TOO CLOSE FOR COMFORT
Mariner 2 neighbors sue, say pipeline isn’t far away enough from their homes
MIDDLETOWN >> Six residents living adjacent to the proposed path of the Mariner East 2 pipeline filed a complaint against Sunoco Logistics in Delaware County Common Pleas Court Friday, seeking an injunction to enjoin the company from constructing the line in apparent violation of township code.
Meghan Flynn, who lives in Glen Riddle Station Apartments, James Fishwick, Glenn Jacobs and Gina Soscia, who reside in Tunbridge Apartments, Glenn Kasper, of East St. Andrews Drive and Alison Higgins, of Lenni Road, are seeking enforcement of a section of the code which states “in no case shall there be a distance of less than 75 feet between a dwelling unit and a petroleum or petroleum products transmission line.” Sunoco purchased the needed private property easements and the complaint states in each case state Department of Environmental Protection “maps show at least one pipeline closer than 75 feet to the building.”
The plaintiffs are also seeking enforcement of the portion of the code which indicates such lines must be “installed in the center of the easement.” The complaint adds the ordinances were adopted more than 50 years ago, long before Sunoco announced the project.
The residents asked the township last month to enforce the provisions of the code, adding if action was not taken in 30 days, they would consider filing suit against Sunoco. Council declined to pursue the request at its April 24 meeting.
“The Pennsylvania Supreme Court has affirmed in the Robinson Township series of cases that Pennsylvania municipalities have the authority to adopt and enforce ordinances to protect their residents from hazardous industrial operations,” said Michael Bomstein, counsel for the plaintiffs. “Unfortunately, Middletown council has failed to seek enforcement of its own ordinances, leading to this complaint.”
Spanning Pennsylvania, West Virginia and Ohio, the Mariner 2 and 2x systems would bring natural gas liquids such as propane, ethane and butane from the Marcellus and Utica shale regions to the Marcus Hook Industrial Complex. Approximately 11.4 miles would be installed in Delaware County across private and public property in Thornbury, Edgmont, the township, Aston and Upper Chichester, ending at the facility.
Federal pipeline safety regulations classify the three products as highly volatile liquids and siting such pipelines is not governed by state or federal authorities, according to the Middletown Coalition for Community Safety. The complaint notes locating the lines is addressed in the local ordinances.
“Sunoco’s published plans are a flagrant violation of the ordinances,” it states. “Issuance of the requested relief will be in the public’s best interest, as it will reduce the risk of harm to township residents and ensure consistent administration of township ordinances.”
When contacted, Sunoco Logistics Communications Manager Jeff Shields said the company would not be commenting on the action as it is pending litigation.