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07 Sep 2012
court room gavel

Scotts Miracle Gro Fined $12.5 Million in Pesticide Case

CONTACT:
Enesta Jones
jones.enesta@epa.gov
202-564-7873
202-564-4355

FOR IMMEDIATE RELEASE
September 7, 2012

Scotts Miracle-Gro Will Pay $12.5 Million in Criminal Fines and Civil Penalties for Violations of Federal Pesticide Laws

WASHINGTON — The Scotts Miracle-Gro Company, a producer of pesticides for commercial and consumer lawn and garden uses, was sentenced today in federal district court in Columbus, Ohio, to pay a $4 million fine and perform community service for eleven criminal violations of the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA), which governs the manufacture, distribution, and sale of pesticides. Scotts pleaded guilty in February 2012 to illegally applying insecticides to its wild bird food products that are toxic to birds, falsifying pesticide registration documents, distributing pesticides with misleading and unapproved labels, and distributing unregistered pesticides. This is the largest criminal penalty under FIFRA to date.

In a separate civil agreement with the U.S. Environmental Protection Agency (EPA), Scotts agreed to pay more than $6 million in penalties and spend $2 million on environmental projects to resolves additional civil pesticide violations. The violations include distributing or selling unregistered, canceled, or misbranded pesticides, including products with inadequate warnings or cautions. This is the largest civil settlement under FIFRA to date.

“The misuse or mislabeling of pesticide products can cause serious illness in humans and be toxic to wildlife,” said Cynthia Giles, assistant administrator for EPA’s Office of Enforcement and Compliance Assurance. “Today’s sentence and unprecedented civil settlement hold Scotts accountable for widespread company noncompliance with pesticide laws, which put products into the hands of consumers without the proper authorization or warning labels.”

“As the world’s largest marketer of residential use pesticides, Scotts has a special obligation to make certain that it observes the laws governing the sale and use of its products. For having failed to do so, Scotts has been sentenced to pay the largest fine in the history of FIFRA enforcement,” said Ignacia S. Moreno, assistant attorney general for the Environment and Natural Resources Division of the Department of Justice. “The Department of Justice will continue to work with EPA to assure that pesticides applied in homes and on lawns and food are sold and used in compliance with the laws intended to assure their safety.”

In the plea agreement, Scotts admitted that it applied the pesticides Actellic 5E and Storcide II to its bird food products even though EPA had prohibited this use. Scotts had done so to protect its bird foods from insect infestation during storage. Scotts admitted that it used these pesticides contrary to EPA directives and in spite of the warning label appearing on all Storicide II containers stating, “Storcide II is extremely toxic to fish and toxic to birds and other wildlife.” Scotts sold this illegally treated bird food for two years after it began marketing its bird food line and for six months after employees specifically warned Scotts management of the dangers of these pesticides. By the time it voluntarily recalled these products in March 2008, Scotts had sold more than 70 million units of bird food illegally treated with pesticide that is toxic to birds.

Scotts also pleaded guilty to submitting false documents to EPA and to state regulatory agencies in an effort to deceive them into believing that numerous pesticides were registered with EPA when in fact they were not. The company also pleaded guilty to having illegally sold the unregistered pesticides and to marketing pesticides bearing labels containing false and misleading claims not approved by EPA. The falsified documents submitted to EPA and states were attributed to a federal product manager at Scotts.

In addition to the $4 million criminal fine, Scotts will contribute $500,000 to organizations that protect bird habitat, including $100,000 each to the Ohio Audubon’s Important Bird Area Program, the Ohio Department of Natural Resources’ Urban Forestry Program, the Columbus Metro-Parks Bird Habitat Enhancement Program, the Cornell University Ornithology Laboratory, and The Nature Conservancy of Ohio to support the protection of bird populations and habitats through conservation, research, and education.

At the time the criminal violations were discovered, EPA also began a civil investigation that uncovered numerous civil violations spanning five years. Scotts’ FIFRA civil violations included the nationwide distribution or sale of unregistered, canceled, or misbranded pesticides, including products with inadequate warnings or cautions. As a result, EPA issued more than 40 Stop Sale, Use or Removal Orders to Scotts to address more than 100 pesticide products.

In addition to the $6 million civil penalty, Scotts will complete environmental projects, valued at $2 million, to acquire, restore and protect 300 acres of land to prevent runoff of agricultural chemicals into nearby waterways.

The criminal case was investigated by EPA’s Criminal Investigation Division and the Environmental Enforcement Unit of the Ohio Attorney General’s Office, Bureau of Criminal Identification & Investigation. It was prosecuted by Senior Trial Attorney Jeremy F. Korzenik of the Justice Department’s Environmental Crimes Section of the Environment and Natural Resources Division, by Michael J. McClary, EPA Criminal Enforcement Counsel and Special Assistant U.S. Attorney and by Assistant U.S. Attorney J. Michael Marous.

The civil case was investigated by U.S. EPA Region 5’s Land and Chemicals Division and Office of Regional Counsel, and the U.S. EPA Headquarters Office of Civil Enforcement, assisted by the Office of Pesticides Program.

More information about the civil settlement and recalled products: http://www.epa.gov/compliance/resources/cases/civil/fifra/scottsmiraclegro.html

28 Feb 2012
habitat for humanity fox cities

Building Successful Homeowners through Education

Providing low-income families with an affordable home addresses only part of the issue of poverty; in addition to building houses, Greater Fox Cities Area Habitat for Humanity works to ensure that our first-time homebuyers become knowledgeable homeowners.

Families that partner must demonstrate that they have a genuine need for decent, safe and affordable housing, that they have the ability to pay a 0% mortgage, and that they are willing to partner with Habitat by committing to 300-500 hours of ‘sweat equity’.  Sweat equity hours can be met by working on their home, volunteering on the homes of other Habitat families and attending workshops and education sessions.  As a part of their sweat equity, all the adults in our partner families are required to complete over 55 hours of homeowner education.

Habitat for Humanity makes these classes a requirement because we know that education and preparation is the key to self-sufficiency.  Of the 55 hours, about 30 hours focus on financial literacy and financial preparedness, including understanding their mortgage, establishing monthly budgets, planning for a financial emergency, etc.

Since our families are mostly first-time homebuyers and are often the first in their extended families to live in their own home, we also conduct classes that help them transition into homeownership.  The topics addressed in this track include how to be a good neighbor, community relations, and home maintenance.  It is with the help of our family partners, mentors and class facilitators that Habitat can offer such an extensive range of topics to get our families ready for financial stability, and Habitat is blessed to have so many experts in their fields lend their expertise to our families.

Their new yard is often the first time Habitat families have had a yard, and typically aren’t familiar with lawn maintenance or landscaping.  Backyard Organics has stepped in to help our Habitat homeowners with getting their new lawns established, and is donating their services for all our 2011 families.  The purpose of Backyard Organics is to create a safe environment for families, pets and the planet.  Backyard Organics uses safe, earth-friendly methods for weed control, soil conditioners and also offers soil manipulation and testing services.  Backyard Organics utilizes the principles set forth by the Northeast Organic Farming Association (NOFA), and was the first organic land care business accredited by NOFA.

For 2011, there are 14 Habitat families, which is an increase from 2010.  Greater Fox Cities Area Habitat for Humanity would not be able to increase our ability to provide decent homes in a holistic manner without the generosity and support of our wonderful volunteers and partner businesses like Backyard Organics!  

01 Dec 2011
Ask an Expert Backyard Organics

Exciting Improvements For 2012

Very little customization can be done with dry applications (early spring and winter applications), so they will remain the same for 2012. However, I have asked our agronomist to re-evaluate our wet applications in an effort to improve on the effectiveness of the application. The result of his findings and numerous conversations with professionals in the industry is new equipment, new products, and a new process.

Process Improvement

We will continue to apply products based on soil type; however, the rate of the application will now change, depending on your specific soil type. For example, soil types A and C will get a slightly higher rate of products (perhaps 1 to 3 gallons/1000 sq.ft vs. 2 gallons/1000) applied because of their lack of certain microbial activity. More product = more microbes which is lacking in soil types A and C.

Compost Tea Brewer

We have purchased a Greater Earth Organics compost tea brewer and will be setting that up in the shop during the off season. The brewer will allow us to formulate a tea that is more specific to our clients’ needs and is rich in numbers and diversity of bacteria, fungi, protozoa, and the more complex nematodes. “As these organisms eat, grow, and move through the soil, they make it possible to have clean water, clean air, healthy plants and moderated water flow,” according to Elaine R. Ingham. Each day of applications will start with a freshly brewed batch of extract and, when combined with our custom nutrient blend, will form the most diverse and active blend of microbial activity offered.

Harvard Tea

Click the link above to see how Harvard is using the same equipment that Backyard Organics uses.

Application Equipment

Modifications will be made to our compost tea application equipment in order to “protect” the microbes as they are being applied.

Nutrient Additives

In 2012 Bio Humus will be used as a standard nutrient to all soil types. In 2011 we added Bio Humus only at certain times during the year or to certain soil types. We have since discovered that Bio Humus can benefit all soil types, depending on the application rate.

We will continue to work with our agronomist, local professionals, and the Soil Food Web professionals throughout the country on the optimal biology and nutrient combination that is best for our soil types. Certainly, this is a science and a number of variables go into healthy productive soil; the key for us is to live, learn, and apply as we go.

Natural Thatching Additive

We will continue to use an additive in our final, early fall wet application that naturally expedites the decomposing of dead plant material (thatch) into organic matter; however, we have been told that with our new brewer we should no longer need the additive. We will keep a close eye on the wet applications and make necessary adjustments as we go.  Please email me to let me know how your thatch looks in 2012.  BYO’s Email Address

Testing Products for 2012 – We will be experimenting with a product called Cedar Gard, an insect control product we can add directly to our Summer applications. We would apply it at a preventative level, and an added bonus is that it would add a cedar smell to the tea. Initially, we’ll be exploring client interest and will experiment with it on a few yards during the summer applications.

Chemical Free Insect Control – Testing Phase only

Our Summer 1 and Summer 2 applications will include Cedar Gard to drive non-beneficial insects from the area. The aroma of cedar oil is lethal to non-beneficial insects which are driven by pheromone (odor) and heat stimuli. Cedar oil stifles the ability of the insect’s receptors to detect food and mates, and the oil disrupts its reproductive habitats. The affected insects are grasshoppers, mosquitoes (adults), springtails, and ticks.

Added Services

Garden applications of Compost Teas.  Following the success at Gardens of the Fox Cities and the feedback we received from this years clients that received garden applications of compost teas, we have decided to add the application to the services offered.  Pricing will vary depending on garden size and will only be available during the early spring and late fall applications.

Tree and Shrub applications.  Our new brewer and application equipment is now allowing us to provide the same benefits to trees and shrubs as we do with soils and turf.  Pricing will vary depending on size and quantity.  Application can be done throughout the growing season.

01 Dec 2011

Creating a Self Sustained Lawn Care Program and Why Bacteria Play a Large Role

What They Are and A Few Interesting Facts

Bacteria are minuscule, one-celled organisms that can only be seen with a powerful light (1000X) or electron microscope (we’re talking TINY). They can be so numerous that a pinch of soil can contain millions of organisms. Bacteria are tough—they occur everywhere on earth and have even been found over a mile down into the core of the earth.

Bacteria can be classified into five functional groups. Autotrophic (literally, self-feeding) bacteria are photosynthetic. They are the primary producers. Decomposers consume soil organic matter, plant litter, and simple carbon compounds, releasing the nutrients in these substances for use by living plants. Mutualists, such as nitrogen-fixing bacteria, form associations with plants and help them absorb nutrients. Pathogens are the bad guys— they cause disease in plants. The last group, the chemolithotrophs (literally, chemical and rock-eating) obtain energy from minerals rather than from carbon compounds.

Bacteria are common throughout the soil, but tend to be most abundant in or adjacent to plant roots, an important food source.

Actinomycetes are a broad group of bacteria that form thread-like filaments in the soil. They are responsible for the distinctive scent of freshly exposed, moist soil.

Why They Are Important

Bacteria are important in the carbon cycle. They contribute carbon to the system by fixation (photosynthesis) and decomposition. Bacteria are important decomposers in grassland environments. Actinomycetes are particularly effective at breaking down tough substances like cellulose (which makes up the cell walls of plants) and chitin (which makes up the cell walls of fungi) even under harsh conditions, such as high soil pH. Some management activities, particularly those that change nutrient levels in the soil, can shift the dominance of decomposers from bacterial to fungal. When one group becomes dominant where it shouldn’t be, there is also a shift in the rest of the system. The shift from bacterial to fungal dominance, for instance, can enhance the conditions favoring weed invasions on rangelands.

Bacteria are particularly important in nitrogen cycling. Free-living bacteria fix atmospheric nitrogen, adding it to the soil nitrogen pool. Other nitrogen-fixing bacteria form associations with the roots of leguminous plants such as lupine, clover, alfalfa, and milkvetches. Actinomycetes form associations with some non-leguminous plants (important species are bitterbrush, mountain mahogany, cliffrose, and ceanothus) and fix nitrogen, which is then available to both the host and other plants in the near vicinity. Some soil nitrogen is unusable by plants until bacteria convert it to forms that can be easily assimilated.

Some bacteria exude a sticky substance that helps bind soil particles into small aggregates. So despite their small size, they help improve water infiltration, water- holding capacity, soil stability, and aeration.

Wait! Aren’t there also “bad” bacteria? Yes, there are, but some soil bacteria suppress root-disease in plants by competing with pathenogenic organisms. The key is in maintaining a healthy system so that the good guys can do their work.

Bacteria are becoming increasingly important in bioremediation, meaning that we (people) can use bacteria to help us clean up our messes. Bacteria are capable of filtering and degrading a large variety of human-made pollutants in the soil and groundwater so that they are no longer toxic. The list of materials they can detoxify includes herbicides, heavy metals, and petroleum products.

The process that Backyard Organics uses to cleanse and enrich the soil, focuses on the quality, quantity and diversity of the microbiology that goes into our applications.  Diversity is important because, (depending on your soil conditions) every soil is different.  Having a wide variety of bacteria handles a wide variety of deficiencies.  In order for the bi-products of the microbiology to be of any value, however, the soil food web needs to continue its cycle with the help of arthropods, nematodes and protozoa’s, (the shredders, predators and grazers found in the third trophic level of the soil food web).  Backyard Organics provides the necessary predators by using good quality compost, naturally rich with nematodes and protozoa, and then extracts them using our brew process.  We then add a variety of appropriate nutrients that help the microbiology live and prosper until your soil is able to sustain itself.

 

Learn More!

“BLM NSTC Soil Biological Communities – Learn More.” BLM – The Bureau of Land Management. Web. 29 Nov. 2011. <http://www.blm.gov/nstc/soil/learn/index.html>.

Ingham, Elaine. 1998. The soil biology primer, soil bacteria. USDA, Natural Resources Conservation Service, Soil Quality Institute.

Kennedy, A.C. and R.I Papendick. 1995. Microbial characteristics of soil quality. Journal of Soil and Water Conservation 50 (3) 243-248.

Vollmer, A.T., A. Au, and S.A. Bamberg. 1977. Observations on the distribution of microorganisms in desert soil.Great Basin Naturalist 37 (1) 81-86.