Court orders shutdown of Battagila Demolition, Inc.

Posted at 2:31 PM, Apr 02, 2018
and last updated 2018-04-02 20:43:25-04

A New York State Supreme Court judge has issued a shutdown order for a South Buffalo demolition plant that has been plaguing the nearby Seneca Babcock neighborhood for years.

New York Attorney General Eric Schneiderman announced the court's decision to order the shutdown Monday. 

The community has been fighting for the shutdown of Battagilia Demolition, Inc. for more than a decade, saying it spreads dust, debris and odor throughout the neighborhood.

In 2016, Schneiderman filed a lawsuit against the demolition plant, alleging the company was company was creating a public nuisance under New York State Law by operating without required solid waste management and air permits.

On Monday, the Honorable Deborah Chimes determined that Battaglia operated the facility without a required Solid Waste Facility permit since February 13, 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 Peter J. Battaglia, Jr. personally liable for penalties to be determined at an upcoming hearing. 

“This court decision is a victory for the Seneca-Babcock residents who will no longer be forced to breathe in harmful dust and debris,” said Attorney General Schneiderman. “As we made clear in Court, companies have a fundamental responsibility to comply with state law — and my office won’t hesitate to act to keep New York communities clean, safe, and healthy.”

On Monday afternoon, US Senator Chuck Schumer said he is "thrilled" by the ruling.

"With summer just around the corner, Seneca Babcock residents will finally be able to enjoy sitting on their porches and watching their children play in the yard, without worrying about what they may be breathing in from Battaglia. I was proud to stand with these residents to fight for attention to this issue, and I am proud today to stand with them on this monumental success,” Schumer said in a statement.

7 Eyewitness News has tried unsuccessfully to reach the attorney representing Peter Battaglia for comment.

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