WEST CHESTER, PA — The Chester County District Attorney’s Office served formal notice on Energy Transfer L.P., Energy Transfer Operating, L.P., Sunoco Logistics Partners Operations, L.P., and Sunoco Pipeline L.P. (collectively “Energy Transfer Entities”) of intent to bring a civil public nuisance action against those entities regarding the construction and operation of the Mariner East pipeline project. A public nuisance is an activity that threatens public health, safety, or welfare.
Chester County First Assistant District Attorney Michael Noone stated, “The District Attorney’s Office will do everything in its power to ensure the safety of the community and the citizens of Chester County. This action will require Energy Transfer to take steps to correct the nuisance it has created through its pipeline activities.”
The activities that constitute the public nuisance in the notice to Energy Transfer include, but are not limited to, the following: exposed pipelines in creeks and tributaries, a pattern and practice by Energy Transfer of violating the terms and conditions of its work permits, and a pattern of inadvertent returns which discharge drilling fluids. These actions violate industrial waste discharge requirements in the Pennsylvania Clean Streams Act.
The Chester County District Attorney’s Office intends to file an action in the Chester County Court of Common Pleas to force the Energy Transfer Entities to abate the nuisance. Under the law, this written notice starts a period of 60 days during which Energy Transfer can abate the nuisance. If the 60 day period expires and the nuisance has not been corrected, the Chester County District Attorney’s Office will bring a civil action in the Chester County Court of Common Pleas alleging actions both past and present that create a public nuisance and which should be abated, restrained, or such other relief granted
First Assistant Noone added, “Chester County prosecutors and detectives diligently researched to find an approach that could hold Energy Transfer responsible now and force action now. Chester County citizens deserve to live peacefully in their homes, work in their communities, and educate their children safely in their schools. This step will force Energy Transfer to begin to right their wrongs and fix these problems.”
Source: Chester County District Attorney Office
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