Well, I wasn't hiding anything; I have made it known where I live and what I do. Not to mention the fact that I claim to not only be compliant, but that I take care of dealers. And yes, Mike, I obviously I wasn’t hiding my e-mail address either. The only thing I had not done was come right out say it. I don’t use this or other forums to grandstand. I realized this morning after reading your post, Jon, that you hadn't figured it out. So, I played devil's advocate. And since I am NOW KNOWN, let me set the record straight. Get ready, this is gonna be a long one.…
FIRST of all,
"There was this couple who pressure wash that used to follow other PWs around taking pictures then turning them in."
I changed my business over VOLUNTARILY, and after doing so, I was personally threatened, by ONE contractor here in Orange County. Not only did he call me and say that he was going to find all of my accounts, and would “do them all for free if I have to, just to wipe you out of businessâ€, I later received a death threat. I had gone out talking to MY customers about the changes we were making, and why. This other contractor came in to MY accounts that I had had for quite a few years, and tried to yank them from me, all based on price. Now, if it had just been “competition†that would not have been a problem. The problem was that this contractor came in and offered my existing customers work, for not only ¼, (or less), of what I was charging, but even offering to do work for FREE, just because he was mad at me for the dealers asking him questions about his operation. I know quite a few other contractors that have had as many problems with this individual as I have. I am not the only one that got hurt. The issue was unfair competition, and the manner in which he conducted things is a crime. (California B&P code 17200)That was the problem. And because the enforcement was sporadic at best, I could never get anyone to listen to the problems I was having. The customers refused to pay more, simply because they believed they dictated the price. So we started pushing enforcement. We also started an unbelievable public outreach program with the local EPA. We were trying to establish what the rules really were. In case none of you know, there has always been somewhat of a gray area when it comes to this field. By showing what we COULD comply with these rules, as opposed to having more, strict, ridiculous rules FORCED down on us, we could all achieve compliance without the help of their notoriously heavy hand. In the end, after numerous formal warnings to this contractor from the County, and the State, they filed Criminal charges against him. Through a plea bargain with the DA’s office he was fined and placed on probation with strict limitations against the disposal of hazardous wastes into the storm drains. And Convicted of CA Fish and game code 5650(a). On top of that, we have personally filed suit against 13 dealers here in Orange County for knowingly and willfully contributing to not only the unfair competition, but for the willful disposal of toxic/hazardous materials in to our storm drains. THIS is what will establish that WE, as contractors, dictate who they can use, and how it gets done. Not them. We can get back to a time when our customers were choosing contractors based on their merits, and not on price alone. ***Note: Before this even became an issue, this guy had a long criminal history including a Felony conviction.
Second, "They then went after the accounts and got them, funny thing is they got caught too!!"
NO, I have never been warned, fined, received any informal or formal notice of violation from any group, being government or not. Let alone being charged or convicted of ANY crime, State or Federal. And again, I never went after ANYONE ELSE'S ACCOUNTS. I was only trying to maintain the ones I already had. My compliance was VOLUNTARY, not forced.
Third, "A lot of you know about this, some of you might have met them at the PWNA if you were there and if you went though the seminar on waste water you met them." Yes I am the one that put on the seminar in Cleveland for the Environmental Certification Test for PWNA.
Fourth, "I understand PWNA was not to pleased and they KNEW about the background of this couple too. Why would they want someone who breaks the law running a seminar is beyond me."
PWNA has known my “background†since day one. If any of you were in Columbus OH for PWNA in the Fall of 1998, I was asked to get up and speak at my own expense, and spill my guts out about everything we were doing. I have been trying to establish a fair and equitable playing field for legitimate contractors since day one. Every enth of this entire issue has been about the right to earn a fair and honest living. It has not been based solely on anti-pollution. You have to ask yourself this question.. Would you stand up for the rights of everyone in the face of adversity, such as this after already making the changes, having done everything right and absolutely nothing wrong, Would you be willing to lose everything to so that fly-by-night illegitimate individuals can’t control the market or the industry that you have worked so hard to promote? I got an overwhelmingly good response from contractors and distributors at that show. I can not tell you how many times I have been thanked for taking the beating that I have so that everyone else benefits. They were actually grateful that someone was finally taking a stand about both the gray area with the environmental regulations, and the fly-by-night guys that screw it up for everyone. Now I am reading a public bashing because some people seem to have heard a botched version of our story, and do not really know what we have been through or why. PWNA specifically asked me to put together the Certification because of the amount of knowledge I did have, the work that I have been doing with regulators, and because I had been trying so hard to get this information out to other contractors for the last 3 years. If you want to accuse me of anything, accuse me of trying to help any and all other contractors so they did not end up in the same position that I was in. Again, it’s obvious you are not aware of this, but my business suffered greatly, because I tried to stand up against the low-ballers and the fly-by-nights. I had to take such a stand for this that I virtually slit my own throat with some of my customer base. And as far as PWNA is concerned, they have supported me for the last 3 years in everything that I have been doing. So, No, they did not put someone up there that had been convicted , charged, or even notified of wrong doing, and was just “doing their time†if you will. I didn’t stand there and say, “I screwed up, and learn from my mistakesâ€, I have said, “We moved to compliance in good faith, and hopefully the beating I have taken and the refusal to back out, will allow everyone the opportunities and the understanding to further their business through compliance.†I didn’t want to see anyone else end up in this position. And I still believe that All other contractors will benefit from this in the end.
Fifth, “They had and article in Cleaner Times’, no where in the two or three pages was any reclaim or recapture system showing, go check if you want to be sureâ€
I gave Cleaner Times a stack of pictures, when asked to write the article, and did. and those are the ones they picked. I had no say as to which ones actually went into the article. So, I really shouldn’t have to justify mismatched pictures. Besides, do you have full knowledge of the grading and drainage systems at that location? NO. Do you know what was outside of the scope of the camera? NO. Were you there? NO. These are simply your assumptions. I would recommend you leave them as such and keep them to yourself.
And obviously, the last statement: “I do believe that they read this board but never postâ€. Obviously, once again, you make erroneous statements without any knowledge of fact. If you have any other questions or comments, please e-mail me before you contribute to the furthering of viscous and unfounded rumors.
Kendra
P.S. – Jon, I answered this post before you made all of your edits. So, the questions don’t quite match anymore. But, the generalities are still addressed.
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