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WAL-MART II STORM WATER SETTLEMENT

The largest settlement for storm water violations EPA and DOJ have achieved

On Wednesday, May 12, 2004, the Department of Justice and the U.S. Environmental Protection Agency, along with the U.S. Attorney's office for the District of Delaware and the States of Tennessee, and Utah reached a Clean Water Act settlement for storm water violations at Wal-Mart store construction sites across the country. Under this Clean Water Act settlement, Wal-Mart has agreed to pay $3.1 million civil penalty and reduce storm water runoff at its sites by instituting better control measures. Storm water runoff is one of the most significant sources of water pollution in the nation, comparable to contamination from industrial and sewage sources. This settlement sets a very high bar for regulation of this pervasive problem

Wal-Mart is one of the largest commercial developers in the country, building well over 200 stores each year across the U. S. under the brand names Wal-Mart Stores, Wal-Mart Supercenters, and Sam's Clubs.

"Storm water requirements have been in place for a long time. Developers like Wal-Mart must share responsibility with their construction contractors to ensure compliance," said Assistant Attorney General Thomas L. Sansonetti of the Justice Department's Environment and Natural Resources Division. "Today's settlement is a strong signal of this Administration's commitment to increase enforcement of our nation's environmental laws and regulations."

"Runoff from construction sites is a primary contributor to the impairment of water quality in the nation. EPA is vigorously enforcing federal regulations to help reduce this problem," said Thomas V. Skinner, acting Assistant Administrator of EPA's Office of Enforcement and Compliance Assurance. "I want to commend Wal-Mart for negotiating a settlement that will be good for the environment and good for business."

Today's settlement is the second enforcement action resulting in a settlement with Wal-Mart for violations of the Clean Water Act. In 2001, Wal-Mart and several contractors entered into a settlement with the U.S. to address storm water violations at 17 sites in several states. The settlement included a penalty of $1 million and required Wal-Mart to develop a storm water training program for its contractors and to inspect and oversee storm water controls at construction sites. EPA subsequently determined through inspections that Wal-Mart had not achieved consistent compliance at construction sites.

The settlement resolves violations of discharging pollutants without a permit and violations of storm water regulations by Wal-Mart and its contractors for alleged violations at over 24 construction sites in California, Colorado, Delaware, Michigan, New Jersey, South Dakota, Tennessee, Texas and Utah. The settlement includes a civil penalty of $3.1 million, and an environmental project costing $250,000 that will protect sensitive wetlands or waterways in one of the affected states. This settlement requires Wal-Mart to comply with storm water permitting requirements and ensures rigorous oversight of its 150 contractors. Wal-Mart will be required to use qualified personnel to oversee construction, conduct training and frequent inspections, report to EPA and take quick corrective action.

The settlement was lodged today for a 30-day public comment period in the United States District Court for Delaware.

Enforcement Programs

For additional information, contact:

Lauren Kabler
U.S. EPA
1200 Pennsylvania Avenue, NW (2243A)
Washington, DC 20460
(202) 564-4052
kabler.lauren@epa.gov

Civil Enforcement | Cleanup Enforcement | Criminal Enforcement

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