An area business owner has been found guilty in a Summit County open dumping case.

Mark Malbin along with his Richfield-based company Bencin Material Hauling & Disposal Services were found guilty of two felony counts of open dumping and operating an unlicensed solid waste disposal facility Wednesday in Summit County Common Pleas Court.

Malbin was setenced to 20 days in jail as well as 45 days of house arrest, 50 hours of community service, and pay $29,000 in fines and restitution to the Ohio EPA and the Attorney General's office.

His company was also hit with $23,000 in fines and restitution payments.

He (Malbin) was also placed on community control for three years and if he violates any of the terms, he could face two years in prison on each count.

In addition, Malbin was ordered to clean up the facilities where the waste and debris were buried on.

The Ohio EPA first caught wind of the open dumping situation after getting an anonymous complaint about one of the sites in October of 2010.

Press Release:

On Wednesday, in the Summit County Court of Common Pleas, Mark Malbin and Bencin Material Hauling & Disposal Services Inc. (2636 Brecksville Road, Richfield, Ohio) were found guilty of open dumping and operating a solid waste disposal facility without a license, both counts are unclassified felonies. Judge Elinore Stormer adopted the plea agreement and sentenced as follows:

Mark Malbin:  He shall serve twenty days of incarceration on each count (work release acceptable) followed by 45 days of electronic monitoring per count; pay a fine of $5,000 on each count; pay restitution of $5,000 on each count to the Ohio EPA; $2,500 on each count to the Ohio Attorney General; $2,000 on each count to the Northeast Environmental Enforcement Project.  He will be placed on community control for three years and if he violates any terms or conditions of community control, he could face two years of prison on each count. He also will serve 50 hours of community service on each count. He was ordered to clean up the facilities located at 2636 Brecksville Road, Richfield, Ohio; 10801 Meech Avenue, Cleveland, Ohio; 19906 Miles Road, Warrensville Heights, Ohio.

Bencin:  $2,000 fine on each count; pay restitution of $5,000 per count to the Ohio EPA; $2,500 per count to the Ohio Attorney General; $2,000 each count to the Midwest Environmental Enforcement Association.   Mr. Malbin is the owner of Bencin which provides waste removal to commercial enterprises. He operated his business activities over the years at the above locations. As a result of a state investigation, it was discovered that solid waste and construction demolition and debris were buried on these properties.