EPA v. WAL-MART STORES, INC. # 259

Case summary

1. SECTION 309(B) OF THE CLEAN WATER ACT ( CWA ), 33 U.S.C. SECTION 1319(B). 2. WAL-MART STORES, INC. #259, AN ARKANSAS CORPORATION SH 205 & I30 ROCKWALL, ROCKWALL COUNTY, TEXAS 75087 3. RESPONDENT WAS IN VIOLATION OF SECTION 301(A) OF THE CWA BY 1) THE STORMWATER POLLUTION PREVENTION PLAN (SWPPP) WAS NOT SIGNED AND CERTIFIED BY AN AUTHORIZED OFFICIAL OF THE DEFENDANT, 2) THE SWPPP DID NOT REFLECT THE CUR- RENT CONDITION OF THE SITE AND CONTROLS WERE NOT INPLACED OR HAD BEEN REMOVED, 3) NO INSPECTIONS OF THE STORM WATER CONTROLS AT THE SITE HAD BEEN DONE WEEKLY OR WITHIN 24 HOURS OF A RAINFALL AND NO RECORDS OF INSPECTIONS INCLU- DED IN THE SWPPP, 4) CONTRACTORS WERE NOT IDENTIFIED OR CONTRACTOR CERTIFICATIONS WERE NOT SIGNED, AND 5) SILT FENCES WERE DOWN, INLETS WERE LEFT UNPRORECTED, AND THE CONTROLS IN PLACE DID NOT REFLECT WHAT WAS SHOWN ON THE SITE MAP. 4. RELIEF SOUGHT PURSUANT TO SECTION 309(B) OF THE CWA, EPA REFERS THIS DIRECT REFERRAL TO DOJ REQUESTING INITIATION OF A CIVIL ENFORCEMENT ACTION AGAINST WAL-MART. EPA IS SEEKING CIVIL PENALTIES OF UP TO $27,500 PER DYA OF VIO- LATION FOR PAST VIOLATIONS AND POTENTIALLY AN INJUNCTION REQUIRING THE IMPLEMENTATION OF APPROPRIATE POLLUTION CONTROL MEASURES AT ITS CURRENT AND FUTURE CONSTRUCTION SITES IN REGION 6 AND POTENTIALLY OTHER PARTS OF THE NA- TION. 5. SIGNIFICANT NATIONAL PRECEDENTIAL OR FACTUAL ISSUES: THE FIRST NATIONAL REFERRAL FOR NPDES INDUSTRIAL STORM WATER VIOLATIONS DURING CONSTRUCTION ACTIVITY.

Defendants (2)

• CRAIG GENERAL CONTRACTORSNamed in complaintNamed in settlement
• WAL-MART STORE, INC.Named in complaintNamed in settlement

Facilities (2)

• WAL-MART SUPERCENTER NO 259

  782 INTERSTATE 30, ROCKWALL, TX, 75087

  Registry ID: 110008170157

• WAL MART STORE 2683

  337 RUSSELL, HADLEY, MA, 01035

  Registry ID: 110003500603

Statutes cited

• CWA 301A — Clean Water Act

Enforcement conclusions (1)

• WAL-MART STORES, INC., WESTERN BUILDERS, INC., ROGentered 2001-08-01

  Primary law: CWA

  Federal penalty: $1,000,000

Timeline (6 milestones)

• 1997-09-30Referred To Dept Of Justice
• 1997-10-03Enforcement Action Data Entered
• 2001-06-07Complaint Filed With Court
• 2001-06-07Final Order Lodged
• 2001-08-01Concluded
• 2001-08-01Final Order Entered