DEP Orders Sunoco: Divert Pipeline From Marsh Creek State Park

CHESTER COUNTY, PA — Stop working, re-route the pipeline around Marsh Creek wetlands, and clean up your mess, is what PA Department of Environmental Protection has told Sunoco.

Sunoco's response to its Aug. 10 spill of 8,163 gallons of drilling fluid into Marsh Creek State Park wetlands was found to be insufficient, and the Pennsylvania Department of Environmental Protection has ordered the company to re-route the pipeline away from the area.

A 33-acre portion of Marsh Creek Lake remains closed to recreational boating and fishing and all other public use because drilling fluids are on the lake bottom, said DEP in an administrative order issued late Friday.

The DEP demanded Sunoco immediately suspend all work until re-authorized by DEP. The Department said Sunoco, part of Energy Transfer Operating, L.P., must assess the damage done to Marsh Creek and submit its plan for remediating the damage, but it has not done so.

"Sunoco must further assess, investigate, and restore resources impacted by Mariner East II pipeline installation activities in Upper Uwchlan Township," said Virginia Cain of the DEP.

Following the initial release of drilling fluid containing a bentonite clay mixture, the spill moved through wetlands and two tributaries into Marsh Creek Lake. A 15-by-8 foot sinkhole formed in the days after the spill also, and it appeared the spill was not contained.

Sunoco's proposed re-route would divert the pipeline one mile to the north, under the Pennsylvania Turnpike, heading east for under a mile parallel to the Turnpike, across Little Conestoga Road, then turning south, crossing under the Turnpike again and re-connecting with the pipeline.

Rep. Danielle Friel-Otten (D-155th) said, "This is not a win. While the suspension of drilling activity near Marsh Creek Lake is good news for our state park, I am deeply concerned that this action exposes more people, land, and waterways to the risks of Mariner East construction and the risks of these pipes in the ground. The reroute requirement is a result of Energy Transfer’s repeated failure to operate safely at this location."

Sunoco's proposed re-route would still cross two Commonwealth waterways, and possibly forested wetlands, and would pass in near proximity to five residential home sites. Both crossings of the turnpike would require smaller HDDs or direct pipe bores to achieve the required depth of cover under the highway, the DEP said.

Friel Otten added, "Why would we expect them to operate safely or responsibly in another? The people of Pennsylvania continue to bear the consequences of Energy Transfer’s careless and negligent operation. My staff and I are working to gather as much information as possible about both the proposed route and the process, and we will look to plan a virtual community meeting in the coming weeks to hear feedback from the affected communities."

State Sen. Andy Dinneman (19th) said, "While it's good to see that DEP taking responsibility for the ongoing and very severe impacts of the Mariner East pipeline project, I hope it will also reconsider and rethink the pipeline route and construction activities that have led to a series of sinkholes and other serious geologic problems along karst formations in the West Whiteland area."

Chester County resident and activist Ginny Kerslake, whose property has been impacted by another of Sunoco's drilling sites, said the DEP's order does not go far enough.

"This action by the DEP is the least they could do. Energy Transfer (Sunoco) has shown time and again that it is either unable or disinterested in complying with the permits. It is high time the DEP revoked the permits and put a halt to this ill-conceived project that threatens our families communities and water resources," Kerslake said.

Chester County commissioners on Aug. 14 called on Pennsylvania Gov. Tom Wolf to stop construction of the Mariner East 2 pipeline and revoke Sunoco's authorization for construction, saying civil penalties and temporary suspensions were "no longer sufficient."

Likewise, Upper Uwchland Township issued such a call after the spill at Marsh Creek State Park, a major recreation area.

Kerslake expressed concerns about the pipeline's proximity to homes. "Gov. Tom Wolf, Pennsylvania Public Utility Commission, and DEP need to halt Mariner East activities and revoke the permits as requested by eight of our nine Democratic state legislators from Chester County, our Chester County Commissioners and several townships," she said.

The administrative order, said Cain, "Re-affirms DEP's regulatory oversight. DEP officials have maintained a consistent presence at this site since the spill on Aug. 10, 2020 to oversee all clean up and restoration activities and issued a Notice of Violation to Sunoco on Aug. 20, 2020."

A copy of the order and supplemental material on this project can be found on DEP’s Pipeline Portal at www.dep.pa.gov/pipelines.

Read related stories here:

DEP Cites Sunoco For Spills, Sinkholes, Groundwater Release

Sunoco Resumes Drilling In Chester County After Appeal

Chesco Commissioners Step Up Pressure On Gov. Wolf To Stop Sunoco