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W. Penn super wants to change water ordinance

West Penn Supervisor Tony Prudenti believes the time has come to update the municipality's water extraction ordinance.

"Water extraction has created turmoil for our township," Prudenti said during what proved to be yet another contentious board of supervisors meeting Monday night."This has been going on for two years now, and I've looked at it every which way I could," he said.Prudenti plans to meet with the state Department of Environmental Protection this week to talk about the Fort Franklin site.In the meantime, Prudenti said he believes the township has to look at protecting residents' wells, eliminating truck traffic, and saving roads."I think it's time. We've got to get the trucks off our township roads," he said. "We've got to protect our water."Prudenti said he had two proposals: A 1-mile radius from the wellhead, and lease them the township's road right of way out to a state road, along with charging them a $10,000 lease fee."I don't know legally if we can do this or not," he said. "I'd like to write a letter to Niagara letting them know that the Fort Franklin site is not a permitted site by DEP."But, solicitor Holly Heintzelman told Prudenti DEP doesn't require them being permitted, and that if he'd like to bankrupt the township, that's the way to do it.Jay Land, president and owner of Ringgold Acquisition Group II LLC, addressed the board.Land told the board he would be more than willing to sit down to address the three main issues.However, Prudenti said, "I'm not quite ready to make a deal with the devil yet.""I'm here because of three issues," Land said. "But if we don't take a leadership role, we're not getting anywhere."Land reiterated to the board that he's willing to work with them, but that he doesn't want to see bonded roads."I don't like your definition of water extraction," he said. "I accept that the community doesn't like what I do (with the water)."Resident Elaine Lapinsky told the board she's against the heavy trucks using township roads, along with taking their water."What are you guys going to be doing to protect us," Lapinsky asked. "Is there something you're going to do to stop this?"In November, more than 50 people attended a board meeting held at the West Penn Fire Company, pleading with the board to shut down water extraction because they believe the wells are breaking a township ordinance.In June, supervisors on a 2-1 vote accepted a $6,000 donation from MC Resource Development, the existing water extraction operation in neighboring East Brunswick Township. Land said the check and donation was from MC Resource Development, and not himself, and that it is the result of a promise made to the township roadmaster in 2015. He said that MC Resource Development made a similar donation at that time.Land said the donation is made to the general road fund, and should be used at the discretion of the roadmaster as directed by the board of supervisors. However, there is no requirement that it be used on Kepners Road.Land filed a suit against DEP two years ago. The suit, which is still ongoing, is a permanent injunction issued against the department, requiring them to honor a permit that was issued about 15 years ago to MC Resource Development.