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West Penn aims to finalize water ordinance

West Penn Township’s water extraction ordinance could be finalized within the next few months.

Resident Larry Stival informed supervisors recently that the township was coming up on the two-year anniversary of the water extraction ordinance update.

“I think we ought to get an update,” Stival said. “Here we are almost two years later.”

Board Chairman Tony Prudenti said that the township is tying it into its updated zoning.

Township solicitor Paul J. Datte said the matter should be cleared up within the next few months.

“I think you’re talking the first quarter of 2020 for final adoption,” Datte said. “I would think by the end of this year the draft will be final.”

Last year, the board hired Curtin & Heefner LLP Attorneys at Law 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 agreed to pay the law firm $225 per hour, not to exceed $5,000 without approval.

After the March 4 meeting, township treasurer Karen Wittig said the township has since exceeded that amount.

In February, supervisors agreed to table the water extraction zoning ordinance until after Datte suggested that the board table the recommendations for clarification with the water extraction attorney.

The West Penn Township Water Resource & Planning Steering Committee and planning commission recommended authorizing attorney Jordan Yeager’s firm and hydrogeologist Phil Getty to make revisions to the draft water extraction ordinance.

The committee recommended incorporating any use that results in more than 1,000 gallons per day on any particular property with considerations for multiple wells or developments on a particular property and sensitivity to the farm community.

They should also consider truck traffic and use, and costs and fees to the township.

Datte said the township will consider regulations to deal with extraction of water from wells between what would likely be 1,000 gallons per day up to 100,000 gallons per day.

He said 100,000 gallons per day is the volume that’s regulated by the Delaware River Basin Commission, and will likely establish performance criteria in the zoning ordinance to address those issues.

Datte also said the township will look at truck traffic associated not only with water extraction, but with other larger-scale operations, to attempt to address those issues.