Environmental Protection Agency

Taking Care of Business

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

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,” he adds. “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,” he says.

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,  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 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.

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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

A War of Words

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“It just makes me sick,” say Kay Drey. The 81-year-old dean of the St. Louis environmental movement is sitting at her dining room table, which is scattered with various paperwork, including two dogeared reports issued by the Nuclear Regulatory Agency in the 1980s.

As the sun streams through a window of her University City home on this mild January morning, she bemoans the state of affairs related to the stalled clean up of the radioactively-contaminated West Lake Landfill in Bridgeton, a nearby St. Louis County suburban municipality.

The NRC reports to which she refers both candidly recommend the removal of the radioactively-contaminated materials from the landfill, which is located in the Missouri River flood plain upstream from water intakes for the city of St. Louis.

The waste, a byproduct of decades of uranium processing carried out by Mallinckrodt Chemical Works on behalf of the government’s nuclear weapons program, was illegally dumped at West Lake 40 years ago. Drey has been fighting various regulatory agencies to get it removed for almost as long.

On this day, Drey’s voice is failing. It can’t compete with Moxie, the family’s small dog, who yaps at a visitor’s feet. After the canine commotion subsides and breakfast dishes are cleared, Drey explains what is bothering her.

“They’re not talking about digging it up,” she says.

Removing the radioactively-contaminated materials from the St. Louis area to a federally-licensed nuclear waste depository in the sparsely-populated West has long been her goal.

In 2008, Drey and the Missouri Coalition for the Environment challenged the EPA’s record of decision on West Lake, which would have mandated a relatively cheap fix — capping the landfill with dirt and leaving the nuclear materials in place. Republic Services, the liable landfill owner, favors this remedy, which would allow the contamination to continue migrating into the ground water. The final decision is still up in the air along with noxious landfill fumes that have been the bane of nearby residents for the last four years.

Since 2010, public outrage over the issue has grown due to an underground fire at the adjacent Bridgeton landfill, which is part of the same EPA Superfund site. The Missouri Department of Natural Resources is overseeing efforts to contain the fire, which is moving in the direction of the radioactive waste. To bolster DNR’s authority, the Missouri Attorney General’s office has filed suit against Republic for various infractions. Splitting responsibility for dealing with the problem between the state and federal agencies has led to further bureaucratic snafus. One of the impasses involves a state-mandated barrier wall to stop the fire from advancing.

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Drey and other activists advocate turning the clean up over to the U.S. Army Corps of Engineers, the agency that has remediated other St. Louis radioactive sites under the Formerly Utilized Site Remedial Action Program (FUSRAP), which targets sites contaminated with nuclear weapons waste from World War II. Gaining congressional approval for such a change has not happened, however, despite efforts by the activists to spur the St. Louis congressional delegation to sponsor the requisite federal legislation.

Meanwhile, Republic, the responsible party, keeps pushing the original capping proposal. The company’s public relations efforts have included backing a rural-based front group, the Coalition to Keep Us Safe which is against shipping radioactive material through the state. The Coalition to Keep Us Safe, via their twitter feed, routinely uses the words “capping” and “encapsulation” to mean the same thing. The terms are used interchangeably by the group, but “encapsulation” is not part of the 2008 Record of Decision issued by the EPA. The confusion of terms is not clear to a casual observer or to many members of the Coalition as seen in the tweets they post.

As the debate wears on, Drey sees support for removal of the waste waning. But she’s standing her ground. There is no compromise on this subject when viewed from her eyes. Those who consider capping as an option are abandoning the goal. In her opinion, it is indefensible to leave deadly radioactive waste to drain inevitably into the Missouri and Mississippi Rivers forever.

Drey also sees how language is being used to obfuscate the issue. Supporters of capping the landfill often use the word “encapsulation” to describe the plan to leave the waste in the floodplain, leaking into the aquifer.

To make her point, Drey gets up from the dining room table and retrieves a worn dictionary from a bookshelf. She runs her index finger down the page to the entry and recites the definition: “Encapsulate: to encase in or as if in a capsule.”

“Does a capsule have just a top?” she asks.

C.D. Stelzer

The More Things Change, The More They Stay the Same

When C.D. Stelzer called the Department of Energy’s FUSRAP office back in 1997, a secretary for a private company answered the phone, two corporate managers acted as mouthpieces for the government, and the DOE official in charge had gone elk hunting.

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First published in The Riverfront Times (St. Louis), Dec. 3, 1997

IT’S SHIFT CHANGE on Friday afternoon at the Boeing Aircraft plant north of Lambert Field, and workers are fleeing in droves, streaming bumper-to-bumper down McDonnell Boulevard, oblivious to the narrow, 21.7-acre piece of real estate next to the thoroughfare. Until recently, this barren stretch of earth offered little to see besides an abundance of weeds surrounded by a rusty cyclone fence topped with barbed wire. In late September, however, the U.S. Department of Energy (DOE) began rearranging the landscape on the property. From the shoulder of the road, where it crosses Coldwater Creek, a yellow bulldozer and backhoe can now be seen parked near a plywood wall extending across the top of the steep embankment leading down to the creek bed.

It’s hard to tell, at a glance, that the work in progress here is part of an overall federal project estimated to cost nearly $800 million. Ordinary building materials — bales of straw, rocks and plastic sheeting — create a setting common to construction sites. But this is no ordinary erosion-control action. Soil at this location, known in regulatory circles as SLAPS (St. Louis airport site), harbors deadly byproducts of the nuclear-weapons industry, which developed during World War II and mushroomed in the Cold War. From 1946 until the mid-1960s, the U.S. Army — and, later, the Atomic Energy Commission (AEC) — dumped hundreds of thousands of cubic yards of radioactive waste, residue from uranium processing at the Mallinckrodt Chemical Works in St. Louis.

As a consequence, the acreage, which is now owned by the St. Louis Airport Authority, has been contaminated with increased levels of uranium-238, radium-226 and thorium-230, according to the DOE. This is no new discovery, of course. Official foot-dragging has been going on for decades. More than 20 years ago the DOE discovered that contaminants had migrated into ditches next to McDonnell Boulevard, where they have settled only inches from the surface. There are still no signs to warn passersby or curious onlookers of this danger.

Failure to inform the public and act in a timely manner has been the hallmark of this case. At the same time, public-health officials have consistently downplayed or ignored the potential health consequences of radiation exposure. After allowing the waste to spread for more than 50 years, the federal government is now belatedly rushing to deal with the problem in a fashion comparable to its past negligence. In the process, rules have been sidestepped and decisions made without a full understanding of their implications. The powers-that-be first attempted to keep the problem a secret, after World War II, for “national-security reasons.” By the late 1970s, however, the festering pollution had become a heated public issue.

The waste itself has proven even more difficult to contain than the controversy over it.

COLDWATER CREEK, which is next to the site, flows through a large section of North St. Louis County and has acted as a convenient vehicle to transport the toxic materials. So far, radioactive contaminants are known to have hitched a ride downstream more than seven miles, according to the DOE. And the migration is continuing. Tests conducted in late 1994 show stormwater runoff at the location still exceeding acceptable radiation levels set by the agency. Drinking-water intakes for the city of St. Louis are located several miles downstream from the site, on the Mississippi River at Chain of Rocks. The radioactive migration by way of groundwater has also been confirmed but is less well understood.

For years, the DOE claimed the waste presented no danger. But the scientific community, which has been moving much more slowly than the waste, has finally concluded that no safe level of radiation exposure exists. By the time this decision was made several years ago, it was also widely accepted that one direct effect of long-term exposure to low-level radiation is cancer.

The $8.3 million cleanup along Coldwater Creek is the first stage of the long-anticipated project. The initial phase involves removing at least 6,000 cubic yards of the contaminated soil to a licensed repository for low-level radioactive waste, located in Utah. The amount is only a small fraction of the contaminated materials that may ultimately be excavated and shipped from the site. The approximate completion date: 2004.

But the entire project now stands in bureaucratic limbo. Less than a month after the DOE started working at the airport site, Congress transferred authority for the cleanup to the U.S. Army Corps of Engineers. The change came about as a part of the latest Energy and Water Appropriations Bill, signed into law by the president in October. Under the legislation, the corps will be handed the remainder of the $5 million already allocated to the DOE for this fiscal year to shore up the small section of Coldwater Creek. The money is in addition to the $140 million appropriation for 1998 that continues funding a nationwide cleanup of low-level radioactive-waste sites. The act also stipulates that the corps must conduct a three-month assessment of the Formerly Utilized Sites Remediation Action Program (FUSRAP), the federal aegis under which the airport site falls.

For the time being, the cleanup of Coldwater Creek is expected to continue uninterrupted, according to David Leake, project manager for the corps. “Congress has made it fairly clear that they do not want the transfer to result in any delay,” says Leake. This pragmatic strategy, however, locks the corps into adopting some of the DOE’s prior policies and practices, many of which have fallen into question in the past.

R. Roger Pryor, executive director of the Missouri Coalition for the Environment, says the corps isn’t carrying the same baggage as the DOE. “I feel the corps doesn’t have the past bias that nuclear waste is somehow good for you,” says Pryor. “However, changing horses in midstream is difficult.”

Even though the airport site is on the U.S. Environmental Protection Agency’s (EPA) National Priorities List (NPL), the DOE, through a regulatory loophole, was allowed to proceed with the Coldwater Creek excavation without formulating any long-range cleanup plan for the entire site. Furthermore, the DOE’s interim plan admits the area now being dug up may have to undergo remediation again sometime in the future. In other words, the current work is at best a stopgap measure. The project may also leave some radioactive contaminants behind because the excavation doesn’t go deep enough. In addition, the DOE started working on the site before a hydrogeological study, which it commissioned, had been completed. A previous hydrogeological study, published last year, cautioned that the groundwater system underneath the site was not clearly understood. The panel of experts concurred that implementation of any excavation work would necessitate further site characterization.

Specifically, the panel, which comprised government and industry scientists, warned of the existence of large volumes of radioactive contamination in the middle of the 21.7-acre site. The location of those contaminants is uphill from the current excavation work. It doesn’t take a nuclear physicist to figure out
that water rolls downhill. By beginning the cleanup at the low end of the site, the DOE hoped to create a buffer that would stop or at least slow the migration of the radioactive pollutants into the creek. But by starting at this point, the department admittedly risks re-contaminating the area it has chosen to clean up. Sheet erosion from rainfall will continue to allow contaminants to move toward the creek. Groundwater will head in the same general direction. Indeed, the subterranean currents may circumvent the DOE’s efforts altogether because, according to the experts, the hydrogeological structure beneath the site pushes groundwater both north and west under McDonnell Boulevard.

“I’m delighted that they are beginning to clean up the airport site,” says Kay Drey, an environmental activist from University City. “But they’re not doing it safely.” Drey, who fought for the cleanup for years, resigned from the project’s oversight committee on Sept. 18 (see accompanying story). In her resignation letter to St. Louis County Executive George “Buzz” Westfall, she expressed disapproval of the DOE’s interim plan, citing what she considers to be inadequate precautions. Before her resignation, she had submitted a detailed eight-page critique of the DOE’s plan. To date, she has received no answers to her questions.

FROM THE MCDONNELL Boulevard bridge, the turbid waters of Coldwater Creek are visible, flowing past chunks of concrete debris and swirling around a white plastic lawn chair marooned midstream. It is a typical suburban scene, a once-pristine waterway relegated to carrying sewage. Coldwater Creek carries other pollutants, too: Jet fuel from nearby Lambert Field has found its way into the watershed, as have salt, oil and automotive antifreeze, according to a DOE assessment. Another pollutant in the surface water is trichloroethylene, a known carcinogen. No one is certain of the long-term effects of such mixed waste on the environment or human health. It is also unknown how the chemical stew affects the migration of radioactive contaminants in surface and groundwater.

In essence, the airport site is a very large experiment with few scientific controls attached.

On the basis of data provided to it by cleanup-site contractors, last year’s hydrogeological panel decided contamination levels at the site would not pose an imminent risk for the next 100 years, an arbitrary figure imposed by the DOE’s guidelines. Yet some radioactive isotopes already discovered in ground and surface water at the site will last for hundreds of thousands of years. Although it downplayed the risks over the next century, the panel nevertheless concluded it would be inappropriate to use the site for long-term storage and repeatedly stated that many questions about the hydrology of the area remain a mystery.

Seepage of radioactivity into groundwater is by no means unique to St. Louis. Last week, the DOE formally admitted that the aquifer underlying the 560-square-mile Hanford nuclear reservation in Washington state has been contaminated. The radioactive waste, which is moving toward the Columbia River, is the result of 40 years of plutonium production at the site. The DOE, which long denied that groundwater contamination existed at Hanford, now claims the Columbia will not be threatened for the proverbial 100 years. However, the independent scientific analysis that forced the DOE to confess to the groundwater contamination calls the DOE’s estimates on risks to the river “unreliable.”

Tom Aley, a hydrologist who sat on the panel that studied the St. Louis airport site, is sure of one thing: The waste should have never been dumped here in the first place. Similar to Hanford, the waste here is situated on top of an aquifer. “It is a very poor site for disposal of that type,” says Aley, who owns Ozark Underground Laboratory Inc. Aley lists population density, groundwater contamination and the proximity of the site to Coldwater Creek as reasons not to store radioactive waste at the airport site.

His tempered approval of the cleanup is based in part on the lack of groundwater use in the area. However, Aley concedes there is much yet to be learned. “We don’t really have a good understanding of the vertical contamination,” he says. “The waste was deposited in a very haphazard manner, which was typical of that era. That has made cleanup very difficult. Another thing is, you can never totally clean up a site. A lot of these cleanups are real bootstrap operations. You have to pull one boot up, and then you have to pull the other up.”

The emperor may have buckled his boots, but he is without clothes. In short, no plan exists as to how to proceed with the remainder of the cleanup. Indeed, according to details of the DOE’s interim action, the current $8.3 million creek cleanup may ultimately have to be redone. The DOE’s engineering evaluation/cost analysis clearly states: “Although final clean-up criteria have not been established for this site, it is anticipated that the majority of the area cleaned up by this action will not require additional effort. However, final clean-up criteria, once selected, could require additional efforts in areas excavated in this removal action.”

Although the DOE acknowledges contamination at the site extends at least 18 feet deep, its interim plan requires digging only “eight to 10 feet below the existing land surface,” according to a Federal Register notice published in September. The DOE also acknowledges that “soil contaminated with radionuclides is present below (the) water table.” If contaminated groundwater is encountered during the dig, the DOE’s interim plan calls for it to be pumped onto high ground, which means it will re-enter the aquifer or run back downhill, toward the creek.

To battle this inevitable gravitational pull, the DOE has built a berm to separate the excavation work from the rest of the site. The interim action also calls for a channel to be constructed to reroute stormwater away from the roadside ditch that drains into the creek. In 1985, the DOE constructed a gabion wall — rocks secured by a wire basket — to hold the bank from sliding into the creek. It is a porous structure that by design allows water to percolate through. Whereas the effectiveness of these measures is subject to debate, there is no argument that radioactive sediments can still move downward into the aquifer and flow northwest under McDonnell Boulevard, thereby entering the creek unimpeded.

The hydrogeological study from last year warned about this possibility. “Groundwater monitoring has shown the migration of radionuclides in the direction of groundwater flow across McDonnell Boulevard and under the formerly used ball fields property to the north,” according to the study. “This factor raises concern over potential shallow discharge of radionuclides to Coldwater Creek to the west and north and potential vertical migration to the lower aquifer system.”

Three thousand people live within a one-mile radius of the airport site, according to DOE estimates. From the airport, Coldwater Creek flows northeast for 15 miles, touching the communities of Berkeley, Hazelwood, Florissant and Black Jack before discharging into the Missouri River. The city of St. Louis drinking-water intakes at Chain of Rocks, which supply water to hundreds of thousands of people, are five miles downstream from where the Missouri joins the Mississippi.

By any standard it is a densely populated watershed. DOE guidelines for thorium and radium concentrations mandate they not exceed 5 picocuries per gram averaged over the first 15 centimeters of soil and 15 picocuries per gram in subsequent soil layers of the same thickness. Analysis conducted for DOE in 1985 indicates that soil next to Coldwater Creek is contaminated with as much as 14,000 picocuries of thorium-230 per gram. The naturally occurring background level for the same radioactive isotope amounts to 0.2 picocuries per gram.

The corresponding guideline for acceptable DOE levels of uranium-238, which is also found at the airport site, is 50 picocuries per gram. In 1981, DOE initiated a two-year groundwater-monitoring program at the site and discovered uranium-238 at concentrations up to 2,230 picocuries per gram. Other evidence shows radioactive waste is spread across the site at levels thousands of times greater than considered acceptable.

A curie is the amount of radiation emitted from one gram of radium, equal to 37 billion decays per second. A picocurie equals a trillionth of a curie. Curies are used to measure the amount of material present; they don’t indicate the amount of radiation given off or its biological hazards.

Such DOE standards ignore potential health consequences, according to a 1991 congressional study. “The present regulatory-driven approach … places far more emphasis on characterizing the contamination than on investigating health impacts and may prove ill-suited to identifying public health concerns, evaluating contamination scenarios according to their potential for adverse health effects, or establishing health-based clean-up priorities,” the Office of Technology Assessment report states.

JOHN W. GOFMAN, a professor emeritus of medical physics at the University of California at Berkeley, has long contended that there is no safe level of radiation exposure. “I concluded it’s impossible for such a level to exist given the evidence on how radiation works,” says Gofman. The term “low-level radiation” is a political term used by the nuclear industry to lull the public into accepting exposure risks, he says. Similar phrases also downplay the consequences. “The terms `tolerance level,’ `allowable level,’ `permissible dose’ — those are all phenomenal words that are supposed to tell Joe Six-Pack, `Nothing to worry about — there ain’t no harm.’ That’s why these terms came into existence,” he asserts.

The 79-year-old Gofman is in a unique position to advise on such matters because he is a physician and holds a doctorate in nuclear physical chemistry. His research at Berkeley during World War II attracted the attention of J. Robert Oppenheimer, lead scientist in the Manhattan Project. After working on the atomic bomb at Oppenheimer’s request, Gofman completed his medical studies. But in 1969, Gofman fell from grace with the atomic establishment when he challenged the “acceptable” levels of radiation exposure then allowed.

After being ostracized by the atomic establishment for years, Gofman’s scientific opinions have been widely accepted of late. In 1990, for instance, after years of debate by U.S. scientists, a report by the fifth conference on the Biological Effects of Ionizing Radiation (BEIR V) concluded that radiation effects are proportional to dose in all cases. More recently, says Gofman, “The United Nations Scientific Committee on the Effects of Atomic Radiation said that the weight of evidence comes down on the side of no safe level. And the British National Radiological Protection Board in 1995 published a document in which they have now said that there can be no safe dose.”

Studies such as these lead Drey, the environmentalist, to question the logic of allowing further radioactive contamination to flow into Coldwater Creek. “Dilution is not the solution to pollution in reality or legally,” says Drey. “When you are dealing with materials that will continue to give off radioactive particles forever into the future, literally billions of years, you have to be very careful with this stuff.”

THIS IS NOT THE FIRST TIME Drey has opposed a DOE project. In 1993, she battled the department’s plans to clean up radioactive waste at nearby Weldon Spring in St. Charles County (“Rushing Water,” RFT,Jan. 6, 1993). Her vigilance then temporarily delayed that project, after she exposed the fact that the DOE was going ahead before receiving critical EPA test results.

Stephen H. McCracken, who headed the Weldon Spring cleanup, took over as St. Louis airport-site manager for the DOE earlier this year. Although the circumstances and nature of the radioactive waste may be different at the airport site, McCracken’s job switch hasn’t seemed to have affected his ability to circumvent government guidelines. If anything, the DOE official’s evasive end-runs appear to have improved over time.

Pryor, of the Coalition for the Environment, recalls that the decision was railroaded past the citizens oversight committee on which he sits. “We had hardly seen this darn thing,” says Pryor of the recommendation to proceed with work along the creek. “When we asked McCracken in September, he admitted it was just a guess,” says Pryor, referring to the point at which the DOE decided to begin excavating. The measure squeaked past the committee on a 4-3 vote. “We thought it was silly to go forward without the geological study,” says Pryor.

On Sept. 18, the day Drey resigned, McCracken signed a memorandum, which was immediately filed away. The memo cites an emergency clause that allowed him to waive the DOE’s standard 15-day public-review period for such actions. Sept. 18 also just happened to be the day DOE issued its “Flood-plain Statement of Findings” in the Federal Register. The purpose of the posting was to notify individuals and other government agencies of the pending action at the airport site so they could scrutinize the plan in advance. The notice clearly states: “DOE will endeavor to allow 15 days of public review after publication of the statement of findings before implementation of the proposed action.”

Four days later, on Sept. 22, work began at the St. Louis airport site.

Every conceivable government agency — local, state and federal — was left out of the loop. Even the DOE official who has oversight into such matters said he was unaware the emergency clause had been invoked. “I suppose you’d have to ask Steve McCracken about that,” drawled James L. Elmore, a National Environmental Policy Act (NEPA) compliance officer for the DOE in Oak Ridge, Tenn. “I don’t have anything to do with that. You’d really have to ask him exactly what his total thought process was.” Despite his ignorance, Elmore’s name appears on the bottom line of the Sept. 18 Federal Register notice.

The RFT could not initially reach McCracken to explore his “thought process,” because, according to the secretary at the DOE site office, he was elk hunting in Colorado. After returning from his expedition, the DOE manager still did not return repeated calls placed to his office for a week. In his Sept. 18 waiver memo, however, McCracken wrote he had expedited the cleanup out of concern that autumn rainfall would make excavating near the creek more difficult. Come hell or high water, McCracken is expected to continue working at the site, at least during the transition period.

The airport site is on the Superfund’s NPL list, according to Dan Wall at the EPA regional headquarters in Kansas City. Because of its priority status, the agency is obliged to oversee the cleanup, he says. But it appears the contractors are more in control of the project than anybody else.

Calls placed to the DOE’s site office in St. Louis are answered by the cheerful voice of Edna, a secretary who works for Bechtel National Inc., one of the DOE’s prime cleanup contractors. She takes messages for McCracken and his assistant. In this case, she took messages for nearly two weeks, and for nearly two weeks the calls went unreturned. Finally, representatives for the DOE’s two prime contractors called back.

A secretary for a private company answers the phone at a government office, two corporate managers act as the mouthpieces for a government project, and the government official who is supposed to be in charge is elk hunting. This gives the appearance that the tail is wagging the dog. That may soon change under the new leadership of the corps. “The corps and the DOE operate somewhat differently,” says Leake. “The DOE will put very few people on a particular program and rely heavily on large national contractors to do a lot of the things that the Corps of Engineers try to do internally.”

The change in management styles will affect all of FUSRAP, which originated in 1974 under the AEC, the predecessor of the DOE. AEC established FUSRAP to deal with radioactive waste produced as a byproduct of nuclear-weapons production. Of the 46 FUSRAP sites across the country, 25 have been cleaned up, according to the DOE. Four remaining radioactive hotbeds are in the St. Louis area, with the airport site the largest.

In St. Louis and elsewhere, the DOE has relied on the expertise of Bechtel and Science Applications International Corp. to carry out its mission.

Wayne Johnson, the deputy project manager for Bechtel in St. Louis, is certain the cleanup next to Coldwater Creek is being carried out safely. “These measures have been monitored by the Missouri Department of Natural Resources, which has had representatives on the site routinely to look at our operations to make sure that we are not affecting the creek. In addition to that, St. Louis County, which has advised us on our plans for the work, has been out to the site,” says Johnson. “So we feel confident, and we are more than halfway done. We have not had any problems or affected the creek in any way.”

Ric Cavanagh of the St. Louis County Health Department, who chairs the citizens oversight commission, agrees with Johnson’s assessment. “I’m not a lawyer, but it is my understanding that they (the DOE) did make use of a provision in the rules to move forward. The majority of the oversight committee voted in favor of proceeding with the work,” says Cavanaugh. “We are purely advisory. We couldn’t have stopped it if we wanted to. The groundwater levels were very low at the time, and this was a very good time to get things going. (St. Louis County’s) goal was to get excavation begun and to get work begun at that site. So we were pleased to have it go from that standpoint.”

The oversight committee currently has 11 members — five from the city of St. Louis and six from St. Louis County. One seat remains vacant at this time. The board replaces an advisory task force that disbanded last year.

AT ONE TIME, workers toiled night and day to dump the radioactive waste at the airport site. The open pile rose to 20 feet above ground level, according to one DOE document. Altogether the accumulated waste at the site and elsewhere nearby is estimated to have once ranged from 283,700 to 474,000 cubic yards, according to the DOE. In additional to open dumping, Mallinckrodt workers were required to hand-pack waste in 30- or 55-gallon drums. The drums were then stacked on top of each other at the airport site. The barrels then began to leak.

In the process of storing the waste, haul routes and adjacent properties became contaminated. Then in 1966, the AEC sold most of the residues to Continental Mining and Milling Co, which promptly transported the waste to 9200 Latty Ave. in Hazelwood and then went bankrupt. The movement resulted in the contamination of more properties. Cotter Corp., a subsidiary of Commonwealth Edison, subsequently acquired the materials, with an eye toward reclaiming some of the minerals. The bulk of it ended up in Canon City, Colo., but not before one of Cotter’s subcontractors dumped thousands of tons of the waste in the West Lake landfill off Old St. Charles Rock Road in North St. Louis County.

More than 50 years after it started, the uranium-processing operation conducted at Mallinckrodt in St. Louis has forced almost $800 million in reparations on U.S. taxpayers — the cost of cleaning up the radioactive vestiges of World War II and the arms race that followed. To the victors go the spoils. It is a small part of the environmental damage wrought by the federal government and the nuclear-weapons industry over the last half-century — damage estimated to cost $200 billion to correct. What can never be measured are the lives cut short because of radiation exposure. Men have been tried for war crimes that did far less.

HURRY UP AND WAIT

After quickly identifying two new dioxin sites in St. Louis County last year, the EPA has lagged on the clean ups

first published in the Riverfront Times (St. Louis), March 25, 1998

BY C.D. STELZER

From the picture window of her ranch-style home, Lorraine Jordan has a view of James S. McDonnell Park across Adie Road, where an eight-foot tall cyclone fence is now being constructed.

During the past few months, the Environmental Protection Agency (EPA) has taken more than 2,000 soil samples from the park, which is located near the North St. Louis County municipality of St. Ann. Surveyors have also staked out a section of the park near Jordan’s residence with bright orange flags. But nobody from the federal agency has bothered to walk across the street and inform her about the purpose of these actions. Instead, she has learned the little she knows from the scant newspaper coverage afforded the subject.

McDonnell Park, which is part of the St. Louis County Parks system, is the most recent dioxin site discovered in the metropolitan area. Regulatory authorities became aware of the contamination in October. The discovery followed an announcement earlier last year of another suburban dioxin site in Ellisville on Lemar Drive. Clean ups at both places have remained at a standstill for several months now. However, the EPA is expected to release its Engineering Evaluation and Cost Analysis (EE/CA) for the two projects this month. After a 30-day public comment period, the agency will then decide which means of remediation to pursue.

The discovery of the Lemar and McDonnell sites came after the closing of the controversial Times Beach dioxin incinerator in June, which precluded burning the waste locally. Another possible alternative was eliminated in December, when the only available commercial incinerator licensed to accept dioxin-contaminated waste was shuttered in Coffeyville, Kan.

Shipping the waste to Coffeyville would have been prohibitively expensive even if it had remained an option, according to one local official. In the short term, the federal agency has settled for containment and fencing off the contaminated areas. Due to budgetary constraints, long-range solutions now under consideration include alternative technologies shunned by the EPA during the Times Beach clean up. The EPA has refused to reveal the list of alternatives prior to the publication of its EE/CAs, but according to Ellisville city manager Jeff LaGarce, the choices will likely include a technique called “thermal desorption,” an unproven process that allows the waste to be detoxified on site.

Although the LaGarce lauds the EPA for its quick initial response, he expresses concerns about any further delay in cleaning up the Lemar site. “Our city adopted a resolution asking them to remedy this problem as quickly and efficiently as possible,” says LaGarce. “For four or five months, that site has been standing there idle. It has caused a great deal of concern for people. It’s good to put a lot of thought into a process such as this, but when are we going to see some outcome? We feel that our residents should not be subjected to having that site next to them for an excessive period of time.”

On the other hand, the director of the St. Louis County Parks and Recreation Department, expressed unqualified satisfaction with the EPA’s handling of the McDonnell Park site. “I’ve felt that the steps that we’ve taken and the timeliness of those steps have been appropriate,” says Hall. “The EPA has taken all those necessary steps and there are no problems relative to any exposures to the public at this point. You want to make sure you do it right, and, in the process of doing it, safeguard the public. My (goal) is to have a park that is presentable to the public and that is safe to the public and doesn’t put them at any risk. I think they’ve done that.”

Essentially, Hall is asserting confidence in the clean up before it has started.

The highest measure of contamination found at McDonnell Park is 275 parts per billion (ppb). Remedial action is mandated by the EPA in a residential setting at one ppb or higher. In this instance, however, because the highest level of dioxin is believed to be buried more than a foot deep, it has been deemed safe by the EPA. The greatest surface concentrations, 169 ppb, are present in a wooded ravine, which is currently being fenced off. Adjacent to the ravine, in a playing field, dioxin has been found at more than 9.5 ppb. The EPA intends to cap that area with soil and sod to limit human exposure and soil erosion.

At the Lemar site, the dioxin levels are even higher. The top level found beneath the surface in Ellisville was 1,173 ppb, according to the EPA. One residence has had to be evacuated because of interior contamination. The area has been fenced off and excavated. Additional dioxin that migrated off-site has been removed from the roadside and an area next to a nearby pedestrian walk. The contaminated soil is being stored in a pile at the site and covered with a tarp.

“The fencing is certainly just an interim measure, while we are preparing the final alternative,” says Bob Feild of the EPA. “Once we receive the public comment then we’ll be in the position to move forward with remedy selection. But at this point, I can’t really discuss the alternatives.

Both locations are suspected to have been contaminated by waste-oil operator Russell Bliss sometime in the early 1970s, according to the EPA. Bliss sprayed dioxin-contaminated oil on unpaved roads, parking lots, truck terminals and horse arenas as a dust suppressant.
Jordan, who has lived in her home for 43 years, recalls the late Odie Greenspon, once operated a breeding farm for trotters at the location of the present park.. Her children helped walk the horses and worked in the stables, she says. One of her adult sons has since contracted a lupus-like disease, says Jordan. Dioxin is known to cause damage to the human reproductive and immunological systems. It is also a probable carcinogen.

“I’ve been looking for answers, and I don’t know what direction to go in,” says Jordan, who was belatedly informed by a neighbor of an EPA informational meeting held on March 12. “There are probably a lot of people who are unaware,” she adds.

Across the street in the park, a family of four walks with their two dogs along the asphalt trail that skirts the dioxin-contaminated site. A trio joggers run past them. There are no signs to warn these park users that they are trekking through a hazardous waste site.

For information about the McDonnell Park and Lemar Drive dioxin sites, call Hattie Thomas, EPA Community Involvement Coordinator, at 1-800 223-0425.

WASTED IN WEST COUNTY

As a prelude to snuffing the flames at the Times Beach dioxin incinerator, the EPA moved more than 4,000 tons of “special” waste from the clean-up site to a controversial landfill in St. Louis County

published in the Riverfront Times (St. Louis) July 9, 1997

BY C.D. STELZER

In late May, when the dump trucks began rumbling down Vance and Sulphur Springs Roads in southwest St. Louis County, residents along the route had no way of knowing that the vehicles were hauling chemically- contaminated soil from Times Beach. That’s because no one from the federal, state or local government bothered to tell them.

Ultimately, over a two-week period, a total of 4,466 tons of non- dioxin-contaminated waste, which had been excavated from the site of the former Times Beach city park, wound up at the nearby Superior Oak Ridge Landfill. The soils contained dangerous volatile organic chemicals, including ethylbenzine, toluene, xylene, tetrocholorethylene and trichloroethylene.

No less than three sources reached for this story refused to comment on the transfer of the waste, citing a confidentiality agreement with the EPA — an agreement the EPA doesn’t even acknowledge exists. An EPA attorney, who did go on the record, said she had no idea how much the city park clean up cost. A public affairs spokeswoman for the agency asked that all questions pertaining to landfill shipments be placed in writing. Although a Freedom of Information Act request was submitted, there have been no answers yet.

The stealthy manner in which the tainted dirt was relocated and the silence since then has led opponents of the Superfund cleanup to further criticize the project, which is now near completion. In advance of a media event to publicize the final snuffing of the flames at the Times Beach dioxin incinerator, the public affairs office at the site disconnected its phone. (park here)
Officials who have been contacted have attempted to diffuse the issue. The word from the Environmental Protection Agency (EPA), the Missouri Department of Natural Resources (DNR) and the St. Louis County Health Department is that there is nothing to worry about because the soil that went to the landfill contains only low-levels of contamination. Indeed, they emphasize that the latest tests show negligible amounts of toxic chemicals at the city park site. By contrast, the EPA’s own 1986 draft feasibility study claimed that soil contamination at the park went20 feet deep and ground water was contaminated with 13 different chemicals.

In the latest tests, the EPA didn’t search for highly-toxic polychlorinated biphenyls (PCBs) because none were recorded to have been found in tests conducted in 1991. But earlier tests conducted in 1982 showed PCBs present at the same location, according to sources close to the Times Beach clean up. This apparent discrepancy may be explained to a degree by the natural breakdown of the chemicals over time. Public confidence in the reliability of EPA data has also broken down over time, however, and PCBs are known to be persistent in the environment. Aside from not informing the public in a timely manner, the transfer of the waste to the landfill raises other concerns. The Riverfront Times has learned the following:

* The landfill that accepted the waste from the Times Beach city park has repeatedly been cited for operating violations by the DNR. Superior Services Inc. of Wisconsin, the new landfill owner, has yet to fully rectify the latest problem, according to the Missouri Attorney General’s office. Interestingly, Superior also controls a subsidiary specializing in hazardous waste cleanups. That company has done work for the EPA in the past.

* James B. Becker, who owned the landfill until last year, headed a consulting engineering firm that did survey work at the Times Beach clean up, according to the DNR. Records show his son is still the managing operator for the landfill. The elder Becker, a heavy campaign contributor to County Democrats, has been involved in past political controversies.
* The former mayor of Times Beach and a civil attorney with knowledge of the case both say the city park tested positive for highly- toxic PCBs in 1982. Sampling at that time also found other hazardous chemicals. Tests conducted nine years later, however, somehow failed to find any PCBs In May, the EPA chose not to sample again for the persistent chemical and claims to have found only insignificant levels of other contaminants.

* A driver for Russell Bliss, the waste hauler who sprayed Times Beach with dioxin-contaminated oil, admitted dumping liquid chemical waste at the same site (then called West County Landfill) in the early 1970s, according to copies of government documents obtained by the RFT.

“What’s really strange about this whole thing is they took Superfund money to take material they were afraid was going to leach into the ground water at Times Beach, and dumped it into a municipal waste landfill in West County that has been out of compliance for the lastdecade,” says Steve Taylor of the Times Beach Action Group (TBAG).

Taylor and other local environmental activists have long charged that incineration — the mandated method of disposing of dioxin- contaminated waste in Eastern Missouri — falls short of meeting the EPA’s own stringent emissions standards and thereby endangers human health and the environment. Evidence uncovered by TBAG late last year cast doubt on the reliability of a crucial 1995 stack emissions test, which was conducted to verify the operational safety of the incinerator.

Now that Syntex, the liable party in the dioxin clean up, has finished burning 265,000 tons of dioxin-contaminated soil (more than twice the amount originally estimated), TBAG is concerned about the remaining waste. This separate phase of the remediation has until now received little or no attention. Under the terms of the 1990 consent decree, non- dioxin contaminated materials could not be burned at the Times Beach incinerator. In some cases, barrels of hazardous waste have been shipped out of state for disposal. Soil deemed to contain only low levels of contamination, however, could be legally moved to an ordinary sanitary landfill for disposal.

In the case of the Times Beach city park, the EPA sought and received permits from both the state and county to haul “special waste” to the Superior Oak Ridge Landfill. To move the waste, the EPA circumvented its own strict regulations by deferring to more lenient guidelines imposed by the DNR, according to Martha Steincamp, an EPA attorney. Steincamp referred to the city park clean up as a “removal action not a remedial action.” She compared the landfill shipments to the disposal of other non-hazardous waste at the site such as flood debris and abandoned household goods. When asked why such seemingly benign materials needed to be disposed of at all, Steincamp replied: “Because Times Beach is going to be a park and we want to clean it all up.”
Unlike the high-profile incineration project, shipments of the contaminants to the landfill went virtually unnoticed. The press release relating to the project failed to mention the destination of the waste other than to say, “the contaminated soil will be transported off-site to a licensed disposal facility.”

A spokeswoman for the St. Louis County Health Department doesn’t see why local government should have been any more vigilant in alerting citizens than the EPA has been. “If we put out a news release every time somebody shipped properly handled waste, that’s not news, says Ellen Waters. “What benefit would it be to the citizens to know the waste is being properly handled? It’s good to know, but it almost goes withoutsaying. The assumption is always there — that’s what we do day in and day out.”

If the current name of the landfill — Superior Oak Ridge — seems unfamiliar that’s because up until September of last year the facility was formally known as West County Disposal Ltd. Among area residents it is still simply referred to as West County Landfill. Superior Services Inc., the new owner, is a Wisconsin-based solid waste management firm.
The current violation at the landfill dates back to November 1991, when the Missouri Attorney General’s office filed suit on behalf of the DNR. The DNR had cited the landfill for exceeding its vertical limits because trash had piled up 680 feet high, 40 feet over the limit. Last year, a $30,000 fine was imposed on the prior landfill operator. Since acquiring the landfill in September, Superior Services has not brought the facility into compliance with state requirements, according to Joseph P. Bindbeutel, chief counsel of the environmental division of the Missouri Attorney General’s office.

“From our standpoint as enforcers, … they bought a pig in a poke,” say Bindbeutel. “And they are continuing to sort of pay the dues of operational confusion out at that landfill. There are so many plans, and so many intentions, and so many maps, and so many management techniques out there nobody knew how they were going to operate. … Becker (the prior owner) actually committed the violation,” says Bindbeutel. “But we will be demanding remediation and penalties from the new operator. They bought the overfill. They’re responsible for it.”

Despite the tough talk, Bindbeutel indicates the state appreciates what Superior has contributed — namely a $4 million assurance bond to cover any emergencies or future closure. Bindbuetel also credits Superior for actively seeking to make improvements at the site. “They redesigned the active part of the landfill completely, including a methane recovery system that will very much benefit the environment.”

Peter J. Ruud, vice president and chief counsel for Superior, refused to discuss the sale terms, and cited a confidentiality agreement with the EPA concerning the contaminated waste from Times Beach. But it’s no secret the company has expanded lately through a series of acquisitions in the Midwest. The solid waste management firm also owns a subsidiary, Superior Specialty Services that handles hazardous waste cleanups, including contracts with the EPA

In essence, Superior bought the former West County Disposal Ltd., changed it name and acquired the same operating permit held by the previous owner. The Wisconsin company acquired all potential liability associated with the landfill, too. Mitch Stepro, the special waste coordinator for the landfill, also refused to discuss the Times Beach waste, citing a confidentiality agreement with the EPA. Because both sides are remaining mum, it is unclear why the out-of-state company would buy into a landfill that faces possible further sanctions by the state.

Becker, the former landfill owner, referred all questions to his attorney, Brian McGovern, who accused the DNR of dragging its bureaucratic feet. “There was an exceedence of the vertical elevations, but they’re was also a counter claim alleged,” says McGovern. “Plans had been submitted at the landfill that would have allowed access to additional areas.” But the DNR put off looking at the landfill’s expansion plans for four years, according to McGovern, thus stymieing the operator’s ability to contain the waste in a more appropriate manner.
Problems at the landfill go back more than four years, however.

West County Landfill acquired its first operating permit in December 1972, and public protests started immediately. One early critic, geologist Charles Felt of St. Louis University, told the St. Louis Globe-Democrat : “My research indicates that the area is not suitable for a landfill. In the first place, rocks underneath the area would allow water to pass through.” In 1973, Martin D. Baron of the Coalition for the Environment voiced more opposition, telling the County Council the water quality of the nearby Meramec River needed to be protected.

The pleas fell on deaf ears. The County approved the license for the 129-acre landfill and problems at the site began to mount. In 1983, the state ordered the landfill closed, alleging Becker had failed to take adequate steps to protect ground and surface water from pollution. But West County continued to operate while it appealed the case. Two years later, DNR finally reached a settlement agreement that imposed strict guidelines on the landfill. A DNR official then said the stiff requirements had been imposed because soil conditions at the facility allowed waste to seep into the ground.

In recent years, neighbors of the landfill complained to the St. Louis County Council about odors. Other residents notified authorities of dumping late a night. But the County did little. Perhaps the most telling evidence of official disdain for citizens’ concerns is found in complaint log #8071 on file at the St. Louis County Health Department. In a letterdated May 11, 1996, residents of Greenfield Crossing Court asked for help to stem “the pollution, strong unpleasant odors, noise and traffic caused by the operators of the landfill.” In response, an unknown official jotted in the margin, “What pollution? (These are) all conditions associated with normal landfill operations. Why did they buy property next to a landfill, if they did not like these conditions?”

In 1991, when West County community activist Angela Dillmon started checking out local candidates, she found Becker had contributed heavily to Democrats on the County Council, particularly, the campaign of County Executive Buzz Westfall. By Dillmon’s tally, Becker and individuals and companies connected to him gave Westfall tens of thousands of dollars. “It was serious money,” says Dillmon.

It wasn’t the first time Becker had become involved in local politics. In 1974, he pled the Fifth Amendment 58 times in the perjury trial of then-St. Louis Building Commissioner Kenneth O. Brown. Brown was charged with lying to a grand jury about a $1,500 check he had received from Becker. The prosecution alleged the money was paid to Brown for steering work to Becker’s consulting engineering firm.

Later, from 1984 to 1987, the late St. Louis County highway director Richard F. Daykin got the County Council to give more than $800,000 in no- bid contracts to James B. Becker Consulting Engineers, according to press accounts. At that time, Daykin’s son, Richard J. Daykin, worked for Becker’s engineering firm. While employed by Becker, the younger Daykin helped survey the Times Beach site.

After his father’s death, Daykin befriended Taylor, the TBAG activist. He then told Taylor of irregularities in soil sampling he had observed at Times Beach. He also mentioned safety violations at the site. Daykin repeated his allegations in an interview with an environmental attorney who was preparing a federal suit to try and halt incinerator operations.

But Daykin never got a chance to go on the record. In August 1995, Federal Judge John F. Nangle reaffirmed Superfund clean ups can’t be sued until after they are completed. That judicial ruling is not what permanently silenced Daykin, however. He died of injuries received in a one-car accident early last year.

Taylor is hesitant to broach the subject of his friend’s death. “There was no indications of foul play,” he says. “It is presumed by friends and family to have been an accident. We don’t really know because there weren’t many questions asked. Rich was always hesitant about bringing up things,” says Taylor. “But he came to his own realization things weren’ton the up and up at Times Beach. He thought a lot of things that happened down there were suspicious.”

For its part, the EPA claims ignorance of all these details. “I don’t keep up on St. Louis politics that much,” says Martha Steincamp, the regional counsel for the EPA. “The most important thing to us, of course, is that we are selecting a location that is properly licensed and approved by whomever the licensing authorities are to receive this waste. In this case, there were discussions with the county officials and it was a properly licensed landfill to receive special waste and they did have the conditional use permit.”

In 1995, Marilyn Leisner, the former mayor of Times Beach, told the RFT the city park site contained PCBs, albeit low levels. Her recollection is based on private testing done in 1982 prior to the evacuation of the dioxin-contaminated town. “When the testing was completed, it was determined the PCBs were only at the city park,” said Leisner. “In the cleanup at Times Beach, Syntex is not responsible for the PCBs. So the park cleanup is not being done by Syntex; it is being done separately by the EPA.”

As Leisner and Steincamp both explain it, dioxin at Times Beach fell under Superfund regulation, which made Syntex, the liable party, responsible for its clean up. But the PCB contamination at the city park came under the auspices of another federal law, the Resource Conservation and Recovery Act (RCRA). RCRA regulations allow the states to set the contamination guidelines.

Gerson Smoger, an attorney who represented former Times Beach residents, couldn’t corroborate Leisner’s recollection exactly, but he did remember the presence of PCBs at the city park, as well as, elsewhere in Times Beach. “When they were doing the testing, the assumption made in the early 1980s was that dioxin was of such extreme harm that anything else was irrelevant.” Nevertheless, according to Smoger, the concentrations of PCBs alone were high enough to declare Times Beach a hazardous waste site. “One would assume there would still be PCBs there, ” says Smoger. But, according to sampling conducted in 1991, the PCBs — a persistent environmental pollutant — had somehow vanished.

PCBs or no PCBs, significant levels of volatile organic chemicals were indisputably detected at the city park as early as 1982. Private tests conducted at that time for the city of Times Beach showed thepresence of toluene at 120,000 part per billion (ppb), ethyl benzene at 170,000 ppb, acetone at 82,000 ppb and xylenes at up to 510,000 ppb. A Centers for Disease Control spokesman commented then that the contaminants were “of concern, ” but pronounced there was no emergency response necessary. As a result, the chemicals continued to leach into the ground water for another 15 years before they were transported to the Superior Oak Ridge Landfill in late May and early June. Although the landfill now uses pumps and liners to prevent seepage, there is still a chance some of the remaining contaminants could potentially pollute water entering the Meramec River.

Of course, if the waste isn’t hazardous, as the EPA contends, there would be no reasonable cause to move it in the first place. On the other hand, if it does warrant disposal, there seems little logic in shipping it to a landfill in the same ecologically sensitive watershed.
Anne McCauley, the EPA on-site coordinator for the city park clean up says several factors weighed into the decision to send the waste to Superior Oak Ridge. “One was the location relative to the site we were cleaning up,” says McCauley. “It was very close to the city park site. The transportation route was very short in addition to the fact that the facility is permitted to accept this kind of waste.”

Not surprisingly Taylor of TBAG has a diametrically opposed view. “We believe this is more of a toxic-waste shell game than a clean up,” he says. “We feel there’s a lot of secrets. That this whole incineration project was about preserving secrets and protecting commercial interests more than protecting public health.”

One well-kept secret is contained in the files of the Collinsville office of the Illinois Environmental Protection Agency (IEPA). In late 1982, after the extent of Bliss’s toxic spraying binge became known, the IEPA asked its federal counterpart for information on sites in Illinois that Bliss may have contaminated a decade earlier.

In one document handed over by the EPA, there is a reference to the West County Landfill. At the time, there seemed to be some confusion by state officials as to whether the landfill was in Missouri or Illinois. The IEPA summary lists the source of the information as Stephen P. Krchma of the Missouri Attorney General’s office. Krchma had in turn based his report on an interview with David Covert, one of Bliss’s drivers. The summary citation reads:

Wastes were also reported by Covert to be hauled to the West County landfill in Sulphur Springs (IL or MO?) where the operators were paid off to accept the wastes.”
The reference to Sulphur Springs most likely denotes the St. Louis County road on which West County Landfill (now Superior Oak Ridge Landfill) is located.

On December 23, 1982, IEPA officials interviewed Covert themselves. During the interview, Covert talked about picking up ink from a company in St. Louis County. “It smells terrible and I don’t think it burns,” said Covert. “You just haul that stuff into the west county landfill and open the valve and let it run out.” Before they were banned, PCBs were used in the manufacture of ink.
The reason the EPA and DNR passed over the West County Landfill in their own search appear to be twofold. For one, another Bliss driver changed his story. According to the EPA’s dioxin site tracking list, Gary Lambarth “indicated he had oiled the road in the landfill around 1972.”

Lambarth made that statement in the spring of 1983. By fall, however, he reversed himself, claiming he had confused West County with another landfill. In addition, the EPA dioxin tracking list states that DNR was “deferring action until (the) relationship with ongoing litigation is determined.” As already mentioned, the state agency had attempted to close the landfill in 1983 because Becker had failed to adequately protect ground and surface water from pollution.
In a sense, the waste from the city park completes the contamination circle. Two Bliss drivers initially confessed to dumping waste at West County Landfill in the early 1970s. Only one is known to have retracted the admission. The state cited the landfill for water pollution violations in 1983, but has continued to allow the landfill to operate. Complaints by citizens have been dismissed by the County. Meanwhile, those involved in accepting contaminated waste from Times Beach refuse to comment, citing a confidentiality agreement with the EPA. The silence extends to the U.S. attorney’s office in St. Louis. “We don’t confirm or deny the possible existence of an investigation,” says Jan Diltz, a local Department of Justice (DOJ) spokeswoman. She declined to comment further on whether there is a current federal inquiry into activities at Time Beach.

In 1982, the DOJ — acting on behalf of the EPA and the White House — withheld documents from a congressional investigation, citing executive privilege. Among the documents the DOJ refused to hand over were handwritten notes of EPA attorney James Kohanek, pertaining toproposed activity on Missouri dioxin sites. In a published account, then- U.S. Rep. Elliott Levitas, D-Ga., who sat on House Public Works Committee, remembered exactly when the stonewalling began. “As far as I was concerned, it was just a routine exercise in oversight,” said Levitas of the congressional inquiry. “Right in the middle of it there was a decision made by the EPA … permitting sanitary landfills to be used to receive liquid waste. … Then boom — the door got shut.”

TOO LITTLE, TOO LATE

The EPA belatedly calls for a retest of stack emissions at the Times Beach incinerator

BY C.D. STELZER

first published in the Riverfront Times (St. Louis), Jan. 1, 1997

On Christmas Eve, Environmental Protection Agency (EPA) assistant administrator Elliott P. Laws ordered a retest of stack emissions at the Times Beach dioxin incinerator to determine whether the facility is operating safely. The test results are due by the end of January, according to an internal EPA memorandum released by the agency.

Robert Martin, the EPA national ombudsman, recommended the new test based on irrefutable documentary evidence showing samples from the original 1995 stack test were mishandled. The ombudsman — who represents citizens’ interests — began investigating the Superfund project last spring, after local residents complained of unsafe conditions at the cleanup near Eureka.

The Times Beach Action Group (TBAG) and other incinerator opponents later charged that a conflict of interest existed at the time of the original stack test because International Technology Inc. (IT), the incinerator operator, then owned half of Quanterra Environmental Services, the laboratory that mishandled the test samples.

In his final report on Dec. 21, Martin stated a new stack test and corresponding analysis would take under two week to complete. No shut down of the facility is anticipated, according to the report. The ombudsman estimated the test would cost approximately $100,000. The report recommends that the federal agency’s Environmental Response Team along with EPA Region VII, and the Missouri Department of Natural Resources (DNR) oversee the new test. The report further recommends that the St. Louis County Dioxin Monitoring Committee, a citizens watchdog group, select a technical advisor to independently access the new test. Last Friday, an EPA spokeswoman in Washington, D.C. said the agency was unprepared to release the names of possible laboratories that may analyze the new test samples.
Martin’s final report roundly criticized a separate DNR inquiry, which had concluded earlier this year that problems with the original test were insignificant.”The findings of the DNR investigation are troubling,” Martin wrote. “The explanations offered by ATI (Agribusiness Technologies Inc., the company responsible for the clean up) and thus far readily accepted by DNR and EPA are grossly inadequate. Clearly, there are significant problems with the original test.”

The ombudsman’s report repeatedly relies on the opinion of Michael Bollinger, who is cited as an expert in environmental chemistry and public health. Bollinger is quoted as saying that inconsistencies in the original test “indicate either incompetence, blatant carelessness, or potentially criminal deception on behalf of the sampling and analytical contractors.” The Martin report goes on to list a litany of snafus during the original stack test, including: “modified quality assurance records, missing time periods, unaccounted for sample traps, and a lack of documentation on possession and transfer of samples.”

None of the state or federal officials responsible for overseeing the Times Beach clean up were available for comment last week. But spokeswomen for the EPA and DNR vowed that both agencies would cooperate fully in carrying out whatever measures necessary to assure future protection of public health and the environment.

Those promises may be a little too late, however.

More than 177,480 tons of dioxin-contaminated waste have already been burned at the incinerator, according to the latest estimates by the DNR. Moreover, despite the order for a retest, plumes of smoke continue to roil from the incinerator stacks. During the week preceding the issuance of the ombudsman’s final report, the incinerator burned 6,351 tons of toxic materials. At this late stage, only five of the 27 Eastern Missouri dioxin sites remain to be cleaned up, and the EPA has projected the burn itself could be completed as soon as March.

Although the federal regulatory agency is ostensibly accepting the ombudsman’s recommendation for a retest, the rush to burn the remaining dioxin-tainted soil is obvious. As a result, two traffic accidents have occurred in the past month. In the first case, a truck hauling dioxin contaminated waste from Timberline Stable overturned on Highway J in Callaway County. On Dec. 21, another dump truck crashed on Rock Creek Road near Highway 21 in Jefferson County.

In his Christmas Eve edict, Laws, the assistant EPA administrator, recommended the new stack test be conducted in a manner that creates only “minimal interference with ongoing incinerator operations.” In addition, the EPA official stated the agency has “an obligation to ensure that a protective cleanup is conducted in an efficient and expeditious manner.” The assistant administrator defends this hellbent policy by citing available air monitoring data, which he claims proves the incinerator is operating safely.

Bill Elmore, a member of the St. Louis County Dioxin Monitoring Committee, isn’t buying the agency’s latest line. “What they’ve done is shift the burden of proof to residents,” says Elmore. “They should have to prove to us that this is not harmful — and they cannot do that. In fact, every time you take a close look at the data you find even more reason to not believe what they say.”

Although the EPA now claims there has been a 1.1 percent average decrease in airborne dioxin levels in the vicinity of the incinerator from March through November, the data actually show significant increases at three of seven air-monitoring sites. Elmore attributes the increases — including a whopping 22.5 percent jump at one location — to prevailing seasonal wind patterns. The EPA “should cross reference the direction of the wind where these increases in average airborne dioxin concentrations occurred,” asserts Elmore.

Laws doesn’t appear to have the time to authorize such prudent calculations. Instead, the assistant administrator busied himself last week accusing incinerator opponents of promulgating “irresponsible allegations of conspiracy and criminal activity.” Laws’ shrill denunciations of EPA critics were laid out in his Dec. 24 memo, which almost as an aside called for the retest of stack emissions. The three page screed also attacks ombudsman Martin for implying criminal misconduct may have occurred in relation to the Times Beach cleanup.

Steve Taylor of TBAG finds the official protestations mildly ironic, but he is more concerned about the possibility of history repeating itself. “For the EPA and the DNR to handle a retest without an investigation into those who allowed contractor (wrongdoing) to occur in the first place is like allowing a convicted child molester to do community service in a daycare center,” says Taylor. “It is irresponsible of Elliott Laws to refer to our allegations of wrongdoing as unfounded. There is no validity to the stack test. The incinerator should be immediately shut down given the fact there is no evidence that it is operating appropriately. They (the EPA and DNR) have violated the law. They have permitted an incinerator (to operate) with no evidence of it meeting its permit requirements. We will not be satisfied with a new stack test until the DNR and EPA are investigated by an independent arm of the government, possibly the Department of Justice or the FBI or a congressional subcommittee to determine why contract (improprieties) are being embraced by these agencies.”

TALENT TO BURN

U.S. Rep. Jim Talent requests a shutdown of the Times Beach of the Times Beach dioxin incinerator

BY C.D. STELZER

first published by the Riverfront Times (St. Louis),Oct. 2, 1996

Last Thursday, U.S. Rep. Jim Talent (R-2nd Dist.) requested an immediate shut down of the Times Beach dioxin incinerator pending an investigation into the mishandling of stack emissions samples at the controversial Superfund cleanup.

The congressman made the request in a letter to Elliot Laws, assistant administrator of the Environmental Protection Agency (EPA) in Washington, D.C. The letter also asked the agency to re-conduct the trial burn at the incinerator near Eureka to assure it is operating safely.

Talent, who is running for re-election against former Democratic Congresswoman Joan Kelly Horn, has long voiced opposition to the dioxin incinerator. His intermittent efforts to halt the project, however, have failed to bring about any change in plans. Talent’s latest attempt to put out the fire follows a copyrighted story in the Riverfront Times (“Twice Burned,”Aug. 28).

The RFT story revealed that International Technologies (IT), the incinerator operator, partially owns Quanterra Environmental Services, the laboratory that handled emissions samples from critical stack tests conducted at the incinerator in November 1995. After Quanterra received the samples, it took seven to eight days for them to reach Triangle Laboratories in North Carolina, according to EPA documents. Environmentalists suspect that improper handling of the samples during that time may have invalidated the test results. The Missouri Department of Natural Resources (DNR) issued the requisite operating permit based in part on the results of the laboratory analysis.

Although Talent referred indirectly to the RFT’s continuing investigation of the Times Beach project in his letter to the EPA, the congressman refused to be interviewed for this story. Talent’s reticence is not unique. Calls placed to the DNR last week also went unreturned. The EPA has had little to say either.

After the RFT filed a Freedom of Information Act (FOI) request to obtain information on Quanterra’s involvement in the project, the agency’s regional headquarters in Kansas City claimed no such records existed and denied any association with the laboratory. “Please be advised that EPA has no documents responsive to this request. Quanterra has no official relationship with EPA regarding the Eastern Missouri Dioxin Sites Cleanup, including Times Beach,” an EPA offcial stated.

The denial contradicts a clause in the 1990 consent decree signed jointly by representatives of the EPA, DNR and Syntex, the corporation liable for the cleanup. The consent decree states: “…Settling Defendants shall notify EPA and the State, in writing, of the name, title, and qulaifications of any supervising contractor, and the names of principal contractors and/or subcontractors proposed to be used in carrying out the Work. Selection of any such contractor shall be subject to approval by EPA, after consultation with the State, which shall not be unreasonably withheld. EPA shall notify the Settling Defendants in writing of its approval or disapproval within 14 calendar days of receipt of the notice.”

RALLYING CRY

Citizens join together to protest the Times Beach incinerator

BY C.D. STELZER

first published in the Riverfront Times (St. Louis), Aug. 2, 1995

For George and Ida Klein, last Thursday afternoon was no picnic. The temperature that day reached a high of 94 degrees, and it felt much hotter standing in the middle of Lewis Road in West St. Louis County. The Kleins – who lived in Times Beach for 43 years — joined about 100 other people outside the Environmental Protection Agency’s project office to protest the construction of the Times Beach dioxin incinerator.

The rally had been organized by the Times Beach Action Group (TBAG). Members of other environmental groups such as the Gateway Green Alliance, Student Environmental Action Coalition, Greenpeace and the Sierra Club also took part. Fifteen of the more militant protesters were arrested for trespassing, after they crossed behind a gate that blocks access to the old Meramec River bridge, leading to the incinerator site.

St. Louis County police officers escorted or carried those arrested to an awaiting police van, as the crowd continued to chant slogans, unfurl banners and wave placards. About half of those attending the rally were local residents from the nearby towns of Eureka and Crescent.

Kool-Aid provided by Syntex, the company liable for the Superfund clean up, did little to cool Ida Klein’s attitude toward the plan to burn 100,000 cubic yards of dioxin-contaminated waste at the site of her former hometown. “I think it’s terrible. I think they ought to not do it,” says the 71-year-old Klein. “There are going to be so many people sick from it. We’ve got three in our family who got cancer. My daughter had to have a hysterectomy at 30. Two years ago she had to have a breast removed with cancer and have six months of chemo(-therapy),” she says. In addition, Klein says her 81-year-old husband had to have 14-inches of his colon removed, when he was 62-years-old. At the time, the family still lived in Times Beach, she says. More recently, the couple’s youngest daughter discovered at age 33 that she had cancer of the cervix,” Klein says.

It is those kinds of concerns that prompted Mary Derrick of Crescent to attend the rally. “Those people who got arrested, in my mind, they’re heroes,” says Derrick. Derrick was holding one corner of a banner inscribed with a verse from the Bible: “Therefore to him that knoweth to do good, and doeth it not, to him it is sin.”
Before the rally, TBAG members and their allies rendezvoused at an old farmstead in West County. Their preparations included dividing up the placards, banners, moon suits, bio-hazardous waste bags and smoke bombs, which would soon become part of the media event. Outside the 19th-century caretaker’s house, with its massive stone foundation, a portable radio was propped up on the hood of an old Plymouth Horizon. At noon, the voice of KMOX radio reporter Margie Manning could be heard announcing details of the protest, including a sound bite from TBAG organizer Steve Taylor. Then someone shut the radio off, and 20 people quietly held hands in a circle. Some of the veteran activists gave encouragement and advise to the others. Many in the circle would soon be arrested, manacled and held in an unventilated police van.

After the arrests, Rick LaMonica, a member of the Gateway Greens offered his view of the situation. “There are a lot of people who lived in Times Beach for 10 or 15 years who were getting a perpetual run-around from the EPA, DNR (Missouri Department of Natural Resources) and the state department of health. They just know that they’re constantly lied to, and one of the biggest lies is that this is a solution to the problem,” says LaMonica. “Incineration doesn’t so much destroy the waste as disperse the waste,” LaMonica says.

Burning organo-chlorines such as dioxin actually reforms other dioxins, and allows heavy metals to escape through the incinerator’s stack, LaMonica says. “Anytime you have compounds that have chlorine, you are going to be forming dioxins from burning. … EPA knows that. Their own reassessment shows that it’s more hazardous than they have been admitting.

“In the mid-80s, they knew that incineration was not a good technology. Our problem is that they don’t really want to consider any alternatives. There are better ways to clean up Superfund sites, but the EPA doesn’t want to consider them unless they’re forced. … It has nothing to do with science. The science says they’re wrong. The science and medical data have been telling that for decades.They just seem more interested in pushing contract deals with engineering companies that design and build incinerators then really trying to clean up Superfund (sites).”