Whole Foods Market Group, Inc., et al. (Board decision, April 7, 2017)

Plain-English summary

Whole Foods Market Group, Inc., and affiliated entities resolved an EPA Resource Conservation and Recovery Act enforcement matter through a Consent Agreement. The Environmental Appeals Board incorporated that agreement into a Final Order and ratified it under 40 C.F.R. § 22.18(b)-(c). The Board ordered the Respondents to comply with the agreement's terms effective immediately. The two-page Final Order does not state the alleged violations or any penalty amount.

Decision snapshot

• Cited authorities: 40 C.F.R. § 22.18(b)-(c)
• Outcome: The Consent Agreement was incorporated and ratified, and the Respondents were ordered to comply with its terms.
• Key point: The Final Order made the attached Consent Agreement binding on the named Respondents effective immediately.

Full text (EPA EAB public release)

F I L E D
APR 7 2017
Clerk, Environmental Appeals Board
INITIALS [illegible]

BEFORE THE ENVIRONMENTAL APPEALS BOARD
UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
WASHINGTON, D.C.

In re:

Whole Foods Market Group, Inc.,

Whole Foods Market California, Inc.,
Mrs. Gooch’s Natural Food Markets, Inc.,
Whole Foods Market Pacific Northwest, Inc.,
Whole Foods Market Rocky Mountain/
Southwest, LP,
WFM Northern Nevada, Inc.,
WFM Southern Nevada, Inc.,
WFM Hawaii, LLC,
WFM-WO, Inc.,
Nature’s Heartland, Inc.,
WFM Nebraska, LLC, and
Whole Foods Market Lusher
Frisco CO, LLC

Docket No. RCRA-HQ-2017-0001

FINAL ORDER

Pursuant to 40 C.F.R. § 22.18(b)-(c) of EPA’s Consolidated Rules of Practice, the attached Consent Agreement resolving this matter is incorporated by reference into this Final Order and is hereby ratified.

The Respondents are ORDERED to comply with the terms of the Consent Agreement, effective immediately.

So ordered.¹
ENVIRONMENTAL APPEALS BOARD

Dated: 4/7/2017

Mary Beth Ward
Environmental Appeals Judge

¹ The panel ratifying this matter is comprised of Environmental Appeals Judges Aaron P. Avila, Mary Kay Lynch, and Mary Beth Ward.

CERTIFICATE OF SERVICE

I hereby certify that copies of the foregoing “Consent Agreement” and “Final Order” in the matter of Whole Foods Market Group, Inc., et al., Docket No. RCRA-HQ-2017-0001, were filed and copies of the same were sent to the following persons in the manner indicated below:

Via Interoffice Mail:

Laura K. Welles, Esq.

Waste and Chemical Enforcement Division
Office of Civil Enforcement
1200 Pennsylvania Avenue, N.W.
Mail Code 2249A
Washington, D.C. 20460

Via U.S. Certified Mail:

John H. Hempfling II, Esq.

Whole Foods Market Central Office
550 Bowie Street
Austin, Texas 78703

Jennifer Hartman King, Esq.
King Williams LLP
520 Capitol Mall, Suite 750
Sacramento, California 95814

Dated: APR - 7 2017

Annette Duncan
Administrative Specialist
Environmental Appeals Board