Document DG1xL09b0YZor3jj4koaKN5E5

Page 2 STATE OF ALABAMA 1 EX H I B ITS 2 Plaintiffs' Marked Offered IN THE CIRCUIT COURT OF CALHOUN COUNTY 3 One 91 MARS HILL MISSIONARY Two 4 Three 106 125 BAPTIST CHURCH, etal., Plaintiffs, Four 5 Five Six 137 156 162 CIVIL ACTION NUMBER 6 Seven Eight 163 166 versus CV-96-243 7 Nine Ten 8 Eleven 174 180 185 MONSANTO COMPANY, et al., Defendants. Twelve 9 Thirteen Fourteen 196 207 226 / 10 Fifteen Sixteen 230 238 DEPOSITION OF ROBERT CHEEVER The videographic and stenographic 11 Seventeen Eighteen 12 Nineteen 248 250 250 256 deposition of ROBERT CHEEVER was taken before Twenty 13 Twenty-one 257 266 Deborah Salers Garrett, Certified Shorthand Twenty-two 267 Reporter, Registered Professional Reporter, as 14 Twenty-three Twenty-four 271 274 Commissioner, commencing at 10:10 a.m. on May 22, 1998, by the Plaintiffs, at the Ritz 15 16 No other exhibits were marked for Carlton, St. Louis, Missouri, pursuant to the 17 identification, offered or attached as exhibits hereto. stipulations set forth herein. 18 Regional Reporting Service, Inc. 19 20 755 Walnut Street Gadsden, Alabama 35901-0755 21 22 23 Page 4 1 APPEARANCES 2 For the Plaintiffs: 3 DONALD W. STEWART, Esq. STEWART & SMITH 4 1131 Leighton Avenue Anniston, Alabama 36201 5 For the Defendants: 6 WILLIAM G. COX, III, Esq. 7 LIGHTFOOT, FRANKLIN& WHITE 300 Financial Center 8 505 North 20th Street Birmingham, Alabama 35203 9 MICHAEL E. KELLY, Esq. 10 SMITH, HELMS, MULLISS & MOORE P. O. Box 21927 11 Greensboro, North Carolina 27420 12 13 INDEX Page 14 Stipulations 15 Reporter's Certificate 285 16 17 18 EXAMINATIONS 19 Witness: ROBERT CHEEVER Page 20 By Mr. Stewart 21 22 23 Page 3 Page 5 1 STIPULATIONS 2 IT IS STIPULATED AND AGREED by the 3 parties, through their respective counsel, 4 that the deposition of ROBERT CHEEVER, may 5 taken before Deborah Salers Garrett, CSR, RPR, 6 as Commissioner and Notary Public, Alabama at 7 Large, at St. Louis, Missouri, on May 22, 8 1998, at 10:10 a.m. 9 IT IS STIPULATED AND AGREED that the 10 signature to and reading of the deposition by 11 the witness is waived, the deposition to have 12 the same force and effect as if full 13 compliance were had with all laws and rules of 14 Court relating to the taking of depositions. 15 IT IS STIPULATED AND AGREED that it 16 shall not be necessary for any objections to 17 be made by counsel to any questions except as 18 to form or leading questions and that counsel 19 may make objections and assign grounds at the 20 time of trial or at the time said deposition 21 is offered in evidence or prior thereto. 22 IT IS STIPULATED AND AGREED that notice 23 of filing by the Commissioner is waived. Pages 2 - 5 HARTOLDMONO014003 Page 6 1 STATE OF MISSOURI, ST. LOUIS, MAY 22, 199* 5 1 A. 22 3 ROBERT CHEEVER, 3 Q. 4 after having been first duly sworn, was 4 5 examined and testified as follows: 5 66 7 EXAMINATION 7 8 BY MR. STEWART: 8 9 Q. Would you state your name for the 9 10 record? 10 11 A. Robert Cheever. 11 A. 12 Q. Mr. Cheever, I'm Donald Stewart. I'm 12 13 one of the attorneys representing the 13 14 plaintiffs in this case, and we are here 14 15 today to take your deposition. 1 wanted 15 16 just to say to you that if there is some 16 Q. 17 question that you don't understand --1 17 18 sometimes have a habit of asking 18 A. 19 questions that might have more than one 19 20 part to it. If you want me to separate 20 21 them out or want to consult with your 21 Q. 22 attorney or don't understand anything, 22 23 let me know and 1 will rephrase it and 23 Page 8 1 started in Springfield, Massachusetts, in June of 1969. And during the time that you have been with Monsanto, what's been your particular area of endeavor? 1 mean, what has your work been with them generally? I'll ask you specifically later about your work history. But just generally what are you trained to do, and what have you done with them? 1 started in project engineering and then moved into the environmental engineering arena and then into the environmental safety and health arena, which I'm currently part of. Tell me if you would what your current position is with Solutia. I'm the environmental safety and health coordinator for the Queeny plant, which is here in St. Louis. And have you ever had any sort of home office responsibilities, or have you always been at a plant? 1 2 3 4 5 6 7 8 9 10 11 A. 12 Q. 13 14 15 A. 16 Q. 17 A. 18 Q. 19 A. 20 Q. 21 22 A. 23 Q. Page 7 ask it again so that you do understand 1 A. it. 2 One of the other things that this 3 court reporter asks us to do -- and 1 4 Q. have a tendency to break in sometimes -- 5 A. if we will both try to honor the other's 6 Q. conversations. She can't take but one 7 person at a time. 8 Have you ever given a deposition 9 before? 10 Not of this sort, no, sir. 11 A. Have you ever been involved in a case -- 12 Well, let me ask you who your current 13 employer is. 14 Q. 1 work for Solutia, Incorporated. 15 A. Before that who did you work for? 16 Q. 1 worked for Monsanto Company. 17 A. And how long have you worked for them? 18 Q. 1 started work in 1969. 19 A. And where did you start to work for 20 Q. them? 21 Excuse me? 22 Where did you start to work for them? 23 A. Page 9 No. 1 worked in corporate environmental process design engineering for a four-year stretch. Okay. When did that occur? Between 1979 and 1983. And did you have any particular area that you worked in at that time? Was it a given product that you might have dealt with, or were you just a generalist there too? 1 was just in environmental process control design, no particular product association. That was what years, now? From April of '79 to February of '83. Where do you presently reside? 1 live in Ellisville, Missouri. Is that a suburb of St. Louis? Yes, sir. And have you reviewed any documents in preparation for this deposition here today, for your testimony here today? 1 was given some aerial photographs to Pages 6 - 9 HARTOLDMONO014004 Page 10 Page 12 1 review to kind of refresh my memory of 1 from some sampling activity that was 2 the time 1 spent in - at the Anniston 2 done by Monsanto's environmental 3 plant. 3 sciences center. 4 Q. When you say aerial photographs, are you 4 Q. And do you remember the date or the time 5 talking about aerial photographs of the 5 frame in which those lab reports were 6 Anniston plant? 6 done? 7 A. Yes, sir. 7 A. Time frame, one of them was in the '83 8 Q. And when did you review those? 8 time frame as 1 recall, and one of them 9 A. Yesterday morning. 9 was in the '86, '87 time frame as 1 10 Q. And who was present at the time you 10 recall. 1 don't remember the exact 11 reviewed those documents? 11 dates. 12 A. Buddy and Mike. 12 Q. And do you know where the testing was 13 Q. Any other documents that you looked at 13 done that was reported in those 14 in preparation for the deposition here 14 documents? 15 today? 15 A. Not specifically. 1 believe it was 16 A. There was a couple of others, just to 16 Dayton, Ohio. 17 try to help me refresh my memory. 17 Q. Well, let me rephrase the question then 18 Q. What were those, if you recall? 18 and make it a little clearer. Was the 19 A. Specifically 1 don't recall what they 19 testing that you looked at or the 20 were. It was just -- We looked at a 20 results that you looked at, did that 21 training document. 21 come from tests that were performed in 22 Q. Would that be a waste management 22 the Anniston area or around the Anniston 23 training document that you -- 23 Monsanto plant? 1 A. 2 Q. 3 A. 4 Q. 5 6 7 A. 8 9 10 Q. 11 12 A. 13 Q. 14 A. 15 Q. 16 17 18 19 A. 20 Q. 21 22 23 A. Page 11 Yes, sir. -- prepared when you were in Anniston? Yes, sir. All right. Did you look at anything else other than that training document, waste management training? There were a couple of other documents they showed me that specifically 1 can't remember exactly what they were. Do you remember what subject matter they dealt with or what they were related to? Yes, sir. What subject matter did they deal with? Subject matter was PCBs. And when you say PCBs, were they a document that the company generated or someone else generated that had to do with It was primarily company documentation. Tell me what that document was that was put together by the company that was related to PCBs that you looked at. It was a couple of -- It was lab reports 1 2 3 4 A. 5 6 7 Q. 8 9 10 11 A. 12 Q. 13 14 15 16 A. 17 Q. 18 19 20 21 22 23 Page 13 MR. COX: 1 think he wants to know where the samples came from. MR. STEWART: Yes. Okay. The sampling was done in areas around Anniston, not necessarily the Anniston plant. You are saying samples were taken. Maybe I'm confusing you. The testing or the analytical stuff was performed -- of the samples was performed at Dayton? 1 believe so, yes, sir. And the samples were taken -- You say not around the plant. Were they taken in Snow Creek and taken in Choccolocco Creek? Yes, sir. And were some of those samples that yoi looked at or the documents that you looked at that referred to samples that were done in '83 or '86 -- was that related to a dredging project that was done in Choccolocco Creek or was proposed in Choccolocco Creek? Do you Pages 10-13 HARTOLDMONO014005 Page 14 Page 16 1 remember -- 1 A. Preceding the testing. 2 A. Yes, sir. 2 Q. The plan for the testing, is that what 3 Q. -- that? 3 you are talking about? 4 A. Uh-huh (indicating yes). 4 A. Yes, sir. 5 Q. Did you see any other documents other 5 Q. Did you look at any plan or see any 6 than the test data that related to that 6 documents that - other than that, just 7 specific matter? 7 the testing documents? Is that all you 8 A. Not specifically. There were other 8 saw? 9 documents there, but 1 don't remember 9 A. That's what 1 recall seeing, uh-huh 10 reviewing anything specific that comes 10 (indicating yes). 11 to mind. 11 Q. Okay. So that would have been in '86. 12 Q. Okay. Were you there at the time that 12 What toxic chemical was involved, 13 was done, or were you -- At any point in 13 Mr. Cheever, in 1983, in the '83 tests? 14 time when you were in Anniston, were you 14 What were the people in Dayton looking 15 there when this dredging matter came 15 for in the samples that were taken? 16 up- 16 A. They were requested to look for PCBs. 17 A. Yes, sir. 17 Q. All right. Do you remember any other 18 Q. - at the Monsanto plant in Anniston? 18 chemical being involved in those '83 19 A. Yes, sir, 1 was. 19 tests other than PCBs? 20 Q. And were you involved in that? 20 A. 1 don't recall any other. 21 A. Not directly. 21 Q. What about 1986? 22 Q. But you knew something about it? 22 A. The same. 23 A. Yes, sir. 23 Q. PCBs? 1 Q. 2 3 4 5 A. 6 7 8 Q. 9 10 A. 11 Q. 12 13 14 A. 15 16 17 Q. 18 A. 19 Q. 20 A. 21 Q. 22 A. 23 Q. Page 15 Okay. Now, what documents did you looh ; 1 A. at that had to do with testing and 2 Q. analytical data that was performed in 3 1986? 4 A. It was associated with a proposed plan 5 Q. to test the sediment in Snow Creek and 6 A. an unnamed tributary of Snow Creek. 7 Q. All right. And that is the '86 document 8 that you looked at? 9 Yes, sir. 10 Did you look at anything else in 11 connection with the '86 matter other 12 than the testing data? 13 A. 1 don't remember - It was the proposed 14 plan that was put together. 1 reviewed 15 Q. that - 16 Now - 17 - for familiarity. 18 You reviewed the plan - 19 Uh-huh (indicating yes). 20 - that was put together? 21 Yes, sir. 22 A follow-up to the testing? 23 A. Page 17 Yes, sir. And that was in Snow Creek and the tributary leading to Snow Creek? Yes. Is that what you understand? That's what 1 understand, yes, sir. Now, did you see any documents that were generated by either the federal government or by the State of Alabama, either the Alabama Water Improvement Commission or the folks at ADEM that related to the 1983 incident? 1 don't recall seeing documents from either of those organizations. Okay. What about in connection with the 1986 incident? Did you see any documents that were generated either by the State of Alabama, any regulatory agency that they operated at that time, or did you see any that were generated by the federal government in connection with the 1986 testing? Not that 1 can - not that 1 recall. If Pages 14-17 HARTOLDMONO014006 1 2 3 Q. 4 5 6 7 8 9 10 11 12 A. 13 14 15 Q. 16 17 A. 18 Q. 19 20 21 A. 22 Q. 23 Page 18 there were there, 1 didn't pay much attention to them. Okay. All right. You have mentioned these test documents, and you say if they were there. Were there other documents that perhaps you just sort of scanned through and might have talked to --1 don't want to know what they said, but I'm just asking you if there were other documents than these test results that you talked about. They were primarily the documents that were --1 was given to review and look at during our conversation. Those testing results were primarily the documents? Uh-huh (indicating yes). There were other documents? Am 1 to understand there were other documents? That's just what I'm asking. Not that 1 reviewed. Okay. Did you review any deposition in preparation for your testimony here 1 2 3 4 5 6 A. 7 Q. 8 9 10 A. 11 Q. 12 13 A. 14 Q. 15 A. 16 Q. 17 18 19 A. 20 Q. 21 A. 22 23 Q. Page 20 previously testified? I'm not talking about did you see documents or read their testimony, but did you talk to Mr. Benignus or Mr. Levinskas or Mr. Papageorge -No, sir. -- before you came here today? Have you had any conversation with a gentleman named Jerry Brown? No, sir. Or Jack Mayausky about your testimony here today? No, sir. What about Mr. Faust? No, sir. After you left the Anniston plant -- By the way, when did you leave the Anniston plant? End of calendar year 1989. Okay. And where did you go after that? 1 came here to the Queeny plant in St. Louis. And you have been here ever since? 1 2 A. 3 Q. 4 5 A. 6 Q. 7 8 9 A. 10 Q. 11 12 A. 13 Q. 14 15 16 17 18 19 A. 20 Q. 21 22 A. 23 Q. Page 19 today? 1 A. No, sir. 2 Q. Any statements that had been made by 3 anybody else? 4 No, sir. 5 Either employees of Monsanto or 6 employees of -- or members of the 7 plaintiff? 8 No, sir. 9 A. Did you see any depositions from any of 10 Q. them? 11 No, sir. 12 A. Did you, Mr. Cheever, talk to anybody 13 Q. other than your lawyers who were 14 connected -- who might be connected with 15 either Solutia or Monsanto before you 16 A. came here today in preparation for your 17 Q. deposition? 18 My boss knows that I'm here. 19 I'm talking about the subject matter 20 that you would be deposed about. 21 No, sir. 22 Did you talk to anybody who has 23 A. Page 21 Yes, sir. Have you had any connection either at the corporate level or any kind of management group that might have been pulled together by either Monsanto or Solutia with PCBs since you left the plant at the end of the calendar year 1989? No, sir. Did they do any work with PCBs at the Queeny plant? Repeat the question. 1 mean any waste of PCBs -- Do you have any involvement with PCBs in connection with your work at the Queeny plant? Yes, sir. All right. I'll ask you about that in a few minutes. 1 just wanted to know. Now, you have indicated that you have been deposed before. Was that for the company as an employee of Monsanto or Solutia? 1 was an employee of the company. It Pages 18-21 HARTOLDMONO014007 Page 22 Page 24 1 was not for that. 1 was involved in a 1 A. Yes, sir. 2 project, and some equipment that was 2 Q. In the company itself -- And before 1 3 shipped for the project came in damaged 3 leave it -- And 1 may have covered it, 4 and the supplier -- 4 but 1 want to make sure. Just to be 5 Q. No. I'm talking about while you were 5 careful, 1 will withdraw that question 1 6 employed at Monsanto or employed with 6 started to make. 7 Solutia. Have you been involved in any 7 Let me just ask you. Are there 8 deposition during that period of time or 8 any other documents that you can think 9 given any -- 9 of or any other thing that you have done 10 MR. COX: That is what he is 10 in preparation for this deposition here 11 telling you about. 11 today other than what you have told us? 12 Q. This is when you were at Monsanto? 12 A. No, sir. 13 A. Yes, sir. 13 Q. All right. Now, give me some idea, 14 Q. It didn't - 14 Mr. Cheever, of what your educational 15 A. 1 answered some written --1 responded 15 background is. What is your training? 16 to some written deposition questions. 16 A. 1 graduated from the University of 17 Q. Interrogatories or questions for the 17 Vermont, bachelor of science in 18 other side -- 18 mechanical engineering degree. 19 MR. COX: Just for the record, so 19 Q. In mechanical engineering? 20 it is clear, it was a 20 A. Yes, sir. 21 deposition upon written 21 Q. Did you have any postgraduate work, a 22 questions. 22 doctorate in anything? Am 1 to call you 23 Q. But it didn't have anything to do with 23 doctor -- 1 2 A. 3 Q. 4 A. 5 Q. 6 7 8 9 A. 10 Q. 11 12 13 14 15 16 A. 17 Q. 18 19 20 21 22 23 Page 23 PCBs No, sir. -- or a chemical or anything? Not at all. Have you ever testified before any regulatory agency in any kind of administrative procedure on behalf of Monsanto Chemical Company? No, sir. Have you ever testified before any state legislature or testified before congress or any governmental entity about legislation or some quasi-governmental entity that might be involved in something like that, Mr. -No, sir. -- Cheever? So other than the testimony that you have indicated that you have given in connection with this incident about the damaged goods, that's the only time you have ever testified while serving as an employee of Monsanto Chemical Company? 1 A. 2 3 4 5 Q. 6 7 A. 8 Q. 9 10 A. 11 Q. 12 13 A. 14 Q. 15 A. 16 17 Q. 18 A. 19 20 Q. 21 22 A. 23 Page 25 No. 1 have taken some postgraduate courses in environmental engineering, but I'm not -- never received any degree for it. When did you do that? First, when did you graduate from Vermont? 1969. And did you go to work at that point in time -Yes, sir. -- with Monsanto? And where did you first go to work with them? It was in Springfield, Massachusetts. What was the plant? The plant was Indian Orchard plant, Monsanto's Indian Orchard plant. What particular thing did you do there? 1 was a project engineer in plant engineering. And in that capacity can you just tell us briefly what you did for them? Capital and addition projects and started a production area and then moved Pages 22 - 25 HARTOLDMONO014008 Page 26 Page 28 1 into a utilities and environmental arena 1 courses, if you would, Mr. Cheever. 2 when the environmental control, 2 A. 1 took one course -- and 1 don't recall 3 environmental regulations started to 3 the name of it -- at Rensselaer 4 become more prevalent in the early '70s. 4 Polytechnic, their extension service in 5 And they moved me in a role there to 5 Hartford, Connecticut. 1 took another 6 look at capital projects and maintenance 6 graduate level course at the University 7 kind of projects to protect the 7 of Massachusetts in Amherst. Frankly 1 8 environment. 8 don't remember the name of that course, 9 Q. So you started out basically as what you 9 either one. 10 had been trained to do as a mechanical 10 Q. Do you remember the subject matter of 11 engineer, planning projects. What kind 11 the courses or what they dealt with? 12 of production were you involved with in 12 A. It dealt with environmental -- 13 planning that project? 13 environmental engineering, environmental 14 A. 1 was assigned to what was known at the 14 engineering courses. 15 Indian Orchard plant as the south plant 15 Q. In other words, problems that might 16 area, which was in vinyl chloride, 16 arise in industry and how to solve those 17 polyvinyl chloride paste and polyvinyl 17 problems is what you dealt with? Is 18 chloride resin manufacture. 18 that basically it? 19 Q. Okay. When you moved in to this 19 A. Yes, sir. Some of it was around 20 position in the '70s as an environmental 20 environmental process design for waste 21 -- in the environmental side of the 21 water treatment, as 1 recall one of them 22 company, 1 assume you took with you the 22 being. 23 training that you had had both on the 23 Q. Waste water treatment? 1 2 3 4 A. 5 Q. 6 7 8 9 10 A. 11 Q. 12 A. 13 14 Q. 15 16 17 A. 18 Q. 19 20 21 A. 22 Q. 23 Page 27 job and in school from a mechanical side of it. Is that -- Is that my understanding of it? 1 didn't understand the question. Your training, as 1 understand it, is a mechanical engineer. So when you approached the environmental side, 1 assume you did it from that standpoint; is that correct or incorrect? Yes, sir. When did you go into that position? Late '69 or early '70. I'm not sure exactly when it was. So you apparently hadn't been with Monsanto long before they put you to work in that field? That's correct. Is that when you began to do the postgraduate work in the environmental -Yes, sir. -- area? Tell us what kind of courses you took and where you took those 1 A. 2 Q. 3 4 A. 5 Q. 6 7 A. 8 Q. 9 A. 10 Q. 11 12 A. 13 Q. 14 15 16 17 18 A. 19 20 21 Q. 22 A. 23 Q. Page 29 Yes, sir. All right, sir. How long did those courses last, the one at Hartford? It was a one-semester course. Okay. And the University of Massachusetts? The same. One semester? One semester. Any other graduate work that you did in addition to those two courses? No, sir. What about seminars and other training that you might have received that was less than that --1 don't mean less than, but not taken at a university, a recognized university? Constantly going to seminars and taking training on a routine basis and have ever since. Okay. It is an ongoing kind of thing. That has been true since you moved into Pages 26 - 29 HARTOLDMONO014009 Page 30 Page 32 1 this area in the company in 1969, then? 1 time to time by Monsanto to train you in 2 A. Yes, sir. 2 the environmental area, or is it 3 Q. How frequent --1 don't want to ask you 3 something that trade associations put on 4 about every course, Mr. Cheever, that 4 and they encourage you to go to? 5 you have taken. 1 don't want to beat 5 A. It is both. Monsanto has hired or 6 that horse to death, but 1 do want to 6 brought in consultants to train us all 7 ask you about it to get some general 7 from across the enterprise, or some 8 idea for the jury as to what kind of 8 consultants just go from city to city 9 training frequency you have had. 9 offering certain training courses, and 10 A. No less than annual. Two or three 10 you sign up and go when they are in a 11 courses a year, or seminars. 11 city that is convenient. 12 Q. How long are those courses generally 12 Q. Tell us if you would the major subject 13 for, a couple of days or a week or -- 13 areas that you have concentrated on at 14 A. They range anywhere from two days to 14 these seminars down through the years. 15 three days or a week. 15 You have indicated you go at least 16 Q. And are those -- 16 annually and perhaps sometimes two and 17 A. It is -- 17 three times a year. 18 Q. Go ahead. 18 A. Uh-huh (indicating yes). 19 A. They vary in lengths. There is no set 19 Q. Do you have an area of expertise that 20 standard, 1 guess. 20 you have carved out or areas that you 21 Q. Did Monsanto pay -- Does Monsanto pay 21 have participated in seminars and 22 for those seminars and for that training 22 received training in? 23 that you have received over the years? 23 A. There is no one area. 1 have been 1 A. 2 Q. 3 4 A. 5 Q. 6 7 8 9 10 11 12 13 A. 14 Q. 15 A. 16 17 18 Q. 19 A. 20 21 Q. 22 A. 23 Q. Page 31 Yes, sir. 1 And what about the two semester courses; 2 that you took? 3 They paid for that also. 4 All right. And would you give us some 5 idea of the kind of entities that hold 6 the seminars that you attend on a 7 regular basis? Are these industry-type 8 seminars that are held and conducted, 9 governmental or a combination of both or 10 universities? Can you give us some idea 11 of that? 12 They are all of those. 13 All of the three that 1 have mentioned? 14 Plus some consultants provide training 15 seminars and training workshops around 16 Q. different subject matters as well. 17 All right. 18 It is the whole realm, some of them 19 trade associations -- 20 And are - 21 A. -- in addition. 22 Q. Are those consultants called in from 23 A. Page 33 involved in hazardous waste management. I'm involved in air pollution control, and I'm involved in water pollution control. And I've taken sessions in all those subjects matters so that 1 can maintain some knowledge in the areas. 1 have done worker's compensation classes because 1 manage the worker's compensation area at the Queeny plant. Industrial hygiene basic understanding, because 1 was involved in that. 1 have been to some occupational health seminars because 1 have a responsibility around that in my current position as well. So 1 cover all areas. Now, before you went to the Anniston plant, had you received training in -You had obviously received the training that you mentioned at the two universities -Uh-huh (indicating yes). - is that correct? That's correct. Pages 30 - 33 HARTOLDMON0014010 1 Q. 2 3 A. 4 5 6 7 Q. 8 9 A. 10 Q. 11 A. 12 Q. 13 14 A. 15 16 17 Q. 18 19 20 A. 21 Q. 22 23 Page 34 When was it you went -- is it Rensselaer? It was RPI of Hartford. It was an extension course that was offered in Hartford, Connecticut. It was RPI out of Rensselaer, New York. When did you complete that, just in your best judgment -1 don't recall. It was mid '70s. So it was before you went to Anniston? Yes, sir. Is the same true for the course you took at the University of Massachusetts? Yes, sir. It might have been the early '70s. 1 don't recall exactly when. It was in that time frame. Now, you mentioned you had training at seminars in hazardous waste management -Uh-huh (indicating yes). -- whether it was air or water pollution or 1 assume just the management of the waste facility itself. Did you have any 1 2 Q. 3 4 5 A. 6 Q. 7 A. 8 9 10 11 12 13 14 15 Q. 16 A. 17 Q. 18 A. 19 20 21 Q. 22 A. 23 Page 36 courses. There are all different kinds. Now, hazardous waste management, had you had a number of courses in that before you went to the Anniston plant? Not a large number. Had you had any at all? 1 don't recall if 1 had --1 think 1 had had some before 1 went down there. Hazardous waste management regulations were in the -- you know, came out in the late '70s. So there wasn't a whole lot of training prior to the regulations being promulgated in the late '70s, '78, '79, '80. But you had had some? 1 had had some, yes, sir. And what about water and -Yes, sir. 1 had some water pollution control design projects while 1 was in corporate engineering. Tell me about those. 1 was -- assisted one of our corporate specialists in the design of a waste Page 35 Page 37 1 of those courses -- or did you have a 1 water treatment facility for a plant 2 large number of those courses before you 2 expansion in Muscatine, Iowa. 3 went to the Anniston plant? 3 Q. When did you do that? 4 A. 1 don't remember a large number. 4 A. It was in'80,'81,'82 time frame. 1 5 Q. But had you had some -- 5 don't remember exact dates. 6 A. 1 had had some, yes, sir. 6 Q. What was the scope of the project that 7 Q. -- before you went there? Can you tell 7 you were involved in at that time, 8 us which of those areas you had 8 Mr. Cheever? 9 concentrated on most before you went to 9 A. It was designing a waste water treatment 10 the Anniston plant to assume the 10 plant expansion for the Muscatine, Iowa, 11 position that you assumed there? 11 Monsanto plant. 12 A. I'm not sure there was one area that 1 12 Q. What did they make there? 13 concentrated on any more than another. 13 A. They are an agriculture chemical and 14 Maybe air pollution control. If 1 was 14 plastic products producing facility. 15 going to select one, that might -- When 15 Q. What kind of plastic products did they 16 1 was in corporate engineering, that was 16 make? 17 my primary area of focus. 17 A. Polystyrene products. 18 Q. So you had taken a number of courses in 18 Q. Was the waste water treatment facility a 19 that before you went to Anniston? 19 biological thing -- 20 A. Yes, sir. 20 A. Yes, sir. 21 Q. Those were the seminars that you are 21 Q. -- where you have little bugs in there 22 talking about that you took -- 22 and they supposedly detoxify the 23 A. Seminars and workshops, training 23 chemical or make it safe? Pages 34 - 37 HARTOLDMON0014011 1 A. 2 3 Q. 4 5 A. 6 7 8 9 Q. 10 11 12 13 A. 14 15 16 Q. 17 18 19 20 A. 21 22 23 Page 38 Break down organics and water, food, CO, C02. What was your particular responsibility in that project? 1 was assisting one of our senior engineers in the design of the -- design and the layout and sizing of equipment and the specification of the equipment. Was it a new -- Was it an innovative technique, or was it just an older technique where y'all just expanded the facility they already had in place? It was essentially a conventional waste water treatment plant that we were expanding. Any other projects similar to that that you have been involved in both on the environmental side and as a mechanical engineer before you went to Anniston? Yes, sir. 1 was involved in the design and installation of some incinerators at Alvin, Texas, Texas City, Texas, and one for the facility in Sauget, Illinois. 1 2 Q. 3 4 5 A. 6 Q. 7 A. 8 9 10 11 12 Q. 13 14 15 16 A. 17 18 19 20 21 22 23 Page 40 time. That's all right. We will make a stab at it later. What is that product made from, Mr. -- 1 don't know. -- Cheever? It was a material that was purchased by those two sites and brought into the facility or made at those two facilities and shipped out in either barge or rail car. 1 don't know how it is made. What exactly did y'all design there to take care of -- Was it vapors coming off the product while it sat on barges? Is that what it was or -The material was loaded into dedicated barges or rail cars, and we were to capture the vapors that were coming off, as putting liquid in, vapors are being displaced from either the barge or the rail car, where it would be conveyed into a thermo-oxidizer for treatment. And we designed the delivery system from Page 39 Page 41 1 Q. Tell me about the design and 1 the barge or the rail car up to the 2 installation of the incinerator at the 2 treatment device and then designed the 3 Texas plant. 3 treatment device itself. 4 A. Okay. 4 Q. Okay. And when you did that and put it 5 Q. When did you do that? 5 in place, 1 assume that the incinerator 6 A. That was in that same time frame when 1 6 -- Did it work, what you had put 7 was in corporate engineering between 7 together? 8 1979 and 1983, when we were installing 8 A. Yes, sir. 9 some vapor incinerators for the 9 Q. And who was it that you worked with on 10 treatment of displaced vapors off barges 10 that project? 11 and rail cars. 11 A. Oh, boy, 1 don't remember anyone. 12 Q. Now, what particular chemical product 12 Q. Were you in charges of the project 13 was involved that y'all -- that you did 13 yourself. 14 that? 14 A. 1 was a member of a project team. The 15 A. Acrylonitrile. 15 way the company operated, 1 was just 16 Q. Can you spell that for her? 16 another member of a team of people 17 A. The chemical is acrylonitrile, AN by 17 working on the project, civil engineers 18 acronym. 1 don't know if 1 can spell it 18 and others. 19 or not. 19 Q. And your part of it was the mechanical 20 Q. I'll withdraw the question. After 1 got 20 side of it? 21 it out of my mouth, 1 saw it might 21 A. My part was essentially purchase -- 22 create some problem. 22 specification and purchasing of the 23 A. 1 can probably spell it given enough 23 incinerator, thermo-oxidizers, and being Pages 38 - 41 HARTOLDMON0014012 Page 42 Page 44 1 there during the installation and 1 you mean by solid waste. 2 training and start-up and initial 2 A. Solid waste is defined by the Resource 3 operation. 3 Conservation Recovery Act as any waste 4 Q. All right, sir. Now, what was the next 4 material that is not -- essentially not 5 project that you just got through 5 a liquid. 6 telling us that you participated in 6 MR. STEWART: Can we stop? 7 while you were at the corporate level? 7 (Discussion held off record.) 8 1 assume you were in the environmental 8 Q. Mr. Cheever, you were telling us about 9 side. 9 the incinerator and about solid wastes 10 A. Yes, sir, 1 was. 1 was part of the 10 at the time we left. What kinds of 11 environmental process design group. 11 wastes did y'all propose to dispose of 12 Q. And you were at a plant in Illinois? 12 in this particular project? 13 A. 1 was involved in the design and 13 A. Manufacturing -- current manufacturing 14 permitting of what was known as the St. 14 wastes that were non-liquid in nature. 15 Louis area-wide incinerator, which was 15 Q. From the plant there in Krummrich? 16 to be a rotary kiln, hazardous waste, 16 A. From many plants in the mid west area. 17 solid waste incinerator that was 17 Q. What other plants were you proposing to 18 proposed to be installed in Sauget, 18 take wastes from at Krummrich and 19 Illinois, at the Krummrich plant and was 19 incinerate? 20 never --1 mean, we worked the design up 20 A. 1 don't remember all of them. There 21 to and including permitting, but the 21 were several plants at that time in the 22 decision was made not to put it in. 22 St. Louis area, but 1 don't recall 23 Q. All right. Now, tell me about when you 23 exactly all the plants that were talked Page 43 Page 45 1 first got involved in that. 1 about. 2 A. Uh-huh (indicating yes). 2 Q. Just give me in your best judgment of 3 Q. When did you first get -- 3 what they were. 4 A. When did 1 first get involved? There 4 A. Well, there were three major 5 again, it was early -- probably one of 5 manufacturing sites at that point in 6 the first projects 1 picked up on when 1 6 time here in the St. Louis area, 7 joined that group in mid '79. 7 Krummrich, Queeny, and the Carondolet 8 Q. So in the mid '79 period you joined a 8 plant. And 1 believe we were talking 9 group that was designing an 9 about bring waste down from Iowa, the 10 incinerator -- 10 Muscatine, Iowa, plant. 1 don't 11 A. Uh-huh (indicating yes). 11 remember if there were others or not. 12 Q. -- for the St. Louis area -- 12 Q. How big a project are we talking about? 13 A. Right. 13 What size incinerator were you talking 14 Q. -- to dispose of solid waste -- 14 about, Mr. Cheever? 15 A. That is correct. 15 A. 1 don't recall the size of it. It was a 16 Q. -- by incineration? 16 good size, but 1 don't recall. 17 A. Uh-huh (indicating yes). 17 Q. Do you recall the money that was 18 Q. And it was to be installed at Krummrich? 18 involved? 19 A. Yes, sir. 19 A. No, sir, 1 don't. 20 Q. Now, tell us what you mean by solid 20 Q. Was it in the millions of dollars? 21 waste, Mr. Cheever. Just assume I'm 21 A. Yes, sir, 1 believe so. 22 totally ignorant of the chemical 22 Q. Was it in excess of five million 23 manufacturing business and tell us what 23 dollars? Pages 42 - 45 HARTOLDMON0014013 Page 46 Page 48 1 A. 1 don't remember. 1 Q. Now, is this project team that was put 2 Q. Do you remember the process -- Can you 2 together -- Did it come out of the 3 tell us or explain to us the process 3 environmental group at the corporate 4 that y'all were going to use at that 4 level? 5 time to operate this incinerator? What 5 A. We were part of the team. It wasn't the 6 kind of process were -- 6 total team. 7 A. It was a rotary kiln followed by a 7 Q. Where did the other people come from, 8 thermo-oxidizer as the treatment train. 8 from the plants that would be served by 9 Q. Can you explain that? Break that down 9 this or from outside of Monsanto or -- 10 and explain it. Just assume I'm totally 10 A. There were other engineering disciplines 11 ignorant of the mechanical and chemical 11 from within the corporate engineering 12 processes that are involved in this 12 structure, civil engineers, other 13 thing. Explain it so that even 1 and 13 mechanical engineers, electrical and 14 the jury can understand it, Mr. Cheever. 14 instrument engineers. 15 A. I'll try. 15 Q. All of them from inside corporate but 16 Q. In simpler terms. 16 also all of them from Monsanto? 17 A. A rotary kiln is a large drum that 17 A. Yes, sir. 18 rotates on a long horizontal axis. It 18 Q. Was this something that you all were 19 is like a cement mixer type thing, that 19 designing yourself, or is it something 20 kind of arrangement. You feed fuel and 20 you bought off the shelf and modified, 21 fire on one end, and you put in the 21 or what was the nature of that aspect of 22 waste product to be treated at the other 22 this incinerator? 23 end. And they kind of commingle. As 23 A. The incinerator would be purchased Page 47 Page 49 1 one moves up the kiln in one direction, 1 equipment that you would buy from kiln 2 waste goes down the kiln in the other 2 incinerator manufacturers. 3 direction. At the discharge end you get 3 Q. There were people, then, at that time 4 treated ash. The vapors or the organics 4 who were manufacturing these kilns? 5 that are oxidized off the material in 5 A. Yes, sir. 6 the kiln go through a thermo-oxidizer, 6 Q. What amount of waste did y'all 7 which operates at a higher temperature, 7 anticipate you would be handling at this 8 which is like an incinerator, but it is 8 Krummrich plant at that time? 9 taking the off-gasses from the kiln and 9 A. 1 don't recall the exact size or the 10 further treating them at a higher 10 amounts of waste that were scheduled. 11 temperature and a longer residence time 11 Q. You don't have any idea about that? 12 to treat the organics to water vapor and 12 A. Close to twenty years ago, and 1 -- 13 typical combustion products. 13 Q. 1 understand that. 14 Q. Now, what kind of temperatures were you 14 A. --just don't remember. 15 talking about in the rotary kiln itself? 15 Q. Okay. Now, who is it that headed up the 16 A. 1 don't recall exactly, but they are in 16 project, Mr. Cheever? 17 the eighteen hundred degrees, two 17 A. 1 don't recall who the person was. 18 thousand degree range. 18 Someone from Monsanto's -- we have a 19 Q. And then was it hotter in the other 19 group -- had a group back then of 20 process that you mentioned? 20 individuals who serve as project 21 A. Yes, sir. And it goes up into the 21 managers, and 1 don't recall who the 22 twenty-five hundred, three thousand 22 manager of that project was. 23 degree range as 1 recall. 23 Q. Do you recall anybody else that you Pages 46 - 49 HARTOLDMON0014014 Page 50 Page 52 1 worked with on the project? 1 the design, which was the early '80s. 2 A. A man from the Krummrich facility by the 2 Q. Why is it that y'all chose the 3 name of Dick Sinise. 3 incinerator -- your group chose the 4 Q. Dick what? 4 incinerator? Is it something y'all were 5 A. Sinise. 5 given the responsibility to come up with 6 Q. How do you spell that last name? Do you 6 -- a problem that you had to come up 7 know? 7 with a response to, or did someone tell 8 A. S-i-n-i-s-e. And he and 1 worked 8 you they wanted you to design an 9 together to obtain the air permits 9 incinerator? How did that happen? 10 necessary to site the unit in Illinois. 10 A. It was a corporate decision to look at 11 Q. Did y'all get those air permits? 11 the feasibility and the cost and could 12 A. Yes, sir. 12 it be done to provide in-house corporate 13 Q. And did you file with a regulatory 13 incineration as a treatment technology 14 agency to get those air permits? 14 for waste disposal. 15 A. Yes, sir. 15 Q. And you indicated that the corporate 16 Q. And can you tell me the name of the 16 decision was to not do that at that 17 regulatory agency, what it is known as 17 time. 18 here in Illinois? 18 A. Yes, sir. 19 A. EPA region five and the Illinois EPA 19 Q. And do you know why? Were you all told 20 were the two controlling agencies. 20 why? 21 Q. Okay. Illinois -- 21 A. 1 believe it was an economic decision, 22 A. EPA, Environmental Protection Agency. 22 but I'm not --1 don't know for sure, 23 I'm sorry. 23 was not part of the decision process. Page 51 Page 53 1 Q. So you have an Illinois EPA and then the 1 Q. That's because -- Are you talking about 2 region five EPA of the federal 2 the costs were too high? 3 government. What documents did you 3 A. Yes. 4 file? 4 Q. Okay. 5 A. We filed the necessary documentation to 5 A. As 1 recall, it was determined that the 6 obtain a prevention of significant 6 cost per pound was greater do it 7 deterioration or PSD permit. 7 ourselves than to continue to rely on 8 Q. What made up that? Did you have an 8 commercially available facilities that 9 explanation of how this system was going 9 provided the same treatment technology. 10 to work and explanation of what kind of 10 Q. Okay. So what you all were doing was 11 waste you were going to be disposing of? 11 building your own, but you had -- In 12 A. 1 believe that was all part of the 12 order to get rid of this waste, you had 13 application package. Yes, sir. 13 been contracting to have it done by 14 Q. Tell me if you would if PCBs were going 14 someone else? 15 to be disposed of in this kiln. 15 A. Yes, sir. 16 A. No, sir. 1 don't believe they were. 1 16 Q. And with whom were these plants 17 don't recall for sure, but 1 don't 17 contracting at that time to have the 18 believe they were. 18 waste incinerated? 19 Q. Why is that? 19 A. There were several that the corporation 20 A. It was designed for current 20 used, I'm sure, that provided that. 21 manufacturing wastes at that particular 21 Rawlings Environmental is one that comes 22 point in time and those that were 22 to mind. 23 projected into the future at the time of 23 Q. Where were they located? Pages 50 - 53 HARTOLDMON0014015 1 A. 2 3 4 5 6 Q. 7 8 9 10 Q. 11 12 13 14 15 16 17 A. 18 19 20 21 22 23 Q. Page 54 They have three locations, or they had three locations that 1 was aware of, Bridgeport, Tennessee -- Bridgeport, New Jersey, I'm sorry; Baton Rouge, Louisiana; and Deerpark, Texas. What type waste was Monsanto shipping to those? MR. STEWART: Off the record. (Discussion held off record.) Mr. Cheever, you were telling me about the incinerators at Bridgeport and Baton Rouge and Deerpark, Texas. Can you tell me what kind of waste Monsanto was shipping to those plants --1 mean, those incinerating facilities at that time? No. 1 really can't because 1 was not, you know, located at a site. Manufacturing byproducts and the waste off chemical manufacturing, 1 guess, but 1 don't know exactly what was being sent. Would it be the still bottoms off some 1 2 3 4 5 6 7 8 9 10 11 A. 12 Q. 13 14 15 16 17 18 A. 19 Q. 20 A. 21 Q. 22 23 Page 56 given by other witnesses in the case that they -- and in documents it is indicated that they had an incinerator at the Krummrich plant that was established at some period of time -and it might have been in this same time frame or even earlier in the '70s -- to dispose of liquid PCBs, product that was returned by customers. Are you familiar with that process? No, sir, I'm not. Did you know at the time that you were working on this project for the Krummrich plant or become familiar with the fact they had an incinerator facility there to dispose of liquid PCBs? No, I'm not. OrPCB 1 wasn't aware of that. As a person who has been involved in the environmental aspects of PCBs -- not PCBs, but the company itself for a Page 55 Page 57 1 of the processes that might have gone 1 number of years, do you know what 2 on? Is that what you're talking about, 2 Monsanto's particular philosophy is in 3 solid waste, residue that is left and 3 connection with the best method to use 4 remains after you went through a 4 to dispose of waste matter? Is there a 5 chemical process? Is that what we are 5 listing or any document that you have 6 talking about? 6 ever seen that indicated the best 7 A. Among other things, I'm sure. 7 processes to use, sort of a one, two, 8 Q. Do you know if any landfill stuff that 8 three? If we do it this way or -- 9 had been temporarily placed in a 9 A. There is a corporate guideline that 10 landfill might have been dug up and sent 10 lists a hierarchy of suggested 11 to those incinerating plants during this 11 approaches for the treatment and 12 time frame, in the early '80s? 12 disposal of wastes from current 13 A. I'm not aware of any. 13 manufacturing processes. 14 Q. Okay. 14 Q. And can you tell me what that guideline 15 A. 1 don't know -- I'm not aware of any. 15 would indicate? Are you familiar enough 16 Q. Tell me if you would if the Krummrich 16 with it to recite it for us today? 17 plant was sending waste matter to those 17 A. No, I'm not. 1 know that the first 18 facilities. 18 approach is not to generate the waste to 19 A. 1 don't know the answer to that. 1 was 19 begin with if you can do that. 20 not involved with the day-to-day 20 Q. Okay. 21 activities at the Krummrich plant, so 1 21 A. And the last approach is to -- last 22 don't know if they were or not. 22 resort approach is to landfill, and 23 Q. There has been some testimony previously 23 everything in between. As 1 recall --1 Pages 54 - 57 HARTOLDMON0014016 Page 58 Page 60 1 can't recite it exact, but as 1 recall, 1 A. It is good management and good 2 recycle or reuse is high up in the 2 engineering practice not to do that, but 3 approaches, to try to reuse or recycle 3 1 don't recall a company prohibition. 4 the material if you can or to render it 4 Q. Tell me when you became aware of the 5 recyclable or reusable. Incineration as 5 fact it was good management and good 6 a treatment technology is kind of maybe 6 engineering practice not to do that, to 7 in the middle as 1 recall of the 7 landfill something so it might adversely 8 hierarchy of treatment and disposal 8 affect a stream. Would that have been 9 techniques. And biological treatment is 9 early on in your time with Monsanto? 10 in there somewhere as a method for 10 A. 1 guess, yes. 11 rendering waste safe or nonhazardous if 11 Q. When you first started in environmental 12 it is a hazardous waste. 12 management in '69, '70, '71, '72 period? 13 But 1 don't recall exactly what 13 A. Yes, sir. It just made sense not to do 14 the hierarchy is and the exact wording 14 that. 15 and the number or lettering of them, but 15 Q. Now, let me go back and ask you if you 16 it is kind of like that, you know. You 16 would to tell me, Mr. Cheever, if you 17 look at land disposal as the -- 17 would give us just a brief summary of 18 Q. Last of the -- 18 your work history. You have indicated 19 A. Well, depends on the type material we 19 -- And you probably covered this, but if 20 are talking about. 1 mean, if it is 20 you could just summarize it. 21 construction debris or brick and rubble 21 A. Surely. 22 from facilities that are being 22 Q. And then 1 want to center on the 23 dismantled or retired and torn down, 23 Anniston situation. But you have 1 2 3 4 5 Q. 6 7 8 9 10 A. 11 12 13 14 Q. 15 16 17 18 19 20 21 A. 22 23 Q. Page 59 that's probably -- you know, kind of 1 reverses, turns the hierarchy 2 upside-down. It is the kind of 3 A. materials that are often landfilled. 4 Can you tell me, Mr. Cheever, when this 5 policy, if you know, became a part of 6 the policy of the company and how you 7 operated in connection with the 8 environment? Did it sort of -- 9 In the early '80s. 1 don't recall 10 exactly when. Early to mid '80s is when 11 1 recall seeing it originally, the first 12 issue. 13 Q. Do you remember or recall whether or not 14 there might have been some connection 15 A. between -- or prohibition that might 16 have existed prior to that about 17 landfilling waste that might have the 18 possibility of affecting a stream, 19 contaminating a stream or water system? 20 Prohibition, I'm not aware of any 21 company prohibition. 22 Q. Did it - 23 A. Page 61 indicated you went to work already in '69 and Right. 1 started with Monsanto in Indian Orchard, as 1 mentioned before, in 1969, June. In April of 1979 1 was promoted into a corporate engineering position in the environmental process design group. And 1 -- In February 1 guess it was --1 think it was around February of 1983 1 moved from that position to a position at the Anniston plant. What was the position at the Anniston plant? Environmental specialist, 1 believe was the title. And 1 was there from --1 started there in 1980 -- around February of '83, as 1 recall, and 1 stayed there until 1 relocated back here to St. Louis on -- January 2, 1990, is when 1 officially started work. At the Queeny plant. Pages 58 - 61 HARTOLDMON0014017 Page 62 Page 64 1 Q. -- Queeny plant? 1 1983 did you have any specific 2 A. Yes, sir. 2 relationship with any projects that 3 Q. And your position there? 3 dealt with PCBs? 4 A. I'm now the environmental safety and 4 A. Not that 1 recall. 5 health coordinator. 5 Q. Were you a part of any task force at any 6 Q. What did you start out as? 6 given time during 1979 to 1983 that 7 A. 1 was the environmental and health 7 would have related to PCBs or the -- 8 superintendent, and then 1 was the 8 A. No, sir. 9 environmental safety and health general 9 Q. Did you have any relationship or 10 superintendent. And the plant 10 conversations with either -- Bill 11 management was disbanded and combined 11 Papageorge during that period of time? 12 with the Krummrich plant in October of 12 Did you know Mr. Papageorge? 13 1996, so 1 became environmental health 13 A. 1 knew who he was. 14 coordinator for the Queeny site. 14 Q. Did you have any conversation with him 15 Q. When you say combined plant, did they -- 15 about PCBs or PCB problems during that 16 A. Combined the management. 16 period of time? 17 Q. -- combine the management of Queeny and 17 A. Not that 1 recall. 18 Krummrich? 18 Q. Who was medical director at that time? 19 A. I'm sorry. Yes, sir, they did. 19 Did you know him or have any contact 20 Q. Now, were you at corporate headquarters 20 with him in your position? 21 here in St. Louis when you worked and 21 A. 1 couldn't tell you. 1 don't have any 22 were promoted in April of 1979? Did you 22 idea. 23 work here until February of 1983? Were 23 Q. Okay. Now, how is it that you came to 1 2 A. 3 Q. 4 A. 5 6 7 8 9 10 11 12 13 Q. 14 A. 15 16 17 18 19 20 Q. 21 A. 22 23 Q. Page 63 you here in St. Louis? 1 Yes, sir. 2 Who was your boss? 3 My direct supervisor was Pat -- was a 4 Q. gentleman by the name of Pat Brown. The 5 A. director of our resource center, as we 6 were called -- There were three of them. 7 Originally it was Pete Cunningham and 8 then Chuck Maelik, and ended up with Art 9 Hines, had three directors -- not 10 directors, but managers of that resource 11 center during the time 1 was there. 12 Who did those gentlemen respond to? 13 Excuse me. We had a director and 14 eventually ended up --1 forget how many 15 lawyers of organization there were. We 16 ultimately reported to the vice 17 president of facilities and material for 18 Monsanto. 19 Okay. 20 1 don't recall how many other layers of 21 organization were in there. 22 Okay. At any point in time from 1979 to 23 Page 65 be moved from -- in February of '93 to the Anniston area? MR. COX: '83. '83, pardon me. Corporate engineering was going through a time of downsizing, releasing relatively young engineers, people who had short duration with the company. And 1 was in this organization. At that same point in time the position or some -- a position had opened up at the Anniston plant, and one of the employees -- one of my co-workers in the group 1 was in had been down to interview for the job and came back and was talking about the job that was available at Anniston. He was not interested in going to Anniston. 1 had been in a corporate position for four years, and 1 wanted to get back into the plant environment because 1 enjoy that. And so 1 said, hey, 1 would be interested maybe, and so 1 went down Pages 62 - 65 HARTOLDMON0014018 1 2 3 Q. 4 5 A. 6 Q. 7 8 9 10 A. 11 12 13 14 15 16 17 Q. 18 19 A. 20 Q. 21 22 A. 23 Q. Page 66 for an interview and was transferred, hired down there and transferred. Who was your immediate supervisor at that time? Jerry Brown. And what exactly did your job entail as an environmental specialist when you went into the plant at the Anniston facility there? Was to manage the day-to-day current operations in compliance with the environmental rules and regulations that were in effect both in the State of Alabama and from a federal perspective and corporate -- comply with corporate requirements and so forth. Who did you immediately report to, Jerry Brown -Yes, sir. -- or did you report to the plant manager? 1 reported to Jerry Brown. Who was the plant manager at the time 1 Q. 2 3 4 A. 5 6 7 Q. 8 9 10 11 A. 12 Q. 13 A. 14 15 16 17 Q. 18 A. 19 20 Q. 21 22 A. 23 Page 68 Was that toward the tail end of your time there or mid point, or when was that? That was towards the -- As 1 recall, it was towards the end of my term down there. What were your duties and responsibilities in the second position that you mentioned, and could you state that for us again? Duties -- There really was no change. No change? There was just a recognition -- It was a level increase to recognize years in service and as a recognition of doing a good job. And that was -Typical promotion within a work relationship. Did you report in your second position to Jerry Brown or to the plant manager? 1 believe --1 think 1 had both. 1 think -- As 1 recall, 1 reported to Page 67 Page 69 1 you went down there? 1 Jerry for a short period of time and 2 A. Ed Jurevic. 2 then to the plant manager. 3 Q. Was he the plant manager the full time 3 Q. And the last position you held, you 4 you were there? 4 mentioned it there at Anniston, what is 5 A. No, sir. 5 the name you were given or title that 6 Q. Who were the other plant managers during 6 you were given at that time? 7 the time you were there? 7 A. Senior environmental specialist. 8 A. Dave Denner was the other plant manager 8 Q. So the senior environmental -- You moved 9 who was there when 1 was there. 9 from the environmental specialist to the 10 Q. And those were the two plant managers? 10 senior environmental specialist? 11 A. Yes, sir. 11 A. Uh-huh (indicating yes). 12 Q. At some point in time were you moved 12 Q. Did your duties change later at some 13 from the environmental specialist 13 point in time? 14 position to another position while you 14 A. Not significantly. 15 were in Anniston? 15 Q. So you dealt with regulatory agencies 16 A. 1 became - 1 was promoted from an 16 while you were there? 17 environmental specialist to the senior 17 A. Associated with the ongoing operations, 18 environmental specialist while 1 was 18 yes, sir. 19 there, and 1 don't recall exactly when. 19 Q. Did you deal with ADEM? 20 But at one time -- At some point in time 20 A. Yes, sir. 21 1 was moved from the technical 21 Q. They were in place? 22 department to a direct report to the 22 A. Yes, sir. 23 plant manager. 23 Q. What about the Alabama Water Improvement Pages 66 - 69 HARTOLDMON0014019 Page 70 Page 72 1 Commission? 1 responsibility of dealing with the 2 A. 1 don't recall them. 1 worked with 2 agencies when 1 first went down there 3 Alabama Department of Environmental 3 was Jerry Brown, and 1 went along. And 4 Management. But WIC, it was a 4 then as 1 became more comfortable and 5 predecessor organization as 1 recall, so 5 more familiar, 1 think 1 assumed more -- 6 1 think they were gone. 6 I'd like to think 1 assumed more of the 7 Q. Who in particular did you deal with when 7 primary role. 8 you were down there, Mr. Cheever? 8 Q. And he was the chief chemist there at 9 A. Well, some of the names that 1 remember 9 the plant, so you assumed that role, 10 are Jim Moore from the water side. 10 sort of moved into that position. And 11 There was a man -- a man -- his last 11 he continued to do the work that he did 12 name was Hardy. 1 don't remember his 12 with the process things, and you sort of 13 first name. That was on the air side, 13 took the regulators on? Is that 14 on the air pollution control side. 1 14 basically it or handled their relations 15 interacted with Richard Gresnick or 15 with them? 16 Goursnick, however you pronounce his 16 A. It was my understanding his job was kind 17 last name. He was on the air side as 17 of like the technical superintendent 18 well. On the hazardous or the solid 18 when 1 went down there. And as a 19 waste side of the agency 1 remember 19 technical superintendent he had the 20 dealing with a person by the name of 20 engineering function, the laboratory 21 Buddy Cox. 21 function, and he had the environmental 22 Q. Unrelated to the Buddy Cox here today, 22 control function. There might have been 23 certainly not the same person? 23 some others --1 don't recall at this Page 71 Page 73 1 A. It is not the same person, no. 1 point in time -- that he had, you know, 2 Q. Anybody else that you recall? 2 kind of the managerial responsibility 3 A. 1 don't know. 1 can remember meeting -- 3 for. 4 sitting in meetings with Lee Pigease, 4 Q. In your position, though, you dealt with 5 who was the head of that organization. 5 compliance with regulations? Was that 6 1 wouldn't go on to say that 1 knew him. 6 one of your responsibilities? 7 1 mean, 1 was there when -- in meetings 7 A. Yes, sir. 8 when he was there, and 1 remember --1 8 Q. You also dealt, 1 believe you have 9 remember meet -- being in meetings with 9 indicated, with meeting not only 10 whoever preceded him in that job, and 1 10 compliance with regulations at the state 11 don't remember his name. 11 level but the federal level. Did you 12 Q. 1 don't remember who it was, but 1 know 12 deal with EPA and other people in 13 Lee real well. 1 used to sit by him in 13 connection with any problem? 14 the legislature. 1 know Lee well. 14 A. Yes, sir, uh-huh. 15 Tell me. Listing those names and 15 Q. And 1 assume any other state agency that 16 going through that regulatory agency 16 might be involved? 17 where you seemed to be fairly familiar, 17 A. 1 don't remember dealing with any others 18 were you the one at the plant, after you 18 than ADEM other than the local waste 19 went there in 1983, that was primarily 19 water treatment people in the City of 20 responsible for handling environmental 20 Anniston. 21 issues? 21 Q. Tell me about that. 22 A. Primarily responsible? 1 had the 22 A. Well, we had -- The Anniston plant has a 23 day-to-day activities. 1 guess primary 23 waste water treatment plant that Pages 70 - 73 HARTOLDMONO014020 1 2 3 4 5 6 7 8 9 Q. 10 11 A. 12 Q. 13 A. 14 Q. 15 A. 16 Q. 17 18 19 20 21 A. 22 23 Page 74 discharges into the City of Anniston waste water publically owned treatment works, and so we had to monitor our waste effluent, waste water effluent into the city and provide the City of Anniston with routine reports. And 1 don't remember the person 1 dealt with there, but 1 remember dealing with them. Do you remember a gentleman named John Borden? No, sir. You don't remember John? No, sir. Or ever have any dealings with him? 1 may have had. 1 don't remember. Tell me if you would, Mr. Cheever, if you were responsible for testing at that time of the waste water that came out of the plant and the waste facilities that were located on the plant site. There was -- The company, the plant had a permit, and 1 was responsible for insuring that the permit conditions were 1 2 3 A. 4 5 6 7 Q. 8 9 10 11 12 13 A. 14 Q. 15 16 17 A. 18 Q. 19 20 21 22 23 A. Page 76 if any that was done in connection with the operation of those facilities? 1 had the responsibility to insure that the requirements of the permit to operate the facility were carried out and maintained. Okay. When you say permit, you are talking about a permit that y'all had for the discharge of water in the sewage treatment plant, and then in the landfill y'all had a permit to operate those landfills? Yes, sir. Were you at that time disposing of waste that -- current waste that the plant was producing in some of those landfills? Yes, sir. Did you also have some waste that had been previously buried there that you also had a responsibility to look over and see and manage and make sure it stayed where it was supposed to? There were some closed landfill cells Page 75 Page 77 1 met, and samplings and analytical 1 that 1 was responsible to insure that 2 determinations of the waste water going 2 they remained closed, if you will. 3 into the city's treatment system was a 3 Q. Okay. 4 requirement of that permit. And it was 4 A. Maintained the upkeep, cutting of the 5 my responsibility to assure that was 5 grass, et cetera. 6 carried out, yes, sir. 6 Q. Is that all that you had the 7 Q. What about the solid waste units that 7 responsibilities for in connection with 8 were located on the plant site itself? 8 those solid waste units, just to make 9 Who was responsible for those, you or 9 sure the grass was cut, Mr. Cheever, or 10 Mr. Brown? 10 was there some more responsibility than 11 A. Help me understand what you mean by 11 that? 12 solid waste units. 12 MR. COX: Object to the form. You 13 Q. Didn't you have some landfill -- 13 are asking about the closed 14 A. Okay. 14 cells. Go ahead. Is there 15 Q. -- solid waste units that were part of 15 anything else that you did in 16 the landfill on the site itself? 16 connection with the landfill? 17 A. Yes, sir. 17 A. No. Well, from a closed -- We operated 18 Q. Do you remember that? 18 the active cells in accordance with the 19 A. Uh-huh (indicating yes). 19 permits we had. 1 was responsible for 20 Q. Who was responsible for management of 20 that, as 1 mentioned earlier. As to the 21 that? 21 closed area, it was just to insure that 22 A. 1 was. 22 they were maintained adequately. 23 Q. And who was responsible for the testing 23 Q. Okay. And you didn't have any testing Pages 74 - 77 HARTOLDMONO014021 Page 78 Page 80 1 responsibilities in connection with the 1 were several different products in the 2 closed cells? 2 biphenyl, Therminol area, Therminol 50 3 A. As part of our operating permit we 3 and 55 and 60 and 66, different blends 4 tested ground water that -- from wells 4 and different manufacturing. But they 5 that were circumferential to the 5 were all essentially similar types of 6 landfill area, and 1 had the 6 materials, just different blends or 7 responsibility to insure that those 7 whatever. 8 samples were withdrawn and analyzed in 8 Q. Who told you in specific or specifically 9 accordance with the program that we -- 9 about the processes? Who briefed you on 10 that had been established for that. 10 that? 11 Yes, sir. 11 A. Several people. Jerry Brown took the 12 Q. Now, tell me, Mr. Cheever, what did you 12 lead role as my direct supervisor and 13 know at the time that you went to the 13 the person who had the technical role 14 plant in 1983 about the current 14 with the -- you know, head -- chief 15 production at that plant? What was 15 technical role at the site. 16 going on then and what was being 16 Q. Okay. And what were they doing? Was 17 produced at that plant at the time you 17 there waste -- a waste product from the 18 went there. 18 parathion production? 19 A. Well, when 1 went down 1 didn't know a 19 A. Yes, sir. 20 whole lot about the plant. After 1 -- 20 Q. And what was being done with the waste 21 When 1 went down for an interview, 1 21 product that was produced? What was it, 22 reviewed the site. It was explained to 22 first? 23 me what was being manufactured at each 23 A. It was waste waters from the parathion Page 79 Page 81 1 of the manufacturing units, what the 1 process that were being biologic -- they 2 materials -- what the raw materials 2 were being neutralized and then 3 were, what the finished goods were, what 3 biologically treated to break down the 4 they were used for, something about, you 4 organics into water and other -- CO, 5 know, what kinds of opportunities there 5 C02, other natural constituents prior to 6 were in the current environmental arena 6 being discharged to the City of Anniston 7 at that time and what -- you know, 7 waste water treatment plant. And then 8 reviewed what my job responsibilities 8 there was a residue off the process that 9 would and wouldn't be. So 1 got to 9 was being reclaimed, reused. 10 understand, you know, what the plant was 10 I'm trying to think. There was a 11 manufacturing, what the plant was 11 residue recycle process in there where 12 manufacturing currently. 12 we tried to break down the sulfur and 13 Q. What were they manufacturing in 1983 13 the phosphorus and recycle them back 14 when you first went down there? 14 into the intermediates process. That 15 A. We made phosphorus pentasulphide. We 15 was an operation that was ongoing. Then 16 made parathion and parathion 16 we had materials that were being 17 intermediates, both ethyl and methyl 17 landfilled in the landfill that was 18 with them. And we made 18 there on site. 19 para-nitrophenol, which was a was 19 Q. That was operated by Monsanto on your 20 material used in the parathion business. 20 property? 21 We made biphenyls, Therminols. 21 A. Yes, sir. 22 Q. Anything else? 22 Q. What about Therminol? Was there any 23 A. I'm trying to think. As 1 recall, there 23 waste product from that, the production Pages 78 - 81 HARTOLDMONO014022 1 2 A. 3 4 5 6 7 8 Q. 9 A. 10 Q. 11 12 A. 13 14 15 Q. 16 A. 17 18 19 Q. 20 21 22 23 Page 82 of those? 1 Q. At 1 recall, about the only waste 2 products would be off-spec raw materials 3 that were stored in drum containers and 4 manifested and treated off site for 5 A. disposal -- treated and disposed of off 6 site. 7 So those were not treated on site? 8 No, sir. 9 Where were they shipped? Do you 10 remember? 11 No, 1 don't remember. 1 know we shipped 12 them for incineration, but 1 don't 13 recall where it was. 14 So they were incinerated? 15 Q. Yes. Any -- What I'm saying is anything 16 that was chemically contaminated was 17 A. primarily treated by incineration. 18 Q. Okay. Now, can you recall at this point 19 A. in time if there was ever any effort 20 made to use those or the Therminols that 21 Q. perhaps were off spec for any other 22 A. purpose at the plant? 23 Page 84 Now, Mr. Cheever, how did you transport the waste from the production area, the parathion waste from the production area to the landfill? There were dumpster containers that were* located in production areas to collect trash materials for the landfill. We had a truck come along. When the dumpster was full, they were notified and pick up the container and transport it directly across from the plant site, across Highway 202 to the landfill and deposit in the cell and return to the plant in the same way. Okay. So it wasn't drummed up. It was just taken in the back of a pickup? No, it was not a pickup. It was a dump truck? No. It wasn't a dump truck. It was a dumpster. A dumpster there? There were separate containers that were sitting in it, like -- Dumpster is the 1 A. 2 Q. 3 4 5 6 7 A. 8 Q. 9 A. 10 11 Q. 12 A. 13 14 Q. 15 16 17 18 A. 19 20 21 Q. 22 23 A. Page 83 1 don't know of any other use for them. Okay. Now, you mentioned another product that was perhaps an intermediate or relative of the parathion family that y'all made there. Can you tell us what that product was, PNP 1 believe? Para-nitrophenol. What was that? Para-nitrophenol is a raw material that was used in -Production of parathion? Yes, sir. That is one of its uses and acetaminophen, Tylenol. Was there any residue from that manufacturing process that y'all landfilled during the time you were there in the environmental area? There were production wastes, yes. There were wastes from that production area that were landfilled. Did y'all landfill them on site there at the plant? Yes, sir. 1 2 3 4 5 6 7 8 9 10 Q. 11 A. 12 Q. 13 14 15 16 17 A. 18 Q. 19 A. 20 Q. 21 A. 22 23 Page 85 trade name. 1 don't know how else to explain it. It was a very large trash container and a special truck that picked it up on the back with, like, hook arms, if you will, and picked the container up and carried it up and dumped it and returned that same container in that identical location and replaced it. There was after 202 was constructed? Yeah. 202 was there when 1 got there. Do you know or did anybody tell you at any point in time what happened to any cell that contained parathion at the time that 202 was constructed? Did anybody give you a history of that? Yes, sir. Who did? Jerry Brown. What did he tell you? 1 don't remember. 1 remember hearing about it, the fact that when they built the highway there was a cell that was Pages 82 - 85 HARTOLDMONO014023 Page 86 Page 88 1 located there that had to be relocated. 1 ADEM that would come there? 2 Q. On site? 2 A. Yes, sir. 3 A. Yes, sir. It was moved on site, which 3 Q. How long would they stay there? 4 was kind of one of the cells that was 4 A. Most of those inspections lasted -- at 5 operating at that point in time when 1 5 least on the solid waste end of it, 6 got there, really started based on the 6 lasted a day, when the water inspections 7 relocation of a cell that was in the way 7 might go a couple of days or two or 8 of highway 202 or the proposed location 8 three days depending on if they set up a 9 of highway 202. 9 sampler, took routine samples. 10 Q. And that had to do with parathion? 10 Q. What about air? 11 A. Yes, sir, to my recollection. 11 A. Air was usually a day or less. 12 Q. Now, do you recall if Mr. Brown or 12 Q. Okay. Now, let's take the solid waste 13 anybody ever said it had to do with any 13 management thing. What did the ADEM 14 other chemical or toxic chemical waste 14 representative do when either he or she 15 that y'all had buried out there? 15 came to your facility for that one day 16 A. No, sir. My recollection was it was 16 every two years as far as solid waste? 17 just parathion and parathion waste. 17 A. As 1 recall, they had a check list, 18 Q. During the time that you were there from 18 multiple page list. And it was kind of 19 '83 until '89 you've mentioned the 19 start at the top and show me, you know, 20 people that you worked with at ADEM. 20 prove -- answer these questions, you 21 How often would they come to your plant 21 know, yes, no, and non-applicable. And 22 or your facility and work with you on 22 if the yesses -- they would be tested to 23 site? 23 prove you do it. Here is the proof. If Page 87 Page 89 1 A. My recollection was that we had an 1 you don't do it, why don't you do it? 2 annual water inspection where they would 2 You know, verify why the answer is no. 3 come in and take samples. And it seems 3 And that was -- My recollection, that is 4 like, at 1 recall, we had an annual air 4 kind of the way it worked. 5 inspection as well. And my recollection 5 Q. Now, what about the sample? Did they 6 was -- is that the hazardous waste 6 take any samples at any point in time? 7 inspections were done routinely, but it 7 A. 1 don't remember that they did. 8 wasn't annually. It was kind of 8 Q. Did they ever take any soil samples or 9 unannounced, but 1 don't recall what the 9 water samples at any point in time in 10 frequency is, but they came from time to 10 and around the landfill or in and around 11 time to review records and do a 11 the plant during those two years that 12 compliance check against the permit. 12 these people came, every two years that 13 Q. When you say hazardous waste are you 13 they came while you were there? 14 talking about the solid waste units in 14 A. 1 don't recall them taking any samples. 15 the landfill? 15 Q. What about air? Any air samples taken 16 A. I'm sorry. Yes, sir. 16 by the arm of ADEM that might control 17 Q. How often would they come, every two 17 that particular part? 18 years? 18 A. 1 don't recall them taking any air 19 A. 1 don't recall there being a set 19 samples. We did some boiler stack 20 frequency. It seems like it was about 20 testing at one point in time, and they 21 that kind of frequency. 1 don't really 21 came and observed that activity. But 1 22 remember. 22 don't recall them taking any samples. 23 Q. That would be the solid waste branch of 23 Q. That's the only thing you recall them Pages 86 - 89 HARTOLDMONO014024 1 2 A. 3 Q. 4 5 A. 6 7 8 9 Q. 10 A. 11 12 13 14 15 16 17 18 19 20 Q. 21 22 A. 23 Page 90 doing during the time you were there? Yes, sir. And what chemical did that have to do with? It was involved with the permitting of a steam generator, a boiler to generate steam. So it would be the off gasses of the combustion of fossil fuel. What about the water sampling? Water samples, they would set up a sampler at discharge 001 and take a series of twenty-four-hour composites. And 1 believe it was, like, two or three days. That is what my recollection was. And then they would also set up a sampler at the discharge of our waste water treatment facility and do the same thing, take a multiple daily -- multiple composites. How often was that done by ADEM when you were there? 1 recall it yearly. It might be been less than that, but it seems like it was 1 Q. 2 3 4 5 6 7 A. 8 9 Q. 10 11 12 13 14 A. 15 16 17 18 19 20 21 Q. 22 23 Page 92 Tell me, Mr. Cheever. Did y'all ever check either the air, water, or the ground water samples or any soil samples for PCBs during the time you were there at the plant, in those routine tests you are talking about? No. 1 don't recall looking for PCBs in the routine testing that we did. So from '83 to '89 any of the routine testing y'all did, whether it was air, soil, or water, you don't remember checking any of those -- checking for PCBs in any of those tests? We may have. But 1 don't remember it specifically. MR. STEWART: Mark that, if you would. (Plaintiffs' Exhibit Number One was marked for identification.) Now, before you went to Anniston and assumed your responsibility, what did you know about the history of the plant 1 2 Q. 3 4 5 A. 6 7 Q. 8 A. 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 Page 91 that frequency. What kind of testing did Monsanto do while you were there of those things we have just mentioned, soil, air, water? 1 don't recall doing any air monitoring or sampling. During the whole time you were there? Other than that stack, that boiler stack that 1 mentioned, and that around a fuel switch, as 1 recall. On the waste water end, as 1 mentioned before, we took -- We had a discharge permit for direct discharge at point 001, and we had an indirect discharge into the waste water treatment plant for the City of Anniston. And we had permits around both, and there was routine testing and monitoring by permit for those two areas. And then there was ground water monitoring around the landfill in accordance with the solid waste management permit that the site had. 1 2 3 A. 4 5 Q. 6 7 A. 8 9 10 11 12 13 14 15 16 17 18 Q. 19 20 21 A. 22 23 Page 93 and did you learn about the history of the plant? Before 1 went 1 knew very little about it. When you got there what were you briefed on about the history of that plant? 1 was given pretty much a history of the whole site from the time when it was started and known as Swan Chemical and up to the time it was purchased by Monsanto and the fact it was the inorganic division headquarters at one point in time and told about all the products that were made - had been made there or researched at that site. So pretty much about the whole story about the site. Mr. Cheever, who told you about the history of the products that were made there? 1 guess it was Jerry Brown, as far as 1 remember. 1 mean, he is one individual that 1 had the most interaction with Pages 90 - 93 HARTOLDMONO014025 Page 94 Page 96 1 when 1 first got there, being my boss. 1 there, what product where waste was 2 Q. Okay. And what did you know or learn 2 generated and still remained, waste from 3 from him -- not know, but learn from 3 that product still remained on the plant 4 Mr. Brown about the wastes that had been 4 site? 5 previously generated at the plant and 5 A. No. 1 don't recall anybody from 6 were still on site? 6 corporate telling me about that. 7 A. The waste that had been previously 7 Q. Did you ever have any conversation with 8 generated, is that what you said? 8 anybody in the environmental section 9 Q. Yes, sir, and were still on site. 9 that you came out of about what might 10 A. Discussion about wastes and wastes that 10 still be there at that plant site? 11 were on site would have been geared 11 A. No, sir. 12 primarily, as 1 recall, toward the 12 Q. Let me show you what's been marked as 13 existing manufacturing facilities. And 13 Plaintiffs' Exhibit One to your 14 here is what is being manufactured, and 14 deposition, which 1 provided your lawyer 15 here are the waste products, and here is 15 a copy of. 1 want you to take a look at 16 how we handle them. 16 that. These are supposedly the -- 17 Q. So if it was a historical product and a 17 purport to be the cells that are located 18 product that was not being currently 18 south of 202, some of which 1 believe 19 manufactured, you weren't told about 19 you previously testified were active at 20 it -- 20 the time you were there. 21 A. 1 don't recall -- 21 A. Yes, sir. 22 Q. -- if there was waste generated? 22 Q. Do you recognize the map as being a map 23 A. Excuse me. 1 don't recall spending any 23 of those cells? Page 95 Page 97 1 time discussing waste management 1 A. Yes, sir. 2 practices of historical products. 2 Q. Are you familiar enough with it to know 3 Q. Did anybody at corporate headquarters in 3 that is what it purports to -- 4 St. Louis ever talk to you about what 4 A. Yes, sir. 5 might have been previously manufactured 5 Q. Can you tell me, Mr. Cheever, what you 6 at the Anniston plant and where waste 6 understood -- and 1 don't want to know 7 was generated that might still be 7 what you understand today, but what I'm 8 located on the plant site? 8 asking for is what you understood when 9 A. Could you ask that one again, please? 9 you took your job and worked there at 10 Q. Well, it may be a little convoluted, may 10 the Anniston plant. If you can recall 11 be -- 11 it in that fashion, 1 would like for you 12 A. It seems like there was more than one 12 to tell me -- 13 part to it. I'm sorry. 13 A. Sure. 14 Q. 1 told you 1 would do at that. 1 wanted 14 Q. -- what was buried over there in those 15 to keep my word, Mr. Cheever. 15 cells at the time you went there in 16 Did anybody ever tell you -- And 16 1983. 17 I'm not trying to be cute with you. 1 17 A. As best as 1 remember, cells -- cells on 18 will break it down. It is sort of 18 this west side, 2-W, 2-W-A and 3-W by 19 difficult to understand. 19 mark here, as 1 recall, were the -- 20 Did anybody ever tell you from 20 parathion and parathion intermediate 21 corporate headquarters at any point in 21 contaminated process wastes were buried 22 time before you went to Anniston what 22 there, as 1 recall. 23 had historically been manufactured 23 Q. Can you mark those cells, if you would Pages 94 - 97 HARTOLDMONO014026 Page 98 Page 100 1 give him a pen, Mr. Cox. 1 A. This right here (indicating). 2 MR. COX: He has one. 2 Q. Can you identify it just by spelling the 3 Q. Can you mark those cells where you 3 word out so that if one looked at this 4 understood the parathion was? 4 exhibit, Plaintiffs' Exhibit One to your 5 A. Sure. My recollection was that cell 4-W 5 deposition, they would know what you are 6 back here on the side was a nonhazardous 6 talking about? 7 waste landfill cell. That is my 7 A. Sure, sure. 8 recollection. 8 Q. Would you put a W out where the west 9 Q. Do you know what was buried there? Did 9 would be so that we can further identify 10 anyone tell you what was buried there? 10 it, on the edge of the map over there. 11 A. My recollection was it was similar to 11 A. Surely. 12 the nonhazardous material that was being 12 Q. All right. Tell me now if you would, 13 buried over here on the active side, 13 Mr. Cheever, what would be in the other 14 just that cell 4-W had reached a point 14 cells that would be to the east of these 15 where it was deemed to be full and was 15 parathion and nonhazardous waste cells. 16 closed out and moved over here 16 A. My recollection was that the cells on 17 (indicating). 17 the back side was -- One is labeled 18 Q. Okay. So cell 4-W was nonhazardous 18 active nonhazardous waste, and then we 19 material? 19 put -- And we put in -- the cells to the 20 A. That's my recollection, yes, sir. 20 north of that were hazardous -- 21 Q. Now, did the parathion -- to go back to 21 hazardous waste as defined at that time 22 that, did the parathion cells include 22 that were put in cell -- 23 cell 1-W? 23 Q. Hazardous waste? Page 99 Page 101 1 A. 1 don't remember. 1 A. -- 5-E, 1 guess the number is. 2 Q. Okay. So you are saying 2-W, 2-W-A anc 2 Q. 4-E and -- 3 3-W were the parathion; is that your 3 A. 4-E and 5-E. 4 recollection of it? 4 Q. Do you know what it was? 5 A. That's my recollection. 1 don't 5 A. It was the parathion wastes and the 6 remember what 1 -W had been. It 6 parathion intermediate wastes from the 7 seemed --1 don't remember. 1 can 7 generation of those products in the 8 speculate, but that's -- 8 plant site. 9 Q. All right, sir. Now, what about the 9 Q. So I'm to understand from your 10 other cells? You said the western side 10 understanding of what it was that cell 11 of this landfill. Are you talking about 11 2-W, 2-W-A, 3-W, and 4-E and 5-E were 12 the parathion cells and the nonhazardous 12 all parathion? 13 cells and 1-W all being on the western 13 A. That's my understanding. 14 side, what y'all consider to be the 14 Q. And cell 3-E, what -- 15 western side of that landfill? 15 A. 1 don't recall. 1 really don't 16 A. Yes, sir. 16 remember. 17 Q. And this is located, as 1 understand it, 17 Q. You don't remember what it was? 18 south of 202? 18 A. 1 don't remember what it was. 19 A. Yes. The roadway kind of separated east 19 Q. And what about cell 2-E and 1-E? 20 and west. 20 A. Well, I'm sorry. You said 3-E first? 1 21 Q. And the road -- Would you just mark 21 was looking at these other two. 3-E is 22 the road so that one, if they looked at 22 where the nonhazardous materials 23 it - 23 generated at the site went. 1 -E and Pages 98-101 HARTOLDMONO014027 Page 102 Page 104 1 2-E, 1 --1 may have been told, but 1 1 or west? 2 don't recall what they were used for. 2 A. Initially it came down the side of the 3 Q. Were you made aware in your 3 mountain, which is kind of flowing to 4 conversations with Mr. -- Well, 1 will 4 the north until it got to 202, as 1 5 withdraw that question. 5 recall. And then there was drainage 6 So you don't recall what else was 6 ditches along 202. It seems to me, my 7 buried in this landfill? 7 recollection, the best 1 can recall, 8 A. No, sir. 8 there was a culvert under the road back 9 Q. And nobody told you? 9 to the west side that kind of went to 10 A. Well, they may have, but it has been a 10 the north side of 202, and then it kind 11 while. 11 of flowed east and north kind of into 12 Q. Okay. Was it not your responsibility, 12 this junction here between 202 and Tenth 13 Mr. Cheever, to supervise the operation 13 Street or whatever this road is that 14 of this landfill? 14 comes off that way (indicating). 15 A. Yes, sir. 15 MR. COX: 1 think that is 16 Q. Both the closed and the active cells? 16 Clydesdale, for the record. 17 A. Yes, sir. 17 Q. For the record, it would be Cyldesdale. 18 Q. Would it not have been important for 18 A. Okay. That's my recollection, that the 19 you, Mr. Cheever, to know what was in 19 water flowed down this mountainside to 20 those cells, all of them? 20 this drainage ditch. And as 1 recall, 21 A. 1 don't know if -- Not to my knowledge. 21 there was a culvert under here that came 22 To me it wasn't. It was important to 22 out and kind of went down that way 23 know what was going into the active 23 (indicating). That is my recollection. Page 103 Page 105 1 cells, and it was important to make sure 1 Q. Did you ever know or were you ever told 2 that the closed cells, irregardless of 2 how much parathion was buried over 3 what was in them, was maintained, the 3 there? 4 integrity of them was maintained. That 4 A. We kept records from the time that 1 was 5 was my -- 5 there as to the amount that was going on 6 Q. That is what you understood your 6 in accordance with the permit, but 7 responsibility was? 7 previous to that, no, 1 wasn't. 1 8 A. Yes, sir. 8 wouldn't have any idea. 1 may have been 9 Q. Tell me, Mr. Cheever, if you were told 9 told, but 1 don't recall. 10 at any point in time before you took the 10 Q. Were you ever told what form it took, 11 job or after you took the job about 11 what kind of form it was in, that 12 testing that was done in the '70s of 12 parathion waste consisted of? 13 sediment in Snow Creek, Choccolocco 13 A. I'm sure 1 was, but 1 don't recall. My 14 Creek, or down around the sewage 14 judgment was it was not a whole lot 15 treatment plant. 15 different than the form we were 16 A. In the '70s? 16 disposing of currently. 17 Q. Absolutely. 17 Q. Which was what? 18 A. 1 was not told anything about the '70s, 18 A. Well, it would be bags and pallets, just 19 as 1 recall. 19 general manufacturing debris that might 20 Q. Where did the water, the surface water, 20 have been contaminated based on the fact 21 go that came off this landfill, 21 that it came -- was generated within the 22 Mr. Cheever, off the southern landfill? 22 production battery limits. 23 Did it go to the north or south or east 23 Q. Tell me now, Mr. Cheever. Were you Pages 102-105 HARTOLDMONO014028 Page 106 Page 108 1 familiar with the area that was east of 1 section of land into which that ditch 2 and north of this landfill? Can you 2 runs that you marked on Plaintiffs' 3 remember and recall enough about it to 3 Exhibit One. Do you recall or did you 4 tell us whether or not there were people 4 know or do you know from your experience 5 that lived there? 5 where that ditch ran into this eastern 6 A. Yeah. There was a community, homes, 6 section that would be east of the plant, 7 businesses, churches in that area. 7 across Clydesdale from the Monsanto 8 Q. Were you ever told at any point in time 8 plant? 9 by either Mr. Brown or anybody at the 9 A. 1 don't recall. 1 know --1 don't 10 plant about any testing that might have 10 recall any water running across in front 11 been done in the continuation of the 11 of the site. It has been a long time 12 ditch where the surface water ran off 12 since I've been there, and 1 really 13 from the southern landfill on into that 13 don't remember. 14 eastern section over there? Were you 14 Q. Do you remember a tributary into which 15 ever told about any testing that had 15 the surface water ultimately ran? 16 taken place before you came there? 16 A. Yes, sir. 17 A. Not that 1 can recall. 17 Q. And what was that called? 18 Q. Okay. Can you track us that ditch on 18 A. 1 don't remember. 1 just remember it 19 that Plaintiffs' Exhibit One and just 19 being an unnamed tributary to Snow 20 show us where it goes into the culvert? 20 Creek. 21 A. 1 don't recall exactly where. That is 21 Q. So it was an unnamed tributary to Snow 22 just my recollection that it is 22 Creek? 23 somewhere -- 23 A. That's what 1 recall. 1 Q. 2 3 A. 4 5 6 7 Q. 8 9 A. 10 11 12 13 14 15 16 Q. 17 18 19 20 21 22 23 Page 107 I'm not asking you be an artist or a map drawer or do anything specific. I'm trying to remember my own self. As 1 recall, it was somewheres over here and went in that direction. That's my recollection. Can you put the word by it of "ditch" so we know what you are talking about? Yes, sir. (Executed by the witness.) MR. STEWART: Thank you, sir. Now, let me have this marked, if you would. (Plaintiffs' Exhibit Number Two was marked for identification.) Let me show you Plaintiffs' Exhibit Two. That purports to be a map of -- The plant is located to the west on that map, and then there is a portion of this southern landfill that is reflected in the lower portion of this map. And the part that is outlined about mid part of the map purports to be the eastern 1 Q. 2 3 4 A. 5 Q. 6 7 A. 8 9 10 Q. 11 12 13 14 A. 15 16 Q. 17 18 A. 19 Q. 20 21 22 23 Page 109 Can you mark with a pen on Plaintiffs' Exhibit Two where that unnamed tributary -Might have gone? -- might have gone on Plaintiffs' Exhibit Two? You are taxing my memory now. As 1 recall, it came across and kind of came down this direction (indicating). Do you want to mark it a little larger as you did on the other thing and put "ditch" by it or "tributary"? Want to put "tributary" on that one? 1 can spell ditch. I'm not sure 1 can spell tributary. Just put t-r-i-b, and we'll all agree that's tributary. I'm an engineer, not a speller. Were you ever told, Mr. Cheever, that there was some actual testing done before you came to the Anniston area for PCBs along that tributary, by either Mr. Brown or anybody in the Pages 106-109 HARTOLDMONO014029 Page 110 Page 112 1 environmental section in St. Louis or 1 manufactured at Anniston, and it was a 2 anybody else at the Anniston plant? 2 material that was used in dielectric 3 A. 1 don't recall being told about any of 3 fluids for electrical equipment, 4 that. 4 transformers, capacitors, et cetera; 5 Q. Would it be important, Mr. Cheever, for 5 that manufacturing had stopped in the 6 you to know that if you were going to be 6 late '60s or early '70s at both Anniston 7 responsible for compliance with 7 and the other locations that Monsanto 8 maintenance of this landfill up there 8 manufactured PCBs at the time. 1 had 9 south of 202 if you combined that fact 9 been told that everybody in the company 10 with the fact that there were PCBs 10 was aware of why we got out of the 11 buried over there? 11 business, the fact it was a concern that 12 MR. COX: Object to the form. You 12 it was a material that --1 guess what 13 can answer it. 13 made it good made it bad, if you will, 14 Q. Well, let me ask it this way, 14 from the aspect of certain individuals 15 Mr. Cheever: If PCBs were buried in the 15 -- that it was persistent in the 16 landfill over there and there had been 16 environment. 17 some testing and some levels of PCBs 17 Q. Did you know anything at all about any 18 were found in the ditch, would it be 18 studies that had been done, after you 19 important for you to know that as the 19 took this position in 1983, by the 20 environmental person at Monsanto 20 company, by Monsanto Chemical Company 21 Chemical plant? 21 itself about PCBs? Did anybody tell you 22 MR. COX: Object to the form. 22 about any testing that had been done on 23 Q. You can go ahead and answer, 23 chickens, rats, monkeys? Page 111 Page 113 1 Mr. Cheever. 1 A. 1 wasn't aware of any specific tests. 2 MR. COX: You can go ahead and 2 Q. No one said anything -- 3 answer. 3 A. 1 don't remember them. 1 may have been 4 A. 1 wouldn't necessarily be --1 was 4 told about them, but 1 certainly don't 5 involved and responsible for active 5 remember it. 6 kinds of things and not those things 6 Q. Do you remember anybody telling you 7 that had been going on in the past. 1 7 anything about a study that was done by 8 don't view that it would be necessary 8 a gentleman named Drinkard at any point 9 for me to know that particularly. 9 in time in the '50s about? 10 Q. You wouldn't think it would be important 10 A. What was the name, again? 11 for you know the history of this 11 Q. Drinkard. 12 particular area? 12 A. 1 never heard that name. 13 A. No. 13 Q. Did you ever see any documents that had 14 Q. Okay. Did anyone tell you about it? 14 been prepared by a Dr. Emmett Kelly or 15 A. They may have. 1 don't recall specific 15 Mr. Emmett Kelly or Elmer Wheeler, who 16 conversations around the history of the 16 are employees of Monsanto -- 17 area. 17 A. No. 18 Q. Tell me if you would, Mr. Cheever, what 18 Q. -- about PCBs? 19 you knew about PCBs at the time that you 19 A. No, sir. 20 took this position. 20 Q. Did you ever see any documents while you 21 MR. COX: Talking about 1983? 21 were there that indicated the result of 22 MR. STEWART: Yes. 22 testing that might have been done in the 23 A. Well, 1 knew that they had been 23 '70s by Monsanto itself right around the Pages 110-113 HARTOLDMONO014030 Page 114 Page 116 1 plant and in this area that is reflected 1 anything in that area, because, you 2 in the outlined area of Plaintiffs' 2 know, that would be hard for me to even 3 Exhibit Two that 1 have introduced here 3 conceptualize, you know, livestock in a 4 today? 4 residential arena, residential area. 5 A. 1 may have seen them, but 1 don't 5 Q. Have you ever heard the term 6 remember seeing them. It is not 6 bio-magnification, Mr. -- 7 something that stands out in my memory. 7 A. Bio-magnification, yes, sir, 1 have. 8 Q. Would it be fair to say, then, 8 Q. Do you understand what it means? 9 Mr. Cheever, your information and 9 A. Yes, sir. 10 knowledge you had about PCBs were based 10 Q. Can you tell us what your understanding 11 on just the general knowledge that you 11 of that is? 12 had from being an employee of Monsanto? 12 A. 1 understand that -- materials get into 13 A. Primarily, yes, sir, uh-huh. 13 the system, and they are never expunged 14 Q. Did you know, sir, that the product had 14 from the system, and they kind of 15 been banned by EPA, by the government? 15 accumulate or continue to accumulate is 16 A. Yes, sir. 16 my understanding. 17 Q. And did you know why at the time you 17 Q. Do you understand what propensities PCBs 18 took this job? 18 have for doing that, say, in animals? 19 A. Yes, sir. 19 A. Technically, no. I've heard it, but 1 20 Q. Did you know they had indicated it was a 20 don't know what -- I'm not familiar or 21 potential carcinogen at time you took 21 not - with the technical aspects of it. 22 the job, Mr. Cheever? 22 Q. Did anybody ever tell you that Monsanto 23 A. Yes, sir. 23 had purchased hogs from somebody that 1 Q. 2 3 4 5 6 7 8 A. 9 Q. 10 A. 11 Q. 12 13 14 15 A. 16 Q. 17 A. 18 19 20 21 22 23 Page 115 And did you know anything at all or did 1 anybody tell you about the purchasing of 2 A. livestock in this area that is reflected 3 Q. on Plaintiffs' Exhibit Two from a 4 resident there because of the 5 possibility that that livestock was 6 A. contaminated by PCBs in the '70s? 7 Q. No. 8 Did you know anything about that? 9 A. 1 never heard anything about that. 10 Would you consider that something, sir, 11 Q. to be important or not for you to know 12 as a person who was responsible for 13 managing the landfill south of 202? 14 1 guess I'm -- You know -- 15 A. It wouldn't be important to you? 16 I'm trying to -- I'm wrestling with 17 that. I'm not sure how -- I'm trying to 18 Q. understand the question totally. 1 19 don't remember ever seeing any livestock 20 in that community area, so 1 guess 1 21 would be hard pressed to understand how 22 livestock could become contaminated with 23 Page 117 raised them in that area? No, sir, not that 1 can recall. Okay. And 1 believe you have indicated that the person who briefed you was Mr. Brown, Jerry Brown? Yes, sir. Okay. Do you recall him ever telling you about that? He may have, but 1 certainly don't recall it. Do you ever recall being told by anybody, Mr. Cheever, about tests that were done on fish that were found in Choccolocco Creek? 1 remember reading about it or hearing about it, but 1 don't remember anybody telling me about it as such. When 1 say telling you about it, let me make sure that 1 --1 probably framed the question poorly. Mr. Cheever, do you ever remember Mr. Brown or anybody at the plant ever telling you about PCBs being found in fish in Choccolocco Creek Pages 114-117 HARTOLDMONO014031 1 2 A. 3 4 5 Q. 6 7 8 9 10 A. 11 12 13 14 15 16 17 18 19 20 21 Q. 22 23 Page 118 down stream from Snow Creek in the VOs" 1 A. Specifically 1 don't remember Mr. Brown 2 telling me anything about that. He may 3 have, but you know -- 4 Would it have been important for you to 5 know that kind of information, 6 Mr. Cheever, in your position as the 7 environmental specialist at the Monsanto 8 Q. Chemical plant in Anniston? 9 1 don't think so. 1 was involved, as 1 10 said before, in the management of the 11 current production and current 12 facilities. And PCBs had been gone for 13 a long time -- manufacture of PCBs had 14 been stopped from that location a long 15 time before 1 got there, so 1 guess at 16 that point in time 1 might have. But as 17 Q. far as it being important to what 1 was 18 doing, 1 wouldn't consider that to be 19 A. necessary. 20 Mr. Cheever, tell me, when you say gone, 21 did you understand that there were no 22 PCBs in the southern landfill or on the 23 Q. Page 120 Yes, sir. MR. STEWART: Y'all want to take a break? (A break was taken from 12:05 p.m. to 1:10 p.m.) (Mr. Mike Kelly left the deposition proceedings.) (By Mr. Stewart) Mr. Cheever, you were going to show us, 1 believe, before we left -- if it wasn't, 1 want to pick up here anyway -- where that tributary was, if you know. If you will take a look at Plaintiffs' Exhibit Number Two. MR. COX: Something other than the one he has already marked on here? Well, where it enters Snow Creek, are you familiar with that? Yeah. 1 thought 1 was. Somewhere around the -- Somewhere around the railroad tracks that are on the north side of Tenth Street. And -- Go ahead. Can you mark it there? 1 2 3 A. 4 5 6 7 8 Q. 9 10 11 A. 12 13 14 15 16 Q. 17 18 A. 19 20 21 Q. 22 A. 23 Q. Page 119 plant site down there at the time you got there? When 1 got there, there was electrical equipment that was on site being used that had PCBs in it. 1 knew that. That was part of the management responsibility 1 had. Other than that, though, is that your understanding of all the PCBs that were there in 1983? Yeah. Current facilities that were being operated is what 1 was aware of. 1 may have been told about prior disposing practices, but 1 don't recall specifically ever being told that. What other landfills, if you know, did y'all operate on this site? The only ones 1 was involved with the operation are those that are shown on that other exhibit that we looked at. Plaintiffs' Exhibit -Yes, sir. -- One? 1 A. 2 3 4 5 A. 6 Q. 7 8 9 A. 10 Q. 11 12 13 A. 14 15 Q. 16 A. 17 18 19 20 Q. 21 22 A. 23 Page 121 Well, 1 marked it as best 1 could. MR. COX: I'm not sure the map shows where Snow Creek joins the tributary on this map. 1 tried to do it the best 1 recall. Let me just ask you specifically if in fact the tributary you are talking about joined Snow Creek. Yes, it did. And did you know where Snow Creek went to after that at the time you took that position down there in 1983? Did 1 know somewhere Snow Creek went? Yes, sir. And where did it go? It flows down through -- winds its way down through the City of Anniston, Oxford, and eventually ends up in Choccolocco Creek. And then do you know where that ultimately goes? Choccolocco Creek kind of follows Interstate 20 and ends up in one of the Pages 118 -121 HARTOLDMONO014032 1 2 3 Q. 4 5 6 7 8 9 10 11 A. 12 13 14 15 16 Q. 17 18 19 A. 20 Q. 21 22 23 A. Page 122 lakes or Coosa River down around Lake Logan Martin or wherever, down that way. Was there any significance as far as you are concerned to knowing that perhaps some PCB contamination had gotten into the creek, Choccolocco Creek, Snow Creek and Choccolocco Creek through this tributary? Would that have been of some significance for you to know at the time you took your position? 1 don't think so. My job was to worry about - not worry about, but to manage the current operations and the current practices. 1 don't know what happened in the past. Well, how were you permitted there at those landfills? Was it not -- Wasn't it a RCRA permit? Yes, it was. And supervised by the state as opposed to the federal government, or a combination of both? 1 believe it was a combination of both. 1 2 A. 3 4 Q. 5 6 7 A. 8 9 10 11 Q. 12 A. 13 14 Q. 15 16 17 A. 18 19 20 21 22 23 Q. Page 124 southern landfill? None to my recollection while 1 was there operating it. No, sir. Do you recall as you sit here today ever being told about the landfill west of the plant? Told about? 1 was told about an area that had been used for disposal on the western side of the existing manufacturing location. Yes. What were you told about it? That it was there, about where it was, approximately where it was located. Did Monsanto have any responsibility for that particular area while you were there? My recollection is part of the -- part of the disposal area was inside an existing plant perimeter fence, so we would have been responsible for maintaining that area just like any other area within the plant confines. Where did the surface water go that came 1 2 3 4 5 6 Q. 7 8 A. 9 Q. 10 11 12 13 14 15 A. 16 17 18 19 20 Q. 21 22 23 Page 123 We filed an application with both agencies, to my recollection. It is my recollection that it was -- the permit was issued by EPA, but it might have been ADEM or both. So you were subject to federal regulations too? That is correct. And did you report directly to them about your findings, if you had any, about, let's say, something escaped from the landfill? Would you be required to report that to ADEM or the EPA, or what did you do? 1 don't recall we ever had anything escaping from the landfill on the permit that 1 was aware of. 1 don't recall how the permit was written of who was to be notified in the event that occurred. So you are telling me sitting here today that you don't recall while you were there operating in that facility that y'all had any kind of problem out of the 1 2 A. 3 4 5 Q. 6 A. 7 8 Q. 9 10 A. 11 12 13 14 15 16 Q. 17 18 19 20 A. 21 22 Q. 23 A. Page 125 off that landfill? 1 believe it flowed west into a piece of land that was owned by Alabama Power Company. And where did it ultimately wind up? Oh, 1 don't know for sure. 1 could speculate, but 1 don't know for sure. Did any of that to your knowledge, Mr. Cheever, ever wind up in Snow Creek? Drainage patterns from all of west Anniston 1 think ended up pretty much in Snow Creek. Snow Creek is the drainage ditch for surface water runoff in pretty much all of that area, residential, commercial, industrial. Then would it be fair to say, Mr. Cheever, that you knew at that time that the surface water that came off that landfill went into Snow Creek? Did 1 know that? Is that what you asked? Yes, sir, in '83. Yes. Pages 122-125 HARTOLDMONO014033 Page 126 Page 128 1 Q. Did you test or check around that 1 recollection was it wasn't even our 2 landfill while you were there from '83 2 property, Monsanto's property. It 3 to '89? 3 belonged to Alabama Power, part of 4 A. No, sir. 4 Alabama Power Company, 1 thought. 5 Q. Why not? 5 Q. Well, are you telling us that at one 6 A. 1 don't know. It -- Just it wasn't 6 point in time, that if y'all put waste 7 considered part of the active facility 7 in there, that once you sold it to 8 that 1 was involved with, and it was 8 somebody else, it became their 9 just -- We didn't really consider it a 9 responsibility, or do you have a 10 landfill as such. It was a prior 10 continuing responsibility for what you 11 disposal area that was used sometime in 11 buried there, under the regulations as 12 the past. That's all 1 knew about it. 12 you understood them? 13 Q. Let me show you Plaintiffs' Exhibit 13 MR. COX: Object to the form. 14 Three, if you will mark that. 14 A. Would you repeat -- I'm not sure 1 -- 15 (Plaintiffs' Exhibit Number 15 Q. Did you understand that once you sold a 16 Three was marked for 16 piece of property that you had disposed 17 identification.) 17 of some toxic waste or toxic substance 18 Q. This is Plaintiffs' Exhibit Three 18 in -- if you sold that piece of 19 showing the plant and what purports to 19 property, do you understand y'all no 20 be the western landfill. Do you know 20 longer had any responsibility for 21 anything at all about what was buried in 21 monitoring that? 22 the landfill that is depicted on 22 A. 1 wasn't aware we sold any land that was 23 Plaintiffs' Exhibit Three? 23 a toxic waste disposal area. Page 127 Page 129 1 A. 1 don't recall. 1 don't recall being 1 Q. But if you had, would y'all have some 2 told what was in it. When 1 was there, 2 responsibility for maintaining at least 3 that was not referred to as a landfill 3 some kind of monitoring of that 4 is my recollection. 4 particular area? 5 Q. Well, was it covered in any way? 5 A. 1 guess my understanding of the current 6 A. I'm sorry? 6 requirements is we wouldn't sell a piece 7 Q. Was it covered in any way? 7 of property that we had known -- had 8 A. I'm struggling with what you mean by the 8 disposed of -- 9 word "covered." It was a grass area, 9 Q. And if you sold it and didn't know it, 10 grassy area as 1 recall. 10 you would probably take it back, 11 Q. Were contaminants exposed? Was there 11 wouldn't you, Mr. Cheever? 12 something on top of them, or did you 12 A. 1 don't know what the company would do 13 have any idea, Mr. Cheever -- As you sit 13 today. 14 here today can you tell us if you had 14 Q. Let me ask you this, Mr. Cheever: Did 15 any idea from '83 to '89 what that 15 y'all ever monitor the surface water 16 landfill was covered with? 16 runoff in that area west of the plant? 17 A. My recollection, it was just a grassed 17 A. Not to my recollection. 18 -- grassy -- grassed knoll area that was 18 Q. Did you ever monitor any ground water 19 outside the perimeter fence. We had a 19 over there? 20 chert lot inside, if you will, or a 20 A. 1 don't recall us having any ground 21 gravel area inside which was inside our 21 water monitoring in that area. We may 22 plant fence. And my recollection was 22 have, but I'm not aware --1 can't 23 that was just a grass area. And my 23 recall any. Pages 126-129 HARTOLDMONO014034 Page 130 Page 132 1 Q. Did you ever do any testing at all of 1 These are wells that are in the upper 2 any soil samples or anything while you 2 six or eight or ten, twelve feet of the 3 were there? 3 upper soils. 4 A. Not to my recollection. 4 Q. So you are talking about ground water 5 Q. Would it be basically fair to say that 5 that might be below surface that y'all 6 you have no idea of what was buried 6 were checking to see if it had some 7 there? 7 contaminants in it? 8 A. 1 might have been told, but certainly if 8 A. Yes, sir. 9 1 was, 1 don't recall it. 9 Q. What did you know about what these -- 10 Q. Are you telling me that you don't recall 10 this area south of 202 had been 11 anybody telling you what was buried out 11 previously used for? 12 there, or are you telling me that you 12 A. As 1 mentioned earlier, it was a 13 may have been but you just don't recall 13 parathion and parathion waste disposal 14 being told? 14 area. 15 A. 1 may have been, but 1 don't recall 15 Q. Even before y'all used it as a parathion 16 being told. 16 waste disposal area, what did you 17 Q. Would you think that that would be 17 understand that some of this area south 18 something that would be important for 18 of 202 that y'all now were using for 19 you to know as the environmental person 19 solid waste units or disposal units -- 20 at the Anniston plant, what was buried 20 what had that been used for? Did you 21 in that western landfill? 21 have any idea about what that -- 22 A. No. 22 A. You mean previous to being used as a 23 Q. It just wouldn't be important at all? 23 landfill? Page 131 Page 133 1 A. No. 1 don't think it would be important 1 Q. Absolutely. 2 to the job of what 1 was down there to 2 A. No. All 1 know is it was a mountain. 3 do. No, sir. 3 Q. Wouldn't you have a need to know, 4 Q. Tell me, Mr. Cheever, if you know 4 Mr. Cheever, as to whether or not this 5 anything about the hydrology of the 5 had been previously used as a pit -- 6 landfill that's -- let's look back at 6 limestone pit of some kind? Would that 7 Plaintiffs' Exhibit One, 1 believe -- 7 have been helpful to you as an 8 the landfill that is south of 202? 8 environmental person? 9 A. Uh-huh (indicating yes). 9 A. 1 don't know as it would have been 10 Q. Did anybody ever tell you anything about 10 helpful to know what the previous -- 11 what that landfill potentially might 11 based on -- previous use of the site 12 affect as far as ground water, not 12 was. What 1 was led to understand was 13 surface water, but ground water? 13 the fact that it was a waste disposal 14 A. 1 was --1 understood that the upper 14 area that had been closed and had to be 15 surface ground water was flowing in a 15 monitored. 16 north or northwesterly direction, and 16 Q. Did you have any idea as to whether or 17 that's why there are interceptor wells 17 not that particular landfill might have 18 and observation wells and containment 18 affected ground water wells in the area? 19 area was to capture that so it could be 19 A. Again, please, the first part of that 20 extracted. 20 question? 21 Q. Are you talking about surface water 21 Q. Wells, that were -- Not city water. I'm 22 or -- 22 not talking about city water. I'm 23 A. I'm not talking about surface water. 23 talking about a well that someone might Pages 130-133 HARTOLDMONO014035 Page 134 Page 136 1 have at their home. 1 recall that during the time you were 2 A. Uh-huh (indicating yes). 2 there? 3 Q. Would it not be important for you to 3 A. No. 4 know that there is a possibly that the 4 Q. Do you know a gentleman named Cheatwood, 5 contaminants that were put in that 5 Jerry Cheatwood, who worked for ADEM at 6 landfill might affect that well or a 6 the time you were the environmental - 7 well that a person had in the area? 7 A. Jerry Cheatwood, the name doesn't sound 8 A. 1 wasn't aware of anybody having any 8 familiar to me, sir. 9 wells in the area, but if there were, it 9 Q. Do you ever remember him doing a study 10 would have been important to know that. 10 or any kind of sampling or testing in 11 Yes, sir. 11 that area during that time frame -- 12 Q. And if the hydrology of that landfill 12 A. No, sir. 13 was such that it might have affected 13 Q. -- while you were there? 14 what they call the discharge area that 14 A. 1 don't remember. 15 fed into -- coming down from 15 Q. Are you familiar, Mr. Cheever, with the 16 Jacksonville -- Do you know where 16 hydrology of the western landfill? You 17 Jacksonville, Alabama is? 17 have indicated earlier you just knew it 18 A. Yes, sir. 18 was a former disposal site. Did anybody 19 Q. And the discharge area that comes down 19 ever tell you about the hydrology of 20 from Jacksonville, Alabama, and feeds 20 that particular site? 21 Coldwater Springs, would it not have 21 A. No, sir. 22 been important for you to know that? 22 Q. Did anybody ever tell you how the site 23 A. It is my understanding that water is 23 was lined at the bottom? Page 135 Page 137 1 several hundred feet in the ground. And 1 A. No, sir. 2 we are talking here -- We were looking 2 Q. Did anybody ever give you any indication 3 here in the upper twenty or thirty feet 3 of what was placed on the top of that 4 of the ground. And 1 wasn't aware of 4 landfill? 5 any connection between the two. 5 A. No, sir. 6 Q. Are there liners under those parathion 6 Q. And is it your statement here today that 7 pits that would have prevented the 7 that was not a part of your 8 parathion cells that are depicted in 8 responsibility? Nobody told you that 9 Plaintiffs' Exhibit One -- that would 9 was part your responsibility while you 10 have prevented the parathion -- 10 were there? 11 A. Just natural clay, natural compacted 11 A. No, sir. Would you -- 12 clay. 12 Q. Did anybody ever tell you that was not a 13 Q. Who told you that? 13 part of your responsibility while you 14 A. Jerry Brown based on when 1 started in 14 were there? 15 there and on how these cells were built, 15 A. Nobody ever told me that 1 was 16 and in discussions with Garrity and 16 responsible for this particular area, if 17 Miller, who were the consultants that 17 that is the question. 18 were retained by Monsanto to work with 18 Q. Nobody ever told you that? 19 us on this part of the process. 19 A. It was a part of inside the fence. It 20 Q. Did you or did ADEM ever suggest at any 20 was an idle manufacturing area that had 21 point in time that the landfill south of 21 once been used for disposal of 22 202 might have affected the ground water 22 materials. That's all 1 knew. 1 had no 23 and wells in that area? Do you ever 23 responsibility to do anything with it, Pages 134-137 HARTOLDMONO014036 1 2 Q. 3 A. 4 Q. 5 6 7 8 9 A. 10 11 Q. 12 A. 13 14 15 16 17 Q. 18 19 A. 20 21 22 23 Page 138 if that is the question you are asking. Who would have, if you didn't? I'm not sure 1 understand the question. Who would have had the responsibility for monitoring that particular disposal area and making sure it didn't affect the neighbors? There were neighbors to the west of that site, were there not? Quite a bit west, uh-huh (indicating yes). Okay. 1 guess 1 would have been involved were there any indication that there was a concern with that area, but we had nothing 1 was aware of, so 1 wasn't involved with it. Okay. Are you familiar with the Monsanto Pledge? Yes, sir. MR. STEWART: Okay. Mark that. (Plaintiffs' Exhibit Number Four was marked for identification.) 1 Q. 2 3 4 5 6 A. 7 8 Q. 9 10 11 12 13 14 A. 15 16 17 Q. 18 19 20 21 22 23 Page 140 Was that not y'all's goal before the pledge was put into effect? Isn't that what y'all worked toward before the time this pledge was put into effect, Mr. Cheever? I'm safe to assume that, 1 guess. Uh-huh (indicating yes). Would the reduction -- Or to reduce all toxic and hazardous releases and emissions, would that also be not only from current productions but also from a landfill that was operated on your plant site there? My understanding was this was primarily from operating manufacturing units as opposed to past practice. Well, let me see if 1 can understand what you're saying, Mr. Cheever, because 1 certainly want to. 1 want to be careful that 1 do understand what you are saying. Are you telling me that once you bury it in the ground, even if it is on your property, you have no Page 139 Page 141 1 Q. All right. Do you want to take a look 1 responsibility to make sure that it 2 at that. 2 doesn't emit some toxic substance into 3 A. Uh-huh (indicating yes). 3 the environment after you bury it? 4 Q. Are you familiar enough with it that you 4 A. That's not what 1 said. 5 don't need time to look at it and 1 can 5 Q. What did you say? 6 go ahead and ask you questions about it? 6 A. This was not an active facility at the 7 A. Go ahead. Ask me questions. Yes, sir, 7 time, and there was no indication -- we 8 I'm familiar enough with it. 8 had no indication that 1 was aware of 9 Q. The first part of this pledge indicates 9 that there was anything leaving the 10 that it is Monsanto's response -- This 10 place it was put. 1 don't know that we 11 one is signed by Mr. Richard J. Mahoney, 11 had enough information or any 12 and he was chairman and chief executive 12 information to indicate that there was a 13 officer of Monsanto at the time this 13 concern or anything leaving that area. 14 pledge was put in place; is that 14 If there was, then we would have done 15 correct? 15 something about it. 16 A. That's correct. 16 Q. All right. Now, let me ask you about 17 Q. It says it was the pledge of Monsanto to 17 that. If you had known that BASS, the 18 reduce all toxic and hazardous releases 18 fish organization, had sued the company 19 and emissions, working towards an 19 over PCB contamination in the '70s, that 20 ultimate goal of zero effect. This 20 would be important to you, wouldn't it, 21 pledge was put in place, it indicates 21 Mr. Cheever? 22 here, on January of 1990. 22 A. I'm not sure. 23 A. Uh-huh (indicating yes). 23 MR. COX: Object to the form. Pages 138-141 HARTOLDMONO014037 1 Q. 2 3 4 A. 5 Q. 6 7 8 9 10 11 12 13 14 15 A. 16 17 18 Q. 19 20 21 22 23 A. Page 142 If they had sued the company over 1 contamination of that area, would that 2 not have been important to you? 3 This area here (indicating)? 4 A. Yes, sir. Not the western landfill, but 5 Q. take a look at Plaintiffs' Exhibit Two. 6 A. If there was some concern by BASS that 7 Q. the southern landfill -- PCBs had 8 spilled out of the southern landfill 9 down through Snow Creek and into 10 Choccolocco Creek, that would have been 11 important for you to know, wouldn't it? 12 MR. COX: Object to the form. Go 13 ahead. You can answer it. 14 A. 1 thought we were still talking about 15 the western, this piece right here 16 (indicating). 17 I'm talking about the plant itself that 18 you worked at, and I'm trying to relate 19 Q. it to this goal here in the pledge, 20 number one, that you say was a goal even 21 before the pledge was put in place. 22 A. It was something everybody worked 23 Q. Page 144 wasn't it? It had been something you had been directly involved in, hadn't you -Exactly - - in '85? I'm sorry? Again? You had been involved in some kind of problem in 1985, had you not, where there was some concern expressed again by a regulatory agency, 1 believe the Attorney General's Office at some point in time in 1985? Y'all had a problem then, hadn't you? They had taken some samples that indicated there was potential contamination in some sediments in that ditch and in that unnamed tributary to Snow Creek and along Snow Creek. Yes. And what was the contaminant we are talking about that they had found in 1985, Mr. Cheever? It was PCBs. So there had been -- You didn't know Page 143 Page 145 1 toward, yeah. 1 about any problems in the '70s, but in 2 Q. Well, wouldn't it have been important 2 '85, before this pledge was put into 3 for you to know that you had had a 3 effect --1 guess formally put into 4 previous problem there so severe that it 4 effect, y'all had had a problem while 5 affected perhaps the fishing in 5 you were there with PCBs, the very thing 6 Choccolocco Creek or Logan Martin Lake? 6 we were talking about earlier; isn't 7 That would have been important for you 7 that correct, Mr. Cheever? 8 to know, wouldn't it, Mr. Cheever? 8 A. The very thing we were talking about 9 A. From the 1970s? 9 earlier? 10 Q. Yes, sir. 10 Q. The contamination of the tributary and 11 A. Is that what you're talking about? 11 Snow Creek and Choccolocco Creek and 12 Q. Yes, sir. 12 ultimately Logan Martin Lake by PCBs. 13 A. I'm not sure. Like 1 said, in the past 13 You had had a problem with that five 14 -- We looked at these things mostly from 14 years before this pledge was put into 15 what was going on at the time and the 15 effect? 16 operating things at the time. In the 16 A. I'm confused, 1 guess. 17 landfill at the time there was no 17 Q. Well, 1 certainly don't want to confuse 18 evidence of anything coming out at that 18 you. But 1 thought you -- Hadn't the 19 point in time that hadn't been taken 19 Attorney General raised some question 20 care of, you know, wasn't being 20 about high levels of PCB found in the 21 addressed in some fashion. 21 sediment of Snow Creek? 22 Q. Well, there certainly was at the time 22 A. There was -- Yes. There were some 23 when this came out in January of 1990, 23 questions about levels of PCBs. Pages 142-145 HARTOLDMONO014038 Page 146 Page 148 1 Q. They were actionable levels under the 1 informally in place before 1990 -- 2 rules y'all were abiding by, weren't 2 wouldn't this pledge require you, 3 they? 3 Mr. Cheever, this policy that y'all 4 A. 1 don't recall what the levels were, but 4 followed even before Mr. Mahoney 5 it very well could have been. 5 enunciated it in January of 1990, 6 Q. It exceeded fifty parts per million, 6 require you to do that? 7 didn't it? 7 A. I'm not sure it would have required us 8 MR. COX: If you recall. 8 to do it. No, sir. 9 A. 1 don't recall the exact values that 9 Q. So you don't see any obligation or 10 were there. It very well could have. 10 responsibility to find out the source of 11 Q. And y'all actually removed some sedimen til this release or emission? Are you 12 from Snow Creek, didn't you, a portion 12 saying here today that you don't think 13 of Snow Creek? 13 it came from the Monsanto property? 14 A. 1 believe we did. 14 A. No, sir, that's not what 1 said. 15 Q. And removed it and sent it to Emelle. 15 Q. Well, wouldn't you think it would be 16 You didn't bury it in your landfill. 16 important and incumbent on you at that 17 You sent it to Emelle, didn't you? 17 time to locate the source? 18 A. That is correct, 1 guess. 18 A. PCBs were widely used in industry and 19 Q. Where, Mr. Cheever, sitting here today, 19 all kinds of areas, electrical 20 can you tell us in your judgment as a 20 transforming equipment and other kinds 21 person who was the environmental 21 of things. Monsanto might have been 22 specialist and engaged in managing that 22 only one of many sources from which it 23 landfill from that standpoint from '83 23 could have come. Page 147 Page 149 1 to '86, where did that come from? Where 1 Q. Tell me if you would what plant is 2 did the PCBs come from? 2 located along that tributary there other 3 A. 1 don't know, because we weren't 3 than the Monsanto Chemical plant. 4 handling PCBs or disposing of PCBs 4 A. There is an Alabama Power electrical 5 during the '83 to '89 time frame. So 1 5 substation. 6 wouldn't know. It had to potentially 6 Q. That is west of y'all's plant, isn't it? 7 come from the time it was being 7 A. Yes, it is. 8 manufactured at the site 1 would 8 Q. So the plant is in between this location 9 imagine. 9 on Snow Creek where you found this 10 Q. Well, did you do any testing to make any 10 stuff, isn't it? 11 determination to find out where that 11 A. Yes, it is. 12 came from at that time, Mr. Cheever? 12 Q. But you did not go back toward the 13 A. Did 1 personally? No. 13 southern landfill and make any 14 Q. Did you ask any questions of anybody who 14 determination at any point in time then 15 had been historically involved in the 15 as to what the source of the PCBs were? 16 production of PCBs and the disposing of 16 A. Not that 1 recall, no, sir. 17 wastes at that particular point in time, 17 Q. Okay. Now, next part, would you read 18 Mr. Cheever, to find out exactly where 18 the next part, Mr. Cheever, of this 19 that came from? 19 oath? 20 A. 1 don't recall making any specific 20 A. "Ensure no Monsanto operation poses any 21 inquiries. 1 may have, but 1 don't 21 undue risk to our employees and our 22 recall specifically. 22 communities." 23 Q. Wasn't this pledge that you say was 23 Q. Well, would not the community that would Pages 146-149 HARTOLDMONO014039 Page 150 Page 152 1 be affected by any kind of release from 1 A. PCBs are regulated under 40 CFR, Part 2 your plant, whether it is PCBs or 2 761. 3 whatever it would be, wouldn't that be 3 MR. STEWART: Let's take a short 4 that community that was located east of 4 break. 5 your plant, across the street, across 5 (A break was taken.) 6 Clydesdale? 6 Q. Mr. Cheever, we were --1 was asking you 7 A. That certainly would be defined as part 7 don't you think it would be important -- 8 of the community, yes, sir. 8 to put it another way -- for you to know 9 Q. What community meetings did you hold a : 9 the source of that leaching out of those 10 the time the discovery was made of the 10 PCBs at that time in '85? 11 PCBs in the tributary and portion of 11 MR. COX: Object to the form. 12 Snow Creek in 1985, Mr. Cheever? 12 There is no evidence that the 13 A. 1 don't recall holding any, but 1 wasn't 13 south landfill is the source 14 involved in that other than from an 14 of those PCBs. 15 informational basis. 15 Q. Well, did you have any idea what the 16 Q. Well, what information did you provide 16 source of the PCBs were? 17 at that particular period of time? 17 A. No, sir. 18 A. Did 1 provide? 18 Q. Now, read down there about the fifth 19 Q. Yes. 19 paragraph where it says -- the fourth 20 A. 1 don't recall 1 provided any. 1 was -- 20 paragraph. 21 My job was to manage the ongoing, active 21 A. "Ensure ground water safety," is that 22 portion of the facility and the plant. 22 the one? 23 And 1 wasn't involved directly in past 23 Q. Yes. Were y'all monitoring the southern 1 2 Q. 3 4 5 6 7 8 9 10 11 12 13 14 A. 15 16 17 18 19 Q. 20 21 22 23 Page 151 practice activities at the site. Well, if Mr. Brown says that he was not in charge of it and you say you were not in charge of it, exactly who is responsible for that particular area on the plant -- or at the plant site in Anniston at the time, between '83 and '89? Who is responsible for that? MR. COX: I'm sorry, Donald. 1 don't mean to interrupt. What area of the plant? MR. STEWART: The southern landfill. It was my responsibility to maintain and operate this landfill that is depicted in Exhibit Number One according to the requirements of the permit which was issued for the operation of that site. Well, are you saying that if you have a leaching out from that landfill of a regulated toxic substance -- PCBs was a regulated toxic substance, wasn't it, Mr. Cheever? 1 2 3 4 5 A. 6 7 Q. 8 A. 9 Q. 10 11 A. 12 13 14 Q. 15 16 17 18 A. 19 Q. 20 21 22 A. 23 Page 153 landfill for any PCBs during the time we are talking about, '83 to '89? You were not, were you? MR. COX: In ground water? No. PCBs are not mobile enough to be in ground water. Who told you that? 1 don't remember who it was. Do you know how far away Choccolocco Creek is from the plant site? Yeah. 1 wouldn't -- It is probably ten miles or so. I'm not sure what the mileage is. Were you aware of the fact that PCBs had migrated from the tributary to Snow Creek to Choccolocco Creek from your plant at the time we are talking about? 1 was not aware of that. That is a pretty good migration, isn't it, if that had happened, isn't it, Mr. Cheever? If in fact it happened, 1 guess it would be. Pages 150-153 HARTOLDMONO014040 Page 154 Page 156 1 Q. Is it your statement here today that it 1 landfill, and 1 don't know how --1 2 didn't? 2 don't have any information that would 3 A. 1 don't have any information or 3 directly connect the two events. 4 knowledge that would lead me to believe 4 Q. You don't know that there is some ten 5 that it did happen. 5 million pounds of PCBs buried in the 6 Q. Well, no one even told you they had done 6 southern landfill? 7 any testing there before, so you 7 A. 1 wasn't aware of that. 8 wouldn't have any way of knowing one wa\ 8 Q. And perhaps also in the western 9 or the other, would you, Mr. Cheever? 9 landfill? You are not aware of that? 10 A. 1 was involved in a test in 1983 that 10 A. No, sir. 11 you asked about earlier. 1 remember 11 Q. Do you know of any other place as you 12 seeing it, wasn't involved in it, but 1 12 sit here today, Mr. Cheever, where that 13 remember hearing about it. 13 much PCB is buried in one landfill? 14 Q. Was that a test of the sediment in 14 A. No, 1 -- No, 1 sure don't. 15 Choccolocco Creek that you participated 15 Q. Can you name me one landfill in the 16 in in connection with the Conservation 16 United States where they have that much 17 Department, Monsanto did? 17 PCB buried? 18 A. Yes, sir. 18 A. Chemical Waste Management's Emelle, 19 Q. Well, didn't that have to do with PCBs 19 Alabama, landfill might have that much. 20 in the sediment at Choccolocco Creek? 20 1 don't know. They are one location 21 A. Yes, sir. 21 that 1 know has in the past accepted 22 Q. And is it your statement here today, as 22 materials potentially contaminated with 23 you sit here today, that that didn't 23 PCBs. Page 155 Page 157 1 come from your plant? 1 Q. They have in fact accepted some of the 2 A. 1 don't have any information that would 2 PCBs that y'all took out of the creek at 3 lead me to believe that it did. 3 the time y'all did the remediation work 4 Q. You don't have any information to lead 4 in 1988, didn't they? 5 you to believe that it did? 5 A. It's my understanding, yes, sir. 6 A. No, sir. 6 Q. Let me show you, Mr. Cheever what we 7 Q. Well, where are you suggesting that it 7 will mark as Plaintiffs' Exhibit Five. 8 came from, Mr. Cheever? 8 (Plaintiffs' Exhibit Number 9 A. 1 don't know where it came from. It 9 Five was marked for 10 could have come from anywhere, 1 guess. 10 identification.) 11 As we mentioned earlier, PCBs were 11 Q. All right. Are you familiar with this 12 widely used for a long period of time as 12 guideline? 13 a dielectric fluid in electrical 13 A. Yes, sir. 14 equipment and other things, so it could 14 Q. And were you obligated to operate under 15 have come from anywhere. 15 this guideline when it was put in place? 16 Q. So it is your statement here today that 16 A. The guideline is a suggested approach. 17 there is no direct correlation between 17 It is not a mandatory thing. 18 the PCBs that y'all have located in the 18 Q. Well, it reads "Monsanto Guideline, 19 landfill that is south of 202 and other 19 Effluent and Emission Control." 20 areas on your plant site up there and 20 A. Uh-huh (indicating yes). 21 the PCBs that were found in Choccolocco 21 Q. And right under that it reads "Control 22 Creek in 1983? 22 pollutant discharges from Monsanto 23 A. I'm not aware of any PCBs in the 23 operations so as not to endanger health Pages 154-157 HARTOLDMONO014041 Page 158 Page 160 1 and the environment." 1 attention by the Attorney General, was 2 Can you tell us the date this was 2 it not? 3 put into place? It is down in the 3 A. Brought to Monsanto's attention by the 4 right-hand corner there. 4 Attorney General, yes, sir. 5 A. February 18, 1983. 5 Q. Would it not be a part of your 6 Q. So you were at the plant at that time, 6 responsibility under four and "A" under 7 were you not? 7 four to find out where that stuff came 8 A. 1 had barely joined the staff, yes, sir. 8 from, where the PCBs came from? 9 Q. And you were given a copy of this? 9 A. No, sir. 1 don't think it would have 10 A. 1 might have been. 1 don't recall. 10 been. 11 Q. Okay. When do you recall first being 11 Q. Well, I'm struck by your answer to that 12 made aware of it? 12 question, Mr. Cheever, because you have 13 A. 1 don't know. 1 don't remember. They 13 just indicated to us that y'all took 14 have been around. 1 don't remember 14 some remedial action in connection, 15 exactly when 1 first became aware of it. 15 let's just say, with the Snow Creek 16 Q. Did this deal with start-up or current 16 matter. Did you not? 17 operations, or does it also deal with 17 A. Yes, we did. 18 what you are required to do with the 18 Q. You removed some of the soil or sediment 19 management of this landfill that is on 19 from Snow Creek and from that tributary, 20 the site there at Anniston? 20 placed it on the landfill and analyzed 21 A. Both. 21 it and sent it to Emelle, didn't you? 22 Q. Both? 22 A. 1 believe that is what was done, yes, 23 A. The management of the landfill was a 23 sir. Page 159 Page 161 1 current operation. 1 Q. Because you couldn't landfill it, could 2 Q. So if there was something coming off the 2 you? 3 landfill south of 202, this governed 3 A. Our landfill was closed at that point in 4 what your responsibilities were to that? 4 time, sir. 5 A. It was a guideline we were to use along 5 Q. Mr. Cheever, why if you're saying -- And 6 with other -- you know, other available 6 maybe I'm misunderstanding you. If 1 7 information to manage our jobs. 7 understand you to say that that was not 8 Q. Look at four. 8 your PCBs, why did y'all move it to 9 A. Uh-huh (indicating yes). 9 Emelle? 10 Q. Could you read that for us, please? 10 MR. COX: Object to the form. 11 A. "Determine effluent and emission waste 11 Q. Why did Monsanto take that 12 loads from specific processes when 12 responsibility? 13 required for, a, solution of current or 13 A. Why did we take the responsibility? 14 prospective problems." 14 Q. Yes, sir. 15 Q. Let's stop there please, Mr. Cheever, if 15 A. We were presented with some data from 16 we can. Once you learned about PCBs in 16 the Attorney General that indicated it 17 the sediment in Choccolocco Creek and 17 was a concern, and Monsanto was willing 18 PCBs in Snow Creek -- The Choccolocco 18 to make an effort to resolve the concern 19 Creek thing would have been in '83, 19 the Attorney General had. 20 would it not? 20 Q. Which was the release of PCBs from your 21 A. 1 believe that is when it was, yes, sir. 21 property into Snow Creek; isn't that 22 Q. And '85 would have been the problem in 22 correct? 23 Snow Creek that was brought to your 23 A. No. It was -- My understanding, it was Pages 158-161 HARTOLDMONO014042 Page 162 Page 164 1 a resolution of some sediment samples 1 Attorney General Graddick was talking 2 that were found in Snow Creek and that 2 about in this letter of January 26, 3 unnamed tributary. 3 1985, by removing the sediment we have 4 Q. So it is your understanding that the 4 previously talked about, analyzing it, 5 Attorney General never indicated it was 5 and sending it -- 6 your responsibility, Monsanto's 6 A. It was in response to this letter, yes, 7 responsibility? 7 sir. 8 A. I'm not aware that that was an 8 Q. Okay. Now, you also received a letter 9 indication from the Attorney General, 9 from Mr. Broadwater, Director of the 10 no, sir. 10 Alabama Department of Environmental 11 Q. So you are telling us here today that 11 Management, did you not, or Greg Kneisel 12 the Attorney General asked y'all just 12 to Mr. Broadwater. Pardon me. Let me 13 out of the goodness of your heart to 13 show you Plaintiffs' Exhibit Seven. Do 14 remove it, that he didn't think it came 14 you want to read over that letter? 15 from your plant or your facility in 15 (Plaintiffs' Exhibit Number 16 Anniston? 16 Seven was marked for 17 A. To my understanding, he presented the 17 identification.) 18 data and asked what we were going to do, 18 Q. You've had an opportunity to review this 19 and we presented a plan and executed the 19 letter of February 26, 1985, from 20 plan. 20 Mr. Greg Kneisel to Mr. Joe Broadwater. 21 Q. Because y'all assumed the responsibility 21 Does that refresh your recollection at 22 for the PCBs because it came off your 22 all as to what was happening in 1985 in 23 property, didn't it? 23 connection with this sediment sampling Page 163 Page 165 1 A. 1 don't believe we assumed the 1 of Snow Creek and the PCBs in Snow 2 responsibility for anything, my 2 Creek? 3 understanding. 3 A. 1 wasn't aware that that letter existed, 4 MR. STEWART: Okay. This will be 4 but -- 5 Plaintiffs' Exhibit Six. 5 Q. Well, did you know that Mr. Joe 6 (Plaintiffs' Exhibit Number 6 Broadwater was the director of the 7 Six was marked for 7 Alabama Department of Environmental 8 identification.) 8 Management at that time? 9 Q. Do you remember seeing this letter? 9 A. The name sounds familiar. 1 remember 10 This is a letter dated January 22nd, 10 the name now that the name comes up, 11 1985, Plaintiffs' Exhibit Six is, to 11 yes, sir. 12 Mr. Richard J. Mahoney, President of 12 Q. And you see from reading the letter that 13 Monsanto Chemical Company. And it 13 there was potential litigation 14 refers to investigators from the 14 apparently planned by the Attorney 15 Attorney General's Office finding PCBs 15 General's Office against Monsanto, 1 16 in the Snow Creek area. Do you recall 16 assume. 17 seeing this letter? 17 A. 1 can read that, yes, sir. 18 A. 1 don't recall seeing it, but it looks 18 Q. Okay. And was that not related to the 19 familiar. 19 high level of PCBs that were found in 20 Q. Is this not the problem that we're 20 the sediment? 21 talking about? When he talks about 21 A. That's what it says. 22 removing sediment, didn't y'all 22 Q. And it says one and a half miles from 23 ultimately resolve this problem that 23 the plant? Pages 162-165 HARTOLDMONO014043 Page 166 Page 168 1 A. Uh-huh (indicating yes). 1 was of this particular project, Mr. -- 2 Q. Isn't that correct? 2 A. No, sir, 1 sure don't. 3 A. That's what it says, yes, sir. 3 Q. Okay. This talks about the dredge 4 Q. The levels are certainly above fifty 4 materials on page -- on the second page 5 parts per million, are they not? 5 of the proposal transported to a 6 A. That's what it says, yes, sir. 6 temporary storage site at the Monsanto 7 Q. Y'all did some sampling, Mr. Cheever, 7 Company landfill site. Y'all sampled 8 did you not -- 8 it, and after that you sent it to 9 A. Monsanto undertook a sampling plan, yes , 9 Emelle. Is that where you sent it to? 10 sir. 1 believe so. 10 A. That's my understanding, yes, sir. 11 Q. And weren't the levels that y'all found 11 Q. In the next paragraph it says that -- in 12 in certain portions of the creek higher 12 the second sentence of the next 13 -- or the sediment of the creek higher 13 paragraph, the fourth paragraph from the 14 than what the Attorney General -- 14 top of the page, the sampling to be 15 A. 1 don't recall what those values were. 15 carried out in accordance with the 16 It could have well been. 16 scheme published in the United States 17 Q. And that is exactly why y'all did what 17 Environmental Protection Agency 18 you did, isn't it, Mr. Cheever, why 18 document, EPA-560/5-85-026, verification 19 y'all took the steps that you took to 19 of PCB spill cleanup by sampling and 20 rectify the problem, because -- 20 analysis. Was the EPA involved in this, 21 A. It is my understanding that we made a 21 Mr. Cheever? 22 proposal and provided it to the Attorney 22 A. 1 don't recall them being, but they 23 General for his consideration, and 23 could have been. Page 167 Page 169 1 ultimately did the job. Yes, sir. 1 Q. Okay. Do you remember having any 2 (Plaintiffs' Exhibit Number 2 conversations with anybody at the plant 3 Eight was marked for 3 who said they had talked to anyone from 4 identification.) 4 the EPA? 5 Q. Let me show you Plaintiffs' Exhibit 5 A. 1 don't recall. The EPA very well could 6 Eight, which is a letter dated May 15, 6 have been involved, but 1 don't recall 7 1986, from Mr. Brown, who was your 7 whether or not they were. 8 supervisor for part of the time -- 8 Q. Okay. Now, on the next page, the seconc 9 A. Uh-huh (indicating yes). 9 paragraph, it says what y'all were going 10 Q. -- that you worked there. 10 to do with the material, which you have 11 A. Uh-huh (indicating yes). 11 ultimately indicated it happened; is 12 Q. And ask you to take a look at that whole 12 that correct? 13 exhibit, and 1 want to ask you some 13 A. 1 believe so. 14 questions about it. 14 Q. Do y'all have a habit, Mr. Cheever, of 15 A. Okay. 15 doing this kind of thing just as good 16 Q. Have you familiarized yourself with 16 neighbors, or do you do it generally, 17 this -- 17 Mr. Cheever, when y'all are responsible 18 A. 1 skimmed through it. 18 for the problem that exists? 19 Q. And this proposal was sent to Mr. Moore 19 MR. COX: Object to the form. You 20 by Mr. Brown. Is that the proposal you 20 can answer it if you can. 21 are talking about that y'all developed? 21 A. 1 don't know if 1 know the answer to 22 A. It appears to be, yes. 22 what Monsanto does as a policy. 1 know 23 Q. Now, do you have any idea what the cost 23 we have been involved here doing things Pages 166-169 HARTOLDMONO014044 Page 170 Page 172 1 over and above what was required as the 1 A. Yes, sir. 2 right thing to do. It is my 2 Q. Was there any money that was available 3 recollection that we weren't given 3 for political candidates, Mr. Cheever, 4 approval to do this. We just went 4 at that particular time? Did y'all give 5 ahead and did it without the okay. 1 5 money to candidates in state races at 6 may be wrong on that, but that is my 6 that time? 7 recollection. 7 A. We could have. I'm not aware -- I'm 8 Q. When did y'all decide to do that? When 8 sure we did, but 1 don't know. We may 9 did you actually do the work? 9 have. 10 A. 1 believe it was in the '88, '89 time 10 MR. COX: Don't speculate. If you 11 frame, but it was being done about the 11 know, you know. If you 12 time 1 left, as 1 recall. 1 was not 12 don't, you don't. 13 involved in this work directly. 13 A. 1 don't know, but we very well could 14 Q. Well, you were involved in working out 14 have. 15 the deal with Attorney General 15 Q. Well, do you know whether or not some 16 Siegelman, weren't you? 16 money was given to Don Siegelman's 17 A. No, sir. 1 wasn't involved directly 17 campaign -- 18 with that. 18 A. 1 haven't the foggiest idea. 19 Q. You never met with Attorney General 19 MR. COX: Let him finish his 20 Siegelman -- 20 questions. You are cutting 21 A. 1 may have, but 1 don't recall. 21 him off. 22 Q. -- or talked with him at any point in 22 Q. Do you know or were y'all a part of the 23 time? 23 Alabama Chemical Association at that Page 171 Page 173 1 A. 1 may have, but 1 don't recall it. 1 time, in 1988? 2 Q. Were you a part of the government 2 A. 1 believe we were, yes, sir. 3 relations group from Monsanto that met 3 Q. What is that, Mr. Cheever? 4 with him on March 29th of 1998 -- 4 A. It is a trade association of chemical 5 A. No, sir, 1 wasn't. 5 companies within the states that are 6 Q. - or 1988? 6 subgroups within the Chemical 7 A. No, sir. 7 Manufacturers Association as a whole. 8 Q. Do you know of anybody who might have 8 Q. Did those people from time to time seek 9 been involved from the Anniston plant 9 to influence public policy by talking to 10 with the government relations group from 10 politicians and talking to people who 11 Monsanto who might have met with him? 11 hold public office? 12 A. The plant manager was normally the 12 A. I'm not aware of what the associations 13 person at the -- at a site who is 13 do. They very well could, but 1 don't 14 involved in government relations work. 14 know. 15 Plus we had a public relations -- or 15 Q. You were aware of what assistance 16 government relations department working 16 Mr. Denner provided Mr. Siegelman in 17 out of the public relations group within 17 getting him to speak to that group or at 18 the corporate structure that handles and 18 least talking to him when he spoke to 19 meets with plants and communities and 19 that group in 1988, weren't you, Mr. -- 20 state agencies around public relations 20 A. Not that 1 recall. 21 kinds of activities. 21 Q. -- Cheever? Weren't you told about that 22 Q. Would that have been David Denner in 22 by Mr. Denner? 23 '88? 23 A. 1 may have been. 1 don't recall. Pages 170-173 HARTOLDMONO014045 Page 174 Page 176 1 Q. And wasn't there something done at that 1 any political contributions that were 2 particular time as a result of 2 made in the State of Alabama? 3 Mr. Siegelman meeting with the 3 A. 1 don't know the answer to that 4 government relations group from Monsantoi 4 question. 1 have no idea of what they 5 and addressing the Alabama Chemical 5 are allowed to do or not to do. 6 Association about this proposal that 6 Q. It also refers to the meeting on 7 Mr. Brown had put together? 7 addressing the Alabama Chemical 8 A. It could have been. 1 don't recall. 8 Association, is that right, and having 9 Q. Wasn't it subsequent to those meetings 9 dinner with them on March 23rd, in the 10 that that happened and took place? 10 first sentence? 11 A. I'm sorry. Again, please? 11 A. Uh-huh (indicating yes). 12 Q. Wasn't it at those meetings that y'all 12 Q. You got a copy of this letter, didn't 13 finally put your protocol or program in 13 you, Mr. Cheever? 14 place to remove the sediment from Snow 14 A. Yes, 1 did, based on what the letter 15 Creek? 15 shows. 16 A. As 1 recall this proposal was put 16 Q. And then after those sentences talking 17 together in '86. 17 about the dinners with both the Chemical 18 Q. And y'all put the plan in motion in '89, 18 Association and y'all's government 19 didn't you? You finally finished it up 19 relations group, Mr. Denner talks about 20 in '89? 20 tackling the drug problem in the state, 21 A. 1 believe that's correct. 21 Don Siegelman's efforts to tackle that 22 Q. So it would have certainly been after 22 problem. 23 any kind of dinner meeting that 23 A. Uh-huh (indicating yes). Page 175 Page 177 1 Mr. Denner or Danner -- Denner -- might 1 MR. COX: Answer out. 2 have had Attorney General Siegelman? 2 A. Yes. I'm sorry. 3 A. It may have been. I'm not aware. 3 Q. And then he wanted -- 4 Q. Let me show you Plaintiffs' Exhibit 4 A. 1 thought you were telling me what it 5 Eight -- Nine and ask you to take a look 5 said, not asking me. 6 at it. 6 Q. And Don Siegelman had indicated later -- 7 (Plaintiffs' Exhibit Number 7 or Mr. Denner indicated that he was 8 Nine was marked for 8 appreciative of Mr. Siegelman's 9 identification.) 9 statements about working with the 10 Q. This letter refers to a meeting that was 10 Attorney General's Office to resolve 11 held -- dinner meeting was held with the 11 environmental issues. 12 Attorney General of the State of 12 A. Uh-huh (indicating yes). 13 Alabama, who at this time was 13 Q. And it is at this point in time that 14 Mr. Siegelman instead of Mr. Graddick. 14 proposal was put -- That is what the 15 And the second sentence on the first 15 next four paragraphs or five paragraphs 16 page, a letter from Mr. Denner to Don 16 refer to; is that not correct? 17 Siegelman, "It was also a pleasure to 17 A. That's correct. 18 see you again March 29th at dinner with 18 Q. That proposal that is Plaintiffs' 19 our government relations group from 19 Exhibit Eight that Mr. Brown put 20 Monsanto." That's the plant managers 20 together; isn't that correct? 21 you are talking about? 21 A. Yes, sir. 22 A. Yes, sir. 22 Q. In this letter Mr. Denner says Attorney 23 Q. Didn't they control the purse strings on 23 General Siegelman can contact Mr. Brown Pages 174-177 HARTOLDMONO014046 Page 178 Page 180 1 or you about implementing this proposal. 1 distance some two -- twenty-one hundred 2 Who did he contact, or who did his 2 feet from some point -- fifteen hundred 3 office contact? 3 feet beyond the confluence of Snow Creek 4 A. Mr. Denner gives -- says he can contact 4 and the tracks at Eleventh Street, 5 Mr. Brown or myself if there are any 5 Southern Railway tracks at Eleventh 6 questions that need to be addressed, 6 Street. So that is quite a ways from 7 yes. 7 the plant as 1 recall. 8 Q. Who was contacted? 8 Q. Well, let me ask you. It is just fifty 9 A. I'm sorry? 9 feet down Snow Creek is what you y'all 10 Q. Who was contacted? 10 up, wasn't it? 11 A. 1 don't recall. 1 don't ever recall 11 A. It says fifteen hundred here. 12 being contacted by the Attorney 12 Q. Is that down Snow Creek or the tributary 13 General's Office with any questions from 13 to Snow Creek? 14 this letter. 14 A. It says here from where the ditch passes 15 Q. Well, what happened in between the 15 under the tracks to the confluence of 16 letter and the implementation of 16 the ditch at Snow Creek. The distance 17 Mr. Brown's proposal in 1989? 17 is fifteen hundred feet. 18 A. 1 don't recall what happened. 18 Q. The confluence of Snow Creek would be 19 Q. Are you telling me that you don't know 19 where the tributary that you have 20 whether or not the Attorney General 20 previously spoken about would pour into 21 approved or disapproved of what y'all 21 Snow Creek? 22 did? 22 A. Uh-huh (indicating yes). 23 A. 1 don't know for sure. It is my 23 Q. You do not dispute what Mr. Brown has Page 179 Page 181 1 understanding that he never provided 1 previously testified about when he said 2 written approval to do the work. 2 they just took fifty feet of Snow Creek 3 Q. Well, 1 was struck by something in the 3 sediment? 4 proposal. It is my understanding, 4 A. It says approximately a hundred feet. 5 Mr. Cheever, y'all went fifty feet down 5 Q. A hundred feet? 6 Snow Creek to take sediment out. In 6 A. I'm sorry. It is two sections. And 7 Mr. Kneisel's letter, Greg Kneisel, he 7 I'm - 8 talks about sediment having PCBs in it 8 Q. Which would be cheaper, Mr. Cheever, for 9 one and one half miles away from where 9 me to take a mile and a half of sediment 10 the tributary goes into Snow Creek or 10 up or take sediment that had PCBs in it 11 from the plant. Yet y'all just went 11 for a mile and a half and test and it 12 fifty feet; is that correct? 12 send it to Emelle, or fifty feet? 13 A. 1 have no idea. 13 A. Fifty feet, 1 guess. 14 Q. Well, let's go back and look at 14 Q. Would be cheaper? 15 Mr. Kneisel's letter. 1 believe he says 15 A. Would be cheaper. 16 to Mr. Broadwater that it was one and 16 Q. And that's what y'all did, isn't it? 17 one half miles. Is that correct or 17 A. 1 have no idea what was done, sir. 18 incorrect? 18 (Plaintiffs' Exhibit Number 19 A. That's correct. 19 Ten was marked for 20 Q. That's what the letter says. 20 identification.) 21 A. That's what the letter says. 1 guess -- 21 Q. Let me show you Plaintiffs' Exhibit Ten, 22 Q. The proposal? 22 and 1 want to ask you some questions 23 A. The proposal indicates that to go down a 23 about that. Before you review that, 1 Pages 178-181 HARTOLDMONO014047 Page 182 Page 184 1 just want to ask you some general 1 Q. Is it not a fact, Mr. Cheever, that the 2 questions. 2 EPA was involved at some stage of the 3 A. Sure. 3 proceeding of this event that took place 4 Q. Y'all had some problems -- Monsanto had 4 on the Snow Creek area? 5 some problems with the EPA about this 5 A. They may have been. 1 don't recall. 6 matter, did they not? 6 Q. And they were at least involved in 7 A. Might have. I'm not aware of it. 1 7 meetings when Graddick was Attorney 8 wasn't aware, but they could have. 8 General, with you all and with ADEM and 9 Q. Well, how about reading this letter, if 9 the Attorney General's Office, weren't 10 you would, and then 1 want to ask you 10 they? 11 some questions about it. 11 A. They may have been. 1 don't recall 12 A. Surely. 12 whether they were involved or not. 13 Q. This is a letter dated August 15, 1985, 13 Q. Why is it that the EPA would have been 14 a certified mail, return receipt 14 involved, Mr. Cheever, with this PCB 15 requested, from a Mr. Thomas W. Devine, 15 incident in 1985? 16 Director of Waste Management Division. 16 MR. COX: Object to the form. 17 A copy was sent to Mr. Daniel Cooper 17 A. 1 don't know the answer to that, sir. 18 with the Alabama Department of 18 Q. Is it still your contention, 19 Environmental Management. It say Mr. Ed 19 Mr. Cheever, after the presentation of 20 -- Is it Jurevic -- 20 all this information here that you have 21 A. Yes, sir. 21 previously made, that Monsanto was not 22 Q. -- is the plant manager? Do you know 22 responsible or the source of the PCBs in 23 what this refers to, Mr. Cheever? Does 23 Snow Creek that y'all cleaned up? Page 183 Page 185 1 this not refer to the same problem we 1 A. 1 don't know as 1 made that --1 don't 2 have been talking about about the PCB 2 know if we were or we were not. 1 don't 3 spill? 3 have enough information or knowledge to 4 A. 1 don't believe so. 4 know that for sure. 5 Q. What does it refer to? 5 Q. What would you need to have? 6 A. It is referencing the RCRA hazardous 6 A. 1 would have had to have been there back 7 waste permit that was issued to the 7 during the time earlier, if it had been. 8 site. At least based on the reference 8 Q. Well, if you had had some knowledge that 9 given on the letter, it is EPA ID 9 there has been a previous concern 10 number, and they provide the number, 10 expressed by people like Mr. Papageorge 11 which was the -- had something to do 11 and others who had been involved with 12 with the permit for the existing active 12 the management of the plant, would that 13 facility. But I'm at a --1 don't 13 not have strengthened your conclusion 14 recall the exact details of it. 14 that you might have been responsible? 15 Q. There were some violations y'all were 15 A. 1 don't know as 1 -- Might have. 1 16 involved in? 16 don't know. 17 A. Apparently based on this letter, that 17 Q. Didn't you prepare a document in -- or 18 was the contention of the EPA at this 18 devise a document that was located at 19 point in time, yes, sir. But 1 don't 19 the plant in 1984 entitled "Monsanto 20 recall the details. 20 Agricultural Products Company, Anniston 21 Q. You don't know what it was about? 21 Plant, Hazardous Waste Management"? 22 A. 1 don't remember. It was thirteen years 22 Didn't you prepare or devise a document 23 ago or fourteen. 23 there? Pages 182-185 HARTOLDMONO014048 Page 186 Page 188 1 A. Yes, 1 believe 1 did, based on -- 1 insure that the inactive portion 2 Q. Let me show you that. 1 want to have it 2 remained intact and was properly -- from 3 marked, if we could, as Plaintiffs' 3 any breach of the covers and caps that 4 Exhibit Eleven, and 1 want to ask you 4 had been placed by others. 5 about a particular area, if you will 5 Q. Well, do you know of any place other 6 just take a look at the document. 6 than those landfills where PCBs were 7 MR. COX: I'm just going to note 7 buried on Monsanto property? 8 an objection to completeness. 8 A. No, sir, 1 do not. 9 It appears only the odd 9 Q. Is it your understanding now as we sit 10 numbered pages are copied. 1 10 here today that that is where they were 11 don't mind you asking 11 buried, whether it was in the western 12 questions about it, but it is 12 landfill or the southern landfill, that 13 not a complete document. 13 PCBs were buried? I'm not talking about 14 MR. STEWART: The way the document 14 '83 to '89. Obviously you didn't know 15 was put together, it is my 15 that then. But is it your understanding 16 understanding that only the 16 today that PCB waste was buried in the 17 odd number - 1 think it is 17 landfill itself, those cells we talked 18 --1 will ask him some 18 about? 19 questions about that. 19 A. I'm not aware any more today of what was 20 (Plaintiffs' Exhibit Number 20 buried there than 1 was back then. 21 Eleven was marked for 21 Q. Okay. But wouldn't this document here 22 identification.) 22 that you revised state that one of the 23 Q. Are you familiar enough with it for me 23 responsibilities was that y'all had at Page 187 Page 189 1 to go ahead and start asking you some 1 that time to manage and make sure there 2 questions? 2 wasn't any leaking out of the landfill 3 A. Yes. 3 or anyplace on the site of PCBs or any 4 Q. Hazardous waste management is covered on 4 other toxic waste in the environment, 5 page five. 5 the air, the ground, the water of your 6 A. Yes. 6 neighbors? Wasn't that part your 7 Q. And let me ask you, if you would, if you 7 responsibility, Mr. Cheever? 8 can tell us if that wouldn't in fact 8 A. 1 guess -- You are going to have to 9 cover the landfill that we are talking 9 repeat the question. 1 missed it. I'm 10 about. 10 sorry. 11 A. There are portions of this that would 11 Q. Wasn't a part of your responsibility and 12 cover the landfill, active portions of 12 Monsanto's responsibility as a plant to 13 the landfill, yes, sir. 13 make sure that none of this stuff 14 Q. Well, let's get to that. Is it your 14 leached out of the inactive landfills 15 statement here today, and is that the 15 where y'all had put waste? 16 reason you are saying what you are about 16 A. Yes. That is part of the 17 the PCBs in Snow Creek, that it just 17 responsibility, was to insure there was 18 wasn't your responsibility or Monsanto's 18 no visible evidence or no evidence of 19 responsibility to cover or to manage the 19 materials escaping from landfills. That 20 inactive areas of the landfill? 20 is why we managed to make sure that the 21 A. That's not what 1 said. My personal 21 caps were intact, the grass was cut, and 22 responsibility was to insure proper 22 the bushes and brush was down and there 23 management of the active portion and to 23 wasn't any slumping or sliding of Pages 186-189 HARTOLDMONO014049 Page 190 Page 192 1 material being washed away or whatever. 1 St. Louis or Anniston, say to you, "Mr. 2 And if there was any evidence of that, 2 Cheever, or Robert, we have a problem 3 we took proper repairs and repaired it. 3 here, and let us tell you the history of 4 Q. What repairs did you make to the 4 that site, because we have tested and we 5 landfill in 1985 after you found the 5 found the very same thing you are 6 PCBs down the creek? 6 finding now in the '70s and we have ten 7 MR. COX: Object to the form. 7 million pounds buried up there"? 8 There is no evidence 8 A. No. 9 connecting those two, Donald. 9 Q. Nobody told you that? 10 Go ahead and answer. 10 A. Not that 1 can recall, sir. No, sir. 11 A. 1 don't recall we made any particular 11 Q. How does that square with the pledge 12 corrections or modifications or repairs 12 that people who worked for Monsanto at 13 to the landfill in '85 as a result of 13 that time took informally before 1990 -- 14 any effort -- any information we became 14 You said it was in place. How does that 15 aware of during Snow Creek. 15 square with the pledge? Aren't they 16 Q. Wouldn't common sense tell you that if 16 required to tell you that under that 17 there were ten million pounds of PCBs 17 pledge? 18 buried, a good portion of it in the 18 A. I'm not sure. 1 suppose that could be 19 southern landfill, that that might be a 19 interpreted, but I'm not sure they are 20 source, Mr. Cheever? 20 required to. 21 MR. COX: Object the form, no 21 Q. Well, didn't you have contact on a 22 foundation. 22 fairly frequent basis with people in the 23 A. 1 wasn't aware there was that much 23 environmental section in the St. Louis Page 191 Page 193 1 material buried in the landfill. 1 office in your job, in your capacity? 2 Q. If there was that much material, if you 2 A. Not frequent contact, no, sir. 3 were aware of it, wouldn't you be 3 Q. You had contact, didn't you, 4 curious as to whether or not it might 4 Mr. Cheever? 5 have come from there, Mr. Cheever? 5 A. From time to time we had contact with 6 A. 1 might have been curious. 6 the environmental manager in St. Louis, 7 Q. And you might have made some tests both 7 yes, sir. 8 on the landfill itself and then in 8 Q. And you had contact with people here in 9 drainage ditches that led from the 9 St. Louis at the time the problem 10 landfill, wouldn't you, Mr. Cheever, if 10 cropped up in 1985, didn't you? 11 you had known that? 11 A. Yes, sir. 12 A. It might have, yes. 1 don't know. 1 12 Q. Who were they? 13 might have. 13 A. I'm trying to remember who the 14 Q. And if you had of and found out that was 14 environmental managers were. One of 15 the source, then you would have made an 15 them is Mike Foresman. His name is on 16 effort to remedy it, wouldn't you? 16 the letter which you showed me earlier. 17 A. I'm sure 1 would have, yes, sir. 17 Dennis Redington 1 believe was one of 18 Q. Did anybody in Monsanto Chemical Company 18 the other environmental managers that we 19 tell you at the time that y'all had 19 had. There might have been one or two 20 these problems with the Attorney 20 others. Those two names are people that 21 General's Office and EPA and you had to 21 1 remember. 22 remove this sediment in the mid '80s -- 22 Q. Don't y'all keep archives and historical 23 did anybody in Monsanto, whether it be 23 records on your plant and facilities? Pages 190-193 HARTOLDMONO014050 Page 194 Page 196 1 A. Monsanto has a records retention 1 on file in St. Louis? 2 guideline that we follow, yes. 2 A. I'm not sure what the records retention 3 Q. Don't you have archives of records of 3 policy is. 1 can't quote it. 1 would 4 tests -- Let's just say Monsanto 4 have to go back and look. 5 performed tests in the '70s and did it 5 Q. Did those two gentlemen you have 6 on PCBs and fish in Choccolocco Creek 6 mentioned ever say to you, "We did tests 7 and in Snow Creek. That information 7 on fish and found -- in Choccolocco 8 would have been readily available to 8 Creek, and PCBs at fairly high levels 9 those project managers, wouldn't it, 9 were found in 1970"? Did either one of 10 Mr. Cheever, in 1985? 10 those people ever say that to you 11 MR. COX: Object to the form. You 11 A. They could have. 1 don't recall. 12 are asking him to speculate 12 Q. Did anyone of those ever say to you that 13 on what some other manager 13 we have already found, in the '70s and 14 had access to. 14 even all the way down to Choccolocco 15 Q. Didn't you work in the environmental 15 where Snow Creek spills into Choccolocco 16 management area before you went to 16 Creek, high levels of PCBs in the system 17 Anniston? 17 there? 18 A. No, sir. 1 was in the environmental 18 A. They could have. 1 don't recall. 19 process design area. 19 Q. Did they or did they not, Mr. Cheever, 20 Q. You knew what the archives were as a 20 as you sit here today? Did they tell 21 result of your working there, didn't 21 you that? 22 you? 22 A. Not that 1 can recall. They might have. 23 A. I'm sorry. Again? 23 (Plaintiffs' Exhibit Number Page 195 Page 197 1 Q. You knew what the archives were and what 1 Twelve was marked for 2 information retention policy y'all had, 2 identification.) 3 as a result of working at the corporate 3 Q. Let me show you Plaintiffs' Exhibit 4 level before you went to Anniston, 4 Twelve and ask you to take a look at 5 didn't you? 5 that if you would, and then 1 want to 6 A. 1 was in two different - totally 6 ask you some questions about it. 7 different areas. 7 A. All right. 8 Q. Are you telling me that you were not 8 Q. Who is -- Plaintiffs' Exhibit Twelve is 9 aware of the fact that you could have 9 a letter from Mr. M. A. P-i-e-r-l-e. Is 10 gone back historically and found out 10 that Pearl? 11 what had been manufactured there and 11 A. Pierle. 12 what was stored there and - 12 Q. Pierle? 13 A. 1 was - 13 A. Uh-huh (indicating yes). 14 Q. -- what problems might have existed 14 Q. Addressed to Mr. R. G. Potter. Who is 15 there in the past? 15 Mr. Potter? 16 A. 1 was told what was manufactured 16 A. Currently he is the chairman and chief 17 historically. But, yeah, 1 guess if 1 17 executive officer of Solutia, 18 needed to go 1 could have gone back and 18 Incorporated. 19 found records if they were still kept in 19 Q. Are you familiar with this proposal in 20 accordance with the requirements. 20 here where they are talking in terms of 21 Q. Well, weren't they required -- If 21 RCRA closures and cleanup of the sites, 22 testing had been done in the '70s, 22 a cleanup program for the Anniston 23 weren't they supposed to be maintained 23 plant? Pages 194-197 HARTOLDMONO014051 Page 198 Page 200 1 A. 1 think 1 know what it was done in 1 And the allocation of costs they 2 regards to, but 1 wasn't party to any of 2 are talking about were between Monsanto 3 the activity. But 1 think 1 understand 3 Chemical Company and Monsanto 4 what it was done for, yes, sir. 4 Agricultural Company; is that not 5 Q. Well, it talks about ongoing monitoring, 5 correct? 6 in the second paragraph, and remedial 6 A. 1 believe that's correct, yes. 7 actions associated with the old 7 Q. The sites that they are talking about, 8 parathion plant and the landfill are 8 the idle sites they are talking about, 9 estimated at 300,000 to 400,000 per 9 are those closed cells, are they not, 10 year; is that correct? 10 where there is contaminated soil? 11 A. That's what it says, yes, sir. 11 A. I'm not sure what they mean by idle 12 Q. It says MAC, which 1 understand is 12 sites. That might be one. 13 Monsanto Agricultural Corporation. Is 13 MR. COX: Don't speculate. 14 that what that stands company? 14 A. 1 don't know for sure what it means. 15 A. Yes, it is. Company, not corporation. 15 Q. Well, if you removed and disposed of 16 Q. Monsanto Agricultural Company has 16 contaminated soil, wouldn't it be in the 17 budgeted funds for 1987 to cover those 17 landfill, Mr. - 18 costs, and apparently they were going to 18 MR. COX: Objection. You are 19 cover them in future years. Is that 19 asking him to speculate about 20 what was used to manage the landfills? 20 what Mr. Pierle was talking 21 A. Yes, sir, 1 believe that's correct. 21 about here. 1 don't know 22 Q. Okay. It goes on to say that -- In the 22 that he can do that. 23 next paragraph, if you will read that, 1 23 MR. STEWART: Well, that is not an Page 199 Page 201 1 want to ask you some questions about it. 1 objection that we reserved. 2 A. I've read it. Do you want me to read it 2 If you want to tell him what 3 out loud? Is that what you are asking? 3 to say --1 want to ask him 4 Q. No. 1 just want to make sure you have 4 questions about the document. 5 read it. 5 If you want to object to me 6 A. Yes, sir, 1 have. 6 doing it, 1 assume you can. 7 Q. It says in the first sentence that there 7 But all 1 want to ask him 8 were no monies reserved for a major site 8 about is the document itself 9 cleanup program. Was there not a need 9 and his -- 10 for a major site cleanup program in 10 Q. Let me just ask you this: Weren't you 11 1987, February 26th, 1987? 11 familiar with what idle sites would be 12 A. There might have been. 1 wasn't aware 12 present at the plant site? Where would 13 of any. 13 they be? 14 Q. Okay. In the third sentence in that 14 A. Idle sites could be idle manufacturing 15 same paragraph it says a requirement for 15 sites. 16 removal and disposal of contaminated 16 Q. What idle manufacturing sites did y'all 17 soil or to deal with significant changes 17 have in 1987? 18 in current regulations on idle sites 18 A. There were a fair amount of sites that 19 would require major undefined 19 had been idled across the whole Anniston 20 expenditures. And it goes on to say 20 plant. 1 couldn't tell you exactly. 21 should such a major need develop the 21 But there had been several products 22 corporation would need to address proper 22 manufactured at the location prior to 23 allocation of costs. 23 1987 that were no longer being Pages 198 - 201 HARTOLDMONO014052 Page 202 Page 204 1 manufactured in 1987, and that might be 1 than leaving it in place, wouldn't it? 2 considered what an idle site would be as 2 A. It is likely to do that, yes. 1 don't 3 well. 3 know for sure, but it would seem 4 Q. What were they that had been 4 reasonable to expect it to cost more. 5 discontinued? 5 Q. Well, in fact it could cost considerably 6 A. Well, 1 don't -- I'm trying to remember. 6 more, couldn't it, Mr. Cheever, based on 7 Obviously PCB manufacturing was one. 7 your knowledge of what those kinds of 8 Q. Wasn't that all in the landfill? 8 things could entail by way of expense? 9 A. Excuse me? 9 A. Yes, sir. 10 Q. Was that not all in the landfill? 10 Q. But you have indicated earlier that with 11 A. 1 don't know the answer to that 11 these kinds of products, parathion, and 12 question. P2S5 1 believe had been shut 12 even the parathion manufacturing process 13 down and was an idle facility at that 13 or contaminated residue of one of these 14 point in time. Phosphorus 14 toxic wastes that contaminated soil, the 15 pentasulphide, I'm sorry. 15 better thing to do is to take it to a 16 Q. Does at mention that in here? 16 regulated landfill, isn't it? 17 A. Not that 1 know of. You are talking 17 A. I'm not sure if that is the better way 18 about my understanding of idle sites. 18 to do it. 19 Okay. 1 don't know. You know, 1 don't 19 Q. Is it best to leave it in place? You 20 recall all of the products that had once 20 have previously told us that was the 21 been manufactured at Anniston, at this 21 worst solution for these kinds of 22 point in my career. But -- 22 wastes. 23 Q. Well, it says ongoing monitoring. Just 23 A. 1 don't remember saying that. Page 203 Page 205 1 read that third paragraph. Ongoing 1 Q. Well, landfilling it on site 1 believe 2 monitoring and remedial action 2 you indicated earlier was not -- was at 3 associated with the old parathion plant 3 the lower end of the totum pole when you 4 and the landfill are estimated at 4 talk about residue -- chemical waste 5 300,000 to 400,000 per year. 5 residue that is toxic. 6 A. That's exactly what it says. 6 A. I'm not sure parathion would be 7 Q. Are they not talking about -- in this 7 considered toxic. 8 letter Mr. Pierle is talking about idle 8 Q. You don't think parathion was a 9 sites being the old parathion plant and 9 regulated item and wouldn't be 10 the landfill? 10 considered toxic? 11 A. 1 don't know. It could have been. I'm 11 A. 1 don't recall the listing requirements 12 not sure what he means by that. 1 was 12 for parathion. Parathion waste -- 13 trying to clarify what 1 would 13 Parathion was a product that was spread 14 understand idle sides to be. But 1 14 across the land to control -- pesticides 15 don't know what his understanding of 15 in cotton fields among other things. 16 idle sites is. 16 And sometimes moving it from site to 17 Q. Wouldn't it be fair to say, Mr. Cheever, 17 site is worse than leaving it in place 18 that if one went about to clean up the 18 if it is properly contained in a 19 idle sites -- 19 location that is already there. 20 A. Uh-huh (indicating yes). 20 Q. But that would assume it was properly 21 Q. -- remove the parathion apparatus and 21 contained? 22 dig up contaminated soil and take it to 22 A. Yes, sir. 23 Emelle, that would cost a lot more money 23 Q. And when you talk about spread over the Pages 202 - 205 HARTOLDMONO014053 Page 206 Page 208 1 countryside, you are talking about in a 1 one of these cells or located in the 2 rather diluted form, aren't you, 2 southern landfill, wouldn't that be a 3 Mr. Cheever? It is not as it comes out 3 violation of y'all's permit and the 4 of the plant site there. It is pretty 4 regulations that govern those landfills, 5 -- Y'all make parathion in the pure 5 Mr. Cheever? 6 form, and then it is diluted down for 6 A. I'm sorry. 1 lost that question. 7 the product that is actually put on the 7 Q. If it was in pure form, fairly high 8 crops, isn't it? 8 concentrated form and buried outside 9 A. And any residues that are left in the 9 these landfills, those cells that are 10 ground as 1 recall were pretty much very 10 located south of 202 and you knew about 11 little concentrations. 11 it and didn't do anything about it, that 12 Q. How do you know that? 12 would be a violation of your permit, 13 A. From monitoring ground waters and soils 13 wouldn't it, Mr. Cheever? 14 around the landfills and other regulated 14 A. The permit was for the active cells. If 15 areas associated with the activities 15 the stuff was outside the cells, I'm not 16 that were ongoing at the time 1 was 16 sure it was a violation of the permit, 17 there. 17 but it very well could have been. 18 Q. What would happen if one were to come in 18 (Plaintiffs' Exhibit Number 19 contact with some fairly pure form of 19 Thirteen was marked for 20 parathion? What would happen to a human 20 identification.) 21 being, Mr. Cheever? 21 Q. Let me show you Plaintiffs' Exhibit 22 A. Parathion? 22 Thirteen. Put this one around it if you 23 Q. Yes. 23 would. That is a better paper clip. Page 207 Page 209 1 A. It is a poison. 1 Take a look at that. Are you familiar 2 Q. Were it to get on your skin, your arm, 2 with this document that is dated 3 what would happen to that particular 3 February 26, 1987? And it deals with 4 person? What effect would happen to 4 the environmental status of the Anniston 5 them if it was in a fairly concentrated 5 plant. 6 form, Mr. Cheever? 6 A. 1 am now, yes. 7 A. 1 don't recall all of the -- all of the 7 Q. Did you see it at the time you worked at 8 things that could go wrong. 1 know one 8 the Anniston plant? 9 of the things a person could suffer 9 A. 1 might have. 1 can't recall. 10 would be death. 10 Q. Do you know who Mr. Hal Corbett is? 11 Q. Wouldn't it shut their breathing down? 11 A. Yes, 1 know who he is. 12 A. 1 don't remember what the -- I'd have to 12 Q. What was his position with the company 13 refresh my memory by looking at a 13 at that time? 14 material safety data sheet on it 1 guess 14 A. 1 don't recall exactly. 1 believe he 15 to be able to determine exactly what all 15 was the -- he kind of had the overall -- 16 the target organs and the routes and 16 He may have been a vice president. I'm 17 causes of overexposure or causes of 17 searching for a title. He may have been 18 exposure would be. But 1 remember one 18 vice president of the environmental for 19 of them, being a class B poison, 19 Monsanto Corporation. I'm not sure 20 parathion can, if not handled correctly 20 exactly what his title was. 21 and on a person, can cause death. 21 Q. Is he still with the company? 22 Q. Okay. And if it was in pure form and 22 A. No, sir. He is retired. 23 buried in such a way that it was outside 23 Q. Does he live here in St. Louis? Pages 206 - 209 HARTOLDMONO014054 Page 210 Page 212 1 A. 1 don't know the answer to that 1 of the environmental managers of the 2 question. 2 chemical company. The chemical company 3 Q. What about R. L. Fields? 3 had two or three or four environmental 4 A. Mr. Fields was the director of 4 managers at that time. Fie was one of 5 manufacturing for Monsanto Agricultural 5 them. 6 Company. 6 Q. Now, based on my reading of this thing 7 Q. R. L. Flarness? 7 -- And you correct me if I'm wrong. But 8 A. Mr. Flarness was the environmental -- 8 this report had to do with the status of 9 vice president of environmental affairs 9 the environmental programs and the 10 for Monsanto Agricultural Company. 10 issues that might crop up at Anniston 11 Q. Is he still with the company? 11 because there was going to be a transfer 12 A. 1 don't know the answer to that 12 of the management responsibility of the 13 question, sir. Fie very well may be with 13 plant from the agricultural company to 14 Monsanto. I'm not sure. 14 the chemical company; is that not 15 Q. What about V. T. -- Is it Martocci? 15 correct? 16 A. Mattaucci, he was the director of 16 A. That is correct. 17 manufacturing for Monsanto Chemical 17 Q. And they looked at the consolidation, 18 Company, whatever the division was that 18 which our previous documents had 19 ultimately assumed management 19 referred to, of the - apparently in the 20 responsibility for the Anniston site. 20 second paragraph they talk about the 21 Q. And is he still with the company? 21 demise of the parathion manufacturing at 22 A. No, sir. Fie is retired. 22 the plant. So they apparently were 23 Q. Does he live here in St. Louis? 23 going to do some consolidating at the Page 211 Page 213 1 A. 1 believe he does, but I'm not sure. 1 plant as a result of that. 2 Q. Who is D. D. Mickelson? 2 A. They were shutting the parathion 3 A. Dan Mickelson was the director of 3 manufacturing process down, yes, sir. 4 manufacturing for Monsanto Agricultural 4 Q. Now, in the last paragraph they talk 5 Company. 5 about there were a number of future 6 Q. Who is Mr. R. G. Potter and Mr. N. L. 6 potential environmental issues that they 7 Reding? 7 identified in this study apparently that 8 A. Mr. Potter, like 1 mentioned before, is 8 they did of the Anniston plant in '87. 9 now the chairman and chief executive 9 Is that not correct? 10 officer of Solutia, Incorporated. At 10 A. That's what it says, yes, sir. 11 the time of this he was the president, 1 11 Q. Now, if you will look on page two -- 12 guess, of Monsanto Chemical Company. 12 really apparently the third page over -- 13 Q. What about Mr. N. L. Reding? 13 MR. COX: What's the Bate's 14 A. Nick Reding was the president or 14 number? 15 whatever he was of Monsanto Agricultural 15 Q. --fourth page over, Bate's number 16 Company. 16 119462, has page two at the top, has 17 Q. Mr. Redington, what was his position 17 RCRA remedial action. 18 with the company? 18 A. Yes, sir. 19 A. Fie was the environmental manager for ag, 19 Q. Under that it says old landfill cells. 20 Monsanto Agricultural Company. 20 Do you know or have any idea as the 21 Q. And was Mr. Pierle his counterpart in 21 person who was in charge of 22 the chemical company? 22 environmental control at the plant at 23 A. Yes, sir. Fie was one of -- Fie was one 23 that time what that meant? Pages 210-213 HARTOLDMONO014055 Page 214 Page 216 1 A. That was the leachate collection and 1 find out for sure whether it did or not. 2 monitoring around the cells that are 2 Q. Had some test that had before performed 3 referred to as the western cells of the 3 by some regulatory agency, Mr. Cheever, 4 landfill itself on 202. 4 caused y'all to be concerned about the 5 Q. That is what, now? 5 fact that the water system in Anniston 6 MR. COX: Repeat your answer. He 6 might be affected by PCBs? 7 didn't understand you. 7 A. No, sir. 8 A. It is the leachate collection and ground 8 Q. Do you know sitting here today as a 9 monitoring associated with the western 9 former employee of Monsanto and the 10 landfill cells of the southern -- of the 10 person who might have been as familiar 1 11 landfill that is south of Highway 202. 11 guess as anybody with the plant site -- 12 Q. Have to do with putting some monitoring 12 do you know of any indication that 13 wells down? 13 Monsanto has had that PCBs perhaps 14 A. Those that were shown on the exhibit 14 contaminated the water supply in 15 that you showed me earlier this morning, 15 Anniston? 16 yes, sir. 16 A. No, sir. 1 have no indication of that 17 Q. They were added after this report -- 17 at all. 18 A. No. They were part of -- This was the 18 Q. Do you know of any test results by 19 cost of an going operation and 19 either Monsanto or a contractor with 20 monitoring of that system. It is the 20 Monsanto or with any of the regulatory 21 annual cost of keeping the system up and 21 agencies that have indicated that, 22 going and doing the analytical 22 Mr. Cheever? 23 determinations of ground water samples 23 A. No, sir. I'm not aware of anything. Page 215 Page 217 1 collected in that area. 1 Q. What did the wells produce as far as any 2 Q. It also refers in paragraph four to 2 results that would have indicated to you 3 adding monitoring wells? 3 that that wasn't happening? 4 A. Uh-huh (indicating yes). 4 A. 1 don't recall what the -- My 5 Q. It says three RCRA deep, do you 5 recollection was that there was no 6 understand that what means? 6 indication of any contamination of the 7 A. Yes, sir. We put some wells in the 7 wells, but 1 don't recall exactly what 8 plant site that were down into the eight 8 the data showed. 9 hundred to nine hundred foot level, down 9 Q. All right. Let's go to -- 10 to that water course that you were 10 A. At this point in time -- I'd like to add 11 talking about earlier that might 11 -- That's okay. 12 potentially feed Coldwater Spring. 12 MR. COX: Go ahead. 13 Q. Why did you do that? 13 Q. Go ahead. 14 A. To confirm that the site -- the Anniston 14 A. The plant was going through a 15 site was not having any impact on that 15 determination to either sell it or shut 16 water body. 16 it down. And it was looking more and 17 Q. What prompted you to become concerned 17 more and more like they were going to 18 that it was going to have some or might 18 shut the plant down and close it and 19 be having some effect on the water body? 19 level it to the ground. And one of the 20 A. It was a manufacturing site that had 20 concerns was, you know, is there a 21 been there since the early 1900s, and it 21 potential for having any impact. That 22 was an unknown. We were concerned it 22 is what these three wells were put in 23 might have some impact, and we wanted to 23 for. Pages 214-217 HARTOLDMONO014056 Page 218 Page 220 1 Q. Okay. Are those wells still there? 1 manufacturing of PCBs? 2 A. To the best of my knowledge, but 1 don't 2 A. It was a way to appropriate the funds to 3 know for sure. They were there when 1 3 execute that work plan that we reviewed 4 left, but that was eight and a half 4 earlier without penalizing the plant 5 years ago. 5 financially. 6 Q. Were they monitored on a regular basis? 6 Q. Just an accounting procedure? 7 A. They were monitored on some routine 7 A. Yes, sir. 8 basis, but 1 don't recall what it was. 8 Q. Excess WTP operation to facilitate 9 Q. There is PCB removal mentioned for Snow 9 shutdown, what is that? 10 Creek. 10 A. Monsanto has a waste water treatment 11 A. Yes. 11 plant on site that were -- six 12 Q. What does ERAP mean? 12 one-million gallon activated sludge 13 A. It is an environmental remedial action 13 waste treatment basins that were built 14 project. 14 that were operating -- excuse me -- that 15 Q. Is that the project that you previously 15 were operating to run the facility when 16 referred to in the document that was 16 parathion and all was there. And with 17 prepared by Mr. Brown? 17 parathion going away, we didn't need six 18 A. ERAP is a financial tool for 18 basins. We could get by with two. So 19 appropriating funds to conduct work that 19 there was an excess. We had to shut 20 is not associated with active 20 down and dismantle the excess capacity. 21 manufacturing facilities. And Monsanto 21 There was no need to keep it above 22 -- if there was a remedial -- an 22 grade. 23 environmental correction, environmental 23 Q. What was the cost associated with that? Page 219 Page 221 1 remedial action undertaken associated 1 A. Just the physical cost of dismantling 2 with an ongoing active product, the 2 and removal. 3 funds came out of that particular 3 Q. Which would have been what, a million 4 product. If there was a concern that 4 three seventy? 5 the activities, environmental 5 A. That's correct. 6 remediation activities, might have been 6 Q. Now, it says expected -- On the next 7 as a result of manufacturing processes 7 page, Bate stamped 119463, it says -- 8 historic that had been shut down, as 8 A. Uh-huh (indicating yes). 9 opposed to penalizing the operating 9 Q. Talks about landfill post-closure 10 group at the time, you filed what was -- 10 monitoring. 11 was affectionately known as an ERAP. 11 A. Right. 12 And it appropriated funds out of a 12 Q. Is that the landfills that we are 13 corporate-wide budget that didn't 13 talking about that are active -- 14 penalize any particular operating 14 A. Yes, sir. 15 department or operating group. 15 Q. -- or landfills that they were talking 16 Q. This may be a dumb question, 16 about that are inactive? 17 Mr. Cheever, and if it is, 1 apologize. 17 A. That is post-closure care of the active 18 But doesn't this indicate that PCB 18 landfill cells. Post-closure care is a 19 removal of Snow Creek was assumed as a 19 requirement under the permit that was 20 responsibility of Monsanto Chemical 20 issued by -- and permit application 21 Company as a whole -- 21 process under RCRA. And that was the 22 A. No. 22 cost associated with the care of the 23 Q. -- as a result of the historical 23 closed landfill. Actually it would have Pages 218 - 221 HARTOLDMONO014057 Page 222 Page 224 1 been both, but it was primarily around 1 Q. Well, after -- Had the wells to your 2 the existing active cells. But it is 2 knowledge been dug as of February 26, 3 pretty hard to differentiate closure 3 1987, and the monitoring gone on for 4 care of one from the other. 4 some period of time? 5 Q. Now, in this Bate stamped DSW 9464, the 5 A. No, sir, 1 don't believe it had. They 6 next page, is entitled Anniston -- of 6 may have. 1 don't recall exactly. 7 this exhibit, is Anniston environmental 7 Q. Who did that for you? 8 future potential problems. And this of 8 A. Who put the wells in? 9 course was dated -- put out in March of 9 Q. Uh-huh (indicating yes). 10 1987. It says chlorinated hydrocarbons 10 A. 1 don't recall. 11 in ground water. Isn't that a 11 Q. It talks about potential -- in paragraph 12 conclusion they have come to as a 12 four it talks about potential future 13 potential problem in the future? 13 mobilization of soil contaminants. At 14 A. I'm not sure who put this together or 14 the top of the list it mentions PCBs. 15 what their thinking was when they did 15 A. Uh-huh (indicating yes). 16 it, so I'm not sure what --1 guess we 16 Q. Now, again, Mr. Cheever, this document 17 could all draw different conclusions 17 was put together by D. B. Redington and 18 from the statement. 18 Mr. Pierle, who were environmental 19 Q. What conclusion do you draw from that, 19 people at the corporate level; is that 20 Mr. Cheever? 20 not correct? 21 A. My conclusion is the fact that whoever 21 A. That's correct. At the time they were, 22 put this together was looking at what 22 yes, sir. 23 our potential problems might be, and 23 Q. Based on your responses to my questions, Page 223 Page 225 1 that was -- in the brainstorming list, 1 you appear to be fairly knowledgeable 2 that came up. 2 about both the document itself and the 3 Q. What are chlorinated hydrocarbons in 3 reason for the document and some things 4 ground water? What are chlorinated 4 that were done after the document was 5 hydrocarbons? 5 put together. Are you telling me today 6 A. PCE, TCE, pentachlorethylene, 6 and telling the ladies and gentlemen of 7 tetrachlorehtylene. 7 the jury that you didn't know in 1987, 8 Q. Is PCB a chlorinated hydrocarbon? 8 when these wells were being drilled and 9 A. I'm not sure if it is classified as a 9 all these things were happening there at 10 chlorinated hydrocarbon by the person 10 the plant site in Anniston that there 11 who put this together or not. 11 was a potential for the migration of the 12 Q. There is some potential for chlorinated 12 PCBs off site? 13 hydrocarbons in ground water. We are 13 A. This --1 don't know who generated this 14 not talking about surface water there, 14 list, but that is their brainstormed 15 are we, Mr. Cheever? 15 idea or list of future problems. 1 16 A. No, we are not. 16 don't know where that came from. These 17 Q. Then it says deep ground water. What dc 17 other areas 1 was familiar with because 18 you understand that means? 18 they were part of what 1 was responsible 19 A. We talked about that earlier. 1 would 19 for. 20 guess that that's, you knows, the 20 Q. Well, didn't you see that? 21 recharged -- the area that you suggested 21 A. I'm sorry? 22 may be coming from the Jacksonville 22 Q. Didn't you see that? 23 fault that feeds the Coldwater Spring. 23 A. When 1 was reading -- when you handed Pages 222 - 225 HARTOLDMONO014058 Page 226 Page 228 1 this to me and 1 was reading it, yes, 1 DSW 119461, if you would, Mr. - 2 sir. 2 A. Sure. 3 Q. Are you telling me you did not see it in 3 Q. And it says dismantlement 12-87 four PCB 4 '87? 4 transformers. 5 A. 1 don't recall seeing that in '87. 1 5 A. Uh-huh (indicating yes). 6 might have, but 1 don't recall. 6 Q. What are you talking about here, four 7 Q. Weren't you involved fairly actively in 7 PCB transformers, are you not? 8 some of the responses to the needs that 8 A. Right. 9 these gentlemen raised about the 9 Q. So in fact - 10 activities of the plant from '87 on? 10 A. 1 provided the data 1 guess to somebody 11 A. Associated with the activity, yeah, the 11 -- whoever puts this slide together for 12 current -- the operating activities at 12 this presentation. 13 the site, yes, sir. But 1 wasn't 13 Q. Well, the memo says, does it not, 14 involved in putting this letter 14 Mr. Cheever, that basically you were 15 together. 15 responding to what they had asked you to 16 Q. You were involved, were you not, 16 do in this dismantlement on that 17 Mr. Cheever, in the well project, were 17 Thirteen, on Plaintiffs' Exhibit 18 you not? 18 Thirteen, which is the Anniston 19 A. Yes, sir, 1 was. 19 environmental review? This is a 20 Q. You were involved in the dismantling of 20 specific response -- This is the one 21 the parathion facility, were you not? 21 memo we had that is a specific response 22 A. No, sir. Well, only from the aspect of 22 to what you did -- 23 helping dispose of residual materials. 23 A. Yeah. Page 227 Page 229 1 But other than that 1 wasn't involved in 1 Q. -- in connection with that? 2 the dismantlement of it. 2 A. 1 was -- Whoever -- Mr. Pierle or 3 Q. And you responded, did you not, to these 3 Mr. Redington are the two who put this 4 people, to one of their efforts or one 4 environmental review together for 5 of their requests, did you not? 5 Mr. Potter and Mr. Redington. And here 6 (Plaintiffs' Exhibit Number 6 is the list of things that are being 7 Fourteen was marked for 7 done and hope to be done by December ol 8 identification.) 8 1987, and here is a list of ongoing 9 A. 1 may have. 9 kinds of things. And this was the -- 10 Q. Let me show you and ask you about 10 this was the plan to become -- to 11 Plaintiffs' Exhibit Fourteen. 11 adequately remove and properly dispose 12 A. Uh-huh (indicating yes). 12 of four PCB contaminated electrical 13 Q. It is a letter dated May 14th, 1987. 13 transformers that were in service at the 14 This is memo from you, is it not, to -- 14 time the plant was looking at shutting 15 in response to this document that we've 15 down. 16 just been looking at? 16 Q. Because you wanted to make sure that 17 A. 1 don't recall that they are connected 17 those PCB contaminated transformers 18 in any way, shape. 18 didn't harm somebody in the future, 19 Q. Let's take a look. 19 didn't you? 20 A. Maybe it is. 1 don't know. 20 A. We were disposing of them in accordance 21 Q. Let's take a look. 21 with the regulations that were in 22 A. Uh-huh (indicating yes). 22 existence in 1987. 23 Q. Take a look at Thirteen and look back on 23 Q. Which were established so that human Pages 226 - 229 HARTOLDMONO014059 Page 230 Page 232 1 beings wouldn't be affected adversely if 1 recall it. 2 this things were to explode or this 2 Q. Sir? 3 thing were to burn up; is that correct, 3 A. I'm not exactly certain, but 1 think 1 4 Mr. Cheever? 4 can recall what it is, what it -- 5 MR. COX: Object to the form. 5 Q. Well, that has to do with discharge of 6 Q. Isn't that why you were doing it? Isn't 6 parathion from a drain pipe; is that not 7 that why the regulations were in place? 7 correct? 8 A. 1 don't know why the regulations were -- 8 A. That is correct. 9 1 can't --1 don't know why the 9 Q. An underground pipe? 10 regulations were formed. But what 1 was 10 A. No. It says under drain pipe. 11 doing here was disposing of some 11 Q. Do you know where this occurred? Was 12 electrical equipment in accordance with 12 that on the plant site? 13 the rules and regulations that were in 13 A. Yes, sir. 1 believe it was the -- As 1 14 effect in 1987. 14 mentioned, we have -- actually there are 15 Q. Who put them in effect, Mr. Cheever? 15 eight one-million gallon waste water 16 A. I'm sorry? 16 treatment basins on the site, all of 17 Q. Who put them in effect? 17 them built above grade. Six were in 18 A. They were passed by the Environmental - 18 use, and two were inactive. Two were 19 United States Environmental Protection 19 kind of like idle -- spare idle basins. 20 Agency as part of the Toxic Substance 20 And each one of those basins had some 21 Control Act, whenever that was passed. 21 drain pipe underneath them to -- because 22 Q. And that was the purpose of protecting 22 they were in fact built on grade. And 1 23 the environment and subsequently people 23 believe that's what this was. Although, Page 231 Page 233 1 who might have to come in contact with 1 here again, it is eleven years ago, and 2 this? 2 so my memory is a little fuzzy. But 1 3 A. 1 would guess. I'm not sure why -- what 3 believe that is what was occurring at 4 was the thought process behind TOSCA -- 4 the time. 5 MR. COX: Don't speculate on what 5 Q. Okay. And this concentration of 6 EPA was thinking. 6 parathion appeared in a ditch that was 7 A. -- with our federal legislature. 7 north of the plant -- on the northern 8 Q. Now, Mr. Cheever, at some point in time 8 edge of the plant site? 9 y'all had a problem with one of these 9 A. 1 believe so. 10 things that was mentioned that you later 10 Q. Near the railroad track? 11 reported to the government, did you not, 11 A. Yes, sir. 12 mentioned in Plaintiffs' Exhibit 12 Q. Aren't there people who live just across 13 Thirteen, this environmental review, and 13 those railroad tracks from the plant? 14 you reported it to Mr. John Poole or 14 A. Not that 1 recall. 15 Bill Lott? Bill Lott, do you remember 15 Q. Nobody lives over there? 16 reporting -- 16 A. Not that 1 recall. 17 A. No, sir, 1 don't remember reporting it. 17 Q. Okay. 18 But 1 likely did, 1 guess. 18 A. There may have been, but as 1 recall, it 19 (Plaintiffs' Exhibit Number 19 was just an open space that belonged to 20 Fifteen was marked for 20 the company. 21 identification.) 21 Q. Let me ask you, Mr. Cheever. Did y'all 22 A. 1 think 1 do. 1 don't know exactly what 22 talk -- Monsanto, you, these gentlemen 23 the incident was, but 1 think 1 can 23 who put this environmental status Pages 230 - 233 HARTOLDMONO014060 Page 234 Page 236 1 together, ever talk to anybody in an 1 A. 1 don't recall specifically. I'm pretty 2 official capacity with the state about 2 sure. 1 think that we -- We, Monsanto, 3 y'all's concerns about potential 3 had conversations with the city 4 problems in the future for the movement 4 officials regarding the future of the 5 of PCBs off the site -- 5 site and the fact that it might shut 6 A. 1 don't recall whether -- 6 down because we were contributing to the 7 Q. -- in 1987? Did you talk to ADEM about 7 city through waste treatment funds and 8 it and say, "Hey, fellows, look, we 8 purchase of water and other kinds of 9 think we may have a problem here in the 9 activities. 10 future"? 10 Q. Tell me about that. 11 A. 1 didn't. 1 don't know if anybody else 11 A. Well, we were just a corporate citizen 12 did. They could have, but 1 don't know 12 like all corporate citizens in the City 13 of it. 13 of Anniston. We bought water from the 14 Q. Do you know of any official reports that 14 city and paid the waste water treatment 15 were sent to them, or was this just an 15 charges to the city, and pretty healthy 16 internal thing that y'all put together 16 sums of both. And if it goes away, it 17 in anticipation of perhaps closing the 17 is a shock to the City of Anniston. 18 plant? 18 Anniston had already been through losing 19 A. There may have been -- there may have 19 many foundries over the last twenty 20 been some official communication. I'm 20 years prior to that. 21 not sure. I'm not aware of any. There 21 Q. Well, as a part of telling them that you 22 may have been. 22 might close down, did you also tell them 23 Q. Weren't you the individual at the 23 that you may have created some problems Page 235 Page 237 1 Anniston plant that was most closely 1 for you environmentally by burying some 2 associated with the people in solid 2 stuff over here in the southern landfill 3 waste management and air and water 3 that might leach out at some point in 4 problems at ADEM? 4 time? Did you ever tell them that? 5 A. Regarding day-to-day activities, yes, 5 A. 1 never did. 1 don't know if it was 6 sir. But 1 was not involved in shutdown 6 told to them or not. It might have 7 planning and potential future kinds of 7 been. But 1 wasn't party to it. 8 activities associated with a shutdown 8 Q. Weren't y'all concerned about it 9 site or the site as a whole. 9 yourself? 10 Q. Well, wouldn't you have been involved at 10 A. We were concerned about the potential 11 least from the environmental aspects of 11 future. That is why we built some 12 that? 12 reserves to handle it, yes, sir. 13 A. Only to provide data if they requested 13 Q. Okay. But to your knowledge you didn't 14 so. 14 let those people know? 15 Q. Did y'all talk to anybody at the city 15 A. Not to my knowledge, but we could have. 16 about this problem? 16 Q. What about your neighbors, people who 17 A. We may have. I'm not sure. 1 don't 17 lived around those churches that were 18 recall. 18 east of the plant? Did you tell them? 19 Q. Do you remember ever talking to people 19 A. We could have. 1 wasn't a party to it 20 at the sewage plant or the water 20 if we did it. 21 treatment plant or anything like that 21 Q. Did you have a community meeting and 22 about any of the concerns that were 22 say, "We may close this facility down, 23 expressed in this report at that time? 23 and here is what we think could happen Pages 234 - 237 HARTOLDMONO014061 Page 238 Page 240 1 in the future. Your ground water might 1 is -- It might be just coincidental. 2 be contaminated by parathion or PCBs. 2 But it refers to -- Actually it is a 3 Your soil might be contaminated in the 3 geologist with the ground water section 4 future"? You didn't do that, did you, 4 apparently of ADEM. But it refers to a 5 Mr. Cheever, with the people who lived 5 concern that this particular geologist 6 and were your neighbors, some of whom 6 has about the recharge area of Coldwater 7 had relatives who worked at the plant? 7 Spring. 8 You didn't tell them that, did you, 8 A. Uh-huh (indicating yes). 9 Mr. Cheever? 9 Q. The paragraph, the last paragraph on the 10 A. Not to my recollection, no, sir. 10 first page of this document says, "As 11 Q. Tell me, Mr. Cheever, if that would have 11 you know, the Monsanto SWMUs are not 12 not been your responsibility as you 12 included in ADEM's hazardous waste 13 understood it under this policy that was 13 permit." What are they referring to 14 enunciated, which you said was an 14 there, Mr. Cheever? 15 informal policy that had previously been 15 A. Solid waste management units, SWMUs, are 16 carried on by Mr. -- or previously 16 inactive disposal areas that are 17 carried on by y'all as a company but was 17 regulated under the Hazardous and Solid 18 formally enunciated by Mr. Mahoney? 18 Waste Act amendments of 1984. And at 19 Wasn't that something that you should 19 the time that this was done, apparently, 20 have done? 20 the Alabama Department of Environmental 21 A. Possibly. 21 Management did not have the authority 22 Q. But it wasn't done, was it? 22 from EPA to regulate solid waste 23 A. Not to my knowledge. 23 management units, only active management Page 239 Page 241 1 Q. Now, let me show you Plaintiffs' Exhibit 1 units with their hazardous waste permit. 2 Sixteen and ask you if you could to tell 2 1 guess that is how 1 would read that. 3 me if you are familiar with that. 3 Q. So you are saying -- When you said 4 (Plaintiffs' Exhibit Number 4 earlier that they came by the plant 5 Sixteen was marked for 5 site, the people from ADEM, and 6 identification.) 6 monitored the plant site, all they would 7 Q. Mr. Cheever, 1 show you what has been 7 be looking for in the early part of the 8 marked been as Plaintiffs' Exhibit 8 time you were there is the active cells? 9 Sixteen. Are you familiar with this 9 A. That was my recollection, yes, sir. 10 document dated October the 19th of 1997. 10 Q. The closed cells were not being 11 It is from a geologist to Mr. Bernard 11 monitored at that time? 12 Cox. 12 A. The closed cells were under the auspices 13 A. 1 don't recall seeing it before, but 1 13 of the EPA and not under ADEM, 14 very well may have. 14 apparently from this. 1 had forgotten 15 Q. What does it have to do -- Is this the 15 that. 16 geologist's report that is related to 16 Q. Was EPA monitoring those closed cells? 17 the deep water wells you were talking 17 A. 1 don't recall EPA coming by. They may 18 about that were done, or is it just the 18 have, but 1 don't recall for sure. 19 monitoring wells? 19 Q. Were the PCBs buried in closed cells? 20 A. 1 have know idea. You would have to 20 A. If PCBs were buried, it would have to 21 talk to Mr. Mason, 1 guess, to find out 21 have been in closed cells because we 22 what he was doing. 22 didn't do anything while 1 was there 23 Q. Well, the reason 1 asked you about this 23 between '83 and '89. Pages 238 - 241 HARTOLDMONO014062 1 Q. 2 3 4 5 Q. 6 7 A. 8 Q. 9 10 11 12 13 A. 14 Q. 15 16 17 18 A. 19 Q. 20 21 22 A. 23 Q. Page 242 So it would be fair to say they just fell through the crack then, wouldn't it? MR. COX: Object to the form. Would it? You can go ahead and answer it. I'm not sure 1 know how to answer that. Was anybody monitoring from a regulatory agency, the EPA -- if EPA wasn't coming by and they weren't under your permit, then nobody was monitoring them during that period of time, were they, Mr. -They could have been. 1 don't recall. Now, this gentleman indicates there is some concern because the areas are in the recharge area for Coldwater Spring? Is that not correct? That is what he says, yes, sir. And that is the spring that provides the water supply for the Anniston area, doesn't it? 1 believe that's correct, yes, sir. And he wants ADEM in this particular 1 Q. 2 3 4 A. 5 6 7 8 9 Q. 10 A. 11 Q. 12 13 14 15 16 17 18 A. 19 Q. 20 21 22 23 A. Page 244 Do you remember settling his concerns about the potential contamination of the Coldwater Spring? 1 don't recall being aware of a potential problem that he had or concern he had with a potential problem with Coldwater Spring until this -- until seeing this. Until you saw this? Uh-huh (indicating yes). So you don't remember either Mr. Mason or Mr. Cox ever saying anything to you about the plant, "We are sort of concerned about the fact that there might be a problem with those closed impoundments or solid waste managemen units"? I'm sorry. Again? You don't remember ever talking to Mr. Mason about his concern about the solid waste -- closed solid waste managements units -1 don't recall it. Page 243 Page 245 1 document, Plaintiffs' Exhibit Sixteen, 1 Q. -- perhaps affecting the Coldwater 2 to press for further evaluation using 2 Spring, the discharge area? 3 the Alabama Water Pollution Control Act 3 A. 1 don't remember it. 4 to require additional ground water 4 Q. Look on page twenty. There is a 5 assessment activities or possibly modify 5 recommendation. ADEM recommends that 6 the state hazardous waste permit. Did 6 Monsanto initiate the following tasks. 7 either one of those things take place to 7 There are four tasks that are set out 8 your knowledge, Mr. Cheever? 8 there. Initiate assessment of the 9 A. 1 don't recall either one of those 9 closed impoundment solid waste 10 happening. It could have, but 1 don't 10 management units as soon as possible. 11 recall it. 11 It is on page twenty. 12 Q. Did you deal with Mr. Cox, who was the 12 A. Yes, sir. 13 chief of the hazardous waste branch, 13 Q. Was that done? 14 about this at any point in time while 14 A. Could have been. 1 don't recall whether 15 you were there? 15 it was or not. 16 A. 1 don't recall ever doing anything with 16 Q. Did you participate in doing it? 17 this. 1 had contact with Mr. Cox from 17 A. 1 don't remember doing so. 1 may have. 18 time to time, but 1 don't recall this. 18 Q. Well, wouldn't you be the one who would 19 Q. Do you remember ever talking with 19 be in charge of it at the Anniston plant 20 Mr. Fred Mason, who was a geologist? 20 at this time in '87? 21 A. Mr. Mason came, was oftentimes one of 21 A. We did -- Yeah. 1 was there in '87. 22 the individuals who came on site to do 22 And we may have done something. 1 don't 23 the RCRA inspections. 23 recall. Pages 242 - 245 HARTOLDMONO014063 Page 246 Page 248 1 Q. And then it says initiate additional 1 ground water and collect it. And then 2 studies of the effectiveness of the 2 it was pumped to the Anniston plant, 3 interceptor well system. Did you do 3 waste water treatment facility for 4 anything about that? 4 biological treatment. 5 A. We may have. 1 don't recall 5 Q. So y'all got everything out of the 6 specifically. 6 ground water then? That was y'all's 7 Q. Evaluate -- Evaluate the depressed 7 position at that time? 8 ground water gradient areas for 8 A. That was the reasoning or the -- the 9 verification of water levels and 9 reason for the interceptor wells was to 10 significance of these features. Did you 10 intercept any potentially contaminated 11 do anything about that? 11 ground water, bring it up to the 12 A. We were taking ground water elevations 12 surface, pump it to waste treatment, and 13 on a routine basis all the time. So to 13 treat it so that it would not provide -- 14 specifically address this 14 Q. Wouldn't reach the public and create a 15 recommendation, 1 don't recall that 15 problem? 16 being a driver. 16 A. Yeah. 17 Q. Conduct a geological and hydrogeologica 17 Q. Were y'all testing those wells at that 18 evaluation of three deep wells required 18 time in 1987 for PCBs contamination? 19 by EPA's permits, was any of that done? 19 A. No, sir, not that 1 recall. 20 A. 1 don't know the answer. That could be. 20 Q. Wouldn't it have been important for 21 1 don't recall. 21 y'all to do that if you were going to -- 22 Q. Now, above there it has conclusions, and 22 A. PCB - 23 the evaluations that were made -- It 23 Q. -- locate any? Page 247 Page 249 1 appears there was some contamination in 1 A. PCBs are not soluble in water, so we 2 some instances of either the interceptor 2 probably wouldn't have found it if we 3 wells -- Were you familiar with that? 3 even sampled for it -- analyzed for it. 4 A. Interceptor wells were there to 4 I'm sorry. 5 intercept contaminant -- potentially 5 Q. They are not what, now? 6 contaminated ground water. That was 6 A. Not soluble in water. They are not 7 their purpose. 7 readily soluble in water, 1 guess. 8 Q. Are you familiar with what contaminants 8 Q. Okay. Let me go next to a series of 9 were found in those things, Mr. -- 9 things in Seventeen. We are back to the 10 A. Parathion, para-nitrophenol primarily. 10 1983 incident. 11 Q. And those were the things that you were 11 (Plaintiffs' Exhibit Number 12 talking about previously that -- one of 12 Seventeen was marked for 13 those, the parathion could cause the 13 identification.) 14 death of a person if they were to come 14 A. Uh-huh (indicating yes). 15 in contract with it? 15 Q. Let me ask you if you had anything to do 16 A. In certain concentrations, yes, sir. 16 with the preparedness statement that is 17 Q. What was done to remedy that situation, 17 referred to -- or that is Plaintiffs' 18 if you know? 18 Exhibit Seventeen. 19 A. Remedy which situations, sir? 19 A. 1 may have. 1 don't remember. 20 Q. The finding of contaminants in the 20 Q. Okay. What is a preparedness statement, 21 interceptor wells. 21 Mr. Cheever, based on your experience in 22 A. The interceptor wells were there to 22 the company? 23 intercept potentially contaminated 23 A. This is a press release. Pages 246 - 249 HARTOLDMONO014064 Page 250 Page 252 1 Q. Press release? 1 pounds? 2 A. Yes, sir. 2 A. Yes, it is. 3 Q. Was this put together for y'all with the 3 Q. Was that stored -- the 3,499,050 pounds, 4 public relations side of the Monsanto -- 4 was that stored on site or recovered or 5 A. Normally that is the way it is done. 1 5 whatever? 6 presume this one was done that way. 6 A. The number again, sir? 7 Q. So this is just to assist y'all in 7 Q. Just go across the line there on the 8 dealing with that incident there at the 8 front page. It says sulfur contaminated 9 Monsanto Chemical plant in Anniston when 9 with organophosphates, 4,200,000 and 10 the dredging took place or the Soil 10 some-odd figure. And then there is a 11 Conservation Service proposed to dredge 11 3,499,000 pound figure, and it talks 12 Choccolocco Creek? 12 about the fact that it is either stored, 13 A. That is what it appears, yes, sir. 13 treated, or disposed of. Do you know 14 Q. And is it your position here today that 14 what happened to those? 15 you might have contributed some to the 15 A. Well, D80 is a code, handling code that 16 facts in here? 16 means it is disposed of in a landfill. 17 A. 1 might have, but 1 don't recall doing 17 Q. That's - 18 so. 18 A. That is the on site landfill disposal. 19 Q. Do you remember who was dealing with 19 Q. R01 is - 20 y'all from the public relations 20 A. R01 is recycled or reclaimed or 21 department at that time, Mr. Cheever? 21 recovered. 22 A. 1 sure don't remember. 22 Q. Okay. In the manufacturing process? 23 Q. Okay. 23 A. Yes, sir. Page 251 Page 253 1 A. Could 1 take a break? 1 Q. Was that a regulated waste material? 2 (A break was taken.) 2 A. No, sir. 3 (Plaintiffs' Exhibits Numbers 3 Q. Okay. Have any toxic -- 4 Eighteen and Nineteen were 4 A. No, sir. It was a chemical contaminated 5 marked for identification.) 5 waste, but it was not regulated under 6 Q. Here is Eighteen, and I'm going to show 6 the solid -- you know, under title 7 you Nineteen, too. These are two 7 whatever, the hazardous waste portion of 8 documents dated '83 and '84 and have 8 the solid waste disposal requirements. 9 your name on them. Plaintiffs' Exhibit 9 Q. If that got in the water system or 10 Eighteen is hazardous wastes generator 10 ground water, would that create problems 11 and on site TSD facility annual report. 11 for - 12 Can you tell us who you made this report 12 A. 1 don't know the answer to that 13 to? Was it to the EPA? 13 question. Could have. 14 A. 1 don't recall. It was either EPA or 14 Q. And when you say could have, you don't 15 ADEM or both. 15 know? 16 Q. It says installation EPA ID number, but 16 A. 1 have no reason to know one way or the 17 that's -- 17 other. 18 A. You know, 1 believe we made them to both 18 Q. The next one is acetone. 19 agencies, but 1 don't recall for sure. 19 A. Yes, sir. 20 Q. All right. It says sulfur contaminated 20 Q. What is that? 21 with organophosphates. 21 A. Acetone is a solvent that was used 22 A. Yes, sir. 22 across the site. 23 Q. It talks about 4,204,483 -- Is that 23 Q. What is T02? Pages 250 - 253 HARTOLDMONO014065 Page 254 Page 256 1 A. It is a treatment technology. 02 is 1 that was buried on site? 2 incineration, 1 believe. 1 don't recall 2 A. That is correct. 3 exactly. 3 Q. And in fairness, it says methyl 4 Q. Now, do you know where that was 4 parathion and contaminated debris. 5 incinerated? 5 A. That is correct. 6 A. It would have been off site. I'm not 6 Q. That is 142,000 that were buried on site 7 sure where, wherever we would have 7 and 60,000 pounds that were shipped off 8 manifested it. 8 site? 9 Q. P-nitrophenol and contaminated debris? 9 A. Uh-huh (indicating yes). 10 A. Uh-huh (indicating yes). 10 Q. Methyl chloride and sulfur, do you know 11 Q. Was that also incinerated? 11 what happened to that? That was 12 A. The T02 is 02 treatment technology, 12 buried -- disposed of off site? 13 which is --1 don't know whether that is 13 A. That is correct. 14 incineration or whether that's the 14 Q. Are those regulated chemicals, 15 treatment, you know, using the treatment 15 parathion, methyl parathion, and 16 facility that is on site, the waste 16 methylene chloride, chemicals that have 17 water treatment. That may be the waste 17 to be buried in places like Emelle and 18 water treatment plant that was on site, 18 regulated landfills? 19 the company-owned treatment plant, the 19 A. They have to be handled in accordance 20 way that was written, and the acetone 20 with the requirements of the Resource 21 the same way. Acetone is a very light 21 Conversation Recovery Act, yes, sir. 22 organic, very easily biodegradable. And 22 MR. STEWART: We offer that. 23 that was probably generated and treated 23 (Plaintiffs' Exhibit Number Page 255 Page 257 1 within the Anniston plant waste water 1 Eighteen was offered and 2 treatment plant as opposed to being off 2 attached as an exhibit 3 site incinerated. I'm going to correct 3 hereto.) 4 myself on what T02 means based on 4 Q. And then the next document, which is 5 looking at that. 5 Plaintiffs' Exhibit Nineteen, we are 6 (Discussion held off record.) 6 talking about, again, methyl parathion 7 Q. Tell us what parathion contaminated 7 on the third line there? 8 debris -- it indicates that was stored, 8 A. Uh-huh (indicating yes). 9 85,000 pounds of it was stored in the 9 Q. Stored 62,000 pounds and also says 10 landfill; is that correct? Am 1 reading 10 contaminated debris. 11 that right? 11 A. Uh-huh (indicating yes). 12 A. 85,000 pounds would have been disposec112 Q. And then you disposed of 75,000 pounds. 13 of in the on site landfill. 13 Why would you make the distinction or 14 Q. And 60,000 pounds were shipped off? 14 difference in those? You put this 15 A. That is correct. 15 together. It is dated in 1984. Do you 16 Q. Would that have been to a regulated 16 remember? 17 landfill somewhere or for incineration, 17 A. 1 sure don't remember the reasoning we 18 or do you know? 18 made the distinction between the two, 19 A. It would have been to a regulated 19 why we sent some off site, why we 20 landfill based on the facility ID number 20 didn't. 21 that is listed there. 21 Q. Were your landfills that you had active 22 Q. And then methyl parathion, it has the 22 at that time in 1984 capable of taking 23 same designation for a portion of it 23 something like methyl parathion or Pages 254 - 257 HARTOLDMONO014066 Page 258 Page 260 1 parathion? 1 Q. And was that parathion buried in the 2 A. Yes, sir, it was permitted to do that. 2 landfill? 3 Q. Okay. Do you know what site this is 3 A. Yes, sir. 4 where you sent that stuff? 4 Q. In one of the cells? 5 A. 1 do not know. I'd have to speculate, 5 A. Either cell 4-E or 5-E that is described 6 and 1 choose not to do that. I'm not 6 here. 7 sure. It can be matched up with the 7 Q. Okay. And can 1 assume from these 8 identification number. 8 documents that comprise Plaintiffs' 9 Q. Okay. 9 Exhibit Twenty that when you closed 10 A. Someplace in Alabama. 10 these cells that is where the parathion 11 Q. Okay. Let me show you -- This would be 11 waste that y'all maintained on site was 12 Twenty. 12 buried? 13 (Plaintiffs' Exhibit Number 13 A. Parathion that was generated on site 14 Twenty was marked for 14 that was buried on site was buried in 15 identification.) 15 those cells, yes, sir. 16 Q. It is 1 my understanding, Mr. Cheever, 16 Q. Let me ask it another way. To your 17 that you left the facility at the end of 17 knowledge, based on your experience 18 the calendar year '89. And there is a 18 there and your responsibilities for the 19 document here that refers to a -- that 19 disposing of that waste, there is none 20 was filed with the probate judge's 20 that is buried outside the cells 21 office, a duplicate original of the 21 themselves? 22 affidavit made by Mr. Denner, and it 22 A. Not to my knowledge. 23 talks about the -- prepared by Brenda 23 Q. Well, wouldn't you have to say if it Page 259 Page 261 1 Stedham and sent to Sue Robertson, Chief 1 was? 2 of Land Division of the Alabama 2 A. I'm sorry? 3 Department of Environmental Management. 3 Q. Wouldn't Monsanto have to tell the 4 What it talks about is the burying 4 general public if it was? 5 of approximately 120,750 tons of 5 A. I'm not sure what the requirements are. 6 non-liquid hazardous waste potentially 6 Q. Does your permit allow you -- Let me ask 7 contaminated with 4-nitrophenol and 7 it this way, Mr. Cheever: To bury 8 parathion. Are you familiar with what 8 parathion in any place or dispose of 9 was done at that time? Can you describe 9 parathion in any place on Monsanto's 10 for us based on looking at these 10 property located in Calhoun County at 11 documents what happened on that 11 the Anniston plant other than in one of 12 occasion? 12 those solid waste management cells -- 13 A. 1 can try to, sir. This is the closure 13 A. The permit was for the cell 4-E and 5-E 14 documentation when we closed the active 14 that were closed here, and that was for 15 portion of the landfill on the south 15 parathion and PNP contaminated wastes. 16 side of Highway 202. The regulations 16 Q. And you couldn't bury it any other 17 and our permits require that a notice -- 17 place, could you, on the property -- 18 that this kind of a notice be prepared 18 A. That is correct. 19 and filed that would indicate where 19 Q. -- or you would be in violation of your 20 hazardous waste has been disposed of in 20 permit? 21 a closed facility. 21 A. 1 believe that's correct, yes, sir. 22 Q. Okay. 22 Q. Now, if you discovered -- Let's say you, 23 A. That is what this was about. 23 Robert Cheever, discovered that outside Pages 258 - 261 HARTOLDMONO014067 Page 262 Page 264 1 those cells, what would be your 1 there without reporting them? 2 responsibility, Mr. Cheever, as the 2 A. 1 don't recall how -- how the permit was 3 environmental officer of Monsanto 3 written in 1984 for Anniston. 1 can go 4 Chemical Company? 4 with my experience of what I'm working 5 A. Notification would have to be made and a 5 on now. If we discover a solid waste 6 newly discovered solid waste management 6 management unit that has not been 7 unit as defined by the hazardous and 7 previously identified, we submit a 8 solid waste amendments of 1984. That is 8 written notification to the agency 9 what the SWMU -- That is the distinction 9 involved, and then that usually begins a 10 between an SWMU and an active hazardous 10 dialogue as to how are you going to 11 waste management facility. An SWMU is 11 address the remediation, what is the -- 12 materials placed in or on the ground 12 You begin a facility investigation 13 prior to 1980 or 1984. 13 around that newly identified solid waste 14 Q. So - 14 management unit. 15 A. If you became aware of it -- 15 Q. What if you find it and don't report it? 16 Q. If you became aware of it you would have 16 A. Then you are in violation of your 17 to do what? 17 permit. 18 A. Some permits -- And 1 have forgot 18 Q. And what are the ramifications of that? 19 exactly what the permit requirements for 19 A. I'm not sure what the ramifications are. 20 Anniston were. Some are written such 20 I'm sure there is some consequence the 21 that if you become aware of materials 21 agency is going to impose on somebody 22 that may have been placed in or on the 22 who violates their permit. 23 ground, then you have to make a 23 Q. Civil or criminal? Page 263 Page 265 1 notification. 1 A. 1 believe it is both. It can be both. 2 Q. What happens after you make a 2 Q. Who is the person responsible under 3 notification, Mr. Cheever? 3 those circumstances at, say, the 4 A. Most of the time 1 believe that is all 4 Krummrich plant or the Anniston plant? 5 the permit says, is you make a 5 1 mean, who is the person that is the 6 notification, and then the agencies 6 signator on those documents that are 7 normally respond, and you begin a 7 related to that? 8 dialogue at that point in time. 8 A. The plant manager is normally the 9 Q. Okay. Would you have to place those at 9 designated individual to sign those 10 some time in one of these cells? Can 10 documents. 11 you just leave it out? 11 Q. So he is the person that is ultimately 12 A. Normally it becomes the subject of a 12 responsible for making sure that if 13 facility investigation in a different 13 there is something discovered like that, 14 regulatory -- set of regulations that 14 the proper agency is notified? 15 are prepared for the remediation of 15 A. Yes, sir. 16 solid waste management units outside of 16 Q. And who would be the proper agency? 17 hazardous -- active hazardous waste 17 A. It would depend on whether it is a state 18 management units. 18 permit or a federal permit. It could be 19 Q. Well, 1 guess what I'm saying is --1 19 one or the other or both. 20 guess what I'm asking is what takes 20 Q. It appeared in the documents we 21 place once you notify those people. The 21 previously looked at that you signed 22 regulations that apply, do they make it 22 your name to that dealt with parathion 23 an unlawful activity to have those out 23 and the debris that was contaminated Pages 262 - 265 HARTOLDMONO014068 Page 266 Page 268 1 that you referred -- when you referred 1 ask you questions about. 2 to those you indicated that -- And those 2 A. Uh-huh (indicating yes). 3 were Plaintiffs' Exhibit Seventeen and 3 Q. Apparently it says, "The data used to 4 Eighteen, 1 believe. You indicated that 4 rank this site was obtained from 5 you reported in both those case to the 5 information collected at the active 6 EPA and to ADEM. 6 interim status hazardous waste 7 A. 1 don't recall where they went to for 7 management facility. Are we going to 8 sure. This one on Exhibit Nineteen says 8 rank all such ground water contamination 9 the Alabama Department of Environmental 9 which has been detected at active 10 Management across the top, land program. 10 sites?" Do you know what ground water 11 1 don't remember whether that was sent 11 contamination Mr. Cox is talking about 12 to anybody other than ADEM or not. 12 or the EPA is talking about? 13 Q. Okay. So it could just be sent to ADEM? 13 A. 1 do not know. Have to ask them. 14 A. It could have been. I'm not sure. 14 Q. You don't know what -- 15 Q. If you didn't report it if you found it 15 A. No, 1 sure don't. 16 outside the area where it was supposed 16 (Plaintiffs' Exhibit Number 17 to be, parathion or whatever it is, a 17 Twenty-two was marked for 18 regulated chemical compound, and you 18 identification.) 19 just had to report to ADEM, would the 19 Q. Then there is a -- This would be 20 ramifications that you mentioned a 20 Twenty-two. It is a letter dated July 21 minute ago, civil and criminal 21 1st -- Plaintiffs' Twenty-two is a 22 penalties, be the same? 22 letter dated July 1 st of 1983 to 23 A. I'm not sure what the Alabama Department 23 Mr. Jerry Brown from Mr. Bernard Cox. Page 267 Page 269 1 of Environmental Management penalty -- 1 You were with the company at that time; 2 civil and criminal penalties are the 2 is that correct? 3 same as federal EPA's or not. 3 A. Yes, 1 was. 4 Q. You just are not familiar with that part 4 Q. And this letter refers a study that EPA 5 of it? 5 had released that was conducted in 1980 6 A. Not now, no. 6 of companies that would be potential 7 (Plaintiffs' Exhibit Number 7 producers of dioxins. Apparently 8 Twenty-one was marked for 8 Monsanto Chemical Company's plant in 9 identification.) 9 Anniston had been identified as one of 10 Q. Okay. Let me show you Plaintiffs' 10 the four Alabama facilities which 11 Exhibit Twenty-One. I'll ask you to 11 produce products or have processes that 12 take a look at that and see if you are 12 had been previously linked to dioxins. 13 familiar with that. What 1 have 13 Mr. Cox refers to parathion in his 14 particular reference to -- These were 14 letter, in the second paragraph. Have 15 some rankings that were apparently done 15 you seen that? 16 in '82 and '83 by the Environmental 16 A. Uh-huh (indicating yes). 17 Protection Agency. There is a letter 17 Q. What response, if you know of any, 18 written by Mr. Cox back to the 18 Mr. Cheever, did y'all make to this 19 Environmental Protection Agency about 19 letter dated July the 1st, 1983, with 20 his disagreement with those rankings. 20 regard to dioxins? 21 And the Anniston plant is referred to on 21 A. I'm not aware. 1 don't know what if any 22 the last page of the document, a little 22 response was made to this or not. 23 note there. That is what 1 wanted to 23 Q. Were you involved in any kind of Pages 266 - 269 HARTOLDMONO014069 Page 270 Page 272 1 response? 1 results, sampling of land, air, or water 2 A. 1 might have been, but 1 sure don't 2 to send to him at this time in July of 3 recall it. 3 1983? 4 Q. Mr. Cox says that he wanted information 4 MR. COX: Object to the form. 5 on the processes which substantiates or 5 A. We may have, but 1 wasn't aware of any. 6 refutes possibility of either direct or 6 Q. You weren't aware of any? 7 indirect dioxin production, apparently 7 A. No. 8 wants to refute what they are saying. 8 Q. Were you aware of anything that you did 9 Is this the normal procedure that you go 9 or any testing that you did after this 10 through with ADEM and EPA, if they say 10 letter was received for dioxins and the 11 dioxins are being produced at the 11 parathion production? 12 Anniston plant site? That is a banned 12 A. I'm not aware of any. Me way have. 13 chemical, isn't it, a toxic chemical 13 (Plaintiffs' Exhibit Number 14 that -- 14 Twenty-three was marked for 15 A. I'm not sure what the status is. 1 15 identification.) 16 believe it has been. But as far as your 16 Q. Let me show you Twenty-three. This 17 question, is this a common practice, 17 refers to a Therminol trade-in program. 18 yeah. It is not uncommon to be -- to 18 1 want to ask you about that, 19 prove that your processes are not the 19 Mr. Cheever. Do you want to read it and 20 generator of certain waste materials. 20 look at it? 21 Q. Okay. Did y'all send him any sampling 21 A. Go right ahead. 22 to your knowledge of the land, air, or 22 Q. What was the Therminol trade-in program? 23 water that indicated that dioxin was 23 A. Therminol is a heat transfer fluid that Page 271 Page 273 1 present at the plant site? 1 Monsanto sells, a trademark material. 2 A. 1 presume we answered the letter because 2 Q. Is it a substitute for PCBs? 3 we normally did, but what the answer 3 A. No, sir. 4 looked like, 1 wouldn't have the 4 Q. What was it used in? In what kind of 5 foggiest idea what it was. 5 end product would this wind up, 6 Q. Okay. Did you -- Were you aware of the 6 Therminol? 7 fact at the time that you went to 7 A. It goes into solar heat panels where 8 Anniston and became the environmental 8 they take sunlight shining on 9 specialist and then later were 9 metallicized panels and put Therminol 10 responsible for environmental affairs 10 behind it. That is one of the uses. It 11 there -- were you aware of the fact that 11 is used in heat transfer and other 12 parathion production had as a byproduct 12 chemical process reactions because it is 13 potentially dioxin. 13 a medium you can heat to higher 14 A. 1 might have been, but 1 don't recall 14 temperatures under low pressure than you 15 for sure. That is fifteen years ago, a 15 can water, as an example. 16 of water gone on before. 16 Q. Y'all were taking this stuff back and 17 Q. 1 understand. Did you do any testing at 17 burning it at the plant? Is that what 18 that time for it to your knowledge, for 18 you proposed to do? 19 dioxins? 19 A. The proposal was to take spent fluids, 20 A. We may have, but 1 don't recall doing 20 fluids that had exceeded their capacity 21 any. 21 as a heat transfer medium, turn them in, 22 Q. So would it be fair to say that you 22 give the purchaser credit, and we'd take 23 wouldn't have had any tests -- test 23 the return materials and use it as Pages 270 - 273 HARTOLDMONO014070 Page 274 Page 276 1 boiler fuel. 1 and employee health data in the MEHI 2 Q. Okay. Is there any byproduct from 2 database." 3 that? 3 A. Uh-huh (indicating yes). 4 A. The normal products of combustion, CO, 4 Q. Do you know whether or not this was 5 C02. 5 done -- 6 Q. And that's it? 6 A. Sure was. 7 A. Yeah. There is no sulfur or no nitrogen 7 Q. -- at the Anniston plant? 8 in the product. 8 A. Yes, it was. 9 Q. In the Therminol trade-in program, in 9 Q. Was it done with regard to all of the 10 the back, it talks about PCBs, says no, 10 employees there? Did they have to go to 11 on the third page. 11 the doctor and be examined on a regular 12 A. Uh-huh (indicating yes). 12 basis? 13 Q. Do you know what that has reference to, 13 A. Yes, sir. 14 Mr. Cheever? 14 Q. Was that the plant physician? 15 A. 1 believe this is a specification that 15 A. Yes, sir. 16 is given to potential customers that if 16 Q. And then was that information sent to 17 you are going to participate in our 17 some central location? 18 trade-in program, your material has to 18 A. Yes, sir. 19 meet this specification. 19 Q. Where was that? 20 Q. Can't have any PCBs in it? 20 A. Corporate medical, Monsanto corporate 21 A. That is correct. That is what that 21 medical. 22 means. 22 Q. And what studies if you know were you -- 23 Q. So y'all were not taking back PCBs at 23 were made of that particular data, Page 275 Page 277 1 that time in connection with the 1 Mr. Cheever? 2 Therminol trade-in program? 2 A. 1 don't know if any particular studies 3 A. That is correct. 3 were used with that data, if any. 4 (Plaintiffs' Exhibit Number 4 Q. Okay. So you're not familiar with any 5 Twenty-four was marked for 5 studies that were done with the data 6 identification.) 6 that was collected at corporate medical? 7 Q. All right. Let's me show you 7 A. There may have been some. But I'm not 8 Plaintiffs' Exhibit Twenty-four. This 8 aware of any specifics that were done 9 is another guideline put out, 1 assume, 9 with corporate medical from Anniston. 10 by Monsanto; is that correct? 10 Q. Who would know about that? 11 A. That is correct. 11 A. Whoever is in charge of the medical 12 Q. What it refers to is the monitoring 12 process at the site at this point in 13 apparently of employee health by 13 time, whoever that is. 14 examination programs that were located 14 Q. At what site? 15 in the Anniston plant. And paragraph 15 A. At Anniston if you are looking for 16 four is what I'm interested in, and 16 Anniston data in specific. 17 paragraph five. 17 Q. Okay. Were there any tests that were 18 A. Uh-huh (indicating yes). 18 done company-wide or studies done 19 Q. Could you read over those and let me ask 19 company-wide? 20 you some questions? 20 A. There may have been. I'm not aware of 21 A. Go right ahead. 21 any. 22 Q. It says, "Collect and enter workplace 22 Q. Okay. Now, it says in the next 23 materials, worker exposure, work history 23 paragraph, "Continue surveillance of Pages 274 - 277 HARTOLDMONO014071 Page 278 Page 280 1 workplaces to identify potential health 1 Q. Okay. 2 risks, evaluate those risks based on 2 A. What else? 3 current toxicological knowledge and 3 Q. Did you serve in any particular capacity 4 initiate appropriate safeguards to 4 in any civic organizations? 5 protect the health of employees." 5 A. Civic organization? 6 A. Uh-huh (indicating yes). 6 Q. Or church organization? 7 Q. How long has this particular policy been 7 A. Well, church work and served on 8 in place? Do you know? 8 committees, various committees. 9 A. This guideline was written in 1987, 9 Q. At Jacksonville, at First Methodist in 10 based on the date in the back. But we 10 Jacksonville? 11 have been doing industrial hygiene 11 A. Yes, sir. 12 sampling and monitoring as long as 1 12 Q. Okay. Can you tell me, if you 13 have been employed with the company. 13 socialized with some people on a regular 14 Q. And are those particular documents 14 basis, were they primarily from 15 maintained in St. Louis, in the 15 Jacksonville? 16 corporate medical database? 16 A. Jacksonville, Weaver. 17 A. Yes. 17 Q. Who were your good friends who perhaps 18 Q. Do you know how far back they go or what 18 still live there, Mr. Cheever, and would 19 the retention policy is with regard to 19 be over the age of nineteen and able to 20 that? 20 serve on a jury? 21 A. No, sir. 1 don't know what it is. It 21 A. Let me see. 1 don't know if 1 can name 22 is part of our records retention 22 them all. But Louie McDonald was a good 23 guidelines, I'm sure. But 1 don't know 23 friend of ours and still is 1 would Page 279 Page 281 1 what the timing is. 1 hope, and his wife Orpha Sue; John and 2 MR. STEWART: 1 believe that's all 2 Margaret VanCleave. 3 1 have. 3 Q. Who pastors the church 1 go to. 4 (Discussion held off record.) 4 A. I'm sorry? 5 Q. (By Mr. Stewart) When you lived in 5 Q. Who pastors the church 1 go to, which is 6 Anniston, where did you live? 6 in Glenaddie, where the Mars Hill 7 A. Lived in Jacksonville. 7 Missionary Baptist Church goes. 8 Q. Okay. And what social clubs or civic 8 A. Grant and Carolyn Paris are good friends 9 organizations did you belong to while 9 of ours. Ralph Drake is a good friend 10 you lived there? 10 of mine, my financial adviser. We 11 A. Kitty Stone Elementary Parent-Teacher 11 belonged to a square dance club down 12 Association and Jacksonville High School 12 there. All these folks did at that same 13 Parent-Teacher Association. 1 was a 13 time. That is why it is -- It was kind 14 member of Jacksonville First United 14 of a church and beyond. And there are 15 Methodist Church and in their men's club 15 others whose names -- Wayne Dempsey, G. 16 and friendship Sunday school class. 1 16 Wayne or J. Wayne, whatever it is --1 17 coached a little league baseball team 17 guess J. Wayne Dempsey is an associate 18 with a gentleman by the last name of 18 of mine, friend of mine. 19 Isom. 19 Q. Did you serve at the Chamber - in the 20 Q. Ed Isom? 20 Chamber of Commerce in any capacity? 21 A. No. 21 A. No. 22 Q. Billy Isom? 22 Q. Were you a member of that? 23 A. Billy Isom, yeah. 23 A. No, sir. Pages 278 - 281 HARTOLDMONO014072 Page 282 Page 284 1 Q. Member of the Anniston Y -- 1 Q. Did she ever hold any positions in any 2 A. No, sir. 2 of those things? 3 Q. -- or participate in that at all? 3 A. No, not of the sort that you asked me 4 A. No, sir. 4 about. 5 Q. Other than your church work and the worh ; 5 Q. What is her name? 6 you have talked about, did you belong to 6 A. Her name? 7 a fork and knife club -- 7 Q. Yes. 8 A. No, sir. 8 A. Mary Jane, two words. 9 Q. -- like Rotary or Civitan or anything 9 Q. And what about the children? Did they 10 like that? 10 hold any positions at all in any clubs 11 A. No, sir. 11 or organizations? 12 Q. Other than the work with the high 12 A. My oldest daughter played in the high 13 school, did you work with the scouts, 13 school band. 14 Boy Scouts? 14 Q. What was her name? 15 A. Yes, 1 did. 15 A. Her name is Leigh Ann, L-e-i-g-h. And 16 Q. What did you -- 16 she also graduated from the University 17 A. Well, 1 had two sons who both were 17 of Alabama. 18 scouts. So 1 participated, you know, 18 Q. How old is she today? 19 helped them. But 1 didn't serve in any 19 A. I'm sorry. Again? 20 official capacity with the scouts. 20 Q. How old is she today? 21 Q. Did you do any for or participate at the 21 A. Twenty-nine. 22 council level at -- 22 Q. So she still has friends there in the 23 A. No. 23 Anniston area? 1 don't want you to name Page 283 Page 285 1 Q. -- all? Didn't serve at council level 1 those. 2 at all? 2 A. 1 don't know whether she does or not. 3 A. No, sir. 3 Q. But she graduated from the University of 4 Q. Were you active in any political 4 Alabama? 5 organizations, republicans or democrats? 5 A. Yes, she did. 6 A. No, sir. Glen Browder was a friend of 6 Q. When did she graduated there? 7 mine, as well. 7 A. 1 believe it was '91, but it might have 8 Q. Okay. 8 been '92, somewheres in that time frame. 9 A. Now whether they remember me, having 9 1 don't recall exactly when. 10 been gone for eight and a half years, 10 Q. Is your other child a girl or boy? 11 is -- Jan and Gene Rhodes is another 11 A. 1 have three other children. 1 have two 12 couple who live in Jacksonville who were 12 boys and two girls total. My son Scott, 13 very good friends of ours. 13 who is now twenty-six, you know, went to 14 Q. Do you have any relatives who live in 14 school there. But he didn't graduated 15 the Anniston area by chance? 15 from high school. He graduated here in 16 A. No, sir. 16 St. Louis. And the other two kids are 17 Q. What about your wife? Did she have any 17 still in school here in the Rockwood 18 relatives who lived there? 18 school district. 19 A. No, sir. 19 MR. STEWART: That's all 1 have. 20 Q. Was she active in any club or social 20 (The deposition concluded at 21 organizations? 21 4:35 p.m.) 22 A. Only church kinds of groups and school 22 23 kinds of groups. 23 Pages 282 - 285 HARTOLDMONO014073 Page 286 1 1 do hereby certify that the witness 2 whose attached deposition was taken before me 3 was by me first duly cautioned and sworn to 4 tell nothing but the truth in the cause 5 aforesaid; that the testimony contained herein 6 was by me reduced to writing in the presence 7 of said witnesses by means of stenography and 8 afterwards transcribed by means of computer 9 aided transcription. The foregoing is a true 10 and accurate transcript of the whole of the 11 testimony given by said witness, as aforesaid. 12 Ido further certify that 1 am not 13 connected by blood or marriage with any of the 14 parties or their attorneys or agents and that 15 1 am not an employee of any of them, nor 16 interested in the matter of controversy. 17 IN WITNESS WHEREOF, 1 have hereunto set 18 my hand and affixed my notarial seal at 19 Gadsden, Alabama, County of Etowah, this 1st 20 day of June 1998. 21 Deborah Salers Garrett 22 Certified Shorthand Reporter Registered Professional Reporter 23 Notary Public, Alabama-at-Large My Commission expires: 3-7-2001 Page 286 HARTOLDMONO014074 [& - 60,000] & & 3:3,7,10_______________ 0 001 90:11 91:14 02 254:1,12______________ 1 1 98:23 99:6,13 101:19,23 1:10 120:5 10:10 2:1 5:8 106 4:3 1131 3:4 119461 228:1 119462 213:16 119463 221:7 12:05 120:4 120,750 259:5 125 4:4 12-87 228:3 137 4:4 142,000 256:6 14th 227:13 15 167:6 182:13 156 4:5 162 4:5 163 4:6 166 4:6 174 4:7 18 158:5 180 4:7 Transcript Word Index 185 2 29th 4:8 2 171:4 175:18 1900s 61:20 97:18,18 99:2,2 3 215:21 196 4:8 101:11,11,19 102:1 20 121:23 3 97:18 99:3 101:11,14,20,21 3,499,000 1969 202 252:11 7:19 8:2 25:7 30:1 61:5 1970 84:12 85:10,11,15 86:8,9 3,499,050 96:18 99:18 104:4,6,10,12 252:3 196:9 1970s 143:9 110:9 115:14 131:8 132:10 300 132:18 135:22 155:19 3:7 159:3 208:10 214:4,11 300,000 1979 259:16 9:5 39:8 61:5 62:22 63:23 207 198:9 203:5 35203 64:6 4:9 3:8 1980 20th 61:17 262:13 269:5 3:8 1983 21927 9:5 16:13 17:12 39:8 61:10 3:10 62:23 64:1,6 71:19 78:14 22 35901-0755 2:1 36201 3:4 3-7-2001 79:1397:16 111:21 112:19 2:1 5:7 6:1 119:10 121:12 154:10 226 155:22 158:5 249:10 4:9 286:23 4 268:22 269:19 272:3 1984 185:19 240:18 257:15,22 22nd 163:10 230 4 3:14 98:5,14,18 101:2,3,11 259:7 260:5 261:13 262:8,13 264:3 4:10 1985 238 144:8,12,21 150:12 163:11 4:10 164:3,19,22 182:13 184:15 23rd 190:5 193:10 194:10 176:9 4.200.000 252:9 4,204,483 251:23 4:35 1986 248 285:21 15:4 16:21 17:16,22 167:7 4:11 1987 250 198:17 199:11,11 201:17 4:11,12 201:23 202:1 209:3 222:10 256 40 152:1 400.000 198:9 203:5 224:3 225:7 227:13 229:8 4:11 5 229:22 230:14 234:7 257 5 248:18 278:9 4:12 3:20 101:1,3,11 260:5 1988 26 261:13 157:4 171:6 173:1,19 164:2,19 209:3 224:2 50 1989 266 80:2 20:1921:8 178:17 4:13 505 1990 267 3:8 61:20 139:22 143:23 148:1 4:13 50s 148:5 192:13 26th 113:9 1996 199:11 55 62:13 271 80:3 1997 4:14 560/5-85-026 239:10 274 168:18 1998 2:1 5:8 6:1 171:4 286:20 19th 239:10 1st 268:21,22 269:19 286:19 4:14 27420 3:11 285 3:15 6 60 80:3 60,000 255:14 256:7 HARTOLDMONO014075 [60s - ahead] 60s 86 112:6 12:9 13:20 15:8,12 16:11 62,000 147:1 174:17 257:9 87 66 12:9 213:8 226:4,5,10 80:3 245:20,21 69 88 27:12 60:12 61:2 170:10 171:23 7 70 27:12 60:12 70s 26:4,20 34:9,15 36:11,13 56:7 103:12,16,18 112:6 89 86:19 92:9 126:3 127:15 147:5 151:8 153:2 170:10 174:18,20 188:14241:23 258:18 9 113:23 115:7 118:1 141:19 91 145:1 192:6 194:5 195:22 4:3 285:7 196:13 92 71 285:8 60:12 93 72 65:1 60:12 9464 75,000 222:5 257:12 96-243 755 2:1 2:1 761 152:2 78 36:13 79 9:15 36:14 43:7,8 8 a a.m. 2:1 5:8 abiding 146:2 able 207:15 280:19 absolutely 80 103:17 133:1 36:14 37:4 accepted 80s 156:21 157:1 52:1 55:12 59:10,11 191:22 access 81 194:14 37:4 accounting 82 220:6 37:4 267:16 accumulate 83 116:15,15 9:15 12:7 13:20 16:13,18 accurate 61:18 65:3,4 86:19 92:9 286:10 125:22 126:2 127:15 acetaminophen 146:23 147:5 151:7 153:2 83:13 159:19 188:14 241:23 acetone 251:8 267:16 253:18,21 254:20,21 84 acronym 251:8 39:18 85 acrylonitrile 144:5 145:2 152:10 159:22 39:15,17 190:13 act 85,000 44:3 230:21 240:18 243:3 255:9,12 256:21 action administrative 2:1 160:14 203:2 213:17 23:7 218:13219:1 adversely actionable 60:7 230:1 146:1 adviser actions 281:10 198:7 aerial activated 9:23 10:4,5 220:12 affairs active 210:9 271:10 77:18 96:19 98:13 100:18 affect 102:16,23 111:5 126:7 60:8 131:12 134:6 138:6 141:6 150:21 183:12 affectionately 187:12,23 208:14 218:20 219:11 219:2 221:13,17 222:2 affidavit 240:23 241:8 257:21 258:22 259:14 262:10 263:17 affixed 268:5,9 283:4,20 286:18 actively aforesaid 226:7 286:5,11 activities aq 55:21 71:23 151:1 171:21 211:19 206:15 219:5,6 226:10,12 age 235:5,8 236:9 243:5 280:19 activity agencies 12:1 89:21 198:3 226:11 50:20 69:15 72:2 123:2 263:23 171:20216:21 251:19 actual 263:6 109:20 agency add 17:19 23:6 50:14,17,22 217:10 70:1971:1673:15 144:10 added 168:17 216:3 230:20 242:9 214:17 264:8,21 265:14,16 267:17 adding 267:19 215:3 agents addition 286:14 25:22 29:11 31:22 ago additional 49:12 183:23 218:5 233:1 243:4 246:1 266:21 271:15 address agree 199:22 246:14 264:11 109:16 addressed agreed 143:21 178:6 197:14 5:2,9,15,22 addressing agricultural 174:5 176:7 185:20 198:13,16 200:4 adem 210:5,10211:4,15,20 17:11 69:19 73:18 86:20 212:13 88:1,13 89:16 90:20 123:5 agriculture 123:13 135:20 136:5 184:8 37:13 234:7 235:4 240:4 241:5,13 ahead 242:23 245:5 251:15 266:6 30:1877:14 110:23 111:2 266:12,13,19 270:10 120:23 139:6,7 142:14 adem's 170:5 187:1 190:10217:12 240:12 217:13 242:5 272:21 adequately 275:21 77:22 229:11 HARTOLDMONO014076 [aided - associated] aided anniston (cont.) appear areas 286:9 109:21 110:2 112:1,6 118:9 225:1 13:4 32:13,20 33:6,15 35:8 air 121:17 125:11 130:20 appeared 84:6 91:19 148:19 155:20 33:2 34:21 35:14 50:9,11 151:7 158:20 162:16 171:9 233:6 265:20 187:20 195:7 206:15 50:14 70:13,14,17 87:4 185:20 192:1 194:17 195:4 appears 225:17 240:16 242:15 88:10,11 89:15,15,1891:4 197:22 201:19 202:21 167:22 186:9 247:1 250:13 246:8 91:5 92:2,10 189:5 235:3 209:4,8 210:20 212:10 applicable arena 270:22 272:1 213:8 215:14216:5,15 88:21 8:13,14 26:1 79:6 116:4 al 222:6,7 225:10 228:18 application arm 2:1,1 235:1 236:13,17,18 242:20 51:13 123:1 221:20 89:16 207:2 alabama 245:19 248:2 250:9 255:1 apply arms 2:1,1 3:4,8 5:6 17:9,10,18 261:11 262:20 264:3 265:4 263:22 85:5 66:14 69:23 70:3 125:3 267:21 269:9 270:12 271:8 appreciative arrangement 128:3,4 134:17,20 149:4 275:15 276:7 277:9,15,16 177:8 46:20 156:19 164:10 165:7 279:6 282:1 283:15 284:23 approach art 172:23 174:5 175:13 176:2 annual 57:18,21,22 157:16 63:9 176:7 182:18 240:20 243:3 30:10 87:2,4 214:21 251:11 approached artist 258:10 259:2 266:9,23 annually 27:7 107:1 269:10 284:17 285:4 32:16 87:8 approaches ash 286:19,23 answer 57:11 58:3 47:4 allocation 55:19 88:20 89:2 110:13,23 appropriate asked 199:23 200:1 111:3 142:14 160:11 220:2 278:4 125:21 154:11 162:12,18 allow 169:20,21 176:3 177:1 appropriated 228:15 239:23 284:3 261:6 184:17 190:10202:11 219:12 asking allowed 210:1,12 214:6 242:5,7 appropriating 6:18 18:9,20 77:13 97:8 176:5 246:20 253:12 271:3 218:19 107:1 138:1 152:6 177:5 alvin answered approval 186:11 187:1 194:12 199:3 38:22 22:15 271:2 170:4 179:2 200:19 263:20 amendments anticipate approved asks 240:18 262:8 49:7 178:21 7:4 amherst anticipation approximately aspect 28:7 234:17 124:13 181:4 259:5 48:21 112:14 226:22 amount anybody april aspects 49:6 105:5 201:18 19:4,13,23 49:23 71:2 9:15 61:5 62:22 56:22 116:21 235:11 amounts 85:12,16 86:13 95:3,16,20 archives assessment 49:10 96:5,8 106:9 109:23 110:2 193:22 194:3,20 195:1 243:5 245:8 analysis 112:21 113:6 115:2 116:22 area assign 168:20 117:12,16,21 130:11 8:5 9:6 12:22 25:23 26:16 5:19 analytical 131:10 134:8 136:18,22 27:22 30:1 32:2,19,23 33:9 assigned 13:9 15:3 75:1 214:22 137:2,12 147:14 169:2 35:12,17 42:15 43:12 44:16 26:14 analyzed 171:8 191:18,23 216:11 44:22 45:6 65:2 77:21 78:6 assist 78:8 160:20 249:3 234:1,11 235:15 242:8 80:2 83:17,20 84:2,3 106:1 250:7 analyzing 266:12 106:7 109:21 111:12,17 assistance 164:4 anyplace 114:1,2 115:3,21 116:1,4 173:15 animals 189:3 117:1 124:7,15,18,21,22 assisted 116:18 anyway 125:14 126:11 127:9,10,18 36:22 ann 120:11 127:21,23 128:23 129:4,16 assisting 284:15 apologize 129:21 131:19 132:10,14 38:5 anniston 219:17 132:16,17 133:14,18 134:7 associate 3:4 10:2,6 11:2 12:22,22 apparatus 134:9,14,19 135:23 136:11 281:17 13:5,6 14:14,18 20:16,17 203:21 137:16,20 138:6,14 141:13 associated 33:16 34:10 35:3,10,19 apparently 142:2,4 151:5,11 163:16 15:5 69:17 198:7 203:3 36:4 38:1960:23 61:11,13 27:14 165:14 183:17 184:4 186:5 194:16,19 206:15214:9 218:20 219:1 65:2,12,17,18 66:8 67:15 198:18 212:19,22 213:7,12 215:1 223:21 240:6 242:16 220:23 221:22 226:11 69:4 73:20,22 74:1,6 81:6 240:4,19241:14267:15 242:20 245:2 266:16 235:2,8 91:16 92:21 95:6,22 97:10 268:3 269:7 270:7 275:13 283:15 284:23 HARTOLDMONO014077 [association - brenda] association axis bate's biodegradable 9:13 172:23 173:4,7 174:6 46:18____________________ 213:13,15 254:22 176:8,18 279:12,13 b baton biologic associations 31:20 32:3 173:12 bachelor 24:17 54:4,11 battery 81:1 biological assume 26:22 27:8 34:22 35:10 41:5 42:8 43:21 46:10 73:15 140:6 165:16 201:6 205:20 260:7 275:9 back 49:1960:1561:1965:15,20 81:13 84:16 85:4 98:6,21 100:17 104:8 129:10 131:6 149:12 179:14 185:6 105:22 beat 30:5 began 27:18 37:19 58:9 248:4 biologically 81:3 biphenyl 80:2 assumed 188:20 195:10,18 196:4 begins biphenyls 35:11 72:5,6,9 92:22 162:21 163:1 210:19 219:19 assure 75:5 227:23 249:9 267:18 273:16 274:10,23 278:10 278:18 background 24:15 264:9 behalf 23:7 beings 230:1 79:21 birmingham 3:8 bit 138:9 attached bad believe blends 4:17 257:2 286:2 attend 112:13 bags 12:15 13:11 45:8,21 51:12 80:3,6 51:16,18 52:21 61:15 68:22 blood 31:7 attention 18:2 160:1,3 105:18 band 284:13 73:8 83:6 90:13 96:18 286:13 117:3 120:9 122:23 125:2 body 131:7 144:10 146:14 154:4 215:16,19 attorney 6:22 144:11 145:19 160:1,4 banned 114:15270:12 155:3,5 159:21 160:22 163:1 166:10 169:13 boiler 89:19 90:6 91:8 274:1 161:16,19 162:5,9,12 163:15 164:1 165:14 166:14,22 170:15,19 175:2 baptist 2:1 281:7 barely 170:10 173:2 174:21 borden 179:15 183:4 186:1 193:17 74:10 198:21 200:6 202:12 205:1 boss 175:12 177:10,22 178:12 178:20 184:7,9 191:20 158:8 barge 209:14 211:1 224:5 232:13 19:19 63:3 94:1 232:23 233:3,9 242:22 bottom attorneys 40:10,20 41:1 251:18 254:2 261:21 263:4 136:23 6:13 286:14 august 182:13 auspices 241:12 barges 39:1040:14,17 baseball 279:17 based 265:1 266:4 270:16 274:15 bottoms 279:2 285:7 54:23 belong bought 279:9 282:6 48:20 236:13 belonged box authority 86:6 105:20 114:10 133:11 128:3 233:19281:11 3:10 240:21 available 53:8 65:17 159:6 172:2 194:8 avenue 135:14 176:14 183:8,17 186:1 204:6 212:6 224:23 249:21 255:4,20 259:10 260:17 278:2,10 basic benignus 20:4 bernard 239:11 268:23 best boy 41:11 282:14285:10 boys 285:12 brainstormed 3:4 aware 54:2 55:13,15 56:20 59:21 60:4 102:3 112:10 113:1 119:12 123:17 128:22 33:10 basically 26:9 28:18 72:14 130:5 228:14 basins 34:8 45:2 57:3,6 97:17 225:14 104:7 121:1,5 204:19218:2 brainstorming better 223:1 204:15,17 208:23 branch beyond 87:23 243:13 129:22 134:8 135:4 138:15 220:13,18 232:16,19,20 180:3 281:14 breach 141:8 153:14,18 155:23 156:7,9 158:12,15 162:8 basis 29:19 31:8 150:15 192:22 big 45:12 188:3 break 165:3 172:7 173:12,15 175:3 182:7,8 188:19 190:15,23 191:3 195:9 218:6,8 246:13 276:12 280:14 bass bill 64:10231:15,15 billy 7:5 38:1 46:9 81:3,12 95:18 120:3,4 152:4,5 251:1,2 breathing 199:12 216:23 234:21 244:4 262:15,16,21 269:21 141:17 142:7 bate 279:22,23 bio 207:11 brenda 271:6,11 272:5,6,8,12 221:7 222:5 116:6,7 258:23 277:8,20 HARTOLDMONO014078 [brick - cheever] brick 58:21 bridgeport 54:3,3,11 brief 60:17 briefed 80:9 93:5 117:4 briefly 25:21 bring 45:9 248:11 broadwater 164:9,12,20 165:6 179:16 brought 32:6 40:8 159:23 160:3 browder 283:6 brown 20:9 63:5 66:5,18,22 68:21 72:3 75:10 80:11 85:19 86:12 93:21 94:4 106:9 109:23 117:5,5,21 118:2 135:14 151:2 167:7,20 174:7 177:19,23 178:5 180:23 218:17 268:23 brown's 178:17 brush 189:22 buddy 10:12 70:21,22 budget 219:13 budgeted 198:17 bugs 37:21 building 53:11 built 85:22 135:15 220:13 232:17,22 237:11 buried 76:19 86:15 97:14,21 98:9 98:10,13 102:7 105:2 110:11,15 126:21 128:11 130:6,11,20 156:5,13,17 188:7,11,13,16,20 190:18 191:1 192:7 207:23 208:8 241:19,20 256:1,6,12,17 260:1,12,14,14,20 burn 230:3 burning 273:17 bury 140:22 141:3 146:16 261:7 261:16 burying 237:1 259:4 bushes 189:22 business 43:23 79:20 112:11 businesses 106:7 buy 49:1 byproduct 271:12 274:2 byproducts 54:19 c calendar 20:1921:7258:18 calhoun 21 26110 call 24:22 134:14 called 31:23 63:7 108:17 campaign 17217 candidates 172:3,5 capable 25722 capacitors 112:4 capacity 25:20 193:1 220:20 234:2 273:20 280:3 281:20 28220 capital 25:22 26:6 caps 188:3 189:21 capture 40:18 131:19 car 40:11,21 41:1 carcinogen 11421 care 40:13 143:20 221:17,18,22 222:4 career 20222 careful 24:5 140:20 carlton certified 2:1 2:1 182:14 286:22 Carolina certify 3:11 286:1,12 carolyn cetera 281:8 77:5 112:4 carondolet cfr 45:7 152:1 carried chairman 75:6 76:5 85:6 168:15 139:12 197:16211:9 238:16,17 chamber cars 281:19,20 39:11 40:17 chance carved 283:15 32:20 change case 68:11,1269:12 6:14 7:12 56:1 266:5 changes cause 199:17 207:21 247:13 286:4 charge caused 151:3,4 213:21 245:19 216:4 277:11 causes charges 207:17,17 41:12236:15 cautioned cheaper 286:3 181:8,14,15 cell cheatwood 84:13 85:14,23 86:7 98:5,7 136:4,5,7 98:14,18,23 100:22 101:10 check 101:14,19260:5 261:13 87:12 88:17 92:2 126:1 cells checking 76:23 77:14,18 78:2 86:4 92:12,12 132:6 96:17,23 97:15,17,17,23 cheever 98:3,22 99:10,12,13 100:14 2:1,1 3:195:46:3,11,12 100:15,16,19 102:16,20 16:13 19:1323:1724:14 103:1,2 135:8,15 188:17 28:1 30:4 37:8 40:6 43:21 200:9 208:1,9,14,15 213:19 44:8 45:14 46:14 49:16 214:2,3,10 221:18 222:2 54:10 59:5 60:16 70:8 241:8,10,12,16,19,21 260:4 74:16 77:9 78:12 84:1 92:1 260:10,15,20 261:12 262:1 93:18 95:15 97:5 100:13 263:10 102:13,19 103:9,22 105:23 cement 109:19 110:5,15 111:1,18 46:19 114:9,22 117:12,20 118:7 center 118:21 120:8 125:9,17 3:7 12:3 60:22 63:6,12 127:13 129:11,14 131:4 central 133:4 136:15 140:5,18 276:17 141:21 143:8 144:21 145:7 certain 146:19 147:12,18 148:3 32:9 112:14 166:12 232:3 149:18 150:12 151:23 247:16 270:20 152:6 153:21 154:9 155:8 certainly 156:12 157:6 159:15 70:23 113:4 117:9 130:8 160:12 161:5 166:7,18 140:19 143:22 145:17 168:21 169:14,17 172:3 150:7 166:4 174:22 173:3,21 176:13 179:5 certificate 181:8 182:23 184:1,14,19 3:15 189:7 190:20 191:5,10 192:2 193:4 194:10 196:19 HARTOLDMONO014079 [cheever - composites] cheever (cont.) chuck closed commercial 203:17 204:6 206:3,21 63:9 76:23 77:2,13,17,21 78:2 125:15 207:6 208:5,13 216:3,22 church 98:16 102:16 103:2 133:14 commercially 219:17 222:20 223:15 2:1 279:15 280:6,7 281:3,5 161:3 200:9 221:23 241:10 53:8 224:16 226:17 228:14 281:7,14 282:5 283:22 241:12,16,19,21 244:15,21 commingle 230:4,15 231:8 233:21 churches 245:9 259:14,21 260:9 46:23 238:5,9,11 239:7 240:14 106:7 237:17 261:14 commission 243:8 249:21 250:21 circuit closely 17:11 70:1 286:23 258:16 261:7,23 262:2 2:1 235:1 commissioner 263:3 269:18 272:19 circumferential closing 2:1 5:6,23 274:14 277:1 280:18 78:5 234:17 committees chemical circumstances closure 280:8,8 16:12,18 23:3,8,23 37:13 265:3 221:9,17,18 222:3 259:13 common 37:23 39:12,17 43:22 46:11 citizen closures 190:16 270:17 54:20 55:5 86:14,14 90:3 236:11 197:21 communication 93:9 110:21 112:20 118:9 citizens club 234:20 149:3 156:18 163:13 236:12 279:15 281:11 282:7 communities 172:23 173:4,6 174:5 176:7 city 283:20 149:22 171:19 176:17 191:18 200:3 205:4 32:8,8,11 38:22 73:19 74:1 clubs community 210:17211:12,22 212:2,2 74:5,5 81:6 91:16 121:17 279:8 284:10 106:6 115:21 149:23 150:4 212:14 219:20 250:9 253:4 133:21,22 235:15 236:3,7 Clydesdale 150:8,9 237:21 262:4 266:18 269:8 270:13 236:12,14,15,17 104:16 108:7 150:6 compacted 270:13 273:12 city's co2 135:11 chemically 75:3 38:2 81:5 274:5 companies 82:17 civic coached 173:5 269:6 chemicals 279:8 280:4,5 279:17 company 256:14,16 civil code 2:1 7:17 11:16,19,21 21:21 chemist 2:1 41:17 48:12 264:23 252:15,15 21:23 23:8,23 24:2 26:22 72:8 266:21 267:2 coincidental 30:1 41:15 56:23 59:7,22 chert civitan 240:1 60:3 65:8 74:21 112:9,20 127:20 282:9 coldwater 112:20 125:4 128:4 129:12 chickens clarify 134:21 215:12 223:23 141:18 142:1 163:13 168:7 112:23 203:13 240:6 242:16 244:3,7 245:1 185:20 191:18 198:14,15 chief class collect 198:16 200:3,4 209:12,21 72:8 80:14 139:12 197:16 207:19 279:16 84:6 248:1 275:22 210:6,10,11,18,21 211:5,12 211:9 243:13 259:1 classes collected 211:16,18,20,22 212:2,2,13 child 33:7 215:1 268:5 277:6 212:14 219:21 233:20 285:10 classified collection 238:17 249:22 254:19 children 223:9 214:1,8 262:4 269:1 277:18,19 284:9 285:11 clay combination 278:13 chloride 135:11,12 31:10 122:22,23 company's 26:16,17,18 256:10,16 clean combine 269:8 chlorinated 203:18 62:17 compensation 222:10 223:3,4,8,10,12 cleaned combined 33:7,9 choccolocco 184:23 62:11,15,16 110:9 complete 13:14,22,23 103:13 117:14 cleanup combustion 34:7 186:13 117:23 121:19,22 122:6,7 168:19 197:21,22 199:9,10 47:13 90:8 274:4 completeness 142:11 143:6 145:11 153:9 clear comfortable 186:8 153:16 154:15,20 155:21 22:20 72:4 compliance 159:17,18 194:6 196:7,14 clearer coming 5:13 66:11 73:5,10 87:12 196:15 250:12 12:18 40:13,18 134:15 143:18 110:7 choose clip 159:2 223:22 241:17 242:9 comply 258:6 208:23 commencing 66:15 chose close 2:1 composites 52:2,3 49:12 217:18 236:22 commerce 90:12,19 237:22 281:20 HARTOLDMONO014080 [compound - cost] compound 266:18 comprise 260:8 computer 286:8 concentrated 32:13 35:9,13 207:5 208:8 concentration 233:5 concentrations 206:11 247:16 conceptualize 116:3 concern 112:11 138:14 141:13 142:7 144:9 161:17,18 185:9 219:4 240:5 242:15 244:5,20 concerned 122:4 215:17,22 216:4 237:8,10 244:14 concerns 217:20 234:3 235:22 244:1 concluded 285:20 conclusion 185:13 222:12,19,21 conclusions 222:17 246:22 conditions 74:23 conduct 218:19 246:17 conducted 31:9 269:5 confines 124:22 confirm 215:14 confluence 180:3,15,18 confuse 145:17 confused 145:16 confusing 13:8 congress 23:11 connect 156:3 connected 19:15,15 227:17 286:13 Connecticut 28:5 34:5 connecting 190:9 connection 15:12 17:15,21 21:2,14 23:19 57:3 59:8,15 73:13 76:1 77:7,16 78:1 135:5 154:16 160:14 164:23 229:1 275:1 consequence 264:20 conservation 44:3 154:16 250:11 consider 99:14 115:11 118:19 126:9 considerably 204:5 consideration 166:23 considered 126:7 202:2 205:7,10 consisted 105:12 consolidating 212:23 consolidation 212:17 constantly 29:18 constituents 81:5 constructed 85:10,15 construction 58:21 consult 6:21 consultants 31:15,23 32:6,8 135:17 contact 64:19 177:23 178:2,3,4 192:21 193:2,3,5,8 206:19 231:1 243:17 contacted 178:8,10,12 contained 85:14 205:18,21 286:5 container 84:10 85:3,6,8 containers 82:4 84:5,22 containment 131:18 contaminant 144:19 247:5 contaminants 127:11 132:7 134:5 224:13 contaminants (cont.) 247:8,20 contaminated 82:17 97:21 105:20 115:7 115:23 156:22 199:16 200:10,16 203:22 204:13 204:14 216:14 229:12,17 238:2,3 247:6,23 248:10 251:20 252:8 253:4 254:9 255:7 256:4 257:10 259:7 261:15 265:23 contaminating 59:20 contamination 122:5 141:19 142:2 144:16 145:10 217:6 244:2 247:1 248:18 268:8,11 contention 183:18 184:18 continuation 106:11 continue 53:7 116:15 277:23 continued 72:11 continuing 128:10 contract 247:15 contracting 53:13,17 contractor 216:19 contributed 250:15 contributing 236:6 contributions 176:1 control 9:12 26:2 33:2,4 35:14 36:19 70:14 72:22 89:16 157:19,21 175:23 205:14 213:22 230:21 243:3 controlling 50:20 controversy 286:16 convenient 32:11 conventional 38:13 conversation 18:14 20:8 64:14 96:7 256:21 conversations 7:7 64:10 102:4 111:16 169:2 236:3 conveyed 40:21 convoluted 95:10 cooper 182:17 coordinator 8:19 62:5,14 coosa 122:1 copied 186:10 copy 96:15 158:9 176:12 182:17 corbett 209:10 corner 158:4 corporate 9:1 21:3 35:16 36:20,22 39:7 42:7 48:3,11,15 52:10 52:12,15 57:9 61:6 62:20 65:5,19 66:15,15 95:3,21 96:6 171:18 195:3 219:13 224:19 236:11,12 276:20 276:20 277:6,9 278:16 corporation 53:19 198:13,15 199:22 209:19 correct 27:9,17 33:22,23 43:15 123:8 139:15,16 145:7 146:18 161:22 166:2 169:12 174:21 177:16,17 177:20 179:12,17,19 198:10,21 200:5,6 212:7,15 212:16 213:9 221:5 224:20 224:21 230:3 232:7,8 242:17,22 255:3,10,15 256:2,5,13 261:18,21 269:2 274:21 275:3,10,11 correction 218:23 corrections 190:12 correctly 207:20 correlation 155:17 cost 52:11 53:6 167:23 203:23 204:4,5 214:19,21 220:23 221:1,22 HARTOLDMONO014081 [costs - depending] costs creek d dealt (cont.) 53:2 198:18 199:23 200:1 13:14,15,22,23 15:6,7 17:2 d80 69:15 73:4,8 74:7 265:22 cotton 17:3 103:13,14 108:20,22 252:15 death 205:15 117:14,23 118:1 120:17 daily 30:6 207:10,21 247:14 council 121:3,8,10,13,19,22 122:6 90:18 deborah 282:22 283:1 122:6,6,7 125:9,12,12,19 damaged 2:1 5:5 286:21 counsel 142:10,11 143:6 144:18,18 22:3 23:20 debris 5:3,17,18 145:11,11,21 146:12,13 dan 58:21 105:19 254:9 255:8 counterpart 149:9 150:12 153:10,16,16 211:3 256:4 257:10 265:23 211:21 154:15,20 155:22 157:2 dance december countryside 159:17,18,19,23 160:15,19 281:11 229:7 206:1 161:21 162:2 163:16 165:1 daniel decide county 165:2 166:12,13 174:15 182:17 170:8 2:1 261:10 286:19 179:6,10 180:3,9,12,13,16 danner decision couple 180:18,21 181:2 184:4,23 175:1 42:22 52:10,16,21,23 10:16 11:7,23 30:13 88:7 187:17 190:6,15 194:6,7 data dedicated 283:12 196:8,15,16218:10219:19 14:6 15:3,13 161:15 162:18 40:16 course 250:12 207:14 217:8 228:10 deemed 28:2,6,8 29:4 30:4 34:4,12 criminal 235:13 268:3 276:1,23 98:15 215:10 222:9 264:23 266:21 267:2 277:3,5,16 deep courses crop database 215:5 223:17 239:17 25:2 27:22 28:1,11,14 29:3 212:10 276:2 278:16 246:18 29:11 30:11,12 31:2 32:9 cropped date deerpark 35:1,2,18 36:1,3 193:10 12:4 158:2 278:10 54:5,12 court crops dated defendants 2:1 5:14 7:4 206:8 163:10 167:6 182:13 209:2 2:1 3:5 cover csr 222:9 227:13 239:10 251:8 defined 33:15 187:9,12,19 198:17 5:5 257:15 268:20,22 269:19 44:2 100:21 150:7 262:7 198:19 culvert dates degree covered 104:8,21 106:20 12:11 37:5 24:18 25:3 47:18,23 24:3 60:19 127:5,7,9,16 Cunningham daughter degrees 187:4 63:8 284:12 47:17 covers curious dave delivery 188:3 191:4,6 67:8 40:23 cox current david demise 3:6 13:1 22:10,19 65:3 7:138:1633:1444:13 171:22 212:21 70:21,22 77:12 98:1,2 51:20 57:12 66:10 76:15 day democrats 104:15 110:12,22 111:2,21 78:14 79:6 118:12,12 55:20,20 66:10,10 71:23,23 283:5 120:14 121:2 128:13 119:11 122:13,13 129:5 88:6,11,15 235:5,5 286:20 dempsey 141:23 142:13 146:8 151:9 140:11 158:16 159:1,13 days 281:15,17 152:11 153:4 161:10 199:18 226:12 278:3 30:13,14,15 88:7,8 90:14 denner 169:19 172:10,19 177:1 currently dayton 67:8 171:22 173:16,22 184:16 186:7 190:7,21 8:15 79:12 94:18 105:16 12:16 13:10 16:14 175:1,1,16 176:19 177:7,22 194:11 200:13,18213:13 197:16 deal 178:4 258:22 214:6 217:12 230:5 231:5 customers 11:1369:1970:773:12 dennis 239:12 242:4 243:12,17 56:9 274:16 158:16,17 170:15 199:17 193:17 244:12 267:18 268:11,23 cut 243:12 department 269:13 270:4 272:4 77:9 189:21 dealing 67:22 70:3 154:17 164:10 crack cute 70:20 72:1 73:17 74:8 165:7 171:16 182:18 242:2 95:17 250:8,19 219:15 240:20 250:21 create cutting dealings 259:3 266:9,23 39:22 248:14 253:10 77:4 172:20 74:14 depend created cv deals 265:17 236:23 2:1 209:3 depending credit cyldesdale dealt 88:8 273:22 104:17 9:9 11:11 28:11,12,17 64:3 HARTOLDMONO014082 [depends - drainage] depends devine discharged district 58:19 182:15 81:6 285:18 depicted devise discharges ditch 126:22 135:8 151:15 185:18,22 74:1 157:22 104:20 106:12,18 107:7 deposed dialogue disciplines 108:1,5 109:12,14 110:18 19:21 21:20 263:8 264:10 48:10 125:13 144:17 180:14,16 deposit dick discontinued 233:6 84:13 50:3,4 202:5 ditches deposition dielectric discover 104:6 191:9 2:1,1 5:4,10,11,20 6:15 7:9 112:2 155:13 264:5 division 9:21 10:14 18:22 19:18 difference discovered 93:12 182:16210:18259:2 22:8,16,21 24:10 96:14 257:14 261:22,23 262:6 265:13 doctor 100:5 120:7 285:20 286:2 different discovery 24:23 276:11 depositions 31:17 36:1 80:1,3,4,6 150:10 doctorate 5:14 19:10 105:15 195:6,7 222:17 discussing 24:22 depressed 263:13 95:1 document 246:7 differentiate discussion 10:21,23 11:5,16,20 15:8 describe 222:3 44:7 54:9 94:10 255:6 57:5 168:18 185:17,18,22 259:9 difficult 279:4 186:6,13,14 188:21 201:4,8 described 95:19 discussions 209:2 218:16 224:16 225:2 260:5 dig 135:16 225:3,4 227:15 239:10 design 203:22 dismantle 240:10 243:1 257:4 258:19 9:2,12 28:20 36:19,23 38:6 diluted 220:20 267:22 38:6,20 39:1 40:12 42:11 206:2,6 dismantled documentation 42:13,20 52:1,8 61:8 dinner 58:23 11:1951:5 259:14 194:19 174:23 175:11,18 176:9 dismantlement documents designated dinners 227:2 228:3,16 9:20 10:11,13 11:7 12:14 265:9 176:17 dismantling 13:18 14:5,9 15:1 16:6,7 designation dioxin 221:1 226:20 17:7,13,17 18:4,6,10,12,16 255:23 270:7,23 271:13 displaced 18:18,19 20:2 24:8 51:3 designed dioxins 39:10 40:20 56:2 113:13,20 212:18 40:23 41:2 51:20 269:7,12,20 270:11 271:19 disposal 251:8 259:11 260:8 265:6 designing 272:10 52:14 57:12 58:8,17 82:6 265:10,20 278:14 37:9 43:9 48:19 direct 124:8,18 126:11 128:23 doing details 63:4 67:22 80:12 91:13 132:13,16,19 133:13 53:10 68:15 80:16 90:1 183:14,20 155:17 270:6 136:18 137:21 138:5 91:5 116:18 118:19 136:9 detected direction 199:16 240:16 252:18 169:15,23 201:6 214:22 268:9 47:1,3 107:5 109:9 131:16 253:8 230:6,11 239:22 243:16 deterioration directly dispose 245:16,17 250:17 271:20 51:7 14:21 84:11 123:9 144:2 43:14 44:11 56:8,16 57:4 278:11 determination 150:23 156:3 170:13,17 226:23 229:11 261:8 dollars 147:11 149:14217:15 director disposed 45:20,23 determinations 63:6,14 64:18 164:9 165:6 51:15 82:6 128:16 129:8 don 75:2 214:23 182:16210:4,16211:3 200:15 252:13,16 255:12 172:16 175:16 176:21 determine directors 256:12 257:12 259:20 177:6 159:11 207:15 63:10,11 disposing donald determined disagreement 51:11 76:14 105:16 119:14 3:3 6:12 151:9 190:9 53:5 267:20 147:4,16 229:20 230:11 downsizing detoxify disapproved 260:19 65:6 37:22 178:21 dispute dr develop disbanded 180:23 113:14 199:21 62:11 distance drain developed discharge 180:1,16 232:6,10,21 167:21 47:3 76:9 90:11,16 91:13 distinction drainage device 91:13,15 134:14,19 232:5 257:13,18 262:9 104:5,20 125:10,12 191:9 41:2,3 245:2 HARTOLDMONO014083 [drake - escaped] drake east elmer enterprise 281:9 99:19 100:14 103:23 113:15 32:7 draw 104:11 106:1 108:6 150:4 emelle enters 222:17,19 237:18 146:15,17 156:18 160:21 120:17 drawer eastern 161:9 168:9 181:12 203:23 entities 107:2 106:14 107:23 108:5 256:17 31:6 dredge economic emission entitled 168:3 250:11 52:21 148:11 157:19 159:11 185:19 222:6 dredging ed emissions entity 13:21 14:15250:10 67:2 182:19 279:20 139:19 140:10 23:12,14 drilled edge emit enunciated 225:8 100:10 233:8 141:2 148:5 238:14,18 drinkard educational emmett environment 113:8,11 24:14 113:14,15 26:8 59:9 65:21 112:16 driver effect employed 141:3 158:1 189:4 230:23 246:16 5:12 66:13 139:20 140:2,4 22:6,6 278:13 environmental drug 145:3,4,15 207:4 215:19 employee 8:12,14,189:1,11 12:2 25:2 176:20 230:14,15,17 21:21,23 23:22 114:12 26:1,2,3,20,21 27:7,20 drum effectiveness 216:9 275:13 276:1 286:15 28:12,13,13,20 32:2 38:18 46:17 82:4 246:2 employees 42:8,11 48:3 50:22 53:21 drummed effluent 19:6,7 65:13 113:16 149:21 56:22 60:11 61:7,15 62:4,7 84:15 74:4,4 157:19 159:11 276:10 278:5 62:9,13 66:7,12 67:13,17 dsw effort employer 67:18 69:7,8,9,10 70:3 222:5 228:1 82:20 161:18 190:14 7:14 71:20 72:21 79:6 83:17 dug 191:16 encourage 96:8 110:1,20 118:8 130:19 55:10 224:2 efforts 32:4 133:8 136:6 146:21 164:10 duly 176:21 227:4 endanger 165:7 168:17 177:11 6:4 286:3 eight 157:23 182:19 192:23 193:6,14,18 dumb 4:6 132:2 167:3,6 175:5 endeavor 194:15,18 209:4,18 210:8,9 219:16 177:19 215:8 218:4 232:15 8:5 211:19212:1,3,9 213:6,22 dump 283:10 ended 218:13,23,23 219:5 222:7 84:18,19 eighteen 63:9,15 125:11 224:18 228:19 229:4 dumped 4:11 47:17 251:4,6,10 ends 230:18,19 231:13 233:23 85:7 257:1 266:4 121:18,23 235:11 240:20 259:3 262:3 dumpster either engaged 266:9 267:1,16,19 271:8,10 84:5,9,20,21,23 17:8,10,14,17 19:6,1621:2 146:22 environmentally duplicate 21:5 28:9 40:10,20 64:10 engineer 237:1 258:21 88:14 92:2 106:9 109:22 25:18 26:11 27:6 38:19 epa duration 196:9 216:19 217:15 243:7 109:18 50:19,19,22 51:1,2 73:12 65:8 243:9 244:11 247:2 251:14 engineering 114:15 123:4,13 168:18,20 duties 252:12 260:5 270:6 8:11,13 9:2 24:18,1925:2 169:4,5 182:5 183:9,18 68:7,11 69:12 electrical 25:19 28:13,14 35:16 36:20 184:2,13 191:21 231:6 e 48:13 112:3 119:3 148:19 earlier 56:7 77:20 132:12 136:17 145:6,9 154:11 155:11 149:4 155:13 229:12 230:12 elementary 185:7 193:16 204:10 205:2 279:11 21415 21511 220 4 223:19 241:4 elevations 246:12 early 26:4 27:12 34:14 43:5 52:1 55:12 59:10,11 60:9 112:6 eleven 4:8 186:4,21 233:1 eleventh 21521 2417 easily 180:4,5 ellisville 254:22 9:17 39:7 48:10,11 60:2,6 61:6 65:5 72:20 engineers 38:641:1748:12,13,14 65:7 enjoy 65:22 ensure 149:20 152:21 entail 66:6 204:8 enter 275:22 240:22 241:13,16,17 242:9 242:9 251:13,14,16 266:6 268:12 269:4 270:10 epa's 246:19 267:3 equipment 22:2 38:7,8 49:1 112:3 119:4 148:20 155:14 230:12 erap 218:12,18219:11 escaped 123:11 HARTOLDMONO014084 [escaping - fence] escaping excuse expires fairness 123:16 189:19 7:22 63:14 94:23 202:9 286:23 256:3 esq 220:14 explain familiar 3:3,6,9 execute 46:3,9,10,13 85:2 56:9,14 57:15 71:17 72:5 essentially 220:3 explained 97:2 106:1 116:20 120:18 38:13 41:21 44:4 80:5 executed 78:22 136:8,15 138:17 139:4,8 established 107:9 162:19 explanation 157:11 163:19 165:9 56:5 78:10 229:23 executive 51:9,10 186:23 197:19201:11 estimated 139:12 197:17211:9 explode 209:1 216:10 225:17 239:3 198:9 203:4 exhibit 230:2 239:9 247:3,8 259:8 267:4 et 92:18 96:13 100:4,4 106:19 exposed 267:13 277:4 2:1,1 77:5 112:4 107:13,16 108:3 109:2,6 127:11 familiarity ethyl 114:3 115:4 119:20,21 exposure 15:18 79:17 120:13 126:13,15,18,23 207:18 275:23 familiarized etowah 131:7 135:9 138:21 142:6 expressed 167:16 286:19 151:16 157:7,8 163:5,6,11 144:9 185:10 235:23 family evaluate 164:13,15 167:2,5,13 175:4 expunged 83:4 246:7,7 278:2 175:7 177:19 181:18,21 116:13 far evaluation 186:4,20 196:23 197:3,8 extension 88:16 93:21 118:18 122:3 243:2 246:18 208:18,21 214:14 222:7 28:4 34:4 131:12 153:9 217:1 270:16 evaluations 227:6,11 228:17231:12,19 extracted 278:18 246:23 239:1,4,8 243:1 249:11,18 131:20 fashion event 251:9 256:23 257:2,5 f 97:11 143:21 123:19 184:3 258:13 260:9 266:3,8 267:7 facilitate fault events 156:3 eventually 63:15 121:18 everybody 267:11 268:16 272:13 275:4,8 exhibits 4:16,17251:3 existed 220:8 facilities 40:9 53:8 54:15 55:18 58:22 63:18 74:19 76:2 94:13 118:13 119:11 223:23 faust 20:14 feasibility 52:11 112:9 142:23 59:17 165:3 195:14 193:23 218:21 269:10 features evidence existence 5:21 143:18 152:12 189:18 229:22 189:18 190:2,8 existing exact 94:13 124:9,19 183:12 12:10 37:5 49:9 58:1,14 222:2 facility 34:23 37:1,14,18 38:12,23 40:9 50:2 56:16 66:9 76:5 86:22 88:15 90:17 123:22 126:7 141:6 150:22 162:15 246:10 february 9:1561:8,10,1762:23 65:1 158:5 164:19 199:11 209:3 224:2 146:9 183:14 exists 183:13 202:13 220:15 fed exactly 169:18 11:9 27:13 34:15 40:12 expanded 44:23 47:16 54:21 58:13 38:11 59:11 66:6 67:19 106:21 expanding 144:4 147:18 151:4 158:15 38:15 226:21 237:22 248:3 251:11 254:16 255:20 258:17 259:21 262:11 263:13 264:12 268:7 fact 134:15 federal 17:8,21 51:2 66:14 73:11 122:21 123:6 231:7 265:18 267:3 166:17 201:20 203:6 207:15 209:14,20 217:7 224:6 231:22 232:3 254:3 262:19 285:9 examination expansion 37:2,10 expect 204:4 expected 56:15 60:5 85:22 93:11 105:20 110:9,10 112:11 121:7 133:13 153:14,22 157:1 184:1 187:8 195:9 204:5 216:5 222:21 228:9 feed 46:20 215:12 feeds 134:20 223:23 feet 6:7 275:14 examined 6:5 276:11 221:6 expenditures 199:20 232:22 236:5 244:14 252:12 271:7,11 facts 132:2 135:1,3 179:5,12 180:2,3,9,17 181:2,4,5,12 181:13 example 273:15 exceeded 146:6 273:20 excess expense 204:8 experience 108:4 249:21 260:17 264:4 expertise 250:16 fair 114:8 125:16 130:5 201:18 203:17 242:1 271:22 fairly fell 242:2 fellows 234:8 fence 45:22 220:8,19,20 32:19 71:17 192:22 196:8 206:19 124:19 127:19,22 137:19 207:5 208:7 225:1 226:7 HARTOLDMONO014085 [field - gentleman] field five (cont.) former function 27:16 187:5 275:17 136:18216:9 72:20,21,22 fields flowed forth funds 205:15 210:3,4 104:11,19 125:2 2:1 66:16 198:17218:19219:3,12 fifteen flowing fossil 220:2 236:7 4:10 180:2,11,17 231:20 104:3 131:15 90:8 further 271:15 flows found 47:10 100:9 243:2 286:12 fifth 121:16 110:18 117:13,23 144:20 future 152:18 fluid 145:20 149:9 155:21 162:2 51:23 198:19 213:5 222:8 fifty 155:13 272:23 165:19 166:11 190:5 222:13 224:12 225:15 146:6 166:4 179:5,12 180:8 fluids 191:14 192:5 195:10,19 229:18 234:4,10 235:7 181:2,12,13 112:3 273:19,20 196:7,9,13 247:9 249:2 236:4 237:11 238:1,4 figure focus 266:15 fuzzy 252:10,11 35:17 foundation 233:2 file foggiest 190:22 g 50:13 51:4 196:1 172:18271:5 foundries gadsden filed folks 236:19 2:1 286:19 51:5 123:1 219:10 258:20 17:11 281:12 259:19 follow four 4:4,14 9:3 65:20 90:12 gallon 220:12 232:15 filing 5:23 finally 15:23 194:2 followed 46:7 148:4 138:22 159:8 160:6,7 177:15 212:3 215:2 224:12 228:3,6 229:12 245:7 garrett 2:1 5:5 286:21 garrity 174:13,19 financial following 245:6 269:10 275:5,8,16 fourteen 135:16 gasses 3:7 218:18281:10 financially 220:5 follows 6:5 121:22 food 4:9 183:23 227:7,11 fourth 152:19 168:13213:15 47:9 90:7 geared 94:11 find 147:11,18 148:10 160:7 38:1 foot frame 12:5,7,8,9 34:16 37:4 39:6 gene 283:11 216:1 239:21 264:15 215:9 55:12 56:7 136:11 147:5 general finding 163:15 192:6 247:20 findings 123:10 finish force 5:12 64:5 foregoing 286:9 foresman 170:11 285:8 framed 117:19 franklin 3:7 30:7 62:9 105:19 114:11 145:19 160:1,4 161:16,19 162:5,9,12 164:1 166:14,23 170:15,19 175:2,12 177:23 178:20 182:1 184:8 261:4 172:19 193:15 frankly generalist finished 79:3 174:19 fire 46:21 first forget 63:15 forgot 262:18 forgotten 28:7 fred 243:20 frequency 30:9 87:10,20,21 91:1 9:10 generally 8:7,9 30:12 169:16 general's 144:11 163:15 165:15 6:4 25:5,12 43:1,3,4,6 57:1759:1260:11 70:13 72:2 79:14 80:22 94:1 101:20 133:19 139:9 158:11,15 175:15 176:10 241:14 fork 282:7 form 5:1877:12 105:10,11,15 frequent 30:3 192:22 193:2 friend 280:23 281:9,18 283:6 friends 177:10 178:13 184:9 191:21 generate 57:18 90:6 generated 199:7 240:10 279:14 280:9 110:12,22 128:13 141:23 280:17 281:8 283:13 11:16,17 17:8,17,20 94:5,8 286:3 fish 142:13 152:11 161:10 169:19 184:16 190:7,21 284:22 friendship 94:22 95:7 96:2 101:23 105:21 225:13 254:23 117:13,23 141:18 194:6 196:7 fishing 194:11 206:2,6,19 207:6,22 279:16 208:7,8 230:5 242:4 272:4 front formally 108:10 252:8 260:13 generation 101:7 143:5 five 145:3 238:18 formed fuel 46:20 90:8 91:9 274:1 generator 90:6 251:10 270:20 4:5 45:22 47:22 50:19 51:2 230:10 full gentleman 145:13 157:7,9 177:15 5:12 67:3 84:9 98:15 20:8 63:5 74:9 113:8 136:4 HARTOLDMONO014086 [gentleman - held] gentleman (cont.) going (cont.) gresnick handles 242:14 279:18 169:9 186:7 189:8 198:18 70:15 171:18 gentlemen 212:11,23 214:19,22 ground handling 63:13 196:5 225:6 226:9 215:18217:14,17220:17 78:4 91:20 92:3 129:18,20 49:7 71:20 147:4 252:15 233:22 248:21 251:6 255:3 264:10 131:12,13,15 132:4 133:18 happen geological 264:21 268:7 274:17 135:1,4,22 140:22 152:21 52:9 154:5 206:18,20 207:3 246:17 good 153:4,6 189:5 206:10,13 207:4 237:23 geologist 45:1660:1,1,5,5 68:16 214:8,23 217:19 222:11 happened 239:11 240:3,5 243:20 112:13 153:19 169:15 223:4,13,17 238:1 240:3 85:13 122:14 153:20,22 geologist's 190:18 280:17,22 281:8,9 243:4 246:8,12 247:6 248:1 169:11 174:10 178:15,18 239:16 283:13 248:6,11 253:10 262:12,23 252:14 256:11 259:11 getting goodness 268:8,10 happening 173:17 162:13 grounds 164:22 217:3 225:9 243:10 girl goods 5:19 happens 285:10 23:20 79:3 group 263:2 girls gotten 21:4 42:11 43:7,9 48:3 hard 285:12 122:5 49:19,19 52:3 61:8 65:14 115:22 116:2 222:3 give goursnick 171:3,10,17 173:17,19 hardy 24:13 31:5,11 45:2 60:17 70:16 174:4 175:19 176:19 70:12 85:16 98:1 137:2 172:4 govern 219:10,15 harm 273:22 208:4 groups 229:18 given governed 283:22,23 harness 7:9 9:8,23 18:13 22:9 23:19 159:3 guess 210:7,8 39:23 52:5 56:1 64:6 69:5,6 government 30:20 54:20 60:10 61:9 hartford 93:7 158:9 170:3 172:16 17:9,21 51:3 114:15 122:21 71:23 93:21 101:1 112:12 28:5 29:3 34:3,5 183:9 274:16 286:11 171:2,10,14,16 174:4 115:15,21 118:16 129:5 hazardous gives 175:19 176:18231:11 138:12 140:6 145:3,16 33:1 34:18 36:2,9 42:16 178:4 governmental 146:18 153:22 155:10 58:12 70:18 87:6,13 100:20 glen 23:12,1331:10 179:21 181:13 189:8 100:21,23 139:18 140:9 283:6 graddick 195:17207:14211:12 183:6 185:21 187:4 240:12 glenaddie 164:1 175:14 184:7 216:11 222:16 223:20 240:17 241:1 243:6,13 281:6 grade 228:10 231:3,18 239:21 251:10 253:7 259:6,20 go 220:22 232:17,22 241:2 249:7 263:19,20 262:7,10 263:17,17 268:6 20:20 25:8,12 27:11 30:18 gradient 281:17 head 32:4,8,10,15 47:6 60:15 246:8 guideline 71:5 80:14 71:6 77:14 88:7 98:21 graduate 57:9,14 157:12,15,16,18 headed 103:21,23 110:23 111:2 25:6 28:6 29:10 159:5 194:2 275:9 278:9 49:15 120:23 121:15 124:23 graduated guidelines headquarters 139:6,7 142:13 149:12 24:16 284:16 285:3,6,14,15 278:23 62:20 93:12 95:3,21 179:14,23 187:1 190:10 195:18 196:4 207:8 217:9 217:12,13 242:5 249:8 252:7 264:3 270:9 272:21 275:21 276:10 278:18 281:3,5 goal 139:20 140:1 142:20,21 goes grant 281:8 grass 77:5,9 127:9,23 189:21 grassed 127:17,18 grassy 127:10,18 gravel h habit 6:18 169:14 hal 209 10 half 165:22 179:9,17 181:9,11 218:4 283:10 health 8:14,18 33:12 62:5,7,9,13 157:23 275:13 276:1 278:1 278:5 healthy 236:15 heard 113:12 115:10 116:5,19 hearing 47:2,21 106:20 121:21 127:21 179:10 198:22 199:20 greater 236:16 273:7 281:7 53:6 going greensboro 29:18 35:15 46:4 51:9,11 3:11 51:1465:5,1871:1675:2 greg 78:16 102:23 105:5 110:6 164:11,20 179:7 111:7 120:9 143:15 162:18 158:4 286:18 hanrlprl 225:23 hanrllp 9416 237 12 handled 72:14 207:20 256:19 85:21 117:15 154:13 heart 162:13 heat 272:23 273:7,11,13,21 held 31:9 44:7 54:9 69:3 175:11 175:11 255:6 279:4 HARTOLDMONO014087 [helms - indicating] helms hook identification (cont.) incident 3:10 85:5 138:23 157:10 163:8 17:12,16 23:19 184:15 help hope 164:17 167:4 175:9 181:20 231:23 249:10 250:8 10:1775:11 229:7 281:1 186:22 197:2 208:20 227:8 incinerate helped horizontal 231:21 239:6 249:13 251:5 44:19 282:19 46:18 258:8,15 267:9 268:18 incinerated helpful horse 272:15 275:6 53:18 82:15 254:5,11 255:3 133:7,10 30:6 identified incinerating helping hotter 213:7 264:7,13 269:9 54:15 55:11 226:23 47:19 identify incineration hereto hour 100:2,9 278:1 43:16 52:13 58:5 82:13,18 4:17 257:3 90:12 idle 254:2,14 255:17 hereunto house 137:20 199:18 200:8,11 incinerator 286:17 52:12 201:11,14,14,16 202:2,13 39:2 41:5,23 42:15,17 hey huh 202:18 203:8,14,16,19 43:10 44:9 45:13 46:5 47:8 65:22 234:8 14:4 15:20 16:9 18:17 232:19,19 48:22,23 49:2 52:3,4,9 56:3 hierarchy 32:18 33:21 34:20 43:2,11 idled 56:15 57:10 58:8,14 59:2 43:1769:11 73:1475:19 201:19 incinerators high 114:13 131:9 134:2 138:9 ignorant 38:21 39:9 54:11 53:2 58:2 145:20 165:19 139:3,23 140:7 157:20 43:22 46:11 include 196:8,16 208:7 279:12 159:9 166:1 167:9,11 iii 98:22 282:12 284:12 285:15 176:11,23 177:12 180:22 3:6 included higher 197:13 203:20 215:4 221:8 illinois 240:12 47:7,10 166:12,13 273:13 224:9,15 227:12,22 228:5 38:23 42:12,19 50:10,18,19 including highway 240:8 244:10 249:14 50:21 51:1 42:21 84:12 85:23 86:8,9 214:11 254:10 256:9 257:8,11 imagine incorporated 259:16 268:2 269:16 274:12 147:9 7:15 197:18211:10 hill 275:18 276:3 278:6 immediate incorrect 2:1 281:6 human 66:3 27:9 179:18 hines 206:20 229:23 immediately increase 63:10 hundred 66:17 68:14 hired 47:17,22 135:1 180:1,2,11 impact incumbent 32:5 66:2 180:17 181:4,5 215:9,9 215:15,23 217:21 148:16 historic hydrocarbon implementation indian 219:8 223:8,10 178:16 25:15,1626:1561:4 historical hydrocarbons implementing indicate 94:17 95:2 193:22 219:23 222:10 223:3,5,13 178:1 57:15 141:12219:18 historically hydrogeological important 259:19 95:23 147:15 195:10,17 246:17 102:18,22 103:1 110:5,19 indicated history hydrology 111:10 115:12,16 118:5,18 21:1923:1832:1552:15 8:8 60:18 85:16 92:23 93:1 131:5 134:12 136:16,19 130:18,23 131:1 134:3,10 56:3 57:6 60:18 61:1 73:9 93:6,7,19 111:11,16 192:3 hygiene 134:22 141:20 142:3,12 113:21 114:20 117:3 275:23 33:10278:11 143:2,7 148:16 152:7 136:17 144:15 160:13 hogs i 116:23 hold idea 24:13 30:8 31:6,11 49:11 31:6 150:9 173:11 284:1,10 64:22 105:8 127:13,15 holding 150:13 130:6 132:21 133:16 152:15 167:23 172:18 home 8:21 134:1 homes 176:4 179:13 181:17 213:20 225:15 239:20 271:5 106:6 honor identical 85:8 7:6 identification 4:17 92:20 107:15 126:17 248:20 impose 264:21 impoundment 245:9 impoundments 244:16 improvement 17:10 69:23 inactive 187:20 188:1 189:14 221:16 232:18 240:16 161:16 162:5 169:11 177:6 177:7 204:10 205:2 216:21 217:2 266:2,4 270:23 indicates 139:9,21 179:23 242:14 255:8 indicating 14:4 15:20 16:10 18:17 32:18 33:21 34:20 43:2,11 43:1769:11 75:1998:17 100:1 104:14,23 109:9 131:9 134:2 138:9 139:3,23 140:7 142:4,17 157:20 HARTOLDMONO014088 [indicating - kind] indicating (cont.) installation involved (cont.) job (cont.) 159:9 166:1 167:9,11 38:21 39:2 42:1 251:16 23:14 26:12 33:1,2,3,11 122:11 131:2 150:21 167:1 176:11,23 177:12 180:22 installed 37:7 38:17,20 39:13 42:13 193:1 197:13 203:20 215:4 221:8 42:18 43:18 43:1,4 45:18 46:12 55:20 jobs 224:9,15 227:12,22 228:5 installing 56:21 73:16 90:5 111:5 159:7 240:8 244:10 249:14 39:8 118:10 119:18 126:8 joe 254:10 256:9 257:8,11 instances 138:12,16 144:2,7 147:15 164:20 165:5 268:2 269:16 274:12 247:2 150:14,23 154:10,12 john 275:18 276:3 278:6 instrument 168:20 169:6,23 170:13,14 74:9,12231:14281:1 indication 48:14 170:17 171:9,14 183:16 joined 137:2 138:13 141:7,8 162:9 insure 184:2,6,12,14 185:11 226:7 43:7,8 121:8 158:8 216:12,16217:6 76:3 77:1,21 78:7 187:22 226:14,16,20 227:1 235:6 joins indirect 188:1 189:17 235:10 264:9 269:23 121:3 91:14 270:7 insuring involvement judge's individual 74:23 21:14 258:20 93:22 234:23 265:9 intact iowa judgment individuals 188:2 189:21 37:2,10 45:9,10 34:8 45:2 105:14 146:20 49:20 112:14 243:22 integrity irregardless july industrial 103:4 103:2 268:20,22 269:19 272:2 33:10 125:15278:11 interacted isom junction industry 70:15 279:19,20,22,23 104:12 28:16 31:8 148:18 interaction issue june influence 93:23 59:13 8:2 61:5 286:20 173:9 intercept issued jurevic informal 247:5,23 248:10 123:4 151:18 183:7 221:20 67:2 182:20 238:15 interceptor issues jury informally 131:17 246:3 247:2,4,21,22 71:21 177:11 212:10213:6 30:8 46:14 225:7 280:20 148:1 192:13 248:9 item k information interested 205:9 keep 114:9 118:6 141:11,12 65:18,23 275:16 286:16 j 95:15 193:22 220:21 150:16 154:3 155:2,4 156:2 interim 159:7 184:20 185:3 190:14 268:6 194:7 195:2 268:5 270:4 intermediate 276:16 83:3 97:20 101:6 informational intermediates jack keeping 20:11 214:21 Jacksonville kelly 134:16,17,20 223:22 279:7 3:9 113:14,15 120:6 279:12,14 280:9,10,15,16 kept 150:15 79:1781:14 283:12 105:4 195:19 initial 42:2 initially 104:2 initiate internal 234:16 interpreted 192:19 interrogatories jan 283:11 jane 284:8 january kids 285:16 kiln 42:16 46:7,17 47:1,2,6,9,15 49:1 51:15 245:6,8 246:1 278:4 innovative 38:9 inorganic 93:12 22:17 interrupt 151:10 interstate 121:23 61:20 139:22 143:23 148:5 kilns 163:10 164:2 49:4 jerry kind 20:9 66:5,17,22 68:21 69:1 10:1 21:3 23:6 26:7,11 72:3 80:11 85:19 93:21 27:22 29:22 30:8 31:6 inquiries interview 117:5 135:14 136:5,7 37:15 46:6,20,23 47:14 147:21 inside 65:15 66:1 78:21 introduced 268:23 jersey 51:10 54:13 58:6,16 59:1,3 72:16 73:2 86:4 87:8,21 48:15 124:18 127:20,21,21 114:3 137:19 investigation inspection 263:13 264:12 54:4 jim 70:10 88:18 89:4 91:2 99:19 104:3,9,10,11,22 105:11 109:8 116:14 118:6 121:22 87:2,5 inspections investigators 163:14 job 27:1 65:15,16 66:6 68:16 123:23 129:3 133:6 136:10 144:7 150:1 169:15 174:23 87:7 88:4,6 243:23 involved 71:10 72:16 79:8 97:9 209:15 232:19 259:18 7:12 14:20 16:12,18 22:1,7 103:11,11 114:18,22 269:23 273:4 281:13 HARTOLDMONO014089 [kinds - light] kinds know (cont.) landfill (cont.) leading 36:1 44:10 79:5 111:6 240:11 242:7 246:20 130:21 131:6,8,11 132:23 5:18 17:3 148:19,20 171:21 204:7,11 247:18 251:18 252:13 133:17 134:6,12 135:21 league 204:21 229:9 235:7 236:8 253:6,12,15,16 254:4,13,15 136:16 137:4 140:12 142:5 279:17 283:22,23 255:18 256:10 258:3,5 142:8,9 143:17 146:16,23 leaking kitty 268:10,13,14 269:17,21 149:13 151:13,15,20 189:2 279:11 274:13 276:4,22 277:2,10 152:13 153:1 155:19 156:1 learn kneisel 278:8,18,21,23 280:21 156:6,9,13,15,19 158:19,23 93:1 94:2,3 164:11,20 179:7 282:18 285:2,13 159:3 160:20 161:1,3 168:7 learned kneisel's knowing 187:9,12,13,20 188:12,12 159:16 179:7,15 122:4 154:8 188:17 189:2 190:5,13,19 leave knew knowledge 191:1,8,10 198:8 200:17 20:17 24:3 204:19 263:11 14:22 64:13 71:6 93:3 33:6 102:21 114:10,11 202:8,10 203:4,10 204:16 leaving 111:19,23 119:5 125:17 125:8 154:4 185:3,8 204:7 208:2 213:19214:4,10,11 141:9,13 204:1 205:17 126:12 136:17 137:22 218:2 224:2 237:13,15 221:9,18,23 237:2 252:16 led 194:20 195:1 208:10 238:23 243:8 260:17,22 252:18 255:10,13,17,20 133:12 191:9 knife 270:22 271:18 278:3 259:15 260:2 lee 282:7 knowledgeable landfilled 71:4,13,14 knoll 225:1 59:4 81:17 83:16,20 left 127:18 known landfilling 20:16 21:6 44:10 55:3 know 26:14 42:14 50:17 93:9 59:18 205:1 120:6,10 170:12 206:9 6:23 12:12 13:1 18:8 21:18 129:7 141:17 191:11 landfills 218:4 258:17 36:10 39:18 40:5,11 50:7 219:11 76:12,16 119:16 122:17 legislation 52:19,22 54:18,21 55:8,15 knows 188:6 189:14,19 198:20 23:13 55:19,22 56:12 57:1,17 19:19 223:20 206:14 208:4,9 221:12,15 legislature 58:1659:1,6 64:12,19 71:3 krummrich 256:18 257:21 23:11 71:14231:7 71:12,14 73:1 78:13,19 42:19 43:18 44:15,18 45:7 large leigh 79:5,7,10 80:14 82:12 83:1 49:8 50:2 55:16,21 56:4,14 5:7 35:2,4 36:5 46:17 85:2 284:15 85:1,12 88:19,21 89:2 62:12,18 265:4 286:23 leighton 92:23 94:2,3 97:2,6 98:9 1 100:5 101:4 102:19,21,23 105:1 107:8 108:4,4,9 110:6,19 111:9,11 112:17 114:14,17,20 115:1,9,12,15 116:2,3,20 118:4,6 119:16 lab 11:23 12:5 labeled 100:17 laboratory 120:12 121:10,13,20 122:9 72:20 122:14 125:6,7,20 126:6,20 129:9,12 130:19 131:4 132:9 133:2,3,9,10 134:4 134:10,16,22 136:4 141:10 142:12 143:3,8,20 144:23 ladies 225:6 lake 122:1 lakes 143:6 145:12 147:3,6 152:8 153:9 155:9 156:1,4,11,20,21 158:13 122:1 larger 109:10 lasted 88:4,6 late 27:1236:11,13 112:6 laws 5:13 lawyer 96:14 lawyers 19:1463:16 layers 63:21 3:4 lengths 30:19 letter 163:9,10,17 164:2,6,8,14 164:19 165:3,12 167:6 175:10,16 176:12,14 177:22 178:14,16 179:7,15 179:20,21 182:9,13 183:9 183:17 193:16 197:9 203:8 226:14 227:13 267:17 268:20,22 269:4,14,19 271:2 272:10 lettering 159:6 165:5 169:21,21,22 171:8 172:8,11,11,13,15,22 173:14 176:3 178:19,23 58:17 108:1 125:3 128:22 205:14 259:2 266:10 270:22 272:1 layout 38:7 leach 182:22 183:21 184:17 landfill 237:3 185:1,2,4,15,16 188:5,14 191:12 198:1 200:14,21 55:8,10 57:22 60:7 75:13 75:16 76:11,23 77:16 78:6 leachate 214:1,8 202:11,17,19,19203:11,15 204:3 206:12 207:8 209:10 209:11 210:1,12213:20 81:17 83:21 84:4,7,12 87:15 89:10 91:21 98:7 99:11,15 102:7,14 103:21 leached 189:14 leaching 216:8,12,18 217:20 218:3 225:7,13,16 227:20 230:8,9 103:22 106:2,13 107:20 110:8,16 115:14 118:23 151:20 152:9 lead 231:22 232:11 234:11,12 123:12,16 124:1,5 125:1,19 80:12 154:4 155:3,4 234:14 237:5,14 239:20 126:2,10,20,22 127:3,16 58:15 level 21:3 28:6 42:7 48:4 68:14 73:11,11 165:19 195:4 215:9 217:19224:19 282:22 283:1 levels 110:17 145:20,23 146:1,4 166:4,11 196:8,16 246:9 levinskas 20:4 light 254:21 HARTOLDMONO014090 [lightfoot - mars] lightfoot location louisiana manager 3:7 85:8 86:8 118:15 124:10 54:5 49:22 66:21,23 67:3,8,23 limestone 149:8 156:20 201:22 low 68:21 69:2 171:12 182:22 133:6 205:19 276:17 273:14 193:6 194:13 211:19 265:8 limits locations lower managerial 105:22 54:1,2 112:7 107:21 205:3 73:2 line logan m managers 252:7 257:7 122:2 143:6 145:12 mac 49:21 63:11 67:6,10 175:20 lined long 198:12 193:14,18 194:9 212:1,4 136:23 7:18 27:15 29:2 30:12 maelik managing liners 46:1888:3 108:11 118:14 63:9 115:14 146:22 135:6 118:15 155:12 278:7,12 magnification mandatory linked 269:12 longer 47:11 128:20 201:23 116:6,7 mahoney 157:17 manifested liquid look 139:11 148:4 163:12 82:5 254:8 40:19 44:5,14 56:8,16 11:4 15:1,11 16:5,16 18:13 238:18 manufacture 259:6 26:6 52:10 58:17 76:20 mail 26:18 118:14 list 88:17,18 223:1 224:14 225:14,15 229:6,8 listed 255:21 listing 57:5 71:15205:11 96:15 142:6 120:12 131:6 159:8 167:12 139:1,5 175:5 182:14 maintain 179:14 186:6 196:4 197:4 209:1 213:11 227:19,21,23 227:23 234:8 245:4 267:12 33:6 151:14 maintained 76:6 77:4,22 103:3,4 272:20 looked 195:23 260:11 278:15 maintaining manufactured 78:23 94:14,19 95:5,23 112:1,8 147:8 195:11,16 201:22 202:1,21 manufacturers 49:2 173:7 manufacturing lists 10:13,20 11:22 12:19,20 124:21 129:2 43:23 44:13,13 45:5 49:4 57:10 13:18,19 15:9 99:22 100:3 maintenance 51:21 54:19,20 57:13 79:1 litigation 119:20 143:14212:17 26:6 110:8 79:11,12,13 80:4 83:15 165:13 little 265:21 271:4 looking major 32:12 45:4 199:8,10,19,21 94:13 105:19 112:5 124:10 137:20 140:15201:14,16 12:18 37:21 93:3 95:10 16:14 92:7 101:21 135:2 making 202:7 204:12 210:5,17 109:10 206:11 233:2 207:13 217:16 222:22 138:6 147:20 265:12 211:4 212:21 213:3 215:20 267:22 279:17 227:16 229:14 241:7 255:5 live 259:10 277:15 9:17 209:23 210:23 233:12 looks 279:6 280:18 283:12,14 163:18 lived losing 106:5 237:17 238:5 279:5,7 236:18 279:10 283:18 lost lives 208:6 man 50:2 70:11,11 manage 33:8 66:10 76:21 122:12 150:21 159:7 187:19 189:1 198:20 managed 189:20 218:21 219:7 220:1 252:22 map 96:22,22 100:10 107:1,17 107:19,21,23 121:2,4 march 171:4 175:18 176:9 222:9 margaret 281:2 233:15 lot management mark livestock 36:11 78:20 105:14 127:20 10:22 11:6 21:4 33:1 34:19 92:16 97:19,23 98:3 99:21 115:3,6,20,23 116:3 203:23 34:22 36:2,9 60:1,5,12 109:1,10 120:23 126:14 loaded 40:16 lott 231:15,15 62:11,16,17 70:4 75:20 88:13 91:23 95:1 118:11 138:20 157:7 marked loads loud 119:6 158:19,23 164:11 4:2,16 92:19 96:12 107:11 159:12 199:3 165:8 182:16,19 185:12,21 107:14 108:2 120:15 121:1 local louie 187:4,23 194:16 210:19 126:16 138:22 157:9 163:7 73:18 280:22 212:12 235:3 240:15,21,23 164:16 167:3 175:8 181:19 locate louis 240:23 244:16 245:10 186:3,21 197:1 208:19 148:17 248:23 2:1 5:7 6:1 8:20 9:18 20:22 259:3 261:12 262:6,11 227:7 231:20 239:5,8 located 42:15 43:12 44:22 45:6 263:16,18 264:6,14 266:10 249:12 251:5 258:14 267:8 53:23 54:18 74:20 75:8 61:19 62:21 63:1 95:4 267:1 268:7 268:17 272:14 275:5 84:6 86:1 95:8 96:17 99:17 110:1 192:1,23 193:6,9 107:18 124:13 149:2 150:4 196:1 209:23 210:23 managements 244:22 marriage 286:13 155:18 185:18208:1,10 278:15 285:16 management's mars 261:10 275:14 156:18 2:1 281:6 HARTOLDMONO014091 [martin - move] martin medium mid (cont.) monitor 122:2 143:6 145:12 273:13,21 68:2 107:22 191:22 74:3 129:15,18 martocci meet middle monitored 210:15 71:9 274:19 58:7 133:15218:6,7 241:6,11 mary meeting migrated monitoring 284:8 71:3 73:9 174:3,23 175:10 153:15 91:5,18,21 128:21 129:3,21 mason 175:11 176:6 237:21 migration 138:5 152:23 198:5 202:23 239:21 243:20,21 244:11 meetings 153:19225:11 203:2 206:13 214:2,9,12,20 244:20 71:4,7,9 150:9 174:9,12 mike 215:3 221:10 224:3 239:19 massachusetts 184:7 10:12 120:6 193:15 241:16 242:8,11 275:12 8:1 25:13 28:7 29:6 34:13 meets mile 278:12 matched 171:19 181:9,11 monkeys 258:7 mehi mileage 112:23 material 276:1 153:13 monsanto 40:7,16 44:4 47:5 58:4,19 member miles 2:1 7:17 8:4 12:23 14:18 63:18 79:20 83:9 98:12,19 41:14,16279:14281:22 153:12 165:22 179:9,17 19:6,16 21:5,21 22:6,12 112:2,12 169:10 190:1 282:1 miller 23:8,22 25:11 27:15 30:21 191:1,2 207:14 253:1 273:1 members 135:17 30:21 32:1,5 37:11 48:9,16 274:18 19:7 million 54:6,13 60:9 61:3 63:19 materials memo 45:22 146:6 156:5 166:5 81:1991:2 93:11 108:7 59:4 79:2,2 80:6 81:16 82:3 227:14 228:13,21 190:17 192:7 220:12 221:3 110:20 112:7,20 113:16,23 84:7 101:22 116:12 137:22 memory 232:15 114:12 116:22 118:8 156:22 168:4 189:19 10:1,17 109:7 114:7 207:13 millions 124:14 135:18 138:18 226:23 262:12,21 270:20 233:2 45:20 139:13,17 148:13,21 149:3 273:23 275:23 men's mind 149:20 154:17 157:18,22 mattaucci 279:15 14:11 53:22 186:11 161:11,17 163:13 165:15 210:16 mention mine 166:9 168:6 169:22 171:3 matter 202:16 281:10,18,18283:7 171:11 174:4 175:20 182:4 11:10,13,14 14:7,15 15:12 mentioned minute 184:21 185:19 188:7 19:20 28:10 55:17 57:4 18:3 31:14 33:19 34:17 266:21 191:18,23 192:12 194:1,4 160:16 182:6 286:16 47:20 61:4 68:9 69:4 77:20 minutes 198:13,16 200:2,3 209:19 matters 83:2 86:19 91:4,9,12 21:18 210:5,10,14,17211:4,12,15 31:17 33:5 132:12 155:11 196:6 211:8 missed 211:20 216:9,13,19,20 mayausky 218:9 231:10,12232:14 189:9 218:21 219:20 220:10 20:11 266:20 missionary 233:22 236:2 240:11 245:6 mcdonald mentions 2:1 281:7 250:4,9 261:3 262:3 269:8 280:22 224:14 missouri 273:1 275:10 276:20 mean met 2:1 5:7 6:1 9:17 monsanto's 8:5 21:13 29:15 42:20 75:1 170:19 171:3,11 misunderstanding 12:2 25:16 49:18 57:2 43:20 44:1 54:14 58:20 metallicized 161:6 128:2 139:10 160:3 162:6 71:7 75:11 93:22 127:8 273:9 mixer 187:18 189:12261:9 132:22 151:10200:11 method 46:19 moore 218:12 265:5 57:3 58:10 mobile 3:10 70:10 167:19 means methodist 153:5 morning 116:8 200:14 203:12 215:6 279:15 280:9 mobilization 10:9 214:15 223:18 252:16 255:4 methyl 224:13 motion 274:22 286:7,8 79:17 255:22 256:3,10,15 modifications 174:18 meant 257:6,23 190:12 mountain 213:23 methylene modified 104:3 133:2 mechanical 256:16 48:20 mountainside 24:18,19 26:10 27:1,6 michael modify 104:19 38:1841:1946:11 48:13 3:9 243:5 mouth medical mickelson money 39:21 64:18 276:20,21 277:6,9,11 211:2,3 45:17 172:2,5,16 203:23 move 278:16 mid monies 161:8 34:9 43:7,8 44:16 59:11 199:8 HARTOLDMONO014092 [moved - open] moved nick numbered officer 8:12 25:23 26:5,19 29:23 211:14 186:10 139:13 197:17211:10 61:10 65:1 67:12,21 69:8 nine numbers 262:3 72:10 86:3 98:16 4:7 175:5,8 215:9 284:21 251:3 official movement nineteen o 234:2,14,20 282:20 234:4 moves 47:1 moving 205:16 4:12 251:4,7 257:5 266:8 280:19 nitrogen 274:7 nitrophenol oath 149:19 object 77:12 110:12,22 128:13 141:23 142:13 152:11 officially 61:21 officials 236:4 oftentimes mulliss 79:19 83:7,9 247:10 254:9 161:10 169:19 184:16 243:21 3:10 multiple 88:18 90:18,18 muscatine 37:2,1045:10__________ 259:7 non 44:14 88:21 259:6 nonhazardous 58:11 98:6,12,18 99:12 190:7,21 194:11 201:5 230:5 242:4 272:4 objection 186:8 200:18 201:1 objections oh 41:11 125:6 Ohio 12:16 okay n 100:15,18 101:22 5:16,19 9:4 13:4 14:12 15:1 16:11 name 6:9 28:3,8 50:3,6,16 63:5 normal 270:9 274:4 obligated 157:14 17:15 18:3,22 20:20 26:19 29:5,21 39:4 41:4 49:15 69:5 70:12,13,17,20 71:11 85:1 113:10,12 136:7 156:15 165:9,10,10 193:15 normally 171:12 250:5 263:7,12 265:8 271:3 obligation 148:9 observation 50:21 53:4,10 55:14 57:20 63:20,23 64:23 75:14 76:7 77:3,23 80:16 82:19 83:2 251:9 265:22 279:18 280:21 284:5,6,14,15,23 north 3:8,11 100:20 103:23 104:4 131:18 observed 84:15 88:12 94:2 98:18 99:2 102:12 104:18 106:18 named 20:9 74:9 113:8 136:4 names 104:10,11 106:2 120:21 131:16233:7 northern 89:21 obtain 50:9 51:6 111:14 117:3,7 138:11,17 138:20 149:17 158:11 163:4 164:8 165:18 167:15 70:9 71:15 193:20 281:15 natural 233:7 northwesterly obtained 268:4 168:3 169:1,8 170:5 188:21 198:22 199:14202:19 81:5 135:11,11 131:16 obviously 207:22 217:11 218:1 233:5 nature 44:14 48:21 near 233:10 necessarily notarial 286:18 notary 5:6 286:23 note 33:18 188:14 202:7 occasion 259:12 occupational 33:12 233:17 237:13 249:8,20 250:23 252:22 253:3 258:3 258:9,11 259:22 260:7 263:9 266:13 267:10 270:21 271:6 274:2 277:4 13:5 111:4 186:7 267:23 occur 277:17,22 279:8 280:1,12 necessary 5:16 50:1051:5 111:8 118:20 need 133:3 139:5 178:6 185:5 notice 5:22 259:17,18 notification 262:5 263:1,3,6 264:8 notified 9:4 occurred 123:19 232:11 occurring 233:3 283:8 old 198:7 203:3,9 213:19 284:18,20 older 199:9,21,22 220:17,21 needed 195:18 needs 226:8 84:9 123:19 265:14 notify 263:21 number 2:1 35:2,4,18 36:3,5 57:1 October 62:12 239:10 odd 186:9,17 252:10 offer 38:10 oldest 284:12 once 128:7,15 137:21 140:22 neighbors 58:1592:18 101:1 107:13 256:22 159:16 202:20 263:21 138:7,7 169:16 189:6 237:16 238:6 120:13 126:15 138:21 142:21 151:16 157:8 163:6 offered 4:2,17 5:21 34:4 257:1 ones 119:18 neutralized 81:2 new 164:15 167:2 175:7 181:18 183:10,10 186:17,20 196:23 208:18 213:5,14,15 offering 32:9 office ongoing 29:22 69:17 81:15 150:21 198:5 202:23 203:1 206:16 34:6 38:9 54:3 newly 227:6 231:19 239:4 249:11 251:16 252:6 255:20 8:22 144:11 163:15 165:15 173:11 177:10 178:3,13 219:2 229:8 open 262:6 264:13 256:23 258:8,13 267:7 184:9 191:21 193:1 258:21 233:19 268:16 272:13 275:4 HARTOLDMONO014093 [opened - penalty] opened outside (cont.) 65:12 263:16 266:16 operate overall 46:5 76:5,11 119:17 151:15 209:15 157:14 overexposure operated 207:17 17:1941:1559:8 77:17 owned 81:19 119:12 140:12 74:2 125:3 254:19 operates oxford 47:7 121:18 operating oxidized 78:3 86:5 123:22 124:3 47:5 140:15 143:16219:9,14,15 oxidizer 220:14,15 226:12 40:22 46:8 47:6 operation oxidizers 42:3 76:2 81:15 102:13 41:23 119:19 149:20 151:18 P 159:1 214:19 220:8 operations p.m. 120:5,5 285:21 66:11 69:17 122:13 157:23 158:17 p2s5 202:12 opportunities package 79:5 opportunity 164:18 51:13 page 3:13,19 88:18 168:4,4,14 opposed 169:8 175:16 187:5 213:11 122:20 140:16 219:9 255:2 213:12,15,16 221:7 222:6 orchard 25:15,1626:1561:4 240:10 245:4,11 252:8 267:22 274:11 order pages 53:12 organic 254:22 organics 186:10 paid 31:4 236:14 pallets 38:1 47:4,12 81:4 105:18 organization 63:16,22 65:9 70:5 71:5 panels 273:7,9 141:18 280:5,6 organizations papageorge 20:5 64:11,12 185:10 17:14 279:9 280:4 283:5,21 284:11 paper 208:23 organophosphates para 251:21 252:9 organs 79:19 83:7,9 247:10 paragraph 207:16 original 152:19,20 168:11,13,13 169:9 198:6,23 199:15 258:21 203:1 212:20 213:4 215:2 originally 59:12 63:8 orpha 224:11 240:9,9 269:14 275:15,17 277:23 paragraphs 281:1 177:15,15 outlined 107:22 114:2 outside 48:9 127:19 207:23 208:8 parathion 79:16,16,20 80:18,23 83:4 83:11 84:3 85:14 86:10,17 86:17 97:20,20 98:4,21,22 208:15 260:20 261:23 99:3,12 100:15 101:5,6,12 parathion (cont.) passes 105:2,12 132:13,13,15 180:14 135:6,8,10 198:8 203:3,9 paste 203:21 204:11,12 205:6,8 26:17 205:12,12,13 206:5,20,22 pastors 207:20 212:21 213:2 281:3,5 220:16,17 226:21 232:6 pat 233:6 238:2 247:10,13 63:4,5 255:7,22 256:4,15,15 257:6 patterns 257:23 258:1 259:8 260:1 125:10 260:10,13 261:8,9,15 pay 265:22 266:17 269:13 18:1 30:21,21 271:12 272:11 pcb pardon 56:1964:15 122:5 141:19 65:4 164:12 145:20 156:13,17 168:19 parent 183:2 184:14 188:16202:7 279:11,13 218:9 219:18 223:8 228:3,7 paris 229:12,17 248:22 281:8 pcbs part 11:14,15,22 16:16,19,23 6:20 8:15 41:19,21 42:10 21:6,10,13,1423:1 51:14 48:5 51:12 52:23 59:6 64:5 56:8,17,22,23 64:3,7,15 75:15 78:3 89:17 95:13 92:4,7,13 109:22 110:10,15 107:22,22 119:6 124:17,17 110:17 111:19 112:8,21 126:7 128:3 133:19 135:19 113:18 114:10 115:7 137:7,9,13,19 139:9 149:17 116:17 117:22 118:13,14 149:18 150:7 152:1 160:5 118:23 119:5,9 142:8 167:8 171:2 172:22 189:6 144:22 145:5,12,23 147:2,4 189:11,16214:18225:18 147:4,16 148:18 149:15 230:20 236:21 241:7 267:4 150:2,11 151:21 152:1,10 278:22 152:14,16 153:1,5,14 participate 154:19 155:11,18,21,23 245:16 274:17 282:3,21 156:5,23 157:2 159:16,18 participated 160:8 161:8,20 162:22 32:21 42:6 154:15 282:18 163:15 165:1,19 179:8 particular 181:10 184:22 187:17 8:5 9:6,12 25:17 38:3 39:12 188:6,13 189:3 190:6,17 44:12 51:21 57:2 70:7 194:6 196:8,16 216:6,13 89:17 111:12 124:15 129:4 220:1 224:14 225:12 234:5 133:17 136:20 137:16 238:2 241:19,20 248:18 138:5 147:17 150:17 151:5 249:1 273:2 274:10,20,23 168:1 172:4 174:2 186:5 pee 190:11 207:3 219:3,14 223:6 240:5 242:23 267:14 pearl 276:23 277:2 278:7,14 197:10 280:3 pen particularly 98:1 109:1 111:9 penalize parties 219:14 5:3 286:14 penalizing parts 219:9 220:4 146:6 166:5 penalties party 266:22 267:2 198:2 237:7,19 penalty passed 267:1 230:18,21 HARTOLDMONO014094 [pentachlorethylene - polyvinyl] pentachlorethylene philosophy plaintiffs (cont.) plants 223:6 57:2 228:17 231:12,19 239:1,4,8 44:16,17,21,23 48:8 53:16 pentasulphide phosphorus 243:1 249:11,17 251:3,9 54:1455:11 171:19 79:15 202:15 79:1581:13202:14 256:23 257:5 258:13 260:8 plastic people photographs 266:3 267:7,10 268:16,21 37:14,15 16:14 41:16 48:7 49:3 65:7 9:23 10:4,5 272:13 275:4,8 played 73:12,19 80:11 86:20 89:12 physical plan 284:12 106:4 173:8,10 185:10 221:1 15:5,15,19 16:2,5 162:19 please 192:12,22 193:8,20 196:10 physician 162:20 166:9 174:18 220:3 95:9 133:19 159:10,15 224:19 227:4 230:23 276:14 229:10 174:11 233:12 235:2,19 237:14,16 pick planned pleasure 238:5 241:5 263:21 280:13 84:10 120:10 165:14 175:17 performed picked planning pledge 12:21 13:9,10 15:3 194:5 43:6 85:4,5 26:11,13 235:7 138:18 139:9,14,17,21 216:2 pickup plant 140:2,4 142:20,22 145:2,14 perimeter 84:16,17 8:19,23 10:3,6 12:23 13:6 147:23 148:2 192:11,15,17 124:19 127:19 piece 13:13 14:1820:16,18,21 plus period 125:2 128:16,18 129:6 21:7,11,1525:14,15,15,16 31:15 171:15 22:8 43:8 56:5 60:12 64:11 142:16 25:18 26:15,15 33:9,17 pnp 64:16 69:1 150:17 155:12 pierle 35:3,10 36:4 37:1,10,11 83:6 261:15 224:4 242:12 197:11,12200:20 203:8 38:14 39:3 42:12,19 44:15 point permit 211:21 224:18 229:2 45:8,10 49:8 55:17,21 56:4 14:13 25:8 45:5 51:22 51:7 74:22,23 75:4 76:4,7,8 pigease 56:14 61:12,14,23 62:1,10 63:23 65:10 67:12,20 68:2 76:11 78:3 87:12 91:13,18 71:4 62:12,15 65:12,21 66:8,20 69:13 73:1 82:19 85:13 91:23 105:6 122:18 123:3 pipe 66:23 67:3,6,8,10,23 68:21 86:5 89:6,9,20 91:14 93:13 123:16,18 151:17 183:7,12 232:6,9,10,21 69:2 71:18 72:9 73:22,23 95:21 98:14 103:10 106:8 208:3,12,14,16 221:19,20 pit 74:19,20,21 75:8 76:10,15 113:8 118:17 128:6 135:21 240:13 241:1 242:10 243:6 133:5,6 78:14,15,17,20 79:10,11 143:19 144:11 147:17 261:6,13,20 262:19 263:5 pits 81:7 82:23 83:22 84:11,14 149:14 161:3 170:22 264:2,17,22 265:18,18 135:7 86:21 89:11 91:16 92:5,23 177:13 180:2 183:19 permits place 93:2,6 94:5 95:6,8 96:3,10 202:14,22 217:10 231:8 50:9,11,14 77:1991:17 38:12 41:5 69:21 106:16 97:10 101:8 103:15 106:10 237:3 243:14 263:8 277:12 246:19 259:17 262:18 139:14,21 141:10 142:22 107:18 108:6,8 110:2,21 poison permitted 148:1 156:11 157:15 158:3 114:1 117:22 118:9 119:1 207:1,19 122:16 258:2 174:10,14 184:3 188:5 124:6,19,22 126:19 127:22 pole permitting 192:14 204:1,19 205:17 129:16 130:20 140:12 205:3 42:14,21 90:5 230:7 243:7 250:10 261:8,9 142:18 149:1,3,6,8 150:2,5 policy persistent 261:17 263:9,21 278:8 150:22 151:6,6,11 153:10 59:6,7 148:3 169:22 173:9 112:15 placed 153:17 155:1,20 158:6 195:2 196:3 238:13,15 person 55:9 137:3 160:20 188:4 162:15 165:23 169:2 171:9 278:7,19 7:8 49:17 56:21 70:20,23 262:12,22 171:12 175:20 179:11 political 71:1 74:7 80:13 110:20 places 180:7 182:22 185:12,19,21 172:3 176:1 283:4 115:13 117:4 130:19 133:8 256:17 189:12 193:23 197:23 politicians 134:7 146:21 171:13 207:4 plaintiff 198:8 201:12,20 203:3,9 173:10 207:9,21 213:21 216:10 19:8 206:4 209:5,8 212:13,22 pollutant 223:10 247:14 265:2,5,11 plaintiffs 213:1,8,22 215:8 216:11 157:22 personal 2:1,1 3:2 4:2 6:14 92:18 217:14,18 220:4,11 225:10 pollution 187:21 96:13 100:4 106:19 107:13 226:10 229:14 232:12 33:2,3 34:21 35:14 36:18 personally 107:16 108:2 109:1,5 114:2 233:7,8,13 234:18 235:1,20 70:14 243:3 147:13 115:4 119:21 120:13 235:21 237:18 238:7 241:4 polystyrene perspective 126:13,15,18,23 131:7 241:6 244:13 245:19 248:2 37:17 66:14 135:9 138:21 142:6 157:7,8 250:9 254:18,19 255:1,2 polytechnic pesticides 163:5,6,11 164:13,15 167:2 261:11 265:4,4,8 267:21 28:4 205:14 167:5 175:4,7 177:18 269:8 270:12 271:1 273:17 polyvinyl pete 181:18,21 186:3,20 196:23 275:15 276:7,14 26:17,17 63:8 197:3,8 208:18,21 227:6,11 HARTOLDMONO014095 [poole - proof] poole practices previously (cont.) producing 231:14 95:2 119:14 122:14 247:12 264:7 265:21 37:14 76:16 poorly preceded 269:12 product 117:20 71:10 primarily 9:8,12 39:12 40:3,14 46:22 portion preceding 11:19 18:12,15 71:19,22 56:8 80:17,21 81:23 83:3,6 107:19,21 146:12 150:11 16:1 82:18 94:12 114:13 140:14 94:17,18 96:1,3 114:14 150:22 187:23 188:1 predecessor 222:1 247:10 280:14 205:13 206:7 219:2,4 273:5 190:18 253:7 255:23 70:5 primary 274:8 259:15 preparation 35:17 71:23 72:7 production portions 9:21 10:14 18:23 19:17 prior 25:23 26:12 78:15 80:18 166:12 187:11,12 24:10 5:21 36:12 59:17 81:5 81:23 83:11,18,19 84:2,3,6 poses prepare 119:13 126:10201:22 105:22 118:12 147:16 149:20 185:17,22 236:20 262:13 270:7 271:12 272:11 position prepared probably productions 8:17 26:20 27:11 33:14 11:2 113:14218:17258:23 39:23 43:5 59:1 60:19 140:11 35:11 61:7,11,11,1362:3 259:18 263:15 117:19 129:10 153:11 products 64:20 65:11,11,1967:14,14 preparedness 249:2 254:23 37:14,15,1747:1380:1 68:8,20 69:3 72:10 73:4 249:16,20 probate 82:3 93:14,19 94:15 95:2 111:20 112:19 118:7 presence 258:20 101:7 185:20 201:21 121:12 122:10209:12 286:6 problem 202:20 204:11 269:11 211:17 248:7 250:14 present 39:22 52:6 73:13 123:23 274:4 positions 10:10201:12271:1 143:4 144:8,12 145:4,13 professional 284:1,10 presentation 159:22 163:20,23 166:20 2:1 286:22 possibility 184:19 228:12 169:18 176:20,22 183:1 program 59:19 115:6 270:6 presented 192:2 193:9 222:13 231:9 78:9 174:13 197:22 199:9 possible 161:15 162:17,19 234:9 235:16 244:5,6,15 199:10 266:10 272:17,22 245:10 presently 248:15 274:9,18 275:2 possibly 9:16 problems programs 134:4 238:21 243:5 president 28:15,17 64:15 145:1 212:9 275:14 post 63:18 163:12 209:16,18 159:14 182:4,5 191:20 prohibition 221:9,17,18 210:9 211:11,14 195:14 222:8,23 225:15 59:16,21,22 60:3 postgraduate press 234:4 235:4 236:23 253:10 project 24:21 25:1 27:19 243:2 249:23 250:1 procedure 8:11 13:21 22:2,3 25:18 potential pressed 23:7 220:6 270:9 26:13 37:6 38:4 41:10,12 114:21 144:15 165:13 115:22 proceeding 41:14,1742:5 44:1245:12 213:6 217:21 222:8,13,23 pressure 184:3 48:1 49:16,20,22 50:1 223:12 224:11,12 225:11 273:14 proceedings 56:13 168:1 194:9 218:14 234:3 235:7 237:10 244:2,5 presume 120:7 218:15226:17 244:6 269:6 274:16 278:1 250:6 271:2 process projected potentially pretty 9:2,11 28:20 42:11 46:2,3,6 51:23 131:11 147:6 156:22 93:7,16 125:11,13 153:19 47:20 52:23 55:5 56:10 projects 215:12 247:5,23 248:10 206:4,10 222:3 236:1,15 61:772:1281:1,8,11,14 25:22 26:6,7,11 36:19 259:6 271:13 prevalent 83:15 97:21 135:19 194:19 38:16 43:6 64:2 potter 26:4 204:12 213:3 221:21 231:4 promoted 197:14,15211:6,8 229:5 prevented 252:22 273:12 277:12 61:6 62:22 67:16 pound 135:7,10 processes promotion 53:6 252:11 prevention 46:12 55:1 57:7,13 80:9 68:18 pounds 51:6 159:12 219:7 269:11 270:5 prompted 156:5 190:17 192:7 252:1,3 previous 270:19 215:17 255:9,12,14 256:7 257:9,12 105:7 132:22 133:10,11 produce promulgated pour 143:4 185:9 212:18 217:1 269:11 36:13 180:20 previously produced pronounce power 20:1 55:23 76:19 94:5,7 78:17 80:21 270:11 70:16 125:3 128:3,4 149:4 95:5 96:19 132:11 133:5 producers proof practice 164:4 180:20 181:1 184:21 269:7 88:23 60:2,6 140:16 151:1 270:17 204:20 218:15 238:15,16 HARTOLDMONO014096 [propensities - recall] propensities pulled question (cont.) 116:17 21:5 219:16 253:13 270:17 proper pump questions 187:22 190:3 199:22 248:12 5:17,18 6:19 22:16,17,22 265:14,16 pumped 88:20 139:6,7 145:23 properly 248:2 147:14 167:14 172:20 188:2 205:18,20 229:11 purchase 178:6,13 181:22 182:2,11 property 41:21 236:8 186:12,19 187:2 197:6 81:20 128:2,2,16,19 129:7 purchased 199:1 201:4 224:23 268:1 140:23 148:13 161:21 40:7 48:23 93:10 116:23 275:20 162:23 188:7 261:10,17 purchaser quite proposal 273:22 138:9 180:6 166:22 167:19,20 168:5 purchasing quote 174:6,16 177:14,18 178:1 41:22 115:2 196:3 178:17 179:4,22,23 197:19 pure r 273:19 206:5,19 207:22 208:7 rOI propose purport 252:19,20 44:11 proposed 96:17 purports races 172:5 13:23 15:5,14 42:18 86:8 250:11 273:18 proposing 97:3 107:17,23 126:19 purpose 82:23 230:22 247:7 rail 39:11 40:10,17,21 41:1 railroad 44:17 prospective purse 175:23 120:21 233:10,13 railway 159:14 protect 26:7 278:5 pursuant 2:1 put 180:5 raised 117:1 145:19 226:9 protecting 230:22 11:21 15:15,21 27:15 32:3 41:4,6 42:22 46:21 48:1 ralph 281:9 protection 100:8,19,19,22 107:7 ramifications 50:22 168:17 230:19 267:17,19 protocol 174:13 prove 109:11,13,16 128:6 134:5 139:14,21 140:2,4 141:10 142:22 145:2,3,14 152:8 157:15 158:3 174:7,13,16 174:18 177:14,19 186:15 264:18,19 266:20 ran 106:12 108:5,15 range 30:14 47:18,23 88:20,23 270:19 189:15 206:7 208:22 215:7 rank provide 217:22 222:9,14,22 223:11 31:15 52:12 74:5 150:16,18 224:8,17 225:5 229:3 183:10 235:13 248:13 230:15,17 233:23 234:16 provided 250:3 257:14 273:9 275:9 53:9,20 96:14 150:20 puts 268:4,8 rankings 267:15,20 rats 112:23 166:22 173:16 179:1 228:10 provides 242:19 psd 228:11 putting 40:19 214:12 226:14 q quasi raw 79:2 82:3 83:9 rawlings 53:21 rcra 51:7 23:13 122:18 183:6 197:21 public 5:6 171:15,17,20 173:9,11 queeny 8:1920:21 21:11,1533:9 213:17215:5 221:21 243:23 248:14 250:4,20 261:4 286:23 publically 45:7 61:23 62:1,14,17 reach question 248:14 6:17 12:17 21:12 24:5 27:4 reached 74:2 published 39:20 102:5 115:19 117:20 98:14 133:20 137:17 138:1,3 reactions 168:16 145:19 160:12 176:4 189:9 273:12 202:12 208:6 210:2,13 read 20:2 149:17 152:18 159:10 164:14 165:17 198:23 199:2,2,5 203:1 241:2 272:19 275:19 readily 194:8 249:7 reading 5:10 117:15 165:12 182:9 212:6 225:23 226:1 255:10 reads 157:18,21 real 71:13 really 54:17 68:11 86:6 87:21 101:15 108:12 126:9 213:12 realm 31:19 reason 187:16 225:3 239:23 248:9 253:16 reasonable 204:4 reasoning 248:8 257:17 recall 10:18,19 12:8,10 16:9,20 17:13,23 28:2,21 34:9,15 36:7 44:22 45:15,16,17 47:16,23 49:9,17,21,23 51:17 53:5 57:23 58:1,7,13 59:10,12,1460:3 61:18 63:21 64:4,17 67:19 68:4 68:23 70:2,5 71:2 72:23 79:23 82:2,14,19 86:12 87:4,9,19 88:17 89:14,18 89:22,23 90:22 91:5,10 92:7 94:12,21,23 96:5 97:10,19,22 101:15 102:2,6 103:19 104:5,7,20 105:9,13 106:3,17,21 107:4 108:3,9 108:10,23 109:8 110:3 111:15 117:2,7,10,11 119:14 121:5 123:15,17,21 124:4 127:1,1,10 129:20,23 130:9,10,13,15 136:1 146:4 146:8,9 147:20,22 149:16 150:13,20 158:10,11 163:16,18 166:15 168:22 169:5,6 170:12,21 171:1 173:20,23 174:8,16 178:11 178:11,18 180:7 183:14,20 184:5,11 190:11 192:10 196:11,18,22 202:20 HARTOLDMONO014097 [recall - report] recall (cont.) recyclable 205:11 206:10 207:7 209:9 58:5 209:14 217:4,7 218:8 224:6 recycle 224:10 226:5,6 227:17 58:2,381:11,13 232:1,4 233:14,16,18 234:6 recycled 235:18 236:1 239:13 252:20 241:17,18 242:13 243:9,11 reding 243:16,18 244:4,23 245:14 211:7,13,14 245:23 246:5,15,21 248:19 redington 250:17 251:14,19 254:2 193:17211:17224:17 264:2 266:7 270:3 271:14 229:3,5 271:20 285:9 reduce receipt 139:18 140:8 182:14 reduced received 286:6 25:3 29:14 30:23 32:22 reduction 33:17,18 164:8 272:10 140:8 recharge refer 240:6 242:16 177:16 183:1,5 recharged reference 223:21 183:8 267:14 274:13 recite referencing 57:16 58:1 183:6 reclaimed referred 81:9 252:20 13:19 127:3 212:19 214:3 recognition 218:16 249:17 266:1,1 68:13,15 267:21 recognize referring 68:14 96:22 240:13 recognized refers 29:17 163:14 175:10 176:6 recollection 182:23 215:2 240:2,4 86:11,16 87:1,5 89:3 90:14 258:19 269:4,13 272:17 98:5,8,11,20 99:4,5 100:16 275:12 104:7,18,23 106:22 107:6 reflected 123:2,3 124:2,17 127:4,17 107:20 114:1 115:3 127:22 128:1 129:17 130:4 refresh 164:21 170:3,7 217:5 10:1,17 164:21 207:13 238:10 241:9 refute recommendation 270:8 245:5 246:15 refutes recommends 270:6 245:5 regard record 269:20 276:9 278:19 6:10 22:19 44:7 54:8,9 regarding 104:16,17 255:6 279:4 235:5 236:4 records regards 87:11 105:4 193:23 194:1,3 198:2 195:19 196:2 278:22 region recovered 50:19 51:2 252:4,21 regional recovery 2:1 44:3 256:21 registered rectify 2:1 286:22 166:20 regular 31:8 218:6 276:11 280:13 regulate remedial 240:22 160:14 198:6 203:2 213:17 regulated 218:13,22 219:1 151:21,22 152:1 204:16 remediation 205:9 206:14 240:17 253:1 157:3 219:6 263:15 264:11 253:5 255:16,19 256:14,18 remedy 266:18 191:16247:17,19 regulations remember 26:3 36:9,12 66:12 73:5,10 11:9,10 12:4,10 14:1,9 123:7 128:11 199:18 208:4 15:14 16:1728:8,10 35:4 229:21 230:7,8,10,13 37:5 41:11 44:20 45:11 259:16 263:14,22 46:1,2 49:14 59:14 70:9,12 regulators 70:19 71:3,8,9,11,12 73:17 72:13 74:7,8,9,12,15 75:18 82:11 regulatory 82:12 85:21,21 87:22 89:7 17:1823:6 50:13,17 69:15 92:11,14 93:22 97:17 99:1 71:16 144:10 216:3,20 99:6,7 101:16,17,18 106:3 242:8 263:14 107:3 108:13,14,18,18 relate 113:3,5,6 114:6 115:20 142:19 117:15,16,21 118:2 136:9 related 136:14 153:8 154:11,13 11:11,22 13:21 14:6 17:12 158:13,14 163:9 165:9 64:7 165:18 239:16 265:7 169:1 183:22 193:13,21 relating 202:6 204:23 207:12,18 5:14 231:15,17 235:19 243:19 relations 244:1,11,19245:3,17 72:14 171:3,10,14,15,16,17 249:19 250:19,22 257:16 171:20 174:4 175:19 257:17 266:11 283:9 176:19 250:4,20 removal relationship 199:16218:9 219:19221:2 64:2,9 68:19 remove relative 162:14 174:14 191:22 83:4 203:21 229:11 relatively removed 65:7 146:11,15 160:18200:15 relatives removing 238:7 283:14,18 163:22 164:3 release render 148:11 150:1 161:20 58:4 249:23 250:1 rendering released 58:11 269:5 rensselaer releases 28:3 34:2,6 139:18 140:9 repaired releasing 190:3 65:6 repairs relocated 190:3,4,12 61:1986:1 repeat relocation 21:12 128:14 189:9 214:6 86:7 rephrase rely 6:23 12:17 53:7 replaced remained 85:9 77:2 96:2,3 188:2 report remains 66:17,20 67:22 68:20 123:9 55:4 123:13212:8 214:17 HARTOLDMONO014098 [report - samples] report (cont.) 235:23 239:16 251:11,12 264:15 266:15,19 reported 12:13 63:17 66:22 68:23 231:11,14266:5 reporter 2:1,1 7:4 286:22,22 reporter's 3:15 reporting 2:1 231:16,17 264:1 reports 11:23 12:5 74:6 234:14 representative 88:14 representing 6:13 republicans 283:5 requested 16:16 182:15235:13 requests 227:5 require 148:2,6 199:19 243:4 259:17 required 123:12 148:7 158:18 159:13 170:1 192:16,20 195:21 246:18 requirement 75:4 199:15 221:19 requirements 66:16 76:4 129:6 151:17 195:20 205:11 253:8 256:20 261:5 262:19 researched 93:15 reserved 199:8 201:1 reserves 237:12 reside 9:16 residence 47:11 resident 115:5 residential 116:4,4 125:14 residual 226:23 residue 55:3 81:8,11 83:14 204:13 205:4,5 residues retention robert 206:9 194:1 195:2 196:2 278:19 2:1,1 3:195:46:3,11 192:2 resin 278:22 261:23 26:18 retired robertson resolution 58:23 209:22 210:22 259:1 162:1 return rockwood resolve 84:13 182:14 273:23 285:17 161:18 163:23 177:10 returned role resort 56:9 85:7 26:5 72:7,9 80:12,13,15 57:22 reusable rotary resource 58:5 42:16 46:7,17 47:15 282:9 44:2 63:6,11 256:20 reuse rotates respective 58:2,3 46:18 5:3 reused rouge respond 81:9 54:4,12 63:13 263:7 reverses routes responded 59:2 207:16 22:15 227:3 review routine responding 10:1,8 18:13,22 87:11 29:19 74:6 88:9 91:18 92:5 228:15 164:18 181:23 228:19 92:8,9 218:7 246:13 response 229:4 231:13 routinely 52:7 139:10 164:6 227:15 reviewed 87:7 228:20,21 269:17,22 270:1 9:20 10:11 15:15,19 18:21 rpi responses 78:22 79:8 220:3 34:3,5 224:23 226:8 reviewing rpr responsibilities 14:10 5:5 8:22 68:8 73:6 77:7 78:1 revised rubble 79:8 159:4 188:23 260:18 188:22 58:21 responsibility rhodes rules 33:13 38:3 52:5 72:1 73:2 283:11 5:13 66:12 146:2 230:13 75:5 76:3,20 77:10 78:7 richard run 92:22 102:12 103:7 119:7 70:15 139:11 163:12 220:15 124:14 128:9,10,20 129:2 rid running 137:8,9,13,23 138:4 141:1 53:12 108:10 148:10 151:14 160:6 right runoff 161:12,13 162:6,7,21 163:2 11:4 15:8 16:17 18:3 21:17 125:13 129:16 187:18,19,22 189:7,11,12 24:13 29:2 31:5,18 40:2 runs 189:17210:20 212:12 42:4,23 43:13 61:3 99:9 108:2 219:20 238:12 262:2 responsible 100:1,12 113:23 139:1 141:16 142:16 157:11,21 s 71:20,22 74:17,22 75:9,20 75:23 77:1,19 110:7 111:5 115:13 124:20 137:16 151:5,8 169:17 184:22 185:14 225:18 265:2,12 271:10 result 113:21 174:2 190:13 194:21 195:3 213:1 219:7 219:23 results 12:20 18:11,15216:18 217:2 272:1 retained 135:18 158:4 170:2 176:8 197:7 37:23 58:11 140:6 217:9 221:11 228:8 251:20 255:11 272:21 275:7,21 risk 149:21 risks safeguards 2784 safety 8:14,18 62:4,9 152:21 207:14 278:2,2 salers ritz 2:1 21 5 5 286 21 sample river 122:1 road 89:5 sampled 168:7 249:3 99:21,22 104:8,13 roadway sampler 88:9 90:11,16 99:19 samples 13:2,7,10,12,17,19 16:15 HARTOLDMONO014099 [samples - simpler] samples (cont.) searching sentence shorthand 78:8 87:3 88:9 89:6,8,9,14 209:17 168:12 175:15 176:10 2:1 286:22 89:15,19,22 90:10 92:3,3 second 199:7,14 show 130:2 144:14 162:1 214:23 68:8,20 168:4,12 169:8 sentences 88:19 96:12 106:20 107:16 sampling 175:15 198:6 212:20 176:16 120:9 126:13 157:6 164:13 12:1 13:4 90:9 91:6 136:10 269:14 separate 167:5 175:4 181:21 186:2 164:23 166:7,9 168:14,19 section 6:20 84:22 197:3 208:21 227:10 239:1 270:21 272:1 278:12 96:8 106:14 108:1,6 110:1 separated 239:7 251:6 258:11 267:10 samplings 192:23 240:3 99:19 272:16 275:7 75:1 sections series showed sat 181:6 90:12 249:8 11:8 193:16214:15217:8 40:14 sediment serve showing sauget 15:6 103:13 145:21 146:11 49:20 280:3,20 281:19 126:19 38:23 42:18 154:14,20 159:17 160:18 282:19 283:1 shown saw 162:1 163:22 164:3,23 served 119:19214:14 16:8 39:21 244:9 165:20 166:13 174:14 48:8 280:7 shows saying 179:6,8 181:3,9,10 191:22 service 121:3 176:15 13:7 82:16 99:2 140:18,21 sediments 2:1 28:4 68:15 229:13 shut 148:12 151:19 161:5 144:16 250:11 202:12207:11 217:15,18 187:16 204:23 241:3 seeing serving 219:8 220:19 236:5 244:12 263:19 270:8 16:9 17:1359:12 114:6 23:22 shutdown says 115:20 154:12 163:9,17,18 sessions 220:9 235:6,8 139:17 151:2 152:19 226:5 239:13 244:8 33:4 shutting 165:21,22 166:3,6 168:11 seek set 213:2 229:14 169:9 177:22 178:4 179:15 173:8 2:1 30:19 87:19 88:8 90:10 side 179:20,21 180:11,14 181:4 seen 90:15 245:7 263:14 286:17 22:18 26:21 27:1,7 38:18 198:11,12 199:7,15 202:23 57:6 114:5 269:15 settling 41:20 42:9 70:10,13,14,17 203:6 213:10,19 215:5 select 244:1 70:19 97:18 98:6,13 99:10 221:6,7 222:10 223:17 35:15 seven 99:14,15 100:17 104:2,9,10 228:3,13 232:10 240:10 self 4:6 164:13,16 120:22 124:9 250:4 259:16 242:18 246:1 251:16,20 107:3 seventeen sides 252:8 256:3 257:9 263:5 sell 4:11 249:9,12,18 266:3 203:14 266:8 268:3 270:4 274:10 129:6 217:15 seventy siegelman 275:22 277:22 sells 221:4 170:16,20 173:16 174:3 scanned 273:1 severe 175:2,14,17 177:6,23 18:7 semester 143:4 siegelman's scheduled 29:4,8,9 31:2 sewage 172:16 176:21 177:8 49:10 seminars 76:9 103:14 235:20 sign scheme 29:13,18 30:11,22 31:7,9 shape 32:10 265:9 168:16 31:16 32:14,21 33:13 34:18 227:18 signator school 35:21,23 sheet 265:6 27:1 279:12,16 282:13 send 207:14 signature 283:22 284:13 285:14,15 181:12 270:21 272:2 shelf 5:10 285:17,18 sending 48:20 signed science 55:17 164:5 shining 139:11 265:21 24:17 senior 273:8 significance sciences 38:5 67:17 69:7,8,10 shipped 122:3,9 246:10 12:3 sense 22:3 40:10 82:10,12 255:14 significant scope 60:13 190:16 256:7 51:6 199:17 37:6 sent shipping significantly scott 54:22 55:10 146:15,17 54:6,14 69:14 285:12 160:21 167:19 168:8,9 shock similar scouts 182:17 234:15 257:19 236:17 38:16 80:5 98:11 282:13,14,18,20 258:4 259:1 266:11,13 short simpler seal 276:16 65:8 69:1 152:3 46:16 286:18 HARTOLDMON0014100 [sinise - spec] sinise sir (cont.) sliding somebody 50:3,5 283:3,6,16,19 189:23 116:23 128:8 228:10 sir sit sludge 229:18 264:21 7:11 9:19 10:7 11:1,3,12 71:13 124:4 127:13 154:23 220:12 someplace 13:11,16 14:2,17,19,23 156:12 188:9 196:20 slumping 258:10 15:10,22 16:4 17:1,6 19:2,5 site 189:23 somewheres 19:9,12,22 20:6,10,13,15 50:10 54:18 62:14 74:20 smith 107:4 285:8 21:1,9,16 22:13 23:2,9,16 75:8,16 78:22 80:15 81:18 3:3,10 son 24:1,12,20 25:10 27:10,21 82:5,7,8 83:21 84:11 86:2,3 snow 285:12 28:19 29:1,2,12 30:2 31:1 86:23 91:23 93:8,15,17 13:14 15:6,7 17:2,3 103:13 sons 34:11,14 35:6,20 36:16,18 94:6,9,11 95:8 96:4,10 108:19,21 118:1 120:17 282:17 37:20 38:20 41:8 42:4,10 101:8,23 108:11 119:1,4,17 121:3,8,10,13 122:6 125:9 soon 43:19 45:19,21 47:21 48:17 133:11 136:18,20,22 138:8 125:12,12,19 142:10 245:10 49:5 50:12,15 51:13,16 140:13 147:8 151:1,6,18 144:18,18 145:11,21 sorry 52:18 53:15 56:11 60:13 153:10 155:20 158:20 146:12,13 149:9 150:12 50:23 54:4 62:19 87:16 62:2,19 63:2 64:8 66:19 168:6,7 171:13 183:8 189:3 153:15 159:18,23 160:15 95:13 101:20 127:6 144:6 67:5,11 69:18,20,22 73:7 192:4 199:8,10201:12 160:19 161:21 162:2 151:9 174:11 177:2 178:9 73:14 74:11,13 75:6,17 202:2 205:1,16,17 206:4 163:16 165:1,1 174:14 181:6 189:10 194:23 76:13,17 78:11 80:19 81:21 210:20 215:8,14,15,20 179:6,10 180:3,9,12,13,16 202:15 208:6 225:21 82:9 83:12,23 85:17 86:3 216:11 220:11 225:10,12 180:18,21 181:2 184:4,23 230:16 244:18 249:4 261:2 86:11,16 87:16 88:2 90:2 226:13 232:12,16 233:8 187:17 190:15 194:7 281:4 284:19 94:9 96:11,21 97:1,4 98:20 234:5 235:9,9 236:5 241:5 196:15218:9 219:19 sort 99:9,16 102:8,15,17 103:8 241:6 243:22 251:11 252:4 social 7:11 8:21 18:6 57:7 59:9 107:9,10 108:16 113:19 252:18 253:22 254:6,16,18 279:8 283:20 72:10,12 95:18 244:13 114:13,14,16,19,23 115:11 255:3,13 256:1,6,8,12 socialized 284:3 116:7,9 117:2,6 119:22 257:19 258:3 260:11,13,14 280:13 sound 120:1 121:14 124:3 125:22 268:4 270:12 271:1 277:12 soil 136:7 126:4 131:3 132:8 134:11 277:14 89:8 91:4 92:3,11 130:2 sounds 134:18 136:8,12,21 137:1,5 sites 160:18 199:17200:10,16 165:9 137:11 138:19 139:7 142:5 40:8 45:5 197:21 199:18 203:22 204:14 224:13 source 143:10,12 148:8,14 149:16 200:7,8,12201:11,14,15,16 238:3 250:10 148:10,17 149:15 152:9,13 150:8 152:17 154:18,21 201:18 202:18 203:9,16,19 soils 152:16 184:22 190:20 155:6 156:10 157:5,13 268:10 132:3 206:13 191:15 158:8 159:21 160:4,9,23 sitting solar sources 161:4,14 162:10 164:7 71:4 84:23 123:20 146:19 273:7 148:22 165:11,17 166:3,6,10 167:1 216:8 sold south 168:2,10 170:17 171:5,7 situation 128:7,15,18,22 129:9 26:15 96:18 99:18 103:23 172:1 173:2 175:22 177:21 60:23 247:17 solid 110:9 115:14 131:8 132:10 181:17 182:21 183:19 situations 42:17 43:14,20 44:1,2,9 132:17 135:21 152:13 184:17 187:13 188:8 247:19 55:3 70:18 75:7,12,15 77:8 155:19 159:3 208:10 191:17 192:10,10 193:2,7 six 87:14,23 88:5,12,16 91:22 214:11 259:15 193:11 194:18 198:4,11,21 4:5 132:2 163:5,7,11 132:19 235:2 240:15,17,22 southern 199:6 204:9 205:22 209:22 220:11,17232:17285:13 244:16,21,21 245:9 253:6,8 103:22 106:13 107:20 210:13,22 211:23 213:3,10 sixteen 261:12 262:6,8 263:16 118:23 124:1 142:8,9 213:18214:16215:7 216:7 4:10 239:2,5,9 243:1 264:5,13 149:13 151:12 152:23 216:16,23 220:7 221:14 size soluble 156:6 180:5 188:12 190:19 224:5,22 226:2,13,19,22 45:13,15,16 49:9 249:1,6,7 208:2 214:10 237:2 231:17 232:2,13 233:11 sizing solutia space 235:6 237:12 238:10 241:9 38:7 7:158:17 19:1621:6,22 233:19 242:18,22 245:12 247:16 skimmed 22:7 197:17211:10 spare 247:19 248:19 250:2,13 167:18 solution 232:19 251:22 252:6,23 253:2,4,19 skin 159:13 204:21 speak 256:21 258:2 259:13 260:3 207:2 solve 173:17 260:15 261:21 265:15 slide 28:16 spec 273:3 276:13,15,18 278:21 228:11 solvent 82:3,22 280:11 281:23 282:2,4,8,11 253:21 HARTOLDMON0014101 [special - supervised] special St stenographic subgroups 85:3 2:1 5:7 6:1 8:20 9:18 20:21 2:1 173:6 specialist 42:14 43:12 44:22 45:6 stenography subject 61:1566:7 67:13,17,18 61:19 62:21 63:1 95:4 286:7 11:10,13,14 19:20 28:10 69:7,9,10 118:8 146:22 110:1 192:1,23 193:6,9 steps 31:17 32:12 123:6 263:12 271:9 196:1 209:23 210:23 166:19 subjects specialists 278:15 285:16 stewart 33:5 36:23 stab 3:3,3,20 6:8,12 13:3 44:6 submit specific 40:2 54:8 92:16 107:10 111:22 264:7 14:7,10 64:1 80:8 107:2 stack 120:2,8 138:20 151:12 subsequent 111:15 113:1 147:20 89:19 91:8,8 152:3 163:4 186:14 200:23 174:9 159:12 228:20,21 277:16 staff 256:22 279:2,5 285:19 subsequently specifically 158:8 stipulated 230:23 8:7 10:19 11:8 12:15 14:8 stage 5:2,9,15,22 substance 80:8 92:15 118:2 119:15 184:2 stipulations 128:17 141:2 151:21,22 121:6 147:22 236:1 246:6 stamped 2:1 3:14 230:20 246:14 221:7 222:5 stone substantiates specification standard 279:11 270:5 38:8 41:22 274:15,19 30:20 stop substation specifics standpoint 44:6 159:15 149:5 277:8 27:8 146:23 stopped substitute speculate stands 112:5 118:15 273:2 99:8 125:7 172:10 194:12 114:7 198:14 storage suburb 200:13,19 231:5 258:5 start 168:6 9:18 spell 7:20,23 42:2 62:6 88:19 stored sue 39:16,18,23 50:6 109:14,15 158:16 187:1 82:4 195:12 252:3,4,12 259:1 281:1 speller started 255:8,9 257:9 sued 109:18 7:19 8:1,11 24:6 25:23 26:3 story 141:18 142:1 spelling 26:9 60:11 61:3,17,21 86:6 93:16 suffer 100:2 93:9 135:14 stream 207:9 spending state 59:19,20 60:8 118:1 suggest 94:23 2:1 6:1,9 17:9,1823:10 street 135:20 spent 66:13 68:9 73:10,15 122:20 2:1 3:8 104:13 120:22 suggested 10:2 273:19 171:20 172:5 175:12 176:2 150:5 180:4,6 57:10 157:16 223:21 spill 176:20 188:22 234:2 243:6 strengthened suggesting 168:19 183:3 265:17 185:13 155:7 spilled statement stretch sulfur 142:9 137:6 154:1,22 155:16 9:3 81:12 251:20 252:8 256:10 spills 187:15 222:18 249:16,20 strings 274:7 196:15 statements 175:23 summarize spoke 19:3 177:9 struck 60:20 173:18 states 160:11 179:3 summary spoken 156:16 168:16 173:5 structure 60:17 180:20 230:19 48:12 171:18 sums spread status struggling 236:16 205:13,23 209:4 212:8 233:23 268:6 127:8 Sunday spring 270:15 studies 279:16 215:12 223:23 240:7 stay 112:18 246:2 276:22 277:2 sunlight 242:16,19 244:3,7 245:2 88:3 277:5,18 273:8 Springfield stayed study superintendent 8:1 25:13 61:18 76:22 113:7 136:9 213:7 269:4 62:8,10 72:17,19 springs steam stuff supervise 134:21 90:6,7 13:9 55:8 149:10 160:7 102:13 square stedham 189:13 208:15 237:2 258:4 supervised 192:11,15281:11 259:1 273:16 122:20 HARTOLDMON0014102 [supervisor - thing] supervisor system (cont.) taxing tendency 63:4 66:3 80:12 167:8 116:13,14 196:16214:20 109:7 7:5 supplier 214:21 216:5 246:3 253:9 tee tennessee 22:4 t 223:6 54:3 supply t02 teacher tenth 216:14 242:20 suppose 192:18 supposed 76:22 195:23 266:16 253:23 254:12 255:4 tackle 176:21 tackling 176:20 279:11,13 team 41:14,16 48:1,5,6 279:17 technical 67:21 72:17,19 80:13,15 104:12 120:22 term 68:5 116:5 terms 46:16 197:20 supposedly tail 116:21 test 37:22 96:16 sure 24:4 27:12 35:12 51:17 52:22 53:20 55:7 76:21 77:9 97:13 98:5 100:7,7 68:1 taken 2:1 5:5 13:7,12,13,14 16:15 25:1 29:16 30:5 33:4 35:18 84:16 89:15 106:16 120:4 technically 116:19 technique 38:10,11 techniques 14:6 15:6 18:4,10 126:1 154:10,14 181:11 216:2,18 271:23 tested 78:4 88:22 192:4 103:1 105:13 109:14 143:19 144:14 152:5 251:2 58:9 testified 115:18 117:19 121:2 125:6 125:7 128:14 138:3,6 141:1 286:2 talk technology 52:13 53:9 58:6 254:1,12 6:5 20:1 23:5,10,11,21 96:19 181:1 141:22 143:13 148:7 153:12 156:14 168:2 172:8 178:23 182:3 185:4 189:1 19:13,23 20:3 95:4 205:4 205:23 212:20 213:4 233:22 234:1,7 235:15 tell 8:16 11:20 25:20 27:22 32:12 35:7 36:21 39:1 testimony 9:22 18:23 20:3,11 23:17 55:23 286:5,11 189:13,20 191:17 192:18 192:19 196:2 199:4 200:11 239:21 talked 42:23 43:20,23 46:3 50:16 testing 51:14 52:7 54:12 55:16 12:12,19 13:8 15:2,13,23 200:14 203:12 204:3,17 205:6 208:16 209:19 210:14211:1 216:1 218:3 18:7,11 44:23 164:4 169:3 170:22 188:17 223:19 282:6 57:14 59:5 60:4,16 64:21 71:15 73:21 74:16 78:12 83:5 85:12,20 92:1 95:16 16:1,2,7 17:22 18:15 74:17 75:23 77:23 89:20 91:2,18 92:8,10 103:12 106:10,15 222:14,16 223:9 228:2 229:16 231:3 234:21 talking 10:5 16:3 19:20 20:1 22:5 95:20 97:5,12 98:10 100:12 109:20 110:17 112:22 103:9 105:23 106:4 111:14 113:22 130:1 136:10 235:17 236:2 241:18 242:7 35:22 45:8,12,13 47:15 111:18 112:21 115:2 147:10 154:7 195:22 250:22 251:19 254:7 257:17 258:7 261:5 264:19 264:20 265:12 266:8,14,23 268:15 270:2,15 271:15 276:6 278:23 53:1 55:2,6 58:20 65:16 76:8 87:14 92:6 99:11 100:6 107:8 111:21 121:7 131:21,23 132:4 133:22,23 135:2 142:15,18 143:11 116:10,22 118:21 127:14 248:17271:17272:9 131:4,10 136:19,22 137:12 tests 146:20 149:1 158:2 187:8 12:21 16:13,19 92:5,13 190:16 191:19 192:3,16 113:1 117:12 191:7 194:4,5 196:20 201:2,20 236:10,22 196:6 271:23 277:17 surely 144:20 145:6,8 153:2,17 237:4,18 238:8,11 239:2 tetrachlorehtylene 60:21 100:11 182:12 surface 103:20 106:12 108:15 124:23 125:13,18 129:15 131:13,15,21,23 132:5 163:21 164:1 167:21 173:9 173:10,18 175:21 176:16 183:2 187:9 188:13 197:20 200:2,7,8,20 202:17 203:7 203:8 206:1 215:11 221:13 251:12 255:7 261:3 280:12 223:7 286:4 texas telling 38:22,22,22 39:3 54:5,12 22:11 42:6 44:8 54:10 96:6 thank 113:6 117:7,17,18,22 118:3 107:10 223:14 248:12 surveillance 277:23 swan 93:9 221:15 223:14 228:6 235:19 239:17 243:19 244:19 247:12 257:6 268:11,12 talks 123:20 128:5 130:10,11,12 thereto 140:21 162:11 177:4 5:21 178:19 195:8 225:5,6 226:3 therminol 236:21 80:2,2 81:22 272:17,22,23 temperature 273:6,9 274:9 275:2 switch 163:21 168:3 176:19 179:8 47:7,11 therminols 91:10 swmu 198:5 221:9 224:11,12 251:23 252:11 258:23 temperatures 47:14 273:14 79:21 82:21 thermo 262:9,10,11 swmus 240:11,15 259:4 274:10 target 207:16 temporarily 55:9 temporary 40:22 41:23 46:8 47:6 thing 24:9 25:17 29:22 37:19 sworn 6:4 286:3 task 64:5 168:6 ten 46:13,19 88:13 89:23 90:18 109:11 145:5,8 157:17 system tasks 4:7 132:2 153:11 156:4 159:19 169:15 170:2 192:5 40:23 51:9 59:20 75:3 245:6,7 181:19,21 190:17 192:6 204:15 212:6 230:3 234:16 HARTOLDMON0014103 [things - twelve] things time (cont.) tool transport 7:3 55:7 72:12 91:3 111:6,6 97:15 100:21 103:10 105:4 218:18 84:1,10 143:14,16 148:21 155:14 106:8 108:11 111:19 112:8 top transported 169:23 204:8 205:15 207:8 113:9 114:17,21 118:14,16 88:19 127:12 137:3 168:14 168:5 207:9 225:3,9 229:6,9 118:17 119:1 121:11 122:9 213:16 224:14 266:10 trash 230:2 231:10 243:7 247:9 125:17 128:6 135:21 136:1 torn 84:7 85:2 247:11 249:9 284:2 136:6,11 139:5,13 140:3 58:23 treat think 141:7 143:15,16,17,19,22 tosca 47:12 248:13 13:1 24:8 36:7 61:9 68:22 144:12 147:5,7,12,17 231:4 treated 68:23 70:6 72:5,6 79:23 148:17 149:14 150:10,17 total 46:22 47:4 81:3 82:5,6,8,18 81:10 104:15 111:10 151:7 152:10 153:1,17 48:6 285:12 252:13 254:23 118:10 122:11 125:11 155:12 157:3 158:6 161:4 totally treating 130:17 131:1 148:12,15 165:8 167:8 170:10,12,23 43:22 46:10 115:19 195:6 47:10 152:7 160:9 162:14 186:17 172:4,6 173:1,8,8 174:2 totum treatment 198:1,3 205:8 231:22,23 175:13 177:13 183:19 205:3 28:21,23 37:1,9,18 38:14 232:3 234:9 236:2 237:23 185:7 189:1 191:19 192:13 toxic 39:10 40:22 41:2,3 46:8 thinking 193:5,5,9 202:14 206:16 16:12 86:14 128:17,17,23 52:13 53:9 57:11 58:6,8,9 222:15 231:6 209:7,13211:11 212:4 139:18 140:9 141:2 151:21 73:19,23 74:2 75:3 76:10 third 213:23 217:10219:10 151:22 189:4 204:14 205:5 81:7 90:1791:15 103:15 199:14 203:1 213:12 257:7 224:4,21 229:14 231:8 205:7,10 230:20 253:3 220:10,13 232:16 235:21 274:11 233:4 235:23 237:4 240:19 270:13 236:7,14 248:3,4,12 254:1 thirteen 241:8,11 242:12 243:14,18 toxicological 254:12,15,15,17,18,19 4:9 183:22 208:19,22 243:18 245:20 246:13 278:3 255:2 227:23 228:17,18 231:13 248:7,18 250:21 257:22 track trial thirty 259:9 263:4,8,10 269:1 106:18 233:10 5:20 135:3 271:7,18 272:2 275:1 tracks tributary thomas 277:13281:13285:8 120:21 180:4,5,15 233:13 15:7 17:3 108:14,19,21 182:15 times trade 109:3,12,13,15,17,22 thought 32:17 31:20 32:3 85:1 173:4 120:11 121:4,7 122:8 120:19 128:4 142:15 timing 272:17,22 274:9,18 275:2 144:17 145:10 149:2 145:18 177:4 231:4 279:1 trademark 150:11 153:15 160:19 thousand title 273:1 162:3 179:10 180:12,19 47:18,22 61:16 69:5 209:17,20 253:6 train tried three today 32:1,6 46:8 81:12 121:5 4:4,14 30:10,15 31:14 6:15 9:22,22 10:15 19:1,17 trained truck 32:17 45:4 47:22 54:1,2 20:7,12 24:11 57:16 70:22 8:9 26:10 84:8,18,19 85:3 57:8 63:7,10 88:8 90:13 97:7 114:4 123:20 124:4 training true 126:14,16,18,23 212:3 127:14 129:13 137:6 10:21,23 11:5,6 24:15 29:23 34:12 286:9 215:5 217:22 221:4 246:18 146:19 148:12 154:1,22,23 26:23 27:5 29:13,19 30:9 truth 272:14,16 285:11 155:16 156:12 162:11 30:22 31:15,16 32:9,22 286:4 time 187:15 188:10,16,19 33:17,18 34:17 35:23 36:12 try 5:20,20 7:8 8:3 9:7 10:2,10 196:20 216:8 225:5 250:14 42:2 7:6 10:17 46:15 58:3 12:4,7,8,9 14:12,14 17:19 284:18,20 transcribed 259:13 22:8 23:21 25:9 32:1,1 told 286:8 trying 34:16 37:4,7 39:6 40:1 24:11 52:19 80:8 93:13,18 transcript 79:23 81:10 95:17 107:3 44:10,21 45:6 46:5 47:11 94:19 95:14 102:1,9 103:9 286:10 115:17,18 142:19 193:13 49:3,8 51:22,23 52:17 103:18 105:1,9,10 106:8,15 transcription 202:6 203:13 53:17 54:16 55:12 56:5,6 109:19 110:3 112:9 113:4 286:9 tsd 56:12 60:9 63:12,23 64:6 117:11 119:13,15 124:5,7,7 transfer 251:11 64:11,16,1865:6,1066:4 124:11 127:2 130:8,14,16 212:11 272:23 273:11,21 turn 66:23 67:3,7,12,20,20 68:2 135:13 137:8,15,18 153:7 transferred 273:21 69:1,6,13 73:1 74:18 76:14 154:6 173:21 192:9 195:16 66:1,2 turns 78:13,17 79:7 82:20 83:16 204:20 237:6 transformers 59:2 85:13,15 86:5,18 87:10,11 tons 112:4 228:4,7 229:13,17 twelve 89:6,9,20 90:1 91:7 92:4 259:5 transforming 4:8 132:2 197:1,4,8 93:8,10,13 95:1,22 96:20 148:20 HARTOLDMON0014104 [twenty - water] twenty understanding utilities wanted (cont.) 4:12,13,13,14,14 47:22 27:3 33:10 72:16 101:10,13 26:1______________________ 267:23 270:4 49:12 90:12 135:3 180:1 116:10,16 119:9 129:5 v wants 236:19 245:4,11 258:12,14 260:9 267:8,11 268:17,20 134:23 140:14 157:5 161:23 162:4,17 163:3 values 146:9 166:15 13:1 242:23 270:8 washed 268:21 272:14,16 275:5,8 284:21 285:13 tylenol 83:13 type 166:21 168:10 179:1,4 186:16 188:9,15 202:18 203:15 258:16 understood 97:6,8 98:4 103:6 128:12 vancleave 281:2 vapor 39:9 47:12 vapors 190:1 waste 10:22 11:6 21:13 28:20,23 33:1 34:18,23 36:2,9,23 37:9,18 38:13 42:16,17 31:8 46:19 54:6 58:19 131:14238:13 39:10 40:13,18,19 47:4 43:14,21 44:1,2,3 45:9 types 80:5 typical 47:13 68:18 u undertaken 219:1 undertook 166:9 undue various 280:8 vary 30:19 verification 46:22 47:2 49:6,10 51:11 52:14 53:12,18 54:6,13,19 55:3,17 57:4,18 58:11,12 59:18 70:19 73:18,23 74:2 74:4,4,18,19 75:2,7,12,15 uh 149:21 168:18 246:9 76:14,15,18 77:8 80:17,17 14:4 15:20 16:9 18:17 32:18 33:21 34:20 43:2,11 unit 50:10 262:7 264:6,14 verify 89:2 80:20,23 81:7,23 82:2 84:2 84:3 86:14,17 87:6,13,14 43:1769:11 73:1475:19 114:13 131:9 134:2 138:9 139:3,23 140:7 157:20 united 156:16 168:16 230:19 279:14 Vermont 24:17 25:6 versus 87:23 88:5,12,16 90:16 91:11,15,22 94:7,15,22 95:1,6 96:1,2 98:7 100:15 159:9 166:1 167:9,11 176:11,23 177:12 180:22 units 75:7,12,15 77:8 79:1 87:14 2:1 vice 100:18,21,23 105:12 128:6 128:17,23 132:13,16,19 197:13 203:20 215:4 221:8 224:9,15 227:12,22 228:5 240:8 244:10 249:14 132:19,19 140:15240:15 240:23 241:1 244:17,22 245:10 263:16,18 63:17 209:16,18 210:9 videographic 2:1 133:13 156:18 159:11 182:16 183:7 185:21 187:4 188:16 189:4,15 205:4,12 254:10 256:9 257:8,11 268:2 269:16 274:12 universities 31:11 33:20 view 111:8 220:10,13 232:15 235:3 236:7,14 240:12,15,18,22 275:18 276:3 278:6 university vinyl 241:1 243:6,13 244:16,21 ultimate 139:20 ultimately 63:17 108:15 121:21 125:5 145:12 163:23 167:1 24:16 28:6 29:5,16,17 34:13 284:16 285:3 unknown 215:22 unlawful 26:16 violates 264:22 violation 208:3,12,16 261:19 264:16 244:21 245:9 248:3,12 253:1,5,7,8 254:16,17 255:1 259:6,20 260:11,19 261:12 262:6,8,11 263:16 263:17 264:5,13 268:6 169:11 210:19265:11 263:23 violations 270:20 unannounced 87:9 uncommon 270:18 undefined unnamed 15:7 108:19,21 109:2 144:17 162:3 unrelated 70:22 199:19 underground 232:9 underneath 232:21 upkeep 77:4 upper 131:14 132:1,3 135:3 upside understand 59:3 6:17,22 7:1 17:5,6 18:19 27:4,5 46:14 49:13 75:11 use 46:4 57:3,7 82:21 83:1 79:10 95:19 97:7 99:17 101:9 115:19,22 116:8,12 116:17 118:22 128:15,19 133:11 159:5 232:18 273:23 uses 132:17 133:12 138:3 140:17,20 161:7 198:3,12 83:12 273:10 usually 203:14 214:7 215:6 223:18 88:11 264:9 271:17 183:15 visible 189:18___________________ wastes 44:9,11,14,18 51:21 57:12 83:18,19 94:4,10,10 97:21 101:5,6 147:17 204:14,22 w 251:10261:15 waived water 5:11,23 17:10 28:21,23 33:3 34:21 walnut 36:17,18 37:1,9,18 38:1,14 2:1 47:12 59:20 69:23 70:10 want 73:19,23 74:2,4,18 75:2 6:20,21 18:8 24:4 30:3,5,6 76:9 78:4 81:4,7 87:2 88:6 60:22 96:15 97:6 109:10,12 89:9 90:9,10,17 91:4,11,15 120:2,10 139:1 140:19,19 91:20 92:2,3,11 103:20,20 145:17 164:14 167:13 104:19 106:12 108:10,15 181:22 182:1,10 186:2,4 124:23 125:13,18 129:15 197:5 199:1,2,4 201:2,3,5,7 129:18,21 131:12,13,13,15 272:18,19 284:23 131:21,23 132:4 133:18,21 wanted 133:22 134:23 135:22 6:15 21:18 52:8 65:20 152:21 153:4,6 189:5 95:14 177:3 215:23 229:16 214:23 215:10,16,19216:5 HARTOLDMON0014105 [water - zero] water (cont.) wic workplace yeah (cont.) 216:14 220:10 222:11 70:4 275:22 248:16 270:18 274:7 223:4,13,14,17 232:15 wide workplaces 279:23 235:3,20 236:8,13,14 238:1 42:15219:13277:18,19 278:1 year 239:17 240:3 242:20 243:3 widely works 9:3 20:1921:7 30:11 32:17 243:4 246:8,9,12 247:6 148:18 155:12 74:3 198:10 203:5 258:18 248:1,3,6,11 249:1,6,7 wife workshops yearly 253:9,10 254:17,18 255:1 281:1 283:17 31:16 35:23 90:22 268:8,10 270:23 271:16 william worry years 272:1 273:15 3:6 122:11,12 9:14 30:23 32:14 49:12 waters willing worse 57:1 65:20 68:14 87:18 80:23 206:13 161:17 205:17 88:1689:11,12 145:14 wayne wind worst 183:22 198:19 218:5 233:1 281:15,16,16,17 125:5,9 273:5 204:21 236:20 271:15 283:10 ways winds wrestling yesses 180:6 121:16 115:17 88:22 weaver withdraw writing yesterday 280:16 24:5 39:20 102:5 286:6 10:9 week withdrawn written york 30:13,15 78:8 22:15,16,21 123:18 179:2 34:6 wells witness 254:20 262:20 264:3,8 young 78:4 131:17,18 132:1 3:195:11 107:9 286:1,11 267:18 278:9 65:7 133:18,21 134:9 135:23 286:17 214:13 215:3,7 217:1,7,22 witnesses 218:1 224:1,8 225:8 239:17 56:1 286:7 239:19 246:18 247:3,4,21 word wrong 170:6 207:8 212:7 wtp 220:8 zero 139:20 z 247:22 248:9,17 95:15 100:3 107:7 127:9 y went wording 33:16 34:1,10 35:3,7,9,19 58:14 y'all 38:11 39:13 40:12 44:11 36:4,8 38:19 55:4 61:1 words 46:4 49:6 50:11 52:2,4 76:8 65:23 66:8 67:1 71:19 72:2 28:15 284:8 72:3,18 78:13,18,19,21 work 79:14 92:21 93:3 95:22 7:15,16,19,20,23 8:6,8 97:15 101:23 104:9,22 21:10,15 24:21 25:8,12 107:5 121:10,13 125:19 27:16,1929:1041:651:10 76:11 83:5,15,21 86:15 92:1,10 99:14 119:17 120:2 12323 1286 19 1291 15 132:5,15,18 140:3 144:12 145:4 146:2,11 148:3 170:4 179:5,11 194:16 60:18 61:1,21 62:23 68:18 152:23 155:18 157:2,3 195:4 203:18 266:7 271:7 72:11 86:22 135:18 157:3 285:13 170:9,13 171:14 179:2 west 194:15 218:19 220:3 44:16 97:18 99:20 100:8 275:23 280:7 282:5,5,12,13 104:1,9 107:18 124:5 125:2 worked 160:13 161:8 162:12,21 163:22 166:7,11,17,19 167:21 168:7 169:9,14,17 170:8 172:4,22 174:12,18 178:21 179:5,11 180:9 125:10 129:16 138:8,9 149:6 western 99:10,13,15 124:9 126:20 130:21 136:16 142:5,16 7:17,189:1,7 41:9 42:20 50:1,8 62:21 70:2 86:20 89:4 97:9 136:5 140:3 142:19,23 167:10 192:12 209:7 238:7 181:16 182:4 183:15 184:23 188:23 189:15 191:19 193:22 195:2 201:16 206:5 216:4 231:9 233:21 234:16 235:15 156:8 188:11 214:3,9 worker 237:8 238:17 248:5,17,21 we've 227:15 275:23 workers 250:3,7,20 260:11 269:18 270:21 273:16 274:23 wheeler 113:15 whereof 65:13 worker's 33:7,8 y'all's 140:1 149:6 176:18 208:3 234:3 248:6 286:17 white working 41:1756:13 139:19 170:14 yeah 85:11 106:6 119:11 120:19 3:7 171:16 177:9 194:21 195:3 143:1 153:11 195:17 264:4 226:11 228:23 245:21 HARTOLDMON0014106