Debate over whether a land development plan should be submitted for water extraction operations in West Penn Township dominated this week's board of supervisors meeting.

Township solicitor Holly Heintzelman said that Jay Land, president and owner of Ringgold Acquisition Group II LLC, responded to the board's request for a sketch plan.Last month, on a 2-1 vote, supervisors agreed to have Heintzelman draft a letter requesting a sketch plan to determine if Land is in compliance with the township's ordinance.Bill Anders, township zoning officer, said that the Department of Environmental Protection was preparing a written response to the township's request of action about operations at Fort Franklin Road and Blue Mountain Drive.Anders said this week that DEP has sent a letter to the water extraction operator requesting information about the process, to make sure operations are in compliance.Christine Verdier, chief of staff for state Sen. David Argall, attended Monday's meeting.Verdier said DEP is tracking a record of complaints or concerns they may have concerning water extraction through the Wilkes-Barre office.She then urged residents with complaints or concerns to contact DEP at 570-826-2511.Supervisor Tony Prudenti said that at this point, the Fort Franklin site is not permitted by DEP.Drought conditionsUnder public comment, resident Steve Kovaleski questioned why they were able to extract water under drought conditions.Verdier said there are several levels of drought.Land, who was in attendance, entered into a lengthy discussion with Prudenti.Land said that he sued DEP two years ago. The suit, which is still ongoing, is a permanent injunction issued against the department, requiring them to honor a permit that was issued about 15 years ago to MC Resource Development.Prudenti asked Land why he didn't put in for a permit.Land said he cannot get a permit unless you are going to be a public water supply. DEP's definition requires so many connections or to serve a designated number of people per year, and that according to the department, he does not meet that definition.Prudenti then asked Land why he would not submit a land development plan.Land said a land development plan is not necessary under the township's zoning ordinance."Why can't you just be a good neighbor and do it in good faith?" Prudenti asked.Prudenti then asked Land to "show me a little good faith.""Show me a land development plan," he said. "A sketch plan isn't enforceable. A land development plan is."Land told Prudenti that if he were to look through the township's files, he would find permits issued by the township for Fort Franklin, all within the past two years.Prudenti then asked Land if he was permitted, licensed, with DEP."They do not issue permits," Land said. "No, I am not."Prudenti told Land, "We're supposed to be dealing in good faith."Land said there is a report filed to DEP every year of how much water is extracted.Prudenti said he would still like to see Land submit a land development plan."I think you should grow your business, but I would like to see you do it just like everybody else."BackgroundLast month, more than 50 people attended a board meeting held at the West Penn Fire Company, pleading with the board to shut down water extraction because they believe the wells are breaking a township ordinance.At that meeting, Anders said they were notified on Oct. 13 that water hauling was starting to become more of an activity, and vehicles were being hauled to another site.On Oct. 30, they were notified by supervisors that one of the residents had mud-laden water, he said.Anders said at that time DEP, the Delaware River Basin Commission, the Department of Agriculture, and Argall were all contacted, and all of those entities were looking into the matter to make sure proper permits are in place.In June, supervisors on a 2-1 vote accepted a $6,000 donation from MC Resource Development, the existing water extraction operation in neighboring East Brunswick Township.Land said the check and donation was from MC Resource Development, and not himself, and that it is the result of a promise made to the township roadmaster in 2015. He said that MC Resource Development made a similar donation at that time.Land said the donation is made to the general road fund, and should be used at the discretion of the roadmaster as directed by the board of supervisors. However, there is no requirement that it be used on Kepners Road.On Jan. 13, a group of residents filed a lawsuit in the Court of Common Pleas in Philadelphia County against businesses and people associated with water extraction operations in the township. At the center of the lawsuit is the water extraction site at the intersection of Kepners Road and Blue Mountain Drive, and a newer water extraction site being erected at 1 Fort Franklin Road.