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Residents speak out on water extraction

During a township meeting Tuesday, West Penn residents offered plenty of input on conditions they want included in a water extraction ordinance.

Water extraction has been the hot topic in the township for many months. Jay Land, who developed a water extraction business in neighboring East Brunswick Township, wants to start another in West Penn. The two enterprises are at opposite ends of Blue Mountain Road, and water trucks do and would use township roads to haul the product.Last month, supervisors approved an engineering study of Kepner's, Blue Mountain, Dorset and Retreat roads. The study included taking test cores to determine the condition of the roads, and also a traffic study to study use and vehicle speeds.Township engineering Jeff DeAngelo, of Alfred Benesch & Co., said that both tasks have been completed. Next, the data will be analyzed so that the township can make a decision on posting roads, or specifying a weight limit for roads. Heavy trucks can still use the roads, but the companies must post a bond, or monies, which would be used for road maintenance.Under public comment, residents gave their input on what should be included in a water extraction ordinance. A draft ordinance presented by township solicitor Gretchen Stearns mirrors the ordinance adopted by the Eastern Schuylkill Regional Planning commission. After Supervisor Jim Dean read the draft ordinance, residents began to suggest additions.Resident Allison McArdle said that although the Department of Environmental Protection and the Delaware River Basin Commission oversee water extraction, the township could also be involved."It's a community resource; how many of these are we going to allow in the township?" McArdle asked. "I think we should be more stringent who takes responsibility if our wells go dry or are contaminated?"Land, who has attended numerous township meetings, said that he took pride in the way he runs the operations."We go 10 times further than DEP, and I'm proud of what we do," Land said. "I've been in this business for 30 years."In response to questions about water extraction well testing, which involves a "draw down" or continuous withdrawal over a specified period, Land said that he relies heavily on engineers and hydrologists to make sure that operations don't affect neighbors."I don't want your wells," Land said. "I don't want your septic systems."Tony Prudenti, who chairs the township's Zoning Hearing Board, said he'd reviewed the draft ordinance and returned it to the supervisors, along with his comments. Prudenti is running unopposed for township supervisor. He said he was disappointed that his comments had not been included in the draft."I think it's unfair that none of my remarks were looked at; I had looked at the 200-foot setback (that a well would have to be from a neighboring occupied structure) and thought, why can't it be 1,000 feet, or 2,000 feet, to protect neighbors," Prudenti said. "The cost for road studies should be on the applicant, and there should be a one cent per gallon fee, to be used for incidental costs associated with water extraction."Prudenti also said that although Land was good at talking to residents and officials, he wasn't entirely forthcoming."Mr. Land talks a great talk, he says that if something goes wrong, he'll fix it," Prudenti said. "What he doesn't say is that DEP has a lawsuit against him."Land protested, interrupting Prudenti by saying, "I object!" Prudenti suggested that the draft ordinance contain a provision that as part of the township's review of a water extraction business, the township should hire its own hydrologist, at the expense of the applicant.Stearns said that the township could include that as part of its review fees.Joe Courtney, president of the Retreat Village Homeowners Association (33 homes), said that he and those residents are concerned about potential truck traffic on Retreat Road. Courtney said the village has water lines which run under Retreat Road. He suggested that instead of posting roads and requiring a bond, the township should just prohibit heavy truck traffic on roads that aren't suitable.Police Chief Brian Johnson said that couldn't be done. The township has to allow access, he said. But, he added that fines for running overweight trucks are "very high." Johnson, who is certified in weights and measures, said the township has access to portable scales.Stearns said the draft ordinance had already been sent to the Schuylkill County Planning Commission for review. Once the county board returns the ordinance with its comments, she'll add the other suggested comments. Stearns estimated that a revised draft of the water extraction ordinance would be available for the next meeting, which will be held at 7 p.m. Sept. 15.