WESTMORELAND COUNTY, Va. β Sam and Ashley McGill lead busy lives, but among the tranquil 60 acres of nature they own in Westmoreland County they find relaxation.
"I bought this land and what drawed me to it was the big swamp. I wanted to own parts of that big swamp," Sam McGill said. "I love the geese and the ducks that fly in from that, and of course the turtles in the little creeks around here."
They even looked forward to retiring here.
"We planned on making it our home at some point and build a house here," but now, "it's not looking too good," McGill said.
That's because of a neighbor who state regulators said dumped thousands of gallons of raw sewage onto their property in October 2024.
"They were backing down this hill right here and dumping it right there," Sam McGill said.
That neighbor, Douglas Berry, is the owner of Berry's Septic Pumping.
Neighbors discover contamination
The McGills said they were first alerted to the sewage by another neighbor, Charles Lomax, after he noticed something strange when his kids came out of the woods one day.
"Had them take their shoes off, that's when we smelt it, and we were like, 'OK this is not mud,'" Lomax said.
Several days later, Lomax said one of the septic company's trucks pulled up.
"At the top of the hill you seen like a river of sewage just flowing," Lomax said.
Lomax captured video on his cell phone of what he said is sewage flowing through the McGills' land.
"We don't want to get sick," Lomax said.
He then showed Sam McGill, who notified the local health department, who in turn notified the Virginia Department of Environmental Quality.
"I'll just be graphic, it was tampons, toilet paper, super smelly, and it was just everywhere, it went all through the woods, in the creek bed," Ashley McGill said. "Why would somebody do that? Why would you do that?"
State investigation reveals extent of contamination
During a joint visit, DEQ and the health department observed evidence of the discharge of raw or partially treated sewage.
Representatives from the state then talked to Douglas Berry on Oct. 22, 2024.
State records show Berry told them he had discharged "probably three or so pump truck loads or about 6,000 gallons of sewage onto the ground."
The very next day the health department received a complaint that Berry "had set fire to the area where the state representatives had previously observed the sewage."
The state returned to gather evidence.
"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," Ashley McGill said.
Ultimately the VDH determined at least 20,000 gallons of sewage were "unaccounted for" from Berry's operation over a six-month period.
CBS 6 emailed, called and texted Douglas Berry to try to get his side of the story, but we have not heard back.
State action and cleanup stalemate
VDH revoked the sewage handling permit held by Berry's Septic Pumping on Nov. 22, and the DEQ issued him and his wife a Notice of Violation stating it had reason to believe they may be in violation of the state control law.
DEQ then demanded Berry clean up the mess, and they said the Berrys stated to DEQ enforcement staff that they were willing to perform corrective actions recommended by DEQ.
But nine months after the spill, the sewage remains and the cleanup is at a standstill.
"We stopped it," Sam McGill said.
Shortly after the work began, the McGills refused to allow the contractor hired by Berry access to their property.
They said that is because once work started, a lawyer representing Berry came onto their property without their authorization.
They filed a trespassing charge, but a judge found the lawyer not guilty.
The McGills also said they were worried about their own personal liability after noticing the workers cleaning up the mess were not wearing protective equipment like gloves or eye protection.
The McGills shared pictures with me of the workers that they took.
They also said they haven't been able to confirm with the contractor that they have workers' compensation insurance.
We emailed that contractor ourselves, and we are awaiting a response to our questions.
DEQ sent me an email from that contractor to DEQ that outlines their cleanup plan. In it they said all workers will be required to wear proper safety clothing.
"The person who does the contamination gets to choose who cleans up the contamination. We had no say so in that at all, the only thing we could do once they chose who they wanted and DEQ permitted. We had to grant permission for that contractor to come onto this land," Ashley McGill said.
We asked DEQ if there are any rules related to contractor selection when a cleanup must occur.
We also asked what power DEQ has to ensure the cleanup is done properly and safely.
A spokesperson said DEQ assesses cleanup compliance through documentation review and on-site inspections.
They added that DEQ has jurisdiction to require a responsible party to complete a cleanup, but it does not have jurisdiction to direct a responsible party in selection of a contractor, and it cannot regulate matters of worksite safety.
Ongoing impact on property owners
And so the sewage sits.
"It's just sewage underneath the water there," Sam McGill said.
"It has affected our health, mentally, physically. It has affected at times our marriage because it's all we talk about," Ashley McGill said.
The couple said they just want the mess cleaned up properly.
"I want the Army Corps of Engineers engaged to oversee the cleaning the land," Ashley McGill said.
The McGills and Lomax all said they want Berry to face criminal charges as well, but nine months into this ordeal "we feel like now we are outsiders."
They wonder if anyone is taking them seriously.
"I would like to thank you for taking our story that means a lot," Sam McGill said.
DEQ said it is considering all available enforcement options, however no final enforcement has been taken at this time.
CBS 6 reached out to the federal Environmental Protection Agency to see if they are investigating this situation, and a spokesperson said based on the status of the case the "EPA cannot comment on pending or active enforcement actions."
We also reached out to the local Commonwealth's Attorney, and we are waiting to hear back.
This is a developing story. Email the CBS 6 Newsroom if you have additional information to share.
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