Concrete recycler shut down by State of New York

The office of New York State Attorney General (AG) Eric T. Schneiderman has announced a State Supreme Court shutdown order against Peter J. Battaglia Jr. and affiliated corporations operating what the AG calls “an illegal concrete crushing and demolition processing facility in South Buffalo.”

Battaglia operated the facility without required solid waste management and air permits, according to Schneiderman. The AG also cites community residents who say the facility in the southern part of the city of Buffalo “spread dust, debris and odor throughout the Seneca Babcock neighborhood for more than a decade.”

The early April 2018 court order follows a 2016 lawsuit filed by Schneiderman alleging the company’s activities “created a public nuisance under New York State Law,” and that the facility illegally operated without required state environmental permits.

State Supreme Court Judge Deborah A. Chimes has determined that Battaglia operated the facility without a required Solid Waste Facility permit since February of 2013 and operated a concrete crusher without applying for an air permit. The court required the facility to immediately cease all concrete crushing and construction and demolition debris disposal operations and held Battaglia Jr. personally liable for penalties to be determined at an upcoming hearing.

As described by the AG’s office, the Battaglia facility crushed concrete and stockpiled and processed construction and demolition debris. The concrete crusher is located as close as 250 feet from backyards of some homes in its south Buffalo neighborhood, the AG’s office indicates.