republic services

When Security Itself Becomes a Threat

Republic Services, owner of the radioactively-contaminated West Lake landfill,  employs a security guard service with historical ties to the CIA, DOE and State Department.  

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The motto emblazoned on its vehicles is “Securing Your World.”  But G4 Security Solutions’ job in Bridgeton, Mo. is a tad more parochial: It guards Republic Services’ polluted property.  The gig sounds like little more than a standard rent-a-cop deal. But there are reasons to suspect otherwise.

As the underground fire continues to burn unimpeded towards the radioactive waste at West Lake, things have heated up on the surface as well.

Vigilance became a corporate imperative following protests staged by the Earth Defense Coalition on March 31. In the wake of that demonstration, Republic, the owner of the radioactively-contaminated West Lake Landfill, pledged to prevent future disruptions of its business from occurring, and G4S Security Solutions is responsible for keeping that promise.

The protest shutdown Republic’s trash sorting operations at the location for 12 hours, after environmental activists blocked the entrance of the troubled landfill, demanding the EPA relinquish control of the site and handover the clean up duties to the U.S. Army Corps of Engineers.

The security company finds itself in the middle of a battle between private interests and public health. Despite its central role in the controversy,  G4S’s presence has garnered little attention until now.

Patrolling the perimeter of the West Lake Superfund site is the most obvious part of G4S’s job description.  Whether the security company has additional duties related to protecting Republic Services’ interests is unclear. But if the history of the security company’s operations are any indication, G4S’s role at West Lake may involve more than just manning the guardhouse at the front entrance.

That’s because the British corporation inherited the cloak and dagger reputation of Wackenhut Security, after merging with the notorious American espionage firm in the early 2000s.  The cost of that buyout was pegged at $500 million.

Besides offering guard services, Wackenhut specialized in intelligence gathering, and keeping tabs on millions of American citizens suspected of being left-wing subversives or communist sympathizers.

George Wackenhut, a former FBI agent, founded the company in the 1950s during the McCarthy era.  In the intervening years, Wackenhut Security grew in size and influence, scoring hundreds of millions of dollars in government contracts from federal agencies, including the Department of Energy and U.S. State Department. By the early 1990s, Wackenhut Security was known as the “shadow CIA,” because of the clandestine services it offered to the intelligence community both at home and abroad.

G4S, Wackenhut’s successor, was founded in 2004, when the British multinational security company Securicor merged with a Danish counterpart, Group 4 Falck.

Today, G4S Security Solutions is inextricably tethered to Wackenhut’s tainted legacy. Its British parent company boasts more than 60,000 employees in 125 nations, and is reputedly among the largest employers in Europe and Africa.  Closer to home, its American operation has the dubious distinction of being the employer of Omar Mateen, the mass murderer who killed 49 people and wounded 53 others at an Orlando nightclub last year.

Not surprisingly, G4S Security Solutions denies any culpability for that horrid act.  The Jupiter, Florida-based company, after all, can attribute the mass shooting by its longtime employee as being a random act of violence. It’s not quite as easy to deny the nefarious legacy of Wackenhut Security, however.

G4S now owns it.

By the mid-1960s, Wackenhut was known to be keeping dossiers on more than four million Americans, having acquired the files of a former staffer of the House Committee on Un-American activities. In response to congressional reforms in the post-Watergate era, Wackenhut donated its cache of blacklisted individuals to the virulent anti-communist Church League of America in Wheaton, Illinois, but didn’t give up access to the information. The league cooperated closely with the so-called “red squads” of big city police departments from coast to coast  that spied on suspected communist agitators.

By the early 1990s, Wackenhut was the largest provider of security services to U.S. embassies around the world, including U.S. State Department missions in Chile, Greece and El Salvador, where the CIA was known to have colluded with right-wing death squads.

Wackenhut also guarded nuclear sites in Hanford, Wash. and Savannah River, S.C.  and the Nevada nuclear test site for the Department Energy and its predecessor, the Atomic Energy Commission.

As the company gained more power, it recruited an influential board of directors that included former FBI director Clarence Kelley and Defense Secretary and CIA deputy director Frank Carlucci. William Casey, President Ronald Reagan’s CIA director, served as Wackenhut’s lawyer before joining the Reagan administration.

There is also evidence during the Iran-Contra era of the 1980s that Wackenhut worked for the CIA to supply the regime of Iraqi dictator Saddam Hussein with dual-use technology that could be utilized to make chemical and nuclear weapons.

It could be argued that G4S Security Solutions’ current services at West Lake are unrelated to its predecessor’s tainted past. But many of the residents of St. Louis whose lives have been impacted by Republic Services’ radioactively-contaminated landfill would likely not agree that history is inconsequential.

They already know better.

 

 

A Secret Biological Intelligence Program

In 2007, the same congressional committee that years later refused to transfer authority for the clean up of West Lake Landfill to the U.S. Army Corps of Engineers, investigated the awarding of a Homeland Security bio-surveillance contract to SAIC, the giant defense contractor.

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Leidos offices in St. Louis at 2327 South Grand Blvd.

 During President George W. Bush’s administration, the House Committee on Energy and Commerce announced an inquiry into the National Bio-surveillance Integration System, an intelligence gathering operation of the U.S. Department of Homeland Security administered by the Science Applications International Corp. (SAIC).

The House committee was then apparently interested in whether the bidding process was rigged.

In 2013, SAIC spun off a large portion of its classified government work by forming another company, Leidos. Both SAIC and Leidos have received  multi-million-dollar contracts to do clean up work  for the  U.S. Army Corps of Engineers Formerly Utilized Site Remediation Program (FUSRAP) in St. Louis, including the continuing cleanup of Coldwater Creek in North St. Louis County.

In addition to its environmental engineering component, Leidos is the largest private cyber espionage outfit in the nation with estimated government contracts worth $60 billion. The company employs 80 percent of the private-sector work force engaged in contract work for U.S. spy and surveillance agencies, including Homeland Security, the CIA and NSA.

Leidos also has a contract with the Missouri Department of Natural Resources through its  federal facilities management division.

The earlier creation of the National Bio-surveillance Integration by Homeland Security through its contract with SAIC has received little subsequent attention. The program was authorized by President George W. Bush under Presidential Directive 10. Its stated mission was “to provide early detection and situational awareness of biological events of potential national consequence by acquiring, integrating, analyzing, and disseminating existing human, animal, plant, and environmental bio-surveillance system data into a common operating picture,” according to the Department of Homeland Security.

The Department of Homeland Security further describes the classified program as follows: “The National Biosurveillance Integration Center (NBIC) integrates, analyzes, and distributes key information about health and disease events to help ensure the nation’s responses are well-informed, save lives, and minimize economic impact.” 

Spurred by the outcries of concerned residents about potential health problems associated with chronic exposure to radioactive waste, the St. Louis County Health Department in conjunction with the federal Agency for Toxic Substances and Disease Registry have taken an active interest in the radioactive waste issue in the St. Louis region.  Whether Homeland’s Bio-Surveillance operation is monitoring conditions in St. Louis independently or with the cooperation of these other government agencies remains unknown.

Other community activists have long advocated taking away the control of the West Lake Landfill Superfund site in Bridgeton, Mo.  from the EPA and putting it under the control of the Corps of Engineers FUSRAP program, which has authority over the other St. Louis area radioactive sites.  But despite bi-partisan support of the St. Louis area congressional delegation, a bill slotted to shift control died in the House Committee on Energy and Commerce last year.

The West Lake Landfill Superfund site is owned by Republic Services Inc., the second-largest waste disposal company in the U.S. The company’s chief spokesman is Russ Knocke, a former top spokesman for the Department of Homeland Security.

The presence of a top-secret operation inside an AT&T building near West Lake Landfill in Bridgeton adds another murky hue to an already cloudy picture. The facility is presumed to be controlled by the National Security Agency but may house some other unknown government covert operation.

 

 

The Cayman Connection

Republic Services claims no environmental woes to snare a billion-dollar-plus loan with the help of its offshore insurer. 

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Republic Services, owner of the radioactively-contaminated West Lake Landfill in St. Louis County, scored a $1.2 billion loan from a consortium of the world’s largest banks in 2014 by assuring its lenders that the company had no environmental problems that would effect its bottom line, StlReporter has learned.

Under the terms of the agreement signed on June 30, 2014, Republic claims that “existing environmental laws and existing environmental claims” could not reasonably be expected to a have a  “material adverse effect” on the company’s operations.  “Material adverse effect” is defined in the agreement as being a change that would negatively impact “operations, business, properties, assets or conditions, financial or otherwise, of the borrower and its subsidiaries taken as a whole.”

“No Problemo”

The assurances that the company has no notable environmental headaches came despite public controversy surrounding the environmental and health hazards posed by the company’s West Lake property, an EPA Superfund site, and corresponding calls for the buyout of nearby homeowners.

To qualify for the 2014 loan, the banks required Republic to assume liability for potential environmental issues and indemnify them against claims. Republic complied to the terms by designating an offshore subsidiary — the Bom Ambiente Insurance Co. of the Cayman Islands — as the company’s insurer. Unlike most of its other subsidiaries Bom Ambiente is exempted from the terms of the loan agreement.

Aon Insurance Management, a leading captive and reinsurance company, represents Bom Ambiente Insurance through its offices in the Cayman Islands, which are located in the same posh office building as a major offshore law firm.

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Spokespersons for Republic and Aon declined to comment.

So-called “captive insurance” companies are set up by their parent corporations as a means of providing affordable risk management services based on the concept of self insurance. Many risk-prone businesses locate their in-house insurance operations in the Cayman Islands to take advantage of favorable governmental regulations and the absence of income and capital gains taxes.

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Republic Services,  one of three parties liable for the EPA-mandated cleanup, opposes removing the West Lake waste. Instead, the company favors the terms of the original 2008 record of decision calling for capping the materials in place. That proposal is being reconsidered due to public opposition.  The cost of removal is estimated at $400 million or ten times the original plan.  But there seems to be more riding on the final decision than the cost of the clean up.

The future of the company may be at stake.

The banks that signed off on the five-year loan are among the most prominent financial institutions in the world. They include: Bank of America, JPMorgan Chase, Wells Fargo, Barclays, BNP Paribas, Union Bank and SunTrust. Bank of the America, the lead lender, has committed $87 million.

The loan agreement spells out how Republic can borrow the money over the course of the agreement through regular loans, advances on credit, or so-called, short-term “swing-line” loans. The agreement does not stipulate the purposes for which the Republic uses the borrowed money. But Bridgeton Landfill and Rock Road Industries, two Republic Services-owned companies connected to the troubled West Lake property, are among the hundreds of Republic subsidiaries that are a party to the loan agreement.

In Schedule 5.12 of the loan agreement, Republic says it has no issues to report related to environmental matters. But the company’s February 2016 Security and Exchange Commission 10-K report discloses that for 2014 Republic accrued more than $227 million in costs coping with environmental matters at its troubled West Lake property.

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In short, the company readily acknowledged the high cost of addressing environmental matters at West Lake to the SEC earlier this year, but denied any problems would have a “material adverse effect” in paying back its debt in the 2014 loan agreement. To do otherwise would be a breach of the loan agreement and could be considered a default.

A Slow-Motion Train Wreck

Republic Services acquired the environmentally-troubled Bridgeton and West Lake Landfills in 2008 when it merged with Allied Waste Services. The impacted landfills are now closed, but Republic continues to operate a transfer station at the same location, which has been an EPA Superfund site since 1990.

The history of radioactive contamination at West Lake dates back to 1973, when the waste was illegally dumped. Federal, state and local regulatory authorities have been aware of the problem for more than 40 years, but failed to act.

The inaction made matters worse.

In December 2010, Republic told the Missouri Department of Natural Resources that an underground fire was burning at the Bridgeton Landfill, which is directly next to the West Lake Landfill and part of the same Superfund site. The stench from the fire raised dormant public concerns.

By February 2013, MDNR had cited Republic for noxious odors. The next month the Missouri Attorney General sued the company for violations of state environmental laws. That case is still pending. A negotiated agreement between the state and Republic Services to build a barrier to stop the fire from advancing closer to the radioactive waste is also stalled, as is federal legislation that would hand the cleanup over to the U.S. Army Corps of Engineers.

During these delays, the fire has moved closer to the radioactive material.

Meantime, the MDNR and the EPA have confirmed that radioactive materials are known to have migrated off site, further contaminating air, soil and water. Private lawsuits have also been filed against the company.

To those unfamiliar with the world of high finance, the reporting discrepancies and ongoing issues at West Lake would seem enough to raise eyebrows among Republic’s individual and institutional investors, including  firms tied to billionaires Bill Gates and Warren Buffett.

But that hasn’t happened.

Apparently, Republic’s word is its bond among stock market traders. From a business perspective, environmental stewardship and standard accounting practices are based on the letter of the law. West Lake be damned. After all, the five-year, $1.2 billion loan is a fraction of  Republic’s long-term debt, which stands at $7.5 billion and counting.

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The Bermuda Triangle

The Pattonville Fire Protection District, which is responsible for protecting such diverse properties as the St. Louis  Ram's practice field and the Republic Services nuclear waste dump, is insured by Arch Insurance Co. based in Bermuda.

The Pattonville Fire Protection District, which is responsible for protecting such diverse properties as the St. Louis Rams’ practice field and Republic Services’ nuclear waste dump, is insured by Arch Insurance Co. based in Bermuda.

At first glance, the Arch Insurance Co. looks like a local firm. After all, it indemnifies the Pattonville Fire Protection District in North St. Louis County and it shares the name with the world’s tallest roadside attraction.

But the name of the company is misleading. It’s not based in St. Louis. It’s not even headquartered in the United States.  Instead, it’s located 1,500 miles away in middle of the Atlantic Ocean on the island of Bermuda, a British territory famous for short trousers and skirting taxes.

Arch Insurance is a subsidiary of Arch Capital Group, a multi-billion-dollar financial services firm. Arch Capital, in turn, is joined at the hip with Watford Re Ltd, which also uses the island as a tax haven.  Watford’s investments are managed by High Bridge Principle Strategies, which is wholly-owned subsidiary of J.P. Morgan Chase, the global investment giant.

High Bridge was set up in last year following the 2013 crash of J.P. Morgan’s value. The nosedive occurred after the bank’s London branch lost $22 billion.

The influence of such a global powerhouse on a local community and its politics is never directly seen, of course.

It’s not even acknowledged.

You’ve Got Trash

A millionaire landlord from Ladue ditches the city’s refuse service in favor of Republic Services. There’s only one problem: the private company isn’t picking up the trash. 

first published in the Journal of Decomposition, Aug. 20, 2012

“They need to get them cans out of the alley,” said the city worker, who sat behind the wheel of the big orange trash truck. The “cans” to which he referred are the blue dumpsters that now compete not only for space but also business with the St. Louis Refuse Division.

Two years ago, the city began charging property owners for trash pick up. The fee is $11 a month per unit. That amounts to $462 a year in additional expenses for the owners of four-family apartments. Under the ordinance, property owners can cancel the service if they show proof that they are having a private company haul the trash instead of using the city service.

After permitting private trash pick up, the law stipulates that the city will “inspect the property thereafter to confirm that the waste in fact is being collected.” But that’s not what’s happening in the 6300 block of Sutherland Avenue in the St. Louis Hills neighborhood, where trash has been accumulating for months. Plastic bags of rotting garbage have been festering all summer. The trash is now overflowing and spilling into the alley.

When contacted on Wednesday,  Aug. 15, 16th-Ward Alderwoman Donna Baringer advised Chris Howard,  the city’s neighborhood stabilization officer, to contact Allied Waste about emptying the neglected dumpsters. Allied Waste is owned by Republic Services.

In response to a constituent’s email, Howard promised to act swiftly. “This appears to be a serious problem  and I will do my best to rectify this asap,” wrote Howard.

Since the issue was brought to the attention of Baringer and Howard, the city refuse division has emptied its dumpsters twice, according to its regular schedule. But the Allied dumpsters remain full. The continued neglect of Allied Waste to collect the trash is attracting rodents and creating a public health problem in the immediate vicinity of the dumpsters.

Spokespersons for the mayor’s office and the Street Department could not be reached for comment. Allied Waste also could not be reached for comment. The introduction of competing privatized trash services without sufficient oversight or regulation has thrown a monkey wrench into the city’s otherwise efficient trash disposal service.

The overloaded dumpsters are located behind 6325-6327 Sutherland Avenue. That building is owned by a trust in the name of G. David Voges. Voges, 64,  is the heir to a St. Louis real estate fortune. He lives at 20 Log Cabin Lane in Ladue. Voges has participated in the past in a real estate awards program sponsored with the Regional Commerce and Growth Association. The program was implemented to spur positive publicity for the St. Louis real estate market. Voges’ late father, George F. Voges, was a longtime member of the Missouri Athletic Club, the exclusive businessmen’s organization.

No one answered the phone at Voges’ Ladue residence when an effort was made to contact him.

In 1998, the city cited a rental property owned by Voges because one of his tenants was living with 56 cats. The stench from the cat feces prompted neighbors to alert the city to the problem. Voges was quoted in the St. Louis Post-Dispatch as saying that the renter was a good tenant.

Voges also owns an a four-unit apartment at 6445 Nottingham Avenue, a few blocks from his building on Sutherland. Allied Waste has a dumpster at that location, too.  The alley is shared with single-family homeowners on adjacent Murdoch Avenue, including Ald. Barginer. Unlike the mess over on Sutherland, however, Allied Waste appears to pick up the trash regularly at the Nottingham address.

Back in the alley on Sutherland, the city trash man used the controls inside the truck to grab a city recycling bin, hoist it in the air and dump it into the back of the trash truck. He then vowed to tell his supervisor about Allied Waste’s neglected dumpsters. But he expressed little confidence that the issue would be resolved in a timely manner.

“The city isn’t going to do anything,” he said. Then he drove slowly away.

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

Who Says There’s No Such Thing as a Free Lunch?

Aerial view of West Lake and Bridgeton Landfills. Photo © Stella Maris Productions

Aerial view of West Lake and Bridgeton Landfills. Photo © Stella Maris Productions

A former DNR official has lost his appetite for politics as usual in Missouri.

Between 2012 and January 2014, Dan Norris put up with the stench from the Bridgeton Landfill. It was part of his job. The then-environmental specialist for the Missouri Department of Natural Resources was living out of a suitcase at a hotel near Interstate 270 and St. Charles Rock Road much of that time, while directing air monitoring efforts for the state at the troubled Bridgeton Landfill.

The experience allowed him to understand the conditions that many people in North St. Louis County have endured for years. Since 2010, an underground fire has been burning at the landfill, which is directly next to the radioactively contaminated West Lake Landfill. During his tenure, Norris also gained insight into why the landfill continues to smolder. At the top of his list is politics, and the inability of the DNR to resist the influence of special interests.

After submitting his resignation, Norris released a letter on January 10 condemning his former agency for its “cozy” relationship with Republic Services, the owner of the landfill.
“For a while in 2012-2013, the landfill owner(s) referred to themselves and DNR staff involved with the landfill as “Team Bridgeton,” wrote Norris.

lunch-menu

The overall camaraderie is evident in emails obtained by StlReporter. Government regulators and company officials refer to each other by their first names in the messages, and permits were issued in a cavalier manner. The atmosphere went beyond mere cooperative collegiality. In advance of a meeting with landfill owners in December 2012,  DNR official Brenda Ardrey, acting as a virtual waitress, emailed various public officials a Jimmy John’s sandwich shop menu and asked for their orders. “Republic Services has agreed to pick up the tab for lunch,” she wrote. It’s unclear whether Ardrey received any tips, but the state does pay her more $53,000 a year, according to the Missouri Blue Book.

Norris’ relationship, however, appears to have been less hospitality oriented. His signature appears on a July 23, 2012 notice that cited Republic with seven violations, including burning waste in a manner that is detrimental to the health and safety or employees and others.

Notice of Violation, July 23, 2012

Notice of Violation, July 23, 2012

Since then matters have only gotten worse. After radioactive material was found to be near the path of a proposed barrier to stop the subsurface fire from advancing, Republic put the skids on the project, and DNR has done nothing to speed up the process.

“The area involved in the smoldering has increased in size since the start of the event, there is still no solid isolation plan, groundwater continues to be contaminated, and soil gas migration continues to pose a potential risk to nearby structures,” wrote Norris.

Attempts to reach Norris by phone and email failed. Arbrey referred a request for information to the department’s public affairs officer, who was said to be in a meeting and unavailable for comment.  For its part, Republic Services has made numerous public pronouncements that there are no safety problems with the landfill.

Meanwhile, the fire burns on.  — C.D. Stelzer

Update: for a response from former DNR Environmental Specialist Dan Norris, click here.