Evil Never Dies

Gerhard J. Petzall, a longtime law partner of former St. Louis Mayor Francis Slay, was a director of  Spectrulite Consortium Inc., which owned and operated an Eastside plant contaminated with radioactive waste.  After the problem came to light, the company forced its union work force to strike, filed for bankruptcy, and then reorganized under a different name, selling half the business to a foreign conglomerate. 

I collared then-St. Louis Mayor Francis Slay at the Earth Day celebration in Forest Park back in 2013 and asked him for a spot interview. He  told me then that he didn’t have time to go on camera for even a few minutes to talk about St. Louis’ longstanding radioactive waste problem.  He was too busy that sunny Sunday afternoon promoting some other well-intentioned environmental cause. It might have been recycling. As a result, the mayor does not appear in our documentary, The First Secret City.

But Richard Callow, the mayor’s longtime political consultant, does make a cameo appearance in the film. Aside from representing the mayor, Callow has also been a local spokesman for Republic Services, the giant waste disposal company that owns the radioactively-contaminated West Lake Landfill Superfund site in North St. Louis County. In that role, Callow has acted to tamp down public concerns about the severity of the environmental and health problems related to the troubled landfill.

Callow, however,  is not the only link between the mayor and the radioactive waste that has plagued the region since it first began piling up as a byproduct of Mallinkcrodt Chemical’s work on the Manhattan Project.

As it turns out,  Gerhard J. Petzall — the mayor’s former law partner — has past ties to the now-defunct Spectrulite Consortium Inc., a company that owned a plant  in Madison, Illinois contaminated with radioactive waste from the Cold War.  Missouri incorporation records  show that Gerhard J. Petzall, a senior partner in the politically-connected law firm of Guilfoil Petzall & Shoemake, sat on the board of directors of Spectrulite for years and continued  act as an attorney for the company until 2009.

By that time, Slay was in his second term as St. Louis mayor. Slay was a partner in Guilfoil Petzall & Shoemake for 20 years prior to becoming mayor.

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The problems at Spectrulite began in 1957 when the foundry was owned by Dow Chemical Co. Dow processed uranium at the plant between 1957 and 1961 under a subcontract with St. Louis-based Mallinckrodt Chemical Co., which was working for the U.S. Atomic Energy Commission (AEC). Dow’s work caused radioactive debris to accumulate on overhead girders — where it was ignored for decades. In 2000, the U.S. Army Corps of Engineers oversaw a partial radioactive cleanup at the Spectrulite plant.

The Department of Energy conducted the first radiological testing at the facility in March 1989, which showed elevated levels of Uranium-238 and Thorium-232. A story published in the St. Louis Post-Dispatch the previous month had spurred the government to do the testing. The story was based  in part on the earlier research of Kay Drey. In 1979, the St. Louis environmental activist had interviewed a terminally-ill truck driver who had delivered uranium ingots from Mallinckrodt Chemical in North St. Louis to the Dow plant in Madison. The truck driver attributed his lung cancer to his occupational exposure to radiation in the late 1950s and early 1960s.

The plant at Weaver and College streets operates today as Magnesium Elektron of North America, a non-union company and a subsidiary of Luxfur Group of Great Britain. After going bankrupt in 2003,  Spectrulite’s owners sold the company, but continue to hold a stake in the operation and the property itself.

Oddly enough, Spectrulite  remained an active corporation in Missouri — with Petzall’s name appearing in its annual reports long after the business had filed for bankruptcy in federal court in East St. Louis, Ill.  The records show that Petzall continued to be listed as a director of the corporation until 2003, and his name still appeared as a counsel for the by-then non-existent company until 2009.  Spectrulite never operated its manufacturing plant in Missouri. The plant was located across the river in Illinois. But the bankrupt, Illinois-based company, which had been sold to a foreign concern, remained an active corporation in Missouri for six years after its apparent demise; proof that there is life after death at least in the legal world.

News Blackout

The St. Louis Post-Dispatch overlooked EPA Administrator Andrew Wheeler’s visit here  last month, helping coverup the Trump regime’s scheme to downgrade the West Lake Landfill Superfund Site’s status in favor of jump starting a money-making cobalt mine in Southeast Missouri. 

Ed Smith, Harvey Ferdman, Karen Nickel, Andrew Wheeler, Dawn Chapman and Bridgeton Mayor Terry Briggs at Bridgeton City Hall on July 31.

It should come as no surprise that the Flat River Daily Journal scooped the St. Louis Post-Dispatch earlier this month, but it is, nonetheless, disturbing given the ramifications of what is at stake.

On August 1, the Journal, a small-town newspaper in Southeast Missouri, reported on EPA Administrator Andrew Wheeler’s tour of a  shuttered lead mine near Fredericktown in Madison County, Mo. that is being resurrected to extract cobalt.

The Post-Dispatch did not report the story.

Earlier the same day, Wheeler had also met with community leaders at Bridgeton City Hall to discuss the troubled West Lake Landfill.

The Post-Dispatch missed that story, too.

Both the landfill and the mine are EPA Superfund sites. Together they illustrate the Trump administration’s environmental priorities or lack thereof. But readers of the Post-Dispatch remain largely unaware of this strange symbiotic relationship and its potential environmental consequences because the newspaper didn’t report on Wheeler’s visit.

The gaffe occurred despite the EPA announcing the Fredericktown stop in an online press release.

Opposition to Trump administration’s environmental policies by the newspaper’s editorial page may have played a role in the snafu, but whatever the reason, readers of St. Louis’ only daily newspaper were left in the dark.

Wheeler met the morning of July 31  at Bridgeton City Hall with concerned St. Louis County residents to discuss issues related to the radioactively-contaminated West Lake Landfill site. Those present included Ed Smith, policy director of the Missouri Coalition for the Environment; Harvey Ferdman, chairman of the West Lake Community Advisory Group; Bridgeton Mayor Terry Briggs; and Karen Nickel and Dawn Chapman of Just Moms STL, the group that has spearheaded the campaign to expedite a clean up of the long neglected site.

After the meeting in Bridgeton, Wheeler headed south to tour the cobalt mining site in Madison County, Mo., which is polluted with tailings from past lead mining operations.  Wheeler and Republican U.S. Rep. Jason Smith rendezvoused at the mine to promote the 20th anniversary of the EPA’s Superfund Redevelopment Initiative, a program that spurs the reuse of contaminated land by private enterprise.

EPA administrator Andrew Wheeler and U.S. Rep. Jason Smith touring Missouri Cobalt near Fredericktown, Mo. on July 31. [photo credit: The Flat River Daily Journal, Victoria Kemper.]

Both West Lake Landfill and the mine near Fredericktown are Superfund sites, but under the Trump administration they are categorized differently, and West Lake appears to now be getting the short end of the stick.

That’s because the president’s first EPA administrator Scott Pruitt created a Superfund Task Force that prioritizes Superfund sites nationwide. Wheeler has continued the program. The Westlake Landfill was originally on the national priorities list. But shortly after Wheeler announced the West Lake final record of decision in September 2018, he removed the site from the priorities list, inserting the mine near Fredericktown in its place.

” I actually addressed my concern with Wheeler that EPA might decrease its intensity on West Lake since it was removed from the administration’s personal priority list following the record of decision,” says Smith, the development director for the Missouri Coalition for the Environment. Smith adds that he hasn’t observed any noticeable decline by the EPA in carrying out its decision, and that Wheeler assured him of the agency’s commitment.

“As much as I don’t like many things the EPA is doing under this administration, I think we can agree the record of decision at West Lake is a major step in the right direction,”  Smith says. “MCE is continuing to engage EPA for further removal under its groundwater investigation with the goal of 100% removal.”

Despite that optimistic view, the situation on the ground appears less rosy.

Remedial action remains stalled at West Lake and is not expected to begin for years. Meanwhile, the Trump administration has fast tracked the clean up of the mine in Madison County, which is co-owned by St. Louis businessman Stacy Hastie, the founder of Environmental Operations Inc., a company that specializes in cleaning up polluted sites through the use of public funding and state tax credits.

Down the hatch: Mining tycoon and environmental cleaner upper Stacy Hastie.

As the Post-Dispatch and other news outlets have reported, Hastie’s company dominates the St. Louis environmental clean up industry by making hefty contributions to politicians, sometimes receiving de facto, no-bid contracts in return that have cost taxpayers millions of dollars.

Hastie bought the defunct Madison County, Mo.  lead mine in 2018  with partner  J. Randall Waterfield, an Indiana financier. Their company — Missouri Cobalt —  says on its website that it will soon begin extracting cobalt, a valuable mineral now in high demand because of its use in the manufacture of  smart phones, electric car batteries, and guided missiles.

As a part of the arrangement, Hastie formed a separate company — Environmental Risk Transfer —  to handle the environmental clean up of the EPA’s Madison County Mines Superfund site, where the mine is located. The added side deal allows him to profit from both the mandated EPA Superfund clean up and the future mining operations.

This is seen as a win-win for Hastie and the Trump bund,  which favors business interests over environmental and human health concerns. In this case, Wheeler, a climate-change denier and former coal industry lobbyist, is the president’s chosen pitchman to promote merging government and private interests.  Reopening the mine also fits the administration’s trade policies, which favor domestic production and turns a blind eye to future pollution problems.

Hastie’s cobalt mine has received priority status from the EPA at the apparent expense of the West Lake Landfill clean up.  But with the Trump administration in control of the agency that might not be an altogether bad turn of events for those who would prefer the full removal of radioactive waste from the landfill.

The latest twists in the saga mirrors the site’s long, sordid history. The EPA has dragged its feet in cleaning up the radioactive contamination at West Lake since 1990, when it took control of the site, where Manhattan Project waste was dumped illegally in 1973.  More recently, it took a decade to finalize the latest, flawed decision after community opposition forced the agency to reconsider its initial plan to bury all the waste on site. The terms of that 2018 decision now calls for leaving almost a third of the radioactive contamination in the landfill, where it will continue to leak into the Missouri River aquifer, while further studies of groundwater contamination continue. The cost of partial removal of the waste is pegged at more than $200 million.

In June, a Post-Dispatch editorial lambasted Wheeler and the EPA for a plan to impose draconian measures that will further restrict public access to agency documents through the Freedom of Information Act. The editorial decried the new rule because it  would allow Wheeler and his minions to censor responses to FOIA requests with the stroke of the pen. Now the Post-Dispatch appears to be inextricably tangled in a game of tit for tat with Trump’s EPA. By not reporting on Wheeler’s visit the newspaper withheld vital news from its readers,  leaving citizens of the St. Louis region caught in the crossfire — victims of collateral damage.

 

 

 

 

 

 

 

 

 

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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.