7/1/03 - REFERRAL SENT TO DOJ. On July 1, 2003, Region 4 referred to the Department of Justice for civil enforcement violations of Walmart Stores, Inc.'s NPDES construction storm water permit at its Dayton, Tennessee facility. The State of Tennessee consented to this referral and is contemplating joining the United States as a co-plaintiff. Region 4 joins other regions in this referral to DOJ as a result of Walmart's consistent violation of construction storm water permit requirements at construction sites of new stores across the country. This national referral action is being taken despite the fact that Walmart previously settled with EPA in 2001 in the Walmart I case for similar, prior violations at constructions sites in several EPA regions. Inspections of new sites since 2001 revealed that Walmart had not altered its nationwide construction practices to properly manage storm water as required by the Walmart I settlement. At its Dayton, Tennessee construction site, Walmart and it's contractor, Charles & Vincent Construction Company, L.L.C., had obtained storm water general permit coverage but failed to properly design, implement and maintain erosion and sediment controls. Region 4's referral also includes for background and history of non-compliance purposes, evidence of recent, similar permit violations at Walmart's Acworth, Georgia and East Ellijay, Georgia sites. Georgia's Environmental Protection Division has already taken enforcement actions addressing the