PHILADELPHIA (KYW Newsradio) — The Chester County District Attorney’s Office is taking action to stop the Mariner East Pipeline from continued public health and safety risks.
Special prosecutor Seth Weber says the county has filed a civil complaint against Energy Transfer Partners, the parent company of the Mariner East Pipeline. And it has entered into a consent decree with ETP. The action is designed to stop or reduce risks to the health, safety and welfare of residents as a result of the construction.
Weber says the pipeline project is being monitored by the Department of Environmental Protection and the Public Utility Commission.
"The way they do their job, generally, is if they recognize a violation, they impose a fine. A multibillion-dollar company like Energy Transfer can pay the fine, and continue their conduct in violating the environmental laws, and in violating their permits," Weber said.
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But there are so many state and federal violations against the pipeline, and the DEP and PUC are not acting as quickly as residents would like. Weber says that’s why the county is seeking the consent decree, which would allow the county to step in.
"So what we have done in Chester County District Attorney's Office is provided a third tool in the toolkit to enforce violations of the pipeline's permits and enforce violations of Pennsylvania environmental law," he said.
The consent decree would require Energy Transfer Partners, and its affiliate partners, to abide by all laws and permits and not create public nuisances under the Pennsylvania Clean Streams Law.
Weber says, "Public nuisance has been defined as any activity or conduct that significantly impairs or restricts the right of the public to enjoy their property and their environment. So the right to clean air, the right to pure water, the right to use their environment and its natural state, and it has been said that a public nuisance is created when a person or company creates a risk to the safety, the health and welfare of the public."
He says the civil complaint calls on ETP to stop horizontal directional drilling, which has caused leaks and sinkholes and has contaminated wells. It could also allow the court to impose fines for violations.
“We really hope it's going to be a wake up call to ETP and the other owners and operators of the Mariner East pipeline. That is that they can not violate their permits, and violate the environmental statutes in Pennsylvania, and just pay their way to get out of it."
Weber adds, ETP is cooperating.
“They have stepped up to the plate and said, ... 'We've never had to deal with the District Attorney's Office, trying to keep us in line, and we're willing to work with you," Weber said.
In a prepared statement, ETP disputes the allegations in the consent decree and in the civil complaint, regarding environmental violations. The company claims it has a “robust environmental compliance program” with the DEP and the PUC.