EPA v. Whole Foods Market Rocky Mountain/Souhwest 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. The order requires a payment of $407,880.00 and to establish compliance with the regulation.

Defendants (1)

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

Facilities (4)

• WHOLE FOODS MARKET

  5815 WYOMING BLVD NE, ALBUQUERQUE, NM, 87109

  Registry ID: 110069554020

• WHOLE FOODS MARKET #10314

  1090 ST FRANCIS DR, SANTA FE, NM, 87505

  Registry ID: 110060230922

• WHOLE FOODS MARKET

  753 CERRILLOS ROAD, SANTA FE, NM, 87505

  Registry ID: 110022730829

• WHOLE FOODS MARKET

  2103 CARLISLE BOULEVARD NE, ALBUQUERQUE, NM, 87110

  Registry ID: 110069554011

Statutes cited

• RCRA 3010 — Notification of Hazardous Waste Activity
• RCRA 3002 — Standards Applicable to Generators of Hazardous Waste

Enforcement conclusions (1)

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

  Primary law: RCRA

  Federal penalty: $407,880

Timeline (4 milestones)

• 2016-09-19Complaint Filed/Proposed Order
• 2016-09-19Final Order Issued
• 2016-10-03Enforcement Action Data Entered
• 2017-03-17Enforcement Action Closed