Sunoco Resumes Drilling In Chester County After Appeal

WEST WHITELAND TOWNSHIP — Sunoco began drilling again on Aug. 24 in West Whiteland Township after a judge approved Sunoco's appeal of a drilling halt order at site HDD 360.

An Environmental Hearing Board on Monday granted Sunoco's request to for a temporary override of a state order to cease drilling following the inadvertent release. A suspected groundwater release was reported the the DEP on Aug. 8 in the area of Shoen Road and Devon Drive. A subsequent inspection found that the flow of groundwater at the site was caused by Sunoco's work.

The Department of Environmental Protection issued a notice of violation to Sunoco on Aug. 20.and shut down drilling at the site. John Hohenstein, P.E., Environmental Program Manager for Waterways and Wetlands Southeast Regional Office of the DEP took the action to halt Sunoco's drilling.

Hohenstein was named in Sunoco's Aug. 23 appeal of the Department’s directive to stop and not restart construction at the horizontal directional drilling (HDD) location No. S3-0360 in West Whiteland Township, in Chester County. This is not the HDD 290 site at Marsh Creek State Park, where there was also an inadvertent release on Aug. 10, as well as a sinkhole.

On Aug. 23, Sunoco appealed DEP’s determination that issues at drill site HDD 360 in West Whiteland and Uwchlan Township constituted an Inadvertent Return (IR). "Under applicable legal authorities, absent court intervention, Sunoco could not resume active drilling at the site until DEP received and approved a restart report to address the discharge of turbid water that occurred from the drilling," the DEP stated.

Sunoco's appeal and temporary request to continue work was heard by the Environmental Hearing Board (EHB) on Aug. 24. The EHB granted Sunoco's temporary supersedeas request, allowing them to resume active drilling at HDD 360. Judge Bernard A. Lubuskes Jr. signed the approved appeal.

The decision stated Sunoco may restart drilling immediately. It also said, "If at any point Sunoco’s drilling results in new or increased environmental harm or presents issues of health and safety, Sunoco or the Department may notify the Board and the temporary supersedeas may be reconsidered accordingly."

The temporary appeal of the halt order expires on Sept. 1 when a hearing is scheduled at 8 a.m. for a permanent appeal of the DEP's halt.

DEP said it was on site Tuesday, Aug. 25, to oversee Sunoco's activities and will remain on site as work continues to closely monitor the situation.

This story has been updated. Read related story here.