1. SECTION 309(B) OF THE CLEAN WATER ACT ( CWA ), 33 U.S.C. SECTION 1319(B). 2. WAL-MART STORES, INC. #259, AN ARKANSAS CORPORATION SH 205 & I30 ROCKWALL, ROCKWALL COUNTY, TEXAS 75087 3. RESPONDENT WAS IN VIOLATION OF SECTION 301(A) OF THE CWA BY 1) THE STORMWATER POLLUTION PREVENTION PLAN (SWPPP) WAS NOT SIGNED AND CERTIFIED BY AN AUTHORIZED OFFICIAL OF THE DEFENDANT, 2) THE SWPPP DID NOT REFLECT THE CUR- RENT CONDITION OF THE SITE AND CONTROLS WERE NOT INPLACED OR HAD BEEN REMOVED, 3) NO INSPECTIONS OF THE STORM WATER CONTROLS AT THE SITE HAD BEEN DONE WEEKLY OR WITHIN 24 HOURS OF A RAINFALL AND NO RECORDS OF INSPECTIONS INCLU- DED IN THE SWPPP, 4) CONTRACTORS WERE NOT IDENTIFIED OR CONTRACTOR CERTIFICATIONS WERE NOT SIGNED, AND 5) SILT FENCES WERE DOWN, INLETS WERE LEFT UNPRORECTED, AND THE CONTROLS IN PLACE DID NOT REFLECT WHAT WAS SHOWN ON THE SITE MAP. 4. RELIEF SOUGHT PURSUANT TO SECTION 309(B) OF THE CWA, EPA REFERS THIS DIRECT REFERRAL TO DOJ REQUESTING INITIATION OF A CIVIL ENFORCEMENT ACTION AGAINST WAL-MART. EPA IS SEEKING CIVIL PENALTIES OF UP TO $27,500 PER DYA OF VIO- LATION FOR PAST VIOLATIONS AND POTENTIALLY AN INJUNCTION REQUIRING THE IMPLEMENTATION OF APPROPRIATE POLLUTION CONTROL MEASURES AT ITS CURRENT A