BUFFALO, N.Y. (WKBW) — New York Attorney General Letitia James and Department of Environmental Conservation (DEC) Commissioner Basil Seggos announced action has been taken against Battaglia Demolition Inc. in connection to its former Seneca Street facility in Buffalo.
An agreement was made Thursday that "resolves a lawsuit brought by the Office of the Attorney General (OAG) and DEC against Peter J. Battaglia, Jr., owner and operator of Battaglia Demolition and related companies, for illegally operating the solid waste facility without required state environmental permits," according to a release.
According to the AG, the illegal operation of the facility led to harmful impacts on the surrounding community including incessant dust, noise, odors, vermin and traffic.
“For years, dust, noise, odor, and other environmental assaults caused by the Battaglia facility plagued communities in South Buffalo, threatening residents’ health, wellbeing, and quality of life. New Yorkers deserve clean, safe, and healthy environments to call home, and my office will always work to uphold those standards statewide. As a result of our efforts, this site will finally be cleaned up, and Mr. Battaglia will pay his fair share for the damage his facility has caused.”
In June, a city judge ruled in favor of the residents who wanted to clean up the site that has been an eyesore in the neighborhood since 2018. In July, the city announced plans to bid out the demolition of the site.
As part of the agreement the OAG said Battaglia will:
- Remove all concrete debris and remaining solid waste from the property within 120 days and create a natural area on a portion of the property to return much-needed green space to the site.
- Pay a civil penalty of at least $50,000 but is liable for up to $1,050,000 in penalties contingent on compliance with the agreement.
The agreement also restricts the property from being used for any industrial activities in the future.
“Today’s enforcement action is sending a strong and resounding message that New York will not tolerate companies that pollute our environment and blatantly disregard the health and safety of communities. DEC will always work tirelessly to pursue companies like Battaglia Demolition and hold them accountable to the fullest extent of the law to ensure communities don’t have to endure these types of environmental hazards again.”
