June 4, 2004—A Clean Water Act settlement for storm water violations at Wal-Mart store construction sites across the country has been announced by the US Environmental Protection Agency (EPA) and various other federal entities. Wal-Mart has agreed to pay a $3.1 million civil penalty, the largest for storm water violations at construction sites, and to reduce storm water runoff at its sites by instituting better control measures, thereby setting an industry standard for developers and contractors to work more closely with construction contractors.
In addition to being the nation’s largest retailer, Wal-Mart is one of the largest commercial developers in the country, building more than 200 stores each year across the United States under the brand names Wal-Mart Stores, Wal-Mart Supercenters, and Sam’s Clubs.
The complaint filed against Wal-Mart cited violations at 24 sites in nine states and included allegations of failure to obtain a permit before starting construction, failure to develop a plan to control polluted runoff from the construction site, failure to adequately install sediment and erosion controls on the sites, and failure to self-inspect sites and prevent discharges of sediments to sensitive ecosystems. Reducing sediment-laden runoff from construction sites can be achieved with relatively simple measures, but requires both developers and contractors to be vigilant about compliance throughout the construction process, says EPA.
Today’s settlement requires Wal-Mart to comply with storm water permitting requirements and ensures rigorous oversight of its 150 contractors at its construction sites across the country through an aggressive compliance program. Wal-Mart will be required to use qualified personnel to oversee construction, conduct training and frequent inspections, report to EPA, and take quick corrective actions.
In addition to paying a $3.1 million civil penalty to the United States, Tennessee, and Utah, Wal-Mart has agreed to spend $250,000 on an environmental project that will help protect sensitive wetlands or waterways in one of the affected states, which are California, Colorado, Delaware, Michigan, New Jersey, South Dakota, Tennessee, Texas, and Utah.
The settlement, the second enforcement action resulting in a settlement with Wal-Mart for violations of the Clean Water Act, was lodged May 12 for a 30-day public comment period in the US District Court for Delaware. It is available from the EPA.
