1. SECTION 309(B) OF THE CLEAN WATER ACT ( CWA ), 33 U.S.C. SECTION 1319(B). 2. WAL-MART STORES, INC. #851, AN ARKANSAS CORPORATION 1700 U.S. HIGHWAY 70 WEST RUIDOSO, LINCOLN COUNTY, NEW MEXICO 88345 3. RESPONDENT WAS IN VIOLATION OF SECTION 301(A) OF THE CWA BY: 1) STORM WATER POLLUTION PREVENTION PLAN (SWPPP) WAS NOT SIGNED AND CERTIFIED BY AN AUTHORIZED OFFICIAL OF THE DEFENDANT, 2) SITE MAP WITH THE SWPPP DID NOT REFLECT CURRENT CONDITIONS AT THE SITE AND SHOWED CONTROLS THAT WERE EITHER NOT IN PLACE OR HAD BEEN REMOVED, 3) SWPPP DID NOT INCLUDE APPROPRIATE CONTROL MEASURES FOR EROSION CONTROL IN THE AREA OF THE COLLECTION AND STOCKPILING OF 400,000 CUBIC YARDS OF EXCESS MATERIALS, 4) NO INSPECTION OF THE STORM WATER CONTROLS AT THE SITE HAD BEEN DONE WEEKLY OR WITHIN 24 HOURS OF A RAINFALL AND THERE WERE NO RECORDS OF INSPECTIONS INCLUDED IN THE SWPPP, 5) NO CON- TRACTOR CERTIFICATIONS SIGNED BY THE CONTRACTORS INCLUDED IN THE SWPPP, AND 6) OPERATOR HAD STOCKPILED APPROXIMATE- LY 400,000 CUBIC YARDS OF EXCESS MATERIALS WITH NO METHOD OF EROSION CONTROL IN THE AREA OF THE STOCK PILES. 4. RELIEF SOUGHT PURSUANT TO SECTION 309(B) OF THE CWA, EPA REFERS THIS DIRECT REFERRAL TO DOJ REQUESTING INTIATION OF A CIVIL ENFORCEMENT ACTION AGAINST THE RESPONDENT. EPA IS SEEKING CIVIL PENALTIES OF UP