In May of 2018, Environmental Conservation Officer Gary Wilson was notified of an illegal dumpsite at the Tonawanda Wildlife Management Area in the town of Alabama.
Today in Genesee County Court, Carl J. Rivers, 49, of Albion was sentenced to 1-3 years in state prison for dumping asbestos-laden materials on Klossen road at the Wildlife Management Area.
Rivers was arrested on January 3, 2019 after the 7 month long investigation and was charged with the felony charges of endangering public health, safety, or the environment in the 3rd degree, a class “E” felony, as well as a violation level charges of unlawfully disposing of solid waste on state land.
At sentencing today, Rivers informed Judge Charles Zambito he has 13 days left on his current state prison sentence. His new state prison sentence will run concurrent.
Rivers, a career criminal, has been in and out of state prison since the late 80’s. He has served time for burglary, forgery, grand larceny, violating parole, stealing a vehicle, and leading police on a chase in a stolen vehicle.
Rivers will also pay restitution in the amount of $14,014.14 for the clean up of the waste. DEC Spills unit hired a contractor to clean up and remove the hazardous debris, which was brought to a registered facility.
Attorney Lisa Kroemer told the court that her client has taken responsibility, but that does not excuse his conduct.
“He was asked to get rid of this stuff by his boss,”says Kroemer.
Kroemer then argued that it would have made more sense to get Rivers out and working to pay back his restitution rather than spend time in prison. Judge Zambito disagreed, citing the multiple state prison sentencings and that he is currently serving a sentence now.
“Community based sentencing is not appropriate and he already has been given an advantage with the current plea offer, an E felony.”