West Penn Township voted 2-1 Tuesday night to adopt an ordinance regulating water extraction, which has been a source of controversy for months in the borough.

Ted Bogosh voted no, saying he opposes limiting water extraction to sites only in areas zoned agricultural and conservation.However, it was revealed at the meeting that one permit has already been issued.Jim Land, who owns a site called One Fort Franklin off Route 309 near Blue Mountain Drive, received a permit from the township's zoning officer and is extracting water for agricultural purposes. He has two wells on his property being used for extraction.At previous meetings, the supervisors insisted no extraction was occurring in the municipality.When residents pressed the supervisors about water harvesting, Chairman James E. Akins admitted that Land already has a permit and will be grandfathered from provisions in the ordinance. He still must abide by Pennsylvania Department of Environmental Regulation regulations."Do we have someone who has a permit for extraction or don't we," one resident asked.Akins responded, "There is a permit."The chairman apologized for the misunderstanding, saying he thought the residents were referring to a DEP permit, not a township permit.Land said none of the water harvested is sold for commercial consumption. He said all of it is taken to farms in West Penn, Lynn and New Brunswick townships.About 50 township residents were in attendance, including Land.The ordinanceA provision in the ordinance states all equipment used in extraction must be kept 500 feet from a property line.Reports on the harvested water that is sent to the DEP must also be sent to the township.The DEP will monitor any extraction. High volume extraction must also be approved by the Delaware River Basin Commission.Resident Joseph Courtney questioned the permit for One Fort Franklin and asked whether Land has to follow the newly adopted ordinance.Attorney Gretchen Cole Sterns, solicitor, said the township "can only adopt a zoning ordinance that looks forward and not looks back."Akins said the new ordinance was adopted because of traffic concerns and a concern by residents that their wells might run dry.Harvesting is allowed on 100-acre sites and larger.Bill Anders, township zoning officer, said he issued the permit to Land on Dec. 23, 2014, but told Land he must submit a land development plan. He said no land development plan has been received.He said extraction is permitted in agriculture areas "because water is considered food so it is considered an agricultural use."One resident asked if the permit to Land can be appealed. A zoning hearing can be requested but the fee is $1,000.Allison McArdle, a township resident, interjected, "I'll give you $100. We'll start a kitty."Land said wells have existed on his property "for many years and not for this purpose."He said there are two productive wells, one with water being reached about one foot below the surface and the other with a water level of about 20 feet."We haul water off that property," Land said. "That's the end of the conversation."That water source has been a water extraction for 30 years," Land said. "Nothing has changed."Coles Stern said a permit would be needed from DEP for anyone to harvest water for commercial use, such as a water bottling company. Land does not have that permit.The supervisors also adopted an amendment to the land development ordinance stating that any commercial development would require a traffic study. This includes mine extracting, hospitals, mobile home parks, paper mills, trucking companies and commercial slaughter houses.