W. Penn water extraction ordinance report could soon be finalized

West Penn Township’s draft water extraction ordinance report could be finalized within several weeks.

Supervisors on Monday fielded inquiries about the report, as well as an update on water extraction Task No. 2.

Resident Ted Rosen questioned the status of the report from the water extraction attorney, Curtin & Heefner LLP.

Board Chairman Tony Prudenti said the township is still discussing the report.

Board solicitor Paul J. Datte told Rosen the report “is not going to be released to the public until we analyze it.”

“Right now it’s part of the process,” Datte said. “It’s not going to be released to the public right now.”

Rosen said he’s “perplexed” about why the report hasn’t been released to the public.

Prudenti responded, “It’s all about the legal issues.”

Prudenti said the township wants to confirm everything, and meet with the water extraction attorney.

Rosen questioned whether the meeting could be open to the public.

Datte told Rosen the situation is a process, and that the township isn’t trying to withhold any information from the public.

“Nobody is hiding anything,” he said. “We’re taking this report very seriously.”

Datte said once the township feels it’s doing it right, is confident on the issues and the board takes action, that’s when the report will be made public.

He said the township just received the most recent report from the water extraction attorney last month.

Resident Dave Lapinsky said he just wanted to see the matter move forward.

Prudenti instructed township secretary Katie Orlick to contact the township’s planning commission to have an open discussion with the Water Resource & Planning Steering Committee sometime next month.

The township’s plan was to update the existing water extraction ordinance, and look into all water extraction going on in the township right now.

Jay Land, president and owner of Ringgold Acquisition Group II, said the township’s zoning ordinance hasn’t changed in the past 20 years.

Land’s wife, Helene, said she’s concerned about remarks she’s heard that her husband is doing things illegally.

Datte said the township needs to take a look at the permits issued and the operations being conducted on the site.

Prudenti reiterated that the township acts on all complaints it receives.

Datte said the township is looking at the permits and the use of property.

In a letter dated Aug. 31, resident Allison McArdle requested in September that the board issue New Ringgold Acquisition Group II LLC a “timely cease-and-desist order” by Sept. 10 “in order to protect the health, safety and welfare of West Penn Township residents.”

In September, Donald Moore, who does not reside in the township, said there were previously four permits for water extraction issued.

However, Jay Land stated that it’s “subject to current litigation.”

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

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

Datte said the matter has been discussed with township engineer Bill Anders, and that he is investigating it.

After that meeting, Prudenti said the letter was given to both Datte and Anders, and said the township was looking at this “like a complaint.”