EPA v. WAL-MART STORES, INC., DALMAC CONSTRUCTION, CONSTRUCTION SUP

Case summary

1. SECTION 309(G) OF THE CLEAN WATER ACT ( CWA ), 33 U.S.C. SECTION 1319(G). 2. FACILITIES: 1) WAL-MART #2724 1107 NORTH SHAVER PASADENA, HARRIS COUNTY, TEXAS 77506 CONTRACTOR: CONSTRUCTION SUPERVISORS, INC. - TXR10HF09 2) WAL-MART #1279 10411 NORTH INTERSTATE 45 HOUSTON, HARRIS COUNTY, TEXAS 77038 CONTRACTOR: CONSTRUCTION SUPERVISORS, INC. - TXR10HQ08 3) WAL-MART #2718 9555 SOUTH POST OAK ROAD HOUSTON, HARRIS COUNTY, TEXAS 77096 CONTRACTOR: MC MANAGEMENT DEVELOPMENT, INC. - 4) WAL-MART #915 11210 WEST AIRPORT ROAD STAFFORD, FORT BEND, TEXAS 77477 CONTRACTOR: DALMAC CONSTRUCTION - TXR10HU55 3. RESPONDENTS WERE 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 OFFICIAL 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 PLACE OR HAD BEEN REMOVED; 3) SWPPP DID NOT INCLUDE APPROPRIATE CONTROL MEASURES FOR EROSION CONTROL IN THE AREA OF THE COLLECTION AND STOCKPILING OF EXCESS MATERIALS; 4) NO INSPECTION 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 INSPECT- ION INCLUDE IN THE SWPPP; 5) NO CONTRACTOR CERTIFICATIONS SIGNED BY THE CONTRACTORS INCLUDED IN THE SWPPP; AND 6) OPERATOR HAD STOCKPILED EXCESS MATERIALS WITH NO METHOD OF EROSION CONTROL IN THE AREA OF THE STOCKPILES. 4. RELIEF SOUGHT PURSUANT TO SECTION 309(G) OF THE CWA, EPA REFERRED THIS DIRECT REFERRAL REQUESTING DOJ INITIATE A CIVIL ENFORCEMENT ACTION FOR INJUNCTIVE AND OTHER RELIEF AGAINST THE VIOLATORS.

Defendants (8)

• WAL-MART #2718Named in complaint
• WAL-MART #2724Named in complaint
• WAL-MART #849Named in complaint
• WAL-MART #915Named in complaint
• CONSTRUCTION SUPERVISORS, INC.Named in complaint
• DALMAC CONSTRUCTIONNamed in complaint
• MC MANAGEMENT DEVELOPMENT, INC.Named in complaint
• WAL-MART #1279Named in complaint

Facilities (5)

• WAL-MART STORE #1279 EXPANS.

  10411 NORTH INTERSTATE 45, HOUSTON, TX, 77038

  Registry ID: 110010130928

• WAL-MART STORES EAST, INC.

  1107 NORTH SHAVER, PASADENA, TX, 77506

  Registry ID: 110006801648

• WAL-MART #2718

  9555 S POST OAK RD, HOUSTON, TX, 77096

  Registry ID: 110012255503

• WAL-MART NO 915

  11210 W AIRPORT BLVD, STAFFORD, TX, 77477

  Registry ID: 110005172918

• WAL-MART #849

  INTERSTATE 45 & LOVETTA RD, HOUSTON, TX, 77038

  Registry ID: 110010659331

Statutes cited

• CWA 301 — NPDES Discharge without a Permit

Timeline (5 milestones)

• 1999-12-06Referred To Dept Of Justice
• 2000-06-12Enforcement Action Data Entered
• 2001-06-07Complaint Filed With Court
• 2001-08-01Concluded
• 2001-08-01Enforcement Action Closed