Horrific Fine Against Organic Lawn Care Company – Fraudulent Business Practices – Violating State Law – Scarborough, Maine – 2012 05 16
Must Be ERADICATED
from the Modern
Green Space Industry
Organic Pesticide-Free Businesses operating as Lawn Care Companies and Golf Facilities are BOGUS.
They are UNABLE to provide ADEQUATE TURF and PLAYING CONDITIONS.
Unfortunately, Organic Pesticide-Free Maintenance leads to UNBEARABLE and DESTRUCTIVE PEST PROBLEMS and DISORDERS.
Moreover, BOGUS-Organic-and-Pesticide-Free Lawn Care Companies and Golf Facilities are NOT ECONOMICALLY VIABLE BUSINESSES.
These businesses are NOT able to afford the HIGH COST OF LABOUR needed to manually remove millions of pests, or the STUNNINGLY EXPENSIVE and INEFFECTIVE Green Alternative Pesticides.
Many of these businesses are now facing BUSINESS FAILURE and BANKRUPTCY, and are being INVESTIGATED FOR FRAUD.
Organic Pesticide-Free Maintenance is promoted by people with UNVERIFIABLE SUCCESS STORIES !
Organic Pesticide-Free Maintenance is promoted by people who FALSELY ALLEGE SUCCESS, and who are likely CONCOCTING LIES, MISCONCEPTIONS, and DECEPTIONS for their own twisted VESTED INTERESTS.
Moreover, Organic Pesticide-Free Maintenance businesses are ENVIRO-VERMIN.
Many LIE and CHEAT.
Organic Pesticide-Free Maintenance CANNOT BE SUCCESSFUL with Green Alternative Pesticides.
They use ILLEGAL Green Alternative Pesticides, such as beet juice, copper sulphate, micro-organisms, and neem oil … WHEN IT SUITS THEM !
They also use conventional pest control products … WHEN IT SUITS THEM !
They will apply conventional pest control products when customers are not present on the property, or when the facilities are closed.
Then, Anti-Pesticide Activists argue that Organic Pesticide-Free Lawn Care Companies and Golf Facilities are, somehow, innovative industry leaders. [ ?!?! ]
If they can do it, why can’t everybody else ?!?! ― in fact, they CANNOT !
These businesses represent a MAJOR THREAT to the Modern Green Space Industry.
Any trend towards Organic Pesticide-Free Maintenance will NEVER APPEASE Anti-Pesticide Enviro-Lunatic Terrorists.
VIOLATING State Law
In order for Organic Pesticide-Free Maintenance to work, FRAUDULENT PRACTICES must be relied upon.
An ORGANIC LAWN CARE COMPANY has been FINED 37,000 DOLLARS by the Maine Board of Pesticides Control for a PATTERN OF FRAUDULENT BUSINESS PRACTICES in which it KNOWINGLY AND INTENTIONALLY APPLIED CONVENTIONAL CHEMICAL PESTICIDES in violation of state and federal laws.
The state board found that between 2008 and 2010, Purely Organic Lawncare of York Harbor MIXED SYNTHETIC HERBICIDES INTO ITS TURF TREATMENT at multiple locations, including Wainwright Field in South Portland, WHILE PASSING ITSELF OFF as a company practicing Organic Pesticide-Free Maintenance.
The VIOLATIONS by the ORGANIC LAWN CARE COMPANY were NOT ISOLATED INCIDENTS, but INGRAINED OPERATING PRACTICES.
The types of VIOLATIONS were EXTENSIVE.
The ORGANIC LAWN CARE COMPANY realized an economic benefit and competitive advantage from its practices.
Because LYING, CHEATING, and FRAUD are the ONLY ways to make Organic Pesticide-Free Maintenance appear to work effectively.
The COST of going to Organic Pesticide-Free Maintenance, to the exclusion of every other option, is JUST NOT WORTH IT.
Not surprisingly, ORGANIC LAWN CARE COMPANIES have found that YOU CANNOT MAKE ANY MONEY that way.
The VAST MAJORITY of Organic-and-Pesticide-Free Lawn Care Companies and Golf Facilities either LIE, CHEAT, or GO OUT OF BUSINESS.
Organic Lawn Care Company Fined 37,000 Dollars
Scarborough is a town on the southern coast of the U.S. State of Maine, with a population of less than 20,000.
On April 18th, 2012, amid finger-pointing, gavel-pounding and bickering that led to one councillor angrily leaving the meeting, the Town Council REPLACED a 7-month-old policy promoting the use of ORGANIC PEST MANAGEMENT METHODS ( i.e. Anti-Pesticide PROHIBITION ) with a new policy that ALLOWS CHEMICAL PESTICIDES on town-owned property.
In May 2012, as the Scarborough Town Council prepared to delve into « uncharted territory » with censure proceedings this week against one of its own, the subject of that hearing, Richard Sullivan Junior, claimed the moral high ground.
Sullivan is the subject of a CENSURE HEARING, set for May 16th, 2012.
He is accused by two councillors of FAILING TO REVEAL A POTENTIAL CONFLICT OF INTEREST during contentious talks regarding Scarborough’s PESTICIDE APPLICATION POLICY.
Now, an ORGANIC-BASED PEST CONTROL COMPANY favored by opponents of a pesticide policy Sullivan authored, which allows for the use of chemicals, has been FINED 37,000 DOLLARS by Maine Board of Pesticides Control for « a pattern of fraudulent business practices » in which it « knowingly and intentionally applied conventional chemical pesticides » in violation of state and federal laws.
Maine Board of Pesticides Control found that between 2008 and 2010, Purely Organic Lawncare of York Harbor MIXED SYNTHETIC HERBICIDES INTO ITS TURF TREATMENT at multiple locations, including Wainwright Field in South Portland, WHILE PASSING ITSELF OFF AS AN ORGANICS-ONLY COMPANY.
Purely Organic Lawncare was one of three applicants for field treatment services in Scarborough this year, and was the favored choice of Citizens For A Green Scarborough in a May 1st, 2012, review of bids.
Citizens For A Green Scarborough is a small club that operates as an Anti-Pesticide and Environmental-Terrorist Organization.
Citizens For A Green Scarborough pushed for a stringent organics policy adopted by the Town Council in September and opposed a relaxed version offered by Sullivan at the April 18, 2012, meeting.
On May 11th, 2012, Councillor Richard Sullivan said …
See, this goes right to what I’ve been saying all along.
The COST TO GO ORGANICS only to the exclusion of every other option is JUST NOT WORTH IT.
I guess these people found they COULDN’T MAKE ANY MONEY that way.
On May 14th, 2012, Town Manager Tom Hall said that, in light of the state ruling, Purely Organic Lawncare has been REMOVED FROM CONSIDERATION for this year’s bid.
Hall is in the process of weighing the remaining bids.
According to Town Manager Tom Hall …
I have different reservations regarding each company.
Right now, I’m in the process of formulating different question for each of the other two.
It won’t be until after I hear back that I’ll know if we’ll award the bids at all.
On May 14th, 2012, City Manager Jim Gailey of nearby South Portland said he was unaware of the ruling against Purely Organic Lawncare ―
I am not ready to answer questions about this until I can explore this further.
On May 15th, 2012, Mark Follansbee, an Anti-Pesticide Enviro-Lunatic Toxicologist employed by Environmental Protection Agency who weighed in on the Purely Organic Lawncare bid on behalf of Citizens For A Green Scarborough, said he is « confused by the matter and disappointed that it has led to further delays in making an award ».
Follansbee recommended Purely Organic Lawncare, he said, based partly on a letter of recommendation the company provided from South Portland.
While Councillor Richard Sullivan admits taking some pleasure in seeing his accusers take it on the chin, the pesticide-bid snafu will have little to no impact on his censure hearing.
Sullivan stands accused by Anti-Pesticide Councillors Carol Rancourt and Karen D’Andrea of FAILING TO REVEAL A CONFLICT OF INTEREST when presenting a less stringent alternative to an organic pest control policy adopted by council by a 4-1 vote in September 2011.
The lone dissenter in that vote, Sullivan called upon HIS EXPERIENCE AS A LANDSCAPER to suggest new rules based on « best management practices » adopted by Maine Board of Pesticides Control in February 2012.
Those guidelines encourage but DO NOT REQUIRE the use of organic pesticides, focusing instead on long-term management of soils over spot eradication of grubs and other insects.
However, Anti-Pesticide Councillors Rancourt and D’Andrea intimated that Sullivan’s goals were not purely altruistic.
They noted that his brother, Dan Sullivan, holds a 40,000-dollar contract with the town to mow lawns at Scarborough’s public library and three elementary schools.
A 2009 update to Scarborough’s Town Council Policy Manual calls on each councillor to file with the town clerk, by April 1, the name of any person holding a town contract worth more than $1,000 from whom the councillor « or a member of his/her immediate family » received 1,000 dollars or more during the preceding year.
Richard Sullivan had not done so, they said, while Anti-Pesticide Councillor D’Andrea went on to add that, « from EVIDENCE sent to me, it does appear that Richard does gain materially from the business [ of his brother ] ».
That so-called evidence, shared by an Anti-Pesticide and Enviro-Lunatic member of the Citizens for a Green Scarborough, has since turned out to be UNFOUNDED.
On May 14th, 2012, Anti-Pesticide Councillor D’Andrea acknowledged confusion of the name of Sullivan’s business, RJ Sullivan Landscaping, which he started while in high school, and the company belonging to his brother, RJ Sullivan Lawn Care, inherited from their father.
However, while Sullivan detractors DO NOT SEEM ABLE TO PROVE HE HAD A FINANCIAL INTEREST in his proposed rules change, the censure hearing was scheduled based solely on the fact that he did not register the existence of his brother’s contract.
It does not matter that councillors do not award lawn care contracts, that Dan Sullivan only mows lawns and does not apply pesticides, or that no one else on the council had complied with the conflict-registration rule.
Sullivan said May 14, 2012, that he initially asked to have the hearing held in public, « because I have nothing to hide », but relented on advice of council Chairman Ron Ahlquist and town attorney Rob Crawford.
Ahlquist did not respond to voicemails requesting comment.
Town Manager Tom Hall, who will not participate in the executive session, said the hearing is « uncharted territory » for the council, which will have to feel its way through the proceedings with advice from Crawford.
Hall said that although it might make grounds for a citizen recall petition, the censure itself carries no legal penalty.
According to Town Manager Tom Hall ―
It’s an official condemnation or reprimand, or expression of adverse criticism by the council to one of its own, but it does not limited the participation of that person in the council in every way possible.
Still, said Hall …
These are every serious matters.
What’s being called into question is the character and integrity of one person who was voted into office by a majority of the people.
According to Councillor Richard Sullivan ―
This is my reputation we’re talking about here.
It’s a pretty big deal.
Organic Lawn Care Company Faces 37,000 Dollar Fine
A so-called Organic Lawn Care company that is ACCUSED OF APPLYING CHEMICAL PESTICIDES for customers who believed they were getting organic treatments faces as much as 37,000 DOLLARS IN FINES in a proposed consent agreement with the state pesticides board.
Maine Board of Pesticides Control says Purely Organic Lawncare of York Harbor VIOLATED PESTICIDES LAWS AND REGULATIONS BY APPLYING CHEMICAL PESTICIDES at Colby College in Waterville and the Wainwright Recreation Complex in South Portland.
The company's founder and chief operating officer, James Reinertson, ALLEGES his employees applied chemical pesticides only for customers who agreed to the treatment.
Reinertson CLAIMS his company did nothing wrong and he is upset that the consent agreement was released publicly before it was finalized.
On May 11th, 2012, the Maine Board of Pesticides Control tabled consideration of the proposed agreement pending further discussion.
Reinertson said he will meet with the Maine Board of Pesticides Control again in September 2012 to take up the issue.
The proposed agreement describes the company as « engaged in a PATTERN OF FRAUDULENT BUSINESS PRACTICES involving both commercial and residential customers ».
The board’s investigator also reported that EMPLOYEES WERE NOT WEARING THE PROTECTIVE GEAR needed for the pesticide that was found in tests.
The federal Environmental Protection Agency requires workers who handle that pesticide to wear long-sleeve shirts, long pants, shoes and socks, and chemical-resistant gloves.
According to the proposed settlement ―
The violations were NOT ISOLATED INCIDENTS, but INGRAINED OPERATING PRACTICES of the company.
The types of violations were EXTENSIVE.
The company realized an economic benefit and competitive advantage from their practices.
Purely Organic Lawncare WOULD HAVE TO PAY 18,000 OF A 37,000-DOLLAR FINE under the consent agreement.
Purely Organic Lawncare employs seven service people.
Purely Organic Lawncare is part of a family of companies owned by Reinertson that also MANUFACTURES organic lawn care products in Seabrook, New Hampshire
The company sells those products retail and wholesale.
Maine Board of Pesticides Control says it began its investigation in 2010, when two incidents involving Purely Organic Lawncare came to its attention.
According to the proposed consent agreement, a Maine Board of Pesticides Control Inspector who was doing a routine inspection of a Purely Organic Lawncare job site at Colby College got POSITIVE TEST RESULTS FOR CHEMICAL HERBICIDES, even though company signs on the turf said it had been treated with organic fertilizer.
A Purely Organic Lawncare foreman told the inspector that the application was organic, and a Colby College grounds supervisor said he had ordered an organic weed management product, according to the proposed agreement.
Reinertson said that the contract with Colby College allowed Purely Organic Lawncare to use both organic fertilizer and traditional ― non-organic ― herbicides.
A week after the inspection at Colby College, the Maine Board of Pesticides Control says, it got a ANOTHER COMPLAINT from a parent in South Portland, who said he believed the Wainwright Field Athletic Complex had been TREATED WITH AN HERBICIDE but NO SIGNS WERE POSTED TO NOTIFY THE PUBLIC.
Purely Organic Lawncare had treated the fields a week earlier under an agreement with the city that dated to 2008.
The city paid Purely Organic Lawncare about 10,000 dollars per year for ORGANIC TURF TREATMENTS.
Samples taken by an inspector from two locations at Wainwright Field Athletic Complex TESTED POSITIVE FOR AN HERBICIDE not listed in any of the company's job proposals, product information sheets or invoices, according to the proposed consent agreement.
According to the proposed consent agreement ―
Based on the above evidence, it was determined that Purely Organic Lawncare engaged in FRAUDULENT BUSINESS PRACTICES in the application of pesticides at the South Portland Wainwright Recreation Complex.
Reinertson denied the accusation, saying his company applied only organic fertilizer at the field, and his crews did not have weed control products with them.
« Our view is that they tested a field we don't even treat at that property » he said.
In a letter to customers, included with the Maine Board of Pesticides Control May 11th, 2012, meeting agenda, the company said that at the time of the investigation in 2010, it had transitioned from using chemical applications, and chemical residues remained on trucks that were used to apply treatments.
« We believe that all of our products were safe and continue to be safe and what they are labeled as being », says the letter, which characterized the initiation of the investigation as a « witch hunt » started by competitors.
After the proposed agreement was released with the Maine Board of Pesticides Control May 11th, 2012, agenda, South Portland City Manager James Gailey said he felt « blind-sided » by it, and decided to « step away » from using Purely Organic Lawncare, which had continued to provide lawn care services for the city.
« We didn’t even know there was an investigation going on » Gailey said.
The city received the results of the 2010 lab test, but didn’t hear anything else from Maine Board of Pesticides Control.
In Scarborough, Town Manager Tom Hall said Purely Organic Lawncare recently submitted a bid to provide organic turf management services in town, but he decided to CONSIDER OTHER BIDS after learning about the proposed consent agreement.
« That was REASON ENOUGH for me to look elsewhere » he said.
« There’s nothing they can say or do to cause me to think differently. »
Henry Jennings, Director of Maine Board of Pesticides Control, would answer questions only by e-mail.
He said the Maine Board of Pesticides Control investigates an average of 100 complaints each year, and ratifies an average of 13 administrative consent agreements annually.
Under state law, a pesticide is « any substance or mixture of substances intended for preventing, destroying, repelling or mitigating any pests », and any substance or mixture that is used as a plant regulator, defoliant or desiccant.
Companies that apply pesticides must be licensed by the state.
In his e-mail, Jennings said about 300 companies are licensed in Maine, and the state does not differentiate between organic and non-organic application companies.
It’s time to rat out Organic Pesticide-Free Lawn Care Companies and Golf Facilities.
This Enviro-Vermin Must Be ERADICATED from the Modern Green Space Industry.
For the original copy of this Force Of Nature Report, go to the following link …
See also VICTORY AGAINST TERRORISTS, Repeal of Anti-Pesticides Policy in Scarborough, Maine …
NORAHG has archived even more information on The Pesticide Truths Web-Site …
CARNAGE CAUSED BY CATASTROPHIC ANTI-PESTICIDE PROHIBITION ( Web-Page )
CARNAGE LEADING TO BAN FAILURES ( Web-Page )
CARNAGE LEADING TO BUSINESS FAILURES
CARNAGE LEADING TO GARBAGE DUMP GREEN SPACES
CARNAGE LEADING TO STUNNINGLY EXORBITANT COSTS
U.S. ENVIRONMENTAL TERRORISM – STATE PRE-EMPTION ( Web-Page )
U.S. ENVIRONMENTAL TERRORISM – HIGHLAND PARK, ILLINOIS ( Web-Page )