Water extraction report several months away

It could take several months until West Penn Township’s draft water extraction ordinance is released to the public.

Resident Ted Rosen asked for an update on Task No. 2 at last week’s board of supervisors meeting.

Rosen asked when the public will be able to see the options from the water extraction attorney, Curtin & Heefner LLP, on Task No. 2.

Board solicitor Paul J. Datte told Rosen he wasn’t comfortable discussing the matter right now, stating that “it’s potential litigation.”

Supervisor Tim Houser said he realizes “a lot of people are frustrated with the amount of time this is taking.”

“I think we’re getting close,” Houser said. “Probably within the next three to four months, something is probably going to happen.”

Houser added, “it’s complicated.”

Resident Dave Lapinsky said there are many citizens who support Task No. 2.

“This only underscores the importance of the water extraction ordinance being revised,” Lapinsky said.

Lapinsky noted that the township’s Water Resource and Planning Steering Committee and planning commission will meet Dec. 18 to have an open discussion on the matter.

Houser said, “I would like to see this move forward.”

Lapinsky complimented township secretary Katie Orlick for getting the ordinance on the township’s website.

Earlier this month, it was stated that the township’s draft water extraction ordinance report could be finalized within several weeks.

Board Chairman Tony Prudenti said at that time the township was still discussing the report.

At that time, Datte said the report “is not going to be released to the public until we analyze it.”

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 received the most recent report from the water extraction attorney last 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 earlier this month 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.”