W. Penn exceeds funds for attorney to review water extraction ordinance

West Penn Township has exceeded the amount of money it agreed to pay the water extraction attorney to review its water extraction ordinance.

Board solicitor Paul J. Datte told township supervisors on Monday that he was back and forth with the water extraction attorney on some issues.

Board Chairman Tony Prudenti said he was under the impression that the water extraction attorney would write the ordinance for the township.

“We’re starting to get a little inundated with bills,” Prudenti said.

Prudenti then asked whether Datte and township engineer Bill Anders could write the ordinance.

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

“Do we have the intellectual capacity to do this, yes,” Datte said.

Supervisor Tim Houser concurred with Prudenti.

“We’re starting to get pretty in debt,” Houser said. “Do you feel comfortable writing this ordinance?”

Datte again responded in the affirmative.

“Yes, I think we could do it,” he said. “I think it comes down to do you want to move off this law firm?”

Datte said he planned to get back to the board on the matter when it meets at 9 a.m. March 18.

In April, the board on a 2-1 vote, with Supervisor Ted 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 agreed to 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.

After the 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.

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

That came after 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.

From that point, the board would give direction to the outside consultants to draft the ordinance.

Datte said the township was reviewing issues related to the existing ordinance and then reviewing water extraction operations that are already permitted.