Document 6e8rkdL1x8w0ZGE3MgvRRO19

1 IN THE CIRCUIT COURT FOR ETOWAH COUNTY STATE OF ALABAMA 2 (Transferred from Calhoun County Alabama) 3 4 SABRINA ABERNATHY, etal., ) 5) Plaintiffs, ) 6 ) CIVIL ACTION NO. VS. ) CV-96-269 7 ) (Consolidated) MONSANTO COMPANY, etal., ) 8) Defendants. ) 9 10 11 12 DEPOSITION OF STEVE SMITH 13 Taken on behalf of the Plaintiffs 14 August 8, 2001 15 16 17 18 19 KRIEGSHAUSER REPORTING & VIDEO 20 REGISTERED PROFESSIONAL REPORTER 319 NORTH 4TH STREET, SUITE 322 21 ST. LOUIS, MISSOURI 63102 (314)621-4408 FAX (314) 22 621-4533 Page 1 1 APPEARANCES 2 3 The Plaintiffs were represented by Ms. Ellen B. Malow of the law firm of 4 Kasowitz, Benson, Torres & Friedman, L.L.P., 700 Louisiana Street, Suite 2200, Houston, 5 Texas 77002. 6 The Defendants were represented by 7 Mr. William S. Cox, III of the law firm of Lightfoot, Franklin & White, L.L.C., 8 The Clark Building, 400 North 20th Street, Birmingham, Alabama 35203 9 10 11 12 INDEX OF EXAMINATION 13 14 EXAMINATION PAGE 15 Direct-Examination by Ms. Malow 5 16 17 INDEX OF EXHIBITS 18 PLAINTIFFS' PAGE 19 One, Notice 5 20 Two, 1967, A Final Report 5 21 Three, Jan 4,'99, letter to Faust 184 22 from ADEM Page 3 1 IN THE CIRCUIT COURT FOR ETOWAH COUNTY 2 STATE OF ALABAMA (Transferred from Calhoun County Alabama) 3 4 5 SABRINA ABERNATHY, etal., ) ) 6 Plaintiffs, ) ) CIVIL ACTION NO. 7 VS. ) CV-96-269 ) (Consolidated) 8 MONSANTO COMPANY, etal., ) ) 9 Defendants. ) 10 11 12 13 Deposition of STEVE SMITH, produced, sworn, and examined on behalf of the 14 Plaintiffs on August 8, 2001, 10:00 a.m., at the offices of Kriegshauser Reporting & Video, 15 319 North 4th Street, Suite 322, St. Louis, MO 63102, before Sheila L. Ford, a Registered 16 Professional Reporter and Notary Public within and for the State of Missouri. 17 18 19 20 21 22 Page 2 Page 4 1 STIPULATIONS 2 3 IT IS STIPULATED AND AGREED by the 4 parties, through their respective counsel, 5 that the deposition of STEVE SMITH may be 6 taken before Sheila L. Ford, CSR, RPR, as 7 Commissioner and Notary Public, Missouri at 8 Large, at St. Louis, Missouri, on August 8, 9 2001, at 10:00 a.m. 10 11 IT IS STIPULATED AND AGREED that it 12 shall not be necessary for any objections to 13 be made by counsel to any questions except as 14 to form or leading questions and that counsel 15 may make objections and assign grounds at the 16 time of trial or at the time said deposition 17 is offered in evidence or prior thereto. 18 19 IT IS STIPULATED AND AGREED that notice 20 of filing by the Commissioner is waived. 21 22 Pages 1 - 4 HARTOLDMONO018966 Page 5 1 STATE OF MISSOURI, CITY OF ST. LOUIS; 1 2 2 Q. 3 [Plaintiffs' Exhibits Numbers 3 4 One and Two were marked for 4 5 identification.] 5 6 6 A. 7 STEVE SMITH, 7 Q. 8 of lawful age, produced, sworn, and examined 8 9 on behalf of the Plaintiffs, deposes and says: 9 10 10 11 DIRECT-EXAMINATION 11 12 QUESTIONS BY MS. MALOW: 12 13 Q. Mr. Smith, can you explain to the ladies 13 14 and gentlemen of the jury why thirty 14 15 years after Dr. Ferguson recommended 15 16 that Monsanto clean up Snow Creek it 16 17 still has not been done? 17 A. 18 MR. COX: Object to the form. 18 Q. 19 A. I'm not aware who Dr. Ferguson is or 19 A. 20 what that claim is about. 20 Q. 21 Q. (By Ms. Malow) Well, assume with me 21 22 that Monsanto hired Dr. Denzel Ferguson, 22 23 who was a biologist, who came down and 23 Page 7 to follow in doing a cleanup. (By Ms Malow) Let me show you what 1 have marked as Exhibit Two, Mr. Smith, and ask you if you have ever seen this before. No. And just for the record, what 1 have handed you that is marked as Exhibit Two is what's entitled, "A Final Report, Investigation of Certain Pesticide-Wildlife Relationships in the Choccolocco Creek Drainage." If you will, look at the third page that is signed by Denzel Ferguson, Principal Investigator. Do you see that? Third page? Yes. Yes. And it's your testimony that you have never seen Dr. Ferguson's report, which is the result of a contract between Monsanto Chemical Company and 1 2 3 4 5 6 7 8 A. 9 10 11 12 13 Q. 14 15 16 17 18 19 A. 20 21 22 23 Page 6 did a full study of Snow Creek and 1 Choccolocco Creek in 1967 and 2 A. recommended to Monsanto at that time 3 Q. that Snow Creek be cleaned up. Can you 4 explain, if that assumption is correct, 5 why is it it hasn't been done? 6 Q. MR. COX: Object to the form. 7 1 don't know, first, whether the 8 assumption is correct or not. Also 1 9 A. don't know what the circumstances were 10 Q. around whether a recommendation was 11 made, if one was made. 12 (By Ms. Malow) Assume with me it is 13 correct. Do you have any explanation 14 Q. whatsoever as to why it is that Monsanto 15 or Solutia wouldn't follow a 16 recommendation to clean up Snow Creek? 17 MR. COX: Object to the form. 18 A. Well, there could be a number of 19 Q. different reasons. 1 certainly, where 1 20 am today, cannot speculate on all the 21 reasons. But there are certainly 22 different formats that you're expected 23 Page 8 Mississippi State University, correct? That's correct. If you'll go to -- MR. COX: You can look at the entire document. (By Ms. Malow) Sure. 1 was going to direct you to page 15, whenever you're ready to go there. Are you on page 15? No. That's fine. Let me know when you're ready. [Discussion held off the record.] (By Ms. Malow) Have you taken some time, Mr. Smith, to read Dr. Ferguson's report, which we have marked as Exhibit Two? 1 scanned through a number of the pages. And just based on your quick scanning of those pages, have you come up with any reason why Solutia did not follow Dr. Ferguson's recommendation to clean up Snow creek? Pages 5 - 8 HARTOLDMONO018967 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 Q. 19 20 21 A. 22 23 Page 9 MR. COX: Object to the form. 1 MS. MALOW: That's fine. You have 2 A. made your objection. 3 Q. MR. COX: I'll state my objection 4 so maybe you can clarify it, 5 so you can remove my 6 objection. But you're asking 7 A. him to assume what 8 Dr. Ferguson meant by clean 9 Q. up Snow Creek in a document 10 that's written in 1967. If 11 you want to make some 12 assumptions about what that 13 A. meant to Dr. Ferguson and 14 Q. tell those to Mr. Smith, 15 maybe he can answer the 16 question. 17 (By Ms. Malow) Is there anything 18 unclear to you, Mr. Smith, about the 19 phrase "clean up Snow Creek"? 20 A. Absolutely. It could mean lots of 21 Q. different things to different people. 22 It could mean source reduction within 23 A. Page 11 Dr. Ferguson's findings back in 1967? No. Do you know why is it is that you, who are in charge of remediation, are not aware of Dr. Ferguson's report? MR. COX: Object to the form. 1 first became leader of the mediation group in March of this year. (By Ms. Malow) That might bring us to a good place to go backwards a little bit. First of all, can you state your name for the jury, please? Steven Douglas Smith. (By Ms. Malow) Mr. Smith, we met right before the deposition. My name is Ellen Malow. I'm one of the attorneys representing the plaintiffs in a lawsuit that's been filed against Monsanto and Solutia. Do you understand that? Yes. Have you ever had a deposition -- given a deposition before? Yes. Page 10 Page 12 1 plants, could mean improvements to the 1 Q. How many times? 2 waste water treatment facilities. It 2 A. 1 don't recall for sure. Probably 3 also talks about a number of other 3 around ten. 4 potential sources. 4 Q. When is the last time you gave a 5 Q. Do you know if Snow Creek presently 5 deposition? 6 still is a continuing source of 6 A. It's been several years. 1 would guess 7 contamination to the downstream volumes 7 four to six years ago. 8 of water? 8 Q. What kind of case was that, sir? 9 MR. COX: Object to form. 9 A. It was -- I'm sorry. The most recent 10 A. Well, 1 think that would depend on the 10 one was probably about three to four 11 definition of contamination. Any plant, 11 years ago. And it was a case associated 12 any waste water treatment plant would 12 with the Brio Superfund site in Houston. 13 have some permitted levels of materials 13 Q. And what was your position at the time 14 that are discharged. 14 that you gave that deposition on the 15 Q. (By Ms. Malow) Let's be real specific. 15 Brio case? 16 Do you think that Snow Creek serves as a 16 A. 1 was the project manager for Monsanto. 17 continuing source of PCB contamination 17 Q. In St. Louis? 18 to Choccolocco Creek and Lake Logan 18 A. Yes. 1 live in St. Louis. 19 Martin? 19 Q. Were you responsible for overseeing the 20 MR. COX: Object to the form. 20 Brio cleanup? 21 A. Not to my knowledge. 21 A. 1 was project manager for Monsanto. 22 Q. (By Ms. Malow) Have you ever been told 22 There were a number of other parties 23 by anybody within Solutia about 23 that are also working there. Pages 9-12 HARTOLDMONO018968 1 Q. 2 3 A. 4 Q. 5 6 7 A. 8 Q. 9 10 11 A. 12 Q. 13 14 A. 15 Q. 16 17 A. 18 Q. 19 A. 20 21 Q. 22 23 A. Page 13 But for Monsanto's part in it, were you responsible? Is that your project? 1 was project manager, yes. But you had other remediation projects under your -- that were part of your responsibility as well, correct? Yes. And do you remember who the lawyer was on the other side that took your deposition in the Brio case? No, 1 don't. Do you remember the law firm involved for plaintiffs in that case? No. Did you only give one deposition regarding the Brio Superfund site? Yes. As 1 recall, yes. Is that litigation still pending? My understanding, that particular case was resolved. Do you know how much Monsanto paid in settlement? No. 1 don't know what they paid or if 1 2 3 Q. 4 A. 5 Q. 6 7 8 9 A. 10 11 Q. 12 13 14 A. 15 16 Q. 17 18 19 20 21 22 A. 23 Page 15 owner under this what's generally referred to as the Scaffolding Act. Like a premises liability case? 1 don't know what that is. But most of the cases you have been involved in have been contractors suing Monsanto as the property owner at the site where the contractor worked? This was actually the Village of Sauget that was suing. Have you during your time at Monsanto or Solutia had oversight for the Sauget facility? Depending on your definition of oversight, probably yes. We will get into that in more detail. Right now let me stick with the depositions. So the Brio litigation, these Illinois Scaffolding Act cases. What other type cases have you given depositions in? 1 was deposed in an insurance litigation case that Monsanto had, some insurance 1 2 Q. 3 A. 4 Q. 5 6 A. 7 Q. 8 9 10 A. 11 Q. 12 13 14 A. 15 16 Q. 17 A. 18 19 20 21 22 23 Page 14 they paid. Did they settle? There was a settlement. Were PCBs one of the contaminants at the Brio Superfund site? No. Have you ever given a deposition on any case other than the one today involving PCBs? 1 don't believe so, no. Tell me what other types of cases you have given depositions in other than the Brio one. Most of them were typically referred to as Illinois Scaffolding Act lawsuits. What kind of cases were those? They are associated with contractors in Illinois. When contactors work on a property owner's property, if they are injured, under certain circumstances they can not only recover workers' comp against their employer, but they can file a lawsuit against the property 1 2 Q. 3 A. 4 5 Q. 6 7 A. 8 Q. 9 10 11 A. 12 13 Q. 14 15 16 Q. 17 A. 18 19 20 21 22 Q. 23 Page 16 carriers. What was the nature of that litigation? Questions revolving around environmental liability. And what was the result of that litigation? Was it settled? That one was settled, yes. Did your carriers reimburse Monsanto for its expenses on environmental liabilities it had incurred? 1 don't know what the dollar amount was. There was a settlement. But that's what Monsanto was seeking, correct? MR. COX: Object to the form. (By Ms. Malow) Do you know? My understanding was that they were seeking reimbursement for some environmental cost based upon the previous insurance policies they had with the companies. Did any of those environmental costs involve PCB remediations? Pages 13-16 HARTOLDMONO018969 Page 17 Page 19 1 A. 1 don't know. 1 Monsanto, or this is just prior 2 Q. Any other types of cases in which you 2 employment, before you went to work for 3 have been deposed other than the ones 3 Monsanto? 4 you have told me about so far? 4 A. No. 1 was still working for Monsanto. 5 A. 1 was deposed in a lawsuit that the -- 5 1 was on loan to the Village of Sauget 6 either EPA or Illinois EPA brought 6 for start-up of this facility. 7 against the Village of Sauget on a 7 Q. What was Monsanto's affiliation with the 8 permit matter related to the 8 American Bottoms waste water facility? 9 pre-treatment permit. 9 A. Monsanto was one of the users of the 10 Q. What year was that? 10 facility. 11 A. As 1 recall, that was between 1985 to 11 Q. Any other depositions that you can 12 1990 time frame. 12 recall other than the ones we have 13 Q. What was the specific pre-treatment 13 talked about? 14 permit matter in issue in that case? Do 14 A. Very early -- Well, early in my career 1 15 you remember? 15 had a short deposition related to a 16 A. The village was required to put together 16 material spill in Sturgeon, Missouri. 17 a pre-treatment program under the Clean 17 Q. What was the material that was spilled? 18 Water Act, which is a very lengthy and 18 A. 1 believe it was some type of 19 involved set of ordinances and documents 19 chlorophenol. 20 that are put together. And the either 20 Q. Do you remember who the plaintiff's 21 state or federal EPA had a disagreement 21 lawyer was in that case? 22 with the specifics of that program. 22 A. They were from Belleville, Illinois. 23 Q. What was the specific allegation against 23 That's all 1 remember. Page 18 Page 20 1 Monsanto in that litigation? Do you 1 Q. Do you know where the suit was filed? 2 remember? 2 A. It believe -- It was tried in 3 A. 1 don't recall any specific allegation 3 Belleville. 4 against Monsanto. 4 Q. It actually went to trial? 5 Q. Were you being -- Was Monsanto actually 5 A. Yes. 6 a party to that suit? Were they a named 6 Q. Did you actually appear live at trial? 7 defendant? 7 A. No. 8 A. 1 don't believe so. 8 Q. Have you ever testified at trial in any 9 Q. Do you know why it is that you were 9 case? 10 being deposed? 10 A. Yes. 11 A. Because at that point 1 was project 11 Q. How many? 12 manager for the American Bottoms 12 A. One. 13 regional waste water treatment plant. 13 Q. What case was that? 14 Q. For the American what? 14 A. It was essentially a paint damage claim 15 A. American Bottoms. 15 made by some employees of a facility 16 Q. Bottoms? 16 next to the Monsanto Krummrich plant. 17 A. Yes. 17 Q. Where was that suit filed? 18 Q. Waste water treatment plant? 18 A. The trial was in Belleville. 1 assume 19 A. Right. 19 it was filed in Belleville. 20 Q. Is that located in the Village of 20 Q. Do you remember who the plaintiff's firm 21 Sauget? 21 was in that case? 22 A. Yes. 22 A. 1 believe Cook is one of the names, one 23 Q. Does it have any affiliation with 23 of the main partners. Pages 17-20 HARTOLDMONO018970 1 Q. 2 3 A. 4 Q. 5 A. 6 Q. 7 A. 8 9 Q. 10 11 A. 12 13 Q. 14 15 16 A. 17 Q. 18 19 20 21 22 23 A. Page 21 Did you also get deposed before trial in that paint damage claim case? No. Just live at the trial? Yes. Do you remember how that case came out? The --1 don't remember the exact dollar amount. There was some finding for the employees? There was some finding, not what they asked but some smaller amount. And that case with the materials spilled in Sturgeon, Missouri, do you remember the plaintiff's firm in that case? No. 1 may have asked you that. All right. Do you remember the name of the lawyer that took your deposition in that EPA versus Village of Sauget case? You didn't know it was a memory test, did you? No. 1 2 Q. 3 4 5 6 A. 7 Q. 8 A. 9 10 Q. 11 A. 12 13 Q. 14 15 16 17 A. 18 Q. 19 20 A. 21 Q. 22 23 Page 23 resulted in a warranty type case. I'm with you. All right. And do you happen to remember who took your deposition in that case from the other side? No. What year was that suit? It was probably filed in '89, 1990 time frame. And was that in Belleville also? 1 don't know. The deposition was in Chicago. Did you have a chance to --1 don't want to know what you talked about. But did you have a chance to talk with Mr. Cox to get ready for your deposition today? Yes. 1 spoke to him yesterday. Was Mr. Felder in the room during that preparation? No. Have you had any conversations with Craig Branchfield about the deposition that he gave on July 24? 1 Q. 2 3 4 5 A. 6 Q. 7 A. 8 Q. 9 10 A. 11 Q. 12 A. 13 14 15 Q. 16 A. 17 18 Q. 19 A. 20 21 22 23 Page 22 How about the insurance litigation coverage? Do you remember who the lawyers were on behalf of the insurance company or carriers? No. There were several of them. Do you know where that suit was filed? No. Any other depositions or trials that we have not covered? 1 only had the one trial appearance. So that's easy to remember? One more. 1 was deposed in the lawsuit that the Village of Sauget brought against Zimpro, Z-l-M-P-R-O. What type of case was that? That was essentially a claim of warranty. Breach of warranty case? Well, to put it in laymen's terms, the village bought an expensive piece of equipment from Zimpro, and the piece of equipment blew up. And this equipment cost several million dollars, so it 1 A. 2 Q. 3 4 A. 5 6 Q. 7 8 A. 9 Q. 10 A. 11 Q. 12 13 A. 14 Q. 15 A. 16 Q. 17 A. 18 19 20 21 Q. 22 23 A. Page 24 No. Did you know that he had given a deposition? 1 was told that he was giving a deposition. But you haven't discussed that deposition with him? No. Have you read his deposition? No. Have you had any conversations with Mike Foresman about the deposition he gave? No. Is Mr. Foresman still with Solutia? No. He retired. When did he retire? Approximately the end of February of this year. I'm not sure if it was the end of February or middle of March, in that time frame. Did you take over Mr. Foresman's position? Parts of his position, yes. Pages 21 - 24 HARTOLDMONO018971 1 Q. 2 3 A. 4 5 Q. 6 7 8 A. 9 10 11 12 13 14 Q. 15 16 A. 17 Q. 18 A. 19 Q. 20 21 A. 22 Q. 23 A. Page 25 Why don't you tell me what your job 1 Q. title is with Solutia? 2 A. Leader of the remediation management 3 Q. group. 4 Why don't we back up, sir. If you 5 A. could, just give me a thumbnail sketch 6 Q. of your education, please. 7 1 have a bachelor's degree in 8 A. engineering, in mechanical engineering, 9 Q. and a master's degree in civil 10 engineering, although it was essentially 11 the environmental program under the 12 Q. civil program. 13 A. And when did you get your bachelor's 14 degree? 15 1974. 16 From what institution? 17 Q. University of Missouri-Rolla. 18 And how about your master's? What yea 19 A. did you obtain that? 20 Q. It's approximately 1985. 21 And from what institution? 22 Same, University of Missouri-Rolla. 23 Page 27 That's when you were on loan? It's on loan to the Village of Sauget. How long a period of time were you on loan to the Village of Sauget? 1988. What exactly were you doing as project manager of American Bottom? Bottoms. Bottoms, okay. MR. COX: Like a swamp, as opposed to another. (By Ms. Malow) Let's clarify that. 1 was assisting the village in starting up a major regional waste water treatment plant, hiring people, working on the billing system. Were PCBs ever sent to that American Bottoms waste water treatment plant? What do you mean by sent? Were they ever treated, were PCBs ever treated at the American Bottoms waste water treatment plant in the Village of Sauget? Page 26 Page 28 1 Q. And did you work in between getting your 1 A. 1 don't know how to answer that 2 bachelor's and your master's degree? 2 question. My guess is that if there 3 A. Yes. 1 got the master's at night, night 3 were PCBs they would be below the limit 4 school. 4 of detection. 5 Q. Give me a thumbnail sketch of your work 5 Q. 1 guess what I'm trying to figure out is 6 history after getting your bachelor's 6 what would be the source of waste water 7 degree. 7 that American Bottoms was treating? 8 A. 1 started with Monsanto in 1974 at the 8 Where did it come from? 9 W. G. Krummrich plant. 9 A. They treated waste water from the 10 Q. What was your position when you started? 10 Village of Sauget industries, East St. 11 A. 1 was in the mechanical design group. 11 Louis, of course the village of Sauget 12 Q. At the time that you started in 1974 was 12 residents, and Cahokia, just another 13 the Krummrich plant still manufacturing 13 city, and also an area called the common 14 PCBs? 14 fields of Cahokia. 15 A. 1 believe it was. 15 Q. Was there any plant effluent from the 16 Q. Did you have any involvement whatsoever 16 Monsanto Sauget facility that was 17 with the PCB manufacturing process? 17 treated at American Bottoms? 18 A. No. 18 A. Yes. 19 Q. How long did you stay at Krummrich? 19 Q. And in that plant effluent was there any 20 A. In 1985 1 left Krummrich and was - to 20 PCB waste, regardless of the level? 21 take over as the project manager of the 21 A. Well, Monsanto actually discharges to 22 American Bottoms facility we talked 22 the Sauget physical chemical plant 23 about previously. 23 initially -- Pages 25 - 28 HARTOLDMONO018972 Page 29 Page 31 1 Q. Then where does it go? 1 A. No. 2 A. -- where its treated, and then from 2 Q. (By Ms. Malow) Do you have knowledge of 3 there it goes into the secondary portion 3 PCBs that were buried in landfills at 4 of the American Bottoms regional waste 4 the Krummrich facility? 5 water treatment facility. 5 MR. COX: Same objection. 6 Q. Do you know how many pounds of PCBs -- 6 A. There are PCBs in the landfill, 7 do you call it Krummrick or Krummrich? 7 Krummrich landfill. 8 A. Krummrich. 8 Q. (By Ms. Malow) Okay. How many 9 Q. How many pounds of PCBs was the 9 landfills are there at the Krummrich 10 Krummrich facility sending into this 10 site? 11 treatment facility in let's say 1974? 11 A. The Krummrich landfill was the primary 12 Do you know? 12 landfill Monsanto used. 13 A. No. 13 Q. How big is that landfill? 14 Q. Do you know how many pounds of PCBs were 14 A. Approximately twenty-two acres. 15 manufactured at the Krummrich facility 15 Q. Do you know what year it began? 16 in 1974? 16 A. In the late '50s. 17 A. No. 17 Q. Do you know how many pounds of PCBs have 18 Q. Do you have any idea of the number of 18 been disposed of in that Krummrich 19 pounds that were manufactured at the 19 landfill? 20 Krummrich facility during the entire 20 A. No. 21 time PCBs were manufactured there? 21 Q. But there are PCBs there? 22 A. No. 22 A. Yes. 23 Q. Do you know the years that PCBs were 23 Q. Is that landfill capped? Page 30 Page 32 1 manufactured at Krummrich? 1 A. It has between two to eight feet of clay 2 A. No. 2 cover. 3 Q. All right. So let me make sure 1 3 Q. Is there any high density polyurethane 4 understand. From '74 up until you went 4 cap on that? 5 on loan to American Bottoms in '85 you 5 A. No. 6 were at Krummrich, correct? 6 Q. Have any PCBs that have been placed in 7 A. Right. 7 that landfill during its existence ever 8 Q. And during that entire time did you stay 8 been excavated and removed to a 9 in the mechanical design group, or did 9 hazardous waste site? 10 you change positions from '74 to '85? 10 A. Not to my knowledge. 11 A. 1 changed position. 11 Q. Are there PCBs that have ever been 12 Q. What other positions did you hold during 12 disposed of in other places at the 13 that '74 to '85 time frame? 13 Krummrich facility other than the 14 A. Environmental engineer. 14 landfill? 15 Q. What were your duties and 15 A. Not to my knowledge. 16 responsibilities as an environmental 16 Q. What years were you the environmental 17 engineer at Krummrich? 17 engineer at Krummrich? Do you remember, 18 A. My primary responsibility was with the 18 approximately? 19 waste water program, working with the 19 A. From 1978 until the end of 1984. 20 Sauget physical chemical plant. 20 Q. Then you stayed at American -- Well, 21 Q. Are you aware of PCBs that went into the 21 were there any other positions besides 22 atmosphere from the Krummrich facility? 22 mechanical design or environmental 23 MR. COX: Object to the form. 23 engineering between the '74 to '85 time Pages 29 - 32 HARTOLDMONO018973 1 2 A. 3 Q. 4 5 A. 6 Q. 7 8 9 10 A. 11 12 13 14 Q. 15 16 17 18 19 20 21 A. 22 23 Q. Page 33 frame that you held? My title changed a few times. But basically doing the same type of thing? Yes. In the mechanical design group, which specific area of the plant or processes were you working with, if that's even a question that makes sense? Over the years it changed. They had different zones. Most of my projects were in the sulfuric acid department, para-dichlorobenzene, PDCB. She has got to get you verbatim. Once you give a big word, you have got to stick with it. So after the project manager position at American Bottoms, what did you do next, which brings us to 1 guess 1988? In 1988 1 returned to the Krummrich plant. And what position? 1 Q. 2 3 4 5 A. 6 Q. 7 8 A. 9 Q. 10 A. 11 12 Q. 13 14 A. 15 Q. 16 17 A. 18 Q. 19 20 A. 21 Q. 22 A. 23 Q. Page 35 Are you aware of any PCB-related projects that would have been under your responsibility as environmental superintendent? I'm not aware of any PCB projects. Okay. How long did you remain environmental superintendent? Until 1991. Then what did you do? 1 relocated to the general office, again working in the remedial projects group. Is that the same group that you're in today? Yes. And was that the first time that you had a position in St. Louis? Yes. What was your initial position in the remedial projects group in '91? Manager. And how long did you remain a manager" Up until March of this year. Did you have promotions along the way Page 34 Page 36 1 A. Environmental supervisor-- I'm sorry. 1 from '91 up until March of this year? 2 Environmental superintendent. 2 A. No. 3 Q. And what responsibility did you have as 3 Q. Who did you report to from '91 up until 4 the environmental superintendent in '88? 4 March of this year? 5 A. 1 was managing the environmental program 5 A. Mike Foresman. 6 at the plant. 6 Q. And who do you report to now? 7 Q. Was there any portion of that 7 A. Jeff Felder. 8 environmental program that dealt with 8 Q. So did Jeff Felder assume Mr. Foresman's 9 PCBs? 9 position? 10 A. By that time, of course -- 10 A. No. 11 Q. They had stopped making -- 11 Q. Or was it divided up? 12 A. -- the para-dichloro department had been 12 A. It was divided up differently and 13 stopped. 13 reorganized. 14 Q. How about dealing with the impact of the 14 Q. Tell me how it's organized presently. 15 PCBs on the environment in the Sauget 15 What exactly is your role, and what is 16 area? 16 Mr. Felder's role? 17 MR. COX: Object to the form. 17 A. Mr. Felder is Director of Environmental 18 Q. (By Ms. Malow) Did you have any 18 Safety and Health. 19 responsibilities, for example, for doing 19 Q. And you told me before, but give it to 20 any sort of fish studies or sediment 20 me again. 21 sampling or anything of that nature 21 A. Leader of remediation management group. 22 dealing with PCBs? 22 Q. Okay. So is he actually in -- Is 23 A. No. 23 Mr. Felder in a different group? Pages 33 - 36 HARTOLDMONO018974 Page 37 Page 39 1 A. No. 1 A. Tony Tuck, Larry Adams, Craig 2 Q. So the Director of Environmental Safety 2 Branchfield, Jerry Rinaldi, Mike House, 3 and Health is part of the remediation 3 Mike Light. 4 management group? 4 Q. Is that it? 5 A. Wrong way around. The remediation 5 A. That's right. That's it. 6 management group is part of 6 Q. You got them. All right. And 7 Environmental Safety and Health. 7 Mr. Branchfield would be the remediation 8 Q. Got it. And who does Mr. Felder report 8 manager for Anniston, correct? 9 to? 9 A. Yes. 10 A. Jerry Hayden. 10 Q. And prior to Mr. Branchfield it was Alan 11 Q. What is Mr. Hayden's position? 11 Faust? 12 A. Vice president of operations. 12 A. Yes. 13 Q. How many people do you oversee as the 13 Q. And why is it that Mr. Branchfield was 14 leader of the remediation management 14 placed in that role? What happened to 15 group? 15 Mr. Faust? 16 A. 1 have seven direct reports. 16 A. Mr. Faust relocated to the Krummrich 17 Q. Did Jo Hanson used to work -- previously 17 plant. 18 work in the remedial projects or 18 Q. So he's no longer considered part of the 19 remediation management group? Do you 19 remediation management team? 20 know Jo Hanson? 20 A. Correct. 21 A. Yes. 21 Q. And Mr. Branchfield, why was he selectee 22 Q. Was she in your group previously? 22 for Anniston? 23 A. She was not in my group. 23 A. 1 was not a part of that selection. 1 Q. 2 3 4 5 6 A. 7 Q. 8 9 A. 10 Q. 11 12 A. 13 14 15 16 17 18 19 Q. 20 21 A. 22 Q. 23 Page 38 Where were you -- Strike that. So Mr. Foresman retired, and you told me earlier you did assume some of Mr. Foresman's responsibilities, correct? Yes. What specific responsibilities of Mr. Foresman's do you now have? The remediation management. Why don't you tell the jury what remediation management means? We have a number of remediation projects throughout the country and the world. We have six remedial managers, seven including myself, who manage these projects for Solutia. And also some of the plant sites manage their own remediation projects. Who are the six? 1 thought you said there were seven direct reports to you? Administrative assistant. Who are the six remediation managers that report to you presently? 1 Q. 2 A. 3 4 Q. 5 6 A. 7 Q. 8 9 10 A. 11 12 13 14 15 Q. 16 17 18 19 20 A. 21 Q. 22 23 Page 40 So you don't know? 1 assume they considered him the best candidate for the job. But you don't have any personal knowledge? Correct. Now, what are your specific duties and responsibilities as the leader of the remediation management group? 1 still have project responsibilities at the Brio site, the Motco site, M-O-T-C-O, also Skinner landfill. Then 1 performed coordination functions for the group, for the remediation group. So you have specific projects that you're still managing, but then you also oversee or supervise the management by your six other managers; is that accurate? Yes. Of those three that you mentioned that you're still having project management responsibilities, Brio, Motco, and Pages 37 - 40 HARTOLDMONO018975 1 2 3 A. 4 Q. 5 6 A. 7 8 Q. 9 10 11 A. 12 Q. 13 14 15 16 17 18 A. 19 20 21 22 23 Page 41 Skinner, are any of those sites where PCBs are involved? Not to my knowledge. Can you tell me how many PCB sites Solutia is managing presently? 1 don't know. How do you define PCB site? Let's do it this way. We know that Anniston has PCBs as a contaminant, correct? Yes. 1 want to know any other site in the country that Solutia is involved in, whether it's exclusively or as one of many PRPs, in which PCBs are a contaminant that are being cleaned up or being looked at to be cleaned up. Well, certainly in Sauget there are. Let me back up. In Sauget there are two different areas that are being looked at under the Superfund law where PCBs are present, and then the plant site is being looked at under RCRA. 1 Q. 2 3 4 5 6 A. 7 8 9 Q. 10 11 12 13 A. 14 Q. 15 16 17 A. 18 19 20 Q. 21 A. 22 Q. 23 Page 43 (By Ms. Malow) Let's back up. Before you got this new position, were you only responsible for Brio, Motco, and Skinner, or did you have other sites within your areas of responsibility? 1 also had Bob's Home Service, a small site. 1 believe that was all of them, yes. So in fairness to you, you really haven't had direct responsibility for PCB sites being cleaned up until now, right? Correct. But now you are definitely managing Craig Branchfield, who is involved in the Anniston situation, right? Well, as of August 1 of this year Craig will be reporting functionally to Jeff Felder and administratively to me. Why is that? Primarily a workload issue. Did you ask for that, or did somebody else? 1 Q. 2 3 4 5 A. 6 7 Q. 8 A. 9 10 Q. 11 12 A. 13 Q. 14 15 16 17 18 19 20 A. 21 22 23 Page 42 And 1 want to get a list, and them I'm 1 A. going to go into some major detail on 2 each of them. Where else besides Sauget 3 Q. and Anniston? 4 First of all, I'm not familiar with all 5 A. the sites. 6 Q. Why not? Isn't that your job? 7 Well, 1 got the job in March of this 8 year. 9 So you are not up to speed yet on all of 10 A. them? 11 That's certainly true, yes. 12 But ultimately isn't it going to be your 13 responsibility, once you, you know, get 14 more entrenched in this new position, to 15 Q. know what each of the sites are that 16 Solutia is involved in in terms of 17 cleanup? 18 MR. COX: Object to the form. 19 Certainly not the specifics. Each 20 project manager is expected to manage 21 A. their own sites and know the day-to-day 22 issues. 23 Q. Page 44 No. 1 asked for some way to reduce the number of hours. Because you have got more than you can handle, right? Yes. How about the Sauget site? We touched on that briefly. Who would be the project manager with direct responsibility for the Sauget cleanup? The Sauget area one sites as defined by EPA is being managed by Mike Light. The plant efforts are being managed by Alan Faust. And then 1 manage the area two Sauget sites. Let's go ahead and get into a little more detail on that one. Then I'll come back to some more general questions. You said area one as defined by EPA. What exactly does area one consist of at Sauget? It consists of several former landfill sites as well as a creek. Is that Dead Creek? Pages 41 - 44 HARTOLDMONO018976 Page 45 Page 47 1 A. Yes. 1 were the ones that came up with the 2 Q. And the former landfill sites, does that 2 letter numeration for each landfill. 3 encompass that major Krummrich landfill 3 They also looked at the area two 4 that you had mentioned to me earlier? 4 landfill. And the stated the objective 5 A. No. 5 in the report was to try to get enough 6 Q. Which area does that fall on? 6 points, if you will, to get these sites 7 A. Two. 7 listed on the Superfund list according 8 Q. And that's your responsibility? 8 to Illinois EPA. 9 A. Yes. 9 Q. (By Ms. Malow) And was the site 10 Q. Well, let me get a little more detail 10 actually ranked as Superfund? 11 from you. What prompted this cleanup of 11 A. The Sauget area one was proposed. Area 12 Sauget? 12 two has not been proposed. 13 MR. COX: Object to the form. 13 Q. Okay. Is that still under 14 Q. (By Ms. Malow) How did that come about? 14 investigation, area two? 15 MR. COX: Same objection. 15 A. Yes. 16 Q. (By Ms. Malow) You can answer. 16 Q. What were the findings of these 17 A. The RCRA program, when it was 17 consultants of Illinois EPA in general? 18 promulgated, required land sites do a 18 A. They generated about an eight- to 19 number of activities. If you handle 19 ten-inch thick document which listed the 20 specific chemicals, you have to file 20 brief history of each landfill operation 21 different part A and part B type of 21 and also the chemical analysis of each 22 documents, which Monsanto did. And 22 test that they did. 23 that's basically how Monsanto got under 23 Q. Did they determine that PCBs had Page 46 Page 48 1 the RCRA program at the plant. The 1 migrated from the landfills into the -- 2 landfills probably came to light from -- 2 or off site? 3 Well, 1 don't know how they came to 3 A. As 1 recall, the report was not trying 4 light originally or who to. 4 to determine where anything particularly 5 Q. What do you mean by "came to light"? 5 came from or went to. It was basically 6 A. 1 guess I'm struggling with what your 6 a characterization report. 7 question is about. 7 Q. Well, is the Sauget -- Is Sauget -- It 8 Q. 1 mean something has prompted EPA to, 8 is Sauget, Illinois, right, and that's 9 you know, require that Monsanto or 9 where the Krummrich facility is located? 10 Solutia clean up its landfills. 10 A. Correct. 11 MR. COX: Object to the form. 11 Q. Do you sometimes call it the Sauget 12 Q. (By Ms. Malow) What was that? 12 plant as well as the Krummrich plant? 13 MR. COX: What she's asking, 1 13 A. Yes. 14 think, if 1 can help, is what 14 Q. Are they synonymous? 15 triggered the investigation 15 A. Within Solutia. 16 of area one and area two. 16 Q. If 1 say Sauget or Krummrich, it's the 17 MS. MALOW: That's a better 17 same thing? 18 question. Thanks, Buddy. 18 A. Correct. 19 A. The Illinois EPA initiated a study by a 19 Q. Okay. 20 consultant of area one back in the 20 A. That's the facilities in Sauget. 21 1980s. And these consultants took a 21 Q. But right now 1 want to deal with 22 number of samples of these former 22 Monsanto's or Solutia's facility, which 23 landfills. And in fact, the consultants 23 is the Krummrich plant, but you guys Pages 45 - 48 HARTOLDMONO018977 1 2 A. 3 Q. 4 5 6 Q. 7 8 A. 9 Q. 10 11 A. 12 13 Q. 14 15 16 17 A. 18 19 Q. 20 21 22 23 A. Page 49 also call it Sauget? Right. Is that Solutia facility in a neighborhood? MR. COX: Object to the form. (By Ms. Malow) Residential neighborhood? It's nearby. How close is the nearest resident from the Krummrich plant? 1 would estimate maybe two city blocks in distance. Has there been any off-site migration from the Krummrich facility into the residential neighborhood of Sauget? MR. COX: Object to the form. I'm not aware of off-site migration from Krummrich going into the neighborhood. (By Ms. Malow) Is there any off-site migration of PCBs from Krummrich into any water bodies? MR. COX: Object to the form. 1 can't make an assumption where the 1 A. 2 3 Q. 4 5 6 A. 7 Q. 8 A. 9 10 Q. 11 A. 12 Q. 13 A. 14 Q. 15 A. 16 17 18 19 Q. 20 21 A. 22 23 Q. Page 51 No. MR. COX: No. (By Ms. Malow) I'm sorry. 1 misunderstand. The main landfill at Krummrich would be area two, correct? It is one of the sites within area two. What else is encompassed by area two? Area two includes a former landfill operated by Leo Sauget. Who? Leo Sauget. Is that an individual? Yes. And his firm. All right. Also there is another site, designated site, which is the former sludge lagoons associated with the Sauget physical chemical plant. Monsanto's Sauget physical chemical plant? No. MR. COX: Uh-uh (indicating no). (By Ms. Malow) Let me ask it this way: Page 50 Page 52 1 PCBs come from, but there are PCBs in 1 Out of area two designated areas, which 2 Dead Creek. 2 of those areas are areas that Krummrich 3 Q. (By Ms. Malow) And has Monsanto or 3 -- that are part of the Krummrich plant 4 Solutia been identified as a PRP for the 4 site or responsibility? Let me restate 5 PCBs in Dead Creek? 5 that. That was very poorly phrased. 6 A. Yes. 6 Solutia or Monsanto, okay, you 7 Q. How much money has Monsanto and Solutia 7 said that they had used the main 8 spent to date for the cleanup of the 8 landfill which is part of area two, 9 Krummrich facility? 9 correct? 10 MR. COX: Object to the form. 10 A. Correct. 11 Q. (By Ms. Malow) Has Monsanto expended 11 Q. Did anyone else, any other company 12 any monies for cleanup or remediation at 12 dispose of anything in that main 13 the Sauget facility? 13 landfill which is part of area two other 14 A. That's such a broad question 1 really 14 than Monsanto or Solutia? 15 cannot answer it. 1 mean, you say 15 A. No. Not for site R, which is the 16 Sauget facility. Where are you talking, 16 landfill. 17 area one or area two or - 17 Q. Is there any other area or portion of 18 Q. I'm talking the whole thing, anything 18 area two other than site R that Solutia 19 that Monsanto or Solutia owns. 19 or Monsanto used to dispose of its 20 A. That we own? 20 waste? 21 Q. Okay. Is area one -- Area one 1 thought 21 A. Yes. 22 you had defined as former landfill sites 22 Q. What else? 23 of Monsanto. 23 A. Plant waste, plant trash, went to site Pages 49 - 52 HARTOLDMONO018978 Page 53 Page 55 1 Q. 1 went there, Monsanto's PCBs? 2 Q. Did any PCB waste go to site Q? 2 A. 1 don't know. There's PCBs in the 3 A. Not to my knowledge. 3 landfills. Monsanto used the landfills, 4 Q. Any other portions of area two where 4 as well as other industries. 5 Solutia or Monsanto disposed of any of 5 Q. All right. But Monsanto is the sole 6 its waste besides R and Q? 6 manufacturer of PCBs, correct, in the 7 A. Site P was a landfill -- a permit -- 7 United States? 8 Illinois EPA permitted landfill for 8 A. 1 have heard that. 9 plant trash, which was used by Monsanto 9 Q. Do you know that to be true? Do you 10 and others. 10 know that the only two places that they 11 Q. And others? 11 made it were in Sauget, Illinois, the 12 A. And others. 12 Krummrich plant, and in Anniston, 13 Q. Any other portions of area two that 13 Alabama? 14 Monsanto or Solutia used? 14 A. 1 believe it was imported, but, yes. 15 A. Site 0 is again the lagoons associated 15 Q. Okay. Now, these area one sites other 16 with the physical chemical waste water 16 than the two where there is some 17 treatment plant, which treated waste 17 evidence that Monsanto sent waste, is 18 water from all the industries -- 18 there any other portion of those area 19 Q. So it was intermixed? 19 one sites that Monsanto sent waste to? 20 A. -- which would include Monsanto's waste 20 MR. COX: Object to the form. 21 water along with all the other 21 A. Not to my knowledge. 22 industries. 22 Q. (By Ms. Malow) What are the two that 23 Q. Any other areas or portions of area two 23 you are thinking of? What are the Page 54 Page 56 1 that Solutia or Monsanto would have 1 designations of the two in area one that 2 waste in? 2 there's evidence that Monsanto sent its 3 A. The only other area site, to my 3 waste? You mentioned two. 4 knowledge, we are not associated with 4 A. H and 1. 5 the sites. 5 Q. And are those off-site landfills? 6 Q. Let's back up to area one. And you said 6 A. Yes. 7 that that includes former landfill 7 Q. How far away from the Krummrich facility 8 sites. Would any of those landfill 8 is H, landfill H? 9 sites -- Obviously there might be other 9 A. Maybe a half mile. 10 industries that sent their waste there, 10 Q. About how about 1? Where is that? 11 but did Solutia or Monsanto send any of 11 A. 1 is right next to it. 1 is adjacent. 12 its waste to these landfill sites which 12 H and 1 are together. 13 are part of area one? 13 Q. And they are both about half a mile; is 14 A. There's evidence that Monsanto sent 14 that what you said? 15 waste to at least two of those sites. 15 A. Roughly. 16 Q. And do you know which type of waste was 516 Q. And do you know from what years Monsanto 17 sent to those two sites? 17 sent waste to H and 1? 18 A. Not specifically. 18 A. It would have been prior to the 1958-59 19 Q. Do you know if PCBs were sent to either 19 time frame. 20 of those landfill sites that are part of 20 Q. And how long did Monsanto send waste to 21 area one? 21 sites P, R, and O from area two? 22 A. Not specifically. 22 MR. COX: P, R, and Q are the 23 Q. Do you know one way or another if PCBs 23 landfills. Pages 53 - 56 HARTOLDMONO018979 1 2 A. 3 4 5 6 7 8 9 10 11 12 Q. 13 14 15 16 17 18 A. 19 20 Q. 21 22 A. 23 Page 57 MS. MALOW: Okay. Site R operated from the late '50s, the '58-59 time frame, until the '70s. And it was actually closed as 1 recall in 1978. Site Q operated roughly the same time frame as site R, late '50s through the early '70s. Site P was permitted in the early '70s. 1 believe it operated to the mid '70s, maybe late '70s. (By Ms. Malow) Do off-site landfills H and 1 -- What type of landfills are those? Are they municipal landfills? Are they hazardous waste landfills? What type of waste can be sent there? MR. COX: Object to the form. Again, they operated in the '40s and '50s. (By Ms. Malow) So the waste streams were mixed? 1 would assume so, but 1 don't have personal knowledge of that. 1 2 A. 3 Q. 4 A. 5 6 Q. 7 8 9 10 11 12 13 14 A. 15 16 17 18 19 20 21 Q. 22 23 Page 59 MR. COX: Object to the form. Site R, yes. (By Ms. Malow) But not P and Q? Again, 1 don't know the definition of hazardous waste. I'm using today's definition. MR. COX: I'm not sure that's fair, Ellen. MS. MALOW: Well, that's the definition I'm using. MR. COX: You may not be able to answer the question using that definition. 1 really can't because hazardous waste by today's definition is either a list of waste or one of the characteristic wastes. 1 do not know specifically that any of those waste streams went to site Q or to site P. Site P was definitely a plant trash landfill. (By Ms. Malow) You also mentioned there was a third area that is being looked at. And that's the plant site area Page 58 Page 60 1 Q. Were those landfills lined? 1 itself, correct? 2 A. Not to my knowledge. 2 A. Yes. 3 Q. How about site R? Is that a lined 3 Q. Now, tell me what that encompasses. I'm 4 landfill? 4 assuming you mean the Krummrich plant 5 A. No. 5 site, right? 6 Q. How about site P? 6 A. Correct. 7 A. No. 7 Q. What does that encompass? 8 Q. Site Q? 8 A. It's been an ongoing RCRA process where 9 A. No. 9 groundwater has been sampled. The data 10 Q. Do you know if hazardous waste streams 10 has been turned over to Illinois EPA. 11 were mixed with nonhazardous waste 11 They have sought permits for various 12 streams in sites P, Q, and R? 12 pieces of equipment, working basically 13 MR. COX: Object to the form. 13 at this point with Region V EPA in 14 A. The definition of hazardous waste came 14 Chicago. 15 about in 1980 through the RCRA 15 Q. Okay. And that is the area Alan Faust 16 regulations. 16 is handling right now? 17 Q. (By Ms. Malow) But now? 17 A. Yes. 18 A. You can't match the terms. 18 Q. The groundwater, is it contaminated? 19 Q. But the bottom line is all those sites 19 MR. COX: Object to the form. 20 had what are now known as hazardous 20 A. It has constituents in it from the 21 waste mixed with nonhazardous waste, 21 Krummrich plant. 22 correct? 22 Q. (By Ms. Malow) Are there PCBs in that 23 A. No. 23 groundwater at Krummrich at any level? Pages 57 - 60 HARTOLDMONO018980 1 A. 2 3 Q. 4 5 A. 6 7 8 Q. 9 10 11 12 13 14 15 A. 16 Q. 17 18 19 A. 20 21 22 23 Page 61 Not in the filter samples to my knowledge. What are the constituents of concern in the groundwater at Krummrich? Benzene, chlorobenzine, nitrochlorobenzene, some of the higher levels. Now, 1 want to go back to that question about cost. Now that 1 kind of have a sense of what is involved, let's go through it one by one. How much money has Solutia and Monsanto spent to date on any cleanup of the plant site area? 1 don't have a total number. Do you have a ball park number, estimate? Are we talking millions, or are we talking hundreds of thousands? Well, the plant site has been there since the early 1900s. A lot of departments have been shut down over the last ten or fifteen years in particular. When departments are shut down typically 1 Q. 2 3 A. 4 5 Q. 6 A. 7 8 9 10 11 12 13 14 15 16 Q. 17 A. 18 19 Q. 20 21 22 A. 23 Q. Page 63 (By Ms. Malow) Do you know how much that cost? My guess would be a million dollars, but 1 really don't know. Okay. Or less. The -- in the mid '80s we installed some large rock along the Mississippi River to alleviate an erosion problem. The site is situated on the Mississippi River where it makes a turn, and there was some evidence of some erosion. So we worked with the agencies and got permission to put some rock to keep that water from eroding towards site R. Do you know how much that cost? 1 believe that was around a half million dollars. Has there been any dredging of any of the water bodies by Solutia or Monsanto in Sauget? No, not to my knowledge. Any other expenditures that relate to 1 2 3 4 5 6 Q. 7 8 9 A. 10 11 Q. 12 13 14 15 16 17 18 19 20 21 A. 22 23 Page 62 there may be some cleanup associated 1 with that, removal of soil if necessary. 2 There are a number of environmental 3 A. projects that are ongoing, air 4 pollution. 5 Q. Let me ask it this way: Is there 6 anything in relation to the plant site 7 A. area that involves PCB cleanup? 8 Q. The -- not other than what occurred when 9 it was dismantled. 10 And 1 don't really want to get into that 11 part. Let's skip over to area two, 12 which we know involves some specific 13 landfills where only Monsanto and 14 A. Solutia disposed of waste including 15 PCBs. Okay? Can you tell me how much 16 money has been spent so far by Monsanto 17 Q. and Solutia to clean up those areas 18 A. which are part of area two? 19 MR. COX: Object to the form. 20 Q. As 1 mentioned, site R, they installed a 21 two- to eight-foot engineered clay cover 22 A. back in the late '80s. 1 don't know -- 23 Page 64 PCB areas that were used by Monsanto or Solutia in area two? Well, what 1 was talking about was site R. Okay. Which was that two- to eight-foot engineered -Landfill for the entire facility. Do you know how much money Solutia or Monsanto has contributed to the cleanup of area one, understanding that there are other PRPs involved in that area, Monsanto's or Solutia's share of that cleanup expense to date? Area one, Monsanto or Solutia has been doing an RIFS under the direction of EPA as well as an EEIA. Total cost -Again, rough estimate? There's the study work that's going on, which has been several million dollars. Okay. And then has there been some actual cleanup? We are in the process of building a containment cell immediately adjacent to Pages 61 - 64 HARTOLDMONO018981 1 2 Q. 3 A. 4 5 6 Q. 7 8 A. 9 10 11 12 13 14 15 16 Q. 17 18 19 A. 20 21 Q. 22 23 A. Page 65 Dead Creek. Okay. What's the purpose of that? The purpose of that would be to move creek sediments from sector B and C, in particular, into that cell. And explain to me the structure of this containment cell. It is similar to a TOSCA type design, T-O-S-C-A, which has a number of different layers underneath it, like a gravel layer, a high-density polyethylene liner, a sand layer, and then another high-density polyethylene liner engineered by TOSCA landfill type design. And is there any other company that's contributing to the cost of the containment cell? No, although there is litigation associated with cost recovery. How much has been budgeted for that containment cell structure, roughly? Roughly, as 1 recall, 8 million, 10 1 A. 2 Q. 3 4 A. 5 6 7 8 9 10 11 12 Q. 13 14 A. 15 16 Q. 17 18 A. 19 Q. 20 21 A. 22 Q. 23 Page 67 No. For area two, what stage is that in now that you're still involved in? Area two, we have a PRP group that has been formed that has signed a consent decree -- I'm sorry. 1 guess it's an AOC 1 think with EPA to do the remedial investigation and feasibility study. And we are currently in the process of negotiating the work plan for the sampling. Who are Solutia's consultants or RIFS for area two? AMEC, A-M-E-C, is one of the consultants that the PRP group is using. Do you guys have your own separate from AMEC? No. So all the PRPs contribute to the cost of AMEC? Yes. How about the consultants that Monsanto or Solutia uses for the plant site 1 2 Q. 3 4 5 A. 6 Q. 7 A. 8 9 10 11 12 13 14 Q. 15 16 A. 17 Q. 18 A. 19 20 Q. 21 22 23 Page 66 million, in that ball park. 1 Have any residential properties been 2 purchased in the Sauget area by Monsantc 3 A. or Solutia? 4 Yes. 5 Q. What was the reason for that? 6 A. Essentially for access to the creek. 7 There's only been one or two property 8 Q. owner's residences purchased immediately 9 A. adjacent to basically the pond that's 10 immediately adjacent to Dead Creek. And 11 Q. some additional property was purchased 12 to build the cell. 13 Do you know how many properties in all 14 A. were purchased? 15 Q. Residential? 16 Yes. 17 A. 1 believe it's two. I'm not positive 18 Q. about that. 19 Has there been any sort of property 20 purchase program ever offered for 21 A. residents of Sauget by Monsanto or 22 Solutia similar to the one in Anniston? 23 Page 68 itself? Are there consultants for that area? Yes. They use different consultants for different things. How about for the groundwater issues? Gary Miller was a consultant that was used for a number of years. Uh-huh (indicating yes). 1 don't believe they are currently being used. How about for area one? Who are the consultants that are doing the RIFS for area one? Roux Associates, R-O-U-X. Do you know how many monitoring wells there are at the Krummrich facility? No. Do you know what type of hydrology there is at that site? Do you know anything about the hydrology there? It's primarily sand, essentially fine sand towards the top and coarser as you go down to bedrock. Bedrock is roughly Pages 65 - 68 HARTOLDMONO018982 Page 69 Page 71 1 one hundred -- forty to one hundred feet 1 MR. COX: They were all things 2 below ground surface. 2 that had been produced 3 MR. COX: Can we take a break? 3 before. 4 MS. MALOW: Sure. 4 Q. (By Ms. Malow) What types of documents 5 [A break was taken.] 5 did you guys have? 6 Q. (By Ms. Malow) 1 know you have given a 6 A. We didn't give him any. We just looked 7 deposition before and you're doing fine 7 at them. 8 so far, but 1 didn't cover a couple of 8 Q. What types of documents did you look at? 9 other basics when we started. You do 9 MR. COX: There was some 10 understand that you're under oath? 10 privileged that we'll provide 11 A. Yes. 11 you a log for. But 1 didn't 12 Q. And that the questions you answer are 12 have time to do it last 13 subject to penalties of perjury? 13 night. 14 A. Yes. 14 Q. (By Ms. Malow) Any nonprivileged stuff? 15 Q. And you also agree that if you don't 15 A. Monthly reports, some budget sheets. 16 understand any of my questions, you'll 16 Q. And you didn't review any depositions 17 tell me that? 17 that had been given in this case? 18 A. Yes. 18 A. No. 19 Q. Have you been doing that at times when 19 Q. All right. Going back to the Krummrich 20 you haven't understood my question so 20 plant, to your knowledge have PCBs ever 21 far? 21 been incinerated at Krummrich? 22 A. 1 believe so. 22 A. Yes. 23 Q. Have you answered any question that yoi123 Q. During what time frame? 1 2 A. 3 Q. 4 5 6 7 8 A. 9 Q. 10 11 12 Q. 13 14 15 16 17 A. 18 Q. 19 20 21 22 A. 23 Page 70 did not understand? 1 don't believe so. If at any time you need to take a break, let me know that and we'll do that. Okay? Did you review any documents in order to get ready for your deposition? No. Didn't look at a single scrap of paper? MR. COX: 1 showed him the deposition notice. (By Ms. Malow) I'll go ahead for purposes of the record hand you what's been marked as Exhibit One. Is that the document that Buddy has shown you? MR. COX: That's the renotice. Yes. (By Ms. Malow) And before we started Mr. Cox told us that you didn't have any documents to bring to your deposition. Is that correct? Yes. 1 actually gave Mr. Cox what few documents 1 had. 1 A. 2 Q. 3 A. 4 5 Q. 6 7 A. 8 Q. 9 10 A. 11 Q. 12 13 A. 14 15 Q. 16 17 A. 18 Q. 19 20 21 A. 22 23 Page 72 1 don't know the exact time frame. Do you know how many years? No. 1 believe it was shut down in the '70s. Do you know if any PCBs from Anniston were sent to Krummrich for incineration? 1 don't know. Do you know the volume of PCBs that were incinerated at Krummrich? No. Do you know why it is that PCBs were not incinerated at Anniston? No. MR. COX: Object to the form. (By Ms. Malow) Do you know if PCBs were ever incinerated at Anniston? 1 don't know if they were or not. The PCBs that you know of that were incinerated at Krummrich, were those solid, liquid, or both? My understanding, liquids were incinerated. 1 don't know about the solids. Pages 69 - 72 HARTOLDMONO018983 1 Q. 2 3 4 A. 5 6 Q. 7 8 9 A. 10 11 Q. 12 13 A. 14 Q. 15 16 17 18 19 A. 20 Q. 21 22 A. 23 Q. Page 73 Do you know if there is capability to 1 Q. incinerate solid PCBs? 2 MR. COX: Object to the form. 3 1 don't know if there was at that time 4 or not. 5 (By Ms. Malow) Do you know if presently 6 there's such capability? 7 MR. COX: Same objection. 8 Are you referring to third-party 9 incinerators? 10 A. (By Ms. Malow) By any type of 11 incinerator. 12 Q. Yes, 1 believe. 13 Okay. 1 may have already asked this. 14 If 1 did 1 apologize. But do you know 15 the total quantities of PCBs that were 16 A. disposed of at the Krummrich facility 17 either on site or off site? 18 No. 19 Who would be the best person to ask that 20 Q. question? 21 1 don't know. 22 A. Do you know the levels of the PCBs that 23 Q. Page 75 The excavated soils and sediments from Dead Creek that are being placed in that on-site containment cell, do you know what the volume is that's going to the on-site containment cell? MS. MALOW: Can you read it back, Sheila? [Requested portion of record read.] As 1 recall, the design volume is fifty thousand cubic yards. And why is it that the sediments and soils from Dead Creek are going into an on-site containment cell rather than being sent to someplace like Emelle? This was an agreement with USEPA and IEPA, under their direction with our cooperation to build the cell to put the sediments in. Who proposed the on-site containment cell? Was that Solutia? Yes. Is there going to be any waste from any 1 2 3 A. 4 Q. 5 6 7 A. 8 9 10 11 12 Q. 13 14 15 A. 16 Q. 17 18 A. 19 Q. 20 A. 21 Q. 22 23 A. Page 74 were detected in the sediments of Dead Creek? 1 know some of the levels. What are some of the levels in the Dead Creek sediments? What's the highest level? Well, 1 don't know if 1 can give you the highest of all the data. The highest 1 remember was about five hundred parts per million at the north end of sector B. Do you know if there have been any detections of PCBs in the fish in any of the water bodies in the Sauget area? 1 don't know. Is there a fish advisory in place near Sauget? 1 believe there is for chlordane. Pardon me? For chlordane is my understanding. Do you know how long that fish advisory has been in place for chlordane? No, 1 don't. 1 2 3 4 A. 5 Q. 6 7 8 9 10 A. 11 Q. 12 13 14 A. 15 16 Q. 17 18 19 20 A. 21 Q. 22 23 A. Page 76 location other than Dead Creek that is placed into that on-site containment cell? 1 don't believe so. To what level is Dead Creek going to be cleaned up in terms of PCB levels? Is it going to be taken down to non-detect or one ppm? What is it? MR. COX: Object to the form. That has not been decided. (By Ms. Malow) What level has Solutia requested it be allowed to clean up Dead Creek to? 1 don't believe that's been decided yet either. Have you been involved in any discussions regarding what levels Solutia would like to be set in terms of the Dead Creek area? No. Do you have any recommendation that you would make as a remediation manager? No. It should be based on risk Pages 73 - 76 HARTOLDMON0018984 1 2 Q. 3 4 5 A. 6 Q. 7 A. 8 Q. 9 10 A. 11 12 Q. 13 14 15 A. 16 Q. 17 18 19 A. 20 21 22 23 Page 77 assessment. 1 Q. Are there any air monitoring devices at 2 the Krummrich plant to detect PCBs in 3 A. the air? 4 Q. No. 5 A. Why not? 6 Q. None is expected. 7 Are you aware that PCBs can volatilize? 8 MR. COX: Object to the form. 9 1 would think they volatilize under 10 certain conditions. 11 (By Ms. Malow) Do you know what the 12 A. levels of PCBs are in the air near the 13 Krummrich facility? 14 No. 15 The on-site containment facility, is 16 that going to be a final measure, or is 17 that an interim measure? 18 Q. That's actually under the CERCLA 19 A. program. 1 believe EPA considers it an 20 Q. emergency removal action or maybe a 21 A. non-time-critical removal action. 1 22 Q. don't know exactly the name. 23 Page 79 Has there been any mercury found in the sediments of Dead Creek? 1 believe there was but 1 don't know. Do you know the levels? No, 1 don't. Have there been -- Well, is mercury part of any of the on-site or off-site investigations being performed by Solutia? MR. COX: At Krummrich? MS. MALOW: Yes. The RIFS for both areas include wide scans of all metals, essentially all semi-volatile organics, volatile organics, pesticides, herbicides, mercury. So the study itself isn't looking for -(By Ms. Malow) A broad range? Just about any chemical you can name. So lead would be included? Yes. All right. Let's talk about some of these other sites. Maybe from what you 1 Q. 2 3 A. 4 Q. 5 6 7 8 A. 9 Q. 10 11 A. 12 13 Q. 14 15 A. 16 Q. 17 18 19 A. 20 21 Q. 22 A. 23 Page 78 Was mercury used at the Krummrich facility? Yes. Do you know what quantity of mercury was used at Krummrich during the manufacturing process of PCBs? MR. COX: Object to the form. No. (By Ms. Malow) What was the mercury used for at Krummrich? Primarily for the chloralkylide facility. Was mercury used in the production of chlorine? Yes. Was any mercury deposited in the landfills at the Krummrich facility in area two? 1 don't recall offhand what the mercury levels on site are. But there is some mercury there? 1 can't testify whether there is or isn't. 1 2 3 4 5 6 7 8 9 10 A. 11 Q. 12 13 14 A. 15 Q. 16 17 18 19 20 21 Q. 22 A. 23 Q. Page 80 told me, since you're new to this position, you don't have any knowledge, but 1 want to go through them anyway and you tell me what you know. Buddy was nice enough to send us a letter that details out some PCB cleanup sites other than the Sauget site. 1 want to just go through each of those with you and see what you know. Okay. The first one is the Delaware River plant in Bridgeport, New Jersey. Are you familiar at all with that site? 1 have been to the site. Okay. MR. COX: 1 think what she's asking specifically is are you familiar with PCB cleanup associated with that site. THE WITNESS: No. (By Ms. Malow) Not at all? No. Let me ask you this: Do you know if the Pages 77 - 80 HARTOLDMONO018985 1 2 3 A. 4 5 Q. 6 A. 7 Q. 8 9 10 A. 11 Q. 12 13 14 15 16 A. 17 Q. 18 19 20 21 22 23 Page 81 Delaware River plant is located near a residential neighborhood? 1 don't remember residents near the plant. It's been a long time. When were you there? Probably twenty plus years ago. What was manufactured at the Delaware -or what is manufactured at the Delaware River plant? It'll come to me. Well, you know, let me ask you this, because that's not that important. Do you know why PCBs would have been disposed of at the Delaware River plant? MR. COX: Object to the form. No, nor do 1 know that they were. (By Ms. Malow) Well, assume with me that you know that Mr. Cox has told us that there was a past disposal area that consists of a three point five acre landfill used from '62 to '70 that were areas where various organic materials including PCBs were disposed of. Do you 1 Q. 2 A. 3 4 Q. 5 6 7 8 A. 9 10 Q. 11 12 13 A. 14 15 16 Q. 17 18 19 A. 20 21 Q. 22 23 Page 83 What's his position? 1 don't know the exact title, but he would be involved with environmental. How do y'all decide within the company whether a cleanup gets handled primarily by your group out of St. Louis or by the plant site itself? Typically the larger plants handle on-site remediation efforts. Is there oversight, though, by your department even when the plant itself is handling the on-site remediation? It depends on the site. In some cases I'd certainly not call it oversight, more communication. But they would be in the loop? Your department would be in the loop to some extent on any remediation work, right? On most remediation sites within the United States. What about this Delaware River plant? Even though it's being handled on site, to what extent if any is your department 1 2 A. 3 Q. 4 5 6 A. 7 Q. 8 9 10 11 A. 12 Q. 13 14 15 16 17 A. 18 19 Q. 20 21 A. 22 Q. 23 A. Page 82 have any knowledge of that? No. Do you have any understanding of why PCBs would have been disposed of in a landfill at the Delaware River plant? No. Who has the most knowledge within Solutia about the Delaware River plant and specifically the disposal of PCBs at that site in your group? 1 believe Mike House. Is Mike House presently responsible for the Delaware River plant cleanup that's being addressed under a consent order with the Department of Environmental Protection? 1 believe the plant site is managing that project. And who at the plant site would be responsible for that project? 1 believe Ed Jamro. Is he the plant manager? No. 1 2 A. 3 4 Q. 5 6 7 8 9 10 11 A. 12 13 Q. 14 15 16 A. 17 18 19 20 Q. 21 22 23 Page 84 involved? 1 believe the involvement is more providing technical advice. Speaking of technical advice, 1 forgot to ask you earlier when we were talking about of your background. Have you had any sort of training in remediation, either on-the-job training or actual seminars or things of that nature, courses? Well, the master's program was essentially all environmental courses. And since school what type of training or courses have you been involved in for remediation? 1 have been to a few seminars over the years, mostly seminars discussing like the RCRA program, the Superfund program, discussing various regulations. Okay. What sort of technical resources does your group provide to the plant sites, for example this Delaware River plant, on the cleanup project? Can you Pages 81 - 84 HARTOLDMONO018986 1 2 A. 3 Q. 4 5 6 7 A. 8 9 10 Q. 11 12 A. 13 Q. 14 15 16 17 18 19 A. 20 Q. 21 22 23 A. Page 85 give me an example? 1 don't know the specifics. But Mike House, who is in St. Louis, would have the most knowledge as far as you know about the Delaware River plant cleanup? 1 believe the environmental lead at the plant site would have the most knowledge. But out your department the person with the most knowledge would be Mr. House? 1 believe so. Then let's go to the next one, which is -- Let me back up. If 1 ask you questions such as, you know, how many PCBs were deposited in that past disposal area at the Delaware River plant, you can't answer that? No. All right. Do you know what type of landfill they had there at the Delaware River plant? No. 1 A. 2 Q. 3 4 A. 5 Q. 6 A. 7 8 9 Q. 10 A. 11 Q. 12 13 A. 14 Q. 15 16 A. 17 Q. 18 19 A. 20 Q. 21 A. 22 Q. 23 Page 87 Yes. Do you know who the lead would be on that at the Trenton plant? Possibly Marie VanHock. What's her position? She's in environmental. She has an environmental position. 1 don't know her exact title. At the site? At the Trenton facility. How big is the Trenton facility? How many people does it employ? 1 don't know. How about the Delaware facility? Do you know how many people worked there? No. Do you know if the Trenton plant is located near a residential neighborhood? 1 don't know. Because you have never been there? Never been there. Fair enough. How about the Pensacola plant in Pensacola, Florida? Have you Page 86 Page 88 1 Q. How about the Trenton plant in Trenton, 1 been there? 2 Michigan? Are you familiar with that 2 A. No. 3 plant? 3 Q. Do you have any knowledge about the 4 A. 1 have never been to the plant. 4 surface impoundment feed pond that's 5 Q. Okay. Are you familiar at all with the 5 been closed where PCBs were removed? 6 fact that there were approximately forty 6 A. 1 know that work is underway. 7 cubic yards of PCB-impacted soil that 7 Q. What is your knowledge of that work? 8 were disposed of at the chemical waste 8 A. My understanding is that we're creating 9 management facility in Emelle, Alabama? 9 a containment cell immediately adjacent 10 A. No. 10 to that feed pond. The materials in the 11 Q. Who within your department in St. Louis 11 feed pond are being dried and placed 12 would have knowledge about that removal 12 into that cell. 13 of PCB-contaminated soil at the Trenton 13 Q. Do you know how those PCBs -- or what 14 plant? 14 the sources of those PCBs that are being 15 A. First of all, 1 don't know if anybody 15 removed from the feed pond? 16 within my group knows that. 16 A. No. 17 Q. There's no one earmarked in your group 17 Q. Can you describe the containment cell 18 to be involved in that specific project 18 that's being built at that site? 19 at the Trenton plant that you know of? 19 A. It's my understanding it's a similar 20 A. Certainly not that specific project. 20 design as what is being built at Sauget. 21 Q. Do you think that specific project is 21 Q. Do you know what prompted the 22 being handled by the Trenton plant 22 investigation of that area in Pensacola? 23 itself? 23 A. No. Pages 85 - 88 HARTOLDMONO018987 1 Q. 2 3 4 5 6 A. 7 Q. 8 9 10 A. 11 12 13 Q. 14 15 16 A. 17 Q. 18 19 20 A. 21 Q. 22 23 Page 89 My understanding, based on Buddy's 1 Q. letter, is that it's being done under 2 the direction of EPA and the Florida 3 Department of Environmental Protection. 4 A. Is that your understanding? 5 Yes. 6 Q. Do you know how many or what the volume 7 is of PCBs that are going to be moved to 8 A. that containment cell? 9 Q. My understanding is it's a similar size 10 as the Sauget cell, but 1 don't know the 11 design volume. 12 A. Who has the most knowledge about the 13 Q. that cleanup effort at the Pennsylvania 14 plant? 15 Within my group? 16 Let's start with that. Is there someone 17 A. within your group that is overseeing 18 that? 19 Q. Yes. Jerry Rinaldi. 20 And is the plant site itself, the 21 A. Pensacola plant itself, also involved in 22 Q. that project? 23 Page 91 Do you know the levels of PCBs that have been found in the sludge and liner soils at the Pensacola plant? No. In fact 1 do not know that PCBs have been found. Again, I'm going off Buddy's information to us. 1 understand. All right. But you don't have the specifics about levels or volumes, things of that nature at Pensacola? No. Do you know why it is that the waste is going to be deposited in this on-site containment cell rather than being sent to a facility such as Emelle? 1 do not know the history of that decision. Do you know if there are any other PRPs involved in that cleanup at Pensacola? 1 don't believe there is. Do you know if the fish in the area around the Pensacola plant have been 1 A. 2 Q. 3 4 A. 5 Q. 6 7 A. 8 9 Q. 10 A. 11 Q. 12 13 A. 14 15 Q. 16 17 A. 18 Q. 19 20 A. 21 Q. 22 23 A. Page 90 Yes. Who's the contact or the person in charge of the plant site? Last name's McLeod. When did this project begin in Pensacola? Do you know? 1 believe the cell construction began within the last year. When is it estimated to be completed? By the end of this year. Do you know the total cost of that project, budgeted cost? 1 believe it's around the 8 to 10 million dollar range also. Do you know if the Pensacola plant is located near a residential neighborhood? 1 don't know. Do you know what was manufactured at that plant? Mostly nylon. But you don't know how they got PCBs there? No. 1 2 A. 3 Q. 4 5 6 7 A. 8 Q. 9 10 11 12 13 14 A. 15 Q. 16 17 18 19 A. 20 Q. 21 22 23 A. Page 92 impacted by PCBs? No. All right. Let's go to one you may have more knowledge about, which is the Queeny plant. Do you have knowledge about the Queeny plant? Some limited knowledge. Specifically do you know that the Queeny plant disposed of approximately forty cubic yards of PCB-contaminated soils that were generated during the replacement of some railroad tracks? Are you aware of that? No, not specifically. Who within your group, if anybody, would know about the removal of those PCB-contaminated soils at the Queeny plant? If anyone, Mike House. Do you know whether the Queeny plant themselves are handling or handled those PCB-contaminated soils? 1 don't know. Pages 89 - 92 HARTOLDMONO018988 1 Q. 2 3 4 A. 5 6 Q. 7 8 A. 9 Q. 10 11 A. 12 13 14 15 16 17 18 19 Q. 20 21 A. 22 Q. 23 A. Page 93 Who would be the best person to answer 1 Q. that question? Do you think Mr. Felder 2 knows? 3 1 would doubt it. Mike House may know 4 that question -- may know the answer. 5 Okay. Have you been to the Queeny plant 6 A. before? 7 Yes. 8 Q. Is it located near a residential 9 neighborhood? 10 A. It's more commercial around the Queeny 11 Q. plant. There are some residents 12 A. probably -- 13 Q. MR. COX: How far is it from here? 14 THE WITNESS: It's close to here. 15 A. There are probably residents 16 Q. eight to ten blocks away, 17 something like that. 18 (By Ms. Malow) Do you know what is 19 A. manufactured at the Queeny plant? 20 Q. Well, there's been a number of things -- 21 How about presently? 22 A. -- over the years. Now 1 believe they 23 Q. Page 95 Do you know if there's anyone within your group that has responsibility for the remedial activities associated with PCBs that have been undertaken at the Everett plant? Well, at this time Jerry Rinaldi, the manager. Is there someone at the site itself that's also involved in those projects? Everett 1 believe shut down. Do you know what year? No. Do you know if they have ever manufactured PCBs there? 1 don't believe they did. So if 1 asked you questions about the cost of those projects, you don't have knowledge of that, do you? No. Do you have any knowledge of the type a caps that were used there? No. Or any specifics about the cleanup 1 2 3 Q. 4 5 A. 6 Q. 7 8 9 10 A. 11 Q. 12 13 14 A. 15 Q. 16 17 18 A. 19 Q. 20 21 22 23 A. Page 94 perform some manufacturing such as Skydrol, 1 believe. Do you know how PCB-contaminated soils were generated at the Queeny plant? No. Do you know anything about this replacement of railroad tracks and how it is that that generated PCB-contaminated soil? No, 1 do not. Okay. And you don't know specifics on levels or volumes or things of that nature there either? No. All right. Well, let's move on to the Everett plant in Everett, Massachusetts. Have you been to that facility? No. Are you aware of the fact that there are three areas of that facility that have undergone remedial activities associated with PCBs? Not specifically. 1 2 A. 3 Q. 4 5 6 7 8 9 10 11 12 13 14 15 A. 16 17 18 Q. 19 A. 20 Q. 21 A. 22 Q. 23 Page 96 related to the PCB issues, correct? Correct. Okay. 1 want to back up. 1 forgot to ask you something when 1 was talking about Sauget. We talked about the fact there were a couple of residential houses that were purchased along the creek so that you guys could build this containment cell. And you had asked me am 1 asking residential or commercial. Now I'm going to ask you have there been any commercial properties that were purchased at Sauget to do any cleanup work? There were essentially fields purchased for the containment cell that was being built. Do you know the cost of that? There was -- No. It's not significant. Six figures or less? Yes. Any buildings or commercial entities that had been bought out in Sauget? Pages 93 - 96 HARTOLDMONO018989 Page 97 Page 99 1 A. No. I'm not aware of any. 1 water sampling. 2 Q. Let's move on to the Kearny plant in 2 Q. And what is your knowledge of why it is 3 Kearny, New Jersey. Have you been 3 that Solutia took back that property or 4 there? 4 Monsanto took back that property from 5 A. No. 5 Alabama Power Company? 6 Q. Do you have any knowledge about the 6 A. 1 don't know the history. 7 three areas of that plant property that 7 Q. Well, do you know that Alabama Power 8 were identified for remedial action for 8 Company discovered extremely high levels 9 presence of PCBs? 9 of PCBs at the west end landfill? 10 A. No. 10 MR. COX: Object to the form. 11 Q. Is there anyone within your group that 11 A. 1 have heard they discovered PCBs. 12 has knowledge of that cleanup work 12 Q. (By Ms. Malow) Do you know what the 13 related to PCBs at the Kearny plant? 13 levels were? 14 A. 1 believe that was done a long time ago. 14 A. No. 15 Q. So you have no specific knowledge of 15 Q. The surface sampling that was going to 16 levels of PCBs, quantity of PCBs, types 16 be done after you guys received the 17 of capping, or anything of that nature 17 property back, were you involved in 18 at Kearny? 18 receiving the results of those surface 19 A. No. 19 samples or hearing about the results of 20 Q. All right. 1 think we have covered 20 those surface samples? 21 Krummrich. 1 may have to dig some more, 21 MR. COX: Object to the form. 22 but for now we'll move on. 22 A. Not that 1 recall. 23 Have you ever been to the Anniston 23 Q. (By Ms. Malow) Was there some cleanup Page 98 Page 100 1 site? 1 work done at the west end landfill by 2 A. Yes. 2 Monsanto or Solutia? 3 Q. How many times? 3 A. 1 believe there was. 4 A. Two or three. 4 Q. Do you know what the details of that 5 Q. When is the first time you went to 5 were? 6 Anniston? 6 A. No. 7 A. 1 was there one time probably like late 7 Q. So what exactly was your role? You went 8 '93 or early '94 time frame. 8 there and did what? 9 Q. What was the purpose of that visit? 9 A. Well, at that point 1 had a number of 10 A. 1 was there to look at the west end 10 projects. This was just one. 11 landfill. 11 Q. Let's limit it to this project. What 12 Q. Was that shortly after the time that the 12 role did you have if any on the west end 13 Alabama Power Company discovered pure 13 landfill project? 14 PCBs on the west end landfill? 14 A. On April 1, 1994, 1 took over the Motco 15 MR. COX: Object to the form. 15 and Brio sites from an individual that 16 A. 1 don't know that they discovered PCBs. 16 retired. So essentially in March of '94 17 Q. (By Ms. Malow) Okay. What was your 17 my list of sites were handed off to 18 purpose in going to the Anniston site in 18 others, and 1 essentially became full 19 '93 or '94 to look at the west end 19 time on the Brio and Motco facilities. 20 landfill? 20 Q. But prior to you taking over the Motco 21 A. As 1 recall, we had received the 21 and Brio sites what involvement did you 22 property back from the utility company. 22 have with respect to the west end 23 1 think we were planning some surface 23 landfill in Anniston? Pages 97-100 HARTOLDMONO018990 1 A. 2 3 4 5 6 7 8 9 Q. 10 11 12 A. 13 Q. 14 15 A. 16 17 Q. 18 A. 19 Q. 20 A. 21 Q. 22 A. 23 Q. Page 101 The only thing 1 remember was going there. We received the property back. 1 think Jo Hanson was putting together a sampling plan. And basically when my new assignment became involved or 1 got involved in the new assignment, 1 pretty much lost all contact with anything being done in Anniston. Okay. Did you actually physically go onto the west end landfill area when you were there in '93 and '94? Yes. Do you know who else was with you on that trip? 1 believe we met Robert Jones from the plant. 1 don't recall who was with me. Was Jo Hanson with you? May have been. How about Mr. Foresman? No, he was not. But he was your boss at that time? Yes. As we sit here now do you know how much 1 2 A. 3 4 Q. 5 A. 6 Q. 7 8 9 A. 10 Q. 11 A. 12 Q. 13 A. 14 Q. 15 16 17 A. 18 Q. 19 20 21 A. 22 23 Q. Page 103 yourself? As 1 recall, Jeff Felder and 1 went down, met Craig Branchfield. How long were you in Anniston? Essentially one day. Did you actually go onto any of the landfill areas when you were there in February of this year? We drove by the landfill areas. Did you drive by the southern landfill? Yes. And the west end landfill? Yes. But most of the day was spent actually at the plant site itself with Mr. Branchfield? Yes. What was the purpose of that meeting with Mr. Branchfield and yourself and Mr. Felder? It was basically to educate Jeff and 1 on various projects that were going on. And based on that meeting what is your Page 102 Page 104 1 money changed hands in terms of getting 1 understanding of the projects going on 2 that property back from the Alabama 2 in Anniston? 3 Power Company? 3 A. Well, there's a number of projects going 4 A. As 1 recall they paid us money. 1 don't 4 on. RCRA program, also working with EPA 5 remember the amount. 5 on some AOC agreements. 6 Q. Do you know why they paid you guys money 6 Q. Did you get into any specifics with 7 to take the property off their hands? 7 Mr. Branchfield regarding the 8 A. No. 8 contamination of the water bodies such 9 Q. Did Monsanto share with its neighbors at 9 as Snow Creek, Choccolocco Creek, and 10 the time in 1993 what the levels were 10 Lake Logan Martin? Was that part of 11 found at the west end landfill site? 11 your discussion? 12 MR. COX: Object to the form. 12 A. We drove by Snow Creek. It was just 13 A. 1 don't know. 13 education of both us who were brand new 14 Q. (By Ms. Malow) All right. You said you 14 to the site and what was going on. 15 had been to the Anniston site two or 15 Q. Any other areas that you viewed when you 16 three times, and we have just covered 16 were there in February of 2001? Did you 17 the time in '93 or '94. What are the 17 go to any of the residential properties? 18 other times that you have been to 18 A. We just drove by on the main highway 19 Anniston? 19 there. 20 A. The next time 1 was there 1 believe was 20 Q. 202? 21 February of this year, when 1 found out 21 A. Yes, 202. And obviously going down Snow 22 the new assignment. 22 Creek you pass a lot of residential and 23 Q. Who all went to Anniston besides 23 commercial establishments. Pages 101 -104 HARTOLDMONO018991 Page 105 Page 107 1 Q. Did you have any meetings with anybody 1 Q. That was two questions. So BBL data is 2 other than Mr. Branchfield when you were 2 what you looked at on the fish? 3 there in February of 2001? 3 A. I'll take that back. I'm not exactly 4 A. Primarily Craig. 1 imagine --1 think 4 sure who did fish data. 5 Jerry Hopper stopped by and said hi. 5 Q. Do you know what year it was done? 6 Q. Did you have any meetings with any 6 A. As 1 recall it was from several years. 7 lawyers when you were there in February 7 Q. Are we talking about the '70s or the 8 of 2001 ? 1 don't want to know what you 8 '90s or more recent? 9 talked about. 1 just want to know if 9 A. The only thing 1 remember is basically a 10 there were any lawyers involved in that 10 chart showing fish data by the years 11 trip. 11 showing concentration decreasing. 12 MR. COX: His lawyers were 12 Q. Okay. 13 preoccupied at the time. 13 A. 1 don't recall what the concentrations 14 A. Not that 1 recall. 14 were. 15 Q. (By Ms. Malow) How about EPA? Did you 15 Q. Where were you when you saw that chart? 16 go and visit with any EPA officials 16 A. At Anniston. 17 during that trip in February? 17 Q. Was that in this February visit? 18 A. No. 18 A. No. 19 Q. How about anyone with ADEM? 19 Q. That was at a visit we haven't gotten to 20 A. No. 20 yet? 21 Q. Have you ever had any conversations with 21 A. Yes. 22 anybody at EPA about the Anniston site? 22 Q. We'll get to that in a minute. Okay. 23 A. No. 23 Have you seen any of the sediment data 1 Q. 2 3 4 A. 5 Q. 6 7 8 9 A. 10 Q. 11 12 13 A. 14 Q. 15 16 A. 17 Q. 18 19 A. 20 21 Q. 22 23 A. Page 106 Have you ever had any conversations with anyone with ADEM about the Anniston site? No. Have you ever had any conversations with anybody who worked for the Alabama Department of Public Health about the Anniston site? No. Have you read any of the health consultations prepared regarding the Anniston site? No. Have you seen any of the fish data regarding the Anniston site by ADEM? No. Have you seen any fish data whatsoever about the Anniston site? 1 have seen some fish data that was put together by our consultant. Do you know what year that was done? Was that by BBL? 1 believe it was. 1 2 A. 3 Q. 4 5 A. 6 7 8 Q. 9 10 A. 11 Q. 12 13 A. 14 Q. 15 A. 16 17 18 19 Q. 20 21 22 23 Page 108 for the Anniston site? Not that 1 recall. Have you seen any of the air monitoring data for the Anniston site? 1 saw a report that Bob Kaley submitted to ADEM. 1 did not look at it. 1 saw the report. What was the reason that that would have been something you saw? It was just circulated. And you were just on the distribution list? (Witness nods head affirmatively.) Correct? Yes. MR. COX: You do need to answer out loud. That's the first time you did it. (By Ms. Malow) Did you get the sense when you left this meeting -- Strike that. After this meeting with Mr. Branchfield in February of 2001 did Pages 105-108 HARTOLDMONO018992 Page 109 Page 111 1 you feel like you had an understanding 1 A. Yes. 2 of what the extent is of the 2 Q. Who? 3 contamination at the Anniston plant? 3 A. Some with -- 4 MR. COX: Object to the form. 4 Q. Some colleague of Mr. Cox? 5 A. No. 1 think it was just an initial look 5 A. Yes. 6 at the broad picture. 6 Q. Was it Adam Peck? Does that ring a 7 Q. (By Ms. Malow) Well, what was your 7 bell? 8 sense after you got this initial look at 8 MR. COX: 1 think it was Adam. 9 the broad picture of the extent of the 9 A. 1 believe so. 10 contamination in Anniston? 10 Q. (By Ms. Malow) Was it just one lawyer 11 MR. COX: Object to the form. 11 with really dark hair? 12 A. What do you mean, what was my sense? 12 A. 1 believe so. 13 Q. (By Ms. Malow) What did you conclude 13 Q. What was the purpose of this trip in 14 based on your meeting with 14 March or April of this year? 15 Mr. Branchfield about the extent of 15 A. It was a status review of the project, 16 contamination in Anniston? 16 various pieces of the project. 17 MR. COX: Object to the form. 17 Q. When you say the project, what project 18 A. 1 guess 1 concluded that we were working 18 are you referring to? 19 with the state and federal regulators on 19 A. Anniston project. 20 a program to do sampling to determine 20 Q. Specifically are you dealing with air, 21 the extent of any PCBs in Snow Creek. 21 soil, fish, all of the above? I'm 22 Q. (By Ms. Malow) Did you have any 22 trying to get a sense of what project 23 conversations with Mr. Branchfield in 23 you're talking about. There's a lot of 1 2 A. 3 Q. 4 A. 5 Q. 6 7 8 A. 9 Q. 10 A. 11 Q. 12 13 A. 14 Q. 15 A. 16 Q. 17 A. 18 Q. 19 A. 20 Q. 21 A. 22 Q. 23 Page 110 that February meeting about mercury? No. Any conversations about lead? Not that 1 remember. Okay. You said there was a third trip to Anniston. 1 guess that would have been after February 2001? Yes. When was that, approximately? March or April of this year. Who went on that visit? Did Mr. Felder go again? Yes. Anyone else? Not from St. Louis. Who was there from Anniston? Craig Branchfield. Anyone else? A number of consultants were there. From which firms? 1 believe Golder and BBL. Were any lawyers present for that meeting? Page 112 1 different projects. 2 A. Well, it was basically an overview of 3 all the major pieces of work that's 4 going on, the status. 5 Q. And what was the status at that time? 6 At what stage are things in or were in 7 in April of this year? 8 A. Again, there were a number of projects. 9 Oxford Park was one of them that 1 10 believe was either planned or had been 11 just initiated. 12 Q. Do you have any specific knowledge about 13 the Oxford Park cleanup, levels 14 detected, things of that nature, what 15 remediation consisted of? 16 A. Just a very general knowledge of some 17 excavation. 1 believe it was three or 18 four ball fields, some excavation of 19 topsoil and then fill in off site. 1 20 think there's a plan for a parking lot 21 in another area of Oxford Park. 22 Q. Do you know what the levels were that 23 were found on the ball fields? Pages 109-112 HARTOLDMONO018993 1 A. 2 Q. 3 4 5 A. 6 7 Q. 8 9 10 11 A. 12 Q. 13 14 15 A. 16 17 18 19 Q. 20 A. 21 Q. 22 23 A. Page 113 No. Do you know if any of the excavated PCB-contaminated soils were taken to Emelle? Craig Branchfield would know that. 1 don't know. What other projects were talked about other than the Oxford ball park at that meeting in April of this year? Was the Quintard Mall discussed at all? That was one of the subjects. Was there any discussion whatsoever about any cleanup of Snow Creek or Choccolocco Creek? The discussion 1 remember was --1 don't remember the specifics but basically having to do with the various fish data, again showing -That's when the chart was shown? Right. Do you think that chart was prepared by one of these consultants? As 1 recall it had data from a number of 1 Q. 2 3 A. 4 Q. 5 6 7 A. 8 9 Q. 10 11 12 13 Q. 14 A. 15 16 17 18 Q. 19 A. 20 Q. 21 22 23 Page 115 (By Ms. Malow) Is that fish advisory still in place to your knowledge? 1 believe it is. Do you know if the levels in the fish still exceed FDA acceptable limits? MR. COX: Object to the form. 1 don't specifically know the answer to that. (By Ms. Malow) But you would assume they do, which is why the fish advisory is still in place? MR. COX: Object to the form. (By Ms. Malow) You can answer. Well, as 1 recall, there was some discussion based upon new data of appealing to get that fish advisory lifted because of new data. Has that been done or initiated? 1 don't know. Not to my knowledge. Is that something that you as leader of the remediation group recommend, that that be appealed? MR. COX: Object to the form. 1 2 Q. 3 4 A. 5 Q. 6 7 A. 8 9 Q. 10 11 12 A. 13 Q. 14 15 A. 16 17 Q. 18 19 20 21 22 A. 23 Page 114 different sources, individual entities. But who prepared the actual chart? Do you know? One of the consultants. Do you know who it was from BBL? Was it Mark Brown or somebody else? 1 believe it was Alan Fowler, one of the consultants. And how about from Golder and Associates? Do you know who their representative was at that meeting? Not offhand. Do you know what the FDA acceptable limit is for PCBs in fish presently? No. MR. COX: Object to the form. (By Ms. Malow) Do you know if the fish levels are still in excess of FDA limits in the bodies of water near the Anniston plant? MR. COX: Object to the form. My understanding is there's a fish advisory. 1 A. 2 Q. 3 4 5 6 7 A. 8 9 10 11 12 Q. 13 14 15 16 17 A. 18 19 Q. 20 21 A. 22 23 Q. Page 116 1 did not recommend that. (By Ms. Malow) Well, sitting here now as the leader of the remedial group for Solutia, do you recommend that Solutia try to get that fish advisory lifted? MR. COX: Object to the form. Well, 1 recommend that we continue to monitor to see if this favorable trend continues, and if it does, 1 think we should in fact try to appeal that decision. (By Ms. Malow) Right now, given the levels that you have seen in that chart, do you think that the fish advisory should be lifted? MR. COX: Object to the form. As 1 recall, the decision was to take some more data before pursuing that. (By Ms. Malow) Is that ongoing, collecting more data? 1 believe it either is or is being planned. Was there any discussion in that meeting Pages 113-116 HARTOLDMON0018994 Page 117 Page 119 1 in April of this year about the 1 be? 2 conservation corridor program? 2 A. Not offhand. 3 A. Yes. 3 Q. Anything else you can recall discussed 4 Q. What do you recall being discussed about 4 in terms of projects at this meeting in 5 that project? 5 April of this year? 6 A. Just a general discussion of who might 6 A. No. 7 -- which entities might be interested in 7 Q. During this April time frame -- Strike 8 participating in setting up the 8 that. 9 corridor. 9 During April of 2001 did you do 10 Q. Do you know what stage that project is 10 any off-site drive-by inspections, or 11 in right now? 11 was this all conducted at the plant 12 A. It is still basically in the planning 12 site? 13 stage. 13 A. 1 don't recall a specific inspection. 1 14 Q. Have any easements been obtained? 14 mean, obviously when you drive in, you 15 A. Not to my knowledge. 15 see the plant. 16 Q. What is the purpose of this conservation 16 Q. It wasn't like your February orientation 17 corridor program? 17 meeting? 18 A. It would actually work to set up a 18 A. Right. 19 corridor along Choccolocco Creek which 19 Q. Because you had already seen those 20 would not be developed, would be 20 areas? 21 essentially a nature reserve. 21 A. From the highway. 22 Q. What benefit if any does that provide to 22 Q. All right. Was this just a one-day 23 Solutia? 23 trip, this one in April and March of 1 A. 2 3 4 5 6 7 8 Q. 9 10 11 12 13 A. 14 15 16 Q. 17 A. 18 19 20 21 22 23 Q. Page 118 Well, this obviously would be a benefit to the community. It would be a benefit to Solutia, 1 think, to the environment, by setting up the corridor. Then you would not have third parties excavating or building immediately adjacent to that part of Choccolocco to the river. Anything else that you can recall being discussed during this April 2001 meeting, any other projects? We talked about Oxford, Quintard, fish levels, conservation corridor. There is a Highway 30 -- is that right -- one of the highways, working with the Department of Transportation. To do what? If as 1 understand, there was some PCB material found where they were wanting to widen this highway. And 1 believe the agreement -- It is being negotiated with them to pay the differential cost of that work. Do you know what the cost is going to 1 2 A. 3 4 Q. 5 A. 6 7 8 Q. 9 10 A. 11 Q. 12 A. 13 14 Q. 15 16 A. 17 Q. 18 19 A. 20 21 22 Q. 23 A. Page 120 this year? When you say one day, because of the flight schedule, you have to go up -The night before? Essentially the morning and then meet in the afternoon and then fly back the next morning. Did you actually spend the night in Anniston? No. Where did you stay? Birmingham. Well, outside of Birmingham, close to the airport. Would the same have been true back when you went the first time in February? Yes. You have never spent the night in Anniston? First, 1 don't remember where 1 stayed back in '93 or '94. The last two trips, definitely not. All right. Because it is more convenient because Pages 117-120 HARTOLDMONO018995 1 2 3 Q. 4 5 6 7 8 A. 9 Q. 10 A. 11 Q. 12 13 14 15 16 17 18 Q. 19 20 21 22 A. 23 Q. Page 121 you have a very early flight out of Birmingham. Right. Okay. 1 want to switch gears for a minute and cover other -- Well, have you had responsibility -- You mentioned Motco, Brio, and there's another one. Skinner landfill. Are all three of those Superfund sites? Yes. 1 want to just get a brief explanation from you as to Solutia's participation in each of those three sites. Let's start with Brio. MR. COX: Can we take a break? MS. MALOW: Yes, we can. [A break was taken.] (By Ms. Malow) Mr. Smith, let's talk about the Brio site. 1 understand that Solutia is just one of several PRPs involved in that site, correct? Yes. And 1 think you told me earlier that 1 2 A. 3 Q. 4 5 A. 6 7 Q. 8 9 10 11 A. 12 Q. 13 14 15 16 A. 17 Q. 18 19 20 A. 21 22 23 Q. Page 123 some other way? 1 don't know the history of it. Was it self-reported by Monsanto, that they had used the Brio site? 1 would assume so, but 1 don't know that for a fact. Okay. Are you responsible for supervising Solutia's role in the Superfund cleanup sites where Solutia is a PRP? Would you rephrase that question? Do you have responsibility for supervising the cleanup of sites, Superfund sites, where Solutia is a PRP, on behalf of Solutia? For specific sites. Just the Motco, Brio, and Skinner and then the ones you oversee that your other managers are working on? Correct. Bob's Home Service is probably still on my list, although it has little or no activity. Let's go to that one now. Where is that Page 122 Page 124 1 PCBs were not a constituent at that 1 site? 2 site; is that correct? Or were they? 2 A. It was located near St. Louis. 3 A. Yes. 3 Q. And what is Solutia's involvement at 4 Q. And how is it that Solutia was asked to 4 that site? 5 be involved in the cleanup of the Brio 5 A. It was a RCRA permitted hazardous waste 6 site? How did that come about? 6 landfill. 7 A. The Texas City plant used the Brio 7 Q. And what was deposited there by Solutia 8 recycling facility for primarily styrene 8 or Monsanto? Were PCBs? 9 tars. 9 A. 1 don't recall. 1 don't remember PCBs 10 Q. Do you know how much has been expended 10 specifically, but 1 don't recall 11 so far by Monsanto or Solutia in the 11 specifically what chemicals were. 12 cleanup of the Brio site, rough 12 Q. Were there a number of different 13 estimate? 13 chemicals? 14 A. Roughly 40 to 45 million dollars. 14 A. It seems like there were a couple of 15 Q. Is that the largest amount spent by any 15 potential waste streams, but this was 16 PRP, or is there another PRP that has 16 really related to a possible transfer 17 spent more? 17 from another site also. 18 A. At the Brio site? 18 Q. From another Solutia or Monsanto site? 19 Q. Yes. 19 A. No, another landfill facility. 20 A. That's the largest spent. 20 Q. Well, where were the waste streams 21 Q. Okay. Did the Texas City plant come 21 coming from that were Solutia or 22 forward and disclose that it had used 22 Monsanto waste streams that went to 23 the Brio site, or did that come about 23 Bob's Home Service? Pages 121-124 HARTOLDMONO018996 1 A. 2 3 Q. 4 5 6 7 A. 8 9 10 Q. 11 12 13 A. 14 Q. 15 16 17 A. 18 Q. 19 A. 20 21 22 23 Q. Page 125 1 believe, if 1 recall, the Queeny plant and/or the Krummrich plant. And during what time frame did the Queeny plant and/or the Krummrich plant dispose of waste streams at Bob's Home Service? 1 don't know the specifics, but it would be early '80s. That would be what 1 would assume. Do you know the volume of waste that was deposited from the Queeny and Krummrich facilities? No. How much money has been spent so far by Solutia or Monsanto to clean up the Bob's Home Service site? Less than $100,000. Is that cleanup still under way? Yes. Actually it is an ongoing pump and treat of leachate. The owner/operator did some remediation and capping before they left the site. All right. Then let's go to the Motco 1 A. 2 Q. 3 4 A. 5 Q. 6 7 8 A. 9 Q. 10 A. 11 12 Q. 13 14 15 A. 16 17 Q. 18 19 20 A. 21 22 Q. 23 Page 127 No. Were any PCBs deposited there by Monsanto? Not to my knowledge. Do you know how it is that Monsanto or Solutia got involved as a PRP at the Motco facility? No. 1 mean the determination. That happened probably in the late '70s or early '80s. Okay. Do you know how Monsanto or Solutia got involved as a PRP at Bob's Home Service site? Bob's Home Service is actually not a Superfund site. How many other entities are involved in the cleanup of Bob's Home Service site other than Monsanto or Solutia? Approximately eight to twelve are participating in the funding of it. And then let's talk about the Skinner landfill. Where is that located? 1 2 A. 3 Q. 4 5 6 A. 7 Q. 8 A. 9 Q. 10 11 12 A. 13 14 Q. 15 16 17 A. 18 19 Q. 20 21 A. 22 Q. 23 Page 126 facility. Where is that located? In Lamar, Texas. Lots of good Texas sites. What waste streams did Solutia or Monsanto dispose of at the Motco facility? It was, again, primarily styrene tars. From the Texas City plant? Yes. And during what time frame did Monsanto or Solutia dispose of styrene tars at the Motco facility? 1 believe the '60s or '70s. 1 don't know specifically. How much money has been expended so far by Solutia and Monsanto for the cleanup of the Motco facility, approximately? Approximately eighty to 100 million dollars. Has any other PRP expended that much money at the Motco site? No. Do you know the total volume of styrene tars deposited there? 1 A. 2 Q. 3 A. 4 Q. 5 6 A. 7 8 Q. 9 A. 10 Q. 11 A. 12 13 Q. 14 15 A. 16 17 Q. 18 19 20 A. 21 Q. 22 23 A. Page 128 Just outside of Cincinnati, Ohio. Is that a hazardous waste facility? That is a Superfund site. What waste streams did Solutia or Monsanto send to the Skinner landfill? To our knowledge only actually two shipments of ABS material. ABF? ABS material. Which is? It is used in the manufacture of plastics. And from which facility was that ABS generated? Monsanto had a Cincinnati plastics facility. How much money has been expended by Monsanto or Solutia for the cleanup of the Skinner landfill? Less than 200,000. Is that project still ongoing, cleanup on Skinner? Yes. Pages 125-128 HARTOLDMONO018997 1 Q. 2 A. 3 4 5 6 7 Q. 8 9 10 11 12 13 A. 14 Q. 15 16 17 A. 18 19 Q. 20 21 22 A. 23 Page 129 What stage is that in? 1 A. As 1 recall, they are currently either 2 Q. putting on the cap or it will be put on 3 A. very shortly. 1 believe they are 4 Q. installing some wells for a pump and 5 treat system. 6 Any other Superfund sites that you have 7 A. been involved in from the remediation 8 group standpoint that we haven't talked 9 about? 1 know you have got other 10 project managers that report to you 11 Q. about other ones, correct? 12 Correct. 13 Why don't you give me the ongoing ones 14 A. that are reporting to you, what 15 Q. Superfund sites? 16 A. The ones I'm currently managing now are 17 Q. the ones we talked about. 18 A. But then there are others that you have 19 other project managers that report to 20 Q. you about, correct? 21 A. Well, the other project managers each 22 have a list of projects which they are 23 Page 131 You want the total number? Uh-huh (indicating yes). No. Do you have any rough estimate as to how many Solutia assumed when it was spun off? It is hard to answer because there are what we call active sites and then there's sites that were settled long ago. You don't expect them to -How many active sites are there today that Solutia assumed from Monsanto when it was spun off? 1 don't know the specific number. Do you think it is more than ten? Yes. Do you think it is more than twenty? 1 would estimate sixty to eighty type number. Again, it is a little hard -Are those all Superfund? -- to say because if you spend a thousand dollars every five years, is that an active site or not? Page 130 Page 132 1 managing. 1 Q. All of those, though, are Superfund 2 Q. And then do you have some knowledge 2 sites? 3 about the work that's being done for 3 A. No. 4 those other Superfund sites? 4 Q. Do you know how many Superfund sites 5 A. In general on some of them. 5 actively -- Do you know how many active 6 Q. Let me ask you this: Are there any 6 Superfund sites Solutia is involved in 7 Superfund projects that your project 7 that they assumed from Monsanto? 8 managers are handling in which PCBs were 8 A. No. 9 disposed of as a waste stream that you 9 Q. Do you know why Solutia bought 10 know of? 10 Monsanto's environmental liabilities? 11 A. 1 don't know specifically. 11 MR. COX: Object to the form. 12 Q. You know the Motco one is, so far that 12 A. 1 don't believe Solutia bought any of 13 we have talked about, seems to be the 13 their liabilities. 1 believe it was a 14 most expensive one in terms of cost to 14 spin, as 1 understand it. 15 the company. Is there one that one of 15 Q. (By Ms. Malow) Was there any revenue 16 your project managers is handling that's 16 generated for Solutia from acquiring 17 even greater in cost than Motco, or is 17 these sites? 18 that the largest? 18 A. Any revenue? 19 A. 1 believe that's the largest. 19 Q. Yes. 20 Q. Do you know the total number of sites 20 A. If there is, it is very little. 21 where Monsanto was a PRP that were 21 Q. 1 want to go back to the Anniston site. 22 transferred to Solutia by Monsanto when 22 Are you familiar with the geology in the 23 Solutia was spun off? 23 area around the Anniston site? Pages 129-132 HARTOLDMONO018998 1 A. 2 Q. 3 4 5 6 A. 7 Q. 8 9 A. 10 Q. 11 12 13 14 A. 15 Q. 16 17 A. 18 19 Q. 20 21 A. 22 Q. 23 Page 133 No. Do you know of any dye test that has ever been performed by Monsanto or Solutia before the monitoring wells were installed in the Anniston area? No. You just don't know one way or the other? 1 don't know one way or the other. Are you familiar with a pipe located adjacent to the Solutia Anniston facility where there is lead, arsenic, and mercury being discovered? No. Do you know if mercury was used at the Anniston facility? It was my understanding they had a chloralkylide facility in the past. Do you know in what years it was in operation? No. Do you know if -- Strike that. Are you familiar with the 1 Q. 2 3 4 A. 5 Q. 6 7 A. 8 Q. 9 10 A. 11 Q. 12 13 14 A. 15 16 Q. 17 18 A. 19 Q. 20 21 22 23 Page 135 Do you know the depth of the monitoring wells at the Solutia facility in Anniston? No. Do you know the total number of monitoring wells you have at that site? No. Do you know that Solutia monitors for PCBs in the groundwater at Anniston? 1 don't know if they do or not. Do you know when the groundwater monitoring program began at the Anniston site? 1 believe it was some time ago, but 1 don't know specifically. Do you know who designed the protocol for the groundwater monitoring program? No. Can you tell me why it is that you don't know the answer to those questions about the groundwater monitoring program since you are the leader of the remedial group? Page 134 Page 136 1 hydrology at the Anniston site? 1 MR. COX: Object to the form. 2 A. No. 2 A. Number one, 1 haven't been involved 3 Q. Who do you think would have the most 3 until March of this year. Those details 4 knowledge about the hydrology at the 4 typically would be known by the project 5 site that's a Monsanto or Solutia 5 manager and consultants working for the 6 employee, not a consultant? 6 manager. 7 A. Craig Branchfield. 7 Q. (By Ms. Malow) Okay. So you would 8 Q. Would the same be true with respect to 8 expect Mr. Branchfield to know that 9 the geology? 9 stuff? 10 A. 1 believe so. 10 A. Or the consultants that are working for 11 Q. Do you agree that it is important to 11 him. 12 know the hydrology of a particular site 12 Q. Do you know how often the groundwater is 13 before you decide where to place 13 sampled in Anniston? 14 monitoring wells? 14 A. No, 1 don't. 15 MR. COX: Object to the form. 15 Q. Do you know if PCBs have been detected 16 A. 1 think it depends on the circumstances, 16 in the groundwater from the monitoring 17 why you're putting wells in and time 17 wells at the Solutia facility? 18 frame. 18 A. My understanding is they had not been 19 Q. (By Ms. Malow) Do you know what impact 19 detected in filtered samples, but 1 20 it would have if wells, monitoring 20 don't know for a fact. 21 wells, were installed in an area where 21 Q. Do you know how PCBs got into the 22 there is coarse terrain? 22 groundwater? 23 A. Not specifically. 23 MR. COX: Object to the form. Pages 133-136 HARTOLDMONO018999 Page 137 Page 139 1 A. No. 1 groundwater leaving the Solutia 2 Q. (By Ms. Malow) Do you know the source 2 property? 3 of the PCBs found in the unfiltered 3 MR. COX: Object to the form. 4 samples? 4 A. 1 don't know that to be true or false. 5 MR. COX: Object to the form. 5 Q. (By Ms. Malow) Do you know if there's a 6 A. No. 6 relationship between groundwater flowing 7 Q. (By Ms. Malow) Do you know if PCBs have 7 from the Solutia property and 8 been found in two of the deep wells that 8 Jacksonville Fault? 9 are not part of the on-site groundwater 9 A. 1 don't know. 10 action systems? 10 Q. Do you know if EPA has expressed concern 11 MR. COX: Object to the form. 11 about a relationship between groundwater 12 A. 1 don't know if that is true or not. 12 flow from the Solutia property and the 13 Q. (By Ms. Malow) Is it a conventional 13 Jacksonville Fault? 14 technique to filter groundwater samples 14 A. 1 don't know. 15 for PCB analysis? 15 MR. COX: Object to the form. 16 MR. COX: Object to the form. 16 Q. (By Ms. Malow) Do you know if 17 A. I'm not a laboratory expert, but 1 would 17 Jacksonville Fault - Strike that. 18 think yes. 18 Are the monitoring wells that 19 Q. (By Ms. Malow) Is it a conventional 19 Solutia has at the Anniston site in the 20 technique to filter the groundwater 20 correct position to effectively monitor 21 twice with a point one and a point four 21 the groundwater quality of the west end 22 five micron size filter? 22 landfill? 23 A. 1 don't know the specifics. 23 MR. COX: Object to the form. 1 Q. 2 3 A. 4 5 Q. 6 7 8 9 10 11 Q. 12 A. 13 14 15 Q. 16 17 18 19 A. 20 Q. 21 22 23 Page 138 Do you know if ADEM accepts results from filtered groundwater samples? 1 don't specifically know the answer to that question. Assume with me that PCBs have been detected in off-site monitoring wells. Does that demonstrate that the groundwater containing PCBs have migrated off site? MR. COX: Object to the form. (By Ms. Malow) You can answer. 1 think just detection of PCBs nearby does not necessarily mean it comes from any one particular source. Have you done any investigation in terms of identifying any sources other than Monsanto or Solutia of PCBs in the Anniston area? No. Hasn't EPA determined that the corrective action system - that Solutia's corrective action system may not be completely capturing the 1 A. 2 3 4 Q. 5 6 7 8 A. 9 Q. 10 11 12 13 14 A. 15 Q. 16 17 A. 18 19 Q. 20 21 A. 22 Q. 23 Page 140 1 would assume that would certainly be our intent, but 1 don't know where or how many wells they have. (By Ms. Malow) Has EPA said they are not in position to effectively monitor the groundwater quality of the west end landfill? Not to my knowledge. Let's switch gears again and talk about surface water regarding the Anniston facility. Has Solutia ever tested any water in Snow Creek or tributaries leading into Snow Creek? 1 believe it has. Has Solutia found PCBs in the surface water at Snow Creek? 1 believe they found PCBs in the sediments. Do you know the source of those PCBs in the sediments of Snow Creek? Not specifically. Are you denying that Solutia is the source of those sediments, Pages 137-140 HARTOLDMONO019000 1 2 3 A. 4 Q. 5 6 7 8 9 10 A. 11 Q. 12 13 14 15 A. 16 17 18 Q. 19 20 21 22 23 A. Page 141 PCB-containing sediments in Snow Creek? MR. COX: Object to the form. I'm not denying that nor affirming that. (By Ms. Malow) Do you think that Solutia is a likely source for the PCB-contaminated sediments of Snow Creek based on the fact that they manufactured PCBs in Anniston? MR. COX: Object to the form. It is probably true. (By Ms. Malow) Is Snow Creek a source of PCB contamination of fish in Choccolocco Creek and Lake Logan Martin? MR. COX: Object to the form. It potentially could be, but of course there are other potential sources of PCBs in the area as well. (By Ms. Malow) Sitting here now, Mr. Smith, has Solutia come up with any plan to treat Snow Creek for PCB contamination? MR. COX: Object to the form. My understanding is Solutia is working 1 2 3 Q. 4 5 6 A. 7 8 9 Q. 10 11 12 A. 13 Q. 14 15 16 17 A. 18 Q. 19 20 21 A. 22 Q. 23 Page 143 sediments since PCBs tie up very firmly in sediments. (By Ms. Malow) Is it possible for PCBs to become soluble? MR. COX: Object to the form. I'm certainly not an expert in that field. My understanding is they are extremely insoluble. (By Ms. Malow) Do you know if there was a time that PCBs were visible with the naked eye in Snow Creek? 1 have never heard that. Were you aware that the attorney general of the State of Alabama had looked at Snow Creek contamination back in the '80s? No. Are you familiar with a guy named Joe Crockett with the Alabama Water Improvement Commission? No. Have you ever -- Strike that. Have the in-plant sewer systems at 1 2 3 4 Q. 5 6 A. 7 8 9 10 11 Q. 12 13 14 15 A. 16 Q. 17 18 19 A. 20 Q. 21 22 23 A. Page 142 with both ADEM and USEPA through various agreements to do sampling in and around Snow Creek. (By Ms. Malow) And then what's the next step? It is my understanding that the AOC has requirements where if you find a certain level of PCBs, certain actions would be taken as far as eliminating the surface soils and replacing that soil. Have you seen any of the recommendations made by the plaintiffs' experts in this case as to what should be done with Snow Creek? No. Do you know of any aqueous phase PCB testing that has been performed by Solutia of Snow Creek? 1 don't know if that's been done or not. Do you think aqueous phase testing should be done? MR. COX: Object to the form. 1 think the primary concern would be 1 2 3 A. 4 Q. 5 6 7 A. 8 Q. 9 A. 10 11 12 Q. 13 14 15 A. 16 17 Q. 18 19 20 21 A. 22 Q. 23 Page 144 the Anniston facility been tested and analyzed to your knowledge? 1 don't know. Have you had any conversations with Bot Kaley regarding any Anniston remediation issues? Nothing specific. How about something general? Well, 1 mean Bob's office is a hundred feet away from mine, so --1 mean, we certainly see each other. But have y'all talked at all about the PCB contamination issues or remediation issues at the Anniston facility? Not specifically about health effects or any of those type of issues. Well, that was going to be my next question, whether or not you had ever talked with him about PCB toxicity issues. No. How about plans in terms of what sort of remediation work is ongoing for the Pages 141 -144 HARTOLDMONO019001 Page 145 Page 147 1 Anniston facility? Has that been 1 together budgets, forecasts, estimates 2 discussed with Dr. Kaley? 2 of the work. Those budgets or forecasts 3 A. No. 3 are reviewed. 4 Q. Have you ever had any conversations with 4 Q. By whom? 5 Mark Brown of BBL about any remediation 5 A. Typically -- Well, in the past, Mike 6 or investigation of the Anniston 6 Foresman, currently myself. 7 facility? 7 Q. Have you in fact reviewed any budgets or 8 A. Mark Brown may have been at that last 8 forecasts or estimates of work for the 9 meeting. 9 Anniston facility? 10 Q. In April? 10 A. 1 have seen the budgets that Craig put 11 A. The March, April time frame. 11 together and discussed those at the two 12 Q. Have you ever had any one-on-one 12 meetings. 13 conversations with Mr. Brown about the 13 Q. Were there any things in his budget or 14 Anniston site? 14 forecast that you did not approve? 15 A. No. 15 A. No. 16 Q. How about Mr. Price of Genesis? Have 16 Q. As far as the type of remediation work 17 you ever talked to him? 17 to be performed at a site such as 18 A. No. 1 do not believe so. 18 Anniston, would that be within 19 MS. MALOW: Let's take a break. 19 Mr. Branchfield's authority, to make 20 [A break was taken.] 20 those determinations? For example, if 21 Q. (By Ms. Malow) Can PCBs be moved 21 he said, "1 think we should excavate 22 through the air? 22 Snow Creek," does he have the authority 23 A. 1 believe PCBs can be volatilize to some 23 to do that, to start that project? Page 146 Page 148 1 extent. 1 MR. COX: Object to the form. 2 Q. Do you know of any EPA region that has 2 A. 1 don't think he would make that 3 established an acceptable risk-based 3 decision on his own. 4 concentration for PCBs in the ambient 4 Q. (By Ms. Malow) Who else would he have 5 air? 5 to confer with before he could select a 6 MR. COX: Object to the form. 6 particular type of remediation technique 7 A. Not that 1 recall. 7 or plan? 8 Q. (By Ms. Malow) Do you know how the 8 A. Are you still talking about money 9 level of PCBs in the Anniston air 9 approval? 10 compares with acceptable levels? 10 Q. Well, 1 guess maybe there's two 11 A. No. 11 components to it. Let's talk about -- 12 Q. Have you seen any of the tree bark data 12 just forget how much it costs. Let's 13 around the Anniston area? 13 just say does Craig Branchfield have the 14 A. Not that 1 can recall. 14 authority to determine what type of 15 Q. Has Solutia's own monitoring detected 15 remediation things would be appropriate 16 PCBs around the plant site at Anniston? 16 at Anniston, for example, with respect 17 A. 1 don't know. 17 to the waterways? 18 Q. Does Mr. Branchfield have the authority 18 A. Well, the appropriateness would be 19 to make decisions about what remediation 19 determined based upon the remedial 20 work should be performed for the 20 investigation, studies, various 21 Anniston site without getting approval 21 consultants, those type of sources. 22 from anybody else? 22 Q. Does he have a certain amount of 23 A. As project manager he would be -- put 23 monetary authority that he can expend Pages 145-148 HARTOLDMONO019002 Page 149 Page 151 1 without having to confer with you or 1 from the ball field? 2 anybody else? 2 A. No. 3 A. He has authority 1 would say to spend 3 Q. Do you know how much PCB-contaminated 4 budgeted money, forecasted money, on 4 material was transported to Emelle? 5 those type of activities. 5 A. No. 6 Q. Since he's already shared with you at 6 Q. Do you know how it was determined which 7 the meetings that you attended in 7 material to take to Emelle and which to 8 Anniston his forecasts and budgets and 8 leave on site? 9 it has been approved, he can at his 9 A. No. 10 discretion spend funds within those 10 Q. My understanding is that some of the 11 budgets and forecasts to do the work 11 contaminated material was placed under a 12 necessary in Anniston, correct? 12 parking lot that Solutia is building. 13 A. Yes. 13 Is that your understanding? 14 Q. Do you know of any testing that Monsanto 14 A. Yes. 15 ever did in the past on Snow Creek for 15 Q. Is there any other site other than the 16 example in the 1980s? 16 Oxford ball field where Monsanto or 17 A. Not to my knowledge. 17 Solutia has used that same remediation 18 Q. Do you know of any testing that Monsanto 18 technique that you know of? 19 did of Snow Creek in the 1960s? 19 MR. COX: For PCBs or anything? 20 A. No. 20 Q. (By Ms. Malow) Let's start with PCBs. 21 Q. And 1 showed you earlier Exhibit Two, 21 A. Not that 1 recall at this point. 22 which was work done on Choccolocco Creek 22 Q. Have you -- Are you familiar with 23 by a consultant hired by Monsanto. And 23 Monsanto or Solutia using the technique Page 150 Page 152 1 you haven't seen that before, correct? 1 of placing contaminants under a parking 2 A. Correct. 2 lot for any type of contaminant, not 3 MR. COX: Object to the form. 3 just limited to PCBs? 4 Q. (By Ms. Malow) Are you familiar with 4 A. Yes. 5 hog testing or hog analyses performed by 5 Q. Tell me about that. 6 Monsanto? 6 A. At the Krummrich plant they found some 7 A. No. 7 low levels of dioxin that was paved over 8 Q. Do you know what sorts of levels have 8 as a parking lot. 9 ever been found in the hogs in the 9 Q. What area were the dioxins found in the 10 Anniston area, PCBs? 10 Krummrich plant? 11 A. No. 11 A. The north side of the plant. 12 Q. 1 can't remember if we covered this or 12 Q. Do you know what the levels were? 13 not. But do you know what levels were 13 A. 1 don't recall offhand. 14 found at the Oxford ball field of PCBs? 14 Q. And do you know when those were buriec 15 MR. COX: Objection, asked and 15 under the parking lot, what year? 16 answered. 16 A. Sometime during the '80s, 1980s. 17 Q. (By Ms. Malow) 1 guess 1 did ask. What 17 Q. Do you know how much waste, dioxin 18 was your answer? 18 waste, was buried? 19 MR. COX: You can go ahead and 19 A. 1 don't know that it was waste. It was 20 answer. 20 just soil that -- 21 A. No, not specifically. 21 Q. How much contaminated soil was buried? 22 Q. (By Ms. Malow) Do you know how much 22 A. No, 1 don't know. 23 PCB-contaminated material was removed 23 Q. Do you know of any other contaminant Pages 149-152 HARTOLDMONO019003 Page 153 Page 155 1 that's been buried under a parking lot 1 A. 1 don't know. 2 as a remediation technique at a Solutia 2 Q. Do you know why EPA was overseeing that 3 or Monsanto facility? 3 cleanup at the Oxford ball fields rather 4 A. Not that 1 recall at this point. 4 than ADEM? 5 Q. Do you know if the PCBs found at the 5 A. Not specifically. 6 Oxford ball field were in the flood 6 Q. What's your general understanding? 7 plain? 7 A. My general understanding is that EPA is 8 A. It was a relatively low area. 1 don't 8 becoming more involved with the 9 recall whether it was a five hundred 9 off-plant, off-site issues, whereas ADEM 10 year flood plain or a hundred year flood 10 is more concentrated on the in-plant 11 plain. 11 RCRA issues. 12 Q. Do you know how Solutia characterized 12 Q. Do you have any knowledge about the 13 the ball field -- what technique it used 13 community's perception of ADEM in 14 to characterize it? 14 Anniston? 15 A. Other than surface soil sampling, 1 15 MR. COX: Object to the form. 16 don't know the specific technique. 16 A. No. 17 Q. Do you know if it was gridded off or if 17 Q. (By Ms. Malow) Was there any other 18 composite sampling was used? 18 company involved in the cleanup of the 19 A. 1 don't know. 19 Oxford ball park other than Solutia? 20 Q. Do you know the difference between the 20 A. You mean in financing? 21 two types? 21 Q. Correct. 22 MR. COX: Object to the form. 22 A. No. 23 A. Yes. 23 Q. 1 want to talk with you now about the Page 154 Page 156 1 Q. (By Ms. Malow) Does the composite 1 Quintard Mall PCB cleanup. Do you know 2 sampling approach work well for 2 how much PCB-contaminated material was 3 understanding what corrective measures 3 removed from the Quintard Mall? 4 to take? 4 A. No. 5 MR. COX: Object to the form. 5 Q. Do you know to what level the Quintard 6 A. Depends on the circumstances, the 6 Mall was cleaned up? 7 project. 7 MR. COX: Object to the form. 8 Q. (By Ms. Malow) Well, under what 8 A. No. 9 circumstances would it be appropriate to 9 Q. (By Ms. Malow) Do you know how much 10 use a composite sampling approach? 10 PCB-contaminated material was 11 A. Well, composite samples are frequently 11 transported to Emelle? 12 used in remediation where you want to 12 A. No. 13 test the wide area without testing 13 Q. Do you know how much Solutia paid to 14 numerous samples. You can get a 14 clean up the PCBs found at the mall? 15 composite sample that will give you an 15 A. No. 16 idea basically of the average over the 16 Q. Do you know if anyone else participated 17 larger area. 17 financially in the cleanup of Quintard 18 Q. Did Monsanto pay for the cleanup of PCBs 18 Mall other than Solutia? 19 found at the Oxford ball field, or 19 A. 1 don't know the answer to that one. 20 Solutia? 20 Q. Okay. Do you know why Solutia agreed to 21 A. Solutia, yes. 21 clean up PCBs at Quintard Mall? 22 Q. How much was spent to clean up the 22 MR. COX: Object to the form. 23 Oxford ball fields? 23 A. No. Pages 153-156 HARTOLDMONO019004 Page 157 Page 159 1 Q. (By Ms. Malow) Do you agree that as a 1 have any responsibility that goes beyond 2 company you have a responsibility to 2 just what the laws and the regulations 3 clean up any areas that are contaminated 3 state. 4 by your waste streams? 4 MR. COX: Object to the form. 5 MR. COX: Object to the form. 5 A. 1 think there's probably circumstances 6 A. 1 believe we have a responsibility to 6 where they do. 7 comply with laws and regulations. 7 Q. (By Ms. Malow) If, for example, 8 Q. (By Ms. Malow) Do you have any sort of 8 Monsanto, when it was manufacturing 9 moral responsibility to your neighbors 9 PCBs, had PCBs that discharged onto the 10 regardless of regulations not to pollute 10 neighbor's property and caused harm to 11 their properties and their bodies? 11 the property, would there be a 12 MR. COX: Object to the form. 12 responsibility for Monsanto to clean 13 A. Well, you're making an assumption that 13 that up? 14 we have polluted property or polluted 14 MR. COX: Object to the form. 15 their bodies and that's had some 15 A. 1 don't know what harm you would be 16 negative impact. 1 think that's yet to 16 talking about or if there are 17 be determined. 17 regulations at that time that would 18 Q. (By Ms. Malow) Well, assume with me 18 prevent one from doing that. 19 that it is proven that the PCBs in the 19 Q. (By Ms. Malow) So if the regulations 20 bodies of Anniston residents came from 20 don't say you can't discharge something 21 Monsanto. Do you think that Monsanto 21 onto your neighbor's property, then it 22 has a responsibility to those neighbors? 22 is okay to do so? Is that what you're 23 MR. COX: Object to the form. 23 telling the jury? Page 158 Page 160 1 A. You're assuming that there's PCBs that 1 A. No. 2 is a health hazard? 2 MR. COX: Object to the form. 3 Q. (By Ms. Malow) I'm assuming that there 3 Q. (By Ms. Malow) Doesn't Monsanto have a 4 are PCBs in the bodies -- well, 1 don't 4 pledge that it is supposed to follow to 5 have to assume it. There's serum data 5 protect the community, including its 6 that shows that there are levels, PCB 6 neighbors? 7 levels in the Anniston residents. If we 7 MR. COX: Object to the form. 8 are able to prove that those PCBs came 8 A. Monsanto had a pledge at one point that 9 from Monsanto, do you think Monsanto haj5 9 was published by the CEO. 10 a responsibility to those neighbors? 10 Q. (By Ms. Malow) Did it have anything in 11 MR. COX: Object to the form. 11 there about protecting the community? 12 A. 1 think there's a serious question as to 12 A. As 1 recall 1 think it did. 13 whether or not trace levels of PCBs in 13 Q. Didn't it in fact state that it was 14 one's body causes a health hazard. 14 Monsanto's pledge to ensure that no 15 Q. (By Ms. Malow) Well, we got to all 15 Monsanto operation poses any undue risk 16 this, Mr. Smith, because we were talking 16 to its employees and communities? 17 about what responsibilities Solutia or 17 MR. COX: Object to the form. 18 Monsanto has as a company in terms of 18 A. 1 assume you're reading that. That 19 handling their waste streams, right? 19 sounds correct. 20 A. Uh-huh (indicating yes). 20 Q. (By Ms. Malow) Okay. Have you signed 21 Q. And you said their responsibility is to 21 the Monsanto Pledge before, Mr. Smith? 22 comply with laws and regulations. I'm 22 A. Yes. 23 asking you whether or not you think you 23 Q. Does Solutia have a similar pledge to Pages 157-160 HARTOLDMONO019005 1 2 3 A. 4 Q. 5 6 7 8 9 A. 10 Q. 11 12 A. 13 Q. 14 15 16 17 A. 18 Q. 19 20 A. 21 22 Q. 23 Page 161 prevent undue risk from its operations to its own employees and its neighbors? 1 believe it does. All right. 1 want to talk with you about some Oxford residences that have been cleaned up. Are you familiar with how much money has been spent by Solutia to clean up properties in Oxford? No. Do you know what levels of PCBs were found on any of the Oxford properties? No. Do you know what was done with the contaminated soil removed from the Oxford properties, residential properties? No, not specifically. Do you know if it was taken to a particular disposal facility? My understanding is some of the material was going to the Emelle landfill. Do you know of any that's going to the Three Corners landfill? 1 Q. 2 3 A. 4 Q. 5 6 7 8 9 A. 10 11 Q. 12 13 14 15 16 17 A. 18 19 20 Q. 21 22 23 Page 163 But you don't know the amount as we sit here now? Not as we sit here. Okay. Do you know how high the levels of PCBs were that were found in the flood plain adjacent to Smith Creek? MR. COX: Where? MS. MALOW: Anywhere. No. MR. COX: Object to form. (By Ms. Malow) We talked earlier about a conservation corridor. Would it be cheaper to have the conservation corridor in place rather than to remove sediments and dredge Choccolocco Creek? MR. COX: Object to the form. Well, the EPA and/or ADEM will make the decision ultimately on what happens with the sediments in Choccolocco Creek. (By Ms. Malow) That really wasn't my question. My question is whether it is cheaper to have a conservation corridor than to dredge just as a general Page 162 Page 164 1 A. I'm not familiar with that. 1 remediation technique. 2 Q. Do you know what type of landfill the 2 A. In general probably, yes. 3 Three Corners landfill is? 3 Q. Has Solutia proposed any removal of 4 A. No. 4 sediment from Choccolocco Creek? 5 Q. Have you heard of Live Oak in Georgia? 5 A. 1 believe there's a sampling plan 6 A. No. 6 proposed. 1 don't know if there is any 7 Q. 1 take it that decisions as to which 7 removal triggers in that right offhand. 8 facility -- Well, let me ask you. Whose 8 Q. Do you know if there's any dredging 9 decision is it as to which facility 9 plans or proposals for Choccolocco Creek 10 contaminated PCB waste should be taken? 10 or Snow Creek? 11 A. Well, the EPA regulates the facilities 11 A. Not that I'm aware of. 12 which can take PCB-contaminated 12 Q. Back to Snow Creek. Based on Solutia's 13 materials. 13 recent evaluation of Snow Creek, was it 14 Q. Do you know how much money Solutia has 14 determined corrective measures are 15 budgeted for the cleanup of residential 15 necessary for Snow Creek? 16 properties in the Anniston area? 16 MR. COX: Object to the form. 17 A. No. 17 A. 1 don't know. 18 Q. Has Solutia budgeted any money for 18 Q. (By Ms. Malow) Do you know if Solutia 19 cleanup of residential properties in 19 found high levels of PCBs in the upper 20 Anniston? 20 third of Snow Creek and the lower 21 A. There's money budgeted or forecasted for 21 portions of the creek -- the sediments 22 the RIFS work and for the AOC work 22 of Snow creek? 23 sampling. 23 A. 1 have been told there's PCBs in the Pages 161 -164 HARTOLDMONO019006 Page 165 Page 167 1 sediments of Snow Creek. 1 become a concrete culvert if it was 2 Q. Who told you that? 2 lined? 3 A. Probably Craig Branchfield. 3 A. 1 would think so. 4 Q. Have you had that conversation with 4 Q. Is removal of sediment from Snow Creek a 5 anyone else other than a lawyer and 5 potential remedial option? 6 Mr. Branchfield? 6 A. 1 would think so, but 1 don't know 7 MR. COX: Object to the form. 7 specific options being looked at. 8 A. Would you repeat the question? 8 Q. Was Snow Creek discussed in any of the 9 Q. (By Ms. Malow) Have you had any 9 meetings you attended in Anniston? 10 conversations or - Strike that. 10 A. I'm sure it was. 11 Have you been told by anyone other 11 Q. And you don't remember specifically 12 than Mr. Branchfield or one of the 12 anything other than the mention of a 13 attorneys representing Solutia that PCBs 13 concrete liner? 14 have been found in the sediment of Snow 14 A. Well, as 1 mentioned, we drove by 15 Creek? 15 various places of Snow Creek just to get 16 MR. COX: Same objection. 16 an understanding of how large it is. 17 A. That may well have been discussed by one 17 There was also discussion of the AOC 18 or more consultants in the one meeting 18 work that's being done and sampling in 19 in March or April. 1 don't know exactly 19 residents' yards where we were given 20 when. 20 access. 21 Q. (By Ms. Malow) All right. Are you 21 Q. If sediments -- contaminated sediments 22 familiar with the remedial measure of 22 aren't removed, can they be 23 using a concrete liner for Snow Creek? 23 redistributed in the water column? Page 166 Page 168 1 A. Just the fact that that would certainly 1 MR. COX: Object to the form. 2 be something to be considered. 2 A. 1 would think if, for example, you used 3 Q. That's something you're in favor of? 3 a concrete liner, you would prevent PCBs 4 A. 1 have not formed an opinion one way or 4 from being reinjected into Snow Creek, 5 the other. 5 for example. 6 Q. Do you know if that is probably the 6 Q. (By Ms. Malow) Would not prevent it? 7 remedial measure that will be 7 A. It would. 8 recommended or proposed by Solutia for 8 Q. You would prevent it? 9 Snow Creek? 9 A. Uh-huh (indicating yes). 10 A. 1 don't know whether it is or not. 10 Q. Are you aware that EPA recently came out 11 Q. Do you know how much it would cost to 11 with a decision requiring General 12 have a concrete liner in Snow Creek? 12 Electric to dredge the Hudson River? 13 A. No. 13 A. 1 read a headline in the paper to that 14 Q. What would happen to the creek if a 14 effect. 15 concrete liner was used on it? Would it 15 Q. Do you know how the PCB levels in the 16 no longer be a creek? 16 fish and in the sediments in the areas 17 MR. COX: Assuming it is a creek 17 around Anniston compare to the Hudson 18 now? 18 River levels? 19 MS. MALOW: Right. That is a big 19 A. No. 20 assumption. 20 Q. Assuming that the levels are comparable, 21 MR. COX: Part of it is already 21 do you think that the residents in 22 lined. 22 Anniston should be entitled to the same 23 Q. (By Ms. Malow) Would it basically just 23 remediation as the Hudson River Pages 165-168 HARTOLDMONO019007 Page 169 Page 171 1 residents? 1 Q. Do you know whether or not the synthetic 2 MR. COX: Object to the form. 2 membrane cover is permeable? 3 A. 1 think each site has to be looked at 3 MR. COX: Object to the form. 4 individually, risk assessment, and the 4 A. 1 don't know. 5 situation be considered on a 5 Q. (By Ms. Malow) What was the philosophy 6 case-by-case basis, as does EPA, their 6 behind the property purchase program in 7 policies. 7 the Anniston area? 8 Q. (By Ms. Malow) Has Solutia ever 8 MR. COX: Object to the form. 9 considered diverting the water from Snow 9 A. 1 was not involved with any of the 10 Creek to a treatment facility? 10 discussions related to property purchase 11 A. 1 don't know. 11 decisions. 12 Q. Are you familiar with a study performed 12 Q. (By Ms. Malow) In general is it 13 of the southern landfill in the early 13 Monsanto and Solutia philosophy that if 14 1970s by ADEM that found that the 14 you have a waste stream that you dispose 15 landfill was not in a suitable location? 15 of on site, you are better able to 16 MR. COX: Object to the form. 16 control it? 17 A. I'm not aware of any such study. 17 MR. COX: Object to the form. 18 Q. (By Ms. Malow) Do you think that the 18 A. Would you rephrase the question? 1 19 siting of a landfill is important? 19 don't understand the question. 20 A. Yes. 20 Q. (By Ms. Malow) Well, Monsanto and 21 Q. Are there certain places that, based on 21 Solutia through their manufacturing 22 geology or hydrology or other aspects of 22 processes generate waste streams, 23 the site, would not be appropriate for a 23 correct? 1 2 A. 3 4 5 6 7 8 9 10 11 12 13 Q. 14 15 16 A. 17 Q. 18 19 20 21 A. 22 23 Page 170 landfill? 1 A. The siting of landfills have evolved 2 Q. over the decades. In the '50s and '60s 3 it was very common for landfills to be 4 located even right next to a river, for 5 example; whereas today of course there 6 A. are extensive regulations governing 7 where you locate a landfill, getting 8 permits, and the actual construction of 9 Q. a landfill. So the whole siting issue 10 and design of landfills has really 11 evolved over the last few decades. 12 Do you know why the western portion of 13 the south landfill was covered with a 14 A. synthetic membrane? 15 No, not specifically. 16 What's your general understanding of whyr17 Q. the western portion of the south 18 A. landfill was covered with a synthetic 19 membrane covering? 20 1 assume someone looked at the surface 21 Q. water runoff and made that decision. 1 22 have no personal knowledge of that. 23 A. Page 172 Yes. Is it Monsanto's and Solutia's preference to dispose of those waste streams on site rather than off site? MR. COX: Object to the form. 1 don't think you can make a generalized philosophy statement on Monsanto practices over seventy-five years. (By Ms. Malow) Well, as a remediation leader for Solutia, if you have the option to dispose of a waste stream on site or off site, which would you select? When you're referring to waste stream on site, are you talking landfilling material on site? Sure, rather than sending it off site. I'm trying to think if we even have an on-site landfill that's currently operating. Well, we know there was one at the Krummrich facility for years. Sure. Pages 169-172 HARTOLDMONO019008 Page 173 Page 175 1 Q. Why was that done rather than sending 1 area, where they paid the salaries and 2 all that waste to an off-site facility? 2 the cost to the contractors to do the 3 MR. COX: Object to the form. 3 sampling work under CERCLA? 4 A. Well, back in the '50s and '60s it was a 4 MR. COX: Object to the form. 5 very common practice to have your own 5 A. I'm sorry. 1 think that was a different 6 landfill for any industry. 6 question than what you asked before. 7 Q. (By Ms. Malow) What was the reason for 7 MR. COX: Very different. 8 that? Why did all the industries do 8 MS. MALOW: Want to read that 9 that? 9 back? 10 A. Well, it was less expensive, and you 10 [Requested portion of record 11 could control it yourself. 11 read.] 12 Q. All right. Do you know if it would be 12 A. I'm sorry. 1 don't understand the 13 -- if it was cheaper for Solutia to buy 13 question. Could you rephrase it? 14 up the properties in the property 14 Q. (By Ms. Malow) I'll try. Are there 15 purchase program than to clean up the 15 certain costs that are recoverable 16 properties? 16 against Solutia under CERCLA at a 17 A. 1 don't know. 17 particular site, for example the cost of 18 Q. What would you expect? 18 the contractors who do the sampling 19 MR. COX: Object to the form. 19 work? 20 A. 1 don't know if the property was 20 A. Yes. 21 purchased because the seller wanted to 21 Q. Are you familiar with the sites where 22 buy it or whether Solutia wanted to buy 22 Solutia has agreed to pay for those 23 it. 23 costs rather than having EPA come back Page 174 Page 176 1 Q. (By Ms. Malow) Isn't it the case that 1 later to recover those costs against 2 Solutia actually approached the 2 them, pay for it on the front end rather 3 residents to see if they would sell 3 than coming back later to recover those 4 their properties rather than the other 4 costs? 5 way around? 5 MR. COX: Object to the form. 6 A. 1 don't know that for a fact. 6 A. Certainly we have agreed to pay costs in 7 Q. Have you had any role in the agreement 7 various AOC documents where we will 8 with EPA on the emergency cleanup level 8 receive a bill from the EPA usually once 9 for the Anniston area? 9 a year. And then we reimburse EPA for 10 A. No. 10 those costs. 11 Q. Do you have any understanding of how the 11 Q. (By Ms. Malow) Are you familiar at all 12 level stated in the AOC was determined? 12 with what's going on with respect to 13 A. No. 13 Anniston in terms of those costs? 14 Q. Do you know if Solutia's paying for the 14 A. 1 believe under AOC we have agreed to 15 EPA office that's set up in Anniston in 15 pay those costs. 16 terms of the rent, fax machine, copy 16 Q. Were you involved in the preparation of 17 machine? 17 the EPA Section 104-E letter in 18 A. 1 don't know. 18 connection with the Anniston site? 19 Q. Would that be unusual? 19 A. No. 20 MR. COX: Object to the form. 20 Q. Do you know how many pounds of PCBs were 21 Q. (By Ms. Malow) Are you aware of other 21 buried in the west end landfill -- 22 sites where Solutia or Monsanto has done 22 A. No. 23 that when EPA has had to come into an 23 Q. -- at the Anniston site? How about in Pages 173-176 HARTOLDMONO019009 Page 177 Page 179 1 the southern landfill? 1 manufactured at the Anniston plant? 2 A. No. 2 A. 1 have been advised that, yes. 3 Q. Do you know how much PCB, how many PCBs 3 Q. Do you know what years it was 4 -- pounds of PCBs went into Snow Creek? 4 manufactured there? 5 A. No. 5 A. No. 6 Q. How about Choccolocco Creek? 6 Q. Do you know that Monsanto had a mercury 7 A. No. 7 cell on site that was part of the 8 Q. Lake Logan Martin? 8 chlorine manufacturing process? 9 A. No. 9 A. That's what 1 have been told. 10 Q. Have you asked any of your consultants 10 Q. And who told you that? 11 for their best estimates as to the 11 A. Probably Buddy. 12 amount of PCBs in those various areas 1 12 Q. You're not supposed to tell me that. 13 listed? 13 Have you had any conversation with 14 A. No. 14 Mr. Branchfield about mercury production 15 Q. Are you familiar with the nature of the 15 at the Anniston plant? 16 PCBs that were put into the various 16 A. In one phone call we briefly discussed 17 landfills, that is, whether they were 17 the Anniston - 1 mean, the Anniston 18 solid or liquid? 18 Star press article. 19 A. 1 don't know. 19 Q. Was anyone else on the call other than 20 Q. Do you know how big the cells are at any 20 you and Mr. Branchfield? 21 of the landfills in Anniston? 21 A. No. 22 A. No. 22 Q. When was that call? 23 Q. Are you familiar with the recent 23 A. Within the last few weeks. Page 178 Page 180 1 Anniston Star article on mercury? 1 Q. Tell me as best you can recall what was 2 A. 1 saw the headline. 2 said during that conversation with 3 Q. You saw the headline? 3 Mr. Branchfield about the mercury issue. 4 A. Yes. 4 A. As 1 recall the conversation, he advised 5 Q. Did you actually read the article? 5 me that they really had not found 6 A. 1 scanned the first couple of 6 mercury downstream in Snow Creek, that 7 paragraphs. 7 it has not been an issue in the sampling 8 Q. When is the first time that you became 8 results. 9 aware that the Solutia facility 9 Q. Anything else you can recall from the 10 discharged mercury into Snow Creek? 10 conversation? 11 MR. COX: Object to the form. 11 A. No. 12 A. Probably when 1 saw the headline in the 12 Q. Do you know that mercury is used to make 13 Anniston Star. 13 chlorine and biphenyl, which were both 14 Q. (By Ms. Malow) Do you have any reason 14 used in the PCB manufacturing process in 15 to believe that the Solutia facility did 15 Anniston? 16 not discharge mercury into Snow Creek? 16 A. My understanding of the chloralkylide 17 MR. COX: Object to the form. 17 facility, it definitely uses mercury. 18 A. 1 don't have information one way or the 18 Q. Just because mercury is used in a closed 19 other. 19 process doesn't mean it won't be 20 Q. (By Ms. Malow) Have you spoken with 20 released, does it? 21 Mr. Kaley about that? 21 A. No. You would expect trace amounts to 22 A. No. 22 be released. 23 Q. Are you aware that chlorine was 23 Q. Do you know at what capacity the Pages 177-180 HARTOLDMONO019010 Page 181 Page 183 1 chlorine plant was operating in the mid 1 admitted that there were mercury 2 to late 1960s in Anniston? 2 discharges? 3 A. No. 3 MR. COX: Object to the form. 4 Q. Do you know how many tons of liquid 4 A. 1 don't know. 5 mercury went into the waste stream 5 Q. (By Ms. Malow) Did Monsanto keep track 6 during the years of operation? 6 of mercury emissions from the Anniston 7 A. No. 7 plant? 8 Q. Do Monsanto's own records show a 8 A. I'm not familiar with the Anniston plant 9 discharge of mercury into the waste 9 operations. 10 stream? 10 Q. Do you know what the maximum of the 11 MR. COX: Object to the form. 11 mercury waste stream for the Anniston 12 A. 1 don't know. 12 plant was shortly before the chlorine 13 Q. (By Ms. Malow) Could mercury have gone 13 plant was closed in '69? 14 into the storm sewer through drainage 14 A. No. 15 pathways from the plant site? 15 Q. Has mercury been a constituent of 16 MR. COX: Object to the form. 16 concern that Solutia has been looking at 17 A. 1 don't know. 17 as part of the on-site and off-site 18 Q. (By Ms. Malow) Was Monsanto trying to 18 investigations? 19 find a viable way to cycle mercury back 19 A. 1 believe to some extent, although 1 20 into the manufacturing process because 20 don't specifically know. 21 of lost money from lost mercury? 21 Q. Are you familiar with ADEM's request 22 MR. COX: Object to the form. 22 that Monsanto investigate further 23 A. 1 don't know. 23 mercury? Page 182 Page 184 1 Q. (By Ms. Malow) Are you familiar with a 1 A. Not that 1 recall. 2 recommendation to build a sump to 2 [Plaintiffs' Exhibit Number 3 temporarily place the mercury? 3 Three was marked for 4 MR. COX: Same objection. 4 identification.] 5 A. I'm not aware of a sump. 5 [A break was taken.] 6 Q. (By Ms. Malow) Do you know what 6 MR. COX: Just for the record, 7 happened to the mercury that was 7 Exhibit Three consists of a 8 discharged after the operations were 8 two - or two pages of a 9 dismantled? 9 longer document from ADEM and 10 MR. COX: Object to the form. 10 one page of a response to 11 A. No. 11 that document by Solutia to 12 Q. (By Ms. Malow) And the article in the 12 ADEM. And neither document 13 Star says that that mercury was -- some 13 is complete. To the extent 14 of that mercury was sent back to St. 14 it is not complete, then of 15 Louis. Are you familiar with that? 15 course we object to the 16 A. No. 16 witness having to talk about 17 Q. Do you know what happened to the mercury 17 it. But that's okay. You 18 that went into the ground in the 18 can ask him questions about 19 Anniston area? 19 it. 20 MR. COX: Object to the form. 20 Q. (By Ms. Malow) Have you had a chance to 21 A. I'm not aware of mercury going into the 21 look at that incomplete document, 22 ground in the Anniston area. 22 Exhibit Three, or are you still reading? 23 Q. (By Ms. Malow) Hasn't Dr. Kaley 23 A. I'm looking at it. Pages 181 -184 HARTOLDMON0019011 Page 185 Page 187 1 MR. COX: Off the record. 1 anybody within your department that 2 [Discussion held off the 2 would have had input or supervision of 3 record.] 3 this response? 4 Q. (By Ms. Malow) As your lawyer has 4 A. You mean other than Alan and Craig? 5 pointed out, the document 1 gave you is 5 Q. Correct. 6 incomplete. All 1 have is what 1 gave 6 A. No. Within my group it would be Alan or 7 you. Have you ever seen, though, before 7 Craig. 8 any of those pages which we marked as 8 Q. So you don't know where BBL got their 9 Exhibit Three? 9 information on mercury, do you? 10 A. No. 10 A. No. 11 Q. My understanding is there's actually a 11 Q. You don't know what access or what 12 request from ADEM, that is what begins 12 documents BBL was given access to? 13 on the first page, dated January 4, 13 A. No. 14 1999, to Mr. Faust where they ask for a 14 Q. Do you know who BBL interviewed to 15 brief description regarding the mercury 15 prepare the reply to ADEM about the 16 -- historical information of mercury, 16 mercury? 17 which goes on to page 2. Then 17 A. No. 18 apparently Monsanto or Solutia provided 18 Q. Do you know where the mercury documents 19 a twenty-six-page response to that 19 for the Anniston plant would be located? 20 question, but we only have the first 20 A. No. 21 page of that response. 21 Q. Do you know if there are any documents 22 MR. COX: For the record, the 22 about the mercury production in the St. 23 twenty-six pages was in 23 Louis offices of Solutia or Monsanto? Page 186 Page 188 1 response to the entire 1 A. 1 don't know. 2 document. There were several 2 Q. Do you know Gene Coley, the plant's 3 comments in ADEM's document, 3 former environmental manager? 4 and the response goes to each 4 A. No. 5 of those comments. 5 Q. Have you seen any memos that he's 6 Q. (By Ms. Malow) All right. And really 6 authored regarding mercury emissions at 7 all 1 want to know from you, Mr. Smith, 7 Anniston? 8 is whether or not you have ever seen the 8 A. Not that 1 recall. 9 full response that Solutia made to this 9 Q. Are you aware of memo from Mr. Coley, 10 ADEM request about mercury. 10 C-O-L-E-Y, in January of '67 in which he 11 A. No, not that 1 recall. 11 says that work has begun immediately to 12 Q. Do you know who worked with BBL in 12 put into effect a plan to investigate 13 formulating this response? 13 mercury concentrations in Snow Creek at 14 A. No, 1 don't know. 14 its confluence with Choccolocco Creek? 15 Q. Do you know who within -- Well, was 15 MR. COX: Object to the form. 16 anyone in your group responsible for 16 A. No. 17 preparing this response to the question 17 Q. (By Ms. Malow) Do you know why Solutia 18 about mercury? Do you know? 18 told ADEM in 1999 or 2000, when asked tc 19 A. Well, the response 1 would assume would 19 account for historic mercury and lead 20 come from either Alan Faust or Craig 20 emissions, that there were likely none? 21 Branchfield, depending on the timing. 21 MR. COX: Object to the form. 22 Q. Right. And since this was '99, it is 22 A. 1 don't see that statement in this 23 Mr. Faust. But would there have been 23 letter. Maybe I'm missing it. Pages 185-188 HARTOLDMON0019012 Page 189 Page 191 1 Q. (By Ms. Malow) Well, was the 1 regarding the Anniston facility on 2 information that Solutia gave ADEM about 2 PCB-related issues? 3 its mercury discharges complete and 3 A. Not that 1 recall. 4 accurate? 4 MS. MALOW: Off the record. 5 MR. COX: Object to the form. 5 [Discussion held off the 6 A. 1 have no knowledge to base an answer on 6 record.] 7 to that question. 7 Q. (By Ms. Malow) When mercury gets into 8 Q. (By Ms. Malow) When did the chemical 8 the aquatic environment, does it 9 industry first become aware of the 9 continue to circulate? 10 dangers of mercury? 10 MR. COX: Object to the form. 11 MR. COX: Object to the form. 11 Q. (By Ms. Malow) Do you know? 12 A. 1 don't know a specific year. 12 A. 1 don't know the specifics of that 13 Q. (By Ms. Malow) When did you personally 13 question. 14 become aware of the dangers with 14 Q. Is mercury a persistent chemical like 15 mercury? 15 PCBs? 16 A. Mercury was a regulated substance in 16 MR. COX: Object to the form. 17 waste water in Sauget when 1 worked in 17 A. 1 would think. 18 Sauget. 18 MR. COX: Mercury is not a 19 Q. How long ago was that, in the '80s? 19 chemical. It is a metal. It 20 A. Yes. 20 is an element. 21 Q. So you have known at least since the 21 Q. (By Ms. Malow) Is mercury persistent in 22 '80s that mercury was a regulated 22 the environment? 23 substance? 23 A. 1 would think it would be persistent. Page 190 Page 192 1 A. In Illinois, yes. 1 Q. Are you aware that ADEM's predecessor, 2 Q. Are you aware that when mercury is 2 which was the Alabama Water Improvement 3 discharged into water it can convert to 3 Commission, found high levels of mercury 4 a highly toxic compound called methyl 4 in sediment and fish near the Anniston 5 mercury? 5 plant site? 6 MR. COX: Object to the form. 6 MR. COX: Object to the form. 7 A. 1 believe it can convert to methyl 7 A. No. 8 mercury. I'm not really familiar with 8 Q. (By Ms. Malow) Are you familiar with 9 the toxicity of that compound. 9 the ADEM report that shows that as 10 Q. (By Ms. Malow) Are you familiar with 10 recently as 1993 some creek fish 11 any of the toxicity studies on PCBs? 11 downstream of Snow Creek exceeded 12 A. No. 12 Alabama's one part per million advisory 13 Q. Have you read any epidemiological 13 for mercury? 14 studies on PCBs? 14 A. No. 15 A. No. 15 Q. Do you know the status of any mercury 16 Q. Have you read any animal studies on 16 testing that's presently being performed 17 PCBs? 17 by Solutia at the Anniston - in the 18 A. No. 18 Anniston area? 19 Q. Have you had any conversations with any 19 A. No. 20 of the experts -- Well, let me come at 20 Q. Are there plans for testing mercury in 21 that another way. Other than BBL and 21 the Anniston area that have been 22 Golder and Associates, have you had any 22 developed by Solutia? 23 discussions with any consultants 23 A. 1 believe there are plans or else they Pages 189-192 HARTOLDMON0019013 Page 193 Page 195 1 may well have already been done. I'm 1 landfills? 2 just not familiar with who. 2 A. No. 3 Q. Do you know who is doing the testing for 3 Q. Do you know into which SWMUs, or however 4 mercury? 4 you guys say it, the mercury was 5 A. What lab? 5 disposed? 6 Q. Is it consultants? Has Solutia hired 6 A. No. 7 some consultants to do that testing? 7 Q. Do you know how much mercury was ever 8 A. 1 believe it was being tested as part of 8 disposed of in the sewage of the 9 an ongoing program, but 1 cannot swear 9 Anniston site? 10 to you that 1 know that for a fact or do 10 A. No. 11 1 know exactly what program. 11 Q. How much mercury was disposed of in the 12 Q. Do you think that more testing needs to 12 drainage ditches at the Anniston site? 13 be done for mercury? 13 A. No. 14 MR. COX: Object to the form. 14 Q. Do you know how much mercury was 15 A. Based upon a comment that Craig made to 15 discharged from the Anniston site into 16 me, 1 would say 1 have no reason to 16 the Anniston environment? 17 think more testing should be done. 17 A. No. 18 Q. (By Ms. Malow) Did Solutia's own 18 Q. Has Solutia done tests to determine the 19 consultants, BBL, state to ADEM that 19 amount of mercury discharged from its 20 Solutia was taking mercury in its 20 facility into the Anniston environment 21 sampling -- soil sampling locations on 21 to your knowledge? 22 Choccolocco Creek near Boiling Springs 22 MR. COX: Object to the form. 23 Road? 23 A. Not to my knowledge. Page 194 Page 196 1 MR. COX: For your information, 1 Q. (By Ms. Malow) Do you know if Solutia 2 that's upstream Snow Creek. 2 has ever reported any release of mercury 3 A. 1 don't know. 3 from the Anniston site to any 4 Q. (By Ms. Malow) Did Solutia detect 4 governmental agency? 5 mercury in twenty-four of the 5 A. 1 don't know. 6 twenty-seven sediment samples from Snow 6 Q. Do you know under what permit order or 7 Creek? 7 direction of any regulatory body Solutia 8 A. 1 don't know. 8 disposed of mercury from its Anniston 9 Q. Do you know what happened to core or 9 facility? 10 deep sediment samples collected in 10 A. 1 don't know. 11 Choccolocco downstream of Snow Creek 11 Q. Has Solutia ever told the Anniston 12 that were scrapped? 12 neighbors that it discharged mercury 13 MR. COX: Object to the form. 13 into landfills on its property or that 14 A. No. 14 mercury went into the Anniston 15 Q. (By Ms. Malow) Do you know what 15 environment? 16 happened to the eight sediment samples 16 MR. COX: Object to the form. 17 collected from Snow Creek that were 17 A. 1 don't know. 18 rejected by the lab? 18 Q. (By Ms. Malow) Has Solutia ever told 19 A. No. 19 Anniston residents the potential health 20 Q. 1 can't remember if 1 asked this 20 and environmental effects of mercury? 21 specifically. If 1 did, I'm sure Buddy 21 A. 1 don't know. 22 will object. But do you know how much 22 Q. Do you know if Solutia or Monsanto has 23 mercury was disposed of in the Anniston 23 ever commissioned any studies regarding Pages 193-196 HARTOLDMON0019014 Page 197 Page 199 1 mercury health effects? 1 MR. COX: Object to form. 2 MR. COX: Object to the form. 2 A. No. 3 A. 1 don't know. 3 Q. (By Ms. Malow) How about in the 4 Q. (By Ms. Malow) Has Solutia ever or 4 drainage ditches? 5 Monsanto ever commissioned any studies 5 MR. COX: Same objection. 6 regarding PCB health effects to your 6 A. No. 7 knowledge? 7 Q. (By Ms. Malow) How about into the 8 MR. COX: Object to the form. 8 Anniston environment? 9 A. 1 don't recall any. 9 A. No. 10 Q. (By Ms. Malow) Was lead used by 10 Q. Do you have any tests that Solutia has 11 Monsanto to produce the raw materials to 11 conducted to determine the amount of 12 manufacture PCBs at Anniston in the '50s 12 lead discharged from its facility into 13 and '60s? 13 the Anniston environment? 14 A. Not to my knowledge. 14 A. No. 15 Q. Would pots of molten lead be needed to 15 Q. Are you aware of whether Solutia has 16 make biphenyl? 16 ever reported any release of lead from 17 A. 1 don't know. 17 the Anniston site to any regulatory 18 Q. Do you know of any processes at the 18 body? 19 Anniston plant that used lead? 19 MR. COX: Object to the form. 20 A. No. I'm not familiar with the Anniston 20 A. 1 don't know whether they have or 21 plant processes. 21 haven't. 22 Q. In your few trips to Anniston did you 22 Q. (By Ms. Malow) Has Solutia ever told 23 ever cover any sort of historical 23 Anniston residents about potential Page 198 Page 200 1 information about the PCB manufacturing 1 health and environmental effects of 2 process at Anniston? Was that a topic? 2 lead? 3 A. Not that 1 recall. 3 MR. COX: Object to the form. 4 Q. Who do you think would have the most 4 A. 1 don't know. 5 knowledge regarding lead that may have 5 Q. (By Ms. Malow) Has Solutia ever 6 been used at the Anniston plant in your 6 commissioned any study regarding lead 7 group, Mr. Branchfield? 7 health effects? 8 A. Yes. 8 MR. COX: Object to the form. 9 Q. Do you know how much lead was disposed 9 A. Not that I'm aware of. 10 of in the landfills at the Anniston 10 Q. (By Ms. Malow) Did Monsanto ever 11 site? 11 manufacture Seran in Anniston? 12 A. No. 12 A. 1 don't know. 13 Q. Do you know in which SWMUs lead was 13 Q. Did Monsanto ever use Seran in its 14 disposed? 14 Anniston facility? 15 A. No. 15 MR. COX: 1 hope not. 16 Q. Do you know why lead emissions are not 16 A. 1 don't know. 17 tracked? 17 Q. (By Ms. Malow) Do you know whether or 18 MR. COX: Object to the form. 18 not PCBs at the Anniston Water Works 19 A. No. Nor do 1 know that there were any 19 site came from Solutia? 20 lead emissions. 20 A. No. 21 Q. (By Ms. Malow) Do you know how much 21 Q. Has Solutia been characterizing the 22 lead was disposed of in the sewers at 22 Anniston Water Works site? 23 the Anniston site? 23 A. My understanding is Solutia is working Pages 197 - 200 HARTOLDMON0019015 Page 201 Page 203 1 with the waste treatment plant, 1 A. No, not that 1 recall. 2 providing them information. 2 Q. Do you know if Monsanto or Solutia has 3 Q. What kind of information? 3 ever been cited, fined, investigated, or 4 A. 1 believe they have suggested a sampling 4 charged by any regulatory body for 5 plan perhaps. I'm not familiar with -- 5 underreporting, misreporting, 6 Q. Suggested a what? 6 falsifying, or otherwise misrepresenting 7 A. Sampling plan. 7 the chemical nature, characteristics, 8 Q. Okay. When was it first known to the 8 health effects, environmental effects, 9 chemical industry that dumping toxic 9 carcinogenecity, mutagenicity 10 chemicals in the neighboring streams 10 teratogenecity, and/or environmental 11 could be harmful to the environment? 11 persistence of mercury, lead, or PCBs? 12 MR. COX: Object to the form. 12 MR. COX: Object to the form. 13 A. 1 don't know the answer to that 13 A. 1 don't know that 1 can answer such a 14 question. 14 broad question. But 1 can state I'm not 15 Q. (By Ms. Malow) Have you seen EPA Region 15 aware of fines or citations having to do 16 IV's environmental response team's May 16 with PCBs or dioxins or furans. 17 2001 report? 17 Q. (By Ms. Malow) Would that be something 18 A. No, not that 1 recall. 18 that would be brought to your attention 19 Q. Do you know what the tiger team is? 19 in your remediation group if there was 20 Have you heard that? 20 such fine or violation? 21 A. No. 21 A. Not necessarily. 22 Q. Have you heard of some people from 22 Q. Who would that generally be handled by? 23 Cincinnati that have been asked to come 23 A. Typically the plant environmental and Page 202 Page 204 1 look at the Anniston site -- 1 plant manager. 2 A. No. 2 Q. Do you know any reason why houses in an 3 Q. --by EPA? You're not familiar with 3 up-scale neighborhood of San Antonio, 4 that? 4 Texas, should be remediated to 5 A. I'm not. 5 background levels for PCB contamination 6 MR. COX: 1 think they're from New 6 but not in Anniston, Alabama? 7 Jersey, but 1 may be mixed 7 MR. COX: Object to the form. 8 up. 8 A. I'm not aware of that circumstance. 9 Q. (By Ms. Malow) Do you know anyone from 9 Q. (By Ms. Malow) Could you think of a 10 New Jersey that's come down to look at 10 possible reason why houses in a San 11 the Anniston site? 11 Antonio neighborhood should be 12 A. Not that 1 recall. 12 remediated to lower levels than houses 13 Q. Has Monsanto or Solutia ever been cited 13 in Anniston, Alabama? 14 or fined for any violations of any state 14 MR. COX: Object to the form. 15 or federal regulatory body in connection 15 A. The remediation levels are set by 16 with discharge of PCBs? 16 regulatory bodies, usually EPA or state 17 A. Not that 1 recall. 17 agencies. They are not necessarily 18 Q. Are you aware of any citation or fine to 18 consistent from state to state. 19 Monsanto or Solutia for discharges of 19 Certainly each site has a number of 20 mercury? 20 unique characteristics which have to go 21 A. Not that 1 recall. 21 into considering any remedial action 22 Q. Same question for lead, dioxin, or 22 levels. 23 furans? 23 MS. MALOW: Let's take a break. 1 Pages 201 - 204 HARTOLDMON0019016 Page 205 1 want to look at my notes and 2 maybe wrap it up here. 3 [A break was taken.] 4 MS. MALOW: All right. Thank you, 5 Mr. Smith. I'll pass the 6 witness. 7 MR. COX: I don't have any 8 questions. 9 10 11 (AND FURTHER DEPONENT SAITH NOT.) 12 13 14 15 16 17 18 19 20 21 22 23 Page 206 August 13, 2001 Mr. Steve Smith C/O Williams. Cox, III, Esq. Lightfoot, Franklin & White, L.L.C. The Clark Building 400 North 20th Street Birmingham, AL 35203 Dear Mr. Smith: This page is incorporated as page 206 of your deposition. Your deposition transcript has been completed and, as per requested, is ready for you to read over. Please do not write on the transcript but make any changes you wish on the errata sheet provided. If there are no corrections, write across the page "no corrections." Please sign the signature page before a notary, and then return the errata and signature pages. Under the Rules of Civil Procedure you have thirty days to read and sign your deposition transcript. If you have any questions, please feel free to call me at (314) 729-0575 and I'll be glad to help in any way I can. Sincerely, Sheila L. Ford, RPR, CSR KRIEGSHAUSER REPORTING & VIDEO cc: Ellen B. Malow, Esq. SIGNATURE PAGE Page 207 STEVE SMITH Subscribed and sworn before me on this day of _ 2001 [NOTARY PUBLIC] My commission expires:. NOTARIAL CERTIFICATE I, SHEILA L. FORD, a Registered Professional Reporter and duly commissioned Notary Public within and for the State of Missouri, do hereby certify that there came before me at offices of Kriegshauser Reporting, 319 N. 4th Street, Suite 322, St. Louis, MO 63102, STEVE SMITH, Who was by me first duly sworn to testify to the truth and nothing but the truth of all knowledge touching and concerning the matters in controversy in this cause; that the witness was thereupon carefully examined under oath and said examination was reduced to writing by me; and that the signature of the witness was not waived by agreement of witness and all parties, and that this deposition is a true and correct record of the testimony given by the witness. I further certify that I am neither attorney nor counsel for nor related nor employed by any of the parties to the action in which this deposition is taken; further, that I am not a relative or employee of any attorney or counsel employed by the parties hereto or financially interested in this action. IN WITNESS WHEREOF, I have hereunto set my hand and seal this the 13th day of August 2001. My commission expires: March 13, 2002 Page 208 Sheila L. Ford Notary Public Pages 205 - 208 HARTOLDMON0019017 [& - activities] & & 1:19 2:14 3:4,7 206:1,1 1 1 43:17 100:14 10 65:23 90:13 10:00 2:14 4:9 100 126:17 100,000 125:17 104 176:17 13 206:1 208:1 13th 208:1 15 8:7,8 184 3:21 1900s 61:20 1958-59 56:18 1960s 149:19 181:2 1967 3:20 6:2 9:11 11:1 1970s 169:14 1974 25:1626:8,1229:11,16 1978 32:19 57:5 1980 58:15 1980s 46:21 149:16 152:16 1984 32:19 1985 17:11 25:21 26:20 1988 27:5 33:20,21 1990 17:12 23:8 1991 35:8 1993 102:10 192:10 Transcript Word Index 1994 5 93 100:14 5 98:8,19 101:11 102:17 1999 3:15,19,20 120:20 185:14 188:^8 50s 94 2 31:16 57:2,7,19 170:3 98:8,19 100:16 101:11 2 185:17 200,000 128:20 2000 188:18 173:4 197:12 58-59 57:3 6 102:17 120:20 96-269 1:6 2:7 99 3:21 186:22 60s 3 126:12 170:3 173:4 197:13 2001 62 a.m. 1:142:144:9 104:16 105:3 81:21 2:14 4:9 105:8 108:23 110:7 118:9 621-4408 abernathy 119:9 201:17 206:1 207:1 1:21 1:4 2:5 208:1 621-4533 abf 2002 1:22 128:8 208:1 63102 able 202 1:21 2:15 208:1 59:11 158:8 171:15 104:20,21 67 abs 206 188:10 128:7,9,13 206:1 69 absolutely 20th 183:13 9:21 3:8 206:1 acceptable 2200 ( 114:13 115:5 146:3,10 3:4 70 accepts 24 81:21 138:1 23:23___________________ 700 access 3 3:4 66:7 167:20 187:11,12 30 118:13 314 1:21,21 206:1 319 1:20 2:15 208:1 322 1:20 2:15 208:1 35203 3:8 206:1________________ 4 70s 57:3,8,10,11,11 72:4 107:7 126:12 127:10 729-0575 206:1 74 30:4,10,13 32:23 77002 3:5 8 8 1:14 2:14 4:8 65:23 90:13 account 188:19 accurate 40:19 189:4 acid 33:12 acquiring 132:16 acre 81:20 acres 31:14 4 80s act 3:21 185:13 62:23 63:6 125:8 127:11 14:15 15:2,19 17:18 40 143:16 152:16 189:19,22 action 122:14 85 1:6 2:6 77:21,22 97:8 400 30:5,10,13 32:23 137:10 138:21,22 204:21 3:8 206:1 88 208:1,1 40s 34:4 actions 57:18 89 142:8 45 23:8 active 122:14 131:8,11,23 132:5 4th actively 1:20 2:15 208:1 90s 107:8 132:5 activities 91 45:19 94:21 95:3 149:5 35:19 36:1,3 HARTOLDMON0019018 [activity - areas] activity agreed anniston (cont.) appear 123:22 4:3,11,19 156:20 175:22 97:23 98:6,18 100:23 101:8 20:6 actual 176:6,14 102:15,19,23 103:4 104:2 appearance 64:21 84:8 114:2 170:9 agreement 105:22 106:2,8,12,15,18 22:10 adam 75:16 118:20 174:7 208:1 107:16 108:1,4 109:3,10,16 approach 111:6,8 agreements 110:6,16 111:19 114:19 154:2,10 adams 104:5 142:2 120:9,18 132:21,23 133:5 approached 39:1 ahead 133:11,16 134:1 135:3,9,12 174:2 additional 44:15 70:12 150:19 136:13 138:18 139:19 appropriate 66:12 air 140:10 141:8 144:1,5,14 148:15 154:9 169:23 addressed 62:4 77:2,4,13 108:3 145:1,6,14 146:9,13,16,21 appropriateness 82:14 111:20 145:22 146:5,9 147:9,18 148:16 149:8,12 148:18 adem airport 150:10 155:14 157:20 approval 3:22 105:19 106:2,15 108:6 120:13 158:7 162:16,20 167:9 146:21 148:9 138:1 142:1 155:4,9,13 al 168:17,22 171:7 174:9,15 approve 163:17 169:14 184:9,12 1:4,7 2:5,8 206:1 176:13,18,23 177:21 178:1 147:14 185:12 186:10 187:15 alabama 178:13 179:1,15,17,17 approved 188:18 189:2 192:9 193:19 1:1,2 2:2,2 3:8 55:13 86:9 180:15 181:2 182:19,22 149:9 adem's 98:13 99:5,7 102:2 106:6 183:6,8,11 187:19 188:7 approximately 183:21 186:3 192:1 143:14,19 192:2 204:6,13 191:1 192:4,17,18,21 24:17 25:21 31:14 32:18 adjacent alabama's 194:23 195:9,12,15,16,20 86:6 92:9 110:9 126:16,17 56:11 64:23 66:10,11 88:9 192:12 196:3,8,11,14,19 197:12,19 127:20 118:6 133:11 163:6 alan 197:20,22 198:2,6,10,23 april administrative 39:1044:1260:15 114:7 199:8,13,17,23 200:11,14 100:14 110:10 111:14 38:21 186:20 187:4,6 200:18,22 202:1,11 204:6 112:7 113:9 117:1 118:9 administratively allegation 204:13 119:5,7,9,23 145:10,11 43:19 17:23 18:3 answer 165:19 admitted alleviate 9:16 28:1 45:16 50:15 aquatic 183:1 63:8 59:12 69:12 85:18 93:1,5 191:8 advice allowed 108:16 115:7,13 131:7 aqueous 84:3,4 76:12 135:20 138:3,11 150:18,20 142:16,20 advised ambient 156:19 189:6 201:13 area 179:2 180:4 146:4 203:13 28:13 33:7 34:16 44:10,13 advisory amec answered 44:18,19 45:6 46:16,16,20 74:16,21 114:23 115:1,10 67:14,17,20 69:23 150:16 47:3,11,11,14 50:17,17,21 115:16 116:5,14 192:12 american antonio 50:21 51:5,6,7,8 52:1,8,13 affiliation 18:12,14,15 19:8 26:22 204:3,11 52:17,18 53:4,13,23 54:3,6 18:23 19:7 27:7,17,21 28:7,17 29:4 anybody 54:13,21 55:15,18 56:1,21 affirmatively 30:5 32:20 33:18 10:23 86:15 92:15 105:1,22 59:22,23 60:15 61:14 62:8 108:13 amount 106:6 146:22 149:2 187:1 62:12,19 64:2,10,11,14 affirming 16:11 21:8,12 102:5 122:15 anyway 66:3 67:2,4,13 68:2,11,13 141:3 148:22 163:1 177:12 80:3 74:14 76:19 78:18 81:19 afternoon 195:19 199:11 aoc 85:17 88:22 91:22 101:10 120:6 amounts 67:7 104:5 142:6 162:22 112:21 132:23 133:5 age 180:21 167:17 174:12 176:7,14 134:21 138:18 141:17 5:8 analyses apologize 146:13 150:10 152:9 153:8 agencies 150:5 73:15 154:13,17 162:16 171:7 63:13 204:17 analysis apparently 174:9 175:1 182:19,22 agency 47:21 137:15 185:18 192:18,21 196:4 analyzed appeal areas ago 144:2 116:10 41:20 43:5 52:1,2,2 53:23 12:7,11 81:6 97:14 131:10 animal appealed 62:18 64:1 79:12 81:22 135:14 189:19 190:16 115:22 94:20 97:7 103:7,9 104:15 agree anniston appealing 119:20 157:3 168:16 69:15 134:11 157:1 39:8,22 41:9 42:4 43:16 115:16 177:12 55:12 66:23 72:5,12,16 HARTOLDMON0019019 [arsenic - break] arsenic august (cont.) bbl billing 133:12 208:1 106:22 107:1 110:21 114:5 27:16 article authored 145:5 186:12 187:8,12,14 biologist 178:1,5 179:18 182:12 188:6 190:21 193:19 5:23 asked authority becoming biphenyl 21:12,1744:1 73:1495:16 146:18 147:19,22 148:14 155:8 180:13 197:16 96:9 122:4 150:15 175:6 148:23 149:3 bedrock birmingham 177:10 188:18 194:20 average 68:23,23 3:8 120:12,13 121:2 206:1 201:23 154:16 began bit asking aware 31:15 90:7 135:12 11:10 9:7 46:13 80:17 96:10 5:19 11:5 30:21 35:1,5 begins blew 158:23 49:17 77:8 92:13 94:19 185:12 22:22 aspects 97:1 143:13 164:11 168:10 begun blocks 169:22 169:17 174:21 178:9,23 188:11 49:11 93:17 assessment 182:5,21 188:9 189:9,14 behalf bob 77:1 169:4 190:2 192:1 199:15 200:9 1:132:135:9 22:3 123:15 108:5 144:4 assign 202:18 203:15 204:8 believe bob's 4:15 b 14:10 18:8 19:18 20:2,22 43:6 123:20 124:23 125:5 assignment harhplnr'c 26:15 43:7 55:14 57:10 125:16 127:13,15,18 144:9 101:5,6 102:22 assistant 38:21 assisting 27:13 associated 12:11 14:1751:1753:15 54:4 62:1 65:20 80:19 94:21 95:3 associates 68:14 114:10 190:22 assume 5:21 6:13 9:8 20:18 36:8 38:3 40:2 57:22 81:17 115:9 123:5 125:9 138:5 140:1 157:18 158:5 160:18 170:21 186:19 assumed 131:5,12 132:7 assuming 60:4 158:1,3 166:17 168:20 assumption 6:5,9 49:23 157:13 166:20 assumptions 9:13 atmosphere 30:22 attended 149:7 167:9 attention 203:18 attorney 143:13208:1,1 attorneys 25:8,14 26:2,6 back 11:1 25:5 41:19 43:1 44:17 46 20 54 6 61 8 62 23 71:19 75:6 85:14 96:3 98:22 99:3,4,17 101:2 102:2 107:3 120:6,14,20 132:21 143:15 164:12 173 4 175 9 23 176 3 181:19 182:14 background 84:6 204:5 backwards 11:10 ball 61:1666:1 112:18,23 113:8 150:14 151:1,16 153:6,13 154:19,23 155:3,19 bark 14612 base 189:6 based 819 1619 76 23 89 1 103:23 109:14 115:15 141:7 146:3 148:19 164:12 169:21 193:15 basically 33:3 45:23 48:5 60:12 66:10 101:4 103:21 107:9 112:2 113:16 117:12 154:16 166:23 basics RQ-Q 63:17 66:18 68:9 69:22 70:2 72:3 73:13 74:18 76:4 76:14 77:20 79:3 82:11,17 82:21 84:2 85:7,12 90:7,13 91:21 93:23 94:2 95:10,15 97:14 100:3 101:15 102:20 106:23 110:21 111:9,12 112:10,17 114:7 115:3 116:21 118:19 125:1 126:12 129:4 130:19 132:12,13 134:10 135:14 140:14,17 145:18,23 157:6 161:3 164:5 176:14 178:15 183:19 190:7 192:23 193:8 201:4 bell 111:7 belleville 19:22 20:3,18,19 23:10 benefit 117:22 118:1,2 benson 3:4 benzene 61:5 best 40:2 73:20 93:1 177:11 180:1 better 46:17 171:15 beyond 159:1 big 31:1333:1587:11 166:19 bodies 49:21 63:20 74:14 104:8 114:19 157:11,15,20 158:4 204:16 body 158:14 196:7 199:18 202:15 203:4 boiling 193:22 boss 101:21 bottom 27:7 58:19 bottoms 18:12,15,16 19:8 26:22 27:8,9,18,21 28:7,17 29:4 30:5 33:18 bought 22:20 96:23 132:9,12 branchfield 23:22 39:2,7,10,13,21 43:15 103:3,16,19 104:7 105:2 108:23 109:15,23 110:17 113:5 134:7 136:8 146:18 148:13 165:3,6,12 179:14,20 180:3 186:21 198:7 branchfield's 147:19 brand 104:13 breach 22:18 break 11:16 165:13 august 1:14 2:14 4:8 43:17 206:1 basis 169:6 177:20 bill 176:8 69:3,5 70:3 121:15,17 145:19,20 184:5 204:23 205:3 HARTOLDMONO019020 [bridgeport - cleanup] bridgeport called 80:12 28:13 190:4 brief candidate 47:20 121:11 185:15 40:3 briefly cap 44:7 179:16 32:4 129:3 bring capability 11:9 70:20 73:1,7 brings capacity 33:19 180:23 brio capped 12:12,15,20 13:10,16 14:5 31:23 14:13 15:1840:11,23 43:3 capping 100:15,19,21 121:6,14,19 97:17 125:21 122:5,7,12,18,23 123:4,17 caps broad 95:21 50:14 79:18 109:6,9 203:14 capturing brought 138:23 17:6 22:13 203:18 carcinogenecity brown 203:9 114:6 145:5,8,13 career buddy 19:14 46:18 70:15 80:5 179:11 carefully 194:21 208:1 buddy's carriers 89:1 91:6 16:1,8 22:4 budget case 71:15 147:13 12:8,11,15 13:10,13,19 budgeted 14:8 15:3,23 17:14 19:21 65:21 90:12 149:4 162:15 20:9,13,21 21:2,6,13,15,21 162:18,21 22:15,1823:1,5 71:17 budgets 142:13 169:6,6 174:1 147:1,2,7,10 149:8,11 cases build 14:11,16 15:5,19,20 17:2 66:13 75:18 96:8 182:2 83:13 building cause 3:8 64:22 118:6 151:12 208:1 206:1 caused buildings 159:10 96:22 causes built 158:14 88:18,20 96:17 cc buried 206:1 31:3 152:14,18,21 153:1 cell 176:21 64:23 65:5,7,18,22 66:13 buy 75:3,5,14,18,21 76:3 88:9 173:13,22,22 88:12,17 89:9,11 90:7 c rahnkia 28:12,14 ralhnnn 1:2 2:2 call 29:7 48:11 49:1 83:14 131:8 179:16,19,22 206:1 91:15 96:9,16 179:7 cells 177:20 ceo 160:9 cercla 77:19 175:3,16 certain 7:10 14:20 77:11 142:7,8 certain (cont.) chlorobenzine 148:22 169:21 175:15 61:5 certainly chlorophenol 6:20,22 41:18 42:12,20 19:19 83:14 86:20 140:1 143:6 choccolocco 144:11 166:1 176:6 204:19 6:2 7:12 10:18 104:9 certificate 113:14 117:19 118:7 208:1 141:13 149:22 163:15,19 certify 164:4,9 177:6 188:14 208:1,1 193:22 194:11 chance Cincinnati 23:13,15 184:20 128:1,15201:23 change circuit 30:10 1:1 2:1 changed circulate 30:11 33:2,10 102:1 191:9 changes circulated 206:1 108:10 characteristic circumstance 59:16 204:8 characteristics circumstances 203:7 204:20 6:10 14:20 134:16 154:6,9 characterization 159:5 48:6 citation characterize 202:18 153:14 citations characterized 203:15 153:12 cited characterizing 202:13 203:3 200:21 city charge 5:1 28:13 49:11 122:7,21 11:4 90:3 126:7 charged civil 203:4 1:6 2:6 25:10,13 206:1 chart claim 107:10,15 113:19,21 114:2 5:20 20:14 21:2 22:16 116:13 clarify cheaper 9:5 27:12 163:13,22 173:13 dark chemical 3:8 206:1 7:23 28:22 30:20 47:21 clay 51:18,19 53:16 79:19 86:8 32:1 62:22 189:8 191:14,19201:9 clean 203:7 5:16 6:17 8:22 9:9,20 17:17 chemicals 46:10 62:18 76:12 125:15 45:20 124:11,13 201:10 154:22 156:14,21 157:3 Chicago 159:12 161:8 173:15 23:12 60:14 cleaned chloralkylide 6:441:16,1743:11 76:6 78:11 133:18 180:16 156:6 161:6 chlordane cleanup 74:18,20,22 7:1 12:20 42:18 44:9 45:11 chlorine 50:8,12 61:13 62:1,8 64:9 78:14 178:23 179:8 180:13 64:13,21 80:6,18 82:13 181:1 183:12 83:5 84:23 85:6 89:14 91:20 95:23 96:13 97:12 HARTOLDMONO019021 [cleanup - correct] cleanup (cont.) company (cont.) considering continue 99:23 112:13 113:13 122:5 158:18 204:21 116:7 191:9 122:12 123:9,13 125:18 comparable considers continues 126:15 127:18 128:18,21 168:20 77:20 116:9 154:18 155:3,18 156:1,17 compare consist continuing 162:15,19 174:8 168:17 44:19 10:6,17 close compares consisted contract 49:9 93:15 120:13 146:10 112:15 7:22 closed complete consistent contractor 57:4 88:5 180:18 183:13 184:13,14 189:3 204:18 15:8 coarse completed consists contractors 134:22 90:9 206:1 44:21 81:20 184:7 14:17 15:6 175:2,18 coarser completely consolidated contribute 68:22 138:23 1:7 2:7 67:19 coley comply constituent contributed 188:2,9 157:7 158:22 122:1 183:15 64:9 colleague components constituents contributing 111:4 148:11 60:20 61:3 65:17 collected composite construction control 194:10,17 153:18 154:1,10,11,15 90:7 170:9 171:16 173:11 collecting compound consultant controversy 116:20 190:4,9 46:20 68:6 106:20 134:6 208:1 column concentrated 149:23 convenient 167:23 155:10 consultants 120:23 coming concentration 46:21,23 47:17 67:12,14,22 conventional 124:21 176:3 107:11 146:4 68:1,3,12 110:19 113:22 137:13,19 comment concentrations 114:4,8 136:5,10 148:21 conversation 193:15 107:13 188:13 165:18 177:10 190:23 165:4 179:13 180:2,4,10 comments concern 193:6,7,19 conversations 186:3,5 61:3 139:10 142:23 183:16 consultations 23:21 24:11 105:21 106:1,5 commercial concerning 106:11 109:23 110:3 144:4 145:4 93:11 96:10,12,22 104:23 208:1 contact 145:13 165:10 190:19 commission conclude 90:2 101:7 convert 143:20 192:3 207:1 208:1 109:13 contactors 190:3,7 commissioned concluded 14:18 cook 196:23 197:5 200:6 208:1 109:18 containing 20:22 commissioner concrete 138:8 141:1 cooperation 4:7,20 165:23 166:12,15 167:1,13 containment 75:18 common 168:3 64:23 65:7,18,22 75:3,5,14 coordination 28:13 170:4 173:5 conditions 75:20 76:2 77:16 88:9,17 40:13 communication 77:11 89:9 91:15 96:9,16 copy 83:15 conducted contaminant 174:16 communities 119:11 199:11 41:9,16 152:2,23 core 160:16 confer contaminants 194:9 community 148:5 149:1 14:4 152:1 corners 118:2 160:5,11 confluence contaminated 161:23 162:3 community's 188:14 60:18 86:13 92:10,17,22 correct 155:13 connection 94:3,9 113:3 141:6 150:23 6:5,9,14 8:1,2 13:6 16:14 comp 176:18 202:15 151:3,11 152:21 156:2,10 30:6 38:5 39:8,20 40:6 14:21 consent 157:3 161:14 162:10,12 41:1043:1348:10,18 51:5 companies 67:5 82:14 167:21 52:9,10 55:6 58:22 60:1,6 16:21 conservation contamination 70:21 96:1,2 108:14 121:21 company 117:2,16 118:12 163:12,13 10:7,11,17 104:8 109:3,10 122:2 123:20 129:12,13,21 1:7 2:8 7:23 22:4 52:11 163:22 109:16 141:12,21 143:15 139:20 149:12 150:1,2 65:16 83:4 98:13,22 99:5,8 considered 144:13 204:5 155:21 160:19 171:23 102:3 130:15 155:18 157:2 39:18 40:2 166:2 169:5,9 187:5 208:1 HARTOLDMONO019022 [corrections - deposition] corrections cox (cont.) culvert decree 206:1,1 132:11 134:15 136:1,23 167:1 67:6 corrective 137:5,11,16 138:10 139:3 currently deep 138:21,22 154:3 164:14 139:15,23 141:2,9,14,22 67:9 68:9 129:2,17 147:6 137:8 194:10 corridor 142:22 143:5 146:6 148:1 172:19 defendant 117:2,9,17,19 118:4,12 150:3,15,19 151:19 153:22 cv 18:7 163:12,14,22 154:5 155:15 156:7,22 1:6 2:7 defendants cost 157:5,12,23 158:11 159:4 cycle 1:8 2:9 3:6 16:19 22:23 61:9 63:2,16 159:14 160:2,7,17 163:7,10 181:19 define 64:16 65:17,20 67:19 90:11 163:16 164:16 165:7,16 d 41:6 90:12 95:17 96:18 118:21 118:23 130:14,17 166:11 175:2,17 costs 16:22 148:12 175:15,23 176:1,4,6,10,13,15 counsel 4:4,13,14 208:1,1 country 38:1341:13 county 1:1,2 2:1,2 couple 69:8 96:6 124:14 178:6 course 28:11 34:10 141:15 170:6 184:15 courses 84:10,12,14 court 1:1 2:1 cover 32:2 62:22 69:8 121:4 171:2 197:23 coverage 22:2 covered 22:9 97:20 102:16 150:12 170:14,19 covering 166:17,21 168:1 169:2,16 171:3,8,17 172:5 173:3,19 174:20 175:4,7 176:5 178:11,17 181:11,16,22 182:4,10,20 183:3 184:6 185:1,22 188:15,21 189:5 189:11 190:6 191:10,16,18 192:6 193:14 194:1,13 195:22 196:16 197:2,8 198:18 199:1,5,19 200:3,8 200:15 201:12 202:6 203:12 204:7,14 205:7 206:1 craig 23:22 39:1 43:15,17 103:3 105:4 110:17 113:5 134:7 147:10 148:13 165:3 186:20 187:4,7 193:15 creating 88:8 creek 5:16 6:1,2,4,17 7:12 8:23 9:10,20 10:5,16,18 44:22 44:23 50:2,5 65:1,4 66:7,11 74:2,5 75:2,13 76:1,5,13,19 79:2 96:8 104:9,9,12,22 109:21 113:13,14 117:19 140:12,13,16,20 141:1,6,11 141:13,20 142:3,14,18 143:11,15 147:22 149:15 damage 20:14 21:2 dangers 189:10,14 dark 111:11 data 60 9 74 8 10614 17 19 107:1,4,10,23 108:4 113:17 113:23 115:15,17 116:18 116:20 146:12 158:5 date 50 8 6113 64 13 dated 185:13 day 42:22,22 103:5,14 119:22 120 2 207 1 208 1 days 206:1 dead 44:23 50:2,5 65:1 66:11 741 4 75 2 13 76 1 5 12 19 79:2 deal 4821 dealing 3414 22 111 20 dealt 348 defined 44:10,18 50:22 definitely 43:14 59:19 120:21 180:17 definition 10:11 15:14 58:14 59:4,6 59:10,13,15 degree 25:8,10,15 26:2,7 delaware 80:11 81:1,7,8,14 82:5,8,13 83:21 84:22 85:5,17,21 87:14 demonstrate 138:7 density 32:3 65:11,13 denying 140:22 141:3 denzel 5:22 7:14 department 33:12 34:12 82:15 83:11,17 83:23 85:10 86:11 89:4 106:7 118:15 187:1 departments 61:21,23 depend 10:10 depending 170:20 cox 3:7 5:18 6:7,18 8:4 9:1,4 10:9,20 11:6 16:1523:15 27:10 30:23 31:5 34:17 42:1945:13,1546:11,13 49:5,16,22 50:10 51:2,22 55:20 56:22 57:17 58:13 59:1,7,11 60:19 62:20 69:3 70:10,16,19,22 71:1,9 72:14 73:3,8 76:9 77:9 78:7 79:10 80:16 81:15,18 93:14 98:15 99:10,21 102:12 105:12 108:16 109:4,11,17 111:4,8 114:16,21 115:6,12 115:23 116:6,16 121:15 149:19,22 163:6,15,19 164:4,9,10,12,13,15,20,21 164:22 165:1,15,23 166:9 166:12,14,16,17 167:4,8,15 168:4 169:10 177:4,6 178:10,16 180:6 188:13,14 192:10,11 193:22 194:2,7 194:11,17 critical 77:22 crockett 143:19 csr 4:6 206:1 cubic 75:11 86:7 92:10 dear 206'1 decades 170:3,12 decide 83:4 134:13 decided 7610 14 decision 91:18 116:11,17 148:3 162:9 163:18 168:11 170:22 decisions 146:19 162:7 171:11 decreasing 107:11 15:14 186:21 depends 83:13 134:16 154:6 deponent 205:11 deposed 15:22 17:3,5 18:1021:1 22:12 deposes 5:9 deposited 78:16 85:16 91:14 124:7 125:11 126:23 127:2 deposition 1:122:134:5,16 11:15,21 11:22 12:5,14 13:10,15 HARTOLDMONO019023 [deposition - electric] deposition (cont.) difference disposal duly 14:7 19:1521:20 23:4,11 153:20 81:19 82:9 85:17 161:19 208:1,1 23:16,22 24:3,5,7,9,12 69:7 different dispose dumping 70:7,11,20 206:1,1,1 208:1 6:20,23 9:22,22 33:11 52:12,19 125:5 126:4,10 201:9 208:1 36:23 41:20 45:21 65:10 171:14 172:3,11 duties depositions 68:3,4 112:1 114:1 124:12 disposed 30:15 40:7 14:12 15:18,21 19:11 22:8 175:5,7 31:18 32:12 53:5 62:15 dye 71:16 differential 73:17 81:14,23 82:4 86:8 133:2 depth 118:21 92:9 130:9 194:23 195:5,8 e 135:1 describe 88:17 description 185:15 design 26:11 30:9 32:22 33:6 65:8 65:15 75:10 88:20 89:12 170:11 designated 51:1552:1 designations 56:1 designed 135:16 detail 15:16 42:2 44:16 45:10 details 80:6 100:4 136:3 detect 76:7 77:3 194:4 detected 74:1 112:14 136:15,19 138:6 146:15 detection 28:4 138:12 detections 74:13 determination 127:9 determinations 147:20 determine 47:23 48:4 109:20 148:14 195:18 199:11 determined 138:20 148:19 151:6 157:17 164:14 174:12 developed 117:20 192:22 devices 77:2 dichloro 34:12 dichlorobenzene 33:13 differently 36:12 dig 97:21 dioxin 152:7,17 202:22 dioxins 152:9 203:16 direct 3:15 5:11 8:7 37:16 38:20 43:10 44:8 direction 64:15 75:17 89:3 196:7 director 36:17 37:2 disagreement 17:21 discharge 159:20 178:16 181:9 202:16 discharged 10:14 159:9 178:10 182:8 190:3 195:15,19 196:12 199:12 discharges 28:21 183:2 189:3 202:19 disclose 122:22 discovered 98:13,16 99:8,11 133:13 discretion 149:10 discussed 24:6 113:10 117:4 118:9 119:3 145:2 147:11 165:17 167:8 179:16 discussing 84:17,19 discussion 8:12 104:11 113:12,15 115:15 116:23 117:6 167:17 185:2 191:5 discussions 76:17 171:10 190:23 dismantled 62:10 182:9 195:11 196:8 198:9,14,22 distance 49:12 distribution 108:11 ditches 195:12 199:4 diverting 169:9 divided 36:11,12 document 8:5 9:10 47:19 70:15 184:9 184:11,12,21 185:5 186:2,3 documents 17:19 45:22 70:6,20,23 71:4,8 176:7 187:12,18,21 doing 7:1 27:6 33:3 34:19 64:15 68:12 69:7,19 159:18 193:3 dollar 16:11 21:790:14 dollars 22:23 63:3,18 64:19 122:14 126:18 131:22 doubt 93:4 douglas 11:13 downstream 10:7 180:6 192:11 194:11 dr 5:15,19,22 7:21 8:15,22 9:9 9:14 11:1,5 145:2 182:23 drainage 7:12 181:14 195:12 199:4 dredge 163:15,23 168:12 dredging 63:19 164:8 dried earlier 38:3 45:4 84:5 121:23 149:21 163:11 early 19:14,14 57:8,9 61:20 98:8 121:1 125:8 127:11 169:13 earmarked 86:17 easements 117:14 east 28:10 easy 22:11 ed 82:21 educate 103:21 education 25:7 104:13 eeia 64:16 effect 168:14 188:12 effectively 139:20 140:5 effects 144:15 196:20 197:1,6 200:1,7 203:8,8 effluent 28:15,19 effort 89:14 efforts 44:12 83:9 eight 32:1 47:18 62:22 64:5 93:17 127:20 194:16 eighty 126:17 131:18 either 88:11 drive 103:10 119:10,14 drove 103:9 104:12,18 167:14 17:6,20 54:19 59:15 73:18 76:15 84:8 94:13 112:10 116:21 129:2 186:20 electric 168:12 HARTOLDMONO019024 [element - falsifying] element environmental (cont.) exact experts 191:20 87:7 89:4 132:10 188:3 21:7 72:1 83:2 87:8 142:12 190:20 eliminating 196:20 200:1 201:16 203:8 exactly expires 142:9 203:10,23 27:6 36:15 44:19 77:23 207:1 208:1 ellen epa 100:7 107:3 165:19 193:11 explain 3:3 11:15 59:8 206:1 17:6,6,21 21:20 44:11,18 examination 5:13 6:5 65:6 emelle 46:8,19 47:8,17 53:8 60:10 3:12,14,15 5:11 208:1 explanation 75:15 86:9 91:16 113:4 60:13 64:15 67:7 77:20 examined 6:14 121:11 151:4,7 156:11 161:21 89:3 104:4 105:15,16,22 2:13 5:8 208:1 expressed emergency 138:20 139:10 140:4 146:2 example 139:10 77:21 174:8 155:2,7 162:11 163:17 34:19 84:22 85:1 147:20 extensive emissions 168:10 169:6 174:8,15,23 148:16 149:16 159:7 168:2 170:7 183:6 188:6,20 198:16,20 175:23 176:8,9,17 201:15 168:5 170:6 175:17 extent employ 202:3 204:16 excavate 83:18,23 109:2,9,15,21 87:12 epidemiological 147:21 146:1 183:19 184:13 employed 190:13 excavated extremely 208:1,1 equipment 32:8 75:1 113:2 99:8 143:8 employee 22:21,22,22 60:12 excavating eye 134:6 208:1 eroding 118:5 143:11__________________ employees 63:14 20:1521:10 160:16 161:2 erosion employer 63:9,12 14:22 errata employment 206:1,1 19:2 esq encompass 206:1,1 45:3 60:7 essentially encompassed 20:14 22:16 25:11 66:7 51:7 68:21 79:13 84:12 96:15 encompasses 100:16,18 103:5 117:21 60:3 120:5 engineer established 30:14,17 32:17 146:3 engineered establishments 62:22 64:6 65:14 104:23 engineering estimate 25:9,9,11 32:23 49:11 61:1764:17 122:13 ensure 131:4,18 160:14 estimated entire 90:9 8:5 29:20 30:8 64:7 186:1 estimates entities 147:1,8 177:11 96:22 114:1 117:7 127:17 et entitled 1:4,7 2:5,8 7:9 168:22 etowah entrenched 1:1 2:1 42:15 evaluation environment 164:13 34:15 118:3 191:8,22 everett 195:16,20 196:15 199:8,13 94:16,16 95:5,10 201:11 evidence environmental 4:17 54:14 55:17 56:2 16:3,9,19,22 25:12 30:14 63:11 30:16 32:16,22 34:1,2,4,5,8 evolved 35:3,7 36:17 37:2,7 62:3 170:2,12 82:15 83:3 84:12 85:7 87:6 excavation 112:17,18 exceed 115:5 exceeded 192:11 excess 114:18 exclusively 41:14 exhibit 7:3,8 8:16 70:14 149:21 184:2,7,22 185:9 exhibits 3:17 5:3 existence 32:7 expect 131:10 136:8 173:18 180:21 expected 6:23 42:21 77:7 expend 148:23 expended 50:11 122:10 126:14,19 128:17 expenditures 63:23 expense 64:13 expenses 16:9 expensive 22:20 130:14 173:10 expert 137:17 143:6 f facilities 10:2 48:20 100:19 125:12 162:11 facility 15:13 19:6,8,10 20:15 26:22 28:16 29:5,10,11,15 29:20 30:22 31:4 32:13 48:9,22 49:3,14 50:9,13,16 56:7 64:7 68:16 73:17 77:14,16 78:2,12,17 86:9 87:10,11,1491:1694:17,20 122:8 124:19 126:1,5,11,16 127:7 128:2,13,16 133:12 133:16,18 135:2 136:17 140:11 144:1,14 145:1,7 147:9 153:3 161:19 162:8,9 169:10 172:22 173:2 178:9 178:15 180:17 191:1 195:20 196:9 199:12 200:14 fact 46:23 86:6 91:4 94:19 96:5 116:10 123:6 136:20 141:7 147:7 160:13 166:1 174:6 193:10 fair 59:8 87:22 fairness 43:9 fall 45:6 false 139:4 falsifying 203:6 HARTOLDMONO019025 [familiar - full] familiar fifteen fish (cont.) form (cont.) 42:5 80:13,18 86:2,5 61:22 116:14 118:11 141:12 159:14 160:2,7,17 163:10 132:22 133:10,23 143:18 fifty 168:16 192:4,10 163:16 164:16 165:7 168:1 150:4 151:22 161:6 162:1 75:10 five 169:2,16 171:3,8,17 172:5 165:22 169:12 175:21 figure 74:9 81:20 131:22 137:22 173:3,19 174:20 175:4 176:11 177:15,23 182:1,15 28:5 153:9 172:8 176:5 178:11,17 181:11,16 183:8,21 190:8,10 192:8 figures flight 181:22 182:10,20 183:3 193:2 197:20 201:5 202:3 96:20 120:3 121:1 188:15,21 189:5,11 190:6 far file flood 191:10,16 192:6 193:14 17:4 56:7 62:17 69:8,21 14:23 45:20 153:6,10,10 163:6 194:13 195:22 196:16 85:4 93:14 122:11 125:14 filed florida 197:2,8 198:18 199:1,19 126:14 130:12 142:9 11:1820:1,17,1922:6 23:8 87:23 89:3 200:3,8 201:12 203:12 147:16 filing flow 204:7,14 fault 4:20 139:12 formats 139:8,13,17 fill flowing 6:23 faust 112:19 139:6 formed 3:21 39:11,15,16 44:13 filter fly 67:5 166:4 60:15 185:14 186:20,23 61:1 137:14,20,22 120:6 former favor filtered follow 44:21 45:2 46:22 50:22 166:3 136:19 138:2 6:16 7:1 8:21 160:4 51:8,16 54:7 188:3 favorable final foot formulating 116:8 3:20 7:9 77:17 62:22 64:5 186:13 fax financially ford forty 1:21 174:16 156:17 208:1 2:15 4:6 206:1 208:1,1 69:1 86:6 92:9 fda financing forecast forward 114:13,18 115:5 155:20 147:14 122:22 feasibility find forecasted found 67:8 142:7 181:19 149:4 162:21 79:1 91:2,5 102:11,21 february finding forecasts 112:23 118:18 137:3,8 24:17,19 102:21 103:8 21:9,11 147:1,2,8 149:8,11 140:15,17 150:9,14 152:6,9 104:16 105:3,7,17 107:17 findings foresman 153:5 154:19 156:14 108:23 110:1,7 119:16 11:1 47:16 24:12,14 36:5 38:2 101:19 161:11 163:5 164:19 120:15 fine 147:6 165:14 169:14 180:5 192:3 federal 8:10 9:2 68:21 69:7 202:18 foresman's four 17:21 109:19 202:15 203:20 24:21 36:8 38:4,8 12:7,10 112:18 137:21 feed fined forget 194:5 88:4,10,11,15 202:14 203:3 148:12 fowler feel fines forgot 114:7 109:1 206:1 203:15 84:4 96:3 frame feet firm form 17:12 23:9 24:20 30:13 32:1 69:1 144:10 3:3,7 13:12 20:20 21:15 4:145:186:7,18 9:1 10:9 33:1 56:19 57:3,7 71:23 felder 51:13 10:20 11:6 16:15 30:23 72:1 98:8 119:7 125:3 23:18 36:7,8,17,23 37:8 firmly 34:17 42:19 45:13 46:11 126:9 134:18 145:11 43:19 93:2 103:2,20 110:11 143:1 49:5,16,22 50:10 55:20 franklin felder's firms 57:17 58:13 59:1 60:19 3:7 206:1 36:16 110:20 62:20 72:14 73:3 76:9 77:9 free ferguson first 78:7 81:15 98:15 99:10,21 206:1 5:15,19,22 7:14 9:9,14 6:8 11:7,11 35:1542:5 102:12 109:4,11,17 114:16 frequently ferguson's 80:11 86:15 98:5 108:17 114:21 115:6,12,23 116:6 154:11 7:21 8:15,22 11:1,5 120:15,19 178:6,8 185:13 116:16 132:11 134:15 friedman field 185:20 189:9 201:8 208:1 136:1,23 137:5,11,16 3:4 143:7 150:14 151:1,16 fish 138:10 139:3,15,23 141:2,9 front 153:6,13 154:19 34:20 74:13,16,21 91:22 141:14,22 142:22 143:5 176:2 fields 106:14,17,19 107:2,4,10 146:6 148:1 150:3 153:22 full 28:14 96:15 112:18,23 111:21 113:17 114:14,17 154:5 155:15 156:7,22 6:1 100:18 186:9 154:23 155:3 114:22 115:1,4,10,16 116:5 157:5,12,23 158:11 159:4 HARTOLDMONO019026 [functionally - hours] functionally 43:18 functions 40:13 funding 127:21 funds 149:10 furans 202:23 203:16 further 183:22 205:11 208:1,1 g gary 68:6 gears 121:3 140:9 gene 188:2 general 35:1044:1747:17 112:16 117:6 130:5 143:13 144:8 155:6,7 163:23 164:2 168:11 170:17 171:12 generalized 172:6 generally 15:1 203:22 generate 171:22 generated 47:18 92:11 94:4,8 128:14 132:16 genesis 145:16 gentlemen 5:14 geology 132:22 134:9 169:22 georgia 162:5 getting 26:1,6 102:1 146:21 170:8 give 13:15 25:6 26:5 33:15 36:19 71:6 74:7 85:1 129:14 154:15 given 11:21 14:7,12 15:20 24:2 69:6 71:17 116:12 167:19 187:12 208:1 giving 24:4 glad 206:1 go guy heard 8:3,8 11:1029:1 42:2 44:15 143:18 55:8 99:11 143:12 162:5 53:2 61:8,10 68:23 70:12 guys 201:20,22 80:3,8 85:13 92:3 101:9 48:23 67:16 71:5 96:8 hearing 103:6 104:17 105:16 99:16 102:6 195:4________ 99:19 110:12 120:3 123:23 h held 125:23 132:21 150:19 204:20 goes 29:3 159:1 185:17 186:4 going 8:6 42:2,13 49:18 64:18 71:19 75:4,13,23 76:5,7 77:17 89:8 91:6,14 96:11 98:18 99:15 101:1 103:22 104:1,3,14,21 112:4 118:23 144:17 161:21,22 176:12 182:21 golder 110:21 114:9 190:22 good 11:10 126:3 gotten 107:19 governing 170:7 governmental 196:4 gravel 65:11 greater 130:17 gridded 153:17 ground 69:2 182:18,22 grounds 4:15 groundwater 60:9,18,23 61:4 68:5 135:9 135:11,17,21 136:12,16,22 137:9,14,20 138:2,8 139:1 139:6,11,21 140:6 group 11:8 25:4 26:11 30:9 33:6 35:11,12,19 36:21,23 37:4 37:6,15,19,22,23 40:9,14 40:14 67:4,15 82:10 83:6 84:21 86:16,17 89:16,18 92:15 95:2 97:11 115:21 116:3 129:9 135:23 186:16 187:6 198:7 203:19 guess 12:6 28:2,5 33:19 46:6 63:3 67:6 109:18 110:6 148:10 150:17 hair 111:11 half 56:9,13 63:17 hand 70:13 208:1 handed 7:8 100:17 handle 44:4 45:19 83:8 handled 83:5,22 86:22 92:21 203:22 handling 60:16 83:12 92:21 130:8,16 158:19 hands 102:1,7 hanson 37:17,20 101:3,17 happen 23:3 166:14 happened 39:14 127:10 182:7,17 194:9,16 happens 163:18 hard 131:7,19 harm 159:10,15 harmful 201:11 hayden 37:10 hayden's 37:11 hazard 158:2,14 hazardous 32:9 57:15 58:10,14,20 59:5,14 124:5 128:2 head 108:13 headline 168:13 178:2,3,12 health 36:18 37:3,7 106:7,10 144:15 158:2,14 196:19 197:1,6 200:1,7 203:8 8:12 33:1 185:2 191:5 help 46:14 206:1 herbicides 79:15 hereto 208:1 hereunto 208:1 hi 105:5 high 32:3 65:11,13 99:8 163:4 164:19 192:3 higher 61:6 highest 74:5,8,8 highly 190:4 highway 104:18 118:13,19 119:21 highways 118:14 hired 5:22 149:23 193:6 hiring 27:15 historic 188:19 historical 185:16 197:23 history 26:6 47:20 91:17 99:6 123:2 hog 150:5,5 hogs 150:9 hold 30:12 home 43:6 123:20 124:23 125:5 125:16 127:14,15,18 hope 200:15 hopper 105:5 hours 44:2 HARTOLDMONO019027 [house - know] house incinerate 39:2 82:11,12 85:3,11 73:2 92:19 93:4 incinerated houses 71:21 72:9,12,16,19,22 96:7 204:2,10,12 incineration houston 72:6 3:4 12:12 incinerator hudson 73:12 168:12,17,23 incinerators huh 73:10 68:8 131:2 158:20 168:9 include hundred 53:20 79:12 69:1,1 74:9 144:9 153:9,10 included hundreds 79:20 61:18 includes hydrology 51:8 54:7 68:18,20 134:1,4,12 169:22 including 38:15 62:15 81:23 160:5 idea 29:18 154:16 identification 5:5 184:4 identified 50:4 97:8 identifying 138:16 iepa 75:17 iii 3:7 206:1 illinois 14:15,18 15:19 17:6 19:22 46:19 47:8,17 48:8 53:8 55:11 60:10 190:1 imagine 105:4 immediately 64:23 66:9,11 88:9 118:6 188:11 impact 34:14 134:19 157:16 impacted 86:7 92:1 important 81:12 134:11 169:19 imported 55:14 impoundment 88:4 improvement 143:20 192:2 improvements 10:1 inch 47:19 incomplete 184:21 185:6 incorporated 206:1 incurred 16:10 index 3:12,17 indicating 51:22 68:8 131:2 158:20 168:9 individual 51:12 100:15 114:1 individually 169:4 industries 28:10 53:18,22 54:10 55:4 173:8 industry 173:6 189:9 201:9 information 91:6 178:18 185:16 187:9 189:2 194:1 198:1 201:2,3 initial 35:18 109:5,8 initially 28:23 initiated 46:19 112:11 115:18 injured 14:20 input 187:2 insoluble 143:8 inspection 119:13 inspections iv's 119:10 201:16 installed j 62:21 63:7 133:5 134:21 installing 129:5 institution 25:17,22 insurance 15:22,23 16:20 22:1,3 intent 140:2 interested 117:7 208:1 interim 77:18 intermixed 53:19 interviewed Jacksonville 139:8,13,17 jamro 82:21 jan 3:21 january 185:13 188:10 jeff 36:7,8 43:18 103:2,21 jerry 37:10 39:2 89:20 95:6 105:5 jersey 80:12 97:3 202:7,10 187:14 investigate 183:22 188:12 investigated 203:3 investigation 7:10 46:15 47:14 67:8 88:22 138:15 145:6 148:20 investigations 79:8 183:18 investigator 7:15 j 37:17,20 101:3,17 job 25:1 40:3 42:7,8 84:8 joe 143:18 jones 101:15 july 23:23 jury 5:14 11:1238:10 159:23 involve k 16:23 kaley involved 108:5 144:5 145:2 178:21 13:12 15:6 17:1941:2,13 182:23 42:1743:1561:1064:11 kasowitz 67:3 76:16 83:3 84:1,14 3:4 86:18 89:22 91:20 95:9 kearny 99:17 101:5,6 105:10 97:2,3,13,18 121:21 122:5 127:6,13,17 keep 129:8 132:6 136:2 155:8,18 63:14 183:5 171:9 176:16 kind involvement 12:8 14:1661:9 201:3 26:16 84:2 100:21 124:3 know involves 6:8,10 8:10 10:5 11:3 13:21 62:8,13 13:23 15:4 16:11,16 17:1 involving 18:9 20:1 21:21 22:6 23:11 14:8 23:14 24:2 28:1 29:6,12,14 issue 29:23 31:15,17 37:20 40:1 17:14 43:21 170:10 180:3,7 41:6,8,12 42:14,16,22 46:3 issues 46:9 54:16,19,23 55:2,9,10 42:23 68:5 96:1 144:6,13 56:16 58:10 59:4,17 62:13 144:14,16,20 155:9,11 62:23 63:1,4,16 64:8 66:14 191:2 68:15,18,19 69:6 70:4 72:1 it'll 72:2,5,7,8,11,15,17,18,22 81:10 73:1,4,6,15,22,23 74:3,7,12 HARTOLDMONO019028 [know - liquid] know (cont.) knowledge (cont.) landfill (cont.) leader (cont.) 74:15,21 75:3 77:12,23 112:12,16 115:2,19 117:15 139:22 140:7 161:21,23 172:10 78:4 79:3,4 80:4,9,23 81:11 127:4 128:6 130:2 134:4 162:2,3 169:13,15,19 170:1 leading 81:13,16,18 83:2 85:2,5,15 140:8 144:2 149:17 155:12 170:8,10,14,19 172:19 4:14 140:13 85:20 86:15,19 87:2,7,13 170:23 189:6 195:21,23 173:6 176:21 177:1 leave 87:15,17,19 88:6,13,21 197:7,14 198:5 208:1 landfilling 151:8 89:7,11 90:6,11,15,17,18 known 172:15 leaving 90:21 91:1,4,13,17,19,22 58:20 136:4 189:21 201:8 landfills 139:1 92:8,16,20,23 93:4,5,19 knows 31:3,9 46:2,10,23 48:1 55:3 left 94:3,6,11 95:1,11,13 96:18 86:16 93:3 55:3 56:5,23 57:12,13,14 26:20 108:20 125:22 98:16 99:6,7,12 100:4 kriegshauser 57:15 58:1 62:14 78:17 lengthy 101:13,23 102:6,13 105:8,9 1:19 2:14 206:1 208:1 170:2,4,11 177:17,21 195:1 17:18 106:21 107:5 112:22 113:2 krummrich 196:13 198:10 leo 113:5,6 114:3,5,10,13,17 20:16 26:9,13,19,20 29:7,8 large 51:9,11 115:4,7,19 117:10 118:23 29:10,15,20 30:1,6,17,22 4:8 63:7 167:16 letter 122:10 123:2,5 125:7,10 31:4,7,9,11,1832:13,17 larger 3:21 47:2 80:6 89:2 176:17 126:13,22 127:5,12 129:10 33:21 39:16 45:3 48:9,12 83:8 154:17 188:23 130:10,11,12,20 131:14 48:16,23 49:10,14,18,20 largest level 132:4,5,9 133:2,7,9,15,19 50:9 51:5 52:2,3 55:12 56:7 122:15,20 130:18,19 28:20 60:23 74:6 76:5,11 133:22 134:12,19 135:1,5,8 60:4,21,23 61:4 68:16 larry 142:8 146:9 156:5 174:8,12 135:10,11,15,16,20 136:8 71:19,21 72:6,9,19 73:17 39:1 levels 136:12,15,20,21 137:2,7,12 77:3,14 78:1,5,10,17 79:10 late 10:13 61:7 73:23 74:3,4 137:23 138:1,3 139:4,5,9 97:21 125:2,4,11 152:6,10 31:16 57:2,7,11 62:23 98:7 76:6,17 77:13 78:20 79:4 139:10,14,16 140:2,19 172:22 127:10 181:2 91:1,10 94:12 97:16 99:8 142:16,19 143:9 144:3 krummrick law 99:13 102:10 112:13,22 146:2,8,17 149:14,18 150:8 29:7 3:3,7 13:1241:21 114:18 115:4 116:13 150:13,22 151:3,6,18 152:12,14,17,19,22,23 11r 153:5,12,16,17,19,20 155:1 3:7 206:1 155:2 156:1,5,9,13,16,19 1l.l1.pn. 156:20 159:15 161:10,13 o-a 161:18,22 162:2,14 163:1,4 1 lawful 5:8 laws 157:7 158:22 159:2 lawsuit 11:17 14:23 17:5 22:12 118:11 146:10 150:8,13 152:7,12 158:6,7,13 161:10 163:4 164:19 168:15,18,20 192:3 204:5,12,15,22 liabilities 16:10 132:10,13 164:6,8,17,18 165:19 166:6 166:10,11 167:6 168:15 1935 19418 lawsuits 14:15 liability 15:3 16:4 169:11 170:13 171:1,4 172:21 173:12,17,20 174:6 13717 lawyer lifted 13:8 19:21 21:19 111:10 115:17 116:5,15 174:14,18 176:20 177:3,19 177:20 179:3,6 180:12,23 c-11 oo 165:5 185:4 lawyers light 39:3 44:11 46:2,4,5 181:4,12,17,23 182:6,17 183:4,10,20 186:7,12,14,15 51:16 53:15 22:3 105:7,10,12 110:22 lightfoot layer 3:7 206:1 186:18 187:8,11,14,18,21 188:1,2,17 189:12 191:11 10:18 104:10 141:13 177:8 65:11,12 layers limit 28:3 100:11 114:14 191:12 192:15 193:3,10,11 194:3,8,9,15,22 195:3,7,14 1262 65:10 laymen's limited 92:7 152:3 196:1,5,6,10,17,21,22 197:3,17,18 198:9,13,16,19 45:18 22:19 leachate limits 114:18 115:5 198:21 199:20 200:4,12,16 200:17 201:13,19 202:9 203:2,13 204:2 knowledge 10:21 31:2 32:10,15 40:5 41:3 53:3 54:4 55:21 57:23 58:2 61:2 63:22 71:20 80:2 82:1,7 85:4,9,11 86:12 88:3 88:7 89:13 92:4,5,7 95:18 95:20 97:6,12,15 99:2 31:6,7,11,12,13,19,23 32:7 32 14 40 12 44 21 45 2 3 47:2,4,20 50:22 51:4,8 52:8 52:13,16 53:7,8 54:7,8,12 54:20 56:8 58:4 59:20 64:7 65:14 81:21 82:5 85:21 9811 14 20 99 9 1001 13 100:23 101:10 102:11 103:7,9,10,12 121:8 124:6 124:19 127:23 128:5,19 125:20 lead 79:20 85:7 87:2 110:3 133:12 188:19 197:10,15 197:19 198:5,9,13,16,20,22 199:12,16 200:2,6 202:22 203:11 leader 11:7 25:3 36:21 37:14 40:8 115:20 116:3 135:22 line 58:19 lined 58:1,3 166:22 167:2 liner 65:12,14 91:2 165:23 166:12,15 167:13 168:3 liquid 72:20 177:18 181:4 HARTOLDMONO019029 [liquids - mention] liquids lots malow (cont.) master's 72:21 9:21 126:3 189:1,8,13 190:10 191:4,7 25:10,19 26:2,3 84:11 list loud 191:11,21 192:8 193:18 match 42:1 47:7 59:15 100:17 108:17 194:4,15 196:1,18 197:4,10 58:18 108:12 123:21 129:23 louis 198:21 199:3,7,22 200:5,10 material listed 1:21 2:154:85:1 12:17,18 200:17 201:15 202:9 19:16,17 118:18 128:7,9 47:7,19 177:13 28:11 35:16 83:6 85:3 203:17 204:9,23 205:4 150:23 151:4,7,11 156:2,10 litigation 86:11 110:15 124:2 182:15 206:1 161:20 172:16 13:18 15:18,22 16:2,6 18:1 187:23 208:1 manage materials 22:1 65:19 louisiana 38:15,17 42:21 44:13 10:1321:1381:22 88:10 little 3:4 managed 162:13 197:11 11:1044:1545:10 123:21 low 44:11,12 matter 131:19 132:20 152:7 153:8 management 17:8,14 live lower 25:3 36:21 37:4,6,14,19 matters 12:18 20:6 21:4 162:5 164:20 204:12___________ 38:9,11 39:19 40:9,17,22 208:1 loan m 86:9 maximum 19:5 27:1,2,4 30:5 locate 170:8 located 18:20 48:9 81:1 87:18 90:16 93:9 124:2 126:1 127:23 133:10 170:5 187:19 location 76:1 169:15 locations 193:21 log 71:11 logan 10:18 104:10 141:13 177:8 long 26:19 27:3 35:6,21 56:20 74:21 81:4 97:14 103:4 131:9 189:19 longer 39:18 166:16 184:9 look 7:13 8:4 70:9 71:8 98:10,19 108:6 109:5,8 184:21 202:1 202:10 205:1 looked 41:17,20,23 47:3 59:22 71:6 107:2 143:14 167:7 169:3 170:21 looking 79:17 183:16 184:23 loop 83:16,17 lost 101:7 181:21,21 lot 61:20 104:22 111:23 112:20 151:12 152:2,8,15 153:1 machine 174:16,17 main 20:23 51:4 52:7,12 104:18 major 27:14 42:2 45:3 112:3 making 34:11 157:13 mall 113:10 156:1,3,6,14,18,21 malow 3:3,15 5:12,21 6:13 7:2 8:6 8:14 9:2,18 10:15,22 11:9 11:14,16 16:1627:1231:2 31:8 34:18 43:1 45:14,16 46:12,17 47:9 49:6,19 50:3 50:11 51:3,23 55:22 57:1 57:12,20 58:17 59:3,9,21 60:22 63:1 69:4,6 70:12,18 71:4,14 72:15 73:6,11 75:6 76:11 77:12 78:9 79:11,18 80:21 81:17 93:19 98:17 99:12,23 102:14 105:15 108:19 109:7,13,22 111:10 114:17 115:1,9,13 116:2,12 116:19 121:16,18 132:15 134:19 136:7 137:2,7,13,19 138:11 139:5,16 140:4 141:4,11,18 142:4 143:3,9 145:19,21 146:8 148:4 150:4,17,22 151:20 154:1,8 155:17 156:9 157:1,8,18 158:3,15 159:7,19 160:3,10 160:20 163:8,11,20 164:18 165:9,21 166:19,23 168:6 169:8,18 171:5,12,20 172:9 173:7 174:1,21 175:8,14 176:11 178:14,20 181:13 181:18 182:1,6,12,23 183:5 184:20 185:4 186:6 188:17 manager 12:16,21 13:3 18:12 26:21 27:7 33:17 35:20,21 39:8 42:21 44:8 76:22 82:22 95:7 136:5,6 146:23 188:3 204:1 managers 38:14,22 40:18 123:19 129:11,20,22 130:8,16 managing 34:5 40:16 41:5 43:14 82:17 129:17 130:1 manufacture 128:11 197:12200:11 manufactured 29:15,19,21 30:1 81:7,8 90:18 93:20 95:14 141:7 179:1,4 manufacturer 55:6 manufacturing 26:13,17 78:6 94:1 159:8 171:21 179:8 180:14 181:20 198:1 march 11:8 24:19 35:22 36:1,4 42:8 100:16 110:10 111:14 119:23 136:3 145:11 165:19 208:1 marie 87:4 mark 114:6 145:5,8 marked 5:4 7:3,8 8:16 70:14 184:3 185:8 martin 10:19 104:10 141:13 177:8 massachusetts 94:16 183:10 mcleod 90:4 mean 9:21,23 10:1 27:19 46:5,8 50:1560:4 109:12 119:14 127:9 138:13 144:9,10 155:20 179:17 180:19 187:4 means 38:11 meant 9:9,14 measure 77:17,18 165:22 166:7 measures 154:3 164:14 mechanical 25:9 26:11 30:9 32:22 33:6 mediation 11:7 meet 120:5 meeting 103:18,23 108:20,22 109:14 110:1,23 113:9 114:11 116:23 118:10 119:4,17 145:9 165:18 meetings 105:1,6 147:12 149:7 167:9 membrane 170:15,20 171:2 memo 188:9 memory 21:22 memos 188:5 mention 167:12 HARTOLDMONO019030 [mentioned - notice] mentioned mis reporting monsanto (cont.) necessary 40:21 45:4 56:3 59:21 203:5 159:12 160:3,8,15,21 4:12 62:2 149:12 164:15 62:21 121:6 167:14 misrepresenting 171:13,20 172:7 174:22 need mercury 203:6 179:6 181:18 183:5,22 70:3 108:16 78:1,4,9,13,16,19,21 79:1,6 missing 185:18 187:23 196:22 needed 79:16 110:1 133:13,15 188:23 197:5,11 200:10,13 202:13 197:15 178:1,10,16 179:6,14 180:3 mississippi 202:19 203:2 needs 180:6,12,17,18 181:5,9,13 8:1 63:8,10 monsanto's 193:12 181:19,21 182:3,7,13,14,17 missouri 13:1 19:7 48:22 51:19 negative 182:21 183:1,6,11,15,23 1:21 2:164:7,85:1 19:16 53:20 55:1 64:12 132:10 157:16 185:15,16 186:10,18 187:9 21:14 25:18,23 208:1 160:14 172:2 181:8 negotiated 187:16,18,22 188:6,13,19 misunderstand monthly 118:20 189:3,10,15,16,22 190:2,5 51:4 71:15 negotiating 190:8 191:7,14,18,21 192:3 mixed moral 67:10 192:13,15,20 193:4,13,20 57:21 58:11,21 202:7 157:9 neighborhood 194:5,23 195:4,7,11,14,19 mo morning 49:4,7,15,18 81:2 87:18 196:2,8,12,14,20 197:1 2:15 208:1 120:5,7 90:16 93:10 204:3,11 202:20 203:11 molten motco neighboring met 197:15 40:11,23 43:3 100:14,19,20 201:10 11:14 101:15 103:3 monetary 121:6 123:17 125:23 126:5 neighbors metal 148:23 126:11,16,20 127:7 130:12 102:9 157:9,22 158:10 191:19 money 130:17 160:6 161:2 196:12 metals 50:7 61:12 62:17 64:8 move neighbor's 79:13 102:1,4,6 125:14 126:14,20 65:3 94:15 97:2,22 159:10,21 methyl 128:17 148:8 149:4,4 161:7 moved neither 190:4,7 162:14,18,21 181:21 89:8 145:21 184:12 208:1 michigan monies municipal new 86:2 50:12 57:14 42:15 43:2 80:1,12 97:3 micron monitor mutagenicity 101:5,6 102:22 104:13 137:22 116:8 139:20 140:5 203:9 115:15,17 202:6,10 mid 57:1063:6 181:1 middle 24:19 migrated 48:1 138:9 migration 49:13,17,20 mike 24:11 36:5 39:2,3 44:11 82:11,12 85:3 92:19 93:4 147:5 mile 56:9,13 miller 68:6 million 22:23 63:3,17 64:19 65:23 66:1 74:10 90:14 122:14 126:17 192:12 millions 61:17 mine 144:10 minute 107:22 121:4 monitoring n nice 68:15 77:2 108:3 133:4 134:14,20 135:1,6,12,17,21 naked 14^-11 80:5 night 136:16 138:6 139:18 146:15 monitors 135:8 monsanto 1:7 2:8 5:16,22 6:3,15 7:23 11:18 12:16,21 13:21 15:7 15:11,23 16:8,13 18:1,4,5 19:1,3,4,9 20:16 26:8 28:16 28:21 31:12 45:22,23 46:9 50:3,7,11,19,23 52:6,14,19 53:5,9,14 54:1,11,14 55:3,5 55:17,1956:2,16,20 61:13 62:14,17 63:20 64:1,9,14 66:3,22 67:22 99:4 100:2 102:9 122:11 123:3 124:8 124:18,22 125:15 126:4,9 126:15 127:3,5,12,19 128:5 128:15,18 130:21,22 131:12 132:7 133:3 134:5 138:17 149:14,18,23 150:6 151:16,23 153:3 154:18 157:21,21 158:9,9,18 159:8 name 11:11,15 21:19 77:23 79:19 named 186 14318 names 20:22 name's 90:4 nature 16 2 34 21 84 9 9111 94:13 97:17 112:14 117:21 177:15 203:7 near 74:16 77:13 81:1,3 87:18 9016 93 9 11419 124 2 192:4 193:22 nearby 49:8 138:12 nearest 499 necessarily 138:13 203:21 204:17 26:3,3 71:13 120:4,8,17 nitrochlorobenzene 61:6 nods 108:13 non 76:7 77:22 nonhazardous 58:11,21 nonprivileged 71:14 north 1:20 2:15 3:8 74:10 152:11 206:1 notarial 208:1 notary 2:16 4:7 206:1 207:1 208:1 208:1 notes 205:1 notice 3:194:1970:11 HARTOLDMONO019031 [number - pcb] number objective opinion paper 6:19 8:18 10:3 12:22 29:18 47:4 166:4 70:9 168:13 38:12 44:2 45:19 46:22 obtain opposed para 61:15,16 62:3 65:9 68:7 25:20 27:10 33:13 34:12 93:21 100:9 104:3 110:19 obtained option paragraphs 112:8 113:23 124:12 117:14 167:5 172:11 178:7 130:20 131:1,14,19 135:5 obviously options pardon 136:2 184:2 204:19 54:9 104:21 118:1 119:14 167:7 74:19 numbers occurred order park 5:3 62:9 70:7 82:14 196:6 61:1666:1 112:9,13,21 numeration offered ordinances 113:8 155:19 47:2 4:17 66:21 17:19 parking numerous offhand organic 112:20 151:12 152:1,8,15 154:14 78:19 114:12 119:2 152:13 81:22 153:1 nylon 164:7 organics part 90:20___________________ office 79:14,15 13:1,5 37:3,6 39:18,23 o 35:10 144:9 174:15 organized 45:21,21 52:3,8,13 54:13 oak 162:5 oath 69:10 208:1 object 5:18 6:7,18 9:1 10:9,20 11:6 16:15 30:23 34:17 42:19 45:13 46:11 49:5,16 49:22 50:10 55:20 57:17 58:13 59:1 60:19 62:20 72:14 73:3 76:9 77:9 78:7 81:15 98:15 99:10,21 102:12 109:4,11,17 114:16 114:21 115:6,12,23 116:6 116:16 132:11 134:15 136:1,23 137:5,11,16 138:10 139:3,15,23 141:2,9 141:14,22 142:22 143:5 146:6 148:1 150:3 153:22 154:5 155:15 156:7,22 157:5,12,23 158:11 159:4 159:14 160:2,7,17 163:10 163:16 164:16 165:7 168:1 169:2,16 171:3,8,17 172:5 173:3,19 174:20 175:4 176:5 178:11,17 181:11,16 181:22 182:10,20 183:3 184:15 188:15,21 189:5,11 190:6 191:10,16 192:6 193:14 194:13,22 195:22 196:16 197:2,8 198:18 199:1,19 200:3,8 201:12 203:12 204:7,14 objection 9:3,4,7 31:5 45:15 73:8 150:15 165:16 182:4 199:5 objections 4:12,15 offices 2:14 187:23 208:1 officials 105:16 Ohio 128:1 okay 27:9 31:8 35:6 36:22 47:13 48:19 50:21 52:6 55:15 57:1 60:15 62:16 63:5 64:5 64:20 65:2 70:5 73:14 80:10,15 84:20 86:5 93:6 94:11 96:3 98:17 101:9 107:12,22 110:5 121:3 122:21 123:7 127:12 136:7 156:20 159:22 160:20 163:4 184:17 201:8 once 33:14 42:14 176:8 ones 17:3 19:1247:1 123:18 129:12,14,17,18 one's 158:14 ongoing 60:8 62:4 116:19 125:19 128:21 129:14 144:23 193:9 operated 51:9 57:2,6,10,18 operating 172:20 181:1 operation 47:20 133:20 160:15 181:6 operations 37:12 161:1 182:8 183:9 operator 125:20 36:14 54:20 62:12,19 79:6 104:10 orientation 118:7 137:9 166:21 179:7 119:16 183:17 192:12 193:8 originally participated 46:4 156:16 outside participating 120:12 128:1 117:8 127:21 oversee participation 37:1340:17 123:18 121:12 overseeing particular 12:19 89:18 155:2 13:1961:22 65:5 134:12 oversight 138:14 148:6 161:19 15:12,15 83:10,14 175:17 overview particularly 112:2 48:4 owner parties 15:1,7 125:20 4:4 12:22 118:5 208:1,1,1 owner's partners 14:19 66:9 20:23 owns parts 50:19 24:23 74:9 oxford party 112:9,13,21 113:8 118:11 18:6 73:9 150:14 151:16 153:6 pass 154:19,23 155:3,19 161:5,8 104:22 205:5 161:11,15 pathways P page 3:14,18 7:14,17 8:7,8 184:10 185:13,17,19,21 206:1,1,1,1 207:1 pages 8:18,20 184:8 185:8,23 206:1 paid 13:21,23 14:1 102:4,6 156:13 175:1 paint 20:1421:2 181:15 paved 152:7 pay 118:21 154:18 175:22 176:2,6,15 paying 174:14 pcb 10:17 16:23 26:17 28:20 35:1,5 41:4,6 43:11 53:2 62:8 64:1 76:6 80:6,18 86:7 86:13 92:10,17,22 94:3,9 HARTOLDMONO019032 [pcb - potentially] pcb (cont.) performed place (cont.) please 96:1 113:3 118:17 137:15 40:13 79:8 133:3 142:17 134:13 163:14 182:3 11:1225:7 206:1,1,1 141:1,6,12,20 142:16 146:20 147:17 150:5 placed pledge 144:13,19 150:23 151:3 169:12 192:16 32:6 39:14 75:2 76:2 88:11 160:4,8,14,21,23 156:1,2,10 158:6 162:10,12 period 151:11 plus 168:15 177:3 180:14 191:2 27:3 places 81:6 197:6 198:1 204:5 perjury 32:12 55:10 167:15 169:21 point pcbs 69:13 placing 18:11 60:13 81:20 100:9 14:4,9 26:14 27:17,20 28:3 permeable 152:1 137:21,21 151:21 153:4 29:6,9,14,21,23 30:21 31:3 171:2 plain 160:8 31:6,17,21 32:6,11 34:9,15 permission 153:7,10,11 163:6 pointed 34:22 41:2,9,15,21 47:23 63:13 plaintiffs 185:5 49:20 50:1,1,5 54:19,23 permit 1:5,13 2:6,14 3:3,18 5:3,9 points 55:1,2,6 60:22 62:16 71:20 17:8,9,14 53:7 196:6 11:17 13:13 142:12 184:2 47:6 72:5,8,11,15,18 73:2,16,23 permits plaintiffs policies 74:13 77:3,8,13 78:6 81:13 60:11 170:9 19:20 20:20 21:15 16:20 169:7 81:23 82:4,9 85:16 88:5,13 permitted plan pollute 88:14 89:8 90:21 91:1,4 10:13 53:8 57:9 124:5 67:10 101:4 112:20 141:20 157:10 92:1 94:22 95:4,14 97:9,13 persistence 148:7 164:5 188:12 201:5,7 polluted 97:16,16 98:14,16 99:9,11 203:11 planned 157:14,14 109:21 114:14 122:1 124:8 persistent 112:10 116:22 pollution 124:9 127:2 130:8 135:9 191:14,21,23 planning 62:5 136:15,21 137:3,7 138:5,8 person 98:23 117:12 polyethylene 138:12,17 140:15,17,19 73:20 85:10 90:2 93:1 plans 65:12,13 141:8,17 142:8 143:1,3,10 personal 144:22 164:9 192:20,23 polyurethane 145:21,23 146:4,9,16 40:4 57:23 170:23 plant 32:3 150:10,14 151:19,20 152:3 personally 10:11,12 18:13,1820:16 pond 153:5 154:18 156:14,21 189:13 26:9,13 27:15,18,22 28:15 66:10 88:4,10,11,15 157:19 158:1,4,8,13 159:9 pesticide 28:19,22 30:20 33:7,22 poorly 159:9 161:10 163:5 164:19 7:11 34:6 38:17 39:17 41:22 52:5 164:23 165:13 168:3 pesticides 44:12 46:1 48:12,12,23 portion 176:20 177:3,4,12,16 79:15 49:10 51:18,20 52:3,23,23 29:3 34:7 52:17 55:18 75:8 190:11,14,17 191:15 phase 53:9,17 55:12 59:20,23 170:13,18 175:10 197:12 200:18 202:16 142:16,20 60:4,21 61:14,19 62:7 portions 203:11,16 philosophy 67:23 71:20 77:3 80:12 53:4,13,23 164:21 pdcb 171:5,13 172:7 81:1,4,9,14 82:5,8,13,17,19 poses 33:13 phone 82:22 83:7,11,21 84:21,23 160:15 peck 179:16 85:5,8,18,22 86:1,3,4,14,19 position 111:6 phrase 86:22 87:3,17,23 89:15,21 12:13 24:22,23 26:10 30:11 penalties 9:20 89:22 90:3,15,19 91:3,23 33:18,23 35:16,18 36:9 69:13 phrased 92:5,6,9,18,20 93:6,12,20 37:11 42:15 43:2 80:2 83:1 pending 52:5 94:4,16 95:5 97:2,7,13 87:5,7 139:20 140:5 13:18 physical 101:16 103:15 109:3 positions Pennsylvania 28:22 30:20 51:17,19 53:16 114:20 119:11,15 122:7,21 30:10,12 32:21 89:14 physically 125:1,2,4,4 126:7 143:23 positive pensacola 101:9 146:16 152:6,10,11 155:9 66:18 87:22,23 88:22 89:22 90:6 picture 155:10 179:1,15 181:1,15 possible 90:15 91:3,11,20,23 109:6,9 183:7,8,12,13 187:19 192:5 124:16 143:3 204:10 people piece 197:19,21 198:6 201:1 possibly 9:22 27:15 37:13 87:12,15 22:20,21 203:23 204:1 87:4 201:22 pieces plants potential perception 60:12 111:16 112:3 10:1 83:8 10:4 124:15 141:16 167:5 155:13 pipe plant's 196:19 199:23 perform 133:10 188:2 potentially 94:1 place plastics 141:15 11:1074:16,22 115:2,11 128:12,15 HARTOLDMONO019033 [pots - rcra] pots primary prompted pure 197:15 30:18 31:11 142:23 45:11 46:8 88:21 98:13 pounds principal promulgated purpose 29:6,9,14,19 31:17 176:20 7:15 45:18 65:2,3 98:9,18 103:18 177:4 prior properties 111:13 117:16 power 4:17 19:1 39:10 56:18 66:2,14 96:12 104:17 purposes 98:13 99:5,7 102:3 100:20 157:11 161:8,11,15,16 70:13 ppm privileged 162:16,19 173:14,16 174:4 pursuing 76:8 71:10 property 116:18 practice probably 14:19,19,23 15:7 66:8,12 put 173:5 12:2,10 15:15 23:8 46:2 66:20 97:7 98:22 99:3,4,17 17:16,20 22:19 63:13 75:18 practices 81:6 93:13,16 98:7 123:20 101:2 102:2,7 139:2,7,12 106:19 129:3 146:23 172:8 127:10 141:10 159:5 164:2 157:14 159:10,11,21 171:6 147:10 177:16 188:12 pre 165:3 166:6 178:12 179:11 171:10 173:14,20 196:13 putting 17:9,13,17 problem proposals 101:3 129:3 134:17_______ predecessor 63:9 164:9 q 192:1 preference 172:3 premises 15:3 preoccupied 105:13 preparation 23:19 176:16 prepare 187:15 prepared 106:11 113:21 114:2 preparing 186:17 presence 97:9 present 41:22 110:22 presently 10:5 36:14 38:23 41:5 73:6 82:12 93:22 114:14 192:16 president 37:12 press 179:18 pretty 101:6 procedure 206:1 process 26:17 60:8 64:22 67:9 78:6 179:8 180:14,19 181:20 198:2 processes 33:7 171:22 197:18,21 produce 197:11 produced 2:13 5:8 71:2 production 78:13 179:14 187:22 professional 1:20 2:16 208:1 program 17:17,22 25:12,13 30:19 34:5,8 45:17 46:1 66:21 77:20 84:11,18,18 104:4 109:20 117:2,17 135:12,17 135:21 171:6 173:15 193:9 193:11 project 12:16,21 13:2,3 18:11 26:21 27:6 33:17 40:10,22 42:21 44:8 82:18,20 84:23 86:18,20,21 89:23 90:5,12 proposed 47:11,12 75:20 164:3,6 166:8 protect 160:5 protecting 160:11 protection 82:16 89:4 protocol 135:16 prove 158:8 proven 157:19 provide 71:10 84:21 117:22 provided 185:18 206:1 providing 84:3 201:2 prp 50:4 67:4,15 122:16,16 123:10,14 126:19 127:6,13 130:21 prps 41:1564:11 67:1991:19 121:20 quality 139:21 140:6 quantities 73:16 quantity 78:4 97:16 queeny 92:5,6,8,17,20 93:6,11,20 94:4 125:1,4,11 question 9:17 28:2 33:9 46:7,18 50:14 59:12 61:8 69:20,23 73:21 93:2,5 123:11 138:4 144:18 158:12 163:21,21 165:8 171:18,19 175:6,13 185:20 186:17 189:7 191:13201:14202:22 203:14 questions 4:13,14 5:12 16:3 44:17 69:12,16 85:15 95:16 107:1 135:20 184:18 205:8 206:1 quick 8:19 quintard 113:10 118:11 156:1,3,5,17 156:21 prevent 100:11,13 111:15,16,17,17 public r 159:18 161:1 168:3,6,8 111:19,22 117:5,10 128:21 2:16 4:7 106:7 207:1 208:1 railroad previous 129:11,20,22 130:7,16 208:1 92:12 94:7 16:20 136:4 146:23 147:23 154:7 published range previously projects 160:9 79:18 90:14 26:23 37:17,22 13:4 33:11 35:2,5,11,19 pump ranked price 37:1838:12,16,1840:15 125:19 129:5 47:10 145:16 62:4 95:9,17 100:10 103:22 purchase raw primarily 104:1,3 112:1,8 113:7 66:21 171:6,10 173:15 197:11 43:21 68:21 78:11 83:5 118:10 119:4 129:23 130:7 purchased rcra 105:4 122:8 126:6 promotions 66:3,9,12,15 96:7,13,15 41:23 45:17 46:1 58:15 35:23 173:21 60:8 84:18 104:4 124:5 HARTOLDMONO019034 [rcra - residential] rcra (cont.) recoverable relation rent 155:11 175:15 62:7 174:16 read recovery relationship reorganized 8:15 24:9 75:6,9 106:10 65:20 139:6,11 36:13 168:13 175:8,11 178:5 recycling relationships repeat 190:13,16206:1,1 122:8 7:11 165:8 reading redistributed relative rephrase 160:18 184:22 167:23 208:1 123:11 171:18 175:13 ready reduce relatively replacement 8:8,11 23:16 70:7 206:1 44:1 153:8 92:12 94:7 real reduced release replacing 10:15 208:1 196:2 199:16 142:10 really reduction released reply 43:9 50:14 59:14 62:11 9:23 180:20,22 187:15 63:4 111:11 124:16 163:20 referred relocated report 170:11 180:5 186:6 190:8 14:14 15:2 35:10 39:16 3:20 7:9,21 8:16 11:5 36:3 reason referring remain 36:6 37:8 38:23 47:5 48:3,6 8:21 66:6 108:8 173:7 73:9 111:18 172:14 35:6,21 108:5,7 129:11,20 192:9 178:14 193:16 204:2,10 regarding remedial 201:17 reasons 13:16 76:17 104:7 106:11 35:11,19 37:1838:1467:7 reported 6:20,22 106:15 140:10 144:5 94:21 95:3 97:8 116:3 123:3 196:2 199:16 recall 185:15 188:6 191:1 196:23 135:22 148:19 165:22 reporter 12:2 13:17 17:11 18:3 197:6 198:5 200:6 166:7 167:5 204:21 1:20 2:16 208:1 19:12 48:3 57:4 65:23 regardless remediated reporting 75:10 78:19 98:21 99:22 28:20 157:10 204:4,12 1:192:1443:18 129:15 101:16 102:4 103:2 105:14 region remediation 206:1 208:1 107:6,13 108:2 113:23 60:13 146:2 201:15 11:4 13:4 25:3 36:21 37:3,5 reports 115:14 116:17 117:4 118:8 regional 37:14,19 38:9,11,12,18,22 37:16 38:20 71:15 119:3,13 124:9,10 125:1 18:13 27:14 29:4 39:7,19 40:9,14 50:12 representative 129:2 146:7,14 151:21 registered 76:22 83:9,12,18,19 84:7 114:11 152:13 153:4,9 160:12 1:20 2:15 208:1 84:15 112:15 115:21 represented 180:1,4,9 184:1 186:11 regulated 125:21 129:8 144:5,13,23 3:3,6 188:8 191:3 197:9 198:3 189:16,22 145:5 146:19 147:16 148:6 representing 201:18 202:12,17,21 203:1 regulates 148:15 151:17 153:2 11:17 165:13 receive 162:11 154:12 164:1 168:23 172:9 request 176:8 regulations 203:19 204:15 183:21 185:12 186:10 received 58:16 84:19 157:7,10 remediations requested 98:21 99:16 101:2 158:22 159:2,17,19 170:7 16:23 75:8 76:12 175:10 206:1 receiving regulators remember require 99:18 109:19 13:8,12 17:15 18:2 19:20 46:9 recommend regulatory 19:23 20:20 21:6,7,14,18 required 115:21 116:1,4,7 196:7 199:17 202:15 203:4 22:2,11 23:4 32:17 74:9 17:1645:18 recommendation 204:16 81:3 101:1 102:5 107:9 requirements 6:11,17 8:22 76:21 182:2 reimburse 110:4 113:15,16 120:19 142:7 recommendations 16:8 176:9 124:9 150:12 167:11 requiring 142:11 reimbursement 194:20 168:11 recommended 16:18 removal reserve 5:15 6:3 166:8 reinjected 62:2 77:21,22 86:12 92:16 117:21 record 168:4 164:3,7 167:4 residences 7:7 8:13 70:13 75:8 175:10 rejected remove 66:9 161:5 184:6 185:1,3,22 191:4,6 194:18 9:6 163:14 resident 208:1 relate removed 49:9 records 63:23 32:8 88:5,15 150:23 156:3 residential 181:8 related 161:14 167:22 49:6,15 66:2,16 81:2 87:18 recover 17:8 19:15 35:1 96:1 97:13 renotice 90:16 93:9 96:6,10 104:17 14:21 176:1,3 124:16 171:10 191:2 208:1 70:16 104:22 161:15 162:15,19 HARTOLDMONO019035 [residents - seran] residents right saith seal 28:12 66:22 81:3 93:12,16 11:14 15:17 18:1921:18 205:11 208:1 157:20 158:7 167:19 23:3 30:3,7 39:5,6 43:12,16 salaries secondary 168:21 169:1 174:3 196:19 44:4 48:8,21 49:2 51:14 175:1 29:3 199:23 55:5 56:11 60:5,16 71:19 sample section resolved 79:22 83:18 85:20 91:9 154:15 176:17 13:20 92:3 94:15 97:20 102:14 sampled sector resources 113:20 116:12 117:11 60:9 136:13 65:4 74:10 84:20 118:13 119:18,22 120:22 samples sediment respect 121:3 125:23 158:19 161:4 46:22 61:1 99:19,20 136:19 34:20 107:23 164:4 165:14 100:22 134:8 148:16 164:7 165:21 166:19 170:5 137:4,14 138:2 154:11,14 167:4 192:4 194:6,10,16 176:12 173:12 186:6,22 205:4 194:6,10,16 sediments respective rinaldi sampling 65:4 74:1,5 75:1,12,19 79:2 4:4 39:2 89:20 95:6 34:21 67:11 99:1,15 101:4 140:18,20,23 141:1,6 143:1 response ring 109:20 142:2 153:15,18 143:2 163:15,19 164:21 184:10 185:19,21 186:1,4,9 111:6 154:2,10 162:23 164:5 165:1 167:21,21 168:16 186:13,17,19 187:3 201:16 risk 167:18 175:3,18 180:7 seeking responsibilities 76:23 146:3 160:15 161:1 193:21,21 201:4,7 16:13,18 30:16 34:19 38:4,7 40:8,10 169:4 san seen 40:23 158:17 river 204:3,10 7:4,21 106:14,17,19 107:23 responsibility 63:8,10 80:11 81:1,9,14 sand 108:3 116:13 119:19 13:6 30:18 34:3 35:3 42:14 82:5,8,13 83:21 84:22 85:5 65:12 68:21,22 142:11 146:12 147:10 43:5,10 44:9 45:8 52:4 95:2 85:17,22 118:7 168:12,18 sauget 150:1 185:7 186:8 188:5 121:5 123:12 157:2,6,9,22 168:23 170:5 15:9,12 17:7 18:21 19:5 201:15 158:10,21 159:1,12 road 21:21 22:13 27:2,4,23 select responsible 193:23 28:10,11,16,22 30:20 34:15 148:5 172:13 12:19 13:2 43:3 82:12,20 robert 41:18,19 42:3 44:6,9,10,14 selected 123:7 186:16 101:15 44:20 45:12 47:11 48:7,7,8 39:21 restate rock 48:11,16,20 49:1,15 50:13 selection 52:4 63:7,14 50:1651:9,11,17,19 55:11 39:23 result role 63:21 66:3,22 74:14,17 self 7:22 16:5 36:15,16 39:14 100:7,12 80:7 88:20 89:11 96:5,13 123:3 resulted 123:8 174:7 96:23 189:17,18 sell 23:1 rolla saw 174:3 results 25:18,23 107:15 108:5,6,9 178:2,3 seller 99:18,19 138:1 180:8 room 178:12 173:21 retire 23:18 says semi 24:16 rough 5:9 182:13 188:11 79:14 retired 64:17 122:12 131:4 scaffolding seminars 24:15 38:2 100:16 roughly 14:15 15:2,19 84:9,16,17 return 56:15 57:6 65:22,23 68:23 scale send 206:1 122:14 204:3 54:11 56:20 80:5 128:5 returned roux scanned sending 33:21 68:14 8:18 178:6 29:10 172:17 173:1 revenue rpr scanning sense 132:15,18 4:6 206:1 8:19 33:9 61:10 108:19 109:8,12 review rules scans 111:22 70:6 71:16 111:15 206:1 79:13 sent reviewed runoff schedule 27:17,19 54:10,14,17,19 147:3,7 170:22 120:3 55:17,19 56:2,17 57:16 revolving 16:3 rifs 64:15 67:12 68:12 79:12 162:22 s sabrina 14 25 safety 36:18 37:2,7 school 26:4 84:13 scrap 70:9 scrapped 194:12 72:6 75:15 91:15 182:14 separate 67:16 seran 200:11,13 HARTOLDMONO019036 [serious - solutia's] serious shut site (cont.) snow (cont.) 158:12 61:21,23 72:3 95:10 202:1,11 204:19 164:22 165:1,14,23 166:9 serum side sites 166:12 167:4,8,15 168:4 158:5 13:9 23:5 152:11 38:17 41:1,4 42:6,16,22 169:9 177:4 178:10,16 serves sign 43:4,11 44:10,14,22 45:2 180:6 188:13 192:11 194:2 10:16 206:1,1 45:18 47:6 50:22 51:6 54:5 194:6,11,17 service signature 54:8,9,12,15,17,20 55:15 soil 43:6 123:20 124:23 125:6 206:1,1 207:1 208:1 55:19 56:21 58:12,19 79:23 62:2 86:7,13 94:9 111:21 125:16 127:14,15,18 signed 80:7 83:19 84:22 100:15,17 142:10 152:20,21 153:15 set 7:14 67:5 160:20 100:21 121:9,13 123:9,13 161:14 193:21 17:1976:18 117:18 174:15 significant 123:14,16 126:3 129:7,16 soils 204:15 208:1 96:19 130:4,20 131:8,9,11 132:2 75:1,13 91:2 92:10,17,22 setting similar 132:4,6,17 174:22 175:21 94:3 113:3 142:10 117:8 118:4 65:8 66:23 88:19 89:10 siting sole settle 160:23 169:19 170:2,10 55:5 14:2 sincerely sitting solid settled 206:1 116:2 141:18 72:20 73:2 177:18 16:6,7 131:9 single situated solids settlement 70:9 63:9 72:23 13:22 14:3 16:12 sir situation soluble seven 12:8 25:5 43:16 169:5 143:4 37:16 38:14,20 194:6 sit six solutia seventy 101:23 163:1,3 12:7 38:14,19,22 40:18 6:168:21 10:23 11:19 172:8 site 96:20 185:19,23 15:12 24:14 25:2 38:16 sewage 12:12 13:16 14:5 15:8 sixty 41:5,1342:1746:1048:15 195:8 31:1032:9 40:11,11 41:7 131:18 49:3 50:4,7,19 52:6,14,18 sewer 41:12,22 43:7 44:6 47:9 size 53:5,14 54:1,11 61:12 143:23 181:14 48:2 49:13,17,1951:15,16 89:10 137:22 62:15,18 63:20 64:2,8,14 sewers 52:4,15,18,23 53:2,7,15 sketch 66:4,23 67:23 75:21 76:11 198:22 54:3 56:5 57:2,6,7,9,12 25:6 26:5 76:18 79:9 82:8 99:3 100:2 share 58:3,6,8 59:2,18,19,19,23 skinner 116:4,4 117:23 118:3 64:12 102:9 60:5 61:14,19 62:7,21 63:9 40:1241:1 43:4 121:8 121:20 122:4,11 123:9,14 shared 63:15 64:3 67:23 68:19 123:17 127:22 128:5,19,22 123:15 124:7,18,21 125:15 149:6 73:18,18 75:3,5,14,20 76:2 skip 126:4,10,15 127:6,13,19 sheet 77:16 78:20 79:7,7 80:7,13 62:12 128:4,18 130:22,23 131:5 206:1 80:14,19 82:10,17,19 83:7 skydrol 131:12 132:6,9,12,16 133:4 sheets 83:9,12,13,22 85:8 87:9 94:2 133:11 134:5 135:2,8 71:15 88:18 89:21 90:3 91:14 sludge 136:17 138:17 139:1,7,12 sheila 95:8 98:1,18 102:11,15 51:1691:2 139:19 140:11,15,22 141:5 2:15 4:6 75:7 206:1 208:1,1 103:15 104:14 105:22 small 141:19,23 142:18 151:12 shipments 106:3,8,12,15,18 108:1,4 43:6 151:17,23 153:2,12 154:20 128:7 112:19 119:10,12 121:19 smaller 154:21 155:19 156:13,18 short 121:21 122:2,6,12,18,23 21:12 156:20 158:17 160:23 19:15 123:4 124:1,4,17,18 125:16 smith 161:7 162:14,18 164:3,18 shortly 125:22 126:20 127:14,16 1:122:134:55:7,13 7:3 165:13 166:8 169:8 171:13 98:12 129:4 183:12 127:18 128:3 131:23 8:159:15,19 11:13,14 171:21 172:10 173:13,22 show 132:21,23 134:1,5,12 135:6 121:18 141:19 158:16 174:2,22 175:16,22 178:9 7:2 181:8 135:13 137:9 138:6,9 160:21 163:6 186:7 205:5 178:15 183:16 184:11 showed 139:19 145:14 146:16,21 206:1,1 207:1 208:1 185:18 186:9 187:23 70:10 149:21 147:17 151:8,15 155:9 snow 188:17 189:2 192:17,22 showing 169:3,23 171:15 172:4,4,12 5:16 6:1,4,17 8:23 9:10,20 193:6,20 194:4 195:18 107:10,11 113:18 172:12,15,16,17,19 173:2 10:5,16 104:9,12,21 109:21 196:1,7,11,18,22 197:4 shown 175:17 176:18,23 179:7 113:13 140:12,13,16,20 199:10,15,22 200:5,19,21 70:15 113:19 181:15 183:17,17 192:5 141:1,6,11,20 142:3,13,18 200:23 202:13,19 203:2 shows 195:9,12,15 196:3 198:11 143:11,15 147:22 149:15 solutia's 158:6 192:9 198:23 199:17 200:19,22 149:19 164:10,12,13,15,20 48:22 64:12 67:12 121:12 HARTOLDMONO019037 [solutia's - systems] solutia's (cont.) spent steve suit 123:8 124:3 138:22 146:15 50:8 61:1362:17 103:14 1:12 2:13 4:5 5:7 206:1 18:6 20:1,17 22:6 23:7 164:12 172:2 174:14 120:17 122:15,17,20 207:1 208:1 suitable 193:18 125:14 154:22 161:7 steven 169:15 somebody spill 11:13 suite 43:22 114:6 19:16 stick 1:20 2:15 3:4 208:1 someplace spilled 15:1733:16 sulfuric 75:15 19:1721:13 stipulated 33:12 sorry spin 4:3,11,19 sump 12:9 34:1 51:3 67:6 175:5 132:14 stopped 182:2,5 175:12 spoke 34:11,13 105:5 superfund sort 23:17 storm 12:12 13:16 14:541:21 34:20 66:20 84:7,20 144:22 spoken 181:14 47:7,10 84:18 121:9 123:9 157:8 197:23 178:20 stream 123:14 127:16 128:3 129:7 sorts springs 130:9 171:14 172:11,14 129:16 130:4,7 131:20 150:8 193:22 181:5,10 183:11 132:1,4,6 sought spun streams superintendent 60:11 130:23 131:5,13 57:20 58:10,12 59:18 34:2,4 35:4,7 sounds St 124:15,20,22 125:5 126:4 supervise 160:19 1:21 2:154:85:1 12:17,18 128:4 157:4 158:19 171:22 40:17 source 28:10 35:16 83:6 85:3 172:4 201:10 supervising 9:23 10:6,17 28:6 137:2 86:11 110:15 124:2 182:14 street 123:8,13 138:14 140:19,23 141:5,11 187:22 208:1 1:20 2:15 3:4,8 206:1 208:1 supervision sources stage strike 187:2 10:4 88:14 114:1 138:16 67:2 112:6 117:10,13 129:1 38:1 108:20 119:7 133:22 supervisor 141:16 148:21 standpoint 139:17 143:22 165:10 34:1 south 129:9 structure supposed 170:14,18 star 65:6,22 160:4 179:12 southern 178:1,13 179:18 182:13 struggling sure 103:10 169:13 177:1 start 46:6 8:6 12:2 24:18 30:3 59:7 speaking 19:6 89:17 121:14 147:23 studies 69:4 107:4 167:10 172:17 84:4 151:20 34:20 148:20 190:11,14,16 172:23 194:21 specific started 196:23 197:5 surface 10:15 17:13,23 18:3 33:7 26:8,10,12 69:9 70:18 study 69:2 88:4 98:23 99:15,18 38:7 40:7,15 45:20 62:13 starting 6:1 46:19 64:18 67:8 79:16 99:20 140:10,15 142:9 86:18,20,21 97:15 112:12 27:13 169:12,17 200:6 153:15 170:21 119:13 123:16 131:14 state stuff swamp 144:7 153:16 167:7 189:12 1:1 2:2,165:1 8:1 9:4 11:11 71:14 136:9 27:10 specifically 17:21 109:19 143:14 159:3 sturgeon swear 54:18,22 59:17 80:17 82:9 160:13 193:19 202:14 19:1621:14 193:9 92:8,14 94:23 111:20 115:7 203:14 204:16,18,18 208:1 styrene switch 124:10,11 126:13 130:11 stated 122:8 126:6,10,22 121:3 140:9 134:23 135:15 138:3 47:4 174:12 subject swmus 140:21 144:15 150:21 statement 69:13 195:3 198:13 155:5 161:17 167:11 172:7 188:22 subjects sworn 170:16 183:20 194:21 states 113:11 2:13 5:8 207:1 208:1 specifics 55:7 83:20 submitted synonymous 17:22 42:20 85:2 91:10 status 108:5 48:14 94:11 95:23 104:6 113:16 111:15 112:4,5 192:15 subscribed synthetic 125:7 137:23 191:12 stay 207:1 170:15,19 171:1 speculate 26:19 30:8 120:11 substance system 6:21 stayed 189:16,23 27:16 129:6 138:21,22 speed 32:20 120:19 suggested systems 42:10 step 201:4,6 137:10 143:23 spend 142:5 suing 120:8 131:21 149:3,10 15:6,10 HARTOLDMONO019038 [taken - trenton] t tested thousand torres taken 140:11 144:1 193:8 75:11 131:22 3:4 1:13 4:6 8:14 69:5 76:7 testified thousands tosca 113:3 121:17 142:9 145:20 20:8 61:18 65:8,14 161:18 162:10 184:5 205:3 testify three total 208:1 78:22 208:1 3:21 12:10 40:21 81:20 61:1564:1673:1690:11 talk testimony 94:20 97:7 98:4 102:16 126:22 130:20 131:1 135:5 23:15 79:22 121:18 127:22 7:20 208:1 112:17 121:9,13 161:23 touched 140:9 148:11 155:23 161:4 testing 162:3 184:3,7,22 185:9 44:6 184:16 142:17,20 149:14,18 150:5 thumbnail touching talked 154:13 192:16,20 193:3,7 25:6 26:5 208:1 19:13 23:14 26:22 96:5 193:12,17 tie toxic 105:9 113:7 118:10 129:9 tests 143:1 190:4 201:9 129:18 130:13 144:12,19 195:18 199:10 tiger toxicity 145:17 163:11 texas 201:19 144:19 190:9,11 talking 3:5 122:7,21 126:2,3,7 time trace 50:16,1861:17,1864:3 204:4 4:16,16 6:3 8:15 12:4,13 158:13 180:21 84:5 96:4 107:7 111:23 thank 15:11 17:12 23:8 24:20 track 148:8 158:16 159:16 205:4 26:12 27:3 29:21 30:8,13 183:5 172:15 thanks 32:23 34:10 35:15 56:19 tracked talks 46:18 57:3,7 70:3 71:12,23 72:1 198:17 10:3 thereto 73:4 77:22 81:4 95:6 97:14 tracks tars 4:17 98:5,7,8,12 100:19 101:21 92:12 94:7 122:9 126:6,10,23 thick 102:10,17,20 105:13 training team 47:19 108:18 112:5 119:7 120:15 84:7,8,13 39:19201:19 thing 125:3 126:9 134:17 135:14 transcript team's 33:4 48:17 50:18 101:1 143:10 145:11 159:17 206:1,1,1 201:16 107:9 178:8 transfer technical things times 124:16 84:3,4,20 9:22 68:4 71:1 84:9 91:11 12:1 33:2 69:19 98:3 transferred technique 93:21 94:12 112:6,14 102:16,18 1:2 2:2 130:22 137:14,20 148:6 151:18,23 147:13 148:15 timing transportation 153:2,13,16 164:1 think 186:21 118:15 tell 10:10,16 46:14 67:7 77:10 title transported 9:15 14:11 25:1 36:14 80:16 86:21 93:2 97:20 25:2 33:2 83:2 87:8 151:4 156:11 38:10 41:4 60:3 62:16 98:23 101:3 105:4 109:5 today trash 69:17 80:4 135:19 152:5 111:8 112:20 113:21 116:9 6:21 14:8 23:16 35:13 52:23 53:9 59:20 179:12 180:1 116:14 118:3 121:23 131:11 170:6 treat telling 131:15,17 134:3,16 137:18 today's 125:20 129:6 141:20 159:23 138:12 141:4 142:20,23 59:6,15 treated temporarily 147:21 148:2 157:16,21 told 27:20,21 28:9,17 29:2 182:3 158:9,12,23 159:5 160:12 10:22 17:4 24:4 36:19 38:3 53:17 ten 167:3,6 168:2,21 169:3,18 70:19 80:1 81:18 121:23 treating 12:3 47:19 61:22 93:17 172:6,18 175:5 191:17,23 164:23 165:2,11 179:9,10 28:7 131:15 193:12,17 198:4 202:6 188:18 196:11,18 199:22 treatment teratogenecity 204:9 tons 10:2,12 17:9,13,17 18:13 203:10 thinking 181:4 18:18 27:15,18,22 29:5,11 terms 55:23 tony 53:17 169:10201:1 22:19 42:17 58:18 76:6,18 third 39:1 tree 102:1 119:4 130:14 138:15 7:13,17 59:22 73:9 110:5 top 146:12 144:22 158:18 174:16 118:5 164:20 68:22 trend 176:13 thirty topic 116:8 terrain 5:14 206:1 198:2 trenton 134:22 thought topsoil 86:1,1,13,19,22 87:3,10,11 test 38:19 50:21 112:19 87:17 21:22 47:22 133:2 154:13 HARTOLDMONO019039 [trial - west] trial u uses 4:16 20:4,6,8,18 21:1,4 uh 67:23 180:17 22:10 51:22,22 68:8 131:2 158:20 usually trials 168:9 176:8 204:16 22:8 ultimately utility tributaries 42:13 163:18 98:22 140:12 unclear V tried 20:2 triggered 46:15 triggers 164:7 trip 101:14 105:11,17 110:5 111:13 119:23 trips 120:20 197:22 true 42:12 55:9 120:14 134:8 137:12 139:4 141:10208:1 truth 208:1,1 try 47:5 116:5,10 175:14 trying 28:5 48:3 111:22 172:18 181:18 tuck 9:19 undergone 94:21 underneath 65:10 underreporting 203:5 understand 11:1930:469:10,1670:1 91:8 118:17 121:19 132:14 171:19 175:12 understanding 13:19 16:17 64:10 72:21 74:20 82:3 88:8,19 89:1,5 89:10 104:1 109:1 114:22 133:17 136:18 141:23 142:6 143:7 151:10,13 154:3 155:6,7 161:20 167:16 170:17 174:11 180:16 185:11 200:23 understood 69:20 vanhock 87:4 various 60:11 81:22 84:19 103:22 111:16 113:17 142:1 148:20 167:15 176:7 177:12,16 verbatim 33:14 versus 21:20 viable 181:19 vice 37:12 video 1:192:14206:1 viewed 104:15 village 15:9 17:7,16 18:20 19:5 21:20 22:13,20 27:2,4,13 39:1 undertaken turn 95:4 63:11 underway turned 88:6 60:10 undue twelve 160:15 161:1 127:20 unfiltered twenty 137:3 31:1481:6 131:17 185:19 unique 185:23 194:5,6 204:20 twice united 137:21 55:7 83:20 type university 15:20 19:18 22:15 23:1 8:1 25:18,23 33:3 45:21 54:16 57:13,16 unusual 65:8,14 68:18 73:11 84:13 174:19 85:20 95:20 131:18 144:16 upper 147:16 148:6,14,21 149:5 164:19 152:2 162:2 upstream types 194:2 27:22 28:10,11 violation 203:20 violations 202:14 visible 143:10 visit 98:9 105:16 107:17,19 110:11 volatile 79:14,14 volatilize 77:8,10 145:23 volume 72:8 75:4,10 89:7,12 125:10 126:22 volumes 10:791:1094:12 vs 14:11 17:2 71:4,8 97:16 153:21 typically 14:14 61:23 83:8 136:4 147:5 203:23 use 68:3 154:10 200:13 use pa 75:16 142:1 users 19:9 1:6 2:7 w waived 4:20 208:1 want 9:1223:1341:1242:1 want (cont.) 48:21 61:8 62:11 80:3,8 96:3 105:8,9 121:3,11 131:1 132:21 154:12 155:23 161:4 175:8 186:7 205:1 wanted 173:21,22 wanting 118:18 warranty 22:17,18 23:1 waste 10:2,12 18:13,18 19:8 27:14,18,21 28:6,9,20 29:4 30:19 32:9 52:20,23 53:2,6 53:16,17,20 54:2,10,12,15 54:16 55:17,19 56:3,17,20 57:15,16,20 58:10,11,14,21 58:21 59:5,14,16,18 62:15 75:23 86:8 91:13 124:5,15 124:20,22 125:5,10 126:3 128:2,4 130:9 152:17,18,19 157:4 158:19 162:10 171:14,22 172:3,11,14 173:2 181:5,9 183:11 189:17201:1 wastes 59:17 water 10:2,8,12 17:18 18:13,18 19:8 27:14,18,22 28:6,9 29:5 30:19 49:21 53:16,18 53:21 63:14,20 74:14 99:1 104:8 114:19 140:10,12,16 143:19 167:23 169:9 170:22 189:17 190:3 192:2 200:18,22 waterways 148:17 weeks 179:23 wells 68:15 129:5 133:4 134:14 134:17,20,21 135:2,6 136:17 137:8 138:6 139:18 140:3 went 19:2 20:4 30:4,21 48:5 52:23 55:1 59:18 98:5 100:7 102:23 103:2 110:11 120:15 124:22 177:4 181:5 182:18 196:14 west 98:10,14,19 99:9 100:1,12 100:22 101:10 102:11 HARTOLDMONO019040 [west - zones] west (cont.) written 103:12 139:21 140:6 9:11 176:21 wrong western 37:5____________________ 170:13,18 y whatsoever 6:1526:16 106:17 113:12 whereof 208:1 white 3:7 206:1 wide 79:12 154:13 widen 118:19 wildlife 7:11 william 3:7 206:1 wish 206:1 witness 80:20 93:15 108:13 184:16 205:6 208:1,1,1,1,1 word 33:15 work y'all 83:4 144:12 yards 75:11 86:7 92:10 167:19 year 11:8 17:10 23:7 24:18 25:19 31:15 35:22 36:1,4 42:9 43:17 90:8,10 95:11 102:21 103:8 106:21 107:5 110:10 111:14 112:7 113:9 117:1 119:5 120:1 136:3 152:15 153:10,10 176:9 189:12 years 5:15 12:6,7,11 29:23 32:16 33:10 56:16 61:22 68:7 72:2 81:6 84:17 93:23 107:6,10 131:22 133:19 172:8,22 179:3 181:6 yesterday 23:17___________________ 14:18 19:2 26:1,5 37:17,18 z 64:18 67:10 83:18 88:6,7 zimpro 96:14 97:12 100:1 112:3 22:14,21 117:18 118:22 130:3 zones 144:23 146:20 147:2,8,16 33:11 149:11,22 154:2 162:22,22 167:18 175:3,19 188:11 worked 15:8 63:12 87:15 106:6 186:12 189:17 workers 14:21 working 12:23 19:4 27:15 30:19 33:8 35:11 60:12 104:4 109:18 118:14 123:19 136:5,10 141:23 200:23 workload 43:21 works 200:18,22 world 38:13 wrap 205:2 write 206:1,1 writing 208:1 HARTOLDMONO019041