Posted On: December 4, 2008 by George P. Conway

Two Buffalo Area Men Plead Guilty to Charges Related to Illegally Dumping Paint Solvent Waste

Gary J. Moscato who owns Earl’s Best Paint and Body Shop in Buffalo, New York entered a plea of guilty today to the E felony of unlawful possession of hazardous waste. David J.Lake who is a part-time employee of Earl’s Best Paint and Body Shop entered a plea of guilty to the E-felony of unlawful dealing in hazardous wastes. Mascato allegedly stored paint solvent waste in five- gallon containers that he paid Lakes three hundred dollars to dump subsequent to discovering how much it would cost him to dispose of it legally. Lakes allegedly removed the labels from no less than 30 five-gallon containers and dumped them in two remote locations in the Town of Cheektowaga. The New York Department of Environmental Conservation spent almost twelve thousand dollars cleaning up the two sites. The two men are scheduled to be sentenced on February 24, 2009. They each face up to four years in prison. Moscato has agreed to reimburse the state for the cost of the clean up. The New York Department of Environmental Conservation investigated the case. The case was prosecuted by the New York Attorney General’s Office. The pleas were entered in Erie County Court.