May 6


EPA investigating Battaglia Demolition

News and analysis by Dan Telvock, Investigative Post's environmental reporter

The federal Environmental Protection Agency confirmed Tuesday that it’s investigating Battaglia Demolition for potential environmental violations.

The EPA investigation comes less than a month after Investigative Post reported how residents on Peabody Street and elsewhere in the Seneca Babcock community have complained for a decade about quality of life problems they blame on the construction and demolition debris business owned by Peter Battaglia.

Our report also revealed how the business continues to operate without one, and possibly two, state permits.

The state Department of Environmental Conservation has cited Battaglia for operating a concrete crusher without an air permit and at least once for operating it without the correct environmental controls. Battaglia remains in a legal dispute with the DEC about the air permit.

Residents last week said they saw EPA officials inspecting Battaglia’s concrete crusher.

Elias Rodriguez, an EPA spokesman, said agency officials inspected the business off Seneca Street south of downtown Buffalo on April 25.

“Since then, we have not issued any citations, but as I mentioned, the investigation is active and ongoing,” he said. “The inspection was part of an investigation of potential violations of the Clean Air Act.”

City public works crews also responded to the complaints.

They are paving over deep potholes caused by the 80 to 200 trucks that use Peabody Street to get to Battaglia’s business.

How bad are some of the potholes?

Watch this video captured by one of the residents:

Last Thursday, residents joined the Clean Air Coalition of WNY to urge the state Department of Environmental Conservation and city officials to take action against Battaglia’s business.