Empty lot trashed in Millsboro

Broken televisions.

Dirty diapers.

A discarded toilet.

Trash is piling up along Legion Road in Millsboro.

After multiple calls to state agencies, neighbor Carol Schumaker is still waiting for someone to clean up the trash.

“It's horrible,” she said. “It's getting to be more and more.”

Schumaker and other neighbors perturbed by the pile-up might have a while to wait.

Delaware Department of Transportation spokesman James Westhoff said Feb. 25 that DelDOT road crews are not permitted to clean up the property because the trash is not in state-owned right-of-way.

“For us to clean up litter, it has to be on the state-owned right-of-way,” he said. “Otherwise, we'd be trespassing, and possibly, if that resident was especially attached to that empty plastic bag, could even be accused of stealing.”

Sussex County Constable Michael Costello said the county is in a similar situation.

“It does impact Sussex, and we are concerned about it, but we have no authority,” he said. Regulations allow county officials to govern what can be done on Sussex County property, but illegal disposal of solid waste is beyond their purview, he said. That's in the hands of the state Department of Natural Resources and Environmental Control's enforcement unit.

DNREC won't be the one to clean it up, either.

“The owner of the property will be required to clean it up,” Costello said. “They're a true victim.”

The debris, including household bags of trash and broken furniture, can be found on a short stretch of Legion Road, almost midway between Route 24 and Bay Farm Road. Once wooded, the tract was cleared of trees last year to make way for the proposed Peninsula Lakes development. The planned 660-unit multi-use development will include 15,000 square feet of commercial space. Construction was slated for completion by 2025, records show.

Schumaker said trash began to be dumped shortly after the trees were cleared.

“I guess people think now that they can use it because it's open land, and there's no houses there,” Schumaker said. On Feb. 29, Schumaker said someone had removed the large items – mattresses and even a piano – but a lot of trash remains.

Costello said that stretch of road has been a problem for a long time. Previously, DelDOT crews driving by would clean up the trash. Not any more.

“Nobody's cleaning it up right now,” he said.

DNREC Environmental Crimes Unit Chief Jim Faedtke said the illegal dumping is under investigation, and the property owner has agreed to clean up the trash. There is no timeline for clean up, he said. He said the road is considered privately owned, which is why DelDOT has no authority to remove the debris.

Sussex County land records show that the Peninsula Lakes LLC parcels on Legion Road are owned by John Canuso Jr. Canuso did not respond to requests for comment.

Faedtke said special operations are underway to target the problem area, which has no video surveillance. One arrest has been made, he said, after investigators identified a suspect when they found personal mail among 13 bags of trash dumped along the roadside.

Faedtke said most of the litter is household debris and no hazardous waste has been found.

Residents can report illegal dumping by calling DNREC's Environmental Complaint Hotline at 800-662-8802. A Sussex County incentive program will reward up to $100 for residents who provide tips regarding illegal dumping that result in an arrest. To provide a tip, go to www.tipsubmit.com or call 800-TIP-3333.