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INDUSTRY NEWS Final Regulations: EPA Will Not Regulate Crematories Last week, the U.S. Environmental Protection Agency notified Cremation Association of North America that in publishing final regulations the agency will maintain its decision not to regulate human or animal crematories. At issue was whether crematories should be regulated under the category of "Other Solid Waste Incinerators" (OSWI) in the Clean Air Act regulations. During the rulemaking proceedings, two commenters objected to exempting crematories by claiming that "the incineration of human bodies emits significant quantities of mercury and other hazardous air pollutants." It was also claimed that human bodies were classified as "discarded solid waste" under government regulations. However, the EPA disagreed with these claims and found that the regulatory definitions of "discarded" and "solid waste" do not apply to nonhazardous substances such as human remains. The agency concluded that "the human body should not be labled or considered 'solid waste'... and [crematories] are not a subcategory of OSWI for regulation...." EPA did leave the door open to potential future regulation but by either the states or "other authorities." The EPA findings were primarily based on the result of stack testing conducted by CANA and EPA, to which the ICFA was a contributor. New Monument Retailer Antitrust Litigation Filed in Federal Court Last week in new litigation reminiscent of the 1970s and '80s, the Michigan Monument Builders and two other plaintiffs filed a class action antitrust complaint in the U.S. District Court for the Eastern District of Michigan. Over 20 cemetery companies are named as defendants in addition to the Michigan Cemetery Association. Plaintiffs seek injunctive relief and attorney fees in the class action counts of the complaint, and "monetary damages, treble damages, counsel fees and costs" in the non-class action counts. The 46-page complaint alleges various anticompetitive and predatory practices such as, among other things, that defendants "effectuated a concerted effort to exclude outside monument retailers from selling and installing memorials and monuments in defendant cemeteries" and others in the state. The complaint also alleges "a continuous unlawful combination and conspiracy to unreasonably restrain trade and engage in unlawful tying arrangements..." Examples of such alleged conduct include "refusing to allow monument retailers to install foundations..."; "establishing a fee schedule to prevent monument retailers from performing such installations..."; "charging excessive and anticompetitive fees"; and "refusing to allow memorial retailers to sell mausoleums for installation in the cemetery..." among other claims. Highly publicized monument retailer lawsuits, such as the "Mack Moore" and "Rosebrough" cases, were filed in the 1970s and led to a spate of similar litigation during the 1980s. Earlier this year in litigation raising similar issues, a federal court ruled in favor of defendant cemeteries in Pittsburgh in Monument Builders of Pennsylvania Inc. v. The Catholic Cemeteries Association Inc. (see the March 29, 2005 edition of ICFA WIRELESS for details). ICFA NEWS "Survivor Manual" Binder: Your Guide to More Sales It is not too late to register for the Wide World of Sales Conference, January 12-13, 2006, at Treasure Island, Las Vegas, Nevada. Visit www.icfa.org/sales06.htm to download a registration form and hotel form This year's conference will provide attendees with their own personal "Survivor's Manual," an excellent reference tool to reinforce and supplement the conference session and to allow attendees to share the information with their co-workers. Each year attendees say the binder is the perfect tool to take away and use at their businesses throughout the year. This year's binder features a wide range of sales topics including: Prospecting
Just Announced: New Session Added to Annual Convention The 2006 Annual Convention and Exposition, March 13-16, at the Venetian Hotel and Resort, Las Vegas, Nevada, will feature over 50 speakers—the most successful and influential cemetery and funeral service professionals from across the country and the world. We are pleased to announce a newly added session by Wang Ji Sheng, general manager of Shanghai Fu Shou Yuan Industrial Development Co., in Qingpu Area, Shanghai, China, titled "The Development of the Cemetery Industry in China." Join Sheng as he speaks about how his company has established the leading cemetery and funeral benchmark enterprise in China-the first Chinese cemetery and funeral company to acquire ISO9002 International Quality Certification. For complete program details and to register for the 2006 Annual Convention and Exposition visit www.icfa.org/ac06.htm; or call 1-800-645-7700. Now Available! 'Grounds Up' Maintenance Article Packages The ICFA has compiled 25 previously published "From The Grounds Up" columns from International Cemetery & Funeral Management magazine and is offering them for sale as downloadable packages from the ICFA Store at www.icfa.org/Merchant2/merchant.mvc?. "From the Grounds Up" is written by Tom Smith and Tom Pfeifer of Spring Grove Cemetery and Arboretum in Cincinnati, Ohio, famous for its beautiful and well maintained grounds. In their columns, "Smitty and Fife" share proven methods, tools, and techniques they have learned through years of experience at Spring Grove. They discuss not only what needs to be done in your day-to-day cemetery operations, they share exactly how to go about it. Whether it is beautifying and maintaining your grounds, implementing programs to connect with the community or motivating your employees, Smitty and Fife have solutions for every cemetery maintenance and operations department. Articles are packaged in three separate sets:
Don't Forget to Sign Up For Your 2006 Music License! Reminder: All 2005 music licenses expire December 31, just over a week away. Your business is required by law to be licensed where music is performed, either live, played by recording or by the receipt of radio transmissions. Failure to obtain a license where one is required can be costly: Copyright law provides for damages similar to fines of up to $30,000 for each song that is infringed. The ICFA offers music licensing from ASCAP, BMI and SESAC for 2006 for a price of just $220 (down from the 2005 rate of $238)! For additional information on music licensing (including an FAQ page), and to obtain your 2006 music license, visit www.icfa.org/music; or call 1-800-645-7700. CLASSIFIED ADS Preneed Sales Management Position If you are looking for a career opportunity at a great location, we are looking for an experienced sales manager for our preneed sales department. We are a 120-acre memorial park located on the beautiful Palos Verdes Peninsula in Southern California. Our recently updated Master Plan illustrates 25-50 years of additional development and sales. Experience in pre-developed mausoleum sales is desirable. The ability to immediately expand the sales team and its results through recruitment, training and motivation is essential. The successful candidate will work closely with senior management and be responsible for developing and implementing departmental budgets. Excellent compensation and benefits. Please fax or email your resume to Ray Frew, Green Hills Memorial Park, 310-521-1320 fax; drfrew@aol.com. See our Web site at www.greenhillsmemorial.com. Please do not call. Computer Software Do you know where all your information is? Are you tired of the same old options out there? Are you looking for more from your computer system? MACCSTM, from FPA Software, is the complete mortuary and cemetery solution, providing all the functionality and features needed to effectively manage and operate a memorial park and mortuary today. From pre-need sales prospecting all the way through interment (and everything in between!), MACCSTM provides an easy to use, flexible, and completely integrated system for a memorial park and mortuary providing funeral services. Consistent with our approach of providing a completely integrated solution, the MACCSTM Mapping module provides GIS mapping capabilities integrated in real-time with information in the MACCSTM cemetery property database. Mortuary case management, service tracking, cemetery property management, integrated mapping, accounts receivable, pre-need trusts, serialized casket inventory, complete reporting and forms management - MACCS has it all. Please feel free to contact us at 818-501-3390 or visit our website at www.fpasoftware.com/maccs to learn more about MACCSTM. Reach Thousands of Cemeteries and Funeral Homes With Your Classified Ad!
And more ... The ICFA Store allows members to purchase the latest ICFA resources and training products online. Some products are available for immediate direct download, including the newly released Wirthlin Report on consumer attitudes and article packages on cremation, cemetery and funeral home valuations and trust funds. The ICFA News Page takes you to sources throughout the world for industry news and updates. It brings you the most comprehensive selection of funeral service and cemetery news available anywhere, along with frequently updated general news items related to national and world events. The News Page reports the news before anyone else and is one of the most visited page on the ICFA Web site. Stop in each day and you'll see why. The Network is an online e-mail service that offers ICFA members an easy, free way to share questions and answers to everyday on-the-job challenges. Recent discussions have examined issues such as working with the Muslim community, distance between burial sites, direct mail marketing, the growing popularity of geocaching at cemeteries, recruiting staff and more. Ideal for smaller companies with smaller budgets. Join today! The ICFA Internet Expo is the largest online exposition in the cemetery and funeral service industry. Cemetery and funeral home owners and operators will find 300+ providers in more than 100 product and service categories. Exhibit space is provided as a free, exclusive benefit to all ICFA supplier and professional members. Check it out today! Need a labor relations and employment law attorney? Check out ICFA's HR Law Benefit program offering members no-cost telephone legal consultations, paid for by the ICFA via an exclusive retainer agreement. ICFA members now also have access to an attorney for tax-related questions regarding trust earnings, care fund allocations, capital gains, investments and more. The ICFA has retained Leslie Schneider, CPA, a tax attorney with Ivins, Phillips & Barker in Washington, D.C., for telephone consultations for up to 20 minutes with no obligation. To take advantage of this member benefit, call Schneider at 202.393.7600. The ICFA and Applied Merchant Systems of Chicago, Illinois, currently offer members a Credit Card Processing Program with a special low discount rate of 1.75 percent, with no per transaction processing fee. This new benefit makes it less expensive for cemeteries, funeral homes, memorial designers and related businesses to accommodate customers who wish to pay via credit card. For more information, call 1-800-675-6573. The ICFA Insurance Program, administered by Driver Alliant, allows members to purchase commercial property and casualty insurance -- including general liability, commercial property, automobile liability and physical damage, umbrella liability, professional liability, workers compensation, employee benefits and more -- at rates they probably would not be able to afford on their own. To advertise in the ICFA Wireless: The ICFA accepts limited advertising in the ICFA Wireless newsletter, a bi-weekly newsletter e-mailed to all ICFA members that are current on their dues and have provided a current e-mail address. For rates and to place your insertion, contact Kim Ferguson at kferguson@icfa.org or 1.800.645.7700. To unsubscribe from the ICFA Wireless: Send an e-mail with "unsubscribe" in the subject line to: wireless@icfa.org. Please include your name and company name in the body of the e-mail. International Cemetery and Funeral Association 107 Carpenter Drive, Suite 100 Sterling, VA 20164 1.800.645.7700 703.391.8400 Fax: 703.391.8416 www.icfa.org Copyright 2005 International Cemetery and Funeral Association. |
