1. SECTION 309(B) OF THE CLEAN WATER ACT ( CWA ), 33 U.S.C. SECTION 1319(B). 2. WAL-MART STORES, INC. #277, AN ARKANSAS CORPORATION 1705 SOUTH BROADWAY STREET MOORE, CLEVELAND COUNTY, OKLAHOMA 73160 3. RESPONDENT WAS IN VIOLATION OF SECTION 301(A) OF THE CWA BY: 1) STORM WATER POLLUTION PREVENTION PLAN WAS SIGNED AND CERTIFIED BY AN AUTHORIZED OFFICIAL OF THE DEFENDANT, 2) THE SITE MAP DID NOT REFLECT CURRENT CONDITIONS AT THE SITE AND SHOWED CONTROLS THAT WERE EITHER NOT IN PLACE 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 THERE WERE NO RECORDS OF INSPECT- IONS INCLUDED IN THE SWPPP, 4) NO CONTRACTOR CERTIFICA- TIONS SIGNED BY THE CONTRACTORS AT THE SITE OR INCLUDED IN THE SWPPP, AND 5) SILT FENCES WERE DOWN, INLETS WERE LEFT UNPROTECTED, AND CONTROLS IN PLACE DID NOT REFLECT WHAT'S SHOWN ON THE SITE MAP AND DESCRIBED IN THE SWPPP. 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 THE RESPONDENT. EPA IS SEEKING CIVIL PENALTIES OF UP TO $27,500 PER DAY OF VIOLATION FOR PAST VIOLATIONS AND POTENTIALLY A INJUNC- TION REQUIRING THE IMPLEMENTATION OF APPROPRIATE POLLU- TION CONTROL MEASURES AT ITS CURR