June 15, 2018
DRBC Commissioners &
Steven Tambini, Executive Director
Delaware River Basin Commission
P.O. Box 7360
West Trenton, New Jersey
Re:

Sunoco Pipeline L.P. – Pennsylvania Pipeline Project – Natural Gas
Liquids Pipeline: D-2015-018-1

Dear DRBC Commissioners and Executive Director Tambini,
On December 9, 2015 you approved Docket No. D-2015-018-1 for construction of the Sunoco
Pennsylvania Pipeline Project, more commonly referred to as the Mariner East project. The
DRBC docket provides that:
“The Executive Director may modify or suspend this approval or any
condition thereof, or require mitigating measures pending additional review,
if in the Executive Director's judgment such modification or suspension is
required to protect the water resources of the Basin.”
In light of the severe and ongoing violations of the DRBC docket and the significant harm
being inflicted on water resources of the basin, we are urging you to exercise your authority to
suspend this docket and undertake a thorough review of the project, the damaging impacts it

 is having on water resources of the basin, and the need for significant restoration and
mitigation activities. This thorough review should be complete and decisions finalized
regarding appropriate responsive actions, including needed mitigation and restoration, before
considering the appropriateness of reinstating the docket as is or with identified
modifications.

Sunoco has materially changed a number of HDD Crossings without DRBC
written approval in violation of its DRBC Docket.
DRBC Docket No. D-2015-018-1 explicitly mandates that:
“Any proposed change from an HDD to an alternative crossing method
requires the written approval of the Executive Director prior to initiating
construction of the alternative.”
Pursuant to several stop work orders, consent agreements, and settlement
agreements with the Pennsylvania Department of Environmental Protection
(PADEP) and other parties, including Delaware Riverkeeper Network, Sunoco has
materially changed a number of HDD crossings to alternative crossing methods.
Upon information and belief, the DRBC Executive Director has not provided
written approval of any of these alternative crossing methods. As such, Sunoco has
proceeded with its construction activity in express violation of its DRBC Docket No.
D-2015-018-1.
Delaware Riverkeeper Network hereby requests that Executive Director Tambini,
by his own initiative or at the instruction of the DRBC Commissioners, exercise the
authority to suspend DRBC Docket No. D-2015-018-1 until such time that Sunoco
comes into compliance.
Delaware Riverkeeper Network re
Mariner East Docket No. D-2015-018-1
Page 2 of 11

 Sunoco has released pollution into waterways and the environment in
violation of its DRBC docket.
DRBC Docket No. D-2015-018-1 explicitly mandates that:
“Docket approval is subject to all conditions, requirements, and limitations
imposed by the PADEP, PADCNR, County Conservation Districts and the
USACE, and such conditions, requirements, and limitations are incorporated
herein, unless they are less stringent than the Commission’s. “
Therefore, any violation of any Pennsylvania permit requirements or standards, including
those imposed by PADEP, PADCNR or County Conservation Districts, and/or any violations
of any permit requirements or standards applicable from the US Army Corps of Engineers, is
a violation of the DRBC docket. Compliance with Pennsylvania or US Army Corps permit
obligations are an explicit condition of the DRBC docket, and violation thereof is an explicit
violation of the DRBC docket. In fact, compliance with the state and federal permits of these
other entities is a substantive mainstay of the DRBC docket.
In addition the docket mandates:
“With the exception of bentonite and water and PADEP-approved additives, no
other additives shall be used in the HDD process. Used drilling mud and solids
from the drilling process shall be disposed of at a State-approved disposal
facility. “
Release of drilling mud and solids from the drilling process into the environment and/or
waterways of the basin would be a clear and explicit violation of this docket condition.
Delaware Riverkeeper Network re
Mariner East Docket No. D-2015-018-1
Page 3 of 11

 By virtue of this letter, we are informing you that during construction of the Mariner East
project that is the subject of DRBC Docket No. D-2015-018-1, Sunoco Pipeline LLC
(hereinafter “Sunoco”) has:
 illegally discharged, and continues to discharge, pollution in the form of
sediment-laden stormwater to waters of the basin on multiple occasions, causing
or contributing to violations of water quality standards on numerous occasions and in
various counties across the state of Pennsylvania and resulting in direct violations of
Sunoco’s permits for the project and violations of DRBC Docket No. D-2015-018-1; and
 illegally discharged, and continues to discharge, thousands of gallons of drilling fluids
into waters of the basin because of their construction activities in direct violation of
Sunoco’s permit obligations and as a result of these discharges has also violated DRBC
Docket No. D-2015-018-1.

These discharges have contributed to, and continue to contribute to, violations
(exceedances) of Pennsylvania’s water quality standards. Sunoco has been subject to
numerous Notices of Violation and Inspection Reports that document repeated instances of
sediment-laden water being illegally discharged off the construction site and into the
navigable waters of the Commonwealth of Pennsylvania thereby confirming that these are in
fact violations of state permit conditions and as a result are violations of the DRBC docket. A
list of violations known to the Delaware Riverkeeper Network are provided below, clearly
demonstrating the extensive nature, quantity, and enduring character of the violations
resulting in significant harm to water resources.
According to its docket, Sunoco is required to:

Delaware Riverkeeper Network re
Mariner East Docket No. D-2015-018-1
Page 4 of 11

 “report in writing to the Commission Project Review Section Supervisor any
violation of the docket conditions within 48-hours of the occurrence or upon
the docket holder becoming aware of the violation. In addition, the docket
holder shall report in writing any violations of any other docket conditions to
the Commission Project Review Section Supervisor within three days of the
violation. The docket holder shall also provide a written explanation of the
causes of the violation within 30 days of the violation and shall set forth the
action(s) the docket holder has taken to correct the violation and protect
against a future violation. “
By virtue of this letter we are inquiring whether Sunoco has in fact provided such written
notifications and we request pursuant to the Freedom of Information Act, to receive copies
of all such written notifications to the DRBC.
Given the extreme and ongoing nature of the violations being experienced as a result of
construction of the Mariner East pipelines by Sunoco LLC we urge Executive Director
Tambini, by his own initiative or at the instruction of the DRBC Commissioners, to suspend
DRBC approval of the Sunoco Mariner East project and to revoke DRBC Docket No. D-2015018-1. The significant, ongoing and repeated violations at issue are inflicting severe and
enduring harm on the water resources of the basin. Of particular note, these are not just
infrequent and accidental occurrences, they have become commonplace, are significant, and
as described by Judge Elizabeth Barnes of the PUC , “Sunoco has made deliberate managerial
decisions to proceed in what appears to be a rushed manner in an apparent prioritization of
profit over the best engineering practices ….”
A listing of known violations …..
On at least the following dates, and at the following locations, information demonstrates
that Sunoco has caused point source discharges of sediment-laden stormwater or other
Delaware Riverkeeper Network re
Mariner East Docket No. D-2015-018-1
Page 5 of 11

 pollutants to waters of the basin from its construction activities that violated (exceeded)
water quality standards, applicable permits and the DRBC docket conditions. The
discharges fall into two general categories, first are discharges of sediment-sediment
laden water as a result of stormwater discharges; the second are those resulting from
inadvertent returns (“IR”) of drilling fluids related to Sunoco’s hydraulic directional
drilling construction efforts.
Sediment-Laden Stormwater Discharges
 On or before May 9, 2017 and continuing until a date to be determined, the Department
documented sediment laden water discharging out of the ground into a basin partially
located on the right of way for the Project, and water running down the right of way on the
other side of the road and into Clover Creek. The location of this discharge was off
Fairview Road in Woodbury Township, Blair County.
 On or before June 24, 2017 and continuing until a date to be determined, a Sunoco
Compliance Report documented sediment-laden water depositions into an area over
approximately 200 feet of stream channel. Sediment was also deposited within off rightof-way upland areas. The location of this discharge was east of N. Union Street, downslope
from future Swatara Creek location, Dauphine County.
 On or before June 28, 2017 and continuing until a date to be determined, the Department
documented sediment pollution into Doubling Gap Creek and a downstream pond. The
pond is located on the north side of the pipeline in Lower Mifflin Township, Cumberland
County.
 On or before June 28, 2017 and continuing until a date to be determined, the Department
documented a discharge of sediment-laden water into tributaries of Swatara Creek located
East of N. Union Street in Swatara Township & Middletown Borough, Dauphin County.
 On or before July 5, 2017 and continuing until a date to be determined, the Department
documented sediment discharges into a pond and other waterbodies. The receiving
waters of the discharge was Opossum Creek, in in Lower Frankford Township,
Delaware Riverkeeper Network re
Mariner East Docket No. D-2015-018-1
Page 6 of 11

 Cumberland County.
 On or before July 14, 2017 and continuing until a date to be determined, the Department
documented stormwater flows that deposited sediment into vegetated areas and flows
and deposits that reached the steam bank and into a waterbody resulting in silt
depositions at that location. The general location of the discharge was between station
number 10785+73 and 10785+00, Cumberland County.
 On or before July 27, 2017 and continuing until a date to be determined, the Department
documented sediment discharges into a number of different streams and wetlands. These
waters are located in Lower Swatara Township and Middletown Borough, Dauphin
County.
 On or before August 2, 2017 and continuing until a date to be determined, the Department
documented an environmental cleanup underway of contaminated soils in the area near
Vinemont road, with waters leaving the soil pit. The receiving water was the Cacoosing
Creek, located in South Heidelberg, Berks County.
 On or before August 15, 2017 and continuing until a date to be determined, the
Department documented an open cut to Bachman Run that was receiving a discharge of
sediment laden water as a result of multiple spring seeps. The discharge ran downslope
into Bachman Run. The location of the discharge was west of Mt. Wilson Road South
Annville Township, Lebanon County. The Department documented plumes of sediment
miles downstream from the discharge. Department Personnel also observed potential
impacts at a trout hatchery down slope. The Department issued a Notice of Violation for
this active release of sediment into Bachman Run.
 On or before August 18, 2017 and continuing until a date to be determined, the
Department documented sediment laden water that turned a pond cloudy. The inspection
occurred at the cross over at Rock Run, which flows into Conodoguinet Creek. The location
of this discharge is in Upper Frankford and North Middleton, Cumberland County. The
sediment laden water followed a private access road until it hit a water bar and flowed
down slope through a wooded area and into Rock Run at a point 30 feet south. Sediment
Delaware Riverkeeper Network re
Mariner East Docket No. D-2015-018-1
Page 7 of 11

 deposition was observed in the floodway at the point the flow entered Rock Run and in the
stream bed between the point of entry and downstream pond 700 feet to the south.
 On or before August 21 and continuing until a date to be determined, Department
personnel arrived on site to multiple complaints of sediment-laden water being
discharged into the East Branch of the Conestoga River in the area of Joanna Road. A video
showed heavy flows of sediment-laden water coming off Joanna Road. The impacted area
was located in South Heidelberg Township, Berks County.
 On or before September 11, 2017 and continuing until a date to be determined, the
Department documented an open cut to Hammer Creek and associated wetland with a
heavy sediment discharge in and near the wetland. The open trench was completely filled
with water. The location was a tributary to Hammer Creek in Heidelberg Township,
Lebanon County.
 On or before September 11, 2017 and continuing until a date to be determined, the
Department documented an open cut to Bachman Run where there was standing water in
the access road and north of the access road adjacent to the stream. There was 1-5 inches
of accumulated sediment in the stream. The location of this discharge was in South
Annville Township, Lebanon County.
 On or before September 12, 2017 and continuing until a date to be determined, the
Department documented upland soils had been deposited within a wetland. The
sediment also traveled downslope and deposited into a streambed. The incident occurred
in Spring Township, Berks County and the water affected was an unidentified tributary
to Cacoosing Creek.
 On or before September 14, 2017 and continuing until a date to be determined, the
Department documented discharges of turbid water into a wetland in addition to
discharges upslope of the wetland. The waters affected were wetlands and tributaries of
Little Cocalico Creek located immediately east of Swamp Church road in West Cocalico
Township, Lancaster County.
 On or before September 18, 2017 and continuing until a date to be determined, the
Delaware Riverkeeper Network re
Mariner East Docket No. D-2015-018-1
Page 8 of 11

 Department documented a pollution event of a wetland. One cubic yard of soil and rock
had fallen into the wetland. The location of the discharge was
 North Middleton, Cumberland County. The water affected was an unidentified tributary
into Meetinghouse Run.
 On or before, September 20, 2017 and continuing until a date to be determined, the
Department documented sediment laden water discharging into a wetland and
waterbody. The receiving water was Meetinghouse Run, a tributary of Conodoguinet
located in North Middleton, Cumberland County.
 On or before October 31, 2017 and continuing until a date to be determined, the
Department documented a discharge of sediment-laden water into an unnamed tributary
to Killinger Creek. The creek is located in South Londonderry Township, Lebanon County.
Inadvertent Return Discharges
 On or before February 27, 2018 and continuing until a date to be determined, the
Department received notice from Sunoco of an IR of 100 gallons of drilling fluids into an
unnamed tributary to Locust Creek and associated wetland in Lower Frankford Township,
Cumberland County.
 On or before March 15, 2018 and continuing until a date to be determined, the
Department received notice from Sunoco that an inadvertent return of approximately
200 gallons of drilling fluids within a wetland in Frankstown Township, Blair County.
 On or before March 15, 2018 and continuing until a date to be determined, the
Department received notice from Sunoco of an IR of drilling fluids in Snitz Creek located
in West Cornwall Township, Lebanon County.
 On or before March 19, 2018 and continuing until a date to be determined, the
Department received notice from Sunoco that a drill pit in Frankstown Township, Blair
County was overflowing, resulting in the discharge of drilling fluids into the adjacent
Frankstown Branch Juniata River. The discharge was visible for 1.5 miles downstream.
Sunoco reported that groundwater was being released into the pit at a rate of 500 gallons
Delaware Riverkeeper Network re
Mariner East Docket No. D-2015-018-1
Page 9 of 11

 a minute.
 On or before March 26, 2018 and continuing until a date to be determined, the Department
received notice from Sunoco of an IR of less than one gallon of drilling fluids within a
wetlands located in Shirley Township, Huntingdon County.
 On or before March 29, 2018 and continuing until a date to be determined, the
Department received notice from Sunoco of an IR of less than one gallon of drilling fluids
within a wetlands in Toboyne Township, Perry County.
 On or before April 10, 2018 and continuing until a date to be determined, the Department
received notice from Sunoco of an IR of approximately 500 gallons of drilling fluids within a
wetlands located in Blair Township, Blair County.
 On or before April 20, 2018 and continuing until a date to be determined, the Department
received notice from Sunoco of an IR of approximately 20 gallons of drilling fluids into Snitz
Creek located in West Cornwall Township, Lebanon County.
 On or before May 15, 2018 and continuing until a date to be determined, the Department
received notice of an IR of an unknown quantity of drilling fluids into an unnamed
tributary of Hinckston Run located in Jackson Township, Cambria County.
 On or before June 1, 2018 and continuing until a date to be determined, the Department
received notice of an IR of a small quantity of drilling fluids into Snitz Creek located in
West Cornwall Township, Lebanon County.
It is likely that additional unlawful discharges and violations of DRBC Docket No. D-2015018-1 have occurred and the DRBC should include confirming the full extent of violations in
the thorough review we have requested. It also seems obvious from the record, including the
remarks of Judge Barnes in her evaluation of the project, that violations of the docket will
continue to occur if construction of the Project is allowed to continue.
It is urgent that the DRBC suspend approval of the Mariner East project, undertake serious
evaluation of the actions that are allowing these violations to continue, and mandate
Delaware Riverkeeper Network re
Mariner East Docket No. D-2015-018-1
Page 10 of 11

 significant mitigation and restoration activities before any decision is made by the DRBC
regarding allowing future work on this project. Water resources, environments and
communities are being severely impacted. DRBC must exercise its lawful jurisdiction and
exercise its authority as requested by the Delaware Riverkeeper Network to suspend DRBC
Docket No. D-2015-018-1.
Respectfully,

Maya K. van Rossum

the Delaware Riverkeeper

Delaware Riverkeeper Network re
Mariner East Docket No. D-2015-018-1
Page 11 of 11