Wal-Mart's Impact to Water Quality
The new Wal-Mart Documentary is coming to Charlotte:
Weblog of Donna Lisenby, Catawba Riverkeeper®
On January 22, 2004, the Catawba Riverkeeper® prepared comments & testified as an expert witness in a conditional use permit hearing for a Wal-Mart Supercenter proposed for construction in Belmont, NC. In preparation for the hearing, the Riverkeeper® conducted an investigation at Wal-Mart stores north, south, east & west of the proposed Belmont Wal-Mart site. At those regional stores, we found without exception that Wal-Mart has a practice of storing tons of lawn & garden products on pallets outdoors in the parking lot.
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Some of these products are organic in nature - like peat moss & pine nuggets. Others contain chemicals that that are known to cause birth defects or other reproductive harm & are extremely toxic to aquatic life. Wal-Mart's practice of stockpiling tons of these chemicals outdoors in the open results in chemicals washing into storm drains when it rains. Storm drain collections systems eventually discharge accumulated rainwater to streams & tributaries of the Catawba River or to the river itself.
The Catawba River provides drinking water to 22 towns or cities in the 14 counties of the watershed. More than 1 million people rely on the river as the primary source of their drinking water.
January 21, 2004 - Pallets of Toxic Lawn
& Garden Products
stored adjacent to a storm drain in the parking lot of a
Wal-Mart Supercenter.
Wal-Mart has a track record of violating the Clean Water Act
In 2001, the Justice Department & the EPA brought enforcement action against Wal-Mart for Clean Water Act violations at 17 locations in Texas, New Mexico, Oklahoma & Massachusetts. Wal-Mart was fined $1 million in civil penalties as a result of this case.
The State of Connecticut & the Pennsylvania Department of Environmental Protection have also taken legal action against Wal-Mart for water quality violations. Richard J. Blumenthal, the Connecticut Attorney General prosecuting the water quality violations at Wal-Mart stores across Connecticut issued a statement saying,
"To be a serious statewide polluter at 11 stores gives Wal-Mart a very dubious distinction as an environmental lawbreaker. Stormwater contamination at every one of these sites creates a serious threat to water quality & public health. These contaminants may include fertilizer, pesticides, oil, & other dangerous pollutants that flow across Wal-Mart's parking lots into public water supplies. Creating this clear & present environmental danger is legally irresponsible & reprehensible."
Results of the Catawba Riverkeeper® Investigation
January 22, 2004
At the Belmont City Council Hearing on January 22, 2004 City Council members, more than 100 members of the public, Wal-Mart representatives from corporate headquarters & attorneys representing Wal-Mart were shown pictures of the toxic chemicals stockpiled at area stores. As a result of the Catawba Riverkeeper's testimony & investigation, the city of Belmont voted to prohibit Wal-Mart from storing chemicals out in the open where rainwater can wash them into the town's public water supply.
After the hearing, the Riverkeeper® spoke directly to Wal-Mart corporate representatives & requested that they contact our office to coordinate a plan for removing toxic chemicals stored in parking lots at all Wal-Marts in the Catawba River valley.
January 29, 2004
After 7 days, no one from Wal-Mart had responded. The Riverkeeper® called Wal-Mart corporate offices in Arkansas on January 29, 2004 & requested Wal-Mart take immediate action to remove the toxic chemicals & fertilizers.
January 30, 2004
Sherri McGowan, a paralegal from Wal-Mart's legal division, called back to say after two days, Wal-Mart still had not determined who was in charge of this issue at their corporation.
February 3, 2004
On February 3, because Wal-Mart still had made no substantive response to concerns about contamination of public water supplies, the Catawba Riverkeeper® contacted area news media. Channel Six News of Charlotte, an NBC affiliate, did a news story about the Wal-Mart situation. It aired on the 5:30, 6:00, 11:00 PM news shows & again the next day on the early morning news edition.
Ashley Storey, an attorney representing Wal-Mart, contacted the Riverkeeper® on the day the news story broke. He said that the company is still working to determine who is the best person at Wal-Mart to address these concerns.
February 5, 2004
As of February 5, 2004 at 5:00 PM, Wal-Mart's corporate headquarters still had not determined who in their operational structure will work with the Riverkeeper® to resolve this issue.
February 6, 2004
Tom Oppenheim, Wal-Mart's head of storm water services at the corporate headquarters in Arkansas & Ashley Storey, Wal-Mart's attorney, were contacted by the Riverkeeper® again. They were made aware that under NC law governing storage requirements for all pesticides, Wal-Mart's practices may be illegal:
Official North Carolina Administrative Code
SUBCHAPTER 9L ‑
PESTICIDE SECTION
02 NCAC 09L .1902 STORAGE REQUIREMENTS FOR ALL PESTICIDES
(f) Pesticides shall be stored in accordance with the following:
(1) storage recommendations, if any, on their labeling; and
(2) labeling on all other products, including non‑pesticide products, held in the same storage area.
(g) When unattended, pesticides shall be stored to prevent unauthorized access.
(h) Pesticides shall be stored in an area that is dry (does not accumulate water) & ventilated.
(i) Pesticide storage areas shall be free of combustible materials such as gasoline, kerosene, or petroleum solvents other than those associated with pesticide application & debris such as waste paper, rags, or used cardboard boxes which may provide an ignition source, & shall be separated from other operations which present a fire hazard such as welding or burning. Appropriate care shall be taken to minimize fire hazard potential when providing supplemental heating to storage during winter months.
SC law governing storage of pesticides requires them to be stored indoors:
RULES & REGULATIONS FOR THE ENFORCEMENT OF THE SOUTH CAROLINA PESTICIDE CONTROL ACT
Statutory Authority: Chapter 13 of Title 46 of the 1967 Code
27-1081 Safe Handling, Storage, Display, & Distribution of Pesticides.
B. Storage of pesticides in quantity (both general use (except as listed in paragraph D below) & restricted use items) by wholesalers, dealers, & retailers.
(1) All pesticides stored in quantity shall be stored in well ventilated rooms, well away from all food or feed items. The pesticides should be stored in such manner as to prevent fumes from contaminating food or feed.
(2) Pesticides should be separated during storage, preferably in bins, depending upon the type of pesticide. Each type of pesticide, i.e., herbicides, insecticides, fungicides, etc, should be stored separately from each other.
(3) Herbicides shall not be stored in a bin on top of, or located above, any other type of pesticide, to preclude accidental contamination of other pesticides by leakage or spillage.
The news that Wal-Mart may be
breaking the law has had no impact on corporate headquarters. They still have not taken any action. These chemicals
continue to be stored outdoors
in the open, on pallets in parking lots just like they were 15 days ago
when Wal-Mart was first made aware of this problem. In the meantime, it has been
raining in the Carolinas & these products may still be washing into the Catawba
River.
Want to help the Catawba Riverkeeper® protect public drinking water supplies?
1.
Join our efforts by becoming a member.
2. We would like to broaden our investigation. If you happen to visit a Wal-Mart store in the Catawba River valley, look for fertilizers, insecticides, herbicides or fungicides stored in the open where rainwater can come into contact with these chemicals. If you see these conditions, call us at 704.679.9494 & tell us what you saw or better yet, take digital pictures & Email the Catawba Riverkeeper Foundation office at crf@catawbariverkeeper.org.
Be sure to include the time, date & location of your photograph. We are particularly interested in information regarding the current status of chemical storage at Wal-Mart stores in McDowell, Burke, Alexander, Caldwell, Catawba, & Iredell counties in NC & in Chester, Lancaster, Kershaw & Fairfield counties in SC.
The Catawba Riverkeeper® would be appreciative of any information about Wal-Mart's environmental practices in the Catawba River valley. Thank you for your interest in this investigation.
Because the ultimate goal of the Riverkeeper® is to protect water quality, the organization in the position to have the fastest & most positive impact to this situation is Wal-Mart itself. We look forward to working with Wal-Mart on this issue & hope that by the end of February, Wal-Mart can say:
We responded quickly to a community concern about drinking water & aquatic life in the Catawba River valley because it was the right thing to do & because Wal-Mart cares about the communities it serves.
February 9, 2004
The Catawba Riverkeeper® conducted follow up investigations at Wal-Mart stores in Rock Hill, Gastonia, Charlotte, Lincolnton & Hickory. At the The Rock Hill Wal-Mart, the Riverkeeper spoke to Store Manager, Chad Guest. He saw the Six News story on television last Wednesday. First thing the next day, Chad began removing pesticides & fertilizers from the parking lot of the Rock Hill store. He also contacted his regional manager, Bob Davis & told Bob about the Channel Six news story.
February 9, 2004 - Pallets of Toxic Lawn
& Garden Products
stored adjacent to a storm drain in the parking lot of a
Wal-Mart Supercenter
have been removed.
Bob contacted all the stores in his region & requested that they clean up & remove pesticides & fertilizers from outdoors. All the stores mentioned above EXCEPT the Charlotte S. Tryon Street store which is not in Bob's district have removed pesticides, herbicides & fertilizers from their parking lots.
At the Rock Hill, Gastonia, Lincolnton and Hickory Wal-mart stores, organic materials such as cedar mulch, pine nuggets, potting soil & peat moss remain in the parking lots. However, the chemicals that pose such a threat to public drinking water supplies in the region because they cause birth defects, reproductive harm & are toxic to aquatic life have been removed from contact with storm water runoff.
Corporate Wal-Mart has yet to do anything about this problem but the local Wal-Mart managers & the regional manager in charge of the District #182 stores acted quickly when the story was publicized in the news. The S. Tryon Street store will be contacted shortly because the chemicals stored there are in an enclosed, gated area but under shade cloth which lets rainfall through.
The Riverkeeper® called 6News (WCNC) to say thanks for the help & great job, but most of all thanks for caring about the region enough to help shine the light on an environmental problem in such a way that it resulted in clean up. Just a few more stores to go now.
February 10, 2004
The Charlotte Observer published the following article today:
Group asks Wal-Mart to help protect river
It wants to change how retailer stores chemicals
SHARON E. WHITE
Staff Writer
The Catawba Riverkeeper® Foundation wants the public's help as part of the group's investigation to end a practice by some Wal-Mart stores.
Riverkeeper officials have requested that Wal-Mart corporate representatives coordinate a plan for the removal of toxic chemicals stored in parking lots at Wal-Mart stores near the Catawba River.
The river provides drinking water to 22 towns and cities in the 14 counties of the watershed. More than 1 million people rely on the river as the primary source of their drinking water.
Riverkeeper Donna Lisenby on Monday said Wal-Mart's corporate office had not come up with a plan to end the practice.
Wal-Mart spokesman Dan Fogleman said he could not specifically address the Catawba Riverkeeper's complaint, but the company makes every effort to comply with all laws and EPA regulations.
"Annually, our stores give back millions of dollars within their local communities specifically for environmental issues," Fogleman said. "We take all criticism seriously, and when it's valid, we take a hard look at our actions and use it as an opportunity to improve."
Lisenby asks that anyone who visits a Catawba River valley Wal-Mart store in the next 30 days to look for fertilizers, insecticides, herbicides or fungicides stored where rainwater could come into contact with the chemicals.
If you spot this, Lisenby asks that you call (704) 679-9494 or take digital pictures and e-mail to Catawba Riverkeeper Foundation at crf@catawbariverkeeper.org.
Copyright: The Charlotte Observer. Posted to this website with permission from Julie Bird, Editor Gaston Bureau
Early this morning the Catawba Riverkeeper® Foundation office began receiving information from people who read the Charlotte Observer article and visited some of the remaining Wal-mart stores.
Mooresville: A gentleman on a cell phone called from the parking lot of the Mooresville Wal-Mart to say several employees were outside sweeping the parking lot in an area where lawn and garden products were stored previously. Along the sidewalk on the outside of the store he reported that only pallets of organic materials remained (peat moss and potting soil).
Charlotte, Eastway Blvd: Someone else reported that only peat moss, pine bark and potting soil were stored in an area of the Eastway Blvd Wal-Mart store exposed to weather conditions. All other chemicals and fertilizers were stored properly underneath a roof.
That makes a grand total of at least 6 Wal-Mart stores that have quickly changed the way they stored toxic lawn and garden chemicals and fertilizers in the last 5 days. Those stores who responded quickly to community concerns about contamination of drinking water supplies are the stores located in Rock Hill, Gastonia, Lincolnton, Hickory, Mooresville, Charlotte-Eastway Blvd. The Catawba Riverkeeper Foundation extends our thanks and congratulations to these stores for their prompt and responsible actions.
Six more Wal-Mart stores need to be checked. If you are still interested in helping the Riverkeeper with this investigation, the stores remaining to be inspected are:
JW Clay Blvd, Charlotte, NC
Pineville Mathews Rd, Charlotte, NC
Morganton, NC
Camden, SC
Lancaster, SC
Chester, SC
It is beginning to appear as if some Wal-Mart stores here locally do care about their communities. It will be interesting to see if Wal-Mart will achieve 100 % compliance at their stores here in the Catawba River valley where we have requested they take action. If Wal-Mart continues at this pace they may prevent the need for the Catawba Riverkeeper® Foundation to make formal enforcement requests to the EPA, the SC Department of Environmental Control, the NC Department of Environmental and Natural Resources and the Pesticide Control Boards of North and South Carolina as well as the US Department of Agriculture.
February 24, 2004
The local newspaper, The Lake Wylie Pilot, published the following news story about the Wal-Mart situation:
Storage of toxic lawn products raises concern
After going up against the nation's largest retailer—and winning—Catawba Riverkeeper® Donna Lisenby now wants to make sure all mass distributors of toxic lawn and garden products are doing their share to protect Lake Wylie and other waterways along the Catawba River.
In mid-January, Lisenby conducted an investigation at area Wal-Mart stores along the Catawba River chain. She was disturbed by the results.
Lisenby found most Wal-Marts store toxic lawn and gardening products on outdoor pallets, most of the time in parking lots or gated (but not covered) side lots. If they remain outside during a rainstorm, the toxic chemicals from the products could wash into the Catawba River and possibly in a town's drinking water supply.
Lisenby documented her research with photos and posted the photos on the internet.
"Basically, we caught these local stores red handed," she said. "They could have denied it, but there's no wiggle room with the power of the photographic evidence."
Because of her research, the City of Belmont voted to prohibit the future Wal-Mart from storing toxic chemicals in the open. That's a smart move, says Lisenby, because the Wal-Mart will be constructed near a stream that empties into Lake Wylie just above the town's drinking water.
Since the initial investigation, regional Wal-Mart Manager Bob Davis said he contacted all stores in his area and requested they clean up and move pesticides and other products containing toxic chemicals from open areas.
Lisenby has since followed up with the Wal-Marts and is pleased with their compliance.
"We went up against the world's largest retailer and demanded that they comply with laws to protect public drinking water supplies," she said. "The end result was that Wal-Mart complied. We feel very good about being able to speak for the needs of a river and we'll continue doing that as long as the people of Lake Wylie want an active Riverkeeper."
Although she won a major battle, Lisenby doesn't plan to stop fighting.
"The next step in the investigation is to move on to other superstores like Lowes, Home Depot and K-Mart," she said.
However, Lisenby admitted she can't do it alone, and she's now asking for the public's help.
Lisenby is asking that anybody who visits an area superstore, including Wal-Mart, to look for fertilizers, pesticides and other toxic chemical products. If the products are kept outdoors or anywhere else where rainwater could reach them, shoppers are encouraged to call (704) 679-9494.
The Catawba Riverkeeper® Foundation will keep you informed about the course of action the remaining Wal-Mart stores take. And, we will file follow-up reports with the City of Belmont so they can determine whether enforcement clauses are needed in the conditional use permit to compel Wal-Mart to take prompt action.
