Can You See Though a Landfill?
The Joplin Globe, Sunday, February 5, 2006, in a Front Page story titled, Foes of Landfill Plan for Battle, and The Turner Report, Sunday, January 8, 2006, articles titled, Timing of Jasper County Landfill is Suspicious and Documents Cloud Advantage Waste Issue, describe a situation that is at best, suspicious, and at worst, fraudulent. Here are the facts, according to the three articles:
(1) Craig H. Post said that he and his father Neil Post (Cornelius H. Post) formed Advantage Waste Service to buy properties that were being divested from Allied and BFI.
(2) The U.S. District Court for the District of Columbia, in their July 20, 1999 Court Order required Allied Waste Industries, Inc. to divest itself of certain properties and businesses, including its option on the Southwest Regional Landfill (aka Purcell Landfill), as part of its purchase of Browning Ferris Industries (BFI). That order was to prevent Allied Waste Industries, Inc. from establishing a waste disposal monopoly. The final modification to the Divestiture Agreement was dated August 9, 2000. Two days later Advantage Waste Service and C.H.P. Investments, Inc. were created.
(3) On August 11, 2000 Craig H. Post registered a new company, Advantage Waste Services with the Missouri Secretary of State.
(4) On August 11, 2000, Neil Post (Cornelius H. Post) registered a new company, C.H. P. Investments, Inc. with the Missouri Secretary of State.
(5) The original July 20, 1999 Court's disposal order included the following:
* Allied's option to purchase the proposed Southwest Regional Landfill
* Allied's Tate Transfer Station, located at Route 2, Box 69, Verona, MO. 65769
* Allied's commercial routes that serve the City of Springfield, and Green and Christian Counties.
(6) The Turner Report reported that Craig H. Post, owner of Advantage Waste, actually worked for Allied Waste after the court order, and that Advantage Waste and C.H.P. Environmental were registered with the Missouri Secretary of State, only after the Court Ordered settlement was finalized.
(7) On June 19, 2001, a financing statement, in the name of Tate's Transfer System and Craig H. Post, was filed with the Missouri Secretary of State, listing the address for both parties as 1688 Farm Road 65, Springfield, MO.
(8) Another document on file with the Missouri Department of Natural Resources lists Post's company, C.H.P. Environmental Inc, as "formerly known as Tate's Transfer."
(9) If C.H.P. Environmental Inc. and Tate's Transfer Systems, Inc. are the same entity, then it appears that C.H.P. Environmental Inc., Tate's Transfer Systems, Inc. and Allied Waste Industries, Inc. have been, and continue to be affiliated, in violation of the U.S. District Court for the District of Columbia Divestiture Order.
(10) On June 9, 2000, American Disposal and C.H.P. Investments entered into an agreement that "shall commence as of the effective date of three months following the date the Southwest Regional Landfill, located at Missouri State Highway M, Township 30 North, Range 32 West, Section 34, in Jasper County, Missouri, is opened. If the Southwest Regional Landfill is not opened by the fourth anniversary of the effective date, C.H.P. shall have the option to extend this agreement for up to six additional one-year terms for a total term of 10 years if all options are exercised, provided however, any then current renewal term and all subsequent options shall terminate three months after opening of the Southwest Regional Landfill."
(11) The contract was entered into on September 29, 2000, according to court documents. The four years ended on September 29, 2004, and a lawsuit was filed about eight months later.
(12) Advantage Waste Service, C.H.P. Investments Inc. and C.H.P. Environmental Inc., all owned by Craig and Neil Post, were named in a lawsuit by American Disposal Services of the Ozarks and BFI Waste Systems of North America, filed June 1, 2005, US District Court for the Western District of Missouri.
(13) BFI Waste Systems of North America alleges that Advantage Waste Systems violated its contract with American Disposal Services of the Ozarks and BFI Waste Systems of North America by failing to pay more than $460,000 in fees for dumping waste at landfills and transfer stations owned by them.
(14) The lawsuit was originally scheduled for trial on August 28, 2006.
(15) On December 22, 2005, the plaintiffs (BFI Waste Systems of North America and American Disposal Services of the Ozarks) filed a motion asking for a delay in the case, noting that a settlement efforts were underway between the two sides. Among reasons for the settlement, it notes that American and C.H.P. Investments on or about November 30, 2004, were among parties entering into an agreement "regarding certain transactions between parties" with a contemplated closing date of December 30, 2005.
(16) December 21, 2005, Craig H. Post filed registration papers for Advantage Waste Service, Inc. a company wholly owned by A.W.S. Holdings, Springfield, indicating that Craig post was President.
(17) December 22, 2005, a new company, Advantage Waste LLC was registered with the Missouri Secretary of State.
(18) Court documents indicate that Craig Post and his companies entered into the contract with American Disposal Services of the Ozarks and BFI Waste Systems of North America on September 29, 2000. "In exchange for the payments to plaintiffs, C.H.P. Investments and its affiliates were able to dispose of up to 700 tons per day of certain waste at plaintiff's landfills and transfer stations."
(19) The motion further stated, "The agreement provides that the debt, which is at issue in this case will be paid by mid-February 2006". Should the parties consummate this term of the agreement, plaintiffs will then file a motion to dismiss the case."
(20) The Court on January 10, 2006 agreed, and ordered that all deadlines in the case be stayed, pending settlement efforts through the end of February.
(21) Craig Post said that the landfill purchase and the lawsuit are unrelated. "It is a separate issue with disposal at Allied facilities which stems back to 2000."
What do you think? Can you see through this landfill deal?