EPA v. WAL-MART STORES, INC. #851

Case summary

1. SECTION 309(B) OF THE CLEAN WATER ACT ( CWA ), 33 U.S.C. SECTION 1319(B). 2. WAL-MART STORES, INC. #851, AN ARKANSAS CORPORATION 1700 U.S. HIGHWAY 70 WEST RUIDOSO, LINCOLN COUNTY, NEW MEXICO 88345 3. RESPONDENT WAS IN VIOLATION OF SECTION 301(A) OF THE CWA BY: 1) STORM WATER POLLUTION PREVENTION PLAN (SWPPP) WAS NOT SIGNED AND CERTIFIED BY AN AUTHORIZED OFFICIAL OF THE DEFENDANT, 2) SITE MAP WITH THE SWPPP DID NOT REFLECT CURRENT CONDITIONS AT THE SITE AND SHOWED CONTROLS THAT WERE EITHER NOT IN PLACE OR HAD BEEN REMOVED, 3) SWPPP DID NOT INCLUDE APPROPRIATE CONTROL MEASURES FOR EROSION CONTROL IN THE AREA OF THE COLLECTION AND STOCKPILING OF 400,000 CUBIC YARDS OF EXCESS MATERIALS, 4) NO INSPECTION OF THE STORM WATER CONTROLS AT THE SITE HAD BEEN DONE WEEKLY OR WITHIN 24 HOURS OF A RAINFALL AND THERE WERE NO RECORDS OF INSPECTIONS INCLUDED IN THE SWPPP, 5) NO CON- TRACTOR CERTIFICATIONS SIGNED BY THE CONTRACTORS INCLUDED IN THE SWPPP, AND 6) OPERATOR HAD STOCKPILED APPROXIMATE- LY 400,000 CUBIC YARDS OF EXCESS MATERIALS WITH NO METHOD OF EROSION CONTROL IN THE AREA OF THE STOCK PILES. 4. RELIEF SOUGHT PURSUANT TO SECTION 309(B) OF THE CWA, EPA REFERS THIS DIRECT REFERRAL TO DOJ REQUESTING INTIATION OF A CIVIL ENFORCEMENT ACTION AGAINST THE RESPONDENT. EPA IS SEEKING CIVIL PENALTIES OF UP TO $27,500 PER DAY OF VIOLATION FOR PAST VIOLATIONS AND POTENTIALLY AN INJUNC- TION REQUIRING THE IMPLEMENTATION OF APPROPRIATE POLLU- TION CONTROL MEASURES AT THE CURRENT AND FUTURE CONSTRUC- TION SITES IN REGION 6 AND POTENTIALLY OTHER PARTS OF THE NATION. 5. SIGNIFICANT NATIONAL PRECEDENTIAL OR FACTUAL ISSUES: THE FIRST NATIONAL REFERRAL FOR NPDES INDUSTRIAL STORM WATER VIOLATIONS DURING CONSTRUCTION ACTIVITY.

Defendants (2)

• WAL-MART STORES, INC.Named in complaint
• WESTERN BUILDERS AMARILLO, INC.Named in complaint

Facilities (1)

• WAL-MART STORES INC

  1700 U.S. HWY 70 W, RUIDOSO, NM, 883456042

  Registry ID: 110010734848

Statutes cited

• CWA 301A — Clean Water Act

Timeline (5 milestones)

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