NOTICE OF VIOLATION
Via Certified Mail# Via Certified
Mail#
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To: |
Wal-Mart
Stores Inc. |
Wal-Mart
Stores Inc. |
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H.
Lee Scott, Jr., President |
CT
Corporation System |
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Cause No. 2006-16296-W
Based on an investigation, the Indiana Department of Environmental
Management ("IDEM") has reason to believe that Wal-Mart Stores Inc.
("Respondent") has violated environmental rules and statutes. The violations are based on the following:
1.
The Respondent owns and operates a sanitary wastewater sewer
and lift station located in the City of
2.
Pursuant to IC 13-30-2-1, no person may discharge, emit,
cause, allow, or threaten to discharge, emit, cause, or allow any contaminant
or waste including any noxious odor, either alone or in combination with
contaminants from other sources, into the environment or into any publicly
owned treatment works in any form which causes or would cause pollution that
violates or would violate rules, standards, or discharge or emission
requirements adopted by the appropriate board under the environmental management
laws.
3.
Pursuant to IC 13-18-4-5, it is unlawful for any person to
throw, run, drain, or otherwise dispose into any of the streams or waters of
Indiana; or cause, permit, or suffer to be thrown, run, drained, allowed to seep,
or otherwise disposed into any waters; any organic or inorganic matter that
causes or contributes to a polluted condition of any waters, as determined by a
rule of the board adopted under IC 13-18-4-1 and IC 13-18-4-3.
4.
Pursuant to 327 IAC 5-2-2, any discharge of pollutants into
the waters of the state as a point source discharge, except for exclusions made
in 327 IAC 5-2-4, is prohibited unless in conformity with a valid NPDES permit
obtained prior to the discharge.
5.
Pursuant to 327 IAC 2-1-6(a)(1), all waters at all times and
at all places, including the mixing zone, shall meet the minimum conditions of
being free from substances, materials, floating debris, oil, or scum
attributable to municipal, industrial, agricultural, and other land use practices,
or other discharges:
A. that will settle to form putrescent or otherwise
objectionable deposits;
B. that are in amounts sufficient to be unsightly or
deleterious;
C. that produce color, visible oil sheen, odor, or other
conditions in such degree as to create a nuisance;
D. which are in amounts sufficient to be acutely toxic to, or to
otherwise severely injure or kill aquatic life, other animals, plants, or
humans; and
E. which are in concentrations or combinations that will cause
or contribute to the growth of aquatic plants or algae to such degree as to
create a nuisance, be unsightly, or otherwise impair the designated uses.
6.
Pursuant to 327 IAC 2-6.1-7, any person who operates,
controls, or maintains any mode of transportation or facility from which a
spill occurs shall, upon discovery of a reportable spill to the soil or surface
waters of the state, do the following:
A. contain the spill, if possible, to prevent additional spilled
material from entering the waters of the state.
B. undertake or cause others to undertake activities needed to
accomplish a spill response.
C. as soon as possible, but within two hours of discovery,
communicate a spill report to the Department of Environmental Management,
Office of Environmental Response at 1-888-233-7745.
D. submit to the Department of Environmental Management a
written copy of the spill report, if requested in writing by the department.
E. except from modes of transportation other than pipelines,
exercise due diligence and document attempts to notify the following:
i. for spills to surface water that cause damage, the nearest
affected downstream water user located within ten miles of the spill and in the
state of
ii. for spills to soil outside the facility boundary, the affected
property owner or owners, operator or operators, or occupant or occupants.
7.
An investigation conducted by IDEM indicates that discharges
of untreated sewage occurred from Respondent's sanitary wastewater sewer and
lift station as follows:
A. On
July 28, 2003, IDEM received a compliant that a lift station located on the
south side of the Wal-Mart store at State Road 62 and
B. On
July 25, 2005, IDEM received a complaint that a lift station at the Wal-Mart at
C. On September 27, 2005, IDEM received a complaint that water
samples taken down stream of the Wal-Mart store at
D. On September 18, 2006, IDEM received a complaint that the
lift station at the Wal-Mart store at
In
accordance with IC 13-30-3-3, the Commissioner is required to notify an alleged
violator in writing that a violation may exist and offer an opportunity to
enter into an Agreed Order providing for the actions required to correct the
violations and for the payment of a civil penalty. The Commissioner is not required to extend
this offer for more than 60 days.
Entering
into an Agreed Order will prevent the issuance of a Notice and Order of the Commissioner
under IC 13-30-3-4, or the filing of a civil court action under IC
13-14-2-6. IDEM encourages settlement by
Agreed Order, thereby saving time and resources. Timely settlement by Agreed Order may result
in a reduced civil penalty. Settlement
discussions will also allow the opportunity to present any mitigating factors
that may be relevant to the violations.
In addition, as provided in IC 13-30-3-3, an alleged violator may enter
into an Agreed Order without admitting that the violation occurred.
If
settlement is not reached within 60 days of receipt of this Notice of
Violation, the Commissioner may issue a Notice and Order containing the actions
that must be taken to achieve compliance, the required time frames, and an
appropriate civil penalty. Pursuant to
IC 13-30-4-1, the Commissioner may assess penalties of up to $25,000 per day
for each violation.
Please
contact Terry Ressler, case manager, at 317/232-8433 within fifteen (15) days
after receipt of this Notice to discuss resolution of this matter.
For the Commissioner:
Signed on December 12, 2006
Date: _______________
Lori Kyle Endris
Acting Branch Chief
Office of Enforcement
cc: Jefferson County Health Department
City of
B.J. Hicks, Environmental Compliance Manger, Wal-Mart
Stores, Inc.