Lawmakers Call For Revoke Of Mariner East Operation License

CHESTER COUNTY, PA —Work on the Mariner East 2 pipeline is suspended indefinitely during a cleanup of a spill into Marsh Creek State Park wetlands last week, but legislators are calling on state authorities to revoke Sunoco's authorization to work at all, and make the company reapply.

State Rep. Danielle Friel-Otten (D-Chester) and seven other legislators addressed Patrick McDonnell of the Pennsylvania Department of Environmental Protection, secretary Dr. Rachel Levine of the Pennsylvania Department of Health, and Chairwoman Gladys Brown Dutrieuille of the Pennsylvania Public Utility Commission calling for an immediate halt to Mariner East pipeline construction and a revocation of Energy Transfer’s permits in Chester County. The letter also was sent to Gov. Tom Wolf.

An Inadvertent Release of drilling fluid along the construction site that beginning Aug. 10 put an estimated 10,000 gallons of the muddy drilling substance into the waters of Marsh Creek Lake. Drilling for pipeline installation was halted by the Department of Environmental Protection and the Department of Conservation and Natural Resources, for containment and cleanup.

"On Monday, Aug. 10, DEP responded to a report from Sunoco of a potential inadvertent return at HDD 290, a drill site off Green Valley Road in Marsh Creek State Park in Upper Uwchlan Township, Chester County. Operation at the drill site has been suspended indefinitely," the DEP reported.

"We are deeply concerned and troubled over this significant resource and recreation impact at Marsh Creek that comes at a time when that park, as are all our parks, is seeing incredible visitation rates amid the pandemic," said DCNR Secretary Cindy Adams Dunn. "Drawing more than 1 million visitors a year, Marsh Creek is among our most visited park, and water-based activities are the catalyst for that draw."

Pennsylvania's DCNR and DEP assured Marsh Creek State Park supporters and area residents that concerted efforts are underway to safeguard visitors and park resources in the wake of last week's pipeline drilling fluid spill affecting the lake and that Energy Transfer will be held accountable to the full extent of the law.

But the group of legislators representing five House districts and three Senatorial districts in Chester County, along with Chester County's Board of Commissioners and Upper Uwchlan Township's commissioners—both local governing bodies over the spill area—by the end of the week demanded that the company's permit to work be revoked. Each group of officials, in separate correspondences, argued that Sunoco/Energy Partners has placed at risk Pennsylvanians and resources in Chester County, as the pipeline is being laid across county land.

"Energy Transfer has spilled an estimated 10,000 gallons of proprietary drilling mud of undisclosed composition into a tributary to a drinking water source, recreation area, and wildlife habitat at Marsh Creek State Park. Enough is enough. It is time to pull Energy Transfer’s permits in Chester County," the legislators' letter said.

"Energy Transfer has continually demonstrated that they have neither the ability nor the motivation to build safe pipelines. They have failed. And by allowing them to restart over and over again with slap-on-the-wrist fines, we have failed the citizens of Pennsylvania, who have a constitutional right to clean air,pure water, and to the preservation of the natural, scenic, historic and aesthetic values of the environment; as well as public health, safety, and private property. It is time for real consequences."

The statement continued, arguing that the company's disregard for the area's resources and residents demands that Energy Transfer be required to reapply for an entirely new permit to operate. "Energy Transfer has more than exhausted any reasonable expectation to be granted the benefit of the doubt or the convenience of a simple restart report. If they wish to continue, they must be required to go through the time, expense, and due diligence of an entirely new permit application."

The Marsh Creek State Park event was one of several recent pipeline construction incidents in Chester County, the legislators pointed out.

"In just the past month, we’ve had more than a dozen serious events at Mariner East pipeline sites in Chester County, endangering our waters, ecosystems, and public health and safety," Friel Otten said. "We've had sinkholes along Business Route 30 at one segment of the Mariner pipeline, hundreds of thousands of gallons of water pouring out of a hillside at another, pipeline construction debris and pollution in the East Branch of the Brandywine Creek at a third site, and now the spill of thousands of gallons of their proprietary drilling mud into wetlands, a tributary creek, and the lake at Marsh Creek State Park. More slap-on-the-wrist fines will not solve the problem. We need to end pay-to-pollute policies and pull Energy Transfer’s permits."

The state's response was outlined in a release late last week, its estimate of the spill's volume being 8,100 gallons. "With the assistance of DEP, Pennsylvania Fish and Boat Commission, private contractors and our park personnel, we are focusing on containment, cleanup, and remediation, and we need the public’s cooperation," Dunn said. "Aiding that effort are DCNR park managers and rangers, as well as our aquatic specialists who will be gauging the spill’s effect on water quality and lake aquatic life."

"Buoys will be used on the lake to delineate the affected area. Approximately 33 acres of the 535-acre lake is now off-limits to boating and fishing. Offering a swimming pool, the park does not permit beach-based swimming. Boating and fishing still is permitted on the rest of the lake, and the park remains open to all other activities," DCNR said.

Located in northcentral Chester County, Marsh Creek State Park's lake and 1,784 acres offer a refuge for migrating waterfowl and also are popular with hikers, hunters and picnickers. It is also a popular location for paddle boarding and boating.

The state stated, "Clean-up crews have made significant progress in collecting and containing spilled material. DEP aquatic biologists have been onsite since the beginning of the incident to assess the spill and ensure that cleanup activities are conducted properly. Downstream drinking water intakes have been notified and there are no concerns about drinking water safety. There have not been any complaints of impacted private water wells,” McDonnell said.

"DEP is also actively coordinating with experts at DCNR, Department of Health, Army Corps of Engineers and Public Utility Commission to ensure that the ongoing situation is managed consistently and safely. DEP has consistently held Sunoco accountable for violations and will do so in this instance as well."

"Containment, water testing, and remediation are underway, and access to affected water and shoreline will be restricted," Dunn said.

But drone photos taken by environmental protection advocates show the spill continuing to enter the lake five days after it began.

Sen. Katie Muth (D-Berks/Chester/Montgomery) added to Friel Otten's calls for action. "Pennsylvanians have a constitutional right to clean water, clean air and the preservation of our state’s vast natural resources, but time and time again, construction on the Mariner East pipeline has violated that right," said Muth. "This latest incident further proves that construction cannot be carried out safely. All state-issued permits for the Mariner East pipeline in Chester County must be revoked."

The letter from legislators to DEP, DCNR, and Gov. Tom Wolf calls for:

• An immediate halt to construction on the Mariner East project.
• Independent testing of private wells in Upper Uwchlan Township, with costs covered completely by Energy Transfer for all residents who request it.
• A requirement that Energy Transfer attend public meetings upon the request of any impacted municipality to hear directly from and respond directly to residents.
• An independent investigation into environmental impacts of the spill at Marsh Creek State Park.
• The immediate remediation of current violations to “as good or better condition.”
• The payment of all outstanding fines and any new fines on these and previous permit violations.
• For Energy Transfer to pay for baseline foundation inspections, private well inspections and private septic system inspections for any resident of any municipality within Mariner East construction who requests an inspection.

The letter was signed by state Reps. Otten, Carolyn Comitta (D-156th District), Christina Sappey (D-158th District), Melissa Shusterman (D-157th District) and Dan Williams (D-74th District), and by state Sens. Muth, Andy Dinniman (D-19th District), and Tim Kearney (D-26th District).

"We can no longer wait. There are currently only five municipalities in Chester County without pipelines. It must be made clear that if you cannot operate with 100 percent safety, you will lose the permits to operate here or anywhere in the Commonwealth," the legislators' letter said.

More information about Marsh Creek State Park and Pennsylvania’s other 120 state parks is available on the DCNR website.