Document 0g7mL4kVLNJgXVEZgeaY2vm9b
STATE OF ALABAMA IN THE CIRCUIT COURT OF CALHOUN COUNTY
MAki HILL MlbSiONAKX BAPTIST CHURCH, et al.,
versus
Plaintiffs,
CIVIL ACTION NUMBER CV-96-243
MONSANTO COMPANY, et al.,
Defendants.
/
DEPOSITION OF WILLIAM B. PAPAGEORGE, P.g. The deposition of WILLIAM B-
PAPAGEORGE, P.E., was taken before Deborah Salers Garrett, Certified Shorthand Reporter, Registered Professional Reporter, ae Coniziissioner, commencing at 1:20 p.m. on March 31, 1998, by the Plaintiffs, at the law offices of Lightfoot, Franklin A White, 300 Financial Center, 505 North 20th Street, Birmingham, Alabama, pursuant to the stipulations Bet forth herein.
Regional Reporting Service, Inc. 755 Walnut Street
Gadsden, Alabama 35901-0755
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EXHIBITS
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3 Offered
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2 1 APPEARANCES
2 For the Plaintiffs:
3 CHARLES CUNNINGHAM, Esq. Morrissey Building, Suite 200
4 304 West Liberty Street Louisville, Kentucky 40202
JACK ATKIN, Esq. 6 KASOWITZ, BENSON, TORRES &. FRIEDMAN
1301 Avenue of the Americas 7 New York, New York 10019
e For the Defendants:
9 ADAM PECK, Esq. LIGHTFOOT, FRANKLIN & WHITE
10 300 Financial Center 505 North 20th Street
11 Birmingham, Alabama 35203
12 GERARD H. DAVIDSON, JR., Esq. SMITH, HELMS, MULLISS & MOORE
13 P. 0. Box 21927 Greensboro, North Carolina 27420
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15 16 17 Stipulations
INDEX
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1 Reporter's Certificate 19
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20 EXAMINATIONS
21 Witness: WILLIAM B. PAPAGEORGE, P.E.
Pace
22 By Mr. Atkin
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5 1 STIPULATIONS 2 IT IS STIPULATED AND AGREED by the K
parties, through their respective counsel. 4 that the deposition of WILLIAM B. PAPAGEORGE, 5 P.E ., may be taken before Deborah Salere 6 Garrett, CSR, RPR, as Commissioner and Notary 7 Public, Alabama at Large, at Birmingham, 8 Alabama, on March 31, 1996, at 1:20 p.m. 9 IT IS STIPULATED AND AGREED that the 10 signature to and reading of the deposition by 11 the witness ie waived, the deposition to have 12 the same force and effect as if full 13 compliance were had with all lavs and rules of 14 Court relating to the taking of depositions. IS IT IS STIPULATED AND AGREED that it 16 shall not be necessary for any objections to 17 be made by counsel to any questions except as IB to form or leading questions and that counsel 19 may make objections and assign grounds at the 20 time of trial or at the time said deposition 21 is offered in evidence or prior thereto. 22 IT IS STIPULATED AND AGREED that notice 23 of filing by the Commissioner is waived.
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into between counsel that this deposition may be recorded by videography.
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(Plaintiffs' Exhibit Number One was marked for identification.)
Can you state your full name, please. for the record? William B. Papageorge. And how do you spell Papageorge? P-a-p-a-g-e-o-r-g-e.
Where do you presently reside, Mr. Papageorge? In St. Louis County, Missouri. Is that near St. Louis? Yes . Are you presently employed? I'm self-employed. I guess that's appropriate. oxay. What ao you do? Consulting.
What type of consulting do you do? Technical.
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1 STATE OF ALABAMA, BIRMINGHAM, MARCH 31, 1998
2 3 WILLIAM B. PAPAGEORGE, P.E.,
4 after having been first duly sworn, was
5 examined and testified as follows:
6 7 MR. ATKIN: Should we just put e this on the record, the joint 9 stipulation allowing for 10 videography?
11 MR. PECK: Sure. You can make it
12 an exhibit or whatever.
13
14 EXAMINATION
IS BY MR ATKIN:
16 o. 17
Good afternoon, Mr. Papageorge. you?
How are
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Fine. MR. ATKIN: Good. Before we begin, I just want to have this marked as an exhibit And this is the joint stipulation that was entered
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When you say technical, what do you
mean?
It deals with such things as engineering
and chemistry.
Okay. You have testified before in
other cases involving PCBs; is that
correct?
.
That's correct.
Approximately how many cases have you
testified in?
I've never kept score, frankly. I would
suggest in depositions and trials i6
approaching thirty or forty.
Okay. Do you recall how many trials you
testified in as opposed to depositions?
Oh, six to ten, somewhere in there.
When was the last time you testified at
a trial in connection with a PCB case?
I'm trying to recall. It's about two
years ago.
Do you remember where that case was
venued?
Ea6t St. Louie, Illinois.
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9 -Q. Do you know who the parties were? A. Cerro Copper, C-e-r-r-o, versus
Monsanto. I believe that's the designation or close to it. Q. Was that in state court as opposed to federal court? A. I'm hesitating because I was under the impression it was a federal district court over there, but I'm not positive. 0. Can you briefly tell us your educational background? A. I'm sorry? Q. I'm 6orry. I should speak louder. Can you briefly tell us your educational background? A. I received a bachelor of science degree in chemical engineering from Washington University located in St. Louis, Missouri in 1943. I received a master of science degree in chemical engineering also from Washington University in 1947. Additional formal credits were earned at Oklahoma A & M,
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11 A. Okay. Q. Once you give the answer, we are going
to assume that you understood my question. Okay? A. I understand. Q. Okay. Did you -- Can you tell us briefly your employment history at Monsanto, just what titles you held and approximately what years, to the be6t of your recollection? I know this goes back a while. A. I know it does. I joined Monsanto in 1951, late '51. My initial assignment was as a process engineer in the plant's engineering department.
MR. PECK: That's his CV. MR. ATKIN: Why don't we mark that
as Exhibit Two. (Plaintiffs' Exhibit Number Two was marked for
identification.) Q. Maybe that will help refresh your
recollection.
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` 10 now known as Oklahoma State University,
2 in Stillwater, Oklahoma, toward a doctor
3 of science degree in the period 1947 to
4 1951.
5 Q.
Before I go any further, let me just --
6 Obviously you have been involved in a
7 lot of depositions. You are familiar
8 with the whole process, correct?
9 A. 10 Q.
I'm learning all the time. Let me just state, I'm sure you Vmor ths
11 rules. But the one rule I want to
12 emphasize is that if I ask you a
13 question, please make sure that you
14 understand the question before I ask --
15 before you answer it. Okay?
16 A.
I understand what you're saying. But
17 - sometimes what I understand is not what
18 you had intended for me to understand.
19 The question may not quite fit.
20 Q.
Well, if there is any need for
21 clarification, you know, feel free to
22 ask me to try to clarify it for you.
23 Okay?
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12 Should I continue referring to this, or will this speak for itself? Whatever -- If you could continue referring to that, if that will refresh your recollection, and that way we have it on the record. Very good. Following that assignment. which lasted until 1954, I became designated as a senior chemical engineer still within the same engineering department. In 1955 I was appointed a production supervisor. What did you do as a production supervisor? I supervised the actual operations related to the manufacture of chemicals. Okay. Not all the chemicals in the plant, but an assigned group. Do you recall what the assigned group was? My initial assignment, as sort of a trainee, was in the manufacture of
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1 materials called plasticizers. These
1 A.
This is the plant that Monsanto referred
2 are materials that are added to brittle
plastics to make them flexible.
2 to as the J. F. Queeny Plant located in 3 St. Louie.
4 Q.
Uh-huh (indicating yes).
4 Q.
Okay.
S A.
The second assignment as a production
5 A.
As maintenance superintendent I was
6 supervisor was the supervision of a
6 responsible for the activities of eight
7 department that made chemicals that were
7 to ten supervisors covering all of the
B eventually used in making other 9 chemicals that were used as rubber 10 additives to improve automobile tire
6 mechanical repair and installation 9 activities in the plant/
10 In 1959 I became an assistant
11 performance and rubber tubing and that
11 engineering superintendent, which takes
12 kind of products.
12 me back to the original engineering
13 Q.
Okay.
13 department where I now supervised the
14 A.
In 1956 I was appointed a maintenance
14 engineering activities for anywhere from
15 supervisor. And that assignment
15 six to twelve engineers and three to six
16 involved the supervision of a team of
16 technicians who were assigned the task
17 craftsmen who were involved in
17 of responding to the production
18 installing minor new projects, like a
18 department's needs for a bigger tank or
19 new pump or a new tank or a new
19 a different pump or a new process or a
20 instrument. Following that I was
20 new agitator, whatever required some
21 appointed as maintenance superintendent
21 engineering calculations to help them
22 at the same plant. That was in 1957.
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decide on what would be the best
23 Q.
Which plant is this now?
23 approach.
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15 In 1961 I was appointed a general superintendent of warehouse, inventories, and utilities. This is still at the Queeny Plant? Still at the same plant. This particular operation really provided services to the manufacturing supervisors other than the maintenance function. We would deliver the raw material. We'd pick up the finished product. We'd supply power, electrical power or clean water or pick up the trash, whatever assistance they needed to help the processes continue ongoing. Okay. All of the assignments I just described with Monsanto up to now were with this John F. Queeny Plant. In 1964 I was assigned to the plant located in Sauget, Illinois, S-a-u-g-e-t, of Monsanto, as a general superintendent of manufacturing. I was
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1 one of, as best I remember, a half a
2 dozen or so general superintendents.
3 Each of us were assigned a list of
4 products that we were responsible for
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. producing. In 1965 I was appointed
6 plant manager at the Anniston, Alabama
7 plant. In 1970 I was appointed manager,.
8 environmental control.
9 Q.
At Anniston?
10 A.
No. Reporting back to St. Louis.
11 Q.
You were located in St. Louis then?
12 A.
Yes.
13 In 1973 my title -- Well, let me
14 go back a bit. The title, manager.
15 environmental control, was changed after
16 a few months to manager, environmental
17 protection. So if you see documents
18 with those two titles, I hope that 19 explains the difference.
20 Q.
Okay.
21 A.
In 1973 I was appointed manager, product
22 acceptability, of the operating unit
23 within Monsanto referred to as the
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17 Monsanto Industrial Chemical Company. Still stationed in St. Louis? Tes. Okay. In 197? I was appointed the manager of product acceptability for the chemical -- sorry - Monsanto Chemical Intermediates Company. What does the manager of product acceptability do, or what did you do? I was assigned a group of Monsanto products, and I waB responsible for monitoring the safety of these products. the proper packaging, the proper labeling, the information in their brochures, describing these products. ` any communications that were required by regulatory agencies, both local, state. federal, international. Okay. Later on in 1977 I was appointed a director of environmental operations for Monsanto Chemical Intermediates Company.
A
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group of plants.
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In 1986 I was named manager of
occupational health for another
reorganization within Monsanto. This
waB referred to as the Monsanto Chemical Company. And I finally retired at the
end of that year.
The end of 1986?
'86 .
Have you been a consultant ever since? I'm sorry?
I'm sorry. Have you been a consultant ever since? Yes.
Mr. Papageorge, did you meet with anyone
to prepare for your testimony, your deposition testimony here today? Yes, I did. Who did you meet with?
Mr. Michael Kelly, Mr. Gerard Davidson,
Mr. Adam Peck, and Mr. Bud Cox.
When did you meet with them?
Well, with Mr. Davidson and Mr. Kelly I
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ie And what did your duties involve in that position? In addition to the product type matters that I just described for the product acceptability job, I picked up such things as industrial hygiene at the plants of individuals working with these chemicals produced at plants. And this is a situation where the plants were assigned to the unit I was working with rather than the chemicals assigned. Okay. And also as the title indicates, I was involved with environmental issues relating to the plants and the products produced at these plants. Okay. In 1983, as a result of a reorganization within Monsanto, I was appointed a director, environmental operations, for the operating unit referred to as the Monsanto Industrial Chemicals Company, the same kind of assignments, different
'
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met last week, as I remember.
Where was that meeting?
In St. Louis.
How long did you meet with them for?
Oh, less than half a day the first day.
from, say, after lunch until four
thirty.
Okay.
And the next day I met from, say, eight
thirty to noon.
okay.
And then I met with those two gentlemen
and Mr. Peck and Mr. Cox yesterday. For how long?
Actual meeting time was a couple of
hourB in the late afternoon.
Any other time?
And this morning I met with
Mr. Davidson, Mr. Kelly, and Mr. Peck
fron about -- Let's see. It was roughly
eight thirtyish, quarter to nine until
about a quarter to twelve.
Did you review any documents in
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21 preparation for your testimony here today? Yes, I did. What did you review? I recall there was a mound of paper. I recall -Like that right (indicating) -- Oh, it was a box full, sir. And really most of it was the transcript of a deposition taken for what I'm going to call the Nevada Power versus Monsanto case. Okay. Did you review any of the Withdrawn.
It was the transcript of a deposition? Yes. And did you review any of the exhibits that were part of the deposition in that case? Some of them. As I read through the transcripts -- And I had to refresh my memory as to what are they talking
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23 testifying as a fact witness. Are you being compensated for your time? I didn't mean to imply it was for your testimony. I meant in preparing for a deposition and to appear here today. No. I'm being paid for consulting with attorneys, with reviewing the past. I suppose you would call that part of the preparation. Yeah. That is what I meant. And I am paid for that. But the time that I am involved, say, in this deposition, I'm not paid for that. Okay. I'm not paid for the time I sit in the airplane either. But you are paid for the hours, the time you spent consulting with the attorneys regarding the deposition? Yes. Okay. How much are you compensated? About -- I usually charge a hundred fifty to two hundred dollars an hour.
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about. I would go back and find the
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exhibit and refresh my memory, yes.
Can you tell us -- Without looking at
the documents, can you tell us offhand
specifically which documents you looked
at?
I recall seeing a copy of correspondence
that I had issued back in the '70s
regarding the status of the
environmental issue as it related to
PCBb. I have forgotten the date now and
the specifics in it. It iB interesting.
I don't remember the details. I have so
many documents in mind that it gets
confusing.
Well, I'm going to show you a lot of the
documents that I have, and perhaps that
will refresh your recollection.
That's good. That will be helpful.
Are you being compensated by Monsanto
for your time in preparing for the
deposition and testifying here today?
I don't receive any compensation for
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Okay. And can you tell us
approximately -- Withdrawn. KaVc yvju cuicauy oulhiullcu
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for the time you spent consulting with
the attorneys?
On this particular deposition?
Yes, yes.
I have not. I haven't sat down to
calculate anything.
Can you tell us approximately how many
hours you have Bpent altogether that you
plan to bill in connection with
consulting with the attorneys?
It is going to be about fourteen hours.
Okay. Do you have any plans to be out
of the country during June of this year?
No, sir.
Sir, do you know if Monsanto ever
conducted departmental waste audits of
the Anniston plant?
Will you help me with the expression
"departmental waste audits"? I'm not
familiar with that terminology.
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25 Sure. Did Monsanto ever conduct an audit to identify the waste components from its operating departments? I'm not aware of any program that was conducted that would cover the full spectrum of waste from each operating unit within the plant.
MR. ATKIN: Let's mark this as Exhibit Number Three, if we could. (Plaintiffs' Exhibit Number Three was marked for identification.)
I'd ask you to look at the document, if you could. And I might apologize. I don't have another set for you. With logistics being what they were, it just didn't work out that way. I have scanned the exhibit. It does rcfrcch my memory about Ohio activity. I misunderstood your question up to the point when you asked about Monsanto audit, outside of all forty Monsanto
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27 of the -- the purpose of the Anniston plant conducting departmental waste audits? I believe that is reflected right where it says, "Objective." Yes. Okay. And is it fair to say that the purpose of the audits was to identify major waste components from all the operating departments and to provide reliable flow data so that waste laws can be accurately calculated? Yes. Do you recall, Mr. Papageorge, whether audits were done of the Aroclor department? And to refresh your recollection, I'm referring to page number three.
And just for the record, let me state that this document is a February 24th, 1969, progress report from the technical services department of the Anniston, Alabama plant, and it bears Bate stamp designation DSW 0142TT
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26 1 plants conducting general audits.
2 Q.
And I don't mean to interrupt you, but
3 let me just say I know these documents
4 go back a long wayB. I know you are
S going to have to refresh your
6 recollection about a lot of them, and
7 that is fine.
8 I'm sorry. So this does refresh
9 your recollection about departmental
10 waste audits that were done?
11 A.
Well, it doeB refresh my memory in terms
12 of this particular exhibit describes a
13 plan to conduct the audits.
14 Q.
Okay.
15 A.
I'm having still some problems recalling
16 when and if the audit was ever conducted
17 and what the results were. I can't
18 place that just yet.
19 Q.
That's okay. We will get to that in a
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21 A.
All right.
22 Q.
As identified in this document, do you
23 know what the purpose of the audit was,
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26 through DSW 014281. Okay. I'm sorry. Your question, as I remember it, was did the Anniston plant conduct an audit of the Aroclor department.
As I said earlier, this document doesn't refresh my memory on that. It does indicate a plan to do so. I don't . know if that plan was executed. Okay. I don't remember that the plan was executed. Got you. Let me show you another document. And we will mark this as Papageorge Four for identification. This is a progress report from the technical services department of the Anniston, Alabama plant dated July 23rd, 1969, bearing Bate stamp designation DSW 014264 through DSW 014295.
(Plaintiffs' Exhibit Number Four was marked for identification.)
If you can look at that document.
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perhaps ic would refresh your
recol 1 ect ion.
MR. PECK: Do you want to go off
the record when he reads or
juBt want the tape to run? MR. ATKIN: I guess you can let it
run, whatever you prefer.
Let it run.
L=w
juat indicate now that you have
reviewed the document, this was a
document that was prepared apparently by
Mr. Wright; ie that correct?
That is correct.
Okay. Who was Mr. Wright?
He was the individual at the Anniston
plant who was the -- who was given the
assignment to monitor environmental issues at that plant. I have forgotten
his title, but it vae something like
environmental supervisor or some such words.
Okay. And I note that you are listed as
one of the recipients of this document.
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31 No, it doesn't. Okay. Do you have any reason to believe that an audit was done of the Aroclor department prior to July of 1969? I cannot speak for the years before 1965, so I just would be guessing. Okay. WaB the reason that an audit was being done of the Aroclor department in 1969 because of the concern over PCBs being found in the tissue of some animal and the concern over the effect that the PCBs were having on the palatabilicy of the fish?
And I don't mean to trick you. Why don't I refer you back to Papageorge
Three. bit.
It would also expedite things a
I see the sentence that you are referring to. Okay.
The fact that the Aroclor materials, which I think today we would call PCB materials --
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Is that correct?
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That is correct.
Do you recall receiving this document?
I do now that I have glanced at it, yes.
And this document reflects that an audit
was in fact done of the Aroclor department; is that correct?
That is correct.
Ana apparently tne auait was compietea
sometime in or about July of 1969; is
that correct?
That is correct.
Okay. Did you have any involvement at
all in the conducting of the audit? My involvement is one where I am the
plant manager of the plant in which
Mr. Wright worked, and the department
that he audited was under ray
responsibility.
Does this refresh your recollection as
to whether or not an audit had ever been
done previously of the Aroclor
department?
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32 We can do that. -- were being found in the tissue of some animalB certainly triggered some thinking regarding where are these things, what are they, and where are they coming from.
I recall the use of the word palatability," and I have no information from anywhere over the decades that anybody indicated that the palatability of fish was an issue in 1969. It just doesn't ring any kind of memory bell. Okay. Do you know whether the contents of this document vaB actually prepared by Mr. Wright? Which document? Are we looking at Three or Four? Three. Three. I have no reason to believe -Otherwise? -- otherwise. And the same would hold true for
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33 Papageorge Four; ie chac correct? That ie correct. There was no reaeon chat Moneanto couldn't have done audita of the Aroclor department before 1969; ie that correct? There was one very limiting shortcoming. Okay. The ability to measure PCBe in part per million or less levels was not available until roughly I960. And even then there was some difficulty experienced in duplicating results. And it depended an awful lot on the laboratory and the experience of the chemist. And so it was undergoing a period of development in '68.
So without that technology being available, a true audit -- Well, an audit could have been held, but the answers would have come out 2ero PCBs. Prior to 1968? Yes. And even during '68. We would have gotten some answers that always
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So I just don't know how much of that,
if any, is PCB.
Well, according to this document, I
believe it says the major sources of
organic -- primarily Aroclors, but with
smaller amounts of biphenyl, Santowax,
and HB-40.
..............
Does that refresh your
recollection as to whether the major
component of the organic waste was from Aroclors?
Not really, because when they speak of
Aroclor, at that point in time, at the
Anniston plant within Monsanto, the word
"Aroclor" covered chlorinated biphenyls
aB well ae chlorinated terphenyls.
Also, within that operation.
because of their use as starting materials, there were other organic
materials present.
So again, the expression "organic materials" is not really definitive.
Does this document reflect an audit that
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34 1 would have a question mark after them.
2 Q.
Okay. Looking at Papageorge Four --
3 A.
I have it.
4 Q.
Okay. Was a determination made as to
5 how much the average total loss -- the
6 average daily losses of organic PCBs
7 were?
B A.
Well, I see --
9 Q.
I'm actually referring you to the
10 suirmary on the first page, to the second
11 sentence, which reads, "The average
12 total losses of organic material from
13 these departments iB approximately
14 twenty-seven pounds per day."
15 A.
My hesitation is due to the fact that
16 there are many chemicals involved in
17 this particular operating unit that are
IB called organics. Some of them are PCBs.
19 There is also, as I remember, benzene
20 and biphenyl and hydrogenated biphenyl
21 and many other materials which would
22 come out as organic material.
23 Q.
Okay.
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36 was also done of the HCl department? Yes, it does. And it also reflects the reBults of the amounts of HCl, average losses of HCl per day; is that correct? I believe I saw that here. Let me look at it. Actually I'm referring to the first page, to DSW 0142B4. Well, the number that I see on that first page is the number we mentioned earlier referring to organic material of twenty-seven pounds a day. And it -When you said may, may also encompass not only PCBs but other organic materials? In terms of organic material, correct. right. Right. And then when you say -I'm referring to the last sentence on the first paragraph on the summary which erars "chi*?rinr1.*!v.*.
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37 average lose of eleven hundred pounds of HCl per day, and the HC1 department losses were an average of fifteen thousand five hundred pounds per day." I see that, yes. So this does in fact report or give reporting on the HCl losses, the average HCl losses? You are correct. And at or about the time that this audit was conducted, did Monsanto become concerned about the effects of PCBs in the plant effluent water on Snow Creek and Choccolocco Creek? And I am referring to the first page, the last paragraph on the first page. I see the reference, yes. Does this refresh your recollection. sir, as to whether or not -- Withdrawn.
Do you know whether Monsanto became concerned about the effects of PCBs on Snow Creek and Choccolocco Creek prior to July of 196 9?
r)
$
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1 A.
Not to my recollection.
3B
2 Q.
3
Now, in or about July 1969 Monsanto visually checked Snow Creek and
4 Choccolocco Creek for PCBs; is that
s right? And I'm referring you to the
6 document.
7 A.
Yes.
e Q.
And this document reflects that -- what
9 the results of that visual inspection
10
n A.
were; is that correct? I recall seeing it as I scanned it.
12 Q.
I'm on the first page, actually.
13 A.
Still?
14 Q.
Yeah.
IS A.
It is the last paragraph, first page.
16 Yes, sir, I see it.
17 Q. It reflects that none was noted more
18 than one block from the plant
19 boundaries.
20 A.
I see that, yes.
21 Q.
Does that mean, sir, that up to one
22 block from the plant boundaries Monsanto
23 was able to visually detect PCB waste?
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39 Well, that tells me that the observer who went out looking for evidence of PCBs, which look an awful lot like the motor oil that drips out of your car on the garage floor --he went out looking. and he spotted what he thought might be a PCB. Remember, he didn't analyze for it. He just saw that stain, if you will. And it was at most a block -- And I'm assuming that is a city block -- a typical city block away from the plant boundary 1ine. Ok-"/. Did Monsanto take samples of mud and water downstream from the plant at that time? I'd have to refresh my memory. Also on the first page. Yes, they did take samples. Okay. How many samples did they take? It indicates here six samples of mud and water. Do you know where they were taken from? I'd have to look at the map that's
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40
referred to here.
Okay.
But I don't find a map.
Neither do I. That is why I asked you.
It's for some reason missing.
But you don't remember offhand?
Oh, no, I don't.
Now, if you turn to page DSW 014289,
which is page six of this document --
I have it.
That reflects that samples were taken of
-- two sets of samples, mud and water.
were collected
Cicca ***
September of 1968. Is that correct?
I'm having difficulty finding reference
to two here.
Do you see where -- Let me help you out.
Do you see where it 6ays, "Sample
location"?
Yes.
The paragraph just above that. It says.
"During September of 1968 two sets of
samples, mud and water, were collected
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41 from Snow Creek." I see that, yes. And it also reflects that these samples were analyzed for PCBs by the organic research method, correct? I'm confused by your use of the word "method. " It says, "By organic research." Yes, sir. Do you know what is meant by the term "organic research"? This refers to the team of analytical chemists assigned to Monsanto's central research department to work on new technology for analyzing for chemicals. and PCB was one of their projects. Okay. And thiB in fact gives the results of the samples that were taken in 1968; is that correct? Are we still on the same page as the two samples? Yes. As I read it, it shows me analyses were
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million or parte per billion.
I'm sorry. I read it now.
it.
'
43 I read
It is percent, right?
Percent, yes, sir.
So this would be parts per hundred.
, would it not?
--- -- -
Yes. It would be point two, plus or
minus point oh two in percent. Parts per hundred? Yes.
And does the second sample one block below the plant have one? Yes. It is one point six four pounds per hundred pounds
Okay. Now, this progress report is
labeled on top "Company Confidential" on the first page. Yes, sir.
What doeB that mean?
Well, it is information that someone in
the company, generally the author of a
document, believed that it was unique to
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42 convicted on the two samples of the sediment and the one sample of water. Apparently the second samole of war.iwas dropped and broken. Right. What is the figure given for the parts per billion of the one water Bangle? Fifty-eight, plus or minus two. And it also gives results for the sediments; is that right? I'm sorry? It also gives results? Yes, for the sediment. Yes, it does. And are you able to determine from the results of the sediment how many thousands of parts per million of PCBs were found in the samples, in the two samples of sediment? Thousands of parts per million? Yes. Well, this number you see there is not identified as to the magnitude of that number. We don't know if it's parts per
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44 the company's operation and that his opinion ought to be kept confidential and for use within the company to manage its affairs. okay. It is the author's judgment call. Okay. To your knowledge, sir, did Monsanto ever disclose to the. residents of Anniston in 1968 or 1969 that twenty-seven pounds of organic and acid waste from the Aroclor and HCI departments were being lost from the plant? There was no reason to talk those numbers. They were meaningless. But the answer is no? That is correct. Thank you. Did anyone ever tell the residents of Anniston at that time that Monsanto was visually checking Snow Creek and Choccolocco Creek to determine the effects of the PCBs in the plant effluent water?
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45 Sir, this is no different than a service station man telling his neighbors he has got motor oil on the curb by hiB service station. Those things are just nonproductive comments that one can make to others. I'm going to move to strike. But che answer, though, is no? is that right? Yeah. Okay. Did anyone ever tell the residents of Anniston that Monsanto had taken samples of mud and water downstream from the plant in Choccolocco Creek and Snow creek in 1968 and 1969? Again, there was no rational reason for talking to anybody, so they didn't do it. Okay. The answer is no; is that right? Thnt it whnt you heard me say. We didn't do it. Okay. And did Monsanto ever disclose to the residents of Anniston in 1968 or 1969 that it had taken fiBh Banples to
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47 And by the way, Mr. Papageorge, if you need at any time to take a break, just let me know.
(Plaintiffs' Exhibit Number Five was marked for identification.)
I will do that. I have read the document. Thank you. This document is a memo -Let me just identify it for the record. This is a one-page memorandum from Mr. Wright dated November 14th, 1969, addressed to yourself; is that correct? That is correct. And che subject is Aroclor spill on March 6, 1969. It is. Okay. And chie reflects that in November 1969 there was a loss of fifteen hundred gallons of Aroclor 1242 to the plant acid sewer? iB that correct? That is correct.
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46 be analyzed for PCB content as reflected in this document? The same rationale applies, sir. The reason for doing bo was not present, and we didn't do it. Thank you. If I ask you a question that calls for a yes or no answer, I would appreciate it if you could confine your answers to a yes or no. Sir, you may appreciate it, but sometimes a yes or no is not truthful. nor accurate. Okay. By the way, sir, have you seen -did you review Papageorge Three and Four with the attorneys before coming to testify here today? I don't remember. No. Okay. You don't remember or no? I dun.' u xeunsiuiuex Bsexixy mem, bu x uj,a not see them. Okay. I'm going to show you another document, which we will mark as Papageorge Five for identification.
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48 And it also reflects how this happened. correct? It does. And it says that the line on the bottom of the number three Aroclor still receiver failed, correct? Yes. And did you first learn about this spill in this memorandum? This confirmed an oral report that was given to me back when it happened. By Mr. Wright? No. I believe it was the supervisor of the Aroclor operation that told me. And who was that? Jack Malloy. And do you recall how many gallons of PCBe Monsanto was able to recover from the fifteen hundred gallons that had been lost? I had to refresh my memory. It does refer to three hundred fifty gallons of material recovered for reuse.
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49 Okay. What happened to the remainder of the PCBs that had spilled? As best I recall -- You may want to refresh your recollection from the document. If your recollection is different from this. that is o)cay. As i recaii, there were efforts made to recover any material they could from the sewer itself, and then there were cleanup efforts of the neutralization pit to which seme of this leakage went. And in both of those situations the material would normally be put in drums and hauled to the landfill for disposal. Okay. This memo reflects that the remainder of the PCBs was probably lying in the sewer and had been mixed with the dirt and sand at the head of the acid neutralization pit. It does say. Is that consistent with your recollection?
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51 I'm talking specifically as a result of this spill. Sure. That's no different than any other accident or event. Okay. And Monsanto in fact collected samples from Snow Creek to determine how . much of the spill material had entered Snow creek; is that right? How much, if any, yes. Yes. Who collected the samples; do you recall? No, I don* t. Do you know where they were sent? At that point in time they were probably sent to this group we referred to earlier, the organic research analytical group. Do you know what the results were? No, I don't remember. And did Mr. Wright make any recommendations to prevent a recurrence of this type incident? Well, a recommendation is reflected in
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Yes. There are ways to absorb the
50
liquids in sewers and then shovel them
out.
Okay. Was a portion of this material
leaking through the limestone at the
effluent end of the pit, the limestone
pit?
Through the limestone?
Yes.
Yes. It has to trickle down through the
limestone until it reaches the clay bed.
And Mr. Wright believed it was highly
unlikely that Monsanto would be able to
recover any more of this material,
correct?
Yes. And keep in mind recovering means
reuse, profitable recovery.
Okay. Was Monsanto concerned about how
much of the spilled PCBs might be
getting into Snow Creek?
At this point in time, yes, we were very
careful in monitoring chat kind of
activity.
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52 the memorandum, Exhibit Five. Okay. And what was the recommendation? The recommendation he refers to there is the installation either of a second catch basin, which is this limestone pit, or what he calls another device between the PCB producing department and the neutralization pit. Okay. Was that recommendation ever implemented? Yes. Okay. Do you know when? About 1970. We installed a second neutralization pit, and they also installed a catch basin underneath the operation to catch any leak of this type. Okay. To your knowledge, sir, was this incident the first time that hundreds of gallons of PCBs had spilled into the acid sewer? To my knowledge, yes, this is the only incident I'm aware of.
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53 Are you aware of any incidents like this occurring after this point in time? There were no other incidences like this. Okay, we are going to mark thiB for identification as Papageorge Six. And this is a document bearing Bate stamp number -- Bate stamp designation DSW 0131B6 through 013191.
(Plaintiffs' Exhibit Number Six was marked for identification.)
But before you go to that document -I'm sorry to do this out of order, but the document I just showed you before. Papageorge Five -Yes. -- did you review that document with the attorneys when you met with them to consult regarding the deposition today? No.
MR. PECK: I'm starting to think we didn't do a good job of
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55
handwritten memo that was sent to you by
Mr. Hodges?
Yes.
All right. Okay. Who is Mr. Hodges?
Mr. Hodges was the individual in
Monsanto's organic division, organic
chemicals division, who was assigned the
task of monitoring environmental issues
in the organic division's plant.
Okay. The memo reflects on page 013187 --
I see it.
It is referring now to Bill Papageorge,
and then it says, "Anniston." Do you
see that right underneath that? Yes.
It says, "Twenty-five to fifty pounds of
Aroclors originally lost with some trapping of three Aroclors at the
limestone neutralization." I see that.
*-'>' i
fwi. how long twenty-five to
fifty pounds per day of Aroclors were
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it.
54
2 Q.
If you can look at this document, I will
3 tell you that I'm only going to be
4 interested in the first paragraph on
5 page DSW 0131B7. 6 MR. PECK: But if you want to look
7 8 0-
at all of it, go ahead. Please, absolutely. Actually, in
9 looking at the document, probably I
10 think DSW 013186 and 13187 go together
11 and probably the rest of the document
12 somehow got attached. The reason I say
13 that is because the sutranary is for
14 September 1970, the sunmary reflected in
15 the technical service department's
16 monthly report. And the handwritten
17 notes that I'd like to ask you about are
18 dated April 6, 1970. Do you see that?
19 A.
I see that.
20 Q.
Okay. Have you had a chance to look
21 through DSW 013187?
22 A.
I have.
23 Q.
Are these handwritten notes or a
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56 being lost to the sewer at the Anniston plant? I have no idea. It might have been one minute and it might have been days. Okay. If you look at the -- that first paragraph still, it does reflect that present losses in April 1970 -- See where it says, "Present losses are about five pounds per day"? Yes. It is the last part of that statement. Yes. Five pounds per day or five hundred parts per billion, correct? That's what it says, yes. So that reflects, sir, that as of April 6, 1970, the plant was experiencing losses of PCBs to the sewer of five hundred parts per billion or five pounds per day, correct? I hesitate because you used the words "lost to the sewer." I see this as material entering tne pic. Okay. So when it says, "present
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57
loBses," you are referring to material
entering the pit?
Yeah. By losses, it's from the
production unit down to the pit.
To the pit. Okay. I'm sorry. Thank
you for clarifying that.
And the goal was to reduce that
level to ten parts per billion per day by October 1st, 1971, correct?
Correct. MR. ATKIN:
Let us mark for
identification the next
document, which is the July 21st, 1970, progress report.
Do you have that? I'm
sorry. You do not have that. Okay. That's all right. We
will take this one, but I
gueBS we will have to
stipulate for the record that
the highlighted portions of
this were done by me.
Obviously the original
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59 1970, titled Aroclor Losses at the Anniston Plant, bearing Bate's number MONS 056663 through 056673.
If you could turn to page 056667. I have it. Okay. According to that sheet, the average Aroclor concentration from April 22nd, 1970 through May 4th, 1970 was eighteen hundred and thirty-three partB per billion in the warehouse sewer. Is that correct? Ili4L its cuxrecL. And the average Aroclor losses per day listed on that document were one point forty-three pounds? That is correct. If you could turn to the document MONS 056670. I have it. Okay. According to that sheet the Aroclor concentration in the total plant effluent averaged fourteen hundred sixty parts per billion per day for April
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documents did not have any
SB
highlighting on it.
MR. PECK: Okay. I've marked that
Plaintiffs' Exhibit Seven for
you.
(Plaintiffs' Exhibit Number
Seven was marked for
identification.)
MR. ATKIN: Thank you. Let's go
off for one second.
MR. PECK: Sure.
(Discussion held off record.)
Okay. Well, have you had a chance to
review that document?
I have scanned it, not totally.
thoroughly reviewed.
Okay. I'm going to try to direct you to
certain portions of the document.
Let me just say that -- for the
record that Plaintiffs' Exhibit Seven
for the Papageorge deposition is a
progress report from the technical
services department dated July 21st,
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60 ISth, 1970 through June 30th, 1970. Is that correct? That is correct. And the Aroclor losses per day averaged fifteen point seventy-four pounds for that period? Yes. And in fact got as high on one of the sample days, on May 4th, 1970, as a hundred and ninety-eight pounds. correct? I see that, but I note that it is included in a bracketed set of numbers with an asterisk. Do you know what that bracket and asterisk means? I cannot at the moment determine what that is trying to tell us. Okay. If you could look at MONS, the next page, 056671. I have it. As well as the document after it, 056672. Those two sheets give the
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61 results for the Snow Creek sampling station; is that correct? Tee. Okay. Do you know where the Snow Creek sampling station was? I'm confused by your -- Was when? At that time, when they took these samples, the station, do you know where it was? It says the Snow Creek sampling station. Oh, the actual spot where the samples were taken? YeB. Not specifically, no. Generally do you know? I mean, could you give us some geographic description that would enable us to pinpoint where it was? Not really, not without being misleading.
I know the asterisk, sir, refers to the.note on page MONS 0S6672. Yes. It is the limestone pit was being
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62 cleaned out when those bracketed numbers were incurred I see. IC says, "Data not included in average." What doeB that mean? Each of these data sheets that have a total at the bottom called average, any bracketed numbers in each of those columns are not included in the average. I see. Okay. Do you know how many samples were set up on Snow Creek? No, I don't. Okay. According to these two sheets. the average amount of PCBs -- I guess if you look at 056672, the parts per billion at Snow Creek from April 15th, 1970 through June 21st, 1970 was seven hundred sixty-eight parts per billion. Is that right? That's what it indicates, yes. And on some days -- I'm referencing now in particular May 10th, 1970 -- the amount of PCBs in parts per billion in Snow Creek reached as high as ninety-six
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63
hundred parts per billion; is that
correct?
Do I have the right page, sir? Is that
MONS 056670?
6671.
71?
Look at 5-10.
---
5-10, yes.
And most of the samples that are reflected on these sheets in fact reflect levels that are beyond
saturation; isn't that right? I hesitate, sir, because when we speak of saturation, I need some guidance
regarding saturated in what. Is it
distilled water or filtered water or water containing sediment to which PCBs could adhere? So I don't know chat I could answer that, because a natural material, when a sample is grabbed.
could be all kinds of degrees of sediment in it.
Okay. Fair enough. If you could take a
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64
look at the last page, MONS 056673.
I have it.
This page lists the amounts of PCBs in
parts per billion found in eleven
different samples in Snow Creek and
Choccolocco Creek, correct?
That is correct.
.
And it also breaks the PCB concentration
down by mud and water samples?
Correct.
Let's just take a look at the first
sample there, which is dated 10-8-69.
I see it.
The sample location is Snow Creek at
Glenaddie?
Yes.
Where is Glenaddie in relation to the
plant? I guess by that, how far down -how far is it from the plant?
I don't know that I ever measured it.
I'm going to say three miles. thereabouts, less than five.
According to this sheet, there were two
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65 point three six times ten to the seventh parts per billion Aroclor concentration in that sample of mud; is that right? That's what it indicates, yes. How much is that in terms of parts per million; do you know? I'd need a paper and pencil to calculate it. That would be -- Unless I'm reading wrong and by mental arithmetic, about twenty-three point six parts per million. Okay. A million has six zeros. This has ten to the seventh. So I take that ten and multiple by two point three six by ten. That gives me twenty-three point six for ten to the sixth million. I apologize. The whole column is parts per million. Right. Isn't it in fact twenty thousand part6 per million? Should I take the time to do the arithmetic? It is only an arithmetic answer. Somebody can calculate that.
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All right. My arithmetic may be off. but I came up with two hundred
67
thirty-six parts per million.
Okay. Is that a high concentration of
PCBs?
As I started to ask earlier -- I don't
know how to define "high."
If I were
looking for a practical use of that
mixture, I would suggest it's too low to
do any good to anything. If I look at
any other kind of indicator, I could come up with an answer that says it is high. I don't know what to compare it to, sir.
Okay. There is -- Sample number four --
Actually -- I'm sorry. Sample number three dated October 8th, 1969. I see it.
It is Choccolocco Creek at the city
treatment plant? I see it.
That was seven hundred thirty-eight
thousand parts per billion, correct?
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6S Okay. That is a high level of PCBs, isn't it? Compared to what, sir? Well, let'B just say it is twenty thousand parts per million. Is that a high level of PCBs?
MR. PECK: Object to the form of the guestion. The whole column is parts per billion.
THE WITNESS: Tee, parts per billion.
MR. PECK: So it wouldn't be twenty-three thousand parts per million.
THE WITNESS: This is parts per billion.
Two thousand parts per million; is that right? Two point three six times ten to the seventh parts per billion is two thousand parts per million, iBn't it? All right. I might as well take the time and do it. Thank you. Thank you.
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68 Parts per billion? Parts per billion, yes. Yes. I'm sorry. I need to speak a little louder sometimes. My hearing is not that good. I'm sorry. I'll try to speak up.
Now, was the city treatment plant more than a half mile from the plant? Yea. Okay. Were the results of those -- of these samples ever disclosed to anyone outside of Monsanto Company? Not to my knowledge. Okay. How far is Mars Hill Missionary Baptist Church from the olant? I've never measured it. I don't know that anybody ever told me. Five city blocks or so. Okay. Less than a mile? Yes. Now, how far would you say the church is from the south landfill of the plant?
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69 About that order or magnitude of distance. Something similar? Similar, yes. Let us mark this for identification as Papageorge Eight, Plaintiffs' Eight, for the Papageorge deposition.
(PlaintiffB' Exhibit Number Eight was marked for identification.)
I have reviewed the exhibit. Okay. Thank you. This exhibit, for the record., is a memorandum that was sent to you, to W. B. Papageorge, from E. S. Tucker; is that correct? That's correct. Dated August 6th, 1910, bearing apparently two different sets of Bate's numbers. We will just give one of them. NPC 0106099 through NPC 0106101. Was this a memorandum -- Is it Dr. Tucker? Yes. What is Dr. Tucker's first name?
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71 Okay, E. P. Wheeler was a member of Monsanto's corporate medical department. A doctor? Nor a medical doctor. He had a master's in public health, as I remember. He was for a while the assistant director. reporting to Dr. Kelly, and he later became manager of industrial health. Okay. E. G. Wright, we discussed earlier, was the manager of the Anniston plant involved in environmental issues.
And P. B. Hodges is the individual in the organic division's manufacturing staff involved with environmental decisions. I think we described him earlier also. Right. Who is Mr. Garrett? I'm sorry. I missed him. J. T. Garrett was a member of Monsanto' 6 medical department who headed the industrial hygiene group.
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70
1 A.
Scott. I'm sorry. He went by Scott. I
2 never knew what the E stood for.
3 Q.
Okay. What was his position at
4 Monsanto?
5 A.
He was an analytical chemist in
6 Monsanto'8 corporate research department
7 who vaB the principal research person in
8 developing PCB analytical methodologies.
9 Q.
Okay. Now, I may as well ask you this
10 at this point so I don't lose too much
11 time. There were several people copied
12 on this memo.
13 A.
There are.
14 Q.
Can you tell us who they are?
15 A.
M. W. Farrar is the director of research
16 involved with the PCB products used as
17 ' what Monsanto called plasticizers, which
18 really is another word for miscellaneous
19 use.
20 R. E. Keller was in Monsanto's
21 corporate research who headed the unit
22 in which Dr. Tucker worked, the
23 analytical research unit.
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72
Okay. The first sentence of this memo
Bays, "During the October 1969
semiannual survey of the Choccolocco
Creek, a number of fish were collected.
eqr,-.--^-c.. .^--------------/
J .V ) . a - .-.--.-.-----c----.- --- ----
residue analysis." Do you Bee that?
I do.
When did Monsanto start doing semiannual
surveys of Choccolocco Creek?
As best -- I'm trying to recall. It
seemed to me in April of '70. And I'm
trying to tie that in with the audit
programs that we saw earlier.
And the audits originally were
designed to look at samples of soil and
sediment and water and the like. And
while they were out there, they took
some fish Bamples. And I interpret this
to tell me that this was the second
batch of fish that they received in the
year 1970.
But the sample was actually taken and
the survey of the creek was taken in
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73 October of 1969? Yeah. But. I'm trying to remember those audita that we reviewed earlier. I thought they were '69 audita. You may recall in Exhibit Three -Right. -- there was an audit plain developed for the Anniston plant. That was in '69. Uh-huh (indicating yea). Okay. And then there was this audit. I have forgotten the question now. You mentioned '6B, did you? Yes. It says, "During the October '69 semiannual survey of the creek." I'm wondering if you know when semiannual surveys of the creek first began. It is my recollection at the moment that it began in the early part of 1969. Okay. On or about the April period. Okay. And what did these surveys consist of; do you know? It's the collection of samples of water
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received. After it's defrosted and
75
thawed out, they weigh it and then analyze the given weight of that material.
The lipid weight, they take the sample and extract it to remove all the fat from it and then analyze the PCBb in that fat. Okay.
Thank you.
Now, on page NPC 0106100, which is the
second page -- I think the one you are
holding right there -- this reflects that there were as many as one thousand ninety-seven parts per million of PCBb
per wet weight for some species of fish.
I'm referring to the last figure, the
last column -- not the last column, for the species Notropis venustus. That's the last entry on the page? ieb .
Ten ninety-seven.
That is parts per million, right?
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" 74 and Bediment and fish. Okay. And the subsequent analyses of these samples. Okay. And how long did Monsanto do these surveys for? I just don't remember when they stopped. Okay. Were they still doing them when you left Monsanto's employment? I don't know. Okay. Pages two and three of this document give the PCBs in parts per million calculated as Aroclor 1254 for various species of fish sampled at Choccolocco Creek above and below the confluence with Snow Creek, correct? Correct. Do you know what the difference is between the wet weight and the lipid categories? I'll give you my understanding. Great. The wet weight is the sample aB
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76 Parts per million as PCB of the type represented by Aroclor 1254, yes. Which is one of the many Aroclor compounds that were manufactured by Monsanto, correct? One of several mixtures of PCBs that are sold by Monsanto. And if you look at that same species, it also reflects that there were as many as thirty-seven thousand eight hundred parts per million of Aroclor 1254 PCBs per lipid content, correct? Yes. And people shouldn't eat fish with that level of PCBs in them, should they? Oh, I don't know, sir. You would have to ask a nutritionist or a toxicologist. This is the concentration in the fat. How much fat is in the whole fish, I don't know. So -- And at the same time, even ir I am Know, I wouldn't Know what, if anything, would happen if they ate it.
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0
77 Okay. Do you know, air. Coday, whac Che maximum amounc of PCBs allowed in fish is? Today? I haven'c kepc up to dace on coday'e levels. Ac one cime I remember it was five parts per million. ThaC's Che lasc cbac you recall? Yes. Was Che informacion in chis memorandum ever conveyed to Monsanto's customers?
okay. The -- I'm sorry. You may want to give it back to him for a second. I'm sorry.
The top of the document -Aceually wichdrawn. Wichdrawn. Thac's okay.
And Che informacion in chac memorandum was never conveyed Co Che residents of Anniston either; is that correct? Not to my knowledge. We will mark this as Plaintiffs' Exhibit
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79
funccional fluids thac were pare of che
business group that he was responsible for?
That is correct.
Okay. For the record, this document
bears Bace's number MONS 033851 chrough
033854.
-
X have scanned the exhibit.
Thank you. What were Mr. Bergen's
responsibilities as the director of the
runctionai fluids of the business
group -- director of functional fluids
business group, I should say.
He. was che individual responsible for
managing that group and make certain
that all of its activities resulted in
an acceptable performance, whether it be
environmental concerns or profit concerns or public relations or -Everyching?
Everything. The buck stopped there
insofar as the functional fluids
business was concerned.
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1 Number Nine.
~ 78
2 (PlainCiffs' Exhibie Number 3 Nine was marked for
4 idencificacion.)
5 Q.
For identification, while you are
6 looking ac ic, I will jusc idencify ic
7 for the record. This is a memorandum
6 9 10 11 12 13 A. 14 Q.
written by Mr. Hodges to Mr. H. S. Bergen, Jr., dated August 7th, 1970. And I noce ChaC you are a -- you were apparencly a recipienC of chis document. Is that correct? That is correct. Do you recall Beeing this document
IS before?
16 A.
Yes, as I read it, I recall it, yes.
17 Q. Who was Mr. Bergen?
16 A.
Mr. Bergen was the director of the
19 functional fluids business group in the
20 organic chemicals division of Monsanto
21 22 Q.
Company. And PCBs would have fallen under his
23 jurisdiction or been among the
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60 And you received a copy of this memo, correct? Yes. You will note chat it says ac che cop of the memo, "Confidential, for your information, and destroy." Do you see chac? I do. who determined that this memo should be treated as confidential, for your information, and destroy? As I indicated earlier, it's a judgmental call on the part of the author. So that would have been Mr. Hodges? Yes. Do you know why this memo was given that designation by Mr. Hodges? No. I can't speak for Mr. Hodges. Fair enough. The first sentence of the memo says, "Following are the moves underway resulting from the FDA findings of high levels of PCB in fish taken from
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81 Chrrcclcorc Creek downstream from its confluence with Snow Creek." Do you see that? I do. Do you recall what the FDA'b findings were? I recall an incident where FDA representatives out of Atlanta, Georgia, reported the findings of PCBe in Bone fish that were taken. I don't recall too many of the other details. I do recall that a group from the Anniston plant went to the FDA offices to discuss this matter. I don't recall the exact timing. Okay. Were you a part of that group? No. Do you know -- When it says it is referring to the FDA's findings, you don't recall when the findings were made, do you? As best I can come up with is late spring, early summer 1970.
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83 Okay. Do you know who at Monsanto discussed with Mr. Crockett his handling the problem quietly without release of the information to the public? I'm not under any impression that it was discussed. There was a request on Mr. Crockett's part to Monsanto people to handle data in this manner. And when you say who, it's this group that met with Mr. Crockett and the federal FDA people in Atlanta, as I recall, when this matter came up. And your recollection -- I don't want to put words in your mouth. But your recollection is it was Mr. Crockett's desire and request of Monsanto that the problem be handled without releasing the information to the public; is that correct? That is true, yes.
MR. ATKIN: I think we are going to have to switch tapes.
THE VIDEOGRAPHER: The time is
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1 Q. 2
The liioL aleui uauci otatue owacgo. are presently discharging to Snow Creek
3 about sixteen pounds a day of PCBs." Do
4 you see that?
5 A.
I do.
6 Q. 7
Were you aware that as of August 1970 Monsanto was discharging sixteen pounds
8 per day of PCBs to Snow Creek?
9 A.
I was certainly made aware by the plant
10 reports, yes.
11 Q.
The third paragraph Btates, "Joe
12 Crockett, secretary of the Alabama Water
13 Improvement CorrmisBion, will try to
14 handle the problem quietly, without
15 release of the information to the public
16 at thiB time." Do you see that?
17 A. I do.
IB Q.
Did Monsanto request that Mr. Crockett
19 try to handle the problem quietly,
20 without releasing the information
21 regarding the high levels of PCBs in 22 fish from Choccolocco Creek?
23 A.
I'm certain they did not.
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84
three thirty-one p.m., and we
are off record to change
tapes.
.
(A break was taken.)
THE VIDEOGRAPHER: The time is
three forty-two, and this is
the beginning of tape two.
We are back on the record.
Mr. Papageorge, and we were discussing.
I believe, Papageorge Nine, is it?
Yes.
Papageorge Nine. Had Monsanto had prior
dealings with Mr. Crockett before this,
before this memorandum?
Oh, yes, many.
Concerning what?
Findings of PCBs in water and sediment
samples and alBo sharing with him data
on how we made PCBs. We shared with him
diagrams, charts.
Do you recall when you first had dealings with Mr. Crockett on a PCB
issue?
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1 A.
The best I can do is early 1970.
es
1 by Dr. MyerB?
86
2 Q.
Okay. Did you review this document with
2 A.
He did, yes.
3 Monsanto's attorneys when you were
3 Q.
Did he convey it personally?
4 consulting on getting ready lor this
4 A.
Yes.
5 deposition?
5 Q.
Page four of that document, the last
6 A.
This Exhibit Nine?
6 page, talks about fish, mud, and water
7 Q.
Yes.
7 sampling. And it states, "Since our
e A.
No.
8 fish samples from nearbv Choccolocco
9 Q.
The last sentence of that first
9 Creek also, showed high levels of PCBs,
10 paragraph, on the first page, says, "Dr. 11 Myers, Director of Public Health of 12 Alabama, wants toxicity information on 13 PCBs, and this will be conveyed
10 11 12 13 A.
we are instituting more samplings to determine the extent of the problem. Do you see that? I do-
14 personally to him by Jack Garrett next
14 Q.
Was that ever done?
15 week.' Do you see that?
15 A.
Certainly.
16 A.
I do.
16 Q.
When was it done?
17 Q.
And Mr. Garrett, you told us, vss
17 A.
Following the date of this memo, on into
18 involved in Monsanto's medical
18 ' 71.
19 department; is that right?
19 Q.
Okay. Do you know what the results
20 A.
Tes, that is correct.
20 were?
21 Q.
Do you know if he ever conveyed the
21 A.
I don't remember them offhand, sir.
22 information that was requested, the
O
22 Q.
That's fine. Okay. We are done with
23 toxicity information that was requested
23 Papageorge Nine.
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0
87 And let me just identify it for the record. It is a September 6th, 1970, memorandum from W. B. Papageorge, St. Louis, to numerous people, beginning with Cameron, C-a-m-e-r-o-n. It bears Bate's number DSW 013975 through DSW 013987. If I could get -- -
(Plaintiffs' Exhibit Number Ten was marked for identification.) Before I ask you something about the document, the list of people you sent this document, who is P. S. Park? He used to be one of Monsanto's attorneys. Was he the head of the legal department?
Was he the attorney who worked on the PCB matter? As part of his assignment, yes. Okay. If i could direct your attention to page nine of the memorandum bearing Bate's number DSW 013983.
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I have page nine.
88
This discusses Anniston. And it
reflects that in August 1970 the Aroclor
losses in the plant effluent increased
to a level of seven thousand two hundred
eighty parts per billion, equal to
eighty-eight pounds per day; iB that
.
correct?
Yeah. I found that in the second
paragraph, yes. Okay. That'B all I have on that.
We are going to mark for
identification as Papageorge Eleven a
memorandum dated September 15th, 1970, to Mr. Wright, from Ov- Tnr-v*r
recipients are Papageorge, Wheeler,
Blash, Garrett, Keller, and Hodges.
(Plaintiffs' Exhibit Number Eleven was marked for
identification.) I will ask you to take a look at it, if
you could.
I have scanned the exhibit.
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89 Thank you. This document - - The subject of chis document is fish samples from the Coosa River, Choccolocco Creek collected 6-9-70, correct? Correct. And this reflects that fish samples taken in February 1970 -- no -collected in August 1970 were as high as thirty-three point six parts per million for Aroclor 1246 and sixty-four point oh parts per million for Aroclor 1254; is that correct? You are referring to the highest number for each type of Aroclor? Yes. Well, they are on the page, yes, sir. Okay. And in fact, the thirty-three point six -parts per million of Aroclor 1248 was for a sample of catfish ten miles upstream from Choccolocco; isn't that right? That's what it indicates, yes, sir.
(Plaintiffs' Exhibit Number
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91 Mr. Bell was at the Anniston plant in part of the analytical laboratory, and I'm trying to recall. At some point in tir- he was closely related with Mr. E. G. Wright in terms of supervision and activity monitoring. Okay. This memo is marked confidential, correct? That's what it shows, yes, sir. The firBt sentence states, "In reviewing your proposed letter to Joe Crockett with legal, et al., we requested latest emissions data on flow to Snow Creek."
Do you know what letter he is referring to? I don't recall any draft of any proposed letter. I just don't recall that. Do you know why -- I know you don't recall the letter, but do you know why a proposed letter to Mr. Crockett would be reviewed with legal? Again, this is an example of the author's perceptions and his judgment
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Twelve was marked for
90
identification.)
MR. PECK: It looks like it should
only be one document.
MR. ATKIN: Yes. Thank you. This document, while you're looking at
it is, for identification, a September
18th, 1970 memo from Paul Hodges to Toby
Bell, Anniston, with seven recipients.
Mr. Papageorge being one of them.
I have read the exhibit.
Okay. Who was Mr. Savage?
Mr. Savage was the member of the organic
chemical division's manufacturing group
who was assigned the Anniston plant as
some of his responsibilities.
Okay. Who was Mr. Hosmer?
Mr. Hosmer was Mr. Savage's supervisor. He was the head of that group.
Okay. Which also included the author.
Mr. Hodges.
Okay. Who was Mr. Bell?
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92
regarding what iB confidential and what
isn't.
Okay. Do you know who the et al. is
reLCxl***L[
oucn *<-
111 4.0 a-C*
your proposed letter to Mr. Crockett
with legal, et al."?
I would be guessing.
I don't want you to guess.
Was it customary for Monsanto's
management to review proposed letters
regarding PCBs to government officials
with the legal department?
Not customary, no. Again, it depended
on the person putting it together and
whether he felt he ought to consult with
anyone or do it on his own.
Okay. Mr. Hodges says, "We had hoped
that it" -- This is referring to the
latest emissions data on the flow to
Snow Creek. "We had hoped that it might show an improvement over the first week
in September and thus demonstrate a
favorable trend to Crockett. Instead,
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93
Che emissions are considerably
increased, with 9-13-70 at six point two
five parts per million, or about eighty
pounds of PCBs for the day." Do you see
that?
I do.
That level was considerably above what
Monsanto had targeted by September 1970;
isn't that right?
That is correct. Okay. In the next sentence Hodges says.
From the legal standpoint, there is
extreme reluctance to report even the
relatively low emission figures because
the information could be subpoenaed and
used against us in legal actions."
Do you know, sir, if Monsanto in
fact reported the September 1970 PCB
emissions data for Snow Creek to
Mr. Crockett?
Well, eventually it was. know tH#* Hat#
But I don't
What do you mean by eventually? How
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No, 1 didn't. I believe I had
95
discussions, but they were related to sampling and analytical methodology,
which always resulted in different
numbers every time. It was difficult to pinpoint the numbers.
Is it fair to say, Bir, that Monsanto
had a lack .of control over the PCB
problem throughout the history of the
Anniston plant?
Lack of control, no, sir. We did a
better job than any industry has ever
done with any chemical.
1
Okay. Let's mark this for
identification as Papageorge Thirteen.
For identification purposes, this is a one-page memo or letter from
Mr. Foresman, F-o-r-e-e-m-a-n, to Mr. Engman, with multiple recipients. including Mr. Papageorge.
(Plaintiffs' Exhibit Number Thirteen was marked for
identification.)
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' 94 long after this memo was written? Within a few weeks, a month, before the end of the year. You remember that? Yes. There is continuing dialogue. Okay. To your knowledge. Mr. Papageorge, did Monsanto ever withhold information regarding PCB emissions data from any governmental agency? No, sir, not to my knowledge. Mr. Hodges states -- goes on to state. Obviously, having to report these gross losses multiplies enormously our problems because the figures would appear to indicate lack of control." Do you see that? I do see it. Did you ever have any discussions with Mr. Hodges or Mr. Bell about the fact that the PCB losses to Snow Creek appear to ir.dioo.to look of rtr.fr:l by ----------to the PCB problems?
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96
Do you see that?
I do, yes.
This memo discusses air sampling that
was done at the Krummrich Plant; is that
correct?
It relates to air sampling, proposed air sampling program at the plant.
At the Krummrich plant?
The Krummrich plant, yes.
Were air samplings ever done at the
Anniston plant?
Yes. Okay.
When?
We took some samples, as I remember, in 1970.
Okay. took?
Do you know how many samples you
I don't remember now. We took enough to assure ourselves that the releases were below the acceptable for the worker who
iB right on top of the fuming tank, so
to speak. And then the air program, the
technology for developing the sampling
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97 of air was transferred to the Krummrich plane co develop the technology. And then the intent was to share that technology with anybody, including the Anniston plant. Okay. You say that the samples were done in 1970 to the best of your recollection, correct? Some sampling was done at the Anniston plant, yes.
any samples done at the Anniston plant after 1970? I'm hesitating because the unit was shut down in ' 71. which unit? The PCB unit in Anniston was 6hut down in *71. I think it was about the middle of the year. So the technology that was developed at Krummrich did not get a chance to be implemented at Anniston before the unit shut down. Okay. Do you know if air samples were ever done in Anniston, outside the
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report, correct?
99
That's what it indicates.
Okay. Who was Mr. V. R. Haupt?
He was a member of the Anniston plant's
technical services department and headed up one of the engineering sections.
Okay. And what were his
responsibilities?
They included the supplying of any technical information relating to
modifying equipment, purchasing new
equipment, preparing projects for
approval of funds to do these
engineering types of activities.
Okay, do you know why Mr. Haupt
designated this report as confidential, read and destroy?
Again, author's judgment. Did you destroy the memo after reading it? Who?
You. Yes.
You did receive it, didn't you? I didn't destroy it.
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98 plant? No. Because the samples taken right near the source of the PCBs showed us that safe levels were there, and we couldn't imagine that they would be any worse at a distance from the plant. okay. So the answer is no? That is correct.
(Plaintiffs' Exhibit Number Fourteen was marked for iitntifientiun.; MR. ATKIN: Is that Papageorge Fourteen? MR. PECK: Uh-huh (indicating yes) . For the record, for identification purposes, Papageorge Fourteen, is a monthly report from the technical services department for October 1970, bearing Bate's number DSW 013900 and DSW 013901. I have scanned the exhibit. Thank you. You received a copy of thie
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100 Did Monsanto have a policy at that time. in October 1970, about destroying documents that were generated internally? They had a records retention program. based on some parameters, on how long to keep certain kinds of documents. I don't know if that's what you are referring to. There was a booklet issued to employees that was supposed to guide them as to how long you keep files. Okay. And do you recall reading that booklet? Oh, yes. Did that booklet have a policy in it regarding retention of documents that had been labeled "read and destroy"? I don't recall such guidance, no. In this report, in the first paragraph. Mr. Haupt reports that there were four high daily values of the PCB levelb in the sewer of the Anniston plant, from
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101
one thousand to four thousand parts per
billion. Do you see chat?
I see it.
Do you recall having any discussions
with anybody at Monsanto about this
memo?
Not any more than the normal discussions
I have with most memos. Nothing stands
out here in my memory. (Plaintiffs' Exhibit Number
Fifteen was marked for
identification.)
I have reviewed the document.
Okay. This is Papageorge Fifteen --
thank you -- for identification. And it
is a memorandum dated October 7th, 1970,
apparently written by Mr. Savage.
That is correct.
And directed to your attention; is that
correct?
Correct.
And this discusses the September 1970
PCB levels in Snow Creek from losses
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103 What iB the target they were shooting for? As I remember, we were all shooting for ten parts per billion based on the ability of the analytical technology to detect that with confidence. It is not based on any other consideration, only the ability to measure and believe the number when you got it.
MR. ATKIN:. Okay. Okay. Why -It is all right. It is only one page. Adam, could we just get copies of these two documents, if we could? Thank you. That will make it easier for everybody.
mr. PECK: Off the record. MR. ATKIN: off the record.
(Discussion held off record.) (Plaintiffs' Exhibit Number Sixteen was marked for
identification.)
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r: -
1U 2
1 from the Anniston plant; is that
2 correct?
3 A.
That is one of the subjects, yes.
4 Q.
And it reports that the average PCB lose
5 for the month of September 1970 was high
6 at twenty-Bix hundred parts per billion
7 or thirty-two pounds a day. Do you see
8 that?
9 A.
I do.
10 Q.
And it reflects that the PCB levels in
11 Snow Creek were still very high in
12 September 1970, doesn't it?
13 A.
Well, this is the author's comparison of
14 the finding of twenty-six hundred part6
IS per billion, with Borne target that was
16 lower than that that they were shooting
17 for. So this is where the description
16 high" comes from.
19 Q.
That is the author's description? That
20 is Mr. Savage's description?
21 A.
Certainly it's his, but it's based on
22 what the plant and Mr. Savage had all
23 agreed in shooting for a target.
1
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104 Mr. Papageorge, I show you a document, one page, bearing Bate's number DSW 014091. This is a document to W. F. Taffee from E. G. Wright. Mr. Wright you have already told us about. Who was Mr. Taffee? Mr. Taffee was a member of the technical services department at the Anniston, Alabama plant, to whom Mr. E. G. Wright reported. Okay. Have you ever seen this memo before? I note that you are not a recipient. I don't recall this memo, but I recall the information that it contains. Okay. Towards the middle of the memo -this is probably the information you are referring to -- Mr. Wright says. "Several samples have been collected from the ditch upstream from the Bump." And it gives the results which show chat there were sixty-four thousand eight hundred parts per billion of PCBs, 1242
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105 only, on October ISth, 1970; thirty-five thousand parts per billion of 1242, only, on October 21st; and twenty-eight hundred parts per billion of 1242, only. on October 22nd. Correct? Yes. Do you know what ditch it is referring to? This is a newly constructed ditch at the landfill designed to collect rainwater, surface water. And not only was it designed to collect, but it also gave an opportunity to grab samples and see how well this ditch with the sump was working to keep the PCBs from going anywhere. Okay. And it reflects that the samples taken on October 15th and October 21st from the ditch contained visible PCBs; is that correct? That's what it says. Apparently they saw something other than crystal clear water.
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107
biphenyls and Aroclore that were
chlorinated terphenyls.
Okay.
And the idea was to communicate with the
Alabama authorities the chlorinated
biphenyls, not to confuse the picture
with this other line of products.
I'm talking within the chlorinated
biphenyl group. Do you recall seeing
any memoranda, letters, anything, or
having any discussions with anyone
regarding the reporting of only certain Aroclors within that group to the
.Mtbtr.t Kttcr Improvement Commission?
I remember the distinction made between
the polychlorinated biphenyls and the
monochlorinated biphenyls. you have in mind?
Is that what
There was one of the -- Aroclor
1221 is a -- strictly speaking, a
monochlor biphenyl. it doesn't really
fit under a PCB category. Okay.
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1 Q.
Okay. That's all I have on that.
2 Did there come a point in time.
3 Mr. Papageorge, that Monsanto began
4 reporting daily -- daily PCS losses to
5 the Alabama Water Improvement 6 Commission?
7 A.
Yes.
8 Q.
Do you recall when that was?
9 A.
Starting at about the time of these
10 memos, the middle to latter part of
11 1970 .
12 Q.
And what Aroclor losses were reported,
13 14 A.
for which Aroclors? Any that the analysts detected.
15 Q.
Okay. Do you recall seeing any
16 memoranda, internal memoranda, stating
17 ' that Monsanto would only report certain
' 18
Aroclors to the Alabama Water
19 Improvement Cotmission?
20 A.
The only memo of that type or only
21 incident of that type that I recall was
22 the attempt to clarify the difference
23 between Aroclors that were chlorinated
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108 I remember some reference to that kind of distinction. I don't know if that is what you had in mind or not. Okay. Let me hand you a document that we will mark for identification as Plaintiffs' Exhibit Seventeen, a one-page memorandum to yourself from Mr. Mason dated October 1st, 1970, bearing Bate's number MONS 098219. Okay?
(Plaintiffs' Exhibit Number Seventeen was marked for identification.) 7cd. I'm sorry. I should look up every once in a while. Who is Mr. Mason? Mr. Mason was an assistant general manager in the organic -- I'm sorry -in the -- at that time -- I'm trying to remember. There were so many company reorganizations. He was an assistant general manager in the Monsanto Industrial
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109 Chemicals Company. Okay. This memo discusses the problem of PCB contaminated fish at Anniston, correct? . Yes, it does. And in the second paragraph, Mr. Mason states, "I think it would be useful if you and I could tour Anniston to discuss the subject in more detail, both with our consultants and with the plant personnel involved."
Do you recall touring the Anniston plant with Mr. Mason to discuss the problem? Yes, I do, very much. Okay. Who are the consultants he is referring to? I'm trying to remember their names at the time. We had some fish experts, I'm going to call them, ethologists from Tulane University helping us. Do you recall their names? Suttkus and Gunning, if my memory serves
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me right. Gunning and Suttkus.
110
In the first paragraph of this
memorandum, Mr. Mason says chat, *He
thought it would be useful if w
additional information on the exact
location of PCB deposits and have a
better idea of where the fish are
picking up this materi;.,;." Do you see
that?
?
Yes, I do.
Did you ever provide Mr. Mason with the
information on the exact location of PCB
deposits?
We thought we were, but Mr. Mason needed
some more touring, and this was his way
of getting personally exposed to the
site and the situation.
Okay. Did you ever get a better idea of
where the fish were picking up the PCBs,
as discussed in this paragraph?
I don't think I personally got a better
idea. It may be that Mr. Mason did. I
can't evaluate that.
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Ill
What was your idea?
My idea was that the fish obviously were
in an environment, in a situation where
PCBs were present, and it was found in
their tissues because they consumed it.
Okay. Did you ever consider the
landfill as a source of the PCBs that
the fish had consumed?
No. I found that very difficult, to
look at that landfill and associate that
with the places these fish were taken.
Just -- I couldn't do it. I didn't have
any information to help me there.
.
Okay. Just so that -- I think we
covered this already, but I just want to
make sure I'm absolutely clear on this.
Monsanto never took air samples --
PCB levels from the air anywhere outside
the Anniston plant; is that correct?
That is correct.
This is Eighteen.
While Mr. Peck is putting the
designation on, let me just for the
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112 record indicate this is a two-page document bearing Bate's number DSW 013117 through 01311B.
Apparently the first page is a cover slip from the deek of Mr. Papageorge, dated 12-8-1970, and the letter underneath is dated December 7th, 1970.
(Plaintiffs' Exhibit Number Eighteen was marked for identification.)
This is a memorandum addressed and written by Mr. Papageorge; is that correct? Correct. To Mr. Savage? Correct. Okay. In this memorandum you state that one of the important objectives of the PCB control program was to control the losseB of PCBs in Monsanto's plant through the waste water effluent to fifty parts per billion by January 1st,
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113 1911, and ten parts per billion by September 1st, 1971, but that in November 1971 Anniston had fourteen hundred and ten parts per billion in its waste water effluent, correct? That's correct. So two months after the date Monsanto had targeted to get the PCB levels in the plant's waste water down to ten parrs per billion, the plant was in fact experiencing PCB losses of one hundred and forty times greater than the targeted amount. Isn't that correct? No, sir. That ten parts per billion was targeted for 1971. This is referring to November 1970. I'm sorry. Excuse me. Also you say - You also say, "Because of the seriousness of the PCB problem, this level of performance cannot be allowed t: continue.* What lid you mean by the seriousness of the PCB problem? Its presence in places that we never
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greater than the targeted level for
115
January 1971; isn't that right?
That is correct.
By the way, did Monsanto ever set a
specific target for the quantity of PCBs that would be tolerated in the plant in
the ambient air, atmospheric
concentration of PCBs?
Monsanto didn't set that. The American
Conference of Industrial -- I mean of Governmental Industrial Hygienists set
the standard for the amount of PCB
vapors in the air that a person should be exposed to during his normal
eight-hour working day, five days a week, for a lifetime of exposure.
Do you recall what that level was in or about January 1971?
For the PCB that represented Aroclor
1242, it was one milligram per cubic foot of air. Okay.
And for the PCB that was a similar to
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suspected was perceived to be
114
unacceptable, and we were trying to
reduce the opportunity for PCBs to get
there in the future.
Okay. I hand you what will be marked as
Papageorge Exhibit Number Nineteen. For
identification purposes, this is the
Bummary of the January 1971 technical
services department monthly report.
bearing Bate's number DSW 013907 and
013908.
(Plaintiffs' Exhibit Number
Nineteen was marked for
identification.)
Have you had a chance to look at that?
Yes, I have.
This memo reflects -- This monthly
report reflects that in January 1971
Aroclor losses were three hundred seven
parts per billion or one point eight
uiy, Luuecuc
Yes.
Okay. And that was still six times
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116
Aroclor 1254 --
What do you mean by similar to 1254?
Chemically it contains those types of
PCBs that are in this commercial mixture
which Monsanto called Aroclor 12S4.
Thank you.
The vapor for such a mixture was limited
by this group of industrial hygienists.
By the HCGIH?
HCGIH, to a half of a milligram per
cubic meter of air. I believe that's
the standard that exists today.
MR. PECK: Just for clarification,
I first heard you on 1242 --
you said one milligram per
cubic foot of air.
THE WITNESS: meter.
I'm sorry.
Cubic
MR. PECK: In the second you said
point five per cubic meter.
THE WITNESS: All of the units are
in metrics. So it's
milligrams and meters.
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117 MR. ATKIN: Thank you for
clarifying chat. We will mark for identification purposes, as Exhibit Twenty to your deposition, a document bearing Bate's number MONS 098414, dated January 29th, 1971. It appears to be a memorandum from Mr. Papageorge to Mr. Savage, with several recipients.
(Plaintiffs' Exhibit Number Twenty was marked for identification.) I have read the exhibit. Okay. By January 1971, you had concluded that high levels of PCBs would continue to exist in the plant waste streams because of the PCBs trapped in the soil and the sewer system, correct? That is correct. Okay. What did you mean when you said that high levels would continue because of the PCBs trapped in the soil? What I had in mind was the fact that
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119
sources can be economically
impractical." Do you see that?
1 do.
What did you mean by that?
I was theorizing in a way what kinds of
technology could be applied to extract
the PCBs in soil. And with my quick.
off the top of head kind of study, I visualized that this could be a
monstrous taBk in terms of equipment and
successful achievement. So I quickly
extrapolated that into an economic kind
of thought, and I was hoping that by
getting others involved we could get
perhaps a different perspective that
could still get to the solution without
my high costs estimates, which were, as
I said earlier, not based on any highfalutin calculations or science.
It
was just a gut feel I had that this could be a monster.
Okay. You also concluded Chat the PCB
contamination in the plant was so
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lie PCBs tenaciously hang onto soil particles like little magnetB. And since they aren't destructible in the environment, they will be there forever. such that any time a water flow occurs in this soil, the chances of that soil. with its PCB being transported, will remain. And later if a sample of that contaminated water iB taken, sure enougn, hubs win pe round in it. Which soil were you referring to? Well, this was soil in the plant where previous contamination had occurred. like an overflow of those neutralization pits, for example. Okay. And what did you mean when you said that the PCBs were trapped in the soil? It is another way of expressing my magnetism the PCB has for surfaces, clinging to them. In the last sentence of the second paragraph you state, "Cleanup of these
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120 widespread that all of the plant's effluents must be treated; is that correct? Yes. And that this would result in a system more complex and costly than anyone had anticipated, correct? Yes. You also said the type treatment needed approaches tertiary treatment -- that's t-e-r-t-i-a-r-y -- which at Krummrich is scheduled for completion by 1973.
What did you mean by tertiary treatment? There was at the time a proposal made by the technical community in Monsanto, which included researchers in the engineering department, to subject any contaminated soil to a three-step process. That is where the word "tertiary" came from.
I at this point in time don't recall all of the details. But it
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121 involved dissolvents to extract. It involved exposing it to a temperature to drive off PCBs. And I forget the third approach. Nevertheless, there was a plan to introduce this at the Krummrich plant. And was this in fact introduced at the Kruramrich plant? No. Do you know why not? It was determined to be impractical, and the need was never established. When you say impractical, what do you mean by that? Do you mean economically? Economically impractical for the perceived benefits when the problem up front was never really determined, why do this, what is the harm. We never were able to pin that down. Presence is one thing; harm is totally different. Okay. You then propose that one pound per day of PCBs in the water effluent be achieved by September 1971 in Monsanto's
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123 (The deposition was continued
to April 1 at 9:00 a.m.) THE VIDEOGRAPHER: Beginning of
tape three. THE COURT REPORTER:
Mr. Papageorge, I will remind you you are still under oath. (By Mr. Atkin) Good morning, Mr. Papageorge. Good morning. How are you today? Fine. Yesterday you told us that you are now a self-employed consultant, correct? That is correct. Do you do work, for Monsanto as a self-employed consultant? No. Okay. What type of work do you do as a self-employed consultant? It is generally of a technical nature involving engineering principles, Borne chemistry, and advising those with whom
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122 plants and one pound per day to the air by the end of 1971, correct? Correct. Were those levels in fact achieved by those dates? Well, the Anniston plant, as you recall, was shut down. So the remaining plant -When was the Anniston plant shut down? As best I remember, about May or so of 1971. Now, the Krummrich plant -- They did achieve it, but I don't recall the date anymore. Okay. You based your proposal -- your proposed levels on the fact that you believed that governmental agencies might tolerate those levels, correct? Yes.
MR. ATKIN: Okay. MR. PECK: Off the record just a
second. MR. ATKIN: Sure.
(Discussion held off record.)
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124 I am consulting to consider certain approaches, search for certain documents, supplying names of individuals who might be of further help. Okay. That type activity. Who do you consult for? Well, there are several here lately. A law firm. Smith, Helms, Mulliss and Moore. Is that in connection with the PCB litigation? Correct. Okay. Then I served as an expert witness, I believe is the terminology, for the Syntax Company on the west coast. What do they do? I don't propose to know everything they do. They are in pharmaceuticals. agricultural chemicals, and the like.
And then I also did some
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125 consulting lor the Chrysler Corporation as an expert witness. In connection with what kind of litigation? This involved the presence of PCBs in waterways around the Will Run plant. And I don't know all the legal ramifications. It appears there was scene dispute regarding who was responsible of the many operators in that facility, in that area. The work you did for Syntax Company, was that also in connection with a PCB matter? No. What kind of matter was that? Well, the issue was primarily one of the presence of dioxins generated at one of their plants in Missouri. Dioxins at a plant in Missouri? Yes. And what was the nature of your involvement in that case?
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14 Q. 15 16 A. 17 16 Q. 19 20 A. 21 Q. 22 23 A.
Okay.
127
I don't recall which company. But Syntax Company was one of the defendants in the case? Was the defendant.
The defendant. Okay. Where was that
case venued?
--
By venue you mean --
Where was it, what jurisdiction?
San Francisco is as close as 1 can --
Do you know if it was state court or
federal court?
x ix k^i.1 ' C kiiUMW l_XJ.alL. .
How about the Chrysler Corporation
matter?
That was up in the Detroit, Michigan area.
Do you know if chat was Btate court or federal court? I don't.
Do you know the name of the plaintiff in that matter?
Some of them. I can't propose to recall
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I was asked to give my opinions
126
regarding the role of the plant manager
in the operations of a chemical
producing facility.
Do you recall when you were involved in
that case?
1994, 1995.
Okay. And when did you do work as an
expert witness for Chrysler Corporation?
Chrysler Corporation was '96, as best I
remember.
Did you testify in either of those
cases?
In court? Did you give a deposition?
Depositions, yes.
In both cases?
Yes. Okay.
Do you know where the Syntax
Company matter -- Well, first of all, do
you know who the name of the plaintiff
in that case was?
It was an insurance company.
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128 all. As I remember, there was -General Motors was involved. Of course. Chrysler was a defendant -- Well, all of these were defendants: General Motors, Chrysler, the operator of the airport, the air field, the air terminal next to the operating facility. I just don't remember all the others. Okay. You say that you have done -Withdrawn.
Other than the litigation -- the consulting work you did in connection with the litigation tor Syntax company and the consulting work you did in connection with the Chrysler Corporation matter in Detroit, Michigan, do you recall the names of any of the other companies that you have done consulting work for? No. There weren't any others. Those are the only two? Including the law firm I mentioned earlier.
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129 How long have you done consulting work -- What firm waB that? Smith., Helms, Mullies, and Moore. How long have you done consulting work for Smith, Helms? The activity started in the middle of 1987. What type of work have you done for them? It was primarily -- I'm going to use the word "tutorial approach." And in the earlier periods, in every case it involved the introduction to attorneys who had no background regarding PCBs. So I played the role of, in laymen's terminology, trying to get them familiar with the chemistry, the manufacturing procedures, the uses of the materials. why they were so used, and of course some idea of Monsanto's role in the PCB situation and my impressions regarding the overseas producers. What do you mean by the overseas
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131
Yes.
Okay. You haven't done work directly as
a consultant for Monsanto since you
retired; is that correct?
That is correct.
And you began as a consultant in 1967;
is that correct?
... .
That's correct.
How much have you been paid per year in
connection with your consulting work
that you have provided to Smith, Helms?
I'd suggest about one hundred thousand a year.
Since 1967? Yes.
And how much have you charged -- or how
much did you receive in connection with
the consulting work you did for Chrysler Corporation?
Two hundred fifty dollars an hour.
Any idea how many hours you put in on that matter?
I don't recall the hours. As best I can
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130 producers? Who are you referring to? I'm referring to the PCB producers in Europe and in Japan. Okay. Now, you say from - - t-var r>awas your involvement -- your time as a consultant with Smith, Helms was a tutorial approach at the beginning. Has that changed over time? Has that role evolved at all? It has evolved to a degree, primarily because their attorneys now involved are already pretty well tuned in on the situation. So my time spent in that kind of activity has been reduced. And now it revolves primarily around the recollection of activities and people and documents that they're looking for and can't seem to find or can't identify. And I try to help them with what I can recall regarding those questions. Still in connection with the PCB litigation; is that right?
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132 remember, it's about thirty thousand dollars total. Okay. And that is a guess right now. I don't have the numbers vividly in mind. Sure. And what about in connection with the Syntax Company matter? How much did you bill them for your services? A hundred and fifty dollars an hour. Any idea approximately how much the total bill was? Approximately forty thousand. Okay. You said you have received approximately one hundred thousand dollars a year for your consultation work in connection with Smith, Helms. Has that been for every year from 1987 to the present, approximately? I want to be sure I understand. Do you mean per year or total for the ten years or whatever? No. I'm saying per year. Yes.
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133 Do you gee a pension from Monsanto? Tee. How much does that pension come to annually? Annually about sixty thousand. Do you own any Monsanto stock? Yes. How many shares do you have? I'm trying to recall. About eighteen thousand. Have you been given any options on the acquisition of Monsanto stock? At what point in time? At any point in time. Yes. Okay. Tell me when. Starting in -- when I became director. environmental operations -- that is 1977 -- I began to receive option opportunities on an annual basis. Okay. And did you exercise those options? Eventually.
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1 Q. 2
Okay. When you say eventually, do you recall what year?
3 A.
As best I recall, the initial
4 opportunity to participate in the option
5 program gave me a six-year period. 6 holding period. So that would drive the 7 date in the 1963 point.
B Q. 9 10 A-
And that's when you exercised the option? ,, Not all of them. That firBt -- The
11 others all had what I'm going to call
12 waiting periods.
13 014
Okay. Have you exercised any options since 1987?
15 A.
Yes.
16 Q. 17
Okay. How many shares have you exercised options for since 1987?
IB A.
I just don't remember.
19 Q.
Approximate?
20 A.
Eight to ten thousand. That's very
21 approximate.
22 Q. 23
Were any of the options to purchase Monsanto stock given to you after 1987?
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No.
135
Other than the pension you receive from Monsanto, are there any other benefits
that you receive from Monsanto today? Medical insurance to back up my Medicare coverage.
Okay. Anything else? ____ ...
There is a life policy available to my
beneficiaries when I'm gone. Okay. Do you get a monthly retainer from Smith, Helms? Yes.
How much is that? It's been running eighty-five hundred a month.
And how long have you had that retainer? I'm not certain of the year. It's either 'BB or '89, somewhere in that area.
Through the present? Yes .
Now, if you -- Do you have an hourly billing rate that you bill Smith, Helms
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136 at? On occasion. Okay. And what is it on occasion? A hundred and fifty an hour. What would the occasions be? I don't know that we have clearly defined that. There are times when I am involved in an activity and I conmunicate I spent so many hours, and they know it's a hundred and fifty. So what they do back at the office accounting-wise. I'm not aware of. All I know is a check arrives, and it actually becomes a part of that retainer. So it's a way to help account for some of the activity. Okay. For example, in connection with appearing for depositions, such as appearing here today for a deposition, do you bill -- would you send Smith, Helms a bill for that time? No, no. So that would fall within the time --
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137 The time you spend would fall within the monthly retainer that you are getting; is that correct? That is correct. Okay. Okay. Let us mark as Papageorge Twenty-one, for identification, a three-page document, the first page bearing Bate's numbers DSW 013422 chrougn dsw UU424, che first page being apparently a cover slip from the desk of William B. Papageorge and the remainder being a document from Mr. Wright to Mr. Crockett.
(Plaintiffs' Exhibit Number Twenty-one was marked for identification.) Is that correct? Correct. And this document reports on the December 1970 Aroclor losses for Aroclor 1242 and 1254 from the Anniston plant, correct? Right.
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139
And when was that?
It was later in 1971. As best I
remember -- Let me think. The last
quarter, of '71 is as close as I can come
to it.
Okay. Did Mr. Crockett agree with
.
Mr. Wright's request that this data be
held as confidential material?
Yes.
And do you know why?
Well, it fit in with his own request
that he had made previously to us, that
we not share this data and let the Btate
agency decide when and how.
Were you ever privy to any conversations
with Mr. Crockett regarding the treating
of this data as confidential material?
By the word "privy," do you mean was I
present in the room when it was
discussed?
Yes.
I was not.
Who discussed it with him?
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138 And Mr. Wright asks that this data be held as confidential material. Do you know why he asked that? Yes. Why? It has to do with the confidence that had yet to be established regarding the ability of the analytical equipment to give accurate data. And as long as Monsanto was still in the process of -I'm going to use the term -- fine-tuning its method to the point where they had a lot of confidence in the analytical results, at that point the promise, as I recall, was made to the AWXC that we would inform them when that day occurs, and it was up to the AWIC then to do whatever they wanted with the data. Did Monsanto ever get the type of confidence in the analytical abilities of its equipment that you are referring to? Tes.
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1 A.
As I remember, the representatives from
2 the plant, Mr. Wright, the plant
3 manager, Gene Jessee, and Toby Bell.
4 Those names come to mind.
5 Q. . Okay. Did you participate in any
6 meetings in which Monsanto
7 representatives had discussions
.
8 regarding the fact that they were going
9 to aak Mr. Crockett to treat this data
10 as confidential material?
11 A.
No.
12 Q.
Okay. Okay. That's all I have on that
13 document.
14 (Plaintiffs' Exhibit Number 15 Twenty-two was marked for
16 identification.)
17 Q.
The next document is Papageorge
18 Twenty-two. For identification 19 purposes, it bears Bate's number DSW
20 013408 and DSW 013409.
21 I'd ask you to take a look at it.
22 if you could.
23 A.
I have read the document.
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141 Thank you. And you were a recipient of this document, correct? Correct. And this is a document reporting on the daily Aroclor 1242 and 12S4 losses from the Anniston plant for the month of March 1971, frcm Mr. Wright to Mr. Crockett, correct? That is correct. And in April 1971 the average Aroclor losses for Aroclor 1242 and 12S4 from the Anniston plant were four point three three.pounds per day, correct? You said April. This is the average for the month of March reported in April. I'm sorry. I meant March. Is that correct? That is correct for March. Okay. By the way, was your proposal that the PCB losses in the water and air not exceed one pound per day ever adopted by Monsanto? The proposal, yes. It was adopted as a
*
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143
Mr. Wright to Dr. Gerald Gunning,
correct?
That is correct.
And you were a recipient of this letter.
correct?
Correct.
And who was Dr. Gunning?
...
Dr. Gunning was a professor of fish
biology at Tulane University who had a
consulting firm and had done some
consulting for Monsanto.
Why was Mr. Wright sending Dr. Gunning
residue data from the March 1971 survey
of Choccolocco Creek fishes?
As part of his assistance to the plant
regarding fish in area waterways.
Dr. Gunning had taken some fish samples.
And these samples were sent to the St.
Louis Monsanto analytical center for
analyses. And the results we see here
were obtained by that laboratory.
Okay. Let's look at the results for a
i.. c could. I'd like for you
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142
2 Q.
Was that target ever reached at the
3 Anniston plant?
4 A.
I understand it eventually was, yes.
5 Q.
Do you know what "eventually" means?
6 A.
It was after the shutdown of the
7 PCB-producing facilities and the 8 dismantling of the facilities. And with
9 continued sampling and analyzing, it
10 eventually reached that point.
11 Q.
Any idea what year?
12 A.
I'm going to say early 1980s.
13 Q.
Okay.
14 A.
That's a guess on my part. I was not
IS involved.
16 Q.
Fair enough.
17 Q. Okay. We will mark for identification
18 Papageorge Twenty-three, bearing Bate's
19 number DSW 014796 through DSW 014800.
20 (Plaintiffs' Exhibit Number
21 Twenty-three was marked for
22 identification.)
23 Q.
And this is a May 24th, 1971 letter from
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144
to turn to DSW 014799.
This data shows that a6 of March
1971 some of the fish sampled in
Choccolocco Creek had as many as one
thousand seven hundred ninety-one parts
per million of PCBs, isn't that right.
if you look at sample number three?
.
I believe I see that number.
Okay.
I'm personally confused by this. I'd
have to study it a little longer. I Bee
two sets of numbers with each box, one
in parentheses and --
MR. PECK: I think the
parenthetical may be the
lipid weight, maybe the fat
analysis, and the
non-parenthetical may be the
wet. I'm not sure.
THE WITNESS: That is what I
assumed. It doesn't say
that.
Mk.
>\na i. cninx tne nuinoer
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145 he asked about was in Che parenchecical, which I think would have been the fat analysis. Is that your understanding as well? That -- Yes. Thank you. May I point out something? I haven't asked you anything else, so the answer ie no. It has to do with the parentheses. It is on the document. Okay. Thank you. Let's take a look at Paoageorge Twenty-four for identification. (Plaintiffs' Exhibit Number
Twenty-four was marked for identification.) For identification purposes, it is a two-page document. For identification purposes, Papageorge Twency-four bears Bate's number DSW 013395 through -Well, I'm sorry. It looks like
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147 Yes. And this document, again, is marked confidential, read and destroy, correct? Yes. And that would have been Mr. Haupt's determination, correct? Yes. And it reflects that the PCB losses during July 1971 averaged two point one four pounds per day or two hundred and forty parts per billion, correct? Yes. Ana tnat is more than twice the target amount; isn't that right? Would you repeat that last -Sure. That is more than twice the targeted amount; isn't that right? Correct. Okay. And that brings us to Papageorge Twenty-five for identification. For identification purposes, Papageorge Twenty-five bears Bate's numbers DSW 013302 through 013384.
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146 these might be -- probably should not be together, these two documents. I take that back. Let's just take the first page, take the front page of that document. I apologize for that.
So Papageorge Twenty-four is a one-page document. It is the technical services -- the technical services department monthly report summary for July 1971 bearing Bate's number DSW 013395. Have you had a cbanne rr> t ooy document? I have. Okay. And this is a summary of a monthly report from the technical services department for the current level of Aroclor waste for July 1971, correct? Correct. Prepared by Mr. Haupt, H-a-u-p-t?
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148
(Plaintiffs' Exhibit Number
Twenty-five was marked for
identification.)
I have scanned the document.
Okay. This report, the first page of
the report, discusses the fact that two
EPA representatives and Mr. Crockett
.
visited the Anniston plant to collect
several samples for PCB analysis from
the plant effluent and that they also
took samples from Choccolocco Creek,
correct?
Correct.
Did you participate in the meeting
between them and Monsanto?
No.
The next document, the next page, DSW
013383, says at the top, "Confidential.
This pollution control section is for
immediate information purposes only.
Detach and destroy upon reading. Do not
file." Do you see that?
I do.
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149 You were one of the people who received this memorandum, correct? y^ Did you destroy this document after reading it? No, eir. This came out: of my file, this copy. Okay. The next page, DSW 013384, the final page, it appears that the average losses of PCBe reported to the AWIC were less than the total average losses actually experienced by the plant; isn't that right? I Bee two numbers reported ae average pounds per day. Right. The higher number includes in it -Well -It is not clear. It appears to me -- Maybe we can figure this out together. It appears the total average, the first set of figures for parts per billion is thirty-two, and
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Were there other Aroclor mixtures manufactured at the Anniston plant? Yes. How many?
151
Oh, there were Aroclor 1260, Aroclor
1266, Aroclor 1232.
Any others?
-
That'B all I can recall.
MR. PECK: Did you say --
MR. ATKIN: I'm sorry?
THE WITNESS: I didn't mention
Aroclor 1221 because it was
not perceived as a PCB. it
was a monochloro biphenyl.
But Aroclor 1260 and 1268 and now 1232
were PCBs, isn't that right? Yes.
Okay. Thank you. that document.
That's all I have on
For identification purposes. Papageorge Twenty-six is a document bearing Bate's numbers -- two sets of Bate'8 numbers. We will use the one
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' 150 pounds per day is zero point two eight -I see that. -- for PCB losses. The next section Bays, "The average losses, which will be reported to the Alabama Water Improvement Commission, are as follows: Average pounds per day, zero point one two pounds per day, Aroclor 1242 and 1254," correct? I see that, yes, sir. So is that because Monsanto was only reporting to the Alabama Water Improvement Commission the PCB losses. average pounds per day for Aroclor 1242 and 1254? Yea. And why was that? Those were the major commercial PCB mixtures that were of interest, not only to Monsanto but literally everybody involved with the PCB environmental issue.
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152 with the first designation, which is NEV 093668 through NEV 093704.
(Plaintiffs' Exhibit Number Twenty-six was marked for identification.) I'd ask you just to take a look at it if you could. I should just tell you, I'm only going to be asking you questions about the first two pages, so that is all you really need to look at. I have reviewed the first three pages. Okay. One more than necessary. Have you ever seen this document before? I don't recall it at all. Okay. Did you know -- Were you aware that Monsanto, federal, and state authorities had collected sediment samples from eight different sites along a one and three quarter mile segment of Choccolocco Creek in 1983? I don't recall that at all. Okay. And the -- In the summary section, it gives the results of those
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153 Bamplee under gaB chromatography; is that right? Yea. And it says that PCB concentrations average nine point nine ug/g. Can you tell me what that means? Parts per billion. Is that reading above background levels? I'm sorry. Is that reading above background levels?
MR. PECK: Object to the form of the question.
I have no idea. September 28th, 1963. That's it for that.
And that brings us to Papageorge Twenty-seven for identification, which is a document bearing Bate's number DSW 015232 through -- I'm not sure. Well, we'll keep it together. 015272.
I think perhaps the last three pages might be a separate document.
MR. PECK: It looks like the first
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Have you looked at that?
155
I have. Okay. And this is a letter dated
January 15th, 1985, from Juanita Settine, S-e-t-t-i-n-e, supervisor of laboratories for the University of Alabama in Birmingham, directed to Mr. Geary, G-e-a-r-y, Allen, office of the attorney general in Montgomery, Alabama. Have you ever seen this document before? I have not. This document reports on the results of the University of Alabama's GC/MS analyses of samples taken by the attorney general on December 12th, 1984, correct?
The dace is correct, sir, but I don't know if the attorney general took the samples.
Well, the reason I say that is in the first sentence it says, "Enclosed are
che results of our GC/MS analyses of
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154 two pages are DSW 015232 and 233, and then it goes to a MONS number, 023540. MR. ATKIN: Okay. I see. Let us take off the first two pages and use those. Then maybe we will talk about the rest. MR. PECK: Okay. Although I suspect there was an enclosure to this document. because it says, "Enclosed are the results." And y'all may have just mixed and matched your documents somehow. MR. ATKIN: Okay. Thank you. I'm sorry(Plaintiffs' Exhibit Number
Twenty-seven was marked for identificacion.) So Papageorge Twenty-seven is now a document -- a two-page document bearing Bate's numbers DSW 015232 and 015233.
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156 your samples of 12 December 1984." When I say -- Apparently there was an analysis being done of samples, at least, that were provided by the attorney general, is that correct, by the attorney general's office?
MR. PECK: Object to the form of the question.
I would suggest Chat that implies that the supervisor of the laboratories received samples from the office of Mr. Allen, and she was reporting on the results of the analyses. You are correct. Okay.
Were you aware that the attorney general took samples for PCB analysis of soil from the Anniston area in npr/wiKor 1964? I was not. Okay. Do you see the results for the ditch at church 1310? I Bee that, yes. And those results are two hundred
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157 twenty-six parts per million of PCBs, correct? That is reported here, yes. Okay. Do you know what church it is referring to? No, I don't. In December 1984 the samples taken from Snow Creek, the ditch at church 1310, and a Monsanto ditch one hundred yards below galvanized pipe 1300 showed that PCBs were present ranging from twenty-seven parts per million to two hundred twenty-six parts per million, correct? That's what is indicated, yes. Were you aware of the results of those camples? No. I'm done with that. Thank you. The next document is Papageorge Twenty-eight, for identification.
(Plaintiffs' Exhibit Number Twenty-eight was marked for
158
1 identification.)
2 Q.
And this is a November 14th, 1983 letter
3 from Robert Thompson, of the United
4 States Department of Agriculture, Soil
5 Conservation Service, addressed to
6 Mr. Jerry Brown of Monsanto Agricultural 7 Products Company in Anniston, Alabama,
6 correct?
#
9 A.
That is correct.
10 Q.
And the letter is dated November 14th,
11 1983?
12 A.
That is correct.
13 Q.
Okay. Do you know who Jerry Brown is?
14 A.
Yes, sir.
15 Q.
Who is Jerry Brown?
16 A.
He is a Monsanto employee at the
17 Anniston, Alabama plant.
16 Q.
Do you know what his duties are?
19 A.
Through the years his duties did change.
20 As I understood it, in 1983 he was
21 '}
22
perceived to be the top individual relacing to environmental issues at the
23 plant.
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159 You were no longer at the Anniston plant at that time, were you? That is correct. Have you ever seen this letter before? I do not recall ever seeing it. okay. W<">--> you aware that the United States Department of Agriculture took Bamples from Choccolocco Creek for PCB sampling in 1983? I was not. So obviously you weren't aware of the results of any of those samples. correct? That is correct. Were you ever told by anyone chat in 1983 soil samples from Choccolocco Creek were showing results in the hundreds of parts per million? No. Between the early 1970e and early 1980s did Monsanto ever take samples from Choccolocco Creek? Yes. i remember some sampling on the
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160
creek.
When was that?
In the early '70s.
I guess what I'm trying to get at iB
between the -- Let me rephrase it.
Between the md.-STCj .
--j
19608 did Monsanto take samples from
Choccolocco Creek?
I do not know.
Do you know who would know that?
Middle '70s to -- The obvious answer
that comes to mind is the plant manager.
Who was that between the mid '70s and
early '80s?
I'm trying to recall. I believe
Mr. Jessee, Gene Jessee, J-e-double
b-double e. And I don't remember the
names of his successors.
Okay. Fair enough. Do you know if
Monsanto ever took samples from Snow
Creek between the mid 1970s and early
1980s?
I do not.
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161 Okay. What types of sampling, if any, did Monsanto do from the mid 1970s through the early 1960s to detect PCBa in soil in the Anniston area? I do not know. Do you know who would know that? The only name that comes to mind is -- a strong possibility is Mr. Brown and of course the plant manager in charge at the time. Okay. Can you just refresh my recollection? When did you leave the Anniston plant? The end of 1969. And did you return to the Anniston plant for any period of time on a regular basis? Not regular. I#ve had two-day visits, that kind of thing. Okay. What types of air samples, if any, did Monsanto do from the mid 1970s through the early 1980s to detect PCBs in air in the Anniston area?
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163 Okay. When was the last time you saw this document? withdrawn. Let me make it easier.
Did you review this document in connection with your meetings with counsel when you consulted in connection with -- for this deposition? With this deposition? Yes. No, sir. Okay. This document iB dated March 30th, 1970. It appears to be either a memorandum or a letter from Mr. R. Emmet Kelly -- Dr. R. Emmet Kelly, that would be, to W. B. Papageorge, correct? That is correct. Dated March 30th, 1970, correct? Correct. Who are the recipients of this letter? Who is H. S. Bergen? Bergen was my supervisor, the director of the functional products business group.
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I do not know.
162
Again, do you think that Jerry Brown
would be the person to be most
knowledgeable about that?
That's my strong suspicion.
Okay. What typeB of sampling, if any.
did Monsanto do from the mid 1970s
through the early 1980s to detect PCBs
in fish in the Anniston area?
I do not know.
And again, you think perhaps Jerry Brown
would be the most knowledgeable person?
I'd start with him.
Okay. We will.
Let us mark for identification
purposes Papageorge Twenty-nine. And
this is a document -- a one-page
document bearing Bate's number STR
029900.
(Plaintiffs' Exhibit Number
Twenty-nine was marked for
identification.)
I have reviewed the documents.
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164 And who was Mr. Minckler? Mr. Minckler was the general manager of the organic chemicals division in Monsanto Company under which the functional products business group reported. And Mr. Park was legal, correct? Correct. And Mr. Springgate? Mr. Springgate was Mr. Bergen's counterpart in the plasticizer business group. Okay. And you became aware from this memo that the Ohio Health Department had found PCBb, particularly Aroclor 1254, in samples of milk from at least three herds in Ohio, correct? That iB correct. Had you ever become aware before this memo of the possibility of milk being contaminated by PCBs? Yes. When?
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Early 1970, as best I recall. And bow did that come about?
165
I received a report of the findings of
milk in cattle in Georgia that was later
attributed to the fact that cattle were grazing under -- on land under power
lines. And these areas were sprayed with oils to discourage dense weed growth. And it was eventually determined that these oils contained PCBs in them. Okay. In seeing what's reported here.
oMc wealth Department traced the contamination to the PCBs in the paint in the silos, correct?
That is correct. Now, the third paragraph says, "All in
all this could be quite a serious problem, having legal and publicity
overtones." Do you see that? I do. What legal overtones was Mr. Kelly
concerned about?
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167 to use any Aroclor in any paint formulation, that contacts food, feed, or water for animals or humans? I think it is very important that this be done." Do you see that? I do. Before this incident in Ohio,' did Monsanto ever consider telling its customers not to use PCBs in any paint formulation that contacted food, feed. or water for animals or humans? At this point in time there was serious consideration given to those very thoughts of PCBs in relationship to food for animals or humans. When you say at this point in time, do you mean after receipt of the memo. before receipt of the memo? Before. We were in the process of coming up with a PCB phaee-out program. Dr. Kelly was not aware of that activity. So what he was proposing was already being seriously considered and
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MR. PECK:
166 Object to the form of
the question.
I don't know. You'd have to ask
Dr. Kelly on that. That's his -Did you have any legal overtones you
were concerned about when you received
this memorandum?
The only overtones I gathered is when I read Dr. Kelly's reactions, and that brought the thought to my mind. Do you know what publicity overtones
Dr. Kelly was concerned about?
I dc not. Did you have any publicity overtones
that you were concerned about when you
saw this memo?
I don't recall ever being overly
impressed with publicity so much as
trying to explain the presence of PCBs
in that particular situation. Okay. The last paragraph states, "This brings us to a very serious point. When
are we going to tell our customers not
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168 resulted in Monsanto's program that was
announced in -- oh, in a couple of
months after that, about May of 1970 or thereabouts. Early summer is the best I
can recall now. And the part I have in
mind here is that reference to the termination of sales of PCB6 to the open
uses, including paints.
.
Okay. After you received this memo, did
you discuss its content with Dr. Kelly?
Oh, yes, yes.
Okay. Do you recall the sum and substance of the conversations you had? Oh, he was certainly surprised that we were thinking the way he was, let's
stop. Did you discuss it with anybody else?
MR. PECK: The contents of this memo?
MR. ATKIN: Yes. Well, I recall mentioning that I had
received the memo and that they.
Mr. Bergen and Mr. Springgate, had
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169 received copieB of it, and these two individual* were part of the discussion of phasing out PCB sales. All we did
was touch base with each other that
things were going quite well, the way we
hoped they would. Did Monsanto ever tell its customers not
to use Aroclor in paint formulation that
contacts food, feed, or water for animals or humans?
There was a reference, as I remember, on a label about keeping it away from animal feed and human food.
Do you remember when, when these labels were issued that had that specific warning? I don't know specifically, '71, about
'71.
MR. ATKIN: Okay. have.
That's all I
MR. PECK: Why don't we take a
quick break?
MR. ATKIN: Sure .
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part of this consulting
171
service.
MR. ATKIN: Okay.
THE WITNESS: But the minute I'm
under oath, the pay stops.
It's not reported.
MR. ATKIN: OkayThat's fine.
THE WITNESS: I don't know if I
made that clear earlier. And
the more I thought about it. I thought I better reiterate
it.
MR. ATKIN: I thought that is what you meant. That's fine.
Thank you for clarifying. (Plaintiffs' Exhibit Number
Thirty was marked for
identification.)
Let me show you Papageorge Thirty for identification. This is a two-page
document dated February 10th, 1967,
apparently a letter from Dr. Kelly to Mr. D. Wood in London. And it bears
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170 (A break was taken.) The WITNESS: I'a njce to review briefly what we talked about in retainers and what I get paid for and what I don't. MR. ATKIN: Well, I'll tell you what, your counsel will have a chance to ask any questions of you when I'm done and -'THE WITNESS: I may have answered correctly. The more I thought about it, I wondered if I heard you correctly, sir. Because I wanted to make sure that it's understood I don't get paid when I'm under oath. That's about as clear as I can make it. MR. ATKIN: Okay. THE WITNESS: But in preparation. like I met with the attorney last week or so, that time is
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172
Bate's number NEV 0237645 and NEV 0236 --
MR. PECK: I think you Baid that
wrong. MR. ATKIN: 023645?
MR. PECK: Yeah. And NEV 023646. I'd ask you to review
that if you could.
I have reviewed the exhibit.
Okay. Who was Mr. Wood? Mr. Wood was a Monsanto employee in the marketing department working out of
Brussels, Belgium.
Okay. Was he responsible for the marketing of Aroclor products?
He was one of several, yea.
Who else was responsible for marketing
Aroclor products? Oh, I don't know the whole team.
They
had Europe and Africa divided into
areas. I remember a Don Cameron. Okay. Who was responsible for marketing Aroclors in the United States at or
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` 173 ' " about this time period? There were two individuals. Don Olson was responsible for marketing of the functional fluidB products. And Walter Schalk, S-c-h-a-l-k, was responsible for the marketing of PCBs in plasticizers. Okay. Who are the folks who are CCed on this memo; do you know? Mr. Buchanan? Mr. Buchanan was a marketing representative working out of St. Louis. As best I recall he was at that time in plasticizers marketing. I do not recognize the other three names listed. Okay. Did you ever see a copy of this before? Yes. And when did you see it? I first saw copies of this document when I underwent my tutorial with Elmer Wheeler of Monsanto's medical department in early January or February 1970. What was that tutorial about? Mr. Wheeler was bringing me up to date
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175 in the states when the various technical and lay news media pick up the subject. This is especially"`-- Well, let me just stop there.
Do you know what Dr. Kelly meant by that paragraph?
MR. PECK: Object to the form of the question.
Anybody reading could -- Dr. Kelly was concerned that the sketchy kinds of information that he was hearing regarding PCBs that was unconfirmed and hadn't been thoroughly studied might get into the news media, the public press and all and really create concerns that "o'-ld net be justified. Okay. And did he discuss those concerns with you? Yes. He was concerned about health effects that weren't proven, allegations that were being made with no basis. Allegations regarding what? A specific, the fact that some of the
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1 on what was known about PCBs as of
2 January 1970.
3 Q.
Okay. And that's when you first saw
4 this document?
5 A.
6 Q. 7 6 A. 9 10 11
Yes. Do you recall any discussions with Mr. Wheeler about this document? Of course not word for word, but in essence this document was Mr. Wheeler's way of bringing up the subject of how PCBs were being found in environmental
12 samples at a Swedish laboratory and how 13 Monsanto received the first information
14 regarding that study.
IS Q.
That was a study done by Jens sen?
16 A. 17 Q.
Yes. Okay.
This memo reflects that by 1967
18 Monsanto was getting concerned about
19 PCBs in the air and in fish and other
20 living reservoirs, correct?
21 A. 22 Q. 23
Correct. The third paragraph states, "We are very worried about what is liable to happen
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176 symptoms that were later attributed to
DDT were being automatically, if you
will, transferred to PCBs, without any
real scientific support for that
conclusion.
Okay. Anything else?
That's just an example. I don't
remember all the -The other allegations that he was
concerned about? Correct.
Would you go to the second page, NEV
023646, the last paragraph? I see it.
This paragraph, the beginning of the
pe*.ragir.p Swawcs,
mo .u *>w..
Louis iB that while Monsanto would like
to keep in the background in this
problem, we don't see how we will be
able to in the United States."
Did Dr. Kelly ever discuss with
you the fact that Monsanto wanted to keep in the background regarding the PCB
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: 177 problem? No. Did you ever hear it mentioned from anyone at Monsanto that Monsanto wanted to keep in the background regarding the PCB problem? Never. Okay* The next sentence states, "We feel our customers, especially NCR, may ask ue for some sort of data concerning the safety of these residues in humans." Do you see that? I do. Was this the first time to your knowledge that Monsanto first considered that its customers might ask for some 6ort of data concerning the safety of these residues in humans? No. The questions regarding health effects of PCBs were shared with customers like NCR. They already knew what Monsanto knew. When was this, as of 1967?
-: :
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178
1 A.
Tes.
2 Q.
3
Okay. What did they know? What did they know regarding the health effects
4 5 A. 6 7 8 9 10
of PCBs? Well, it is the kind of information that appeared in the product brochures, and they knew about skin effects. And these are all at levels that really shouldn't be permitted in terns of exposure, skin problems, breathing problems.
11 0-
Anything elBe?
12 A. 13
Do not ingest kind of thought, don't get it in your food. And since NCR is
14 mentioned here, as an example, a company 15 like NCR would typically have their
16 medical man talk to Monsanto's medical
17 . man, as one professional talking to the IB other, so they are both talking the same 19 technical language.
20 Q. 21 22
If Monsanto had already provided its customers with data concerning the safety of PCBs in humane, do you know
23 why Dr. Kelly Beemed to feel or seemed
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179 to express a concern that at this point in time Monsanto's customers may ask for that type of data? '
MR. PECK: Object to the form of the question.
Dr. Kelly rras expressing a concern about requests for data that is not at that point in time run for an industrial chemical. He was concerned that the emphasis would be to conduct studies similar to those run for Food and Drug Administration registration, either as a food additive or a6 a pharmaceutical. And that ju6t wasn't deemed appropriate for an industrial chemical. Deemed by who? JUBt everybody in the world that worked with industrial chemicals. So are you saying that the type of data that is referenced here in this memo by Dr. Kelly that the customers might be concerned about relates to the type of data that would go towards FDA
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regis tration?
180
MR. PECK: Object to the form of
the question.
That is what the next sentence
emphasizes.
What type, c-f datn *.d
It is referred to here as toxicological.
slash, pharmacological. It's extensive.
multi-year study with test animals.
Which at that point in time had not been
done, is that correct, by Monsanto?
For what?
For PCBb. That iB correct.
That is typical of an
industrial chemical, yes.
When you talk about the warnings that
had been provided to customers by
Monsanto, you mentioned certain health hazards, correct?
Tes.
Did those warnings also include
information about liver problems?
In some cases, yes. I remember some
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' 181
reference to continued excessive
exposure could damage the liver to the
point where it could no longer recover
itself.
Did chose warnings ever talk about
possible systemic injury from PCB
exposure?
lee. Do you recall when for the first time the warnings included information about
possible liver trouble? I don't remember a specific date.
It
seems like it was in product brochures
and product literature for decades. I
just don't remember a date.
And I guess the same would hold true for
possible systemic injury, that you
wouldn't recall the exact date? That is correct.
Did you have any involvement in
formulating the warning labels that Monsanto put on its PCB products?
. .----
O
1 Q.
Okay. What waB your involvement?
162
2 A.
I was involved in the wording of the
3 paragraph that referred to the findings
4 of PCBs in the environment and the 5 precautionary statements included in
6 that paragraph, to handle it carefully 7 and not allow it to escape into the
6 environment. And eventually there was a 9 phrase or a sentence included referring
10 to prevention of entry into animal feed
11 and human food.
12 Q.
And one of the things that Monsanto did
13 tell its customers was they should avoid
14 prolonged breathing of PCB vapors or
15 mists, correct?
16 A.
17 Q.
Oh, yes, definitely. That's all I have on that document.
16 Before we go on to Thirty-one, did
19 Monsanto ever provide the residents of
20 Anniston with any data concerning the
21 health hazards of PCBs in humans?
22 A.
Uh-uh (indicating no) . Why would they?
23 2.
ana-.-tL -o ,,,,I
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183
No.
(Plaintiffs' Exhibit Number
Thirty-one was marked for
identification.)
Let's take a look at Papageorge Thirty-one, for identification. This is
a two-page document dated December 5th,
1956, authored by D. F. Smith and
addressed to Mr. R. D. Minteer at the
general offices of Monsanto in St. Louis.
I have read the exhibit.
Okay. Who is Mr. Smith?
Mr. Smith was a Monsanto employee in the organic division of Monsanto Company in
that business group chat sold hydraulic fluids and other industrial fluids.
And who is Mr. Minteer? Mr. Minteer had eo many different
assignments, I personally don't know
exactly what his assignment was in the
date of this memo, which reads like it's 1956.
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Right.
164
He was involved with the marketing of hydraulic fluids, but I don't recall his
exact title or position at that time.
Okay. Do you know who -- Well, we know who Mr. Wheeler is. Do you know who the
other recipients of this memo were?
I don't remember Mr. Nevcombe. Mr. Casperi was an attorney.
Okay. Have you ever seen this letter before?
I don't recall it.
Okay. Were you ever told by anyone that
Monsanto wanted to disclose the minimum information necessary to comply with
regulations regarding PCB labeling and not to disclose information which could
damage its sales position in the synthetic hydraulic fluid field?
No, I was never told that. Okay. Thank you.
(Plaintiffs' Exhibit Number Thirty-two was marked for
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185 identification.) For identification purposes, this is a document bearing Bate's number MONS 096865 and MONS 096866 dated February 14th, 196 9, either a memorandum or letter written from Mr. -- written by Mr. Roush, R-o-u-s-h, Don Roush, to J. J. Roder, R-o-d-e-r, in Chicago; subject, inquiry from Vapor Corporation on toxic effects of chlorinated biphenyl. Have you had a chance to look iL LI*...? I am reading it, reviewing it now. Take your time, please. X have read the exhibit. Okay. Who is Mr. Roush? Mr. Roush was a representative of Monsanto's marketing department located in St. Louie that was responsible for the marketing of heat transfer fluids. Mr. Roush was the technical person on that staff who would work with the customers on technical matters involving
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167 was advised of the bran oil poisoning of quite a number of Japanese citizens attributed to PCBs. That's what became known as the Utsu incident, correct? You meant the first paragraph. I think you said the second. I'm sorry. The second sentence of the first paragraph. I see that, yes, sir. And that's what became known as the Utsu incident? Correct. How many people got sick in the Utsu incident? Oh, I don't recall the number. Several hundred?
MR. PECK: Object to the form of the question.
That's a good estimate. Do you know how many people died? I don't recall any deaths. Okay. Did Monsanto ever tell customers about the Utsu incident?
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" 186 the use of heat transfer fluids. Who was Mr. Roder? Mr. Roder was a field salesman, field representative located in the Chicago office of Monsanto. When you say field representative, what were his responsibilities? He is the individual that was given the responsibility for a geographic area. and he would call on the customers and potential customers in that area. he was a saj.es rep s' Yes.
Do you know who Mr. Gustaf is, referred
to in this memorandum? No, I don't. Okay. This memo apparently concerns inquiries that were being made by a customer, Vapor Corporation, about the toxic effects of PCBs, correct? Yes. In the second sentence of the first paragraph Mr. Roush says that Monsanto
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168 I know personally that starting in 1970 we instructed the field representatives at their sales meetings of the incident and what occurred and what was found. I know I personally talked to groups of customers. I understand. But was there a corporate policy either to tell or not to tell Monsanto's customers about the Utsu incident? The policy was to share whatever information we had. So to your knowledge, Monsanto did share that information with its customers? Yes. And was a letter sent out to the customers about the Utsu incident? No. How was the information to be shared with them? Telephone conversations, personal visits, one-on-one type of thing, or at customer group meetings, either within a
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189 customer's plane or meetings at which several customers would gather at a Monsanto conference room, for example. Was there a directive issued to Monsanto field reps that they should tell Monsanto customers about the Utsu incident? YeB. Was that directive in writing? I never eav it in writing. Okay. Do you know who issued that directive? Mr. Bergen passed that on to Mr. Fallon, who was the individual in charge of the heat transfer business. Did Monsanto ever tell the FDA about the Utsu incident? I know we discussed it with the FDA, but my exposure to that discussion -- The FDA knew about it already. I don't know where they found out. Do you know when Monsanto first discussed the FDA -- with the FDA the
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included representatives from the
191
Department of Agriculture, the Interior
Department, the Department of Commerce,
FDA. I'm sure I left out some, but it
was supposedly representative of any
federal activity that might be involved
with PCBs.
~
Did Monsanto ever*tell any of the
residents of Anniston, Alabama about the
Utsu incident?
Not that I know of.
Can PCBs cause certain toxic and systemic effects as indicated in
paragraph two of this memorandum? MR. PECK: Object to the form of
Yes.
the question.
Okay. And did Monsanto ever tell any of the residents of Anniston, Alabama, that
PCBs could cause certain toxic and systemic effects? No. Okay. The next to last sentence in the
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Utsu incident? It was in 1970.
My hesitation is
190
because it wasn't specific FDA. FDA
representatives were in the roam along
with the Department of Agriculture and
so on, the Interagency Task Force on PCBs. ThiB was one of the subjects
8 9 Q.
discussed. And that was sometime in 1970?
10 A. 11 Q.
Yes. Do you remember if it was the earlier or
12 latter part of 1970?
13 A.
14 Q.
I would suggest late summer, early fall. You mentioned Interagency Task Force on
IS 16 A.
PCBs. What was that? The government agencies were attempting
17 to learn what they could about the PCB
ie environmental issue in 1970, and they 19 had informally formed a study group at
20 the encouragement of the head of the - 21 it is the office of science and
22 technology, but I don't recall exactly 23 what its title was at that time. And it
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192 third paragraph states -- I take it back. It is the last sentence in the third paragraph. It states, in quotes, "I can only suggest that you attempt to put Gustaf's mind at ease regarding the toxic aspects of these chlorinated biphenyls by playing down the medical reports and playing up proper system design." Do you see that? I do. Did Monsanto ever attempt to put its customers' minds at ease regarding PCB toxicity by playing down the medical reports of injuries caused by PCBs? Not to - *
MR. PECK: Object the form of the question.
Not to my knowledge. Okay. That'8 all I have on that document.
For identification purposes. Papageorge Thirty-three is a document bearing Bate's numbers NEV 027584
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through - - well, yeah - - through NEV 027S91. My hesitation was apparently one page doesn't have -- There it is.
MR. PECK: It is in the middle of the page.
MR. ATKIN: Yeah, the middle of the page. (Plaintiffs' Exhibit Number Thirty-three was marked for identification.)
Take your time to look at this. This is a memo from Mr. Richard of the research center to Mr. Wheeler, dated September 9th, 1969, regarding subject, defense of Aroclor fluids. I have scanned the exhibit. 0)cay. Part of the strategy that Monsanto devised to defend PCBs was to question the evidence that PCBs were harmful to the environment and to fish; isn't that right? That'B correct. The last sentence on the first page
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19S
Dr. Richard's counterpart in the
plasticizer business team.
Okay.
And Mr. Bergen was Dr. Richard's
supervisor, the head of the functional
products business group.
Well, Mr. Richard expressed the opinion
in this document that Monsanto would
have to clean up as much as we can.
starting inmediately, correct?
I don't know if it is Dr. Richard
personally or whether copying from the
blackboard where the notes were jotted
down. Someone else might have offered
Ci.iw
a thought.
In any event, it is incorporated into a
document that is authored by
Mr. Richard?
Correct.
And addressed to Mr. Wheeler?
Correct.
Did Monsanto ever adopt the policy that
it had to clean up PCBs as much as it
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194 1 indicates that Monsanto decided that it
2 had to clean up as much PCBs as it
3 could, starting immediately, correct?
4 A.
I don't know that I can -- This
S represents a very rough draft of some 6 preliminary thoughts brought together by 7 a group. So it's a first pass attempt B to jot down all the thoughts that were 9 shared at the time. So when you use the 10 expression "this is Monsanto's 11 decision, at this point in time it
12 wasn't an official Monsanto program as 13 displayed in this document.
14 Q.
Who was Mr. Richard?
IS A.
Mr. Richard was the director of research
16 for the functional products business
17 group.
18 Q.
And he wrote this memo to Mr. Wheeler?
19 A.
He addressed it to Mr. Wheeler, but it
20
21 Q.
was intended for the recipients as well. Who were the recipients?
22 A.
Mr. Hodges was the environmental person
23 in manufacturing. Dr. Farrar was
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196
could?
Yes. Okay.
How much of the PCBs in Anniston,
Alabama did Monsanto in fact clean up?
MR. PECK: Object to the form of the question.
I don't think I understand your question. Do you mean in terms of
pounds?
Yeah. I have no idea.
I don't think anybody
does. In termB of pounds, how many pounds of PCBs were put into the landfill on
Monsanto* s property in Anniston,
Alabama?
I don't know.
Have any idea? No.
How long did Monsanto manufacture PCBs
for in Anniston, Alabama? Monsanto itself from early '30, '31 or thereabouts, until 1971. Forty years.
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In 1971, do you Know bow many pounds
197
approximately of PCBe Monsanto was
manufacturing? MR. PECK:
In Anniston or
anywhere? In Anniston, Alabama. Was manufacturing in '71?
Yes. In '71 there was only about a five-month operation. I don't recall the number's. It was a much reduced quantity for that part year. How about in the 1960s, on average? Do you know how many pounds per year Monsanto was manufacturing?
MR. PECK: In -MR. ATKIN: In Anniston, Alabama,
yes. Thank you. They were approaching the thirty million pound a year quantity. Is it accurate to say that there were at a minimum millions of pounds of PCBs manufactured by Monsanto in Anniston,
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in Anniston to dispose of PCBs?
199
No. Why not?
When the unit was installed, which was.
as l rememoer, the '71 period, 1971 or thereabouts, the decision had been made to limit the sale of PCB products to
many uses, which in turn required the
shutdown of one of the two U.S. plants. And it was decided that the Anniston
plant would be the one to go out of
production. And the incinerator was
then put at the east St. Louis, Illinois plant or Sauget, S-a-u-g-e-t, Illinois
plants because that is where the
operation was perceived to continue. Okay.
I'm sorry. I misunderstood.
No. I guess what I'm trying to understand is why did Monsanto not put
an incinerator in Anniston?
Because Anniston was no longer going to be a PCB center of activity.
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Alabama from --
19B
Yes. -- the 1930s through 1971?
Yes. And do you have any idea how many pounds of PCBs manufactured in Alabama. nr Anniston, were put by Monsanto into a
landfill on its property?
No, I don't. Okay. Did Monsanto ever ship PCBs from other sites to the landfill in Anniston,
Alabama? Not to my knowledge, no. If you turn to page NEV 027590 - I have it. According to this page, the second full paragraph specifically, it indicates
that part of Monsanto's plan in
September 1969 was to set up an incinerator to handle Aroclor disposal,
correct?
Correct. Did Monsanto ever set up an incinerator
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What about the millions of pounds of
200
PCBs that were in the landfill?
MR. PECK: Object to the form of
the question.
I think there is a definite misunderstanding. The incinerator will
bum pumpable liquids. It was not
designed to incinerate solid material.
Were all the materials in the landfill at Anniston solids?
The vast majority were solidified or
absorbed on solids.
What do you mean by the vast majority?
Let me put it a different way. At no
time were liquid PCBs put in drums and
hauled up to the landfill. If the
material was a liquid, it was introduced
back into the manufacturing process to
be recycled, to be recovered, because it
was a product. It had some value. The only material sent to the landfill wsb
the material for which there was no known use or no known way to make it
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201 useful. And ic included the tire that looked like road asphalt. It included dirty rage. It included sawdust with
drippage on them, that kind of material.
And they in turn were put in sealed containers. So it's erroneous to conceive of leaking, oozing liquid out
of drums. MR. ATKIN:
Okay.
I think this
might be a good place to
stop, because the tape is
going to run out in about, a . minute.
(A lunch break was taken.) (By Mr. Atkin) Good afternoon.
Mr. Papageorge. Good afternoon. Monsanto land-filled some returned Aroclors in its own landfill, correct? Yes. A little bit before lunch we were
about the incineration of PCB contaminated solid waste?
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two thousand degrees Fahrenheit.
- 203 I
personally could never find any
technology that demonstrated that such units could be built and operate
dependably. At any point in time or in the early
' 70s? When are you referring to?
At any point, to this day.
Okay. Let me mark this as Papageorge Thirty-five for identification -Thirty-four.
These are several pages of deposition testimony that you gave in the matter of the City of Bloomington,
et al., plaintiffs, versus Westinghouse Electric Corporation, defendants.
(Plaintiffs' Exhibit Number
Thirty-four was marked for identification.)
MR. PECK: This objection is
probably reserved, too. But
as a practical matter, I just
generally object to the
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We referred to the solid waste and
202
incineration, yes.
Yes. Incineration of PCB contaminated
solid waste was technically feasible for Monsanto, wasn't it?
MR. PECK: Object to the form of the question.
I don't know how to evaluate the feasibility to Monsanto, sir. We made a
survey of such units throughout the country of the service. They were not
available. What do you mean, they were not available?
MR. PECK: Are you talking about
1970? Whenever. Tell me when. I'm talking the period of 1970, yes. What do you mean, they weren't available?
In order to safely destroy PCBs you have co exceed, as i recall, sixteen nunarea degrees Fahrenheit and preferably reach
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204 admission of prior deposition
testimony as an exhibit.
whether this will be offered
at trial. It is an improper
way to use prior testimony.
But since this is a
deposition. I'll obviously
allow it to go forward.
I refer you to page two thirty-nine.
sir, of that deposition, which I believe
is the last page.
It is.
Okay. And the question reads:
"Did you
ever develop a solid waste destruction
system? *
Answer: "Yes." Question: "Is it in operation
now? " Answer:
"No."
Question: "Why not?"
Answer: "We could not find enough
support for the use of that unit to justify building it."
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205
Question: "Not enough customer
base?"
Answer: "Correct." Question: "But it is technically
feasible, is it not?" Answer: "We demonstrated it,
yes." Question:
"So that the goal of
destroying solid waste through PCB -through PCB contaminated solid waste through incineration has been. demonstrated to be technically feasible;
isn't that correct?"
Answer: "Yes." Do you recall giving that
testimony, sir? Obviously, I did.
And do you recall testifying that it was technically feasible for the destruction
of solid waste through incineration? I think what we're describing here is a
technology that is offered as more of a
theory rather than actually
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sounds appropriate.
207
Okay. So in fact Monsanto did increase
production of solid Aroclors in Anniston
in or about April 1969? It took on a
capital project to do that, didn't it?
Yes, sir. But this is terphenyls. I
don't want to confuse you. This is -Solid Aroclors are chlorinated
terohenyls. Okay. You would agree with me, sir,
wouldn't you, that Anniston, Alabama and
Sauget, Illinois should have been
treated with equal levels of concern and
precaution by Monsanto? They were.
And the same goes for the workers at the
two plants, right?
Yes.
And were the workers at the two plants protected with ventilation systems?
Certainly.
And were they given gloves and booties
to wear?
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demonstrated.
206 What disturbs me is where
I said yes to has it been demonstrated
as technically feasible.
What I had in mind there, in the
laboratory you can reach those temperatures; you can show destruction;
you can show that the off gasses that
are generated don't contain PCBs.
When I answered your question
previously, I was talking about a
corcinercial unit, a full-Bize commercial
unit operating at the high temperatures
and not creating a pollution problem of
a different type.
All right. Thank you. I'm done with
that exhibit.
Sir, do you recall whether in or
about April 1969 Monsanto spent more
than a million dollars to increase
production of BOlid Aroclors at
Anniston? I recall the project.
I don't recall
the total dollars involved, but it
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Yes, sir. And were they told to change their
208
clothes? Yes, sir. And was there any medical monitoring
done? Yes, sir. And they were given advice and warnings about PCBs? Yes. Okay. Did Monsanto ever conduct an epidemiological or health study of its Anniston workers, those who had worked with the manufacture of PCBs? Epidemiology? I don't recall any. That
doesn't mean it didn't happen.
Okay. Did Monsanto ever conduct an epidemiological or health study of the residents of Anniston? Not to my knowledge. Did Monsanto ever determine or attempt to determine the body burdens of PCBs in Anniston residents?
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209 Not to my knowledge. Did Monsanto ever tell the residents of Anniston that they might have elevated
body burdens of PCBs? Not that I know of. Did Monsanto analyze or determine the body burdens of PCBs in the workers at
the Anniston plant? I do not know of any. okay. Or at the Krummrich facility? 1 don't know that either. Sir, if you took your grandchildren to church with you and the yard of the church was contaminated with PCBs, would you think it prudent to warn them at
all?
MR. PECK:
Object to the form of
the question.
If I took them to church and they what?
And the yard of the church was contaminated with PCBs, would you think
it prudent to warn them at all? MR. PECK: Object to the form of
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PCBb?
211
No. Did Monsanto ever examine the church for
PCBs?
MR. PECK: What church? MR. ATKIN: The Mars Hill Missionary Baptist Church.
No, sir. No church. Nobody examined
any church for PCBs or any other chemical, cyanides or ammonia or on and
on.
Okay. If your daughter was pregnant. sir, you wouldn't want her dusting a PCB
contaminated room or gardening in PCB contaminated dirt or eating PCB
contaminated fish, would you?
MR. PECK: Object to the form. Sir, again, from what I know of the
health effects of PCBs on humans, I don't find that a disturbing question in
terms of do I tell my pregnant daughter. I'd have to know in particular the levels of exposure to my daughter, not
_________ ____
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210 1 the question.
2 A.
Well, sir, I'd have to know the degree
3 of contamination and the opportunity for
4 that contamination to expose my children s to levels that would result in harm. I 6 don't quite know how to -- I know 7 personally -- I took PCBs home in my
e shoes. So you are talking about my
9 children being near PCBb, yeah, on the 10 garage floor and the kitchen as I walked 11 in the house. So they were exposed to
12 13 Q.
PCBs. That wasn't my question.
My question is
14 would you think it prudent to warn your 15 grandchildren if you took them to church
16 with you and you knew that the church 17 - was contaminated with PCBs? 18 MR. PECK: Object to the form of 19 the question.
20 A. 21 22 23 Q.
Based on what I know of PCBs, I saw no reason to mention PCBs, as any other material that might be in that church. Did you ever examine the church for
1
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1 the levels present. There is a
2 difference.
3 Q.
Would you let your daughter eat fish
4 that were contaminated with seventeen
5 . hundred parts per million of PCBs?
6 MR. PECK: Object to the form of
7 the question.
8 A.
Yes, because I have nothing that tells
9 me it is going to hurt her.
10 Q.
Okay.
11 A.
Nothing exists, can't find it anywhere.
12 and I suspect you can't either.
13 Q.
Isn't it true, sir, that Monsanto has
14 not had any off-site contamination
15 problems at the Krummrich plant, PCBs?
16 A.
Well, there have been allegations of
17 off-site PCB problems. I don't know
18 what you mean by Monsanto has no
19 problems.
20 Q.
Off-site PCB contamination problems.
21 A.
Yes.
22 Q.
I8 that true?
23 A.
It has been -- The Monsanto plant in
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213 Sauget, Illinois has been accused of being the source of off-sice PCBs -- not accused, alleged to be the source of. Now, sir, even if PCBs weren't considered an environmental contaminant. yon would agree with me, wouldn't you, that it wasn't prudent or responsible for Monsanto to discharge PCBs or any other materials straight into the environment?
MR. PECK: Object to the form of the guestion. It is unclear
. as to time and a number of other factors.
I'd like to make a clarification or a distinction between the deliberate introduction into the environment of a stream resulting from a process as compared to the occasional incident that occurs due to a repair or maintenance problem or a leak that was not anticipated and was corrected. There is a difference between the occasional
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215 Okay. I've read it. The question reads: "(By Mr. Cunningham) I guess I'm curious as to why you would have bothered putting that stuff out in the lagoon, why you wouldn't just let it get out into a . drainage ditch and go out to the creek or whatever. Was it your perspective that good engineering practices in the '60s would have mandated that a waste stream that potentially would have contained PCBs Bhould have been segregated in the manner that you have described that you all did in that taciiicy, at a minimum?"
The answer: "At a minimum, it is just not prudent to discharge knowingly any kind of industrial chemical, whether it be PCBs or any other material, and the sediment that collected in that pond was just the type thing you wouldn't want to discharge out into the environment. It just wasn't a practice
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introduction and the deliberate
214
continual introduction.
Okay. We are going to mark as an
Exhibit, Number Thirty-five to your
deposition pages of testimony that you
gave in a case called Commonwealth of Kentucky versus Rockwell International
Corporation and apparently several other
cases consolidated with that case on
September 3rd, 1993. MR. PECK: Let me register the
same objection to this being used as an exhibit. It is improper use of prior
testimony. (Plaintiffs' Exhibit
Thirty-five was marked for identification.)
I'm referring specifically to the
question and answer at the bottom of page fifty-nine and the top of page
sixty. Or I will be referring to that
in a minute.
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216 that was considered to be responsible. That's all."
Do you remember giving that testimony? Yes. This is another way of describing what I just described to you earlier, the deliberate disposal continuously, openly, as compared to the leak caused by a mishap of some sort. Okay. We are done with that.
Let me mark Papageorge Thirty-six for identification, which are copies of photographs of the Anniston facility and its environs in mid February 1982. And these were supplied to us by Monsanto's counsel.
(Plaintiffs' Exhibit Number Thirty-six was marked for identification.)
I'd like you to look at the lower photograph, if you could. I'm looking at it. And I'll ask you, if you could, to
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217 identify, from this February 1982 photo. the Mars Hill Missionary Baptist Church. I believe I see it in the -- about a half inch from the upper edge. Okay. And almost to the middle. Can I ask you just to designate with an A what you believe to be the Mars Hill Missionary Baptist Church? I will put an A above it. That will be great.
Can you identify from this photograph the plant boundary on the east near Mars Hill? I am turned around. By east, are you talking about toward the bottom of the page? Closest to the top, I guess. Close to the top. Right, the plant boundary. Would it be right by that road (indicating)?
MR. PECK: That photograph is a shot taken -- that photograph
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2 east.
3 A.
I'm confused, sir. When you said plant
4
5 Q. 6 A.
boundary -Right. I see that boundary is -- Are you saying
7 Monsanto property line --
8 Q.
Yes.
9 A.
--or the plant boundary? To me the
10 IX Q.
plant boundary was the roadway there. Okay. That'8 fine.
12 A.
Just below here.
13 0-
Can you just draw a line and indicate
14 where that is?
15 A.
On that one side of the plant.
16 Q. 17 A.
That will be great. That was the plant as the terminology
18 used by --
19 Q.
Right.
20 A. 21 Q.
That's the plant boundary. Can you identify the south landfill for
22 23 A.
us on that photograph? The south landfill 1 believe I
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219 identified here near the upper right-hand corner. Yeah. Okay. How should I designate it? I guess you can put a B there. I will put a B in this upper right-hand
comer. Thank you. And do you see any ponds on the landfill? My eyesight is not quite that good.
Are those the ponds (indicating)? This looks like the pond, but l`m not positive. Okay. Can you put a C next to what you think appears to be the pond?
MR. PECK: Object to the form of the question.
I will put a C right over that area. Terrific. Now, sir, a lot of water runs
off that landfill, doesn't it?
I don't know what we mean by a lot. you mean during a cloud burnt? I mean during the course of a year.
Do Do
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220 you know how many inches of rain fall on that landfill every year?
I don't know. But what you are talking about is water created by rains?
Yeah. Okay.
There is water obviously.
Do you know how much?
No, I don't.
Well, the water that -- The amount of water, the rainfall that falls on that
landfill, it runs down right through
Mars Hill Missionary Baptist Church,
doesn't it? I'm not a hydrogeologist, sir.
I
can't --
Well, looking at that photograph, would
you agree that the rainwater that falls on that landfill runs down right through Mars Hill Missionary Baptist Church?
MR. PECK: Object to the form of the question.
I can visualize some of that water headed in that direction. I can also
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221 eee other streams radiating down that hillside across Che highway and so on. Okay. Ic is not channeled direccly Co Che area you described. Okay. We're done wich chac exhibic.
Let's mark for identification Papageorge Thirty-seven, which is another series of photographs provided by Monsanto's counsel.
(Plaintiffs' Exhibit Number Thirty-seven was marked for identification.)
Okay. These series of photographs show pumps being used to empty the ponds on Che landfill; is chac righc?
MR. PECK: Object to the form of the question.
I don't know. I see a pump on a placform, and one of Che phocographs shows a body of water next to it. I'm not familiar with the setup. Okay. That's fair enough.
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222 Let's mark this for idencification as Papageorge Thirty-eight. This is just one photograph provided to us also by Monsanto's counsel.
(Plaintiffs' Exhibit Number Thirty-eight was marked for identification.)
MR. PECK: Wherever I put it, I'm going to cover up a slight portion of the photograph.
MR. ATKIN: Put it on the bottom. then.
Now, from this last photograph taken around 1976, can you identify for us Mars Hill Missionary Baptist Church? Yes, sir. I would put an A there, if you could. (Executed by the witness.) Can you identify the old PCB production unit? The old unit is gone. Is it gone already in this photograph? Yes, sir.
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Can you identify the pond on the
223
landfill?
Yes.
Okay. Could you puc a B nexc Co chac?
(Executed by the witness.)
And do you see -- Can you identify a waste pile uncovered on the landfill
near che pond? I see a difference in colors here.
I
don't know --
MR. PECK: I object to the form of
the question. I don't know what is a waste pile and
what is -Okay. Fair enough.
Can you deBignace with a C the location where Che old PCB production
unit used Co be?
I will puc Che C in the clear area. And
of course the area was on each side of
the position of that C.
Okay. Can I see that?
(Witness hands document co
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1 counsel.)
2 MR. ATKIN: Thank you. I'm sorry
3 to do this, but I have to
4 take a second break.
5.
(A break was taken.)
6 (Plaintiffs' Exhibit Number
7 Thirty-nine was marked for
8 identification.)
9 Q.
Mr. Papageorge, we are going to hand you
10 Exhibit Thirty-nine in a second. For 11 identification purposes, this is a
12 document bearing Bate stamp number --
13 It'B two setB. I'll give you one set.
14 The first set is -- The second set is
15 FGL 0011379 through FGL 0011402. Okay?
16 A.
I have it.
17 Q.
Okay. This appears to be a rough draft.
18 11-10-69, of an outline for the PCB
19 environmental nniinrion
--
20 correct?
21 A.
Correct.
22 Q.
Do you know who drafted this?
23 A.
There were several authors putting
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225 together portions. Can you tell me who put together what? X don't know that I can do it quite that precisely. I know that Mr. Elmer Wheeler was involved and Dr. Richard. Doctor -W. R. Richard. What vaB Dr. Richard's title? He was director of research for the functional products group. Okay. Anybody else? And Dr. Farrar, who was Dr. Richard's counterpart in the plasticizer group. and Mr. Hodges, Paul Hodges. Okay. Have you ever seen this document before? Yes, I have. Can you turn to page FGL 011387, please? I have it. Section A there is called "Legal Liability." Do you see that? I see it. It says, "Direct lawsuits are possible.
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226 The materials are already present in nature, having done their alleged damage." Do you know what the alleged damage being referred to here ie?
MR. PECK: Object to the form of the question.
There were several allegations made regarding the kinds of things that PCBs could do in the environment. They were all at that point in time unconfirmed. This is why the expression "alleged damages" in this document appears in quotation marks.
They referred to effects on the reproduction of wild birds in particular. The other allegations were suspected ailments, similar to the kinds of things the DDTs were being accused of at that time. What kinds of things were those? Presence in wild creatures and the possible effects on their ability to reproduce properly. That's the primary
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227 one. Okay. Any other allegations? I can't think of any right now. Were thoee allegations subsequently borne out? No. When you say no, do you mean that PCBs v?"* not shown to have effects on reproduction of wild birds or other creatures? The allegations that it affected wild bird reproduction were later attributed by the leaders of the study groups that published these reports, were attributed to DDTs and its degradation product. DDD. So to your knowledge, the effects that you are talking about on reproduction of animals has never been shown or proven to be caused by PCBs? The wild animals reported at that time. Which animals were those? I recall the brown pelican off the coast
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of Southern California.
228 I recall the
peregrine falcon in studies by the Cornell University researchers. I recall the allegation that was made that
as a result of a north sea storm in which whales and bird6 were presumed
initially to have been affected by PCBs
* - And later rt
vIc,1.ci.mJ.ucu i-na-
was primarily a lack of sufficient food
as well as severe storms. Okay. At some point in time were PCBs
linked -- or PCBs shown, rather, to in fact have reproductive effects on certain animals?
Yes.
Okay. Which ones?
There was the study sponsored by Monsanto which demonstrated that some of
the PCBs had an effect on the reproduction ability of chickens. And what do you mean by in had an effect on the reproductivity of chickens?
The eggs would not hatch. I have
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229 " forgotten the levels of PCB in the diet. But there was a level before the effect was noted. Okay. Other than the chickens, any other animals or species that you recall were shown -- that PCBs were shown to have an effect, reproductive or otherwise? When you say otherwise, there was a study made at a fisheries laboratory in Gulf Shores, Alabama, I think it is. It might be Florida, Gulf Shores, Florida.
MR. PECK: Gulf Shores is Alabama. Alabama. But anyway --
MR. PECK: At least the one I'm thinking of is.
MR. CUNNINGHAM: But I think he is right. I think it was Gulf Shores Laboratory in Pensacola.
Off Pensacola, there is an island, a laboratory in which they conducted a study and determined that low levels of
)
: 230 : '
1 PCBs affected newly hatched shrimp.
2 juvenile shrimp, the very young.
3 Q.
When you say affected, what do you mean
4 by affected?
5 A.
Killed them.
6 Q.
What levels of PCBs?
7 A.
I don't remember the number. It is a
e very low level.
9 Q.
Okay. If you look at that paragraph we
10 were just looking at, the next sentence
11 says, "All customers using the products
12 have not been officially notified about
13 known effects, nor do our labels carry
14 this information.'*
15 Is it accurate to say that as of
16 November 1969 Monsanto's customers had
17 not been notified about the known
16 effects of PCBs?
19 A.
In '69, no, because those effects were
20 recent news.
21 Q.
So it is accurate to say that?
22 A.
Tes.
.
23 Q.
Okay. We can put that one away.
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231 I show you what will be marked as Papageorge Exhibit Forty for identification. This is a two-page document bearing Bate's number DSW 014096 through 014097. It appears to be a memo from Mr. Landwehr of the Anni6ton . plant to the medical department, dated August 18th, 1970.
(Plaintiffs' Exhibit Number Forty was marked for identification.)
I'm confused, sir. You said to the medical department -I'm sorry. From the medical department to Mr. Landwehr. Thank you. Thank you for clarifying that.
And I think you told us yesterday, but could you just tell us who is Mr. Landwehr? Mr. Landwehr was the individual that headed up the technical services department at the Anniston plant. And this is written to him by
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232 Mr. Garrett of the medical department,
correct?
correct.
Have you ever seen this before?
Have I seen it, yes, sir.
Okay. Do you recall when you last saw
it?
Just the other day. Is this -- What do you mean, just the
other day? When did you see it?
I was talking to our attorneys, a6 I
remember.
And you reviewed this document with
them? I believe I did.
It looks very
familiar.
Okay. In the last paragraph --
MR. PECK: Now we know he did something with them.
The last paragraph states, "Crockett told me that if this PCB issue hits the
Alabama press, the Alabama Water
Improvement Commission would be forced
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233 to close Choccolocco Creek and the Martin Logan Reservoir Co coirenercial and sport fishing unless we can prove that the contamination level does not reach the reservoir."
Were you aware that Crockett had warned Mr. Garrett about the possible closure of Choccolocco Creek in August of 1970? I was aware of it a few weeks after the date of this memo. Did the AWIC close Choccolocco Creek at any time? Not that I'm aware of. nvay. pi <4 Monsanto take any stepB or actions in response to this memo? Well, certainly we were in the midst of doing many things that would lead to actions that would respond to this in terms of how to sample, how to analyze. where to sample, how to prevent further generation of waste, all the -- The whole program was aimed to this kind of
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235 reason I put them together is it appears that the handwritten document -- the text of that actually makes its way into item 4(c) on page DSW 013776. . Do you see that? I Bee some similarities, and yet it is not exactly alike. I see a reference on the handwritten copy of ten man days compared to the typewritten on the second page of twelve man days. Right. I was actually referring to the first part, which states, "Clean up Snow Creek." On the handwritten part it states, "Clean up Snow Creek, PCB removal from any specified area from our fence to Choccolocco." And then it says, "1971, avoid if possible, but prepare for action." And when you compare that to the text under item 4(c) on page DSW 013776, that states, "Clean up Snow Creek and
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234 end results. Okay. I'm done with that memo.
(Plaintiffs' Exhibit Number Forty-one was marked for identification.}
I'm going to hand you two documents together as the next exhibit and mark them together as Exhibit Forty-one. They are -- The first document -- It is two pages. The first document bears Bate's number DSW 013610. It appears to be handwritten notes. And the second document is page three of another document. I don't have the first couple of page: here with me. It ie of a document that is signed by Mr. Landwehr, bearing Bate's number DSW 013776.
MR. PECK: These documents don't originally go together, but they are stapled now?
MR. ATKIN: They don't appear to go together. Okay. The
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236 area monitoring, PCB removal from any
area from our fence to Choccolocco, avoid if possible, but be prepared for
action." That is the part I'm referring
to.
Does this indicate that this
handwritten document, DSW 013810, was in
fact written by Mr. Landwehr?
MR. PECK: Object to the form of
the question, speculation.
That I don't know, sir. It could be one
of Mr. Landwehr's staff. Do you recognize the handwriting on this
document?
No, I do not.
Okay. Is it true, Bir, that in 1971
Monsanto wanted to avoid cleaning up
Snow Creek if at all possible?
Not Monsanto, no.
Well, Mr. Landwehr? Somebody.
Somebody at Monsanto? Handwrote that thought on this first
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" 237
page. And chat thought is actually also
expressed on the second page that is
Ly Mr. Landvelir, is it not?
That is true.
(Plaintiffs' Exhibit Number
Forty-two was marked.for
identification.)
Thank you. I hand you for
identification Papageorge Forty-two, which is a one-page document bearing
Bate's number MONS 099126. It appears to be a memo from W. R. Richard to N. W.
Farrar dated September 1st, 1971,
correct?
September 1st. September 1st,
What did X say,
December?
December. You lost three months.
I'm getting a little tired. I'm sorry.
September 1st, 1971. And you were a
recipient of this memo, correct?
X was.
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deemed successful, and their results
239
were never published.
Do you know why they weren't deemed successful?
I do not.
Was there a concern at Monsanto about
..the FDA's request for Aroclor samples?
I don't think it's a concern, but it's
an observation that thiB is unusual for
the FDA to ask for industrial chemical
samples.
Okay. In the Becond paragraph
Dr. Richard states, "This is a clear
signal that the chlorinated terphenyl
Aroclor 5460 is on the target list."
Do you know what Dr. Richard meant by the "target list"? I believe I do.
Can you tell us?
Dr. Richard at that point in time
thought the target list was the
chlorinated biphenyls, the 1221 through 1262 types. That's his target list.
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: 23B Do you recognize this document? I've seen it before, yes. Have you seen it recently? No. who was Mr. Farrar, again? He was Dr. Richard's counterpart over in the other business group involving PCBs. In the first paragraph -- Is it Mr. Richard or Dr. Richard? Doctor.
-- Dr. Richard indicates the FDA was
asking for samples of Aroclor 5460, 1221 through 1262, S060, and 5460.
Do you know why the FDA was asking for sanples of those Aroclors at that time? They were interested in the toxic effects of these commercial chemicals. Did the FDA conduct any feeding studies or teratogenic testing on these Aroclors? As best I recall, they started them, but for some reason or other they were not
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240 And he is pointing out that now we see a chlorinated terphenyl added to that list. What did he mean by "target list"?
MR. PECK: Object to the form of the question.
A list -- It's a list containing materials of interest in this case to the FDA, that they are going to conduct some further studies on their own. So the terminology "target list," was that the FDA's terminology? No. It was Dr. Richard's terminology. Okay. At the end of the second paragraph Dr. Richard states. "Replacement products are indicated unless you gentlemen think that the above compounds will be medically acceptable."
Do you know what Dr. Richard meant when he said medically acceptable? I can tell you my interpretation of that, because when he says, "you
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241 gentlemen," I'm part of that group. Okay. What it meant to me, I would consult with our medical department and get an opinion whether or not these industrial chemicalB are hazardous or not; and if so, under what conditions and what uses should we continue making them. And was a determination made - Withdrawn. I'm sorry.
When he said replacement products, was he referring to replacement products for Aroclor 5460, or were all of the Aroclors mentioned in the memorandum?
MR. PECK: Object to the form of the question.
All of them, because it is plural, above compounds. And was a determination in fact made at some point in time as to whether or not these compounds were in fact medically acceptable? Yes, it was made.
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243 plasticizer sales group. Okay. Do you know who they were? There must have been thirty or forty of
them. I don't propose to know them all. The field salesmen, their district
managers, and the team leaders back in
the St. Louis home office. --
Do you know who it was specifically that indicated that -- or gave the response
that A1221 and A5460 were okay? I don't know who he talked to. Okay. Do you know what Dr. Farrar meant when he said that 1221 and 5460 were okay? I have an opinion.
Could you offer it to us? That it was okay because from his
wirh individuals and obviously conversations and what have you, he came back with the information that Aroclor
1221 and 5460 were not known to cause any kind of health problems by anybody. And if you recall, the 1221 was the
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When was that determination made?
242
The animal studies conducted on the PCBs
were completed in -- by 1972 and
demonstrated that high levels of some of
these materials could cause sicknesses.
And it was not demonstrated that they
were extremely toxic and hazardous. So
medically speaking, not only within
Monsanto but FDA, they were medically
acceptable under proper usage
conditions.
In the notes, handwritten notes on the
side of that memo --
I Bee them -Okay. Ib it Dr. Farrar or Mr. Farrar?
Doctor. Dr. Farrar states that the marketing
people told him that A1221 and A5460 are
okay, perhaps this will change.
Do you know which marketing people
Dr. Farrar was referring to? These were the marketing individuals in
the Monsanto group referred to as the
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244 monochloro biphenyl and the 5460 is a chlorinated terphenyl. Okay. And did Monsanto's position that 1221 and 5460 were okay ever change? No. It stays the same. Okay. I'm done with that. And that brings us to Papageorge Exhibit Number . Forty-three.
(Plaintiffs' Exhibit Number Forty-three was marked for identification.)
MR. PECK: It looks like Plaintiffs' Exhibit Forty-three is kind of -- the Bate's numbers just don't run together. It looks like an amalgamation. It looks like th= fi1 FGL 0100442, and the next stapled page is FGL 02406 that is four maybe -- five. which is obviously not an exact consecutive page.
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245 MR. ATKIN: Right. Okay. Well,
why don't we do this:
We'll keep them together.
you could look specifically at the last
two pages. I have glanced at them. Okay. Thank you. Do you know what this
document is?
Yes. What iB it? This is a copy of a special undertaking
between General Electric and Monsanto regarding the continued Bupply of
polychlorinated biphenyls to General
Electric Company.
This is a hold harmless agreement?
That is an expression that is used to
describe it, yes.
Especially by lawyers. Were you
involved at all in drafting this
document?
Ho.
Do you know who was?
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247 and its people would be monitored by the top officials of the company in terms of what was being done to prevent PCBs from being misused, mishandled, on and on. And also it was believed that if a vice president signed a document like this and his plants or hie organization uecued funding, like more doctors or more industrial hygienists or more environmental analysts, they would see to it that the funds and authority was given to pursue these projects that would be required to control PCBs. So it was at least a two-fold purpose. One was to get it in writing, a corrmitment. and the other one is to prod for the right kind of action. Okay. At the bottom of the first page -- Not the first page of that exhibit. che first page of the hold harmless agreement. It states that the buyer of PCBs will hold Monsanto harmless from any adverse effect of PCBs on humans.
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Not specifically. It was a legally
246
2 developed document.
3 Q. 4 5 7 A.
Okay. Do you know when Monsanto first requested that its customers sign hold harmless agreements in connection with their purchase of PCBs? It Btarted in December of 1971, when
6
9 Q.
they were first approached. Did Monsanto begin asking its customers
10 to sign hold harmless agreements because
11 it was concerned about being held liable
12 for PCB-related injuries?
13 MR. PECK: Object to the form of
14 the question.
15 A.
Well, that was one of the concerns, but
16 there were other concerns that were
17 deemed much more important.
IB Q.
What were the other concerns?
19 A.
For example, it was sincerely believed
20 that if a high official of vice 21 president level in the customer's
22 organization signed off a document like
23 this, it's more likely that the customer
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248 Do you see that? I do. What adverse effectB of PCBs on humans was Monsanto insisting it be held harmless for?
MR. PECK: Object to the form of the question.
Anything that would be alleged, real or imagined. Okay. I'm done with that. Thank you.
I hand you what will be marked as Papageorge Forty-four for identification. It's a document bearing Bate's number DSW 014379 through DSW 014382, which is a three-page document with a cover memo, a document written by Mr. D. B. Hosmer, H-o-s-m-e-r, and numerous recipients, including Mr. Papageorge.
{Plaintiffs' Exhibit Number Forty-four was marked for identification.)
That is correct.
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249 Do you recall seeing this memo before? Yes, sir. Okay. Do you recall when you last saw this memo? About a week ago. Okay. Is that when you met with your attorneys? Yes, sir. This is one of the documents that you reviewed in connection with the preparation for your deposition today? Yes, sir. Who iB Mr. Hoemer? At that point in time Mr. Hoemer was the individual in the organic chemicals division manufacturing unit that addressed, among several things, the environmental issues for that organic chemicals division. Is he still with the company; do you know? No. He is deceased. On the first page of text, which is DSW
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Anniston plant that were in fact in
251
violation of the Federal Refuse Act?
Not to my knowledge.
Well, did Mr. White represent that
emissions had been detected from the
Anniston plant that were in violation of
the Federal Refuse Act?
-
MR. PECK: Object to the form.
lack of foundation.
Yes, he did represent that.
In the next paragraph -- Withdrawn.
Okay. In the first full paragraph
on the second page, DSW 014381, do you Bee that?
The first full paragraph?
The first full paragraph.
The one that starts with, "There was
considerable'*?
Yes.
I see that.
It states, "There was considerable discussion concerning the limiting level
of PCB that should be permitted in the
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250 014360 -I have it. -- Mr. Hoemer indicates that John White of the EPA requested a meeting with Monsanto. Do you know why? Do I know Mr. White? No. Do you know why he requested a meeting? As best I recall, it had something to do with the FDA and its interest in PCBs in fish. And the Atlanta EPA was involved because this source of PCBs was presumed to be environmental as distinguished from animal feeds. Okay. Now, subparagraph one on that page -I see it. -- states that Mr. White had recommended that a suit be initiated against the Anniston plant for PCB emissions under the Federal Refuse Act, correct? That's what it states, yes. And had emissions been detected at the
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252 1 discharge. Mr. White suggested no 2 detectable amounts." And it also 3 indicates that Mr. Crockett and the
4 Monsanto personnel pointed out that this 5 . was an undesirable approach.
6 Were you -- You weren't at the
7 meeting, were you?
8 A.
I was not.
9 Q.
Why did Monsanto and Mr. Crockett feel
10 that no detectable amount of PCBs was an
11 undesirable approach?
12 MR. PECK: Object to the form of
13 the question.
14 A.
I can --
15 MR. PECK: Go ahead.
16 A.
One can reach the no detectable amount
17 by introducing extreme volumes of water.
18 diluting the concentration down to the
19 point where the instrumentation will
20 show no detectable amount. This does
21 not reduce the amount of PCBs that are
22 there and escaping the system. 23 So it was suggested, if you read
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253 further on, there is a better way to control the PCBs to the environment. which would include reducing the water volume and also reduce the concentration down to a detectable amount bo you can manage it and you know what you are losing rather than losing it because the technology can't detect it. In the paragraph that is paragraph one on that page -Tee. It says, "As a result of the meeting the following agreements were reached: One, Mi.. Ci-.ck.ett and Mr. White will agree upon an interim permissible level for PCB emissions to be provided in the Refuse Act permit. Obviously, Mr. Crockett will press for a number in excess of our zero point three pounds per day current level." Do you see that? I do. How did Monsanto know that Mr. Crockett
254 "
1 was going to press for an emission limit
2 above Monsanto's then existing emissions
3 limit?
4 A.
Since I wasn't there, sir, I don't know
5 6 Q.
personally. Okay. Did you ever have any discussions
7 with anyone about that, about what is
6
9 A.
written right here? I have had discussions, yes. And I was
10 11 12 13 Q.
led to believe that Mr. Crockett was preferring starting at a higher level in case he was forced to drop it. Okay. Did Monsanto coordinate its
14 strategy regarding cnis meeting witn 15 Mr. Crockett before the meeting took
16 place?
17
MR. PECK: Object to the form of
18 the question.
19 A.
Did Monsanto do what, sir?
20 Q.
Coordinate its strategy regarding this
21 meeting with Mr. Crockett before the
O 22
meeting took place?
23 MR. PECK: Object to the form of
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255 the question. That is normal procedure, sir. If there is a group of individuals representing Monsanto, they kind of get together and describe what they are expected to do when they get to a meeting and what each of them knows about the issue and what each one can contribute. So there is coordination of a team effort, if you will. MR. PECK: He is asking you whether or not -I'm asking you whether or not they got together with Mr. Crockett, not whether they got together themBelves. I didn't understand your question. MR. ATKIN: Thank you for clarifying that. Oh, that I don't know. The subparagraph three on that page states, "A summary report outlining our past work and future plans will be written and sent to the EPA office via
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Mr. Crockett's office." Do you see
256
that? I do. Do you know if such a summary was ever
sent?
'
I know a summary was sent to Mr. Crockett's office.
Do you know why it was sent to Mr. Crockett's office before going to the EPA? Why wasn't it sent directly?
Well, we got the impression that Mr. Crockett was representing the PCB
activity in the state, and he's the one
that had Che concacc with EPA. And we
felt that we would continue that
procedure of working through
Mr. Crockecc's office.
Okay. Do you know if Mr. Crockett reviewed or comnented on the summary
before it actually went to the EPA?
MR. PECK: Object to the form of the question.
I do not know.
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~ 2S7
Do you know if Mr. Crockett made any suggestions, any suggested changes to cne surtmary oefore it was sent to the EPA? I do not know. Paragraph -- subparagraph tour states that Monsanto's monthly reports on PCB effluents would be sent to Mr. White via Mr. Crockett.
Were such monthly reports ever sent to Mr. White? Do you know? I do not. And obviously you don't know whether Mr. Crockett ever reviewed or commented on monthly reports before they were sent to the EPA? I do not. Or made any suggested changes to the reports before they were sent to the EPA? I don't know that. Okay. On the last page of the document. the third to last paragraph, it states
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259 PCBs and create further problems, and you ended up with a collection of diggings that had to be taken somewhere
else. So all you would do is transplant your problem rather than solve it.
So this -- withdrawn.
And that is why in your view
Monsanto believed that dredging Snow
Creek was undesirable; is that right?
Dredging Snow Creek with the technology
known at the time, it was perceived to
be undesirable and preferably leave it alone, don't disturb it, and you won't hurt anything.
Was Snow Creek ever dredged?
I'm not so informed. I'm done with that.
I don't know.
(Plaintiffs' Exhibit Number
Forty-five was marked for identification.)
I'm going to hand you what is being
marked as Papageorge Forty-five for identification. This is a document
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! 258 -- Mr. Hoemer is writing -- "It was suggested by Mr. White that it might be desirable to dredge Snow Creek. I believe we convinced him that this is undesirable." Do you know why Mr. White believed that Snow Creek should be dredged? MR. PECK: Object to the form of the question. As I understood it at the time. Mr. White was really just beginning to understand the PCBs and how they be behave in the environment. And he assumed that PCBs were like most other materials, you just scoop them up and you can get rid of them. Well, PCBb are not that -- What is the word I want? They are not that easy to deal with. And the concern amongst those who had experienced PCBs to a greater extent, it appeared to be a case of if one went in there with bulldozers and shovels and what have you, you would stir up those
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260 1 bearing Bate's number Arv nop^oi 2 ACM 007294. 3 MR. PECK: Well, the document -4 The Bate's number -5 MR. ATKIN: There aren't that many 6 pages. That would have to be 7 two hundred pages, right? 8 MR. PECK: Teah. The page numbers 9 take a jump, it looks like, 10 at ADM -- It looks like you 11 have got ADM 0 02SOI through 12 ADM 002504, and then we 13 change to a new Bate's number 14 set that goes from ADM 15 007275, it looks like. 16 successively to 007295. 17 MR. ATKIN: Right. It looks like 18 there are two documents 19 again. 20 MR. PECK: Did you want to keep 21 them together? 22 MR. ATKIN: Well, X think so. 23 because I think that the
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latter documents are attachments perhaps that
261
Mr. Papageorge forwarded on, but I guess we'll ask him and
see if it becomes clear.
MR. PECK: Okay. Let me ask you first about the first
document, which is a January 18th, 1974 letter that you wrote to the hearing
clerk of the U.5. EPA.
Yes. Do you recognize this letter?
I do. Do you recall writing it? Yes, sir.
Is that your signature on page four? It is. Why did you write this letter? It was in response to a proposal in the
federal register in which they solicited comments from interested parties. On page one, in the third paragraph, you
state that Monsanto felt that the EPA
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263 the technology of analytical chemistry available. Those are the -- some of the thoughts that came out. But I'd have to see Che write-up to be able to be more specific. Okay. Do you recall what then existing conditions of manufacture and use made the proposals objectionable to Monsanto? Not, again, in detail. I'd have to see the listing. As I recall, they were in a way discounting the beneficial characteristics of the PCBs, like fire resistance and how effective they were. for example, in electrical uses, without explosions and the like. How does that relate to Monsanto's then
..auditions <j manufacture and use? Well, the use here is for Monsanto and its customers. The manufacture would apply to Monsanto. There are two populations involved here. Do you recall how the proposal was
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262 1 proposals were unrealistically
2 restrictive, not supported by currently
3 available data, and not warranted under
4 the present conditions of manufacture
5 6 A.
and use. Do you see that? Yes, I do.
7 Q.
Which EPA proposals were you objecting
8 9 A.
to? I'd have to see Che federal register to
10 11
12 q.
13
read this subpart one referred to. I don't remember the details on that. Okay. Do you recall -- Without getting into all the specifics, do you recall
14 what it was about the proposal that you 15 felt was unrealistically restrictive?
16 A.
Not specifically. I recall their
17 attempt to define what PCBs are, and it
16 was not scientifically accurate, as T
19 remember. And then there wa6, as best I
20 recall, a proposal regarding the amount
21 of PCBs which would be tolerated in 22 water samples. And it appeared that the
23 -- that requirement couldn't be met with
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264 deemed objectionable because of the conditions of manufacture by Monsanto? What about the proposal? I'm sorry. As best as I recall, it had to do with the requirement that any water associated with the process would have such a level of PCBs that the analytical methodology would not be able to detect. That is just one example of the kinds of things they were referring to. Okay. At the bottom -- Rather, at the top of page two, you state that Monsanto wanted to testify regarding its objections to the EPA proposals. correct? It aoes. Okay. Did Monsanto ever testify at a hearing on those proposals? Yes, sir. Who testified on behalf of Monsanto? If I recall correctly, I think I was the one.
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265 Okay. Do you recall when? No, I don't. Do you recall what the substance was of your testimony? Again, not in detail. But I do recall proposing the ten parts per billion level of detection and the -- I'm trying to also recall -- I think we commented on the analytical methodology and offered copies of Monsanto's methodology. Do you recall what the EPA's response was to your testimony? Not in detail, but it was favorable. They listened. Did they change their proposals in any way? To a degree, yes, they did. They did not go back to their original. They did modify it as a result of these hearings; not just Monsanto, but others that were there. So I'm under the impression that some of what we said impressed them
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267 On page four of the minutes, which is
Bate's number ADM 007284 -I have it.
.
--Dr. Tucker of Monsanto indicates that
"Researchers other than Monsanto have found bacterial degradation of PCBs and
that PCBs have been found to undergo metabolism in both aviarian and
maimvalian animals." Do you see that?
I do.
Do you know what other research
Dr. Tucker was talking about when he was
talking about researchers other than
Monsanto? Not at the moment.
I don't recall.
Okay. Do you recall whether the
degradation and metabolism effects that
Dr. Tucker was talking about were found
for all of the PCB products that
Monsanto was manufacturing? Well, portions of all the products.
What do you mean by that?
There are components within these
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enough for them to reconsider.
266
Do you recall specifically which aspects
of the proposed regulations were
changed? Not really. I'd have to see the final regulations. Now, attached to this letter, the second document, is s - - Nor rbr
next document. I'm sorry. Keep going. No. The other way. Right -- are minutes of meeting on proposed PCB
effluent standards. I see it. You were the chairman of that meeting.
correct?
I was. Did Monsanto organize that meeting? No. The National Electrical Manufacturers Association was the host
group. Vlas Monsanto a member of that organization?
NO.
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268 commercial mixtures that were affected. but not all of the PCBs that were present were affected. Okay. We can go on to the next document.
MR. PECK: Can we take a break? MR. ATKIN: Absolutely. Take a
break. (A break was taken.) MR. ATKIN: We are going to mark Papageorge Forty-six for identification. That is a document bearing Bate's numbers -- well, I'm sorry -a document bearing Bate's numbers -- beginning 11 -I'm sorry -- 1006 -MR. PECK: I think what is wrong is there iB a number cut off, a number of numbers cut off. MR. ATKIN: Right. Why don't we use the other Bate's designation? There is
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another designation of
269
smaller numbers, a document -- This is an
affidavit of Mr. Papageorge
bearing Bate's numbers 175 through 189. And the affidavit is sworn to on
March 14th, 1974. (Plaintiffs' Exhibit Number
Forty-six was marlced for identification.) THE WITNESS: I have briefly reviewed the documents. Okay. Do you recognize it?
I do. Do you recall making this affidavit?
I do. Did you draft it yourself? I had help. Who helped you? Dr. Tucker for the analytical portions.
Elmer Wheeler with the toxicity data. Did you have any help from legal
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271
referring?
In 1974 there were no further studies by
anyone.
Okay. Were effluent standards set for the unique conditions existing at each
point source? - No.
'
-
On page four of the document, in the third paragraph, you point out that as of 1974 there were forty million pounds of PCB being manufactured in the U.S., compared to eighty million pounds prior to 1971. And you state that, in quote. "This lends perspective to the current debate over modest losses of PCBs to waterways." Do you see that? Yes. What did you mean by that? The reference -- The inference here is that the forty million pounds still being sold at that point in time were contained in systems that were considered to be closed systems. By
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270 drafting this document? I let them see drafts of it as I was developing and asked for their comments. I don't recall any sections that they
modified. Did they give you their comments?
Yes. Okay.
The primary purpose of this
affidavit was for Monsanto to set forth
objections to the proposed federal
regulations on PCBs, correct?
The primary purpose was to comment, and
they turned out to be objections.
Okay. On the bottom of page two, the
last sentence on page two, you state.
"We recommend studies be conducted to
obtain the relevant data and that
effluent standards be established which
are appropriate for the unique
conditions existing at each point
source." Were studies ever undertaken to
obtain the data to which you were
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272 closed systems, it was understood that the PCBs in the system would not be permitted to enter the environment. So with that kind of application, it does lend itself to a perspective regarding losses to waterways that didn't exist when PCBs were used in paints and sealants and on and on. Okay. And what did you mean when you said there were modest losses of PCBs to waterways? Well, that is the realistic way to describe industrial chemical. You can't say zero losses. By modest losses, it indicates small amounts. Which waterways were you referring to? No particular type. If you mean lakes or rivers, it is just in general. Okay. Let me ask you this: Did you believe that the PCB contamination of Choccolocco Creek and Snow Creek were modest?
MR. PECK: Object to the form of
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273 the question. In that day and age, yes. What do you mean by that? I associate the PCBs in Choccolocco Creek with the PCBs that were generated. created, produced over decades from the 1930s to the 1960s. With the understanding that existed in that period, the PCBs that were introduced inco the environment were still perceived to be modest since no effects were noted. They were perceived to be innocuous industrial chemicals out there in the river. Okay. That's all I have on that document, which brings us to Papageorge Forty-seven. (Plaintiffs' Exhibit Number
Forty-seven was marked for identification.) MR. PECK: Are you going to identify it? MR. ATKIN: Yes. I'm sorry.
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himself or one of his associates.
275 I
don't know.
If the first paragraph it states, "Last month when Randy Graham and I visited
your plant to discuss the PCB problem, we did not intend to cause undue alarm or create any panic concerning the use
and handling of polychlorinated biphenyls."
Did you have a sense from
Mr. Cavenaugh that you had in fact caused undue alarm or created panic concerning the use and handling of PCBs? I don't recall if it was Mr. Cavenaugh, but somebody in his organization
expressed this concern.
In the second paragraph you state that Arodors do affect some species of birds and marine life. Do you see that?
Tes.
Was that information ever conveyed by Monsanto to the residents of Anniston, Alabama?
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274 Two-page document bearing Bate's number DSW 018254 and DSW 018255. It is a letter from Mr. Papageorge to Mr. D. E. Cavenaugh dated July 6, 1970. Do you recognize this document, sir? I do, yes. Do you remember writing it? Yes. What prompted you to write this letter? In the summer of 1970 I visited plants that used PCBs in electrical equipment manufacture. And while visiting this particular company plant, Espey Manufacturing Company in Saratoga Springs, New York, I was requested to put in writing a summary of the topics we discussed. And this was my attempt to do so. When you say you were requested to prepare a summary, who requested that? I don't recall if it was Mr. Cavenaugh
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276
No. On page two of the letter, in the second
paragraph, you state that unusable
Aroclors should be disposed of by
incineration. Do you see that?
Yes.
Is incineration the most effective
method of disposing of PCBs?
Under the proper conditions, yes.
In that same paragraph you caution that
improper incinerr i
oraa
in the production of highly toxic
materials. What types of highly toxic
materials can be produced by the
improper incineration of PCBs?
Well, as I understood it, there are many
chemicals that could be formed when you
have of course carbon, hydrogen. chlorine, and oxygen. And depending of
course on the rates of destruction and
the amount of oxygen present and the
temperatures, one could get a real mixture of chemicals.
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277
Are you calking about chemicals such as
furans? That is an example, yea.
And dioxins?
Dioxins, yes.
Okay. And in this instance, at that point in
time, I was -- I'm going to call it overly conservative in terms of guessing
that Che worse would happen in order to avoid anything happening.
Nov, you also indicate in this letter it is also important that contamination of
the atmosphere be eliminated, correct? Certainly.
Jumping back for a second, when you talked about the types of the certain
highly toxic materials can be produced
by improper incineration of PCBs, does
that also hold true that certain highly
toxic materials can be created during
the production of PCBs? First let me correct something.
I don't
278 1 know that I said they can be produced --
2 will be produced. I said may yield
3 materials.
4 Q.
5 A.
Okay. Because it was a theory rather than a
6 fact at this point in time.
7 Now, you aBked if highly toxic
e materials can be produced during
9 manufacture?
10 Q.
To use your terminology, why don't we
11 say "may be yielded."
12 A.
May be yielded. It is possible if the
13 operation isn't controlled properly, too
14 much time is taken, and the temperature
15 is too high, again, all the factors that
16 should be controlled are not, you are
17 going to end up with something other
18 than the PCB you are looking for.
19 Q.
Okay. That's fine. The next document.
20 this is Papageorge Forty-eight for
21 7 22
identification. It bears Bate's numbers GSW 009731 through DSW 009734.
23 (Plaintiffs' Exhibit Number
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279 Forty-eight was marked for identification.) I have looked at it, scanned it, yes. This is a 1970 presB release issued by Monsanto? Yes. Do you recognize this? Yes. Did you participate in the drafting or approval of this press release? Yes. What was the nature of your participation? It was accomplished really by my person-to person discussion with Mr. E. V. John. Who was Mr. John? He was the public relations representative with Monsanto. Is he still with the company? No. Do you know when he left? Oh, about the mid '70s.
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Do you know if he is Btill alive?
...
I don't know. Okay. On page two it indicates that,
"Commenting on a recent report that PCB
can induce birth defects in animals.
Minckler said" -- By the way, who is
Mr. Minckler?
He was the general manager and was a
vice president of the organic chemicals
division of Monsanto Company.
"Mr. Minckler Baid, 'Monsanto is not
aware of any scientific data that
indicates polychlorinated biphenyls may
cause birth defects.'" Was that a true
statement --
Yes. --at that time?
Yes. And on page four of the press release it
states that Monsanto's incineration
system could break down PCBs into harmless materials, correct?
Correct.
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281 In the next to last paragraph it indicates Monsanto Btated that the loss
of PCB from our manufacturing plants has
been negligible.
That wasn't a true statement, was it? Why not? It was not a storm of PCBs
flowing down the city streets. I don't know what you mean by not negligible. What do you mean by negligible? An amount that doesn't result in any
known harm. Do you know what the total amount of PCBs that were lost in Anniston over the
years was? I thought we answered that earlier.
I
don't know. I'm done with that.
How did I refer to
it, Forty-eight -- Let's call that --
(Discussion held off record.) (Plaintiffs' Exhibit Number
Forty-nine was marked for identification.)
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283 Department of Health, I believe, or some regulatory agency that had to do with water and landfills and the like. Now, is it accurate to say that Monsanto was interceding with Mr. -- that you were attempting to intercede with Dr. Loughry on behalf of Westinghouse to obtain permission for Westinghouse to dispose of PCB wastes in a Pennsylvania landfill? I was asked to. Who asked you to do that? Mr. Viland. At the bottom of the first page and on to the top of the second page, you aiscuss a study that was undertaken by Monsanto of soil in which PCBs were deposited approximately thirty years earlier. Actually, it is thirty-two years earlier, correct? Yes. The results show on page two -- the results shown on page two indicate that
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This is Bate's numbers NEV 003895
282
through 003896, a two-page document, a
letter, from Mr. Papageorge to Mr. Viland, V-i-l-a-n-d, dated October 1st, 1970, with CCs to -- with BCb to Mr. Benignus and Mr. Graham.
Do you recognize this?
I do, yes, sir. Do you remember writing it?
Yes, sir. When was the last time you saw this
letter? I'm sorry? I'm sorry. When was the last time you saw this letter? I don't know specifically. It wasn't in rhe laor No. A half a dozen years ago. I just don't recall.
That's fine. In the second paragraph, you mention a Dr. Loughry,
L-o-u-g-h-r-y. Do you know who he was? He was a scientist with the Pennsylvania
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284 after thirty years the Aroclor 1242 was still present in the soil, correct? Correct. Isn't it fair to say, Mr. Papageorge, similarly, that the PCBs that are present at Mars Hill Missionary Baptist Church in the soil will be present chere for decades?
MR. PECK: Object to the form of the question. It calls for speculation.
You can't draw a direct analogy because the environment is different in terms of what microbes are in the soil, what plant growth is involved, and all the other factors. So I cannot predict how long it will last. I don't think anybody can. Okay. The laBt sentence, you state. "Apparently we do not have anyone within the Monsanto organization who can talk Dr. Loughry's language." Do you see that?
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285
I do. What did you mean by that? It meant that I couldn't communicate
with Dr. Loughry in a way that I believed he understood vhat our needs
were
how he could cooperate, nor did
T
from
any indication he was
willing to try. You found him to be very opinionated regarding the types of wastes he would tolerate in the landfill, correct?
He was -- Yes, he was very opinionated.
And he insisted that he had to have research data on the behavior of PCBs on
various Pennsylvania Boils over long
periods of time before he would allow them to be introduced to a landfill in
Pennsylvania, correct?
That is correct.
Let me give you what will be marked as Papageorge Fifty for identification.
For identification purposes, this is a memo or a letter from D. B. HoBmer
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287 to here? East Coast Terminals is a facility located in North Carolina, as I remember, which received fish meal. I'm sorry. Received what? Fish meal from Peru and introduced it into a heat treating system to pasteurize it. The system was heated with PCB type fluid.
The material, as it was processed. was conveyed by screw conveyers in troughs that were jacketed. And between the trough and the outer jacket the heated PCB fluid would circulate. And the material as it traversed through this system would be heated long enough to pasteurize out the other end.
A leak developed between the outer jacket and the trough, and PCBs were introduced into the fish meal. The operators of the unit continued to operate. The fish meal of course contained PCBs now. It was eventually
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286 to Mr. Papageorge, dated August 11th, 1971, with a cc to Mr. John. Have you had a chance to look at that?
(Plaintiffs' Exhibit Number Fifty was marked for identification.)
I have. Do you recognize this document? I do. Do you recall receiving it? Yes. Have you reviewed it any time in the recent past? No. In the first paragraph, Mr. Hosmer states that he was contacted by a John
Piccorello of Science Magazine
concerning PCBs? Yes. And that Piccorello had asked about the incident at East Coast Terminals.
What was the incident at the East Coast Terminals that was being referred
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288 sold to poultry feed formulators. and in
turn the poultry feed was sold to the poultry operators, and it got into the
poultry. That is in general the
situation that occurred. What happened to the poultry?
There were several symptoms noted. For
one, the eggs wouldn'c hatch. Another was the ** as I recall, that the chickens 6howed symptoms of illnesses.
like water accumulation. I believe it's
called edema by medical people.
Swelling?
Swelling, because of water retention. In fact, I believe some of the poultry
actually died. That's what happened to
the poultry.
Do you know how many died? I don't recall anymore. Okay. In the second paragraph of this
memo -Yes. It states as follows:
"Finally,
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269 Mr. Piccorello brought up the testimony about PCBa in Washington. He said he understood that fish in a river in Alabama contained a great deal more PCBs than was permitted and our plant discharged to this river. Three hundred parte per million were quoted." Do you see that? I do. Do you know what river in Alabama wae being referred to here?
MR. PECK: Object to the form of the question.
Right or wrong, I assume he was referring to the Coosa River. Okay. And Hoemer states, *1 Baid the stream was a creek, not a river. And there were many other discharges to it and doubted if I would want to wade in the creek for many reasons."
Is the Coosa River a creek? Not in my understanding. What difference, if any, does it make if
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291 MR. PECK: Object to the form of
the question. What are they?
MR. PECK: Object to the form of the question.
In the area in which the Anniston plant Monsanto's plant is located, it ie an
industrial area and had several foundries, for example, that spewed all kinds of materials, quench waters. acids, fires blazing with fumes going out in the atmosphere. It was quite a site at night at that time, a lot of industrial activity. So I can understand why Mr. Hosmer, who incidentally used to be a plant manager at Anniston, was aware of the conditions in that industrial area. Okay. And Mr. Hosmer indicated that he doubted if he would want to wade in the creek for many reasons, correct? Yes, he did. And ie that because the creek was so
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290 the body of water being referred to aB being contaminated by PCBs was a creek or a river?
MR. PECK: Object to the form of the question, calls for speculation.
It doesn't. It doesn't make any difference? In my way of thinking, there could be differences. Not all creeks are capable of supporting fish, for example; whereas a river is more capable of supporting several species. So when they are talking here about contaminated fish, I tend to think of a river as distinguished from a creek. That doesn't make it right, but that is the way it struck me. Okay. He refers to the fact that there were many other discharges to this -what he calls a creek. Do you know what other discharges he is talking about? I believe I do, yes.
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292 contaminated that he believed it was
dangerous? MR. PECK:
Object to the form of
the question, calls for
speculation as to what Hosmer
thought, whatever he did.
I can't speak for Mr. Hosmer, but it was
an industrial area with many materials
present in that neighborhood.
Did you ever ask -- Did you ever discu&6
the contents of this letter with
Mr. Hosmer? Yes, I did. I don't remember the
specifics any longer.
Do you remember whether or not you
discussed that specific statement about
doubting whether he would want to wade
in the creek? He said, "Oh, man, there is all this
stuff in there, Bill. It would chew the
skin off of my leap." rV\P-
*- * i u
Okay. Thank you. I hand you what will be marked for identification as
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293 Papageorge Fifty-one.
(Plaintiffs' Exhibit Dumber Fifty-one as marked for identification.)
I hand you for identification what Hill be marked as Papageorge Fifty-one. And for identification purposes, this is a letter dated August 15th, 1971, with two pages of attachments. The designation -- the Bate's designation on the letter -- Here He go. The designation is MONS 0N899 -- 089995 through 089999. And I'd ask you to take a look at that. please, sir, if you could. I have scanned the exhibit. Thank you. Do you recognize this letter? I do. Did you receive a copy of this letter? I don't believe I did. okay. How do you recognize it? I saw it the other week, last week. When you met with the attorneys?
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295 levels, as Aroclor 1254, compared with the controls. There is a seventeen percent difference." Do you see that? Tee. On page two of the letter, in the middle section. Dr. Suttkus refers to a second test in which fish exposed to PCBe similarly did not show a reduction in their PCB levels compared to the confrolfi. Is that correct? Yes. The word "similar" is your word. I was looking for it in the text. Okay. That's correct. In fact, it indicates and states specifically, "However, the results are not good since both analyses show us that Aroclor 1254 residues have not reduced as we had hoped they would," correct? That's what it states, yes. It then goes on to refer to analysis three, correct?
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Yes.
294
2 Q.
Okay. This letter appears to be a
3 suntnary of a study of PCB levels in fish
4 in Choccolocco Creek, the Coosa River, 5 and its tributaries, correct?
6 A. 7 Q. 8
Correct. And at the time, at the bottom of the first page. Dr. Buttkus indicates
9 that --
10 MR. PECK: Suttkus. 11 MR. ATKIN: I'm sorry?
12 MR. PECK: Suttkus.
13 MR. ATKIN: Oh, Suttkus. Thank
14 IS Q.
you. Dr. Suttkus indicates that fish exposed
16 to PCBs did not show a decrease in PCBs
17 ' in their system, is that correct.
18 19 A.
compared with the controls? At the very bottom of the first page?
20 Q. 21
Yes. The part that states, "This comparison shows that the fishes in the
22 experimental area do not show a 23 corresponding decrease in PCB residue
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296
1 A. 2 Q.
It does. Okay. And the final sentence in that
3 section states, "At this point we would
4 have to say that the data are
5 . detrimental to Monsanto," correct?
6 A.
It does say that, yes.
7 Q.
Okay. On the last page of this letter
e it indicates that the fish in the
9 Anniston area not only had high levels
10 of PCSs but alrc usrt dtftitr.ci,
11 and listless, correct, referring to
12 the - -
13 A.
I do see it, yes.
14 Q.
In the first paragraph?
15 A.
That is correct.
16 Q. 17
Specifically it states, "Of course visual observations won't tell us what
18 caused these fishes to become deformed 19 or sick, but we must consider the total 20 observations as a crude indication that 21 something is indeed wrong in these
22 areas," correct?
23 A.
Yes.
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297 On Che last page he also indicates chat he understands that Monsanto's discharge of PCBs was decreased as compared to previous years, correct? Yes. Do you know how much more extensive Monsanto's PCB releases to the river were before this period of time?
MR. PECK: Object to the form of tiie question.
I don't know how far back he goes, sir. to make his comparison. Okay. In that same paragraph -- Well, hold on. In that same paragraph, he states -- Dr. Suttkus states, "Certainly you would not want to give the discharge figures" -- Well, he doesn't say -- "you would not want to give the figures in a news release," correct? It does say that, yes. Were the discharge figures, the discharge levels that he is referring to, ever released publically in a news
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299 1 some planes and the fact that 2 I have more questioning. We 3 are going to pick this up at 4 another time. 5 (At 4:20 p.m. the deposition 6 was continued to an 7 unspecified date and time.) 8 9 10 11 12 13 14 15 16 17 18 19 20 21
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release? I think the local newspaper had
298
reference to them, but I don't recall the specifics anymore.
Okay. That' s all I have on that. We'll mark thiB for identification
as Monsanto Exhibit Fifty-two.
(Plaintiffs' Exhibit Number Fifty-two was marked for identification.)
MR. PECK: Can we take a short
break? MR. ATKIN: Sure.
(A break was taken.)
MR. ATKIN: Just for the record.
we are going to adjourn the deposition of Mr. Papageorge at this time to be continued
at another date upon
agreement of counsel, given
the hour of the day and the
fact that counsel and Mr. Papageorge have to catch
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300 1 I do hereby certify that the witness 2 whose attached deposition was taken before me 3 was by me first duly cautioned and sworn to
4 tell nothing but the truth in the cause
5 aforesaid; chat the testimony contained herein 6 was by me reduced to writing in the presence 7 of said witnesses by means of stenography and. 8 afterwards transcribed by means of computer 9 aided transcription. The foregoing is a true 10 and accurate transcript of the whole of the 11 testimony given by said witness, as aforesaid. 12 I do further certify that I am not 13 connected by blood or marriage with any of the 14 parties or their attorneys or agents and that 15 I am not an employee of any of them, nor 16 interested in the matter of controversy. 17 IN WITNESS WHEREOF, I have hereunto set 18 my hand and affixed my notarial seal at 19 Gadsden, Alabama, County of Etowah, this 15th 20 day of April 1998. 21
Deborah Salers Garrett 22 Certified Shorthand Reporter
Registered Professional Reporter 23 Notary Public, Alabama-at-Large
My Commission expires: 3-7-2001
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02406 244:20 027584 192:23 027590 198:14 027591 193:2 029900 162:19 033851 79:6 033854 79:7 056663 59:3 056667 59:4 056670 59:18;
63:4
056671 60:20 056672 60:23;
61:22; 62:14 056673 59:3;
64:1 089995 293:12 089999 293:12 093668 152:2 093704 152:2 . 096865 185:4 096866 185:4 098219 108:9 098414 117:6 099126 237:12 0N899 293:12
1
1 123:2 10-8-69 64:12 10019 2:7 1006 268:17 101 3:10 103 3:10.5 108 3:11 10th 62:21;
171:21 11 3:3.5;
268:16 11-10-69
224:18 112 3:11.5 114 3:12 117 3:12.5 11th 286:1 12 156:1 12-8-1970
112 : 6 1221 107:20;
151:12; 238:12; 239:22; 243:13,21,23; 244:4 1232 151:6,15 1242 47:20; 104:23; 105:2,4; 115:20; 116:14; 137:21; 141:5,11; 150:9,15; 284:1 1248 89:10,19 1254 74:13; 76:2,11; 89:11; 116:1,
Page 1
2,5; 137:21; 141:5,11; 150:10,16; 164:15; 295:1,18
1 O C f\ 1 Cl . r 1 r-
1262 238:13; 239-23
1268 151:6,15 12th 155:16 1300 157:10 1301 2:6.5 1310 156:21;
157:8 13187 54:10 137 3:13 140 3:13.5 142 3:14 145 3:14.5 148 3:15 14th 47:12;
158:2,10; 185:5; 269:8 152 3:15.5 154 3:16 157 3:16.5 15th 60:1; 62:15; 88:14; 105:1,18; 155:4; 293:8; 300:19 162 3:17 171 3:17.5 175 269:5 183 3:18
1 OA 1.1Q c_____________
189 269:6 18th 90:8;
231:8; 261:8 193 3:19 1930s 198:3;
2 73:7 1943 9:19 1947 9:22;
10 : 3 1951 10:4;
11:13 1954 12:8 1955 12:11 1956 13:14 1957 13:22 1958 183:8,23 1959 14:10 1960s 197:13;
273 : 7 1961 15:1 1964 15:20 1965 16:5;
HARTOLDMONO012456
PAPAGRGE.TXT
31: 6
1967 171:21;
174 : 17 / 177 : 23
1968 33 : 10 ,21;
40: 14, 22;
41: 19; 44 :9;
45 : 14, 22
1969 27 : 2 0 / 28 : 18; 30 : 10 ;
31: 4,9 / 32 : 12; 33 :5;
37: 23; 38 : 2;
44 : 9; 45 : 14,
23; 47 : 12 ,16,
19; 67 : 17 /
72 : 2; 73 : 1, 18; 161:14;
185 :5;
193 : 14
198 : 19
206 : 18 207 :4; ' 23 0:16
197 0 16 : 7; 52 : 13; 54 : 14, 18; 56 : 7, 16;
57: 14; 59 : 1, 8; 60: 1,9 / 62 : 16, 21;
69: 17; 72 :21;
78:9; 81:23;
82:6; 85:1;
87:3; 88:3,
14; 89:7,8;
90:8; 93:8,
18; 96:15;
97:7,12;
98:19; 100:2;
' 101:16,22;
102:5,12;
105:1;
106:11;
108:8; 112:8;
113:16;
137:20;
163:12,17;
165:1; 168:3;
173:21;
174:2; 188:1;
190:2,9,12,
18; 202:16,
18; 231:8;
233:9; 274:6,
* ^ , ^
nn
a
, ? :1;
282:5
1970s 159:20;
160:6,21;
161:2,21;
162:7 1971 57:9;
113:1,2,3,15; 114:8,18; 115:2,18; 117:7,14; 121:23;
122:2,11;
139:2; 141:7, 10; 142:23; 143:13; 144:3; 146:12,20; 147:9; 196:23; 197:1; 198:3; 199:5; 235:19; 236:16; 237:14,21; 246:7; 271:13; 286:2; 293:8 1972 242:3 1973 16:13,21; 120:12 1974 261:8; 269:8; 271:2, 10
1977 17:5,21; 133:18
1978 222:14 1980s 142:12;
159:20; 160:7,22; 161:3,22; 162:8 1982 216:14; 217:1 1983 18:18; 134:7; 152:20; 153:14; 158:2,11,20; 159:9,16 1984 155:16; 156:1,18; 157:7 1985 155:4 1986 19:2,8 1987 129:7; 131:6,14; 132:17;
134:14,17,23 1993 214:10 1994 126:7 1995 126:7 1998 1:17;
5:8; 6:1; 300:20 1:20 1:16; 5:8 1st 57:9; 108:8; 112:23; 113:2; 237:14,16,17, 21; 282:5
2
200 2:3.5 203 3:19.5 20th 1:19;
2:10.5 214 3:20 216 3:20.5 21927 2:13 21st 57:14;
58:23; 62:16; 105:3,18 221 3:21 222 3:21.5 224 3:22 22nd 59:8; 105:5 231 3:22.5 233 154:2 234 4:3 237 4:3.5 23rd 28:17 244 4:4 248 4:4.5 24th 27:20; 142:23 25 3:4 259 4:5 269 4:5.5 273 4:6 27420 2:13.5 279 4:6.5 28 3:4.5 281 4:7 286 4:7.5 28th 153:14 293 4:8 298 4:8.5 29th 117:6
3
3-7-2001 300:23.5
300 1:18; 2:10,18
304 2:4 30th 60:1;
Page 2
163:12,17 31 1:17; 5:8;
6:1 35203 2:11 35901-0755
1:23.5 3rd 214:10
4
4 235:5,22 40202 2:4.5 47 3:5 4:20 299:5 4th 59:8; 60:9
5
5 2:17 5-10 63:7,8 505 1:19;
2:10.5 5060 238:13 53 3:5.5 5460 238:12,
13; 239:15; 241:13; 243:13,21; 244:1,4 58 3:6 5th 183:7
6
6 2:22; 47:16; 54:18; 56:16; 274:6
6671 63:5 69 3:6.5 6th 69:17
7
7 3:3 71 63:6 755 1:23 78 3:7 7th 78:9;
101:16; 112:7
8
8-9-70 89:4 57 3:7.5 88 3:8 8th 67:17;
87:2
HARTOLDMONO012457
PAPAGRGE.TXT
9
9-13-70 93:2 90 3:8.5 95 3:9 98 3:9.5 9:00 123:2 9th 193:14
A
a.m 123 :2 A1221 242:18;
243:10 A5460 242:18;
243:10 abatement
224:19 abilities
138:20 ability 33:8;
103:5,8; 138:8; 226:22; 228:20 able 38:23; 42:14; 48:18; 50:13; 121:19; 176:20; 263:4; 264:9 above 40:21; 74:15; 93:7; 153:8,10; 217:10; 240:18; 241:17; 254:2 absolutely 54:8; 111:16; 268 : 7 absorb 50:1 absorbed 200:12 acceptability 16:22; 17:6, 10; 18:5 acceptable 79:17; 96:20; 240:19,21; 241:22; 242:10 accident 51:4 accomplished 279:14 according 35:3; 59:6, 20; 62:12;
64:23; 198:16 account 136:15 accounting-wi-
se 136:12 accumulation
288:11 accurate
46:12; 138:9; 197:21; 230:15,21; 262:18; 283:4; 300:10 accurately 27:11
accused 213:1, 3; 226:18
achieve 122:12 achieved
121:23; 122:4 achievement
119:11 acid 44:10;
47:21; 49:19; 52:21 acids 291:11 ACM 260:1,2 acquisition 133:12 across 221:2 Act 250:21; 251:2,7; 253:17 action 1:6; 235:20; 236:4; 247:17 actions 93:16; 233:16,19 activities 14:6,9,14; 79:16; 99:14; 130:16 activity 25:20; 50:23; 91:6; 124:7; 129:6; 130:14;
136:8,16; 167:22; 191:6; 199:23; 256:13; 291:14 actual 12:15; 20:15; 61:11 actually 32:15; 34:9; 36:8; 38:12; 54:8; 67:16;
72:22; 77:16; 136:14; 149:12; 205:23; 235:4,13; 237:2;
256:2 0;
283:19; 288:16 ADAM 2:9; 19:21; 103:13 added 13:2; 240:2 addition 18:3 additional 9:22; 110:5 additive 179:13 additives 13:10 addressed 47:13; 112:12 ; 158:5; 183:9; 194:19; 195:20; 249:17 adhere 63:18 adj oum 298:16 ADM 260:10,11, 12,14; 267:2 Administration 179:12 admission 204:1 adopt 195:22 adopted 141:22,23 adverse 247:23; 248:3 advice 208:8 advised 187:1 advising 123:23 affairs 44:4 affect 275:18 affected 227:11; 228:7; 230:1, 3,4; 268:1,3 affidavit 269:4,7,16; 270:9 affixed 300:18 aforesaid 300:5,11 Africa 172:20 afternoon
Page 3
6:16; 20:16; 201:15,17 afterwards 300:8 age 273:2 agencies 17:18; 122:16; 190:16 agency 94:10; `l"3Q*14; 22 agents 300:14 agitator 14:20 ago 8:20; 249:5; 282:18 agree 139:6; 207:10; 213:6; 220:17; 253:14 agreed 5:2,9, 15,22; 102:23 agreement 245:16; 247:21; 298:20 agreements 246:5,10; 253 -.13 agricultural 124:22; 158:6 Agriculture 158:4; 159:7; 190:5; 191:2 ahead 54:7; 252:15 aided 300:9 ailments 226:17 aimed 233:23
air
22; 97:1,22;'
111:17,18; 115:7,13,21; 116:11,16; 122:1; 128:6; 141:20; 161:20,23; 174:19 airplane 23:16 airport 128:5 al. 1:4.5,8; 91:12; 92:3, 6; 203:15 ALABAMA 1:1, 20,23.5; 2:11; 5:7,8;
6:1; 16:6;
HARTOLDMONO012458
fafAGRGE.TXT^
27:22; 28:17; 82:12; 85:12; 104:9; 106:5, 18; 107:5,14; 150:6,13; 155:7,10; 158:7,17; 191:9,19; 196:4,16,21; 197:6,17; 198:1,6,12; 207:11; 229:11,13,14; 232:22; 275:23; 289:4,10; 300:19 Alabama's 155:14 Alabama-at-La rge 300:23 alarm 275:6,12 alike 235:9 alive 280:1 allegation 228:4 allegations 175:20,22; 176:9; 212:16; 226:7,16; 227:2,4,11 alleged 213:3; 226:2,3,11; 248:8 Allen 155:8; 156:12 allow 182:7; ' 204:8; 285:16 allowed 77:2; 113:20 allowing 6:9 almost 217:6 alone 259:13 already 24:3; 104:5; 111:15; 130:12; 167:23; 177:21; 178:20; 189:20; 222:22; 226:1 Although 154:8 altogether 24 : 11 ama1gamation 244:17
ambient 115:7 American 115:9 Americas 2:6.5 ammonia 211:10 among 78:23;
249:17 amongst 258:19 amount 62:13,
22; 77:2; 113:13; 115:12; 147:14,17; 220:9; 252:10,16,20, 21; 253:5; 262:20; 276:21; 281:11,13 amounts 35:6; 36:4; 64:3; 252:2; 272:15 analogy 284:12 analyses 41:23; 74:3; 143:20; 155:15,23; 156:13; 295:17 analysis 72:6; 144:17; 145:4; 148:9; 156:3,16; 295:22 analysts 106:14; 247:10 analytical 41:12; 51:16; 70:5,8,23; 91:2; 95:3; 103:5; 138:8, 13,20; 143:19; 263:1; 264:8; 265:9; 269:21 analyze 39:7; 75:3,7; 209:6; 233:20 analyzed 41:4; 46:1 analyzing 41:15; 142:9 animal 31:10; 169:13; 182:10 ; 242:2; 250:14 animals 32:3; 167:3,11,15;
169:10; 180:9; 227:19,21,22; 228:14; 229:5; 267:9; 280:5 Anniston 16:6, 9; 24:20; 27:1,22; 28:3,17; 29:15; 35:14; 44:9,19; 45:11,22; 55:14; 56:1; 59:2; 71:12; 73:8; 77:20; 81:12; 88:2; 90:9,15; 91:1; 95:10; 96:11; 97:5, 9,12,16,20, 23; 99:4; 100:23; 102:1; 104:8; 109:3,8,12; 111:19; 113:3; 122:6, 9; 137:21; 141:6,12; 142:3; 148:8; 151:2; 156:17; 158:7,17; 159:1; 161:4, 13,15,23; 162:9; 182:2 0; 191:9,19; 196:3,15,21; 197:4,6,17, 23; 198:7,11; 199:1,10,21, 22; 200:10; 206:21; 207:3,11; 208:13,19,23; 209:3,8; 216:13; 231:6,22; 250:20; 251:1,6; 275:22; 281:14; 291:6,17; 296:9 announced 168:2 annual 133:20
Page 4
annually 133:4,5
another 19:3; 25:16; 28:12; 46:21; 52:6; 70:18; 118:19; 216:5; 221:9; 234:13; 269:1; 288:8; 298:19; 299:4
answer 10:15; 11:2; 44:16; 45:8,18; 46:7; 63:19; 65:23; 67:12; 98:7; 145:10; 160:11; 182:23 ; 204:16,19,21; 205:3,6,14; 214:20; 215:16
answered 170:10; 206:9; 281:16
answers 33:20, 23; 46:9
anticipated 120:7; 213:22
anybody 32:10; 45:16; 68:18; 97:4; 101:5; 168:17; 175:9; 196:11; 225:11; 243:22; 284:18
anyway 229:14 apologize
25:15; 65:17; 146:5 apparently 29:11; 30:9; 42:3; 69:18; 78:11; 101:17; 105:21; 112:4; 137:10; 156:2; 171:22; 186:17; 193:2; 214:8; 284:20 appear 23:5; 94:16,21;
HARTOLDMONO012459
PAPAGRGE.TXT
234:22 appeared
178: 6; 258:21; 262:22 appearing 136:18,19 appears 117:7;
, ;125:8; 149:9,
20 21 163:12; 219:15; 224:17; 226:12; 231:5; 234:11; 235:2; 237:12; 294:2 application 272:4 applied 119:6 applies 46:3 apply 263:21 appointed 12:11; 13:14, 21; 15:1; 16:5,7,21; 17:5,21; 18 :19 appreciate 46:8,10 approach 14:23; 121:4; 129:11; 130:7; 252:5, 11 approached 246:8 approaches 120:10; 124:2 approaching 8:13; 197:19 appropriate 7:19; 179:14; 207:1; 270:19 approval 99:13; 279:10 approximate 134:19,21 approximately 8:9; 11:9; 24:2,10; 34:13; 132:10,12,14, 18; 197:2; 283:18 April 54:18; 56:7,15;
59:7,23;
62:15; 72:11; 73:20; 123:2;
141:10,14,15;
206:18; 207:4; 300:20 area 125:11; 127:17;
135:19; 143:16; 156:17;
161:4,23; 162:9; 186:9, 11; 219:18; 221:4;
223:19,20; 235:17; 236:1,2;
291:6,8,18; 292:8;
294:22; 296:9
areas 165:7;
172:21; 296:22
aren't 118:3; 260:5
arithmetic 65:9,22; 67:1
Aroclor 27:14; 28: 4; 30: 6, 22; 31 3 , 8, 21; 33 4 ; 35: 13,15; 44: 11; 47 : 15, 20; 48 5, 14; 59: 1,7 ,13 ,21; 60: 4; 65: 2; 74: 13; 76 : 2, 3,11; 88: 3; 89: 10,11, 14, 18; 106:12; 107 : 19 114 : 19 115 : 19 116 :1,5; 137 : 2 0 141 :5,10, 11; 146 : 20 150 :9,15; 151 : 1,5,6 ,12, 15; 164:15; 167 = 1; 169:8; 172 : 15 18 / 193 : 15
198 : 2 0 238 : 12 239 : 7,15 ; 241 : 13
243:20; 284:1; 295:1, 18 Aroclors 35:5, 11; 55:18,19, 23; 106:13, 18,23; 107:1, 13; 172:23; 201:19; 206:20; 207:3,8; 238:15,21; 241:14; 275:18; 276:4 around 125:6; 130:15; 217:15; 222:14 arrives 136:13 asks 138:1 aspects 192:6; 266:2 asphalt 201:2 assign 5:19 assigned 12:19,20; 14:16; 15:20; 16:3; 17:11; 18:10,11; 41:13; 55:7; 90:15 assignment 11:13; 12:7, 22; 13:5,15; 29:17; 87:20; 183:21 assignments 15:17; 18:23; 183:20 assistance 15:14; 143:15 assistant 14:10; 71:7; 108:17,22 associate 111:10; 273:4 associated 264 : 7 associates
275:1 Association
266:19 assume 11:3;
289:14 assumed
144:21; 258:14 assuming 39:10
Page 5
assure 96:19 asterisk
60:14,16; 61:21 ate 76:23 ATKIN 2:5.5, 22; 6:7,15, 19; 11:17; 25:8; 29:6; 57:11; 58:9; 83:21; 90:5; 98:12; 103:10,19; 117:1; 122:19,22; 123:8;
151:10;
154:4,16; 168:20; 169:19,23; 170:6,20; 171:3,7,13; 172:5; 193:6; 197:17;
201:9,15; 211:6; 222:11; 224:2; 234:22; 245:1; 255:17; 260:5,17,22; 268:7,10,21; 273:23; 294:11,13; 298:13,15 Atlanta 81:8; 83:11; 250:11 atmosphere 277:14; 291:12 atmospheric 115 : 7 attached 4:11; 54:12; 266:7; 300:2 attachments 261:2; 293:9 attempt 106:22; 192:4,11; 194:7; 208:21; 262:17; 274:19 attempting 190:16; 283:6 attention
HARTOLDMONO012460
PAPAGRGE.TXT
87:21; 101:19 attorneys
23:7,18; 24:5,13; 46:15; 53:19; 85:3; 87:15; 129:13; 130:11; 232:11; 249:7; 293:23; 300:14 attributed 165:5; 176:1; 187:3; 227:12,14 audit 25:2,23; 26:16,23; 28:3; 30:5,9, 14,21; 31:3, 7; 33:18,19; 35:23; 37:10; 72:12; 73:7, 10 audited 30:18 audits 24:19, 22; 26:1,10, 13; 27:3,7, 14; 33:4; 72:14; 73:3,4 Augus t 69:17; 78:9; 82:6; 88:3; 89:8; 231:8; 233:8;
n^no/r.xi f. d* OJ *33 . QO
author 43:22; 80:14; 90:21
author's 44:6; 91:23; 99:18; 102:13,19
authored 183:8; 195:17
authorities 107:5; 152:17
authority 247:11
authors 224:23 automatically
176:2 automobile
13:10 available
33:9,18; 135:8; 202:12,14,20; 262:3; 263:2 Avenue 2:6.5 average 34:5,
6,11; 36:4; 37:1,3,7; 59:7,13; 62:4,6,8,13; 102:4; 141:10,14; 149:9,11,14, 22; 150:5,8, 15; 153:5; 197:13 averaged 59:22; 60:4; 147:9 aviarian 267:8 avoid 182:13; 235:19; 236:3,17; 277:11 aware 25:4; 52:23; 53:1; 82:6,9; 136:12; 152:15; 156:15; 157:16; 159:6,11; 164:13,19; 167:21; 233:6,10,14; 280:12; 291:17 away 39:11; 169:12; 230:23 awful 33:13; 39:3 AWIC 138:15, 17; 149:10; 233:12
B
bachelor 9:16 back 11:11;
14:12; 16:10, 14; 22:1,8; 26:4; 31:15; 48:11; 77:13; 84:8; 135:5; 136:11; 146:3; 192:2; 200:18; 243:6,20; 265:19; 277:16; 297:11 background 9:11,15;
129:14 ' 153:8,10; 176:18 ,23; 177:5 bacterial 267:6 BAPTIST 1:4.5; 68:16; 211:7; 217:2,5 220:12 ,19; 222:15 284:6 base 169:4; 205:2
based 100:6; 102:21 r 103:4,'7; 119:18 r 122:14 ' 210:20
basin 52:5,15 basis 133:20;
161:17 175:21 batch 72:20 Bate 27 : 23 ; 28:18; 53:7, 8; 224 12 Bate's 59:2; 69:18; 79:6; 87:6,23; 98:20; 104:2; 108:9; 112:2; 114:10 117:5; 137:8; 140:19 142:18 145:22 146:12 147:22 151:22 23; 153:18 154:23 162:18
172:1; 185:3; 192:23 231:4;
234:11 17; 237:12,
244:15 18; 248:14
260:1,4,13; 267:2; 268:13, 15,22; 269:5; 274:2; 278:21 282:1; 293:10 BCs 282 5 bearing 28:18;
Page 6
53:7; 59:2; 69:17; 87:22; 98:20; 104:2; 108:9; 112:2; 114 : jlG , 117:5; 137:8; 142:18 146:12 151:22 153:18 154:22 162:18 185:3; 192:23 224:12 231:4; 234:17 237:11 248:13 260:1; 268:13 15; 269:5; 274 :1 bears 27:22; 79:6; 87:5; 140:19 145:21 147:22 171:23 234:10 278:21 became 12:8; 14:10; 37:21; 71:9; 133:17; 164:13, 257:3,20 become 37:11; 164:19, 296:18 becomes 136:14, 261:5 bed 50:11 began 73:16, 18; 106:3; 131:6; 133:19 begin 6 20; 246:9 beginning 84:7; 87:4; 123:3; 130:7; 176:15, 258:11, 268:16 behalf 264:21; 283:7 behave 258:13 behavior 285:14 Belgium 172:13
HARTOLDMONO012461
PAPAGRGE.TXT
believe 9:3; 27:3; 31:2; 32:20; 35:4; 36:6; 48:13; 84:10; 95:1; 103:8; 116:11; 124:17; 144:8; 160:15; 204:10; 217:3,8; 218:23; 232:15; 239:18; 254:10; 258:4; 272:20; 283:1; 288:11,15; 290:23; 293:20
believed 43:23; 50:12; 122:16; 246:19; 247:5; 258:6; 259:8; 285:5; 2 92:1
bell 32:13; 90:9,23; 91:1; 94:20; 140 : 3
below 43:13; 74:15; 96:20; 157:10; 218:12
beneficial " 263:11 beneficiaries
135:9 benefits
121:16; 135:3 Benignus 282:6 BENSON 2:6 benzene 34:19 Bergen 78:9,
17,18; 163:20,21; 168:23; 189:13; 195:4 Bergen's 79:9; 164:10 best IX:9; 14:22; 16:1; 49:3; 72:10; 81:22; 85:1; 97:7; 122:10;
126:10; 131:23; 134:3; 139:2; 165:1; 168:4; 173:11; 238:22; 250:9; 262:19; 264:5 better 95:12; 110:7,18,21; 171:11; 253:1 between 7:1; 52:7; 74:19; 106:23; 107:15; 148:15; 159:20; 160:5,6,13, 21; 213:16, 23; 245:12; 287:12,18 beyond 63:11 bigger 14:18 bill 24:3,12; 55:13; 132:8, 11; 135:23; 136:20,21; 292:20 billing 135:23 billion 42:6; 43:1; 56:13, 18; 57:8; 59:10,23; 62:15,17,22;
63:1; 64:4;
65:2; 66:9, 11,16,19; 67:23; 68:1, 2; 88:6; 101:2; 102:6, 15; 103:4; 104:23; 105:2,4; 112:23; 113:1,4,10, 14; 114:20; 147:11; 149:23; 153:7; 265:6 biology 143:9 biphenyl 34:20; 35:6; 107:9,21; 151:14; 185:11; 244:1 biphenyls 35:15; 107:1,
6,16,17;
192:7; 239:22; 245:14;
275:9; 280:13 bird 227:12 birds 226:15;
227:9; 228:6; 275:18 Birmingham
1:20; 2:11; ' 5:7; 6:1; 155:7 birth 280:5,14 bit 16:14; 31:17; 201:21 blackboard 195:13 blazing 291:11 block 38:18, 22; 39:9,10, 11; 43:12 blocks 68:19 blood 300:13 Bloomington 203:14 body 208:22; 209:4,7; 221:21; 290:1 booklet 100:9, 14,16 booties 207:22 borne 227:5 both 17:18; 49:13; 109:9; 126:17; 178:18; 267:8; 295:17 bothered 215:4 bottom 48:4; 62:6; 214:2 0; 217:16;
222:11; 247:18; 264:12; 270:14; 283:14; 294:7,19 boundaries 38:19,22 boundary 39:12; 217:13,20; 218:4,6,9,10, 20 box 2:13; 21:8; 144:12 bracket 60:15 bracketed
Page 7
60:13; 62:1,7 bran 187:1 break 47:2;
84:4; 169:22; 170:1; 201:14; 224:4,5; 268:6,8,9; 280:21; 298:12,14 breaks 64:8 breathing 178:10; 182:14 briefly 9:10, 14; 11:7; 170:3; 269:12 bringing 173:23; 174:10 brings 147:19; 153:16; 166:22 ; 244:7; 273:16 brittle 13:2 brochures 17:16; 178:6; 181:13 broken 42:4 brought 166:10; 194:6; 289:1 brown 158:6, 13,15; 161:8; 162:2,11; 227:23 Brussels 172:13 Buchanan 173:8,9 buck 79:21 Bud 19:21 building 2:3.5; 204:23 built 203:4 bulldozers 258:22 burdens 208:22; 209:4,7 burn 200:7 burst 219:22 business 78:19; 79:2, 11,13,23; 163:22; 164:5,11; 183:16;
HARTOLDMONO012462
PAPAGRGE.TXT
189:15; 194:16; 195:2,6; 238:7 Buttkus 294:8 buyer 247:21
C
C-a-m-e-r-o-n.
87:5
C-e-r-r-o 9:2 calculate
24:9; 65:7,23 calculated
27:11; 74:13 calculations
14:21; 119:19 CALHOUN 1:2 California
228:1 call 21:11;
23:8; 31:22; 44:6; 80:13; 109:20; 134:11; 186:10; 277:8; 281:19 called 13:1; 34:18; 62:6; 70:17; 116:5; 214:6; 225:20; 288:12 calls 46:7; 52:6; 284:10; 290:5,21; 292:4 came 67:2; 83:12; 1-21; 149 : 6; 243:19; 263:3 Cameron 87:5; 172:21 cannot 31:5; 60:17; 113:20; 284:16 capable 290:10,12 capital 207:5 car 39:4 carbon 276:18 careful 50:22 carefully 182 : 6 Carolina
2:13.5; 287:3 carry 230:13
: , ;case 8:18,21; 21 12 20 125:23; 126:6,22; 127:4,7; 129:12; 214:6,9; 240:8 ; 254:12; 258:21 cases 8:6,9;
126:13,17; 180:23; 214:9 Casperi 184:9 catch 52:5,15, 16; 298:23 categories 74:20 category 107:22 catfish 89:19 cattle 165:4,5 cause 191:12, 20; 242:5; 243:21; 275:6; 280:14; 300:4 caused 192:14; 216:8; 227:20; 275:12; 296:18 caution 276:10 cautioned 300:3 Cavenaugh 274:5,23; 275:11,14 CC 286:2 CCed 173:7 CCs 282:5 center 1:19; 2:10; 143:19; 193:13; 199:23 central 41:13 Cerro 9:2 certain 58:18; 79:15; 82:23; 100:7; 106:17; 107:12; 124:1,2; 135:17; 180:18; 191:12,20;
228:14; 277:17,20 certainly 32:3; 82:9; 86:15; 102:21; 168:14; 207:21; 233:17; 277:15; 297:15 Certificate 2:18 Certified 1:14; 300:22 certify 300:1,
12 chairman
266:14 chance 54:20;
58:13; 97:20; 114:15; 146:14; 170:8; 185:11; 286:3 chainces 118:6 change 84:2; 158:19; 208:2; 242:19; 244:4; 260:13; 265:16 changed 16:15; 130:8; 266:4 changes 257:2, 18 channeled 221:4 characteristi cs 263:12 charge 23:22; 161:9; 189:14 charged 131:16 CHARLES 2:3 charts 84:20 check 136:13 checked 38:3 checking 44:20 chemical 9:17, 20; 12:9; 17:1,6,7,23; 19:5; 90:14; 95:13; 126:3; 179:9,15; 180:15; 211:10; 215:18;
Page 8
239:10; 272:13 Chemically 116:3 chemicals 12:16,18; 13:7,9; 18:8, 11,22; 34:16; 41:15; 55:7; 78:20; 109:1;
1
164:3; 179:18; 238:18; 241:6; 249:15,19; 273:13; 276:17,23; 277:1; 280:9 chemist 33:14; 70:5 chemistry 8:4; 123:23; 129:17; 263:1 chemists 41:13 chew 292:20 Chicago 185:8; 186:4 chickens 228:20,22; 229:4; 288:10 children 210:4,9 chlorinated 35:15,16; 36:23; 106:23; 107:2,5,8; 185:10; 192:6; 207:8;
0 7 0.1/1 2
240:2;*244:2
chlorine 276:19
Choccolocco 37:14,22; 38:4; 44:21; 45:13; 64:6; 67:19; 72:3, 9; 74:15; 81:1; 82:22; 86:8; 89:3, 20; 143:14; 144:4; 148:11; 152:20; 159:8,16,22; 160:8; 233:1,
HARTOLDMONO012463
PAPAGRGE.TXT
8,12; 235:18; 236:2; 272:21; 273:4; 294:4 chromatography 153:1 Chrysler 125:1; 126:9, 10; 127:14; 128:3,5,15; 131:18 church 1:4.5; 68:16,22; 156:21; 157:4,8; 209:13,14,19, 20; 210:15, 16,22,23; 211:3,5,7,8, 9; 217:2,9; 220:12,19; 222:15; 284:7 CIRCUIT 1:2 circulate 287:14 citizens 187:2 city 39:10,11; 67:19; 68:8, 18; 203:14; 281:8 CIVIL 1:6 clarification 10:21; 116:13; 213:15 clarify 10:22; 106:22 clarifying 57:6; 117:2; 171:15; 231:16; 255:18 clay 50:11 clean 15 12 ; 194:2; 195:9, 23; 196:4; 235:14,16,23 cleaned 62:1 cleaning 236:17 cleanup 49:11; 118:23 clear 105:22; 111:16; 149:19; 170:18; 171:9; 223:19;
239:13; 261:5 clearly 136:6 clerk 261:10 clinging
118:21 close 9:4;
127:10; 139:4; 217:19; 233:1,12 closed 271:23; 272:1 closely 91:4 Closest 217:18 closure 233:8 clothes 208:3 cloud 219:22 coast 124:18; 227:23; 286:21,23; 287:2 collect 105:10,12; 148:8 collected 40:13,23; 51:5,10; 72:4; 89:4,8; 104:19; 152:17; 215:20 collection 73:23; 259:2 colors 223:9 column 65:18; 66:9; 75:18 columns 62:8 come 33:20; 34:22; 67:12; 81:22; 106:2; 133:3; 139:4; 140:4; 165:2 comes 102:18; 160:12; 161:7 coming 32:6; 46:15; 167:20 commencing 1:16 comment 270:12 commented 256:19; 257:14; 265:8 Commenting 280:4 comments 45:5; 261:21; 270:3,6 Commerce 191:3
commercial 116:4; 150:19; 206:11; 233:2; 238:18; 268:1
Commission 82:13; 106:6, 19; 107:14; 150:7,14; 232:23; 300:23.5
Commissioner 1:16; 5:6,23
commitment 247:15
Commonwealth 214:6
communicate 107:4; 136:9; 285:3
communications 17 :17
community 120:16
companies 128:18
company 1:8; 17:1,8,23; 18:22; 19:6; 43:17,22; 44:3; 68:13; 78:21; 108:20; 109:1; 124:18; 125:12; 126:20,23; 127:2,3; 128:13; 132:7; 158:7; 164:4; 178:14; 183:15; 245:15; 247:2; 249:20; 274:15,16; 279:20; 280:10
compciny' s 44:1 compare 67:13;
235:21 compared 66:3;
213:19; 216:8; 235:11; 271:12;
Page 9
294:18; 295:1,9; 297:3 comparison 102:13; 294:21; 297:12 compensated 22:20; 23:2, 21 compensation 22:23 completed 30:9; 42:1; 242:3 completion 120:12 complex 120:6 compliance 5:13 comply 184:15 component 35:10 components 25:2; 27:8; 267:23 compounds 76:4; 240:18; 241:18,21 computer 300:8 conceive 201:7 concentration 59:7,21; 64:8; 65:2; 67:4; 76:18; 115:8; 252:18; 253:4 concentrations 153:4 concern 31:9, 11; 179:1,6; 207:13; 239:6,8; 258:19; 275:16 concerned 37:12,21; 50:18; 79:23; 165:23; 166:6,12,15; 174:18; 175:10,19; 176:10; 179:9,22; 246:11 concerning 84:16; 177:10,17;
HARTOLDMONO012464
PAPAGRGE.TXT
178:21; 182:20; 251:22; 275:7,13; 286:18 concerns 79:18,19; 175:15,17; 186:17; 246:15,16,18 concluded 117:15; 119:22 conclusion 176:5 conditions 241:7; 242:11; 262:4; 263:7, 17; 264:2; 270:20; 271:5; 276:9; 291:17 conduct 25:1; 26:13; 28:3; 179:10; 208:11,17; 238:19; 240:9 conducted 24:19; 25:5; 26:16; 37:11; 229:22; 242:2; 270:16 conducting 26:1; 27:2; 30:14 conference ,115:10; 189:3 confidence 103:6; 138:6, 13,20 confidential 43:17; 44:2; 80:5,10; 91:7; 92:1; 99:16; 138:2; 139:8.17; 140:10; 147:3; 148:18 confine 46:8 confirmed 48 :10 confluence 74:16; 81:2 confuse 107:6; 207 : 7
confused 41:6; 61:6; 144:10;
218:3; 231:12 confusing
22:15 connected
300:13 connection
8:18; 24:12; 124:12; 125:3,13; 128:12,15; 130:22; 131:10,17; 132:6,16; 136:17; 163:5,6; 246:5; 249:10 consecutive 244:23 consensus 176:16 Conservation 158:5 conservative 277:9 consider 111:6; 124:1; 167:8; 296:19 considerable 251:18,21 considerably 93:1,7 consideration 103:7; 167:13 considered 167:23; 177:15; 213:5; 216:1; 271:23 consist 73:22 consistent 49:22 consolidated 214 : 9 constructed 105:9 consult 53:20; 92:15; 124:8; 241:3 consultant 19:10,12;
123:14,17,20; 130:6; 131:3,
6
consultants 109:10,16
consultation 132:15
consulted
163:6 consulting
7:21,22; 23:6,18; 24:4,13; 85:4; 124:1; 125:1; 128:12,14,18; 129:1,4; 131:10,18; 143:10,11; 171:1 consumed 111:5,8 contact 256:14 contacted 167:10; 286:16 contacts 167:2; 169:9; 243:18 contain 206:8 contained 105:19; 165:10; 215:12; 271:22; 287:23; 289:4; 300:5 containers
201:6
containing 63:17; 240:7
contains 104:15; 116:3
con taminan t 213 :5
contaminated 109:3; 118:9; 120:19; 164:21; 201:23; 202:3; 205:10; 209:14,21; 210:17; 211:14,15,16; 212:4; 290:2, 14; 292:1
contamination 118:13; 119:23; 165:14; 210:3,4; 212:14,20; 233:4; 272:20; 277:13
Page 10
content 46:1; 76:12; 168:10
contents 32:14; 168:18; 292:11
continual 214:2
continue 12:1, 3; 15:15; 113:21; 117:16,21; 199:16; 241:8; 256:15
continued 123:1; 142:9; 1XOUnX. -X1 /. 245:13; 287:21; 298:18; 299:6
continuing 94:5
continuously 216 : 7
contribute 255:8
control 16:8, 15; 94:16,22; 95:8,11; 112:20; 148:19; 247:13; 253:2
controlled 278:13,16
controls 294:18; 295:2,10
controversy 300:16
conversations 139:15; 168:13; 188:21; 243:19
convey 86:3 conveyed
7 nio iQ.
85:13,21; 275:21; 287:11 conveyers 287:11 convinced 258:4 cooperate 285:6 coordinate 254:13,20
HARTOLDMONO012465
PAPAGRGE.TXT
coordination
255:9 Coosa 89:3;
289:15,21; 2y4 :4 copied 70:11 copies 103:14; 169:1; 173:18; 216:12; 265:10 Copper 9:2 copy 22:7; 80:1; 98:23; 149:7; 173:14; 235:10; 245:11; 293:19 copying 195:12 Cornell 228:3 corner 219:2,7 corporate 70:6,21; 71:3; 188:7 Corporation 125:1; 126:9, 10; 127:14; 128:15; 131:19; 185:9; 186:19; 203:16; 214:8 correct 8:7,8; 10:6; 29:12,
, , ;13; 30:1,2,7,
8 11 12 . 33:1,2,5;
36:5,17; 37:9; 38:10; 40:14; 41:5, 19; 44:17; 47:13,14,22, 23; 48:2,6; 50:15; 56:13, 19; 57:9,10; 59:11,12,16; 60:2,3,11; 61:2; 63:2; 64:6,7,10; 67:23; 69:15, 16; 74:16,17; 76:5,12; 77:21; 78:12, 13; 79:4; 80:2; 83:19; 85:20; 88:8; 89:4,5,12;
91:8; 93:10; 96:5; 97:8; 98:8; 99:1; 101:18,20,21; 102:2; 105:5, 20; 109:4; 111:19,20; 112:14,15,17; 113:5,6,13; 114:21; 115:3; 117:18,19; 120:3,7; 122:2,3,17; 123:14,15; 124:14; 131:4,5,7,8; 137:3,4,17, 18,22; 141:2, 3,8,9,13,17, 18; 143:2,3, 5,6; 146:21, 22; 147:3,6, 11,18; 148:12,13; 149:2; 150:10; 155:17,18; 156:5,14; 157:2,14; 158:8,9,12; 159:3,13,14; 163:15,16,17, 18; 164:7,8, 17,18; 165:15,16; 174:20,21; 176:11; 180:11,14,19; 181:19; 182:15; 186:20; 187:4,12; 193:22; 194:3; 195:10,19,21; 198:21,22; 201:19; 205:3,13; 224:20,21; 232:2,3; 237:15,22; 248:23; 250:21; 264:16;
266:15;
270:11;
277:14,23;
280:22,23; 283:20; 284:2,3; 285:11,18,19; 291:21; 294:5,6,17; 295:10,14,20, 23; 296:5,11, 15,22; 297:4, 19 corrected 213:22 correctly 170:11,13; 264:22 correspondence 22 :7 corresponding 294:23 costly 120:6 costs 119:17 couldn't 33:4; 98:5; 111:12; 262:23; 285:3 counterpart 164:11; 195:1; 225:13; 238:6 country 24:16; 202:11 COUNTY 1:2; 7:14; 300:19 couple 20:15; 168:2; 234:14 course 128:2; 129:19; 161:9; 174:8; 219:23; 223:20; 276:18,20; 287:22; 296:16 cover 25:5; 112:5; 137:10; 222:9; 248:16 coverage 135:6 covered 35:15; 111:15 covering 14:7 Cox 19:21; 20:13 craftsmen 13:17 create 175:15; 259:1; 275:7 created 220:4; 273:6;
Page 11
275:12; 277:21 creating 206:13 creatures 226:21; 227:10 credits 9:23 creek 37:13, 14,22; 38:3, 4; 40:13; 41:1; 44:21; 45:14; 50:20; 51:6,8; 61:1, 4,9; 62:10, 15,23; 64:5, 6,14; 67:19; 72:4,9,23; 73:14,16; 74:15,16; 81:1,2; 82:2, 8,22; 86:9; 89:3; 91:13; 92:20; 93:19; 94:21; 101:23; 102:11; 143:14; 144:4; 148:11; 152:20; 157:8; 159:8, 16,22; 160:1, 8,21; 215:7; 233 :1,8,12; 235:15,16,23; 236:18; 258:3,7; 259:9,10,15; 272:21; 273:5; 289:17,20,21; 290:2,16,21; 291:21,23; 292:18; 294:4 creeks 290:10 Crockett 82:12,18; 83:2,10; 84:13,22; 91:11,20; 92:5,23; 93:20; 137:13; 139:6,16; 140:9; 141:8; 148:7; 232:20;
HARTOLDMONO012466
PAPAGRGE.TXT
233:6; 252:3, 9; 253:14,18, 23; 254:10, 15,21; 255:14; 256:12,18; 257:1,9,14 Crockett's 83:7,15; 256:1,7,9,17 crude 296:20 crys tal 105:22 CSR 5:6 cubic 115:20; 116:11,16,17,
20
CUNNINGHAM 2:3; 215:3; 229:17
curb 45:3 curious 215:3 cur-rent
146:19; 253:20; 271:14 currently 262:2 cus tomary 92:9,13 customer 186:19; 188 :23; 205:1; 246:23 customer's 189:1; 246:21 customers 77:10; ... 166:23; 167:9; 169:7; 177:9,16,21; 178:21; 179:2,21; 180:17; 182:13; 185:23; 186:10,11; 187:22; 188:6,9,14, 17; 189:2,6; 230:11,16; 246:4,9; 263:20 customers' 192:12
cut 268:19,20 CV 11:16 CV-9 6-243 1:7 cyanides
211:10
D
daily 34:6; 100:22; 106:4; 141:5
damage 181:2; 184:18; 226:3,4
damages 226:12 dangerous
292:2 data 27:10;
62:3,5; 83:8; 84:18; 91:13; 92:19; 93:19; 94:9; 138:1, 9,18; 139:7, 13,17; 140:9; 143:13; 144:2; 177:10,17; 178:21; 179:3,7,19, 23; 180:6; 182:20; 262:3; 269:22; 270:17,23; 280:12; 285:14; 296:4 date 22:11; 77:4; 86:17; 93:22; 113:7; 122:13; 134:7; 155:18; 173:23; 181:12,15,18; 183:22; 233:11; 298:19; 299:7 dated 28:17; 47:12; 54:18; 58:23; 64:12; 67:17; 69:17; 78:9; 88:14; 101:16; 108:8; 112:6, 7; 117:6; 155:3; 158:10; 163:11,17; 171:21; 183:7; 185:4; 193:13; 231:7;
237:14; 274:5; 282:4; 286:1; 293:8 dates 122:5 daughter 211:12,21,23; 212:3 DAVIDSON 2:12; 19:20,23; 20:19 day 20:5,9; 34:14; 36:5, 13; 37:2,4; 55:23; 56:9, 12,19; 57:8; 59:13,23; 60:4; 82:3,8; 88:7; 93:4; 102:7; 114:21; 115:15; 121:22; 122:1; 138:16; 141:13,21; 147:10; 149:15; 150:1,8,9,15; 203:8; 232:8, 10; 253:20; 273:2; 298:21; 300:20 days 56:4; 60:9; 62:20; 115:15; 235:10,12 DDD 227:16 DDT 176:2 DDTs 226:18; 227:15 deal 258:18; 289:4 dealings 84:13,22 deals 8:3 deaths 187:21 debate 271:15 Deborah 1:13; 5:5; 300:21.5 decades 32:10; 181:14; 273:6; 284:8 deceased 249:22 December 112:7; 137:20;
Page 12
155:16; 156:1,17; 157:7; 183:7; 237:18,19; 246:7 decide 14:22; 139:14 decided 194:1; 199:10 decision 194:11; 199:6 decisions 71:17 decrease 294:16,23 decreased 297:3 deemed 179:14, 16; 239:1,3; 246:17; 264:1 defects 280:5
^ an c" !
280:14 defend 193:18 defendant
127:5,6; 128:3 defendants 1:9; 2:8; 127:4; 128:4; 203:16 defense 193:14 define 67:7; 262:17 defined 136:7 definite 200:5 definitely 182:16 definitive 35:22 deformed 296:10,18 defrosted 75:1 degradation 227:15; 267:6,17 degree 9:16, 20; 10:3; 130:10; 210:2; 265:18 degrees 63:21; 202:23: 203-1 deliberate 213:16; 214:1; 216:7 deliver 15:10 demonstrate 92 -.22
HARTOLDMONO012467
PAPAGRGE.TXT
demons trated 203:3/ 205:6, 12; 206:1,2; 228:18; 242:4,6
dense 165:8 department
11:15; 12:11; 13:7; 14:13;
27:15,21;
28:4,16; 30:7,17,23; 31:4,8; 33:5; 36:1; 37:2; 41:14; 52:7; 58:23; 70:6; 71:3,22; 85:19; 87:16; 92:12; 98:19; 99:5; 104:8; 114:9; 120:18; 146:10,19; 158:4; 159:7; 164:14; 165:13; 172:12; 173:20; 185:18; 190:5; 191:2, 3; 231:7,13, 14,22; 232:1; 241:4; 283:1 department' s 14:18; 54:15 departmental 24:19,22; .,26:9; 27:2 departments ^5:3; 27:9; 34:13; 44:12 dependably 203:5 depended 33:12; 92:13 depending 276:19 deposited 283:18 deposition
, , ;1:11,12; 5:4,
10 11 20 7:2; 19:17; 21:10,16,19; 22:22; 23:5, 13,19; 24:6; 53:20; 58:21; 69:7; 85:5;
117:5; 123:1; 126:15; 136:19; 163:7,8; 203:13; 204:1,7,10; 214:5; 249:11; 298:17; 299:5; 300:2 depositions 5:14; 8:12, 15; 10:7; 126:16; 136:18 deposits 110:6,13 describe 245:18; 255:5; 272:13 described 15:17; 18:4; 71:17; 215:14; 216:6; 221:5 describes 26:12 describing 17:16; 205:21; 216:5 description 61:16; 102:17,19,20 design 192:9 designate 217:7; 219:4; 223:16 designated 12:9; 99:16 designation 9:4; 27:23; 28:18; 53:8; 80:18; 111:23; 152:1; 268:23; 269:1; 293:9,
10,11 designed
72:15; 105:10,12; 200 : 8 desirable 258:3 desire 83:16 desk 112:5; 137:10 destroy 80:6,
11; 99:17,19, 23; 100:18;
147:3; 148:21; 149:4; 202:21 destroying
100:2; 205:9 destructible
118:3
,
destruction
204:14;
205:19; 206:6; 276:20 Detach 148:21
detail 109:9;
263:9; 265:5, 14
details 22:13;
81:11; 120:23;
262:11
detect 38:23;
103:6; 161:3,
22; 162:8;
253:8; 264:9 detectable
252:2,10,16,
20; 253:5 detected
106:14;
250:23; 251:5 detection
265:7 determination
34:4; 147:6;
241:9,19; 242:1 determine
42:14; 44:21; 51:6; 60:17;
86:11; 208:21,22;
209:6 determined
80:9; 121:11,
17; 165:10;
228:8; 229:23 detrimental
296:5 Detroit
127:16; 128:16
develop 97:2; 204:14
developed 73:7; 97:19; 246:2; 287:18
developing
Page 13
70:8; 96:23; 270:3 development 33:15 device 52:6 devised 193:18 diagrams 84:20 dialogue 94:5 died 187:20; 288:16,18 diet 229:1 difference 16:19; 74:18; 106:22; 212:2; 213:23; 223:9; 289:23; 290:8; 295:3 differences 290:10 different 14:19; 18:23; 45:1; 49:6; 51:3; 64:5; 69:18; 95:4; 119:15; 121:20; 152:18; 183:19; 200:14; 206:14; 284:13 difficult 95:5; 111:9 difficulty 33:11; 40:15 diggings 259:3 diluting
^5^:-Lb
dioxins 125:18,20; 277:4,5
direct 58:17; 87:21; 225:23; 284:12
directed 101:19; 155:7
direction 220:23
directive 189:4,9,12
directly 131:2; 221:4; 256:10
director 17:22; 18:20;
HARTOLDMONO012468
PAPAGRGE.TXT
70:15; 71:7; 78:18; 79:10, 12; 85:11; 133:17; 163:21; 194:15; 225:9 dirt 49:19; 211:15 dirty 201:3 discharge 213:8; 215:17,22; 252:1; 297:2, 16,21,22 discharged 289:6 discharges 289:18; 290:20,22 discharging 82:2,7 disclose 44:8; 45:21; 184:14,17 disclosed 68:12 discounting 263:11 discourage 165:8 discuss 81:13; 109:8,13; 168:10,17; 175:17; 176:21; 275:5; 283:16; 292:10 discussed 71:11; 83:2, 6; 110:20; 139:20,23; 189:18,23; 190:8; 274:19; 292:16 discusses 88:2; 96:3; 101:22;
109:2; 148:6 discussing
84 : 9 discussion
58:12; 103:20; 122:23; 169:2; 189:19;
251:22; 279:15; 281:20 discussions 94:19; 95:2; 101:4,7; 107:11; 140:7; 174:6; 254:6,9 dismantling 142 :8 displayed 194:13 disposal 49:15; 198:20; 216:7 dispose 199:1; 283:9 disposed 276:4 disposing 276 : 8 dispute 125:9 dissolvents 121:1 distance 69:2; 98:6 distilled 63:16 distinction 107:15; 108:2; 213:16 distinguished 250:13; 290:16 district 9:8; 243:5 disturb 259:13 disturbing 211:20 disturbs 206:1 ditch 104:20; 105:7,9,14, 19; 156:21; 157:8,9; 215:7 divided 172:20 division 55:6, 7; 78:20; 164:3; 183:15; 249:16,19; 280:10 division's 55:9; 71:15; 90 :14 doctor 10:2; 71:4,5; 225:6;
238:10; 242:16 doctors 247:8 document 25:14; 26:22; 27:19; 28:5, 13,23; 29:10, 11,23; 30:3, 5; 32:15,17; 35:3,23; 38:6,8; 40:9; 43:23; 46:2, 22; 47:8,9; 49:5; 53:7, 13,15,18; 54:2,9,11; 57:13; 58:14, 18; 59:14,17; 60:22; 74:12; 77:15; 78:11, 14; 79:5; 85:2; 86:5; 87:12,13; 89:1,2; 90:4, 6; 101:13; 104:1,3; 108:4; 112:2; 117:5; 137:7, 12,19; 140:13,17,23; 141:2,4; 145:12,20; 146:5,8,15; 147:2; 148:4, 17; 149:4; 151:19,21; 152:13; 153:18,22; 154:10,22; 155:11,13; 157:20; 162:17,18; 163:2,4,11; 171:21; 173:18; 174:4,7,9; 182:17; 183:7; 185:3; 192:20,22; 194:13; 195:8,17; 223:23; 224:12; 225:15; 226:12; 231:4; 232:13; 234:9,10,13,
Page 14
14,16; 235:3; 236:7,14; 237:11; 238:1; 245:8, 21; 246:2,22; 247:6; 248:13,15,16; 257:22; 259:23; 260:3; 261:8; 266:8,9; 268:5,13,15; 269:3; 270:1; 271:8; 273:16; 274:1,7; 278:19; 282:2; 286:8 documents 16:17; 20:23; 22:4,5,14,17; 26:3; 58:1; 100:3,7,17; 103:15; 124:3; 130:17; 146:2; 154:14; 162:23; 234:6,19; 249:9; 260:18; 261:1; 269:13 doing 46:4; 72:8; 74:8; 233:18 dollars 23:23; 131:20; 132:2,9,15; 206:19,23 Don 172:21; 173:2; 185:7 done 26:10; 27:14; 30:6, 22; 31:3,8; 33:4; 36:1; 57:22; 86:14, 16,22; 95:13; 96:4,10; 97:7,9,11,23; 128:9,18; 129:1,4,8; 131:2; 143:10; 156:3; 157:19; 167:4; 170:9; 174:15;
HARTOLDMONO012469
PAPAGRGE.TXT
180:11;
206:15;
208:6;
216:10;
221:6; 226:2;
234:2; 244:6;
247:3;
248:10;
259:17;
281:18
doubted
289:19;
291:20
doubting
292:17
*-* : ;3 --
x
uuwii z.
r> o
50:10; 57:4;
64:9,18;
97:14,16,21;
113:9;
121:19;
122:7,9;
192:7,13;
194:8;
195:14;
220:11,18;
221:1;
252:18;
253:5;
280:21; 281:8
downs tream
39:14; 45:13;
81:1
dozen 16:2;
282:18
Dr 85:10
draft 91:16;
.. 194:5;
224:17;
269:18
drafted 224:22
drafting
245:2 0;
270:1; 279:9
drafts 270:2
drainage 215:7
draw 218:13;
284:12
dredge 258:3
dredged 258:7;
259:15
dredging
259:8,10
drippage 201:4
drips 39:4
drive 121:3;
134:6
drop 254:12
dropped 42:4 Drug 179:11 drums 49:14;
200:15; 201:8 DSW 27:23;
28:1,18,19; 36:9; 40:8; 53:8; 54:5, 10,21; 87:6, 23; 98:20; 104:2; 112:2; 114:10; 137:8,9; 140:19,20; 142:19; 144:1; 145:22; 146:13; 147:22; 148:17; 149:8; 153:18; 154:1,23; 231:4; 234:11,17; 235:6,22; 236:7; 248:14; 249:23; 251:13; 274:2,3; 278:22 due 34:15; 213:20 duly 6:4; 300:3 duplicating 33:12 during 24:16; 33:22; 40:22; 72:2; 73:13; 115:14; 147:9; 219:22,23; 277:21; 278:8 dusting 211:13 duties 18:1; 158:18,19
E
each 16:3; 25:6; 62:5,7; 89:14; 144:12; 169:4; 223:2 0; 255:6,8;
270:20; 271:5 earlier 28:5;
36:12; 51:16; 67:6; 71:11, 18; 72:13; 73:3; 80:12; 119:18; 128:23; 129:12; 171:9; 190:11; 216:6; 281:16; 283:19,20 early 73:18; 81:23; 85:1; 142:12; 159:20; 160:3,6,14, 21; 161:3,22; 162:8; 165:1; 168:4; 173:21; 190:13; 196:22; 203:6 earned 9:23 ease 192:5,12 easier 103:17; 163:3 east 8:23; 199:13; 217:14,15; 218:2; 286:21,22; 287:2 easy 258:18 eat 76:14; 212:3 eating 211:15 economic 119:12 economically 119:1; 121:14,15 edema 288:12 edge 217:4 educational 9:10,14 effect 5:12; 31:11; 228:19,21; 229:2,7; 247:23 effective 263:13; 276:7 effects 37:12, 21; 44:22; 175:20;
Page 15
177:20 ' 178:3,'7; 185:10 ' 186:20 r 191:13 ,21; 211:19 ' 226:14 ,22; 227:8,17;
228:13
230:13 18,19; 238:18 ' 248:3; 267:17 ' 273:11 effluent
3/:13; 50:6; 59:22; 88:4; 112:22; 113:5;
121:22
148:10 266:12
270:18 271:4
effluents 120:2; 257:8
effort 255:9
efforts 49:8,
11
eggs 228:23; 288:8
eight 3 6.5; 14:6; 20:9, 21; 69 :6,9; 76:10; 104:22
114:20 134:20 150:2; 152:18 eight-hour 115:15 eighteen
3:11.5, 59:9;
111:21,
112:10, 133:9
eighty 88:6;
: 3zj _>
i
z. / jl ; -i_ z.
eightv-eiaht
88:7
eighty-five 135:14
either 23:16; 52:4; 77:20; 126:12 135:18 163:12 179:12 185:5; 188:8, 23; 209:11;
HARTOLDMONO012470
PAPAGRGE.TXT
212:12
Electric 203:16; 245:12,15
electrical 15:12; 263:14; 266:18; 274:13
elevated 209:3 eleven 3:8;
37:1; 64:4; 88:13,19 eliminated 277:14 Elmer 173:19; 225:4; 269:22 emission 93:14; 254:1 emissions 91:13; 92:19; 93:1,19; 94:9; 250:20, 23; 251:5; 253:16; 254:2 Emmet 163:13, 14 emphasis 179:10 emphasize
10:12
emphasizes 180 : 5
employed 7:17 employee
158:16; 172:11; 183: 14; 300:15 employees
100:10
employment 11:7; 74:9
empty 221:15 enable 61:17 Enclosed
154:11; 155:22 enclosure 154:10 encompass 36:14 encouragement 190:20 end 19:7,8; 50:6; 94:3; 122:2; 161:14;
234:1; 240:14; 278:17; 287:17 ended 259:2 engineer 11:14; 12:9 engineering 8:3; 9: 17,21; 11:15; 12:10; 14:11,12,14, 21; 99 6,14; 120:18, 123:22, 215:9 engineers 14:15 Engman 95:19 enormously 94:14 enough 63:23; 80:20; 96:18; 118:10 142:16 160:19 204:21 205:1; 221:23 223:15 266:1; 287:16 enter 272:3 entered 6:23; 51:7 entering 56:22; 57:2 entry 75:20; 182:10 environment 111:3; 118:4; 182:4,8; 193:20, 213:10, 17; 215:23, 226:9; 253:2; 258:13 272:3; 273:10 284:13 environmenta1
16:8,15,16; 17:22; 18:14, 20; 22 10; 29:17,20; 55:8; 71:13, 16; 79 18; 133:18 150:22 158:22 174:11
190:18; 194:22; 213:5; 224:19; 247:10; 249:18; 250:13 environs 216:14 EPA 148:7; 250:4,11; 255:23; 256:10,14,20; 257:4,16,20; 261:10,23; 262:7; 264:15 EPA'S 265:12 epidemiologic al 208:12,18 Epidemiology 208:15 equal 88:6; 207:13 equipment 99:11,12; 119:10; 138:8,21; 274:13 erroneous
201:6
escape 182:7 escaping
252:22 especially
175:3; 177:9; 245:19 Espey 274:15 Esq 2:3,5.5,9,
12
essence 174:9 established
121:12; 138:7; 270:18 estimate 187:19 estimates 119:17 et 1:4.5,8; 91:12; 92:3, 6; 203:15 ethologists 109:20 Etowah 300:19 Europe 130:3; 172:20 evaluate 110:23; 202:8 even 33:10,22;
Page 16
76:21; 93:13; 213:4 event 51-4; 195:16 *
eventually 13:8; 93:21, 23; 133:23; 134:1; 142:4, 5,10; 165:9; 182:8; 287:23
everybody 103:17; 150:21; 179:17
everything 79:20,21; 124:20
evidence 5:21; 39:2; 193:19
evolved 130:9,
10
exact 81:14; 110:5,12; 181:18; 184:4; 244:23
exactly 183:21; 190:22; 235:9
EXAMINATION 6 :14
examine 210:23; 211:3
examined 6 - 5 ;
211:8
example 91:22; 118:15; 136:17; 176:7; 178:14; 189:3; 246:19; 263:14; 264:10; 277:3; 290:11; 291:9
exceed 141:21;
202:22
except 5:17 excess 253:19 excessive
181:1 Excuse 113:17 executed 28:8,
11; 222:18; 223 : 5 exercise 133:21 exercised
HARTOLDMONO012471
PAPAGRGE.TXT
134:8,13,17
exhibit 6:12, 21; 7:4; 11:18,19; 22:2; 25:9, 11,19; 26:12; 28:20; 47:4; 52:1; 53:10; 58:4,6,20; 69:8,11,12; 73:5; 77:23; 78:2; 79:8; 85:6; 87:8; 88:18,23; 89:23; 90:11; 95:21; 98:9, 22; 101:10; 103:21; 108:6,11; 112:9; 114:6, 12; 117:4,10, --1--*3 /. -1--0 *7.1 4^ /. 140:14; 142:20; 145:16; 148:1; 152:3; 154:18; 157:22; 162:20; 171:16; 172:9; 183:2, 12; 184:22; 185:15; 193:8,16; 203:17; 204:2; 206:16; 214:4,13,16; 216:17; 221:6,11; 222:5; 224:6, 10; 231:2,9; 234:3,7,8; 237:6; 244:7, 9,13; 247:19; 248:20; 259:18; 269:9; 273:18; 278:23; 281:21; 286-4; 283:2,
15; 298:7,8 exhibits
4:10.5,11.5; 21:18 exist 117:16; 272 : 6
existed 273:8 existing
254:2; 263:6, 17; 270:20; 271:5 exists 116:12;
212:11
expected 255:5 expedite 31:16 experience
33:14 experienced
33:11; 149:12; 258:20 experiencing 56:16; 113:11 experimental 294:22 expert 124:16; 125:2; 126:9 experts 109:19 expires 300:23.5 explain 166:19 explains 16:19 explosions 263:15 expose 210:4 exposed 110:16; 115:14; 210:11; 294:15; 295:7 exposing 121:2 exposure 115:16; 178:9; 181:2, 7; 189:19; 211:23 express 179:1 expressed 195:7; 237:3; 275:16 expressing 118:19; 179:6 expression 24:21; 35:21; 194:10; 226:11; 245:17 extensive 180:8; 297:6 extent 86:11; 258:20 extract 75:6; 119:6; 121:1
extrapolated
119:12 extreme 93:13;
252:17 extremely
242:7 eyesight
219:10
F
F-o-r-e-s-m-a-n 95:18
facilities 142:7,8
facility 125:11; 126:4; 128:7; 209:10; 215:15; 216:13; 287:2
fact 23:1; 30:6; 31:21; 34:15; 37:6; 41:17; 51:5; 60:8; 63:10; 65:19; 89:17; 93:18; 94:20; 113:10; 117:23; 121:7; 122:4, 15; 140:8; 148:6; 165:5; 175:23; 176:22; 196:4; 207:2; 228:13; 236:8; 241:19,21; 251:1; 275:11; 278:6; 288:15; 290:19; 295:15; 298:22; 299:1
factors 213:14; 278:15; 284:16
Fahrenheit 202:23; 203:1
failed 48:6 fair 27:6;
63:23; 80:20; 95:7; 142:16; 160:19; 221:23; 223:15; 284:4
Page 17
falcon 228:2 fall 136:23;
137:1; 190:13; 220:1 fallen 78:22 Fallon 189:13 falls 220:10, 17 familiar 10:7; 24:23; 129:16; 221:22; 232:16 far 64:18,19; 68:15,22; 297:11 Farrar 70:15; 194:23; 225:12; 237:14; 238:5;
. J.J , X / f XX 243:12 fat 75:7,8; 76:18,19; 144:16; 145:3 favorable 92:23; 265:14 FDA 80:22; 81:7,13; 83:10; 179:23; 189:16,18,20, 23; 190:3; 191:4; 238:11,14,19; 239:10; 240:9; 242:9; 250:10 FDA'S 81:5,19; 239:7; 240:12 feasibility 202 : 9 feasible 202:4; 205:5, 12,19; 206:3 February 27:19; 89:7; 171:21; 173:21; 185:4; T1C.1/I . 0-I-7.T
federal 9:6,8; 17:19; 83:10; 127:12,19; 152:16; 191:6; 250:21;
HARTOLDMONO012472
PAPAGRGE.TXT
251:2,7; 261:20; 262:9; 270:10 feed 167:2,10; 169:9,13; 182:10; 288:1,2 feeding 238:19 feeds 250:14 feel 10:21; 119:20; 177:9; 178:23; 252:9 felt 92:15; 256:15; 261:23; 262:15 fence 235:18; 236:2 few 16:16; 94:2; 233:10 FGL 224:15; 225:18; 244:19,20 field 128:6; 184:19; 186:3,6; 188:2; 189:5; 243 : 5 fifteen 3:10; 37:3; 47:20; 48:19; 60:5; 101:11,14 fifty 4:7.5; 23:23; 48:22; 55:17,23; 112:23; 131:20; 132:9; 136:4, 1(J; 285:21; 286:5 Fifty-eight 42 :8 fifty-nine 214:21 Fifty-one 4:8; 293:1,3,6 Fifty-two 4:8.5; 298:7, 9 figure 42:5; 75:17; 149:20 figures 93:14; 94:15; 149:22; 297:17,18,21 file 148:22; 149:6
files 100:12
filing 5:23
filtered 63:16
final 149:9; 266:5; 296:2
finally 19:6; 288:23
Financial
1:19; 2:10 find 22:1;
40:3; 130:18; 203:2; 204:21;
211:20;
212:11
finding 40:15; 102:14
findings 80:22; 81:5,
9,19,20;
84:17; 165:3; 182:3
fine 6:18; 26:7; 86:22;
123:12; 171:7,14; 218:11; 278:19; 282:20 fine-tuning
138:11
finished 15:11
fire 263:12 fires 291:11
firm 124:10; 128:22;
129:2; 143:10 first 6:4;
20 : 5; 34:10; 36: 8,11,22; 37: 15, 16; 38: 12, 15; 39: 17; 43:18 48: 8; 52:19; 54: 4; 56:5; 64 : 11; 69:23 72 : 1; 73:16; 80 : 20; 82 :1; 84: 21; 85:9, 10; 91 : 10; 92 : 21; 100 : 2 0 / 110 :2; 112:4 116 :14 t 126 : 2 0 i 134 : 10 7 137 :7, 9; 146 :3; 148:5
149:22; 152:1,9,11; 153:23; 154:5; 155:22; 173:18; 174:3,13; 177:14,15; 181:9; 186:22; 187:5,8; 189:22; 193:23; 194:7; 224:14; 234:9,10,14; 235:14;
236:23; 238:8; 244:18; 246:3,8; 247:18,19,20; 249:23; 251:12,15,16; 261:7; 275:3; 277:23; 283:14; 286:15; 294:8,19; 296:14; 300:3 fish 31:13; 32:11; 45:23; 72:4,18,20; 74:1,14; 75:16; 76:14, 19; 77:2; 80:23; 81:10; 82:22; 86:6, 8; 89:2,6; 109:3,19; 110:7,19;
111:2,8,11; 143:8,16,17; 144:3; 162:9; 174:19; 193:20; 211:16; 212:3; 250:11; 287:4,6,20, 22; 289:3; 290:11,14; 294:3,15; 295:7; 296:8 fisheries 229:10 fishes 143:14; 294:21;
Page 18
296:18 fishing 233:3 fit 10:19;
107:22; 139:11 five 3:5; 37:4; 46:23; 47:5; 52:1; 53:16; 56:9, 12,17,18; 64:22; 68:18; 77:6; 93:3; 115:15; 116:20; 244:21 five-month 197:9 flexible 13:3 floor 39:5; 210:10 Florida 229:12 flow 27:10; 91:13; 92:19; 118:5 flowing 281:8 fluid 184:19; 287:9,14 fluids 78:19; 79:1,11,12, 22; 173:4; 183:17; 184:3 ; 185:20; 186:1; 193:15 folks 173:7 following 12:7; 13:20; 80:21; 86:17; 253:13 follows 6:5; 150:7; 288:23 food 167:2,10, 14; 169:9,13; 178:13; 179:11,13; 182:11; 228:9 foot 115:21; 116:16 force 5:12; 190:6,14 forced 232:23; 254:12 foregoing 300:9 Foresman 95:18 forever 118:4 forget 121:3 forgotten
HARTOLDMONO012473
PAPAGRGE.TXT
22:11; 29:18; 73:11; 229:1 form 5:18; 66:7; 153:11; 156:7; 166:1; 175:7; 179:4; 180:2; 187:17; 191:15; 192:16; 196:5; 200:3; 202:6; 209:17,23; 210:18; 211:17; 212:6; 213:11; 219:16; 220:20; 221:17; 223:11; 226:5; 236:9; 240:5; 241:15; 246:13; 248:6; 251:8; 252:12; 254:17,23; 256:21; 258:8; 272:23; 284:9; 289:12; 290:4; 291:1, 4; 292:3; 297 : 9 formal 9:22 formed 190:19; 276:17 formulating 181:21 formulation 167:2,10; 169 : 8 formulators 288:1 forth 1:21; 270 : 9 forty 3:22.5; 8:13; 25:23; 113:12; 132:12; 147:11; 196:23; 231:2,10; 243:3; 271:10,20 Forty-eight
4:6.5;
278:20;
279:1; 281:19
Forty-five
4:5; 259:19,
22
Forty-four
4:4.5; 248:12,21
Forty-nine
4:7; 281:22
Forty-one 4:3; 234:4,8
Forty-seven 4:6; 273:17,
19
Forty-six
4:5.5; 268:11;
269:10
forty-three
4:4; 59:15;
244:8,10,14 .
forty-two
1
4:3.5; 84:6;
237:7,10 forward 204:8 forwarded
261:3
found 31:10;
32:2; 42:17;
64:4; 88:9;
111:4,9;
118:10;
164:15;
174:11;
188:4;
189:21;
267:6,7,18;
285 : 9
foundation
251:9
foundries 291: 9
four 3:4.5;
20:6; 28:14,
21; 32:18;
33:1; 34:2;
43:14; 46:14;
67:15; 86:5;
100:21;
101:1;
141:12; 147:10;
244:21;
257:6;
261:16; 267:1; 271:8;
280:19
fourteen
3:9.5; 24:14;
59:22; 98:10,
13,17; 113:3
Francisco
127:10
Franklin 1:18;
2:9.5
,
frankly 8:11
free 10:21
FRIEDMAN 2:6
front 121:17;
146:4
frozen 72:5
full 5:12;
7:7; 21:8;
25:5; 198:16;
251:12,15,16
full-size
206:11
fumes 291:11
fuming 96:21
function 15:9
functional
, , ;78:19; 79:1,
11 12 22
163:22;
164:5; 173:4;
194:16;
195:5; 225:10
funding 247:8
funds 99:13;
247:11
furans 277:2
further 10:5;
124:4;
233:21;
240:10;
253:1; 259:1;
271:2; 300:12
future 114:4;
255:22
G
G-e-a-r-y 155:8
Gadsden 1:23.5; 300:19
gallons 47:20; 48:17,19,22; 52:20
galvanized 157:10
garage 39:5; 210:10
Page 19
gardening 211:14
Garrett 1:14; 5:6; 71:19, 20; 85:14,17; 88:17; 232:1; 233:7; 300-21.5
gas 153:1 gasses 206:7 gather 189:2 gathered 166:8 gave 105:12;
134:5; 203:13; 214:6; 243:9 GC/MS 155:14, 23 Geary 155:8 Gene 140:3; 160:16 general 15:1, 22; 16:2; 26:1; 108:17, 22; 128:2,4; 155:9,16,19; 156:5,16; 164:2; 183:10; 245:12,14; 272:18; 280:8; 288:4 general's 156:6 generally 43:22; 61:15; 123:21; 203:23 generated 100:3; 125:18; 206:8; 273:5 generation 233:22 gentlemen 20:12; 240:17; 241:1 geographic 61:16; 186:9 Georgia 81:8; 165:4 Gerald 143-.1 GERARD 2:12; 19:20 gets 22:14 getting 50:20; 85:4; 110:16; 119:14;
HARTOLDMONO012474
PAPAGRGE.TXT
137:2; 174:18; 237:20; 262:12 give 11:2; 37:6; 60:23; 61:16; 69:19; 74:12,21; 77:13; 126:1, 15; 138:9; 224:13; 270:6; 285:20; 297:16,18 given 29:16; 42:5; 48:11; 75:3; 80:17; 133:11; 134:23; 167:13; 186:8; 207:22; 208:8; 247:12; 298:20; 300:11 gives 41:17; 42:9,11; 65:16; 104:21; 152:23 giving 205:15; 216:3 glanced 30:4; 245:6 Glenaddie 64:15,17 gloves 207:22 goal 57:7; 205:8 got 28:12; 45:3; 54:12; 60:8; 103:9; 110:21; 187:13; 255:13,15; 256:11; 260:11; 288:3 gotten 33:23 government 92:11; 190:16 governmental 94:9; 115:11; 122:16 grab 105:13 grabbed 63:20 Graham 275:4; 282 : 6
grandchildren
209:12;
210:15
grazing 165:6
great 74:22;
217:11;
218:16; 289:4
greater
113:12;
115:1; 258:20 Greensboro
2:13.5 gross 94:13
grounds 5:19
group 12:19, 20; 17 : 11; 19: i; 51:15, 17; 71 : 23 ; 78 : 19; 79: 2, 12, 13, 15; 81: 12, 16; 83 : 9; 90:14, 19; 107:9, 13; 116 :8;
163 : 23 / 164 :5, 12; 183 : 16 t 188 : 23 t 190 : 19 / 194 :7, 17; 195 : 6;
225 : 10 ,13; 238 : 7 ; 241 :1; 242 : 23 / 243 :1; 255 :3; 266 : 2 0
groups 188: 5; 227 : 13
growth 165: 9; 284 : 15
GSW 278 : 22 gues s 7 : 18;
29: 6; 57:19; 62 : 13; 64: 18; 92 : 8; 132 : 4; 142 : 14 t 160 : 4 ; 181 : 16 i 199 : 19 t 215 :3; 217 : 18 f 219 :5; 261 : 4
guessing 31:6;
92:7; 277:9
guidance
63:14; 100:19 guide 100:11
Gulf 229:11,
12,13,18 Gunning
109:23; 110:1; 143:1, 7,8,12,17 Gustaf 186:14 Gustaf's 192:5 gut 119:20
H
H-a-u-p-t 146:23
H-o-s-m-e-r 248:17
half 16:1; 20:5; 68:9; 116:10; 217:4; 282:18
hand 108:4; 114:5; 224:9; 234:6; 237:9; 248:11; 259:21; 292:22; 293:5; 300:18
handle 82:14, 19; 83:8; 182:6; 198:20
handled 83:17 handling 83:2;
275:8,13 hands 223:23 handwriting
236:13 hcindwritten
54:16,23; 55:1; 234:12; 235:3,10,15; 236:7; 242:12 Handwrote 236:23 hauig 118:1 happen 76:22; 174:23; 208:16; 277:10 happened 48:1, 11; 49:1; 288:6,16 happening 277:11 harm 121:18, 20; 210:5; 281:12 harmful 193:20 harmless 245:16;
Page 20
246:5,10; 247:20,22; 248:5; 280:22 hatch 228:23; 288:8 hatched 230:1 hauled 49:15; 200:16 Haupt 99:3,15; 100:21; 146:23 Haupt's 147:5 hazardous 241:6; 242:7 hazards 180:19; 182:21 HB-40 35:7 HCGIH 116:9,10 HC1 36:1,4; 37:2,7,8; 44:11 head 49:19; 87:16; 90:19; 119:8; 190:20; 195:5 headed 70:21; 71:22; 99:5; 220:23; 231:21 health 19:3; 71:6,9; 85:11; 164:14; 165:13; 175:19; 177:19; 178:3; 180:18; 182:21; 208:12,18; 211:19; 243:22; 283:1 hear 177:3 heard 45:19; 116:14; 170:13 hearing 68:6; 175:11; 261:9; 264:19 hearings 265:20 heat 185:20; 186:1; 189:15; 287:7 heated 287:8, 14,16 held 11:8;
HARTOLDMONO012475
PAPAGRGE.TXT
33:19; 58:12; 103:20; 122:23; 138:2; 139:8; 246:11; 248:4; 281:20 HELMS 2:12.5; 124:10; 129:3,5; 130:6; 131:11; 132:16; 135:11,23; 136:21 help 11:22; 14:21; 15:14; 24:21; 40:17; 111:13; 124:5; 130:19; 136:15; 269:19,23 helped 269:20 helpful 22:19 helping 109:21 herds 164:17 hereby 300:1 herein 1:21; 300:5 hereto 4:11.5 hereunto 300:17 hesitate 56:20; 63:13 hesitating 9:7; 97:13 hesitation 34:15; 190:2; 193:2 high 60:8; 62:23; 66:1, 6; 67:4,7,13; 80:23; 82:21; 86:9; 89:8; 100:22; 102:5,11,18; 117:15,21; 119:17; 206:12; 242:4; 246:20; 278:15; 296:9 higher 149:17; 254:11
highest 89:13 highfalutin
119:19 highlighted
57:21 highlighting
58:2 highly 50:12;
276:12,13; 277:18,20; 278:7 highway 221:2 HILL 1:4;
68:15; 211:6;
217:2,8,14; 220:12,19; 222:15; 284:6 hillside 221:2 himself 275:1 history 11:7; 95:9 hits 232:21 Hodges 55:2,4, 5; 71:14;
78:8; 80:15, 18,19; 88:17; 90:8,22; 92:17; 93:11; 94:12,20; 194:22; 225:14 hold 32:23; 181:16; 245:16; 246:4,10; 247:20,22; 277:20; 297:14 holding 75:13; 134:6 home 210:7; 243 : 7 hope 16:18 hoped 92:17, 20; 169:6; 295:19 hoping 119:13 Hosmer 90:17, 18; 248:17; 249:13,14; 250:3; 258:1; 285:23; 286:15; 289:16; 291:15,19; 292:5,7,12 host 266:19 hour 23:23;
131:20; 132:9; 136:4; 298:21 hourly 135:22
hours 20:16; 23:17; 24:11, 14; 131:21, 23; 136:9
house 210:11 However 295:16 human 169:13;
182:11 humans 167:3,
11,15; 169:10; 177:11,18; 178:22; 182:21; 211:19; 247:23; 248:3 hundred 23:22, 23; 37:1,4; 43:6,10,15; 47:20; 48:19, 22; 56:13,18; 59:9,22; 60:10; 62:17; 63:1; 67:2, 22; 76:10; 88:5; 102:6, 14; 104:23; 105:4; 113:4, 11; 114:19; 131:12,20; 132:9,14; 135:14; 136:4,10; 144:5; 147:10; 156:23; 157:9,13; 187:16; 202:22; 212:5; 260:7; 289:6 hundreds 52:19; 159:17 hurt 212:9; 259:14 hydraulic 183:16; 184:3,19 hydrogen 276:18 hydrogenated 34:20 hydrogeologist 220:14 hygiene 18:6; 71:23 hygienists 115:11;
Page 21
116:8; 247:9
I
idea 56:3; 107:4; 110:7, 18,22; 111:1, 2; 129:20; 131:21; 132:10; 142:11; 153:13; 196:11,18; 198:5
identification 4:11; 7:6; 11:21; 25:13; 28:14,22; 46:23; 47:6; 53:6,12; 57:12; 58:8; 69:5,10; 78:4,5; 87:10; 88:13, 20; 90:2,7; 95:15,16,23; 98:11,16; 101:12,15; 103:23; 108:5,13; 112:11; 114:7,14;
T1 17 T?
13 7:6 j16; 140:16,18; 142:17,22; 145:15,18,19, 20; 147:20, 21; 148:3; 151:20; 152:5; 153:17; 154:20; 157:21; 158:1; 162:15,22; 171:18,20; 183:4,6; 185:1,2; 192:21; 193:10; 203:10,19; 214:18; 216:12,19;
221:7,13;
222:1,7; 224:8,11; 231:3,11;
HARTOLDMONO012476
PAPA6R6E.TXT
234:5; 237:8, 10; 244:11; 248:13,22; 259:20,23; 268:12; 269:11; 273:20; 278:21; 279:2; 281:23; 285:21,22;
286:6;
292:23; 293:4,5,7; 298:6,10 identified 26:22; 42:22; 219:1 identify 25:2; 27:7; 47:10; 78:6; 87:1;
130:13;
217:1,12; 218:21; 222:14,19; 223:1,6; 273:22 Illinois 8:23; 15:21; 199:13,14; 207:12; 213:1 illnesses 288:10 imagine 98:5 imagined 248:9 immediate 148:20 immediately 194:3; 195:10 implemented 52:10; 97:20 implies 156:9 imply 23:3 important 112:19; 167:4; 246:17; 277:13 impractical 119:2; 121:11,13,15
166:18; 265:23 impression 9:8; 83:5; 256:11; 265:22
impressions 129:21
improper 204:4; 214:14; 276:11,15; 277:19
improve 13:10 improvement
82:13; 92:21; 106:5,19; 107:14; 150:7,14; 232:23 Inc 1:22.5 inch 217:4 inches 220:1 incidences 53:3 incident 51:22; 52:19, 23; 81:7; 106:21; 167:7; 187:4, 11,14,23; 188:3,10,17; 189:7,17; 190:1; 191:10; 213:19; 286:21,22 incidentally 291:16 incidents 53:1 incinerate 200:8 incineration 201:22; 202:2,3; 205:11,20; 276:5,7,11, 15; 277:19; 280:20 incinerator 198:20,23; 199:12,21; 200 : 6 include 180:21; 253:3 included 60:13; 62:3, 8; 90:21; 99:9; 120:17; 181:10; 182:5,9; 191:1; 201:1, 2,3 includes
149:17 including
95:20; 97:4; 128:22; 168:8; 248:18 incorporated 195:16 increase 206:19; 207:2 increased 88:4; 93:2 incurred 62:2 indeed 296:21 indicate 28:7; 29:9; 94:16, 22; 112:1; 218:13; 236:6; 277:12; 283:23 indicated 32:10; 80:12; 157:15; 191:13; 240:16; 243:9; 291:19 indicates 18:13; 39:20; 62:19; 65:4; 89:22; 99:2; 194:1; 198:17; 238:11; 250:3; 252:3; 267:4; 272:15; 280:3,13; 281:2; 294:8, 15; 295:15; 296:8; 297:1 indicating 13:4; 21:7; 73:9; 98:14; 182:22; 217:21; 219:11 indication 285:7; 296:20 indicator 67:11 individual 29:15; 55:5, 71:14; 79:14; 158:21; 186:8; 189:14; 231:20; 249:15
Page 22
individuals 18:7; 124:4; 169:2; 173:2; 242:22; 243:18; 255:3
induce 280:5 industrial
17:1; 18:6, 22; 71:9,22; 108:23; 115:10,11; 116:8; 179:8, 15,18; 180:15; 183:17; 215:18; 239:10; 241:5; 247:9; 272:13; 273:13; 291:8,14,18;
industry 95:12 inference
271:19 inform 138:16 informally
190:19 information
17:15; 32:9; 43:21; 77:9, 18; 80:6,11; 82:15,20; 83:4,18; 85:12,22,23; 93:15; 94:8; 99:10; 104:15,17; 110:5,12; 111:13; 148:20; 174:13; 175:11; 178:5; 18 0:22 ; 181:10; 184:15,17; 188:12,14,19; 230:14; 243:20; 275:21
- r---------- . ^ Ui.iUCU
259:16 ingest 178:12 initial 11:13;
12:22; 134:3 initially
228 : 7
HARTOLDMONO012477
PAPAGRGE.TXT
initiated 250:19
injuries 192:14; 246:12
injury 181:6, 17
innocuous 273:13
inquiries 186:18
inquiry 185:9 insisted
285:13 insisting
248:4 insofar 79:22 inspection
38:9 installation
14:8; 52:4 installed
52:13,15; 199:4 installing 13:18 instance 277:7 Instead 92:23 instituting
86:10
instructed 188 :2
instrument 13:20
ins trumentation 252:19
insurance 126:23; 135:5
intend 275:6 intended
10:18; 194:20 intent 97:3 Interagency
190:6,14 intercede
283:6 interceding
283:5 interest
150:20; 240:8; 250:10 interested 54:4; 238:17; 261:21; 300:16 interesting
22:12
interim 253:15
Interior 191:2 Intermediates
17:8,23 internal
106:16 internally
100:4 international
17:19; 214:7 interpret
72:18 interpretation
240:22 interrupt 26:2 introduce
121:5 introduced
121:7; 200:17; 273:9; 285:17; 287:6,20 introducing 252:17 introduction 129:13; 213:17; 214:1,2 inventories 15:3 involve 18:1 involved 10:6; 13:16,17; 18:14; 23:12; 34:16; 70:16; 71:13,16; 85:18; 109:11; 119:14; 121:1,2; 125:5; 126:5; 128:2; 129:13; 130:11; 136:8; 142:15; 150:22; 182:2; 184:2; 191:6; 206:23; 225:5; 245:20; 250:11; 263:22; 284:15 involvement 30:13,15; 125:23;
130:5; 181:20 182:1 involving 8:6; 123:22 1 185:23 238:7 island 229:21 isn't 63:12; 65:19; 66:2, 20; 89 20; 92:2; 93:9; 113:13 115:2; 144:6; 147:14 17; 149:12 151:16 193:21 205:13 212:13 278:13 284:4 issue 22:10; 32:11; 84:23; 125:17
150:23 190:18 232:21 255:7 issued 22:8; 100:10, 169:15 189:4,11; 279:4 issues 18:14; 29:18; 55:8; 71:13; 158:22, 249:18 item 82 1; 235:5,22 itself 12:2; 49:10; 181:4; 196:22; 272:5 - - ------------ --
j
J-e-double 160:16
JACK 2:Ei-5; 48:16; 85:14
jacket 287:13, 19
j acketed 287:12
January 112:23, 114:8,18; 115:2,18; 117:6,14; 155:4; 173:21,
Page 23
174:2; 261:8 Japan 130:3 Japanese 187:2 Jenssen 174:15 Jerry 158:6,
13,15; 162:2,
11
Jessee 140:3; 16Di6
job 18:5; 53:23; 95:12
Joe 82:11; 91:11
John 15:19; 250:3; 279:16,17; 286:2,16
joined 11:12 joint 6:8,22 jot 194:8 jotted 195:13 JR. 2:12; 78:9 Juanita 155:4 judgment 44:6;
91:23; 99:18 j udgmental
80:13 July 28:17;
30:10; 31:4; 37:23; 38:2; 57:13; 58:23; 146:12,20; 147:9; 274:5 j limp 260:9 Jumping 277:16 June 24:16; 60:1; 62:16 jurisdiction 78:23: 127:9 justified 175:16 justify 204:23 juvenile 230:2
K
KASOWITZ 2:6 keep 50:16;
100:7,11; 105:15; 153:20; 176:18,23; 177:5; 245:3; 260:20; 266:9 keeping 169:12 Keller 70:20; 88:17 Kelly 19:20,
HARTOLDMONO012478
PAPAGRGE.TXT
23; 20:19; 71:8; 163:14; 165:22; 166:4,12; 167:21; 168:10; 171:22; 175:5,9; 176:21; 178:23; 179:6,21 Kelly's 166:9 Kentucky 2:4.5; 214:7 kept 8:11; 44:2; 77:4 Killed 230:5 kind 13:12; 18:23; 32:12; 50:22; 67:11; 108:1; 119:8, 12; 125:3,16; 130:14; 161:19; 178:5,12; 201:4; 215:18; 223 -23 243 -.22 -, 244:14; 247:17; 255:4; 272:4; 292:21 kinds 63:21; 100:7; 119:5; 175:10; 226:8,17,20; 264:10; '291:10 kitchen 210:10 knowingly 215:17 knowledge 44:7; 52:18, 22; 68:14; 77:22; 94:6, 11; 177:15; 188:13; 192:18; 198:13; 208:20;
209:1;
227:17; 251:3
knowledgeable 162:4,12
known 10:1; 174:1; 187:4, 10; 200:23;
230:13,17; 243:21; 259:11; 281:12 knows 255:7 Krunnnrich 96:4,8,9; 97:1,19;
120:11;
121:5,8; 122:11; 209:10; 212:15
L
L-o-u-g-h-r-y 282:22
label 169:12 labeled 43:17;
100:18 labeling
17:15; 184:16 labels 169:14;
181:21; 230:13 laboratories 155:6; 156:10 laboratory 33:13; 91:2; 143:21; 174:12 ; 206:5; 229:10,19,22 lack 94:16,22; 95:8,11; 228:9; 251:9 lagoon 215:5 lakes 272:17 land 165:6 land-filled 201:18 landfill 49:15; 68:23; 105:10; 111:7,10; 196:14; 198:8,11; 200:2,9,16, 21; 201:19; 218:21,23; 219:9,20; 220:2,11,18; 221:16; 223:2,7; 283:10; 285:11,17 landfills
283:3 Lsmdwehr
231:6,15,19, 20; 234:17; 236:8,20; 237:4 Landwehr's 236:12 language 178:19; 284:22 Large 5:7 last 8:17; 20:1; 36:21; 37:15; 38:15; 56:10; 64:1; 75:17,18,20; 77:7; 85:9; 86:5; 118:22; 139:3; 147:15; 153:21; 163:1; 166:21; 170:23; 176:13; 191:23; 192:2; 193:23; 204:11; 222:13; 232:6,17,20; 245:4; 249:3; 257:22,23; 270:15; 275:3; 281:1; 282:11,14,17; 284:17,19; 293:22; 296:7; 297:1 lasted 12:8 late 11:13; 20:16; 81:22; 190:13 lately 124:9 later 17:21; 71:8; 118:8; 139:2; 165:4; 176:1; 227:12; 228:8 latest 91:12; 92:19 latter 106:10; 190:12; 261:1 law 1:17; 124:10; 128:22 laws 5:13;
Page 24
27:10 lawsuits
225:23 lawyers 245:19 lay 175:2 laymen's
129:15 lead 233:18 leaders
227:13; 243:6 leading 5:18 leak 52:16;
213:21; 216:8; 287:18 leakage 49:12 leaking 50:5; 201:7 learn 48:8; 190:17 learning 10:9 least 156:4; 164:16; 229:15; 247:14 leave 161:12; 259:12 led 254:10
191:4; 279:22 legal 87:16;
91:12,21; 92:6,12; 93:12,16; 125:7; 164:7; 165:19,22; 166:5; 225:20; 269:23 legally 246:1 legs 292:21 lend 272:5 lends 271:14 less 20:5; 33:9; 64:22; 68:20; 149:11 letter 91:11,
14,17,19,20; 92:5; 95:17; 112:7; 142:23; 143:4; 155:3; 158:2,10; 159:4; 163:13,19; 171:22; 184:10; 185:6; 188:16
HARTOLDMONO012479
PAPAGRGE.TXT
261:9,12,18; 266:7,8; 274:3,11; 276:2; 277:12; 282:3,12,15; 285:23; 292:11; 293:8,11,17, 19; 294:2; 295:5; 296:7 letters 92:10; 107:10 level 57:8;
66:1,6;
76:15; 88:5; 93:7; 113:20; 115:1,17; 146:20; 229:2; 230:8; 233:4; 246:21; 251:22; 253:15,20; 254:11; 264:8; 265:7 levels 33:9; 63:11; 77:5; 80:23; 82:21; 86:9; 98:4; 100:22 ; 101:23 ; 102:10; 111:18; 113:8; 117:15,21; 122:4,15,17; 153:8,10; 178:8; 207:13; 210:5; 211:23; 212:1; 229:1, 23; 230:6; 242:4; 294:3; 295:1,9; 296:9; 297:22 Liability 225:21 liable 174:23; 246:11 Liberty 2:4 life 135:8; 275:19 lifetime 115:16 Lightfoot 1:18; 2:9.5
likely 246:23
limestone
50:5,6,8,11;
52:5; 55:20;
61:23
limit 199:7;
254:1,3
limited 116:7
limiting 33:6;
251:22
line 39:12;
48:4; 107:7;
218:7,13
lines 165:7
linked 228:12
lipid 74:19;
75:5; 76:12;
144:16
liquid 200:15,
17; 201:7
liquids 50:2;
200:7
list 16:3;
87:12;
>
239:15,17,21,
23; 240:3,4,
7,11
listed 29:22;
59:14; 173:13
listened
265:15
listing 263:10
listless
296:11
lists 64:3
literally
150:21
literature
181:14
litigation
124:13;
125:4;
128:11,13;
130:23
little 68:4;
118:2;
144:11;
201:21;
237:20
liver 180:22;
181:2,11
living 174:20
local 17:18;
298:2
located 9:18;
14:2; 15:21;
16:11;
185:18;
186:4; 287:3;
291:7
location
40:19; 64:14;
110:6,12;
223:17
Logan 233:2
logistics
25:17
,
London 171:23
long 20:4,14;
26:4; 55:22;
74:5; 94:1;
100:6,11;
129:1,4;
135:16;
138:9;
196:20;
284:17;
285:15;
287:16
longer 144:11;
159:1; 181:3;
199:22;
292:14
look 25:14;
28:23; 36:6;
39:3,23;
54:2,6,20;
56:5; 60:19;
62:14; 63:7;
64:1,11;
67:10; 72:15;
76:8; 88:21;
108:15;
111:10;
114:15;
140:21;
143:22;
144:7;
145:13;
146:14;
152:6,10;
183:5;
185:11;
193:11;
216:20;
230:9; 245:4;
286:3; 293:13
looked 22:5;
155:1; 201:2;
279:3
looking 22:3;
32:17; 34:2;
39:2,5; 54:9;
67:8; 78:6;
90:6; 130:17;
216:22;
Page 25
218:1; 220:16; 230:10; 278:18; 295:12 looks 90:3; 145:23; 153:23; 219:12; 232:15; 244:12,16,17; 260:9,10,15, 17 lose 70:10 losing 253:7 loss 34:5; 37:1; 47:19; 102:4; 281:2 losses 34:6, 12; 36:4; 37:3,7,8; 56:7,8,17; 57:1,3; 59:1, 13; 60:4; 88:4; 94:14, 21; 101:23; 106:4,12; 112:21; 113:11;
114:19; 137:20;
141:5,11,20; 147:8; 149:10,11; 150:4,5,14; 271:15; 272:6,10,14 lost 44:12; 48:20; 55:18; 56:1,21; 237:19; 281:14 lot 10:7; 22:16; 26:6; 33:13; 39:3; 138:13; 219:19,21; 291:13 louder 9:13; 68:5 Loughry 282:21; 283:7; 285:4 Loughry's 284:22 Louis 7:14,15; 8:23; 9:18; 14:3; 16:10,
HARTOLDMON0012480
PAPAGRGE.TXT
11; 17:2; 20:3; 87:4; 143;IS; 173:10; 176:17; 183:11; 185:19; 199:13; 243:7 Louisville 2:4.5 low 67:9; 93:14; 229:23; 230:8 lower 102:16; 216:20 lunch 20:6; 201:14,21 lying 49:17
M
made 5:17; 13:7; 34:4; 49:8; 81:21; 82:9; 84:19; 107:15; 120:15; 138:15; 139:12; 171:9; 175:21; 186:18; 199:6; 202:9; 226:7; 228:4; 229:10; 241:9,19,23; 242:1; 257:1, 18; 263:7
Magazine 286:17
magnetism 118:20
magnets 118:2 magnitude
42:22; 69:1 maintenance
13:14,21; 14:5; 15:8; 213:20 major 27:8; 35:4,9; 150:19 majority 200:11,13 Malloy 48:16 mammalian 267:9 man 45:2;
178:16 ,17; 235:10 ,12; 292:19 manage 44:3; 253:6 management 92:10 manager 16:6, 7,14,16,21; 17:5,9 19:2; 30:16; 71:9, 12; 108:18, 23; 126:2; 140:3; 160:12 ' 161:9; 164:2; 280:8; 291:16 managers 243:6 managing 79:15 mandated
215:10 manner 83:8;
215:13 manufacture
12:16,23; 196:20 t 208:14 t 262:4; 263:7, 17,20; 264:2; 274:14 278:9 manufactured 76:4; 151:2; 197:23 198:6; 271:11 Manufacturers 266:19 manufacturing 15:7,23; 71:15; 90:14; 129:17
194:23 197:3,7,15; 200:18 249:16 267:20 274:16 281:3 many 8:9,14; 22:14; 24:10; 34:16,21; 39:19; 42:15; 48:17; 62:9; 75:14; 76:3, 9; 81:11; 84:15; 96:16; 108:20 125:10 131:21 133:8;
134:16; 136:9; 144:4; 151:4; 183:19; 187:13,20; 196:13; 197:1,14; 198:5; 199:8; 220:1; 233:18;
260:5; 276:16; 288:18; 289:18,20; 290:20; 291:21; 292:8 map 39:23; 40:3 March 1:16; 5:8; 6:1; 47:16; 141:7, 15,16,18; 143:13; 144:2; 163:11,17; 269:8 marine 275:19 mark 11:17; 25:8; 28:13; 34:1; 46:22; 53:5; 57:11; 69:5; 77:23; 88:12; 95:14; 108:5; 117:3; 137:5; 142:17; 162:15; 203:9; 214:3; 216:11; 221:7; 222:1; 234:7; 268:10; 298:6 marked 3:2; 4:2,10.5; 6:21; 7:5; 11:20; 25:12; 28:21; 47:5; 53:11; 58:3, 7; 69:9; 78:3; 87:9; 88:19; 90:1; 91:7; 95:22; 98:10; 101:11; 103:22; 108:12; 112:10; 114:5,13;
Page 26
117:11 137:15 140:15 142:21 145:17 147:2; 148:2; 152:4; 154:19 157:23 162:21 171:17 183:3; 184:23, 193:9; 203:18 214:17 216:18
221:12
222:6; 224:7; 231:1,10; 234:4; 237:7; 244:10, 248:11, 21; 259:19, 22; 269:10, 273:19, 279:1; 281:22, 285:20, 286:5; 292:23, 293:3,6;
O A A r> Zt O * Zf
marketing 172:12, 15,17, 22; 173:3,6, 9,12; 184:2; 185:18, 20; 242:17, 20,22
marks 226:13 marriage
300:13 MARS 1:4l;
68:15; 211:6; 217:2,8,14; 220:12, 19; 222:15, 284:6 Martin 233:2 Mason 108:8, 16.17; 109:6, 13; 110:3,11, 14,22 master S : 19 master' 71:5 matched 154:14 material 15:10; 34:12, 22; 36: 12,17;
HARTOLDMONO012481
PAPAGRGE.TXT
48:23; 49:9, 14; 50:4,14; 51:7; 56:22; 57:1; 63:20; 75:4; 110:8; 138:2; 139:8, 17; 140:10; 200:8,17,21, 22; 201:4; 210:22; 215:19; 287:10,15 materials 13:1,2; 31:21,23; 34:21; 35:19, 20,22; 36:16; 129:18; 200:9; 213:9; 226:1; 240:8; 242:5; 258:15; 276:13,14; 277:18,21; 278:3,8; 280:22; 291:10; 292:8 matter 81:14; 83:12; 87:19; 125:14,16; 126:20; 127:15,22; 128:16; 131:22; 132:7; 203:14,22; 300:16 matters 18:3; 185:23 maximum 77:2 meal 287:4,6, 20,22 mean 8:2; 23:3; 26:2; 31:14; 38:21; 43:20; 61:15; 62:4; 93:23; 113:21; 115: 10 ;
116:2;
117:20;
115:16;
119:4; 120:13; 121:14; 127:8; 129:23; 132:20;
139:18; 167:17; 196:8; 200:13; 202:13,19; 208:16; 212:18; 219:21,22,23; 227:7; 228:21; 230:3; 232:9; 240:4; 267:22;
271:18; 272:9,17; 273:3; 281:9, 10; 285:2 meaningless 44:15 means 50:16; 60:16; 142:5; 153:6; 300:7, 8 meant 23:4,10; 41:10; 141:16; 171:14; 175:5; 187:5; 239:16; 240:20; 241:3; 243:12; 285:3 measure 33:8; 103:8 measured 64:20; 68:17 mechanical 14 : 8 media 175:2,14 medical 71:3, 5,21; 85:18; 135:5; 173:20; 178:16; 192:7,13; 208:5; 231:7, 13,14; 232:1; 241:4; 288:12 medically 240:18,21; 241:21; 242 :8,9 Medicare 135:5 meet 19:15,19, 22; 20:4 meeting 20:2, 15; 148:14; 250:4,8;
252:7; 253:12; 254:14,15,21, 22; 255:6; 266:11,14,17 meetings 140:6; 163:5; 188:3,23; 189:1 member 71:2, 21; 90:13; 99:4; 104:7; 266:21 memo 47:9; 49:16; 55:1, 10; 70:12; 72:1; 80:1,5, 9,17,21; 86:17; 90:8; 91:7; 94:1; 95:17; 96:3; 99:19; 101:6; 104:11,14,16; 106:20; 109:2; 114:17;
164:14,20;
166:16;
167:17,18; 168:9,19,22; 173:8; 174:17; 179:20; 183:22 ; 184:7; 186:17; 193:12; 194:18; 231:6; 233:11,16; 234:2; 237:13,22; 242:13; 248:16; 249:1,4; 285:23; 288:21 memoranda 106:16; 107:10 memorandum 47:11; 48:9; 52:1; 69:13, 21; 77:9,19; 78:7; 84:14; 87:3,22; 88:14; 101:16;
Page 27
108:7; 110:3;
112:12,18; 117:7; 149:2; 163:13; 166:7; 185:5; 186:15; 191:14; 241:14 memory 21:23; 22:2; 25:20; 26:11; 28:6; 32:13; 39:16; 48:21; 101:9; 109:23 memos 101:8; 106:10 mental 65:9 mention 151:11; 210:21; 282:21 mentioned 36:11; 73:12; 128:22; 177:3; 178:14; 180:18; 190:14; 241:14 mentioning 168:21 met 20:1,9,12, 18; 53:19; 83:9; 170:22; 249:6; 262:23; 293:23 metabolism 267:8,17 meter 116:11, 18,20 meters 116:23 method 41:5,7; 138:12; 276:8 methodologies 70:8 methodology 95:3; 264:9; 265:9,11 metrics 116:22 Michael 19:20 Micnigan 127:16; 128:16 microbes 284:14 mid 160:6,13, 21; 161:2,21;
HARTOLDMONO012482
PAPAGRGE.TXT
162:7; 216:14 279:23 middle 97:17; 104:16 ' 106:10 f 129:6; 160:11 t 193-4, 5; 217:6; 295:5 midst 233:17 might 25:15; 39:6; 50:19; 56:3,4 ' 66:21; 92:20; 122:17 124:4; 146:1; 153:22 175:13 177:16 179:21 191: 6; 195:14
201:10
209:3;
210:22
229:12 258:2 mile 68 :9,20;
152:19 miles 64:21;
89:20 milk 164:16,
20; 165:4 milligram
115:20, 116:10, 15 milligrams 116:23 million 33:9; 42:16,19; 43:1; 65:6, 11,13,17,18, 20; 66 5,14, 17,20; 67:3; 74:13 ; 75:15, 23; 76 1,11; 77:6; 89:9, 11,18; 93:3; 144:6; 157:1, 12,13; 159:18 197:19 206:19 212:5; 271:10, 12,20; 289:7
millions 197:22, 200:1
Minckler 164:1,2; 280:6,7,11
mind 22:14; 50:16; 107:18; 108:3; 117:23; 132:5; 140:4; 160:12; 161:7; 166:10; 168:6; 192:5; 206:4
minds 192:12 minimum
184:14; 197:22; 215:15,16 minor 13:18 Minteer 183:9, 18,19 minus 42:8; 43 : 9 minute 26:20; 56:4; 171:4; 201:13; 214:23 minutes 266:11; 267:1
miscellaneous 70:18
mishandled 247:4
mishap 216:9 misleading
61:20 missed 71:20 missing 40:5 MISSIONARY
1:4; 68:15; 211:7; 217:2, 9; 220:12,19; 222:15; 284:6 Missouri 7:14; 9:19; 125:19,
20
mists 182:15 misunderstand-
ing 200:6 misunders tood
25:21; 199:18 misused 247:4 mixed 49:18;
154:13 mixture 67:9;
116:4,7; 276:23
mixtures 76:6; 150:20; 151:1; 268:1
modest 271:15; 272:10,14,22; 273:11
modified 270:5 modify 265:20 modifying
99:11 moment 60:17;
73:17; 267:15 monitor 29:17 monitored
247:1 monitoring
17:13; 50:22;
55:8; 91:6; 208:5; 236:1 monochlor 107:21 monochlorinated 107:17 monochloro 151:14; 244:1 MONS 59:3,17; 60:19; 61:22; 63:4; 64:1; 79:6; 108:9; 117:6; 154:3; 185:3,4; 237:12; 293:12 MONSANTO 1:8; 9:3; 11:8,12; 14:1; 15:18, 22; 16:23; 17:1,7,11,23; 18:19,22; 19:4,5; 21:11; 22:20; 24:18; 25:1, 22,23; 33:3; 35:14; 37:11,
20; 38:2,22; 39:13; 44:8, 20; 45:11,21; 48:18; 50:13, 18; 51:5; 68:13; 70:4, 17; 72:8; 74:5; 76:5,7; 78:20; 82:7, 18; 83:1,7, 16; 84:12; 93:8,17; 94:7,22; 95:7; 100:1;
Page 28
101:5; 106:3, 17; 108:23; 111:17; 113:7; 115:4, 9; 116:5; 120:16; 123:16; 131:3; 133:1,
C *to. t-i/i oo. ^ x.-- /
135:3,4; 138:10,19; 140:6; 141:22; 143:11,19; 148:15; 150:12,21; 152:16; 157:9; 158:6, 16; 159:21; 160:7,20; 161:2,21; 162:7; 164:4; 167:8; 169:7; 172:11; 174:13,18; 176:17,22; 177:4,15,22; 178:20; 180:11,18; 181:22;
182:12,19; 183:10,14,15; 184:14; 186:5,23; 187:22; 188:13; 189:3,4,6,16, 22; 191:8,18; 192:11; 193:18; 194:1,12; 195:8,22; 196:4,20,22; 197:2,15,23; 198:7,10,23; 199:20; 201:18; 202:5,9; 206:18; 207:2,14; 208:11,17,21; 209:2,6; 211:3; 212:13,18,23; 213:8; 218:7; 228:18; 233:15; 236:17,19,22;
HARTOLDMON0012483
PAPAGRGE.TXT
239:6; 242:9, 23; 245:12; 246:3,9; 247:22; 248:4; 250:5; 252:4,9; 253:23; 254:13,19; 255:4; 259:8; 261:23; 263:8,19,21; 264:2,13,18, 21; 265:21; 266:17,21; 267:4,5,14, 20; 270:9; 275:22; 279:5,19; 280:10; 281:2; 283:4, 17; 284:21; 296:5; 298:7 Monsanto's 41:13; 55:6; 70:6,20; 71:2,21; 7 4:y; 77:10; 85:3,18; 87:14; 92:9; 112:21; 121:23; 129:20; 168:1; 173:20; 178:16; 179:2; 185:18; 188:9; 194:10; 196:15; 198:18; 216:15; 221:10; 222:4; 230:16; 244:3; 254:2; 257:7;
263:16;
265:10; 280:20; 291:7; 297:2, 7
monster 119:21 monstrous
119:10 Mon tgome ry
155 : 9 month 94:2;
102:5; 135:15; 141:6,15; 275:4 monthly 54:16; 98:18; 114:9, 17; 135:10; 137:2; 146:11,18; 257:7,10,15 months 16:16; 113:7; 168:3; 237:19 MOORE 2:12.5; 124:11; 129:3 morning 20:18; 123:8,10 Morrissey 2:3.5 most 21:9; 39:9; 63:9; 101:8; 162:3, 12; 258:14; 276 : 7 motor 39:4; 45:3 Motors 128:2,4 mound 21:5 mouth 83:14 move 45:7 moves 80:21 Mr 91:4; 274:4; 279:15 much 23:21; 34:5; 35:1; 50:19; 51:7, 9; 65:5; 70:10; 76:19; 109:15; 131:9,16,17; 132:7,10; 133:3; 135:13; 166:18; 194:2; 195:9, 23; 196:3; 197:11; 220:7; 246:17; 278:14; 297:6 mud 39:13,20; 40:12,23; 45:12; 64:9; 65:3; 86:6 MULLISS 2:12.5; 124:10; 129:3 multi-year
180:9 multiple
65:15; 95:19 multiplies
94:14 must 120:2;
243:3; 296:19 Myers 85:11;
86:1
N
name 7:7; 69:23; 126:21; 127:21; 161:7
named 19:2 names 109:18,
22; 124:3; 128:17; 140:4; 160:18; 173:13 National 266:18 natural 63:19 nature 123:21; 125:22; 226:2; 279:12 NCR 177:9,21; 178:13,15 near 7:15; 98:3; 210:9; 217:14; 219:1; 223:8 nearby 86:8 necessary 5:16; 152:12; 184:15 need 10:20; 47:2; 63:14; 65:7; 68:4; 121:12; 152:10 needed 15:14;
110:14;
120:9; 247:8 needs 14:18;
285:5 negligible
281:4,9,10 neighborhood
292:9 neighbors 45:2 Neither 40:4 neutralization
49:11,20; 52:8,14;
Page 29
55:20; 118:14 NEV 152:1,2;
172:1,7; 176:12; 192:23; 193:1; 198:14; 282:1 Nevada 21:11 never 8:11; 68:17; 70:2; 77:19; 111:17; 113:23; 121:12,17,18; 177:7; 184:20; 189:10; 203:2; 227:19; 239:2 Nevertheless 121:4 new 2:7;
13:18,19; 14:19,20; 41:14; 99:11; 260:13; 274:17 Newcombe 184:8 newly 105:9; 230:1 news 175:2,14; 230:20; 297:19,23 newspaper 298:2 next 20:9; 57:12; 60:20; 85:14; 93:11; 128:6; 140:17; 148:17; 149:8; 150:4; 157:20; 177:8; 180:4; 191:23; 219:14; 221:21; 223:4; 230:10; 234:7; 244:19; 251:11; 266:9; 268:4; 278:19; 281:1 night 291:13 nine 3:7;
^ U : Z. X ; / : X ,
3; 84:10,12;
HARTOLDMON0012484
PAPAGRGE.TXT
85:6; 86:23; 87:22; 88:1; 153:5 Nineteen 3:12; 114:6,13 ninety-eight 60:10 ninety-one 144:5 ninety-seven 75:15,22 ninety-six 62:23 Nobody 211:8 non-parenthetical 144:18 none 38:17 nonproductive 45:5 noon 20:10 nor 46:12; 230:13; 285:6; 300:15 normal 101:7; 115:14; 255:2 normally 49:14 north 1:19; 2:10.5,13.5; 228:5; 287:3 notarial 300:18 Notary 5:6; 300:23 note 29:22; 60:12; 61:22; 78:10; 80:4; 104:12 noted 38:17; 229:3; 273:12; 288:7 notes 54:17, 23; 195:13; 234:12; 242:12 nothing 101:8; 212:8,11; 300:4 notice 5:22 notified 230:12,17 Notropis 75:19 November
47:12,19; 113:3,16; 158:2,10; 230:16 NPC 69:20; 75 :11
VO GO VO
too
number 1:6; 7:4; 11:19; 25:9,11; 27:17; 28:20; 36:10,11; 42:21,23; 47:4; 48:5; 53:8,10; 58:6; 59:2; 67:15,16; 69:8; 72:4; 78:1,2; 79:6; 87:6,8,23; 88:18; 89:13, 23; 95:21;
101:10; 103:9,21; 104:2; 108:9, 11; 112:2,9; 114:6,10,12; 117:6,10; 137:14; 140:14,19; 142:19,20; 144:7,8,23; 145:16,22; 146:13; 148:1; 149:17; 152:3; 153:18; 154:3,18; 157:22; 162:18,20; 171:16; 172:1; 183:2; 184:22; 185:3; 187:2, 15; 193:8; 203:17; 213:13; 214:4,16; 216:17; 221:11; 222:5; 224:6, 12; 230:7; 231:4,9; 234:3,11,17; 237:6,12; 244:7,9,18; 248:14,20; 253:18; 259:18; 260:1,4,13; 267:2; 268:19,20; 269:9;
273:18; 274:2; 278:23; 281:21; 286:4; 293:2; 298:8 numbers 44:15; 60:13; 62:1, 7; 69:19; 95:5,6; 132:5; 137:8; 144:12 ; 147:22; 149:14; 151:22,23; 154:23; 192:23; 197:10; 244:15; 260:8; 268:14,16,20; 269:2,5; 278:21; 282:1 numerous 87:4; 248:18 nutritionist 76:17
0
oath 123:7; 170:17; 171:5
Object 66:7; 153:11; 156:7; 166:1; 175:7; 179:4; 180:2; 187:17; 191:15; 192:16; 196:5; 200:3; 202:6; 203:23; 209:17,23; 210:18 : 211:17; 212:6; 213:11; 219:16; 220:20; 221:17; 223:11; 226:5; 236:9; 240:5; 241:15; 246:13; 248:6; 251:8; 252:12;
Page 30
254:17,23; 256:21; 258:8; 272:23; 284:9; 289:12; 290:4; 291:1, 4; 292:3; 297:9 obj ecting 262:7 obj ection 203:20; 214:12
a #**** V 1
263:8; 264:1 objections
5:16,19; 264:15; 270:10,13 Objective 27:4 objectives 112:19 observation 239:9 observations 296:17,20 observer 39:1 obtain 110:4; 270:17,23; 283:8 obtained 143:21 obvious 160:11 obviously 10:6; 57:23; 94:13; 111:2; 159:11; 204:7; 205:17; 220:6; 243:18; 244:22; 253:17; 257-17
occasion 136:2,3
occasional 213:19,23
occasions 136 : 5
occupational 19:3
occurred 118:13; 188:4; 288:5
occurring 53:2 occurs 118:5;
HARTOLDMONO012485
PAPAGRGE.TXT
138:16; 213:20 Gc tober 57:9; 67:17; 72:2; 73:1,13; 98:19; 100:2; 101:16; 105:1,3,5,18; 108:8; 282:4 off-site 212:14,17,20; 213:2 offer 243:16 offered 3:2; 4:2,11; 5:21; 195:14; 204:3; 205:22; 265:10 offhand 22:4; 40:6; 86:21 office 136:11; 155:8; 156:6, 11; 186:5; 190:21; 243:7; 255:23; 256:1,7,9,17 Offices 1:18; 81:13; 183:10 official 194:12 ; z.4o : 2 0 officially 230:12 officials 92:11; 247:2 Ohio 164:14, 17; 165:13; 167 : 7 oil 39:4; 45:3; 187:1 oils 165:8,10 okay 7:20; 8:5,14; 10:15,23; 11:1,4,6; 12:17; 13:13; 14:4; 15:16; 16:20; 17:4, 20; 18:12,17; 20:8,11; 21:13; 23:14, 21; 24:1,15; 26:14,19; 27:6; 28:1,9; 29:14,22; 30:13; 31:2,
7,20; 32:14; 33:7; 34:2,4, 23; 39:13,19; 40:2; 41:17; 43:16; 44:5, 7; 45:10,18, 21; 46:13,18, 21; 47:18; 49:1,7,16; 50:4,18; 51:5; 52:2,9, 12,18; 53:5; 54:20; 55:4, 10; 56:5,23; 57:5,17; 58:3,13,17; 59:6,20; 60:19; 61:4; 62:9,12; 63:23; 65:12; 66:1; 67:4, 15; 68:11,15, 20; 69:12; 70:3,9; 71:1, 10; 72:1; 73:10,19,21; 74:2,5,8,11; 75:9; 77:1, 12,17; 79:5; 81:16; 83:1; 85:2; 86:19, 22; 87:21; 88:11; 89:17; 90:12,17,20, 23; 91:7; 92:3,17; 93:11; 94:6; 95:14; 96:13, 16; 97:6,22; 98:7; 99:3,7, 15; 100:13; 101:14; 103:10; 104:11,16; 105:17; 106:1,15; 107:3,23; 108:4,10; 109:2,16; 110:18; 111:6,14; 112:18;
114:5,23; 115:22;
117:14,20; 118:16; 119:22; 121:21;
122:14,19; 123:19; 124:6,15; 126:8,19; 127:1,6; 128:9; 130:4; 131:2; 132:3, 13; 133:16,
21; 134:1,13, 16; 135:7,10; 136:3,17; 137:5; 139:6; 140:5,12; 141:19; 142:13,17; 143:22; 144:9; 145:13; 146:17; 147:19; 148:5; 149:8; 151:18; 152:12,15,22; 154:4,8,16; 155:3; 156:14,20; 157:4; 158:13; 159:6; 160:19; 161:1,11,20; 162:6,14; 163:1,11; 164:13; 165:12; 166:21; 168:9,12; 169:19; 170:20; 171:3,7; 172:10,14,22; 173:7,14; 174:3,17; 175:17; 176:6; 177:8; 178:2; 182:1; 183:13; 184:5,10,13, 21; 185:16; 186:17; 187:22; 189:11; 191:18,23; 192:19; 193:17; 195:3; 196:3; 198:10; 199:17;
Page 31
201:9; 203:9; 204:13; 207:2,10; 208:11,17; 209:10; 211:12; 212:10; 214:3; 215:1; 216:10; 217:5; 218:11; 219:3,14; 220:6; 221:3, 6,14,23; 223:4,15,22; 224:15,17; 225:11,15; 227:2; 228:11,16; 229:4; 230:9, 23; 232:6,17; 233:15; 234:2,23; 236:16; 239:12; 240:14; 241:2; 242:15,19; 243:2,10,12, 14,17; 244:3, 4,6; 245:1,7; 246:3; 24 / :X; 248:10; 249:3,6; 250:15; 251:12; 254:6,13; 256:18; 257:22; 261:6; 262:12; 263:6; 264:12,18; 265:1; 267:16; 268:4; 269:14; 270:8,14; 271:4; 272:9, 19; 273:15; 277:6; 278:4, 19; 280:3; 284:19; 288:20; 289:16; 290:19; 291:19;
HARTOLDMONO012486
PAPAGRGE.TXT
292:22; 293:21; 294:2; 295:13; 296:2,7;
297:13; 298:5 Oklahoma 9:23;
10:1,2 Old 222:19,21;
223:17 Olson 173:2 once 11:2;
108:15 one 3:3; 7:5;
10:11; 16:1; 29:23; 30:15; 33:6; 38:18, 21; 41:16; 42:2,6; 43:12,13.14; 45:5; 56:3; 57:18; 58:10; 59:14; 60:8; 69:19; 75:12, 14; 76:3,6; 77:5; 87:14; 90:4,10; 99:6; 101:1; 102:3; 103:12; 104:2; 107:19; 112:19; 113:11; 114:20; 115:20; 116:15;
121:20,21;
122:1;
125:17,18; 127:3; 131:12; 132:14; 141:21; 144:4,12; 147:9; 149:1; 150:8; 151:23; 152:12,19; 157:9; 172:16; 178:17; 182:12; 190:7; 193:3; 199:9,11; 218:15; 221:20; 222:3;
224:13; 227:1; 229:15; 230:23; 236:11; 246:15; 247:14,16; 249:9; 250:15; 251:17; 252:16; 253:9,13; 255:8; 256:13; 258:21; 261:22; 262:10; 264:10,23; 275:1; 276:22; 288:8 one-on-one 188:22 one-page 47:11; 95:17; 108:7; 146:7; 162:17; 237:11
ones 228:16 ongoing 15:15 only 36:15;
52:22; 54:3; 65:22; 90:4; 103:7,11; 105:1,3,4,11; 106:17,20; 107:12; 128:21; 148:20; 150:12,20; 152:8; 161:7; 166:8; 192:4; 197:9; 200:21;
242:8; 296:9 oozing 201:7 open 168:7 openly 216:8 operate 203:4;
287:22 operating
16:22; 18:21; 25:3,6; 27:9; 34:17; 128:7; 206:12 operation 15:6; 35:17; 44:1; 48:14; 52:16;
197:10; 199:16; 204:17;
278:13 operations
12:15; 17:22; 18:20; 126:3; 133:18 operator 128:5 operators 125:10; 287:21; 288:3 opinion 44:2; 195:7; 241:5; 243:15 opinionated 285:9,12 opinions 126:1 opportunities 133:20 opportunity
105:13; 114:3; 134:4; 210:3 opposed 8:15; 9:5 option 133:19; 134:4,9 options 133:11,22; 134:13,17,22 oral 48:10 order 53:14; 69:1; 202:21; 277:10 organic 34:6, 12,22; 35:5, 10,19,21; 36:12,15,17;
41:4,8,11; 44:10; 51:16; 55:6,9; 71:15; 78:20; 90:13; 108:18; 164:3; 183:15; 249:15,18; 280:9 organics 34:18 orgemization 246:22; 247:7; 266:22; 275:15; 284:21 organize 266:17
Page 32
original 14:12; 57:23; 265:19
originally 55:18; 72:14; 234:20
other 4:10.5;
8:6; 13:8;
15:8; 20:17; 34:21; 35:19; 36:15; 51:4; 53:3; 67:11; 81:11; 103:7; 105:22; 107:7; 128:11,17; 135:2,3; 151:1; 169:4; 173:13;
174:19
176:9;*
178:18; 183:17; 184:7; 198:11; 210:21; 211:9; 213:9, 14; 214:8; 215:19; 221:1; 226:16; 227:2,9; 229:4,5; 232:8,10; 238:7,23; 246:16,18; 247:16; 258:14; 266:10; 267:5,11,13; 268:22; 278:17; 284:16; 287:17; 289:18; 290:20,22; 293:22 others 45:6; 119:14; 128:8.20: 134:11; 151:7; 265:21 otherwise 32:21,22; 229:8,9 ought 44:2; 92:15 ourselves
HARTOLDMONO012487
PAPAGRGE.TXT
96:19 out 24:15;
25:18; 33:20; 34:22; 39:2, 4,5; 40:17; 50:3; 53:14; 62:1; 72:17; 75:2; 81:8; 101:9; 145:8; 149:6,21; 169:3; 172:12; 173:10; 188:16; 189:21; 191:4; 199:11; 201:7,12; 215:5,6,7,22; 227:5; 240:1; 252:4; 263:3; 270:13; 271:9; 273:13; 287:17; 291:12 outer 287:13, 18 outline 224:18 outlining 255:21 outside 25:23; 68:13; 97:23; 111:18 over 9:9; 31:9,11; 32:9; 92:21; 95:8; 13 0:8; 219:18; 238:6; 271:15; 273:6; 281:14; 285:15 overflow 118:14 overly 166:17; 277 : 9 overseas 129:22,23 overtones 165:20,22 ; 166:5,8,11,14 own 92:16; 133:6; 139:11; 201:19; 240:10
oxygen 276:19,
21
P
P-a-p-a-g-e-o-r-g-e 7:11
P.E 1:11; 2:21 P.E. 1:13;
5:5; 6:3 p.m 5:8 p.m. 1:16;
84:1; 299:5 packaging
17:14 page 2:16,21;
27:16; 34:10; 36:9,11; 37:15,16; 38:12,15; 39:17; 40:8, 9; 41:20; 43:18; 54:5; 55:10; 59:4; 60:20; 61:22; 63:3; 64:1,3; 75:11,12,20; 85:10; 86:5, 6; 87:22; 88:1; 89:16; 103:12; 104:2; 112:4; 137:7,9; 146:4; 148:5, 17; 149:8,9; 176:12; 193:3,5,7,23; 198:14,16; 204:9,11; 214:21; 217:17; 225:18; 234:13,15; 235:6,12,22; 237:1,3; 244:20,23; 247:18,19,20; 249:23; 250:16; 251:13; 253:10; 255:20; 257:22; 260:8; 261:16,22; 264:13; 267:1; 270:14,15;
271:8; 276:2; 280:3,19; 283:14,15,22, 23; 294:8,19; 295:5; 296:7; 297:1 pages 74:11; 152:9,11; 153:22; 154:1,5; 203:12; 214:5; 234:10,15; 245:5; 260:6, 7; 293:9 paid 23:6,11, 13,15,17; 131:9; 170:5, 16 paint 165:14; 167:1,9; 169:8 paints 168:8; 272:7 palatability 31:12; 32:8,
11
panic 275:7,12 PAPAGEORGE
1:11,13; 2:21; 5:4; 6:3,16; 7:9, 10,13; 19:15; 27:13; 28:14; 31:15; 33:1; 34:2; 46:14, 23; 47:1; 53:6,16; 55:13; 58:21; 69:6,7,14; 84:9,10,12; 86:23; 87:3; 88:13,16; 90:10; 94:7; 95:15,20; 98:12,17; 101:14; 104:1; 106:3; 112:6,13 ; 114:6; 117:8; 123:6,9; 137:5,11; 140:17; 142:18; 145:14,21; 146:6; 147:19,21; 151:21;
Page 3 3
153:16 154:21 157:20 162:16 163:15 171:19 183:5; 192:22, 201:16, 203:9; 216:11, 221:8; 222:2; 224:9; 231:2; 237:10, 244:7; 248:12 19; 259:22 261:3; 268:11 269:4; 273:16 274:4; 278:20 282:3; 284:4; 285:21 286:1; 293:1, 6; 298 17,23 paper 21:5; 65:7 paragraph 36:22; 37:16; 38:15; 40:21; 54:4; 56:6; 82:11; 85:10; 88:10; 100:20, 109:6; 110:2, 2u; 165:17 166:21 174:22 175:6; 176:13 15,16; 182:3,5; 186:23 187:5,8; 191:14; 192:1,2 ; 198:17; 230:9; 232:17, 20; 238:8; 239:12, 240:15, 251:11,12,15, 16; 253:9; 257:6,23; 261:22,
HARTOLDMONO012488
PAPAGRGE.TXT
271:9; 275:3, 17; 276:3,10;
281:1; 282:20; 286:15; 288:2 0; 296:14; 297:13,14 parameters
100:6
parentheses 144:13; 145:11
parenthetical 144:15; 145:2
Park 87:13; 164:7
part 21:19; 23:8; 33:8; 56:10; 73:18; 79:1; 80:13; 81:16; 83:7; 87:20; 91:2; 106:10; 136:14; 142:14; 143:15; 168:5; 169:2; 171:1; 190:12; 193:17; 197:12; 198:18; 235:14,15; 236:4; 241:1; 294:20
participate 134:4; 140:5;
' 148:14; 279:9 participation
279:13 particles
118:2 particular
15:6; 24:6; 26:12; 34:17; 62:21; 166:20; 211:22; 226:16; 272:17; 274:15 particularly 164:15 parties 5:3; 9:1; 261:21; 300:14 parts 42:6,16,
19,23; 43:1, 6,10; 56:13, 18; 57:8; 59:9,23; 62:14,17,22; 63:1; 64:4; 65:2,5,10,18, 20; 66:5,9, 10,13,15,17, 19,20; 67:3, 23; 68:1,2; 74:12; 75:15, 23; 76:1,11; 77:6; 88:6; 89:9,11,18; 93:3; 101:1; 102:6,14; 103:4; 104:23; 105:2,4; 112:23; 113:1,4,10, 14; 114:20; 144:5; 147:11; 149:23; 153:7; 157:1, 12,13; 159:18; 212:5; 265:6; 289:7 pass 194:7 passed 189:13 past 23:7; 255:22; 286:13 pasteurize 287:8,17 Paul 90:8; 225:14 pay 171:5 PCB 8:18; 31:22; 35:2; 38:23; 39:7; 41:16; 46:1; 52:7; 64:8; 70:8,16; 72:5; 76:1; 80:23; 84:22; 87:19; 93:18; 94:8,21,23; 95:8; 97:16; 100:22; 101:23; 102:4,10; 106:4; 107:22;
109:3; 110:6,
12; 111:18;
112:20;
113:8,11,19,
22; 115:12,
19,23; 118:7,
20; 119:22;
124:12;
125:13;
129:20;
130:2,22;
141:20;
147:8; 148:9;
150:4,14,19,
22; 151:13;
153:4;
156:16;
159:8;
167:20;
169:3;
176:23;
177:6; 181:6,
22; 182:14;
184:16;
190:17;
192:12;
199:7,23;
201:22;
202:3; 205:9,
10; 211:13,
14,15;
212:17,20;
222:19;
223:17;
224:18;
229:1;
232:21;
235:16;
236:1;
250:20;
251:23;
253:16;
256:12;
257:7;
266:11;
267:19;
271:11;
272:20;
275:5;
.
278:18;
280:4; 281:3;
283:9; 287:9,
14; 294:3,23;
295:9; 297:7
PCB-producing
142 : 7
PCB-related
246:12
PCBs 8:6;
Page 34
22:11; 31:9, 12; 33:8,20; 34:6,18; 36:15; 37:12, 22; 38:4; 39:3; 41:4; 42:16; 44:22; 48:18; 49:2, 17; 50:19; 52:20; 56:17; 62:13,22; 63:17; 64:3; 66:1,6; 67:5; 74:12; 75:7, 15; 76:6,11, 15; 77:2; 78:22; 81:9; 82:3,8,21; 84:17,19; 85:13; 86:9; 92:11; 93:4; 98:3; 104:23; 105:15,19; 110:19; 111 - A 7
112:2i;
114:3; 115:5, 8; 116:4; 117:15,17,22; 118:1,10,17; 119:7; 121:3, 22; 125:5; 129:14; 144:6; 149:10; 151:16; 157:1,11; 161:3,22; 162:8; 164:15,21; 165:11,14; 166:19; 167:9,14; 168:7; 173:6; 174:1,11,19; 175:12; 176:3; 177:20; 178:4,22; 180:13; 182:4,21; 186:20; 187:3; 190:7, 15; 191:7,12, 20; 192:14; 193:18,19; 194:2; 195:23;
HARTOLDMONO012489
PAPAGRGE.TXT
196:3,14,20; 197:2,22; 198:6,10; 199:1; 200:2, 15; 202:21; 206:8; 208:9, 14,22; 209:4, 7,14,21; 210:7,9,12, 17,20,21; 211:1,4,9,19; 212:5,15; 213:2,4,8; 215:12,19; 226:8; 227:7, 20; 228:7,11, 12,19; 229:6; 230:1,6,18; 238:7; 242:2; 246:6; 247:3, 13,22,23; 248:3; 250:10,12; 252:10,21; 253:2; 258:12,14,16, 20; 259:1; 262:17,21; 263:12; 264:8; 267:6, 7; 268:2; 270:11; 271:15; 272:2,7,10; 273:4,5,9; 274:13; 275:13; .276 : 8,11,15; 277:19,22; 280:21; 281:7,14; 283:17; 284:5;
J.XAt/ 286:18; 287:19,23; 289:2,4; 290:2; 294:16; 295:7;
296:10; 297:3 PECK 2:9;
6:11; 11:16; 19:21; 20:13, 19; 29:3; 53:22; 54:6; 58:3,11; 66:7,12;
90:3; 98:14; 103:18;
111:22; 116:13,19; 122:20; 144:14,23; 151:9; 153:11,23; 154:8; 156:7; 166:1; 168:18; 169:21; 172:3,6; 175:7; 179:4; 180:2; 187:17; 191:15; 192:16; 193:4; 196:5; 197:4,16; 200:3; 202:6, 15; 203:20; 209:17,23; 210:18; 211:5,17; 212:6; 213:11; 214:11; 217:22; 219:16; 220:20; 221:17; 222:8; 223:11; 226:5; 229:13,15; 232:18; 234:19; 236:9; 240:5; 241:15; 244:12; 246:13; 248:6; 251:8; 252:12,15; 254:17,23; 255:11;
256:21; 258:8; 260:3,
8,20; 261:6; 268:6,18; 272:23; 273:21; 284:9; 289:12; 290:4; 291:1, 4; 292:3; 294:10,12; 297:9; 298:11
pelican 227:23 pencil 65:7 Pennsylvania
282:23; 283:9; 285:15,18 Pensacola 229:20,21 pension 133:1, 3; 135:2 people 70:11; 76:14; 83:7, 11; 87:4,12; 130:16; 149:1; 187:13,20; 242:18,20; 247:1; 288:12 per 33:8; 34:14; 36:5; 37:2,4; 42:6, 16,19,23; 43:1,6,10,15; 55:23; 56:9, 12,13,18,19; 57:8; 59:10, 13,23; 60:4; 62:14,17,22; 63:1; 64:4; 65:2,5,10,18, 20; 66:5,9, 10,14,15,17, 19,20; 67:3, 23; 68:1,2; 74:12; 75:15, 16,23; 76:1, 11,12; 77:6; 82:8; 88:6,7; 89:9,11,18; . 93:3; 101:1; 102:6,15; 103:4; 104:23; 105:2,4; 112:23; 113:1,4,10, 14; 114:20, 21; 115:20; 116:10,15,20; 121:22; 122:1; 131:9; 132:20,22; 141:13,21; 144:6; 147:10,11; 149:15,23; 150:1,8,9,15; 153:7; 157:1,
Page 35
12,13; 159:18 ' 197:14 ' 212:5; 253:20 265:6; 289:7 perceived 114:1; 121:16 151:13 158:21 199:16 259:11 2.1 i : 11, 12 percent 43:4, 5,9; 295:3 perceptions 91:23 peregrine 228:2 performance 13:11; 79:17; 113:20 perhaps 22:17; 29:1; 119:15; 153:21 162:11 242:19 261:2 period 10:3 ; 33:15; 60:6; 73:20; 134:5, 6; 161 .16; 173:1; 199:5; 202:18, 273:9; 297:8 periods 129:12, 134:12, 285:16 permissible 253:15 permission 283:8 permit 2d3 : jl / permitted 178:9; 251:23; 272:3; 289:5 person 70:7; 92:14; 115:13, 162:3,12; 185:21, 194:22, 279:15 person-to 279:15 personal
HARTOLDMONO012490
PAPAGRGE.TXT
1 flfl ?l
personally 85:14; 86:3; 110:16,21; 144:10; 183:20; 188:1,5; 195:12; 203:2; 210:7; 254:5
personnel 109:11; 252:4
perspective 119:15; 215:8; 271:14; 272:5
Peru 287:6 pharmaceutical
179:13 pharmaceutica
ls 124:21 pharmacologic
al 180:8 phase-out
167:20 phasing 169:3 photo 217:1 photograph
216:21; 217:13,22,23; 218:2 2; 220:16; 222:3,10,13, 22 photographs 216:13; 221:9,14,20 phrase 182:9 Piccorello 286:17,20; 289:1 pick 15:11,13; 175:2; 299:3 picked 18:5 picking 110:8, 19 picture 107:6 pile 223:7,13 pin 121:19 pinpoint 61:17; 95:6 pipe 157:10 pit 49:12,20; 50:6,7; 52:6, 8,14; 56:22; 57:2,4,5; 61:23 pits 118:15
place 26:18; 201:10; 254:16,22
places 111:11; 113:23
plaintiff 126:21; 127:21
plaintiffs 1:5.5,17; 2:2; 203:15
Plaintiffs' 3:2; 4:2; 7:4; 11:19; 25:11; 28:20; 47:4; 53:10; 58:4,6,20; 69:6,8; 77:23; 78:2; 87:8; 88:18; 89:23; 95:21; 98:9; 101:10; 103:21; 108:6,11;
112:9;
ll4:12;
117:10; 137:14; 140:14; 142:20; 145:16; 148:1; 152:3; 154:18; 157:22; 162:20; 171:16; 183:2; 184:22; 193:8; 203:17; 214:16; 216:17; 221:11; 222:5; 224:6; 231:9; 234:3; 237:6; 244:9, 13; 248:20; 259:18; 269:9; 273:18; 278:23; 281:21; 286:4; 293:2; 298:8 plan 24:12; 26:13; 28:7, 8,10; 73:7; 121:5;
198:18; 224:19 plcmes 299:1 plans 24:15; 255:22 plant 12:18;
13 :22,23;
14 : 1,2,9; 15 :4,5,19 ,21; 16 :6,7; 24 : 20; 25 7; 27 : 2,2 2 ;
28 : 3,17; 29 :16,18; 30 : 16; 35 : 14; 37 : 13; 38 : 18, 22 ; 39:11 ,14; 43 :13; 44 = 13, 22 ; 45:13 i 47 : 21; 55 :9; 56 :2,16; 59 : 2,21; 64 :18,19; 67 : 2 0; 68 :8,
9, 16,23; 71 :12; 73 : 8 ; 81 :13; 82 : 9; 88 : 4; 90: 15; 91 :1; 95: 10; 96 :4,7,8, 9, 11 ; 97:2, 5, 10 ,12; 98 : 1,
: , ;6; 100:23 i
102 1 22 104:9; 109:10,13; 111:19; 112:21;
113:10; 115:6; 117:16; 118:12; 119:23;
121:6,8;
122:6,8,9,11; 125:6,20; 126:2;
137:21; 140:2; 141:6, 12; 142:3; 143:15; 148:8,10; 149:12;
151:2; 158:17,23; 159:1; 160:12; 161:9,13,15;
Page 36
199:11,14; 209:8; 212:15,23; 217:13,20; 218:3,9,10, 15,17,20; 231:7,22; 250:20; 251:1,6; 274:15; 275:5; 284:15; 289:5; 291:6, 7,16 plant's 11:14; 99:4; 113:9; 120:1 plants 18:7,8, 9,15,16; 19:1; 26:1; 122:1; 125:19; 199:9,15; 207:17,19; 247:7; 274:12; 281:3 plasticizer 164:11; 195:2; 225:13; 243*1 plasticizers 13:1; 70:17; 173:6,12 plastics 13:3 platform 221:20 played 129:15 playing 192:7, 8,13 please 7:7; 10:13; 54:8; 185:14; 225:18; 293:14 plural 241:17 plus 42:8; 43:8 point 25:22; 35:13; 43:8, 9,14; 50:21; 51:14; 53:2; 59:14; 60:5; 65:1,10,15, 16; 66:18; 70:10; 89:9, 10,18; 91:3; 93:2; 106:2;
HARTOLDMONO012491
PAPAGRGE.TXT
114:20;
116:20;
120:22;
133:13,14;
134:7;
138:12,14;
141:12;
142:10;
145:8; 147:9;
150:1,8;
153:5;
166:22;
167:12,16;
179:1,8;
180:10;
181:3;
194:11;
203:6,8;
on
- n> .
4t* U . M SJ t
228:11;
239:20;
241:20;
249:14;
252:19;
253:19;
270:20;
271:6,9,21;
277:7; 278:6;
296:3
pointed 252:4
pointing 240:1
poisoning
187:1
policy 100:1,
16; 135:8;
188:8,11;
195:22
pollution
148:19;
206:13;
224:19
polychlorinat
ed 107:16;
245:14;
275:8; 280:13
pond 215:20;
219:12,15;
223:1,8
r>onds 219:8 ^11; 221:15 *
populations 263:22
portion 50:4; 222:10
portions 57:21; 58:18; 225:1; 267:21;
269:21 position 18:2;
70:3; 184:4,
18; 223:21; 244:3 positive 9:9; 219:13 possibility 161:8; 164:20 possible 181:6,11,17; 225:23; 226:22; 233:7; 235:19; 236:3,18; 278:12 potential 186:11 potentially 215:11 poultry 288:1, 2,3,4,6,15,17 pound 121:21; ' 122:1;
141:21; 197:20 pounds 34:14; 36: 13; 37: 1, 4; 43 : 14,15; 44: 10; 55: 17, 23; 56 :9,12, 18; 59 : 15; 60 : 5,10; 82 : 3,7 ; 88 :7; 93 : 4; 102 : 7; 114 : 21 141 : 13 147 : 10
149 : 15 150 : 1 / 8,9, 15; 196 :9, 13; 197 : 1 / 14,22; 198 : 5 ; 200 :1; 253 : 19 / 271 : 10 ,12, 20 power 15:12
t
21: 11; 165 : 6 practical
67:8; 203:22 practice
215:23
practices 215:9
precaution 207:14
precautionary 182:5
precisely
225:4
predict 284:16
prefer 29:7
preferably
202:23;
259:12
preferring
254:11
,
pregnant
211:12,21
preliminary
194:6
preparation
21:1; 23:9;
170:21;
249:11
prepare 19:16;
235:20;
274:22
prepared
29:11; 32:15;
146:23; 236:3
preparing
22:21; 23:4;
99:12
presence
113:23;
121:19;
125:5,18;
166:19;
226:21; 300:6
present 35:20;
46:4; 56:7,8,
23; 111:4;
132:18;
135:20;
139:19;
157:11;
212:1; 226:1;
262:4; 268:3;
276:21;
284:2,6,7;
292 : 9
presently
7:12,17; 82:2
president
246:21;
247:6; 280:9
press 175:14;
232:22;
253:18;
254:1; 279:4,
10; 280:19
presumed
228:6; 250:12
pretty 130:12
prevent 51:21;
Page 37
233:21; 247:3 prevention
182:10 previous
118:13; 297:4 previously
30:22; 139-12; 206:10 primarily 35:5; 125:17; 129:10; 130:10,15; 228 : 9 primary 226:23; 270:8,12 principal 70:7
principles
123:22 prior 5:21;
31:4; 33:21; 37:23; 84:12; 204:1,5; 214:14; 271:12 privy 139:15, 18 probably 49:17; 51:14; 54:9,11; 104:17; 146:1; 203:21 problem 82:14, 19; 83:3,17; 86:11; 95:9; 109:2,14; 113:19,22; 121:16; 165:19; 176:19; 177:1,6; 206:13; 213:21; 259:5; 275:5 problems 26:15; 94:15, 23; 178:10;
ion no ^/
212:15,17,19, 20; 243:22; 259:1 procedure 255:2; 256:16 procedures 129:18 process 10:8; 11:14; 14:19;
HARTOLDMONO012492
PAPAGRGE.TXT
120:20; 138:10; 167:19; 200:18; 213:18; 264:7 processed 287:10 processes 15:15 prod 247:16 produced 18:8, 16; 273:6; 276:14; 277:18; 278:1,2,8 producers 129:22; 130:1,2 producing 16:5; 52:7; 126:4 product 15:11; 16:21; 17:6, 9; 18:3,4; 178:6; 181:13,14; 200:20; 227:15 production 12:12,13; 13:5; 14:17; 57:4; 199:12; 206:20; 207:3; 222:19; 223:17; 276:12; 277:22 products 13:12; 16:4; 17:12,13,16; 18:15; 70:16; 107:7; 158:7; 163:22; 164:5; 172:15,18; 173:4; 181:22; 194:16; 195:6; 199:7; 225:10; 230:11; 240:16; 241:11,12; 267:19,21 professional 1:15; 178:17; 300:22.5
professor
143:8 profit 79:18 profitable
50:17 program 25:4;
96:7,22; 100:5; 112:20; 134:5; 167:20; 168:1; 194:12; 233 :23 programs 72:13 progress 27:20; 28:15; 43:16; 57:14; 58:22 project 206:22; 207:5 projects 13:18; 41:16; 99:12; 247:12 prolonged 182:14 promise 138:14 prompted 274:11 proper 17:14; 192:8; 242:10; 276:9 properly 226:23; 278:13 property 196:15; 198:8; 218:7 proposal 120:15; 122:14; 141:19,23; 261:19; 262:14,20; 263:23; 264:3 proposals 262:1,7; 263:8; 264:15,19; 265:16 propose 121:21; 124:20; 127:23; 243:4 proposed
91:11,16,20; 92:5,10; 96:6; 122:15;
266:3,11; 270:10 proposing 167:22; 265:6 protected 207:20 protection 16:17 prove 233:3 proven 175:20; 227:19 provide 27:9; 110:11; 182:19 provided 15:6; 131:11; 156:4;
178:20; 180:17;
221:9; 222:3; 253:16 prudent 209:15,22; 210:14; 213:7; 215:17 public 5:7; 71:6; 79:19; 82:15; 83:4, 18; 85:11; 175:14; 279:18; 300:23 publically 297:23 publicity 165:19; 166:11,14,18 published 227:14; 239:2 pump 13:19; 14:19; 221:19 pumpable 200:7 pumps 221:15 purchase 134:22; 246:6 purchasing 99:11 purpose 26:23; 27:1,7; 247:14; 270:8,12 purposes 95:16; 98:17; 114:7; 117:4; 140:19; 145:19,21; 147:21; 148:20;
Page 3 8
151:20; 162:16; 185:2; 192:21; 224:11; 285:22; 293:7 pursuant 1:20 pursue 247:12 put 6:7; 49:14; 83:14; 131:21; 181:22; 192:5,11; 196:14; 198:7; 199:13,20; 200:14,15; 201:5; 217:10; 219:5,6,14, 18; 222:8,11, 17; 223:4,19; 225:2; 230:23; 235:1; 274:18 putting 92:14; 111:22; 215:4; 224:23
Q
quantity 115:5; 197:11,20
quarter 20:21, 22; 139:4; 152:19
Queeny 14:2; 15:4,19
quench 291:10 question
10:13,14,19; 11:4; 25:21; 28:2; 34:1; 46:6; 66:8; 73:11; 153:12; 156:8; 166:2; 175:8; 179:5; 180:3; 187:18; 191:16; 192:17; 193:19; 196:6,8; 200:4; 202:7; 204:13,17,20; 205:1,4,8;
HARTOLDMONO012493
PAPAGRGE.TXT
206:9; 209:18; 210:1,13,19; 211:20; 212:7; 213:12; 214:20; 215:2; 219:17; 220:21; 221:18; 223:12; 226:6; 236:10; 240:6; 241:16; 246:14; 248:7; 252:13; 254:18; 255:1,16; 256:22; 258:9; 273:1; 284:10; 289:13; 2 <50-5; 291:2, 5; 292:4; 297:10 questioning 299:2 questions 5:17,18; 130:21; 152:8; 170:8; 177:19 quick 72:5; 119:7; 169:22 quickly 119:11 quietly 82:14, 19; 83:3 quite 10:19; 165:18; 169:5; 187:2; 210:6; 219:10; 225:3; 291:12 quotation 226:13 quote 271:13 quoted 289:7 quotes 192:3
R
R-o-d-e-r 185 : 8
R-o-u-s-h 185:7
radiating 221:1
rags 201:3 rain 220:1 rainfall
220:10 rains 220:4 rainwater
105:10; 220:17 ramifications 125:8 Randy 275:4 ranging 157:11 rate 135:23 rates 276:20 rather 18:11; 205:23; 228:12; 253:7; 259:5; 264:12; 278:5 rational 45:15 rationale 46:3 raw 15:10 reach 202:23; 206:5; 233:4; 252:16 reached 62:23; 142:2,10; 253:13 reaches 50:11 reactions 166:9 read 21:21; 41:23; 43:2; 47:7; 78:16; 90:11; 99:17; 100:18; 117:13; 140:23; 147:3; 166:9; 183:12; 185:15; 215:1; 252:23; 262:10 reading 5:10; 65:8; 99:19; 100:13; 148:21; 149:5; 153:8, 10; 175:9; 185:13 reads 29:4; 34:11; 183:22; 204:13; 215:2 ready 85:4
real 176:4; 248:8; 276:22
realistic 272:12
really 15:6; 21:8; 35:12, 22; 61:19; 70:18; 107:21; 121:17; 152:10; 175:15; 178:8; 258:11; 266:5; 279:14
reason 31:2,7; 32:20; 33:3; 40:5; 44:14; 45:15; 46:4; 54:12; 155:21; 210:21; 235:1; 238:23
reasons 289:20; 291:21
recall 8:14, 19; 12:20; 21:5,6; 22:7; 27:13; 30:3; 32:7; 38:11; 48:17; 49:3, 8; 51:11; 72:10; 73:5; 77:7; 78:14, 16; 81:5,7, 10,12,14,20; 83:11; 84:21; 91:3,16,17, 19; 100:13, 19; 101:4; 104:14; 106:8,15,21; 107:9; 109:12,22; 115:17;
: , ;120:23;
122 6 12
126:5; 127:2, 23; 128:17; 130:20; 131:23; 133:9; 134:2, 3; 138:15; 151:8; 152:14,21; 159:5; 160:15;
Page 3 9
165:1; 166:17; 168:5,12,21; 173:11; 174:6; 181:9, 18; 184:3,12; 187:15,21; 190:22; 197:10; 202:22; 205:15,18; 206:17,22; 208:15; 227:23; 228:1,4; 229:5; 232:6; 238:22; 243:23; 249:1,3; 250:9; 261:14; 262:12,13,16, 20; 263:6,10, 23; 264:5,22; 265:1,3,5,8, 12 266:2 267:15,16; 269:16; 270:4; 274:23; 275:14; 282:19; 286:10; 288:9,19; 298:3 recalling 26:15 receipt 167:17,18 receive 22:23; 99:22; 131:17; 133:19; 135:2,4; 293:19 received 9:16, 19; 72:20; 75:1; 80:1; 98:23; 132:13; 149:1; 156:11; 165:3; 166:6; 168:9,22; 169:1; 174:13; 287:4,5 receiver 48:6
HARTOLDMONO012494
PAPAGRGE.TXT
receiving 30:3; 286:10
recent 230:20; 280:4; 286:13
recently 238:3 recipient
78:11; 104:13; 141:1; 143:4; 237:22 recipients 29:23; 88:16; 90:9; 95:19; 117:9; 163:19; 184:7; 194:20,21; 248:18 recognize 173:13; 236:13; 238:1; 261:12; 269:14; 274:7; 279:7; 282:7; 286:8; 293:16,21 recollection 11:10,23; 12:5; 22:18; 26:6,9; 27:16; 29:2; 30:20; 35:9; 37:18; 38:1; 49:5,6,23; 73:17; 83:13, 15; 97:8; 130:16; 161:12 recommend 270:16 recommendation 51:23; 52:2,
3,9 recommendatio-
ns 51:21 recommended
250:18 reconsider
266:1 record 6:8;
7:8; 12:6; 27:18; 29:4; 47:10; 57:20; 58:12,20; 69:13; 78:7; 79:5; 84:2,8; 87:2; 98:16;
103:18,19,20;
112:1; 122:20,23; 281:20; 298:15 recorded 7:3 records 100:5 recover 48:18; 49:9; 50:14; 181:3 recovered 48:23; 200:19 recovering 50:16 recovery 50:17 recurrence 51:21 recycled 200:19 reduce 57:7; 114:3; 252:21; 253:4 reduced 130:14; 197:11; 295:19; 300:6 reducing 253:3 reduction 295:8 refer 31:15; 48:22; 204:9; 281:18; 295:22 reference 37:17; 40:15; 108:1; 168:6; 169:11; 181:1; 235:9; 271:19; 298:3 referenced 179:20 referencing 62:20 referred 14:1; 16:23; 18:21; 19:5; 40:1; 51:15; 180:7; 182:3; 186:14; 202:1; 226:4, 14; 242:23; 262:10; 286:23; 289:11; 290:1 referring 12:1,4; 27:16; 31:19; 34:9; 36:8,
12,21; 37:15; 38:5; 55:13; 57:1; 75:17;
81:19; 89:13; 91:15; 92:4, 18; 100:9; 104:18; 105:7; 109:17; 113:15; 118:11; 130:1,2; 138:21; 157:5; 182:9; 203:7; 214:19,22; 235:13; 236:4; 241:12; 242:21; 264:11; 271:1; 272:16; 289:15; 296:11; 297:22 refers 41:12; 52:3; 61:21; 290:19; 295:6 reflect 35:23; 56:6; 63:11 reflected 27:3; 46:1; 51:23; 54:14; 63:10 reflects 30:5; 36:3; 38:8, 17; 40:11; 41:3; 47:18; 48:1; 49:16; 55:10; 56:15; 75:13; 76:9; 88:3; 89:6; 102:10; 105:17; 114:17,18; 147:8; 174:17 refresh 11:22; 12:4; 21:22; 22:2,18; 25:20; 26:5, 8,11; 27:15; 28:6; 29:1; 30:20; 35:8; 37:18; 39:16; 48:21; 49:4; 161:11 Refuse 250:21;
Page 40
251:2,7; 253:17 regarding 22:9; 23:19; 32:4; 53:20; 63:15; 82:21; 92:1,11; 94:8; 100:17; 107:12; 125:9; 126:2; 129:14,21; 130:20; 138:7; 139:16; 140:8; 143:16; 174:14; 175:12,22; 176:23; 177:5,19; 178:3; 184:16; 192:5,12; 193:14; 226:8; 245:13; 254:14,20; 262:20; 264:14; 272:5; 285:10 Regional 1:22.5 register 214:11; 261:20; 262:9 Registered 1:15; 300:22.5 registration 179:12; 180:1 regular 161:16,18 regulations 184:16; 266:3,6; 270:11 regulatory 17:18; 283:2 reiterate 171:11 relate 263:16 related 12:16; 22:10; 91:4; 95:2 relates 96:6; 179:22 relating 5:14; 18:15; 99:10;
HARTOLDMONO012495
PAPAGRGE.TXT
1 t;p . 99
relation 64:17 relations
79:19; 279:18 relationship
167:14 relatively
93:14 release 82:15;
83:3; 279:4, 10; 280:19; 297:19; 298:1 released 297:23 releases 96:19; 297:7 releasing 82:20; 83:17 relevant 270:17 reliable 27:10 reluctance 93:13 remain 118:8 remainder 49:1,17; 137:13. remaining 122:7 remember 8:21; 1^:1; 20:1; 22:13; 28:2, 10; 34:19; 39:7; 40:6; 46:17,18,19; 51:19; 71:6; 73:2; 74:7; . 77:5; 86:21; 94:4; 96:14, 18; 103:3; 107:15; 108:1,20; 109:18; 122:10; 126:11; 128:1,8; 132:1; 134:18; 139:3; 140:1; 159:23; 160:17; 169:11,14; 172:21; 176:8; 180:23; 181:12,15; 184:8; 190:11;
199:5; 216:3; 230:7; 232:12; 262:11,19;
274:9; 282:9; 287:4; 292:13,15 remind 123:6 removal 235:17; 236:1 remove 75:6 reorganization 18:18; 19:4 reorganizations 108:21 rep 186:12 repair 14:8; 213:20 repeat 147:15 rephrase 160:5 replacement 240:16; 241:11,12 report 27:20; 28:15; 37:6; 43:16; 48:10; 54:16; 57:14; 58:22; 93:13; 94:13; 98:18; 99:1,16; 100:20; 106:17; 114:9,18; 146:11,18; 148:5,6; 165:3; 255:21; 280:4 reported 81:9; 93:18; 104:10; 106:12; 141:15; 149:10,14; 150:6; 157:3; 164:6; 165:12;
171:6; 227:21 Reporter 1:14,
15; 123:5; 300:22,22.5 Reporter's 2:18 reporting 1:22.5; 16:10; 37:7; 71:8; 106:4; 107:12; 141:4;
Page 41
150:13;
1 1I O C" ^ O "> * f b<J ^ X / J |
1
156:12
193:12;
reports 82:10;
194:15;
100:21;
225:9;
102:4;
267:11;
137:19;
285:14
155:13;
researchers
192:8,14;
120:17;
227:14;
228:3; 267:5,
257:7,10,15,
13
19 reserved
represent
203:21
251:4,10
reservoir
representative
233:2,5
173:10;
reservoirs
185:17;
174:20
186:4,6;
reside 7:12
191:5; 279:19 residents
representativ
44:8,19;
es 81:8;
45:11,22;
140:1,7;
77:20;
148:7; 188:2;
182:19;
190:4; 191:1
191:9,19;
represented
208:19,23;
76:2; 115:19
209:2; 275:22
representing
residue 72:6;
255:3; 256:12
143:13;
represents
294:23
194:5
residues
reproduce
177:11,18;
226:23
nac . i o
reproduction
resistance
226:15;
263:13
227:9,12,18;
respective 5:3
228:20
respond 233:19
reproductive
responding
228:13; 229:7
14:17
reproductivity response
228:22
233:16;
reps 189:5
243:9;
request 82:18;
261:19;
83:6,16;
265:12
139:7,11;
responsibilit
239:7
ies 79:10;
requested
90:16; 99:8;
85:22,23;
186:7
91:12; 246:4; responsibility
250:4,7;
30:19; 186:9
274:17,21,22
responsible
requests 179:7
14:6; 16:4;
required
17:12; 79:2,
14:20; 17:17;
14; 125:10;
199:8; 247:13
172:14,17,22;
requirement
173:3,5;
262:23; 264:6
185:19;
research 41:5,
213:7; 216:1
8,11,14;
rest 54:11;
51:16; 70:6,
154 : 7
HARTOLDMONO012496
PAPAGRGE.TXT
restrictive 262:2,15
result 18:18; 51:1; 120:5; 210:5; 228:5; 253:12; 265:20; 276:11; 281:11
resulted 79:16; 95:4; 168:1
resulting 80:22; 213:18
results 26:17; 33:12; 36:3; 38:9; 41:18; 42:9,11,15; 51:18; 61:1; 68:11; 86:19; 104:21; 138:14; 143:20,22; 152:23 ; 154:12; 155:13,23; 156:13,20,23; 157:16; 159:12,17; 234:1; 239:1; 283:22,23; 295:16
retainer 135:10,16; 136:15; 137:2
retainers 170:4
retention 100:5,17; 288:14
retired 19:6; 131:4
return 161:15 returned
201:18 reuse 48:23;
50 :17 review 20:23;
21:4,13,18; 46:14; 53:18; 58:14; 85:2; 92:10; 163:4; 170:2; 172:7 reviewed 29:10; 58:16; 69:11; 73:3; 91:21; 101:13;
152:11; 162:23; 172:9; 232:13; 249:10; 256:19; 257:14; 269:13; 286:12 reviewing 23:7; 91:10; 92:4; 185:13 revolves 130:15 Richard 193:12; 194:14,15; 195:7,11,18; 225:5,7;
237:13; 238:9,11; 239:13,16,20; 240:15,20 Richard's 195:1,4; 225:8,12; 238:6; 240:13 rid 258:16 right-hand 219:2,6 ring 32:12 river 89:3; 273:14; 289:3,6,10, 15,17,21; 290:3,12,15; 294:4; 297:7 rivers 272:18 road 201:2; 217:21 roadway 218:10 Robert 158:3 Rockwell 214:7 Roder 185:8; 186:2,3 role 126:2; 129:15,20; 130:8 room 139:19; 189:3; 190:4; 211:14 rough 194:5; 224:17 roughly 20:20; 33:10 Roush 185:7, 16,17,21; 186:23
RPR 5:6 rubber 13:9,11 rule 10:11 rules 5:13;
10:11
run 29:5,7,8; 125:6; 179:8, 11; 201:12; 244:15
running 135:14 runs 219:19;
220:11,18
S
S-a-u-g-e-t 15:22; 199:14
S-c-h-a-l-k 173:5
s-double 160:17
S-e-t-t-i-n-e 155:5
safe 98:4 safely 202:21 safety 17:13;
177:11,17; 178:22 sale 199:7 Salers 1:14; 5:5; 300:21.5 sales 168:7; 169:3; 184:18; 186:12; 188:3; 243:1 salesman 186:3 salesmen 243:5 same 5:12; 12:10; 13:22; 15:5; 18:23; 32:23; 41:20; 46:3; 76:8, 20; 178:18; 181:16; 207:16; 214:12; 244:5; 276:10; 297:13,14 sample 40:18; 42:2,3,7; 43:12; 60:9; 63:20; 64:12, 14; 65:3; 67:15,16; 72:22; 74:23; 75:6; 89:19;
Page 42
118:8; 144:7; 233:20,21 sampled 74:14; 144:3 samples 39:13, 18,19,20; 40:11,12,23; 41:3,18,21; 42:1,17,18; 45:12,23; 51:6,10; 61:8,11; 62:10; 63:9; 64:5,9; 68:12; 72:15, 18; 73:23; 74:4; 84:18; 86:8; 89:2.6: 96:14,16; 97:6,11,22; 98:2; 104:19; 105:13,17; 111:17; 143:17,18; 148:9,11; 152:18; 153:1; 155:15,20; 156:1,3,11, 16; 157:7,17; 159:8,12,16, 21; 160:7,20; 161:20; 164:16; 174:12; 238:12,15; 239:7,11; 262:22 sampling 61:1, 5,9; 86:7; 95:3; 96:3,6, 7,23; 97:9; 142:9; 159:9, 23; 161:1; 162:6 samplings 86:10; 96:10 San 127:10 sand 49:19 Santowax 35:6 Saratoga 274:16 sat 24:8 saturated 63:15 saturation 63:12,14 Sauget 15:21;
HARTOLDMONO012497
PAPAGRGE.TXT
17; 285:20; 292:22; 293:5 WILLIAM 1 : 11 # 12; 2:21 5:4; 6:3 7:9; 137 111 willing 285:8 withdravm 21:14; 24:2; 37:19; 77:16; 128:10; 163:2; 241:10; 251:11; 259:6 withhold 94:8 within 12:10; 16: 23; 18:19; 19: 4; 25:7; 35: 14, 17; 44 : 3; 94:2; 107 :8, 13; 136 : 23 / 137 : 1; 188 : 23 t 242 :8; 267 : 23 ! 284 : 2 0 without 22:3; 33:17; 61:19; 82:14,20; 83:3,17; 119:16; 176:3; 262:12; 263:14 witness 2:21; 5:11; 23:1; 66:10,15; 116:17,21; 124:16; 125:2; 126:9; 144:20; 151:11; 170:2,10,21; 171:4,8; 222:18; 223:5,23; 269:12; 300:1,11,17 witnesses 300:7 wondered 170:12 wondering 73:15 Wood 171:23; 172:10,11 word 32:7;
35:14; 41:6;
70:18; 120:20; 129:11; 139:18; 174:8; 258:17; 295:11 wording 182:2 words 29:21; 56:20; 83:14 work 25:18; 41:14; 123:16,19; 125:12; 126:8; 128:12,14,19; 129:2,4,8; 131:2,10,18; 132:16; 185:22; 255:22 worked 30:17; 70:22; 87:18? 179:17; 208:13 worker 96:20 workers 207:16,19; 208:13; 209:7 working 18:7, 10; 105:15; 115:15; 172:12; 173:10; 256:16 world 179:17 worried 174:23 worse 98:6 worst 277:10 Wright 29:12, 14; 30:17; 32:16; 47:12; 48:12; 50:12; 51:20; 71:11; 88:15; 91:5; 104:4,9,18; 137:12; 138:1; 140:2; 141:7; 143:1, 12
Wright's 139:7 write 261:18;
274:11 write-up 263:4 writing 189:9,
10; 247:15; 258:1;
261:14;
274:9,18;
282:9; 300:6
written 78:8;
94:1; 101:17;
112:13;
185:6;
231:23;
236:8;
.
248:16;
254:8; 255:23
wrote 194:18;
261:9
Y
y'all 154:12 yard 209:13,20 yards 157:9 year 19:7;
24:16; 72:21; 94:3; 97:18; 131:9,13; 132:15,17,20, 22; 134:2; 135:17; 142:11; 197:12,14,20; 219:23; 220:2 years 8:20; 11:9; 31:5; 132:20; 158:19; 196:23; 281:15; 282:18; 283:18,20; 284:1; 297:4 yesterday 20:13; 123:13; 231:17 yield 278:2 yielded 278:11,12 York 2:7; 274:17 young 230:2 yourself 47:13; 108:7; 269:18
Z
zero 33:20; 150:1,8; 253:19; 272:14
Page 52 zeros 65:13
/ 1:9.5 300:21
HARTOLDMONO012498
PAPAGRGE.TXT
199:14 ' 207:12 ; 213:1 Savage 90:12, 13; 101:17;
102:22
/ri -
i
1
X . XU
117:8
Savage's
90:18; 102:20
saw 36:6;
39:8; 72:13;
105:22 ' 163:1;
166:16 '
173:18
174:3;
189:10 r
210:20
232:6; 249:3;
282:11 ,15;
293:22
sawdust 201:3
saying 10:16;
132:22 '
179:19 218:6
says 27 4 ;
35:4; 40:18,
21; 41 :8;
48:4; 55:14,
17; 56 8,14,
23; 61 9;
62:3; 67:12;
72:2; 73:13;
80:4,21;
81:18; 85:10;
92:4,17;
07.1*1 .
104:18 105:21
110:3; 148:18 150:5; 153:4; 154:11 155:22 165:17 186:23 225:23 230:11 235:19 240:23 253:12 scanned 25:19; 38:11; 58:15; 79:8; 88:23; 98:22; 148:4; 193:16 279:3; 293:15 Schalk 173:5
scheduled
120:12
science 9:16, 20; 10:3; 119:19; 190:21; 286:17
scientific 176:4; 280:12
scientifically 262:18
scientist 282:23
scoop 258:15 score 8:11 Scott 70:1 screw 287:11 sea 228:5 seal 300:18 sealants 272:8 sealed 201:5 search 124:2 second 13:5;
34:10; 42:3; 43:12; 52:4, 13; 58:10; 72:19; 75:12; 77:13; 88:9; 109:6; 116:19; 118:22; 122:21; 143:23; 176:12 ; 186:22; 187:6,7; 198:16; 224:4,10,14; 234:12; 235:12; 237:3; 239:12; 240:14; 251:13; 266:7; 275:17; 276:2; 277:16; 282:20; 283:15;
288:20; 295:6 secretary
82 :12 section
148:19; 150:4; 152:23; 225:20; 295:6; 296:3
sections 99:6; 270:4
sediment 42:2, 12,15,18 63:17,22, 72:16; 74:1; 84:17; 152:17; 215:20
sediments 42:10
see 16:17, 20:20; 31:18; 34:8; 36 10; 37:5,17; 38:16,20 40:17,18 41:2; 42 21; 46:20; 54:18, 19; 55:12,15, 21; 56:7 21; 60:12; 62:3, 9; 64:13 67:18,21 72:6; 80 6; 81:2; 82 4. 16; 85:15; 86:12; 93:4; 94:17,18, 96:1; 101:2, 3; 102:7, 105:13; 110:8; 119:2; 143:20; 144:8,11, 148:22; 149:14; 150:3,11, 154:4; 156:20,22; 165:20; 167:5; 173:14,17; 176:14,19; 177:12; 187:9; 192:9; 217:3; 218:6; 219:8; 221:1, 19; 223:6,9, 22; 225:21, 22; 232:10; 235:7,8,9; 240:1; 242:14; 247:10; 248:1; 250:17; 251:14,20;
Page 43
253:20;
256:1; 261:5;
262:5,9;
263:4,9;
266:5,13;
267:9; 270:2;
271:16;
275:19;
276:5;
284:22;
289:8; 295:3;
296:13
seeing 22:7;
38:11; 46:19;
78:14;
106:15;
107:9; 159:5;
165:12; 249:1
seem 130:18
seemed 72:11;
178:23
seems 181:13
seen 46:13;
104:11;
152:13;
155:10;
159:4;
184:10;
225:15;
232:4,5;
238:2,3
segment 152:19
segregated
215:13
self-employed
i : io ;
14 ,
17,20
semiannual
72:3,8;
73:14,15
send 136:20
sending 143:12
senior 12:9
sense 275:10
sent 51:13,15;
55:1; 69:13;
87:12;
143:18;
188:16;
200:21;
255:23;
256:5,6,8,10;
257:3,8,11,
15,19
sentence
31:18; 34:11;
36:21; 72:1;
80:20; 85:9;
HARTOLDMONO012499
PAPAGRGE~.TXT
91:10; 93:11;
118:22 155:22 177:8; 182:9; 186:22 187:7;
180:4;
191:23 192 :2 193:23 230:10 270:15 284:19 296:2 separate 153:22 September 40:14,22; 54:14; 87:2; 88:14; 90:7; 92:22; 93:8, 18; 101:22; 102:5,12; 113:2; 121:23 153:14 193:13 198:19 214:10 237:14 16,17,
21
series 221:9, 14
serious 165:18 166:22 167:12
seriously 167:23
seriousness 113:19 22
served 124:16 serves 109:23 service
1:22.5 45:1, 3; 54:15; 158:5; 171:2;
202:11
services 15:7; 27:21; 28:16; 58:23; 98:19; 99:5; 104:8; 114:9; 132:8; 146:9,10,19; zjI:21
Set 1:21;
25:16; 60:13; 62:10; 115:4, 9,11; 149:22;
198:19,23; 224:13,14; 260:14; 270:9; 271:4; 300:17 sets 40:12,22; 69:18; 144:12; 151:22; 224:13 Settine 155:5 setup 221:22 seven 3:6; 58:4,7,20; 62:16; 67:22; 88:5; 90:9; 114:19; 144:5 seventeen 3:11; 108:6, 12; 212:4; 295:2 seventh 65:1, 14; 66:19 seventy-four 60:5 several 70:11; 76:6; 104:19; 117:9; 124:9; 148:9; 172:16; 187:16; 189:2; 203:12; 214:8; 224:23; 226:7; 249:17; 288:7; 290:13; 291:8 severe 228:10 sewer 36:23; 47:21; 49:10, 18; 52:21; 56:1,17,21; 59:10; 100:23; 117:18 sewers 50:2 shall 5:16 Share 97:3; 139:13; 188:11,13 shared 84:19; 177:20; 188:19; 194:9 shares 133:8; 134:16 sharing 84:18
sheet 59:6,20; 64:23
sheets 60:23; 62:5,12;
63:10 ship 198:10 shipped 72:5 shoes 210:8 shooting
102:16,23; 103:1,3 Shores 229:11, 12,13,19 short 298:11 shortcoming 33 :6 Shorthand 1:14; 300:22 shot 217:23; 218:1 shouldn't 76:14; 178:8 shovel 50:2 shovels 258:22 show 22:16; 28:12; 46:21; 92:21; 104:1, 21; 171:19; 206:6,7;
221:14; 231:1; 252:20; 283:22; 294:16,22; 295:8,17 showed 36:23; 53:15; 86:9; 98:3; 157:10; 288:10 showing 159:17 shown 227:8, 19; 228:12; 229:6; 283:23 shows 41:23; 91:9; 144:2; 221:21; 294:21 shrimp 230:1,2 shut 97:13,16, 21; 122:7,9 shutdown 142:6; 199:9 Sick 187:13; 296:10,19 sicknesses
242:5 side 218:15;
223:20;
Page 44 '
242:13 sign 246:4,10 signal 239:14 signature
5:10; 261:16 signed 234:16;
237:4; 246:22 247:6 silos 165:15 similar 69:3, 4; 115 : 23 ; 116:2; 179:11 ' 226:17 ' 295:11 similarities 235:8 similarly 284:5; 295:8 since 19:10, 13; 86 :7; 118:3; 131:3, 14; 134:14. 17; 178:13; 204:6; 254:4; 273:11 295:17 sincerely 246:19 sir 21:8; 24:17,18; 37:19; 38:16, 21; 41 9; 43:5,19; 44:7; 45:1; 46:3,10,13; 52:18; 56:15; 61:21; 63:3, 13; 66 3 ; 67:14; 76:16; 77:1; 86:21; 89:16,22; 91:9; 93:17; 94:11; 95:7, 11; 113:14; 149:6; 150:11 155:18 158:14 163:10 170:14 187:9; 202:9; 204:10 205:lb 206:17 207:6,10; 208:1,4,7;
209:12
HARTOLDMONO012500
PAPAGRGE.TXT
210:2,* 211:8,
13,18;
212:13;
213:4; 218:3;
219:19;
220:14;
222:16,23;
231:12;
232:5;
236:11,16;
249:2,8,12;
O*-- ^- A-- * A" 1 ^I*Q" ./ 255:2;
261:15;
264 : 20;
274:7; 282:8,
10; 293:14;
297:11
Sit 23:15
Site 110:17;
291:13
sites 152:18;
198:11
situation
18:9; 110:17;
111:3;
129:21;
130:13;
166:20; 288:5
situations
49:13
six 3:5.5;
8:16; 14:15;
39:20; 40:9;
43:14; 53:6,
11; 65:1,10,
13,15,16;
66:18; 89:9,
18; 93:2;
'
114:23
six-year 134:5
sixteen
3:10.5; 82:3,
7; 103:22;
202:22
sixth 65:17
sixty 59:22;
133:5; 214:22
sixty-eight
62:17
sixty-four
89:10; 104:22
sketchy 175:10
Skin 178:7,9;
2 92 -.21
Slash 88:17;
180:8
slight 222:9
slip 112:5; 137:10
small 272:15 smaller 35:6;
269:2 SMITH 2:12.5;
124:10; 129:3,5; 130:6; 131:11; 132:16; 135:11,23; 136:20; 183:8,13,14 Snow 37:13,22; 38:3; 40:13; 41:1; 44:20; 45:14; 50:20; 51:6,8; 61:1, 4,9; 62:10, 15,23; 64:5, 14; 74:16; 81:2; 82:2,8; 91:13; 92:20; 93:19; 94:21; 101:23; 102:11; 157:8; 160:20; 235:14,16,23; 236:18; 258:3,7; 259:8,10,15; 272:21 soil 72:15; 117:18,22; 118:1,6,11, 12,18; 119:7; 120:19; 156:17; 158:4; 159:16; 161:4; 283:17; 284:2,7,14 soils 285:15 sold 76:7; 183:16; 271:21; 288:1,2 solicited 261:20 Solid 200:8; 201:23; 202:1,4; 204:14; 205:9,10,20; 206:20;
207:3,8 solidified
200:11 solids 200:10,
12 solution
119:16 solve 259:5 somebody
65:23; 236:21,22; 275:15 somehow 54:12; 154:15 someone 43:21; 195:14 something 29:19; 69:3; 87:11; 105:22; 145:8; 232:19; 250:9; 277:23; 278:17; 296:21 sometime 30:10; 190:9 sometimes 10:17; 46:11; 68:5 somewhere 8:16; 135:18; 259:3 sorry 9:12,13; 17:7; 19:11, 12; 26:8; 28:1; 42:11; 43:2; 53:14; 57:5,16; 67:16; 68:4, 7; 70:1; 71:20; 77:12, 14; 108:15, 18; 113:17; 116:17; 141:16; 145:23; 151:10; 153:9; 154:17; 187:7; 199:18; 224:2; 231:14; 237:20; 241:10; 264:4; 266:9;
Page 45
268:14,17;
273:23;
282:13,14;
287:5; 294:11
sort 12:22;
177:10,17;
216:9
sounds 207:1
source 98:3;
111:7; 213:2,
3; 250:12; AOd T< OV - ^0*1^ f. ^Ad / X Wr
sources 35:4;
119:1
south 68:23;
218:21,23
Southern 228:1
speaking
107:20; 242:8
special 245:11
species 74:14;
75:16,19;
76:8; 229:5;
275:18;
290:13
specific
115:5;
169:15;
175:23;
181:12;
190:3; 263:5;
292:16
specifically
22:5; 51:1;
61:14;
169:17;
198:17;
214:19;
,
243:8; 245:4; '
246:1;
262:16;
266:2;
282:16;
295:16;
296:16
specifics
22:12;
262:13;
292:14; 298:4
specified
235:17
spectrum 25:6
speculation
236:10;
284:11;
290:6; 292:5
spell 7:10
spend 137:1
HARTOLDMONO012501
PAPAGRGE.TXT
spent 23:18; 24:4,11; 130:13; 136:9; 206:18
spewed 291:9 spill 47:15;
48:8; 51:2,7 spilled 49:2;
50:19; 52:20 sponsored
228:17 sport 233:3 spot 61:11 spotted 39:6 sprayed 165:7 spring 81:23 Springgate
164:9,10; 168:23 Springs 274:17 St 143:18; 176:16; 183:10 St. 7:14,15; 8:23; 9:18; 14:3; 16:10, 11; 17:2; 20:3; 87:4; 173:10; 185:19; 199:13; 243:7 Staff 71:16; 185:22; 236:12 stain 39:8 stamp 27:23; 28:18; 53:7, 8; 224:12 standard 115:12; 116:12 standards 266:12; 270:18; 271:4 standpoint 93 :12 stands 101:8 stapled 234:21; 244:20 Start 72:8; 162:13 started 67:6; 129:6; 238:22; 246:7 starting 35:18; 53:22; 106:9;
133:17; 188:1; 194:3; 195:10; 254:11 starts 251:17 state 1:1; 6:1; 7:7; 9:5; 10:1,10; 17:18; 27:19; 94:12; 112:18; 118:23; 127:11,18; 139:13; 152:16; 256:13; 261:23; 264:13; 270:15; 271:13; 275:17; 276:3; 284:19 stated 281:2 statement 56:11; 280:15; 281:5; 292:16 statements 182:5 states 36:23; 82:1,11; 86:7; 91:10; 94:12; 109:7; 158:4; 159:7; 166:21; 172:23; 174:22; 175:1; 176:16,20; 177:8; 192:1, 3; 232:20; 235:14,16,23; 239:13; 240:15; 242:17; 247:21; 250:18,22; 251:21; 255:21; 257:6,23; 275:3; 280:20; 286:16; 288:23; 289:16; 294:20; 295:15,21; 296:3,16;
297:15 stating 106:16 station 45:2,
4; 61:2,5,8,
10 stationed 17:2 status 22:9;
82:1 stays 244:5 stenography
300:7 steps 233:15 Still 12:10;
15:4,5 17:2; 26:15; 38:13; 41:20; 48:5; 56:6; 74:8; 102:11 114:23 119:16 123:7; 130:22 138:10 249:20 271:20 273:10 279:20 280:1; 284:2 Stillwater 10:2 stipulate 57:20 STIPULATED 5:2,9,15,22 stipulation 6:9,23 stipulations 1:21; 2:17 stir 258:23 Stock 133:6, 12; 134:23 Stood 70:2 Stop 168:16; 175:4; 201:11 s topped 74:7; 79:21 Stops 171:5 storm 228:5; 281:7
storms 228:10 STR 162 18 straight 213:9 strategy
193:17, 254:14, 20 stream 213:18; 215:11; 289:17
Page 46
streams 117:17; 221:1
Street 1:19, 23; 2:4,10.5
streets 281:8 strictly
107:20 strike 45:7 strong 161:8;
162:5 struck 290:18 studied 175:13 studies
179:10; 228:2; 238:19; 240:10; 242:2; 270:16,22; 271:2 Study 119:8; 144:11; 174:14,15; 180:9; 190:19; 208:12,18; 227:13; 228:17; 229:10,23; 283:16; 294:3 Stuff 215:5; 292:20 subject 47:15; 89:1; 109:9; 120:18; 174:10; 175:2; 185:9; 193:14 subjects 102:3; 190:7 submitted 24:3 subparagraph 250:15; 255:20; 257:6 subpart 262:10 subpoenaed 93:15 subsequent 74:3 subsequently 227:4 substance 168:13; 265:3 successful 119:11; 239:1,4 successively 260:16
HARTOLDMONO012502
PAPAGRGE.TXT
successors 160:18
sufficient 228:9
suggest 8:12; 67:9; 131:12; 156:9; 190:13; 192:4
suggested 252:1,23; 257:2,18; 258:2
suggestions 257:2
suit 250:19 Suite 2:3.5 suTM. 168 :12 summary 34:10;
36:22; 54:13, 14; 114:8; 146:11,17; 152:22; 255:21; 256:4,6,19; 257:3; 274:18,22; 294:3 summer 81:23; 168:4; 190:13; 274:12 sump 104:20; 105:14 superintendent 13:21; 14:5, 11; 15:2,23 superintendents 16:2 supervised 12:15; 14:13 supervision 13:6,16; 91:5 supervisor 12:12,14; 13:6,15; 29:20; 48:13; 90:18; 155:5; 156:10; 163:21; 195:5 supervisors 14:7; 15:8 supplied 216:15 supply 15:12; 245:13 supplying 99:9; 124:3 support 176:4;
204:22 supported
262:2 supporting
290:11,12 suppose 23:8 supposed
100:10
supposedly 191:5
surface 105:11 surfaces
118:20 surprised
168:14 survey 72:3,
23; 73:14; 143:13;
202:10
surveys 72:9; 73:16,21; 74:6
suspect 154:9;
212:12
suspected 114:1; 226:17
suspicion 162:5
Suttkus 109:23; 110:1; 294:10,12,13, 15; 295:6; 297:15
Swedish. 174:12 Swelling
288:13,14 switch 83:22 sworn 6:4;
269:7; 300:3 symptoms
176:1; 288:7,
10
Syntax 124:18; 125:12; 126:19; 127:3; 128:13; 132:7
synthetic 184:19
system 117:18; 120:5; 192:8; 204:15; 252:22; 272:2; 280:21; 287:7,8,16; 294:17
systemic 181:6,17; 191:13,21
systems 207:20; 271:22,23; 272:1
T
t-e-r-t-i-a-r-y 120:11
Taffee 104:4, 6,7
talked 170:3; 188:5; 243:11; 277:17
talks 86:6 tank 13:19;
14:18; 96:21 tape 29:5;
84:7; 123:4;
201:11
tapes 83:22; 84:3
target 102:15, 23; 103:1; 115:5; 142:1, 2; 147:13; 239:15,17,21, 23; 240:4,11
targeted 93:8; 113:8,13,15; 115:1; 147:17
tars 201:1 task 14:16;
55:8; 119:10; 190:6,14 team 13:16; 41:12; 172:19; 195:2; 243:6; 255:9 technical 7:23; 8:1; 27:21; 28:16; 54:15; 58:22; 98:18; 99:5, 10; 104:7; 114:8; 120:16; 123:21; 146:9,10,18; 175:1; 178:19; 185:21,23; 231:21
Page 47
technically 202:4; 205:4, 12,19; 206:3
technicians 14:16
technology 33:17; 41:15; 96:23; 97:2, 4,18; 103:5; 119:6; 190:22; 203:3; 205:22; 253:8; 259:10; 263:1
Telephone 1SS.21
tells 39:1;
212:8
temperature 121:2; 278:14
temperatures 206:6,12; 276:22
ten 3:7.5; 8:16; 14:7; 57:8; 65:1, 13,14,15,17; 66:18; 75:22; 87:9; 89:19; 103:4; 113:1, 4,9,14; 132:20; 134:20; 235:10; 265:6
tenaciously 118:1
tend 290:15 teratogenic
238:20 term 41:10;
138:11 terminal 128:6 Terminals
286:21,23; 287:2 t: o ttti in.aH O'?
168:7 terminology
24:23; 124:17; 129:16; 218:17; 240:11,12,13; 278:10 terms 26:11; 36:17; 65:5; 91:5; 119:10;
HARTOLDMONO012503
PAPA6RGE.TXT
178:9; 196:8, 13; 211:21; 233:20; 247:2; 277:9; 284:13 terphenyl 239:14; 240:2; 244:2 terphenyls 35:16; 107:2; 207:6,9 Terrific 219:19 tertiary 120:10,13,21 test 180:9; 295:7 testified 6:5; 8:5,10,15,17; 264:21 testify 46:16; 126:12; 264:14,18 testifying 22:22; 23:1; 205:18 testimony 19:16,17; 21:1; 23:4; 203:13; 204:2,5; 205:16; 214:5,15; 216:4; 265:4, li; 289:1; 300:5,11 testing 238:20 text 235:4,22; 249:23; 295:12 thawed 75:2 themselves 255:15 theorizing 119:5 theory 205:23; 278:5 thereabouts 64:22; 168:4; 196:23; 199:6 thereto 5:21 thing 121:20; 161:19; 188:22; 215:21 things 8:3; 18:6; 31:16; 32:5; 45:4;
169:5;
182:12;
226:8,18,20;
233:18;
249:17;
264:11
thinking 32:4;
168:15;
229:16; 290:9
third 82:11;
121:3;
165:17;
174:22;
192:1,3;
257:23;
261:22; 271:9
Thirteen 3:9;
95:15,22
thirty 3:17.5;
8:13; 20:7,
10; 132:1;
171:17,19;
197:19;
243:3;
283:18; 284:1
thirty-eight
3:21.5;
67:22; 222:2,
6
thirty-five
3:20; 105:1;
203:10;
214:4,17
Thirty-four
3:19.5;
203:11,18
thirty-nine
3:22; 204:9;
224:7,10
thirty-one
3:18; 84:1;
182:18;
183:3,6
thirty-seven
3:21; 76:10;
221:8,12
thirty-six
3:20.5; 67:3;
216:11,18
thirty-three
3:19; 59:9;
89:9,17;
192:22; 193:9
thirty-two
3:18.5;
102:7;
149:23;
184:23;
283:19
thirtyish
20:21
Thompson 158:3
thoroughly
58:16; 175:13
though 45:8
thoughts
167:14;
.
194:6,8;
263:3
thousand 37:4;
65:19; 66:5,
13,17,20;
67:23; 75:14;
76:10; 88:5;
101:1;
104:22;
105:2;
131:12;
132:1,12,14;
133:5,10;
134:20;
144:5; 203:1
thousands
42:16,19
three 3:4;
14:15; 25:9,
12; 27:17;
31:16; 32:17,
19,20; 46:14;
48:5,22;
55:19; 64:21;
65:1,15;
66:18; 67:17;
73:5; 74:11;
84:1,6;
114:19;
123:4;
141:12,13;
144:7;
152:11,19;
153:21;
164:16;
173:13;
234:13,15;
237:19;
253:19;
255:20;
289:6; 295:23
three-page 137:7; 248:15
three-step
120:19
throughout
95:9; 202:10
tie 72:12
timing 81:15
Page 48 '
tire 13 10 tired 237:20 tissue 31:10;
32:2 tissues 111:5 title 16:13,
14; 18 13; 29:19; 184:4; 190^23, 225:8 titled 59:1 titles 11:8; 16:18 Toby 90 8; 140:3 today 19:17; 21:2; 22:22; 23:5; 31:22; 46:16; 53:20; 77:1,4 116:12 123:11 135:4; 136:19 249:11 today's 77 : 5 together 54:10; 92:14; 146:2; 149:21, 153:20, 194:6; 225:1, 2; 234 7,8, 20,23; 235:1; 244:16, 245:3; 255:4, 14,15; 260:21 tolerate 122:17, 285:11 tolerated 115:6; 262:21 took 61 7; 72:17; 96:14, 17,18; 111:17 148:11 155:19 156:16 159:7; 160:20 207:4; 209:12 19; 210:7,15; 254:15,22 top 43:17; 77:15; 80:4; 96:21; 119:8; 148:18
HARTOLDMONO012504
PAPAGRGE.TXT
158:21; 214:21; 217:18,19; 247:2; 264:13; 283:15 topics 274:18 TORRES 2:6 total 34:5,12; 59:21; 62:6; 132:2,11,20; 149:11,21; 206:23; 281:13; 296:19 totally 58:15; 121:20 touch 169:4 tour 109:8 touring 109:12; 110:15 toward 10:2; 217:16; 218:1 towards 104:16; 179:23 toxic 185:10; 186:2 0; 191:12,20; 192:6; 238:17; 242:7; 276:12,13; 277:18,21; 278 : 7 toxicity 85:12,23; 192:13; 269:22 toxicological 180:7 toxicologist 76:17 traced 165:13 trainee 12:23 transcribed 300:8 transcript 21:9,15; 300:10 transcription 300:9 transcripts 21:22 transfer 185:20; 186:1; 189:15
transferred 97:1; 176:3
transplant 259:4
transported 118:7
trapped 117:17,22; 118:17
trapping 55:19 trash 15:13 traversed
287:15 treat 140:9 treated 80:10;
120:2; 207:13 treating
139:16; 287:7 treatment
67:20; 68:8; 120:9,10,14 trend 92:23 trial 5:20; 8:18; 204:4 trials 8:12,14 tributaries 294:5 trick 31:14 trickle 50:10 triggered 32:3 trouble 181:11 trough 287:13, 19 troughs 287:12 true 32:23; 33:18; 83:20; 181:16; 212:13,22; 236:16; 237:5; 277:20; 280:14; 281:5; 300:9 truth 300:4 truthful 46:11 try 10:22; 58:17; 68:7; 82:13,19; 130:19; 285:8 trying 8:19; 60:18; 72:10, 12; 73:2; 91:3; 108:19; 109:18; 114:2; 129:16; 133:9; 160:4, 15; 166:19;
199:19; 265:7 tubing 13:11 Tucker 69:15,
21; 70:22; 88:15; 267:4, 12,18; 269:21 Tucker's 69:23 Tulane 109:21; 143:9 tuned 130:12 turn 40:8; 59:4,17; 144:1; 198:14; 199:8; 201:5; 225:18; 288:2 turned 217:15; 270:13 tutorial 129:11; 130:7; 173:19,22 twelve 3:8.5; 14:15; 20:22; 90:1; 235:12 twenty 3:12.5; 65:19; 66:4; 117:4,11 twenty-eight 3:16.5; 105:3; 157:21,23 twenty-five 3:15; 55:17, 22; 147:20, 22; 148:2 Twenty-four 3:14.5; 145:14,17,21; 146:7 Twenty-nine 3:17; 162:16, 21 Twenty-one 3:13; 137:6, 15 twenty-s even 3:16; 34:14; 36:13; 44:10; 153:17; 154:19,21; 157:12 twenty-six 3:15.5; 102:6,14; 151:21; 152:4; 157:1, 13
Page 49
twenty-three 3:14; 65:10, 16; 66:13; 142:18,21
Twenty-two 3:13.5; 140:15-1R
twice 147:13, 16
two 3:3.5; 8:19; 11:18, 20; 16:18; 20:12; 23:23; 40:12,16,22; 41:20; 42:1, 8,17; 43:8,9; 60:23; 62:12; 64:23; 65:15; 66:17,18,19; 67:2; 69:18; 74:11; 84:7; 88:5; 93:2; 103:14; 113:7; 128:21; 131:20; 144:12; 146:2; 147:9, 10; 148:6; 149:14; 150:1,9; 151:22; 152:9; 154:1, 5; 156:23; 157:12; 169:1; 173:2; 191:14; 199:9; 203:1; 204:9; 207:17,19; 224:13; 234:6,10; 245:5; 260:7, 18; 263:21; 264:13; 270:14,15; 276:2; 280:3; 283:22,23; 293:8; 295:5
two-day 161:18 two-fold
247:14 two-page
112:1; 145:20; 154:22; 171:20; 183:7; 231:3;
HARTOLDMONO012505
PAPAGRGE.TXT
274:1; 282:2 type 7:22;
18:3; 51:22;
265:22; 276:9 undergo 267:7 undergoing
52:17; 76:1;
33:15
89:14;
underneath
106:20,21;
52:15; 55:15;
120:9;
112:7
123:19;
understand
124:7; 129:8;
10:14,16,17,
138:19;
18; 11:5;
179:3,19,22;
132:19;
180:6;
142:4; 188:7;
188:22;
196:7;
206:14;
199:20;
215:21;
255:16;
272:17; 287:9
258:12;
types 99:14;
291:15
116:3; 161:1, understanding
20; 162:6;
74:21; 145:5;
239:23;
273:8; 289:22
276:13;
understands
277:17;
297:2
285:10
understood
typewritten
11:3; 158:20;
C ** -i J J . -i- JL
170:16;
typical 39:11;
258:10;
180:14
272:1;
typically
276:16;
178:15
285:5; 289:3
undertaken
U 270:22;
283:16
U.S. 199:9;
undertaking
261:10;
245:11
271:11
underway 80:22
ug/g 153:5
underwent
Uh-uh 182:22
173:19
unacceptable ... . undesirable
114:2
252:5,11;
unclear 213:12
258:5; 259:9,
unconfirmed
12
175:12;
undue 275:6,12
226:10
unique 43:23;
uncovered
270:19; 271:5
223:7
unit 16:22;
under 9:7;
18:10,21;
30:18; 78:22;
25:7; 34:17;
82:1; 83:5;
57:4; 70:21,
107:22; 123:7; 153:1; 164:4; 165:6; 170:17;
23; 97:13,15, 16,21; 199:4; 204:22; 206:11,12;
171:5;
222:20,21;
235:22;
223:18;
0411.
249:16;
242:10;
287:21
250:20;
United 158:3;
262:3;
159:6;
172:23; 176:20 units 116:21; 202:10; 203:4 University 9:18,22; 10:1; 109:21; 143:9; 155:6, 14; 228:3 unless 65:8; 233:3; 240:17 unlikely 50:13 unrealistically 262:1,15 unspecified 299:7 until 12:8; 20:6,21; 33:10; 50:11; 196:23 unusable 276:3 unusual 239:9 up 15:11,13, 18; 18:5; 25:21; 38:21; 62:10; 67:2, 12; 68:7; 77:4; 81:22; 83:12; 99:6; 108:15; 110:8,19; 121:16; 127:16; 135:5; 138:17; 167:20; 173:23; 174:10; 175:2; 192:8; 194:2; 195:9, 23; 196:4; 198:19,23; 200:16; 222:9; 231:21; 235:14,16,23; 236:17; 258:15,23; 259:2; 278:17; 289:1; 299:3 upper 217:4; 219:1,6 upstream 89:20; 104:20 usage 242:10 useful 109:7; 110:4; 201:1
Page 5 0
using 230:11 utilities 15:3 UtSU 187:4,10,
13,23; 188:9, 17; 189:6,17; 190:1; 191:10
--
V
V-i-l-a-n-d 282:4
value 200:20 values 100:22 vapor 116:7;
185:9; 186:19 vapors 115:13;
182:14 various 74:14;
175:1; 285:15 vast 200:11,13 ventilation
207:20 venue 127:8 venued 8:22;
12"/: / venustus 75:19 versus 1:6.5;
9:2; 21:11; 203:15; 214:7 via 255:23; 257:8 vice 246:20; 247:5; 280:9 VIDEOGRAPHER 83:23; 84:5; 123:3 videography 6:10; 7:3 view 259:7 Viland 282:4; 283:13 violation 251:2,6 visible 105:19 visited 148:8; 274:12; 275:4 visiting 274:14 visits 161:18; 188:22 visual 38:9; 296:17 visualize 220:22
v^w
mw
119 : 9
visually 38:3,
23; 44:20
HARTOLDMONO012506
PAPAGRGE.TXT
vividly 132:5 volume 253:4 volumes 252:17
W
wade 289:19; 291:20; 292:17
waiting 134:12 waived 5:11,23 walked 210:10 Walnut 1:23 Walter 173:4 wanted 138:18;
170:14; 176:22; 177:4; 184:14; 236:17; 264:14 wants 85:12 warehouse 15:2; 59:10 warn 209:15, 22; 210:14 warned 233:7 warning 169:16; 181:21 warnings 180:16,21; 181:5,10; . 208:8 warranted 262:3 Washington 9:17,21; 289:2 waste 24:19, 22; 25:2,6; 26:10; 27:2, 8,10; 35:10; 38:23; 44:11; 112:22; 113:5,9; 117:16; 146:20; 201:23; 202:1,4; 204:14; 205:9,10,20; 215:10; 223:7,13; 233:22 wastes 283:9; 285:10 water 15:13;
37:13; 39:14, 21; 40:12,23; 42:2,3,6; 44:23; 45:12; 63:16,17;
64:9; 72:16; 73:23; 82:12; 84:17; 86:6; 105:11,23; 106:5,18; 107:14; 112:22; 113:5,9; 118:5,9; 121:22; 141:20; 150:6,13; 167:3,11; 169:9; 219:19; 220:4,6,9,10, 22; 221:21; 232:22; 252:17; 253:3; 262:22; 264:6; 283:3; 288:11,14; 290:1 waters 291:10 waterways 125:6; 143:16; 271:16; 272:6,11,16 way 12:5; 25:18; 46:13; 47:1; 110:15; 115:4; 118:19; 119:5; 136:15; 141:19; 168:15; 169:5; 174:10; 200:14,23; 204:5; 216:5; 235:5; 253:1; 263:11; 265:17; 266:10; 272:12; 280:6; 285:4; 290:9,18 ways 26:4; 50:1 wear 207:23
weed 165:8 week 20:1;
85:15; 92:21; 115:16; 170:23; 249:5; 282:17; 293:22 weeks 94:2; 233:10 weigh 75:2 weight 74:19, 23; 75:3,5, 16; 144:16 west 2:4; 124:18 Westinghouse 203:15; 283:7,8 wet 74:19,23; 75:16; 144:19 whales 228:6 whatever 6:12; 12:3; 14:20; 15:13; 29:7; 132:21; 138:18; 188:11; 215:8; 292:6 Wheeler 71:2; 88:16; 173:20,23; 174:7; 184:6; 193:13; 194:18,19; 195:20; 225:5; 269:22 Wheeler's 174:9 Whenever 202:17 whereas 290:11 WHEREOF 300:17 Wherever 222:8 whether 27:13; 30:21; 32:14; 35:9; 37:19, 20; 79:17; 92:15; 195:12; 204:3; 206:17; 215:18; 241:5,20; 255:12,13,14; 257:13; 267:16; 292:15,17
Page 51
White 1:18; 2:9.5; 250:3, 6,18; 251:4; 252:1; 253:14; 257:8,11; 258:2,6,11
whole 10:8; 65:18; 66:8; 76:19; 172:19;
0.13 - ?3 ;
300:10 whom 104:9;
123:23 widespread
120:1 wild 226:15,
21; 227:9,11, 21 will 11:22; 12:2,4; 22:18,19; 24:21; 26:19; 28:13; 39:9; 46:22; 47:7; 54:2; 57:18, 19; 69:19; 77:23; 78:6; 80:4; 82:13; 85:13; 88:21; 103:16; 108:5; 114:5; 117:3; 118:4, 7,10; 123:6; 125:6; 142:17; 150:5; 151:23; 154:7; 162:14; 170:7; 176:3. 19; 200:6; 204:3; 214:22; 217:10,11; 218:16; 219:6,18; 223:19; 231:1; 240:18; 242:19; 247:22; 248:11; 252:19; 253:14,18; 255:10,22; 278:2; 284:7,
HARTOLDMON0012507