Cheektowaga, NY – The owner of Earl’s Best Paint and Body in Cheektowaga, Gary J. Moscato, has completed a five-year probationary sentence for the illegal dumping of hazardous waste, a case that highlighted the dangers of improper disposal practices by local businesses. The sentencing, handed down in February 2009, stemmed from the discovery of numerous five-gallon pails containing flammable waste solvents abandoned under an Interstate 90 overpass in the town.
The investigation, conducted by New York State environmental authorities, revealed that the waste originated from Moscato’s auto body shop. Rather than adhering to strict regulations for hazardous waste management, Moscato opted for an unlawful and environmentally damaging method of disposal, creating a potential fire hazard and contaminating the surrounding area. The cleanup operation ultimately cost $11,872.82, a sum Moscato was ordered to pay in restitution.
According to court records, Moscato was initially charged on November 21, 2008, with one count of violating New York State Environmental Conservation Law (NYSECL) 71-2707(1), pertaining to the unlawful possession of hazardous waste. He subsequently pleaded guilty to this charge. The case served as a stark reminder of the responsibility businesses have to safely manage and dispose of potentially harmful materials.
Co-Conspirator Also Penalized
Moscato wasn’t the only individual facing consequences for the illegal dumping. David Lakes, who participated in the unlawful disposal, also pleaded guilty to one count of unlawful dealing in hazardous waste, a violation of NYSECL 71-2717(3). Lakes received a five-year probationary sentence and was ordered to perform 300 hours of community service, along with a $270 fine and a $70 special assessment fee. His sentencing occurred on July 7, 2009.
Legal Ramifications & Penalties
The penalties imposed on both Moscato and Lakes underscore the seriousness with which New York State treats environmental crimes. NYSECL 71-2707(1) prohibits the unlawful possession of hazardous waste, while NYSECL 71-2717(3) specifically targets those involved in the illegal dealing or disposal of such materials. Beyond the financial burden of restitution and fines, the probationary periods and community service requirements are intended to deter future offenses and promote environmental stewardship.
Key Facts
- Defendant: Gary J. Moscato
- Business: Earl’s Best Paint and Body, Cheektowaga, NY
- Crime: Illegal dumping of hazardous waste solvents
- Date of Discovery: November 2008
- Laws Violated: NYSECL 71-2707(1) & NYSECL 71-2717(3)
- Moscato’s Sentence: 5 years probation, 200 hours community service, $11,872.82 restitution
- Lakes’ Sentence: 5 years probation, 300 hours community service, $270 fine + $70 assessment
- Waste Type: Ignitable waste solvents in five-gallon pails
GrimyTimes will continue to follow environmental crime cases and report on efforts to protect communities from hazardous waste and pollution.
Source: EPA ECHO Enforcement Case Database
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