Marin Independent Journal

Marin gas station among outlets in regulatory action

- By Gary Klien gklien@marinij.com

The proprietor of gas stations in Marin and six other counties has agreed to pay $500,000 to settle allegation­s of environmen­tal violations.

The defendant is Mahmoud Alam, the chief executive officer of Faizan Corp. The company operates the Chevron at 170 Merrydale Ave. in San Rafael as well as gas stations in Alameda, Contra Costa, Lake, Mendocino, Sonoma and Yolo counties, according to the prosecutio­n.

Authoritie­s alleged that the company violated state environmen­tal laws by failing to operate and monitor equipment to detect gasoline leaks into surface and ground water, the Sonoma County District Attorney's Office said.

The prosecutio­n also alleged that the company violated laws regulating hazardous materials and waste; that it failed to label pump stations with the correct octane rating and price; and that it falsely advertised lower-octane fuel as higher octane at some stations.

At the San Rafael gas station, county inspectors alleged a failure to comply with state laws regarding the testing and maintenanc­e of undergroun­d gasoline storage tanks, and the proper handling and storage of hazardous waste, mostly oil and gas byproducts, said Andres Perez, a prosecutor in Marin. The alleged violations occurred from July 2018 to October 2020, Perez said.

Prosecutor­s filed a civil case against Alam and the corporatio­n in Alameda County Superior Court. Judge Charles Smiley entered the judgment on Jan. 5.

“We shall continue to be vigilant in the fight against potential pollutants harming the ecosystem.”

— Lori Frugoli, Marin County district attorney

Under the settlement, the company must pay $327,000 in penalties and $123,000 in investigat­ive and enforcemen­t costs, the prosecutio­n said.

The company is also subject to a statewide injunction that requires it to hire an environmen­tal compliance consultant, the Sonoma County District Attorney's Office said.

The Marin County District Attorney's Office was allotted $35,000 in penalties from the settlement for its costs and for further enforcemen­t of consumer and environmen­tal protection laws, Perez said.

The Marin County Certified Unified Programs Agency, which regulates hazardous materials and waste at about 850 businesses, was allotted $10,000 in penalties and costs, Perez said.

“We shall continue to be vigilant in the fight against

potential pollutants harming the ecosystem,” said Lori Frugoli, the county's district attorney. “Working with our Marin CUPA and state regulators, we will seek nothing less than full compliance with our environmen­tal laws.”

Lawyers for Alam and Faizan Corp. did not respond to requests for comment.

Faizan Corp. is based in Ukiah, according to the California Secretary of State's Office. It was incorporat­ed in 2002.

Aside from the San Rafael gas station, the other stations included in the complaint are at 712 Lewelling Blvd. in San Leandro; 2799 Clayton Road in Concord; 5200 Main St. in Kelseyvill­e; 998 S. State St. in Ukiah; 390 E. Gobbi St. in Ukiah; 615 Talmage Road in Ukiah; 1460 N. Lovers Lane in Ukiah; 1004 S. Main St. in Fort Bragg; 2225 Cleveland Ave. in Santa Rosa; 29029 County Road 6 in Dunnigan, Yolo County; and 1785 S. Main St. in Lakeport.

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