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West Penn water extraction ordinance to be reviewed further

West Penn Township plans to send a water extraction memorandum to the township’s planning commission for review.

The township’s board of supervisors on Monday recommended that it be put on the commission’s meeting agenda for 7 p.m. June 26.

Supervisors said they, along with the township’s Water Resource & Planning Steering Committee, should plan to attend the meeting.

“There’s a lot of things in here that need to be reviewed,” said board solicitor Paul J. Datte.

Board Chairman Tony Prudenti said he had hoped the matter could be handled in a much swifter manner.

“It’s a back-to-the-drawing-board kind of thing,” Prudenti said.

Datte said the matter needs to go back to the steering committee and planning commission.

The memorandum is very involved, supervisors said.

Last month, supervisors on a 2-1 vote agreed to send its revised draft water extraction ordinance for legal review.

Supervisor Ted Bogosh, who was opposed to that measure, said at that time the proposed water ordinance asked to keep trucking of water off township roads, which may cause loss of liquid fuel funds and legal action.

Bogosh said at that time it also asked to prohibit water extraction in agricultural and conservation districts, the only place it is currently allowed.

In April, supervisors on a 2-1 vote, with Bogosh opposed, agreed to hire Curtin & Heefner LLP Attorneys At Law, which agreed to review the draft water extraction ordinance and assist the township in determining the best options for resolution of water extraction issues.

Under the agreement, the township will pay the law firm $225 per hour, not to exceed $5,000 without approval.

Additionally, the township is responsible for all expenses incurred by the law firm in connection with its representation.

Bogosh said he believed the township could do the water extraction ordinance for free from the attorney general’s office, rather than have to pay for it.

That decision came after supervisors agreed to entertain a proposal from a law firm that would be recommended by the township’s Water Resource & Planning Steering Committee.

The board sought an engagement letter for the attorney to review the proposed ordinance to make sure it’s legal and enforceable, as well as to give advice and make comments and suggestions on it.

Prudenti said the board would recommend hiring a water extraction lawyer to review the ordinance and make sure it falls within all the guidelines.

Resident David Lapinsky said the committee conducted research and helped put together an outline of all the information to take into account to create the ordinance.

The ordinance has been presented to both supervisors and the planning commission for their input on the draft.

Supervisors in September named nine people to the committee at the suggestion of Prudenti, who noted that water extraction has been a major issue, and he wanted to update the township’s ordinance.

In June 2017, Lapinsky asked supervisors to put a moratorium on water extraction in the community because he believes what’s taking place is not water harvesting, but rather, water extraction.

Prudenti said that was his recommendation on his very first day in office, but that a former board solicitor had left former board solicitor Holly Heintzelman a letter indicating that a moratorium would not be legal.

James Land Jr., president and owner of Ringgold Acquisition Group II LLC, said a settlement was reached between M.C. Resource Development Company and the Department of Environmental Protection on property known as Pine Valley, which has been a raw spring water source for bottled water plants.