Corporate Misconduct Accountability Project
Organicgirl, LLC · EPA Consent Agreement and Final Order
Organicgirl LLC Settles EPA Safety Violations at California Plant
The organic salad company faces allegations of exposing workers and the Salinas, California community to ammonia risks for years through multiple safety failures, settling for $151,979 without admitting wrongdoing.
HIGH SEVERITY
TL;DR
Organicgirl, LLC allegedly violated federal Clean Air Act safety requirements at its Salinas, California facility for years, failing to properly manage anhydrous ammonia, a toxic substance used in refrigeration. The EPA found eight categories of alleged violations including outdated procedures, unaddressed equipment deficiencies, inadequate hazard analyses, and failure to track necessary repairs. The company settled in April 2025 for $151,979 without admitting the specific allegations, agreeing to corrective actions to prevent future risks to workers and the surrounding community.
This case reveals how profit pressures can lead companies to defer critical safety measures, even those marketing themselves as socially responsible.
$151,979
Civil penalty paid by Organicgirl LLC
10,000+ lbs
Amount of anhydrous ammonia stored at facility
8
Categories of alleged safety violations
4+ years
Duration of some alleged violations (2020-2024)
The Allegations: A Breakdown
Core Allegations
What the company allegedly failed to do · 8 points
| 01 | Organicgirl failed to document that critical ammonia equipment including machinery rooms, pipes, sensors, alarms, emergency ventilation systems, electrical wiring, and exhaust fans complied with recognized engineering safety standards from January 2024 to August 2024. | high |
| 02 | The company allegedly failed to adequately address hazards, engineering controls, and facility siting in its 2019 Process Hazard Analysis, and did not establish a system to promptly address safety device recommendations from 2020 to 2024. | high |
| 03 | Operating procedures printed inside the emergency control box were outdated, and written procedures for the High Pressure Receiver were inaccurate from January to April 2024, while all written operating procedures lacked required annual certifications from 2020 to 2024. | high |
| 04 | Organicgirl allegedly failed to adequately track repairs recommended after equipment inspections during 2024, and failed to address deficient ammonia pipes, tanks, valves, emergency ventilation louvers, insulation, vapor barriers, and ammonia sensors from January to August 2024. | high |
| 05 | The company failed to implement written procedures to manage upgrades to the emergency ventilation system and inadequately documented management approval of changes to process equipment from 2020 to 2023. | medium |
| 06 | Pre-startup safety reviews performed from 2020 to 2024 lacked appropriate management signatures and completion dates for various required tasks. | medium |
| 07 | Incident investigation reports from 2020 to 2021 failed to include dates of investigation, factors that contributed to incidents, and recommendations resulting from investigations. | medium |
| 08 | In 2024, Organicgirl failed to obtain and evaluate safety performance and program information for two contractors hired to work on regulated ammonia processes. | medium |
Regulatory Failures
How safety standards were allegedly ignored · 5 points
| 01 | The facility stored more than 10,000 pounds of anhydrous ammonia, a regulated toxic substance requiring strict Risk Management Plan compliance under the Clean Air Act, but allegedly failed to meet multiple Program 3 safety requirements. | high |
| 02 | The company was subject to the most stringent Program 3 requirements because it had public receptors within the distance to the endpoint for worst-case ammonia release scenarios, meaning an accident could impact the surrounding Salinas community. | high |
| 03 | EPA regulations required Organicgirl to ensure construction and equipment met design specifications, maintain adequate safety and emergency procedures, perform hazard analyses, and complete employee training, but the company allegedly failed these requirements from 2020 to 2024. | high |
| 04 | The Clean Air Act general duty clause requires facilities to identify hazards, design and maintain safe operations, and minimize consequences of accidental releases, obligations Organicgirl allegedly did not fulfill. | high |
| 05 | Under federal law, the company was required to correct equipment deficiencies outside acceptable limits before further use or in a safe and timely manner, but allegedly failed to do so for ammonia pipes, tanks, valves, and sensors. | high |
Profit Over People
Cost-cutting that compromised safety · 4 points
| 01 | The alleged pattern of deferring necessary safety upgrades, skimping on detailed documentation, and failing to promptly address identified hazards suggests operational budgets may have been squeezed to enhance profitability at the expense of worker and community safety. | high |
| 02 | Compliance with comprehensive safety regulations requires significant ongoing investment in equipment, personnel, training, and management systems, expenditures that can be perceived by companies primarily as costs to be minimized rather than essential components of responsible operation. | medium |
| 03 | The $151,979 penalty must be weighed against the potential profits derived from cost-cutting measures over the years the violations allegedly occurred, raising questions about whether such fines serve as genuine deterrents. | medium |
| 04 | Each day, week, or year that necessary safety upgrades were deferred or rigorous procedures not fully implemented translated into saved expenses for the company, illustrating how delays can be strategically beneficial within systems focused on minimizing costs. | medium |
Economic Fallout
The financial consequences beyond the fine · 5 points
| 01 | The company must pay a $151,979 civil administrative penalty within 30 days of the agreement’s effective date in April 2025. | medium |
| 02 | If Organicgirl fails to pay the penalty on time, it faces stipulated penalties of $500 per day for the first 15 days of delay, $1,000 per day for days 16-30, and $1,500 per day for each day thereafter. | medium |
| 03 | Failure to complete required corrective activities triggers even higher stipulated penalties of $1,000 per day for the first 15 days, $2,000 per day for days 16-30, and $3,000 per day for each subsequent day of delay. | medium |
| 04 | The company faces additional costs of bringing the facility into full compliance, potentially requiring significant investment in equipment upgrades, revised procedures, and enhanced training that may have been previously deferred. | medium |
| 05 | Had an actual catastrophic release of ammonia occurred due to the alleged deficiencies, economic costs could have included emergency response expenses, medical costs for affected individuals, property damage, and business interruption. | high |
Worker Exploitation
Employees exposed to preventable dangers · 5 points
| 01 | The alleged failures directly endangered workers at the Salinas facility, as Process Safety Management regulations are specifically designed to protect employees from catastrophic risks associated with hazardous chemicals like anhydrous ammonia. | high |
| 02 | Outdated operating procedures in the emergency control box and inaccurate written procedures for the High Pressure Receiver could have led workers to perform tasks incorrectly in routine or emergency situations, potentially triggering or exacerbating accidental releases. | high |
| 03 | Failing to correct deficient ammonia pipes, tanks, valves, and sensors, and not adequately tracking recommended repairs, meant employees worked with or near equipment prone to failure without their knowledge. | high |
| 04 | The failure to evaluate the safety performance of contractors put both contract workers and permanent employees at increased risk, as outside workers may be unfamiliar with facility-specific hazards. | medium |
| 05 | The alleged pursuit of operational efficiency or cost-saving may have compromised the fundamental right to a safe workplace, with individuals employed at the facility unknowingly exposed to higher risks of chemical accidents. | high |
Public Health and Safety
Community exposure to toxic chemical risks · 5 points
| 01 | Anhydrous ammonia is corrosive to the skin, eyes, and lungs, and a large-scale release can have severe, even fatal, consequences for workers and the surrounding community. | high |
| 02 | The facility had public receptors within the distance to the endpoint for worst-case release scenarios, indicating a recognized potential for off-site consequences impacting nearby homes, businesses, schools, or other public areas in Salinas. | high |
| 03 | The alleged violations including failing to document equipment safety compliance, not addressing hazards identified in Process Hazard Analysis, and uncorrected equipment deficiencies all directly increased the risk of an accidental ammonia release. | high |
| 04 | Deficient pipes or valves could lead to leaks, while a malfunctioning emergency ventilation system could fail to mitigate the impact of a release, exposing the community to ammonia contamination of air and water. | high |
| 05 | The period during which these alleged deficiencies existed, some dating back to 2020, represents years when the Salinas community faced an elevated and avoidable risk due to alleged corporate negligence. | high |
Community Impact
Salinas residents living under threat · 4 points
| 01 | The Organicgirl facility at 900 Work Street in Salinas is situated in a community whose safety could be directly compromised by alleged failures in managing anhydrous ammonia. | high |
| 02 | The technical designation that the facility had public receptors within worst-case release endpoints means a significant accidental ammonia release could have consequences extending beyond the facility’s fence line into residential and public areas. | high |
| 03 | A community living under the shadow of a facility allegedly operating with inadequate hazard analysis, deficient emergency systems, and unverified equipment safety faced an underlying threat to their health and safety. | high |
| 04 | The health and peace of mind of the Salinas community are intrinsically linked to the responsible operation of industrial facilities within its borders, a responsibility Organicgirl allegedly failed to uphold. | medium |
Corporate Accountability Failures
Settlement without admission of wrongdoing · 5 points
| 01 | Organicgirl settled the case by neither admitting nor denying the specific factual allegations, a common legal mechanism that allows companies to resolve violations without public acknowledgment of wrongdoing. | medium |
| 02 | The ability to settle without admitting allegations can obscure the full extent of corporate misconduct from the public and potentially lessen the deterrent effect of regulatory actions. | medium |
| 03 | For workers at the Salinas facility and the surrounding community allegedly exposed to heightened risks for several years, the question arises whether a $151,979 penalty is sufficient to ensure future compliance and deter similar negligence. | medium |
| 04 | In systems where corporate profits can dwarf such fines, penalties might be viewed as mere operational expenses rather than significant deterrents, with the corporate structure shielding decision-makers from personal accountability. | medium |
| 05 | True accountability would ideally involve not only financial restitution and corrective measures but also transparent acknowledgment of failures and robust guarantees ensuring public and environmental safety are prioritized over profit. | medium |
Exploiting Delay
Years of violations before enforcement · 4 points
| 01 | Some alleged violations persisted for years, with Process Hazard Analysis deficiencies and outdated operating procedures spanning from 2020 to 2024, illustrating how delays in addressing safety issues can benefit companies by deferring costs. | high |
| 02 | Each day, week, or year that necessary safety upgrades were deferred or rigorous procedures not implemented translated into saved expenses for the company while exposing workers and the community to continued risk. | high |
| 03 | The EPA inspection occurred in January 2024, but the Consent Agreement and Final Order was not filed until April 2025, representing over a year before formal resolution, during which alleged deficiencies continued. | medium |
| 04 | The settlement allows Organicgirl 90 days after the effective date to submit documentation for corrective actions, adding to the overall duration before full, verified compliance is achieved. | low |
The Bottom Line
What this case reveals about corporate priorities · 5 points
| 01 | The case brings to light serious allegations that potentially endangered workers, the Salinas community, and the environment for several years through systematic failures to meet federal safety standards. | high |
| 02 | This case transcends one company’s alleged missteps and illustrates broader systemic challenges where the drive for profit can overshadow fundamental commitments to safety and environmental stewardship. | high |
| 03 | When companies marketing themselves under banners of organic and wholesome values face such fundamental safety allegations, it forces deeper societal reckoning with how modern economies incentivize behavior. | medium |
| 04 | The settlement underscores the critical need for vigilant oversight, robust enforcement, and a corporate ethos that places human and environmental well-being at its core, not as secondary considerations to financial performance. | high |
| 05 | Organicgirl must submit a PHA recommendation tracking list within 90 days demonstrating completion of all remaining open items identified in the 2022 Mechanical Integrity Audit, a specific measure to mitigate ongoing risks. | medium |
Timeline of Events
2019
Organicgirl performs Process Hazard Analysis that allegedly fails to adequately address process hazards, engineering controls, and facility siting
2020-2021
Company allegedly prepares incident investigation reports lacking dates of investigation, contributing factors, and recommendations
2020-2023
Organicgirl allegedly fails to implement written procedures for emergency ventilation system upgrades and inadequately documents management approval of process equipment changes
2020-2024
Company allegedly fails to establish system to promptly address 2019 PHA findings for safety devices; operating procedures remain outdated and lack required annual certifications
2020-2024
Pre-startup safety reviews allegedly lack appropriate management signatures and completion dates for required tasks
January 17, 2024
EPA performs inspection of the Organicgirl facility at 900 Work Street in Salinas, California
January-April 2024
Written operating procedures for High Pressure Receiver are allegedly inaccurate
January-August 2024
Company allegedly fails to document that ammonia equipment complies with recognized engineering practices and fails to address deficient ammonia pipes, tanks, valves, sensors, and ventilation systems
2024
Organicgirl allegedly fails to adequately track equipment repairs and fails to obtain/evaluate safety information for two contractors working on regulated processes
March 24, 2025
Organicgirl CEO Mark Drever signs the Consent Agreement
April 11, 2025
EPA Director Amy C. Miller-Bowen signs the Consent Agreement
April 15, 2025
Regional Judicial Officer Beatrice Wong signs Final Order; Consent Agreement and Final Order filed with Regional Hearing Clerk
Direct Quotes from the Legal Record
QUOTE 1
General duty to prevent releases
regulatory
“Pursuant to Section 112(r)(1) of the CAA, 42 U.S.C. § 7412(r)(1), and its implementing regulations, owners and operators of stationary sources producing, processing, handling or storing a chemical in 40 C.F.R. Part 68, or any other extremely hazardous substance, have a general duty to identify hazards that may result from releases using appropriate hazard assessment techniques, to design and maintain a safe facility taking such steps as are necessary to prevent releases, and to minimize the consequences of accidental releases which do occur.”
💡 This establishes the fundamental legal obligation Organicgirl allegedly violated by failing to maintain proper safety systems for years.
QUOTE 2
Failure to document equipment safety
allegations
“Based upon the Inspection and subsequent investigation, EPA determined that Respondent failed to document that the ammonia machinery room, ammonia pipes, ammonia sensors, ammonia and fire alarms, emergency ventilation system, electrical wiring, and exhaust fans on the roof at the Facility complied with RAGAGEP from January 2024 to August 2024.”
💡 This specific allegation shows the company could not prove critical safety equipment met basic engineering standards for eight months.
QUOTE 3
Inadequate hazard analysis
allegations
“Based upon the Inspection and subsequent investigation, EPA determined that Respondent failed to address the hazards of the process, engineering and administrative controls applicable to such hazards, and siting of the stationary source in the PHA performed at the Facility in 2019, and also failed to establish a system to promptly address the findings and recommendations for safety devices in the 2019 PHA.”
💡 The company’s hazard analysis was fundamentally flawed and it never created systems to fix identified problems for five years.
QUOTE 4
Outdated and inaccurate procedures
allegations
“Based upon the Inspection and subsequent investigation, EPA determined that the operating procedures printed inside the emergency control box at the Facility were outdated; the written operating procedures for the High Pressure Receiver at the Facility were inaccurate from January 2024 to April 2024; and all written operating procedures at the Facility lacked annual certifications.”
💡 Workers relied on outdated emergency procedures and inaccurate equipment instructions, increasing the risk of mistakes during critical moments.
QUOTE 5
Unaddressed equipment deficiencies
allegations
“Based upon the Inspection and subsequent investigation, EPA determined that Respondent failed to adequately track repairs recommended after the inspections and tests of the process equipment at the Facility during 2024 and failed to address deficient ammonia pipes and tanks, valves, emergency ventilation louvers, insulation or vapor barriers, and ammonia sensors at the Facility that were outside acceptable limits from January 2024 to August 2024.”
💡 The company knew equipment was deficient but failed to fix it for at least eight months, leaving dangerous conditions unaddressed.
QUOTE 6
Public at risk from releases
health
“At all times relevant to this CAFO, Respondent was subject to Program 3 requirements because it had public receptors within the distance to the endpoint for the worst-case release and was subject to the OSHA process safety management standard set forth in 29 C.F.R. § 1910.119.”
💡 This confirms the surrounding Salinas community was within the danger zone of a worst-case ammonia release scenario.
QUOTE 7
Toxic substance threshold exceeded
health
“At all times relevant to this CAFO, Respondent produced, used or stored more than 10,000 pounds of ammonia (anhydrous) at the Facility and was subject to the requirements of CAA § 112(r)(7).”
💡 The large quantity of toxic ammonia stored at the facility triggered the strictest federal safety requirements, which were allegedly not met.
QUOTE 8
Ammonia dangers
health
“Ammonia (anhydrous) is a regulated toxic substance listed under CAA § 112(r)(3) with a TQ of 10,000 pounds.”
💡 Federal law specifically identifies anhydrous ammonia as dangerous enough to require strict regulation at quantities Organicgirl exceeded.
QUOTE 9
Settlement without admission
accountability
“In accordance with 40 C.F.R. § 22.18(b)(2) and for the purpose of this proceeding, Respondent: (i) admits that EPA has jurisdiction over the subject matter of this CAFO and over Respondent; (ii) neither admits nor denies the specific factual allegations contained in the CAFO.”
💡 The company settled the case without publicly admitting to any of the specific safety failures alleged by the EPA.
QUOTE 10
Penalty amount
economic
“Respondent agrees to the assessment of a civil penalty of ONE HUNDRED FIFTY-ONE THOUSAND NINE HUNDRED SEVENTY-NINE DOLLARS ($151,979) for the claims set forth herein as final settlement of the civil claims against Respondent as alleged in Section I.D of the CAFO.”
💡 This is the total financial penalty for years of alleged violations endangering workers and the community.
QUOTE 11
Escalating penalties for non-compliance
economic
“In the event that Respondent fails to complete any activity required under Section I.G of this CAFO, Respondent shall pay stipulated penalties up to: ONE THOUSAND DOLLARS ($1,000) per day for first to fifteenth day of delay; TWO THOUSAND DOLLARS ($2,000) per day for sixteenth to thirtieth day of delay; and THREE THOUSAND DOLLARS ($3,000) per day for each day of delay thereafter.”
💡 The company faces additional penalties of up to $3,000 per day if it fails to complete required safety corrective actions on time.
QUOTE 12
Required corrective action
conclusion
“Within 90 days of the Effective Date of this CAFO, Respondent shall submit a copy of the PHA recommendation tracking list demonstrating completion of all remaining open items identified in the 2022 Mechanical Integrity Audit.”
💡 Organicgirl must prove within 90 days that it has finally addressed safety issues identified in a 2022 audit that remained unresolved.
QUOTE 13
Failure to evaluate contractor safety
workers
“Based upon the Inspection and subsequent investigation, EPA determined that Respondent failed to obtain and evaluate information regarding safety performance and programs of two contractors it hired to work on the RMP processes during 2024.”
💡 The company hired contractors to work with hazardous ammonia systems without verifying those workers had proper safety training or records.
QUOTE 14
Incident investigation failures
allegations
“Based upon the Inspection and subsequent investigation, EPA determined that the incident investigation reports prepared by Respondent at the Facility during 2020-2021 failed to include dates of investigation, factors that contributed to the incidents, and recommendations resulting from the investigations.”
💡 When safety incidents occurred, the company failed to properly investigate them, missing opportunities to prevent future accidents.
QUOTE 15
Management of change failures
allegations
“Based upon the Inspection and subsequent investigation, EPA determined that Respondent failed to implement written procedures to manage upgrades of the emergency ventilation system at the Facility during 2020-2023… and failed to adequately document management approval of changes to process equipment at the Facility during 2020-2023.”
💡 For three years, the company made changes to critical safety equipment without proper procedures or management approval, introducing unknown risks.
Frequently Asked Questions
What did Organicgirl allegedly do wrong?
The EPA alleges Organicgirl violated federal Clean Air Act safety requirements at its Salinas, California facility from 2020 to 2024. The eight categories of alleged violations include failing to document that ammonia equipment met safety standards, not adequately analyzing hazards, maintaining outdated and inaccurate operating procedures, failing to track and fix equipment deficiencies, not properly managing changes to critical systems, incomplete safety reviews, inadequate incident investigations, and not evaluating contractor safety records.
What is anhydrous ammonia and why is it dangerous?
Anhydrous ammonia is a toxic chemical used in industrial refrigeration systems like those at food processing facilities. It is corrosive to the skin, eyes, and lungs. A large-scale accidental release can cause severe injuries or even death to workers and people in surrounding communities. Federal law classifies it as a regulated toxic substance requiring strict safety controls when stored in quantities above 10,000 pounds, which Organicgirl exceeded.
Was anyone actually hurt by these alleged violations?
The legal document does not report any injuries or deaths resulting from the alleged safety failures. However, the EPA’s allegations indicate that workers at the facility and residents in the surrounding Salinas community were exposed to heightened risks of a catastrophic ammonia release for several years. The enforcement action aims to prevent potential future harm by requiring the company to fix the alleged deficiencies.
How much did Organicgirl pay in penalties?
Organicgirl agreed to pay a civil administrative penalty of $151,979. If the company fails to pay on time or complete required corrective actions, it faces additional stipulated penalties ranging from $500 to $3,000 per day depending on the nature and duration of the delay. The company can also face penalties of $200 per day for late submissions of required notices.
Did the company admit to these violations?
No. While Organicgirl agreed to pay the penalty and complete corrective actions, the settlement agreement specifically states the company neither admits nor denies the specific factual allegations made by the EPA. This is a common feature of consent agreements that allows companies to resolve enforcement actions without formally admitting wrongdoing.
How long were these problems allegedly going on?
The alleged violations spanned different time periods, with some lasting four years. Several categories of alleged failures, including inadequate hazard analysis, outdated operating procedures, and incomplete pre-startup safety reviews, allegedly persisted from 2020 to 2024. Other violations, such as failure to document equipment safety compliance and unaddressed equipment deficiencies, allegedly occurred for at least eight months from January to August 2024.
What corrective actions must Organicgirl take?
Within 90 days of the agreement becoming effective in April 2025, Organicgirl must submit a Process Hazard Analysis recommendation tracking list demonstrating completion of all remaining open items identified in a 2022 Mechanical Integrity Audit. The company also certified that, aside from this required work, it has taken all steps necessary to return to full compliance with Clean Air Act requirements.
Could this happen again at other food processing facilities?
Yes. Many food processing facilities use anhydrous ammonia refrigeration systems and are subject to the same federal safety requirements. In fact, the EPA press release accompanying this case indicated enforcement actions against multiple California facilities for chemical safety deficiencies, suggesting these issues are not unique to Organicgirl. Robust regulatory oversight, adequate enforcement resources, and corporate commitment to safety culture are all necessary to prevent similar violations.
What can consumers do about this?
Consumers can demand higher standards of safety and environmental responsibility from the brands they purchase. They can contact Organicgirl directly to express concern about these allegations and ask what steps the company is taking to ensure worker and community safety. Consumers can also support stronger enforcement of environmental and worker safety laws by contacting their elected representatives. Additionally, they can research companies’ safety records before making purchasing decisions.
Are Organicgirl products safe to eat?
The EPA’s enforcement action addresses workplace safety and environmental compliance related to the facility’s refrigeration system, not food safety. The alleged violations concerned the management of hazardous chemicals used in the production process and the safety of workers and the surrounding community. Food safety is regulated separately by agencies like the FDA and USDA, and this case does not indicate any issues with the food products themselves.
The EPA has a press release that is partially about this specific pollution from OrganicGirl: https://www.epa.gov/newsreleases/epa-enforcement-actions-10-california-facilities-address-chemical-safety-deficiencies
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