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

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

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Rocky Top

Home values in Spanish Village may have declined due to its proximity to the stinking West Lake Landfill. But besieged subdivision dwellers also live on top of a limestone deposit worth a fortune.

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In 1986, the West Lake Quarry and Material Company sought to expand its quarry operations to an adjacent hillside next to Spanish Village subdivision, thereby gaining access to valuable limestone deposits. The city of Bridgeton nixed the proposal.

The ranch-style homes in the Spanish Village subdivision are reminiscent of the not-so-distant past, an idyllic reflection of the 20th Century in our collective rear-view mirror.  Driving by the neatly  trimmed lawns there is no clue that the Bridgeton city park at the end of a cul de sac was once owned by the West Lake Quarry or that it is potentially contaminated with radioactive waste. There’s no hint of the valuable natural resources that lie beneath the surface, either.

Some older residents may remember the park deal that was hashed out in the 1970s by the city council and the then-landfill owners. Records of the sale are buried in the Bridgeton Council minutes. The memory also may lingers the minds of a few present and former locally elected officials.

But they’re not talking.

Talking is something that comes naturally to trial lawyers, however, and, in the summer of 2014, personal injury attorney Daniel P. Finney held court under the eaves of the park pavillion.  A midday thunderstorm rumbled over the hill, but the lawyer didn’t pause. The ensuing rain, offered him a captive audience under the shelter.

As the rain poured down, the lawyer made his best case for signing up with his law firm. He was forthright in his pleadings and offered no promises. He understood the difficulty of proving that radioactive and chemical contaminants from the nearby West Lake landfill had effected the subdivision residents’ health.

Last week, 34 residents, who signed with Finney, reached an out-of-court settlement with a subsidiary of Republic Services, the current owner of the West Lake Landfill Superfund site, where radioactive waste was dumped in 1973. The lawsuit compensates homeowners for their exposure to noxious odors due to an underground fire at the landfill. Terms of the agreement were not made public, but the settlement likely denies the plaintiffs any future redress of grievances.

Those who didn’t take part in the lawsuit remain in limbo. One of the obvious negotiating issues for the Spanish Village property owners is their individual home values, which is based on comparable residential real estate in St. Louis County. The toxic odors wafting from the landfill have decreased home values in the subdivision.

But there is an added value to their property that isn’t being considered. The missing factor in the property evaluation is that the houses are built on top of a precious natural resource — limestone.

The landfill itself, after all, is located at the site of a former quarry, which sits on the edge of the Missouri River flood plain.  Past owners of the landfill founded their business on the presence of the abundant limestone deposits, which are an essential commodity of the construction trade.  In a nutshell, they dug huge holes in the ground to mine and sell the rock deposits and then made more money by charging waste haulers to fill the excavations with all manner of trash, including toxic nuclear and chemical pollutants. The resulting contamination is now leaking into the groundwater.

The EPA has announced it will make its final decision on the clean up plan for West Lake by the end of the year. Under the EPA’s guidelines, there are three proposed alternatives: capping the waste and leaving it in place; excavating and removing it; or a compromise solution that involves a partial excavation. All three alternatives will require massive amounts of  limestone rock materials in one form or another. Transporting the rock from other quarries would be a time consuming and expensive operation.

But there is another option. The nearest limestone deposits to West Lake Landfill are on the adjacent hillside — the location of the Spanish Village subdivision.

The public, including some residents of the subdivision, may not be aware of the limestone deposits, but it is not a secret to state and federal agencies. The U.S. Geological Survey is aware of the limestone deposits because they surveyed the area decades ago. USGS’s counterpart, the Missouri Geological Survey, mapped the area to ascertain the location of mineral deposits in the area. So they know about the location and value of the deposits, too. Moreover, the Missouri Geological Survey is an arm of the Missouri Department of Natural Resources, which is responsible for monitoring the underground fire that is burning at the Superfund site.

There is evidence that that the landfill owners in the past have also been aware of the value of the nearby limestone. That’s because they asked the city of Bridgeton to rezone part of the adjacent hill so it could be quarried more than 30 years ago.

In 1986, West Lake Quarry and Materials Co. asked permission from the city of Bridgeton to expand its quarry operations south of Boenker Lane on 23-acres of a 180-acre tract of land it owned — which abuts Spanish Village. The monetary value of the limestone deposits at the site were estimated in 1986 to be worth $64 million. The Bridgeton Planning and Zoning Commission denied the request.

The  value of the limestone deposits in 2016 would obviously be far greater because of its proximity to the Superfund site. It’s a matter of supply and demand. In short, whoever is contracted to remediate the contaminated landfill by the government is going to need large quantities of limestone rock, gravel and cement.

The radioactive waste at West Lake Landfill was first generated as a part of the Manhattan Engineering District’s secret project to build an atomic bomb. The uranium was processed in St. Louis under a classified contract between the U.S. Army Corps of Engineers and  the Mallinckrodt Chemical Works.

The Manhattan Project was born in secrecy and secrecy remains a constant variable in the 70-year-old saga. There is every reason for this dire situation to be handled with expediency. But history tells us that timely action has never been part of this catastrophe’s chronology.

Openness would offset the doubts and fears that besiege the residents of Bridgeton and the entire region. Instead, negotiations concerning this eminent public health threat are far too often still conducted behind closed doors. Deals are struck, moneyed interests placated.

The trash company liable for this mess bears a name and a logo that evokes patriotism. Its shiny blue trucks lumber through our neighborhoods.  Other responsible parties include Chicago’s electric utility company and the Department of Energy, the successor to the Atomic Energy Commission, which was spawned by the Manhattan Project. This trio’s  combined lobbying power extends from City Hall to the White House.

To believe that they will do the right thing of their own volition is like the proverbial frog  trusting the scorpion to act against its predatory instincts. As the compromises are hashed out and alliances shift, lawyers will continue to talk,  politicians will keep making deals, and the free marketeers will line up once again to feed at the trough.

None of these machinations confront the dangers posed by the nuclear waste that is hitching a ride with fire, wind and rain. Nature is undeterred by human folly. Frankly, it doesn’t give a damn.

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Equally obscured by the carefully landscaped yards is the interest that the Missouri Geological Survey had in the area back in the late 1980s, when the agency partially redrew its maps to better understand the composition of natural resources that lie beneath the surface. Understanding the area’s geology of the nearby hills and  adjacent Missouri River flood plain is driven as much by commerce as science.

That’s because the underground karst topography is composed  deposits of limestone, a valuable commodity used for various construction purposes, including levees, roads and home construction.

Residents of Spanish Village nowadays are more concerned about the stench of toxic chemicals whaffing from the nearby West Lake Superfund site, which

 

ecades ago the Missouri Geological Survey took an interest in the area for reasons other than

 

New Effort Planned To Get Quarry OK’d

St. Louis Post-Dispatch (MO) (Published as St. Louis Post-Dispatch) – February 26, 1990Browse Issues

The Bridgeton City Council has rezoned about 173 acres near the Spanish Village subdivision so that the land owner, West Lake Cos., can build a factory. But that’s not what West Lake wants.

The company has applied for rezoning that would allow quarrying. The city’s Planning and Zoning Commission is expected to make a recommendation on that matter at a meeting scheduled for 7:30 tonight at Bridgeton City Hall, 11955 Natural Bridge Road.

The company wants to quarry the limestone that lies just under the dirt on the ridge. Company officials say that a 20-year supply, with a value estimated at $64 million, is sitting there. The company has been trying for four years to get at it.

The council rezoned the land at a meeting Wednesday. This was the latest move in a series of rezonings, driven by court rulings since 1986.

West Lake Cos. is owned by the Archdiocese of St. Louis, the Shrine of St. Jude and the Propagation of Faith.

The company owned and operated West Lake Landfill nearby until l988, when Laidlaw Waste Systems bought it. But West Lake Cos. retained ownership of the remainder of the land.

In late 1985, West Lake Cos. determined that it was running out of rock at its quarry north of Boenker Lane and applied to Bridgeton to dig a new quarry south of Boenker. The landfill is operating in the depleted quarry hole.

The land where West Lake wanted the new quarry was zoned for single-family houses. Rezoning was required.

But the landfill and quarry and the potential quarry are situated behind Spanish Village subdivision. Residents there adamantly opposed a new quarry. They said that blasting at the old quarry had shaken their houses and caused them distress.

West Lake officials said that if they didn’t open the new quarry, they would have to lay off most of their workers at the company’s plants nearby.

At one point, the City Council got a petition signed by 125 Spanish Village residents in protest against the proposal for a new quarry and a petition signed by 114 West Lake employees in favor of it.

The City Council declined to change the zoning. West Lake sued. A judge ordered Bridgeton to find a more reasonable zoning than residential for the property. Bridgeton rezoned it to B-5, planned commercial, and M-3, planned manufacturing. Offices could be built in both zoning classifications.

But West Lake pressed the matter in court.

Bridgeton had an M-2 manufacturing classification that would have allowed quarrying with a special-use permit. The city removed the quarrying provision from the M-2 classification. And M-2 is what the council rezoned the area to on Wednesday.

But West Lake has applied to the city for M-1, manufacturing zoning, the only zoning classification that allows quarrying, with a special-use permit. The Planning and Zoning Commission held a hearing on the rezoning at a meeting Feb. 12 and may make a recommendation at tonight’s meeting.

If the council agrees to rezone the area for M-1, then the commission may take up the matter of the special-use permit.

The Uranium Cookbook

The EPA’s recent tests of West Lake nuke waste are not unprecendted. Sixty-five years ago the AEC published a recipe by Mallinckrodt Chemical Works  on “roasting”  pitchblende. 

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“If you can’t stand the heat, get out of the kitchen” is President Harry S Truman’s  most noted quip. But Truman is remembered more for actions than words.

He ordered the atomic bomb attacks on Japan that ended World War II. Much of the uranium used in those bombs came from African pitchblende ore and was processed by Mallinckrodt Chemical Works of St. Louis. The classified work continued during the Cold War nuclear arms race that followed. As a result, radioactive waste was haphazardly strewn at sites across the region for 20 years.

Embers of that fateful era are still burning today in North St. Louis County, where leftovers from the Manhattan Project remain a topic of heated discussions.

“Heat” is exactly what the Southwest Research Institute in San Antonio applied in its laboratory experiments earlier this year. The purpose of research was to determine whether uranium waste from the makings of the first atomic bombs — dumped decades ago at the West Lake Landfill — threatens to release harmful radon gas if exposed to increased temperatures.

Spurred by public concern, the EPA commissioned the study to see what would occur if the underground fire raging at the adjacent Bridgeton Landfill met the radioactively-contaminated materials (RIM) buried at the West Lake Superfund site. The question has been smoldering since December 2010, when landfill owner Republic Services reported the hellish conditions.

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The good news, according to the EPA, is that the tests confirmed that baking RIM does not increase radon gas emissions and in some instances decreases them. Community activists have hotly contested those findings, questioning whether the simulated laboratory conditions are comparable to the real fire in the hole.

The latest assurances appear to be another attempt to stem the firestorm of public distrust that surrounds the topic.  Meanwhile, the subterranean smoldering event, as the EPA prefers to call it, continues to burn closer to the RIM.

As the sparks from this drama inevitably create more smoke than light, it should be kept in mind that the flouted tests are not the first to measure the effects of heat on pitchblende. That distinction goes to the Atomic Energy Commission, which published a Mallinckrodt report on the subject in December 1950.

The title of the 65-year-old tract, “The Roasting of Pitchblende Ore,” seems more applicable to a macabre cookbook than a scientific treatise. It also conjures up a combination of Arthurian alchemy and biblical fire and brimstone.

Brimstone is the ancient word for sulfur.

Up to ten percent of the content of the pitchblende ore was comprised of sulfur, according to the Mallinckrodt study. In the 20th Century, the Mallinckrodt scientists were not concerned about the health impact of the sulfur or radioactive materials for that matter. Instead, they theorized that removing the sulfur by cooking the pitchblende would save the company money and increase profits.

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