Judge won’t halt pipeline construction

Community group won’t halt fight against Sunoco Logistics plan

MIDDLETOWN >> Work may have started on the Sunoco Logistics Mariner East 2 pipeline, but that hasn’t stopped the Middletown Coalition for Community Safety (MCCS) from continuing its opposition to the project.

The company began the 350-mile system within days of receiving the necessary permits from the Pennsylvania Department of Environmental Protection (DEP) and learning a state Environmental Hearing Board (EHB) judge had denied a request from three environmental groups to block them. MCCS, however, is not conceding.

“Sunoco intends to wreak immediate and irreparable harm in Delaware County,” according to an email from the organization. “Legal action now becomes the primary defense against this proposed pipeline, which threatens public safety, property values and constitutional private property rights.”

While it was not a party, the grassroots organization supported the appeal filed by the Clean Air Council, Delaware Riverkeeper Network and Mountain Watershed Association regarding issuance of the water obstruction and erosion and sediment control permits. The action, submitted within 24 hours of Monday’s DEP ruling, called the review process “inadequate” and stated the groups would suffer “immediate and irreparable injury” if Sunoco was permitted to break ground for the controversial plan.

Judge Bernard Labuskes Jr. rejected the request to halt construction and the environmental organizations filed a motion with the EHB to reconsider the decision. He set a March 1 date to hear the appeal, according to published reports.

“Sunoco’s applications remain egregiously deficient and as such, put our land and water sources at risk,” noted MCCS. “We hope the EHB will correct the improper approval of these incomplete and deficient applications.”

Spanning Pennsylvania, West Virginia and Ohio, the Mariner 2 system would bring natural gas liquids such as propane, ethane and butane from the Marcellus shale areas to the Marcus Hook Industrial Complex.

Approximately 11.4 miles would be installed in Delaware County across private and public property in Thornbury, Edgmont, Middletown, Aston and Upper Chichester, ending at the former Sunoco refinery plant on the Delaware River. The pipeline would also run through several Chester County municipalities: East Goshen, Elverson, Uwchlan, Upper Uwchlan, Wallace, West Goshen, West Whiteland, West Nantmeal, East Nantmeal, and Westtown.

The first 20-inch pipeline would have an initial capacity of about 275,000 barrels a day with the ability to expand to 450,000; the second 16-inch line, if needed, would have an additional capacity of approximately 250,000 barrels a day. Both lines would be included as part of the project.

The DEP decision waived the seven-day notice requirement, allowing Sunoco to begin construction. The company held a preconstruction meeting for Delaware County Wednesday and work has begun locally and in other portions of the state. In many areas, Sunoco will be using horizontal directional drilling to install the pipe between 20-180 feet underground to avoid impacts on the environment and/or neighborhoods, said company communications manager Jeff Shields.

While the DEP announcement was applauded by state Sens. Tom Killion, R-9, and Tom McGarrigle, R-26, and labor leaders, MCCS has not wavered in its stance. Although the senators’ news release noted the approximately $2.5 billion infrastructure project will support more than 15,000 jobs annually during installation and have a $150 million yearly impact on Pennsylvania’s economy, the local group has repeatedly cited the deficiencies of the permit applications and lack of individual input.

“The public has been disenfranchised throughout the process, with no public comment period on the current application submission and no public hearing ever held in Delaware County,” read its statement. “We continue to hold serious concerns for our public and private drinking water, as well for the safety of our communities.”

MCCS added will be supporting “a number of local cases to uphold municipal zoning and land use ordinances in local townships.” When asked, member Eve Miari said she was not at liberty to publicly discuss future actions.

“We also expect to see continued opposition and protests in our community,” the group added.

DIGITAL FIRST MEDIA FILE PHOTO The former Sunoco refinery in Marcus Hook is being retrofitted as potential energy hub for the entire Northeast as the end point of the Sunoco Logistics’ Mariner East 2 pipeline plan. The PUC this week gave the green light to the company’s permit...