Hot Property

A subsidiary of Cerberus Capital Management — a shadowy equity firm with political clout — has quietly tapped into the housing market in North St. Louis County, turning a tidy profit by renting homes to low-income tenants with help from the feds. The problem is some of its properties border radioactively-contaminated Coldwater Creek. 

When North County resident Bob Terry viewed a KMOV-TV news report earlier this year about a New York-based real estate company buying up homes in his old neighborhood, he immediately noticed one glaring omission — the account failed to mention that the properties border on radioactively-contaminated Coldwater Creek.

The Florissant native alerted others to the flub via Facebook, pointing out that the streets featured in the news segment — Mullanphy Road and Aspen Drive —  were next to the stream that is known to have been polluted by nuclear waste dating back to the Manhattan Project, some of which is still being cleaned up by the U.S. Army Corps of Engineers.

“Every house on those two streets faces or backs on the creek,” wrote Terry, who grew up in the neighborhood. In his Facebook post, Terry questions why the federal Department of Housing and Urban Development would subsidize low-income rental property in an area known to be contaminated with radioactive waste.

“Folks desperate to get in there have no clue,” says Terry. “The new folks are getting taken advantage of. [Whereas,] the longtime, older residents are stranded with declining property value,” he says. “Many got sick and died there.”

The the absentee landlord and long-distance benefactor of this federal largesse is CSMA-BLT LLC, a Delaware-registered corporation and subsidiary of Cerberus Capital Managment,  the monstrous equity firm based in New York City that is valued at $30 billion.

The privately-owned conglomerate, co-founded by Stephen Feinberg, began acquiring the properties in 2015 during the Obama administration, when it purchased more than 4,000 residential properties in the Midwest and Florida from BLT Homes, including more than 600 in St. Louis County, according to county assessor records.

It didn’t take long for the acquisition to yield taxpayer dollars. By 2016, the Cerberus subsidiary received more than $480,000 in federal funding for its government-subsidized rental properties in St.

Louis County , according to KMOV. Monthly rents for the residences in Florissant average $1,000 or more. Cerberus’ investors include government and private pension funds, non-profit foundations, major universities and insurance companies.

Besides real estate, Cerberus holds a wide range of other assets, including Dyncorp, a huge defense contractor that supplies mercenaries and covert operatives to the military-intelligence establishment. The investment firm divested itself earlier this year of Remington, the arms manufacturer that mass produced the AR-15 assault rifle used in the 2012 Sandy Hook school massacre.

Cerberus was founded in 1992 and is named after the three-headed dog that guards the gates of hell in Greek mythology. The firm has longstanding ties to the Republican Party. The boss of its international arm, for example, is former Vice-President Dan Quayle,  who was implicated in the an Iran-Contra scandal during the Reagan-Bush era.

As in all administrations, buying presidential influence comes with a hefty price tag: Cerberus CEO Feinberg contributed nearly $1.5 million to a pro-Trump PAC in 2016. As a result, his generosity has garnered him even more access to the corridors of power inside the White House.

Feinberg, who is said to be unusually secretive in both his personal and business affairs, was quoted in Rolling Stone magazine as telling shareholders in 2007: “If anyone at Cerberus has his picture in the paper, … we will do more than fire that person. We will kill him. The jail sentence will be worth it.”

At this point, he probably could get away with murder.

Last week, President Donald Trump appointed Feinberg to be chairman of the President’s Intelligence Advisory Board, which oversees national security issues and provides advise to the executive branch on matters related to various intelligence agency operations, including those of the CIA.

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Spy vs. Spy

In 2015, the Russian news service landed in North County to cover the troubles at West Lake Landfill and Coldwater Creek. The question now is whether the CIA mounted a counter-intelligence operation here.

KWMU reporter Vérinique La Capra aims a microphone at  Mary Oscko as HBO and RT cameras captured the moment in August  2015 at the Hazelwood Community Center.

This story first appeared June 16, 2017 at Stlreporter.wordpress.com

It’s hard to imagine a more unlikely place for an espionage operation to take place than the Hazelwood Civic Center. But recent revelations by the U.S. intelligence community suggest that it may have been one of the locations in North St. Louis County where a secretive propaganda battle quietly played out in August 2015.

Hundreds of people gathered at the civic center for a community meeting that month had no inkling they were bit actors in this Cold War revival. The overflow crowd that jammed the conference room on August 20 attended  out of concern for the health of their families and the safety of the community. Radioactive contamination leftover from the Manhattan Project and its aftermath still plagued the St. Louis suburbs and residents wanted answers from government officials about the long-delayed clean ups.

Questions were asked, testimonials were given and frustrations were vented at the event, all captured on video by camerapersons, including at least one with ties to RT America, the Russian foreign news service.

In the heat of the moment, those present were not aware that they were pawns in a larger political struggle between the U.S. and Russia. Evidence of the covert chess game didn’t surface until January of this year, long after the meeting had faded in the community’s collective memory.

That’s when the CIA took the unprecedented step of releasing a classified report on alleged Russian interference in American politics. The unusual act by the agency was spurred by the continuing controversy over Russian interference in the 2016 presidential election. Those allegations remain the focus of  congressional investigations, and a probe by an independent counsel appointed by the Justice Department.

Allegations of the hacking of email accounts of Democratic presidential candidate Hilary Clinton and her campaign staff by Russian operatives prompted the CIA’s release of the report. But the majority of the declassified information in the report is unrelated to the furor over whether Donald Trump and his cronies benefited from the alleged Russian intrusion.

Screen Shot 2017-06-16 at 4.04.20 PM

RT honcho Margarita Simonyan briefs Russian Prime Minister Vladimir Putin in October 2012 in Moscow. (photo courtesy of the CIA’s declassified report)

Instead, the CIA released an intelligence assessment put together in 2012  that details how RT America is allegedly used by the Kremlin as a propaganda tool to cast the U.S.  government in a bad light.

The obvious question this now raises is whether the CIA mounted a domestic counter espionage campaign to offset the perceived damage being inflicted by the negative image that the Russian news service allegedly broadcast not only in America but to a global audience via the Internet.

The CIA report was compiled in 2012 three years before the Russians showed up in North St. Louis County and four years before the U.S. presidential campaign. Though classified, it can be assumed that its contents were shared with the White House and other federal departments and agencies.

It is therefore reasonable to surmise that the CIA and other government agencies were not simply monitoring Russia’s interference in America — but actively combatting it with their own surreptitious operations.

If this is true, it begs the question as to whether American intelligence assets were present at the Hazelwood Civic Center that sultry, late summer evening back in 2015.

Only The Shadow knows.

Correction: Originally, this story identified the meeting as taking place at the Machinist Union Hall in Bridgeton. Instead, the meeting took place at the Hazelwood Community Center. 

Shaky Foundation

Details as to why outgoing Missouri Attorney General Josh Hawley decided to give $12.5 million of the state’s settlement with Republic Services to the St. Louis Community Foundation remain a state secret — because nobody’s talking. 

Bridgeton Mayor Terry Briggs (right) participates in a roundtable discussion at a forum held at the Bridgeton Recreation Center by the St. Louis Community Foundation on Tuesday November 27, 2018

St. Louis Community Foundation CEO Amelia Bond says she doesn’t know why outgoing Republican Missouri Attorney General Josh Hawley handed over $12.5 million of the state’s settlement with the Republic Services to the charity she heads.

“I can’t speak to why. You’ll have to ask the attorney general’s office,” Bond says.  The foundation CEO then shifted the conversation and began reciting a litany of laurels  about the non-profit organization’s other charitable work.

Bond was on hand Tuesday morning at the Bridgeton Recreation Center for the first of a series of forums that will be held this week and next to discuss how best to use the money for community betterment in the vicinity of the radioactively-contaminated West Lake Superfund site in North St. Louis County, which is owned by Republic Services.

The Office of the Missouri Attorney General first informed the St. Louis Community Foundation of its decision to consider awarding the majority of  the $16-million lawsuit settlement to the charity in May, says Maria G. Bradford, the foundation’s director of community engagement.

St. Louis Community Foundation Engagement Director Maria G. Bradford

Bradford also denied knowledge of why the state attorney general made the unusual decision to transfer the public funds to the non-governmental foundation. She too referred questions related to  the terms of the settlement to  Hawley’s office. The office of the attorney general has repeatedly declined to answer those questions in the past.

Under the terms of the brokered deal, the charity will oversee the specially created Bridgeton Landfill Community Project Fund, which will dole out grants to qualified non-profits to address environmental, public health and safety issues within a four-mile  radius of the landfill site, where nuclear waste leftover from the Manhattan Project was dumped illegally in 1973.

Though not unprecedented, Bond says to her knowledge there are only a few other cases in which the  Office of the Missouri Attorney General has designated the St. Louis Community Foundation to act as its fiduciary. In those rare instances, the amount of public money placed under the foundation’s control was much smaller than the $12.5 million that was part of the deal Hawley cut with Republic  Services.

St. Louis Community Foundation CEO Amelia Bond

Bond is married to Arthur Bond III, the nephew of former U.S. Sen. Christopher “Kit” Bond of Missouri. In 2016-2017, Kit Bond Strategies, the lobbying firm headed by the former senator, was paid $230, 000 to represent the interests of the St. Louis Economic Development Partnership, including congressional lobbying efforts to turn over the West Lake clean up to the U.S. Army Corps of Engineers. That effort failed. The Partnership is a joint agency of the city of St. Louis and St. Louis County set up to promote economic growth by melding private and public interests. It is not directly connected to the activities of the St. Louis Community Foundation.

But there is an indirect connection between the two organizations. Kit Bond, the founder of Kit Bond Strategies, has served on the board of directors of the St. Louis Community Foundation. However, Amelia Bond, a well-qualified investment banker, says she was hired to lead the St. Louis Community  Foundation prior to Kit Bond joining the board of directors of the charity, and that her relationship to the senator did not play a role in her being named CEO of the foundation.

Linda and Kit Bond of Kit Bond Strategies

About 40 people were present at the kick off event at the Bridgeton Recreation Center.  Attendees included residents, community advocates and municipal officials, including Bridgeton Mayor Terry Briggs, Councilman Ferd Fetsch, and Police Chief Don Hood.

The agreement announced in June, closed the book on five years of litigation conducted mainly behind closed doors between the state of Missouri and the trash company, which owns both the smoldering  Bridgeton Landfill and adjacent West Lake Lake Landfill that is contaminated with radioactive waste.

Then-Attorney General Kris Koster filed the suit against Bridgeton Landfill and Republic Services, its parent company,  on behalf of the Missouri Department of Natural Resources in 2013,

Missouri Attorney General and U.S. Senator-Elect Josh Hawley.

asserting violations of the law by Republic Services  that caused harm to the environment and human health. The case continued after Hawley took office last year. Hawley, now U.S. Senator-elect, will leave his state post for Washington in January. Gov. Mike Parson, who was installed as  Missouri’s chief executive after Gov. Eric Grietens resigned in  June, has appointed Missouri Treasurer Eric Schmitt to take Hawley’s place. Schmitt is a partner in Lathrop & Gage, a law firm that represents Republic Services.

The agreement required Republic to reimburse MDNR for $2 million in staff time, pay a civil penalty of $1 million and $500,000 for damages to the state’s natural resources. The corporation is also required to monitor air and groundwater under state supervision contingent upon obtaining $26 million in bond funding. 

But three-quarters of the settlement will be put into money market accounts exclusively handled by the St. Louis Community Foundation — which was not a party to the suit and does not have a depth of experience in environmental protection issues.

The final clean up plan by the U.S. EPA, which carries an estimated price tag of more than $200 million, was announced in late September.  That compromise decision calls for the partial removal of the radioactively-contaminated materials from the site, leaving the remaining waste to continue leaking into the groundwater of the Missouri River.  Making matters worse, acting EPA Administrator Andrew Wheeler last week officially downgraded the urgency of cleaning up the West Lake Superfund site, which will further delay remediation.

Current efforts by the St. Louis Community Foundation on behalf of the office of the state attorney general to address ancillary issues and allegedly bring healing to residents of the impacted area seem premature given that not a single shovelful of radioactively-contaminated dirt has yet to be removed from the long-neglected site.

During a break in the meeting,  Dawn Chapman, who has led community efforts to address the landfill problem for years, expressed frustration in the latest turn of events. “It seems like they’re putting the cart before the horse,” she says.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Bradford also denied knowledge how and and why Missouri Attorney General Hawley made the unusual decision to transfer

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Unholy Bond

When U.S. Reps. Ann Wagner and Lacy Clay testified before Congress to have the West Lake Landfill clean up turned over to the Army Corps of Engineers in 2016, the public had no clue that a scandal-tainted St. Louis County government agency had paid big bucks to former U.S. Sen.Kit Bond’s lobbying firm to do its bidding on Capitol Hill. 

Academy Award Performance:
GOP Rep. Ann Wagner pounding home her message in testimony before the congressional subcommittee, July 13, 2016.

 

July 13, 2016 was just another day on the sound stage that is Capitol Hill. But veteran congressman Lacy Clay couldn’t help noting that his usual role had changed. As the audience filed into the gallery behind him, the Democrat from St. Louis took his seat at the witness table next to Republican Rep. Ann Wagner of St. Louis County.  In the moments preceding their testimony,  a C-Span microphone captured Clay’s candid remark:

“It’s kind of different being on this side,” Clay said.

Clay’s awkward small talk with his conservative counterpart ended when the chairman of the Environment Subcommittee of the House Energy and Commerce Committee gaveled the hearing into session at 10:03 a.m. By all accounts, what happened next in Room 2123 of the Rayburn House Office Building was a rare display of bipartisanship.

Wagner and Clay — who represent polar ends of the American political spectrum — bonded together that summer morning to send a unified message. The odd couple appealed to their fellow representatives to send House Resolution 4100  to the floor for a vote. If passed, the bill would have mandated the transfer of control of the controversial West Lake Landfill Superfund site in Bridgeton, Mo. to the U.S. Army Corps of Engineers. Corresponding legislation had already been successfully steered through the Senate under the bipartisan guidance of Republican Sen. Roy Blunt and Democratic Sen. Claire McCaskill of Missouri.

Under the lax management of the EPA, the cleanup of the radioactively contaminated site had languished for decades. Attempting to correct  the agency’s negligence was the shared responsibility of  both congressmen because the dividing line between their respective districts literally runs through the landfill. Angry residents in St. Louis County were demanding change and they made it clear that the Corps was their preferred choice to oversee the long-delayed remedy for addressing leftover nuclear waste from the Manhattan Project. The previous autumn, their protests had been amplified by local and national news coverage and the release of two documentaries on the subject.

Public pressure continued over the intervening months, stoked by monthly community meetings and non-stop social media posts. By summer, the heated issue had reached critical mass. Local activists traveled to Washington, D.C. to show support for their representatives at the congressional hearing. Besides C-Span coverage, Wagner and Clay’s joint testimony blanketed the local St. Louis news.

Unfortunately, despite the concerted effort the measure failed to clear the subcommittee. Similar legislation in the next session was also derailed.  The back-to-back failures occurred even though the St. Louis Economic Development Partnership ,  a local governmental agency, had quietly bankrolled the well-financed federal lobbying campaign for two years.

The details on how the grassroots, community-based movement morphed into a high-powered, Washington, D.C. lobbying project remain fuzzy. Calls and emails made to various private and public officials asking for comment have went unreturned.

Since its inception, no one has been in a hurry to divulge the machinations surrounding the deal, which flew under the radar using public funds without the knowledge of the vast majority of St. Louis area citizens. Organizing the congressional lobbying drive involved considerable time, a bundle of cash and lots of inside wheeling and dealing. To handle a job of this scale, the Development Partnership hired Kit Bond Strategies (KBS), the lobbying firm of former U.S. Sen. Christopher “Kit” Bond of Missouri.

In hindsight, the failure of KBS to accomplish its goal set the future course for the West Lake clean up, which is now in the hands of the Trump administration.

Enter stage right: The Superfund Czar

The move to turnover the West Lake clean up to the Corps is now history.  Last month, the final EPA remedy for a partial clean up of the site — a decision that falls short of full removal — was announced by the agency.  If carried out as planned, large quantities of radioactive waste will remain on site and continue to be a threat to human health and the environment.

The long-postponed announcement came after the nascent Trump administration fast tracked the West Lake clean up in early 2017 as part of a campaign by then-EPA Administrator Scott Pruitt to “streamline” the Superfund program. The task force created by Pruitt to accomplish that objective is now the subject of an EPA inspector’s general probe announced last month, which intends to examine the group’s secretive agenda. Pruitt and his top lieutenant Albert “Kell” Kelly both resigned earlier this year under a cloud. The controversial EPA administrator and former Oklahoma attorney general appointed Kelly, a Tulsa banker,  in early 2017 to the newly formed post of EPA Superfund Czar. Kelly’s appointment came shortly after the FDIC had imposed a fine of $125,000 and barred him from banking for life.

Lights, Camera, Action: Rep. Lacy Clay testifying before Congress, July 13, 2016.

With the latest rush of developments, the earlier pleas by Wagner and Clay to transfer the project to the Corps have now been largely forgotten, relegated to a footnote, a curious moment in time when congressional adversaries from opposite sides of the aisle put aside political differences for the common good. For a moment in the summer of 2016, it looked as if a spontaneous consensus had arrived on the scene in the nick of time.  The St. Louis area congressmen gave heroic performances on camera — and the video went straight to YouTube, where Wagner can still be seen vehemently driving home her talking points by pounding on the table. Clay’s oratory was equally impassioned. Their words expressed sincere convictions and righteous outrage, echoing the pleas of their constituents.

St. Louis Economic Development Partnership CEO Sheila Sweeney.

It almost seemed too good  to be true — and it was. In retrospect,  Wagner and Clay now appear to have been reading  from the same script of a made-for-TV movie.

Linda Bond and hubby.

What the public didn’t know back then was that  the director of this staged congressional performance was KBS.  Linda Bond, the former senator’s wife, is  a senior partner in the lobbying firm. She signed the contract with St. Louis Economic Development Partnership CEO Sheila Sweeney in January 2016.

The Development Partnership is a joint government agency of the city of St. Louis and St. Louis County, which wields broad powers and operates largely in the shadows with the benefit of millions of dollars in annual payments from  casino interests raked in by the St. Louis County Port Authority, an agency that shares the same staff as the Development Partnership. The County Port Authority’s purpose has nothing to do with ports. Instead, it acts as a conduit for the casino payments.

 

The 2016 contract between KBS and the St. Louis Economic Development Partnership.

In 2016 and 2017, the St. Louis Economic Development Partnership funneled $230,000 of public funds to Kit Bond Strategies, according to federal lobbying reports. Part of that total went to pay for the failed congressional effort to turn the West Lake Landfill Superfund Site over to the U.S. Army Corps of Engineers — an agency that expressed serious reservations about assuming the responsibility for taking control of the project in the first place. The exact amount spent specifically on the West Lake lobbying effort is uncertain. A request under the Missouri Sunshine Law for further details is pending.  But this much is known:  the development agency’s contract called for KBS to be paid $10,000 a month for its services. The lobbying records show that the public money was doled out to the lobbyist in quarterly payments. The St. Louis Economic Development Partnership paid the lobbying firm an additional $60,000 in 2018 , but by then the effort to persuade Congress to turn the West Lake clean up over to the Corps had been dropped.

In July, a St. Louis County Council ethics committee announced it was embarking on an investigation of a wide range of questionable activities by the St. Louis Economic Development Partnership involving alleged improprieties related to the agency’s contract procedures and real estate transactions in recent years. Its lobbying contract with KBS is not known to be a part of that investigation.

The announcement followed a series of revelations published in the St. Louis Post-Dispatch focusing on the dodgy dealings of the Development Partnership and the County Port Authority under the Democratic administration of St. Louis County Executive Steve Stenger  [1, 2, 3]. Among the allegations are those involving unusual  bidding practices by businessman John Rallo, a Stenger supporter and an heir to the Rallo Construction Co. fortune. Rallo has been the beneficiary of a lucrative real estate sale by the Development Partnership and he has also sought advise on two consulting  deals from Development Partnership CEO Sweeney, a Stenger appointee, in advance of submitting his bids, according to the Post-Dispatch.

Sheila Sweeney, Kit Bond, Lacy Clay and Steve Stenger celebrating the opening of STL Partnership’s Wellston Business Center expansion in July.

At the same time, political opponents of Stenger’s on the St. Louis County Council, have alleged that Sweeney is under federal surveillance. Councilman Ernie Trakas, a Republican from South County, and Councilman Sam Page, a North County Democrat, raised the allegations on July 24. The allegations were reported by Post-Dispatch reporter Jeremy Kohler in the newspaper and on Twitter.

The protracted controversy has been roiling for more than a year. But until now,  the ties between the Development Partnership and KBS have been unreported even though Sweeney’s signature is on the bottom line of the lobbying contract with that of KBS partner Linda Bond.

Trouble in River City

The St. Louis Economic Development Partnership is an autonomous county agency that distributes public money for various economic development schemes  with the help of casino revenue that it receives from the St. Louis County Port Authority. The port authority gets its funding from an estimated $5 million in payments paid by the River City Casino in South St. Louis County. Pinnacle Entertainment opened the casino in 2010. It is now operated by Penn National Gaming. The casino property is owned by Gaming and Leisure Properties Inc., a real estate investment trust that was spun off by Penn National, which controls a virtual monopoly on the overall operations and ownership of the St. Louis area gambling industry.

KBS lobbyist Julie Murphy Finn

The South County gambling site, which is located in unincorporated Lemay, is no stranger to controversy. Development of a casino at the location met stiff resistance from local businesses, churches, and residents in the past. Despite the widespread opposition, the St. Louis County Economic Development Council began wooing prospective casino developers there more than 20 years ago. Those initial efforts under the late St. Louis County Executive Buzz Westfall in the 1990s failed.  But they set the precedent for current practices.

Dec. 25, 1995 St. Louis Post-Dispatch story citing then-St. Louis County Port Authority Chairman Sheila Sweeney.

As early as 1995, the St. Louis County Port Authority accepted payments from an earlier casino developer interested in developing  the site. The chairman of the Port Authority at that time was Sweeney, who in 2018 is still pulling strings as head of the St. Louis Economic Development Partnership, the umbrella agency that controls the purse strings of  the  County Port Authority funds.  In 1995, Sweeney was already advocating spending payouts from gambling interests  to support the development of other sites in St. Louis County.

Dec. 25, 1995 St. Louis Post-Dispatch story reports then-County Port Authority Chairman Sheila’s Sweeney’s strident support of spending casino cash for development schemes throughout St. Louis County.

Others involved in past issues tied to  South County politics and the Lemay casino site include former South County Councilman Jeff Wagener, a Democrat who is now policy chief for St. Louis County Executive Stenger; and Wagener’s former assistant Julie Murphy Finn, the  Kit Bond Strategies’ lobbyist who oversaw the congressional lobbying  effort on behalf of the St. Louis Economic Development Partnership in 2016. Wagener also sits on the board of directors of the St.  Louis Economic Development Partnership.

Murphy Finn was aided in her congressional lobbying assignment by fellow KBS lobbyist Kenny Hulshof, a former Republican congressman and gubernatorial candidate from Northeast Missouri.

Cold War Redux

But Hulshof and Murphy Finn were not the bosses of the operation. That distinction goes to KBS senior partner Linda Bond, who signed the sweetheart deal with Sweeney, the head of the St. Louis Economic Development Partnership.  Both women are savvy political operatives. Sweeney has been an inside player in St. Louis County politics for decades under multiple county administrations; whereas, Bond’s career in national politics stretches back to the Reagan era and is rooted deeply in Cold War politics.

Long before she married the senator, Bond worked for the Voice of America, the propaganda arm of the U.S. State Department.  From 1985 to 1991 she served as the director in Germany of the International Rescue Committee (IRC), a non-governmental agency with long-established ties to the Central Intelligence Agency.  The late William Casey, the former OSS agent and CIA director during the first term of President Ronald Reagan’s administration, served a stint as the president of the IRC, which aided Eastern Bloc and Soviet defectors.

In this case,  however, there appears to have been no need for cloak and dagger skullduggery.  Instead, the deal between Kit Bond Strategies and the St. Louis Economic Development Partnership was as easy as walking next door and borrowing a cup of sugar. KBS and the St. Louis Economic Development Partnership are neighbors in the Pierre Laclede Center II, a high-rise office tower at 7733 Forsyth Blvd. in Clayton. The development agency calls Suite 2200 home, and KBS lists its address as Suite 2300.

In the end, the motive behind the 2016 lobbying deal seems to have been predicated not on bi-partisan cooperation and concern for the environment as much as it was realpolitik, and cold hard cash.

 

 

 

 

Hiding in Plain Sight

Thousands of KATY Trail users pass by the abandoned Hamburg Quarry without being aware of it.  A former quarryman believes what they don’t know about the site and its checkered history should concern them. 

The abandoned Hamburg Quarry next to the KATY Trail State Park in St. Charles County.

Cyclists whizzing by the abandoned Hamburg Quarry on the KATY Trail in St. Charles County rarely slow down to take a gander at its sheer limestone walls or the placid waters below.  Most aren’t even aware the historic excavation site is within a stone’s throw of the popular bicycle path.

That’s largely because the Missouri Department of Natural Resources, the KATY’s caretaker, doesn’t advertise the site. The  Missouri Conservation Commission — the current owner — also doesn’t promote the scenic spot. The University of Missouri, which once counted the property as an asset, isn’t inclined to acknowledge its past connections to the location, either. The Department of Energy and U.S. Army Corps of Engineers, whose jurisdictions touch on the quarry,  seem to have forgotten about the place, too.

It is as if the history of the abandoned quarry  sank to the bottom of the submerged pit along with the state and federal government’s institutional memory.

But quarryman Kenneth Kerpash hasn’t forgotten the place. Hamburg Quarry is where he remembers  seeing  thousands of rusty, leaky barrels stored back in 1972.  He also recalls being told in so many words to look the other way. The scene is permanently chiseled in his mind’s eye.

The 65-year-old retired Teamster truck driver from Troy, Mo.  has carried the weight of that memory ever since.  For a long time, he didn’t talk about it, worried his knowledge might jeopardize his job. He stopped working for the quarry operator in 1984, and his unease ebbed.

But in In February, the trucker’s concerns reemerged.  After decades of indecision, the EPA finally announced its proposed remedy for the the radioactively-contaminated  West Lake Quarry and Landfill in North St. Louis County. Since taking over the site in 1990, the agency has neglected to clean up nuclear waste from the Manhattan Project that was illegally dumped in 1973.

For Kerpash, the West Lake and Hamburg sites are linked for one simple reason:  both were operated by the same company — West Lake Quarry and Materials Co. — his former employer. He drove a heavy truck for the company at both quarries from 1971 to 1984.

Kerpash  doesn’t claim to know what the barrels at Hamburg Quarry contained. But based on what he does know about the nearby Superfund site that bears his former employer’s name — he suspects the worst. Though the two sites share a common history, there is one stark difference. While knowledge of the troubled West Lake Superfund site has garnered media attention in recent years, the Hamburg Quarry has largely been forgotten.

“There was probably 2,000-plus 55-gallon barrels,” he says, referring to the dump site he observed at Hamburg Quarry.  “The  bottoms was deteriorating and rotting. I asked one of the operators about it and he said, ‘We’re not loading over by them so don’t worry about it.'”

In hindsight, Kerpash believes his exposure to hazardous materials at Hamburg and West Lake Quarry may be the cause of his family’s chronic health problems. He has no way of knowing for sure, but he now suspects he may have brought the contamination home with him on his soiled work clothes.

“… My wife and my daughter … washed my clothes. You never give it a thought. But you never know what you carried in,” he says. “My wife [now] has stage four ovarian and paraovarian cancer. My daughter has had cancer twice. I’ve had tumors taken out of my back and large colon.

“If I can can help somebody’s life or kids [from] problems that my family’s had, I want to help them to get this cleaned up,” he says. “I think the EPA has been holding back, and I think they need to get up and get going,” says Kerpash. “It needs to be cleaned up not in ten or 15 years. It needs to be cleaned up now.”

Kerspash’s account raises the question whether radioactively-contaminated waste may also have been quietly disposed of at the West Lake Quarry and Materials Co.’s Hamburg Quarry operation — which the company leased from the University of Missouri.

Mallinckrodt Chemical Works’  former Weldon Spring uranium processing facility is 1.5 miles north of Hamburg Quarry.    From 1957 to 1966, Mallinckrodt processed uranium there under contract with the Atomic Energy Commission. Waste from the operation was stored on site or dumped at nearby Weldon Spring Quarry.  Mallinckrodt’s St. Louis plant also dumped radioactive debris from its St. Louis facility at the Weldon Spring Quarry.

Sharing similar geologic characteristics, it’s easy to get the Weldon Spring and Hamburg Quarries confused.  Both are within walking distance of each other via the state-owned KATY Trail. The difference is that Weldon Spring Quarry, which remains under the watchful eye of the Department of Energy, was drained and cleaned up in the 1990s, while Hamburg Quarry remains largely off the radar.  Hamburg Quarry is not identified by name on Google Maps and the Missouri Conservation Commission map for the area identifies it only as a “restricted area.”

The Hamburg Quarry is identified only as a “restricted area” by the Missouri Conservation Commission.

 

The Department of Energy ultimately funded a 16-year clean up of the Weldon Spring Quarry along with Mallinckrodt’s Weldon Spring uranium-processing plant, which was completed in 2002 at a cost that soared to nearly $1 billion.  The waste from both locations is now stored at the former plant site in an in a giant “containment cell,” which now is one of the highest elevations n St. Charles County.

A 1996 DOE map shows the locations of radioactive contamination near Hamburg Quarry next to the KATY Trail.

In 1996, the DOE published a cost-benefit analysis related to the removal of radioactively- contaminated soil that had migrated from the uranium plant’s perimeter, flowing downhill. The study includes a map that pinpoints hot spots on a creek that drains into the Missouri  River near Hamburg Quarry (see inset).

Another part of the DOE’s clean up involved treating the radioactively-contaminated effluents at the uranium plant and discharging the waste via a pipeline into the Missouri River. That pipeline’s terminus is located directly across the KATY Trail from the Hamburg Quarry.

Kerpash’s wariness seems reasonable when juxtaposed with his former employer’s dodgy history and the context of the situation. The most striking and obvious detail is that the Hamburg Quarry is hemmed in on three sides by documented radioactive waste sites. Then there’s the fact that company that operated the quarry is a known polluter. In addition, the Missouri Conservation Commission map of the area designates it as a restricted area.  For more than 70 years, nobody has lived within miles of the place, but there are plans in the works to develop a subdivision on nearby property owned by the University of Missouri.

There is a good reason why more than 17,000 acres of prime real estate within 30 miles of St. Louis has remained undeveloped and mostly uninhabited: It’s against the law to live here.

Under DOE guidelines, recreational use of the area falls within accepted exposure limits, but  full-time habitation is prohibited.  Potential drinking water contamination has also long been a contested issue due to the proximity of St. Charles County’s well fields.  Monitoring wells dot the landscape, and there continues to be periodic government testing of the groundwater.

Core samples of the limestone at Hamburg Quarry taken decades ago by the DOE did not raise regulatory eyebrows, but that doesn’t necessarily give it a clean bill of health. Available online data about the Hamburg Quarry is limited. What’s at the bottom of the quarry lake is anybody’s guess. If the thousands of rusty barrels that Kerpash says he observed there were later removed, there is no record of where they were taken.

When Kerpash spoke at an EPA meeting held in February,  he was interviewed by members of the media afterward. But months later, he feels abandoned.  His message was largely ignored.

Kerpash wants answers.  But his allegation only raises questions for regulatory authorities that never have seemed too keen on resurrecting the past. Turning a blind eye to the region’s longstanding radioactive waste crisis is nothing new.  Mass denial has enveloped the issue from the beginning, spurred by official waffling and the  ambivalent  attitudes of government, business, and the news media — which accepts government press releases as more reliable than eye-witness accounts.

In this case, however, there is no official version. Kerpash stands alone. Despite the lack of government confirmation of his account,  he has not wavered.

“I know what I seen,” says Kerpash.  “It’s the truth.”

 

 

 

 

 

 

 

Caveat Emptor

Tee Time: St. Charles real estate baron Greg Whittaker and the University of Missouri have struck a deal that could result in a pricey, golf-course subdivision next door to Weldon Spring, the region’s nuclear waste capital — and nobody sees that as a problem

 

Mizzou wants to sell land it owns in St. Charles County to a subdivision developer.  Foes of the plan fear it will blight the scenic beauty of the KATY Trail. But neither side is mentioning the neighboring radioactive waste dump at Weldon Spring — or the possibility that other unknown environmental dangers may lurk nearby. 

“There’s a lot of people who don’t even know Hamburg Quarry exists,” says Kenneth Kerpash, who once hauled rock from the limestone pit to barges moored on the Missouri River, where it was used by the U.S. Army Corps of Engineers to maintain the navigational channel.

Though the now-abandoned quarry in St. Charles County has largely escaped public attention since closing decades ago, Kerpash hasn’t forgotten the thousands of rusty barrels he says he observed there in 1972.   At that time, he worked for the West Lake Quarry and Materials Co., which leased the quarry from the University of Missouri.

Mizzou sold the quarry and more than 7,000 acres of surrounding land to the Missouri Conservation Commission in 1978, and later built the Missouri Research Park on an adjacent tract.  Facing budget problems, the school now wants to sell almost 200 acres of its remaining land at the location to a developer, who already leases a golf course on the property, and has plans to build hundreds of single-family homes and more than 70 multi-family units there.

NT Home Builders,  owned by real estate mogul Greg Whittaker, is credited with building thousands of homes in St. Charles County. Its New Town development in particular has been lauded for its innovative design.  A call requesting a comment   from NT Home Builders was not returned by press time.

NT and the university have assured the public that the proposed development would adhere to the company’s high standards and won’t detract from the property’s scenic beauty or harm the environment.  Opponents  fear it will.  Foes include existing residents and supporters of the popular KATY Trail State Park   that borders the proposed high-end subdivision.

The contentious issue has spurred critics to send hundreds of emails to their elected officials in recent months, demanding the plan be scrapped. Adversaries have packed the gallery at St. Charles County Council meetings, and also posted informational notices along the KATY Trail.

Their hopes were buoyed in April,  when the county’s Planning and Zoning Commission voted against permitting a zoning change that would allow the project to move forward.  Nevertheless, on May 21,  the council voted unanimously to delay its final decision to allow the developer more time to amend its already scaled back proposal.

The council’s deference to the developer dovetails with the university’s preferential treatment, which includes offering to sell the public land without a formal bidding process and failing to disclose the price tag. Lack of transparency has led to rumors of political corruption, and stirred recriminations and acrimony from all quarters.

None of the conflicting interests, however, seems to see the most obvious problem with the pending sale: If built, the proposed development would be within walking distance of the former Mallinckrodt uranium processing plant site in Weldon Spring — where the Department of Energy maintains a mountain of radioactive waste.

 

Retired Teamster Kenneth Kerpash says he saw thousands of rusty, leaking barrels stored at the Hamburg Quarry in 1972.

The idea of building new homes near a site known to have been contaminated with radioactivity in the past is unconscionable to 65-year-old Kerpash, a retired Teamster truck driver from Troy, Mo. In his opinion, the university and the developer are consorting for short-term gain at the expense of the health of future residents. Kerpash believes the parties to the deal are influenced by profit and the bottom line. “Money talks and bullshit walks,” he says.

 

Council Joe Cronin (1st Dist) urges caution.

St. Charles County Councilman Joe Cronin (1st Dist.) is less strident in his assessment. He says the federal government has told the council  that the clean up of the Weldon Spring site has made the area safe. The feds also provide periodic updates, he says. But Cronin adds that serious health concerns are now being raised by some former students of the nearby Francis Howell High School. For this reason, the councilman urges caution.  

“I will not vote on approving the proposed subdivision until we have all the facts, which we do not have as of yet,” says Cronin. “The university has owned the land of the proposed development for over 70 years.  Waiting a bit more to determine the safety of the area would not be that much inconvenience to them.”

Under DOE guidelines, large swaths of the adjacent Weldon Spring Conservation Area have been deemed suitable for recreation, but unsuited for full-time human habitation because of the dangers posed by chronic exposure to radioactive contamination. Uranium and thorium present at the location are known human carcinogens and also have been linked to other chronic illnesses.

This DOE map shows the proximity of the radioactively contaminated Southeast Drainage system to the proposed residential subdivision. The University of Missouri is poised to sell the land for an unspecified amount.

In 2005, the DOE published its land use restrictions for the Southeast Drainage area — a  200-foot-wide, 37-acre tract that traverses the land between the proposed residential development and the abandoned Hamburg Quarry. At that time, DOE ruled that long-term institutional controls be imposed due to unsafe levels of radiation that still persist even after the completion of the clean up of that area. The affected tract is now owned by the Missouri Conservation Commission.

According to the DOE: “… [R]esidual soil and sediment contamination remains at some locations within the drainage at levels exceeding those that would support unlimited use and unrestricted exposure. Therefore, land use restrictions are needed in the drainage to prevent residential use or other uses inconsistent with recreational use.”

The advisory was published in a document entitled Explanation of Significant Differences, Weldon Spring Site in February 2005 by the U.S. Department of Energy’s Office of Legacy Management.

The message is clear: People are not supposed live within the designated  boundaries of the 37-acre Southeast Drainage area. Under the DOE’s edict, this advisory applies in perpetuity.  But apparently the University of Missouri feels that selling its nearby property does not violate its legal or ethical obligations to either the buyer or the public.

University of Missouri President Mun Y. Choi

“The purchaser has been given an opportunity to conduct any environmental studies they deem are necessary,” says a spokesperson for University President Mun Y. Choi. The spokesperson adds that the radioactive waste issue is common knowledge to the public.

“…Soil and sediment contamination remains at some locations within the drainage at levels exceeding those that would support unlimited use and unrestricted exposure.” — DOE

 

The property Mizzou wants to sell is part of the original tract of land that the federal government seized at the advent of World War II, and it shares the same sordid environmental history.

In their official records of decision, the DOE and EPA have advised that the primary means of enforcing its restrictions is through “institutional controls,” specifically local zoning ordinances. The St. Charles County Planning and Zoning Commission has already recommended not granting the developer a variance. Though the university’s property may fall outside the perimeter of the DOE’s restricted use area, honoring the spirit of the federal guideline would seem warranted to assure public health.  But only one councilman clearly stated his opposition to the plan at the recent county council meeting.

At the May 21 council meeting, Councilman Mike Elam (Dist. 3) praised the developer and the merits of its plan  but, nevertheless, rejected the proposal for one reason: its location.

Councilman Mike Elam: “I’m a no vote.”

“I really hate where they want to build this,” Elam told the audience. “The idea is really good.  We wish that when people come to the county and they want to build something, they would be as accommodating as this developer has been,” Elam said. “I give them all praise for that. [But] I don’t care if you want to put in 450 homes or 250 homes or 50 homes — I still don’t like where the development is going in. I’m a no vote.” In his statement, Elam didn’t state why he was uncomfortable with the location.

The location also bothers Kerpash. From the retired trucker’s perspective, it’s inane to build new housing next to a site known to have been contaminated with radioactive waste. “It don’t take a real smart person to figure that out,” he says. “They just got done cleaning up the most hazardous place in Missouri,” he says, referring to the Weldon Spring site. “Now they want to build a subdivision there? It’s unbelievable.”

Kerpash admits he doesn’t know what was contained in the rusty barrels he observed at the Hamburg Quarry back in 1972. But when his recollection is added to other evidence, it is enough to give pause.

One red flag that he points out is that his former employer — the West Lake Quarry and Materials Co. — also operated and owned the West Lake Landfill in Bridgeton, Mo., where radioactive waste from the Manhattan Project was dumped illegally in 1973. In early March,  the EPA belatedly announced its proposed clean up plans for the West Lake site, and the final remedy is pending.

Both sites are in the Missouri River watershed, which makes the lay of the land a factor to consider as well.

 

The DOE’s nuclear waste disposal cell on Route 94 — the site of the former uranium processing plant — sits on high ground,  1.5 miles uphill from Hamburg Quarry.  On the official map of the Weldon Spring Conservation Area,  the quarry is anonymously designated as a “restricted area,” directly next to the KATY Trail. In the 1990s, the DOE spent millions of dollars cleaning up radioactive contamination in the Southeast Drainage area in between the Hamburg Quarry and the proposed residential development. But unsafe pockets of radioactive contamination remain, according to the DOE.

Vestiges of the area’s dark history pop up at other nearby location, too. As part of its 16-year clean up, the DOE also remediated the nearby Weldon Spring Quarry, which is a short bicycle ride in the opposite direction via the KATY.  There’s also a pipeline that carried treated radioactive waste water from the uranium processing plant clean-up site that skirts the Hamburg Quarry on its way to  the Missouri River. The DOE has deemed all these locations suitable for recreation but not full-time human occupancy.  Nobody is ever supposed to live here again.

No Man’s Land:  Dwelling near this part of the KATY Trail is prohibited by the U.S. Department of Energy.

Surrounded by forested public lands and the river, the now-abandoned Hamburg Quarry appears isolated. Additional conservation land on both sides of the river add to the wilderness atmosphere. The location, however, is only a short walk from Mizzou’s Research Park, which links with the KATY by way of the Busch Greenway. On weekends, the path is crowded with groups of joggers, who run by the Missouri Bluffs Golf Club, the site of the proposed residential development.

Mallinckrodt operated its uranium plant  between 1957 and 1966 under contract with  the DOE’s predecessor, the Atomic Energy  Commission. During this period, the plant and its grounds became polluted with radioactive waste.  The contaminated materials were stored on site and also dumped at the Weldon Spring Quarry, four miles south of the plant. Between 1988 and 2002, the DOE oversaw an extensive clean up of both  sites that cost almost $1 billion.

Bluffs tower over the Missouri River and the KATY Trail.

The verdant hills and limestone bluffs that border the Missouri River create an illusion that this area is pristine. But long before the uranium waste despoiled the land, it was poisoned by other byproducts of war.

With World War II on the horizon, the town of Hamburg, Mo. and two other villages were razed by the U.S. Army in 1940 to make way for the Weldon Spring Ordinance Works. During the war,  the Atlas Powder Co. produced explosives at the site for the  Army.  Toxic waste from the TNT and DNT production polluted the area.

Mizzou acquired the tainted property after World War II from the federal government for $1.  A current Google satellite image of the area shows the unmarked Hamburg Quarry as a spot of blue surrounded by green.

Kerpash suspects that the barrels he saw there in 1972 may still be at the bottom of the quarry lake. If the barrels contained chemical or radioactive materials, the porous limestone topography would allow the toxins to migrate into the groundwater and flow into the Missouri River.

The abandoned Hamburg Quarry is within a stone’s throw of the KATY Trail.

 

Nowadays, cyclists on the KATY Trail whiz by the old Hamburg Quarry without noticing it. The University of Missouri never rebuilt the town that bore the same name after it acquired the property from the Army after the war.  Given the toxic history of this place, that was a good call.

Based on what he knows,  Kerpash doesn’t think people should move back anytime soon.

On the Missouri Conservation Commission’s map, the old Hamburg Quarry is identified only as a “restricted area.”

 

 

 

 

 

 

 

 

 

 

 

 

 

The Absentee Trash Lord

For the last 20 years, Republic Services CEO Don Slager’s name has been associated with the West Lake Superfund Site, the resting place of nuke waste from the Manhattan Project. He virutally owns the smoldering mess in Bridgeton, but nobody has seen him out on the Rock Road lately. So where’s Don hiding out these days?

Donald Slager

Republic Services CEO Donald Slager oversees a waste empire that includes the smoldering Bridgeton Landfill and its evil twin, the radioactively-contaminated West Lake Landfill.

In 2014, Republic Services CEO Donald Slager and his wife Kimberlee sold their mansion in Paradise Valley, Ariz. to a shadowy investment company for $5.4 million. Their whereabouts nowadays is uncertain. If the couple purchased another tony residence in the Phoenix metro area, they didn’t put their new digs in their name. Maricopa County property records indicate the only real estate the Slagers own are two pricey storage lockers. A third storage unit is in the name of the 2000 Slager Revocable Trust. All three are part of a Phoenix storage facility known as the Toy Barn and advertised as “garage condominiums.”

Taking Care of Business

Screen Shot 2015-01-29 at 8.32.55 AM

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

Tune In

 

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The First Secret City goes prime time beginning June 6th

We are pleased to announce that The First Secret City will be broadcast in June each Tuesday evening at 8 p.m. on the Higher Education Channel (HEC) in St. Louis. Our film is being aired on Frames, a program dedicated to offering films by St. Louis filmmakers.

HEC is available on cable channels 108.26 or 118.26 through Charter TV in the city of St. Louis and St. Louis County. For those with AT&T U-Verse please tune in channel 99. If you use a converter box please tune in to channel 989.

We thank HEC and Frames host Jim Althoff for providing this opportunity to share our film on the radioactive waste issue with a wider audience.

Before the creation of the secret cities of Los Alamos, Oak Ridge and Hanford, the Manhattan Project hired the Mallinckrodt Chemical Works of St. Louis to refine the first uranium used in the atomic bomb dropped on Hiroshima. For the next two decades, Mallinckrodt continued its classified work for the Atomic Energy Commission during the Cold War. The resulting radioactive waste contaminated numerous locations in the St. Louis area some of which have not been cleaned up 70 years after the end of World War II. Told through the eyes of an overexposed worker, the story expands through a series of interviews that careen down a toxic pathway leading to a fiery terminus at a smoldering, radioactively-contaminated landfill. The First Secret City is a feature-length documentary that reveals a forgotten history and its continuing impact on the community in the 21st Century, uncovering past wrongdoing and documenting the renewed struggles to confront the issue.

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.