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. The facility is required to pay a penalty of $305,910.00 and to establish compliance with the requirements of the regulation.

Defendants (1)

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

Facilities (3)

• WHOLE FOODS MARKET

  1401 E. 41ST ST., TULSA, OK, 74105

  Registry ID: 110069553003

• WHOLE FOODS MARKET

  9136 SOUTH YALE AVENUE, TULSA, OK, 74137

  Registry ID: 110069554627

• WHOLE FOODS MARKET

  6001 N. WESTERN AVENUE, OKLAHOMA CITY, OK, 73118

  Registry ID: 110069552996

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/Southwest LPentered 2016-09-19

  Primary law: RCRA

  Federal penalty: $305,910

Timeline (4 milestones)

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