Conviction In Wicomico Sewage Pumping Case

SALISBURY — A Delaware woman was convicted this week for rigging a system to divert raw sewage from a rental home she owns in Wicomico County into the Chesapeake Bay.

Maryland Attorney General Brian Frosh announced this week the owner of a rental home in Delmar who rigged an illegal system to divert raw sewage into a Chesapeake Bay tributary has been convicted of environmental crimes. Marie Marius of Laurel, Del. on Monday pleaded guilty to misdemeanor charges of water pollution and the improper alteration of a sewage system at a home she owns with her husband in Delmar. Marius was fined $12,000, which will be paid to the Maryland Clean Water Fund, and must also complete 75 hours of community service.

“When people willfully and knowingly take steps to harm our environment, we will not tolerate it,” said Frosh, who was elected as Maryland’s new Attorney General in November. “This was an egregious case and I am glad justice was served.”

The case stemmed from a complaint filed by tenants who moved into the home in 2013. In February 2013, the tenants contacted the property owners, Marius and her husband Darnell, to tell them that sewage was backing up into the sinks and the bathroom tub, that the toilets wouldn’t flush and strong odors were permeating the residence.

The property owner then hired a worker to install a discharge pipe from the failing sewage system into a wooded area of the residence’s backyard, which is adjacent to Wood Creek. The illegal pipe allowed sewage to flow into the creek, a tributary of the Wicomico River, which ultimately flows into the Chesapeake. The tenants told Wicomico County Health officials Marie Marius came to the house to supervise the work being done and to provide payment for the installation of the illegal piping.

The illegal system was in place for several months. The septic system has since been repaired and the environmental damage cleaned up under the direction and supervision of the Wicomico County Health Department.

After pleading guilty, Marius was sentenced to pay $35,000 in damages and restitution, of which $23,000 was suspended, leaving her to pay $12,000 immediately. Marius was also sentenced to six months in jail, which was then suspended. The contractor, Charles Elzey, has also been charged with two counts of water pollution and 11 counts of installing or altering a sewage system without a permit. His case is scheduled for February.

“Our team and Wicomico County did a great job enforcing the laws that protect our environment,” he said. “Damage like this just cannot be allowed to take place.”