EPA v. WAL-MART STORES, INC. #2427

Case summary

1. SECTION 309(B) OF THE CLEAN WATER ACT ( CWA ), 33 U.S.C. SECTION 1319(B). 2. WAL-MART STORES, INC., AN ARKANSAS CORPORATION 13739 NORTH CENTRAL EXPRESSWAY DALLAS, DALLAS COUNTY, TEXAS 75243 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 OFFICAL 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 PLACED OR HAD BEEN REMOVED, 3) NO IN- SPECTIONS 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 WITH THE SWPPP, 4) NO CONTRACTOR CERTIFICATIONS SIGNED BY THE CON- TRACTORS AT THE SITE OR INCLUDED WITH THE SWPPP, AND 5) SILT FENCES WERE DOWN, INLETS WERE LEFT UNPROTECTED, AND THE CONTROLS IN PLACE DID NOT REFLECT WHAT WAS SHOWN ON THE SITE MAP AND DESCRIBED IN THE SWPPP. 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 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 ITS CURRENT AND FUTURE CONSTRUC- TION SITES IN REGION 6 AND POTENTIALLY OTHER PARTSOF THE NATION. 5. SIGNIFICANT NATIONAL PRECEDENTIAL OR FACTUAL ISSUES: THE FIRST NATIONAL REFERRAL FOR NPDES INDUSTRIAL STORM WATER VIOLATIONS DURING CONSTRUCTION ACTIVITY.

Defendants (2)

• ROGERS O'BRIEN CONSTRUCTION CO.Named in complaint
• WAL-MART STORES, INC.Named in complaint

Facilities (1)

• WAL-MART NO 2427

  13739 N CENTRAL EXPRESSWAY, DALLAS, TX, 75243

  Registry ID: 110005169316

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