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Solicitor: No water extraction moratorium

No moratorium should be placed on water extraction in West Penn Township, based on the legal advice of its solicitor.

That was the opinion expressed by recently appointed board solicitor Holly Heintzelman at the township's board of supervisors meeting on Monday."No, you can't impose a moratorium," Heintzelman said. "I wouldn't recommend that you do that."Heintzelman's remarks were in response to a motion made at last month's reorganization meeting by recently elected Supervisor Anthony Prudenti.Prudenti, who last month attended his first meeting as a board supervisor, made a motion to place a moratorium on water extraction in the township until he could have a chance to gather more information.Board Chairman James Dean asked Heintzelman at that time if that would be possible.Heintzelman, who was also attending her first meeting as board solicitor, said her predecessor had left her a letter indicating that a moratorium would not be legal.That came after supervisors in December passed a long-awaited ordinance regulating water extraction.The board passed the ordinancebecause of a recent project proposed by MC Resource Development Co. That ordinance was drafted by the township's previous solicitor.Dean said he had some second thoughts about allowing water extraction in the township's conservation zoning district.The township is obligated under state law to provide some place for all potential uses, including water extraction.Dean previously said he now thinks it would be more appropriate in the mining zoning district because of the large number of trucks expected to come to and from the site.Vice Chairman Ted Bogash previously suggested they change the permitted area to properties located near state routes so the trucks would have minimal impact on township roads.No residents spoke about the water extraction regulations at Monday's meeting.