Grant program to be funded by pipeline fine

DEP collected $12.6 million from Sunoco Pipeline for violations related to construction

HARRISBURG » The Wolf Administration announced Tuesday the creation of a new grant program funded by the historic penalty collected from Sunoco Pipeline, LLP related to construction of the Mariner East 2 pipeline. Grants will be awarded for projects that reduce or minimize pollution and protect clean water in the 85 municipalities along the length of the pipeline corridor.

“It is important that we utilize this funding in an impactful way that will support long-term water quality improvement projects in these communities,” said Gov. Tom Wolf.

In February, the Pennsylvania Department of Environmental Protection collected a $12.6 million penalty for permit violations related to the construction of the project. The penalty, one of the largest collected in a single settlement, was deposited into the Clean Water Fund and the Dams and Encroachments Fund, in accordance with the provisions of the Clean Streams Law and the Dam Safety and Encroachments Act. These grants will be directed to the municipalities to eliminate

pollution and protect the public from unsafe dams, water obstructions, and encroachments.

“DEP will continue to both monitor permit compliance and ensure that Sunoco addresses and remedies all pipeline project impacts, which are separate from this penalty,” DEP Secretary Patrick McDonnel said. “Our goal with the penalty grant is to aid municipal leaders in providing meaningful local environmental benefits.”

Eligible grant applicants include the 85 municipalities, county conservation districts, incorporated watershed associations, educational institutions, and nonprofit organizations along the length of the ME2 pipeline. The 45-day grant application round will open May 7, 2018. DEP anticipates announcing the approved projects in the summer of 2018.

Sunoco spokeswoman Lisa Dillinger responded with a one-sentence statement: “We are pleased to hear of the governor’s plans.”

State Rep. Duane Milne, R-167, supports the funding.

“I whole-heartedly support this strategic repurposing

of these fine dollars,” Milne said. “This is the least that can be done to help remediate the damage that communities along the pipeline’s path have endured.

“I urge continued efforts to assist affected neighborhoods.”

State Rep. Becky Corbin, R-155, said she was pleased to see the fine go back to communities directly affected by the pipeline.

“I encourage local governments, conservation groups and nonprofit organizations to take advantage of this opportunity to complete projects that will protect our environment and water quality for years to come,” Corbin said.

On behalf of the Middletown Coalition for Community Safety, Eric Friedman responded: “Gov. Wolf’s Department of Environmental Protection rushed the issuance of permits to Sunoco based on egregiously deficient applications. The enormous damage to private property across Pennsylvania was both predictable and predicted, and this token program doesn’t begin to address the economic harms of Sunoco’s export pipeline. Meantime, Gov. Wolf continues to evade his responsibility to assess the safety risks associated with Sunoco’s proposed transport

of dangerous materials next to schools and senior living facilities. Rather than doling out bribes to the communities put at risk, Gov. Wolf should visit his constituents and view the hazards for himself.”

Caroline Hughes of Goshen United for Pipeline Safety, said Tuesday, that Sunoco has been issued 48 violations, “and counting,” through the DEP.

“This fine can’t possibly make up for the damage Sunoco has caused our waterways,” Hughes said. “Sunoco is proposing to destroy the last remaining wetland in Exton.

“These are permanent changes to our environment that can never be remediated.”

Melissa DiBernardino is also a member of Goshen United for Pipeline Safety.

“I’m thrilled to see something positive being done with money that came from Sunoco’s irresponsibility, carelessness, and disregard for regulations,” she said. “I hope that they can find a way to also fund ensuring people’s safety from this troubled project and others alike.”

“For months our local municipalities have been seeking to better protect our people and environment along the pipeline,” said State Rep. Carolyn Comitta, D-156. “This DEP grant program will open the door to funding for much needed local projects, especially for water quality protection.”

State Sen. Andy Dinniman, D-19, said that the grant program would neither undo the damage already caused, nor prevent the potential of future pipeline-related threats to local residents’ health, safety and well-being.

“The entire premise seems backward,” Dinniman said. “Why create a grant program to fix problems when you can prevent such problems to begin with?

“The very idea of throwing money at this issue seems to indicate first, a lack of appreciation for the very real and very significant public safety risks at stake, and second, an acknowledgement of the vast inadequacies in DEP’s ongoing response, or lack thereof.”

Dinniman also pointed out that while the grants will be used for environmental reclamation and preservation projects, none of the funding would go to public safety, which is the foremost concern on many residents’ minds.

“What’s most disappointing is that while grants will be available for environmental projects, not one dime of the $12.6 million fine will go to obtain an independent risk assessment of the Mariner East Project, which is sorely needed,” he said. “Instead, citizens are raising the money for such an assessment themselves.

“All we’re asking for is to fully know and understand the risk associated with this

project – a project that been plagued by problems from the beginning.”

Examples of eligible projects include (but are not limited to):

• Projects to improve water quality while enhancing community recreational opportunities, such as restoration and enhancement of natural water resource features at community parks and public properties, including lake restoration and wetland creation.

• Projects to educate future generations about water resource protection, such as demonstration projects that showcase pervious pavement, stormwater runoff management features and systems, bio-retention systems, constructed wetland complexes, stormwater runoff collection and reuse projects, stormwater mitigation projects that reduce rate and volume and improve water quality on a school or other public property.

• Projects to improve and/or protect public drinking water sources and infrastructure, such as repairs to drinking water system source facilities that improve resiliency of the water supply, including water supply dam rehabilitation work and upgrades, and repairs to water treatment infrastructure and water intakes.

• Municipal Separate Storm Sewer System (MS4) projects to address rate, volume and/or sediment load, including flood-control project features and retrofits to existing stormwater runoff control infrastructure

that reduce rate and volume of stormwater runoff.

• Projects that result in nitrogen, phosphorus, sediment load reductions within the Chesapeake Bay watershed and impaired waters, including stream buffers, stream restoration projects, wetland restoration or enhancement projects.

• Projects that result in water quality improvements in DEP Priority Watersheds and Impaired Watersheds within the 85 municipalities.

As the ME2 project construction work continues, DEP will continue to monitor and enforce the conditions of the permits related to earth disturbance and wetland and waterway encroachment/crossing and will take necessary enforcement actions for any future violations. If a resident should witness pollution from the pipeline affecting streams or other waterways, then please alert DEP at 1-800-541-2050.

For more information on the components of the grant program, please visit http://www.dep.pa.gov/Citizens/GrantsLoansRebates/ Pages/Water-Quality-Projects-Along-ME2-Pipeline. aspx.

Talk of pipelines will be on the agenda at Thursday’s Citizens’ Public Hearing Mariner East at West Whiteland Township Building. Doors open 6:30 p.m. and the meeting ends at 9 p.m. The meeting was moved from the West Goshen Township Building to accommodate a larger audience.