WESTMORELAND COUNTY, Va. — A Westmoreland County man faces multiple charges after allegedly dumping raw sewage on his neighbor's property and later setting fire to the contaminated area.
Douglas Lee Berry, owner of Berry's Septic Pumping, has been charged with two felonies and three misdemeanors following an investigation that began last October when a neighbor captured video evidence of what appeared to be sewage flowing through a property.
"At the top of the hill, you seen like a river of sewage just flowing," Charles Lomax, who recorded the video on his cell phone, recalled.
Lomax immediately contacted the affected property owners, Sam and Ashley McGill, and shared the footage with them.
"I'll just be graphic, it was tampons, toilet paper, super smelly and it was just everywhere," Ashley McGill said. "It went all through the woods, in the creek bed."
"Why would somebody do that? Why would you do that?" she added.
The video prompted investigations by both the Department of Environmental Quality and the Virginia Department of Health, which observed evidence of raw or partially treated sewage discharge during a joint visit to the property.
According to state records, Berry admitted to officials on Oct. 22, 2024, that he had discharged "probably three or so pump truck loads or about 6,000 gallons of sewage onto the ground."
The situation escalated when, just one day later, the health department received a complaint that Berry "had set fire to the area where the state representatives had previously observed the sewage."
"The sewage was one thing, and it's gross, but the bigger part for me was when they set fire because we were here when that happened," McGill said.
The Virginia Department of Health ultimately determined at least 20,000 gallons of sewage were "unaccounted for" from Berry's operation over a six-month period.
Berry now faces two felony charges — commercial fraud against the government and maliciously setting fire to wood/grass — along with three misdemeanors: two counts of violating health board regulations and one treatment system violation.
When contacted about the charges, Berry's attorney, George Townsend, had "no comment."
If found guilty, Berry could face up to 12 years in jail plus fines, civil penalties, and restitution for cleanup costs, according to CBS6 legal analyst Todd Stone.
His next court appearance is scheduled for Dec. 6.
"We all just want to see the right thing done and have them held accountable," Lomax said.
"I think the most important thing is that we get justice," McGill said.
Watch Melissa Hipolit's reporting on CBS 6 News and WTVR.com. Have something for Melissa to investigate? Email her.
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