Thursday, June 1, 2017

Jay Land files petition to require West Penn Township residents to post bond in order for appeal of water extraction permit to proceed

In January 2015, landowner David Knoedler under the business name Ringgold Acquisition Group II LLC obtained a zoning permit to extract water on his land for agricultural use.  Sometime thereafter, water tankers known to be operating for local water pimp Jay Land were seen leaing the site.  At West Penn BOS meetings, Land stated that the water was being taken off site to "water fields we own".  Dubious landowners (who first found out a permit had been issued only months later) determined the full exent of this line of bull shit in October 2016 his trucks began run 24 hours a day, and neighbor's tap water began running brown.

In February 2017, residents filed a request (complaint) that the zoning officer revoke Ringgold's permit, because #1) it was issued in error and #2) the terms of the permit had not been met.  This was reported on this site here.

The Zoning Officer failed to act on the complaint, and in response residents filed a formal appeal for an interpretation by the Zoning Heard Board, on April 27, 2017.  This appeal is tentatively scheduled to be heard Monday June 12, 2017.  The application's attachments are identical to and include the complaint filed in February.  Here is the 4-page application.

Late last week, Jay Land as owner/operator of the water extraction operation being run on the Knoedler property, filed a petition in county court to require the residents that filed this zoning appeal to file a bond.   The posting if such a bond is specifically provided for in the Municipalities Planning Code, to prevent those who have received approval to not be subjected to frivolous complaints:

The onus is on the petitioner (Land) to prove the appeal is frivolous.  Interestingly, Land argues in the petition (below see items 11 and 16) that he has been shipping "spring water" since construction began - Land has no DEP permit to ship spring water.  A permit is required if a water seller sells to a bottling company owned by someone else.  Land is not treating the water, or testing it.  Both are required.  At the West Penn December 2015 Board of Supervisors meeting, Land said he ships water from Fort Franklin for use on farm fields:

No offense, but that sounds like a crock of shit Land unloaded at the December 8, 2015 BOS meeting.
Here is Land's petition:

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