A.G. Schneiderman Sues To Prevent Reopening Of Amigone Funeral Home Crematory Over Persistent Environmental Violations
Crematory’s Odor, Soot And Noise Have Long Plagued Tonawanda Neighborhood
A.G.’s Suit Seeks To Block Operation Of Crematory In Residential Neighborhood
Schneiderman: This Lawsuit Will Reassure The Community That The Amigone Crematory Will Never Again Foul Their Air And Disrupt Their Lives
BUFFALO – Attorney General Eric T. Schneiderman and State Department of Environmental Conservation (DEC) Commissioner Joe Martens today announced a lawsuit to prevent Amigone Funeral Home Inc. from reopening its crematory in a residential neighborhood in the Town of Tonawanda, Erie County. The crematory, which has a long history of generating offensive odors, soot, and excessive noise into the neighborhood, has been the source of persistent community complaints. While a July 2012 agreement with Attorney General Schneiderman’s office resulted in Amigone suspending operations at the crematory, the funeral home has recently signaled its intention to restart operations.
“The Amigone crematory has cast a shadow over this Tonawanda community for too long,” Attorney General Schneiderman said. “The crematory’s offensive nuisance emissions have long plagued residents, interfering with such basic pleasures as opening windows and enjoying backyards. This lawsuit will reassure this community that the Amigone crematory will never again pollute their air and disrupt their lives. With this action, my office is standing with the residents of Tonawanda to protect their right to enjoy clean, fresh air.”
DEC Commissioner Joe Martens said, “The DEC referred this matter to the Attorney General for enforcement when it became clear that despite Amigone’s efforts, the crematory was causing a continuing violation of DEC laws and regulations. The Attorney General’s office worked closely with DEC staff to bring this action, and I congratulate their efforts to block the crematory from further impacting the neighboring community.”
The Attorney General’s lawsuit, which was filed in Erie County Supreme Court, charges that Amigone is unable to operate the crematory without violating state air pollution laws and creating a nuisance for nearby residents. The suit seeks to permanently block Amigone’s operation of the crematory at its Sheridan Drive property. The suit also seeks monetary penalties against Amigone for repeatedly violating state air pollution and other laws.
The Amigone crematory, which began operations in August 1991, is located adjacent to a quiet residential neighborhood. From the start, residents on and near Werkley Road have complained about the crematory’s odors, soot and excessive noise. Conditions worsened when the facility’s incinerator was replaced in July 2009. Residents have documented dark smoke emissions, denoting the release of particulates from cremation operations into the neighborhood, and DEC put the crematory on notice of serious violation of limits on emissions of smoke in May 2012.
Last July, Attorney General Schneiderman reached an agreement with Amigone that required closure of the facility for a six-month period while Amigone sought approval from the New York State Cemetery Board to relocate its crematory operation. The agreement further provided that if Amigone was unsuccessful in obtaining approval to relocate and wished to reopen during the six-month period, the company would need to retain a third-party expert to develop recommendations for operational changes that would address residents’ concerns about odors, soot, smoke, and noise.
The New York State Cemetery Board last year denied Amigone’s petition to relocate the crematory, and that determination was upheld in State Supreme Court this April. Although Amigone has taken public steps to recommence operations at its current site, it has provided no information regarding retaining an expert or developing any engineering plans to eliminate the crematory’s objectionable and illegal emissions.
Rebecca Newberry, Community Organizer, The Clean Air Coalition of W.N.Y., said, “The Clean Air Coalition applauds Attorney General Eric Schneiderman and his team in Buffalo for taking action to prevent the Amigone crematory from reopening. For years, the crematory’s neighbors were forced to live with the facility’s offensive odors, dark smoke and loud noise. We thank the AG’s office for defending the quality of life of these families.”
Attorney General Schneiderman thanks the Department of Environmental Conservation for their efforts in this matter.
The case is being handled by Assistant Attorneys General Jane Cameron and Michael Myers and staff scientist Jennifer Nalbone, under the supervision of Chief Scientist Alan Belensz, Deputy Bureau Chief Lisa M. Burianek, Bureau Chief Lemuel M. Srolovic, Executive Deputy Attorney General for Social Justice Alvin Bragg and First Deputy for Affirmative Litigation Janet Sabel. DEC Region 9 Attorney Maureen Brady and Environmental Engineers Alfred Carlacci and Alan Zylinski assisted in the case.
October 10th “What’s Happening in Appalachia”
This past June, Clean Air sent a delegation of members to Appalachia to meet with members of the Coalfield Environmental Health Project, a community organization made up of residents who live next to surface mining sites in Beards Fork,West Virginia.
For 3 days, our members learned first hand how residents are fighting coal companies who strip their land and pollute their wells and water sources.
The Coalfield Environmental Health Project was chosen as a sister group due to their experience successfully organizing around the connections between health and pollution. Residents who live near surface mining sites show a higher rate of heart disease, respiratory problems, cancer and birth defects.
On October 10th, our delegates will share their stories and what they learned during this intense and transformative experience.
Join us at 6pm at the River Rd. Volunteer Fire Hall (39 Kaufman Ave. Tonawanda NY 14150)
We Deserve Better
 All we were trying to do was submit comments to the Department of Transportation after their public scoping meeting, but we were not allowed.On July 10th, one day before public comments were due for the NY Gateway Plans, Clean Air members and West Side residents, as well as some of our organizational partners, like Heart of the City Neighborhoods, PUSH Buffalo, and Coalition for Economic Justice, held a press conference telling Maria Lehman of the DOT that the West Side deserves better efforts of inclusivity. Even though we were promised fair and just public participation efforts, residents received short or no notice at all about the public scoping meeting; presentations, handouts, and relevant information regarding the project were all in English. To top it off, representatives at the meeting blamed the low turnout on the residents! We deserve better! We deserve to be included in the decisions that affect our neighborhood! Those decisions should not be made by people who do not live here, and that is exactly what we said outside the DOT before we tried to walk in and hand in our comments. Here’s a great video of members being denied entry into a public building. The next day the DOT announces that the public comment period has been extended until July 22- a big WIN for residents! It shouldn’t take a rally for the DOT to include residents in on the decisions that will affect their neighborhood, and potentially, their health. We shouldn’t have to fight for our public agencies to do the right thing. If you would like to learn more on our efforts to push for true inclusion on the West Side, you can call or email Natasha at 716-852-3813 or natasha@cacwny.org. Materials are available on the website in English and Espanol.  |
You can read our public comments to the DOT NY Gateway Connections Improvement Project, as well as comments from our members below:
Clean Air‘s Comments
Participatory Budgeting Results Are In!
On March 28th, twelve jurors found Tonawanda Coke Corporation and its environmental control manager Mark Kamholz guilty of violating the Clean Air Act and Resource Conservation and Recovery Act.
And together, in June, we made history when nearly 600 residents impacted by Tonawanda Coke cast a ballot for how to spend the settlement money.
This process is built off of the Participatory budgeting process. Participatory budgeting (PB) is a democratic process in which community members directly decide how to spend part of a public budget. PB was first developed in Brazil in the 1980s as part of a larger effort to establish democracy and citizen participation after decades of military dictatorship, political patronage and corruption. PB is now used throughout Latin America, a growing number of European Countries, New York City and Chicago. Learn more about PB here.
Here were the top results:
| Title | Description | Cost | Votes |
| Industrial Pollution Prevention Project | A project that will work with small to medium-sized manufacturers in the Tonawandas, Riverside, and Grand Island to reduce toxic chemical use, emissions, and waste, as well as improve the efficiency of energy, raw material, and water usage. | $250,000 | 260 |
| Community Environment Health Institute | The development of a long-standing community engaged environmental health institute targeted at research, training, prevention, and healthcare coordination to improve the health of WNY residents, especially those in areas affected by air pollution. | $15 million | 236 |
| Wickwire Park Redevelopment Project | The purchase and renovation of an approximately 40-acre site along the Niagara River for the purposes of providing waterfront access, historic re-use, job creation, and alternative energy generation. | $4 million | 217 |
| Tonawanda Area Environmental Health Study | A community-oriented study of environmental health in the Tonawanda region focusing on cancer incidences and air pollution exposure patterns. | $100,000 | 209 |
| Town of Tonawanda Tree Farms | The development of a new tree farm and model community garden in addition to the restocking of Old Town’s current tree farm and the eventual transplantation of trees throughout the Tonawanda area. | $150,000 | 209 |
Now it’s in the hands of the judge who will decide the company’s sentence. Up to $50 million could be spent here to fund these projects! We’ve sent the complete list of results to the Environmental Protection Agency and the Department of Justice. Together we have delivered a strong message that we want a healthier region and that we have great ideas on how to make that happen!
The Clean Air Coalition has led the charge against Tonawanda Coke – and the voting process. We could not have done this without our dedicated and courageous members. Who, with our staff, made over 3,000 get out the vote calls, sent over 2,000 pieces of mail, held a community assembly with over 100 residents, hosted 4 planning meetings, set up 12 voting locations and counted nearly 600 ballots.
Become a sustaining member of the Clean Air Coalition to help us keep going. With your generous membership gift of $25, $35 or $60 we can continue to be a force for environmental justice in our region.
Phone Calls, Rallies, Meetings… OH MY!
Clean Air Courtney and Air Quality Alex
By: Courtney Sokol & Alex Fisher
My name is Courtney Sokol and I am a Cornell High Road Fellow interning at the Clean Air Coalition. I was involved in environmental advocacy projects throughout high school, so this was an exciting and rewarding placement for me. As a High Road Fellow, I am responsible for representing Cornell within the city of Buffalo. Executive Director, Erin Heaney, and the rest of the Clean Air Coalition staff have afforded me ample opportunities to get involved with advocacy, policy, and grass-roots environmental organizing in the greater Buffalo area.
My name is Alex Fisher. I am a student at the Nichols School in Buffalo. After hearing Erin speak in the fall of 2012 I knew immediately that I wanted to intern at Clean Air! Working here this summer has solidified my interest in supporting environmental justice in Western New York and pushed me to try to increase awareness in my school community.
Working at the Clean Air Coalition has been a rewarding and eye opening experience. The non-profit community in Buffalo has a lot to offer. The different organizations work together on varying projects to improve quality of life for residents of the greater Buffalo area. Clean Air works to ensure environmental justice for citizens and workers. It has been an exciting summer at the Delaware Avenue office. The five interns entered at the busiest possible time. Clean Air Coalition spearheaded the fight against the criminal actions of the Tonawanda Coke plant. The lawsuit that followed allowed for fine money to be brought back into the area. The Clean Air Coalition developed a strategy to gain residential input on how to spend the money through a process of participatory budgeting. Projects eligible for voting ranged from pollution prevention to a community health center. The interns assisted in making turn out calls for voting, counting and recording votes, and coordinating the tally count party at the final voting location. Nearly 600 residents of Tonawanda turned out to vote, making the process a victory for democratic reform!
Another exciting event that the interns were involved in was the press conference outside of the Department of Transportation pertaining to the Peace Bridge expansion project. The project is proposed to cost over 20 million dollars, and double the amount of cars and trucks passing through the residential West Side neighborhood. This will perpetuate already poor air conditions, and health problems within the community. The interns helped to make signs, inform the press, and make turn out calls. The deadline for submitting public comments was extended by the Governor’s office due to the hard work of Clean Air and the West Side community.
Although the Clean Air Coalition operates as a highly efficient organization, as an intern it is surprising to see how difficult is is to build community support. It is amazing how much work goes into getting people to give input, turn out to vote, or support a meeting. Interns are responsible for making thousands of calls. It is disheartening when the person at the other end hangs up. Despite minor setbacks, Erin, Rebecca, and Natasha do not give up on community outreach. They are well known in Western New York for working vigorously towards resident involvement and outreach.
So far, the summer has been full of exciting memories and events at the Clean Air Coalition. One stand out memory for the interns was partaking in the rally at the Department of Transportation. It was exciting to see our work pay off when Governor Cuomo extended the public deadline after the media covered the event. It was also entertaining when a bat flew into the office and disrupted everyone who was hard at work. Aside from the great work that is done at the Clean Air Coalition, it has been rewarding to work beside inspiring, intelligent, and fun people. The role of the “intern” is often looked at as “paying your time” before you break into the work force. As interns at CAC, we are treated with respect and trust. The attitudes’ of the staff here make work enjoyable and fulfilling every day.
Tonawanda Coke Impact Statements Deadline Moved to August 1st
Have you been impacted by Tonawanda Coke’s criminal behavior? It’s not too late to submit an impact statement into the US Attorney’s office.
An Impact Statement is your chance to tell the judge how Tonawanda Coke’s crimes has affected your life or the life of your family. The purpose of an Impact Statement is to assure the most appropriate sentence for the convicted offender.
Below are some general guidelines for preparing such a statement. The last day to submit an impact statement is August 1, 2013.
- Keep the statement as succinct and to the point as possible.
- List any impact the crime and/or the defendants’ conduct has had on you and/or your family.
- Details of the emotional impact of the crime on you and your family.
- Details of the financial impact of the crime. This could include, loss of wages, medical or counselling expenses, travel costs etc.
- Address any thoughts about what type of sentence you feel the defendants should receive.
- Include anything else you feel is important for the judge to know before imposing a sentence.
Please submit your Impact Statement and address any questions to:
United States Attorney’s Office
Attn: Sharon Knope
138 Delaware Avenue, Buffalo, NY 14202.
(716) 843-5828
sharon.knope2@usdoj.gov
For more information on impact statements go to the US Attorney’s website.
Sentencing for both Tonawanda Coke Corporation and Mark Kamholz is set for September 30, 2013 at 9:00am before U.S. District Court Chief Judge William Skretny in the Federal Courthouse at 2 Niagara Square (9th floor), Buffalo, NY. To read the government memorandum detailing more information about the trial and the case click HERE. 
Its time to VOTE!
Its time to VOTE on how YOU would spend Tonawanda Coke’s criminal fines.
On May 23rd we will held a general assembly over a hundred resident brainstormed ideas on what they need to make their community a healthier place to live. To learn more see this article in the Buffalo News.
Over the next few weeks residents from the Tonawandas, Grand Island and parts of Riverside will be meeting to flush out the project ideas, create budgets and secure letters of support from organizations.
The finalized projects will be presented to the community the third week of June for a community wide vote. The projects that gets the most votes will be submitted to the U.S. Justice Department and EPA.
Now its time to decide on what project YOU would like to see in your community.
JOIN US AT THE FOLLOWING VOTING LOCATIONS
Saturday, June 15th from 10:30am-12:30pm Brighton Place Library 999 Brighton Place Rd. Tonawanda
Sunday, June 16th from 9am-noon St. Timothy’s Church, 1453 Staley Rd. Grand Island
Monday, June 17th from 9am-6:30pm St. Timothy’s Church, 1453 Staley Rd. Grand Island – pick up and drop off ballot to church secretary
Monday, June 17th from 5pm-9pm City Hall Community Room 200 Niagara St. City of Tonawanda
Tuesday, June 18th from 9am-4pm Town of Tonwawnda (second floor conference room) 2919 Delaware Ave. Kenmore
Wednesday, June 19th from 12:30-1:30pm Tonawanda Senior Center 291 Ensminger Rd. Tonawanda
Wednesday. June 19th from 3:30pm-7pm Phatman Skate Shop 2889 Sheridan Dr. Tonawanda
Thursday, June 20th from 7:30am-1pm North Tonawanda Farmers Market Payne Ave & Robinson St.
THURSDAY, June 20th at 6pm
Boys and Girls Club
54 Riverdale Rd.Off of River Road next to the GM Plant
JOIN US FOR THE VOTE TALLY AT 7:30PM
We NEED polling volunteers! To volunteer at a voting site – contact Rebecca at 716-852-3813 or email her at Rebecca@cacwny.org
To download a voting flier and post it around town click here: Tonawanda Settlement Voting Flier
Neighborhood Leader Summit w/ Green for All
Community Power Building: Buffalo
Archive
Written by Maritza Martinez
Fellowship Program Manager, Green For All
Last week, I joined Green For All’s Director of Education and Outreach, Julian Mocine-McQueen on a trip to Buffalo to meet with the Clean Air Coalition of Western New York. Our goal was to bring together allies from around the city to explore how we could collaborate.
We visited some of Buffalo’s environmental justice hot spots, including the Tonawanda area, where toxic industrial polluters burn coal and refine petroleum across the street from homes and playgrounds. Not surprisingly, this area has an extremely high rate of asthma and other respiratory illnesses. After much effort on the part of the Clean Air Coalition, air monitors were placed downwind of the industries to record the different pollutants that the surrounding community is breathing. The monitors found an unusually high percentage of the carcinogen Benzene in the air. I personally experienced the noxious odors that residents encounter daily.
Neighborhoods around Buffalo face environmental and economic injustice issues on a constant basis. It’s not just in Tonawanda. We learned of a local school on the Buffalo’s west side, where thousands of trucks idle all day, waiting to go through customs and enter Canada. In this area, fresh air must be pumped into the local elementary school, because the air outside is too toxic for the kids to breathe all day. A playground and a small grass mound is all that stands between families’ homes and massive trucks blowing out toxic fumes.
With these experiences for context, we met with fifteen leaders from throughout Buffalo’s diverse neighborhoods to discuss the problems in their communities, share resources, and form new personal and organizational connections. We were joined by Green For All fellows Natasha Soto from Clean Air Coalition of Western New York and Clarke Gocker from PUSH Buffalo, as well as representatives from the NAACP, The Coalition for Economic Justice, Citizen Action of New York, Buffalo Car Share, Environmental Justice Action Group, Hispanic Heritage Council of Western New York, and Grupo Ministrial.
The most pressing issues they identified in Buffalo include poor air quality, inadequate housing stock, lack of youth investment, and insufficient jobs. Community groups are tackling these issues one neighborhood at a time, but more cross-neighborhood conversations, collaborative work, and resource sharing would help the city and its residents meet these challenges. Together, our group developed a vision of what Buffalo could look like if the community groups achieved their goals, and we identified milestones to help get there.
We can’t wait to see this vision unfold and to lift up Buffalo as a partner and a model for other communities around the country who are facing similar challenges.
Support the Delegation to West Virginia
From June 8th -11th, 5 members from Tonawanda and Buffalo will travel to Fayetteville, West Virginia to meet with members of several grassroots community organizations who fight for environmental justice in Appalachia.
Our members are regular people who live in neighborhoods that are up against huge polluters. We will learn how residents are fighting coal companies who are stripping their land and polluting water sources near their homes with toxic chemicals. We will share strategies, action ideas and work to build our movement that priorities people’s health. After the delegation, our members will present on our observations and discuss how the work of Appalachian communities has impact on our work in Tonawanda and Buffalo.
To make this incredible movement building opportunity possible, we need to raise $2,000 by June 8th. Our members are doing their own fundraising in order to be part of this delegation. A donation of $10 will help train local leaders to continue to build a strong environmental justice movement in Western New York.
Thank you so much for your support!
Tonawanda Reads Session 2 Disscussion Questions
The second session of our book club will be held at the Brighton Library this Saturday, May 18th from 11:30-12:30.
We will be discussing chapters 3 and 4 of Raising Elijah, however if you have not yet read or purchased the book, don’t worry! We will catch you up. Questions? or to register email Rebecca@cacwny.org.
Chapter 3: The Grocery List (and the Ozone Hole)
1.Was there a specific passage throughout this chapter that stood out to you?
2. Steingraber discusses in great deal the dangers of pesticides in food – particularly to the brain. Do you currently try to eat organic foods? Do you think that eating organic foods makes sense?
3. On page 66 the author talks about rules she uses with her children about food. What were the “rules” or lessons you learned growing up when it came to nutrition? Are your tastes in food similar or different then they were when you were a child?
MORE RESOURCES:
Organic food
- Huffington Post articles on the organic food movement
- New York Times “Is a Food Revolution now in Season?“
ADHD connections to food pesticides
Chapter 4: Pizza (and Ecosystem Services)
1. What are your feelings on Steingraber’s ‘pizza experiment’ (pg 87-88).
2. Do you think differently about the cost of organic food after reading this chapter? Why or why not?
3. Besides cost, what are some other challenges or barriers to eating pesticide free food?
MORE RESOURCES
- USDA Food Plan (cited on page 84)
- Mother Jones: Poisoning Workers at the Bottom of the Food Chain
- Food Matters: 10 Tips for buying organic food on a budget