EPA v. WAL-MART STORES, INC. - CARLSBAD, AN ARKANSAS CORPORATION

Case summary

1. SECTION 309(B) OF THE CLEAN WATER ACT ( CWA ), 33 U.S.C. SECTION 1319(B). 2. WAL-MART SUPER CENTER #868, AN ARKANSAS CORPORATION CENTER STREET & U.S. 62 - 180 CARLSBAD, EDDY COUNTY, NEW MEXICO 88220 3. RESPONDENT WAS IN VIOLATION OF SECTION 301(A) OF THE CWA BY: (1) STORM WATER POLLUTION PREVENTION PLAN (SWPPP) NOT IMPLEMENTED AND NO CONTROL MEASURES IN PLACE, (2) SWPPP NOT SIGNED AND CERTIFIED BY AN AUTHORIZED OFFICIAL OF THE DEFENDANT, (3) SITE MAP WITH THE SWPPP DID NOT REFLECT CURRENT CONDITIONS AT THE SITE AND SHOWED CONTROLS THAT WERE NOT IN PLACE, AND THE PLAN HAD NOT BEEN CHANGED TO REFLECT THE ONGOING NEEDS FOR CONTROL MEASURES FOR THE PROJECT, (4) NO INSPECTIONS OF THE STORM WATER CONTROLS AT THE SITE HAD BEEN DONE WEEKLY OE WITHIN 24 HOURS OF A RAINFALL AND THERE WERE NO RECORDS OF INSPECTIONS IN- CLUDED IN THE SWPPP, AND (5) NO CONTRACTOR CERTIFICATIONS SIGNED BY THE CONTRACTORS AT THE SITE 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 REQURING 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)

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

Facilities (1)

• WAL-MART STORE #868

  CENTER ST & US 62-180, CARLSBAD, NM, 882206520

  Registry ID: 110010655371

Statutes cited

• CWA 301A — Clean Water Act

Timeline (5 milestones)

• 1998-06-01Referred To Dept Of Justice
• 1998-06-03Enforcement Action Data Entered
• 2001-06-07Complaint Filed With Court
• 2001-08-01Concluded
• 2001-08-01Enforcement Action Closed