ZERBE TOWNSHIP - The confusion over the legality of ATV riding on Coal Hill outside of Trevorton persists as both sides continue to debate.
ATV riders claim they are allowed to scale the high mounds of the hill, while Zerbe Township officials say that the hill is off limits.
Both sides claim the answer came from the same source - the owners of the property, Reading Anthracite Company (RAC) of Pottsville, but they won't clarify.
Daniel J. Morton Sr., an ATV rider from Mechanicsburg, said that while there is a section east of Sunshine Road closed to riders, the rest of the land is not.
"It is my understanding that Reading Anthracite agreed, after some pressure, to close down the area east of Sunshine Road between the town and the road, to reduce the dust cloud," Morton wrote in an e-mail to The News-Item. "This never did, and never was to, include the "piles" west of Sunshine Road."
The restriction was brought about, according to Zerbe Township Supervisors, by a verbal agreement between the company and the state Department of Environmental Protection, but DEP spokesman Dan Spadoni said that the agreement doesn't exist.
"There is no 'verbal agreement' between DEP's Air Quality Program and Zerbe Township regarding dust complaints, nor have we spoken to the township. Also, we have received no dust complaints this year," Spadoni said.
What is in place is a suggestion made by Reading Anthracite and DEP to curtail the dust.,
A suggestion was made between DEP and RAC to either limit or restrict ATV riders from riding on land closest to town where the dust would have impact on the neighboring properties.
For the riders, that's fine, but many have said that Zerbe Township Police Chief Robert John is overstepping his bounds on the matter.
In the past, John has spoken to riders, saying that Coal Hill was off-limits, even for those who have paid $125 to Reading Anthracite for a permit to ride on RAC-owned property.
One rider, Don Graver, contacted Donna Kemfort, who is in charge of real estate and permits at RAC, and asked for clarificationafter speaking with John and being informed that the Coal Hill area was off limits for riding, according to Kemfort and a township supervisor.
Graver then posted an e-mail response he received from Kemfort on a popular ATV riders message board.
"No I did not talk to 'Officer John,'" the response reads. "I have attached a copy of the handout you received with your permit. The last paragraph does restrict the use of one section of the area, due to dust concerns. That area is between the old scale house and the road coming down the hill into Trevorton towards the town. Other than that, if you have a permit, you can ride on Reading Anthracite property."
The News-Item attempted to contact Kemfort to confirm the information in the response, but were told that it is against company policy for employees to speak with the media.
When asked about Kemfort's response, Chief John said his information came from a different source.
"I spoke with director of security for Reading Anthracite, Joe Woziak, who told me that the piles were off limits. They could park there, but not ride there." John said. "The township has been trying to get in contact with Reading Anthracite to clarify the issue, with no response."
Zerbe Township officials have been critical of the company, encouraging local police to enforce no trespassing restrictions for those without permits, but not posting actual signs to give any teeth to the enforcement.
John feels that the company is playing both sides of the fence on the matter, due to the amount of revenue the permits generate. According to his figures, over 1,200 permits are sold each year, at $125 a piece.
"They are playing both sides, but we need an answer on the matter," John said.