State investigators are speaking out about Amigone's plans to reopen a crematory in the Town of Tonawanda.
An attorney for the crematory on Sheridan Drive says the business has done what's required of it to "recommence operations" by Friday.
However Attorney General Eric Schneiderman has a different plan. He says he will fight to keep the crematory closed.
"Unless there is some very very substantial improvements to new technology, which we've not seen so far, we are going to keep them from... we're standing with the community there and keep a very close track of it," said Schneiderman.
Attorney Dennis Vacco says Amigone sent a letter to the state DEC and Attorney General indicating they have met the requirements needed to reopen the business which was shut down in 2012.
But neighbors are concerned the operation will still be a problem.
"The odors were horrible, the loud noise could be heard through the house and also I guess there was human ash found throughout the neighborhood," said Ron Labuda, whose backyard is feet away from the crematory.
"(The smoke) goes to your throat, it burns your nose," said MaryAnne Dickerson.
Rebecca Newberry of the Clean Air Coalition shared with 7 Eyewitness News a copy of a violation issued to Amigone by the DEC in May of 2012.
"There were concerns in the neighborhood over, they're called 'particulates' so the stuff that sticks into your lungs," said Newberry. "The DEC validated the concern, they issued the notice."
In a letter obtained by 7 Eyewitness News from the DEC to an attorney for Amigone, it appears the company has not proven it has made the necessary changes.
The DEC wrote "Once the department receives a complete application we will evaluate it for compliance with applicable laws and regulations....and determine whether to issue a permit or deny the application."
7 Eyewitness News is waiting to hear back from Amigone to learn more details about their plan to reopen.
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