EPA v. WAL-MART STORES, INC. AND GERALD MARTIN LIMITED

Case summary

1. SECTION 309 OF THE CLEAN WATER ACT ( CWA ), 33 U.S.C. SECTION 1319. 2. WAL-MART STORE, INC., A DELAWARE CORPORATION GERALD MARTIN LIMITED, A NEW MEXICO CORPORATION FACILITY: WAL-MART STORE NO. 1397 10224 COORS BYPASS ALBUQUERQUE, BERNALILLO COUNTY, NEW MEXICO 87114 3. RESPONDENTS WERE IN VIOLATION OF SECTION 301 OF THE CWA BY FAILING TO COMPLY WITH THE CONDITIONS OF THE STORM WATER GENERAL PERMIT DURING CONSTRUCTION ACTIVITIES BY 1) FAILURE TO OBTAIN PERMIT COVERAGE, 2) FAILURE TO MAINTAIN RECORDS, 3) FAILURE TO IMPLEMENT AND MAINTAIN CONTROL MEASURES, 4) FAILURE TO OBTAIN REQUIRED SIGNED CERTIFICA- TION STATEMENTS FROM THE CONTRACTORS WORKING AT THE SITE, AND 5) FAILURE TO CONDUCT REQUIRED PERIODIC INSPECTIONS. 4. RELIEF SOUGHT PURSUANT TO SECTION 309 OF THE CWA, EPA RE- FERRED THIS DIRECT REFERRAL TO DOJ REQUESTING THE INITIA- TION OF A CIVIL ENFORCEMENT ACTION SEEKING INJUNCTIVE RE- LIEF AND CIVIL PENALTIES AGAINST THE RESPONDENTS.

Defendants (2)

• GERALD MARTINNamed in complaint
• WAL-MART STORES, INC.Named in complaint

Facilities (1)

• WAL-MART SUPERCENTER #1397

  10224 COORS BYPASS N.W., ALBUQUERQUE, NM, 87114

  Registry ID: 110004283720

Statutes cited

• CWA 301 — NPDES Discharge without a Permit

Timeline (5 milestones)

• 1998-11-16Referred To Dept Of Justice
• 1998-11-17Enforcement Action Data Entered
• 2001-06-07Complaint Filed With Court
• 2001-08-01Concluded
• 2001-08-01Enforcement Action Closed