Daily Local News (West Chester, PA)
Andover residents go to court to halt pipeline work
THORNBURY » The Andover homeowners’ association filed a motion in Commonwealth Court Monday seeking a preliminary injunction to halt all work on its open space permitted by the PennDOT highway occupancy permit issued in relation to the Sunoco Logistics L.P. Mariner East 2 pipeline project.
The 350-mile pipeline system, with approximately 11.4 miles to be installed in Delaware County, is slated to bring natural gas liquids such as propane, ethane and butane to the Marcus Hook Industrial Complex. A section would cross Andover’s communal land and the homeowners’ association is requesting a work stoppage until an appropriate dust mitigation plan has been submitted and approved.
“Without even trying to negotiate, Sunoco Pipeline has blighted and destroyed the private, preserved open space of the Andover homeowners’ association,” said president Eric Friedman. “When Gov. Tom Wolf ordered his Department of Environmental Protection (DEP) to issue clearly deficient permits to Sunoco, he made a dangerous wager with other peoples’ existence.”
The development of 39 single-family homes on approximately 42 acres, bounded by routes 352 and 926, includes 40 percent open space as required by municipal code. The appeal, associated with the three acres where construction has begun, was filed by attorney Rich Raiders in Commonwealth Court as it has exclusive jurisdiction to hear appeals related to state agencies.
Andover was built on the site of a former apple orchard that used lead, arsenic and dieldrin as pesticides that remain in the soil in sufficient concentrations to cause harm, according to the appeal. During construction, developer Vaughan and Sautter Builders completed a soil management program to reduce risks from disturbances, it added.
The association contends Sunoco is not taking similar precautions. Roadway and pipeline facility work started last month as authorized by the PennDOT permit and in compliance with the grading permit issued by the township, but the document alleges the company has not engaged in adequate erosion and sediment control practices.
“Sunoco took limited steps to ascertain the levels of legacy contamination,” according to the appeal. “Those most likely to be exposed to potential contaminants include nearby residents and business patrons, motorists along highways that border the Andover community and others, particularly children.”
The document adds DEP and the township would normally be potential sources of relief, but the association has not received a response from the former to its Sept. 1 letter and correspondence from the latter stated it has no ability to resolve the issue. Friedman also filed a complaint Sept. 15 with PennDOT, but as of the appeal filing date had not received a response.
The appeal is seeking to stop Sunoco’s activities unless and until it engages in appropriate mitigation efforts to avoid airborne dust emissions, dragging contaminated soils onto roadways and contact runoff contamination. The plan, which would be developed in conjunction with PennDOT, DEP, the Delaware County Conservation District, township and association, should be approved by the court prior to resuming construction activities associated with the permit.
The filing is also asking for PennDOT, in conjunction with DEP, to conduct daily inspections of the area to evaluate Sunoco’s compliance, with the right to issue a cease and desist order for any observed violations.
Sunoco Pipeline Communications Manager Jeff Shields indicated the company is fulfilling the conditions of the permit.
“We are in compliance with all local, state and federal requirements in place to protect our workers, neighbors and the environment and those are our priorities as we proceed with construction,” he said. “Beyond that we do not comment on issues related to pending legal matters, per our company policy.”