Jul 21, 2015 2 min read

An appeal from attorneys representing MarkWest Liberty Midstream & Resources that challenges conditions tacked on to an approval to build a natural gas compressor station in Cecil Township contends the company never agreed to 26 conditions added by the township zoning board before giving its approval.

Attorneys wrote in the appeal filed Monday in Washington County Court that company representatives discussed nearly all of the conditions for approval, but never agreed to them and were never made aware of two additional conditions limiting how many compressor engines could be on the site, and requiring third-party testing of air quality every year. MarkWest has been trying since November 2010 to build a compressor station near the intersection of Routes 980 and 50.

The latest appeal comes after state Commonwealth Court ruled in favor of MarkWest on April 15, ordering Cecil Township Zoning Hearing Board to approve the project within 45 days. The board voted to approve the compressor station June 15, but added 26 conditions as part of its approval.

Those conditions include requiring MarkWest to test water supplies near the compressor station, provide noise-mitigating infrastructure and to allow a tour of the site “reasonably requested” by any township official or resident.

The legal filing written by attorneys David Overstreet and Christopher Nestor said the conditions are “unenforceable,” preempted by state and federal statutes, and they exceed the legal authority of the board. Both attorneys declined to comment beyond the legal filing.

Cecil Township Zoning Board solicitor Chris Voltz declined to comment, but said the issue will come up at the next board meeting, which is scheduled for Aug. 3.