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South Buffalo demo company sued by State AG

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Posted at 3:57 PM, Jun 02, 2016
and last updated 2016-06-02 15:57:39-04

The State Attorney General is trying to put an end to the dust and noise produced by a demolition debris facility that neighbors have complained about for years.

The South Buffalo residents living near Battaglia Demolition on Seneca Street have long described conditions near the facility as “unbearable.” They say the dust, noise, odors, vermin and truck traffic negatively affect their quality of life.

Now State Attorney General Eric Schneiderman is stepping in. Schneiderman is seeking a court order to halt operations at the demolition debris facility until the owner, Peter Battaglia Jr., can end the public nuisances his business creates.

The State Attorney General is also looking to penalize Battaglia for allegedly violating state environmental laws multiple times. Schneiderman says the facility is operating without approvals from the State DEC, including a permit for controlling air pollution from its concrete crusher.

The concrete crusher was installed in 2011 and is as close as 250 feet from the backyards of homes on Peabody Street in the Seneca-Babcock neighborhood.

Battaglia Demolition has been cited six times by the DEC and ordered by the court in January 2016 to comply with DEC permit requirements. Schneiderman says in May, Battaglia told DEC personnel that he “would never submit these permit applications.”