EPA v. Wal-Mart Stores, Inc. (Dayton, TN, Store) (NATIONAL CASE)

Case summary

7/1/03 - REFERRAL SENT TO DOJ. On July 1, 2003, Region 4 referred to the Department of Justice for civil enforcement violations of Walmart Stores, Inc.'s NPDES construction storm water permit at its Dayton, Tennessee facility. The State of Tennessee consented to this referral and is contemplating joining the United States as a co-plaintiff. Region 4 joins other regions in this referral to DOJ as a result of Walmart's consistent violation of construction storm water permit requirements at construction sites of new stores across the country. This national referral action is being taken despite the fact that Walmart previously settled with EPA in 2001 in the Walmart I case for similar, prior violations at constructions sites in several EPA regions. Inspections of new sites since 2001 revealed that Walmart had not altered its nationwide construction practices to properly manage storm water as required by the Walmart I settlement. At its Dayton, Tennessee construction site, Walmart and it's contractor, Charles & Vincent Construction Company, L.L.C., had obtained storm water general permit coverage but failed to properly design, implement and maintain erosion and sediment controls. Region 4's referral also includes for background and history of non-compliance purposes, evidence of recent, similar permit violations at Walmart's Acworth, Georgia and East Ellijay, Georgia sites. Georgia's Environmental Protection Division has already taken enforcement actions addressing the violations at these sites

Defendants (1)

• WALMART STORES, INC.Named in complaintNamed in settlement

Facilities (1)

• WAL-MART

  HWY 27, DAYTON, TN, 37402

  Registry ID: 110014408079

Statutes cited

• CWA 301/402 — NPDES Permit Violations

Enforcement conclusions (1)

• Wal-Mart Stores, Inc. (Dayton, TN, Store) (NATIONAL CASE)entered 2005-09-22

  Primary law: CWA

  Federal penalty: $35,500 · State/local: $62,000

Timeline (7 milestones)

• 2003-07-01Referred To Dept Of Justice
• 2003-07-31Enforcement Action Data Entered
• 2004-05-12Final Order Lodged
• 2004-05-12Complaint Filed With Court
• 2005-09-22Concluded
• 2005-09-22Final Order Entered
• 2011-01-03Enforcement Action Closed