HENRICO COUNTY, Va. — A longtime septic system operator in Westmoreland County appeared before state regulators Monday as his professional license hangs in the balance following criminal charges related to alleged sewage dumping.
Douglas Berry arrived 30 minutes late to his informal fact-finding conference with the Department of Professional and Occupational Regulation (DPOR). Once he arrived, DPOR’s Director of Adjudication, Free Williams, told CBS 6 Berry refused to participate in the conference until CBS 6 moved our camera to a different location in the room, which we did.
Berry faces five criminal charges related to an incident in October 2024, when investigators allege he dumped raw or partially treated sewage onto a neighbor's property in the Northern Neck and then set fire to the area.
"Second dump in less than 3 or 4 hours,” said Charles Lomax, who lives nearby, in a cell phone recording he captured of the alleged waste on his neighbor, Sam McGill’s property.
As CBS 6 exclusively reported in September, the Virginia Department of Health determined at least 20,000 gallons of sewage were unaccounted for from Berry's operation over a six-month period.
"I'll just be graphic — it was tampons, toilet paper, it was super, super smelly,” said Sam’s wife, Ashley McGill.
Watch: Septic company owner charged after Virginia couple says neighbor dumped raw sewage on dream property
State records show Berry told officials on October 22, 2024, he had discharged "probably three or so pump truck loads or about 6,000 gallons of sewage onto the ground."
The situation escalated when the very next day VDH received a complaint that Berry "had set fire to the area where the state representatives had previously observed the sewage."
"I'm on my property, there is nobody here, you see this, you've got a big fire over there and there is nobody here,” said Sam McGill in cell phone video he captured of the alleged fire.
On top of the criminal charges, VDH revoked the sewage handling permit held by Berry's business, Berry's Septic Pumping. Now Berry faces two potential violations of DPOR regulations or laws.
The first relates to the VDH permit revocation. The second alleges Berry failed to inform DPOR in writing within 30 days of the disciplinary action.
At the informal fact-finding conference, Berry did not speak.
"Mr. Berry, on advice of counsel, is not going to make any statements today," said his attorney, George Townsend.
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Townsend made his case to DPOR. He highlighted Berry's efforts to clean up the neighbor's property.
"The photos we submitted are 14 photos showing the extent of the clean up on the property that was taken by Mr. Berry on a voluntary basis," Townsend said.
Townsend claimed some of the allegations against his client are false.
"There are some things alleged in the record that are simply not true, for example, things like destroying evidence by burning — all those things aren't true and Mr. Berry is able to show he has been compliant with DEQ's process," Townsend said.
He said his client has a wonderful reputation in the community.
"If you look at the letters in the file we submitted, he's really a person who has had an impeccable reputation," Townsend said.
Williams attempted to clarify Berry's involvement in the alleged sewage dumping but could not get an answer.
"Is it Mr. Berry's position that he did not dump the sewage from his trucks on the property?" Williams asked.
"Mr. Berry contends that he did not dump — well, I can't say anything beyond what is in the file," Townsend responded.
Ashley and Sam McGill, the neighbors most impacted by the dumping, had the opportunity to speak at the conference as well.
"He's already admitted and confirmed to VDH he did in fact dump it, it's right here," Ashley McGill said.
"I was there for that fire, and it was sewage burning," Sam McGill said.
Berry's attorney described him as "a long time business person in Westmoreland County" who "has been involved in septic disposal for almost 30 years, never had any history of any sort of problem, no infractions, nothing."
The full board will meet on April 23. They will take into account the recommendation made by Erica Duncan, the one board member who was in attendance a the informal fact finding conference.
She will recommend to the full board if Berry committed any violations, and what, if any, disciplinary action she believes the board should take.
They could take a variety of actions including no action, pulling Berry's license, putting him on probation, or issuing a fine.
This is a developing story. Email the CBS 6 Newsroom if you have additional information to share.
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