EPA v. WAL-MART STORES, INC. - SILVER CITY, 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 #1357, AN ARKANSAS CORPORATION 2500 HIGHWAY 180 EAST SILVER CITY, GRANT COUNTY, NEW MEXICO 88061 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 PLANS 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 OR WITHIN 24 HOURS OF A RAINFALL AND THERE WERE NO RECORDS OF INSPECTIONS INCLUD- ED IN THE SWPPP, AND (5) NO CONTRACTOR CERTIFICATIONS SIGNED BY THE CONTRACTORS AT THE SITE OR IN THE SWPPP. 4. RELIEF SOUGHT PURSUANT TO SECTION 309(B) OF THE CWA, EPA SUBMITS 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 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)

• JAYNES CORPORATIONNamed in complaint
• WAL-MART STORES, INC.Named in complaint

Facilities (1)

• WAL-MART SUPER CTR #1357

  2500 HWY 180 E, SILVER CITY, NM, 88061

  Registry ID: 110006091610

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