W. Penn sends water ordinance to attorney

West Penn Township has taken the next step in its quest to modernize its water extraction ordinance.

The township’s board of supervisors voted 2-1 Monday to send its revised draft water extraction ordinance or legal review.

Supervisor Ted Bogosh was opposed to the move.

Board Chairman Tony Prudenti suggested the board send the revised draft water extraction ordinance to the attorney for review.

However, Bogosh said he saw things differently.

“I think there’s some things in there that are going to be illegal for us to do,” Bogosh said.

Supervisor Tim Houser told Bogosh that the board’s action was merely an extension to get legal advice from an attorney.

Houser admitted that while it will cost the township money, he believes it’s the best route for the township to take.

Truckers denied

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

“I voted against having it in conservation districts, but it was passed,” he said. “A high-price lawyer isn’t necessary to know these answers.”

Last month, the board 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 assisting 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.

The ordinance

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, 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.