Document 0gE6kdEmp7YQDeoGE42LO7ROR

314 1 In Re: 2 Solutia, et al. , 3 4 Vs...........................Case No. CV-03-PWG-134-E. 5 6 McWane, et al., 7 9 10 11 12 September 30, 2004 13 14 Videotaped Deposition of ROBERT GEORGE KALEY II, 15 Volume II 16 17 18 19 20 21 22 23 24 Kaley, Robert Ph.D. MCWANE WATER PCB-SD0000045042 315 1 In the United States District Court 2 For the Northern District of Alabama 3 Magistrate Judge Green 4 5 Solutia, et al., 6 .............................. Plaintiffs 7 8 Vs..............................Case No. CV-03-PWG-134-E. 9 10 McWane, et al., 11 .............................. Defendants. 12 13 14 15 16 17 Videotaped Deposition of ROBERT GEORGE KALEY II, taken 18 on behalf of the Defendants, at the offices of Husch & 19 Eppenberger, LLC, 190 Carondelet Plaza, Suite 600, in 20 the County of St. Louis, State of Missouri, between 21 the hours of 9:15 A.M. and 2:27 P.M. on the 30th day 22 of September, 2004, before J. Bryan Jordan, Certified 23 Court Reporter No. 532 and Notary Public, State of 24 Missouri. Kaley, Robert Ph.D. MCWANE WATER PCB-SD0000045043 316 1 APPEARANCES OF COUNSEL: 2 FOR THE PLAINTIFF: 3 Joseph G. Nassif, Esq. 4 HUSCH & EPPENBERGER, LLC 5 190 Carondelet Plaza, Suite 600 6 St. Louis, MO 63105-3441 7 Telephone: 314-480-1500 8 Direct (314) 480-1818 9 Fax 314-480-1505 10 j oseph.nassif@husch.com 11 12 FOR MEAD WESTVACO: 13 Wendlene M. Lavey, Esq. 14 SQUIRE, SANDERS & DEMPSEY, L.L. 15 4900 Key Tower 16 127 Public Square 17 Cleveland, OH 44114-1304 18 Direct (216) 479-8545 19 Fax: (216) 479-8780 20 wlavey@ssd.com Kaley, Robert Ph.D. MCWANE WATER PCB-SD0000045044 317 1 FOR SCIENTIFIC-ATLANTA, INC.: 2 Lynette Eaddy Smith, Esq. 3 TROUTMAN SANDERS LLP 4 NationsBank Plaza, Suite 5200 5 600 Peachtree Street, Northeast 6 Atlanta, GA 30308-2216 7 (885-3489 8 Fax (404) 962-6688 9 lynette.smith@troutmansanders.com 10 11 FOR PHELPS DODGE: 12 Lynne Stephens O'Neal, Esq. 13 LEHMAN, SIEGAL & PAYNE, P.C. 14 600 North 20th Street 15 Suite 400 16 Birmingham, AL 85203 17 (205-251-5900 18 Direct (202) 986-5023 19 Fax (205) 323-2197 20 sls@lsppc.com Kaley, Robert Ph.D. MCWANE WATER PCB-SD0000045045 318 1 FOR HURON VALLEY STEEL: 2 Stephanie Rutledge, Esq. 3 BUTZEL LONG 4 100 Bloomfield Parkway, Suite 200 5 Bloomfield Hills, MI 48304-2949 6 (248) 258-1616 7 Fax (248) 258-1439 8 rutledge@butzel.com 9 10 FOR SOUTHERN TOOL: 11 Allison McAdam, Esq. 12 RESOLUTION LAW GROUP, P.C. 13 5335 Wisconsin avenue, N.W, Suite 305 14 Washington, DC 20015 15 (202) 686-4844 16 Fax 9202) 686-4843 17 shm@reslawgrp.com 18 19 20 Kaley, Robert Ph.D. MCWANE WATER PCB-SD0000045046 319 1 FOR McWANE, FMC, AND UNITED DEFENSE: 2 Jarred O. Taylor, II, Esq. 3 MAYNARD, COOPER & GALE, P.C. 4 1901 Sixth Avenue North 5 Suite 2400 AmSouth/Harbert Plaza 6 Birmingham, AL 35203-2618 7 (205) 254-1061 8 Fax 9205) 254-1999 9 j taylor@mcglaw.com 10 11 FOR WALTER INDUSTRIES AND U.S. PIPE AND FOUNDRY 12 COMPANY: 13 James A. Langlais, Esq. 14 ALSTON & BIRD LLP 15 One Atlantic Center, 1201 West Peachtree Street 16 Atlanta, Georgia 30309-3424 17 (Fulton Co.) 18 Telephone: 404-881-7000 19 Telecopier: 404-881-7777 20 jlanglais@alston.com Kaley, Robert Ph.D. MCWANE WATER PCB-SD0000045047 320 FOR DATRON AND ANCHOR METALS: Michael McMahon, Esq. McMAHON, DeGULIS, HOFFMANN & LOMBARDI, LLP The Caxton Building - Suite 650, 812 Huron Road Cleveland, OH 44115-1126 (Cuyahoga Co.) Telephone: 216-621-1312 Telecopier: 216-621-0577 mcmahon@mdhl.net INDEX Examination by Mr. Langlais ......................................... 322 Examination by Ms. O'Neal ................................................ 458 Examination by Ms. Lavey ................................................... 480 Examination by Mr. Taylor ................................................ 4 94 Further Examination by Ms. Lavey ........................... 505 EXHIBITS Defendant's ExhibitKaley1 ............................................. 326 Defendant's ExhibitKaley5 ............................................. 330 Defendant's ExhibitKaley6 ............................................. 336 Defendant's ExhibitKaley7 ............................................. 345 Defendant's ExhibitKaley8 ............................................. 348 Defendant's ExhibitKaley9 ............................................. 352 Kaley, Robert Ph.D. MCWANE WATER PCB-SD0000045048 321 1 ROBERT KALEY II, 2 of lawful age, having been previously duly sworn to 3 testify the truth, the whole truth, and nothing but 4 the truth in the case aforesaid, deposes and says in 5 reply to oral interrogatories propounded as follows, 6 to-wit: 7 VOLUME II -- SEPTEMBER 30, 2004 8 THE VIDEOGRAPHER: We're on the record at 9 9:15 A.M. Today's date is September 30th, 2004. We 10 are at the offices of Husch Eppenberger. The address 11 is 190 Carondelet Plaza, Clayton, Missouri. My name 12 is Curt Shaw, legal videographer, along with Jerry 13 Jordan, Certified Court Reporter, here today to 14 continue to deposition of Robert Kaley II, to be taken 15 in the case of Solutia et al. vs. McWane, et al. 16 pending in the Northern District of Alabama, Cause 17 Number CV-03-DWG-1345-E. At this time, would counsel 18 please reidentify themselves for the record? 19 MR. LANGLAIS: This is Jim Langlais, 20 representing Defendant Walter Industries, Inc., and 21 United States Pipe & Foundry, Inc. 22 MS. O'NEAL: Lynne O'Neal, representing 23 Phelps Dodge. 24 MS. LAVEY: Wendy Lavey, of Squire, Sanders 25 & Dempsey, representing Mead Westvaco Corporation. Kaley, Robert Ph.D. MCWANE WATER PCB-SD0000045049 322 1 MR. NASSIF: Joseph Nassif, Husch 2 Eppenberger, representing Solutia/Pharmacia. 3 MR. LANGLAIS: Those on the phone? 4 MR. TAYLOR: Jarred Taylor, of Maynard, 5 Cooper & Gale, representing McWane FMC and United 6 Defense. 7 MS. SMITH: Lynette Smith at Troutman 8 Sanders, representing Scientific-Atlanta, Inc. 9 MS. RUTLEDGE: Stephanie Rutledge, at Butzel 10 Long, representing Huron Valley Steel. 11 MR. McMAHON: Mike McMahon, for McMahon 12 DeGulis, for Datron. 13 MS. McADAM: Allison McAdam, from Resolution 14 Law Group, for Southern Tool. 15 MR. LANGLAIS: Is that it? Can you all put 16 your phones on mute? Thanks. 17 ROBERT KALEY II, 18 of lawful age, having been first previously sworn to 19 testify the truth, the whole truth, and nothing but 20 the truth in the case aforesaid, deposes and says in 21 reply to oral interrogatories propounded as follows, 22 to-wit: 23 EXAMINATION (Continued) 24 QUESTIONS BY MR. LANGLAIS: 25 Q. Good morning. Kaley, Robert Ph.D. MCWANE WATER PCB-SD0000045050 323 1 A. Good morning. 2 Q. I'm going to ask you about a few names, if 3 you could tell me if you know these individuals. Do 4 you know a person by the name of Jim Bryant, who was 5 apparently a research chemist in Anniston? 6 A. Yes. 7 Q. Do you know how long Mr. Bryant was, was 8 with Monsanto? 9 A. He left, I would say approximately--well, 10 sometime in the mid 1970's. 11 Q. Okay. 12 A. I don't know when he joined the company. 13 Q. Have you ever spoken with Mr. Bryant? 14 A. Yes. 15 Q. When was the last time you spoke with 16 Mr. Bryant? 17 A. Probably three or four years ago. 18 Q. And do you recall, was that in connection 19 with one of the lawsuits? 20 A. No. 21 Q. What was the purpose of the discussion? 22 A. He had been contacted by some reporters 23 about a story in the Anniston Star about mercury. 24 Q. Do you recall anything else about your 25 discussions with him? Kaley, Robert Ph.D. MCWANE WATER PCB-SD0000045051 324 1 A. No. That was, that was the substance of the 2 discussion. 3 Q. Did you discuss with him at all the 4 processes or process involving mercury at the Anniston 5 plant? 6 A. No. 7 Q. Do you know if he did, in fact--if he was. 8 in fact , interviewed by the Anniston Star with respect 9 to the mercury? 10 A. I believe he was, yes. 11 Q. Do you know the substance of this interview? 12 A. I --no. 13 Q. Do you know a Don Huckaby? 14 A. No. 15 Q. How about Joe Heflin? 16 A. No. 17 MR. LANGLAIS: Yesterday, we, we had talked 18 about some of the other consulting work that the 19 witness did, Joe,-20 MR. NASSIF: Mm-hmm. 21 MR. LANGLAIS: --and have you all, have you 22 all come to any determination with respect to the 23 nature of that work and whether it's going to be 24 discussed here today? 25 MR. NASSIF: Bob went back and took a look Kaley, Robert Ph.D. MCWANE WATER PCB-SD0000045052 325 1 at the agreements. I don't have copies of the 2 consulting agreements he has, and he can identify the 3 client that he's working for through those agreements 4 and some comment about the nature of the work, but he 5 can't go into his specific assignment. He's working 6 with law firms,-7 MR. LANGLAIS: Okay. 8 MR. NASSIF: --so I don't know if that means 9 much to you, Jim, or not. 10 MR. LANGLAIS: Okay. 11 BY MR. LANGLAIS: 12 Q. With respect to the other consulting work, 13 and by "other," I mean consulting work for someone 14 other than Monsanto or the law firms that represent 15 Monsanto--can you tell me who you are doing consulting 16 work for? 17 A. Yes, I've -- I'm doing some consulting work 18 for Spriggs & Hollingsworth in Washington, D.C., and 19 I'm a subcontractor to --on another site--or another 20 company to a consulting firm called Integral 21 Consulting in the State of Washington. 22 Q. Generally, what kind of consulting are you 23 doing? 24 A. Providing technical support to the attorneys 25 on the litigation. Kaley, Robert Ph.D. MCWANE WATER PCB-SD0000045053 326 1 Q. Is that PCB-related litigation? 2 A. Yes, it is. 3 Q. Can you discuss your--how you are being paid 4 by those, by those law firms? 5 A. I'm being paid an hourly rate. 6 Q. What's your hourly rate? 7 A. For Spriggs & Hollingsworth, it's $175 an 8 hour. For the other, it's $200 an hour. 9 Q. When did you start doing consulting work for 10 Spriggs & Hollingsworth? 11 A. Approximately a year ago. 12 Q. How about Integral Consulting? 13 A. Probably two or three months ago. 14 Q. How many hours do you estimate you've done 15 for Spriggs & Hollingsworth? 16 A. I, I don't know. 17 Q. Is it more than a hundred? 18 A. More than a hundred: Certainly not. 19 Q. How about integral? 20 A. Very, very, very minimal there. Trivial. 21 Q. Any other consulting work that you've done? 22 A. No. 23 Q. I'm going to hand you what was marked 24 yesterday as Kaley Exhibit 1, and that's the--your 25 letter to ADEM dated October 12th, 2000. Would you Kaley, Robert Ph.D. MCWANE WATER PCB-SD0000045054 327 1 look at the second page, the first complete paragraph? 2 In there, in the last sentence, you state that "We 3 have been told by former employees." Do you see that 4 sentence starting that? 5 A. Yes. 6 Q. "We've been told by former employees that 7 the lead in the pots was recovered and sold after the 8 units were shut down." Can you tell me which former 9 employees you are referring to in that sentence? 10 A. I'm relying to conversations Jerry Brown had 11 with other employees. I don't know the names. 12 Q. We would have to talk to Jerry to get those 13 names ? 14 A. Yes. 15 Q. Do you know if he mentioned those names to 16 you and you just forgot them or-- 17 A. I don't recall ever having heard them. 18 Q. Do you know if the still bottoms generated 19 during the lead pot process were tested for lead 20 levels at any time? 21 A. I haven't--I don't have any information 22 about that. 23 Q. If you would look now at that same exhibit 24 down to paragraph 3, where it discusses the lead 25 levels detected at the Anniston facility, in Kaley, Robert Ph.D. MCWANE WATER PCB-SD0000045055 328 1 particular--and I'm just going to kind of sum this--it 2 says lead levels rarely exceeded a hundred mgs. per 3 kilogram, and in one case, it was the highest value 4 was 250 mgs. per kilogram. Do you see that? 5 A. Yes. 6 Q. Now, was this the first time that soils at 7 the Anniston Plant had been tested for lead? 8 A. I don't know. 9 Q. Now, how is it that you can make the 10 conclusion you reach in the last sentence of that 11 paragraph that says, "These on site analytical results 12 provide confirmation that the former use of lead in 13 the polyphenyl process over 30 years ago has not 14 contributed to environmental lead levels at the 15 Anniston facility"? 16 A. Because it was my conclusion based on the 17 review of those analytical data that there wasn't any 18 evidence of lead contamination at the site in any 19 widespread manner. 20 Q. Analytical data that was collected 30 years 21 after the process had ended? 22 A. That's correct. 23 Q. And of course, you haven't come across any 24 analytical data that occurred either during the lead 25 pot process or shortly thereafter; is that correct? Kaley, Robert Ph.D. MCWANE WATER PCB-SD0000045056 329 1 A. I've not seen any of that, no. 2 Q. Isn't it possible that lead in the soils was 3 washed offsite by storm waters during the 30-plus 4 years that followed the end of the lead pot process? 5 A. I don't know the answer to that. 6 Q. But would you agree with me that that is 7 definitely a possibility? 8 A. Well, if it was, it would be where the PCBs 9 are, and those sediments have been tested and there's 10 not lead in the sediments where the PCBs are present, 11 so I think it's a very unlikely possibility. 12 Q. How mobile is lead in water? 13 A. I don't really know the answer to that. It 14 depends on the form of the lead. 15 Q. You can't say either way, then. 16 A. Well, I said what I said. I mean, that's my 17 understanding and my belief about the situation. 18 Q. Do you know when the Monsanto facility first 19 started testing outfall samples for, for lead? 20 A. No, I don't. 21 Q. When is the earliest that you know that the 22 Monsanto facility tested outfalls for lead? 23 A. That I know for sure would be the data 24 reported here. 25 Q. And that would be in 1999? Kaley, Robert Ph.D. MCWANE WATER PCB-SD0000045057 330 1 A. Uh, the data were probably collected before, 2 shortly before 1999. That's when the report was 3 issued. 4 Q. That would be 35 years after the lead pot 5 process had discontinued. 6 A. Yes, that's correct. 7 (Defendant's Exhibit 8 Kaley 5 marked for 9 identification.) 10 BY MR. LANGLAIS: 11 Q. I'm going to hand you what's been marked 12 Defendant's Exhibit 5, Kaley Exhibit 5. Would you 13 take a look at that? 14 MR. TAYLOR: Does it have a Bates range on 15 it, Jim? 16 MR. LANGLAIS: Yeah, it's beginning Bates 17 DSW 462477, and the ending Bates number is DSW 462620. 18 MR. TAYLOR: Thank you. 19 MR. LANGLAIS: And it's also, it was also 20 Exhibit 10 to the Papageorge deposition. 21 BY MR. LANGLAIS: 22 Q. Have you had an opportunity to review that-23 A. I've seen it. 24 Q. Well, have you seen this before? 25 A. I don't recall having seen this particular Kaley, Robert Ph.D. MCWANE WATER PCB-SD0000045058 331 1 document, no. 2 Q. And this, would you agree with me that this 3 appears to be a standard operating procedure or SMP in 4 connection with the production of biphenyls? And this 5 is dated 1948. 6 A. Well, it's not an SMP; it's a, a report on 7 the process. I don't, frankly, know the particular 8 difference between what an SMP is -- 9 Q. Sure. 10 A. --and I haven't reviewed this, so I don't 11 know exactly what it, what it -- 12 Q. If you would turn-- 13 A. --purports to be. 14 Q. Why don't you turn to page 1 --it says 15 Description of Process "--and look under 16 Introduction." 17 A. Okay. 18 Q. Would you agree--read through that paragraph 19 and tell me if you would agree that this is, this 20 document purports to describe what is known as the 21 lead pot process and the production of biphenyls or 22 diphenyls. 23 A. Yes, it describes that process, but that--I 24 mean, there is a standard manufacturing procedure, 25 standard operating procedure, a specific document with Kaley, Robert Ph.D. MCWANE WATER PCB-SD0000045059 332 1 that title, but this document does describe the 2 process in general terms. 3 Q. As part of your task to respond to the 4 request for information concerning lead, would this 5 have been a document that you would have looked at? 6 A. I did not. 7 Q. Why wouldn't you have looked at a document 8 that appears to describe the lead pot process? 9 A. It was not one that I had available to me 10 for whatever reason. I don't know what reason. 11 Q. It's your testimony is that--is this--who 12 gave you, who gave you the, the SMP to review? 13 A. Attorneys. 14 Q. So is it your testimony that the attorneys 15 didn't provide you with a copy of this particular 16 document? 17 A. Well, I don't recall having seen this 18 document, no. 19 Q. Would turn to page 5? It's marked DSW 20 462484. 21 A. Okay. 22 Q. Why don't you go ahead and read to yourself 23 the first paragraph, including the analytical results, 24 and you tell me when you are finished. 25 A. Okay. Kaley, Robert Ph.D. MCWANE WATER PCB-SD0000045060 333 1 (Witness peruses document.) 2 A. Okay, I'm finished. 3 Q. Yesterday, I asked you if you had any 4 knowledge about carbon formation as part of the lead 5 pot process to manufacture biphenyls. Does this 6 paragraph refresh your memory with respect to the 7 formation of carbon? 8 A. No, it doesn't refresh my memory because I 9 had no recollection of it. 10 Q. Sure. Does--would you agree with me that 11 this paragraph seems to indicate that there was a--I 12 don't necessarily want to call it a problem, but there 13 was a--during the lead pot process that carbon would 14 be formed in the diphenyl units? It says here, "After 15 the converter units through the lead trap in the pipe 16 after the lead trap and in the fractionating column"? 17 A. Yes. 18 Q. Okay? 19 A. It says that. 20 Q. And that the analytical results of that 21 carbon material shows that lead comprised fifty--56.5 22 percent of that carbon formation? 23 A. Yes, it says that. 24 Q. And that it also says that, that the lead 25 trap and fractionating column were cleaned out? Does Kaley, Robert Ph.D. MCWANE WATER PCB-SD0000045061 334 1 it say--do you see that, as well? 2 A. Yes. 3 Q. So this is, this is yet another waste stream 4 from the lead pot process that contained lead. Would 5 you agree with that, after seeing this document? 6 A. I wouldn't call it a waste stream. It's 7 obviously deposits that have been removed and would 8 have to be disposed of. I'm not sure I would call it 9 a waste stream. 10 Q. Well, if it's, if it's a material that's 11 produced as part of a manufacturing process that's 12 disposed of, if you don't call it a waste stream, what 13 would you call it? 14 A. Well, I would call it deposits or byproducts 15 that have to be disposed of. I think of a stream as a 16 flowing part of the process. I would think of the 17 stream as the biphenyl being carried through the 18 process. I don't think this is a stream. 19 Q. Okay. 20 A. I'm just quibbling over the word-- 21 Q. Right,-22 A. --"stream." 23 Q. --but would--you would agree if it's 24 something you dispose of, it's called a waste, right? 25 A. Yes. Kaley, Robert Ph.D. MCWANE WATER PCB-SD0000045062 335 1 Q. Do you know how much of this material was 2 generated as part of the lead pot process? 3 A. I do not. 4 Q. Do you know where the, where the carbon 5 formation that contained this 55--56.5 percent lead 6 was disposed of? 7 A. I, without reading the rest of this document 8 to see whether it addresses that, I don't know. 9 Q. Sure, because this wasn't a document you 10 were presented with when you had to respond to the 11 request for information on lead; correct? 12 A. That's correct. 13 Q. Would you have liked to have had this 14 document in making your response? 15 A. I don't know. I'd have to read the document 16 and see if it provides additional information that 17 would have been relevant to my response to the ADEM. 18 Q. Well, with respect--if you would have had 19 this information about carbon formation, do you think 20 that's something that you would have included in your 21 response to the request for information? 22 A. I may or may not have. I would have to look 23 at it in the context of the other information and the 24 document. 25 Q. Because certainly, the request for Kaley, Robert Ph.D. MCWANE WATER PCB-SD0000045063 336 1 information was asking for waste materials that 2 contained lead; correct? 3 A. I don't recall. 4 Q. Just bear with me. I may have a few more 5 questions on this. I may have to come back to this. 6 (Pause.) 7 Q. I won't search for what I'm looking for 8 right now, but I may come back to this exhibit, so you 9 might want to keep it handy. 10 (Defendant's Exhibit 11 Kaley 6 marked for 12 identification.) 13 Q. (Continuing) I'm going to hand you what's 14 been marked Defendant's Exhibit 6, or Kaley 6. Take a 15 moment to look at that document. I understand that 16 you don't have time to read the entire document, but 17 take as much time as you need. This is Bates labeled 18 DSW 462055 through DSW 462197, and it also was 19 Defendant's Exhibit 11 in the Papageorge deposition. 20 (Witness peruses said 21 document.) 22 A. Okay. 23 BY MR. LANGLAIS: 24 Q. Okay, have you seen this document before? 25 A. I believe I have, yes. Kaley, Robert Ph.D. MCWANE WATER PCB-SD0000045064 337 Q. You believe that this is a document that you reviewed in connection with your filing a response to request for information on lead? A. I can't recall specifically. It may have been. Q. And again, would you have received this document from the attorneys? A. Yes . Q. Okay, if you would look for me on page 22, it's Bates labeled DSW 462077-A. Okay. Q. Read the second paragraph to yourself and let me know when you are finished (Witness peruses said document.) A. All right. Q. Okay. Now, does that--would you agree with me that that second paragraph describes pot failures by something called washing erosion of the wells and the pot bottoms? A. Well, it doesn't--it mentions pot--it says that another document describes the pot failures, but it does mention pot failures, yes. Q. Sure, and that other document is referred to as the Anniston Interim Report 2211? Kaley, Robert Ph.D. MCWANE WATER PCB-SD0000045065 338 1 A. Correct. 2 Q. Is that correct? 3 A. Yes. 4 Q. And, and based on your testimony, the, the 5 Anniston facility was the only facility using the lead 6 pot process? 7 A. That's the only one I know of specifically. 8 Q. Sure, so would you also agree with me that, 9 that if they are describing pot failures, that they 10 have to be referring to pot failures at the Anniston 11 facility? 12 A. Yeah. I mean, it's obviously an Anniston 13 report. I'm sure that's correct. 14 Q. Okay, wouldn't, wouldn't--would it surprise 15 you that there were pot failures as part of that, that 16 lead pot process? 17 A. Not particularly. 18 Q. Were you aware that there had been pot 19 failures as part of that process? 20 A. I don't know that I was specifically aware 21 of that, but it's not particularly surpriseng. 22 Q. Would that have been something that you 23 would have, you would have included in your response 24 to the request for information? 25 A. Probably not. Kaley, Robert Ph.D. MCWANE WATER PCB-SD0000045066 1 Q. Why is that? 339 2 A. Well, they were describing, they wanted a 3 description of the process, and that's what I provided 4 them. 5 Q. Sure. How--but wouldn't that be important, 6 since, since you took the time to describe this closed 7 process, wouldn't it be important to inform ADEM and 8 EPA that, that there had, in fact, been failures of 9 that pot process? 10 A. It was not a point I chose to put in--I 11 don't recall specifically having seen this paragraph, 12 and if I had, it was a point I chose not to put in the 13 letter. 14 Q. Having seen it today, would it, now thinking 15 back, would it be something that you, you would have 16 included in that response? 17 A. Again, I would have to look at this, the 18 whole document and put it in the context of other 19 information to see whether it was something that 20 should have been included. 21 Q. Sure, and if, and if reading through the 22 rest of this document, there's nothing to, nothing to 23 change the fact that there appears to have been pot 24 failures as part of the lead pot process, would, would 25 you agree that that's something that should have been Kaley, Robert Ph.D. MCWANE WATER PCB-SD0000045067 340 1 in the response to the full--the information request? 2 A. I don't know. It would have to be looked at 3 in the full context of the information. I don't know 4 whether it could have or should have been. 5 Q. Now, does having seen that paragraph, does 6 that in any way affect your confidence level in the 7 closed system that you described for the lead pot 8 process ? 9 A. No, it doesn't. I mean, the system, when 10 operating, was closed, and I think again, you go back 11 to the environmental levels around the plant and in 12 the discharges, and there is not elevated levels of 13 lead there, so obviously, if it occurred, did not lead 14 to environmental discharges of that lead. 15 Q. Well, I don't know-16 A. I mean, the lead would solidify as soon as 17 it--if it did leak out of these pots, it would 18 solidify and be captured. 19 Q. And you are saying that the analytical 20 results that, that were taken some 35 years after the 21 process ended somehow confirms that there were no 22 releases from the lead pot process at that facility? 23 A. There were certainly no releases that were 24 having impacts on the analytical--or in the 25 environmental --excuse me, in the Anniston community Kaley, Robert Ph.D. MCWANE WATER PCB-SD0000045068 341 at the time those data were taken, correct. Q Right, 35 years after the process ended. A It was 35 years after the process was ended. Q And you can't, you can't cite to any, any analytical data anytime close to when the process ended, can you? A I'm not aware of any. Q Because that would be a better indicator, wouldn t you agree, of whether or not there had been releases from the lead pot process? A I wouldn't necessarily agree with that. Q Why wouldn't you agree with that? A Well, because lead is as persistent as many other things. It's a metal. It's been around in the environment for millions of years, and it's still detected in the environment, and your argument really would lead to the conclusion we should not see any lead in the environment anywhere, and you clearly do. Q That, that's not my argument. What I'm saying is that wouldn't you, wouldn't you, wouldn't you think that testing close to the time that the process actually ended would be a better indicator than testing 35 years after the process had ended. A. It would depend on a number of things. If the lead were persistent and there were no mechanisms Kaley, Robert Ph.D. MCWANE WATER PCB-SD0000045069 342 1 moving it, you would have to look at the whole context 2 of what the discharge rate was, what the form of that 3 lead was, and, and what the environmental forces 4 working on it were. 5 Q. Is it, is it your testimony that, that 6 the--any lead as part of the lead pot process would 7 have just stayed in the soils and not been moved by 8 things like, like wind as part of particulate matter 9 or by storm water that runs across the facility? 10 A. I don't know. I would have to think about 11 that, but again, my point, really, about this 12 paragraph is that if the lead were leaking, it would 13 solidify as soon as it hit those soils and would be 14 recovered. 15 Q. But you don't have any particular 16 information, that's just speculation on your part, 17 right? 18 A. It's an assumption that that would be the, 19 the proper way to deal with that situation, yes. 20 Q. Did you discuss these lead pot, lead pot 21 failures with Jerry Brown? 22 A. I don't believe so, no. 23 Q. Did Jerry--okay. If you would, flip the 24 page to page 23 and go ahead and read that paragraph 25 to yourself and let me know when you are finished. Kaley, Robert Ph.D. MCWANE WATER PCB-SD0000045070 343 1 This is Bates label DSW 462078. 2 A. Okay. 3 Q. Okay, it says, here, that "Lead is known to 4 escape sometimes through the cover joints on the pots 5 at Anniston. It may form lead oxide the pot and the 6 lead oxide may attack the outer surface of the pot," 7 so this appears to indicate lead escaping from your, 8 what you described as a closed process; is that 9 correct? 10 A. Yes, I would, I would agree with that. 11 Q. Okay, is this something that you should 12 have, you should have noted in your response to 13 request for information on lead? 14 A. I may have. I don't know about that. I 15 would have to think again look and see what it looked 16 like in the whole context of the information, and I 17 don't remember what the specific request was. 18 Q. Okay, and what in what context would 19 you--let's, let's think about this. In what context 20 would this not be important? 21 A. Well, the context of the whole inquiry was 22 was there a reason to believe that the lead pot 23 process at Anniston contributed to lead levels in the 24 Anniston community, and I don't think that this 25 necessarily changes that, the conclusions that were Kaley, Robert Ph.D. MCWANE WATER PCB-SD0000045071 344 1 drawn in that letter. 2 Q. So you don't think that lead escaping 3 through the joints of the pots is responsive to that 4 information request? 5 A. Not if it was not leaving the plant site, 6 no. 7 Q. Well, you don't know if that lead that was 8 escaping left the plant site, right? Because you 9 weren't there. 10 A. I don't have personal knowledge, or 11 see --correct, I didn't see whether it was escaping or 12 not, but it was forming lead oxide, and it was 13 obviously, based on this letter, also in the furnaces 14 at some point, and that would give me more confidence 15 that the lead that was escaping was being caught on 16 site. 17 Q. You don't know that for sure, though. 18 Again, you are speculating. 19 A. Well, I'm basing it on my judgment of, of 20 reading this and-- 21 Q. Sure. 22 A. --knowledge of the physical properties of 23 lead, yes. 24 Q. But not on personal knowledge. 25 A. I was not there. That's correct. Kaley, Robert Ph.D. MCWANE WATER PCB-SD0000045072 345 1 Q. Okay, you can put this exhibit aside. 2 What's the most recent affidavit you recall 3 signing? 4 A. I don't recall. I'm sorry, I don't. I 5 don't know. With regard to the Anniston situation? 6 Q. Yeah. 7 A. Oh, it's been many years ago. Five years 8 ago, probably, maybe more. 9 Q. I just want to make sure I'm handing you a 10 clean copy of this affidavit. 11 (Defendant's Exhibit. 12 Kaley 7 marked for 13 identification.) 14 MS. LAVEY: Do you want to take a minute 15 break? Because we don't have an extra copy. 16 MR. LANGLAIS: Could we take a break and 17 could I get some copies of this exhibit? 18 THE VIDEOGRAPHER: We're off the record at 19 9:45 A.M. 20 (Recess.) 21 THE VIDEOGRAPHER: We're back on the record 22 at 9:52 A.M. 23 BY MR. LANGLAIS: 24 Q. Mr. Kaley, before I ask you about Kaley 25 Exhibit 7, I want to ask you which law firm gave you Kaley, Robert Ph.D. MCWANE WATER PCB-SD0000045073 346 1 the documents in connection with your preparing a 2 response to the information request concerning lead. 3 A. The Smith Moorefirm. 4 Q. I'm sorry? 5 A. Smith Moore. 6 Q. And where is that firm located? 7 A. Greensboro North Carolina. 8 Q. Now, did you do any independent search of 9 documents within Monsanto for documents relating to 10 the lead pot process? 11 A. No. 12 Q. You relied entirely upon the law firm to 13 give you the documents that were needed? 14 A. Well, I asked them for the SMPs for that 15 process, and that's what was supplied. 16 Q. And those are the--did you ask them for, for 17 any documents that discussed the lead pot process or 18 just the SMPs? 19 A. I don't recall. 20 Q. Okay, if you would turn to page 5, I want to 21 make sure I'm--look at paragraph 7, dealing--this all 22 deals with the west end landfill, and I'm going to ask 23 you some questions. I don't necessarily think you 24 need to look at the response yet, but my questions 25 relate to fencing around the west end landfill. I'm Kaley, Robert Ph.D. MCWANE WATER PCB-SD0000045074 347 1 not sure, I'm unclear on your testimony yesterday. 2 Did you testify yesterday that there was a fence 3 around the west end landfill during the time that 4 Alabama Power Company owned the west end landfill 5 property? 6 A. I'm sure there was at some points in those 7 time frame, yes. 8 Q. And, and why is that? Do you have personal 9 knowledge? 10 A. I believe I recall seeing it in the 1980's, 11 yes . 12 Q. But I'm talking about during the, during the 13 time--well, when, when do you think, um, when in the 14 1980's do you think you saw a fence around that 15 property? 16 A. I was there in 1984-1985. That's when I 17 would have seen it. 18 Q. Okay, is that a fence that, that Alabama 19 Power Company would have put up, or is that a fence 20 that Monsanto would have put up? 21 A. I have no idea. 22 Q. Isn't it true that Alabama Power Company, 23 when they dug into the west end landfill, that they 24 came across what was described as seeping tars? 25 A. I don't know if that's a description. It Kaley, Robert Ph.D. MCWANE WATER PCB-SD0000045075 348 1 was a tarlike material is my understanding. 2 Q. Sure. It was more than, it was more, you 3 would agree, than Mon--than Alabama Power Company just 4 detecting, detecting PCBs in the west end landfill; 5 they actually came across undrummed materials. 6 A. That's my understanding, yes. 7 Q. And is there any reason to believe that that 8 ooze or that seeping tar was a result of them 9 breaching any of the drums? 10 A. I have no idea. 11 Q. Right, and so you can't--and so it's 12 possible that that material was just placed into the 13 landfill undrummed? 14 A. I don't know. 15 Q. Are you familiar with the Montar pit? 16 A. Yes. 17 Q. Where is the Montar pit located on the 18 facility? Do you know? 19 A. I believe I knew roughly where it was. 20 (Defendant's Exhibit. 21 Kaley 8 marked for 22 identification.) 23 Q. This is a different map from yesterday. I'm 24 going to mark this as Defendant's Exhibit 8. If you 25 could take a moment to look at it. Kaley, Robert Ph.D. MCWANE WATER PCB-SD0000045076 349 1 (Witness peruses said 2 document.) 3 MR. LANGLAIS: This is Bates labeled DSW 4 044190. 5 A. Yes. 6 BY MR. LANGLAIS: 7 Q. Could you tell me if you know where the 8 Montar pit was located? 9 A. It was in the general area where SWMU, or 10 SMU 7 or SMU 47 was, in that general area. I don't 11 know, one of those is probably the Montar pits; I 12 don't know which one. 13 Q. Sure, if you would mark--I'll give you this 14 red pen--if you would mark or circle just the general 15 location and just put "MP" in there to designate where 16 you think the Montar pit was located. 17 (Witness complies.) 18 Q. Now, do you know how long the Montar pit was 19 being used at the Anniston facility? 20 A. No, I don't. 21 Q. Do you know what the purpose of the Montar 22 pit was? 23 A. Yes. It was to collect montars from the 24 terphenyl process, biphenyl-terphenyl process. 25 Q. Was that something that was going on--well, Kaley, Robert Ph.D. MCWANE WATER PCB-SD0000045077 350 1 when was--when did they stop using the Montar pit? 2 A. I don't know. 3 Q. Who gave you the information that you just 4 described as the purpose for the Montar pit? 5 A. I don't recall: Just information I have. I 6 don't know that I got it any specific place. 7 Q. Do you think you read it from documents or 8 from speaking with employees? 9 A. I, I don't know where I got it. 10 Q. Would Jerry Brown know that information, do 11 you think? 12 A. Certainly. 13 Q. Because he would be the person--who would be 14 the person responsible for, for keeping track of the 15 solid waste management units within the Anniston 16 facility? 17 A. At this point, I don't know. Probably Craig 18 Branchfield, at this point. 19 Q. And who--how about the person before Craig 20 Branchfield? 21 A. It would have been Alan Faust. 22 Q. And how about before Alan Faust? 23 A. I don't know. 24 Q. Would Jerry Brown have had that 25 responsibility at any point during his, his time? Kaley, Robert Ph.D. MCWANE WATER PCB-SD0000045078 351 1 A. He may have when he was environmental lead 2 at the plant, certainly. 3 Q. Now, do you know what happened to the 4 material that was in the Montar pit? 5 A. Yes, it was, the material, some of it was 6 sold as Montar and some of the rest was drummed and 7 put in the landfill. I think it's important to note 8 that was not chlorinated material. That was 9 nonchlorinated terphenyl Montars. There are a number 10 of Montars, and that was nonchlorinated material. 11 Q. Sure. Do you know if the--and the Montars 12 were the--that was the still bottoms or the residue as 13 part of the biphenyl process; correct? 14 A. That was one of them, yes. 15 Q. And that was material that would have been 16 generated even during the lead pot process; correct? 17 A. Presumably, yes. 18 Q. Do you know if this Montar pit was used, was 19 being utilized during the time that the lead pot 20 process was being used? 21 A. I don't know. 22 Q. You can't say either way, right? 23 A. I don't know. 24 Q. And do you know if these Montars were tested 25 for lead? Kaley, Robert Ph.D. MCWANE WATER PCB-SD0000045079 352 1 A. I don't know. 2 Q. Because it's certainly possible that these 3 Montars had lead in them; is that correct? 4 A. I don't know. 5 Q. You don't know if that's possible? 6 A. No. 7 Q. Because Monsanto didn't do any testing for 8 lead of Montars? 9 A. I'm not aware of any. 10 Q. Now, yesterday, I believe you testified that 11 you were familiar, at least generally, with, with some 12 of the solid waste management units; is that correct? 13 A. No, I testified that I was aware there were 14 some. I'm not familiar with them at all. 15 (Defendant's Exhibit 16 Kaley 9 marked for 17 identification.) 18 Q. I'm going to hand-19 A. I know they're there, but I don't know which 20 ones were designated and the reasons for their 21 designation. 22 Q. I'm going to hand you what's been marked as 23 Kaley Exhibit 9. This is a list provided as part of 24 Monsanto's document production to the defendants in 25 this case, and this is Bates labeled ADA 000079 Kaley, Robert Ph.D. MCWANE WATER PCB-SD0000045080 353 1 through ADA 000084. 2 (Witness peruses said document.) 3 Q. (Continuing) Now, this document purports to 4 be a listing of the solid waste management units and 5 areas of concern; is that correct? 6 A. Yes. 7 Q. And you would agree that this, this appears 8 to be a list for the Monsanto Anniston facility? 9 A. Yes. 10 Q. Now, the--now, you are probably going to 11 have to go back and forth between the map and the 12 list, but if you would, please locate solid waste 13 management unit 19 on the list. 14 A. Could I make a clarifying point? 15 Q. Sure. 16 A. Having reviewed this document? It clarifies 17 that SM--SWMU-7 was the Montar pit, so that restricts, 18 further restricts-19 Q. Okay. 20 A. --my answer to that previous question. 21 Q. And what is--while we're on that, what is, 22 is SWMU-47 identified? 23 A. Yes, it's on the first page. It's 24 identified as the west end landfill. 25 Q. Would you go ahead and, and write in "West Kaley, Robert Ph.D. MCWANE WATER PCB-SD0000045081 354 1 end landfill" within the SWMU-47 box? 2 (Witness complies.) 3 A. Yes. 4 Q. Now, was this--which landfill was cut into 5 as part of the construction of Highway 202, if you 6 know? 7 A. Well, it was part of what is now called the 8 south landfill. 9 Q. Okay. Was the west end landfill cut into at 10 all during the construction of Highway 202? 11 A. I believe not. 12 Q. Do you know, at the time that Highway 202 13 was constructed, whether or not the Highway Department 14 requested that Monsanto do any kind of sampling? 15 A. I believe they did, yes. 16 Q. Have you ever seen those sampling results? 17 A. I do not believe so. 18 Q. Do you know if Monsanto tested for lead as 19 part of that sampling? 20 A. I don't know. 21 Q. Do you know if they tested for heavy metals? 22 A. I don't. 23 Q. How about PCBs? 24 MR. NASSIF: Objection. He's said he didn't 25 see the results. You've asked him three questions Kaley, Robert Ph.D. MCWANE WATER PCB-SD0000045082 355 1 what the results says. If he didn't see the results, 2 how could he answer your question? 3 MR. LANGLAIS: Well, he can--just because he 4 didn't see the results doesn't mean he doesn't know 5 that there was, there was testing for certain 6 materials. He said he thought that there had been 7 testing,-8 MR. NASSIF: Yes. 9 MR. LANGLAIS: --and I'm asking him if there 10 was testing for certain specific things. 11 MR. NASSIF: But he didn't see the results. 12 MR. LANGLAIS: That's a different question 13 from asking whether or not he saw the results. 14 MR. NASSIF: It is? 15 MR. LANGLAIS: Yeah. If you, if you don't-16 MR. NASSIF: So he saw what they tested for 17 but he didn't see the results. 18 MR. LANGLAIS: Listen, I'm not going to 19 argue. Do you have an objection? 20 MR. NASSIF: Yeah, I have an objection. 21 You've asked the witness three questions about 22 something he says he has no knowledge. 23 MR. LANGLAIS: Well, that's fine. He can 24 answer, unless you are going to instruct him not to 25 answer. Kaley, Robert Ph.D. MCWANE WATER PCB-SD0000045083 356 1 MR. NASSIF: There's no reason for me to 2 instruct him not to answer. 3 MR. LANGLAIS: There's no reason for you to 4 have a talking objection, either. 5 MR. NASSIF: The reason I made the objection 6 is I let you ask him two questions about something he 7 said he had no knowledge about. When you got to the 8 third one, I raised the objection. 9 MR. LANGLAIS: Okay, I think the record is 10 clear. 11 MR. NASSIF: It is. 12 BY MR. LANGLAIS: 13 Q. Do you have any knowledge of Solid Waste 14 Management Unit 4, which is described as the leachate 15 storage tank? 16 A. No. 17 Q. Who do you think would have the, the most 18 information with respect to the solid waste management 19 units at the Anniston Plant? Which individual? 20 A. I would again have to point to Jerry Brown 21 as the place to start. 22 Q. Do you have any knowledge with respect to 23 what's labeled as Solid Waste Management Unit 19, 24 identified as a trash incinerator? 25 A. I believe that's the TP incinerator we Kaley, Robert Ph.D. MCWANE WATER PCB-SD0000045084 357 talked about yesterday Q. And what--tell me what was incinerated in that TP incinerator. A. Trash, wood and paper trash. Q. Have you seen any indication that any still bottoms were incinerated in that incinerator? A. No. Q. Do you know whether or not still bottoms were ever incinerated in that incinerator? A. My understanding is that they were not. Q. Do you know how long that incinerator was in place at the Anniston Plant? A. I do not. Q. Do you know when, when--has it been removed? A. Yes . Q. Do you know when it was removed? A. No. Q. Do you have any knowledge what -- about Solid Waste Management Unit 20, which is identified as a sulphur incinerator? A. If I do, it's just a little. Q. Okay. If it would help you, if you-- A. I see where it is. Q. Okay. What do you know about the sulphur incinerator? Kaley, Robert Ph.D. MCWANE WATER PCB-SD0000045085 358 1 A. I believe that was burned--it was an 2 incinerator that was used exclusively to burn 3 sulphur-containing wastes from the parathion process. 4 Q. Do you know how long that incinerator was in 5 place at the facility? 6 A. No, I don't. 7 Q. And again, would Jerry Brown probably be the 8 person to talk to about that sulphur incinerator? 9 A. Yes. 10 Q. Are you familiar with what's described here 11 as Solid Waste Management Unit 21 and 22? And they 12 are the former boiler and the present boiler? 13 A. No. 14 Q. Are you familiar with any boilers at the 15 Anniston facility? 16 A. Excuse me. No. 17 Q. Do you know what purpose a boiler would have 18 at, at this facility? 19 A. I would be speculating, but my speculation 20 would be to boil water to provide steam. 21 Q. Do you know if still bottoms were ever 22 burned in order to provide any, any energy for the 23 facility? 24 A. I doubt it, but I don't know. 25 Q. Who would be the person to talk to about Kaley, Robert Ph.D. MCWANE WATER PCB-SD0000045086 359 1 whether or not this facility ever generated power 2 through the burning of, of still bottoms? 3 A. Jerry Brown. 4 Q. Have you ever heard of, of that practice of 5 burning, burning still, still bottoms, distillation 6 ends, to generate energy? 7 A. At Anniston? 8 Q. Anywhere. Just generally. 9 A. I don't recall. 10 Q. Have you ever heard that being any--the 11 practice at any Monsanto facility? 12 A. I, I don't recall specifically. It's 13 possible. 14 Q. What can you tell me about what's labeled as 15 Solid Waste Management Unit 3, described as the 16 Western Landfill Corrective Action System? 17 A. In the first place, I can't find it, and the 18 second place, the answer is, I guess, nothing. 19 Q. I don't believe it's--I don't see that it's 20 indicated anywhere on this map. 21 A. I don't, either, and by, by the naming of 22 it, it doesn't prompt any response. 23 Q. Do you know why it would be excluded from 24 the map? 25 A. I have no idea. Kaley, Robert Ph.D. MCWANE WATER PCB-SD0000045087 360 1 Q. Because there's a note off to the side that 2 notes that Solid Waste Management Unit 37, 38, and 2 3 aren't shown. I would think that they would have made 4 some indication about Solid Waste Management Unit 5. 5 A. You mean 3? 6 MS. LAVEY: You are talking about-7 BY MR. LANGLAIS: 8 Q. Yes, 3. 9 A. I have no information on that. 10 Q. Now, this, does this appear to be a, a 11 facility map that was prepared by Monsanto Chemical 12 Company? 13 A. Well, it was either prepared by them or for 14 them, based on the-15 Q. Is there any indication-16 A. --title. 17 Q. --on here that this was prepared by, by some 18 outside consultant? 19 A. Uh, no, but I, I believe it probably was. 20 Q. In 1996, did Monsanto have its own drafting 21 department? 22 A. I don't believe they had one at Anniston. 23 Q. But did they have one in St. Louis? 24 A. I, I don't know. 25 Q. Are you familiar with what's labeled as Kaley, Robert Ph.D. MCWANE WATER PCB-SD0000045088 361 1 Solid Waste Management Unit 10, described as a 2 limestone bed corrective action system? 3 A. Not particularly, but both of these are 4 corrective action systems, so they may be subsequent, 5 actually, to the preparation of this map. I don't 6 know what this--what the relative time frames are of 7 the list you are referring to-8 Q. Sure. I don't, either. 9 A. --in this map, but a lot of the corrective 10 action was done after 1996, so it could be units that 11 were identified to reflect corrective action that is 12 not shown on this 1996 map. I don't see, I don't see 13 SM--SWMU 10 on here, either. 14 Q. Now, do you--do you have any details on 15 what, exactly, the corrective action system for the 16 western landfill is? 17 A. I could speculate. I think you probably 18 ought to talk to, probably, Craig Branchfield to talk 19 about specifically what that would be. 20 Q. And would that be, would that be your answer 21 with respect to the other corrective action systems 22 listed on this? 23 A. Yes. 24 Q. What is the limestone bed? 25 A. Those were beds, lime beds containing Kaley, Robert Ph.D. MCWANE WATER PCB-SD0000045089 362 1 limestone which were used to neutralize acid before it 2 was discharged from the plant. 3 Q. Do you know how long the limestone bed was 4 in use at the Anniston facility? 5 A. Not specifically, no. 6 Q. What knowledge do you have about Solid Waste 7 Management Unit 14, described as the hazardous 8 material storage area? 9 A. None. 10 Q. Besides the description? 11 A. Yeah: None. 12 Q. Solid Waste Management Unit 15 is described 13 as the spent nickel catalyst storage area? Do you see 14 that? 15 A. I see that it says that. 16 Q. What, what process would, would nickel have 17 been used in? 18 A. I don't know. 19 Q. Who would be the person to have the most 20 knowledge about, about the PCB manufacturing processes 21 at the Anniston facility and the catalysts used in 22 those processes? 23 A. Well, the catalyst was iron chloride. We 24 talked about that yesterday. I, I can answer that 25 question or Jerry Brown could answer that question. Kaley, Robert Ph.D. MCWANE WATER PCB-SD0000045090 363 1 It was not nickel. 2 Q. Well, who would be the person you think that 3 would know what process utilized nickel catalyst? 4 A. Jerry, Jerry may very well be that person. 5 Q. Do you know anything about Solid Waste 6 Management Unit 23, which is described as "Satellite 7 accumulation area for compressor oil"? 8 A. No. 9 Q. Do you know what the, what the 10 compressor--do you know how long-well, strike that. 11 Are you familiar with Solid Waste Management Unit 26, 12 described as the blending tank? 13 A. No. 14 Q. Why do you think that a blending tank would 15 be identified as a solid waste management unit? 16 A. I don't know. 17 Q. Are you familiar with the drum crusher 18 identified as a Solid Waste Management Unit 32? 19 A. No. 20 Q. How about the self-scrap yard identified as 21 Solid Waste Management Unit 33? 22 A. No. 23 Q. Who within the facility in the Anniston 24 facility would have knowledge about that scrap yard? 25 A. I would again start with Jerry Brown. Kaley, Robert Ph.D. MCWANE WATER PCB-SD0000045091 364 1 Q. Do you know what process acetone would have 2 been used in? 3 A. Not for sure. 4 Q. What process do you think the carbon towers 5 identified as Solid Waste Management Unit 36 would 6 have been used in connection with? 7 A. Um, based on their location, I don't know. 8 Q. Now, we've discussed the south landfill and 9 the west end landfill. Are you familiar with what's 10 described as the phosphate landfill, Solid Waste 11 Management Unit 6? 12 A. No. 13 Q. If you would look for me, Solid Waste 14 Management Unit 7, which, which you now have 15 identified as the, as the monitor pit, do you see that 16 indication within that outlined area that says, "Dirt 17 piles"? 18 A. I do. 19 Q. Do you have any idea what those dirt piles 20 were for? 21 A. No. 22 Q. Do you recall ever seeing dirt piles in that 23 area t 24 A. No. 25 Q. If you would look at Solid Waste Management Kaley, Robert Ph.D. MCWANE WATER PCB-SD0000045092 365 1 Unit 42, which is described as the former PCB products 2 area,-3 A. Yes. 4 Q. --do you think that's the area where 5 biphenyl production utilizing the lead pot process 6 would have occurred? 7 A. No. 8 Q. Where on this map do you believe the lead 9 pot process would have occurred? 10 A. Where it says, "Biphenyl production." 11 Q. Would you, would you circle that for me? 12 A. May I use your pen, please? 13 Q. Yes. 14 (Witness complies.) 15 Q. (Continuing) Do you know how much testing 16 for lead Monsanto did around that biphenyl production 17 area where the lead pot process occurred? 18 A. No. 19 Q. The analytical results that you mention in 20 your response to the information request concerning 21 lead, do you know where in the facility those samples 22 were taken? 23 A. As I sit here, no, I don't. 24 Q. Who would have that information? 25 A. Craig Branchfield. Kaley, Robert Ph.D. MCWANE WATER PCB-SD0000045093 366 Q. Do you, do you know who decided where, where the sampling would, would occur? A. Probably the consultants in conjunction with the remedial managers at the time. Q Are you familiar with what's identified as AOC-C, product underground storage tanks? A No. Q Are you familiar with any underground storage tanks at the Anniston Plant? A No. Q Who would have the most knowledge about current or historical product underground storage tanks ? A Jerry Brown. Q Have you ever heard anyone talk about leaks of tanks at the Anniston facility? A No. Q Do you recall ever seeing any documents that discuss leaks of tanks? A No. Q Do you recall there being any discussion of any removal of underground storage tanks at any time? A No. Q Do you know what raw materials went into the manufacture of phosphorus? Kaley, Robert Ph.D. MCWANE WATER PCB-SD0000045094 367 1 A. No. 2 Q. In connection with the reac--in connection 3 with the reacquisition of the west end landfill 4 property by Monsanto, do you know whether Alabama 5 Power Company ever threatened litigation in connection 6 with, with that landfill? 7 A. I never heard that. 8 Q. Were you involved in the decision to 9 reacquire title to that property from Atlanta--Alabama 10 Power Company? 11 A. No. 12 Q. Do you know which individuals were involved 13 in that decision? 14 A. No. 15 Q. Do you know if that was a decision based out 16 of St. Louis or Anniston? 17 A. I don't know. 18 Q. Do you know which individuals at Monsanto 19 were contacted when Alabama Power Company cut into the 20 old west end landfill? 21 A. Not specifically, no. 22 Q. Were you one of the individuals? 23 A. Yes. 24 Q. Do you recall having any meetings at the 25 time that occurred to discuss the west end landfill? Kaley, Robert Ph.D. MCWANE WATER PCB-SD0000045095 368 A. I don't recall any. I'm sure there were some, but I don't have any recollection of them. Q. You described the corporate structure of environmental yesterday, and you identified VP of Environmental Health and Safety; is that correct? A. Yes . Q. Was that person or that title in place at the time Alabama Power Company cut into this west end landfill which was in 1993? A. I believe there was certainly a similar position Q. Do you recall the title of that similar position? A. No. I mean, that was--that would have been in the Monsanto days versus the Solutia days. I don't know specifically what the title was. Q. Do you recall who that person would have been? A. Probably Mike Pierle. Q. Could you spell that? A. P-i-e-r-l-e. Q. Do you recall whether Mike Pierle was involved in this decision to reacquire title to this west end landfill property? A. No. Kaley, Robert Ph.D. MCWANE WATER PCB-SD0000045096 369 1 Q. As whatever--in whatever role, he was 2 certainly the, the head of the Environmental Health 3 and Safety Division or whatever the environmental 4 section of Monsanto was called at that time; wouldn't 5 you agree? 6 A. That's my recollection--that' s my 7 recollection if my timing is correct. 8 Q. And would you have any reason to believe 9 that the head of the environmental group at that time 10 would not have been involved in such a decision? 11 A. I wouldn't know. 12 Q. Do you recall, at the time this happened, do 13 you recall visiting the Anniston Plant? 14 A. No. 15 Q. After this happened, when was--when did you 16 go back to the Anniston Plant? Do you recall? 17 A. I don't know specifically. 18 Q. Do you recall anyone from the St. Louis 19 office traveling to Anniston with respect to this 20 event you described in paragraph 7? 21 A. No. 22 Q. You described in paragraph 8 a detailed 23 investigation of the west end landfill in August 1994. 24 Do you see that? 25 A. Yes. Kaley, Robert Ph.D. MCWANE WATER PCB-SD0000045097 370 1 Q. Can you describe for me the investigation 2 that was undertaken with respect to the west end 3 landfill? 4 A. Not specifically. I mean, analytical data 5 were acquired to delineate the extent of the PCB 6 contamination at the west end landfill. Other than 7 that, I don't know any more details. 8 Q. Do you know who was responsible for putting 9 together, say, the work plans for that detailed 10 investigation? 11 A. Probably one of the consultants to Monsanto. 12 Q. Do you know what consultants, can you 13 describe for me the consultants or give me the names 14 of the consultants that you recall Monsanto using? 15 A. I believe it was Golder Associates. 16 Q. Do you recall any specific employees that 17 worked for Golder Associates? 18 A. No. 19 Q. Do you recall ever having any discussions 20 with individuals from Golder Associates? 21 A. Well, I'm sure I have over the years. 22 Q. How about in connection with the detailed 23 investigation in August of 1994? 24 A. No. 25 Q. Do you know who prepared--would Golder Kaley, Robert Ph.D. MCWANE WATER PCB-SD0000045098 371 Associates have also been the, the consultant that prepared the plan to upgrade the cap? A. I believe they were, but I could be mistaken Q. Do you know who their contact was at the Anniston facility? A. At that time, I don't. Q. Do you know whether Golder Associates implemented this project or if they hired some other consultant to actually upgrade the cap? A. I don't know. Q. In 1995, which individual in Anniston would have been responsible for oversight of this upgrade of the cap? A. Um, I don't know the exact time frames. It could have been Alan Faust Q. Did Alan Faust report to you? A. No. Q. Do you know who Alan Faust reported to? A. I believe a gentleman named Mike Foresman. Q. What involvement would you have had with respect to the upgrade of the cap? A. None. Q. So when you, when you say in this affidavit that you have personal knowledge about, about the, the Kaley, Robert Ph.D. MCWANE WATER PCB-SD0000045099 372 1 things identified in paragraph 8, this is based upon 2 your discussions with, with Monsanto employees? 3 A. Yes, and my understanding of what actually 4 happened at the site. 5 Q. Where did you gain that understanding? 6 A. From being involved in, in discussions 7 around what was going on at the site, primarily. 8 Q. Okay. Well, I just, I guess I'm a little 9 confused, because I asked you what your involvement 10 would have been with respect to the upgrade of a cap, 11 and you told me you didn't have any. 12 A. Well, it was, it was primarily just to be--I 13 was at meetings where the upgrade was discussed and 14 knew that it was going on. As far as operational 15 details, I don't have any. 16 Q. Okay. Do you recall any, any other 17 individuals, Monsanto employees who were at that 18 meeting? 19 A. No. 20 Q. Do you recall if anyone else was present at 21 shows meetings, or was it just Monsanto employees? 22 A. I'm sure the consultants were present. 23 Q. Do you know if any attorneys were present at 24 that meeting? 25 A. I don't recall. Kaley, Robert Ph.D. MCWANE WATER PCB-SD0000045100 373 1 Q. Do you know if, if Monsanto had any 2 attorneys--if Monsanto contacted any attorneys with 3 respect to the reacquisition of this property from 4 Alabama Power Company? 5 A. I don't know specifically. I would assume 6 that a Monsanto attorney looked at any documentation 7 involved in reacquisition of property, but I don't 8 know who that would have been or if it happened for 9 sure. It's just an assumption. 10 Q. Did Monsanto have any in-house attorneys? 11 A. Yes. 12 Q. Can you give me the names of, of those 13 in-house attorneys? 14 A. Excuse me, but there are, I mean there 15 are --at the time, were a number of them. 16 Q. Well, can you give me the names that you 17 recall? 18 A. Well, the one, the environmental attorney 19 probably would have been Brent Gilhausen. 20 Q. Do you know if Brent is still with Monsanto 21 or rather what is now Solutia? 22 A. No, he's not. 23 Q. Did you ever have any discussions with Brent 24 Gilhausen? 25 A. I've had discussions with Brent over the Kaley, Robert Ph.D. MCWANE WATER PCB-SD0000045101 374 1 years, yes. 2 Q. At the end of paragraph 8 on page 6, you 3 discuss access to the property by members of the 4 public. Do you see that? 5 A. Yes. 6 Q. Are you able to tell me, without 7 speculating, whether or not the public had access to 8 the west end landfill prior to the acquisition of the 9 west end landfill by the Alabama Power Company? 10 A. Well, I think I described it that I had seen 11 a fence around it in the mid 1980's, and I think this 12 says that the landfill is surrounded, rather than--a 13 fence was put up at the time of the cap, so I believe 14 that also would suggest that it was there prior to the 15 upgrade. 16 Q. Well, my question was with respect--my 17 question was prior to 1960. Maybe I should have just 18 said the year. You have no knowledge whether or not 19 there was a fence prior to 1960? 20 A. I do not. 21 Q. Do you know, during the time that the 22 Alabama Power Company owned the facility, if they had 23 problems with the public accessing west end landfill? 24 A. I don't know. 25 Q. Did Monsanto, if you know, have, ever have Kaley, Robert Ph.D. MCWANE WATER PCB-SD0000045102 375 1 problems with individuals from the public ever 2 entering that west end landfill despite a fence? 3 A. I don't know. 4 Q. Do you know who at the Anniston facility 5 would have been responsible for maintaining the 6 integrity of that fence? 7 A. No. 8 Q. Do you know--if you don't know a person's 9 name, do you know a person's position, whose position 10 would have been responsible for maintaining the 11 integrity of that fence? 12 A. I don't know. 13 Q. Paragraph 9 discusses a 1993 fish 14 consumption advisory. Do you see that? 15 A. Yes. 16 Q. In November of 1993, do you recall reading 17 that fish consumption advisory? 18 A. I don't recall specifically. 19 Q. Do you recall how that fish consumption 20 advisory would have come to your attention? 21 A. Not specifically, no. 22 Q. Do you recall who you would have discussed 23 the fish consumption advisory with? 24 A. Not specifically. 25 Q. You don't recall having any discussions? Kaley, Robert Ph.D. MCWANE WATER PCB-SD0000045103 376 A. No. Q. So is this, is this the extent of, of your knowledge in paragraph 9 with respect to the fish consumption advisory? A. I wouldn't say it's the total extent of my knowledge, no. Q. Okay, what else can you tell me about the. about the consumption advisory? A. Well, I know some of the levels on which it was based in the fish Q. Okay, what was -- A. I mean, I read it; I've seen the advisory; I know it's exists. I know it was posted along Choccolocco Creek to be sure the residents were aware of it. Q. Can you tell me about the levels that it was based on? A. They ranged up to about 30 parts per million in some of the fish. Q. Do you recall ever submitting--do you recall if there was ever an Anniston, Anniston Star story about this fish consumption advisory? A. I don't recall. Q. Do you recall what -- the information identified in paragraph 10, which describes the Kaley, Robert Ph.D. MCWANE WATER PCB-SD0000045104 377 1 sampling of sediment from Choccolocco Creek and 2 tributaries including Snow Creek? 3 A. I, I recall that that happened. 4 Q. Do you recall seeing the sediment results of 5 that sampling event? 6 A. I don't recall that, but I'm sure I did. 7 Q. Who at the Anniston Plant would 8 have--who--which Monsanto employee at the Anniston 9 Plant would have been involved with ADEM's sediment 10 sampling? 11 A. I don't know that anyone would have been. 12 Q. Okay, was there no contact person at the 13 facility with respect to this sampling event? 14 A. I don't know whether there was or not. 15 Q. Do you remember ever having any discussions 16 with ADEM personnel about this sampling event? 17 A. I don't recall any, no. 18 Q. Do you recall the ADEM report in connection 19 with the sampling event? 20 A. Not specifically. 21 Q. This, here, says the ADEM's report 22 identified 11 potential sources for the PCBs? 23 A. Yes. 24 Q. Can you tell me what sources, what those 11 25 potential sources are? Kaley, Robert Ph.D. MCWANE WATER PCB-SD0000045105 378 A. Not from memory, no. Q. Paragraph 11 says that Monsanto also sampled and analyzed sediment from Snow Creek. Do you see that? A. Yes . Q. What involvement did you have with Monsanto s sampling of the sediment in Snow Creek? A. Nonparticipatory oversight. I was aware it was gorng on. Q. Who made the decision, if you know, within Monsanto, to do, to do the sampling of Snow Creek? A. I don't know. Q. Did you do a comparison of Monsanto's sampling results with those of ADEM? A. I may have; I don't recall. Q. Okay. You say on page 7 that "Monsanto took samples of a pile of material that the City of Anniston had dredged from Snow Creek"? A. Yes . Q. Do you see that sentence? A. I'm sorry, yes, I do. Q. Do you recall the City of Anniston dredging material from Snow Creek? A. I never saw them do it. I'm certainly aware that there were piles of material dredged and were Kaley, Robert Ph.D. MCWANE WATER PCB-SD0000045106 379 1 aware that they had done some. 2 Q. Do you know why the City of Anniston would 3 have dredged material from Snow Creek? 4 A. To enhance water flow so it would minimize 5 the chance of backups and flooding. 6 Q. Sure. They weren't, they weren't dredging 7 from the, the creek in order to perform any kind of 8 removal action; that's certainly correct, right? 9 A. No, they were doing it to, to enhance flow 10 characteristics. 11 Q. Have you seen any other information-- 12 A. Excuse me. 13 Q. --in any Monsanto documents that discuss 14 dredging by the City of, of Anniston with respect to 15 Snow Creek or any other creek in Calhoun County? 16 A. I don't know whether it's mentioned or not. 17 I believe there is some additional sampling of dredge 18 piles, yes. 19 Q. And I believe you testified yesterday that 20 the film material in residents' yards could have been 21 dredged material? 22 A. From Snow Creek? 23 Q. Yes. 24 A. That's a possibility. 25 Q. So and wouldn't that--wouldn't you agree Kaley, Robert Ph.D. MCWANE WATER PCB-SD0000045107 380 1 that that could be a potential source to account for 2 the dispersion of PCBs throughout Calhoun County? 3 A. I think I described that was one of the 4 possible routes for PCBs to get into residential 5 yards, yes. 6 Q. What knowledge do you have of Tull Chemical 7 Company? 8 A. Some. 9 Q. What can you tell me about Tull? 10 A. It's a company that the owner bought a 11 process from Monsanto in the early 1950's to make a 12 rodenticide, set up a plant on, on Snow Creek, and I 13 don't know whether it's in Oxford or in Anniston, 14 itself, but manufactured and continues to manufacture 15 the rodenticide. 16 Q. Did you provide, do you know if Monsanto 17 provided the Alabama Attorney General with any 18 information with respect to Tull Chemical Company in 19 connection with Alabama Attorney General suing Tull 20 for discharging PCBs? 21 A. I've never heard that they did, no. Excuse 22 me. 23 Q. Sorry. Do you need some water? 24 A. No, I'm fine, I think. Just-25 Q. Do you have knowledge of, of anyone other Kaley, Robert Ph.D. MCWANE WATER PCB-SD0000045108 381 1 than the City of Anniston dredging from any of the 2 creeks or tributaries in Calhoun County? 3 A. Yes. 4 Q. Who would have, who would have dredged the 5 creeks? 6 A. The Fish and Wildlife Service dredged 7 Choccolocco Creek in the early 1990's, portions of it. 8 They didn't dredge the whole creek. 9 Q. Do you know what, what happened to that 10 material? 11 A. My understanding is it was placed in, some 12 of it was placed on bank, some of it was placed in--I 13 forget what they call them; the little cut-offs where 14 the creek is--used to be meandering, and it's been cut 15 off. I'm sorry, I can't recall the term. 16 Q. That's okay. 17 A. Any other, any other entities that you know 18 who, who have dredged the tributaries in Calhoun 19 County, those are the only ones I'm aware. 20 Q. Do you know why the Fish and Wildlife 21 Department would have done that dredging? 22 A. Flood control. 23 Q. Same as, as the City of Anniston? Flood 24 control and to increase the flow-25 A. Yes. Kaley, Robert Ph.D. MCWANE WATER PCB-SD0000045109 382 Q. --of those tributaries? A. Excuse me. Yes. Q. Do you know if those dredgings were tested for PCBs? A. Yes, they were. Q. What role did Monsanto play, if any, in the dredging of--performed by the Fish and Wildlife Department? Excuse me A. None that I know of. Q. Do you know who performed the testing? A. Well, they were tested subsequent to--I mean, they've been tested by Monsanto or Monsanto's contractors subsequent to or as part of our ongoing investigation. I don't know if they were tested at the time they were dredged or not. Q. Sure, so it's possible that the dredgings that were--that these dredgings contained PCBs? A. Oh, some of them did. Q. And how do you know that? A. Because of the subsequent testing that Monsanto has done. Q. Okay, and did you--did Monsanto do testing for lead of those dredgings? The subsequent testing? A. Not that I'm aware of. Q. So you wouldn't know either way if the Kaley, Robert Ph.D. MCWANE WATER PCB-SD0000045110 383 1 contained lead? 2 A. As I sit here, I don't know. 3 Q. Do you recall ever seeing any documents that 4 indicated that the Corps of Engineers had done any 5 dredging of any of the tributaries in Calhoun County? 6 A. No, I don't believe so. 7 Q. Have you ever seen any information that any, 8 any of--companies had done dredging of the, of the 9 creeks near their facilities? 10 A. Not that I'm aware of. 11 Q. And I believe you testified yesterday that 12 you haven't seen anything to indicate that Monsanto 13 did any, any dredging of, of their -- discharge, the 14 11th Street drainage ditch or the tributaries leading 15 from that ditch, right? 16 A. No, I testified that Monsanto did dredge 17 along what is now called the 11th Street ditch in the 18 1989 removal action. 19 Q. Sure, and I guess I should have clarified. 20 I, I was looking for--it was probably a bad question. 21 I was interested in, in dredging outside of the 22 context of a removal action. 23 A. In that case, I'm not aware of Monsanto 24 doing any such dredging, no. 25 Q. Or anyone else doing any kind of maintenance Kaley, Robert Ph.D. MCWANE WATER PCB-SD0000045111 384 1 dredging? 2 A. I'm not aware of any. 3 Q. Were you involved in--with any of the 4 consent orders between Monsanto and ADEM? 5 A. Yes. 6 Q. What was your involvement? 7 A. I attended some of the meetings and 8 participated in the discussions. 9 Q. And you provided comments or suggested 10 changes to any of the consent orders? 11 A. I don't recall whether I did or not. 12 Q. Do you recall who else was at these 13 meetings, one of the Monsanto individuals? 14 A. I believe Robert Jones from the Anniston 15 Plant may have been at the meetings. I believe Mike 16 Foresman was at the meetings. 17 Q. Other than Golder Associates, can you 18 identify any other environmental consultants that have 19 done work for Monsanto in connection with, with PCBs? 20 A. Oh, there are a number. 21 Q. Can you identify those you recall? 22 A. "BBL" stands for Blouseland, Block & Lee 23 (Phonetic). That's the only one, only one that's 24 coming to mind quickly. They're, they have been the 25 major contractor on the offsite investigation, and Kaley, Robert Ph.D. MCWANE WATER PCB-SD0000045112 385 1 Golder was the major contractor on the on-site 2 investigation. 3 Q. Are you familiar with the report mentioned 4 in paragraph 12, prepared by ADEM, entitled "Summary 5 of Activities, Solutia, Inc., Anniston Facility"? 6 A. I've seen it, yes. 7 Q. Did you provide the comments, did you 8 receive that report in a draft form? 9 A. No. 10 Q. Did you provide comments to ADEM after the 11 report was issued? 12 A. No. 13 Q. Do you know if anyone at Monsanto provided 14 comments to that report? 15 A. No. I mean yes, I know. No one did. 16 Q. Can you tell me the potential pathways of 17 PCBs, exposure pathways for PCBs in connection with 18 the Anniston facility, which ones were identified? 19 A. I'm sorry, what are you referring to? 20 Q. Well, what I want to know is, I want to know 21 if you can identify to me the potential sources of 22 PCBs from the Anniston facility with respect to 23 their--the pathways that the--transport pathways that 24 these PCBs could have taken from the facility. Soil, 25 we know, is one; correct? Kaley, Robert Ph.D. MCWANE WATER PCB-SD0000045113 386 1 A. Soil, sediment, drainage pathway. The air 2 pathway was considered and determined not to be a, a 3 completed pathway. Groundwater was considered. 4 Q. What do you recall with respect to 5 groundwater as being a pathway for PCBs? 6 A. Well, there was lots of sampling done for 7 PCBs in groundwater. 8 Q. Okay, and what do you recall, what do you 9 recall those sampling results showing? 10 A. Almost exclusively nondetects in the 11 groundwater. 12 Q. Now, with respect to PCBs in the air, am I 13 correct that, that there is--PCBs could either be in 14 vapor form or as part of particular (sic) matter? 15 A. Adhered to particulate matter, that's 16 correct. 17 Q. Is Monsanto--when was the last time--is 18 Monsanto currently engaged in any program where, where 19 they are testing for PCB emissions in the air? 20 A. No. 21 Q. When was the last time that Monsanto did any 22 of, of that work? 23 A. I believe April of this year. 24 MS. LAVEY: He needs to change the tape. 25 THE VIDEOGRAPHER: This will end tape number Kaley, Robert Ph.D. MCWANE WATER PCB-SD0000045114 387 1 1 of today's deposition session of Robert Kaley II. 2 We're off the record at 10:42 A.M. 3 (Recess.) 4 THE VIDEOGRAPHER: We're back on the record 5 at 10:455 A.M. This will begin tape number 2 of 6 today's session of the deposition of Robert Kaley II. 7 BY MR. LANGLAIS: 8 Q. Before, when we were talking about two 9 possible forms of PCBs in, in air, we --I mentioned 10 vapor form and particulate matter. It sounds like my 11 pronunciation may not have been great and people think 12 that I said "particular matter," but you understood 13 that I said "particulate matter"? 14 A. Yes. 15 Q. On page 8 of, of Kaley Exhibit 7, there's a 16 figure in there that says Monsanto will have expended 17 approximately $40 million on the planning, 18 investigation, remediation activities described in the 19 affidavit? Do you see that? 20 A. Yes, I do. 21 Q. Do you recall where you, where you got that 22 number from? 23 A. From the remediation manager. 24 Q. Who, who was that manager? 25 A. It was either Craig Branchfield or Alan Kaley, Robert Ph.D. MCWANE WATER PCB-SD0000045115 388 1 Faust. At this time, at the signing of this, it would 2 have been Craig Branchfield. 3 Q. Did he just provide you the number, or did 4 he provide you with any backup information for that 5 number? 6 A. Just provided me the total. 7 Q. Now, here, in paragraph--this was done, 8 obviously, this affidavit was done in August of 2000, 9 so I want to ask you some of these things have 10 occurred. On page 8, following the sentence, or a 11 couple of sentences after that figure I just 12 discussed, it says "Based on extensive sampling and 13 analysis." Do you see that sentence? 14 A. I do. 15 Q. In there, it says that "The need for 16 remediation in these areas will be addressed after the 17 necessary information is evaluated." Do you know if, 18 if those areas described in that sentence will require 19 or have been remediated? 20 A. My understanding is that Choccoloc --some of 21 the areas of Choccolocco Creek may require remediation 22 and that Lake Logan Martin will not require 23 remediation. 24 Q. Okay. I don't have the attachments to this, 25 um, to this affidavit, but can you tell me, it's, it's Kaley, Robert Ph.D. MCWANE WATER PCB-SD0000045116 389 1 described in, in a few--in the sentence following 2 that, it's an affidavit of Dr. Brown. Can you tell me 3 who Dr. Brown is? 4 A. Yes, it's Mark Brown from BBL. 5 Q. And do you know if Dr. Brown is still 6 involved with, with any of the Monsanto work in 7 connection with the Anniston facility? 8 A. I believe he is, to the extent we're doing 9 offsite work which is, is minimal, at this point. 10 Q. Do you recall when the last time it was that 11 you saw Dr. Brown's affidavit? 12 A. No, I don't. 13 Q. Do you recall whether or not this affidavit 14 has been, has been updated? 15 A. I don't recall. 16 Q. Because you said earlier that occasionally, 17 this affidavit would be, would be updated with 18 information; correct? 19 A. My affidavit? Yes, that is correct. 20 Q. Looking back, I know you've updated it, but 21 have you ever, have you ever revised this 22 affidavit--let me ask it this way. Have you ever made 23 any significant changes to this affidavit, or 24 different findings in this affidavit, or has it just 25 been the addition of new information? Kaley, Robert Ph.D. MCWANE WATER PCB-SD0000045117 390 1 A. My recollection is that it's been just the 2 addition of new information. I'm sure there's been no 3 major, you know, revisions to previously existing 4 paragraphs. 5 Q. Do you know if the remedial--in this last 6 sentence on page 8, it says, "Moreover, the 7 effectiveness," do you see that sentence? 8 A. Yes, I do. 9 Q. It says, "The effectiveness of the remedial 10 measures previously undertaken on Monsanto's and now 11 Solutia's property in Anniston will be evaluated by 12 ADEM and the United States Environmental Protection 13 Agency and will be subject to public review and 14 comment." Do you see that? 15 A. Yes, I do. 16 Q. And it goes on, but I just want to ask you 17 do you know if that, the remedial measures, have been 18 evaluated by ADEM and EPA? 19 A. They have done--been evaluated on a, on an 20 interim basis. I don't believe that they are approved 21 as final corrective measures. 22 Q. Did you provide--did EPA provide you, 23 Monsanto, or Solutia, with comments about the remedial 24 measures undertaken? 25 A. I believe they did, yes. Kaley, Robert Ph.D. MCWANE WATER PCB-SD0000045118 391 1 Q. And did you then, in turn, provide, provide 2 comments to ADEM and USEPA? 3 A. If by "you," you mean the company, yes, the 4 company did. I, personally, did not. 5 Q. Who would have provided those comments? 6 Would it have been one of the consultants? 7 A. They would have probably participated in the 8 preparation of those comments. They would have 9 probably been undersigned by Craig Branchfield. 10 Q. Or Alan Faust? 11 A. Or Alan Faust, but at this point, it would 12 have been probably Craig Branchfield. 13 Q. And so am I correct that these remedial 14 measures have not been ultimate--have not been 15 approved as final corrective measures? 16 A. That's my, that's my understanding. I could 17 be mistaken. 18 Q. On the next page, it's entitled the "1995 19 Consent Order." Do you see that? 20 A. Yes, I do. 21 Q. Under "AWPCA"? 22 A. Yes. 23 Q. Did you have any involvement with that 24 particular consent order? 25 A. Yes. Kaley, Robert Ph.D. MCWANE WATER PCB-SD0000045119 392 1 Q. Do you recall having, having reviewed that 2 consent order? 3 A. Yes. 4 Q. Do you recall having provided any verbal or 5 written comments with respect to that consent order? 6 A. No, it was presented to us. 7 Q. Now, in there--and I may have asked you this 8 yesterday, and I apologize--it says, "Monsanto 9 unexpectedly detected a trace amount of PCBs in storm 10 water runoff from the south landfill in a sample 11 obtained on Monsanto's property"? 12 A. Yes, you did ask me about that yesterday. 13 Q. Okay. I thought I did. I--what measures 14 following that sampling event did Monsanto take with 15 respect to the storm water runoff from the south 16 landfill? 17 A. Extensive sampling --excuse me, extensive 18 additional sampling of sediments along the drainage 19 pathways from the plant. 20 Q. Did Monsanto do any--make any physical 21 modifications or alterations to--that would affect the 22 storm water runoff from the south landfill? 23 A. Eventually, yes. 24 Q. How soon after this, this testing that's 25 described in paragraph 13 were, were such measures Kaley, Robert Ph.D. MCWANE WATER PCB-SD0000045120 393 taken? A. My recollection--well, it probably tells in here when we undertook those. In the next two to three years, I believe. Q. The sampling plan that's identified in, in paragraph 14? A. Yes . Q. Who prepared that sampling plan? A. One of the consultant firms; I don't know which one Q. Were you involved in, in the preparation of that sampling plan? A. I don't recall. I may have been on an advisory basis. Q. Is that--do you know if that sampling plan continues to be implemented or do you know if it's complete? A. That's complete. Q. Do you know when it was complete? A. I don't know specifically. Within a year or two after---excuse me, after the consent order. Q. Do you recall what that sampling, what that sampling showed? A. In the broadest terms, it showed that there were some, in some of the sediments affected by Kaley, Robert Ph.D. MCWANE WATER PCB-SD0000045121 394 1 drainage from the Monsanto plant, that there were PCBs 2 present. 3 Q. Do you recall what levels were detected? 4 A. They varied. You know, there were some that 5 were in the tens of parts per million, maybe even a 6 couple a little higher. Some were nondetect. 7 Q. Can you tell me what the correlation is 8 between 8.3 parts per billion and mgs. per kilogram? 9 If you want, you can, following a break-- 10 A. I believe parts per billion are mgs.--no, 11 micrograms per gram is parts per--no, it's parts per 12 million. Mgs. per milligram are parts per million. 13 Q. Okay. 14 A. Now, in a water sample, it's going to be 15 parts per million is going to be per millilitre or per 16 litre, not per gram, but -- 17 Q. Right. Kilogram is used for solid matrixes 18 like sediment, soil? 19 A. Yes. So the eight, just to clarify, 8.3 20 parts per million would be micrograms per litre. 21 Q. The drainage ditch reflected in paragraph 22 14, are you ref erring--what drainage ditches are you 23 referring to? Can you-- 24 A. I mean, these are the drainage --yeah, these 25 are the unnamed drainage ditches in the former Kaley, Robert Ph.D. MCWANE WATER PCB-SD0000045122 395 1 residential areas east of the plant. 2 Q. Looking at the map that we had earlier this 3 morning- 4 MS. LAVEY: Which exhibit, Jim? 5 MR. LANGLAIS: 6 Q. Urn-- 7 A. Okay. 8 Q. What exhibit is that? 9 A. Exhibit 8. 10 MS. LAVEY: Thank you. 11 BY MR. LANGLAIS: 12 Q. Can you identify on this map the location of 13 these drainage ditches with respect to the south 14 landfill? 15 A. Yeah, the area that's being discussed is, is 16 what's roughly described as AOC-B on this map, and the 17 drainage ditches are the alternating dashed and dotted 18 lines running through that large area. 19 Q. Would you circle for me those drainage 20 ditches ? 21 THE VIDEOGRAPHER: We're off the record at 22 11:06 A.M. 23 (Discussion off the record.) 24 THE VIDEOGRAPHER: We're back on the record 25 11:07 A.M. Kaley, Robert Ph.D. MCWANE WATER PCB-SD0000045123 396 BY MR. LANGLAIS Q. Okay, now, have you had an opportunity to circle---okay, if you would-- A. It's going to be difficult. (Witness circles portions of the map.) Q. Okay, thanks and you've circled within the area marked as AOC-B. Do you know if--how long these ditches have, these ditches that you've circled have been in existence at the Anniston planned? A. No, I don't. Q. Have you seen any--who would know whether or not these ditches were in existence at the Anniston Plant prior to your first visiting the site? A. Well, Jerry would know from the time he arrived at the plant, I assume. Jerry Brown. Excuse me. Q. Is it your testimony that you are -- A. I know some of them didn't exist prior, because some of them are the ditches that carry the storm water runoff from the south landfill under Highway 202, so obviously, those didn't exist prior to the construction of Highway 202, at least in their present form. Q. Sure, and prior to that time, do you know Kaley, Robert Ph.D. MCWANE WATER PCB-SD0000045124 397 1 that prior to the construction of Highway 202, do you 2 know how the ditches would have been configured? 3 A. I do not. 4 Q. Is it your testimony that you have no 5 knowledge about whether, whether these drainage 6 ditches within AOC-B have ever been dredged by 7 Monsanto? 8 A. I do not know. 9 Q. Have, have these drainage ditches ever been 10 remediated by Monsanto? 11 A. They have now. 12 Q. Okay, do you know how much soil was removed 13 from these drainage ditches? 14 A. None. 15 Q. Would Craig--okay, and how have they 16 been--how has this been remediated? 17 A. By a cover, cap and cover system. 18 Q. And does Monsanto, or rather Solutia 19 continue the test storm water discharge from this 20 landfill? 21 A. Yes. 22 Q. Do you know what--does--do these ditches 23 feed into any of the tributaries of Choccolocco Creek? 24 A. When they existed, they eventually fed into 25 the 11th Street ditch and eventually into Snow Creek. Kaley, Robert Ph.D. MCWANE WATER PCB-SD0000045125 398 1 Q. So these ditches no longer exist? 2 A. That's correct. 3 Q. When, when were these ditches, I guess for 4 lack of a better term, "decommissioned" or -- 5 A. Well, they were capped and covered in the 6 time frame we talked about in, I believe, 19--I mean, 7 it's going to say when we get here. 8 Q. Right. 9 A. I'm going to say 1997, 1998. 10 Q. Sure, and if you--if we get further into 11 this affidavit, if you see a different date, just let 12 me know; we can make sure it's clarified on the 13 record. 14 Do you know if this landfill, the south 15 landfill, was ever subject to flooding? 16 A. No, it's a mountain. It's a mountain. It's 17 on the side of a mountain. 18 Q. Do you know if the drainage ditches, the 19 drainage ditches that you've circled were ever subject 20 to flooding? 21 A. Yes. They were. It's--at least, portions 22 of them were. 23 Q. What, what flooding of these drainage 24 ditches do you personally recall? 25 A. There was flooding in the area on the north Kaley, Robert Ph.D. MCWANE WATER PCB-SD0000045126 399 1 side of that, the property we've been discussing, near 2 and around a church called the Bethel Missionary 3 Baptist Church. 4 Q. And on that map, how close is, is that 5 church? Can you identify on this map where this 6 church would be located, or is it off the map? 7 A. It's not there. 8 Q. Can you identify where the church would have 9 been located? 10 A. Yes. 11 Q. Could you do that for me? 12 MS. LAVEY: John, could you please have him 13 mark "Church" or something to locate it for us? 14 BY MR. LANGLAIS: 15 Q. (Continuing) Yeah, just if you could mark, 16 draw a circle approximately where you think this was 17 located, and if you could within that circle put 18 "Church"? 19 (Witness complies.) 20 A. This is approximate, but that's 21 approximately where it was located. 22 Q. And there were drainage ditches associated 23 with the west end landfill, as well; is that correct? 24 A. Yes. 25 Q. And do you know the approximate locations of Kaley, Robert Ph.D. MCWANE WATER PCB-SD0000045127 400 those drainage ditches? A. I'm much less familiar with those. Q. Okay, do you know if those drainage ditches, like the south landfill drainage ditches, were ever subject to flooding? A. I do not know. Q. Do you know who would have that information? A. Um, either the remedial managers or the consultants that investigated the storm water flow around that landfill. Q. In paragraph 15 of this affidavit, it describes a property purchase program implemented in October 1995. What involvement did you have, if any, in the property purchase program? A. I was, I was aware of it and provided input to the development of the program. Q. Who would have provided you--did anyone provide you the information in paragraph 15 with respect to the property purchase program? A. I knew all of that from--well, I knew all of that from personal knowledge other than the number of properties, and I assume that was provided by the company that actually undertook the property purchase program Q- Which company undertook that company Kaley, Robert Ph.D. MCWANE WATER PCB-SD0000045128 401 1 purchase program? 2 A. Prudential. 3 Q. Do you recall any particular person at 4 Prudential who was responsible for that program? 5 A. There certainly was. I'm not recalling his 6 name. I don't know. 7 Q. Who within Monsanto was responsible for the 8 property purchase program? 9 A. I believe probably Alan Faust had the most 10 direct oversight. 11 Q. Do you know if there were any--it says here 12 that participation in the program by eligible property 13 owners was voluntary. Do you know if there were any 14 property owners that refused to participate in the 15 program? 16 A. Yes, there were. 17 Q. Do you know how many property owners were 18 eligible and how many property owners actually 19 participated? 20 A. I believe, based on this number here, there 21 were, there were approximately--there were, like, 40 22 properties that, that could have been acquired in that 23 program, and I believe two or three did not 24 participate. One of those was, was a vacant lot. 25 Q. Do you recall anything about the others? Kaley, Robert Ph.D. MCWANE WATER PCB-SD0000045129 402 1 A. They were not vacant lots. I mean, they had 2 houses on them. There's nobody living in them now, 3 but the property is still owned by the previous 4 owners. 5 Q. Do you know what the requirements for 6 eligibility were in this program? 7 A. To live in the area that was designated as, 8 as--to have residential property or--yes, residential 9 property that was in the area designated to be 10 required for remediation of the area. 11 Q. Do you know who developed that area, that 12 designated area? Was that -- 13 A. Well, it was a combination of, of 14 Prudential, Monsanto, and the environmental 15 consultants. 16 Q. Which consultant was involved with that? 17 Was that BBL? 18 A. Probably Golder. 19 Q. Golder? Now, was this, this eligibility 20 area, this program area, was that area expanded over 21 time? 22 A. Yes. 23 Q. What caused--on how many occasions was that 24 area expanded? 25 A. I think it was only expanded once. It was Kaley, Robert Ph.D. MCWANE WATER PCB-SD0000045130 403 expanded into two or maybe three additional areas, but the expansion was all at the same time. Q. Do you know what prompted that expansion? A. Additional investigation and the identification of PCB levels in areas that were potentially impacted from drainage from the plant Q. Now, on that same page, there's reference to the 1996 consent order. Do you see that? A. Yes, I do. Q. What involvement did you have with that particular consent order, which apparently was entered into on March 8th, 1996? A. I was involved in, in the discussions with ADEM and--that led to that consent order. Q. Now, do you know if, if this was the responsibility of Mr. Faust or Craig Branchfield? A. At this time, it would have been Mr. Faust. Q. If you would look on page 11, paragraph 19, does this describe the property purchase expansion that you mentioned earlier? A. Yes, it does, although it clarifies that it was actually done in two stages. Q. Do you have any knowledge about the one resident who refused to participate in the property purchase program identified at the end of paragraph Kaley, Robert Ph.D. MCWANE WATER PCB-SD0000045131 404 1 19? 2 A. Uh, yes. 3 Q. And who is that? Have we already discussed 4 that one individual? 5 A. I don't believe so. 6 Q. Okay, who is that individual? 7 A. I don't know. It's a person that still 8 lives in a manufactured home on the property north of 9 the plant. I'm sorry, the name is not coming to me. 10 If it comes to me, I'll let you know. 11 Q. I appreciate that. 12 A. I should know the name. 13 Q. Did you ever have any discussions with this 14 individual who refused to participate? 15 A. No. 16 Q. Do you know if anyone--do you know anyone 17 within Monsanto that had discussions with this person? 18 A. No. No one did. Well, now, I say that. 19 There may have been--I can't say there wasn't an 20 initial approach made to that person, but once the 21 person got counsel, we really did not have any further 22 discussions with that person. 23 Q. Do you know who this person was represented 24 by? 25 A. I believe it was Donald Stuart, but I'm not Kaley, Robert Ph.D. MCWANE WATER PCB-SD0000045132 405 1 sure. I could be wrong on that. 2 Q. Do you know if this person would have been 3 part of any of the--any of the settlements that 4 Monsanto has entered into with respect to the PCB 5 contamination? 6 A. I don't know the answer to that. 7 Q. Do you know if this person had suffered any 8 personal injury? 9 A. Well, I do--I believe, I believe he was 10 represented by Donald Stuart, and I believe he would 11 have, would have been involved in the settlement of 12 Mr. Stuart's cases. 13 Q. Do you know if it would have involved just 14 property, property issues, or if it would also have 15 involved personal injuries? 16 A. I don't know the particular claims. 17 Q. Who within Monsanto was responsible for 18 filing biweekly reports with ADEM? 19 A. Me. 20 Q. What did those--what was detailed in those 21 reports ? 22 A. The progress we were making on cleaning of 23 the homes, and moving of the residents, and the 24 acquisition of those properties. 25 Q. It appears that in 1996, ADEM, or ADPH, Kaley, Robert Ph.D. MCWANE WATER PCB-SD0000045133 406 1 Alabama Department of Public Health, expanded their 2 no-consumption advisory; is that correct? 3 A. Yes, it is. 4 Q. How, how far, how big of an expansion was 5 that? Do you know? 6 A. They--it was an expansion to Lake Logan 7 Martin for certain species of fish. I mean, it's in 8 here from Riverside, Alabama, to the lake, to the 9 Logan Martin Dam on Lake Logan Martin. Previously, it 10 had only been Choccolocco Creek in its abatement. 11 Q. Do you know if those reports were provided 12 to ADEM? 13 A. Yes, they were. It says that in the 14 affidavit. 15 Q. Oh, that's right. My apologies, and the 16 results, it says, here, the results confirm that 17 larger fish of several species contain PCBs at levels 18 in excess of the two parts per million FDA tolerance 19 level? 20 A. For that particular sampling, yes. That has 21 changed. 22 Q. How has it changed? 23 A. There are no longer fish above two parts per 24 million in lake Logan more Martin according to your 25 sampling. Kaley, Robert Ph.D. MCWANE WATER PCB-SD0000045134 407 1 Q. Does your sampling continue to indicate any 2 detection of PCBs in those fish? 3 A. Yes, they're detected, but at levels below 4 the, the tolerance level. 5 Q. When was the last time any testing described 6 in this paragraph concerning fish was done? 7 A. Well, this paragraph specifically addresses 8 the 1996 sampling. I believe there was additional 9 sampling--I don't know when the last sampling was 10 done, whether it was sometime in the 2000's, but I 11 don't know specifically. 12 Q. Now, is that sampling that Monsanto has 13 voluntarily undertaken? 14 A. Yes, it is. 15 Q. Monsanto is not required to do that under 16 any consent order or agreement? 17 A. No. It's part of our ongoing study of the 18 situation downstream of the plant. 19 Q. Now, in paragraph 22--and we discussed this 20 a little bit yesterday--refers to the 1996 NPDES 21 permit? 22 A. Yes. 23 Q. Do you know if the plant had had an NPDES 24 permit prior to that time? 25 A. I believe I said that I believe they did, Kaley, Robert Ph.D. MCWANE WATER PCB-SD0000045135 408 1 but I, I don't know that for sure. I believe they 2 did. They would have had to. 3 Q. Have you ever reviewed any of the NPDES 4 permits for the Anniston facility? 5 A. I looked at the analytical requirements for 6 PCBs in this permit, so I looked at small portions of 7 it. 8 Q. Do you know if this was the first NPDES 9 permit that had, had requirements for PCB discharge? 10 A. I believe it was, but I could be mistaken. 11 Q. And again, you don't recall whether or not 12 this NPDES permit had, had limits with respect to lead 13 or other heavy metals? 14 A. I don't recall. 15 Q. And it would be--am I correct that it would 16 be Craig Branchfield who would, who would be 17 responsible for this NPDES permit? 18 A. Either Craig or the present environmental 19 person at the plant, whom I don't know that is. 20 Q. Does Craig still work forSolutia? 21 A. Yes, he does. 22 Q. And how, how has his position changed? 23 A. Since when? 24 Q. Well, you said, yousaid--you described this 25 new environmental person? Kaley, Robert Ph.D. MCWANE WATER PCB-SD0000045136 409 1 A. Well, Craig is remediation manager. 2 Q. Okay. 3 A. He does not--he's not really a part of the 4 plant staff; he's part of the St. Louis remediation 5 organization,-6 Q. Okay. 7 A. --although he was located in Anniston for 8 some time. 9 Q. Okay. 10 A. So in addition to Craig, there is still, 11 presumably, although there may not be, a plant 12 environmental lead or power--plant environmental 13 person. 14 Q. On page 14, paragraph 23 described a 1997 15 RCRA permit. Are you familiar with, with this RCRA 16 permit that was apparently issued on January 7, 1997, 17 to Monsanto? 18 A. Only in the most general terms. I know it 19 exists; that's about all the detail I know. 20 Q. Do you know who within the--who within 21 Monsanto would be responsible for ensuring that the 22 RCRA permit requirements were followed? 23 A. To the extent that it has to do with 24 investigations of, of PCB wastes, it would be Craig 25 Branchfield, but there's probably also joint Kaley, Robert Ph.D. MCWANE WATER PCB-SD0000045137 410 1 responsibility with the plant environmental lead. 2 Q. Do you know if Monsanto prepared this RCRA 3 permit or if it had one of its consultants prepare the 4 permit? 5 A. I believe it was a joint effort. 6 Q. Do you know if it was BBL or Golder? 7 A. I believe it was Golder. 8 Q. And do you think Golder also prepared the 9 interim measures, or rather, the RFI work plan 10 described in paragraph 24? 11 A. Yes, I do. 12 Q. What interim, interim measures were required 13 as part of that work plan? Do you know? 14 A. Well, they are, you know, detailed on page 15 15 . 16 Q. Okay. 17 A. In the middle, diversion of storm water, 18 upgradeof the cap of the south landfill, the cover 19 over the soils on the east side of the plant, 20 installation of a cover on soils downstream of the 21 west end landfill, and upgrade of in-plant storm 22 sewers. 23 Q. And number 4 involved the installation of 24 new piping to convey storm water and minimize flooding 25 in the west end landfill; correct? Kaley, Robert Ph.D. MCWANE WATER PCB-SD0000045138 411 1 A. Well, downstream of the landfill, I believe. 2 Downgrading of the landfill. 3 Q. Okay, so there, there was downgrading of the 4 landfill? That area was prone to flooding? 5 A. Let me read that carefully,-6 Q. Okay. 7 A. --to make sure we're not talking about two 8 different areas. 9 Q. And I'm referring to number 4. 10 A. I understand. 11 (Witness peruses said 12 document.) 13 A. (Continuing) Yes, that was the area that 14 the, the property purchase program, the extension of 15 the property purchase program into the area north of 16 the plant. That was, that was that area, yes. 17 Q. Okay. It appears on page 16 that Monsanto 18 took some steps to fence in the properties acquired as 19 part of that purchase program? Do you see that? 20 A. Yes, I do. 21 Q. And that involved removal of structures from 22 those properties? 23 A. Yes--well, I mean that was another part of 24 the, the program, yes. 25 Q. Who did the demolition for Monsanto? Do you Kaley, Robert Ph.D. MCWANE WATER PCB-SD0000045139 412 1 know? 2 A. Some construction--! don't know, some 3 construction company. 4 Q. Do you know where the demolition-- 5 A. Well, that's not true, I do know. It was a 6 division of Westinghouse. 7 Q. Okay. Do you know where the, where 8 the--these demolished structures were--where this--the 9 demolition material was sent to? 10 A. If it contained PCBs greater than 50 parts 11 per million, it was sent to Emile, Alabama. If it was 12 less than 50 parts per million, it was incorporated 13 under the cover. 14 Q. Do you know what portion of the materials in 15 those programs were sent to Emile versus placed under 16 the cover? 17 A. I don't. 18 Q. Who would have done the testing to, to make 19 that determination? Would it have been one of 20 Monsanto's consultants or someone for the demolition 21 company? 22 A. One of Monsanto's consultants. 23 Q. That probably would have been Golder? 24 A. Or somebody working for them. I don't, I 25 don't recall. Kaley, Robert Ph.D. MCWANE WATER PCB-SD0000045140 413 Q. Can you tell me how the interim measures work plan was revised? A. Not specifically, no. Q. Who would have the information--who would be able to tell me how the interim measures work plan was revised? Would that be-A. Well, either Craig or Alan. I mean, if they had the documents in front of them. Q. Okay. A. I don't think there were significant revisions from the original plan, but there were certainly ADEM had comments, and it was revised to reflect our response to those comments. Q. You'll notice in paragraph 25, it measured--it mentions the construction of a storm water detention basin called the lower detention basin. This was apparently put in place to contain storm water and minimize flooding. A. Yes, that's correct. Q. Was that, was that done in connection with the, one of the landfills? A. Well, it was done to collect the, largely to collect the water or to detain the water. It doesn't---it is a detention basin. It slows the water flow from the south landfill Kaley, Robert Ph.D. MCWANE WATER PCB-SD0000045141 414 1 Q. Okay. With respect to the implementation, 2 with respect to the additional actions to control 3 storm water, other than the one described here, which 4 says, "Including plant discharges of non-contact 5 cooling water, what other additional actions were 6 taken? 7 A. I don't recall specifically what, what that 8 addresses, at this point. I know that we're the--all 9 the plant cooling water was collected in a specific 10 pipe which was then routed to a single discharge point 11 for the NPDES sampling permit, so it may be referring 12 to that. 13 Q. Do you know how thick the cap was on 14 the--this would be the west end landfill when, when 15 that property was acquired by Alabama Power Company? 16 A. I don't know. I don't know. 17 Q. I just don't want there to be any confusion. 18 When you say "cap," you are not referring to what, 19 what is commonly referred to as a RCRA cap, correct? 20 A. In 1960 -- 21 Q. Right,-22 A. --no, it was -- 23 Q. --because there was no RCRA. 24 A. It was a clay cover. 25 Q. And do you know if Monsanto-- do you know if Kaley, Robert Ph.D. MCWANE WATER PCB-SD0000045142 415 Mon--if Alabama Power Company maintained that clay cover? A. I don't know. Q. Do you know if Monsanto--well, strike that. Previous, it determined that groundwater was not a concern with respect to PCB pathways? A. Following the sampling of groundwater for PCBs over a fairly extensive period of time. Q. Do you know how long that testing occurred? A. It's still going on, I'm sure. Q. Why do they continue to test the groundwater if it's not a concern? A. I believe it's part of the agreement with ADEM. Q. Do you know how long Monsanto is required to test the groundwater? A. I don't know. Q. Has there been any, any detection of PCBs in the groundwater over the course of this investigation? A. There have been a few, yes. Q. Can you--do you recall what, what kind of levels you were finding? A. In the range of one part per billion or less. Q. And on page 19, paragraph 29--now, this is Kaley, Robert Ph.D. MCWANE WATER PCB-SD0000045143 416 1 with--this is entitled "Supplemental RFI work Plan for 2 Offsite Remediation." In there, it discusses locating 3 and evaluating dredge piles? 4 A. Yes. 5 Q. Do you see that? 6 A. No, I'm sure it's in there. Yes, I see it 7 now. 8 Q. What, what is, what is that--what is 9 being--what is that referring to in there? 10 A. Those are primarily the dredge piles that we 11 spoke about in Choccolocco Creek. 12 Q. The dredge piles by the Fish and Wildlife 13 Division and by the City of Anniston? 14 A. Yes. 15 Q. Has Solutia identified all the locations of, 16 of dredge piles? 17 A. I believe so, yes. 18 Q. And do you know if--do you know if those 19 have been documented? What report would have 20 documented the location of those dredge piles? 21 A. I don't know specifically. One of the 22 offsite reports to ADEM would have; I don't know which 23 one. 24 Q. Has Monsanto identified any residential 25 areas, any residential locations that received any of Kaley, Robert Ph.D. MCWANE WATER PCB-SD0000045144 417 these dredge piles? A. Not specifically from those dredge piles, no. Q. Has Monsanto identified any residential locations that have received any dredge piles? A. Not dredge piles that I know of, no. Q. How did Monsanto go about locating and evaluating these dredge piles? A. I don't know specifically. I don't know that one. Q. Who would, who would have that? Who would know that in Monsanto? A. Someone in BBL. They were in charge--in Monsanto? Craig would know, Craig Branchfield. Q. And he worked with BBL, the consultant? A. BBL was the primary contractor on the offsite investigations, yes. Q. At the end of page 19, you discuss Solutia engaging a team of outside and in-house experts, including Dr. Mark Brown, to design and implement the supplemental work plan. A. Yes . Q. Do you see that? What other outside and in-house experts do you recall besides Dr.--besides Dr. Brown? Kaley, Robert Ph.D. MCWANE WATER PCB-SD0000045145 418 1 A. There's another BBL guy named John Schell, 2 who is a toxicologist. Alan Fowler works for BBL, 3 F-o-w-l-e-r. In-house, probably, I'm sure it 4 includes, um, Craig, myself. I don't recall who else 5 was--who else participated in that. Excuse me. 6 Q. On page 20, there is, there is some more 7 numbers in there. There's a figure of three million 8 dollars for the cost of, of the investigation in 9 connection with the supplemental work plan. Is that a 10 number that Craig Branchfield would have given to you? 11 A. Yes. 12 Q. And would he have also given you the 13 groundwater investigation work plan number of a 14 hundred thousand dollars? 15 A. Yes. 16 Q. Do you know if this investigation is 17 ongoing? 18 A. I believe it's slowly ongoing. 19 Q. Do you know how much--how many--strike that. 20 Would Craig Branchfield know, do you think, 21 the costs incurred to date? 22 A. Yes. 23 Q. Is there anyone within Monsanto, if you 24 know, who provides Craig Branchfield with assistance 25 in tracking costs incurred in connection with any Kaley, Robert Ph.D. MCWANE WATER PCB-SD0000045146 419 1 remedial activities or investigations? 2 A. No, I believe that's his, his 3 responsibility. 4 Q. What's Craig's background, if you know? 5 A. He's an environmental engineer. 6 Q. Page 21, it refers to ambient air 7 monitoring. What triggered Monsanto or Solutia to 8 retain ENSR to take air samples of ambient air at 9 locations near the Anniston facility and several 10 background locations? 11 A. Probably the prior air sampling conducted by 12 the plaintiffs' attorneys. 13 Q. As part of that air sampling, was that air 14 sampling looking for vapor form PCBs, as well as 15 particulate PCBs? 16 A. Yes, and unfortunately, it's very difficult 17 to differentiate those in the air sampling program, so 18 it was, it was looking for a combination of both. 19 Q. But they--but the testing that was done 20 would pick up both of those? You just can't 21 differentiate between-- 22 A. Well, there's a, there is a, there is a 23 prefilter which is supposed to collect the particulate 24 matter, and then the PCBs and the vapor form pass 25 through the prefilter and are collected on an Kaley, Robert Ph.D. MCWANE WATER PCB-SD0000045147 420 1 adsorbent, but unfortunately, as the air passes over 2 the soils that have been collected on the filter, it 3 can vaporize some of the PCBs, so it makes it very 4 difficult to differentiate, so you end up measuring, 5 basically, a combination of vapor form and particulate 6 matter, although I am told by the consultants that 7 based on their experiences other places, it's almost 8 all in the vapor form, that that's what's being 9 measured is the vapor form. 10 Q. Do you recall which consultants would have 11 told you that? 12 A. Would have been ENSR. 13 Q. Do you recall any particular individual 14 within ENSR who would have told you that? 15 A. I believe the contact is Bruce Maisel, 16 M-a-i-s-e-1. 17 Q. Do you recall the results of the work 18 performed by ENSR on behalf of Monsanto? 19 A. Yes, I've seen all those results. 20 Q. Were PCBs detected in any of the air 21 samples ? 22 A. PCBs were detected in most of the air 23 samples at levels comparable to background levels in 24 other urban areas in the United States. 25 Q. What, what levels were, were detected? Kaley, Robert Ph.D. MCWANE WATER PCB-SD0000045148 421 1 A. Most were around ten parts per--well, it's 2 ten nano--or ten nanograms per cubic meters. There 3 were some excursions up to as high as a hundred 4 nanograms per cubic meter, but those were very rare. 5 Q. Do you know how far away these excursions 6 were detected from the Anniston facility? 7 A. You mean how far from the facility? 8 Q. Yes. 9 A. These samples were all at the plant fence 10 lines. 11 Q. Okay. 12 A. The purpose of the program was to see if 13 PCBs were leaving the plant in the air. 14 Q. Do you recall what the plaintiffs' sampling 15 results, air sampling results have shown? 16 A. They were similar to what, what Monsanto had 17 found. 18 Q. Where within the plant were the highest PCB 19 levels detected with respect to air sampling? 20 A. They were really kind of sporadic and 21 random, but if there was any pattern at all, it was on 22 the, the north side of the plant. 23 Q. Which, which landfills located on the north 24 side of the plant? 25 A. None that I know of. Kaley, Robert Ph.D. MCWANE WATER PCB-SD0000045149 422 1 Q. Okay, were any excursions that you described 2 detected in connection with, with air sampling near 3 the west end landfill? 4 A. I don't recall. That was--the west end 5 landfill and the south landfill were typically low 6 numbers. Most of the higher numbers, on average, 7 were, were in that north area. 8 Q. What do you think accounts for those 9 excursions in that north area? 10 A. I wish I had an answer to that. I've 11 thought and thought about it: Don't know. 12 Q. Any of your consultants tell you what they 13 think caused those excursions in the north area? 14 A. Um, not that I know of, no. 15 Q. Now, in June of '99, on the next page, page 16 22, paragraph 35, it appears that EPA did air sampling 17 in the Anniston area. Do you recall that air 18 sampling? 19 A. I do. 20 Q. Do you recall where that air sampling was, 21 was done? Was it just on site? Was there some 22 offsite sampling? 23 A. They did some offsite sampling. 24 Q. Do you know how far away from the facility 25 EPA tested air samples? Kaley, Robert Ph.D. MCWANE WATER PCB-SD0000045150 423 1 A. Based on what's in paragraph 35, most of 2 them were fairly close to the facility except for the 3 Wellburn High School sampling. 4 Q. Do you recall whether there were any PCB 5 samples that tested higher than what you consider 6 background? 7 A. I believe there were a few. I don't, I 8 don't necessarily recall the exact numbers. I believe 9 a few did. 10 Q. Do you know where, where Wellburn High 11 School--how far Wellburn High School is from the 12 Anniston Plant? 13 A. I believe it's a couple of miles west. 14 Q. Do you know if there were any detections of 15 PCBs at Wellburn High School above the background 16 levels that you described earlier? 17 A. I, I believe there were not. 18 Q. What--if you could tell me again, what, what 19 do you consider to be background for PCBs, based upon 20 the ENSR study? 21 A. Well, it's--what I consider to be background 22 is not based upon the ENSR study. It's based upon my 23 reading of the literature, and it's, in urban areas, 24 it's about 10 nanograms per cubic meter. 25 Q. Do you know what urban areas were studied? Kaley, Robert Ph.D. MCWANE WATER PCB-SD0000045151 424 1 A. I don't recall exactly. Chicago, I think. 2 I think there was actually a study done in Gadsden, 3 Alabama. There have been a variety. 4 Q. So do you consider, do you consider Anniston 5 to be an urban area? 6 A. I believe it's an urban area, yes. 7 Q. You think Anniston is comparable to Chicago? 8 A. No. 9 Q. I've never been to Gadsden. Is it 10 comparable to Gadsden? 11 A. Probably bigger than Gadsden. 12 Q. Did you or anyone at Monsanto that you are 13 aware of provide comments to the laboratory results 14 prepared by EPA? 15 A. Uh, no. No, one at Monsanto prepared those 16 comments, prepared comments to EPA on their sampling 17 data. 18 Q. Did anyone on your behalf prepare comments? 19 A. No. 20 Q. On page 23, with respect to paragraph 37, 21 you have an opening line that says, "Solutia's 22 November 22nd, 1999, letter to ADEM contains the 23 following paragraph, summarizing Solutia's 24 understanding of the air level sampling results 25 available at that time." Do you see that? Kaley, Robert Ph.D. MCWANE WATER PCB-SD0000045152 425 A. I do. Q. What--if you could walk through and tell me, what air level sampling was available to Monsanto at that time? What does this--what air level sampling was, was looked at in preparing this paragraph? A. All the sampling from 1998 through 1999 up to the date of the preparation of the paragraph Q. Did you look at any air sampling that was. was done at the facility prior to that time frame? A. No. Q. Did Monsanto do any air sampling prior to that time frame? A. There was some sampling right at vents in the process done in 1970. Q. Do you recall the results of that air sampling? A. No, I don't, as I sit here. Q. Did you look at that air sampling in connection with preparing this, this paragraph? A. No, I didn't. Q. Do you know how the 1970 results compare with, with these later air sampling results? A. Oh, I'm sure they're higher, because they're at vent points in the PCB process, right at the process, so I'm sure they would have been Kaley, Robert Ph.D. MCWANE WATER PCB-SD0000045153 426 significantly higher. Q. Do you know if there was any off, offsite testing performed as part of that, the 1990--1970 air sampling that was done? A. There was none that I know of. Q. So you couldn't really do a good comparison, right? Because you were talking apples and oranges. A. That's correct. Q. Is it your contention that PCB vapors and PCB particulates would not have been transported through the air to locate--residential locations where they are finding detectable levels of PCBs? A. Yes, I would agree with that. I think that the--that there is no indication that the levels of PCBs in residential areas have been contributed to by air discharges from the Monsanto plant. Q. What do you, what do you base that upon in terms of---what do you base, what do you base that conclusion on? A. Primarily, the levels that we found, but also the fact that if, if there were an air pathway from the plant, there would be a recognizable plume of PCB levels along the main air pathway, the air direction from the plant, and also an air pathway can't explain the sporadic levels that we find where Kaley, Robert Ph.D. MCWANE WATER PCB-SD0000045154 427 1 you find a hundred parts per million in one yard and 2 nondetect in the next. That can't be explained by an 3 air pathway. 4 Q. Has Monsanto ever done any or contracted 5 anyone to do any air modeling, modeling with respect 6 to that particular issue? 7 A. I believe there's a little bit that has been 8 recently. 9 Q. And do you know who performed that work? 10 A. Yes, Dr. Gale Nofnagle. 11 Q. Do you know when that work wasperformed? 12 A. In the last year or so. 13 Q. And have you reviewed any of that modeling? 14 A. No, I haven't. 15 Q. Do you know who within Monsanto would have 16 reviewed that air modeling? 17 A. Craig Branchfield. 18 Q. Was that air modeler someone who was hired 19 by a law firm or by Monsanto? 20 A. By Monsanto. 21 Q. Do you haveany personalexperience with, 22 with evaluating air modeling results? 23 A. No. 24 Q. Have you ever done any air modeling 25 yourself? Kaley, Robert Ph.D. MCWANE WATER PCB-SD0000045155 1 A. No. 428 2 Q. Do you know if Craig Branchfield has any 3 experience with air modeling? 4 A. I don't know. 5 Q. Can you name anybody within Monsanto that 6 has experience with air modeling? 7 A. Uh, no. 8 Q. If I wanted to talk with, with someone 9 within Monsanto about air modeling, who would I speak 10 with? Anybody? 11 A. I don't know. 12 Q. Other than Gale Hofnagle, is there anybody 13 else who has performed any air modeling with respect 14 to the Anniston facility? 15 A. Not that I'm aware of. 16 Q. Do you recall reading any, anyone else's 17 evaluation of Gale Hofnagle's air modeling? 18 A. No. 19 Q. Do you, do you know any of the conclusions 20 that Gale Hofnagle reached? 21 A. I've not seen the report. 22 Q. Do you know if she's issued a report? 23 A. I believe there is a report. I'm not sure. 24 I think there is one, yes. 25 Q. Do you know who would have that report? Kaley, Robert Ph.D. MCWANE WATER PCB-SD0000045156 1 A. Craig. 429 2 Q. Have you ever had any discussions with Craig 3 about that report? 4 A. No. 5 Q. If you would, please, open up the map that 6 we were looking at earlier. 7 (Witness complies.) 8 Q. (Continuing) Now, it appears on--and you 9 probably should have the affidavit at hand--on page 10 24, paragraph 39, apparently, Solutia was asked by 11 ADEM to undertake a--several activities including the 12 delineation of Area of Concern B. Do you see that? 13 A. Oh, I'm sorry, on page 29. 14 Q. I'm on page 24. I'm sorry. 15 A. 24? 16 Q. Yes. 17 A. Paragraph 39 in the middle, there? 18 Q. Yes. 19 A. Yes. 20 Q. Okay. Now, area--we've, we've written in 21 Area of Concern B, AOC-B, and that is the area that 22 would encompass the south landfill; is that correct? 23 A. Yes. Can I read this,-- 24 Q. Oh, yeah. Yeah. 25 A. --to make sure we're talking about the same Kaley, Robert Ph.D. MCWANE WATER PCB-SD0000045157 430 AOC-B? Q. Right. (Witness peruses document.) A. Okay, I've read it, and we're not talking about the same AOC-B,-Q. Okay. A. --because this clearly talks about AOC-B being the hundred-year flood plain, the Snow Creek, Choccolocco Creek, and Lake Logan Martin between Choccolocco Creek and the Logan Martin Dam, and that's not on this map, obviously. Q. Okay, can you mark on, on that map--I guess we should call it affidavit AOC-B, if you know where that location is? A. Oh, it's not on this map at all. Q. Okay, do you know if--have you seen a map that identifies that area? A. Well, obviously, Figure 2 in Exhibit 48 must define it. I don't have the exhibits to this. I mean, I've obviously seen it and attached it as an attachment to this affidavit but I don't, I don't know where that, you know, where that attachment might be, at this point. Q. And this clearly is an affidavit that was filed with the court, so very likely, this court has Kaley, Robert Ph.D. MCWANE WATER PCB-SD0000045158 431 copies of the, of the exhibits? A. I--yes, I would believe so. Q. If you would, look on--we're still on page 24 in that first indented paragraph A. Okay. Q. Would you mark the, what's referred to as the east side ditch? Is that not on this map? A. That's what I've discussed. That's what we already circled Q. Okay, and, and the -- and can you mark where the 11th Street ditch is? I don't believe we've done that. A. It's not on this map. Q. Okay, where, where would that be located? A. It would be off the upper right-hand corner of that map. Q. Do you know any other areas in the Anniston Plant that were prone to flooding? A. No, I don't. Q. Do you know if the Anniston Plant is located within the hundred-year flood plain? A. I believe it is not. I'm sure it's not, because I think the flood plain is the one you find for Snow Creek and Choccolocco Creek, and it's nowhere near enough to Snow Creek to be part of the flood Kaley, Robert Ph.D. MCWANE WATER PCB-SD0000045159 1 plain. 432 2 Q. If you look at page 25, it's the first, the 3 first paragraph, not the first complete paragraph, but 4 it's carried over from the prior page. It says, 5 "After," "After"--where it reads Exhibit 50-A, it says 6 "Solutia is awaiting ADEM approval for these work 7 plans," which is referring to additional work plans 8 for remedial activities. Do you see that? 9 A. Yes, I do. 10 Q. Has that approval since been given, since 11 this affidavit was signed? 12 A. I don't know. 13 Q. What can you tell me--what involvement have 14 you had with the Alabama Department of Transportation 15 with respect to a bridge construction site on Highway 16 21? 17 A. I attended some of the early meetings, 18 discussing their concerns with potential for PCBs to 19 be present in an area they were going to do some 20 construction. 21 Q. Do you know why they, why they had these PCB 22 concerns? 23 A. Well, because it was after the time that 24 there started to be publicity about PCBs in 25 Choccolocco Creek and they were concerned about PCBs Kaley, Robert Ph.D. MCWANE WATER PCB-SD0000045160 433 in the side banks and sediments. Q. And do you know if testing of those side banks and sediments for PCBs has been done? A. Yes, it has. Q. And were PCBs detected? A. Yes . Q. Do you know at what levels they were detected? A. Tens of parts per million and higher, I believe. In some, some limited areas. Q. Do you know if those sediments were--and soils were tested for lead or other heavy metals? A. I don't know. Q. Who would know that information? A. Craig would know or the Department of Transportation would know. They did some of their own testing, so we --I'm not sure we have all of their results. Q. Was Craig also involved with, with this work described in this paragraph? A. Oh, very much so. Q. Were you involved at all with the work in connection with the Quintard Mall? A. I was aware it was going on and had discussions with Craig about it. Kaley, Robert Ph.D. MCWANE WATER PCB-SD0000045161 434 1 Q. Do you know when PCBs were detected in soils 2 at Quintard Mall? 3 A. I don't know the particular date, no. 4 Q. Do you know if lead was detected in those 5 soils ? 6 A. I don't know. 7 Q. Do you know if they tested for lead? 8 A. I don't know. 9 Q. And Craig would know that, you think? 10 A. Yes, he would. 11 Q. And it begins on page 25, paragraph 41, and 12 carries over on to page 26, there's a reference in 13 here that DDT was detected. Are you familiar with 14 that? 15 A. Yes. 16 Q. Do you know the source of that DDT as you 17 sit here today? 18 A. No. 19 Q. Have any of your consultants provided you 20 with any, any theories on how that DDT would have, 21 would have reached that location? 22 A. No. 23 Q. And is it your testimony that that DDT was 24 not associated with any of the operations at the 25 Anniston Plant? Kaley, Robert Ph.D. MCWANE WATER PCB-SD0000045162 1 A. Yes. 435 2 Q. Who did you speak with to confirm that? 3 A. I don't know that I spoke with anybody. I'm 4 just aware that Monsanto did not manufacture DDT at 5 the Anniston Plant. 6 Q. Right, it manufactured parathion; is that 7 correct? 8 A. Yes, it did. 9 Q. And was parathion also an insecticide? 10 A. Yes, but it's very different: Very 11 different chemistry. 12 Q. What can you tell me about paragraph 42? It 13 discusses a request for information, a RCRA 3007 14 questionnaire. Have you seen a RCRA 3007 15 questionnaire? 16 A. I'm sure I saw it, yes. 17 Q. Did you assist in providing a response to 18 that RCRA 3007 questionnaire? 19 A. Yes. 20 Q. Do you recall what that questionnaire asked 21 for? 22 A. As I sit here today, not specifically. I 23 believe it asks for the information that, that we 24 subsequently, in that paragraph, described as 25 submitting to them; blood sampling, soil sampling, and Kaley, Robert Ph.D. MCWANE WATER PCB-SD0000045163 1 air sampling results. 436 2 Q. In here, it says that the information, the 3 request was for information generated by the 4 plaintiffs' attorneys. How do you know that? 5 A. I--if the letter requested, didn't say that 6 specifically, I know that from discussions with EPA. 7 Q. Who else would have had discussions with EPA 8 in connection with that RCRA 3007 questionnaire? 9 A. I'm sure Craig was involved. 10 Q. Would Craig have been the main person to 11 provide a response to that questionnaire, or would 12 that have been your responsibility? 13 A. I believe I did it; I'm not sure. Certainly 14 did a lot of the work. I don't know whether I signed 15 the cover letter or not. It may have been because it 16 was a, a EPA request, it may have been signed by an 17 attorney. I'm not sure. 18 Q. Paragraph 43, you reference a draft public 19 health assessment prepared by the Agency For Toxic 20 Substances and Disease Registry. 21 A. Yes. 22 Q. Are you familiar with that particular draft? 23 A. Yes. 24 Q. In here, you said Solutia disagrees with 25 some--disagreed with some of the characterizations of Kaley, Robert Ph.D. MCWANE WATER PCB-SD0000045164 437 1 potential exposures and potential health risks, and 2 filed comments. 3 A. Yes. 4 Q. What, what disagreements did, did Solutia 5 have with respect to the characterization of the 6 potential exposures? 7 A. I would hate--I--there have been a number 8 of, of draft public health assessments, and we have 9 provided comments on all of those, and I wouldn't want 10 to give any specific answers without seeing which 11 particular document was being commented on. 12 Q. Have you--do you recall whether, whether 13 Monsanto consistently disagreed with the ATSDR public 14 health assessments? 15 A. We disagreed with points in those 16 assessments. I don't know that we consistent--I 17 wouldn't characterize it as consistently disagree. We 18 had points of disagreement within each one, but there 19 was --I think there were things we did not disagree 20 with, or I know there were. 21 Q. Now, I'm not talking specific to this draft, 22 but can you recall any disagreement that you had with 23 respect to the characterization of potential 24 exposures? Not limited to this, but this and other 25 draft assessments? Kaley, Robert Ph.D. MCWANE WATER PCB-SD0000045165 438 1 A. I, I don't recall specifically what those 2 comments said. I believe they misinterpreted some 3 pathways, I think they misinterpreted some of the data 4 that had been given to them by plaintiffs' attorneys 5 on the ages of some of the people that were being 6 exposed--there were a number of things. 7 Q. Do you recall the potential health risks 8 that you disagreed with? 9 A. Uh, yes. 10 Q. And what potential health risks did you 11 disagree with? 12 A. I disagreed with the potential for 13 carcinogenicity, and I disagreed, or the company 14 disagreed with their characterization of potential 15 risks to children. 16 Q. Has Monsanto been involved in any, in any 17 studies that look into the carcinogenicity of PCBs? 18 A. Minimally, yes. 19 Q. And what, what studies have they been 20 involved with? 21 A. There was a very small study done at the 22 Krummrich Plant on our workers who had worked in the 23 PCB process. 24 Q. What did those studies indicate? 25 A. Well, they were really too small to indicate Kaley, Robert Ph.D. MCWANE WATER PCB-SD0000045166 439 1 anything, but there was a finding, I believe, of an 2 excess of lung cancer, consistent with the excess lung 3 cancer that is present in St. Clair County, Illinois, 4 where the plant is located. 5 Q. What do you mean by that, by "excess of lung 6 cancer"? What does that mean? 7 A. It means that there were more lung cancers 8 in that small cohort than would have been expected 9 based on national averages. 10 Q. Who made the decision on how many 11 employees--who was involved with the preparation of 12 that study? 13 A. Uh, I believe it was done by a Dr. Zack and 14 a Mr. Mush. 15 Q. Do you know if, if either of those 16 individuals are epidemiologists? 17 A. I believe they both were, are, were. 18 Q. Is it your testimony that that, that study 19 is insignificant because they, they didn't take a 20 proper statistical sampling? 21 A. Well, I don't know about their sampling. 22 It's insignificant because the numbers involved 23 weren't large enough to be meaningful in an 24 epidemiology study. 25 Q. And are you an epidemiologist? Kaley, Robert Ph.D. MCWANE WATER PCB-SD0000045167 440 1 A. Not trained as an epidemiologist, no. 2 Q. And so you, you don't think that a study 3 performed by an epidemiologist was sufficient? 4 A. It was a study; the study was sufficient. 5 It wasn't a meaningful study. The results aren't 6 meaningful compared to other epidemiology studies of 7 PCBs because the numbers are so small, and I'm 8 certainly not the only person that believes that. In 9 fact, it was not able even to be published in the 10 peer-reviewed literature because it was so small that 11 it couldn't be, it wasn't meaningful. 12 Q. Did--and this is work that Monsanto 13 requested be done? 14 A. It was work that Monsanto did. 15 Q. Okay. Now, why would Monsanto undertake a 16 study--I mean, didn't Monsanto know that, know the 17 number of people that they were looking at when they 18 did the study? 19 A. Sure. 20 Q. So why would Monsanto undertake a study that 21 would be statistically meaningless? 22 A. I don't know the answer to that. 23 Q. Okay. Is that something you've questioned 24 in the past, why they would do something like that? 25 A. Yes. That particular, that particular Kaley, Robert Ph.D. MCWANE WATER PCB-SD0000045168 441 1 study, yes. 2 Q. No, I know you don't agree with the results, 3 but certainly-- 4 A. No, I agree with the results. The results 5 are what they are. 6 Q. Right, they are what they are, but they're, 7 in your mind, they're statistically meaningless. 8 A. I think they do not carry much weight when 9 compared with other epidemiology studies in the United 10 States of PCB-exposed workers, that's correct, but 11 they certainly can be taken into consideration. 12 Q. Do you know if there's a--have you seen a 13 copy of this study? 14 A. I'm sorry, which study? 15 Q. Of the study that was performed by 16 Monsanto -- 17 A. Yes. 18 Q. --at the Krummrich. 19 A. Yes. 20 Q. Do you have a copy of that study? 21 A. Yes. 22 Q. Do you have a copy of that study in your 23 personal files? 24 A. Yes. 25 Q. What is it about the, the sampling, sampling Kaley, Robert Ph.D. MCWANE WATER PCB-SD0000045169 442 1 information provided by--here, you described Alabama 2 regulatory agencies, that--well, first of all, do you 3 believe that the sampling results that the Alabama 4 regulatory agencies provided to ATSDR had problems? 5 MR. NASSIF: Object to the form. 6 BY MR. LANGLAIS: 7 Q. Let me ask it this way: What was wrong with 8 the, with the sampling information and analysis 9 results provided by Alabama regulatory agencies? 10 A. I don't believe this says there was anything 11 wrong with it. It says it was information 12 relied--that that was among the information relied 13 upon by ATSDR to do the health consultation. 14 Q. Okay. 15 A. I don't know that there was anything wrong 16 with it. 17 Q. Okay, I just want to make sure this, this 18 describes the information, apparently, that was given 19 to ATSDR, and I just want to make sure, is your 20 problem with ASDR (sic) more with their evaluation of 21 the information that was provided to them, or is your 22 problem more with the information, itself? 23 MR. NASSIF: Object to the form. 24 BY MR. LANGLAIS: 25 Q. (Continuing) You can go ahead and answer. Kaley, Robert Ph.D. MCWANE WATER PCB-SD0000045170 443 A. I don't know what you mean by my problem with ATSDR. I don't have a problem with ATSDR. Q Okay. A Monsanto, when it received drafts of these health consultations, provided comments, and there were certain points of disagreement, and I don't--with--as I said earlier, without seeing the particular draft, because there were a number of them, and the particular comments, I'm uncomfortable trying to tell you exactly what those comments addressed in any particular set of comments. Q Have you had communications with anyone within ATSDR concerning any of these draft health consultations? Any verbal communications? A Occasionally, yes. Q Who within ATSDR have you spoken with, if you recall their name? A His first name is Clint or Quint. I'm sorry, I can't --I can see his face but I can't come up with his name Q Okay. A I mean, there is a particular person who I have spoken to. Q. Paragraph 27 describes some EPA sampling of residential and what, what's referred to, here, as Kaley, Robert Ph.D. MCWANE WATER PCB-SD0000045171 1 communal areas in Anniston. 444 2 A. Mm-hmm. 3 Q. Can you tell me what, what is meant by 4 "communal areas"? 5 A. Paragraph 27, you mean? 6 Q. I'm sorry, it's page 27, paragraph 45. 7 A. Okay. 8 Q. What's meant by "communal areas"? 9 A. I think there was a public park was among 10 those areas sampled. That's the kind of thing they 11 were sampling. 12 Q. It appears that the samples were analyzed 13 for PCBs, pesticides, metals, and other compounds? 14 A. Yes, that's what's stated. 15 Q. What metals were tested for, if you know? 16 A. I don't know-- 17 Q. Do you know if lead-- 18 A. --as I sit here. 19 Q. Do you know if lead was one of those metals? 20 A. I'm sure it was. 21 Q. Do you know what other compounds were tested 22 for? 23 A. My understanding was that this was probably 24 a, a, what they call a broad scan analysis, so there 25 would have been a number of, of organic compounds of, Kaley, Robert Ph.D. MCWANE WATER PCB-SD0000045172 1 of interest. 445 2 Q. Does EPA have a specific protocol that they 3 follow in connection with what, what, what should 4 be--what samples should be--I mean what compounds they 5 should be analyzing the samples for? 6 A. Yes, they do. 7 Q. Do you know, do you know what protocol that 8 is? 9 A. I call it a broad scan analysis. That's not 10 the official name,-- 11 Q. Okay. 12 A. --but I mean it's basically an outgrowth of 13 the TOSCA sampling program, Toxic Substances Control 14 Act sampling. 15 Q. Did you work, did Monsanto work with EPA in 16 connection with these environmental samples? 17 A. No. 18 Q. Did--are you aware if Monsanto took split 19 samples ? 20 A. I believe we did not. We wouldn't have had 21 access to the residential properties. 22 Q. Is it your testimony, is it your testimony 23 that Monsanto didn't have the opportunity to get split 24 sampled? 25 A. I can't sit here and say we didn't have the Kaley, Robert Ph.D. MCWANE WATER PCB-SD0000045173 446 1 opportunity. I do not believe that we would have--I 2 mean, I'm sure we did not participate in this sampling 3 program. I'm not going to say we couldn't have; I 4 don't know. 5 Q. Do you think Craig Branchfield would know? 6 A. I, I don't know. I mean, I'm sure we 7 weren't --I mean, this was not something that we were 8 asked to participate in. It was a done deal by the 9 time we learned of it. 10 Q. Do you know what kind of lead levels were 11 detected as part of this EPA sampling event? 12 A. I don't. 13 Q. Page 28, paragraph 46, it says "EPA has 14 conducted and continues to conduct additional phases 15 of its sampling and analysis program in Anniston and 16 nearby areas." It says here "Results are not 17 available for any of these other sampling events," 18 but as you sit here today, do you know if, if these 19 results are now available? 20 A. I don't, because this, this paragraph was so 21 general, I think we knew things were going on, I 22 assume they are. I mean, it's been five or, I guess, 23 four years, so I assume they are available. 24 Q. This is like kind of like a catch-all thing 25 because you know EPA was continuing to do various Kaley, Robert Ph.D. MCWANE WATER PCB-SD0000045174 1 investigations ? 447 2 A. Yes. I believe they have stopped doing 3 their own sampling. I believe that Solutia is doing 4 the sampling now, but I, I assume those results are 5 available. 6 MR. LANGLAIS: This is probably a good time 7 to break for lunch. He's got to change a tape. 8 MR. NASSIF: Okay. 9 THE VIDEOGRAPHER: This will end tape number 10 2 in the deposition of Robert Kaley II. Going off the 11 record at 12:12 P.M. 12 (Luncheon recess.) 13 THE VIDEOGRAPHER: We're back on the record 14 at 1:11 P.M. This begins tape number 3 in the 15 continuance of the deposition of Robert Kaley II. 16 BY MR. LANGLAIS: 17 Q. Mr. Kaley, I realize that you have served as 18 a fact witness in several lawsuits relating to PCBs, 19 and also maybe at least on one occasion, you've served 20 as a corporate representative on Monsanto; is that 21 correct? 22 A. Yes. 23 Q. Have you ever served as an expert witness in 24 any PCB-related lawsuits? 25 A. I believe once. Kaley, Robert Ph.D. MCWANE WATER PCB-SD0000045175 448 1 Q. Do you recall-- 2 A. It was actually an arbitration. 3 Q. Okay. What was involved with that 4 arbitration? 5 A. It was a dispute over cleanup costs in a 6 building in San Francisco. 7 Q. Okay. Did you file an expert report in 8 connection with that arbitration? 9 A. I don't recall. 10 Q. Could you spell--you've mentioned Gale 11 Hofnagle. Do you know how to spell that? 12 A. I think it's H-o-f-n-a-g-l-e. 13 Q. Can you tell me who Gale Hofnagle works for? 14 A. I believe he's self-employed. 15 Q. Now, you mentioned earlier that, that in 16 response to--in response to plaintiff's modeling-17 MR. NASSIF: Jim? He's getting the static 18 on the audio. 19 THE VIDEOGRAPHER: Off the record at 1:12 20 P.M. 21 MR. NASSIF: Somebody has now accessed this 22 phone again that doesn't have their phone on mute. 23 THE VIDEOGRAPHER: That's real prominent, 24 too. 25 MR. NASSIF: When you are asking a question, Kaley, Robert Ph.D. MCWANE WATER PCB-SD0000045176 1 you are getting blanked out. 449 2 MR. LANGLAIS: Does anyone not have their 3 phone on mute? Can you all, please, check to see if 4 you're on mute? We're getting a lot of static. 5 MR. TAYLOR: This is Jerry. I'm in and out. 6 MS. LAVEY: Did somebody just dial in 7 recently, a second ago? 8 MR. LANGLAIS: Who just dialed in? Did 9 someone just come on line? 10 MS. SMITH: I don't think so. I think it's 11 just a problem that we're having. 12 MR. LANGLAIS: I tell you what, why don't 13 you all get off the line and give me, give me a 14 minute, let me call in to see if this will ask me for, 15 the number, the moderator number? So don't dial in 16 yet; give me a minute after you hang up. 17 MR. TAYLOR: Then dial in. 18 MR. LANGLAIS: Okay. 19 MR. TAYLOR: How many minutes? 20 MR. LANGLAIS: I just need--how about two? 21 MR. TAYLOR: Okay. 22 (Discussion off the record.) 23 THE VIDEOGRAPHER: We're back on the record 24 at 1:17 P.M. 25 BY MR. LANGLAIS: Kaley, Robert Ph.D. MCWANE WATER PCB-SD0000045177 450 1 Q. Mr. Kaley, with respect to the modeling that 2 Monsanto, Monsanto did that we had discussed earlier, 3 was, was that modeling report submitted to any 4 governmental agencies? 5 A. I may--you and I may be talking about two 6 different things. I--the report that Mr. Hofnagle 7 did, I believe, is interpretation of the most recent 8 air sampling data. It is not a theoretical modeling 9 data. 10 Q. Okay. Well, thank you for that 11 clarification. 12 A. And I believe it will be submitted to an 13 agency if it has not been. It will be submitted to 14 both EPA and ADEM if it has not already been. It may 15 have been. 16 Q. Do you know if the plaintiffs have done any 17 modeling? 18 A. I'm sure they have not. 19 Q. Paragraph 18 of the affidavit that we were 20 going through refers to the north drainage ditch, and 21 I just want to make sure I understand where the north 22 drainage ditch is located. Would you, would you mind 23 opening up to that map and indicating where the north 24 drainage ditch is? I believe you've testified that 25 the, the 11th Street drainage ditch is actually off Kaley, Robert Ph.D. MCWANE WATER PCB-SD0000045178 1 the map? 451 2 A. Right. 3 Q. Off to the upper right-hand corner. Where 4 is the north drainage ditch located? 5 A. It's also north of the--it's north of these 6 railroad tracks, and there's no indication--it's a 7 blank space on the map, but it's basically in the 8 general area of the blank space in the middle of the 9 top middle of the map. 10 Q. Would you mind indicating, just put "North 11 drainage ditch" in the area that you believe the ditch 12 is located? 13 (Witness complies.) 14 Q. Okay. Thank you. I just want to follow up 15 on Paragraph 20 of the affidavit, which is on page 12, 16 and this concerns the lower detention basin. Now, am 17 I correct, it seems to, it seems to be that the lower 18 detention basin can, can hold a 25-year flood but 19 would not have the capacity to hold a hundred-year 20 flood; is that correct? Oh, hundred-year storm; I'm 21 sorry. 22 A. Yes, my understanding--yes, it would hold 23 the 25-year storm and would not hold but would channel 24 the runoff from a hundred-year storm. 25 Q. Okay, and where were the runoff from a Kaley, Robert Ph.D. MCWANE WATER PCB-SD0000045179 452 1 hundred-year storm be channeled? 2 A. Through the same drainage that exists for 3 that basin at this point. 4 Q. Which-- 5 A. To the discharge point past the remediated 6 area on the east side of the plant. 7 Q. So it would go through the, the east side 8 drainage ditches in the south end-- 9 A. Well, they're--it's not drainage ditches 10 anymore; it's piped. 11 Q. Okay. You mentioned a name earlier, a Mike 12 Foresman? 13 A. Yes. 14 Q. How do you spell Mike Foresman's last name? 15 A. F-o-r-e-s-m-a-n. 16 Q. Does Mike Foresman--does Mr. Faust report to 17 Mike Foresman? 18 A. He did. He doesn't any more. 19 Q. Okay, and does Mike Foresman report to Mike 20 Pierle? 21 A. At one point, he did. He does -- neither one, 22 neither Mr. Pierle nor Mr. Foresman work for the 23 company anymore. 24 Q. And when you say "the company," they don't 25 work for Solutia, either? Kaley, Robert Ph.D. MCWANE WATER PCB-SD0000045180 453 1 A. That's correct. 2 Q. Okay, but at one point, the kind of the, the 3 order in which the hierarchy with respect to those 4 individuals would be Mike Pierle, and then it 5 would--the lower person would be Mike Foresman, and 6 then Mr. Faust? 7 A. That's my recollection. 8 Q. Okay. 9 A. I believe that's correct. 10 Q. Is Mike Foresman located in St. Louis? 11 A. The last I knew, he was. I don't know. 12 Q. But as far as, um, when he worked for 13 Monsanto, was he in the -- 14 A. Oh, yes. 15 Q. --St. Louis office? 16 A. I'm sorry, yes. 17 Q. That's okay. I just want to make sure the 18 record is clear. When, when--Santotar and Montar, are 19 those the same things? 20 A. Yes. 21 Q. Now, when you mentioned earlier that still 22 bottoms from biphenyl production are called Montars; 23 is that correct? 24 A. One of the Montars is the still bottoms from 25 the polyphenyl production, that is correct. Kaley, Robert Ph.D. MCWANE WATER PCB-SD0000045181 454 1 Q. What are the other Montars? 2 A. Most, if not all of them, were still bottoms 3 from the polychlorinated biphenyl process. 4 Q. Now, why--you had mentioned earlier that the 5 Montars would not have contained any PCBs; is that 6 correct? 7 A. No, what I said was that the Montar that 8 went to the Montar pit would not have contained PCBs. 9 It was only the Montar from the polyphenyl process, 10 the nonchlorinated Montar. 11 Q. And where, where did you obtain that 12 particular information? 13 A. I don't know. 14 Q. Why would, why would the--where would the, 15 the Montars from the PCB process, where were they 16 placed? 17 A. If they were not sold, they were drummed and 18 placed in the landfill. 19 Q. Okay. If you would, please, turn to Exhibit 20 1, which we introduced yesterday and discussed today. 21 On page 2 at the top of that, there is a reference to 22 lead being recovered after the process was shut down. 23 Do you see that? 24 A. Yes. 25 Q. I know you don't know who the individuals Kaley, Robert Ph.D. MCWANE WATER PCB-SD0000045182 455 1 are, but do you know when and what year the lead was 2 recovered? 3 A. I would presume it was 1964, when the last 4 unit was shut down, then it was probably throughout 5 the time that the units were being shut down, so I 6 would say it was probably several times between 1961 7 and 1964, but the real fact is, I don't know. 8 Q. Do you know to whom the lead was sold? 9 A. I do not. 10 Q. Now, you had discussed earlier the Krummrich 11 study on the Krummrich workers -- 12 A. Yes. 13 Q. --that Monsanto had performed. Were there 14 ever any similar studies performed with respect to 15 Anniston workers? 16 A. No. 17 Q. How about studies at other Monsanto plants? 18 A. PCB workers? 19 Q. Yes. 20 A. No, there haven't been any other PCB plants, 21 I mean Newport --not--no. 22 Q. Was that Krummrich study ever, ever 23 submitted to any governmental agencies? 24 A. Yes, the government has them. 25 Q. The federal government? Kaley, Robert Ph.D. MCWANE WATER PCB-SD0000045183 1 A. Yes. 456 2 Q. Was it submitted to EPA? 3 A. I don't know. Probably. I mean, it's 4 referred to in governmental reports. That's how I 5 know that. 6 Q. Now, with respect to the ATSDR work, you 7 said you essentially discussed two issues. You had, 8 you had, um, issues with respect to the 9 carcinogenicity of PCBs and with PCBs' effect on 10 children; is that correct? 11 A. Those are the--I mean, these are two of the 12 issues I addressed. These are the two that I recall 13 specifically addressing potential health effects. 14 Q. What--we haven't talked about the, the 15 effects on children. What issues did you have with 16 what ATSDR was saying about what effects PCBs have on 17 children? 18 A. I believe they place, they 19 have--overinterpret the significance of the literature 20 suggesting that there might be neurodevelopmental 21 effects in children from prenatal exposure to PCBs. 22 Q. What other things do they say are 23 associated? Do they believe ATSDR is associated with 24 children being exposed to PCBs, if you recall? 25 A. That's all, neurodevelopmental effects. Kaley, Robert Ph.D. MCWANE WATER PCB-SD0000045184 457 1 Q. How about reduced birth weight? 2 A. Well, that's a developmental effect. 3 Q. Okay, and how about immunological 4 alterations? Do you categorize that as a-- 5 A. That's probably--I don't know whether they 6 refer to that in those, those or not, but there is 7 some literature to that effect. 8 Q. And is it your opinion that children exposed 9 to PCBs, that the, that the current scientific studies 10 do not support that PCBs have connection with neuro, 11 neurobehavioral effects in children? 12 A. That's my belief and understanding of the 13 literature, yes. 14 Q. And that belief is based upon your review 15 of, of medical literature in various studies? 16 A. That's correct. 17 Q. What studies have you, have you reviewed to 18 lead you to that conclusion? 19 A. There are dozens of them. I mean, there are 20 essentially five or six cohorts of children out there 21 that are--have been or are being studied, and there 22 are tens of papers from each of those cohorts. 23 Q. Do you know if Monsanto has ever, has ever 24 been involved in any studies with respect to the 25 effects of PCBs on children? Kaley, Robert Ph.D. MCWANE WATER PCB-SD0000045185 458 1 A. Not that I know of. 2 Q. Do you know if the American Chemistry 3 Council has ever been involved in any PCB studies and 4 their effects on children? 5 A. As far as carrying out the studies, I don't 6 believe so. 7 Q. How about interpreting the studies? 8 A. Well, I think we talked it yesterday about 9 reviews that had been commissioned by ACC and 10 submitted to governmental agencies reviewing that 11 literature. 12 MR. LANGLAIS: I think that's all the 13 questions I have at this time. 14 EXAMINATION 15 QUESTIONS BY MS. O'NEAL: 16 Q. Dr. Kaley, my name is Lynne O'Neal, and I 17 represent Phelps Dodge, and in an effort to get us all 18 out of here sooner rather than later, I will do my 19 level best not to repeat anything that you've already 20 been asked in a day and a half, but I did have a few 21 follow-up questions and a couple of other series of 22 questions. If you don't understand any question I'm 23 asking you or if you think that, perhaps, we're 24 dealing with semantic issues, if you would, let me 25 know, because I want to make sure that your questions Kaley, Robert Ph.D. MCWANE WATER PCB-SD0000045186 459 1 and my answers match, so that anyone that can-- 2 A. Or vice versa? 3 (Laughter.) 4 Q. Exactly. Exactly. I'll try to edit as we 5 go. Did you indicate, I believe, in your testimony 6 earlier, that you had had a conversation with Jim 7 Bryant within the past several years? 8 A. Yes. 9 Q. Is that right? What precipitated that 10 contact? 11 A. He called to let me know he'd been called by 12 the reporter from the Anniston Star. 13 Q. At the time that you had the conversation 14 with Mr. Bryant, did you gain an understanding as to 15 whether or not he had already participated in any 16 interviews with the Anniston Star on the mercury 17 issue? 18 A. I believe I understood that he had. 19 Q. And what did Mr. Bryant tell you during the 20 course of that conversation other than that he had 21 been contacted by reporters on the mercury issue? 22 A. Nothing. 23 Q. Did he give you any substance with regard to 24 his conversations or the subjects of the inquiry? 25 A. No. Kaley, Robert Ph.D. MCWANE WATER PCB-SD0000045187 460 1 Q. And did Mr. Bryant indicate to you the 2 purpose in calling you? 3 A. It was just giving me a heads up. 4 Q. How did you know Mr. Bryant? 5 A. I'd known him when we both worked at 6 Monsanto. 7 Q. In earlier testimony today, you were talking 8 about the buyback program and how that expanded one 9 time to include two or three additional areas. Do you 10 recall that? 11 A. Yes. 12 Q. The initial buyback area, I believe you 13 indicated there were 40 properties that could have 14 participated, and all but two or three did. Is that 15 correct? 16 A. That it is my understanding, yes. 17 Q. How many properties were included in the 18 expansion area? 19 A. I believe it was in the neighborhood of 20 twenty. 21 Q. And-22 A. Uh-- 23 Q. --how many of those--I'm sorry, I didn't 24 mean to interrupt. 25 A. I--there was one large landholder, so it was Kaley, Robert Ph.D. MCWANE WATER PCB-SD0000045188 1 a much smaller number. 461 2 Q. And how many of those properties 3 participated? 4 A. I think I said all but one. 5 Q. All but one? Perhaps I misunderstood your 6 earlier testimony, but my notes indicated that you 7 said that the south landfill did not flood because it 8 was located on a mountain. 9 A. That's correct. 10 Q. Is that correct? Would you, then, disagree 11 with the statement that the south landfill is located 12 at the base of Cold Water Mountain? 13 A. No. 14 Q. Not on the mountain, itself? 15 A. Well, we may be quibbling. I mean, it's 16 clearly on the slopes, downward slopes of the 17 mountain. It is not on flat ground; it is on a 18 sloping part of the mountain. 19 Q. But it is at the base of the mountain; 20 wouldn't you agree? 21 A. Yes. 22 Q. And in fact, the south landfill, at least 23 during a portion of its history, had an exposed clay 24 or dirt wall. 25 MR. NASSIF: Is that a question? Kaley, Robert Ph.D. MCWANE WATER PCB-SD0000045189 462 1 MS. O'NEAL: Question mark. 2 (Laughter.) 3 A. I don't know what that means. 4 MR. NASSIF: I'm sorry. 5 BY MS. O'NEAL: 6 Q. You don't know what that means? Uh, if you 7 were to observe the south landfill from the Monsanto 8 fence line -- 9 A. Well, I'll, I'll assume I know-- 10 Q. Directly across -- 11 A. --what you mean. The Mon-12 Q. --Highway 202. 13 A. Pardon? From across from Highway 202? 14 Q. Yes . 15 A. Okay. 16 Q. And you are gazing across at the south 17 landfill,-18 A. Okay. 19 Q. --do you recall having done so and seeing 20 the exposed side of the mountain, i.e., a clay or dirt 21 wall exposed? 22 A. No. Now, during construction of the cover, 23 there was probably exposed clay during that 24 construction time in the 1990's, but besides -- 25 Q. During the '60's and '70's, it's your Kaley, Robert Ph.D. MCWANE WATER PCB-SD0000045190 463 1 testimony that there was an exposed wall? 2 A. It's my testimony that there was? 3 Q. Not an exposed wall. 4 A. No, it's my testimony that I have no idea. 5 Q. You testified at some length with regard to 6 lead use at the Anniston facility. Who besides you 7 would have knowledge of the lead use at the Anniston 8 facility? 9 A. I think Jerry Brown's name has been raised. 10 Q. Anyone else? 11 A. Not that, that I know of. 12 Q. What were your instructions to Jerry Brown, 13 if any, concerning investigation or research into the 14 historical use of lead at the Anniston facility in 15 order to prepare your letter to ADEM? 16 A. I don't know that I gave Jerry any specific 17 instructions. I believe we got the request from ADEM 18 and Jerry and I, and I don't know whether it was Alan 19 or Craig at the time discussed what our approach would 20 be, along with the attorneys. It was, it was joint 21 effort. I mean, I was in no position to give Jerry 22 instructions. I think he relayed the information he 23 had to me, and it was incorporated into my report. 24 Q. What did you understand Jerry's 25 responsibilities to do --to be with regard to that Kaley, Robert Ph.D. MCWANE WATER PCB-SD0000045191 1 project? 464 2 A. To provide the information that he had and 3 to talk to former employees to see, you know, what 4 recollections they might have about that process. 5 Q. Did you understand that Jerry was to talk 6 with personnel who had been involved in the lead pot 7 process but who may not any longer work for Monsanto? 8 A. I don't know that I had that specific of an 9 understanding. 10 Q. You indicated that in addition to meeting 11 with Mr. Nassif and another lawyer from this firm 12 prior to your deposition, that you had met with 13 another lawyer about two weeks earlier for a period of 14 about four hours. What lawyer was that? 15 A. His name is Mike Kelly. 16 Q. And who does Mr. Kelly work for? 17 A. The Smith Moore law firm. 18 Q. You indicated that part of your 19 responsibilities as a consultant is to provide 20 technical support. What do you mean by "technical 21 support"? 22 A. Primarily, it's to remain current with and 23 aware of the scientific literature with regard to PCBs 24 and provide that literature and interpretations of it 25 to the attorneys representing Monsanto. Kaley, Robert Ph.D. MCWANE WATER PCB-SD0000045192 465 1 Q. You indicated in your testimony yesterday 2 that you had written agreements with Spriggs & 3 Hollingsworth and Integral Consulting. You also have 4 a written agreement with the Husch firm? 5 A. A retainer, yes. Retaining agreement. 6 Retention agreement. How's that? 7 Q. As opposed to a detention agreement. 8 (Laughter.) 9 Q. (Continuing) With regard to your background 10 and qualifications, Dr. Kaley, are you a hydrologist? 11 A. No. 12 Q. Are you an expert on air emissions? 13 A. I'm not sure what that means, but probably 14 in the terms you mean, no, I've not had college or 15 graduate training in studies of air emissions. 16 Q. Are you a toxicologist? 17 A. No. 18 Q. You indicated to Mr. Langlais that you had 19 served as an expert witness in one arbitration 20 proceeding-21 A. Yes. 22 Q. --relating to a cleanup dispute on a piece 23 of property; is that correct? Or a building? 24 A. Generally, yes. 25 Q. Okay. What was the subject matter of your Kaley, Robert Ph.D. MCWANE WATER PCB-SD0000045193 1 testimony? 466 2 A. Basically, the development of the analytical 3 chemistry to PCBs and the combustion products of, 4 byproducts of PCBs. 5 Q. What was the name of that case? Do you 6 recall? 7 A. Uh, I don't know what the case name was. 8 The building was One Market Plaza in San Francisco. 9 Q. I believe there was a fire involved and 10 there were some deaths. 11 A. No, there were no deaths. 12 Q. There were no deaths? 13 A. No. 14 Q. Okay. When--you talked with Jerry Brown 15 about the lead pot process, and I think you said Jerry 16 reported his findings back to you for incorporation 17 into the report; is that correct? 18 A. Generally. I mean, "reported" is probably a 19 little fancier term than what it was, but there was a 20 conversation, yes. 21 Q. Jerry told you what he found out. 22 A. Yes. 23 Q. Okay. Do you know whether or not Mr. Brown 24 had taken any notes or statements from these former 25 employees or old employees of Monsanto concerning the Kaley, Robert Ph.D. MCWANE WATER PCB-SD0000045194 1 lead pot process? 467 2 A. I don't know. 3 Q. When you had this conversation with 4 Mr. Brown about his findings, was that conversation in 5 person? Was that conversation over the telephone? 6 A. Over the telephone. 7 Q. Okay. Did--I know you indicated you did not 8 recall who Mr. Brown talked to. Did he tell you at 9 the time who he had interviewed? 10 A. I don't recall whether he gave me names or 11 not. I don't know. 12 Q. Do you know whether there's any written 13 record of his conversations with these employees? 14 A. I don't know. 15 Q. To your knowledge, prior to the 1980's, were 16 any of the materials contained in the west end 17 landfill tested for PCBs or lead content? 18 A. Not that I'm aware of. 19 Q. Let's ask the same question with regard to 20 the south landfill. 21 A. Not that I'm aware of. 22 Q. You testified that with regard to the 23 landfills, the presence of a clay cap meant that there 24 was no mechanism for the PCBs to get away from or past 25 the surface; is that correct? Kaley, Robert Ph.D. MCWANE WATER PCB-SD0000045195 468 1 A. Generally true, yes. 2 Q. Absent a clay cap, is there a mechanism for 3 the PCBs to leave the landfill? 4 A. If--I mean surely, they could be carried 5 away by evaporation or by--with sediments by water 6 runoff. 7 Q. You also indicated that the lead pot process 8 was only used intermittently during the period, I 9 believe, from '61 to '64; is that correct? 10 A. Yes. 11 Q. And how did you come to know about the 12 intermittent nature of the use of those lead pot 13 process during that period? 14 A. I think it was in one of the documents. I 15 noted that in one of the documents I reviewed. Yeah, 16 I mean it says specifically, here, "These changes are 17 documented in Appendix J of Attachment 2," so I relied 18 on that document. 19 Q. And do you know what the term "intermittent" 20 meant in that context as far as how frequently they 21 were used, or whether it was a phase-in of the new 22 process, or how that worked? 23 A. Oh, I'm sure it was a phase-in, but I don't 24 know the extent of what intermittent means in that 25 context. Kaley, Robert Ph.D. MCWANE WATER PCB-SD0000045196 469 Q. This morning, you testified that if lead had been leaking, it would solidify and be recovered. Do you recall that? A. That's my understanding. Q. Now, I think you also said--and correct me if I'm wrong, here--that that was an assumption that you were making because that was the proper way to deal with the issue; is that correct? A. I--you are looking at the transcript. I'm not sure exactly what -- Q. I'm looking at my notes -- A. Okay. Q. --for clarification. A. I believe I said something to that effect. yes . Q. But as far as the actual practice, you don't know how lead issues were dealt with at the facility; is that correct? A. No. Q. As far as losses? A. That's correct. Q. Your retainer group agreement with the Husch firm, is it for a set period in time? A. Uh, no, subject to cancellation by either party at any time. Kaley, Robert Ph.D. MCWANE WATER PCB-SD0000045197 470 1 Q. Have you, Dr. Kaley, had any contact with 2 the customers of Monsanto with regard to PCB issues 3 A. Ever? 4 Q. Yes . 5 A. Former customers? 6 Q. Yes, sir. 7 A. Yes . 8 Q. And in what context have you had those 9 communications ? 10 A. A number of contacts, requests for MSDS's, 11 information about product makeup, general information 12 about PCBs, lots of different questions. 13 Q. Were these-14 A. I mean, that's one of my--that has been and 15 remains one of my primary roles, is to handle 16 inquiries from outside the company about PCBs. 17 Q. Mr. Papageorge testified that when he first 18 came back to St. Louis in January of 1970, one of his 19 chief roles was basically to liaison on PCB issues. 20 Did you assume a similar-type role with regard to 21 PCBs? 22 A. I would call it a follow-up role because 23 obviously, when he came, we had customers, we were 24 making the product, there was a lot more dealing with 25 customers, there were changeover issues, there were Kaley, Robert Ph.D. MCWANE WATER PCB-SD0000045198 471 1 withdrawal from market issues, so I mean he actually 2 traveled to the plants, or of customers, met with 3 people at the other companies. I, I typically don't 4 do that. Mine are, are more --less and less frequent 5 phone call inquiries. 6 Q. Because there are fewer and fewer remaining 7 facilities that have any active PCB products; is that 8 correct? 9 A. Well, there probably aren't any that have 10 any active products, but there are fewer that have 11 active concerns about PCB issues. 12 Q. Are you aware of whether or not mercury was 13 discharged into the company storm sewer? 14 A. Into the company storm sewer? Um, I'm sure 15 there was some, some amounts discharged into the storm 16 sewer at various times. 17 Q. Would you agree that it's hard to quantify 18 those types of losses? 19 A. I think I said that somewhere. 20 Q. Did you participate in the brief description 21 of the use of mercury given by Solutia to ADEM in 22 1999? 23 A. Yes, I drafted that letter. 24 Q. And do you recall that the information 25 provided to ADEM indicated that Solutia most likely Kaley, Robert Ph.D. MCWANE WATER PCB-SD0000045199 472 1 did not release mercury into the environment? 2 A. I don't recall saying that. I may 3 have--what I recall saying was that there are, based 4 on the level--the analysis of mercuries in the 5 environment, there is no, has been no releases that 6 led to levels above background in the environment. 7 Q. Do you know how Monsanto dealt with or 8 disposed of its mercury-containing sludge? 9 A. I don't recall whether I addressed that or 10 not in the report. 11 Q. But do you know? 12 A. As I sit here today, I don't recall. 13 Q. Do you have any knowledge of the efforts and 14 direction given to Anniston Plant employees to find a 15 viable way to recycle the mercury into the 16 manufacturing process to eliminate losses? 17 A. Well, I know there was, there was a program 18 to eliminate losses, and that would have been, part of 19 that program, would have been to recover all the 20 mercury possible and put it back in the process, yes. 21 Q. Where did you get that knowledge? 22 A. I believe, from either SMPs about that 23 process or documentation around the, the reports 24 potentially on some of the efforts to, to implement 25 those controls. Kaley, Robert Ph.D. MCWANE WATER PCB-SD0000045200 473 1 Q. Any discussions with Jim Bryant about those 2 efforts ? 3 A. No. 4 Q. Okay. Are you aware of the fact that those 5 efforts were largely unsuccessful? 6 A. I've seen that in a document, and I know 7 Mr. Bryant was quoted as saying that in the newspaper. 8 I don't necessarily agree with that, but I know 9 Mr. Bryant was quoted as saying that. 10 Q. Are you aware of the fact that there were 11 quantities of mercury spilled onto the ground at the 12 facility? 13 A. Yes. 14 Q. Okay, and that those pounds of, of mercury 15 were not recoverable or were not recovered when the 16 plant was shut down? 17 A. Some part of it probably were not. I 18 don't--again, it gets back to the whole question of at 19 this day and age, with the information that was 20 available, it's hard to quantify how much was and 21 wasn't, but I'm sure there are some small amounts that 22 were not recovered, but again, I would, I would 23 emphasize that in the mercury sampling we've done, 24 they're not, those levels are not seen in the Anniston 25 community or in the drainage pathways, so if they were Kaley, Robert Ph.D. MCWANE WATER PCB-SD0000045201 474 there, they're, you know, they're still at the plant or they---and they're not at the plant because we don't see them at the plant, either, so I, I don't know how much would have been actually left in place after a spill. Q. Do you recall the theft of mercury from the Monsanto facility in Anniston? A. Well, yes, I know that, the outline or the general outline of that story Q. Was-A. But that was after the plant was shut down. It was a theft or attempted theft of a truckload of mercury that was being shipped back to St. Louis for the process in St. Louis. Q. And that was in 1969 when that process was terminated; is that correct? A. That's correct. Q. And was that mercury recovered? A. I believe it was, yes. Q. Were you actually involved, Dr. Kaley, in the process for attempting to recover the mercury and recycle it into the manufacturing system? A. No, I was not employed at that time by Monsanto Q. Was Dr. Bryant involved in that process? Kaley, Robert Ph.D. MCWANE WATER PCB-SD0000045202 475 1 A. I don't know whether he was directly 2 involved or not. 3 Q. Are you familiar, Dr. Kaley, with the 4 sampling protocol that's used by Solutia with regard 5 to the residential yards in the Calhoun County area? 6 A. Uh, generally. There have been different 7 protocols used but generally, yes. 8 Q. Do you know or have you been told at what 9 depths foundry fill is encountered? 10 A. My recollection is that it's at various 11 depths, but I don't, I don't have any concrete 12 information, at this point. If I'd been told, I don't 13 recall what the numbers were. 14 Q. Is it your understanding that the sampling 15 protocol requires the top three inches to be tested 16 for PCBs and that if a reading of 1 ppb. or more is 17 encountered, then remediation is scheduled? 18 A. I believe that's generally correct. I mean, 19 it's a, it's a five-point composite for a given area 20 of a particular yard, and that determines the, either 21 the remediation or additional sampling. 22 Q. And the sampling is done at a depth of three 23 inches? 24 A. I believe that's the initial sampling. I 25 know there are, there are situations under which if, Kaley, Robert Ph.D. MCWANE WATER PCB-SD0000045203 476 1 if PCBs are detected above--maybe it's 1 or whatever 2 the point is, then sampling at greater depth is 3 required. 4 Q. But the initial sampling, it's your 5 understanding, is at a depth of three inches? 6 A. That's my recollection. 7 Q. And then depending on the reading, more 8 sampling may be required? 9 A. That's my recollection. 10 Q. All right. 11 A. I've not been involved in it for some time. 12 MR. NASSIF: Counsel, did you mean to say "1 13 ppb. " or did you mean-- 14 THE WITNESS: Oh, yes; sorry. 15 MR. NASSIF: --to say "1 ppm."? 16 MS. O' NEAL: Ppm. 17 MR. NASSIF: All right, can we correct it? 18 THE WITNESS: Thank you. 19 MR. NASSIF: Okay. 20 BY MS. O' NEAL: 21 Q. Dr. Kaley, do you know whether or not steel 22 bottoms were deposited in open, uncovered piles prior 23 to 1970? 24 A. Well, I believe--we talked earlier this 25 morning about the Montar pit, and that was an Kaley, Robert Ph.D. MCWANE WATER PCB-SD0000045204 477 1 uncovered pit into which the Montars were placed for 2 temporary storage, so --I mean, that did occur. Again, 3 and it's not Montars, it's the one specific Montar 4 from the polyphenyl process, not the PCB process. 5 Q. And when you say "Montars," I think my 6 question was still bottoms, so are we talking 7 about --are we splitting hairs? 8 A. Well, the Montars were specific still 9 bottoms from specific parts of the process. 10 Q. How were still bottoms created from the 11 production of biphenyl disposed of prior to 1970? 12 A. My understanding is that they were collected 13 and either sold as Montar or accumulated in the Montar 14 pit as it was called and then broken up and drummed 15 and placed in the landfill. 16 Q. And what is your understanding as to the 17 disposition of still bottoms from PCB manufacturing 18 prior to 1970? 19 A. My understanding is those were drummed and 20 placed in the landfills. 21 Q. Are you aware of any complaints made by area 22 residents concerning dust emanating from the facility? 23 A. I believe I, I have heard that there were 24 some. I don't have any particular information about 25 that. Kaley, Robert Ph.D. MCWANE WATER PCB-SD0000045205 478 1 Q. What do you recall about that? 2 A. Just that they existed. 3 Q. Are you aware of any investigation that was 4 done by Solutia with regard to those residential 5 citizen complaints concerning dust? 6 A. No. I mean, we're talking--you are not 7 talking in the recent remediation period, are you? 8 Q. No? 9 A. Are you talking the seven--'60's and '70's? 10 Q. Yes. 11 A. I don't know, other than I've heard that 12 they did have some complaints. 13 Q. Dr. Kaley, in your judgment, is it, is it 14 appropriate to judge a company's historical behavior 15 by modern standards? 16 MR. NASSIF: Object to the form. 17 BY MS. O' NEAL: 18 Q. (Continuing) You may answer. 19 MR. NASSIF: I'll object on the basis of 20 lack of foundation. 21 A. I think that depends on the behavior and the 22 standards to which you are comparing it to. I mean, 23 there are some circumstances where I think times have 24 changed and, and what's accepted as industrial, 25 standard industrial or accepted industrial practices Kaley, Robert Ph.D. MCWANE WATER PCB-SD0000045206 1 changes. 479 2 BY MS. O' NEAL: 3 Q. Have you ever made statements to the effect 4 that it's not fair to judge a company's behavior, 5 historical company behavior based on modern standards? 6 A. I don't recall, but I may have. 7 Q. In defending the conduct of Monsanto, have 8 you ever said that it's unfair to judge Monsanto's 9 behavior during the period of 1930 to 1970 based on 10 modern standards? 11 A. I may have. I believe that in some cases. 12 Q. In what cases do you not believe that to be 13 the case? 14 A. Well, I mean if there--I think if there is 15 intentional knowledge that something is being done 16 wrong, that the standards remain the same. I don't 17 think Monsanto ever did anything intentionally wrong 18 in Anniston. I believe they behaved and conducted 19 themselves in a manner consistent with, if not above 20 and beyond what was acceptable industry practice. 21 Q. Then would you agree, Dr. Kaley, that it's 22 not fair in that same context to judge other 23 industries based on modern standards in connection 24 with their historical conduct if it was unintentional 25 conduct? Kaley, Robert Ph.D. MCWANE WATER PCB-SD0000045207 480 1 MR. NASSIF: I'm going to object on the 2 basis that--object to the form and also lack of 3 foundation that the witness has any way to measure 4 what other industries did or didn't do, and he's not 5 qualified to answer that in regards to other 6 industries. 7 BY MR. LANGLAIS: 8 Q. You may answer, Dr. Kaley. 9 A. Again, I think it depends on the standard of 10 the particular action that you are talking about, and 11 in some cases, it may be appropriate; in some cases. 12 it may be not. 13 MS. O'NEAL: That's all I have, Wendy. 14 (Pause.) 15 MR. TAYLOR: Is Wendy going to ask some 16 questions ? 17 MS. LAVEY: Yes, I am. 18 MR. TAYLOR: Okay. 19 MS. LAVEY: We're changing chairs. 20 MR. TAYLOR: Understood. I may have a few, 21 too. 22 EXAMINATION 23 QUESTIONS BY MS. LAVEY: 24 Q. Dr. Kaley, again, my name is Wendy Lavey, 25 and I represent Mead Westvaco Corporation in this Kaley, Robert Ph.D. MCWANE WATER PCB-SD0000045208 481 1 litigation. I, too, will try not to repeat anything, 2 and I think we're nearing the finish, here. I had a 3 couple of follow-up questions on Exhibit Number 7, 4 which was your affidavit in the Billy Nelson case? 5 A. I have that. 6 Q. Okay, if you could turn to page 15, in the 7 first full paragraph in the middle of that page, it is 8 describing interim measures at this point in your 9 affidavit? 10 A. Yes. 11 Q. Okay. Item number 1 refers to the diversion 12 of storm water run-on, upgradient of the south 13 landfill. Do you see that? 14 A. I do. 15 Q. Do you recall how storm water run-on, 16 upgradient of the south landfill, was handled prior to 17 implementation of this interim measure? 18 A. It was not handled. I mean, the storm water 19 ran where it was easiest, the path of the least 20 resistance to get down the hill. 21 Q. Would that include over the south landfill? 22 A. I'm sure there was some small amount over 23 the south landfill, but there were gullies and, you 24 know, lower portions of the landfill where most of the 25 runoff would accumulate on its way to Highway 202. Kaley, Robert Ph.D. MCWANE WATER PCB-SD0000045209 482 1 Q. You also indicated that this landfill was up 2 against the base of Cold Mountain, correct? 3 A. Cold Water Mountain. 4 Q. Cold Water Mountain? 5 A. Yes. It's on the side of the base. 6 Q. So storm water presumably would run down the 7 mountain, and at that point, there's not a gully, it's 8 going to cross the landfill, isn't it? 9 A. Well, the cells on the landfill are actually 10 slightly elevated above what would have been the 11 normal slope of the, the mountain, so in reality, the 12 major part of the water is going to go around the 13 landfill cells rather than over the top of them, but 14 there would, I assume, be some small amount that you 15 would--that would fall on top and run down those 16 sides. 17 Q. On that same page, the second item refers to 18 the upgrade of the cap on a portion of the south 19 landfill? 20 A. That's correct. 21 Q. Okay. What portion of the south landfill 22 required a cap upgrade? 23 A. It was the western portion. 24 Q. And why was an upgrade required? 25 A. Because PCBs were detected in superficial Kaley, Robert Ph.D. MCWANE WATER PCB-SD0000045210 483 1 soils on part of that landfill. 2 Q. Was that part of the landfill an older 3 section or a more recent section of the landfill? 4 A. I don't know. 5 Q. Mr. Langlais had asked you to indicate on 6 the map where the north drainage ditch was located, 7 and I believe you marked on the map an area north of 8 the railroad; correct? 9 A. That's correct. 10 Q. Is that property where the north drainage 11 ditch is located, is that property owned by Solutia? 12 A. It was acquired during the extension of the 13 property purchase program. 14 Q. Okay. 15 A. That was, the one of the areas of the 16 extension of that property purchase program, so yes. 17 now it is owned by Solutia. 18 Q. But it was not previously owned by Solutia? 19 They acquired it fairly recently? 20 A. They acquired it in approximately--or in the 21 mid 1990's as part of the property purchase program. 22 that's correct. 23 Q. Was there a single property owner associated 24 with the purchase of that area, or is this a 25 collection of multiple residences? Kaley, Robert Ph.D. MCWANE WATER PCB-SD0000045211 484 1 A. There was one woman who owned many of the 2 properties in the area, and then there were other 3 individuals property owners. 4 Q. Was there a former industrial facility in 5 that location? 6 A. No, that, that is south of that area. 7 That's actually, I believe--well, I'm not going to 8 say. I think that's on the south side of the railroad 9 tracks but I'm not, I'm not sure. No, the area that 10 we purchased was all residential property. 11 Q. Okay. As part of the property purchase 12 program, was any industrial property acquired? 13 A. Not as part of the property purchase 14 program. Some industrial properties have been 15 acquired, acquired independent of that program, and 16 some have been acquired as a result of settlements of 17 lawsuits. 18 Q. Okay, do you recall which industrial 19 properties have been purchased? 20 A. Um, there was a, there was a metal recycling 21 concern near the north area we were talking about just 22 previously. I believe we purchased an auto repair 23 shop along Clydesdale Avenue, we purchased the ice 24 house, which is essentially a stop-and-go-like or we 25 acquired a stop-and-go-like property as part of a Kaley, Robert Ph.D. MCWANE WATER PCB-SD0000045212 485 1 settlement of a lawsuit. Those are the ones I recall. 2 There may have been more. 3 Q. Were any former foundry properties acquired 4 as a part of either the formal program or otherwise? 5 A. Not that I'm aware of. 6 Q. I want to review, hopefully very briefly, 7 some of the information from early yesterday, make 8 sure that I got my notes correct, but my understanding 9 is you became the Manager of Product Acceptability in 10 approximately 1985. 11 A. That's correct. 12 Q. Okay, and at that point in time, you were 13 reporting to Mr. Craddock? 14 A. That's correct. 15 Q. And he, in turn, was reporting to 16 Mr. McCarville? 17 A. That's correct. 18 Q. Okay. 19 A. Both doctors. 20 Q. And what were Dr. Craddock's title at that 21 time when you were reporting to him? 22 A. I'm not even sure what my title was. 23 Q. Okay. 24 A. That was an approximation. His was, it 25 could have been Director of Product Acceptability or Kaley, Robert Ph.D. MCWANE WATER PCB-SD0000045213 486 1 something similar. 2 Q. And Mr. McCarville's title, do you recall 3 that? 4 A. I believe he was Director of Environmental 5 Affairs. I'm more sure about that. 6 Q. And then when he retired, you became the 7 Director of Environmental Affairs; is that right? 8 A. That's correct. 9 Q. Did you just leapfrog over Mr. Craddock, or 10 did he retire in that same time frame? 11 A. The first, first, and then the second. I 12 mean, John reported to me for a short period of time 13 and then he retired. 14 Q. Okay. Okay, and when you became the Manager 15 of Product Acceptability, just prior to that, you had 16 been--this was your return stint in Corporate as a 17 Senior Research Specialist? 18 A. Yes, and I'd like to correct that. I 19 believe that, that yesterday I said I went from Senior 20 Research Chemist to Certain Research Specialist about 21 1976. I don't think there was a promotion involved in 22 that. I think I changed laboratories but I remained a 23 Senior Research Chemist, then became Group Leader, and 24 then became Senior Research Specialist, so I would 25 like to correct that. Kaley, Robert Ph.D. MCWANE WATER PCB-SD0000045214 487 1 Q. Consider it done. 2 A. Thank you. I'm sure it's really important. 3 (Laughter.) 4 Q. Now, as Senior Research Specialist, after 5 you had been Group Leader, just prior to becoming 6 Manager of Product Acceptability, I believe you 7 testified that at that point in time, you had little 8 or perhaps no involvement with PCBs during that 9 particular time frame; is that correct? 10 A. I was in the laboratory. I had few, if any, 11 responsibilities to do analytical PCB work, but I was 12 still consulted by outside, you know, other people in 13 the company on PCB analytical questions. 14 Q. Okay, and was that the basis for your 15 qualifications to become Manager of Product 16 Acceptability relating to PCB issues? 17 A. That was a large part of it, I believe, yes. 18 Q. When you became the Manager of Product 19 Acceptability in 1985, I'm trying to sort out where 20 Bill Papageorge fit in the organization at that time. 21 What was his position in 1985? 22 A. Well, he--I'm not sure, but he was something 23 like a product acceptability manager, but it was for a 24 product line, a currently-existing product line with 25 no relationship to PCBs whatsoever. Kaley, Robert Ph.D. MCWANE WATER PCB-SD0000045215 1 Q. Okay. 2 A. I think whenever --I don't know what the 3 exact date but when Bill left, in about 1976, the PCB 4 area directly, then he moved on to non-PCB areas of 5 responsibility, so while he was still there and may 6 have been something like a Manager of Product 7 Acceptability, it was for an existing product line, 8 not for PCBs. 9 Q. Okay. When you became the Director of 10 Environmental Affairs when Mr. McCarville retired, you 11 indicated yesterday that your primary role was as an 12 internal company resource on PCBs, and you also 13 referred to other legacy chemicals. Do you recall 14 that? 15 A. Yes, I do. 16 Q. What were the other legacy chemicals for 17 which you had some responsibility? 18 A. Pentachlorophenol, and the other primarily 19 was phenoxy herbicides. 20 Q. Were either of those products made at the 21 Anniston Plant? 22 A. No. 23 Q. You've testified that the only location 24 within Monsanto where biphenyls were being produced 25 was at Anniston; correct? Kaley, Robert Ph.D. MCWANE WATER PCB-SD0000045216 489 1 A. That's my understanding. 2 Q. Do you recall the names of other 3 manufacturers of biphenyls in the United States? 4 A. I don't know of any. I mean, I don't know 5 whether there are any or not. I certainly don't know 6 any names. 7 Q. You indicated that the, the--"purpose" might 8 not be the right, the right term, but the reason a 9 lead pot process was being used, the molten lead 10 provided the heat environment in which the reaction 11 would need to take place; is that correct? 12 A. That's my understanding, yes. 13 Q. Are you aware of any other similar use of 14 molten lead in a Monsanto production process 15 throughout its history? 16 A. No, I'm not. 17 Q. Okay. Have you ever heard of a lead pot 18 process being utilized in connection with phosphate 19 production processes? 20 A. No. 21 Q. Do you recall--"recall" is not the right 22 word, either--do you know if an outside contractor was 23 used for landfill responsibilities when it was in 24 active use, speaking of the south landfill? 25 A. I don't believe so, but I don't, I don't Kaley, Robert Ph.D. MCWANE WATER PCB-SD0000045217 1 know for sure. 490 2 Q. Okay. Are you familiar with the term 3 "conceptual site model? 4 A. Yes. 5 Q. And are you familiar with the conceptual 6 site model development for the Anniston Plant under 7 the RCRA corrective action proceedings? 8 A. In, in a very general way, yes. 9 Q. Did you have any involvement in developing 10 the conceptual site model? 11 A. Other than reviewing drafts and providing 12 probably minimal comments, no. 13 Q. Okay, would Mr. Branchfield be the person 14 who is most familiar with the development of the 15 conceptual site model? 16 A. Either here--he or Mr. Faust. It's a very 17 early stage in the process, so Mr. Faust may have had 18 more direct responsibility for that. 19 Q. I believe you testified, in discussing some 20 of the characteristics of PCBs, that they are not 21 soluble in water? Is that correct? 22 A. Generally, that's correct, yes. 23 Q. And-- 24 A. I mean they are very, very, very slightly 25 soluble in water. They're essentially soluble in Kaley, Robert Ph.D. MCWANE WATER PCB-SD0000045218 1 water. 491 2 Q. And PCBs also adhere to particulate? Is 3 that correct? 4 A. That's correct. 5 Q. When flooding occurred in the vicinity of 6 the ditches, and so forth, that are in and around the 7 Anniston Plant, after those flood waters recede, 8 wouldn't it be true that PCB-contaminated material 9 would be left behind as those flood waters recede? 10 A. Oh, certainly. I think that explains the 11 levels of PCBs found in some of the residential 12 properties adjacent to the creeks, yes. 13 Q. When the ground has died--has dried, 14 wouldn't it be possible, then, for that 15 PCB-contaminated material to become airborne dust? 16 A. Some small amounts may have been, sure. 17 Q. Do you know if that potential pathway was 18 evaluated as part of the development of the conceptual 19 site model at Anniston? 20 A. I--it may have been. I don't recall 21 specifically, you know, whether it was particularly or 22 not. 23 Q. When the south landfill was being upgraded, 24 do you know whether any dust control measures were put 25 into place at that time? Kaley, Robert Ph.D. MCWANE WATER PCB-SD0000045219 492 1 A. Yes, they were. 2 Q. What type of dust control measures were put 3 into place? 4 A. Primarily, water sprays. 5 Q. Do you know if dust control measures were in 6 place during the active operation of the landfill? 7 A. I don't know. 8 Q. And the same question with respect to the 9 west landfill: When that work was being done, were 10 dust control measures put into place? 11 A. When the remediation was being done, yes. 12 Q. And what were those control measures? 13 A. Again, water sprays. 14 Q. When the water spray was applied during 15 these remediation activities, was the water collected 16 in some fashion or allowed to run off? 17 A. I--my recollection is that there wasn't 18 enough to create runoff, that there was just enough 19 applied to keep dust down. 20 Q. So the water would just soak into the 21 ground? 22 A. Yes, that's my understanding. 23 Q. Was any monitoring done during the 24 remediation work at the west landfill of any PCB 25 levels in the air? Kaley, Robert Ph.D. MCWANE WATER PCB-SD0000045220 493 1 A. No. I believe there was just dust 2 monitoring was all the monitoring that was done. 3 Q. And the same question with respect to the 4 south landfill; do you know if any air monitoring for 5 PCB levels was done during that work? 6 A. I believe not. 7 Q. To your knowledge, have the Anniston, any 8 Anniston employees had their blood tested for lead 9 levels? 10 A. Not that I know of. 11 Q. Did there ever come a point in time when 12 Monsanto entered into a program to cease using PCB 13 fluid in dielectric equipment at its various plants? 14 A. Yes, we entered a program to at least 15 minimize that to the extent possible. 16 Q. When did that program come into place? 17 A. Sometime after 1980. 18 Q. Was that an area of responsibility for you? 19 A. Eventually, it did become one, yes. 20 Q. And that program applied at the Anniston 21 Plant, did it? 22 A. It applied at all the plants. It was a 23 voluntary program. It wasn't compulsory, but the 24 plants were encouraged to eliminate as much PCB 25 equipment as possible. Kaley, Robert Ph.D. MCWANE WATER PCB-SD0000045221 494 1 Q. Do you have a recollection as to when, if at 2 all, that program was implemented at the Anniston 3 Plant? 4 A. I'm sure it was, and I don't know what the 5 completion date was. 6 Q. Who would be the person who would be most 7 familiar with that program implementation at Anniston? 8 A. Again, I'm going to pick on Jerry Brown, 9 because I don't know who else to point you to to begin 10 with. 11 Q. What year did Jerry Brown retire? 12 A. The mid 1990's sometime. I don't know 13 specifically. 14 MS. LAVEY: That's all I have. Thank you. 15 Dr. Kaley. 16 THE WITNESS: All right, thank you. 17 MR. NASSIF: Anybody have questions on the, 18 on the phone? 19 MR. TAYLOR: Yeah, this is Jerry Taylor. 20 I've got a few. You want me to go? 21 MS. O'NEAL: Please. 22 EXAMINATION 23 QUESTIONS BY MR. TAYLOR: 24 Q. Dr. Kaley, can you hear me okay? 25 A. Yes, I can. You are faint, but I can hear Kaley, Robert Ph.D. MCWANE WATER PCB-SD0000045222 1 you. 495 2 Q. All right, I'll try to speak up. This is 3 Jerry Taylor with the Maynard, Cooper & Gale law firm. 4 I represent McWane, FMC, and United Defense, and like 5 both Ms. O'Neal and Ms. Lavey, I'll try not to ask you 6 questions you've already been asked. I know you've 7 been asked some questions about your involvement in or 8 assistance in previous litigation that Monsanto or 9 Solutia has been involved in, but I want to try to 10 gain an understanding of what role, if any, you've had 11 in this particular case you are being deposed about 12 today. Let me ask this first; what is your 13 understanding of this lawsuit that Solutia and 14 Monsanto have filed against these defendants that you 15 are being deposed about today? 16 A. My understanding is that it's an action 17 to--for contribution to recover--to recover 18 contribu--excuse me, for contribution to costs 19 incurred in cleaning up Anniston properties. 20 Q. All right, and prior to the lawsuit being 21 filed, were you part of any effort to assist lawyers 22 or, or the company with evaluating that particular 23 issue? 24 MR. NASSIF: Hang on. You can answer 25 factually whether you were part of any effort. Kaley, Robert Ph.D. MCWANE WATER PCB-SD0000045223 496 1 A. I don't believe I was part of any conscious 2 effort leading to that--leading down that path. 3 BY MR. TAYLOR: 4 Q. All right, let me ask it a different way. 5 Have you ever evaluated the issue of whether or not 6 entities other than Monsanto or Solutia, their 7 Anniston facility, is a contributor to PCBs that have 8 been found in the environment outside of the plant in 9 Anniston? 10 A. I've certainly considered those issues. 11 Q. All right, and have you considered those at 12 the request of counsel, or have you just considered 13 them generally? 14 A. I would say both. 15 Q. All right, and have you also been asked to 16 evaluate the issue of whether or not entities other 17 than Monsanto or Solutia at their Anniston facility, 18 being a contributor to heavy metals, or lead, or 19 constituents other than PCBs that have been found in 20 the environment outside of the plant? 21 A. Uh, no. 22 Q. So your evaluation, then, has been limited 23 to the PCB issue? 24 A. Yes. 25 Q. And have you, have you been asked to provide Kaley, Robert Ph.D. MCWANE WATER PCB-SD0000045224 497 1 an expert opinion in this case on that PCB issue? 2 MR. NASSIF: Hang on. 3 MR. TAYLOR: I know, Joe, that you have not 4 identified him as an expert, but-5 MR. NASSIF: I don't think, I don't think we 6 are required to identify our experts, and asking that 7 question is potentially a privilege situation to the 8 extent that we may be considering using him as an 9 expert and having had discussions with him but have 10 not yet identified him, Jerry. 11 MR. TAYLOR: Right. 12 MR. NASSIF: So I don't think it's 13 appropriate for him to answer that question at this 14 time. If he's identified as an expert, you'll know it 15 when that, that is a requirement. Now, if you are 16 really excited about asking that question, you and I 17 can talk about it privately. 18 MR. TAYLOR: All right, let me go about it 19 this way, and obviously, Joe, you speak up when you 20 need to or feel you need to. 21 BY MR. TAYLOR: 22 Q. Dr. Kaley, did you review the Complaint that 23 was filed in this case prior to its being filed? 24 A. I don't, I don't, I don't believe so. 25 Q. And there has been discovery that has been Kaley, Robert Ph.D. MCWANE WATER PCB-SD0000045225 498 1 issued by various defendants in this case to 2 Solutia/Monsanto for which responses have been filed 3 by Solutia/Monsanto. Have you been involved in that 4 effort, either gathering facts or helping craft those 5 answers ? 6 A. Certainly not having crafted the answers. I 7 may have been asked a question here or there, but I 8 have not played any major role. 9 MR. TAYLOR: I'm going to think about where 10 I'm going with that, Joe, and if we need to have a 11 private conversation, we can, but let me move on to a 12 couple of other things while I'm thinking about that 13 at the same time. 14 BY MR. TAYLOR: 15 Q. You were asked a little while ago, 16 Dr. Kaley, about certain properties that were 17 purchased by Solutia in the area of or surrounding the 18 Anniston facility; right? 19 A. Yes. 20 Q. Do you know who did the due diligence on 21 those properties that were purchased? And by "due 22 diligence," I mean to include either whether or not 23 there was environmental investigations done or 24 previous ownership determinations made. 25 A. The environmental investigations had been Kaley, Robert Ph.D. MCWANE WATER PCB-SD0000045226 499 1 done by Solutia. That was the basis of the property 2 purchase program. As far as property ownership, that 3 was handled by Prudential. 4 Q. The, the title work, in other words? 5 A. Yes. 6 Q. Okay, so if I wanted to find out what 7 information was obtained about previous ownership of 8 those properties, I would need to ask Prudential those 9 questions? You would not know? 10 A. I certainly don't know. 11 Q. Okay. 12 MR. NASSIF: I would suspect that--I'm not 13 sure that the Prudential information, which I haven't 14 seen, Jerry, I don't know that that Prudential 15 information isn't privileged. 16 A. And actually, as the more I think about it, 17 the more I think Solutia or Monsanto at the time 18 engaged a local attorney to do the title searches. I 19 believe that is the correct, actually what the 20 situation was, that Prudential, itself, did not do it, 21 that it was a local attorney engaged to do that. 22 BY MR. TAYLOR: 23 Q. And then who would have rendered, like, a 24 title opinion of some kind? 25 A. I, I don't know. Kaley, Robert Ph.D. MCWANE WATER PCB-SD0000045227 500 1 Q. Okay. You--in answering, Ms. O'Neal was 2 asking you some questions about the sampling protocol 3 that you understood Solutia was following, taking a 4 sample of the top three inches in five different 5 areas, and I believe she also asked you whether you 6 had an understanding of what depth foundry sand or 7 foundry fill had been encountered, according to 8 Solutia, and I think your answer was various steps. 9 Do I recall that correctly? 10 A. That's my understanding. 11 Q. Okay, have you ever been at--to one of these 12 residential yards where remediation was going on or 13 where foundry sand or foundry fill was encountered? 14 A. No. 15 Q. What various steps, if you could--can you be 16 any more specific about that? 17 A. No. You've, you've reached the limit of my 18 knowledge. 19 Q. Okay. All right, let me, let me probe with 20 a couple of questions, and then if you still don't 21 know, I'll move on. Is it your understanding that as 22 the foundry sand or foundry fill that has been 23 uncovered is uncovered only when the, the remediation 24 excavation is going on? 25 A. I don't know. Kaley, Robert Ph.D. MCWANE WATER PCB-SD0000045228 501 1 Q. So if, if the protocol is that the top three 2 inches is sampled, and if over one ppm of PCB is 3 found, the top foot of the yard is removed, you don't 4 know whether or not it's when that activity occurs 5 that the foundry sand has been encountered? 6 A. I don't know specifically when it has been, 7 no. 8 (Pause.) 9 MR. TAYLOR: I'm looking over my notes; just 10 give me a second. 11 BY MR. TAYLOR: 12 Q. Are you familiar at all or have you looked 13 at any kind of documentation or information that would 14 allow you to say you have some familiarity with the 15 pipe foundries that either were or are in the Anniston 16 area? 17 A. No. 18 Q. Have you ever been in one of those 19 foundries ? 20 A. No. 21 Q. Are you familiar at all with their 22 historical practices of handling materials, or 23 liquids, or anything like that? 24 A. No. 25 Q. Are you familiar at all with their Kaley, Robert Ph.D. MCWANE WATER PCB-SD0000045229 1 historical use of PCB oils? 2 A. No. 502 3 Q. So when you, when you said, when you said 4 earlier that you looked at or may have an opinion 5 about whether or not other facilities are contributors 6 to PCBs, that would--what would that be based on, if 7 not some understanding of those other facilities' use 8 or possession of PCB materials? 9 A. Let me break in a minute and say that the 10 videographer is signifying that we only have--oh, I 11 thought he was saying five minutes on the tape. I'm 12 sorry, he was waving at someone. 13 MS. LAVEY: Fifteen. You missed the first 14 ten. 15 A. (Continuing) All right, sorry. It's based 16 primarily on the ADEM list of other potential sources 17 of PCBs and it's based on my more general knowledge 18 that PCBs, some applications of PCBs did involve 19 applications in foundries. There was nothing specific 20 to Anniston in that, in that understanding at this 21 point. 22 BY MR. TAYLOR: 23 Q. I know you have not been involved in detail 24 in the investigation and remediation activities Craig 25 Branchfield and others have been; right? Kaley, Robert Ph.D. MCWANE WATER PCB-SD0000045230 503 1 A. Right. 2 Q. Is that correct? 3 A. That is correct. 4 Q. Do you know whether or not Solutia or 5 Monsanto have engaged in any, as part of their 6 investigation, in any kind of--I'm not sure if this is 7 a correct way of saying it or not--distinction between 8 the types of PCBs that are being found? 9 MR. NASSIF: Object on the basis that to the 10 extent he's had any conversations with counsel about 11 that, I'm going to instruct the witness not to answer. 12 If he's had conversations outside of discussions with 13 counsel or discussions pursuant to instructions from 14 counsel, the witness can answer the question. 15 BY MR. TAYLOR: 16 Q. Go ahead. 17 A. Okay, under that, all right, those kinds of 18 discussions have been held with counsel. 19 MR. TAYLOR: Okay. Well-- 20 MR. NASSIF: Okay, he just answered your 21 question. 22 MR. TAYLOR: --so are you objecting to him 23 at least confirming with me that that is a subject 24 matter of which he has been involved? I know you are 25 not going to let me ask him about it because that Kaley, Robert Ph.D. MCWANE WATER PCB-SD0000045231 504 would be your statement, "privileged," but will you allow him to at least confirm that that is something he has looked into or, or knows about? MR. NASSIF: No. MR. TAYLOR: Okay. MR. NASSIF: I think the fact if he, if he has looked into something pursuant to instructions of counsel, I think the fact that he's looked into it is privileged. If he did it on his own, I'd let you ask him about it, but he already answered your question if you heard his answer. Wendy is nodding yes, so everybody in the room heard it, but I'm sure you were concentrating on your-- MR. TAYLOR: I heard it. I just wanted to a step further. MR. NASSIF: That's right. Well, I'm not going to let that happen MR. TAYLOR: I figured you wouldn't. MR. NASSIF: Even though I'm such a nice guy. MR. TAYLOR: Right. Speaking to the court reporter) Erase that shit about me being a nice guy. THE COURT REPORTER: It's in stone. BY MR. TAYLOR Kaley, Robert Ph.D. MCWANE WATER PCB-SD0000045232 505 1 Q. So based on your earlier testimony, then, 2 Dr. Kaley, you would not have any current opinion, or 3 thought, or facts about what McWane, FMC or United 4 Defense did or didn't do specifically at, at their 5 facilities in the Anniston area? 6 A. That is-- 7 Q. Is that correct? 8 A. That is correct. 9 Q. If you have some opinion, it would just be 10 based on some general understanding of what different 11 types of companies may have had or used in terms of 12 PCBs ? 13 A. I have no opinion. 14 MR. TAYLOR: Okay, that's all I have. 15 MR. NASSIF: Anybody else have any questions 16 on the phone? 17 MS. RUTLEDGE : No. 18 MS. SMITH: No. 19 MR. NASSIF: Okay, we done? 20 MS. LAVEY: I have one follow-up question. 21 This is Wendy Lavey again. 22 MR. NASSIF: One question. 23 MS. LAVEY: One question. 24 FURTHER EXAMINATION 25 BY MS. LAVEY: Kaley, Robert Ph.D. MCWANE WATER PCB-SD0000045233 506 1 Q. You referred to an ADEM list of other PCB 2 sources a few moments ago? Do you recall, sitting 3 here today, any of those sources on that list? 4 A. I don't. I think I was asked that by 5 Mr. Langlais and didn't recall any of those names. 6 MS. LAVEY: Just checking to see if we were 7 talking about the same list. 8 A. (Continuing) The one I referred to in my 9 affidavit. 10 MS. LAVEY: Thank you. That's all I have. 11 MR. NASSIF: Thank you. 12 THE VIDEOGRAPHER: This concludes the 13 deposition of Robert Kaley II. We are off the record 14 at 2:27 P.M. 15 (Whereupon, at 2:27 P.M., the 16 deposition was concluded.) 17 18 19 20 21 22 23 24 25 Kaley, Robert Ph.D. MCWANE WATER PCB-SD0000045234 1 Page j Line )(o Should Read 2 Reason for change: 3 "Tvs c n e r ra \r 4 Page4^^. Line ^-^Should Read : alia) "Hs <?**-> 5 Reason for change: ~~~f~r^P)^C 6 evr&r 7 Pag etjtj Line 2-0 Should Read: y 3/ ST" 8 Reason for change: 9 10 Page^ Line ^ Should Read : 2l \ li 11 Reason for change: 12 | \f&v) ^cr, ^ pi7%)\T 13 Page^^Linej^'/^Should Read: .J\jiy 31 5^, 14 Reason for change: 15 16 Page^5 Line J(^ Should Read: S-peciki'c" 17 Reason for change: 18 I ft j>-f-'/OA <sirv7or 19 Page|3l Line^^'fshould Read : ^ ID q 20 Reason for change: 5fe7/ 21 \i 22 Page/"70Line 3- Should Read : yrj^ T'U^/- }Y\ 23 Reason for change: 24 ' / Y"vvh6cv"vM-*on 25 Gore Perry Gateway & Lipa St. Louis, MO (314) 241-6750 621-4790 621-2571 621-8883 197 WATER PCB-SD0000045235 1 Page^^Line j) Should Read: j} k, J icf -- t'Ct . fy 198 2 Reason for change: 3c *) ervt)r- 4 Page<Jp2Linec!c!. Should Read: --j--_ ~tept4^ 5 Reason for change: 6 > pr- <3 a e_ mot/' 7 Page2p3Line "7 Should Read: ~""p~P - 8 Reason for change: 9 j Y'^v^-s- c v" i prf~ '* ^ 0-tTY'Ov''' 10 Page Line Should Read: LU3f? 11 Reason for change: 12 '~]~yrt<>cr erf^ir- ~ OUer'i- <,Or(r\Ci a/ 13 Page2(7 Line j ^ Should Read : Key* " p/t>/y 14 Reason for change: ~r`4c p 15 e^yo (r- 16 Pag e.T}C> Line 2.S Should Read: to ^ 17 Reason for change: 18 ~Tx'^y> r! pi 'otn -<* vyd v19 Page^0O Line _> Should Read : jo ~t -- ly <9`f' 20 Reason for change: 21 f T<SlV)tyC'f ip~f s-Of/i (:ffTQf 22 Page Line Should Read: 23 Reason for change: 24 25 Gore Perry Gateway & Lipa St. Louis, MO (314) 241-6750 621-4790 621-2571 621-8883 WATER PCB-SD0000045236 199 1 Comes now the witness, ROBERT GEORGE KALEY II, Volume, 2 and having read the the foregoing transcript 3 of the deposition taken on the 9/30/2004, 4 acknowledges by signature hereto that it is a 5 true and accurate transcript of the testimony given 6 on the date hereinabove mentioned. 7 8 9 10 11 12 Subscribed and sworn to me before this 13 , 2004 . 14 My Commission expires 15 16 17 18 Notary Public 19 20 21 22 23 24 25 Gore Perry Gateway & Lipa St. Louis, MO (314) 241-6750 621-4790 621-2571 621-8883 WATER PCB-SD0000045237 507 1 State of Missouri ) 2 ) SS. 3 City of St. Louis ) 4 I, J. Bryan Jordan, a Notary Public in 5 and for the State of Missouri, duly commissioned, 6 qualified and authorized to administer oaths and to 7 certify to depositions, do hereby certify that 8 pursuant to Notice in the civil cause now pending and 9 undetermined in the In the United States District 10 Court For the Northern District of Alabama, to be used 11 in the trial of said cause in said court, I was 12 attended at the offices of Husch & Eppenberger, LLC, 13 in the County of St. Louis, State of Missouri, by the 14 aforesaid witness and by the aforesaid attorneys, on 15 the 30th day of September, 2004. 16 The said witness, being of sound mind 17 and being by me first carefully examined and duly 18 cautioned and sworn to testify the truth, the whole 19 truth, and nothing but the truth in the case 20 aforesaid, thereupon testified as is shown in the 21 foregoing transcript, said testimony being by me 22 reported in shorthand and caused to be transcribed 23 into typewriting, and that the foregoing pages 24 correctly set forth the testimony of the 25 aforementioned witness, together with the questions Kaley, Robert Ph.D. MCWANE WATER PCB-SD0000045238 508 1 propounded by counsel and remarks and objections of 2 counsel thereto, and is in all respects a full, true, 3 correct and complete transcript of the questions 4 propounded to and the answers given by said witness; 5 that signature of the deponent was not waived by 6 agreement of counsel. 7 I further certify that I am not of 8 counsel or attorney for either of the parties to said 9 suit, not related to nor interested in any of the 10 parties or their attorneys. 11 Witness my hand and notarial seal at 12 St. Louis, Missouri, this 14th day of October, 2004. 13 14 15 J. Bryan Jordan 16 Certified Court Reporter No. 00532 17 State of Missouri 18 My License expires: January 1, 2005 19 20 21 22 23 24 25 Kaley, Robert Ph.D. MCWANE WATER PCB-SD0000045239 509 1 Gore Perry Gateway & Lipa Reporting 2 3 4 Joseph G. Nassif, Esq. 5 Husch & Eppenberger, LLC 6 190 Carondelet Plaza, Suite 600 7 St. Louis, MO 63105-3441 8 9 Enclosed please find the Original Signature pages 10 and errata sheets for the deposition of: 11 ROBERT GEORGE KALEY II, Volume taken 9/30/2004 in the case of: 12 Solutia, et al., vs. McWane, et al. 13 Please read your copy of the transcript, noting 14 any corrections on the enclosed erratta sheets, 15 and return all pages for filing in court to: 16 Wendlene M. Lavey, Esq. 17 Squire, Sanders & Dempsey, L.L.P. 18 4900 Key Tower 19 127 Public Square 20 Your prompt cooperation will be appreciated. 21 Sincerely, 22 23 Gore Perry Gateway & Lipa Reporting 24 Kaley, Robert Ph.D. MCWANE WATER PCB-SD0000045240 1 Page Line Should Read: 2 Reason for change: 3 4 Page Line Should Read: 5 Reason for change: 6 7 Page Line Should Read: 8 Reason for change: 9 10 Page Line Should Read 11 Reason for change: 12 13 Page Line Should Read 14 Reason for change: 15 16 Page Line Should Read 17 Reason for change: 18 19 Page Line Should Read 20 Reason for change: 21 22 Page Line Should Read 23 Reason for change: 510 Kaley, Robert Ph.D. MCWANE WATER PCB-SD0000045241 1 Page Line Should Read: 2 Reason for change: 3 4 Page Line Should Read: 5 Reason for change: 6 7 Page Line Should Read: 8 Reason for change: 9 10 Page Line Should Read 11 Reason for change: 12 13 Page Line Should Read 14 Reason for change: 15 16 Page Line Should Read 17 Reason for change: 18 19 Page Line Should Read 20 Reason for change: 21 22 Page Line Should Read 23 Reason for change: 511 Kaley, Robert Ph.D. MCWANE WATER PCB-SD0000045242 1 Comes now the witness, ROBERT GEORGE KALEY II, Volume, 2 and having read the the foregoing transcript 3 of the deposition taken on the 9/30/2004, 4 acknowledges by signature hereto that it is a 5 true and accurate transcript of the testimony given 6 on the date hereinabove mentioned. 7 8 9 10 ROBERT GEORGE KALEY II, Volume 11 12 Subscribed and sworn to me before this 13 day of , 2004 . 14 My Commission expires 15 16 17 18 Notary Public 19 20 21 22 23 512 Kaley, Robert Ph.D. MCWANE WATER PCB-SD0000045243 I COURT MEMO 2. 34 5 Solutia, et al., vs. McWane, et al. 6 CV-03-PWG-134-E 7 8 CERTIFICATE OF OFFICER AND 9 STATEMENT OF DEPOSITION CHARGES 10 II DEPOSITION OF ROBERT GEORGE KALEY II, VOLUME 12 TAKEN ON BEHALF OF THE DEFENDANT 13 9/30/2004 14 Name and address of person or firm having custody of 15 the original transcript: 16 Wendlene M. Lavey 17 Squire, Sanders & Dempsey 18 4900 Society Center, 127 Public Square 19 Cleveland, OH 44114 20 21 22 23 24 513 Kaley, Robert Ph.D. MCWANE WATER PCB-SD0000045244 1 ORIGINAL TRANSCRIPT TAXED IN FAVOR OF: 2 Wendlene M. Lavey 3 Squire, Sanders & Dempsey 4 4900 Society Center, 127 Public Square 5 Cleveland, OH 44114 6 Total: 7 1 ONE COPY - TAXED IN FAVOR OF: 8 Joseph G. Nassif 9 Husch & Eppenberger 10 190 Carondelet Plaza, Suite 600 11 St. Louis, MO 63105 12 Total: 13 1 ONE COPY - TAXED IN FAVOR OF: 14 Lynette Eaddy Smith (Troutman 15 Troutman Sanders LLP 16 600 Peachtree St, NE, Nations Bank Plaza, 17 Atlanta, GA 30308 18 Total: 19 1 ONE COPY - TAXED IN FAVOR OF: 20 James A. Langlais 21 Alston & Bird, LLP 22 One Atlantic Center, 1201 West Peachtree 23 Atlanta, GA 30309 24 Total: 514 Kaley, Robert Ph.D. MCWANE WATER PCB-SD0000045245 1 2 Upon delivery of transcripts, the above 3 charges had not been paid. It is anticipated 4 that all charges will be paid in the normal course 5 of business. 6 GORE PERRY GATEWAY & LIPA REPORTING COMPANY 7 515 Olive Street, Suite 700 8 St. Louis, Missouri 63101 9 IN WITNESS WHEREOF, I have hereunto set 10 my hand and seal on this day of 11 Commission expires 12 13 Notary Public 14 15 16 17 18 19 20 21 22 23 24 25 515 Kaley, Robert Ph.D. MCWANE WATER PCB-SD0000045246 [& - 248] Transcript Word Index & 12 (cont.) 1960 20 (cont.) 511:1 512:1 513:1 514:1 & 315:18316:4,14317:13 515:1 319:3,14 320:3 321:21,25 12:12 322:5 325:18 326:7,10,15 447:11 384:22 465:2 495:3 507:12 1201 509:1,1,1,1 513:1 514:1,1,1 319:15514:1 515:1____________________ 127 316:16 509:1 513:1 514:1 0 12th 374:17,19 414:20 1961 455:6 1964 455:3,7 1969 474:15 1970 425:14,21 426:3 470:18 510:1 511:1 512:1 513:1 514:1 515:1 200 318:4 326:8 2000 326:25 388:8 2000's 407:10 20015 000079 352:25 000084 353:1 326:25 13 392:25 509:1 510:1 511:1 512:1 513:1 514:1 515:1 476:23 477:11,18 479:9 1970's 323:10 1976 318:14 2004 314:12 315:22 321:7,9 507:15 508:12 512:1 00532 134 486:21 488:3 2005 508:16 314:4 315:8 513:1 1980 508:18 03 314:4 315:8 321:17 513:1 044190 1345 321:17 14 493:17 1980's 347:10,14 374:11 467:15 202 317:18318:15354:5,10,12 396:22,23 397:1 462:12,13 349:4____________________ 362:7 393:6 394:22 409:14 1984-1985 481:25 1 509:1 510:1 511:1 512:1 347:16 205 1 320:19 326:24 331:14 387:1 454:20 475:16 476:1 476:12,15481:11 508:18 509:1 510:1 511:1 512:1 513:1 514:1,1,1,1 515:1 1:11 447:14 1:12 448:19 1:17 449:24 10 330:20 361:1,13 376:25 423:24 509:1 510:1 511:1 512:1 513:1 514:1 515:1 10:42 387:2 10:455 387:5 100 318:4 11 336:19 377:22,24 378:2 403:18 509:1 510:1 511:1 512:1 513:1 514:1 515:1 11:06 395:22 11:07 395:25 11th 383:14,17 397:25 431:11 450:25 12 513:1 514:1 515:1 14th 508:12 15 362:12400:11,18410:15 481:6 509:1 510:1 511:1 512:1 513:1 514:1 515:1 16 411:17509:1 510:1 511:1 512:1 513:1 514:1 515:1 17 509:1 510:1 511:1 512:1 513:1 514:1 515:1 175 326:7 18 450:19 509:1 510:1 511:1 512:1 513:1 514:1 515:1 19 353:13 356:23 398:6 403:18 404:1 415:25 417:18509:1 510:1 511:1 512:1 513:1 514:1 515:1 190 315:19 316:5 321:11 509:1 514:1 1901 319:4 1930 479:9 1948 331:5 1950's 380:11 1985 485:10 487:19,21 1989 383:18 1990 426:3 1990's 381:7 462:24 483:21 494:12 1993 368:9 375:13,16 1994 369:23 370:23 1995 371:12391:18400:13 1996 360:20 361:10,12 403:8,12 405:25 407:8,20 1997 398:9 409:14,16 1998 398:9 425:6 1999 329:25 330:2 424:22 425:6 471:22 2 2 360:2 387:5 430:18 447:10 454:21 468:17 509:1 510:1 511:1 512:1 513:1 514:1 515:1 2:27 315:21 506:14,15 20 317:19319:7 205-251-5900 317:17 20th 317:14 21 358:11 419:6 432:16 509:1 510:1 511:1 512:1 513:1 514:1 515:1 216 316:18,19 216-621-0577 320:8 216-621-1312 320:7 22 337:9 358:11 407:19 422:16509:1 510:1 511:1 512:1 513:1 514:1 515:1 2211 337:25 22nd 424:22 23 342:24 363:6 409:14 424:20 509:1 510:1 511:1 512:1 513:1 514:1 515:1 24 410:10429:10,14,15431:4 509:1 513:1 514:1 515:1 2400 319:5 248 318:6,7 385:4 451:15 509:1 510:1 357:19 418:6 451:15 509:1 Kaley, Robert Ph.D. MCWANE WATER PCB-SD0000045247 [25 - 85203] 25 413:14 432:2 434 451:18, 23 515:1 250 328:4 254-1061 319:7 254-1999 319:8 258-1439 318:7 258-1616 318:6 26 363:11 434:12 27 443:24 444:5,6 28 446:13 29 415:25 429:13 3 3 327:24 359:15 360:5,8 447:14 509:1 510:1 511:1 512:1 513:1 514:1 515:1 30 314:12 321:7 328:13,20 329:3 376:18 3007 435:13,14,18 436:8 30308 514:1 30308-2216 317:6 30309 514:1 30309-3424 319:16 305 318:13 30th 315:21 321:9 507:15 314 316:8 314-480-1500 316:7 314-480-1505 316:9 32 363:18 322 320:12 323-2197 317:19 326 320:19 33 363:21 330 320:20 336 320:21 345 320:22 348 320:23 35 330:4 340:20 341:2,3,23 422:16 423:1 352 320:24 35203-2618 319:6 36 364:5 37 360:2 424:20 38 360:2 39 429:10,17_______________ 4 4 356:14 410:23 411:9 509:1 510:1 511:1 512:1 513:1 514:1 515:1 40 387:17 401:21 460:13 400 317:15 404 317:8 404-881-7000 319:18 404-881-7777 319:19 41 434:11 42 365:1 435:12 43 436:18 44114 513:1 514:1 44114-1304 316:17 44115-1126 320:5 45 444:6 458 56.5 320:13 333:21 335:5 46 446:13 462055 336:18 462077 337:10 462078 343:1 462197 336:18 462477 330:17 462484 332:20 462620 330:17 47 349:10 353:22 354:1 479-8545 316:18 479-8780 316:19 48 430:18 480 320:14 480-1818 316:8 48304-2949 6 6 320:21 336:11,14,14 364:11 374:2 509:1 510:1 511:1 512:1 513:1 514:1 515:1 600 315:19316:5317:5,14 509:1 514:1,1 60's 462:25 478:9 61 468:9 63101 515:1 63105 514:1 63105-3441 316:6 509:1 64 468:9 650 320:4 686-4843 318:16 686-4844 318:15 7 318:5 7 4900 320:22 345:12,25 346:21 316:15 509:1 513:1 514:1 349:10 353:17 364:14 494 369:20 378:16 387:15 320:15__________________ 409:16481:3 509:1 510:1 5 511:1 512:1 513:1 514:1 5 320:20 330:8,12,12 332:19 515:1 700 515:1 346:20 360:4 509:1 510:1 511:1 512:1 513:1 514:1 70's 462:25 478:9___________ 515:1 50 8 412:10,12 432:5 8 505 320:23 348:21,24 369:22 320:16 372:1 374:2 387:15 388:10 515 390:6 395:9 509:1 510:1 515:1 511:1 512:1 513:1 514:1 5200 515:1 317:4 8.3 532 394:8,19 315:23 812 5335 320:4 318:13 85203 55 317:16 335:5 Kaley, Robert Ph.D. MCWANE WATER PCB-SD0000045248 [885-3489 - alternating] 885-3489 317:7 8th 403:12_________________ 9 9 320:24 352:16,23 375:13 376:3 509:1 510:1 511:1 512:1 513:1 514:1 515:1 9/30/2004 509:1 512:1 513:1 9:15 315:21 321:9 9:45 345:19 9:52 345:22 9202 318:16 9205 319:8 962-6688 317:8 986-5023 317:18 99 422:15_________________ a a.m. 315:21 321:9 345:19,22 387:2,5 395:22,25 abatement 406:10 able 374:6 413:5 440:9 absent 468:2 acc 458:9 acceptability 485:9,25 486:15 487:6,16 487:19,23 488:7 acceptable 479:20 accepted 478:24,25 access 374:3,7 445:21 accessed 448:21 accessing 374:23 account 380:1 accounts addressing agree 422:8 456:13 329:6 331:2,18,19 333:10 accumulate adem 334:5,23 337:17 338:8 481:25 326:25 335:17 339:7 339:25 341:9,11,12 343:10 accumulated 377:16,18 378:14 384:4 348:3 353:7 369:5 379:25 477:13 385:4,10 390:12,18 391:2 426:13 441:2,4 461:20 accumulation 403:14 405:18,25 406:12 471:17 473:8 479:21 363:7 413:12415:14416:22 agreement accurate 424:22 429:11 432:6 407:16 415:13 465:4,5,6,7 512:1 450:14 463:15,17 471:21 469:22 508:6 acetone 471:25 502:16 506:1 agreements 364:1 adem's 325:1,2,3 465:2 acid 377:9,21 ahead 362:1 adhere 332:22 342:24 353:25 acknowledges 491:2 442:25 503:16 512:1 adhered air acquired 386:15 386:1,12,19 387:9 419:6,8 370:5 401:22 411:18 adjacent 419:8,11,13,13,17420:1,20 414:15 483:12,19,20 491:12 420:22 421:13,15,19 422:2 484:12,15,15,16,25 485:3 administer 422:16,17,20,25 424:24 acquisition 507:6 425:3,4,8,11,15,18,22 374:8 405:24 adph 426:3,11,16,21,23,23,24 act 405:25 427:3,5,16,18,22,24 428:3 445:14 adsorbent 428:6,9,13,17 436:1 450:8 action 420:1 465:12,15 492:25 493:4 359:16 361:2,4,10,11,15,21 advisory airborne 379:8 383:18,22 480:10 375:14,17,20,23 376:4,8,12 491:15 490:7 495:16 376:22 393:14 406:2 al actions affairs 314:2,6 315:5,10 317:16 414:2,5 486:5,7 488:10 319:6 321:15,15 509:1,1 active affect 513:1,1 471:7,10,11 489:24 492:6 340:6 392:21 alabama activities affidavit 315:2 321:16 347:4,18,22 385:5 387:18 419:1 429:11 345:2,10 371:24 387:19 348:3 367:4,9,19 368:8 432:8 492:15 502:24 388:8,25 389:2,11,13,17,19 373:4 374:9,22 380:17,19 activity 389:22,23,24 398:11 406:1,8 412:11 414:15 501:4 400:11 406:14 429:9 415:1 424:3 432:14 442:1,3 actual 430:13,21,24 432:11 442:9 507:10 469:16 450:19 451:15 481:4,9 alan ada 506:9 350:21,22 371:16,17,19 352:25 353:1 aforementioned 387:25 391:10,11 401:9 addition 507:25 413:7 418:2 463:18 389:25 390:2 409:10 aforesaid allison 464:10 321:4 322:20 507:14,14,20 318:11 322:13 additional age allow 335:16 379:17 392:18 321:2 322:18 473:19 501:14 504:2 403:1,4 407:8 414:2,5 agencies allowed 432:7 446:14 460:9 475:21 442:2,4,9 450:4 455:23 492:16 address 458:10 alston 321:10513:1 agency 319:14514:1 addressed 390:13 436:19 450:13 alston.com 388:16 443:10 456:12 ages 319:20 472:9 438:5 alterations addresses ago 392:21 457:4 335:8 407:7 414:8 323:17 326:11,13 328:13 alternating 345:7,8 449:7 498:15 506:2 395:17 Kaley, Robert Ph.D. MCWANE WATER PCB-SD0000045249 [ambient - august] ambient answer (cont.) approximate assessments 419:6,8 504:11 399:20,25 437:8,14,16,25 american answered approximately assignment 458:2 503:20 504:10 323:9 326:11 387:17 325:5 amount answering 399:16,21 401:21 483:20 assist 392:9 481:22 482:14 500:1 485:10 435:17 495:21 amounts answers approximation assistance 471:15 473:21 491:16 437:10 459:1 498:5,6 508:4 485:24 418:24 495:8 amsouth anticipated april associated 319:5 515:1 386:23 399:22 434:24 456:23,23 analysis anybody arbitration 483:23 388:13 442:8 444:24 445:9 428:5,10,12 435:3 494:17 448:2,4,8 465:19 associates 446:15 472:4 505:15 area 370:15,17,20 371:1,8 analytical anymore 349:9,10 362:8,13 363:7 384:17 328:11,17,20,24 332:23 452:10,23 364:16,23 365:2,4,17 assume 333:20 340:19,24 341:5 anytime 395:15,18 396:8 398:25 373:5 396:16 400:22 365:19 370:4 408:5 466:2 341:5 402:7,9,10,11,12,20,20,20 446:22,23 447:4 462:9 487:11,13 aoc 402:24411:4,13,15,16 470:20 482:14 analyzed 366:6 395:16 396:8 397:6 422:7,9,13,17 424:5,6 assumption 378:3 444:12 429:21 430:1,5,7,13 429:12,20,21,21 430:17 342:18 373:9 469:6 analyzing apologies 432:19 451:8,11 452:6 atlanta 445:5 406:15 460:12,18 475:5,19 477:21 317:1,6 319:16 322:8 367:9 anchor apologize 483:7,24 484:2,6,9,21 514:1,1 320:1 392:8 488:4 493:18 498:17 atlantic anniston apparently 501:16 505:5 319:15514:1 323:5,23 324:4,8 327:25 323:5 403:11 409:16 areas atsdr 328:7,15 337:25 338:5,10 413:17 429:10 442:18 353:5 388:16,18,21 395:1 437:13 442:4,13,19 443:2,2 338:12 340:25 343:5,23,24 appear 403:1,5 411:8 416:25 443:13,16 456:6,16,23 345:5 349:19 350:15 353:8 360:10 420:24 423:23,25 426:15 attached 356:19 357:12 358:15 appearances 431:17433:10444:1,4,8,10 430:20 359:7 360:22 362:4,21 316:1 446:16 460:9 483:15 488:4 attachment 363:23 366:9,16 367:16 appears 500:5 430:21,22 468:17 369:13,16,19 371:6,12 331:3 332:8 339:23 343:7 argue attachments 375:4 376:21,21 377:7,8 353:7 405:25 411:17 355:19 388:24 378:18,22 379:2,14 380:13 422:16 429:8 444:12 argument attack 381:1,23 384:14 385:5,18 appendix 341:16,19 343:6 385:22 389:7 390:11 468:17 arrived attempted 396:10,13 408:4 409:7 apples 396:16 474:12 416:13 419:9 421:6 422:17 426:7 asdr attempting 423:12 424:4,7 428:14 applications 442:20 474:21 431:17,20 434:25 435:5 502:18,19 aside attended 444:1 446:15 455:15 applied 345:1 384:7 432:17 507:12 459:12,16 463:6,7,14 492:14,19 493:20,22 asked attention 472:14 473:24 474:7 appreciate 333:3 346:14 354:25 375:20 479:18 488:21,25 490:6 404:11 355:21 372:9 392:7 429:10 attorney 491:7,19 493:7,8,20 494:2 appreciated 435:20 446:8 458:20 483:5 373:6,18 380:17,19 436:17 494:7 495:19 496:7,9,17 509:1 495:6,7 496:15,25 498:7,15 499:18,21 508:8 498:18 501:15 502:20 approach 500:5 506:4 attorneys 505:5 404:20 463:19 asking 325:24 332:13,14 337:7 answer appropriate 336:1 355:9,13 448:25 372:23 373:2,2,10,13 329:5,13 353:20 355:2,24 478:14 480:11 497:13 458:23 497:6,16 500:2 419:12 436:4 438:4 463:20 355:25 356:2 359:18 approval asks 464:25 507:14 508:10 361:20 362:24,25 405:6 432:6,10 435:23 audio 422:10 440:22 442:25 approved assessment 448:18 478:18 480:5,8 495:24 390:20 391:15 436:19 august 497:13 500:8 503:11,14 369:23 370:23 388:8 Kaley, Robert Ph.D. MCWANE WATER PCB-SD0000045250 [authorized - broken] authorized based (cont.) believe (cont.) blanked 507:6 420:7 423:1,19,22,22 439:9 418:18 419:2 420:15 423:7 449:1 auto 457:14 472:3 479:5,9,23 423:8,13,17 424:6 427:7 blending 484:22 502:6,15,17 505:1,10 428:23 431:2,11,22 433:10 363:12,14 available basically 435:23 436:13 438:2 439:1 block 332:9 424:25 425:3 446:17 420:5 445:12 451:7 466:2 439:13,17 442:3,10 445:20 384:22 446:19,23 447:5 473:20 470:19 446:1 447:2,3,25 448:14 blood avenue basin 450:7,12,24 451:11 453:9 435:25 493:8 318:13 319:4 484:23 413:16,17,24 451:16,18 456:18,23 458:6 459:5,18 bloomfield average 452:3 460:12,19 463:17 466:9 318:4,5 422:6 basing 468:9 469:14 472:22 blouse land averages 344:19 474:19 475:18,24 476:24 384:22 439:9 basis 477:23 479:11,12,18 483:7 bob awaiting 390:20 393:14 478:19 484:7,22 486:4,19 487:6,17 324:25 432:6 480:2 487:14 499:1 503:9 489:25 490:19 493:1,6 boil aware bates 496:1 497:24 499:19 500:5 358:20 338:18,20 341:7 352:9,13 330:14,16,17 336:17 believes boiler 376:14 378:8,24 379:1 337:10 343:1 349:3 352:25 440:8 358:12,12,17 381:19 382:24 383:10,23 bbl best boilers 384:2 400:15 424:13 384:22 389:4 402:17 410:6 458:19 358:14 428:15 433:24 435:4 417:13,15,16418:1,2 bethel bottoms 445:18 464:23 467:18,21 bear 399:2 327:18 337:20 351:12 471:12 473:4,10 477:21 336:4 better 357:6,8 358:21 359:2,5 478:3 485:5 489:13 becoming 341:8,22 398:4 453:22,24 454:2 476:22 awpca 487:5 beyond 477:6,9,10,17 391:21 bed 479:20 bought b back 324:25 336:5,8 339:15 340:10 345:21 353:11 369:16 387:4 389:20 395:24 447:13 449:23 466:16 470:18 472:20 473:18 474:13 background 419:4,10 420:23 423:6,15 423:19,21 465:9 472:6 backup 388:4 backups 3795 bad 383:20 bank 381:12514:1 hankc 433:1,3 baptist 399:3 base 426:17,18,18 461:12,19 482:2,5 based 328:16 338:4 344:13 360:14 364:7 367:15 372:1 376:10,17 388:12 401:20 361:2,24 362:3 big beds 406:4 361:25,25 bigger beginning 424:11 330:16 bill begins 487:20 488:3 434:11 447:14 billion behalf 394:8,10 415:23 315:18 420:18 424:18 billy 513:1 481:4 behaved biphenyl 479:18 334:17 349:24 351:13 behavior 365:5,10,16 453:22 454:3 478:14,21 479:4,5,9 477:11 belief biphenyls 329:17 457:12,14 331:4,21 333:5 488:24 believe 489:3 324:10 336:25 337:1 bird 342:22 343:22 347:10 319:14514:1 348:7,19352:10354:11,15 birmingham 354:17 356:25 358:1 317:16 319:6 359:19 360:19,22 365:8 birth 368:10 369:8 370:15 371:3 457:1 371:20 374:13 379:17,19 bit 383:6,11 384:14,15 386:23 407:20 427:7 389:8 390:20,25 393:4 biweekly 394:10 398:6 401:9,20,23 405:18 404:5,25 405:9,9,10 407:8 blank 407:25,25 408:1,10 410:5,7 451:7,8 411:1 415:13416:17 380:10 box 354:1 branchfield 350:18,20 361:18 365:25 387:25 388:2 391:9,12 403:16 408:16 409:25 417:14418:10,20,24 427:17 428:2 446:5 490:13 502:25 breaching 348:9 break 345:15,16 394:9 447:7 502:9 brent 373:19,20,23,25 bridge 432:15 brief 471:20 briefly 485:6 broad 444:24 445:9 broadest 393:24 broken 477:14 Kaley, Robert Ph.D. MCWANE WATER PCB-SD0000045251 [brown - claims] brown cap (cont.) caxton charges 327:10 342:21 350:10,24 374:13 397:17 410:18 320:4 513:1 515:1,1 356:20 358:7 359:3 362:25 414:13,18,19 467:23 468:2 cease check 363:25 366:14 389:2,3,4,5 482:18,22 493:12 449:3 396:16 417:20,25 463:12 capacity cells checking 466:14,23 467:4,8 494:8,11 451:19 482:9,13 506:6 brown's capped center chemical 389:11 463:9 398:5 319:15513:1 514:1,1 360:11 380:6,18 bruce captured certain chemicals 420:15 340:18 355:5,10 406:7 443:6 488:13,16 bryan carbon 486:20 498:16 chemist 315:22 507:4 508:15 333:4,7,13,21,22 335:4,19 certainly 323:5 486:20,23 bryant 364:4 326:18 335:25 340:23 chemistry 323:4,7,13,16 459:7,14,19 carcinogenicity 350:12 351:2 352:2 368:10 435:11 458:2 466:3 460:1,4 473:1,7,9 474:25 438:13,17 456:9 369:2 378:24 379:8 401:5 Chicago building carefully 413:12 436:13 440:8 441:3 424:1,7 320:4 448:6 465:23 466:8 411:5 507:17 441:11 489:5 491:10 chief burn Carolina 496:10 498:6 499:10 470:19 358:2 346:7 certificate children burned carondelet 513:1 438:15456:10,15,17,21,24 358:1,22 315:19 316:5 321:11 509:1 certified 457:8,11,20,25 458:4 burning 514:1 315:22 321:13 508:16 chloride 359:2,5,5 carried certify 362:23 business 334:17 432:4 468:4 507:7,7 508:7 chlorinated 515:1 carries chairs 351:8 butzel 434:12 480:19 choccoloc 318:3 322:9 carry chance 388:20 butzel.com 396:20 441:8 379:5 choccolocco 318:8 carrying change 376:14 377:1 381:7 388:21 buyback 458:5 339:23 386:24 447:7 510:1 397:23 406:10 416:11 460:8,12 case 510:1,1,1,1,1,1,1 511:1,1,1 430:9,10 431:24 432:25 byproducts 314:4 315:8 321:4,15 511:1,1,1,1,1 chose 334:14 466:4 322:20 328:3 352:25 changed 339:10,12 c 383:23 466:5,7 479:13 calhoun 379:15 380:2 381:2,18 481:4 495:11 497:1,23 498:1 507:19 509:1 383:5 475:5 cases call 333:12 334:6,8,12,13,14 381:13 430:13 444:24 405:12479:11,12480:11 480:11 catalyst 445:9 449:14 470:22 471:5 rallprl 362:13,23 363:3 catalysts 325:20 334:24 337:19 354:7 369:4 383:17 399:2 413:16 453:22 459:11,11 477 14 calling 4602 cancellation 469:24 cancer 439:2,3,6 cancers 439:7 cap 362:21 catch 446:24 categorize 457:4 caught 344:15 cause 321:16 507:8,11 caused 402:23 422:13 507:22 cautioned 507:18 371:2,10,14,22 372:10 406:21,22 408:22 478:24 486:22 changeover 470:25 changes 343:25 384:10 389:23 468:16 479:1 changing 480:19 channel 451:23 channeled 452:1 characteristics 379:10 490:20 characterization 437:5,23 438:14 characterizations 436:25 characterize 437:17 charge 417:13 church 399:2,3,5,6,8,13,18 circle 349:14 365:11 395:19 396:3 399:16,17 circled 396:7,9 398:19 431:9 circles 396:5 circumstances 478:23 cite 341:4 citizen 478:5 city 378:17,22 379:2,14 381:1 381:23416:13507:3 civil 507:8 claims 405:16 Kaley, Robert Ph.D. MCWANE WATER PCB-SD0000045252 [clair - consultants] clair column complaints 439:3 333:16,25 477:21 478:5,12 clarification combination complete 450:11 469:13 402:13 419:18 420:5 327:1 393:17,18,19 432:3 clarified combustion 508:3 383:19 398:12 466:3 completed clarifies coming 386:3 353:16 403:21 384:24 404:9 completion clarify comment 494:5 394:19 325:4 390:14 complies clarifying commented 349:17 354:2 365:14 353:14 437:11 399:19 429:7 451:13 clay comments composite 414:24 415:1 461:23 384:9 385:7,10,14 390:23 475:19 462:20,23 467:23 468:2 391:2,5,8 392:5 413:12,13 compounds clayton 424:13,16,16,18 437:2,9 444:13,21,25 445:4 321:11 438:2 443:5,9,10,11 490:12 compressor clean commission 363:7,10 345:10 512:1 515:1 comprised cleaned commissioned 333:21 333:25 458:9 507:5 compulsory cleaning commonly 493:23 405:22 495:19 414:19 concentrating cleanup communal 504:13 448:5 465:22 444:1,4,8 conceptual clear communications 490:3,5,10,15 491:18 356:10 453:18 443:12,14 470:9 concern clearly community 353:5 415:6,12 429:12,21 341:18 430:7,24 461:16 340:25 343:24 473:25 484:21 Cleveland companies concerned 316:17 320:5 513:1 514:1 383:8 471:3 505:11 432:25 client company concerning 325:3 319:12 323:12 325:20 332:4 346:2 365:20 407:6 clint 347:4,19,22 348:3 360:12 443:13 463:13 466:25 443:18 367:5,10,19 368:8 373:4 477:22 478:5 close 374:9,22 380:7,10,18 391:3 concerns 341:5,21 399:4 423:2 391:4 400:23,25,25 412:3 432:18,22 451:16 471:11 closed 412:21 414:15415:1 concluded 339:6 340:7,10 343:8 438:13 452:23,24 470:16 506:16 Clydesdale 471:13,14 479:5 487:13 concludes 484:23 488:12 495:22 515:1 506:12 cohort company's conclusion 439:8 478:14 479:4 328:10,16 341:17 426:19 cohorts comparable 457:18 457:20,22 420:23 424:7,10 conclusions cold compare 343:25 428:19 461:12 482:2,3,4 425:21 concrete collect compared 475:11 349:23 413:22,23 419:23 440:6 441:9 conduct collected comparing 446:14 479:7,24,25 328:20 330:1 414:9 419:25 478:22 conducted 420:2 477:12 492:15 comparison 419:11 446:14 479:18 collection 378:13 426:6 confidence 483:25 complaint 340:6 344:14 college 497:22 configured 465:14 397:2 confirm 406:16 435:2 504:2 confirmation 328:12 confirming 503:23 confirms 340:21 confused 372:9 confusion 414:17 conjunction 366:3 connection 323:18 331:4 337:2 346:1 364:6 367:2,2,5 370:22 377:18 380:19 384:19 385:17 389:7 413:20 418:9 418:25 422:2 425:19 433:23 436:8 445:3,16 448:8 457:10 479:23 489:18 conscious 496:1 consent 384:4,10 391:19,24 392:2,5 393:21 403:8,11,14 407:16 consider 423:5,19,21 424:4,4 487:1 consideration 441:11 considered 386:2,3 496:10,11,12 considering 497:8 consistent 437:16 439:2 479:19 consistently 437:13,17 constituents 496:19 constructed 354:13 construction 354:5,10 396:23 397:1 412:2,3 413:15 432:15,20 462:22,24 consultant 360:18 371:1,10 393:9 402:16417:15464:19 consultants 366:3 370:11,12,13,14 372:22 384:18 391:6 400:9 402:15 410:3 412:20,22 420:6,10 422:12 434:19 Kaley, Robert Ph.D. MCWANE WATER PCB-SD0000045253 [consultation - cut] consultation continuing (cont.) correct (cont.) cover (cont.) 442:13 478:18 502:15 506:8 343:9 344:11,25 351:13,16 412:13,16 414:24 415:2 consultations contracted 352:3,12 353:5 368:5 369:7 436:15 462:22 443:5,14 427:4 379:8 385:25 386:13,16 covered consulted contractor 389:18,19 391:13 398:2 398:5 487:12 384:25 385:1 417:16 399:23 406:2 408:15 craddock consulting 489:22 410:25413:19414:19 485:13 486:9 324:18 325:2,12,13,15,17 contractors 426:8 429:22 435:7 441:10 craddock's 325:20,21,22 326:9,12,21 382:13 447:21 451:17,20 453:1,9 485:20 465:3 contribu 453:23,25 454:6 456:10 craft consumption 495:18 457:16 460:15 461:9,10 498:4 375:14,17,19,23 376:4,8,22 contributed 465:23 466:17 467:25 crafted 406:2 328:14 343:23 426:15 468:9 469:5,8,18,21 471:8 498:6 contact contribution 474:16,17 475:18 476:17 craig 371:5 377:12 414:4 420:15 495:17,18 482:2,20 483:8,9,22 485:8 350:17,19 361:18 365:25 459:10 470:1 contributor 485:11,14,17 486:8,18,25 387:25 388:2 391:9,12 contacted 496:7,18 487:9 488:25 489:11 397:15403:16408:16,18 323:22 367:19 373:2 contributors 490:21,22 491:3,4 499:19 408:20 409:1,10,24413:7 459:21 502:5 503:2,3,7 505:7,8 508:3 417:14,14 418:4,10,20,24 contacts control corrections 427:17 428:2 429:1,2 470:10 381:22,24 414:2 445:13 509:1 433:15,19,25 434:9 436:9 contain 491:24 492:2,5,10,12 corrective 436:10 446:5 463:19 406:17413:17 controls 359:16 361:2,4,9,11,15,21 502:24 contained 472:25 390:21 391:15 490:7 craig's 334:4 335:5 336:2 382:17 conversation correctly 419:4 383:1 412:10 454:5,8 459:6,13,20 466:20 467:3,4 500:9 507:24 create 467:16 467:5 498:11 correlation 492:18 containing conversations 394:7 created 358:3 361:25 472:8 327:10 459:24 467:13 cost 477:10 contains 503:10,12 418:8 creek 424:22 converter costs 376:14 377:1,2 378:3,7,11 contaminated 333:15 418:21,25 448:5 495:18 378:18,23 379:3,7,15,15,22 491:8,15 convey council 380:12 381:7,8,14 388:21 contamination 410:24 458:3 397:23,25 406:10 416:11 328:18 370:6 405:5 cooling counsel 430:8,9,10 431:24,24,25 content 414:5,9 316:1 321:17 404:21 432:25 467:17 cooper 476:12 496:12 503:10,13 creeks contention 319:3 322:5 495:3 503:14,18 504:8 508:1,2,6 381:2,5 383:9 491:12 426:9 cooperation 508:8 cross context 509:1 county 482:8 335:23 339:18 340:3 342:1 copies 315:20 379:15 380:2 381:2 crusher 343:16,18,19,21 383:22 325:1 345:17 431:1 381:19 383:5 439:3 475:5 363:17 468:20,25 470:8 479:22 copy 507:13 cubic continuance 332:15 345:10,15 441:13 couple 421:2,4 423:24 447:15 441:20,22 509:1 514:1,1,1 388:11 394:6 423:13 current continue corner 458:21 481:3 498:12 366:12 457:9 464:22 505:2 321:14 397:19 407:1 431:15451:3 500:20 currently 415:11 corporate course 386:18 487:24 continued 368:3 447:20 486:16 328:23 415:19 459:20 curt 322:23 corporation 515:1 321:12 continues 321:25 480:25 court custody 380:14 393:16 446:14 corps 315:1,23 321:13 430:25,25 513:1 continuing 383:4 504:22,24 507:10,11 customers 336:13 353:3 365:15 correct 508:16 509:1 513:1 470:2,5,23,25 471:2 399:15411:13429:8 328:22,25 330:6 335:11,12 cover cut 442:25 446:25 465:9 336:2 338:1,2,13 341:1 343:4 397:17,17 410:18,20 354:4,9 367:19 368:8 Kaley, Robert Ph.D. MCWANE WATER PCB-SD0000045254 [cut - director] cut (cont.) defendant's depths detections 381:13,14 320:19,20,21,22,23,24 475:9,11 423:14 cuyahoga 330:7,12 336:10,14,19 describe detention 320:6 345:11 348:20,24 352:15 331:20 332:1,8 339:6 370:1 413:16,16,24 451:16,18 cv defending 370:13 403:19 465:7 314:4 315:8 321:17 513:1 479:7 described determination d defense 340:7 343:8 347:24 350:4 324:22 412:19 d.c. 325:18 dam 319:1 322:6 495:4 505:4 define 430:19 356:14 358:10 359:15 determinations 361:1 362:7,12 363:6,12 498:24 364:10 365:1 368:3 369:20 determined 406:9 430:10 dashed 395:17 data definitely 329:7 degulis 320:3 322:12 369:22 374:10 380:3 387:18 388:18 389:1 392:25 395:16 407:5 408:24 409:14 410:10 386:2 415:5 determines 475:20 developed 328:17,20,24 329:23 330:1 delineate 414:3 422:1 423:16 433:20 402:11 341:1,5 450:8,9 370:4 424:17 438:3 370:5 delineation 435:24 442:1 describes developing 490:9 date 321:9 398:11 418:21 425:7 429:12 delivery 331:23 337:18,22 376:25 development 400:12 442:18 443:24 400:16 466:2 490:6,14 434:3 488:3 494:5 512:1 dated 326:25 331:5 515:1 demolished 412:8 describing 338:9 339:2 481:8 description 491:18 developmental 457:2 datron 320:1 322:12 demolition 411:25 412:4,9,20 331:15 339:3 347:25 362:10 471:20 dial 449:6,15,17 day 315:21 458:20 473:19 507:15 508:12 512:1 515:1 dempsey 316:14 321:25 509:1 513:1 514:1 design 417:20 designate dialed 449:8 died days 368:15,15 department 354:13 360:21 381:21 349:15 designated 491:13 dielectric dc 318:14 ddt 382:8 406:1 432:14 433:15 352:20 402:7,9,12 depend designation 341:24 352:21 493:13 difference 331:8 434:13,16,20,23 435:4 deal depending 476:7 despite 375:2 different 348:23 355:12 389:24 342:19 446:8 469:8 dealing depends 329:14 478:21 480:9 detail 409:19 502:23 398:11 411:8 435:10,11 450:6 470:12 475:6 496:4 346:21 458:24 470:24 deponent detailed 500:4 505:10 deals 346:22 dealt 508:5 deposed 495:11,15 369:22 370:9,22 405:20 410:14 details differentiate 419:17,21 420:4 difficult 469:17 472:7 deaths 466:10,11,12 decided deposes 321:4 322:20 deposited 476:22 361:14 370:7 372:15 detain 413:23 detectable 396:4 419:16 420:4 diligence 498:20,22 diphenyl 366:1 deposition 426:12 333:14 decision 367:8,13,15 368:23 369:10 378:10 439:10 decommissioned 314:14315:17321:14 detected diphenyls 330:20 336:19 387:1,6 327:25 341:16 392:9 394:3 331:22 447:10,15 464:12 506:13 407:3 420:20,22,25 421:6 direct 506:16 509:1 512:1 513:1,1 421:19 422:2 433:5,8 434:1 316:8,18317:18401:10 398:4 depositions 434:4,13 446:11 476:1 490:18 defendant 321:20 513:1 507:7 deposits 482:25 detecting direction 426:24 472:14 defendants 315:11,18 352:24 495:14 334:7,14 depth 348:4,4 detection directly 462:10 475:1 488:4 498:1 475:22 476:2,5 500:6 407:2 415:18 director 485:25 486:4,7 488:9 Kaley, Robert Ph.D. MCWANE WATER PCB-SD0000045255 [dirt - efforts] dirt dispose don dredgings 364:16,19,22 461:24 334:24 324:13 382:3,16,17,23 462:20 disposed donald dried disagree 334:8,12,15 335:6 472:8 404:25 405:10 491:13 437:17,19 438:11 461:10 477:11 dotted drum disagreed disposition 395:17 363:17 436:25 437:13,15 438:8,12 477:17 doubt drummed 438:13,14 dispute 358:24 351:6 454:17477:14,19 disagreement 448:5 465:22 downgrading drums 437:18,22 443:6 distillation 411:2,3 348:9 disagreements 359:5 downstream dsw 437:4 distinction 407:18410:20411:1 330:17,17 332:19 336:18 disagrees 503:7 downward 336:18 337:10 343:1 349:3 436:24 district 461:16 due discharge 315:1,2 321:16 507:9,10 dozens 498:20,21 342:2 383:13 397:19 408:9 ditch 457:19 dug 414:10 452:5 383:14,15,17 394:21 dr 347:23 discharged 397:25 431:7,11 450:20,22 389:2,3,5,11 417:20,24,25 duly 362:2 471:13,15 450:24,25 451:4,11,11 427:10 439:13 458:16 321:2 507:5,17 discharges 483:6,11 465:10 470:1 474:20,25 dust 340:12,14 414:4 426:16 ditches 475:3 476:21 478:13 477:22 478:5 491:15,24 discharging 394:22,25 395:13,17,20 479:21 480:8,24 485:20 492:2,5,10,19 493:1 380:20 396:9,9,13,20 397:2,6,9,13 494:15,24 497:22 498:16 dwg discontinued 397:22 398:1,3,18,19,24 505:2 321:17 330:5 399:22 400:1,3,4 452:8,9 draft e discovery 497:25 491:6 diversion 385:8 436:18,22 437:8,21 437:25 443:8,13 eaddy 317:2 514:1 discuss 410:17481:11 324:3 326:3 342:20 366:19 division drafted 471:23 earlier 389:16 395:2 403:20 367:25 374:3 379:13 417:18 discussed 369:3 412:6 416:13 doctors 485:19 drafting 360:20 drafts 423:16 429:6 443:7 448:15 450:2 452:11 453:21 454:4 455:10 459:6 460:7 461:6 324:24 346:17 364:8 372:13 375:22 388:12 document 443:4 490:11 331:1,20,25 332:1,5,7,16 drainage 464 13 476 24 502 4 505 1 earliest 395:15 404:3 407:19 431:8 450:2 454:20 455:10 456:7 332:18 333:1 334:5 335:7,9 335:14,15,24 336:15,16,21 383:14 386:1 392:18 394:1 394:21,22,24,25 395:13,17 329:21 early 463:19 336:24 337:1,7,15,22,24 395:19 397:5,9,13 398:18 380:11 381:7 432:17 485:7 discusses 327:24 375:13 416:2 435:13 339:18,22 349:2 352:24 353:2,3,16 411:12 430:3 437:11 468:18 473:6 398:19,23 399:22 400:1,3,4 403:6 450:20,22,24,25 451:4,11 452:2,8,9 473:25 490 17 easiest 481:19 discussing documentation 483:6,10 399:1 432:18 490:19 discussion 323:21 324:2 366:21 373:6 472:23 501:13 documented 416:19,20 468:17 draw 399:16 drawn 395:1 410:19431:7 452:6,7 edit 459:4 395:23 449:22 documents 344:1 effect discussions 323:25 370:19 372:2,6 373:23,25 375:25 377:15 384:8 403:13 404:13,17,22 346:1,9,9,13,17 350:7 366:18 379:13 383:3 413:8 468:14,15 dodge dredge 379:17 381:8 383:16 416:3 416:10,12,16,20 417:1,2,5 417:6,8 456:9 457:2,7 469:14 479:3 effectiveness 3907 9 effects 429:2 433:25 436:6,7 473:1 317:11 321:23 458:17 dredged 456:13,15,16,21,25 457:11 497:9 503:12,13,18 disease doing 325:15,17,23 326:9 379:9 378:18,25 379:3,21 381:4,6 381:18 382:15 397:6 457:25 effort 458:4 436:20 dispersion 383:24,25 389:8 447:2,3 dredging dollars 378:22 379:6,14 381:1,21 410 5 458 17 463 21 495:21,25 496:2 498:4 380:2 418:8,14 382:7 383:5,8,13,21,24 384:1 efforts 472:13,24 473:2,5 Kaley, Robert Ph.D. MCWANE WATER PCB-SD0000045256 [eight - explain] eight engaging errata excess 394:19 417:19 509:1 406:18 439:2,2,5 either engineer erratta excited 328:24 329:15 351:22 419:5 509:1 497:16 356:4 359:21 360:13 361:8 engineers escape excluded 361:13 382:25 386:13 383:4 343:4 359:23 387:25 400:8 408:18 413:7 enhance escaping exclusively 439:15 452:25 469:24 379:4,9 343:7 344:2,8,11,15 358:2 386:10 472:22 474:3 475:20 ensr esq excursions 477:13 485:4 488:20 419:8 420:12,14,18 423:20 316:3,13 317:2,12 318:2,11 421:3,5 422:1,9,13 489:22 490:16 498:4,22 423:22 319:2,13 320:2 509:1,1 excuse 501:15 508:8 ensuring essentially 340:25 358:16 373:14 elevated 409:21 456:7 457:20 484:24 379:12 380:21 382:2,8 340:12 482:10 entered 490:25 392:17 393:21 396:16 eligibility 403:11 405:4 493:12,14 estimate 418:5 495:18 402:6,19 entering 326:14 exhibit eligible 375:2 et 320:19,20,21,22,23,24 401:12,18 entire 314:2,6 315:5,10 321:15,15 326:24 327:23 330:7,12,12 eliminate 336:16 509:1,1 513:1,1 330:20 336:8,10,14,19 472:16,18 493:24 entirely evaluate 345:1,11,17,25 348:20,24 else's 346:12 496:16 352:15,23 387:15 395:4,8,9 428:16 entities evaluated 430:18 432:5 454:19 481:3 emanating 381:17 496:6,16 388:17 390:11,18,19 exhibits 477:22 entitled 491:18 496:5 320:18 430:19 431:1 emile 385:4 391:18 416:1 evaluating exist 412:11,15 environment 416:3 417:8 427:22 495:22 396:19,22 398:1 emissions 341:15,16,18 472:1,5,6 evaluation existed 386:19 465:12,15 489:10 496:8,20 428:17 442:20 496:22 397:24 478:2 emphasize environmental evaporation existence 473:23 328:14 340:11,14,25 342:3 468:5 396:10,13 employed 351:1 368:4,5 369:2,3,9 event existing 448:14 474:23 373:18 384:18 390:12 369:20 377:5,13,16,19 390:3 487:24 488:7 employee 402:14 408:18,25 409:12 392:14 446:11 exists 377:8 409:12 410:1 419:5 445:16 events 376:13 409:19 452:2 employees 486:4,7 488:10 498:23,25 446:17 expanded 327:3,6,9,11 350:8 370:16 epa eventually 402:20,24,25 403:1 406:1 372:2,17,21 439:11 464:3 339:8 390:18,22 422:16,25 392:23 397:24,25 493:19 460:8 466:25,25 467:13 472:14 424:14,16 436:6,7,16 everybody expansion 493:8 443:24 445:2,15 446:11,13 504:12 403:2,3,19 406:4,6 460:18 enclosed 446:25 450:14 456:2 evidence expected 509:1,1 epidemiologist 328:18 439:8 encompass 439:25 440:1,3 exact expended 429:22 epidemiologists 371:15 423:8 488:3 387:16 encountered 439:16 exactly experience 475:9,17 500:7,13 501:5 epidemiology 331:11 361:15 424:1 427:21 428:3,6 encouraged 439:24 440:6 441:9 443:10 459:4,4 469:10 experiences 493:24 eppenberger examination 420:7 ended 315:19 316:4 321:10 322:2 320:12,13,14,15,16 322:23 expert 328:21 340:21 341:2,3,6,22 507:12 509:1 514:1 458:14 480:22 494:22 447:23 448:7 465:12,19 341:23 equipment 505:24 497:1,4,9,14 ends 493:13,25 examined experts 359:6 erase 507:17 417:19,24 497:6 energy 504:22 excavation expires 358:22 359:6 erosion 500:24 508:18512:1 515:1 engaged 337:19 exceeded explain 386:18 499:18,21 503:5 328:2 426:25 Kaley, Robert Ph.D. MCWANE WATER PCB-SD0000045257 [explained - formal] explained fairly figure (cont.) five 427:2 415:8 423:2 483:19 430:18 345:7 446:22 457:20 explains fall figured 475:19 500:4 502:11 491:10 482:15 504:18 flat exposed familiar file 461:17 438:6 441:10 456:24 457:8 348:15 352:11,14 358:10 448:7 flip 461:23 462:20,21,23 463:1 358:14 360:25 363:11,17 filed 342:23 463:3 364:9 366:5,8 385:3 400:2 430:25 437:2 495:14,21 flood exposure 409:15 434:13 436:22 497:23,23 498:2 381:22,23 430:8 431:21,23 385:17 456:21 475:3 490:2,5,14 494:7 files 431:25 451:18,20 461:7 exposures 501:12,21,25 441:23 491:7,9 437:1,6,24 familiarity filing flooding extension 501:14 337:2 405:18 509:1 379:5 398:15,20,23,25 411:14483:12,16 fancier fill 400:5410:24411:4413:18 extensive 466:19 475:9 500:7,13,22 431:18491:5 388:12 392:17,17 415:8 far film flow extent 372:14 406:4 421:5,7 379:20 379:4,9 381:24 400:9 370:5 376:2,5 389:8 409:23 422:24 423:11 453:12 filter 413:25 468:24 493:15 497:8 458:5 468:20 469:16,20 420:2 flowing 503:10 499:2 final 334:16 extra fashion 390:21 391:15 fluid 345:15 492:16 find 493:13 f faust 359:17 426:25 427:1 fmc face 350:21,22 371:16,17,19 431:23 472:14 499:6 509:1 319:1 322:5 495:4 505:3 443 19 388:1 391:10,11 401:9 finding follow facilities 383:9 471:7 502:5,7 505:5 403:16,17 452:16 453:6 490:16,17 415:22 426:12 439:1 findings 445:3 451:14 458:21 470:22 481:3 505:20 facility 327:25 328:15 329:18,22 favor 514:1,1,1,1 389:24 466:16 467:4 fine followed 329:4 409:22 338:5,5,11 340:22 342:9 348:18 349:19 350:16 353:8 358:5,15,18,23 359:1 fax 355:23 380:24 316:9,19 317:8,19 318:7,16 finish 319:8 481:2 following 388:10 389:1 392:14 394:9 415:7 424:23 500:3 359:11 360:11 362:4,21 363:23,24 365:21 366:16 fda 406:18 finished 332:24 333:2 337:13 follows 321:5 322:21 371:6 374:22 375:4 377:13 385:5,18,22,24 389:7 408:4 fed 397:24 342:25 fire foot 501:3 419:9 421:6,7 422:24 423:2 federal 466:9 forces 425:9 428:14 463:6,8,14 469:17 473:12 474:7 477:22 484:4 496:7,17 455:25 feed 397:23 firm 342:3 325:20 345:25 346:3,6,12 foregoing 427:19 464:11,17 465:4 507:21,23 512:1 498:18 fact 324:7,8 339:8,23 426:21 440:9 447:18 455:7 461:22 feel 497:20 fence 347:2,14,18,19 374:11,13 469:23 495:3 513:1 firms 325:6,14 326:4 393:9 first foresman 371:20 384:16452:12,16 452:17,19,22 453:5,10 foresman's 473:4,10 504:6,8 374:19 375:2,6,11 411:18 322:18 327:1 328:6 329:18 452:14 facts 498:4 505:3 factually 495:25 421:9 462:8 fencing 346:25 fewer 332:23 353:23 359:17 forget 396:14 408:8 431:4 432:2,3 381:13 432:3 442:2 443:18 470:17 forgot 481:7 486:11,11 495:12 327:16 failures 471:6,6,10 502:13 507:17 form 337:18,22,23 338:9,10,15 338:19 339:8,24 342:21 fifteen 502:13 fish 375:13,17,19,23 376:3,10 329:14 342:2 343:5 385:8 386:14 387:10 396:24 faint 494:25 fifty 333:21 376:19,22 381:6,20 382:7 419:14,24 420:5,8,9 442:5 406:7,17,23 407:2,6 416:12 442:23 478:16 480:2 fair figure fit formal 479:4,22 387:16 388:11 418:7 487:20 485:4 Kaley, Robert Ph.D. MCWANE WATER PCB-SD0000045258 [formation - heat] formation g go (cont.) gully 333:4,7,22 335:5,19 ga 482:12 484:24,25 494:20 482:7 formed 317:6 514:1,1 497:18 503:16 guy 333:14 gadsden goes 418:1 504:20,23__________ former 424:2,9,10,11 390:16 h 327:3,6,8 328:12 358:12 gain going hairs 365:1 394:25 464:3 466:24 372:5 459:14 495:10 323:2 324:23 326:23 328:1 477:7 470:5 484:4 485:3 forming 344:12 gale 319:3 322:5 427:10 428:12 428:17,20 448:10,13 495:3 330:11 336:13 346:22 348:24 349:25 352:18,22 353:10 355:18,24 372:7,14 half 458:20 hand forms 387:9 forth 353:11 491:6 507:24 gateway 509:1,1 515:1 gathering 498:4 378:9 394:14,15 396:4 398:7,9 415:10 432:19 433:24 446:3,21 447:10 450:20 480:1,15 482:8,12 326:23 330:11 336:13 352:18,22 429:9 431:15 451:3 508:11 515:1 handing found gazing 484:7 494:8 498:9,10 345:9 421:17 426:20 466:21 491:11 496:8,19 501:3 462:16 general 500:12,24 503:11,25 504:17 handle 470:15 503:8 foundation 332:2 349:9,10,14 380:17 golder 380:19 409:18 446:21 370:15,17,20,25 371:8 handled 481:16,18 499:3 478:20 480:3 foundries 501:15,19 502:19 451:8 470:11 474:9 490:8 502:17 505:10 generally 384:17 385:1 402:18,19 410:6,7,8 412:23 good handling 501:22 handy foundry 319:11 321:21 475:9 485:3 325:22 352:11 359:8 322:25 323:1 426:6 447:6 465:24 466:18 468:1 475:6 gore 336:9 hang 500:6,7,13,13,22,22 501:5 475:7,18 490:22 496:13 four generate 323:17 446:23 464:14 359:6 509:1,1 515:1 government 455:24,25 449:16 495:24 497:2 happen 504:17 fowler 418:2 generated 327:18 335:2 351:16 359:1 governmental 450:4 455:23 456:4 458:10 happened 351:3 369:12,15 372:4 fractionating 333:16,25 frame 436:3 gentleman 371:20 graduate 465:15 gram 373:8 377:3 381:9 harbert 319:5 347:7 398:6 425:9,12 486:10 487:9 george 394:11,16 314:14 315:17 509:1 512:1 great hard 471:17 473:20 frames 361:6 371:15 512:1 513:1 georgia 387:11 greater hate 437:7 francisco 319:16 412:10 476:2 hazardous 448:6 466:8 frankly 331:7 getting 448:17 449:1,4 gilhausen green 315:3 greensboro 362:7 head 369:2,9 frequent 471:4 frequently 468:20 373:19,24 give 344:14 346:13 349:13 370:13 373:12,16 437:10 346:7 ground 461:17473:11 491:13 492:21 heads 460:3 health 368:5 369:2 406:1 436:19 front 449:13,13,16 459:23 groundwater 437:1,8,14 438:7,10 442:13 413:8 full 340:1,3 481:7 508:2 fulton 463:21 501:10 given 418:10,12432:10438:4 442:18 471:21 472:14 386:3,5,7,11 415:5,7,11,16 415:19418:13 group 318:12 322:14 369:9 443:5,13 456:13 hear 494:24,25 heard 319:17 475:19 508:4 512:1 469:22 486:23 487:5 327:17 359:4,10 366:15 furnaces 344:13 giving 460:3 guess 359:18 372:8 383:19 398:3 367:7 380:21 477:23 478:11 489:17504:11,12 further 320:16 353:18 398:10 go 325:5 332:22 340:10 430:12 446:22 gullies 504:14 heat 404:21 504:15 505:24 508:7 342:24 353:11,25 369:16 417:7 442:25 452:7 459:5 481:23 489:10 Kaley, Robert Ph.D. MCWANE WATER PCB-SD0000045259 [heavy - injuries] heavy hollingsworth identifies index 354:21 408:13 433:12 325:18 326:7,10,15 465:3 430:17 320:11 496:18 home identify indicate heflin 404:8 325:2 384:18,21 385:21 333:11 343:7 383:12 407:1 324:15 homes 395:12 399:5,8 497:6 438:24,25 459:5 460:1 held 405:23 ii 483:5 503:18 hopefully 314:14,15 315:17319:2 indicated help 485:6 321:1,7,14 322:17 387:1,6 359:20 383:4 460:13 461:6 357:22 hour 447:10,15 506:13 509:1 464:10,18 465:1,18 467:7 helping 326:8,8 512:1,1 513:1 468:7 471:25 482:1 488:11 498:4 hourly illinois 489:7 herbicides 326:5,6 439:3 indicating 488:19 hours immunological 450:23 451:10 hereinabove 315:21 326:14 464:14 457:3 indication 512:1 house impacted 357:5 360:4,15 364:16 hereto 373:10,13 417:19,24 418:3 403:6 426:14 451:6 512:1 484:24 impacts indicator hereunto houses 340:24 341:8,22 515:1 402:2 implement individual hierarchy how's 417:20 472:24 356:19371:12404:4,6,14 453:3 465:6 implementation 420:13 high huckaby 414:1 481:17 494:7 individuals 421:3 423:3,10,11,15 324:13 implemented 323:3 367:12,18,22 370:20 higher hundred 371:9 393:16 400:12 494:2 372:17 375:1 384:13 394:6 422:6 423:5 425:23 326:17,18 328:2 418:14 important 439:16 453:4 454:25 484:3 426:1 433:9 421:3 427:1 430:8 431:21 339:5,7 343:20 351:7 487:2 industrial highest 451:19,20,24 452:1 inches 478:24,25,25 484:4,12,14 328:3 421:18 huron 475:15,23 476:5 500:4 484:18 highway 318:1 320:4 322:10 501:2 industries 354:5,10,12,13 396:22,23 husch incinerated 319:11 321:20 479:23 397:1 432:15 462:12,13 315:18 316:4 321:10 322:1 357:2,6,9 480:4,6 481:25 465:4 469:22 507:12 509:1 incinerator industry hill 514:1 356:24,25 357:3,6,9,11,20 479:20 481:20 husch.com 357:25 358:2,4,8 inform hills 316:10 include 339:7 318:5 hydrologist 460:9 481:21 498:22 information hired 465:10 included 327:21 332:4 335:11,16,19 371:9 427:18 i 335:20 338:23 339:16,20 335:21,23 336:1 337:3 historical 366:12 463:14 478:14 i.e. 462:20 460:17 includes 338:24 339:19 340:1,3 342:16 343:13,16 344:4 479:5,24 501:22 502:1 history 461:23 489:15 hit ice 48423 idea 347:21 348:10 359:25 418:4 including 332:23 377:2 414:4 417:20 429:11 346:2 350:3,5,10 356:18 360:9 365:20,24 376:24 379:11 380:18 383:7 388:4 388:17 389:18,25 390:2 342:13 364 19 463 4 incorporated 400:7,18 413:4 433:14 hmm 324:20 444:2 hoffmann 320:3 identification 330:9 336:12 345:13 348:22 352:17 403:5 identified 412:12 463:23 incorporation 466:16 increase 435:13,23 436:2,3 442:1,8 442:11,12,18,21,22 454:12 463:22 464:2 470:11,11 471:24473:19475:12 hofnagle 353:22,24 356:24 357:19 381:24 477:24 485:7 499:7,13,15 428:12,20 448:11,13 450:6 hofnagle's 361:11 363:15,18,20 364:5 364:15 366:5 368:4 372:1 incurred 418:21,25 495:19 501:13 initial 428:17 hold 376:25 377:22 385:18 393:5 403:25 416:15,24 indented 431:4 404:20 460:12 475:24 476:4 451:18,19,22,23 417:4 497:4,10,14 independent 346:8 484:15 injuries 405:15 Kaley, Robert Ph.D. MCWANE WATER PCB-SD0000045260 [injury - know] injury introduced jerry (cont.) keep 405:8 454:20 342:23 350:10,24 356:20 336:9 492:19 input introduction 358:7 359:3 362:25 363:4,4 keeping 400:15 331:16 363:25 366:14 396:15,16 350:14 inquiries investigated 449:5 463:9,12,16,18,21 kelly 470:16 471:5 400:9 464:5 466:14,15,21 494:8 464:15,16 inquiry investigation 494:11,19 495:3 497:10 key 343:21 459:24 369:23 370:1,10,23 382:14 499:14 316:15 509:1 insecticide 384:25 385:2 387:18 403:4 jerry's kilogram 435:9 415:19418:8,13,16463:13 463:24 328:3,4 394:8,17 insignificant 478:3 502:24 503:6 jim kind 439:19,22 investigations 321:19 323:4 325:9 330:15 325:22 328:1 354:14 379:7 installation 409:24 417:17 419:1 447:1 395:4 448:17 459:6 473:1 383:25 415:21 421:20 410:20,23 498:23,25 jlanglais 444:10 446:10,24 453:2 instruct involve 319:20 499:24 501:13 503:6 355:24 356:2 503:11 502:18 joe kinds instructions involved 324:15,19 497:3,19 498:10 503:17 463:12,17,22 503:13 504:7 367:8,12 368:23 369:10 john knew integral 372:6 373:7 377:9 384:3 399:12 418:1 486:12 348:19 372:14 400:20,20 325:20 326:12,19 465:3 389:6 393:11 402:16 joined 446:21 453:11 integrity 403:13405:11,13,15 323:12 know 375:6,11 410:23 411:21 433:19,22 joint 323:3,4,7,12 324:7,11,13 intentional 436:9 438:16,20 439:11,22 409:25 410:5 463:20 325:8 326:16 327:11,15,18 479:15 448:3 457:24 458:3 464:6 joints 328:8 329:5,13,18,21,23 intentionally 466:9 474:20,25 475:2 343:4 344:3 331:7,11 332:10 335:1,4,8 479:17 476:11 486:21 495:9 498:3 jones 335:15 337:13 338:7,20 interest 502:23 503:24 384:14 340:2,3,15 342:10,25 445:1 involvement jordan 343:14 344:7,17 345:5 interested 371:21 372:9 378:6 384:6 315:22 321:13 507:4 347:25 348:14,18 349:7,11 383:21 508:9 391:23 400:13 403:10 508:15 349:12,18,21 350:2,6,9,10 interim 432:13 487:8 490:9 495:7 joseph 350:17,23 351:3,11,18,21 337:25 390:20 410:9,12,12 involving 316:3 322:1 509:1 514:1 351:23,24 352:1,4,5,19,19 413:1,5 481:8,17 324:4 joseph. nassif 354:6,12,18,20,21 355:4 intermittent iron 316:10 357:8,11,14,16,24 358:4,17 468:12,19,24 362:23 jtaylor 358:21,24 359:23 360:24 intermittently issue 319:9 361:6 362:3,18 363:3,5,9 468:8 427:6 459:17,21 469:8 judge 363:10,16 364:1,7 365:15 internal 495:23 496:5,16,23 497:1 315:3 478:14 479:4,8,22 365:21 366:1,24 367:4,12 488:12 issued judgment 367:15,17,18 368:16 interpretation 330:3 385:11 409:16 344:19 478:13 369:11,17 370:7,8,12,25 450:7 428:22 498:1 june 371:5,8,11,15,19 372:23 interpretations issues 422:15 373:1,5,8,20 374:21,24,25 464:24 interpreting 458:7 interrogatories 321:5 322:21 interrupt 460:24 interview 324:11 interviewed 324:8 467:9 interviews 459:16 405:14 456:7,8,12,15 k 458:24 469:17 470:2,19,25 kaley 471:1,11 487:16496:10 314:14 315:17 320:19,20 item 481:11 482:17 320:21,22,23,24 321:1,14 322:17 326:24 330:8,12 j 336:11,14 345:12,24,24 james 348:21 352:16,23 387:1,6 319:13514:1 387:15 447:10,15,17 450:1 january 458:16 465:10 470:1 409:16 470:18 508:18 474:20 475:3 476:21 jarred 478:13 479:21 480:8,24 319:2 322:4 494:15,24 497:22 498:16 jerry 505:2 506:13 509:1 512:1,1 321:12 327:10,12 342:21 513:1 375:3,4,8,8,9,12 376:9,13 376:13377:11,14378:10 378:12 379:2,16 380:13,16 381:9,17,20 382:3,9,10,14 382:19,25 383:2 385:13,15 385:20,20,25 388:17 389:5 389:20 390:3,5,17 393:9,15 393:16,19,20 394:4 396:8 396:12,15,19,25 397:2,8,12 397:22 398:12,14,18 399:25 400:3,6,7 401:6,11 401:13,17 402:5,11 403:3 403:15404:7,10,12,16,16 404:23 405:2,6,7,13,16 Kaley, Robert Ph.D. MCWANE WATER PCB-SD0000045261 [know - limestone] know (cont.) I largely leak 406:5,11 407:9,11,23 408:1 408:8,19 409:18,19,20 lip316:14 509:1 413:22 473:5 larger 340:17 leaking 410:2,6,13,14 412:1,2,4,5,7 label 406:17 342:12 469:2 412:14 414:8,13,16,16,25 343:1 laughter leaks 414:25 415:3,4,9,15,17 labeled 459:3 462:2 465:8 487:3 366:15,19 416:18,18,21,22 417:6,9,9 336:17 337:10 349:3 lavey leapfrog 417:12,14 418:16,19,20,24 352:25 356:23 359:14 316:13 320:14,16 321:24 486:9 419:4 421:5,25 422:11,14 360:25 321:24 345:14 360:6 learned 422:24 423:10,14,25 laboratories 386:24 395:4,10 399:12 446:9 425:21 426:2,5 427:9,11,15 486:22 449:6 480:17,19,23,24 leave 428:2,4,11,19,22,25 430:13 laboratory 494:14 495:5 502:13 468:3 430:16,21,22 431:17,20 424:13 487:10 505:20,21,23,25 506:6,10 leaving 432:12,21 433:2,7,11,13,14 lack 509:1 513:1 514:1 344:5 421:13 433:15,16 434:1,3,4,6,7,8,9 398:4 478:20 480:2 law led 434:16 435:3 436:4,6,14 lake 318:12 322:14 325:6,14 403:14 472:6 437:16,20 439:15,21 388:22 406:6,8,9,24 430:9 326:4 345:25 346:12 lee 440:16,16,22 441:2,12 landfill 427:19 464:17 495:3 384:22 442:15 443:1 444:15,16,17 346:22,25 347:3,4,23 348:4 lawful left 444:19,21 445:7,7 446:4,5 348:13 351:7 353:24 354:1 321:2 322:18 323:9 344:8 474:4 488:3 446:6,10,18,25 448:11 354:4,8,9 359:16 361:16 lawsuit 491:9 450:16 453:11 454:13,25 364:8,9,10 367:3,6,20,25 485:1 495:13,20 legacy 454:25 455:1,7,8 456:3,5 368:9,24 369:23 370:3,6 lawsuits 488:13,16 457:5,23 458:1,2,25 459:11 374:8,9,12,23 375:2 392:10 323:19 447:18,24 484:17 legal 460:4 462:3,6,9 463:11,16 392:16,22 395:14 396:21 lawyer 321:12 463:18 464:3,8 466:7,23 397:20 398:14,15 399:23 464:11,13,14 leitman 467:2,7,11,12,14 468:11,19 400:4,10 410:18,21,25 lawyers 317:13 468:24 469:17 472:7,11,17 411:1,2,4413:25414:14 495:21 length 473:6,8 474:1,3,8 475:1,8 422:3,5,5 429:22 454:18 leachate 463:5 475:25 476:21 478:11 461:7,11,22 462:7,17 356:14 letter 481:24 483:4 487:12 488:2 467:17,20 468:3 477:15 lead 326:25 339:13 344:1,13 489:4,4,5,22 490:1 491:17 481:13,16,21,23,24 482:1,8 327:7,19,19,24 328:2,7,12 424:22 436:5,15 463:15 491:21,24 492:5,7 493:4,10 482:9,13,19,21 483:1,2,3 328:14,18,24 329:2,4,10,12 471:23 494:4,9,12 495:6 497:3,14 489:23,24 491:23 492:6,9 329:14,19,22 330:4 331:21 level 498:20 499:9,10,14,25 492:24 493:4 332:4,8 333:4,13,15,16,21 340:6 406:19 407:4 424:24 500:21,25 501:4,6 502:23 landfills 333:24 334:4,4 335:2,5,11 425:3,4 458:19 472:4 503:4,24 413:21 421:23 467:23 336:2 337:3 338:5,16 levels knowledge 477:20 339:24 340:7,13,13,14,16 327:20,25 328:2,14 340:11 333:4 344:10,22,24 347:9 landholder 340:22 341:10,13,17,18,25 340:12 343:23 376:9,16 355:22 356:7,13,22 357:18 460:25 342:3,6,6,12,20,20 343:3,5 394:3 403:5 406:17 407:3 362:6,20 363:24 366:11 langlais 343:6,7,13,22,23 344:2,7 415:22 420:23,23,25 371:25 374:18 376:3,6 319:13 320:12 321:19,19 344:12,15,23 346:2,10,17 421:19423:16426:12,14 380:6,25 397:5 400:21 322:3,15,24 324:17,21 351:1,16,19,25 352:3,8 426:20,23,25 433:7 446:10 403:23 463:7 467:15 325:7,10,11 330:10,16,19 354:18 365:5,8,16,17,21 472:6 473:24 491:11 472:13,21 479:15 493:7 330:21 336:23 345:16,23 382:23 383:1 408:12 492:25 493:5,9 500:18 502:17 349:3,6 355:3,9,12,15,18 409:12 410:1 433:12 434:4 liaison known 355:23 356:3,9,12 360:7 434:7 444:17,19 446:10 470:19 331:20 343:3 460:5 387:7 395:5,11 396:1 454:22 455:1,8 457:18 license knows 399:14 442:6,24 447:6,16 463:6,7,14 464:6 466:15 508:18 504:3 449:2,8,12,18,20,25 458:12 467:1,17 468:7,12 469:1,17 liked krummrich 465:18 480:7 483:5 506:5 489:9,9,14,17 493:8 496:18 335:13 438:22 441:18 455:10,11 514:1 leader lime 455:22 large 486:23 487:5 361:25 395:18 439:23 460:25 leading limestone 487:17 383:14 496:2,2 361:2,24 362:1,3 Kaley, Robert Ph.D. MCWANE WATER PCB-SD0000045262 [limit - mccarville's] limit located (cont.) lower (cont.) manufactured 500:17 431:14,20 439:4 450:22 481:24 380:14 404:8 435:6 limited 451:4,12453:10461:8,11 lsppc.com manufacturers 433:10 437:24 496:22 483:6,11 317:20 489:3 limits locating lunch manufacturing 408:12 416:2 417:7 447:7 331:24 334:11 362:20 line location luncheon 472:16 474:22 477:17 424:21 449:9,13 462:8 349:15 364:7 395:12 447:12 map 487:24,24 488:7 510:1,1,1 416:20 430:14 434:21 lung 348:23 353:11 359:20,24 510:1,1,1,1,1 511:1,1,1,1,1 484:5 488:23 439:2,2,5,7 360:11 361:5,9,12 365:8 511:1,1,1 locations lynette 395:2,12,16 396:6 399:4,5 lines 399:25 416:15,25 417:5 317:2 322:7 514:1 399:6 429:5 430:11,12,15 395:18421:10 419:9,10 426:11 lynette.smith 430:16431:7,13,16450:23 lipa logan 317:9 451:1,7,9 483:6,7 509:1,1 515:1 388:22 406:6,9,9,24 430:9 lynne march liquids 430:10 317:12 321:22 458:16 403:12 501:23 lombardi m mark list 320:3 352:23 353:8,12,13 361:7 long magistrate 315:3 348:24 349:13,14 389:4 399:13,15 417:20 430:12 502:16 506:1,3,7 318:3 322:10 323:7 349:18 main 431:6,10 462:1 listed 357:11 358:4 362:3 363:10 426:23 436:10 marked 361:22 396:8 415:9,15 maintained 326:23 330:8,11 332:19 listen 355:18 longer 398:1 406:23 464:7 415:1 maintaining 336:11,14 345:12 348:21 352:16,22 396:8 483:7 listing look 375:5,10 market 353:4 324:25 327:1,23 330:13 maintenance 466:8 471:1 literature 331:15 335:22 336:15 383:25 martin 423:23 440:10 456:19 457:7,13,15 458:11 464:23 337:9 339:17 342:1 343:15 346:21,24 348:25 364:13 maisel 420:15 388:22 406:7,9,9,24 430:9 430:10 464:24 364:25 403:18 425:8,18 major match litigation 431:3 432:2 438:17 384:25 385:1 390:3 482:12 459:1 325:25 326:1 367:5 481:1 looked 498:8 material 495:8 332:5,7 340:2 343:15 373:6 makeup 333:21 334:10 335:1 348:1 litre 408:5,6 425:5 501:12 502:4 470:11 348:12 351:4,5,8,10,15 394:16,20 504:3,7,8 making 362:8 378:17,23,25 379:3 little looking 335:14 405:22 469:7 379:20,21 381:10 412:9 357:21 372:8 381:13 394:6 336:7 383:20 389:20 395:2 470:24 491:8,15 407:20 427:7 466:19 487:7 419:14,18 429:6 440:17 mall materials 498:15 469:9,11 501:9 433:23 434:2 336:1 348:5 355:6 366:24 live losses management 412:14 467:16 501:22 402:7 469:20 471:18 472:16,18 350:15 352:12 353:4,13 502:8 lives lot 356:14,18,23 357:19 matrixes 404:8 361:9 401:24 436:14 449:4 358:11 359:15 360:2,4 394:17 living 470:24 361:1 362:7,12 363:6,11,15 matter 402:2 lots 363:18,21 364:5,11,14,25 342:8 386:14,15 387:10,12 lie 386:6 402:1 470:12 manager 387:13 419:24 420:6 315:19 316:4 507:12 509:1 louis 387:23,24 409:1 485:9 465:25 503:24 Up 315:20 316:6 360:23 486:14 487:6,15,18,23 maynard 317:3 319:14 320:3 514:1,1 367:16 369:18 409:4 488:6 319:3 322:4 495:3 local 453:10,15470:18474:13 managers mcadam 499:18,21 474:14 507:3,13 508:12 366:4 400:8 318:11 322:13,13 locate 509:1 514:1 515:1 manner mccarville 353:12 399:13 426:11 low 328:19 479:19 485:16 488:10 located 422:5 manufacture mccarville's 346:6 348:17 349:8,16 lower 333:5 366:25 380:14 435:4 486:2 399:6,9,17,21 409:7 421:23 413:16451:16,17453:5 Kaley, Robert Ph.D. MCWANE WATER PCB-SD0000045263 [mcglaw.com - monsanto's] mcglaw.com medical mike (cont.) modeling 319:9 457:15 384:15452:11,14,16,17,19 427:5,5,13,16,22,24 428:3 mcmahon meeting 452:19 453:4,5,10 464:15 428:6,9,13,17 448:16 450:1 320:2,3,9 322:11,11,11 372:18,24 464:10 miles 450:3,8,17 mcwane meetings 423:13 moderator 314:6 315:10 319:1 321:15 367:24 372:13,21 384:7,13 milligram 449:15 322:5 495:4 505:3 509:1 384:15,16 432:17 394:12 modern 513:1 members millilitre 478:15 479:5,10,23 mdhl.net 374:3 394:15 modifications 320:9 memo million 392:21 mead 513:1 376:18 387:17 394:5,12,12 molten 316:12 321:25 480:25 memory 394:15,20 406:18,24 489:9,14 mean 333:6,8 378:1 412:11,12418:7 427:1 moment 325:13 329:16 331:24 mention 433:9 336:15 348:25 338:12 340:9,16 355:4 337:23 365:19 millions moments 360:5 368:14 370:4 373:14 mentioned 341:15 506:2 376:12 382:12 385:15 327:15 379:16 385:3 387:9 mind mon 391:3 394:24 398:6 402:1 403:20 448:10,15 452:11 384:24 441:7 450:22 348:3 415:1 462:11 406:7 411:23 413:7 421:7 453:21 454:4 512:1 451:10 507:16 monitor 430:20 439:5,6 440:16 mentions mine 364:15 443:1,22 444:5 445:4,12 337:21 413:15 471:4 monitoring 446:2,6,7,22 455:21 456:3 mercuries minimal 419:7 492:23 493:2,2,4 456:11 457:19 460:24 472:4 326:20 389:9 490:12 monsanto 461:15 462:11 463:21 mercury minimally 323:8 325:14,15 329:18,22 464:20 465:14 466:18 323:23 324:4,9 459:16,21 438:18 346:9 347:20 352:7 353:8 468:4,16 470:14 471:1 471:12,21 472:1,8,15,20 minimize 354:14,18 359:11 360:11 475:18 476:12,13 477:2 473:11,14,23 474:6,13,18 379:4 410:24 413:18 360:20 365:16 367:4,18 478:6,22 479:14 481:18 474:21 493:15 368:15 369:4 370:11,14 486:12 489:4 490:24 met minute 372:2,17,21 373:1,2,6,10 498:22 464:12 471:2 345:14 449:14,16 502:9 373:20 374:25 377:8 378:2 meandering metal minutes 378:11,16 379:13 380:11 381:14 341:14 484:20 449:19 502:11 380:16 382:6,12,21,22 meaningful metals misinterpreted 383:12,16,23 384:4,13,19 439:23 440:5,6,11 320:1 354:21 408:13 438:2,3 385:13 386:17,18,21 meaningless 433:12 444:13,15,19 missed 387:16 389:6 390:23 392:8 440:21 441:7 496:18 502:13 392:14,20 394:1 397:7,10 means meter missionary 397:18401:7 402:14 325:8 439:7 462:3,6 465:13 421:4 423:24 399:2 404:17 405:4,17 407:12,15 468:24 meters missouri 409:17,21 410:2 411:17,25 meant 421:2 315:20,24 321:11 507:1,5 414:25 415:4,15 416:24 444:3,8 467:23 468:20 mgs 507:13 508:12,17 515:1 417:4,7,12,14 418:23 419:7 measure 328:2,4 394:8,10,12 mistaken 420:18421:16424:12,15 480:3 481:17 mi 371:4 391:17 408:10 425:3,11 426:16 427:4,15 measured 318:5 misunderstood 427:19,20 428:5,9 435:4 413:15 420:9 michael 461:5 437:13438:16440:12,14 measures 320:2 mm 440:15,16,20 441:16443:4 390:10,17,21,24 391:14,15 micrograms 324:20 444:2 445:15,18,23 447:20 450:2 392:13,25 410:9,12 413:1,5 394:11,20 mo 450:2 453:13 455:13,17 481:8 491:24 492:2,5,10,12 mid 316:6 509:1 514:1 457:23 460:6 462:7 464:7 measuring 323:10 374:11 483:21 mobile 464:25 466:25 470:2 472:7 420:4 494:12 329:12 474:7,24 479:7,17 488:24 mechanism middle model 489:14 493:12 495:8,14 467:24 468:2 410:17 429:17 451:8,9 490:3,6,10,15 491:19 496:6,17 498:2,3 499:17 mechanisms 481:7 modeler 503:5 341:25 mike 427:18 monsanto's 322:11 368:19,22 371:20 352:24 378:7,13 382:12 Kaley, Robert Ph.D. MCWANE WATER PCB-SD0000045264 [monsanto's - October] monsanto's (cont.) nano neurodevelopmental november 390:10 392:11 412:20,22 421:2 456:20,25 375:16 424:22 479:8 nanograms neutralize npdes montar 421:2,4 423:24 362:1 407:20,23 408:3,8,12,17 348:15,17 349:8,11,16,18 nassif new 414:11 349:21 350:1,4 351:4,6,18 316:3 322:1,1 324:20,25 389:25 390:2 408:25 number 353:17 453:18 454:7,8,9,10 325:8 354:24 355:8,11,14 410:24 468:21 321:17 330:17 341:24 476:25 477:3,13,13 355:16,20 356:1,5,11 442:5 newport 351:9 373:15 384:20 montars 442:23 447:8 448:17,21,25 455:21 386:25 387:5,22 388:3,5 349:23 351:9,10,11,24 461:25 462:4 464:11 newspaper 400:21 401:20 410:23 352:3,8 453:22,24 454:1,5 476:12,15,17,19478:16,19 473:7 411:9418:10,13437:7 454:15 477:1,3,5,8 480:1 494:17 495:24 497:2 nice 438:6 440:17 443:8 444:25 months 497:5,12 499:12 503:9,20 504:19,23 447:9,14 449:15,15 461:1 326:13 504:4,6,16,19 505:15,19,22 nickel 470:10481:3,11 moore 506:11 509:1 514:1 362:13,16 363:1,3 numbers 346:3,5 464:17 national nodding 418:7 422:6,6 423:8 439:22 morning 439:9 504:11 440:7 475:13_____________ 322:25 323:1 395:3 469:1 nations 476:25 514:1 mountain nationsbank 398:16,16,17 461:8,12,14 317:4 461:17,18,19 462:20 482:2 nature 482:3,4,7,11 324:23 325:4 468:12 move ne 498:11 500:21 514:1 moved near 342:7 488:4 383:9 399:1 419:9 422:2 moving 431:25 484:21 342:1 405:23 nearby mp 446:16 349:15 nearing msds's 481:2 470:10 necessarily multiple 333:12 341:11 343:25 483:25 346:23 423:8 473:8 mush necessary 439:14 388:17 mute need 322:16 448:22 449:3,4 336:17 346:24 380:23 n 388:15 449:20 489:11 n.w 318:13 name 321:11 323:4 375:9 401:6 497:20,20 498:10 499:8 needed 346:13 needs 404:9,12 428:5 443:17,18 386:24 443:20 445:10 452:11,14 458:16 463:9 464:15 466:5 466:7 480:24 513:1 named neighborhood 460:19 neither 452:21,22 371:20 418:1 nelson names 323:2 327:11,13,15 370:13 481:4 neuro 373:12,16 467:10 489:2,6 506:5 457:10 neurobehavioral naming 457:11 359:21 nofnagle o 427:10 oaths non 414:4 488:4 nonchlorinated 507:6 object 442:5,23 478:16,19 480:1,2 351:9,10 454:10 nondetect 503:9 objecting 394:6 427:2 nondetects 386:10 503:22 objection 354:24 355:19,20 356:4,5,8 nonparticipatory 378:8 objections 508:1 normal 482:11 515:1 north observe 462:7 obtain 317:14 319:4 346:7 398:25 404:8 411:15 421:22,23 454:11 obtained 422:7,9,13 450:20,21,23 451:4,5,5,10 483:6,7,10 392:11 499:7 obviously 484:21 334:7 338:12 340:13 northeast 317:5 northern 344:13 388:8 396:22 430:11,18,20 470:23 497:19 315:2 321:16 507:10 notarial 508:11 notary occasion 447:19 occasionally 389:16 443:15 315:23 507:4 512:1 515:1 occasions note 351:7 360:1 noted 343:12 468:15 402:23 occur 366:2 477:2 occurred notes 328:24 340:13 365:6,9,17 360:2 461:6 466:24 469:11 485:8 501:9 367:25 388:10415:9 491:5 occurs notice 413:14 507:8 501:4 October noting 509:1 326:25 400:13 508:12 Kaley, Robert Ph.D. MCWANE WATER PCB-SD0000045265 [office - part] office okay (cont.) original page (cont.) 369:19 453:15 505:19 413:11 509:1 513:1 514:1 510:1,1,1,1 511:1,1,1,1,1,1 officer old ought 511:1,1 513:1 367:20 466:25 361:18 pages offices older outer 507:23 509:1,1 315:18 321:10 507:12 483:2 343:6 paid official olive outfall 326:3,5 515:1,1 445:10 515:1 329:19 papageorge offs once outfalls 330:20 336:19 470:17 381:13 402:25 404:20 447:25 329:22 487:20 offsite o'neal outgrowth paper 329:3 384:25 389:9 416:2 317:12 320:13 321:22,22 445:12 357:4 416:22 417:17 422:22,23 458:15,16 462:1,5 476:16 outline papers 426:2 476:20 478:17 479:2 474:8,9 457:22 oh 480:13 494:21 495:5 500:1 outlined paragraph 316:17 320:5 345:7 382:18 ones 364:16 327:1,24 328:11 331:18 384:20 406:15 425:23 352:20 381:19 385:18 outside 332:23 333:6,11 337:12,18 429:13,24 430:15 433:21 485:1 360:18 383:21 417:19,23 339:11 340:5 342:12,24 451:20 453:14 468:23 ongoing 470:16 487:12 489:22 346:21 369:20,22 372:1 476:14 491:10 502:10 382:13 407:17 418:17,18 496:8,20 503:12 374:2 375:13 376:3,25 513:1 514:1 ooze overinterpret 378:2 385:4 388:7 392:25 oil 348:8 456:19 393:6 394:21 400:11,18 363:7 open oversight 403:18,25 407:6,7,19 oils 429:5 476:22 371:13 378:8 401:10 409:14410:10413:14 502:1 opening owned 415:25 422:16 423:1 okay 424:21 450:23 347:4 374:22 402:3 483:11 424:20,23 425:5,7,19 323:11 325:7,10 331:17 operating 483:17,18 484:1 429:10,17 431:4 432:3,3 332:21,25 333:2,18 334:19 331:3,25 340:10 owner 433:20 434:11 435:12,24 336:22,24 337:9,11,17 operation 380:10 483:23 436:18 443:24 444:5,6 338:14 342:23 343:2,3,11 492:6 owners 446:13,20 450:19 451:15 343:18 345:1 346:20 operational 401:13,14,17,18 402:4 481:7 347:18 353:19 354:9 356:9 372:14 484:3 paragraphs 357:22,24 372:8,16 376:7 operations ownership 390:4 376:11 377:12 378:16 434:24 498:24 499:2,7 parathion 381:16 382:22 386:8 opinion oxford 358:3 435:6,9 388:24 392:13 394:13 457:8 497:1 499:24 502:4 380:13 pardon 395:7 396:2,3,7 397:12,15 505:2,9,13 oxide 462:13 400:3 404:6 409:2,6,9 opportunity 343:5,6 344:12 park 410:16411:3,6,17412:7 330:22 396:2 445:23 446:1 413:9 414:1 421:11 422:1 opposed 429:20 430:4,6,12,16 431:5 465:7 431:10,14 440:15,23 oral p p.u. 317:13 318:12 319:3 444:9 parkway 318:4 part 442:14,17 443:3,21 444:7 321:5 322:21 445:11 447:8 448:3,7 oranges 315:21 447:11,14 448:20 449:24 506:14,15 449:18,21 450:10 451:14 426:7 page 451:25 452:11,19 453:2,8 order 453:17 454:19 457:3 358:22 379:7 391:19,24 462:15,18 465:25 466:14 392:2,5 393:21 403:8,11,14 466:23 467:7 469:12 473:4 407:16 453:3 463:15 327:1 331:14 332:19 337:9 342:24,24 346:20 353:23 374 2 378 16 387 15 388:10 390:6 391:18 403:7 473:14 476:19 480:18 orders 403:18 409:14 410:14 481:6,11 482:21 483:14 484:11,18 485:12,18,23 384:4,10 organic 411:17415:25417:18 418:6 419:6 422:15,15 486:14,14 487:14 488:1,9 444:25 489:17 490:2,13 494:24 organization 424 20 429 9 13 14 43T3 432:2,4 434:11,12 444:6 499:6,11 500:1,11,19 409:5 487:20 503:17,19,20 504:5 505:14 446:13 451:15 454:21 481:6,7 482:17 510:1,1,1,1 332:3 333:4 334:11,16 335:2 338:15,19 339:24 342:6,8,16 351:13 352:23 354:5,7,19 382:13 386:14 405:3 407:17 409:3,4 410:13411:19,23415:13 415:23419:13426:3 431:25 446:11 461:18 464:18 472:18 473:17 482:12 483:1,2,21 484:11 484:13,25 485:4 487:17 491:18 495:21,25 496:1 503:5 Kaley, Robert Ph.D. MCWANE WATER PCB-SD0000045266 [participate - plant] participate pcb (cont.) permits pierle 401:14,24 403:24 404:14 438:23 441:10 447:24 408:4 368:19,22 452:20,22 453:4 446:2,8 471:20 454:15 455:18,20 458:3 perry pile participated 470:2,19 471:7,11 477:4,17 509:1,1 515:1 378:17 384:8 391:7 401:19 418:5 487:11,13,16 488:3,4 491:8 persistent piles 459:15 460:14 461:3 491:15 492:24 493:5,12,24 341:13,25 364:17,19,22 378:25 participation 496:23 497:1 501:2 502:1,8 person 379:18416:3,10,12,16,20 401:12 506:1 323:4 350:13,14,19 358:8 417:1,2,5,6,8 476:22 particular pcbs 358:25 362:19 363:2,4 pipe 328:1 330:25 331:7 332:15 329:8,10 348:4 354:23 368:7,17 377:12 401:3 319:11 321:21 333:15 342:15 386:14 387:12 377:22 380:2,4,20 382:4,17 404:7,17,20,21,22,23 405:2 414:10501:15 391:24 401:3 403:11 384:19 385:17,17,22,24 405:7 408:19,25 409:13 piped 405:16 406:20 420:13 386:5,7,12,13 387:9 392:9 436:10 440:8 443:22 453:5 452:10 427:6 434:3 436:22 437:11 394:1 406:17 407:2 408:6 467:5 490:13 494:6 513:1 piping 440:25,25 443:8,9,11,22 412:10415:8,18419:14,15 personal 410:24 454:12 475:20 477:24 419:24 420:3,20,22 421:13 344:10,24 347:8 371:25 pit 480:10 487:9 495:11,22 423:15,19 426:12,15 400:21 405:8,15 427:21 348:15,17 349:8,16,18,22 particularly 432:18,24,25 433:3,5 434:1 441:23 350:1,4 351:4,18 353:17 338:17,21 361:3 491:21 438:17 440:7 444:13 personally 364:15 454:8 476:25 477:1 particulate 447:18 454:5,8 456:9,9,16 391:4 398:24 477:14 342:8 386:15 387:10,13 456:21,24 457:9,10,25 personnel pits 419:15,23 420:5 491:2 464:23 466:3,4 467:17,24 377:16 464:6 349:11 particulates 468:3 470:12,16,21 475:16 person's place 426:10 476:1 482:25 487:8,25 375:8,9 350:6 356:21 357:12 358:5 parties 488:8,12 490:20 491:2,11 peruses 359:17,18 368:7 413:17 508:8,10 496:7,19 502:6,17,18,18 333:1 336:20 337:14 349:1 456:18 474:4 489:11 parts 503:8 505:12 353:2 411:11 430:3 491:25 492:3,6,10 493:16 376:18 394:5,8,10,11,11,12 peachtree pesticides placed 394:15,20 406:18,23 317:5319:15514:1,1 444:13 348:12381:11,12,12 412:10,12421:1 427:1 peer Pharmacia 412:15454:16,18477:1,15 433:9 477:9 440:10 322:2 477:20 party pen phase places 469:25 349:14 365:12 468:21,23 420:7 pass pending phases plain 419:24 321:16 507:8 446:14 430:8 431:21,23 432:1 passes pentachlorophenol phelps plaintiff 420:1 488:18 317:11 321:23 458:17 316:2 path people phenoxy plaintiffs 481:19 496:2 387:11 438:5 440:17 471:3 488:19 315:6419:12421:14436:4 pathway 487:12 phone 438:4 450:16 386:1,2,3,5 426:21,23,24 percent 322:3 448:22,22 449:3 plaintiff's 427:3 491:17 333:22 335:5 471:5 494:18 505:16 448:16 pathways perform phones plan 385:16,17,23,23 392:19 379:7 322:16 371:2 393:5,8,12,15 410:9 415:6 438:3 473:25 performed phonetic 410:13413:2,5,11 416:1 pattern 382:7,10 420:18 426:3 384:23 417:21 418:9,13 421:21 427:9,11 428:13 440:3 phosphate planned pause 441:15455:13,14 364:10 489:18 396:10 336:6 480:14 501:8 period phosphorus planning payne 415:8 464:13 468:8,13 366:25 387:17 317:13 469:23 478:7 479:9 486:12 physical plans pcb permit 344:22 392:20 370:9 432:7,7 326:1 362:20 365:1 370:5 407:21,24 408:6,9,12,17 pick plant 386:19 403:5 405:4 408:9 409:15,16,22 410:3,4 419:20 494:8 324:5 328:7 340:11 344:5,8 409:24 415:6 421:18 423:4 414:11 piece 351:2 356:19 357:12 362:2 425:24 426:9,10,23 432:21 465:22 366:9 369:13,16 377:7,9 Kaley, Robert Ph.D. MCWANE WATER PCB-SD0000045267 [plant - program] plant (cont.) possession prepared probably (cont.) 380:12 384:15 392:19 502:8 360:11,13,17 370:25 371:2 465:13 466:18 471:9 394:1 395:1 396:14,16 possibility 385:4 393:8 410:2,8 424:14 473:17 490:12 403:6 404:9 407:18,23 329:7,11 379:24 424:15,16 436:19 probe 408:19409:4,11,12410:1 possible preparing 500:19 410:19,21 411:16414:4,9 329:2 348:12 352:2,5 346:1 425:5,19 problem 421:9,13,18,22,24 423:12 359:13 380:4 382:16 387:9 presence 333:12 442:20,22 443:1,2 426:16,22,24 431:18,20 472:20 491:14 493:15,25 467:23 449:11 434:25 435:5 438:22 439:4 posted present problems 452:6 472:14 473:16 474:1 376:13 329:10 358:12 372:20,22 374:23 375:1 442:4 474:2,3,11 488:21 490:6 pot 372:23 394:2 396:24 procedure 491:7 493:21 494:3 496:8 327:19 328:25 329:4 330:4 408:18 432:19 439:3 331:3,24,25 496:20 331:21 332:8 333:5,13 presented proceeding plants 334:4 335:2 337:18,20,21 335:10 392:6 465:20 455:17,20 471:2 493:13,22 337:22,23 338:6,9,10,15,16 presumably proceedings 493:24 338:18 339:9,23,24 340:7 351:17 409:11 482:6 490:7 play 340:22 341:10 342:6,20,20 presume process 382:6 343:5,6,22 346:10,17 455:3 324:4 327:19 328:13,21,25 played 351:16,19 365:5,9,17 464:6 previous 329:4 330:5 331:7,15,21,23 498:8 466:15 467:1 468:7,12 353:20 402:3 415:5 495:8 332:2,8 333:5,13 334:4,11 plaza 489:9,17 498:24 499:7 334:16,18 335:2 338:6,16 315:19 316:5 317:4 319:5 potential previously 338:19 339:3,7,9,24 340:8 321:11 466:8 509:1 514:1,1 377:22,25 380:1 385:16,21 321:2 322:18 390:3,10 340:21,22 341:2,3,5,10,22 please 432:18 437:1,1,6,23 438:7 406:9 483:18 484:22 341:23 342:6 343:8,23 321:18 353:12 365:12 438:10,12,14 456:13 primarily 346:10,15,17 349:24,24 399:12 429:5 449:3 454:19 491:17 502:16 372:7,12 416:10 426:20 351:13,16,20 358:3 362:16 494:21 509:1,1 potentially 464:22 488:18 492:4 363:3 364:1,4 365:5,9,17 plume 403:6 472:24 497:7 502:16 380:11 425:14,24,25 426:22 pots primary 438:23 454:3,9,15,22 464:4 plus 327:7 340:17 343:4 344:3 417:16 470:15 488:11 464:7 466:15 467:1 468:7 329:3 pounds prior 468:13,22 472:16,20,23 point 473:14 374:8,14,17,19 396:14,19 474:14,15,21,25 477:4,4,9 339:10,12 342:11 344:14 power 396:22,25 397:1 407:24 489:9,14,18 490:17 350:17,18,25 353:14 347:4,19,22 348:3 359:1 419:11 425:9,11 432:4 processes 356:20 389:9 391:11 414:8 367:5,10,19 368:8 373:4 464:12 467:15 476:22 324:4 362:20,22 489:19 414:10 430:23 452:3,5,21 374:9,22 409:12 414:15 477:11,18481:16486:15 produced 453:2 475:12,19 476:2 415:1 487:5 495:20 497:23 334:11 488:24 481:8 482:7 485:12 487:7 ppb private product 493:11 494:9 502:21 475:16 476:13 498:11 366:6,12 470:11,24 485:9 points ppm privately 485:25 486:15 487:6,15,18 347:6 425:24 437:15,18 476:15,16 501:2 497:17 487:23,24,24 488:6,7 443:6 practice privilege production polychlorinated 359:4,11 469:16 479:20 497:7 331:4,21 352:24 365:5,10 454:3 practices privileged 365:16 453:22,25 477:11 polyphenyl 478:25 501:22 499:15 504:1,9 489:14,19 328:13 453:25 454:9 477:4 precipitated probably products portion 459:9 323:17 326:13 330:1 365:1 466:3 471:7,10 412:14 461:23 482:18,21 prefilter 338:25 345:8 349:11 488:20 482:23 419:23,25 350:17 353:10 358:7 program portions prenatal 360:19 361:17,18 366:3 386:18400:12,14,16,19,24 381:7 396:5 398:21 408:6 456:21 368:19 370:11 373:19 401:1,4,8,12,15,23 402:6 481:24 preparation 383:20 391:7,9,12 393:2 402:20 403:25411:14,15 position 361:5 391:8 393:11 425:7 401:9 402:18 409:25 411:19,24419:17421:12 368:11,13 375:9,9 408:22 439:11 412:23418:3419:11 445:13 446:3,15 460:8 463:21 487:21 prepare 424:11 429:9 444:23 447:6 472:17,19 483:13,16,21 410:3 424:18 463:15 455:4,6 456:3 457:5 462:23 484:12,14,15 485:4 493:12 Kaley, Robert Ph.D. MCWANE WATER PCB-SD0000045268 [program - recall] program (cont.) provided (cont.) question (cont.) reach 493:14,16,20,23 494:2,7 385:13 388:6 391:5 392:4 374:16,17 383:20 448:25 328:10 499:2 400:15,17,22 406:11 458:22 461:25 462:1 reached programs 434:19 437:9 442:1,4,9,21 467:19 473:18 477:6 492:8 428:20 434:21 500:17 412:15 443:5 471:25 489:10 493:3 497:7,13,16 498:7 reacquire progress provides 503:14,21 504:10 505:20 367:9 368:23 405:22 335:16 418:24 505:22,23 reacquisition project providing questioned 367:3 373:3,7 371:9 464:1 325:24 435:17 490:11 440:23 reaction prominent prudential questionnaire 489:10 448:23 401:2,4 402:14 499:3,8,13 435:14,15,18,20 436:8,11 read promotion 499:14,20 questions 331:18 332:22 335:15 486:21 public 322:24 336:5 346:23,24 336:16 337:12 342:24 prompt 315:23 316:16 374:4,7,23 354:25 355:21 356:6 350:7 376:12 411:5 429:23 359:22 509:1 375:1 390:13 406:1 436:18 458:13,15,21,22,25 470:12 430:4 509:1 510:1,1,1,1,1,1 prompted 437:8,13 444:9 507:4 509:1 480:16,23 481:3 487:13 510:1,1 511:1,1,1,1,1,1,1,1 403:3 512:1 513:1 514:1 515:1 494:17,23 495:6,7 499:9 512:1 prone publicity 500:2,20 505:15 507:25 reading 411:4431:18 432:24 508:3 335:7 339:21 344:20 pronunciation published quibbling 375:16 423:23 428:16 387:11 440:9 334:20 461:15 475:16 476:7 proper purchase quickly reads 342:19 439:20 469:7 400:12,14,19,23 401:1,8 384:24 432:5 properties 403:19,25411:14,15,19 quint real 344:22 400:22 401:22 483:13,16,21,24 484:11,13 443:18 448:23 455:7 405:24 411:18,22 445:21 499:2 quintard reality 460:13,17 461:2 484:2,14 purchased 433:23 434:2 482:11 484:19 485:3 491:12 484:10,19,22,23 498:17,21 quoted realize 495:19 498:16,21 499:8 purports 473:7,9 447:17 property 331:13,20 353:3 r 347:5,15 367:4,9 368:24 373:3,7 374:3 390:11 purpose 323:21 349:21 350:4 railroad 451:6 483:8 484:8 392:11 399:1 400:12,14,19 400:23 401:8,12,14,17,18 358:17 421:12 460:2 489:7 pursuant raised 356:8 463:9 402:3,8,9 403:19,24 404:8 503:13 504:7 507:8 405:14,14411:14,15 put ran 481:19 414:15 465:23 483:10,11 322:15 339:10,12,18 345:1 random 483:13,16,21,23 484:3,10 484:11,12,13,25 499:1,2 347:19,20 349:15 351:7 374:13 399:17 413:17 421:21 really 329:13341:16342:11 404:21 409:3 421:20 426:6 438:25 487:2 497:16 reason 332:10,10 343:22 348:7 356:1,3,5 369:8 489:8 510:1,1,1,1,1,1,1,1 511:1,1 511:1,1,1,1,1,1 reasons propounded 451:10 472:20 491:24 330:14 415:23 352:20 321:5 322:21 508:1,4 protection 492:2,10 putting ranged 376 18 recall 323:18,24 327:17 330:25 390:12 protocol 370:8 pwg rare 421 '4 332:17 336:3 337:4 339:11 345:2,4 346:19 347:10 445:2,7 475:4,15 500:2 314:4 315:8 513:1 rarely 350:5 359:9,12 364:22 501:1 protocols 475:7 provide q qualifications 465:10 487:15 qualified 328:2 rate 326:5,6 342:2 raw 366:18,21 367:24 368:1,12 368:17,22 369:12,13,16,18 370:14,16,19 372:16,20,25 373:17 375:16,18,19,22,25 328:12 332:15 358:20,22 480:5 507:6 366:24 376:20,20,23,24 377:3,4,6 380:16 385:7,10 388:3,4 390:22,22 391:1,1 400:18 quantify 471:17 473:20 rcra 409:15,15,22 410:2 414:19 377:17,18 378:15,22 381:15383:3 384:11,12,21 424:13 436:11 464:2,19,24 496:25 quantities 473:11 414:23 435:13,14,18 436:8 490:7 386:4,8,9 387:21 389:10,13 389:15 392:1,4 393:13,22 provided 339:3 352:23 380:17 384:9 question 353:20 355:2,12 362:25,25 reac 367:2 394:3 398:24 401:3,25 408:11,14412:25414:7 Kaley, Robert Ph.D. MCWANE WATER PCB-SD0000045269 [recall - resource] recall (cont.) reference (cont.) remain represent 415:21 417:24 418:4 454:21 464:22 479:16 325:14 458:17 480:25 420:10,13,17 421:14 422:4 referred remained 495:4 422:17,20 423:4,8 424:1 337:24 414:19 431:6 486:22 representative 425:15 428:16 435:20 443:25 456:4 488:13 506:1 remaining 447:20 437:12,22 438:1,7 443:17 506:8 471:6 represented 448:1,9 456:12,24 460:10 referring remains 404:23 405:10 462:19 466:6 467:8,10 327:9 338:10 361:7 385:19 470:15 representing 469:3 471:24 472:2,3,9,12 394:22,23411:9414:11,18 remarks 321:20,22,25 322:2,5,8,10 474:6 475:13 478:1 479:6 416:9 432:7 508:1 464:25 481:15 484:18 485:1 486:2 refers remedial request 488:13 489:2,21,21 491:20 407:20 419:6 450:20 366:4 390:5,9,17,23 391:13 332:4 335:11,21,25 337:3 500:9 506:2,5 481:11 482:17 400:8 419:1 432:8 338:24 340:1 343:13,17 recalling reflect remediated 344:4 346:2 365:20 435:13 401:5 361:11 413:13 388:19 397:10,16 452:5 436:3,16 463:17 496:12 recede reflected remediation requested 491:7,9 394:21 387:18,23 388:16,21,23 354:14 436:5 440:13 receive refresh 402:10 409:1,4 416:2 requests 385:8 333:6,8 475:17,21 478:7 492:11,15 470:10 received refused 492:24 500:12,23 502:24 require 337:6 416:25 417:5 443:4 401:14 403:24 404:14 remember 388:18,21,22 recess regard 343:17 377:15 required 345:20 387:3 447:12 345:5 459:23 463:5,25 removal 402:10407:15410:12 recognizable 464:23 465:9 467:19,22 366:22 379:8 383:18,22 415:15 476:3,8 482:22,24 426:22 470:2,20 475:4 478:4 411:21 497:6 recollection regards removed requirement 333:9 368:2 369:6,7 390:1 480:5 334:7 357:14,16 397:12 497:15 393:2 453:7 475:10 476:6,9 registry 501:3 requirements 492:17 494:1 436:20 rendered 402:5 408:5,9 409:22 recollections regulatory 499:23 requires 464:4 442:2,4,9 repair 475:15 record reidentify 484:22 research 321:8,18 345:18,21 356:9 321:18 repeat 323:5 463:13 486:17,20,20 387:2,4 395:21,23,24 relate 458:19 481:1 486:23,24 487:4 398:13 447:11,13 448:19 346:25 reply residences 449:22,23 453:18 467:13 related 321:5 322:21 483:25 506:13 326:1 447:24 508:9 report resident recover relating 330:2 331:6 337:25 338:13 403:24 472:19 474:21 495:17,17 346:9 447:18 465:22 371:17 377:18,21 385:3,8 residential recoverable 487:16 385:11,14 416:19 428:21 380:4 395:1 402:8,8 416:24 473:15 relationship 428:22,23,25 429:3 448:7 416:25417:4 426:11,15 recovered 487:25 450:3,6 452:16,19 463:23 443:25 445:21 475:5 478:4 327:7 342:14 454:22 455:2 relative 466:17 472:10 484:10491:11 500:12 469:2 473:15,22 474:18 361:6 reported residents recycle relayed 329:24 371:19 466:16,18 376:14 379:20 405:23 472:15 474:22 463:22 486:12 507:22 477:22 recycling release reporter residue 484:20 472:1 315:23 321:13 459:12 351:12 red releases 504:22,24 508:16 resistance 349:14 340:22,23 341:10 472:5 reporters 481:20 reduced relevant 323:22 459:21 reslawgrp.com 457:1 335:17 reporting 318:17 refer relied 485:13,15,21 509:1,1 515:1 resolution 457:6 346:12 442:12,12 468:17 reports 318:12322:13 reference relying 405:18,21 406:11 416:22 resource 403:7 434:12 436:18 327:10 456:4 472:23 488:12 Kaley, Robert Ph.D. MCWANE WATER PCB-SD0000045270 [respect - sediment] respect retainer role san 324:8,22 325:12 333:6 465:5 469:22 369:1 382:6 470:20,22 448:6 466:8 335:18 356:18,22 361:21 retaining 488:11 495:10 498:8 sand 369:19 370:2 371:22 465:5 roles 500:6,13,22 501:5 372:10 373:3 374:16 376:3 retention 470:15,19 sanders 377:13 379:14 380:18 465:6 room 316:14 317:3 321:24 322:8 385:22 386:4,12 392:5,15 retire 504:12 509:1 513:1 514:1,1 395:13 400:19 405:4 486:10 494:11 roughly santotar 408:12 414:1,2 415:6 retired 348:19 395:16 453:18 421:19 424:20 427:5 486:6,13 488:10 routed satellite 428:13 432:15 437:5,23 return 414:10 363:6 450:1 453:3 455:14 456:6,8 486:16 509:1 routes saw 457:24 492:8 493:3 review 380:4 347:14 355:13,16 378:24 respects 328:17 330:22 332:12 run 389:11 435:16 508:2 390:13 457:14 485:6 481:12,15 482:6,15 492:16 saying respond 497:22 running 340:19341:20 456:16 332:3 335:10 reviewed 395:18 472:2,3 473:7,9 502:11 response 331:10 337:2 353:16 392:1 runoff 503:7 335:14,17,21 337:2 338:23 408:3 427:13,16 440:10 392:10,15,22 396:21 says 339:16 340:1 343:12 346:2 457:17 468:15 451:24,25 468:6 481:25 321:4 322:20 328:2,11 346:24 359:22 365:20 reviewing 492:18 331:14 333:14,19,23,24 413:13 435:17 436:11 458:10490:11 runs 337:21 343:3 355:1,22 448:16,16 reviews 342:9 362:15 364:16 365:10 responses 458:9 rutledge 374:12 377:21 378:2 498:2 revised 318:2,8 322:9,9 505:17 387:16 388:12,15 390:6,9 responsibilities 389:21 413:2,6,12 s 392:8 401:11 406:13,16 463:25 464:19 487:11 revisions safety 414:4 424:21 432:4,5 436:2 489:23 responsibility 390:3413:11 rfi 368 5 369 3 sample 442:10,11 446:13,16 468:16 350:25 403:16 410:1 419:3 410:9416:1 392:10 394:14 500:4 scan 436:12 488:5,17 490:18 493:18 right 334:21,24 336:8 337:16 sampled 378:2 444:10 445:24 501:2 444:24 445:9 scheduled responsible 350:14 370:8 371:13 375:5 375:10 401:4,7 405:17 341:2 342:17 344:8 348:11 351:22 379:8 383:15 samples 329:19 365:21 378:17 394:17 398:8 406:15 419:8 420:21,23 421:9 475:17 schell 418:1 408:17 409:21 414:21 425:13,24 426:7 422:25 423:5 444:12 445:4 school responsive 430:2 431:15 435:6 441:6 445:5,16,19 423:3,11,11,15 344:3 rest 451:2,3 459:9 476:10,17 486:7 489:8,8,21 494:16 sampling 354:14,16,19 366:2 377:1,5 scientific 317:1 322:8 457:9 464:23 335:7 339:22 351:6 495:2,20 496:4,11,15 377:10,13,16,19 378:7,11 scrap restricts 497:11,18498:18500:19 378:14 379:17 386:6,9 363:20,24 353:17,18 502:15,25 503:1,17 504:16 388:12 392:14,17,18 393:5 seal result 348:8 484:16 504:21 risks 393:8,12,15,22,23 406:20 406:25 407:1,8,9,9,12 508:11 515:1 search results 437:1 438:7,10,15 414:11 415:7 419:11,13,14 336:7 346:8 328:11 332:23 333:20 riverside 340:20 354:16,25 355:1,1,4 406:8 419:17421:14,15,19422:2 422:16,18,20,22,23 423:3 searches 499:18 355:11,13,17 365:19 377:4 road 378:14 386:9 406:16,16 320:4 420:17,19421:15,15 robert 424 16 24 425 3 4 6 8 11 425:13,16,18,22 426:4 second 327:1 337:12,18 359:18 435:25,25 436:1 439:20,21 449:7 482:17 486:11 424:13,24 425:15,21,22 314:14315:17321:1,14 427:22 433:18 436:1 440:5 322:17 384:14 387:1,6 441:25,25 442:3,8 443:24 444:11 445:13,14 446:2,11 501:10 section 441:2,4,4 442:3,9 446:16 446:19 447:4 retain 447:10,15 506:13 509:1 512:1,1 513:1 rodenticide 446 15 17 447 3 4 450 8 473:23 475:4,14,21,22,24 476:2,4,8 500:2 369:4 483:3,3 sediment 377:1,4,9 378:3,7 386:1 419:8 380:12,15 394:18 Kaley, Robert Ph.D. MCWANE WATER PCB-SD0000045271 [sediments - sorry] sediments shaw similar (cont.) 329:9,10 392:18 393:25 321:12 470:20 486:1 489:13 433:1,3,11 468:5 sheets sincerely seeing 509:1,1 509:1 334:5 347:10 364:22 shipped single 366:18 377:4 383:3 437:10 474:13 414:10 483:23 443:7 462:19 shit sir seen 504:23 470:6 329:1 330:23,24,25 332:17 shm sit 336:24 339:11,14 340:5 318:17 365:23 383:2 425:17 347:17 354:16 357:5 shop 434:17 435:22 444:18 374:10 376:12 379:11 484:23 445:25 446:18 472:12 383:7,12 385:6 396:12 short site 420:19 428:21 430:16,20 486:12 325:19 328:11,18 344:5,8 435:14 441:12 473:6,24 shorthand 344:16 372:4,7 385:1 499:14 507:22 396:14 422:21 432:15 seeping shortly 490:3,6,10,15 491:19 347:24 348:8 328:25 330:2 sitting self showed 506:2 363:20 448:14 393:23,24 situation semantic showing 329:17 342:19 345:5 458:24 386:9 407:18 497:7 499:20 senior shown situations 486:17,19,23,24 487:4 360:3 361:12 421:15 475:25 sent 507:20 six 412:9,11,15 shows 457:20 sentence 333:21 372:21 sixth 327:2,4,9 328:10 378:20 shut 319:4 388:10,13,18 389:1 390:6,7 327:8 454:22 455:4,5 slightly sentences 473:16 474:11 482:10 490:24 388:11 sic slope September 386:14 442:20 482:11 314:12 315:22 321:7,9 side slopes 507:15 360:1 398:17 399:1 410:19 461:16,16 series 421:22,24 431:7 433:1,2 sloping 458:21 452:6,7 462:20 482:5 484:8 461:18 served sides slowly 447:17,19,23 465:19 482:16 418:18 service siegal slows 381:6 317:13 413:24 session signature sis 387:1,6 508:5 509:1 512:1 317:20 set signed sludge 380:12 443:11 469:23 432:11 436:14,16 472:8 507:24 515:1 significance sm settlement 456:19 353:17 361:13 405:11 485:1 significant small settlements 389:23 413:10 408:6 438:21,25 439:8 405:3 484:16 significantly 440:7,10 473:21 481:22 seven 426:1 482:14 491:16 478:9 signifying smaller sewer 502:10 461:1 471:13,14,16 signing smith sewers 345:3 388:1 317:2 322:7,7 346:3,5 410:22 similar 449:10 464:17 505:18 368:10,12421:16455:14 514:1 smp 331:3,6,8 332:12 smps 346:14,18 472:22 smu 349:10,10 snow 377:2 378:3,7,11,18,23 379:3,15,22 380:12 397:25 430:8 431:24,25 soak 492:20 society 513:1 514:1 soil 385:24 386:1 394:18 397:12 435:25 soils 328:6 329:2 342:7,13 410:19,20 420:2 433:12 434:1,5 483:1 sold 327:7 351:6 454:17 455:8 477:13 solid 350:15 352:12 353:4,12 356:13,18,23 357:18 358:11 359:15 360:2,4 361:1 362:6,12 363:5,11,15 363:18,21 364:5,10,13,25 394:17 solidify 340:16,18 342:13 469:2 soluble 490:21,25,25 solutia 314:2 315:5 321:15 322:2 368:15 373:21 385:5 390:23 397:18 408:20 416:15417:18419:7 429:10 432:6 436:24 437:4 447:3 452:25 471:21,25 475:4 478:4 483:11,17,18 495:9,13 496:6,17 498:2,3 498:17499:1,17 500:3,8 503:4 509:1 513:1 solutia's 390:11 424:21,23 somebody 412:24 448:21 449:6 soon 340:16 342:13 392:24 sooner 458:18 sorry 345:4 346:4 378:21 380:23 Kaley, Robert Ph.D. MCWANE WATER PCB-SD0000045272 [sorry - substances] sorry (cont.) speculating star storm (cont.) 381:15 385:19 404:9 344:18 358:19 374:7 323:23 324:8 376:21 414:3 451:20,23,24 452:1 429:13,14 441:14 443:19 speculation 459:12,16 471:13,14,15481:12,15,18 444:6 451:21 453:16 342:16 358:19 start 482:6 460:23 462:4 476:14 spell 326:9 356:21 363:25 story 502:12,15 368:20 448:10,11 452:14 started 323:23 376:21 474:9 sort spent 329:19 432:24 stream 487:19 362:13 starting 334:3,6,9,12,15,17,18,22 sound spill 327:4 street 507:16 474:5 state 317:5,14 319:15 383:14,17 sounds spilled 315:20,23 325:21 327:2 397:25 431:11 450:25 387:10 473:11 507:1,5,13 508:17 515:1 source split stated strike 380:1 434:16 445:18,23 444:14 363:10415:4418:19 sources splitting statement structure 377:22,24,25 385:21 477:7 461:11 504:1 513:1 368:3 502:16 506:2,3 spoke statements structures south 323:15 416:11 435:3 466:24 479:3 411:21 412:8 354:8 364:8 392:10,15,22 spoken states stuart 395:13 396:21 398:14 323:13 443:16,23 315:1 321:21 390:12 404:25 405:10 400:4 410:18 413:25 422:5 sporadic 420:24 441:10 489:3 507:9 stuart's 429:22 452:8 461:7,11,22 421:20 426:25 static 405:12 462:7,16 467:20 481:12,16 spray 448:17 449:4 studied 481:21,23 482:18,21 484:6 492:14 statistical 423:25 457:21 484:8 489:24 491:23 493:4 sprays 439:20 studies southern 492:4,13 statistically 438:17,19,24 440:6 441:9 318:10 322:14 spriggs 440:21 441:7 455:14,17 457:9,15,17,24 space 325:18 326:7,10,15 465:2 stayed 458:3,5,7 465:15 451:7,8 square 342:7 study speak 316:16 509:1 513:1 514:1 steam 407:17 423:20,22 424:2 428:9 435:2 495:2 497:19 squire 358:20 438:21 439:12,18,24 440:2 speaking 316:14 321:24 509:1 513:1 steel 440:4,4,5,16,18,20 441:1 350:8 489:24 504:22 514:1 318:1 322:10 476:21 441:13,14,15,20,22 455:11 specialist ss step 455:22 486:17,20,24 487:4 507:2 504:15 subcontractor species ssd.com Stephanie 325:19 406:7,17 316:20 318:2 322:9 subject specific St Stephens 390:13 398:15,19 400:5 325:5 331:25 343:17 350:6 315:20 316:6 360:23 317:12 465:25 469:24 503:23 355:10 370:16 414:9 367:16 369:18 409:4 439:3 steps subjects 437:10,21 445:2 463:16 453:10,15470:18474:13 411:18500:8,15 459:24 464:8 477:3,8,9 500:16 474:14 507:3,13 508:12 stint submitted 502:19 509:1 514:1,1 515:1 486:16 450:3,12,13 455:23 456:2 specifically staff stone 458:10 337:4 338:7,20 339:11 409:4 504:24 submitting 359:12 361:19 362:5 stage stop 376:20 435:25 367:21 368:16 369:17 490:17 350:1 484:24,25 subscribed 370:4 373:5 375:18,21,24 stages stopped 512:1 377:20 393:20 407:7,11 403:22 447:2 subsequent 413:3 414:7 416:21 417:2,9 standard storage 361:4 382:11,13,20,23 435:22 436:6 438:1 456:13 331:3,24,25 478:25 480:9 356:15 362:8,13 366:6,9,12 subsequently 468:16 491:21 494:13 standards 366:22 477:2 435:24 501:6 505:4 478:15,22 479:5,10,16,23 storm substance speculate stands 329:3 342:9 392:9,15,22 324:1,11 459:23 361:17 384:22 396:21 397:19 400:9 substances 410:17,21,24413:15,18 436:20 445:13 Kaley, Robert Ph.D. MCWANE WATER PCB-SD0000045273 [suffered - think] suffered sure (cont.) tar tested 405:7 499:13 503:6 504:12 348:8 327:19 328:7 329:9,22 sufficient surely tarlike 351:24 354:18,21 355:16 440:3,4 468:4 348:1 382:3,11,12,14 422:25 suggest surface tars 423:5 433:12 434:7 444:15 374:14 343:6 467:25 347:24 444:21 467:17 475:15 suggested surprise task 493:8 384:9 338:14 332:3 testified suggesting surpriseng taxed 352:10,13 379:19 383:11 456:20 338:21 514:1,1,1,1 383:16 450:24 463:5 suing surrounded taylor 467:22 469:1 470:17 487:7 380:19 374:12 319:2 320:15 322:4,4 488:23 490:19 507:20 suit surrounding 330:14,18 449:5,17,19,21 testify 508:9 498:17 480:15,18,20 494:19,19,23 321:3 322:19 347:2 507:18 suite suspect 495:3 496:3 497:3,11,18,21 testimony 315:19 316:5 317:4,15 499:12 498:9,14 499:22 501:9,11 332:11,14 338:4 342:5 318:4,13 319:5 320:4 509:1 swmu 502:22 503:15,19,22 504:5 347:1 396:18 397:4 434:23 514:1 515:1 349:9 353:17,22 354:1 504:14,18,21,25 505:14 439:18 445:22,22 459:5 sulphur 361:13 team 460:7 461:6 463:1,2,4 357:20,24 358:3,8 sworn 417:19 465:1 466:1 505:1 507:21 sum 321:2 322:18 507:18 512:1 technical 507:24 512:1 328:1 system 325:24 464:20,20 testing summarizing 340:7,9 359:16 361:2,15 telecopier 329:19 341:21,23 352:7 424:23 397:17 474:22 319:19 320:8 355:5,7,10 365:15 382:10 summary systems telephone 382:20,22,23 386:19 385:4 361:4,21 316:7 319:18 320:7 467:5,6 392:24 407:5 412:18 415:9 superficial t tell 419:19 426:3 433:2,17 482:25 supplemental taken 315:17 321:14 340:20 323:3 325:15 327:8 331:19 thank 332:24 349:7 357:2 359:14 330:18395:10450:10 416:1 417:21 418:9 supplied 346:15 341:1 365:22 385:24 393:1 414:6 441:11 466:24 509:1 512:1 513:1 374:6 376:7,16 377:24 451:14476:18487:2 380:9 385:16 388:25 389:2 494:14,16 506:10,11 394:7 413:1,5 422:12 thanks support 325:24 457:10 464:20,21 talk 327:12 358:8,25 361:18,18 423:18 425:2 432:13 435:12 443:10 444:3 322:16 396:7 theft supposed 419:23 366:15 428:8 464:3,5 497:17 448:13 449:12 459:19 467:8 474:6,12,12 theoretical sure talked tells 450:8 329:23 331:9 333:10 334:8 335:9 337:24 338:8,13 339:5,21 344:17,21 345:9 324:17 357:1 362:24 398:6 456:14 458:8 466:14 467:8 476:24 393:2 temporary 477:2 theories 434:20 thereto 346:21 347:1,6 348:2 349:13 351:11 353:15 361:8 364:3 368:1 370:21 372:22 373:9 376:14 377:6 talking 347:12 356:4 360:6 387:8 411:7 426:7 429:25 430:4 437:21 450:5 460:7 477:6 ten 421:1,2,2 502:14 tens 394:5 433:9 457:22 508:2 thick 414:13 thing 379:6 382:16 383:19 390:2 478:6,7,9 480:10 484:21 term 444:10 446:24 396:25 398:10,12 405:1 408:1 411:7 415:10416:6 418:3 425:23,25 428:23 429:25 431:22 433:17 506:7 talks 430:7 tank 381:15 398:4 466:19 468:19 489:8 490:2 terminated 474:16 things 341:14,24 342:8 355:10 372:1 388:9 437:19 438:6 446:21 450:6 453:19 435:16 436:9,13,17 440:19 356:15 363:12,14 terms 456:22 498:12 442:17,19 444:20 446:2,6 450:18,21 453:17 458:25 tanks 366:6,9,13,16,19,22 332:2 393:24 409:18 426:18 465:14 505:11 think 329:11 334:15,16,18 465:13 468:23 469:10 471:14 473:21 481:22 tape 386:24,25 387:5 447:7,9,14 terphenyl 349:24,24 351:9 335:19 340:10 341:21 342:10 343:15,19,24 344:2 484:9 485:8,22 486:5 487:2 487:22 490:1 491:16 494:4 502:11 test 397:19415:11,16 346:23 347:13,14 349:16 350:7,11 351:7 356:9,17 Kaley, Robert Ph.D. MCWANE WATER PCB-SD0000045274 [think - unfair] think (cont.) timing transport u 360:3 361:17 363:2,14 369:7 385:23 u.s. 364:4 365:4 374:10,11 title transportation 319:11 380:3,24 387:11 399:16 332:1 360:16 367:9 368:7 432:14 433:16 uh 402:25 410:8 413:10 368:12,16,23 485:20,22 transported 330:1 360:19 404:2 424:15 418:20 422:8,13 424:1,2,7 486:2 499:4,18,24 426:10 428:7 438:9 439:13 460:22 426:13 428:24 431:23 today trap 462:6 466:7 469:24 475:6 434:9 437:19 438:3 440:2 321:13 324:24 339:14 333:15,16,25 496:21 441:8 444:9 446:5,21 434:17 435:22 446:18 trash ultimate 448:12 449:10,10 458:8,12 454:20 460:7 472:12 356:24 357:4,4 391:14 458:23 461:4 463:9,22 495:12,15 506:3 traveled um 466:15 468:14 469:5 today's 471:2 347:13 364:7 371:15 471:19 477:5 478:21,23 321:9 387:1,6 traveling 388:25 395:6 400:8 418:4 479:14,17 480:9 481:2 told 369:19 422:14 453:12 456:8 484:8 486:21,22 488:2 327:3,6 372:11 420:6,11,14 trial 471:14 484:20 491:10 497:5,5,12 498:9 466:21 475:8,12 507:11 unclear 499:16,17 500:8 504:6,8 tolerance tributaries 347:1 506:4 406:18 407:4 377:2 381:2,18 382:1 383:5 uncomfortable thinking tool 383:14 397:23 443:9 339:14 498:12 318:10 322:14 triggered uncovered third top 419:7 476:22 477:1 500:23,23 356:8 451:9 454:21 475:15 trivial underground thought 482:13,15 500:4 501:1,3 326:20 366:6,8,12,22 355:6 392:13 422:11,11 tosca troutman undersigned 502:11 505:3 445:13 317:3 322:7 514:1,1 391:9 thousand total troutmansanders.com understand 418:14 376:5 388:6 514:1,1,1,1 317:9 336:15411:10450:21 threatened tower truckload 458:22 463:24 464:5 367:5 316:15 509:1 474:12 understanding three towers true 329:17 348:1,6 357:10 323:17 326:13 354:25 364:4 347:22 412:5 468:1 491:8 372:3,5 381:11 388:20 355:21 393:4 401:23 403:1 toxic 508:2 512:1 391:16 424:24 444:23 418:7 460:9,14 475:15,22 436:19 445:13 truth 451:22 457:12 459:14 476:5 500:4 501:1 toxicologist 321:3,3,4 322:19,19,20 460:16 464:9 469:4 475:14 time 418:2 465:16 507:18,19,19 476:5 477:12,16,19 485:8 321:17 323:15 327:20 tp try 489:1,12 492:22 495:10,13 328:6 336:16,17 339:6 356:25 357:3 459:4 481:1 495:2,5,9 495:16 500:6,10,21 502:7 341:1,21 347:3,7,13 350:25 trace trying 502:20 505:10 351:19 354:12 361:6 366:4 392:9 443:9 487:19 understood 366:22 367:25 368:8 369:4 track tull 387:12 459:18 480:20 369:9,12 371:7,15 373:15 350:14 380:6,9,18,19 500:3 374:13,21 382:15 386:17 tracking turn undertake 386:21 388:1 389:10 418:25 331:12,14 332:19 346:20 429:11 440:15,20 396:15,25 398:6 402:21 tracks 391:1 454:19 481:6 485:15 undertaken 403:2,17 407:5,24 409:8 451:6 484:9 twenty 370:2 390:10,24 407:13 415:8 424:25 425:4,9,12 trained 460:20 undertook 432:23 446:9 447:6 455:5 440:1 type 393:3 400:23,25 458:13 459:13 460:9 training 470:20 492:2 undetermined 462:24 463:19 467:9 465:15 types 507:9 469:23,25 474:23 476:11 transcribed 471:18 503:8 505:11 undrummed 485:12,21 486:10,12 487:7 507:22 typewriting 348:5,13 487:9,20 491:25 493:11 transcript 507:23 unexpectedly 497:14 498:13 499:17 469:9 507:21 508:3 509:1 typically 392:9 times 512:1,1 513:1 514:1 422:5 471:3 unfair 455:6 471:16 478:23 transcripts 479:8 515:1 Kaley, Robert Ph.D. MCWANE WATER PCB-SD0000045275 [unfortunately - words] unfortunately vaporize waiter west 419:16 420:1 420:3 319:11 321:20 319:15 346:22,25 347:3,4 unintentional vapors want 347:23 348:4 353:24,25 479:24 426:9 333:12 336:9 345:9,14,25 354:9 364:9 367:3,20,25 unit varied 346:20 385:20,20 388:9 368:8,24 369:23 370:2,6 353:13 356:14,23 357:19 394:4 390:16 394:9 414:17 437:9 374:8,9,23 375:2 399:23 358:11 359:15 360:2,4 variety 442:17,19 450:21 451:14 410:21,25 414:14 422:3,4 361:1 362:7,12 363:6,11,15 424:3 453:17 458:25 485:6 423:13 467:16 492:9,24 363:18,21 364:5,11,14 various 494:20 495:9 514:1 365:1 455:4 446:25 457:15 471:16 wanted western united 475:10 493:13 498:1 500:8 339:2 428:8 499:6 504:14 359:16 361:16 482:23 315:1 319:1 321:21 322:5 500:15 washed westinghouse 390:12 420:24 441:9 489:3 vent 329:3 412:6 495:4 505:3 507:9 425:24 washing westvaco units vents 337:19 316:12 321:25 480:25 327:8 333:14,15 350:15 425:13 Washington we've 352:12 353:4 356:19 verbal 318:14 325:18,21 327:6 364:8 399:1 429:20 361:10 455:5 392:4 443:14 waste 429:20 431:11 473:23 unnamed versa 334:3,6,9,12,24 336:1 whatsoever 394:25 459:2 350:15 352:12 353:4,12 487:25 unsuccessful versus 356:13,18,23 357:19 whereof 473:5 368:15 412:15 358:11 359:15 360:2,4 515:1 updated viable 361:1 362:6,12 363:5,11,15 widespread 389:14,17,20 472:15 363:18,21 364:5,10,13,25 328:19 upgrade vice wastes wildlife 371:2,10,13,22 372:10,13 459:2 358:3 409:24 381:6,20 382:7 416:12 374:15 410:18,21 482:18 vicinity water wind 482:22,24 491:5 329:12 342:9 358:20 379:4 342:8 upgraded videographer 380:23 392:10,15,22 Wisconsin 491:23 321:8,12 345:18,21 386:25 394:14 396:21 397:19 318:13 upgradient 387:4 395:21,24 447:9,13 400:9 410:17,24 413:16,18 wish 481:12,16 448:19,23 449:23 502:10 413:23,23,24 414:3,5,9 422:10 upper 506:12 461:12 468:5 481:12,15,18 wit 431:15451:3 videotaped 482:3,4,6,12 490:21,25 321:6 322:22 urban 314:14315:17 491:1 492:4,13,14,15,20 withdrawal 420:24 423:23,25 424:5,6 visiting waters 471:1 use 369:13 396:14 329:3 491:7,9 witness 328:12 362:4 365:12 463:6 volume waving 324:19 333:1 336:20 463:7,14 468:12 471:21 314:15 321:7 509:1 512:1,1 502:12 337:14 349:1,17 353:2 489:13,24 502:1,7 513:1 weeks 354:2 355:21 365:14 396:5 usepa voluntarily 464:13 399:19 411:11 429:7 430:3 391:2 407:13 weight 447:18,23 451:13 465:19 utilized voluntary 441:8 457:1 476:14,18 480:3 494:16 351:19 363:3 489:18 401:13 493:23 wellburn 503:11,14 507:14,16,25 utilizing vp 423:3,10,11,15 508:4,11 512:1 515:1 365:5 368:4 wells wlavey V vacant 401:24 402:1 valley 318:1 322:10 value 328:3 vapor 386:14 387:10 419:14,24 vs 314:4 315:8 321:15 509:1 513:1 w waived 508:5 walk 425:2 wall 337:19 wendlene 316:13 509:1 513:1 514:1 wendy 321:24 480:13,15,24 504:11 505:21 went 324:25 366:24 454:8 486:19 316:20 woman 484:1 wood 357:4 word 334:20 489:22 words 499:4 420:5,8,9 461:24 462:21 463:1,3 Kaley, Robert Ph.D. MCWANE WATER PCB-SD0000045276 [work - zack] work yesterday (cont.) 324:18,23 325:4,12,13,16 454:20 458:8 465:1 485:7 325:17 326:9,21 370:9 486:19 488:11___________ 384:19 386:22 389:6,9 408:20 410:9,13 413:2,5 416:1 417:21 418:9,13 420:17 427:9,11 432:6,7 zack 439:13 z 433:19,22 436:14 440:12 440:14 445:15,15 452:22 452:25 456:6 464:7,16 487:11 492:9,24 493:5 499:4 worked 370:17 417:15 438:22 453:12 460:5 468:22 workers 438:22 441:10 455:11,15 455:18 working 325:3,5 342:4 412:24 works 418:2 448:13 write 353:25 written 392:5 429:20 465:2,4 467:12 wrong 405:1 442:7,11,15 469:6 479:16,17________________ y yard 363:20,24 427:1 475:20 501:3 yards 379:20 380:5 475:5 500:12 yeah 330:16 338:12 345:6 355:15,20 362:11 394:24 395:15 399:15 429:24,24 468:15 494:19 year 326:11 374:18 386:23 393:20 427:12 430:8 431:21 451:18,19,20,23,24 452:1 455:1 494:11 years 323:17 328:13,20 329:4 330:4 340:20 341:2,3,15,23 345:7,7 370:21 374:1 393:4 446:23 459:7 yesterday 324:17 326:24 333:3 347:1 347:2 348:23 352:10 357:1 362:24 368:4 379:19 383:11 392:8,12 407:20 Kaley, Robert Ph.D. MCWANE WATER PCB-SD0000045277