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Hydrogeologist hired to review West Penn’s water extraction ordinance

West Penn Township has hired a hydrogeologist to review its water extraction ordinance.

On a 2-1 vote Monday, the township’s board of supervisors approved the recommendations from the township’s planning commission to hire a hydrogeologist from Boucher & James Inc. at a cost of $2,984.

The planning commission also recommended sending Boucher & James the draft water extraction ordinance, the memo from the water extraction attorney, and the water extraction ordinance from Hancock, Maine. Township engineer Bill Anders will be in contact with Boucher & James through the process.

Supervisor Ted Bogosh, who was opposed to the measure, said he didn’t think it was wise to pay a hydrogeologist to do what he referred to as an “internet search that my secretary can do.”

Further, Bogosh said that according to the township’s water extraction attorney, the township can’t control the water coming out of the ground, or the water hauling trucks.

Board Chairman Tony Prudenti said that no one’s well has gone dry, yet everyone is affected by the water hauling trucks.

Supervisor Tim Houser said that while he doesn’t like spending the money, the township needs to do what it can so that it would be defendable in court should the situation arise.

“I at least want to have a 50-50 chance in court,” Houser said.

Prudenti added, “There’s some major issues in the township. Water extraction is one of them.”

“I’m telling you this thing is going to come down to a court case.”

Resident David Lapinsky thanked the board for agreeing to hire a hydrogeologist.

Lapinsky said that for years, residents have expressed their concerns about water extraction, and safeguards and reasonable conditions need to be established.

Resident Carl Greve told supervisors the situation could affect everyone who one has a well.

He said the issue needs to be answered scientifically, and shouldn’t be a guessing game.

Prudenti told Greve the township is under budgetary constraints, and that the matter is a long and tedious process.

He said the two major issues are residents’ wells and truck traffic.

“We have a major water problem, we have a major (Act 537) sewage issue,” Prudenti said.

Bogosh said that he isn’t oblivious to the water problem, as it’s been going on for 20 years.

Last month, supervisors agreed to send a water extraction memorandum to the township’s planning commission for review.

Bogosh — who was also 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.

In April, supervisors 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. Bogosh was opposed to the measure.

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.