Daily fines for a "use not permitted in the zone" began nearly one month ago, and State Police continue to issue $2,000 tickets every day Delaware River Tubing is in operation, totaling near $60,000.
Delaware River Tubing, Inc. representatives will be in Flemington Municipal Court on Sept. 28 for a hearing on a case in which the company is accused of operating a recreational facility in Alexandria Township in an area where that is not allowed.
The company rented property in Alexandria and began operations in early August. Starting Aug. 7, it began getting cited daily for conducting a "use not permitted in the zone," each citation totaling $2,000.
A hearing on the citations was scheduled for Sept. 2 in the Joint Court of the Delaware Valley in Frenchtown, but Judge Joseph Novak recused himself because a former client is a member of the corporation that owns the property.
Delaware River Tubing had operated in Kingwood Township in 2014, but moved to a new location on Frenchtown Road in Alexandria after its parking plan and application for a zoning variance were denied.
YOUR COMMENTS: Delaware River Tubing operating without permits
There is also an investigation by the state Department of Environmental Protection over a decision by Delaware River Tubing to park cars on a closed landfill. The site was rented by the company to serve as part of its parking area. There were concerns in 2010 that there was an orange-colored substance coming from the Pastore Sanitary Landfill.
DEP spokesman Larry Hajna said the substance was most likely the result of iron oxide deposits, formed when bacteria feeds on iron in water. It was tested at that time, Hajna said, and contained iron and manganese, as well as some naturally occurring arsenic and alcohol.
MORE: Landfill not hazardous, but unsuited for tubing parking
Tests at the time proved negative for pesticides, volatile organic chemicals and Polychlorinated Biphenyls.
The DEP has told the company that it cannot park cars on a landfill at the Alexandria Township location, stating that while the contents of the landfill are not hazardous, traffic could disturb the dirt capping the landfill.
The DEP wants to see the site properly closed, but that can be costly for the owner of the property, who is responsible for managing it. "I'm not sure what the course of action is at this time," Hajna said.
As for whether or not cars could ever be parked at the site, Hajna said: "It's part of a process and we have to figure out if it can be done safely."
Emily Cummins may be reached at ecummins@njadvancemedia.com Follow her on Twitter @EmilyACummins and Facebook.