West Penn Township resident asks supervisors to issue cease-and-desist order to water extraction operation

A West Penn Township resident has requested township officials issue a cease-and-desist order to a water extraction operation by Sept. 10.

In a letter dated Aug. 31 sent by Allison McArdle to the township’s board of supervisors, McArdle requested that the board issue New Ringgold Acquisition Group II LLC a “timely cease-and-desist order” by that date “in order to protect the health, safety and welfare of West Penn Township residents.”

The letter was acknowledged at Monday’s board of supervisors meeting.

In her letter, McArdle said that on Jan. 13, 2015, several zoning permits were issued to New Ringgold Acquisition Group II, including a building permit for a 10-by-20 utility building; a building permit for a 30-by-40 accessory building; and a land use permit for water harvesting.

McArdle said that in multiple board meetings from 2015 to 2017, it was stated by township zoning officer Bill Anders that to operate the Fort Franklin operation for water extraction (including hauling of water off site), New Ringgold Acquisition Group II would need to obtain further permits from the township, as well as the state Department of Environmental Protection.

McArdle said that on Aug. 28, she received a response to a Right to Know request she had filed for all building and occupancy permits issued on David Knoedler’s property since Jan. 14, 2015.

She said the only permit issued for a building or use since Jan. 14, 2015, is an occupancy permit for the 10-by-20 utility building.

McArdle said in her letter this means that the other two permits — for the loading station and water harvesting use — have expired.

Additionally, she said the loading station was never built, so at no time has the New Ringgold Acquisition Group had a right to load water for removal from the site.

Therefore, McArdle said water harvesting as a use is no longer permitted at the site.

Further, she said the New Ringgold Acquisition Group II operation “is a constant nuisance to my family, my sister and others 24 hours daily; never obtained PA DEP approval, which offers protection to other water users; never submitted a land development application to the zoning officer; never built an accessory building specifically stated to be used as a loading station; let a permit for the accessory building expire on Jan. 13, 2017; converted a nonconforming structure into a loading station in conspicuous and gross violation of the zoning ordinance without permit modification or required zoning relief; is operating its loading station with no building or occupancy permits at all; is a threat to the water supply of neighboring uses; is water extraction; sells its product via large tankers, which create a lethal hazard to motorists on Blue Mountain Drive and Route 309 in a 55 mph zone; lets its zoning permit for water harvesting expire on Jan. 13, 2017; and never obtained a zoning permit or occupancy permit for water extraction.”

Under public comment, Donald Moore, who does not reside in the township, noted that there were previously four permits for water extraction issued.

However, Jay Land, president and owner of Ringgold Acquisition Group II, stated that it’s “subject to current litigation.”

Further, Land said of Moore, “He’s making stuff up as he’s standing there.”

Moore said that the township zoning ordinance requires an occupancy permit, and there’s a building that was never issued an occupancy permit.

Land continued to interject as Moore spoke, which caused board Chairman Tony Prudenti to tell Land, “You’re out of order.”

Moore added that the operation “is creating a very hazardous situation on Route 309.”

Board solicitor Paul J. Datte said the matter has been discussed with Anders, and that he is investigating it.

After the meeting, Prudenti noted that the letter was given to both Datte and Anders.

“We’re looking at this like a complaint,” Prudenti said.