EPA v. WALMART, INC

Case summary

MARCH 6, 2023 - CONSENT AGREEMENT: An inspection conducted by an EPA-authorized inspector on May 7, 2019, showed there were two ponds filled with stormwater drainage located in the southerly portion of the property. The UIC Permit No. KYV0039 details southeastern and southwestern basins collect all stormwater drainage on the property using a system of drains and piping to direct fluids to the Subject Well for disposal, which is located in the northwestern basin. A site visit conducted by the EPA on August 11, 2021, showed the Subject Well was a large stormwater drainage system for surface water discharge. On January 6, 2021, the EPA sent Respondent an Information Request Letter (IRL) to determine compliance of the Subject Well. Respondent emailed responses to the IRL, and participated in meetings to discuss the compliance status of the Subject Well. The Well Rework Record, Plugging and Abandonment Plan or Plugging Affidavit, Form No.7520-19, was submitted to the EPA by Respondent on March 19, 2021. However, the form was not certified as accurate by the person who performed the plugging operation as required. Additionally, Respondent indicated the Subject Well was plugged and abandoned on an unknown date in the Year 2007, in a manner that Respondent believes was in accordance with the Plugging and Abandonment Plan Approval letter, dated June 28, 2007. Respondent provided no records to show what work was performed on the Subject Well, nor on what dates. Where actual plugging differs from the plan requires an updated version of the plan to be submitted specifying the differences. Respondent did not submit to EPA an updated version of the plan to specify the changes from the approved plan. Existing conditions of the Subject Well, reported by Respondent in the Affidavit, include a 10-inch metal pipe extending 12 feet above ground surface, with a water-tight plug made of mortar, located at 29 feet below ground surface; with four feet of water standing atop the mortar, inside the well. Based on these conditions, the following procedures required by the Plugging and Abandonment Plan Approval letter, dated June 28, 2007, were not executed during plugging and abandonment of the Subject Well: The casing was not excavated for placement of a clay cap, nor was the casing filled with shot rock to a depth of five feet below the existing surface elevation; the casing was not cut off at the bottom of the excavation depth as required; Class A cement was not used to fill the interior of the well, nor was Class A cement filling an excavated area around the well; compacted, highly plastic clays, were not added to cover any hardened cement; nor tying the backfill into the already existing clay around the sinkhole to crown the backfill and ensure that no standing water will reopen the sinkhole. On June 9, 2021, EPA sent Respondent, a Notice of Potential Violation and Opportunity to Confer (NOPVOC), via email, regarding potential violations of the SDWA. Respondent confirmed receipt of the NOPVOC the same day, June 9, 2021. Respondent failed to properly close, plug, and abandon the Subject Well in conformance with the requirements which prohibit injection wells from being constructed, operated, maintained, plugged or abandoned in a manner that could allow the movement of fluid containing any contaminant into underground sources of drinking water if the presence of that contaminant may cause a violation of any primary drinking water regulation or may otherwise adversely affect the health of persons.

Defendants (1)

• WALMART, INC.Named in complaintNamed in settlement

Facilities (1)

• WALMART, INC.

  14800 FORT CAMPBELL BOULEVARD, OAK GROVE, KY, 42262

  Registry ID: 110022476453

Statutes cited

• SDWA 1422/1423 — UIC Regulations Classes I - V

Enforcement conclusions (1)

• WALMART, INCentered 2023-03-06

  Primary law: SDWA

  Federal penalty: $51,856

Timeline (4 milestones)

• 2023-03-06Final Order Issued
• 2023-03-06Complaint Filed/Proposed Order
• 2023-03-22Enforcement Action Data Entered
• 2023-04-24Enforcement Action Closed