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United States Files Suit Against Joseph Macchia, Jr., Lorenzo Macchia, and Five of Their Corporations for Violating Federal Leak Prevention Requirements at Five Gas Stations in Brooklyn and Queens

Release Date: 08/27/2002
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ALAN VINEGRAD, United States Attorney for the Eastern District of New York, and JANE KENNY, Regional Administrator, United States Environmental Protection Agency (EPA) Region 2, today announced the filing of a complaint in the United States District Court for the Eastern District of New York against Joseph Macchia Jr. and Lorenzo Macchia, and five corporate defendants, Northland Marketing Corporation, Asti Holding Corporation, JP Christy, Inc., Venice Equities, Inc. and EM-ESS Petroleum Corporation for repeated violations of the Resource Conservation and Recovery Act (RCRA) at five gas stations in Brooklyn and Queens.1 The violations involve underground storage tanks, which typically contain large quantities of gasoline and waste oil and can cause serious environmental damage if allowed to leak. According to the complaint, the defendants failed to (a) comply with the requirements for temporary and permanent closure of gasoline underground storage tanks, (b) maintain and upgrade the underground storage tanks containing the gasoline and waste oil, (c) conduct leak detection procedures, and (d) cooperate with the EPA by providing information about their underground storage tanks. Compliance with these requirements is vital to ensure the safety of the soil in the neighborhoods where the tanks are located. EPA inspections in 2000 and 2001 revealed numerous violations at each gas station. In its complaint, the government seeks injunctive relief requiring the defendants to comply with all applicable requirements of RCRA, as well as monetary penalties for the current violations. The complaint also seeks monetary penalties for violations of a 1997 Consent Agreement with EPA for prior violations at the same sites. In 1992, the EPA investigated over forty facilities allegedly owned by the Northland Marketing Corporation (Northland), and operated by Joseph Macchia, Jr and Lorenzo Macchia. After finding numerous RCRA violations at the facilities, the EPA filed a complaint against Northland seeking civil penalties. Pursuant to the terms of the Consent Agreement it entered with the government, Northland agreed to be penalized and to comply with the applicable law and regulations. However, the EPA inspections in 2000 and 2001 revealed that the defendants failed to abide by the terms of that Consent Agreement at the five subject facilities by, among other things, failing to implement leak detection measures. In enacting RCRA, Congress declared it to be the national policy to reduce or eliminate the generation of hazardous wastes, and also to require that any such wastes be treated, stored or disposed of so as to minimize the threat to human health and the environment. RCRA regulations protect the public from releases from underground storage systems, which typically contain petroleum products, usually waste oils and gasoline. Failure to maintain the underground storage tanks that contain petroleum can result in leaks of gasoline and waste oil, which, in turn, can contaminate groundwater. In addition, the fumes from these substances can also pose health problems by entering into the homes located above the contaminated ground water. In announcing the filing of the complaint Mr. VINEGRAD stated, “The defendants’ systematic disregard of laws designed to protect the environment and public health is not acceptable. This Office is committed to vigorous enforcement of the laws regulating hazardous wastes, particularly against repeat offenders such as the defendants in this case.” Mr. VINEGRAD expressed his appreciation to Stuart Keith, Assistant Regional Counsel, EPA, for his assistance in this case. Ms. KENNY stated, “The public should be assured that EPA will not stand idly by while owners and operators of underground storage tanks engage in practices that endanger public health and safety. The violations attributed to the defendants indicate a serious and longstanding disregard for the environment and the health and safety of their employees and residents of the densely populated neighborhoods where their facilities are located. We intend to work vigorously with the United States Attorney’s Office in the prosecution of this lawsuit.” The government’s case is being prosecuted by Assistant United States Attorney Sharon L. Volckhausen. 1 The gas stations are located at (1) 784 Jamaica Avenue, Brooklyn, New York; (2) 586 South Conduit Avenue, Brooklyn, New York; (3) 122-21 Rockaway Boulevard, Queens, New York; (4) 126 Fourth Avenue, Brooklyn, New York; and, (5) 644 Bushwick Avenue, Brooklyn, New York.