New York Attorney General files suit against demolition firm

New York State’s Attorney General Eric Schneiderman has announced plans to sue Peter J. Battaglia Jr., owner and operator of Battaglia Demolition Inc. and related companies, to force the South Buffalo, N.Y., demolition debris facility to end noxious conditions – described as “unbearable” and “sickening” by residents – that have plagued the surrounding community.

According to the AG’s office, the suit charges that Battaglia’s dust, noise, odors, vermin, truck traffic, and other harmful impacts have created a public nuisance under New York State law, and that the facility is illegally operating without required state environmental permits.

The Attorney General’s suit, which was filed in the Erie County Supreme Court, seeks a court order halting operation at the facility until all public nuisances are abated, all state permits necessary for the operations conducted at the facility are obtained, and the facility is brought into full compliance with the law. In addition, the state asks to the court to assess financial penalties for Battaglia’s violation of multiple state environmental laws.

“For too long, dust, noise, and odor from the Battaglia facility has created noxious conditions in the Seneca-Babcock community,” Attorney General Schneiderman says. “These conditions have robbed residents of such basic pleasures as opening their windows, relaxing on their porches and enjoying their backyards. I am committed to bringing these harms to an end, and holding Battaglia fully accountable for blatantly and knowingly disregarding both the law and the well-being of the community. In taking this action, I stand with the Seneca-Babcock community to ensure their right to a safe, clean, and healthy environment.”

The Attorney General’s lawsuit charges that the Battaglia facility has created a public nuisance under state law by creating ongoing dust, noise, vibrations, odors, vermin infestation, and excessive truck traffic that harm the property, safety, and comfort of the neighborhood residents, as well as disrupting their daily activities. The lawsuit also charges that the facility is operating without required approvals by the New York State Department of Environmental Conservation (DEC) – including a permit for controlling air pollution from the concrete crusher – that protect the environment and health of the surrounding community.

While the facility is located in an area zoned as M2 General Industrial District, in 2010 concrete crushing was specifically prohibited in M2 zones.

Community members have repeatedly objected to nuisance dust, odor, noise and other impacts of the facility, with complaints about dust and noise peaking with the increase in Battaglia’s crushing activities. According to the AG’s office, the facility has repeatedly been cited for numerous violations of law by the state and city of Buffalo. According to the office, Battaglia has disregarded six notices of violation issued by DEC – as well as January 2016 court order – directing him to comply with DEC permit requirements. In May, Peter Battaglia told DEC personnel that he would never submit these permit applications.

The AG’s office notes that since Feb. 13, 2013, the facility has been operating without a required 6 NYCRR Part 360 solid waste management facility permit, and since Dec. 7, 2011, Battaglia has failed to submit a required 6 NYCRR § 201-5 permit application for the operation of the concrete crusher.

“The long history of non-compliance and the vast number of environmental violations associated with the Battaglia facility is unacceptable in an age when corporations are well aware of the duties they have to protect our environment,” says DEC Acting Commissioner Basil Seggos. “I applaud the work of our investigators and scientists who worked to hold these polluters accountable, and the resolve of those in the Attorney General’s office, who help uphold the environmental laws in place that protect our communities.”

Requests for comment from Battaglia were not returned.