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W. Penn discusses water extraction

West Penn Township’s water extraction will be drafted and then sent to the water extraction attorney for review.

Resident Ted Rosen asked supervisors Monday morning if there was an update on the water extraction matter.

Board solicitor Paul J. Datte said that he and township engineer Bill Anders will do the draft for review by the water extraction attorney.

“We’ll do the drafting and then provide that to them for their review and comment,” Datte said. “I think that’s a good way to handle it.”

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.

From July to present, Wittig said the township has paid $8,882 to the water extraction attorney.

Board Chairman Tony Prudenti asked whether Datte and Anders could write the ordinance instead of the attorney.

Datte told Prudenti that he believed they could, but that it was the board’s call.

Last month, 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.