Chester County Commissioners’ Message August 14, 2020

Read Time:6 Minute, 22 Second

As Commissioners, we take seriously our role to protect Chester County’s natural resources and to try to ensure the health, safety and welfare of you, our residents, our businesses and the environment. The two major Mariner East 2 (ME2) pipeline construction events that occurred this past week – including the incident resulting in the release of drilling fluid that impacted wetlands, flowed into a stream and into Marsh Creek Lake – are particularly concerning. As County elected officials we do not have the authority to stop pipeline activity and construction in the county. But we can – and do – coordinate with the Department of Environmental Protection (DEP), PEMA, the PUC and other state agencies, when the actions of pipeline operators adversely affect our environment and the safety of all of us.

We can insist that appropriate actions are being taken by pipeline companies to consider all necessary safety measures and that they keep the lines of communication open with our Department of Emergency Services and other relevant County departments and agencies.We can take measures to ensure pipeline activity taking place on our County-owned property is being conducted in a safe and transparent manner.And when necessary, we can appeal to the Governor and our state elected officials to take actions within their power to prevent dangerous incidents like the ones that occurred this week from happening in the future.On Wednesday of this week, we sent a letter to Governor Wolf, calling on him to suspend the authority of the ME2 pipeline company, Sunoco Pipeline, L.P., in constructing and operating the ME2 pipeline. We noted to the Governor that the suspension should remain in effect until independent third-party experts – not hired by Sunoco or employed by the DEP – are given complete access to the site to conduct an honest evaluation regarding the safety of Sunoco’s pipeline installation methods and to determine the true environmental impact of the recent release of drilling fluid into Marsh Creek lake.Nearly 600 linear miles of pipeline corridors, operated by different companies, cross Chester County’s landscape. Many of these pipelines have been in place for decades, but more recently the construction of new lines and upgrades to existing lines have increased. Because of this, Chester County created the Pipeline Information Center – a web-based central location for all aspects of pipeline issues including pipeline safety, the pipeline review process, and the latest information on pipeline project activity within Chester County and the surrounding region. To find out more, visit chescoplanning.org/pic/introduction.cfm.

LINK TO THE LETTER TO GOV. WOLF

Letter to Gov Wolf – 8.12.2020 – Sunoco LP inadvertent return

-OR-

LETTER TEXT (VERBATIM) –

THE COUNTY OF CHESTER
COMMISSIONERS
Marian D. Moskowitz
Josh Maxwell
Michelle H. Kichline
OFFICE OF THE COMMISSIONERS
313 W. Market Street, Suite 6202
P.O. Box 2748
West Chester, PA 19380-0991
(610) 344-6100

August 12, 2020

The Honorable Tom Wolf
Office of the Governor
508 Main Capitol Building
Harrisburg, PA 17120

Dear Governor Wolf:
We write to you concerning an urgent matter that requires your immediate attention. As you
know, Sunoco Pipeline, L.P. (Sunoco) is constructing two pipelines that will carry hazardous liquids
across the Commonwealth, and through Chester County. These pipelines are known as the Mainer East 2
project (ME2). On August 10, 2020, the construction of ME2 resulted in the discharge of thousands of
gallons of drilling fluid into Marsh Creek Lake, a 535-acre lake that serves as a critical drinking water
reservoir located in a 1,784-acre State Park.
Importantly, on the afternoon of August 10, 2020, approximately 10,000 gallons of drilling fluid
was released from an HDD borehole associated with the ME2 construction (HDD 290). The drilling fluid
impacted 150 square feet of wetlands, flowed into a stream, and into Marsh Creek Lake. On a telephone
call with State, County and local officials, PADEP staff advised that additional drilling fluid could be
released from the borehole. During the call, PADEP staff were unable to say whether or not the Lake was
safe to swim in or what impact of the release would have on aquatic life. PADEP staff conceded,
however, that the release of drilling fluid can be harmful to aquatic life.
Unfortunately, the August 10 event at Marsh Creek Lake was not the only significant mishap
associated with ME2 construction in Chester County this week. Rather, two additional discharges
occurred at another HDD location (HDD 360) in West Whiteland Township on August 8 and 9.
The construction of ME2 has resulted in more than one-hundred inadvertent returns (IRs). IRs are
releases of fluid used in the underground horizontal directional drilling (HDD) process. This drilling fluid
contains bentonite and other chemicals. The Pennsylvania Department of Environmental Protection
(PADEP) has penalized Sunoco millions of dollars for violations of the Commonwealth’s environmental
laws and, in January of 2018, temporarily suspended all work authorized by Sunoco’s environmental
permits because, among other things, Sunoco allowed, and failed to immediately report, IRs. In March of
2018, sinkholes developed in the path of the ME2 construction which prompted the Chairwoman of the
Pennsylvania Public Utility Commission (PUC) to order that the nearby active Mariner East 1 (ME1)
pipeline temporarily cease operations because “permitting the continued flow of hazardous liquids
through the ME1 pipeline without proper steps to ensure the integrity of the pipeline could have
/Cont’d…
/2.
catastrophic results impacting the public.” In May of 2018, a PUC Hearing Officer ordered that
construction of ME2 again be halted in West Whiteland Township, Chester County because, among other
things, “Petitioner has shown Sunoco is putting West Whiteland Township’s water supplies at risk by
failing to adequately identify, document and avoid drilling through well or aquifer locations
underground.” Despite all this, however, the Commonwealth has, time and time again, allowed Sunoco to
continue construction of ME2.
As noted above, Marsh Creek Lake is a 535-acre lake that serves as a critical drinking water
reservoir. The Downingtown Municipal Water Authority, Aqua Pennsylvania and the City of Wilmington
in Delaware rely on Marsh Creek Lake for drinking water supplies. Homes around Marsh Creek also
obtain water from on-site drinking water wells. Marsh Creek is widely used for fishing and recreational
boating, although gasoline-powered boats are prohibited at Marsh Creek Lake.
Sunoco’s activities traverse Chester County and are in close proximity to residential dwellings,
various public assembly areas, and environmentally sensitive and historically significant places. Sunoco
conducts its activities – including its HDD operations – pursuant to permits and other approvals issued by
the Commonwealth. For years, the County has been engaged in an effort to have Sunoco act in a safe and
protective manner. Obviously, this has not yet occurred. We need your assistance to safeguard the health
and wellbeing of Chester County and its residents. We call on you to suspend Sunoco’s authority to
construct and operate ME2. This suspension should remain in effect unless and until independent third
party experts, not hired by Sunoco or employed by DEP, are given complete access to the site to conduct
an honest evaluation as to whether Sunoco’s installation methods are in fact safe, as well as, to allow them
determine whether or not the water is noxious or harmful.
Very truly yours
Marian D. Moskowitz Josh Maxwell Michelle H. Kichline
Chair Vice-Chair Commissioner
cc: Patrick McDonnell, Secretary, PADEP
Joe Adams, Deputy Secretary of Field Operations, PADEP
Aneca Atkinson, Deputy Secretary of Water Programs, PADEP
Joshua D. Shapiro, Attorney General
Cindy Adams Dunn, Secretary DCNR
Senator Katie Muth
Senator Andy Dinniman
Representative Danielle Friel-Otten
Representative Carolyn Comitta