EPA v. WAL-MART STORES, INC. #284

Case summary

1. SECTION 309(B) OF THE CLEAN WATER ACT ( CWA ), 33 U.S.C. SECTION 1319(B). 2. WAL-MART STORES, INC. #284, AN ARKANSAS CORPORATION 930 WALNUT CREEK DRIVE MANSFIELD, TARRANT COUNTY, TEXAS 76063 3. RESPONDENT WAS IN VIOLATION OF SECTION 301(A) OF THE CWA BY: 1) STORM WATER POLLUTION PREVENTION PLAN (SWPPP) WAS NOT SIGNED BY AN AUTHORIZED OFFICAL OF THE DEFENDANT, 2) THE SITE MAP WITH THE SWPPP DID NOT REFLECT CURRENT CON- DITIONS AT THE SITE AND SHOWED CONTROLS THAT WERE NOT IN PLACE, AND THE PLANS HAD NOT BEEN CHANGED TO REFLECT THE ONGOING NEEDS FOR CONTROL MEASURES FOR THE PROJECT, 3) NO INSPECTIONS OF THE STORM WATER CONTROLS AT THE SITE HAD BEEN DONE WEEKLY OR WITHIN 24 HOURS OF A RAINFALL AND AND THERE WERE NO RECORDS OF INSPECTIONS INCLUDED IN THE SWPPP, 4) SWPP HAD NOT BEEN IMPLEMENTED AT THE SITE AND NO CONTROL MEASURES WERE IN PLACE, AND 5) NO CONTRACTOR CERTIFICATIONS SIGNED BY THE CONTRACTORS AT THE SITE OR INCLUDED 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 APROPRIATE 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)

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

Facilities (1)

• WAL-MART STORES INC

  930 WALNUT CREEK DR, MANSFIELD, TX, 76063

  Registry ID: 110010734857

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