Chester County Commissioners Ask Gov. To Suspend Pipeline Permit

CHESTER COUNTY, PA — Chester County's Board of Commissioners on Friday addressed Gov. Tom Wolf, asking him to suspend operating authority of Sunoco's Mariner East 2 pipeline construction in relation to the March Creek Lake incident and others that are under DEP investigation in the county.

Among its reasons for asking Wolf to suspend Sunoco's operating authorization is the company's failure in the past to immediately report accidents.

"The two major Mariner East 2 pipeline construction events that occurred this past week – including the incident resulting in the release of drilling fluid that impacted wetlands, flowed into a stream and into Marsh Creek Lake – are particularly concerning," the Commissioners said.

Commissioners said, "The two major Mariner East 2 pipeline construction events that occurred this past week – including the incident resulting in the release of drilling fluid that impacted wetlands, flowed into a stream and into Marsh Creek Lake – are particularly concerning."

Echoing a letter submitted to the governor yesterday by Upper Uwchlan Township's commissioners, Chester County's commissioners pointed to the harm done to Chester County's natural resources, residents, and businesses. "As County elected officials we do not have the authority to stop pipeline activity and construction in the county. But we can – and do – coordinate with the Department of Environmental Protection (DEP), PEMA, the PUC and other state agencies, when the actions of pipeline operators adversely affect our environment and the safety of all of us," the board said.

"As Commissioners, we take seriously our role to protect Chester County’s natural resources and to try to ensure the health, safety and welfare of you, our residents, our businesses and the environment."

Commissioners told the public on Friday, "We can insist that appropriate actions are being taken by pipeline companies to consider all necessary safety measures and that they keep the lines of communication open with our Department of Emergency Services and other relevant County departments and agencies."

Nearly 600 linear miles of pipeline corridors, operated by different companies, cross Chester County’s landscape. Many of these pipelines have been in place for decades, but more recently the construction of new lines and upgrades to existing lines have increased, the county reports.

The Chester County Board of Commissioners' letter begins: "Dear Governor Wolf: We write to you concerning an urgent matter that requires your immediate attention. As you know, Sunoco Pipeline, L.P. (Sunoco) is constructing two pipelines that will carry hazardous liquids across the Commonwealth, and through Chester County. These pipelines are known as the Mainer East 2 project (ME2). On Aug. 10, 2020, the construction of ME2 resulted in the discharge of thousands of gallons of drilling fluid into Marsh Creek Lake, a 535-acre lake that serves as a critical drinking water reservoir located in a 1,784-acre State Park."

"Importantly, on the afternoon of Aug. 10, 2020, approximately 10,000 gallons of drilling fluid was released from an HDD borehole associated with the ME2 construction (HDD 290). The drilling fluid impacted 150 square feet of wetlands, flowed into a stream, and into Marsh Creek Lake. On a telephone call with State, County and local officials, PA DEP staff advised that additional drilling fluid could be released from the borehole. During the call, PA DEP staff were unable to say whether or not the Lake was safe to swim in or what impact of the release would have on aquatic life."

The letter continues, "PA DEP staff conceded, however, that the release of drilling fluid can be harmful to aquatic life."

Commissioners reminded the governor that the Marsh Creek incident was not a lone event. "Unfortunately, the Aug. 10 event at Marsh Creek Lake was not the only significant mishap associated with ME2 construction in Chester County this week. Rather, two additional discharges occurred at another HDD location (HDD 360) in West Whiteland Township on Aug. 8 and 9."

According to Chester County's commissioners, construction of ME2 has resulted in more than 100 inadvertent returns (IRs).

"IRs are releases of fluid used in the underground horizontal directional drilling (HDD) process. This drilling fluid contains bentonite and other chemicals."

"The Pennsylvania Department of Environmental Protection (PA DEP) has penalized Sunoco millions of dollars for violations of the Commonwealth’s environmental laws and, in January of 2018, temporarily suspended all work authorized by Sunoco’s environmental permits because, among other things, Sunoco allowed, and failed to immediately report, IRs," the county told Wolf.

Further, the county cited the incidence of sinkholes related to pipeline construction. "In March of 2018, sinkholes developed in the path of the ME2 construction which prompted the Chairwoman of the Pennsylvania Public Utility Commission (PUC) to order that the nearby active Mariner East 1 (ME1) pipeline temporarily cease operations because 'permitting the continued flow of hazardous liquids through the ME1 pipeline without proper steps to ensure the integrity of the pipeline could have catastrophic results impacting the public.'"

the letter continued, "In May of 2018, a PUC Hearing Officer ordered that construction of ME2 again be halted in West Whiteland Township, Chester County because, among other things, 'Petitioner has shown Sunoco is putting West Whiteland Township’s water supplies at risk by failing to adequately identify, document and avoid drilling through well or aquifer locations underground.'"

Chester County's commissioners decried the failure of the state to act where counties and townships cannot, saying the Commonwealth has, time and time again, allowed Sunoco continue construction of ME2.

"As noted above, Marsh Creek Lake is a 535-acre lake that serves as a critical drinking water reservoir. The Downingtown Municipal Water Authority, Aqua Pennsylvania and the City of Wilmington in Delaware rely on Marsh Creek Lake for drinking water supplies. Homes around Marsh Creek also obtain water from on-site drinking water wells. Marsh Creek is widely used for fishing and recreational boating, although gasoline-powered boats are prohibited at Marsh Creek Lake."

The county said that for years, the it has worked to "have Sunoco act in a safe and protective manner. Obviously, this has not yet occurred. We need your assistance to safeguard the health
and wellbeing of Chester County and its residents."

Finally, the letter called on the governor to "suspend Sunoco’s authority to construct and operate ME2. This suspension should remain in effect unless and until independent third party experts, not hired by Sunoco or employed by DEP, are given complete access to the site to conduct an honest evaluation as to whether Sunoco’s installation methods are in fact safe, as well as, to allow them determine whether or not the water is noxious or harmful."

The full letter can be read here.

As of 4 p.m. Friday, Gov. Wolf had not responded to the Chester County Commissioners' letter, or to the letter from Upper Uwchlan Township.

Chester County has created the Pipeline Information Center; a web-based central location for all aspects of pipeline issues including pipeline safety, the pipeline review process, and the latest information on pipeline project activity within Chester County and the surrounding region. To find out more, visit chescoplanning.org/pic/introduction.cfm.