Pipeline neighbors’ complaints go unanswered
MIDDLETOWN >> Council has declined to pursue a request by six residents living adjacent to the proposed path of the Sunoco Logistics Mariner East 2 pipeline regarding code provisions relating to minimum setback distances for petroleum product pipelines.
The individuals, who live in Glen Riddle Station and Tunbridge apartments and on East St. Andrews Drive and Lenni Road, claim private-property easements purchased by the company would locate the pipeline closer than 75 feet to their buildings or homes, in violation of township code.
The complaint cited Chapter 210 of the township subdivision and land development ordinance. As the pipeline installation is not a subdivision and therefore not land development, the setback provisions do not apply to the project, said council Chairman Mark Kirchgasser following Monday night’s meeting.
“There is no legal way to enforce it,” he added. “It is apples and pears.”
Four of the residents live in the apartment complexes where the pipelines are planned for a space between buildings. One property owner lives 30 feet from her neighbor’s home and based on Sunoco’s plans to install two sets of pipelines, each would be less than 15 feet from the house, according to the Middletown Coalition for Community Safety.
The complaint is similar to ones filed by private residents in Thornbury and West Goshen townships. In those cases, the documents refer to portions of the township codes related to maintaining open space and pipeline impact radius setbacks.
A copy of the document was presented to the township March 31 and the coalition asked for a response within 30 days. Based on the decision, the residents indicated they may file suit against Sunoco in Delaware County Common Pleas Court, seeking to impose the distance requirements.
Coalition spokesman Eric Friedman declined to discuss pending or potential litigation.
“On behalf of the Middletown Coalition for Community Safety, I can say that council’s decision not to enforce its own thoughtfullyadopted code of ordinances is troubling and difficult to understand,” he said.
The meeting focused on two additional pipeline issues. The coalition hired Quest Consultants of Norman, Okla., to complete an independent hazards study focusing on the potential consequences and probability of a pipeline breach. The simulation centered on 450-student Glenwood Elementary School, where the pipeline and a valve station are proposed for installation 650 feet from the playground.
Council has questioned the criteria used for the study. The closest pumping station would be in Middletown, Dauphin County, 87 miles from the line entering the township, but the Quest report was completed as if the station was in Berks County. The latter is 50 miles closer to the township and the data generated significantly impacts the possible operating pressures, said Kirchgasser.
“The report used 1,200 psi measures in communicating the blast radius, but they would be more in the range of 500-600 psi,” he added. “We want the figures to be accurate, as the results will affect the emergency response.”
The study relied on modeling performed by industry experts along with a probability analysis based on an academically-supported methodology, said Friedman.
“In performing risk assessment, it is critical to model the plausible worstcase scenario as the baseline,” he added. “The hazards analysis is fully documented and was carefully and thoroughly reviewed before release.”
The township verified its information using three different sources and at the request of the coalition agreed to secure confirmation from a fourth entity.
Council also tabled Sunoco’s application for erosion and sedimentation control and stormwater management plans, as the applicant had not satisfied all the requirements from township Engineer Eric Janetka.