Sunday, January 08, 2006

Documents cloud Advantage Waste issue

In a post earlier today, it was noted that Advantage Waste, the company that is wanting to buy and operate the Southwest Regional Landfill in the Purcell area of Jasper County apparently did not exist prior to the federal court order that Allied Waste divest itself of the Southwest Regional Landfill as part of the antitrust settlement that allowed it to buy Browning-Ferris Industries (BFI).
Documents uncovered by The Turner Report indicate that Craig H. Post, owner of Advantage Waste, worked for Allied Waste after the court order, and that Advantage Waste and CHP Environmental were only registered with the Missouri secretary of state's office shortly after the court-ordered settlement was finalized.
The settlement ordered Allied to divest itself of "Tate's Transfer station, located at Route 2, Box 69, Verona," including "relevant hauling assets," including "all tangible assets, including capital equipment, trucks, and other vehicles, containers, interests, permits, supplies, real property and improvements to real property, and it includes all intangible assets, including hauling-related customer lists, contracts, leasehold interests, and accounts."
Another portion of the settlement requires Allied to get rid of its commercial routes serving the city of Springfield and Greene and Christian counties, including "the collection of waste from customers and the shipment of the collected waste to disposal sites," plus "municipal solid waste," and "the business of disposing waste into approved disposal sites."
The disposal agreement signed between American Disposal Services of Kansas and BFI, both subsidiaries of Allied, and Craig H. Post, Advantage Waste owner, says "Tate's Transfer Systems, Inc., an affiliate of Allied, and CHP are parties to that certain Asset Purchase Agreement dated June 9, 2000, which provides for the purchase by CHP of certain assets and hauling routes in and around Springfield, Missouri, owned by Allied."
However, a financial statement filed June 19, 2001, with Missouri Secretary of State Matt Blunt shows Tate's Transfer System and Craig H. Post taking out a loan with Case Credit Corporation of Racine, Wis., signed by Post, with the address for both Post and the business listed as 1688 Farm Road 65, Springfield, MO.
Documents on file with the Missouri Department of Natural Resources list Post's company, CHP Environmental, Inc., "formerly known as Tate's Transfer."
If Tate's Transfer and CHP Environmental are the same, which would seem to be the indication given by the documents at the secretary of state and MDNR offices, then the company appears to be still connected with Allied Waste.
On June 29, 2005, Allied filed a list of its subsidiaries with the federal Securities and Exchange Commission. The list included both Tate's Transfer and the Southwest Regional Landfill.
As mentioned in the earlier post, the wording of the contract between Advantage Waste/CHP and Allied seemed to hinge on the opening of the Southwest Regional Landfill and that the lawsuit was put on hold at about the same time that Post started his efforts to buy the landfill.

1 comment:

CuriousGeorge said...

Randy, you are to be commended on this thorough, thought provoking and informative post. Since 9/11 we have learned that "connecting the dots" is a lot more important than merely looking at them. This post is an excellent example of why we need to connect the dots in this local environmental battlefield. Thanks you Randy for your good work!