Daily Local News (West Chester, PA)

Andover residents go to court to halt pipeline work

- By Leslie Krowchenko Times Correspond­ent

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.”

 ?? SUBMITTED PHOTO ?? Workers clear the way for the Mariner East 2 pipeline beside homes in the Andover developmen­t off Route 352 in Edgmont Township.
SUBMITTED PHOTO Workers clear the way for the Mariner East 2 pipeline beside homes in the Andover developmen­t off Route 352 in Edgmont Township.

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