The Willow Glen Resident Photograph by Scott Lechner Pain in the Gas: The Arco Gas Station on Lincoln Avenue recently closed down when new federal standards for fuel storage safety went into effect. Arco finally evicted after eight-month legal battle Closure comes as new EPA regulations shut down hundreds of local stations By Mary Spicuzza When Susan Carothers' car broke down just after Christmas, she knew just where to turn. Or so she thought. Mechanics at George Fokos' Willow Glen Arco, on the corner of Lincoln Avenue and Willow Street, had serviced Carothers' car since she returned to the area five years ago. But after having no luck reaching Fokos by phone, she got a ride to the station from a friend. When Carothers arrived, she found a completely empty shop enclosed by a metal fence. The only explanation came from small, hand-written signs taped to each of the pumps. They read "Out of Gas." "It's bizarre," Carothers says. "It's like they'd just vanished." While the closure of the service station may seem abrupt for many patrons, it comes after months of litigation between station owner Fokos and property owners Joseph and Rose Romano. Last May, more than 30 days after Fokos' lease expired, the Romanos had entered into a new lease with tenant-in-waiting Rick Hirsh. Hirsh has been waiting since then to act on his plans for a modern, upgraded gas station. Fokos' lease expired in March 1998, but he has repeatedly requested extensions of the deadline to remove his tanks and building. For months he refused to vacate the property until he obtained a permit from the Planning Department to take the tanks with him. After the department deferred three requests by the Romanos' lawyer Albert Ruffo to issue a demolition permit for the old facility, commissioners finally agreed on Sept. 9. Fokos was then given until early October to demolish the building and remove the tanks, but failed to meet his extended deadlines. As the dispute continued through fall, Hirsh and Ruffo accused Fokos of using stall tactics to delay leaving the site. "He has used every possible tactic to stay there, and he wants you to delay," Hirsh told planning commissioners at a September hearing. "If you delay for another two years, he'll be happy." Finally, the U.S. Environmental Protection Agency's new federal regulations for gasoline service stations--which went into effect on Tuesday, Dec. 22--left no more room for foot-dragging. The nationwide policy, drafted in 1988 to prevent spills and protect groundwater, mandates fines up to $5,000 per day for any gas station using tanks that were not brought up to code by December 23, 1998. The new regulations apply to all tanks, but tanks installed before 1984 have been cited as most likely to leak, due to corrosion and lack of overfill-protection devices. Because Fokos' tanks were not up to the new standards, he would have had to close the station last month regardless of his expired lease and the ongoing eviction dispute. As it worked out, Fokos was served with an eviction notice on Dec. 15, and closed shop seven days before the new law went into effect. Willow Glen Arco thus closed within a week of 120 other stations in San Jose. About 2 percent of the nation's one million tanks now sit empty waiting to be removed or upgraded. The Willow Glen Resident made numerous attempts to reach Fokos at Willow Glen Arco and Race Street Pizza, his other place of business. There was no answer at either number. Hirsh is now waiting for the removal of the old tanks and the approval of his application for a new site plan. He hopes to open for business within 90 days. [ Back to Contents Page | Willow Glen Resident Home Page | Archives ] This article appeared in the Willow Glen Resident, January 13, 1999. ©1999 Metro Publishing, Inc. All rights reserved.