Indian Affairs

 Chenega Logistics — a well-connected  defense contractor owned by an obscure Alaskan Indian tribe — oversaw record keeping for all Superfund sites in EPA Region 7, including the controversial West Lake Landfill.

NJVC, a  Chenega Corp. subsidiary, has offices on Market Street next to Channel 5 TV in St. Louis.

Beginning in 2011, Chenega Logistics of Lorton, Va., received a five-year contract for more than $4 million to oversee record keeping for EPA Region 7 Superfund sites — including the controversial West Lake Landfill —The First Secret City has learned.

Details of the agreement between the agency and the shadowy, billion-dollar defense contractor are included in documents released by the EPA under the Freedom of Information Act.

Chenega Logistics is owned by the Chenega Indian Tribe of Alaska, and is one of many subsidaries of the sprawling Chenega Corp., which receives hundreds of millions of dollars in  no-bid contracts from various military and intelligence agencies under the terms of a Small Business Administration program that supports small, disadvantaged businesses.

The Region 7 contract ran between 2011 and 2016, according to the cache of documents. Prior to the awarding of the contract, U.S. Senator Claire McCaskill (D-Mo.) raised questions about the preferential treatment received by Chenega and other members of  Alaska Native Corporations in Senate hearings in 2009. The scrutiny stemmed some of the abuse, but did not halt all of the questionable practices.

The EPA  contract was administered by Chenega’s  Military, Intelligence and Operations Support, a shared contracting arm that also provides services to the U.S. State Department, Department of Justice,  FBI, National Security Agency, National Geospatial Intelligence Agency, Defense Intelligence Agency, Army Special Operations Command, Air Force Office of Special Operations, Army Southern Command, Navy Submarine Warfare Center, Army Communications and Electronics Command, and the Bureau of Indian Affairs. Chenega Military Intelligence and Operations Support’s current president is John Campagna, a retired U.S. Army Special Operations officer who is credited with integrating high-tech surveillance operations with existing intelligence gathering methods of American spy agencies.

John Campagna, president of Chenega Military, Intelligence Operations Support

Among Chenega Military Intelligence Operation Support’s 18 subsidiaries is NJVC, which has three locations in the St. Louis area. In 2013, the National Geo-spacial Intelligence Agency reissued a multi-year contract worth nearly $400 million to NJVC. The company has locations in downtown St. Louis; Arnold, Mo.; and O’Fallon, Ill.

Chenega Corp. employs more than 5,000 people, but  few of that number are Native American.

The EPA failed to respond to a request for further information regarding its relationship with Chenega Logistics.

 

 

 

1209 North Orange Street

Republic Services hides its dirty business by incorporating in Delaware, a state notorious for shielding corporations from public scrutiny. 

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285,000 corporations — including the Bridgeton Landfill — call the above address home.

Republic Services, the nation’s second largest waste disposal company, is headquartered in Phoenix, but its troublesome subsidiary — Bridgeton Landfill LLC  —  is incorporated more than 2,300 miles away in Delaware, a state known for its favorable corporate climate.

Bridgeton Landfill is a member of  the club that calls 1209 North Orange Street home. It’s a place where corporations behave like secret societies; companies flock to evade  accountability; and the cloaking of free enterprise is accepted as standard business practice.

The same address in Wilmington, Delaware, the state capital, is home to more than 285,000 corporations, including some of the largest in the U.S. and the world. The beige brick building with the red awning at 1209 North Orange Street is the business address for American Airlines, Bank of America, Apple, Google, J.P. Morgan Chase, Wal-Mart, Berkshire Hathaway, Coca-Cola and Ford, among others.

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The nondescript office on North Orange is also the mailing address for less scrupulous corporations allegedly engaged in illegal activities such as money laundering, drug trafficking and embezzlement. Investigative reporters for the Panama Papers organization and the Organized Crime and Corruption and Reporting Project have followed trails that dead-end at 1209 North Orange. Delaware secrecy laws make it nearly impossible to get a clear picture of companies that register in the state. Delaware’s lax corporate regulatory environment are comparable to off-shore tax havens such as Bermuda, the Bahamas and Cayman Islands, where Republic also has connections.

Because of the favorable business environment, Delaware currently has more corporations than people. Most of the companies operate legitimately and use the state to legally skirt taxes and avoid bothersome regulations.

In recent years, the U.S. Justice Department and World Bank have both expressed concerns over the situation and criticized the state for its laissez faire policies.

Bridgeton Landfill is most noted for its so-called “subsurface smoldering event,” an underground fire that has been burning since 2010 toward radioactive waste dumped at the site illegally more than 40 years ago. Republic Services, the owner of the site, has been fighting efforts for years by community members to remove the waste, which is located in a floodplain in North St. Louis County, approximately one mile from the Missouri River.

Last year, the EPA belatedly acknowledged that the radioactive contamination is seeping into the groundwater. Many residents believe the contamination is the cause of long-term health problems and deaths due to chronic exposure. Republic and its supporters reject these assertions and are backing a plan to bury the toxic waste at its present location. The EPA delayed making its final decision late last year, leaving the long-standing problem unresolved.

Avoiding legal liability is another advantage to setting up shop in Delaware. Republic can breath easier there, while nearby residents in North St. Louis County continue to gasp for air because of the  stench waifing from Republic’s toxic dump.

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Taking Care of Business

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When the DNR declared an emergency at the smoldering Bridgeton Landfill in 2013, the state agency skirted its formal bidding process, an out-of-state firm scored a sweet deal and the public was left none the wiser.

first published at STLReporter, Feb. 3, 2015

On March 18, 2013, environmental specialist Dan Norris and his boss Brenda Ardrey of the Missouri Department of Natural Resources quietly submitted a memorandum to Procurement of Services File RFP 3445-001. The memo shows that the department did not receive any bids that complied with the agency’s standards for air sampling services at the Bridgeton Landfill, where an underground fire has been burning near radioactive waste since 2010.

Nevertheless, a six-figure contract was awarded to SWAPE, an environmental firm from Santa Monica, Calif. The acronym stands for Soil Water Air Protection Enterprise. SWAPE, acting as a middle man, then hired a St. Louis-based subcontractor.  The paper trail indicates no complete bids were received even after the DNR extended the deadlines by more than two weeks. The DNR guidelines normally require a minimum of three competitive bids. Two companies ultimately proposed deficient offers. By its own admission, the DNR awarded the plum to one of those companies based on an incomplete proposal. The DNR was able to skirt its normal protocols by invoking an emergency clause in its procurement process.

“Essentially, there was a response to the bid, it just wasn’t complete,” says Norris, who recently left his job with the state regulatory agency.  “It was missing a couple things as far as the response to the actual form. DNR had not dealt with an event quite like this before. It’s not like there was just a playbook to go off of for sampling air around a smoldering landfill, at least not a playbook that Missouri had. “We were told to waste no time whatsoever on getting a contractor and getting boots on the ground out there to begin the air sampling. It was not the kind of thing that we wanted to hold up for administrative purposes. That’s why in early 2013 it was contracted out.”

Finding an environmental company then willing to challenge the interests of waste industry behemoth Republic Services, the landfill owner, appears to have been a difficult task for the DNR, according to public records obtained by StLReporter.  So the agency turned to a trusted consultant to act as its de facto headhunter. The consultant contacted industry sources and ultimately recommended SWAPE. After getting the nod, SWAPE quickly lined up a subcontractor in St. Louis to do part of the work.  Nobody involved in the deal will talk about it openly, citing contractual obligations.

When asked how the DNR first became aware of an environmental firm on the West Coast, Norris says: “I can’t comment on how we came to know SWAPE.” The two-year-old memo he co-signed indicates the firm was recommended by another contractor. Speaking from an undisclosed location by phone he also refused to talk about the price tag of the emergency air-monitoring contract. “I can’t comment on payment or billing or anything like that.”

Following an-age-old American custom, Norris has moved out West. He now lives in the Rocky Mountain Time Zone. He prefers not to divulge exactly where. Norris has exited Jeff City. But questions swirling around his leave-taking still plague his former agency like a bad case of the winter flu.

A Letter from Dan

Dan Norris - DNR State ID card

Dan Norris – MDNR State ID card

Early last month, Norris wrote a broadside, condemning the agency for its cozy relationship with Republic Services,  the company responsible for the site in North St. Louis County that is the location of a pair defunct landfills: one that’s smoldering and the other that contains radioactive waste dating back to the Manhattan Project.  The two adjacent dumps are both part of a long-delayed  Environmental Protection Agency Superfund clean-up site. In his parting shot, the former DNR staffer alleged that politics unduly influences regulatory decisions within the state agency, and that DNR employees are under the gun not to talk about it. The revelations have caused a stir inside and outside of the DNR.

Activists and community members familiar with the situation tend to agree with the whistleblower’s assessment, seeing Republic–the second largest waste hauler in the United States — as their foe. They point to Bill Gates’ stake in the company as evidence of the power that it wields. They allude to the company’s checkered environmental record elsewhere, including another smoldering landfill fire in Ohio. They also agree with Norris’ contention that Republic’s generous campaign contributions have swayed state lawmakers.                           

In that sense, it is not what Norris revealed that is relevant so much as the act itself. He broke the code of silence inside a department that in recent years has operated more like the CIA than a state environmental regulatory agency. Unfortunately, Norris’ criticisms of the DNR  are vague, and his complaints raise more questions than answers. His account of agency wrongdoing is sketchy. He lays blame but buttons up when asked for details.

Under prevailing rules, DNR has been assigned the responsibility of containing an underground fire and reducing the noxious odors at the Bridgeton Landfill. The state maintains that Republic is liable for the expense of the emergency air sampling costs, but it’s unclear whether the company has ponied up. Reached at his office in Washington, D.C., Republic spokesman Russ Knocke was unaware of the contract and said he would have to do some homework to determine whether the state has been reimbursed.

The radioactively-contaminated West Lake Landfill next door is the bailiwick of the federal EPA. As the two bureaucracies advance their separate agendas at a glacial pace, the fire is heading in the direction of the nuclear materials.

In Norris’ absence, the status of the clean up has become more uncertain than ever. The building of a state mandated barrier to stop the fire from advancing has been indefinitely delayed.  In the interim, doubts mount, finger pointing increases, and nobody seems in control. Missouri Attorney General Chris Koster recently expedited the state’s case against Republic for violations filed two years ago, but there is no sign of a settlement. If anything, the company shows indications of being even more resistant to DNR’s appeals. Meanwhile, the activists are stepping up their calls for Gov. Jay Nixon to take action.

From outside DNR’s closed doors, the scenario seems bleak. There would appear to be no winners. However, department documents and correspondence show how one group consistently benefits from the intractable predicament — outside contractors.

A Quiet State of Emergency

Norris says he met DNR contractor Todd Thalhamer in 2008 at a training seminar. For the last several years, Thalhamer has given talks on landfill fires sponsored by Stark Consultants Inc., which is owned by Tim Stark, another DNR contractor. Thalhamer moonlights as a consultant, too, and owns Hammer Consulting Service in El Dorado, Calif. He works full-time as an environmental engineer for the state of California and is a firefighter in the El Dorado Volunteer Fire Department. Thalhamer received a bachelor’s degree in environmental resources engineering from Humboldt State University in Arcata, Calif. in 1992. His five-page resume indicates he worked on his first landfill fire in Sacramento County the same year he graduated from college.  He has been under contract as a landfill fire expert for the DNR for the last four years.

Reached by phone in California, Thalhamer says the reason the DNR retains his services is because he has a unique skill set. “The only other individual that I’m aware of that has my expertise is a colleague of mine in British Columbia, and he’s outside the United States,” says Thalhamer. “I have a very unique background. I’m a fireman [and] a registered civil engineer. I do environmental emergency response in California and with EPA,” he says. “I’m one of the guys who trains the landfill owners and operators throughout the United States. My name is known in the industry.”

“Once DNR got Todd Thalhamer on contract,” says Norris, “Todd was able to inform us about certain things that we needed to be watching as far as the gas extraction well field, [and] additional data that we should be tracking.” Besides Norris, the team included two other DNR staffers, consultants Thalhamer and Stark and, a graduate student. “We tracked the landfill gas data from that well field from month to month. We started plotting it on maps to see what the overall condition was. At some point, we started to see signs that the event was spreading and intensifying.”

Then the odors at the landfill increased.

“By 2012, I was making a push that we really needed to collect some air-monitoring data to get a better handle on what the potential risks were from the landfill smoldering event, as well as just what risk that might be as far as exposing the community,” Norris says.

The increased odors coming off the Bridgeton Landfill in 2012 gave DNR cause for concern as public complaints mounted over the stench. This set the stage for the events that would lead to the emergency procurement contract in early 2013 in which Thalhamer would play a pivotal role.

By this point, the California consultant had the DNR’s ear, and his suggestions  extended beyond the technical aspects of  fighting landfill fires. When odor complaints jumped in early 2013, Thalhamer told the DNR to openly request EPA air testing as a way of calming residents fears.  “We need to ensure the public that the odor is just that — an odor and not a health risk,” advised Thalhamer.  “The quickest way to reduce the environmental worry in the community is to request the US EPA perform community and facility air sampling. Contractor data should be as valid as US EPA but we need to show the community we are concerned enough to make this request.”

A few months earlier in December 2012,  the DNR had held a one-day training session presented by Thalhamer at Republic Service’s headquarters on St. Charles Rock Road. Those in attendance included, DNR staffers, representatives of the Pattonville and Robertson Fire Protection Districts, and officials from the St. Louis County Health Department. Brenda Ardrey of the DNR arranged the meeting and Republic, picked up the lunch tab for the sandwiches from a nearby Jimmy John’s restaurant.

Thalhamer charged $150 an hour for his services. Including various conferences calls, planning and travel expenses, the bill totaled $6,695.49.

His performance impressed Ardrey so much that she arranged for Thalhamer to speak the next summer at the Missouri Waste Control Coalition’s annual conference at the posh Tan-Tar-A resort on the Lake of the Ozarks. The 400-member coalition is comprised of private waste companies, government regulators and consultants.

ozarks

The conference setting had the trappings of a country club, including a golf course, where the MWCC held its annual tournament over the same weekend. The clubby atmosphere between business and government regulators goes beyond  the 18th hole, however.  Ardrey’s boss Chris Nagel, director of DNR’s Solid Waste Management Program, sits on the advisory board of the waste coalition, and Larry Lehman, DNR’s chief enforcement officer, is on its board of directors. Besides Lehman, other board members include Randy Tourville of Republic Services and Lisa Messinger of EPA Region VII.

After DNR decided to fund air sampling at Bridgeton Landfill in early 2013,  Thalhamer put SWAPE on DNR’s radar. Thalhamer and one of the owners of SWAPE had both worked on a case related to another Republic landfill fire in Ohio years earlier. Within a week, SWAPE had secured the DNR’s air-sampling contract without going through the regular bidding process.

That’s because a month earlier, DNR had quietly invoked an emergency clause in the state statutes and allocated more than a half a million dollars for the job. Internal DNR emails show officials carefully researched the matter to make sure the agency followed the letter of the law in declaring the emergency.

Few outside the DNR knew about the emergency. No sirens went off. The governor didn’t issue an evacuation order. Residents were not kept fully in the loop. Instead, agency insiders kept the situation hushed. The only other company that expressed interest in the contract submitted a proposal that was less acceptable than SWAPE’s.

Unlike others wary of consequences, SWAPE showed no fear of rousing the ire of Republic because it had already had a falling out with the waste giant in the past. On March 21, within 48 hours of receiving the contract, Paul Rosenfeld of SWAPE flew to St. Louis for a one-day meeting with DNR officials.

A subcontractor identified in an invoice only as JB also attended the talks. John Blank is the the owner of American Environmental Laboratories, a St. Louis-based firm that SWAPE hired as a subcontractor.  Blank says the terms of his company’s involvement remain confidential, but he does reveal that SWAPE issued the requirements for conducting the air sampling — “the what and the how” — and the St. Louis lab reported the results back to SWAPE and the DNR.

The meeting between SWAPE and the DNR lasted 11 hours, according to public records. Rosenfeld charged $195 an hour. The subcontractor charged $120. SWAPE billed DNR a total of  $5,821.86 for the day.

The terms of the emergency air-monitoring contract approved by DNR on Feb. 15, 2013 stipulated a 60-to-90 day deal valued at $600,000. SWAPE’s incomplete proposal submitted on March 29 totaled $594,060. After the contract was signed, invoices and purchase orders were issued in quick succession.

  • On March 29, 2013, SWAPE submitted an itemized invoice of $15,198.32 for services rendered.
  • On April 2, 2013 the state paid the company another $6,000 for expert testimony.
  • A state purchase order for SWAPE’s products and services dated April 3, 2013, shows a bottom of line of $349,000.

Whereas, SWAPE submitted detailed, line-item accounting of services rendered, the state purchase order only lists itemized expenses as “environmental, ecological and agricultural services: miscel [miscellaneous].”  SWAPE continued its emergency air sampling under the initial arrangement through August 2013.

Ardrey referred all questions about the Bridgeton Landfill to the DNR information officer Gena Terlizzi.  Voice and email messages left for Terlizzi went  unreturned. When contacted, Beth Glickman, office manager for SWAPE, said: “We typically don’t talk to the press. We are still under contract with them (the DNR) and won’t be able to answer any questions.”

When asked  about his role in the process, Thalhamer says: “As you probably know, I’m under contract with DNR so I can’t speak to  issues surrounding that. … I understand your plight. I work for a government agency and I fight the same thing that you’re asking me for. But I also know contract law and know I’d be in jeopardy of breeching the contract.” Toward the end of the conversation, Thalhamer suggests digging deeper, and offers journalistic advise, including filing a state Freedom of Information request.  Speaking about the SWAPE contract, he says: “There’s some interesting information there if you can get that Rubik’s Cube figured out.”

Less enigmatically, Norris concedes that there may be an appearance of  something amiss in the state’s handling of the emergency air-monitoring contract, but he has no doubt that the public’s interest was best served by the decision.

“SWAPE had the expertise, the history of sampling around landfill fires elsewhere” says Norris. “I think that they were probably in the best position at that point and time to do the air sampling whether it was done by them or a subcontractor that was progressing in a fashion that was protective of public health,” Norris says.

“There was additional concerns from the community living around the site in large part due to the increase in odors, Norris says.  Benzene and certain others [chemicals] were elevated in the landfill gas. There were certain chemical compounds that appeared to be elevated downwind versus upwind of the landfill at least slightly.”

Air sampling at the site measured  dioxins, furans, benzene, aldehydes, reduced sulfur compounds and volatile organic compounds, all of which can cause serious health effects through long-term exposure. But  test results at the Bridgeton Landfill analyzed by the Missouri Department of Health and Senior Services found chemicals of concern to be below the threshold of concern for human health over the time frame of the emergency air sampling contract.

Norris doesn’t argue with those findings, but he does assert that politics is influencing science. “Politics seems to be invading the technical work to a greater extent than when I first started that’s for sure, [but] we were able to accomplish quite a bit even within the political confines during this event, especially in 2013,” he says.

Norris makes clear that his resignation and subsequent letter are unrelated to the SWAPE memo or the hiring of outside contractors in general.  “It was really kind of broader issues at the department,” he says. He mentions bureaucratic inefficiencies, the role of politics and lax enforcement as reasons for his discontent and departure, but stops short of placing the onus on anything specific, leaving the listener to turn Rubik’s Cube for himself.

Unit A at 205 Riverview Drive is vacant. A stack of native limestone blocks stands by the entrance, the only vestige remaining of the apartment’s last tenant. A for-rent sign is posted in the front yard and a sodden edition of the Jefferson City News-Tribune lies in the gutter. The brick duplex is located on a residential street in the sleepy Missouri capital, where on a mild January day a woman washes her shiny SUV in a nearby driveway. With a dog barking in the backyard and dinner on the stove in the kitchen, the occupant of Unit B leans against his front door jamb, warily answering questions about Dan Norris’ whereabouts. He is tight-lipped when it comes to the details, but says his neighbor of eight years moved out about three weeks ago and didn’t leave a forwarding address. — C.D. Stelzer

Damn Lies

The EPA fudged its 2014 test results of the Bridgeton Athletic Complex, assuring the public that the ballfields were safe, while withholding data that warranted further investigation. 

Internal EPA emails show the agency was aware that radiation levels at the Bridgeton Athletic Complex were above background levels, but failed to clearly alert the public of its findings in a timely manner.

The series of internal agency emails obtained by The First Secret City reveal that the EPA knew that multiple radio-isotopes found within inches of the surface at BMAC exceeded 5 pico curies per gram, one of the varying benchmarks set by government regulators to determine so-called permissible levels of exposure.

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Bridgeton Mayor Conrad Bowers and EPA Regional Administrator Karl Brooks at the 2014 BMAC press conference (courtesy of STL Radioactive Waste Legacy)

In an email dated June 23, 2014, Cecilia Tapia, director of Environmental Sciences and Technology for EPA Region 7,  cited differing action levels for radioactive isotopes and advised her colleagues that they should consider swapping one standard over another.

In her email message, Tapia cited the EPA’s supplemental feasibility study’s “action levels,” but added this caveat: “It may be more appropriate to use the SLAPS numbers.” 

Using one set of numbers instead of the other could have effected the EPA’s decision on BMAC.

SLAPS is the acronym for the 21.7 acre St. Louis Airport Site, a radioactively-contaminated property originally under the control of the U.S. Department of Energy.  In 1997, that clean up was handed over to the U.S. Army Corps of Engineers, which has authority over it and other sites in the St. Louis area through the DOE’s Formerly Utilized Site Remediation Program (FUSRAP).

DOE’s permissible levels are generally stricter than the EPA’s corresponding standards.

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EPA official Cecilia Tapia

The EPA official’s comment is subject to interpretation, but any way it’s sliced the numbers cited in the related email chain among EPA contractors and agency officials show one undeniable fact: The EPA had verified through its own testing that there were radiation levels of concern at BMAC, but then acted to downplay the significance of its own findings.

Three days after Tapia suggested revising the applicable standards, then-EPA Regional Administrator Karl Brooks assured the public there was no cause for concern. In its June 26 press release, the EPA announced without equivocation that it was safe to play ball at BMAC.

“EPA’s analysis of data collected from more than 58,000 surface points across BMAC suggests no levels of gamma radiation that would pose public health concerns for users of this facility,” Brooks said. “This was a thorough scientific survey, coupled with meticulous review and quality control checks of the data.”

Brooks assurances came despite knowledge that levels of Lead 210, Potassium 40, Thorium 234 and Uranium 238 detected at BMAC exceeded naturally occurring background levels of those isotopes in the environment. The administrator’s questionable assurances were based on an arcane agency formula that mandates remedial action only when radioactive contamination is found to be twice the normally occurring background levels. Moreover, EPA remediation standards are not as strict for  recreational areas.

Screen Shot 2017-06-06 at 4.13.50 PM.pngIn this case, the EPA gave its stamp of approval to allow children to play baseball in an area that was determined by its own testing to be radioactively contaminated.

Department of Energy guidelines for thorium and radium concentrations mandate they not exceed 5 picocuries per gram averaged over the first 15 centimeters of soil and 15 picocuries per gram in subsequent soil layers of the same thickness. The EPA testing at BMAC found Thorium 234 levels of 5.14 pico curies per gram. But EPA standards aren’t as stringent as DOE’s. The EPA’s  action level for Thorium is 7.9 pico curies per gram.

Before the EPA began any testing at BMAC, Brooks held a press conference at the Bridgeton City Hall on May 9, 2014 to announce that the ballfields were safe and dismiss the independent test results carried out by Just Moms STL, a community organization.

Dawn Chapman of Just Moms STL believes that the EPA deceived the public concerning the levels of radiation at BMAC. The organization she founded has been fighting for years  to remove the radioactive waste from the nearby West Lake Superfund Site in Bridgeton.  Chapman questions why the agency didn’t dig deeper after finding radioactive contamination near the surface at BMAC.

“That is what those bastards found in 2 inches of soil,” says Chapman. “These numbers show that it is there above background,” says Chapman. “The deception is that at no time did EPA admit to finding any waste on that field. There is a difference between it being there and it being there at clean up levels.”

 

For the Birds

In 2005, the city of St. Louis paid the owner of the Bridgeton Landfill a bundle to gain control of activities at the West Lake Landfill Superfund Site on behalf of the city-owned airport. Today, the city’s role remains largely invisible even though it may ultimately determine the future of the cleanup — if it hasn’t already.  

Karen Nickel of Just Moms STL introducing St. Ann alderwoman and County Council candidate Amy Poelker at a 2016 candidate forum sponsored by the organization.

Since 2013, Just Moms STL, a community organization, has held monthly meetings to raise public awareness of the EPA’s  West Lake Landfill Superfund Site in Bridgeton, Mo., a St. Louis suburb where nuclear waste from the Manhattan Project was illegally dumped in 1973.

At the opening of each meeting, organizers take a moment to recognize area elected officials or their representatives who are in attendance. They run the gamut of local to federal office holders: municipal councilmen, St. Louis County Council members, state legislators, representatives from the office of the St. Louis County executive, aides from all four members of the St. Louis congressional delegation.

It’s an impressive show of bi-partisan political support for citizens who are confronting this long-neglected environmental disaster.

But one seat in the room is always empty.

Noticeably missing from these gatherings — for the past four years — are representatives of the city of St. Louis or its mayor. Their absence comes despite the city’s having struck a deal with the landfill owner in 2005 that essentially allows the city to dictate operations at the former landfill forever.

The city acquired this influence in the old-fashioned way: It paid cash.

Under the 2005 agreement, which was brokered during the administration of then-Mayor Francis Slay, the city paid $400,000 to Allied Waste, the disposal company that then owned the troubled property. In return, St. Louis gained the legal authority to end operations there. The landfill was required to stop accepting trash and refrain from any further excavation.  Moreover, the site owner is mandated to conform in perpetuity to the restrictive terms set forth by the city of St. Louis inside the Superfund site. The covenant between the property owner and the city is neither superseded nor negated by the EPA’s separate land use restrictions.

In short: The city controls the site.

 

Under the agreement, not a speck of dirt may be dug up, turned over, rearranged, or excavated without the city’s approval. The city through its St. Louis Airport Authority,— has resisted any amendment of the agreement, citing federal safety regulations.

Though negotiations to alter the ruling have dragged on for years, the impasse has been downplayed or ignored by the news media and the public at large.

The fine print in the 2005 accord stipulates that future owners of the property must abide by the same set of restrictions. This means that the restrictive covenants put in place 12 years ago now apply to Republic Services, the waste disposal company that acquired the site as part of a merger in 2008.

Republic bought into the toxic mess at the West Lake Superfund Site when it acquired Arizona-based Allied Waste, which in turn had purchased the site from Laidlaw Waste Systems in 1996. The following year, Allied Waste merged Laidlaw Waste Systems of Missouri to create a Delaware registered subsidiary —  Bridgeton Landfill LLC.  That’s the company that the city of St. Louis cut the deal with in 2005.

If all of this sounds confusing, it’s because it is.

But one detail is clear:  Though the corporate ownership shifted, one executive’s name has been tied to the toxic landfill for 20 years: Donald Slager — the current CEO of Republic Services.

Screen Shot 2017-06-04 at 9.11.02 AMAs a company officer of Allied Waste, Slager signed the 1997 merger agreement that registered Bridgeton Landfill in Delaware, a state known for its strict corporate secrecy laws.

Sealing the little-known 2005 property pact with Bridgeton Landfill — known as a “negative easement” — allowed  the airport authority to comply with a Federal Aviation Administration  safety regulation related to flight risks posed by birds at St. Louis Lambert International Airport.

Bird strikes by commercial aircraft are fairly common and reopening the West Lake landfill could attract flocks of hungry birds. But in this case, disagreement exists as to whether the presence of birds at West Lake outweighs the hazard posed by allowing radioactive waste to continue polluting the environment.

FAA rules are focused on hazards in the sky, not on earth. So to address the winged threat, the FAA mandates that airports accommodating passenger jet service be located at least 10,000 feet from active landfills. The West Lake Superfund Site, of which the Bridgeton Landfill is a part, lies 9,100 feet from the nearest Lambert runway.

“Under the FAA regulations,  the airport is responsible for ensuring proper wildlife management practices are in place for whatever mitigation is ultimately selected for the landfill,” says FAA spokeswoman Elizabeth Isham Cory.  “The goal is to minimize any possibility for potential bird strikes.”

Granted that leverage, the city of St. Louis has found a way to kill two birds with one stone. It bought the negative easement ostensibly to conform with the federal regs but in so doing it acquired considerable influence over the choice of method that will ultimately be used to clean up the site.

In this case, a relatively obscure clause within a federal regulation is being used by the city to block plans to either contain the radioactive materials at West Lake or — the preferred choice of many community members — remove them. As a result, the air safety regulation presents a fixed impediment to the EPA’s efforts to address the long-term goal of protecting human health and the environment at the site.

The airport authority advocates capping the waste in place — the cheapest option. By no small coincidence, this remedy is also supported by Republic Services, the landfill’s owner.

In its 2008 record of decision, the EPA also favored leaving the waste in place and capping it, but the agency is now reconsidering the plan after encountering public opposition. In the interim, the agency acknowledged that seepage from the unlined landfill is contaminating groundwater at the site — which is located in a floodplain, 1 mile from the Missouri River.

The estimated cost of capping the landfill with dirt and gravel is $40 million. Removing the waste could cost 10 times as much. Though capping may save money, it merely buries the problem, and only ensures further contamination of the aquifer. Nor does it do anything to snuff out the underground fire that’s smoldering at the site.

The dilemma that no government source seems to want to talk about is whether the EPA’s mission to protect human health and the environment should take a backseat to a FAA reg that may or may not help ensure safety of air travelers. The EPA, St. Louis Airport Authority, and office of Lyda Krewson, the new St. Louis mayor, were all asked to comment and declined.

Enforcement of the FAA regulation on preventing bird strikes involves yet another federal agency, the U.S Department of Agriculture’s Animal and Plant Health Inspection Service, Wildlife Services. Agents from that agency were spotted inspecting the site earlier this spring. A spokesman for the agency declined comment.

A USDA vehicle was seen at the West Lake site on April 13. (photo by Robbin Ellison Dailey.)

Previous public statements by the airport director have indicated that the airport’s deal with the property owner has cut down the number of bird strikes at Lambert and that for this reason the 2005 agreement should not be amended or nullified.

In a five-page letter written by airport director Rhonda Hamm-Niebruegge to then–EPA West Lake Landfill Superfund Site project manager Dan Gravatt in September 2010, she acknowledged the seriousness of the presence of uncontrolled radioactive waste at the site but said that any action taken must not compromise the city’s obligation to protect public safety.

“The USDA Wildlife Service has advised the City that uncovered radiologically-impacted municipal waste at the West Lake Landfill will serve as a food attractant for a variety of bird species and increase the risk of bird/aircraft strikes at the airport,” Hamm-  Niebruegge wrote.

The airport director cited 600-plus incidences of bird strikes recorded at Lambert since the 1990s. After implementation of the 2005 agreement, she said, there was a marked reduction in such occurrences. The city again opposed digging at the landfill in 2014, when the EPA considered building a barrier to halt the advance of the underground fire burning in the direction of the radioactive waste. In this case, Hamm-Niebruegge and Jeff Rainford, chief of staff for Mayor Slay, co-signed a letter nixing any digging at the site for the same reasons cited four years earlier.

 

The ornithological suspects in the kamikaze flights have reportedly included vultures, geese, hawks, gulls, owls, and the lowly pigeon.

The safety of 13 million travelers flying in and out of Lambert each year each year was at stake, according to the airport director’s 2010 missive. It is unclear from the letter, however, whether any casualties have resulted from these mismatched encounters besides those suffered by our fine feathered friends.

“The plans shared with the Airport … indicate that any isolation barrier alternative will result in substantial amounts of putrescible wastes being excavated and managed at the landfill over a long indeterminate period of time. Due to the amount of putrescible waste being excavated and the lengthy period of the project, the Airport believes there is potential for a bird hazard to develop from activities associated with the construction of an isolation barrier,” Hamm-Niebruegge and Rainford wrote.

The barrier was never built, and the fire is still burning.

Some think the airport’s stance is for the birds.

Critics include former Missouri state Rep. Bill Otto, whose 70th District included Bridgeton and part of St. Charles County. Otto is a retired air traffic controller and a founding member of the National Air Traffic Controllers Association. He worked for decades at Lambert when the airport was a hub for TWA and American Airlines. In his opinion, excavating the landfill to remove the radioactive and chemical contaminants does not pose a realistic safety hazard, and the fear of bird strikes is unwarranted.

Former Missouri state Rep. Bill Otto.

“It’s simply not true. It is not a factor,” Otto says. He bases his belief on more than 20 years of professional experience. In his long tenure at Lambert, Otto says, the airport never experienced problems with birds resulting from landfill operations. At that time, the dump was open for business and accepting all manner of household refuse and garbage, as well as toxic waste. He adds that the airport then handled 75 percent greater air traffic volume.

Even if birds suddenly became an issue during the cleanup, Otto believes air traffic controllers could simply change traffic patterns to avoid the risks. Moreover, the cleanup plan itself could include measures to help keep birds from posing a hazard. “There are all kinds of ways to deal with it on a long-term or short-term basis,” Otto says.

Otto suspects that the real reason for the bird flap is two-legged interference on the ground. “Republic Services [the landfill owner] is pushing the airport, using the potential for bird activities as a reason it shouldn’t be excavated,” he says. “Honestly, I think it’s a political maneuver on their part.” Otto sees cleaning up the landfill as the top priority: “The needs of the community are greater than the traffic flow at the airport.”

Russ Knocke, the chief spokesman for Republic Services, did not return a call requesting a response to Otto’s comments.

The EPA’s own National Remedy Review Board concurs with Otto’s assessment. In its 2013 review of the West Lake Superfund Site, the NRRB stated that most of the contaminated sections of the landfill are located farther than 10,000 feet from any Lambert runway.

Moreover, the NRRB asserted that bird-related problems could be handled with little difficulty. “It should be feasible to use netting or devices (e.g. moveable tent or building) for the short amount of time that would be needed to excavate or treat the RIM [radiologically impacted materials],” said the the NRRB.

Most important, the NRRB review stated that the environmental law that governs EPA Superfund sites is not restricted by the airport’s move to conform to FAA regulations. The review board, however, may only offer its opinion; it has no enforcement powers. In other words, the negative easement held by the St. Louis Airport Authority has not been overturned and remains legally binding.

Many Bridgeton residents have difficulty accepting the airport authority’s position at face value. Their doubts are based on shared history and collective memory. The distrust stems from the imposition of past FAA and EPA fiats by the city of St. Louis and its airport authority. At first glance, these events seem unrelated, but they’re part of the same long-term plan that has had a devastating overall impact on Bridgeton.

Grasping how these machinations fit together requires some understanding of the political jurisdictions that divide the St. Louis area. Bridgeton is one of more than 90 incorporated municipalities in St. Louis County.  These suburban fiefdoms surround the city of St. Louis, which is itself independent from St. Louis County thanks to boundaries drawn in the late 19th century. The idea of unifying the region is the subject of perennial civic debate that has never progressed beyond the talking stage. Because of this peculiar jurisdictional arrangement, the city of St. Louis has been stymied from exerting influence over the independent incorporated municipalities in St. Louis County.

Bridgeton is the exception to that rule: The city of St. Louis owns the airport — which is located inside the Bridgeton city limits.

The deal hashed out in 2005 between the city of St. Louis and the landfill owner was originally spurred by airport expansion plans initiated in the 1990s, most notably a proposal to build a controversial billion-dollar runway. The now-completed runway project required more than 2,000 homes in Bridgeton’s Carrollton subdivision to be razed so the airport could adhere to EPA sound-abatement guidelines.

Though many Carrollton residents opposed the forced buy-out, bulldozing moved forward in a matter of years. More than 5,000 Bridgeton citizens were dislocated, and the city of St. Louis is now the absentee landlord of the abandoned property, which resembles a ghost town. The homes are gone, but vestiges of habitation still haunt the place. Ornamental trees and shrubbery dot the landscape. Grassy lawns outline where homes once stood. Light standards and utility poles provide an eerie symmetry. A living room sofa sits in the middle of one former thoroughfare.

An empty  street in the abandoned Carrollton subdivision.   (photo by Alison Carrick)                                            

Across town from Carrollton, another Bridgeton subdivision now finds itself in limbo. Residents of Spanish Village endure the stench from the underground fire at the nearby West Lake Superfund Site, their lives in a holding pattern while the EPA’s bureaucracy and the city of St. Louis wrangle over the terms of the clean up.

Robbin Ellison Dailey is one of the Spanish Village residents whose lives have been affected by the West Lake mess. Her husband Mike, who has chronic obstructive pulmonary disease, was recently hospitalized because of the condition. The couple, who’ve been exposed to the air pollution from the dump for years, have filed a lawsuit against the current owner of the landfill. Late last year, independent testing confirmed the presence of radiological particles in their home, and since then other homes in the subdivision have tested positive. But the EPA’s sampling of Spanish Village residences did not detect increased levels of radioactive materials. The agency says there is no reason for concern.

Not surprisingly, Dailey doesn’t trust the EPA’s findings any more than she believes the airport’s reasons for opposing excavation at the landfill.

“I think it’s the lamest excuse I have ever heard,” says Dailey. “It’s like they’re [willing] to put safety of aircraft over the safety of individuals and communities that are having to live with this problem in their midst.” There is no need to sacrifice the safety of either, in her opinion. She says that airport controllers could guide planes around the landfill, using a different flight path. “They don’t have to come in over the landfill. This bird situation is absolutely ridiculous.”

Dailey’s view seems reasonable, but decisions regarding the landfill never have been dictated by common sense or the common welfare. Instead, the priorities of powerful special interests appear to be what’s guiding policy decisions.

According to the EPA’s 2011 supplemental feasibility study: “The city’s control over the site “shall end only if and when the City of St. Louis chooses in its sole and absolute discretion to abandon its negative easement.” Persuading the airport authority to relinquish the power it holds over the site is unlikely; it has shown no sign that its position has changed. In its 2011 report, the EPA noted that the airport authority had indicated that any “excavation remedy would create risks that they could not even calculate.”

Although the airport authority has paid lip service to addressing environmental hazards at the site, the landfill’s litany of pollution problems is apparently still off its radar. Besides the underground fire, the final cleanup plan must take into account the radioactive and chemical contaminants that are known to be leaking into the aquifer in the floodplain, just a mile from the Missouri River, which provides drinking water to a large portion of the region’s population.

When asked to give the city’s position on the West Lake issue, a spokesman for newly elected St. Louis Mayor Lyda Krewson declined to comment. The reticence itself sends a message: It’s business as usual at City Hall.

The original version of this story incorrectly cited Laidlaw Waste Systems as the company that signed the negative easement with the St. Louis Airport Authority in 2005. That is incorrect. Allied Waste, the then-owner of the Bridgeton Landfill, agreed to the arrangement. 

Disappearing Act

 Government radiation test results of  Coldwater Creek are missing and presumed destroyed, says the chief of the St. Louis County Health Department. Meanwhile, independent testing has forced regulators to take a second look at a contaminated site they failed to cleanup next to Coldwater Creek in the past.  

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Records compiled as a part of a multi-agency investigation of  potential radioactive contamination of Coldwater Creek during the 1980s  are presumed to have been destroyed  as a part of an “archival cleanup,” says Faisal Khan, the Director of the St. Louis County Department of Public Health.

The revelation came in response to a Missouri Sunshine Law request filed in October 2016.  In his reply, Khan wrote: “Having searched our archives, we have not found any records are documents pertaining to any Cold Water [sic] Creek testing involving the then St. Louis County Department of Health. Any records are likely to have been destroyed in the course of scheduled archival cleanup.”

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The testing is mentioned in a 1986 letter from then-St. Louis City Health Commissioner William B. Hope to St. Louis Alderwoman Mary Ross (D-5th Ward). In his letter, the city health official sought to alleviate the elected official’s concerns. Hope stated that periodic testing of the city’s water supply failed to find any “significant detectable levels of radioactive elements.”  The letter does not explain what amounts of radiation would be considered “significant.”

The letter makes clear the testing was conducted secretly over an extended period of time. “For years, I have quietly had the intake water supply monitored at various intervals for any evidence of  radioactive contamination,” wrote Hope.  He added that he would continue to have the city’s water supply monitored for the “indefinite future.”

The city health commissioner attempted to further mollify the alderwoman by informing her that the city was conducting a joint monitoring program of Coldwater Creek with the St. Louis County Health Department.

“In addition, there is an ongoing monitoring of Coldwater  Creek seepage being jointly conducted by the St. Louis County Health Department and the City’s Health Division,” wrote Hope.

Word that the county’s records have disappeared follows in the wake of an independent laboratory analysis last year that indicates radioactive contaminants may possibly still be seeping into Coldwater Creek near the Hazelwood Interim Storage Site (HISS) in Hazelwood.

The EPA was informed by email of the independent findings in Feburary 2016. screen-shot-2017-01-24-at-9-26-01-pm

In the message, nuclear engineer Marco Kaltofen alerts the EPA — which has authority over Superfund sites —  to the location and exact levels of contamination, which far exceed the agency’s permissible amounts.

“The sample was collected in the rail spur area adjacent to Coldwater Creek at Latty Avenue in Hazelwood, Mo,” Kaltofen wrote. “As you can see from the attachment prepared by the laboratory, 230-Th [thorium] activity is 10,923 pCi/g. Total Uranium activity in this sample is 854 pCi/g, with an enrichment level for 235-U [uranium] of 4.1 %, which is about average for civilian grade nuclear fuel materials.  The total sample activity is 320 KBq/kg (320,500 Bq/kg). These numbers are very significantly elevated above all pertinent environmental standards.”

The email was also sent to officials at the Missouri Department of Natural Resources and the U.S. Army Corps of Engineers.

Kaltofen is a member of a trio of experts that published a scientific paper in late 2015 on radioactive contamination in St. Louis County that is leftover from the Manhattan Project and Cold War eras. The other two authors of the report are Robert Alvarez and Lucas Hixson. Their research was funded by environmentalist Kay Drey and appeared in the Journal of Environmental Radioactivity.

The sampling results submitted to the EPA by Kaltofen is part of a continuing independent investigation of St. Louis area contamination by the group.

The site in question, known as VP-40A,  had previously been tested by The U.S. Army Corps of Engineers and is mentioned in its 2005 Record of Decision. The contamination is located on railroad property that was deemed by the Corps to be “inaccessible,” and therefore exempted from the cleanup —  which has been shutdown and declared completed.

In late October, the Missouri Department of Natural Resources, which shares responsibility with the Corps, retested the location and said that the levels of contamination at the site match the historic record established by the Corps’ earlier testing.

The details of the testing have been been requested from MDNR by The First Secret City, and the Corps has also been asked why the site was exempted from the original cleanup of the area, which is referred to as the Hazelwood Interim Storage Site.

 

 

 

 

The Earth City Connection

quanterra

Twenty years ago an address in Earth City appeared in a story that I did about an EPA contractor with clear conflicts of interest. I uncovered that the testing lab partially owned by  the company responsible for the Times Beach Superfund clean up had provided questionable testing results related to the site to the agency.  Moreover, the name of the laboratory at 13715 Rider Trail North had changed, adding another layer of obfuscation to an already murky business. The previous operator of the lab at the same location had been convicted of fraud. In the 21st-Century, the name has changed again, but the address remains the same. Now the laboratory at the same address is called TestAmerica, and it is still doing environmental testing — except now it’s at the radioactively-contaminated West Lake Landfill site.  

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Riverfront Times

Aug. 26, 1996
by C.D. Stelzer

When IT Analytical Services merged with another company and became Quanterra Environmental Services in 1994, the nascent laboratory didn’t even bother to change the phone number. The newly formed company also remained at the same location, 13715 Rider Trail North, in a strip of innocuous one-story offices known as the Business Center in Earth City. The doors to the lab were locked last Saturday, and mirror windows made it impossible to see the interior.

Corporation records at the Missouri secretary of state’s office in Jefferson City show that Quanterra was officially dissolved as a business in the state in late 1994. Nevertheless, the lab took part in important tests of stack emissions conducted in November 1995 at the Times Beach dioxin incinerator, an Environmental Protection Agency (EPA) Superfund cleanup near Eureka.

The test results assured the EPA, the Missouri Department of Natural Resources (DNR) and the public that the incinerator would operate safely. Based on these test results and other criteria, the DNR issued a requisite permit for the incinerator to operate earlier this year.

Despite the mirror windows at the lab and the smoke now flowing from the incinerator stacks, this much is clear: IT Analytical was owned by International Technology Corp. (IT), and Quanterra, its successor, is still partially controlled by IT — the builder and operator of the Times Beach dioxin incinerator.

IT, in turn, has a contract with Syntex, the corporation held liable for disposing of dioxin-contaminated soil at Times Beach and more than two dozen other sites in Eastern Missouri. In short, the lab involved in testing incinerator emissions is partly owned by the company that operates the incinerator.

Steve Taylor, an organizer for the Times Beach Action Group (TBAG), objected to the Quanterra-IT relationship in a meeting with high-level EPA officials last Wednesday night at the Hilton Hotel in Frontenac. Robert Martin, the ombudsman from the agency’s Washington, D.C., headquarters, chaired the meeting, which was attended by 15 citizens, an aide to U.S. Rep. Jim Talent (R-2nd) and two other EPA officals.

“We have always had problems with how the trial burn was conducted. Now we have found that IT — the owner of the incinerator — was solely responsible for the physical custody of the stack samples,” Taylor says. “There has always been a serious problem with credibility with (EPA) Region VII and the information that we’ve received pertaining to this incinerator. To date, this is probably the most blatant example of allowing those who have a financial interest in this cleanup to proceed without any oversight.”

That a laboratory with ties to the incinerator operator would be allowed to handle test samples from a Superfund site is enough to raise concerns, but there is another nettlesome detail that casts doubt on the credibility of the lab work. In 1990, IT purchased the assets of metaTRACE, a laboratory located at the same address in Earth City and having the same phone number as the two previously cited labs.

In the year preceding the acquisition, metaTRACE came under scrutiny for conducting fraudulent tests for the EPA, including faulty soil analysis at Times Beach and other dioxin sites in Eastern Missouri. Ultimately, the EPA canceled metaTRACE’s contracts and two company officials pleaded guilty to fraud charges. The rescinded contracts had a value of more than $8.7 million. Most of that money was earmarked for EPA Region VII, which includes the St. Louis area.

After purchasing metaTRACE, IT moved its own analytical operation into the defunct lab’s Earth City office. MetaTRACE didn’t dissolve until 1992, according to Martha Steincamp, head counsel for Region VII. So it appears IT Analytical in some manner shared the facility. IT even hired some of metaTRACE’s employees, Steincamp concedes.

When the sign on the front door changed to Quanterra in 1994, IT Engineering conveniently moved in next door. Again, if this is not disturbing enough, state records show that Quanterra was dissolved in December 1994 for failure to file an annual report. Quanterra,in other words, doesn’t even exist as a corporate fiction in the state.

IT created Quanterra in May 1994, when it merged IT Analytical with Enseco, an environmental test lab owned by Corning Inc. Originally, each company held a 50 percent stake in the joint subsidiary. IT’s share of the lab has since decreased to 19 percent, following a $20 million buyout by Corning in January. The change in the percentage of ownership, however, did not take place until after critical stack-emissions tests were conducted in November. The results of those tests were published in January. Quanterra’s name appears on the title page of that report.

Despite the lab’s obvious role in the stack tests and its connections to IT, Bob Feild — the EPA project manager at Times Beach — denied knowledge of Quanterra’s participation at last week’s meeting in Frontenac. Under questioning by Mick Harrison, an attorney for the Citizens Against Dioxin Incineration (CADI), Feild stated: “I’m not aware of any involvement that they (Quanterra) had in the chain of custody.”

Feild’s denial contradicts documents provided to the RFT by the Region VII office last Friday. The documents show a representative of Quanterra signed over stack-emissions samples to an employee of Triangle Laboratories of Durham, N.C. Triangle was charged with analyzing the samples.Nevertheless, a lapse of seven to eight days existed between the time the samples were collected and the point when Quanterra handed them over to the other lab. Environmentalists familiar with the case say the time lapse could invalidate the tests results, if the samples were not stored and handled properly.

In a phone interview on Monday, Feild dismissed all of these issues as inconsequential. Feild argued that it is standard procedure for the incinerator operator to collect test samples. He claimed all aspects of the tests were overseen properly by the EPA and that safeguards prohibited any kind of manipulation of the findings. “We haven’t done any research as to the current status of a company called Quanterra,” Feild says. “It doesn’t really matter if IT themselves did the work or if they paid a partially owned subsidiary to do the work. The contractual relationship between the operator and Syntex is really not pertinent here. It’s not our concern, and we certainly don’t have that information. We don’t know who Quanterra is under direct contract with.”

The RFT filed a Freedom of Information Act request with the EPA on this matter last Friday. In a letter to EPA regional administrator Dennis Grams last week, Rep. Talent, whose district includes Times Beach, requested “all chain of custody documents for all stack samples collected during the dioxin stack test, which took place in November of 1995.” A spokesperson for Talent could not be reached for comment. Spokespersons for IT, Quanterra and Corning did not return calls placed to them.

An official at the EPA’s Criminal Investigations Division in Kansas City would not confirm or deny whether an inquiry had been initiated into the matter.

This latest controversy follows an announcement in July that the completion date for the incineration has been pushed back to early next year because an estimated 70 tons of additional contaminated dirt will need to be burned.

Since initiating operations in March, the incinerator has been plagued by a series of emergency releases that have spewed unknown quantities of untreated dioxin-contaminated particulate matter into the atmosphere.

The EPA’s own dioxin draft reassessment concludes that dioxin is a likely human carcinogen and is responsible for reproductive and immunological problems. EPA research further indicates that everyone is already overexposed to the toxin, and incineration is one of the sources of the pollution.

“One Good Reason to Avoid Landfills”

In a sarcastic email exchange, a Missouri Department of Natural Resources expert gives his candid assessment of the situation at West Lake Landfill, circa 2013. In a word, it’s “HORRIBLE.”

 

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For years, the Missouri Department of Natural Resources (DNR) has remained quiet regarding the situation at the West Lake Landfill. The state regulatory agency claims it can’t comment publicly because of pending litigation filed on its behalf by the Missouri attorney general against Republic Services, owner of the smoldering, radioactive landfill.

As a result, DNR’s reticence has helped spur mistrust among residents, who remain enraged over the stalled clean up of the EPA Superfund site in North St. Louis County, where an underground fire has been smoldering for more than four years.

The DNR email cited in this story — which was released by the state agency under the Missouri Sunshine Law, takes a small step towards breaks the state agency’s silence.

Unfortunately, it’s bad news.

In a word, the state official who penned the correspondence considers the stench wafting from West Lake Landfill as “HORRIBLE.” At the same time, he appears relieved that he isn’t responsible for dealing with the problem.

“The gas seeping out is HORRIBLE,” said Chris Cady, a DNR project manager for the agency’s Brownfields Clean Up Program. When Cady sent the message on March 28, 2013 to a family member, he also mentioned another danger: “If that wasn’t enough, a remote section of the landfill has thousands of tons of radioactive tailings from uranium enrichment by the Malinkcrodt (sic) Chemical St. Louis plant during the cold war which was moved and re-disposed there in 1973.”

Of course, there is nothing “remote” about the location of the radioactive waste at the landfill. The contamination is present prominently in two location, one of which borders the front of the landfill along St. Charles Rock Road. Moreover, since Cady wrote the email three years ago, the underground fire has moved even closer to the radioactive materials.

Cady, a PhD, also took exception to a warning raised in 2013 by an unnamed academic expert who also holds a doctoral degree. “Now some university professor (darn those PhDs) says the landfill gas could explode in a dirty bomb scenario and contaminate everyone with rad waste. Which is bogus, but simply adds fuel to the fire,” Cady wrote.

The recipient of Cady’s email responded by saying “the dirty bombe (sic) scenario is funny, or would be if it wasn’t so sad.”

Cady titled the subject of his email: “One good reason to avoid landfills,” and described the situation as a “mess.” He judged the problem to be “a bad one, [a] real public health threat and an emergency.” At the same time, Cady seemed to dismiss the risks posed by the radioactive materials, and said that the subsurface smoldering event at West Lake was not that “uncommon” despite their presence.

Based on his cavalier tone and condescending attitude, it’s a safe bet that the agency he represents is not intent on doing anything beyond kibitzing in private, and letting the fire run its course. In the meantime, about the only action the DNR can be counted on to do is  doles out more contracts to privateers.

Secret Agent Man

Former EPA official John C. Beale alleged he was a CIA agent for years, attributing his absences to covert missions, and charging the environmental agency nearly $900,000 in travel costs, bonuses and overtime pay. After confessing, he went to prison. His boss — Gina McCarthy — received a promotion.  

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When self-professed CIA agent John C. Beale left the halfway house in Philadelphia on June 1, his unheralded release marked the end of a bizarre saga that began quietly in 2000. For the next 13 years, under both Republican and Democratic administrations, Beale told his EPA colleagues that he worked for the CIA.  Finally, when confronted about his alleged covert activities in 2013, Beale claimed he had fabricated his espionage career to get out of work. By this point he had reportedly fleeced the government out of $866,168 in travel expenses, bonuses and compensation. He pleaded guilty of felony theft charges, promptly paid a seven-figure fine and was sentenced to 32-months in federal prison.

Beale served only 18 months before he walked, a veritable slap on the wrist for the crime to which he confessed.  But his boss, EPA administrator Gina McCarthy,  to whom Beale reported, survived the scandal unscathed and was actually promoted to head the agency in the wake of the controversy.

The press had a field day with the Beale affair. C-Span covered the resulting congressional hearings. NBC and the Washington Post reported the story,  as did various online publications and the Associated Press. Wire service coverage appeared in nearly 100 newspapers coast-to-coast. Newspapers that reported the story included the Albuquerque Journal, Pittsburgh Post-Gazette, Iowa City Press-Citizen, Great Falls Tribune, Baxter Bulletin and the Poughkeepsie Journal.

In St. Louis, however, the whole sordid affair went unreported because the The St. Louis-Post-Dispatch failed to mention Beale’s misdeeds.

A significant story involving corruption at the highest levels of a federal agency  were overlooked. An entire metropolitan region  left uninformed by its only major daily newspaper, hundreds of thousands of readers kept in the dark.

For St. Louisans, it was as if the Beale affair never happened.

The lack of coverage by the Post-Dispatch was even more egregious because of the EPA’s mishandling of the West Lake Landfill clean up in St. Louis County.

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Radioactive waste from the Manhattan Project and Cold War era had been illegally dumped at the West Lake Landfill in 1973. The EPA had taken over the Superfund site in 1990. But by 2013, the agency had yet to clean up the mess, and the natives were getting restless. Thanks to social media,  a community group dedicated to the issue, STL Just Moms, grew by leaps and bounds. Among its primary goals:  the protection of human health and the removal of the waste from the Missouri River floodplain. Another of the organization’s main objectives is to ditch the EPA altogether and hand over the clean up to the U.S. Army Corps of Engineers.

While the local outrage ramped up here, corruption charges were being leveled against top EPA officials implicated in the  Beale affair.  But in St. Louis few people knew about the agency’s troubles in Washington because of the local news blackout.

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In the nation’s capital, it was a big story. The U.S. Senate and House of Representatives took a keen interest in the Beale’s shenanigans and lambasted EPA administrator McCarthy for her involvement.  On October 1, 2013,  for example, Beale himself  was grilled  before the House Committee on Oversight and Reform for hours. His written statement is 263-pages long.

Nevertheless, a blanket of censorship remained in place in St. Louis.

“The name is Beale, John Beale.”

Beale had started working at the EPA in 1988 and was soon elevated to the position of policy analyst. His areas of expertise included the Clean Air Act and climate change. In 2000, he began taking days off of work to allegedly attend CIA meetings. Over the course of the next decade his absences increased. By 2008, his days off increased dramatically, when he requested and received a six month hiatus to ostensibly take part in a CIA covert operation. After the Obama administration came into power in 2009, McCarthy became Beale’s boss in the EPA’s Office of Air and Radiation, and his role as the EPA’s secret agent continued uninterrupted. She didn’t question his alleged CIA ties if anything she accepted the idea without reservation.

In September 2011, Beale and two other EPA officials threw a retirement party for themselves on a yacht in the Potomac River. EPA Administrator Gina McCarthy attended the shindig. She considered Beale to be one of her most competent managers. At same time, she  was also aware of his alleged dual role as a CIA agent, but, nevertheless, lamented Beale’s  departure from the EPA. None of this raised any red flags for a long, long time.

But the saga gets weirder. Beale officially retired in early 2012 but he inexplicably continued to receive his full salary after his retirement. By this time, Beale’s paycheck, which included bogus bonuses, exceeded McCarthy’s  salary. He was the highest paid employee at the EPA and he wasn’t even showing up for work. Beale was pulling down a full-time salary of $206,000 from the EPA — after he had retired.

under the guise of national security

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When the EPA Office of Inspector General began investigating Beale, its probe was upended by a little-known subunit within EPA administrator Gina McCarthy’s inner sanctum. McCarthy’s chief of staff was in charge of the obscure detachment, which calls itself the EPA Office of Homeland Security.

This  questionable operation is not part of the Department of Homeland Security and was run without oversight, after being set up in 2003 to deal with possible terrorism threats against sensitive environmental sites. Its intended purpose was to coordinate protocol with the FBI. It has no statutory authority to conduct internal investigations. But that’s exactly what it did in John C. Beale’s case, much to consternation of the EPA Office of Inspector General.

Testifying before the same congressional panel that Beale appeared before, Assistant EPA Inspector General Patrick Sullivan said that the investigation of John Beale had been  obstructed because Beale had been tipped off that he was a subject of interest by McCarthy’s sketchy security apparatus run out her office and headed by Gwendolyn Keyes Fleming, the administrator’s handpicked chief of staff.

“The OHS’ actions, which included several interviews with Mr. Beale, damaged the OIG’s subsequent investigation,” Sullivan told Congress.

McCarthy was far from the only one who believed Beale was a CIA agent. Some of Beale’s colleagues at the EPA still remain convinced that he was a covert operative. Moreover, Beale’s wife was under the assumption that her husband worked clandestinely for the CIA since 1994.

Nancy Kete, Beale’s spouse, met him when she was employed by the EPA. She took a sabbatical from her EPA duties in the early 1990s to work in Paris as an environmental advisor for the Office of Economic Cooperation and Development, an organization that grew out of the Marshall Plan, the United States government’s efforts to rebuild Europe after World War II. By the time the scandal broke in 2012, Kete had made a career change and was the managing director of the Rockefeller Foundation, a position she held until this April.

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Kete’s credentials suggest that her professional ties may connect her more to the shadowy world of espionage than her husband’s career path. She reputedly was embarrassed by the exposure that her husband’s escapades received.

Under existing federal law, the CIA must inform other U.S. government agencies if any of its employees also work for the agency. When contacted, the CIA denied any association with Beale.

For his part, Beale expressed contrition for his lies, paid his fine of more than $1.3 million and served his time. In the wake of the scandal, Gina McCarthy was promoted to head the EPA.  The story that wasn’t reported in the St. Louis Post-Dispatch has now been largely forgotten by the rest of America, too.

No progress has been made in cleaning up the  EPA’s West Lake Landfill Superfund site, as a change in presidential administrations nears. The stonewalling and the foot dragging  will likely continue into the next year.

Meanwhile, community activists in St. Louis are continuing to expose the shameful betrayal perpetrated by the U.S. government against its citizens despite lax coverage by the local news media.

Casual readers of spy thrillers are aware that it is standard operating procedure for the CIA to deny involvement when any of its covert actions are publicly exposed. It appears that the EPA operates on the same principle.

John C. Beale may now be long gone, but the game goes on.

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