EPA v. Whole Foods Market Rocky Mountain/Southwest LP

Case summary

On August 26, 2014, NMED referred a matter to the EPA, Region 6 for further investigation and enforcement. After several discussions with NMED, EPA Region 6 began its own investigation of Whole Foods, which ran the period of August 2014 through August 2015. During this period, EPA conducted a RCRA investigation and record review of Whole Foods? activities as a generator of hazardous waste in Region 6, issued an RCRA information request dated August 18, 2015, and on November 24, 2015, Whole Foods provided EPA with a response to the RCRA 3007 information request. The summation of the investigation by Region 6 formed the predicate for this enforcement action. The settlement is structured in five (5) CAFOs, each reflecting respective locations in each Region 6 state. The settlement addresses two (2) main RCRA violations at several facilities across the five states in Region 6, which are failure to: (1) make adequate hazardous waste determinations on several waste streams; and (2) comply with the universal waste requirements. In addition to the injunctive relief and penalty set forth in each CAFO, Respondent has also agreed to perform an environmental SEP valued at $500,000. This SEP will be performed across all facilities in the state of Texas and will consist of financing, developing, and hosting a series of compliance promotion activities through several different media. The objective of the SEP is to educate the retail industry, particularly smaller retailers, in the state of Texas about the hazardous waste laws and regulations that apply to their operations. Additionally, Respondent has agreed to investigate and, if feasible, engage a third-party consultant to implement an electronic hazardous waste identification system across all Region 6 facilities, valued at $500,000. The electronic hazardous waste identification system would enhanced Whole Foods? compliance of RCRA. Region 6 filed the 5 CAFOs on September 19, 2016. The total penalty is $3,510,770. The penalty is reflected in each CAFO, respectively as: AR-101,970; LA-509,850; NM-407,880; OK-365,910; and TX- 2,185,160.

Defendants (1)

• Whole Foods Market Rocky Mountain/Southwest LPNamed in complaintNamed in settlement

Facilities (29)

• WHOLE FOODS MARKET

  10133 LOUETTA ROAD, HOUSTON, TX, 77070

  Registry ID: 110069555145

• WHOLE FOODS MARKET

  8190 PARK LANE, SUITE 351, DALLAS, TX, 75231

  Registry ID: 110069555127

• WHOLE FOODS MARKET

  105 STACY ROAD, FAIRVIEW, TX, 75069

  Registry ID: 110069555136

• WHOLE FOODS MARKET

  801 EAST LAMAR BLVD., ARLINGTON, TX, 76011

  Registry ID: 110069550373

• WHOLE FOODS MARKET

  1700 POST OAK BLVD. STE. 100, HOUSTON, TX, 77056

  Registry ID: 110069550809

• WHOLE FOODS MARKET

  11700 PRESTON ROAD, DALLAS, TX, 75230

  Registry ID: 110069554850

• WHOLE FOODS MARKET

  18403 BLANCO ROAD, SAN ANTONIO, TX, 78258

  Registry ID: 110069554823

• WHOLE FOODS MARKET

  9607 RESEARCH BOULEVARD, AUSTIN, TX, 78759

  Registry ID: 110069550596

• WHOLE FOODS MARKET

  12601 HILL COUNTRY BOULEVARD, SAN ANTONIO, TX, 78738

  Registry ID: 110069554832

• WHOLE FOODS MARKET

  1407 SOUTH VOSS ROAD, HOUSTON, TX, 77057

  Registry ID: 110069550140

• WHOLE FOODS MARKET

  2118 ABRAMS ROAD, DALLAS, TX, 75214

  Registry ID: 110069546904

• WHOLE FOODS MARKET

  2510 MCKINNEY AVENUE, DALLAS, TX, 75201

  Registry ID: 110069550587

• WHOLE FOODS MARKET

  4004 BELLAIRE BOULEVARD, HOUSTON, TX, 77025

  Registry ID: 110069547244

• WHOLE FOODS MARKET

  525 N. LAMAR BLVD., AUSTIN, TX, 78703

  Registry ID: 110041884869

• WHOLE FOODS MARKET

  4041 WALLER CREEK, HIGHLAND VILLAGE, TX, 75077

  Registry ID: 110069555476

• …and 14 more

Statutes cited

• RCRA 3002 — Standards Applicable to Generators of Hazardous Waste

Enforcement conclusions (1)

• Whole Foods Market Rocky Mountain/Southwest LPentered 2016-09-19

  Primary law: RCRA

  Federal penalty: $2,185,160 · SEP: $500,000

Timeline (3 milestones)

• 2016-09-19Complaint Filed/Proposed Order
• 2016-09-19Final Order Issued
• 2016-09-28Enforcement Action Data Entered