JAMES CITY – The controversial Community Bill of Rights ordinance adopted by Highland Township 3 1/2 years ago may be history next month, as the township supervisors officially advertised to rescind the ordinance on Friday.
Highland Township adopted the ordinance in January 2013 in an attempt to protect the source of their water, also known as the Crystal Springs Ecosystem. However, the township is currently in a federal lawsuit with Seneca Resources of Houston over a wastewater injection well the drilling company wants to place within a half mile of the township’s water source.
The advertisement for Ordinance 1-16 of 2016 states it will repeal and rescind Ordinance No. 1-9 of 2013, which is known as the Highland Township’s Community Rights and Protection from Injection Wells Ordinance adopted on Jan. 9, 2013 as well as the amendment thereof which was adopted on March 24, 2015.
Both ordinances would be repealed and rescinded in their entirety.
Supervisor chairman Mike Detsch said the supervisors decided to repeal the ordinance because it is “illegal.” Detsch said the ordinance is in direct violation of state and federal laws, and if he were to support keeping it in place, he would be “breaking the oath of office.”
The township’s Home Rule government study commission took the same oath of office, Detsch pointed out.
“That’s your job,” Detsch said, “to uphold the Constitutions and laws.”
Detsch said it is “time to move the township forward,” and noted if Seneca wins their case against the township, Highland would likely wind up bankrupt.
“We can’t put every township taxpayer at risk to fight for James City,” Detsch said.
Marsha Buhl of Citizens Advocating for Clean Healthy Environment (CACHE) does not think it is just about James City. Buhl said this decision will affect all of Highland and Jones Township, and even perhaps the Tionesta River.
Buhl said reports of ruined water, drought and earthquakes linked to unconventional well drilling are all over the news, and she believes little good comes out of fracking for many communities.
“I can’t even comprehend anyone with intelligence would think this is a good thing,” Buhl said.
Buhl also said saving taxpayers money in the short term will do little good if tainted water destroys the township property value. She understands why the supervisors are concerned about the lawsuit with Seneca. However, Buhl said if the water goes bad, then plants, animals and ultimately people in Highland Township will be the ones who suffer.
“If people are dying of cancer (due to tainted water),” Buhl said, “the township is dead. They’re not looking at the big picture.”
Detsch does not like the idea of having the injection well himself, but he said without a legal way to prohibit the well going in, he must uphold the laws already in place. Buhl still does not think the people are being heard.
Home Rule government study commission chairman John Guras stated he does not believe the rescinding of the ordinance will change the way the commission would write the Charter, should it be written. Guras said had the township already had a Home Rule Charter in place, the citizens would have had their voice heard as to whether or not they wanted the ordinance to be repealed.
However, Highland Township may not have seen the last of the Community Bill of Rights ordinance. Guras indicated the ordinance would likely be written into the Charter, as the Pennsylvania Second Class Township Code currently has nothing that resembles a Bill of Rights, and if anything, favors corporations over people.
Rob Boulware, manager of stakeholder relations for Seneca Resources, said his company is aware of the developments. Boulware said his company is “obviously very interested in the outcome,” and is “looking forward to hearing the final decision.”
