DEP fines Sunoco Pipeline for construction violations

Penalty will go into Clean Water Fund, Dams and Encroachments Fund

HARRISBURG » The Pennsylvania Department of Environmental Protection fined Sunoco Pipeline /ETP $148,000 for violations of the Clean Streams Law and Dam Safety and Encroachment Act that occurred during the construction of the Mariner East 2 pipeline in Berks, Chester, and Lebanon counties.

In addition to statewide construction, Sunoco is building the 350-mile Mariner East 2 and 2X pipelines through high-density sections of Chester and Delaware counties.

“In all three counties, Sunoco

impacted the private water supplies of several citizens by causing cloudy, turbid, discolored and/or lost water in their wells, in addition to causing pollution and potential pollution to waters of the commonwealth,” reads a DEP release issued Monday. “In Chester County, Sunoco also failed to immediately notify DEP of the adverse impacts to the private water supplies.”

About 30 West Whiteland Township homeowners and well water users took advantage of a Sunoco offer to hook up at no charge to public water. The homeowners were each also paid $60,000.

The lone holdout is township resident David Mano who has not taken the Sunoco offer and is still drinking well water.

“I think the DEP is a thief, the people impacted should be getting this award not them,” Mano said. “We the people were impacted not the DEP.”

The penalty will go into the Clean Water Fund and the Dams and Encroachments Fund. Mano noted that Sunoco was previously fined $12.6 million for pipeline related issues.

“That money should have been distributed to the affected people, not the politicians’ coffers,” Mano said. “Sunoco (ETP) will not make us take a water buffalo or make us go on public water, this is not going to satisfy this owner.

“(Sunoco) ETP better step up or shut up ...”

DEP Secretary Patrick McDonnell said Sunoco’s actions violated the law and will not be tolerated.

“Sunoco cannot impact water supplies,” McDonnell said. “If it does, Sunoco must address those impacts to the satisfaction of the water supply’s owner, including replacement or restoration of the impacted water supply.”

“No company is above the law. Sunoco must comply with all conditions in its permits. DEP will continue to monitor Sunoco’s compliance with those conditions and take all steps necessary to ensure Sunoco complies with its permits and the law.”

Sunoco/ETP spokesperson Lisa Dillinger released the following comment Monday afternoon: “This is the result of months of negotiations regarding prior water issues that have been remedied with each homeowner. It is always our intent to fully comply with the terms and conditions of all our permits when constructing and operating our pipelines. It is important to note that these unintentional violations are a result of underground drilling construction activities that we have since made adjustments to the designs that the DEP has approved. In addition, we are going beyond requirements by notifying landowners with wells in proximity to HDDs to proactively provide water supply options as a precaution. There has been no long term impact to water anywhere.”

State Sen. Andy Dinniman, D-19, has challenged Sunoco on pipeline construction for a couple of years.

“Clearly, fines are not going to make Sunoco do the right thing in terms of protecting the public and our environmental resources from the potential dangers and ongoing impacts of the Mariner East pipeline project,” Dinniman said. “In comparison to the $12.6 million fine Sunoco already paid out for violations related to the same project earlier this year, $140,000 is barely a slap on the wrist.”

Dinniman discussed the compromised wells in West Whiteland.

“We knew then that Sunoco didn’t notify homeowners about the drilling and didn’t even have an accurate list of residential wells near the pipeline’s path. Now, more than a year later, DEP is finally ready to fine Sunoco.

“‘Too little, too late’ is an understatement.”