DEP: Shamokin man was mining without a permit

POTTSVILLE - A Shamokin man has been accused of mining coal without a license or permit by the state Department of Environmental Protection (DEP).

Alfons Keefer, 45, of 713 Bear Valley Ave., attended a hearing Wednesday at the Pottsville office of DEP to discuss the allegations.

DEP spokesman Tom Rathbun said Keefer is accused of mining coal silt (material that results from washing or preparing coal) without a permit or license. He said Keefer was ordered to stop.

Rathbun said DEP will continue to review the case to determine if civil penalties are warranted. He said no charges have been filed at this point against Keefer, who is cooperating with DEP officials.

Attempts to reach Keefer for comment were unsuccessful.

Keefer is the operator of A&G Towing, of Shamokin, who filed a complaint in June with the state Judicial Conduct Board against Magisterial District Judge John Gembic III, a shareholder in Anthracite Towing LLC. Last month, Keefer was cited by Coal Township police for harassment for allegedly yelling obscenities at Michael Garcia, of Shamokin, chief operator of Anthracite Towing. The incident occurred during a towing operation at 12:35 p.m. Saturday, Sept. 12, in the 1000 block of East Race Street.

Police were directed by Northumberland County court officials to file the summary citation at the office of Magisterial District Judge Craig Long in Catawissa to avoid any potential conflict of interest with a judge from Northumberland County being assigned the case.

Keefer's complaint with the state Judicial Conduct Board against Gembic claims the judge has used his influence on the bench to support Anthracite Towing, and that his actions have unfairly left Keefer's towing operation with significantly less business.

The board acknowledged receipt of Keefer's complaint and said it will go through its standard procedures, beginning with a preliminary inquiry. The board does not provide status updates on its investigations.

Any person, group or organization can file a complaint by obtaining a form through the conduct board's office or online, and submitting it with documentation supporting the claim.

Gembic, through his attorney, Edward Kopko of Ithaca, N.Y., denied any wrongdoing, and police records in Shamokin and Coal Township - for cases where the victim of an accident does not have a preference for tow service - show a fairly equal number of calls among A&G, Anthracite and other local tow operators. In fact, in Coal Township, A&G had more calls than any other provider from March (when Anthracite was added to the township's towing list) through Aug. 27, records show.

It is not illegal for a judge to operate a business. Gembic, who owns several used-car dealerships, a service station and state inspection station, has been towing vehicles since 1987. He also helps his wife operate Springfield Banquet Hall in Coal Township, and coordinates a community service program.

Kopko said in August that proceedings of the conduct board are confidential, and that Gembic is "bound by that confidentiality since he is a sitting judge."

He added at the time, "We are confident that when this inquiry is complete, Keefer's allegations will be found baseless."