Friday, April 3, 2015

A SALISBURY MAN WAS CONVICTED OF INSTALLING AN ILLEGAL SEPTIC SYSTEM THAT ALLOWED WASTE TO FLOW INTO A TRIBUTARY OF THE CHESAPEAKE BAY





APRIL 3, 2015

SALISBURY, MARYLAND

A Salisbury man was convicted of installing an illegal septic system that allowed waste to flow into a tributary of the Chesapeake Bay, according to the Maryland Attorney General's Office.

Charles Elzey, who also goes by the name Billy Ennis, was found guilty in Wicomico County Circuit Court of five counts of environmental violations related to the illegal work, the Attorney General's Office said.

He was also found not guilty on 12 charges relating to the case and acquitted on two on March 30, according to online court records.

According to the Attorney General's Office:

The case stemmed from a complaint lodged by tenants who moved into a Delmar home in 2013. In February 2013, the tenants contacted the owners, Marie and Darnell Marius of Delaware, to tell them that sewage was backing up into sinks and the bathtub, the toilet wouldn't flush and that strong odors were permeating the house.

The Mariuses hired Elzey, 65, of Salisbury, to address the problem. Elzey installed a discharge pipe from the failing sewer system into a wooded area of the backyard and onto a neighboring property. The waste eventually drained into Wood Creek, a tributary of the Wicomico River, which flows into the Chesapeake Bay.

Darnell Marius testified during the trial that he hired Elzey, and did not obtain permits for the work. Elzey, who works for a sump pump company as a pump and hauler and was performing work on the Mariuses' property on the side, was not licensed to perform septic repairs.

A tenant testified that she saw Elzey removing old septic lines and installing a new discharge pipe, which drained aboveground into the neighboring property. The tenants had previously told Wicomico County health officials, in connection with other charges relating to the case, that Marie Marius came to the property to monitor the work being done, as well as to provide payment for the installation. Marie Marius had been convicted earlier this year in connection with the matter.

Elzey was ordered to pay a $1,000 fine, complete 25 hours of community service and was placed on two years of supervised probation, with a six-month suspended sentence


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LAUREL WOMAN TO PAY $12K FOR POLLUTING CHESAPEAKE BAY

JANUARY 12, 2015

Marie J. Marius pleaded guilty to install a pipe which polluted the Chesapeake Bay.

A Laurel woman must pay $12,000 in fines after pleading guilty to polluting a Wicomico County waterway which feeds into the Chesapeake Bay.

Marie J. Marius pleaded guilty to the misdemeanor charges of water pollution and the improper alteration of a sewage system, according to Maryland Attorney General Brian Frosh.

Attempts to contact Marius were unsuccessful.

According to Frosh’s office, new tenants renting her home contacted both Marius and her husband, Darnell, in February 2013 to complain about sewage backing up in the house.

The Mariuses then hired someone to install a discharge pipe at the home to solve the sewage issue.

It was determined the pipe fed into a wooded area which flowed into a creek that is a tributary of the Wicomico River and, conversely, the Chesapeake Bay.
According to the attorney general’s office, the pipe was in place for several months and has since been repaired and placed under the supervision of the Wicomico County Health Department.

As a result of her sentence, Marius must pay $12,000 immediately to the Maryland Clean Water Fund. She was sentenced to pay $35,000 fine, but $23,000 of which was suspended.

In addition, she must perform 75 hours of community service and will be placed on probation for three years, Frosh’s office said.

The contractor who performed the work, Charles Elzey, is facing several charges for his work on the pipe and is scheduled for trial in Wicomico County District Court in February.