DEP cites Sunoco Pipeline for spill

WEST WHITELAND » Mariner East 2 pipeline builder Sunoco Pipeline is catching flack for not notifying the Pennsylvania Department of Environmental Protection in a timely manner following a Nov. 11 inadvertent release while drilling on Lisa Drive.

Horizontal directional drilling likely created a 6-foot-wide sinkhole in the backyard of the Allen family’s home.

A Nov. 16 notice of violation was issued to Sunoco following a Nov. 14 inspection of the Allen property.

Bentonite drilling solution was discharged, with the potential to pollute groundwater, reads the violation notice issued by Domenic Rocco, regional manager of waterways and wetlands. A general inspection report issued by Frank DeFrancesco reads that the inadvertent return is “in the area of a fault line between two different rock formations.

“The fault area was unconsolidated material so during reaming activity, this material collapsed in to the bore and blocked it causing the (drilling solution) to be discharge to the surface.”

In the notice of violation, Rocco wrote about the substance used for drilling.

“Drilling solution is an ‘industrial waste’ … the discharge of industrial waste to water of the commonwealth is a violation of the Clean Streams Law,” Rocco wrote.

Sunoco responded that this was the second inadvertent return at the same site and the pipeline builder was therefore not required to notify the DEP. Sunoco maintains that a call was made and a message left on an answering machine.

The Rocco missive reads that Sunoco is required to immediately notify the department’s southeast regional office’s 24-hour response line.

“Yet, the department has no record of receiving any such notice from Sunoco,” reads the notice of violation.

Sunoco’s failure to provide required notification and reports in accordance with the IR PPC plan, the order, and DEP permits constitutes “unlawful conduct” under Section 611 of the Clean Streams Law and Dam Safety and Encroachment Act.

Jeff Shields, Sunoco Pipeline communications director, issued the following statement Tuesday afternoon:

“We have worked diligently throughout the design and construction of the Marine East 2 project to minimize environmental impacts according to the stringent conditions laid out in our permits. We are working with the Pennsylvania Department of Environmental Protection to address the issues outlined in the notice, and we will provide the DEP with detailed information in formal responses this week. Regarding the notice received in West Whiteland Township, based on our understanding of the protocols for notifying the DEP of inadvertent returns, we have been complying with our permits and will continue to comply.”

Shields also wrote that nearby railroad tracks are safe.

“Regarding the neighboring rail lines, we have been in contact with Amtrak,” reads the release. “We have performed extensive study of the local geology and we have encountered nothing during construction that would adversely impact Amtrak tracks.”

Township Supervisor Joe Denham visited Lisa Drive when the sinkhole first appeared. He is worried about the geologic integrity of soil in the drilling area and the safety of residents.

Denham then contacted the DEP and Department of Transportation.

“We need a watchdog,” Denham said. “We need Sunoco to be held accountable. We need to ensure that Sunoco is complying with the regulations and to safeguard the health, safety and welfare of our residents.”

West Goshen activist Tom Casey is becoming increasingly frustrated with the more than 100 inadvertent returns. He called on Gov. Tom Wolf to stop pipeline construction.

“The DEP is failing us,” Casey said. “They are not doing their job. You and I would be fired. The only person who can make them do their job is Gov. Wolf. His silence is deafening.”

Alex Bomstein, Clean Air Council’s senior litigation attorney, is also seeking change.

“Unless the DEP comes down on Sunoco for its continued breaking of the rules, Sunoco is going to continue to break the rules,” Bomstein said. “This just can’t be the cost of doing business.”