EPA v. WALMART, INC. (WALMART DISTRIBUTION CENTER #7034)

Case summary

On May 2, 2023, EPA Region III filed an Expedited Settlement Agreement and Final Order, simultaneously commencing and concluding an administrative action proceeding against Walmart Distribution Center #7034 ( Walmart DC ) located at 100 Walton Way, Smyrna, DE ( Facility ) for alleged violations of the Resource Conservation and Recovery Act ( RCRA ) and the authorized Delaware Regulations Governing Hazardous Waste ( DeRGHW ) discovered during EPA's compliance evaluation inspection of the Facility on May 26, 2022 . RCRA gives EPA the authority to control hazardous waste from the cradle-to-grave. This includes the generation, transportation, treatment, storage and disposal of hazardous waste. To that end, EPA develops regulations, guidance and policies that ensure the safe management and cleanup of solid and hazardous waste, and programs that encourage source reduction and beneficial reuse. Walmart DC operates a warehouse and regional distribution center. Hazardous waste is generated through warehouse operations which include receiving damaged products. The violations in the settlement include operation without a hazardous waste permit, failure to make a waste determination at the point of generation, treating hazardous waste without a permit, having an open container of hazardous waste open when not adding or removing waste, failure to close a container with a universal waste battery. Region 3 notified DNREC, which had no objections to this action. Per the terms of the Expediated Settlement Agreement, Walmart DC will pay a civil penalty in the amount of $6,250.00.

Defendants (1)

• WALMART, INC.Named in complaintNamed in settlement

Facilities (1)

• WALMART DISTRIBUTION CENTER #7034

  100 WALTON WAY, SMYRNA, DE, 19977

  Registry ID: 110020745826

Statutes cited

• RCRA 3002 — Standards Applicable to Generators of Hazardous Waste

Enforcement conclusions (1)

• WALMART, INC. (WALMART DISTRIBUTION CENTER # 7034entered 2023-05-02

  Primary law: RCRA

  Federal penalty: $6,250

Timeline (4 milestones)

• 2023-05-02Complaint Filed/Proposed Order
• 2023-05-02Final Order Issued
• 2023-06-05Enforcement Action Closed
• 2023-06-22Enforcement Action Data Entered