Document Exg0EB5QNrRz07zmNyEjN9X0j

In The Matter Of: WALTER OWENS, et al. v. MONSANTO COMPANY WILLIAM B. PAPAGEORGE, PE. March 13, 2001 BROWN REPORTING, INC. ATLANTA, AUGUSTA, ROME & SAVANNAH 1740 PEACHTREE STREET, N.W ATLANTA, GA USA 30309 (404) 876-8979 or (800) 637-0293 Original File 0313F.4FA.ASC, 176 Pages Min-U-Script File ID:3735898460 Word Index included with this Min-U-Script WATER PCB-SD0000017494 WALTER OWENS, et aL v. MONSANTO COMPANY [1] IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF ALABAMA [2] EASTERN DIVISION ra [4] WALTER OWENS, et al,, ) [5] Plaintttts, ) [6] vs. ) CIVIL ACTION FILE ) [7] MONSANTO COMPANY, ) NO. CV-96-J 0440-E ) [B] Defendant. [9] ) 10] [11] DEPOSITION OF [12] WILLIAM B. PAPAGEORGE, P.E. [13] [14] March 13,2001 [15] 10:00 a.m. [16] [17] 1355 The Peachtree Building 7th Floor [IS] Atlanta. Georgia [19] m [21] [22] Marcia W. Welch, CCR-A-172 [23] BROWN REPORTING, INC. [24] 1740 PEACHTREE STREET ATLANTA, GEORGIA 30309 [25] (404) 876-8979 BROWN REPORTING, INC. (404) 876-8979 WILLIAM B. PAPAGEORGE, P.E. March 13, 2001 Page 1 [1] APPEARANCES OF COUNSEL |2] On behalf ot the Plaintllls: PJ LARRY WRtGHT, Esq. [4] Mltchoff & Jacks, L. L. P. 111 Congress Avenue [5] Suite 1010 Auslln, Texas 78701 [6] [7] On behalt ot the Detendant: [8] JERE F. WHITE. JR., Esq. Lighttoot, Franklin, White, L.L.C. [9] The Clark Building 400 29th Street North [10] Birmingham, Alabama 35203-3200 [11] and [12] DAVID M. MOORE, II, Esq. Smith, Helms, Mullls S Moore, L.L.P. [13] 300 North Greene Street Suite 1400 [14] Greensboro, North Carolina 27401 |1S] [16] [17] [16] [19] [20] [21] [22] [23] [24] [25] [i] WILLIAM B. PAPAGEORGE, P.E., pi having been first duly sworn, was examined and pi testified as follows: (4] CROSS-EXAMINATION is] BY MR. WRIGHT: [6] Q: Mr. Papageorge -- [7] MR. WHITE: Before I forget it, let me [s] say this. Number one, we would like to [9] reserve the right to read and sign, and, [10] number two, Larry, as we mentioned before the [11] deposition started, Mr. Papageorge is here in [12] response to two of the topics of your [13] 30(b)5 -- I think it's 30(b)(6), excuse me, [14] Deposition Notice of February 19th. [is] The two topics are, the first one, [16] Mr. Papageorge did participate in the reasons [17] for the cessation of the production of PCBs [is] at the Anniston plant, and then the second [19] topic is that -- that he is here to address [20] is he is familiar with the undertaking of [21] providing warnings to customers and the [22] indemnification issue. [23] MR. WRIGHT: Thank you. [24] Q: (By Mr.Wright) All right. [25] Mr. Papageorge, I'm just going to jump right in. Page 2 Page 3 Min-U-Script (3) Page 1 - Page 3 WATER PCB-SD0000017495 JSTLLIAM B. PAPAGEORGE, P.E. tlarch 13, 2001 WALTER OWENS, etai v. MONSANTO COMPANY [i] lot going to talk to you about depositions Page 4 HI MR. WRIGHT: You can answer write. Page 6 Pl because you've been deposed enough. Let's take that Pl MR. WHITE: It mischaracterizes his 31 first subject on the 30(b)(6) Notice, the shutting Pl testimony. He can answer. (4] down of the Anniston PCB facilities. Why was it 14) Q: (By Mr.Wright) You can answer. !S] done? [5] A: The definition of irresponsible is is] A: I can think of two reasons at the pi subjective and depends on the perception of the 31 moment. One is that, by that time, Monsanto had [7) listener. There was nothing that my contacts with [B] stopped selling PCBs for half of its business, which (S) government representatives indicated that they would pi left the amount -- or the need for PCBs equal to the [9] pursue that route. io] production capabilities of either plant, the one in [10] Q: Have you not seen the memos that say that i] Sauget, S-a-u-g-e-t, and the unit at Anniston, [11] Mr. White of the EPA here in Atlanta told the zj Alabama.The question then was do we want to [12] Monsanto plant representatives that he was going to a] produce PCBs at two localities, and it's controlled [is] recommend a Justice Department suit against !] quite a bit by economics. Do you want two labor [i4] Monsanto? 5] groups producing the same products? [is] MR. WHITE: Object to the form. s] And the decision was based primarily on [16] THE WITNESS: I have seen that and I 7] which of the two facilities could be shut down as [17] recall it, but -- s] far as PCB production was concerned and still [is] Q: (By Mr. Wright) You were not present at 9] produce the quality and type of PCBs required by the [19] the meeting, correct, sir? ,>o] remaining customers. [20] A: I'm sorry? >i] The decision was then made to concentrate Il2i] Q: You were not present at that meeting? :z] it at the Krummrich plant, which was the bigger i[22] A: That's correct. . !3] plant and had a lot more capabilities in terms of i [23] Q: Well -- >4] maintenance force, management group, and all the jp4] MR. WHITE: I don't think he finished :5] r units that go to making a plant, as compared 1125] his answer. Were you going to say something Page 5 Page 7 ;ij to Anniston, which was a smaller plant and could not | [i] else, Mr. Papageorge? iz] provide the support that an operating unit might | Pl Q: (By Mr.Wright) You said you recalled : Pl require. Pi it. I was just wondering -- i4i Q: Is that the end of vour answer? [4j A: I recall the memorandum and the reference rsj A: I believe so, yes. [5] to that statement. is) Q: Okay. Is it your testimony that the [6] Q: Okay. m threat of the Justice Department to file suit [7] A: But I also was very aware that the Pi against Monsanto for pollution downstream from the [B] individual who made that remark did not have the Pl Anniston plant in 1971 had no effect on the decision Pl influence within the government structure to have o] to stop producing PCBs in Anniston? Iio] his opinion followed and the lawsuit filed. ii A: Definitely. [11] Q: In other words, Monsanto had more ,zi Q: How do you know that, sir? [12] influence with the government than Mr. White from si A: Well, I was actively participating in all [13] the EPA had? ,4) matters relating to PCBs and Monsanto and its [14] MR. WHITE: Object to the form.That's is] customers. At no time was that issue you just [is] not what he said. is] described perceived as being important to base a [16] THE WITNESS: I would not define it 7i judgment on. It just didn't support anything that [17] that way, sir. I would suggest that the s) sve knew about PCBs, and it would have been really [is] information available to Monsanto and to the 9) perceived by many as irresponsible activity when it [19] government and to the universities did not o) comes to an important group of products. [20] support that action. '] Q: It would be irresponsible to base at pi] Q: (By Mr.Wright) Let's go back to your 2| Ir^st part of vour decision on the fact that the P2] personal knowledge. When were you first made aware 31 ral Government is gening ready to sue you over [23] of the government's, through Mr. White's indication, 4] pollution? [24] that a lawsuit would be filed against Monsanto 5) MR. WHITE: Objeci to form. [25] Anniston as a result of pollution from the Monsanto `age 4 - Page 7 (4) Min-U-Script BROWN REPORTING, INC. (4o4) 876-8979 WATER PCB-SD0000017496 WALTER OWENS, et aL v. MONSANTO COMPANY WILLIAM B. PAPAGEORGE, P.E. March 13, 2001 [i]Anniston facility? [21 MR. WHITE: Object to form. PI Q; (By Mr. Wright) You can answer. (4) A: When you say "when," I just don't [5] remember any specific dates. pj Q: Then, I assume it's possible that you (7) didn't have notice of that until long after it had |B] occurred? PI MR. WHITE: I object, Larry. He has [10] told you he is familiar. You're [11] mischaracterizing his testimony. [12] MR. WRIGHT: I would respectively 113) request that you not coach this eminently [u] unneeding of coaching witness. [is] MR. WHITE: I respectfully request you [i6] not mischaracterize his testimony. |i7] MR. WRIGHT: I will do the best I can [is] within the constraints of the [i9] cross-examination. pc] Q: (By Mr. Wright) Sir, you can answer the pi] question. Is it possible you didn't hear about that P2] until long after the memo had been issued? 123] MR. WHITE: What do you mean by "long [24] after," Larry? _ sj Q: (By Mr. Wright) You can answer, Hi Mr. Papageorge. pi A: I have difficulty with the use of the PI word "long," because -- [4] Q: Months? [5j A: -- time was flying at that point -- P] Q: Let's assume -- [7] A: -- in this program. 1 Q: Let's define it as months. [9] A: As months? [10] Q: Yes. [11] A: It could have been months, sir, but I !i2] just don't recall how many. [13] Q: Could it have been years? !i4] A: At most, two years. [is] Q: All right. [16] A: At most. [17] Q: Now, with regard to the decision to shut [is] down the Anniston facility, who was that decision [i9] made by? 120] A: I was not present in the office of the pi] person making the decision, but a decision of that i22] type, and I can mention to you normally within 3) Monsanto, was made by the general manager of the [24] unit within Monsanto that is assigned the [25] responsibility of plants. Page 8 - Page 10 [1] Q: Who would that have been in 1971? [2] A: Howard Minkler. pi Q: Is Mr. Minkler still alive? [4] A: No. [5] Q: Would he have made the decision by [s] himself? [7] A: Well, he, of course, uses his staff, and [8] he listens to their advice; and his staff, at that [9] time, advised him to -- advised him of the need for [10] shutting down one of the units and suggested that lii)the Anniston plant be the one to shut down. [12] Q: Okay. Let me ask you this:Were you a [13] part of his staff during that period of time? * [14] A: Not of Mr. Minkler's staff. [is] Q: Were you present at any meetings where [16] his staff advised him that one of the plants needed [17] to be shut down? [ia] A: No. [is] Q: Were there any written documents po] evaluating the options of either,A, shutting down a pi] plant at all, or, B, deciding which plant to shut P2] down? Were there any writings? [23] A: I recall what I'm going to call minutes P4] of the meeting held by various members of [25] Mr. Minkler's team, of which I was a member. Page 9 [i] Q: All right. When was that meeting that pi those minutes applied to held? pj A: 1971. [4] Q: And where was the meeting held? [5] A: In St. Louis. [6] Q: When was the last time you saw those [7] minutes? [8] A: This morning. PI Q: Okay. [10] MR. WRIGHT: I don't think I have seen [11] those, Jere. I may have. [12] MR. WHITE: Yeah, you have. It's in [13] all the material that has been produced. [14] MR. WRIGHT: You going to get that? [is] MR. MOORE: Yes. [is] MR. WHITE: If you can get a clean [i7] copy. [is] MR. MOORE: I don't know that I can get [is] a clean copy, but I can identify it. po] Q: (By Mr. Wright) Any other writings that pi] you're aware of that relate to either the decision P2] to shut down one of the Anniston plants, or the P3] decision regarding which Anniston plant to shut P4] down? PS] A: I don't recall any. Pagu i BROWN REPORTING, INC. (404) 876-8979 Min-U-Script (5) Page 8 - Page II WATER PCB-SD0000017497 WILLIAM B. PAPAGEORGE, P.E. March 13, 2001 WALTER OWENS, et aL v. MONSANTO COMPANY Page 12 Page 14 [- Q: Okay. So this one document is all of the [ij not any larger at one plant than it was at the [t, ^cuments that you've seen, I assume? Pi other. P] A: Yes. Pl Q: But it's a balancing act that you would 14] Q: Was that the usual course of business for [4] expect to be documented by memoranda at least fs] Monsanto when making a decision of that magnitude, 15] evaluating the options, correct? In other words, IE] to not have any written documents relating to [6] you talked about, for example, that you don't want 17] investigations of options, recommendations, or any [7] to have two labor groups. [8] other written documents? [8] Which labor group do you want to keep? 19] A: When you talk about written documents, Pl Do you want to keep the union labor group in [io] you mean one that refers to -- like the one we lio) Illinois or do you want to keep the nonunionized in) talked about earlier? [i i) labor group in Alabama? Ii2] Q: Well, what you have told me is that you [12] That would be something that people would Ii3j recall there being one document related to this [13] want to evaluate, and I would have expected there to [i4] decision of whether to shut down a plant and which [14] be written memoranda discussing those considerations [is] plant to shut down, and that's the minutes of this [isi and other considerations regarding this major Ii6] meeting that we've talked about? [is] decision. !i7] A: Correct. [i7] MR. WHITE: Object to the form. ;i8] Q: Okay.And what I'm asking you now is was [isi Q: (By Mr. Wright) Is that not correct? Iis] it the normal course of Monsanto's business, in [i9] A: That's not necessarily typical. All of po] 1971, to not put anything else in writing about that po) this could have taken place in Mr. Minkler's [2i] magnitude of a decision? [21] office.That's it. 22] MR. WHITE: I'm not trying to [22] MR. WRIGHT: Can I mark this? 23] interfere. He just says he recalls one. He [23] MR. WHITE: Sure. 24] didn't say that is the only one, Larry. [24] MR. WRIGHT: I'm going to mark as 2S' (By Mr. Wright) You can answer, sir. ps] Exhibit Number 1, the memo -- or the notes, I Page 13 A: Well, the decision, like the shutting[2] down of one of the two PCB units, is a rare type of 21 decision, and in my personal experience, I haven't K] seen any decision of that magnitude being made and [5] put in writing. It just didn't occur. [si Q: Okay. [7] A: Now, the opposite decision, let's install ]B] a unit to make chemical "X" in which the request is is] included we need so many dollars to do this, they go io] out almost -- well, once a month.There are many of i.i] those. 12] Q: Okay. 13] A: So the communications do take place when 14] you add, but when you delete a production unit, that is] doesn't happen often enough to create a library of 16] documents. 17] Q: Well, when we talk about the magnitude of 18] the decision, I think you'll agree that shutting 19] down this multimillion dollar production facility '0] was a large decision in 1971? 2i) A: That's difficult to describe because the >2] decision to stop selling was really the large >3] 'sion, and you're now left with empty tanks.The 24] ^ _stion is, which of the empty tanks are you going 25] to get rid of. It's almost a balancing act. It's [1] guess, that you were describing a moment ago. [2] (Plaintiffs' Exhibit 1 was marked for [3] identification.) [4] MR. WHITE: I think they're minutes. [5] MR. WRIGHT: If I could just have a [6] second to look at it. P] (Discussion ensued off the record.) [B] Q: (By Mr. Wright) Let's go on the record. [9] All right. Mr. Papageorge, now that [10] we've got these memos or these minutes, does it [11] refresh your recollection that, in fact, pollution |i2] concerns at Anniston were a factor in the decision [13] to shut down the Anniston production facility? [14] MR. WHITE: Object to the form. Is |[is] there a particular part that you're referring I [is] to, Larry, just for the sake of time. '[i7] MR. WRIGHT: It's actually throughout j[is] the memo. [i9] Q: (By Mr. Wright) Paragraph 2 discusses po] whether or not it might justify spending PCB pi] pollution control capital at Anniston as a [22] consideration. Item 4 is entitled Can We Get -- [23] there is a delta, and I believe that stands for [24] pollution -- well. Can We Get Capital for Anniston ps] Pollution, and then it gives estimates of capital Page 15 >age 12 - Page 15 (6) Min-U-Script BROWN REPORTING, INC. (404) 876-8979 WATER PCB-SD0000017498 WALTER OWENS, et aL v. MONSANTO COMPANY WIULIAM B. PAPAGEORGE, P.E. March 13, 2001 Page 16 Page 18 [i) necessary for Anniston pollution control. It talks [1] Q: (By Mr. Wright) You can answer. PI about a ten ppb target at Snow Creek, and talks [2] A: I personally did not perceive the Bass PI about minimizing chlorinated terphenyl losses to [3] lawsuit as the lawsuit of concern. It was only an W postpone pressure on the use of 5432 in Pydrauls. [4] example of the kind of thing that could happen out [S] This is perhaps easier than for PCBs. [5] of the clear blue, and the Legal Department just !6] Then Howard Bergen opined that if we do [6] didn't want to face that for any reason. Pi our homework well in the other decision areas, we [7] Q: So you maintain your position that t8] can get the capital needed to support the decision [8] Monsanto didn't care a bit about Mr. White's threat (9i and JRS -- who is JRS? p] to have the Justice Department sue Monsanto as a [ioi A: He is the author of this document. [10] result of pollution downstream from the Anniston (11) Q:Mr. Savage? [11] facility? (12) A: James Savage. [12] MR. WHITE: He didn't say -- now, come (13) Q: The capital differences is $200 million [13] on, Larry. I'm not -- [M] more at Anniston. And then in Paragraph 7, which is [u] MR. WRIGHT: Let him testify. (is) entitled Do Legal/PR, which I assume means public [is] MR. WHITE: I'm not going to let you [16] relations? [is] take his prior testimony and intentionally [17] A: Yes. i [i7] misstate it. [ib] G: Do legal and public relations [is] MR. WRIGHT: Let him testify, Jere. [i9] considerations dictate, and the answer seems to be [i91 MR. WHITE: Hold on here. I can state po] not quite. While recent Illinois regulatory [20] my position. pi] activity indicates some threat that PCB control at pi] MR. WRIGHT: No, you can't. You can P2] WGK could become politically hot, Bill Papageorge - [22] say I object to the form of the question. p3] that's you - stated that the Law and Medical [23] MR. WHITE: Don't answer the question PA Departments and others would welcome a decision to [24] because of the form. as] shut down Anniston liquid Aroclor since the legal [25] MR. WRIGHT: I don't think you can say Page 17 [i] threats are more imminent and the problems more ft visible. [3] Now, isn't one of the legal threats that [4] was more imminent the threat by the Justice [5] Department to sue Monsanto over pollution at the 16) Anniston facility? Pi A: I believe you're referring to a case that Pi was filed, and, as I recall, it was named after a [9) fish, B-a-s-s, and covered industry in Alabama not [10] specific to PCBs; and as far as the Anniston plant [11] was concerned, as best I can recall, the Anniston [12] plant was dropped from that legal activity. [13] Q: Hadn't that been done before this memo [14] was ever conceived, sir? [is] A: Well, ves,but the thought was still in [is] the Legal Department's mind. [17] Q: Okay. So your testimony is that the [is] Legal and Medical Departments at Monsanto were more [i9] afraid of a defunct Bass lawsuit than they were of poj an imminent Justice Department Federal Government [21] lawsuit? [22] MR. WHITE: Well, now, defunct legal 3] lawsuit, that's incorrect. [24] Q: (By Mr. Wright) You can answer, sir. [25] MR. WHITE: Also argumentative. ! [i] that. [2] MR. WRIGHT: I just did.You're p] intentionally misstating his testimony. [4] Q: (By Mr. Wright) Do you refuse to answer [5] the question I posed to you, sir? [6j A: Yes, sir. [7] Q: Did you understand the question I posed [8] to you? . pi A: I think I did. |[io] Q: All right. ![ii] MR. WRIGHT: Let's put a mark by this i [12] so we can discuss it with the Judge later. [i3] Q: (By Mr. Wright) Item Number 3, PCB ii4] Pollution -- by the way, this statement about the [is] Law and Medical Departments, that was your [16] statement, correct? That was your part of the [17] presentation, correct? lie] A: I am quoted as such, tig] Q: All right. Do you have any reason to [20] believe that they quoted you improperly? pi] A: Only that I do not personally involve [22] myself as a spokesman for other professional [23] departments. So that doesn't fit in with my [24] behavior and recollection. [25] Q: Well, do you have a specific recollection Page 19 BROWN REPORTING, INC. (404) 876-8979 Min-U-Script (7) Page 16 - Page 19 WATER PCB-SD0000017499 WILLIAM B. PAPAGEORGE, P.E. March 13, 2001 WALTER OWENS, et aL v. MONSANTO COMPANY Page 20 Page 22 [ everything you stated at this meeting? [i] A: Yes. |2j A: No. I didn't keep notes, no. p] Q: Now, do you have any other recollection P) Q: And Mr. Savage did keep notes, correct, PI about the decision to shut down Anniston other than [4] apparently? [4j what we've discussed already this morning? [5] A: I have to assume that. I don't know p] A: Well, sir, I find that difficult to isj that. [6] answer. There is so many things that could be [7] Q: Was Mr. Savage an incompetent [7] thought of. [sj note-keeper? [8] Q: Well, can you think of any of them? PI A: Oh, I -- sir, I'm not qualified to judge pi A: Where does a fence go up and where does a no] note-keeping. j[io] road run and what do you do with the tanks. in] Q: All right. Was he ever censured or [11] Q: Well, do you remember any of that? !i2] disciplined for incompetent note-keeping, to your [12] A: Not specifically, but in general, when [i3] recollection? [13] you dismantle an operating unit, you end up with a ii4] A: Not to my knowledge. [14] different appearance and a different approach. [is] Q: All right. In the conclusions, one of [isj Q: Okay. Well, what's your general [is] the conclusions is that "PCB pollution capital at [is] recollections about this issue? What I'm trying to [i7] Anniston should be held to a minimum, consistent [i7] do is get closure on this issue, and so, you know, [ib] with the timing of the phaseout and reasonable [ib] I'm -- I need -- you're the man that Monsanto [i9] control of chlorinated terphenyl." [i9] designates as the man with the most knowledge on po] Do you recall anything else about that po] this subject, and I need to know what the knowledge ;2i] discussion other than what's written here? pi] is? 122] MR. WHITE: About the particular P2) MR. WHITE: Well, a man who 123] discussion on that subject? [23] participated in that decision. 124] MR. WRIGHT: Yes. P4] Q: (By Mr.Wright) Well, is there anybody [at 1R. WHITE: Okay, ps] with more knowledge than you on this issue? Page 21 Page 23 [1] THE WITNESS: I don't recall any [i] A: Of course, the people that were [2] specifics, other than they were obviously PI physically present at the plant when this [3] referring to a different chemical, the pi dismantling occurred. [4] chlorinated terphenyl, and I don't know the [4] Q: Well, they would be more knowledgeable :s] connection between PC -- I don't recall the [5] about the dismantling? 16] connection between PCB pollution and [6] A: Yes. ' [7] chlorinated terphenyl. OT Q: But what I'm talking about right now is [sj Q: (By Mr. Wright) Okay. And can you think [8] the decision to shut down Anniston. Is there PI of any connection between PCB pollution and [9] anybody else who has more knowledge of that area [10] chlorinated polyphenols? [ioj than you do and, if so, who is it so that I can go [11] MR. WHITE: In connection in that [11] talk to them? [12] decision or that discussion? Or in general? [12] A: I don't know of anybody that is -- was [13] MR. WRIGHT: In general. [13] closer to this subject than I was, sir. [u] THE WITNESS: In general? No, I don't [U] Q: Is Mr. Savage still alive? [is] recall. [is] A: The last I heard, yes. !i6] Q: (By Mr. Wright) All right. Now, on this [is] Q: In the St. Louis area? ;i7] last page, which is 150414, there is a flow chan, [i7] A: To the best of my knowledge. [isj correct? [is] Q: Okay. Is Howard Bergen still alive? [is] A: Yes, I see that. [i9] A: No. po] Q: And again, Paragraph 7 is listed there, po) Q: Is Mr. Richards still alive? pi] and it says, "Do legal/public relations pi] A: No. [22] considerations dictate," and if you say yes, it [22] Q: Okay. Let me go back to my original ps ns mothball Anniston, and if you say no, it means j [23] question. [24] ^^ep Anniston manned, correct? Is that the way the j[24] Is there anything else about the decision [25] flow chart works? 1 ps] to shut down one of the plants or specifically shut Page 20 - Page 23 (8) Min-U-Script BROWN REPORTING, INC. (404) 876-8979 WATER PCB-SD0000017500 WALTER OWENS, et al v. MONSANTO COMPANY WILLIAM B. PAPAGEORGE, P.E. March 13, 2001 [i] down Anniston, is there anything else about that Page 24 [1] A: Mars Hill. I think they touched on human Page 26 P) decision that you know, other than what we have [2] health effects there. Pi already talked about? Pi Q: Other than the Mars Hill case, you can't [4j A: Oh, that's such a broad question. I [4] think of any other case? [S] don't know what to -- how to respond to that. [5] A: I just can't think of any. pi Q: Well -- [6] Q: Have there been any? [7] A: When you say is there anything else I [7] A: I believe that human health effects would [s] know about the shutdown? [s] have been so important, you know, that I would never (9) Q: Yes, sir. Is there anything else you p] forget it. I just don't remember. [10] know about that decision other than what we have [10] Q: All right. Are you as sure about that as [11] already talked about and what is set forth on this [11] you are about your recollections about the closing [is] Exhibit Number 1? [12] of the plant or other items? [i3] A: Nothing comes to mind, no. [13] A: Yes. [H] Q: All right.Thank you, sir. [14] Q: Okay. Let'smove on, then. [is] Now, with regard to the indemnity issue, [is] A: Sure. [is] I'm not going to ask you very many questions because [i6] Q: You started to tell us about a lawsuit [it] you've been asked about that extensively in other Ii7] that Bass filed against Monsanto and others. Do you [is] depositions. [ib] remember when that lawsuit was filed? [19] I assume you stand by all your other [19] A: Late Sixties or early Seventies. Late [20] prior deposiuon testimony on that subject? [20] Sixties is as close as I can come. [21] A: If I recall them correctly. pi] Q: Now, you were the plant manager at [22] Q: Okay. Let's talk about the other [22] Anniston in -- from 1965 to 19 -- to the end of '69, [231 depositions that you have given regarding PCBs. Do [23] as I recall; is that correct? [24] you remember the first deposition that you gave in a [24] A: That is correct. is] case in which human health effects were alleged? [25] Q: So the Bass lawsuit was filed during your Page 25 Page 27 [i] MR. WHITE: Involving PCB? [1] tenure there at the plant? Pi MR. WRIGHT: Yes, sir. [2] A: If my memory serves me correct, I recall ra] THE WITNESS: Human health effects? pi hearing about it then, but that's as far as it [4] MR. WHITE: In which it was alleged. ` 14] went.There was nothing specific about what -- for [5] THE WITNESS: I'm sorry? [5] what I was responsible for producing at the plant [6] MR. WHITE: In which it was alleged. [6] and the Bass lawsuit. [7] THE WITNESS: I understand. I just. m Q: Who was Mr. Fuhrmeister? [8] don't remember PCBs and human health. [b] A: He was the superintendent reporting to me [9] Q: (By Mr. Wright) Okay. , [9] in charge of the -- what we call the Technical [10] A: Only in informal and open kinds of [10] Services Department, the laboratory, the engineers [11] discussions with the FDA and so on. [11] and the technical people. ;i2] Q: No, no, I'm talking about lawsuits, now? [12] Q: All right. And Mr. Fuhrmeister -- well, [is] A: Yeah, that's what I meant. [13] let me just ask you. Was there ever a concern at [i4] MR. WHITE: Like this lawsuit. 'lui the Anniston plant about mercury releases into the [is] THE WITNESS: I just don't remember any [is] waterways downstream from the Anniston plant? [i6] lawsuits that addressed the human health [16] A: I don't personally recall any reference [it] effect. [17] to a mercury release, although the potential for it [is] Q: (By Mr.Wright) Okay.You don't [18] occurring was there because it was used in one of [19] remember any other lawsuits in which people have [19] the processes. [20] claimed that they have been injured or they may be ! [20] Q: You don't think any mercury was ever [21] injured in the future by PCBs before this one? [21] released from the Monsanto Anniston plant while you i22] A: I'm having a hard time remembering a case [22] were there? 3] that involved a church near the plant, Anniston P3] A: I don't recall gening any reports of [24] plant. [24] that type. [25] Q: Yeah.There was the Mars Hill case? [25] Q: Do you recall there being any concern at BROWN REPORTING, INC. (404) 876-8979 Min-U-Script (9) Page 24 - Page 27 WATER PCB-SD0000017501 WILLIAM B. PAPAGEORGE, P.E. March 13, 2001 WALTER OWENS, et aL v. MONSANTO COMPANY Page 28 Page 30 [ 'l about mercury having been released or being [1] immediately to put into effect a plan to investigate t eased from the plant? [2] mercury concentrations in Snow Creek at its Pi A: No, I don't. (3j confluence with Choccolocco Creek. A long-range 14) Q: Now, you know and I asstime you knew back W method for reducing the mercury methods and an [5] then that mercury is a toxic material? [5] immediate means of reducing mercury levels." [6] A: Yes. [6] Then you were copied on this memo, [7] Q: And the hazards of mercury poisoning [7] correct? [3] are -- and mercury accumulation in fish and other IB] A: Yes. pi animals is fairly well documented, has been for a [9] Q: All right. Does that refresh your :io] long time? [10] recollection that there was a concern, at least in tii] A: Well, there are reports that document it, [11] January of 1967, about mercury leaving the plant and [12] and, like everything else, it depends on the amount [iz] polluting the streams below the plant? [13] and the time of exposure and the creature exposed. [13] MR. WHITE: Object to the form. [14] Q: Is mercury more toxic than PCBs? [U] THE WITNESS: I honestly don't remember [is] A: I'm not a health authority. I don't [is] that. lie] know. [16] Q: (By Mr. Wright) All right.About this [i7] Q: Okay. [17] same time, or I guess -- yeah, about this same time, [ia] (Plaintiffs' Exhibit 2 was marked for [ib] Monsanto had hired a man from the University of [i9] identification.) [19] Mississippi to investigate the waterways downstream 120] MR. WHITE: What is that, Larry? [20] from the Anniston plant, correct? ' pi] MR. WRIGHT: It's a letter to [21] A: Yes. [22] Fuhrmeister. [22] Q: That's a Mr. Denzel Ferguson? [23] MR. WHITE: What's the date on it? [23] A: Yes. 124] MR. WRIGHT: January 5th, '67. [24i Q: Mississippi State University, I'm sorry. 25) Q: (By Mr. Wright) Who was Gene Coley? [25] And he -- Page 29 [ Page 3* ;i] A: I'm sorry? Gene Coley? I [i] (Discussion ensued off the record.) PI Q:.Yes. [2] Q: (By Mr. Wright) What we are going to [3] A: Gene Coley -- [3] mark as Exhibit 3 is one of his reports.This one, [4] Q: This is from your Anniston days. [4] in particular, is dated February the 8th of 1967 and 3] A: God, I'm trying to place the name. [5] you're the lead copy on this document, report, [6] Q: Let me hand this to you and maybe this H correct? p] will stimulate the recollection. Why don't you take [7] A: Yes. [3] a minute to look at that document.That's, again, a [8] (Plaintiffs' Exhibit 3 was marked for PI document dated January 5th, 1967, DSW 107013. [9] identification.) [io] (A recess was taken). [10] Q: (By Mr. Wright) I'm not going to take ;ii] Q: (By Mr. Wright) Let's go back on the [11] the time to go through the entire report. I'm going ;i2] record. Have you had chance to look at Document i3] Number 2? [12] to look back here, however, in his conclusions. At [is] the bottom of the first paragraph of his conclusion u] A: I have. is] Q: All right. First question, I guess, does [14] paragraph on the last page of his report, it says -- [is] well, earlier, it talks about "Snow Creek is the 16] that bring back any recollections about who Gene [i6] only environment unfit for aquatic life." Then he 17] Coley was? is] A: Only that he was involved with the unit | [17] says: "Several materials in Snow Creek appear to [ib] accumulate in fishes caged downstream, but the ia] at the Anniston plant that produced chlorine and >oi caustic soda. [19] biological properties of these compounds are [20] unknown." :i] Q: Okay. And this memo to Mr. Fuhrmeister 2] documents a meeting held on January 5th, 1967, on [21] Do you see that in this document? [22] A: Well -- ' 3) * `hods of reducing the mercury content in the [23] Q: The last sentence in the first paragraph 4] e streams leaving the plant. It talks [24] of his conclusions? si about, "Objectives being set, and work has begun [25] MR. WHITE: Why don't you read the 'age 28 - Page 31 (10) Min-U-Script BROWN REPORTING, INC. (4o4) 876-8979 WATER PCB-SD0000017502 WALTER OWENS, et aL v. MONSANTO COMPANY WILLIAM B. PAPAGEORGE, P.E. March 13, 2001 Page 32 Page 34 [i]whole conclusion here just to put it in in up, is whether or not the accumulation of P] context. [2] PCBs eventually became a significant problem pi THE WITNESS: I have read the [3] in these United States. W conclusions. [4] MR. WHITE: You can answer that. Pi Q: (By Mr. Wright) Okay.The question is [5] THE WITNESS: I do not personally have [S] focused on the last paragraph -- I'm sorry, the last [6] any information that ties the accumulation of P] sentence in the first paragraph where it n PCBs in these samples to biological effects Pi says: "Several materials in Snow Creek appear to [B] or health effects. Pi accumulate in fishes caged downstream, but the [9] Q: (By Mr. Wright) Well, I thought one of [10] biological properties of these compounds are ioj the first effects that was noted from an [11] unknown." [i i] accumulation was the death of shrimp in [12] Do you see that? [12] Escambia Bay, correct? [13] A: I see that. [13] A: What is correct is the -- the death of [u] Q: My question to you is, sir, did you see [14] shrimp? I'm not aware of the death of shrimp other [is] that back in '67 when you got this report? [is] than juvenile shrimp in the laboratory at the -- I [ig] A: Yes. [i6i forget the laboratory, the Federal -- Commercial [i7] Q: Okay. Did you consider investigating to [17] Fisheries Laboratory. They found that baby shrimp [ib] determine what the materials in Snow Creek that are [is] are affected by PCBs. [ib] accumulating in fishes were? [19] The Escambia Bay situation, there was [20] A: We continued our program with the [2oj presence of PCBs in the water creatures, but there [21] Professor and he was to pursue the next step. [21] was no mention made of deaths. [22] Q: All right. [22] Q: Well, I guess that -- there was a concern [23] A: Now that we found them, what do they do. ]23i that PCBs were killing shrimp in Escambia Bay and [24] Q: All right. Were you concerned to find [24] whether or not anybody ever found the dead baby 25] out that materials were accumulating in fishes? [25] shrimp to do an autopsy on them, 1 don't know that, Page 33 Paga 35 [1] A: I was concerned with the possible [1] but there was a concern about PCBs killing shrimp in [2] biological effects. Presence alone does not mean [2] Escambia Bay or in other waterways? Pi problems. [3] MR. WHITE: Object to the form, m Q: Well, in fact, it wasn't too long after [4] argumentative. [5] this that presence of PCBs accumulating in fish and [5] Q: (By Mr.Wright) You can answer. [6] other organisms was perceived to be a significant [6] A: I just don't remember that conclusion. [7] environmental problem? [7] Q: Well, not the conclusion, but do you [8] MR. WHITE: Object to the form. [s] remember the concern? [9] THE WITNESS: I don't know what you PI MR. WHITE: Could you give him a hint [iD] mean by "significant environmental problem." [10] as to the concern? ;ii] Again, presence was the theme, the important [11] MR. WRIGHT: I have given the best hint [12] observation. [12] I can give, which is a concern about killing [13] Q: (By Mr. Wright) For PCBs accumulating in [13] shrimp in Escambia Bay or any other waterway [14] animals and other fish? j [14] in and around the United States of America. [is] A: Yeah, we're talking PCBs presence in many |[is] MR. WHITE: Okay. [16] samples. [i6] Q: (By Mr. Wright) Do you recall there ever [17] Q: Yes.You're unwilling to acknowledge [it] being such a concern? [is] that the presence of PCBs accumulating in fish and [is] A: The only concern that I am aware of is [19] other animals and even in humans, eventually, was a Ii9] the concern of this laboratory as it related to baby [20] significant problem? [20] shrimp and not the adult shrimp. pi] MR. WHITE: Talking about back at that [21] (Plaintiffs' Exhibit 4 was marked for 22] time? [22] identification.) j3] MR. WRIGHT: No. I'm saying [23] Q: (By Mr. Wright) Now, here is another [24] eventually.The original question that I got [24] report from Mr. Ferguson.This is Number 4. He [25] an argument on, and I'm trying to clear it [25] talked about Gene Coley dying, I guess, suddenly? BROWN REPORTING, INC. (404) 876-8979 Min-U-Script (11) Page 32 - Page 35 WATER PCB-SD0000017503 WILLIAM B. PAPAGEORGE, P.E. March 13, 2001 WALTER OWENS, et aL v. MONSANTO COMPANY Pag 36 I Page 38 iv : Oh, now I remember, [i]think it's Page 4. It's not clear. in .j: Do you remember? PI Q: Go ahead. PI A: Automobile accident, yeah, okay. [3] A: DDT, DDE, heptachlorepoxide, and down FI Q: And he talks about -- well, I will turn [4j below, again, there is methyl parathion, malathion, 15) this around. I can read upside down maybe better [5] parathion, heptachlorepoxide, DDE, DDD,.DDT. [6) than you can. It talks about how -- on this cover !6] Q: With all due respect, Mr. Papageorge, the m page, he talks about how the fish downstream were [7] only chemical that is mentioned in the letter dated is] dead and the fish upstream were alive. [8] 2nd, March, 1967, is mercury. Pi Do you see that? [9] MR. WHITE: Excluding the attachments? to] A: Let me read it. [io) MR. WRIGHT: The rest of it is a report 11] Q: I'm not going to ask you about everything [i i] and it talks about a lot of other things that 12) that's in there just for the sake of time. [12] you just mentioned; but in the cover letter 13] A: I have scanned the report. [13] where it says: "We hope to collect some dead 14) Q: All right. What I was going to ask you [14] fish for mercury analysis at the same is; about is on this first page and, again, this is [is) time ,'' that's the only chemical mentioned 16) copied to you, correct? [is] on that page, which is the cover letter, and 17) A: Yes. [i7] the one that's signed by Denzel Ferguson, ib] Q: On this first page, in the second [ib] correct? 19) paragraph, the last sentence, he says: [i9] MR. WHITE: In all fairness, Larry, for 20] "On Saturday," talking about his student, "he found po] purposes of everybody, the letter also says ji] that all caged fish below Anniston were dead. Those [21] "I'm enclosing a summary of recent 221 upstream were alive." [22] findings," so I think the attachment is part 23] Do you see that? [23] of the letter. 24] A: I do. [24] MR. WRIGHT: All right. 25] All right.And in the last sentence of [25] MR. WHITE: But it is what it is. Page 37 ! Page 39 :i] the next paragraph, he says: "We hope to collect [1] MR. WRIGHT: I will swear you next tz] some-dead fish for mercury analyses at the same [2] year. Pi time." PI MR. WHITE: All right, good. [4] Do you see that? [4j Q: (By Mr. Wright) Am I correct that the ;s] A: I do. [5] only chemical mentioned in his cover letter, where is; Q: Does that stimulate any recollection of a [6] he specifically says, we hope to collect some dead [7] mercury concern for pollution below Anniston? [7] fish to do an analysis, is mercury? is] A: No more than all the other chemicals Pi A: Specifically, he mentions mercury [9] listed in that report. pi analyses, but his last sentence: "I'm enclosing a io] Q: Well, I don't see any other chemicals [10] summary of some recent findings," which includes <} listed in the report, except for parathion. Is that [11] everything he has tested for to date. 2] what you're talking about? [12] Q: That's right. 13] A: Parathion and then they have several [is] A: And mercury remains -- remains to be 14] others on the following page. [i4] looked after. is] Q: Well, why don't you see if you can find [is] Q: That's right. 16) any others besides parathion? [i6] The next report is dated the 10th of 17] A: I have found, on looks like Page 3, a ![i7] March of '67. Again, you're a -- you are copied on is] reference to DDE, DDT, and DDD, which Monsanto did lie] the document, and -- i9] not manufacture, and lindane, which Monsanto did not [is] MR. WHITE: That is 5? >o] manufacture.There is a reference to malathion po] MR. WRIGHT: Yes. >i] which is sort of a cousin to parathion. [21] (Plaintiffs' Exhibit 5 was marked for >2] Q: Okay. [22] identification.) ?3] There is further reference to a different [23] Q: (By Mr.Wright) I guess it's the third i4] _des, a different sample, DDE, DDT, and lindane, [24] paragraph, Dr. Ferguson -- or Mr. Ferguson, whatever is) and the DDT, DDE are also referred to on Page -- I [25] he is, repons a meeting with someone who talks >age 36 - Page 39 (12) Min-U-Script BROWN REPORTING, INC. (404) 876-8979 WATER PCB-SD0000017504 WALTER OWENS, et al. v. MONSANTO COMPANY WILLIAM B. PAPAGEORGE, P.E. March 13, 2001 Page 40 | Page 42 HI about cattle dying after drinking from Dry Creek. j [i] those results? PI Do you see that? I p] A: Of course, I don't remember the numbers, p] MR. WHITE: Take your time to read it. pi but the levels were so low and it was up to [4] Do you need some more time. Mr. Papageorge? [4] Dr. Ferguson to evaluate them in terms of -- [5] THE WITNESS: I'm sorry. I'm reading [5] Q: Let me ask you, do you remember the is} the last sentence here. [6] levels being low or are you assuming the levels were (7i MR. WRIGHT: Please continue, then, [7] lOW? pi THE WITNESS: Okay. Do you have a [B] A: No. I remember they were low, but I pi question, sir? Pi don't remember the specific numbers. [is] Q: (By Mr. Wright) Again, I didn't intend ]io] Q: What does "low" mean to you for mercury? [in to spend a lot of time on the document, but in the [11] A: Well, I have forgotten what guidelines 1 [iz] third paragraph, this man from Mississippi State [12] was given by the knowledgeable people in terms of if [13] talks about an interview that he apparently had with [13] the level is of this magnitude, and your samples [14) a man at a gas station that told him about fish [14] show another magnitude, it's either lower or [is] kills at the Highway 202 bridge, and that several [is] higher. I don't remember the specifics. [is] cattle died as a result of drinking from Dry Creek, [16] MR. WHITE: Let's take a couple of ;i7] and that on Friday afternoons, the creek is a real [17] minutes'break. [18] mess, but Mr. Ferguson said, since he saw live [is] (A recess was taken.) [19] mosquito fish, he doesn't think the creek is as bad [i9] MR. WHITE: Let's put this on the [20] as the man says it is. poi record.This is something that you have and pi] Did you see that? pi] I'm just trying to head off something that [22] A: I see that. P2] will save you and me both some time, [23] Q: Did you see that back in 1967? j[23] When you were asking Mr. Papageorge [24] A: Yes. ]P4] about legal actions and threats and you were ,25] Q: Okay. Did that make you want to look |p5) alluding to the Justice Department's Page 41 Page 43 ii] further into what this man had been talking about? P) A: No, because I felt that Mr. Fuhrmeister [3] and Dr. Ferguson were both capable of addressing involvement, this is the only thing I'm aware Ij P! of. It's a November 11th, 1971, memo that I [3] references that meeting which was about a [4] this situation, and would eventually come up with [5] suggestions, understandings, impressions that they 16] got from their studies. m Q: Okay.Then in the next paragraph, and I [8] will just go ahead and read it: "I gave the [9] Mississippi State Chemical Lab two bluegills and a [10] carp for mercury analysis.They seemed to doubt [11] that they could do a quantitative analysis but [12] promised to do their best. If you people have [4] year later than that earlier memo. [5] I'm not trying to do your job. Like I IS] say, I'm trying to save both of us time. I [7] think that's what you were thinking about 18] when you were asking the questions, but [9] that's for your use and consideration. 1I (10) MR. WRIGHT: Okay.Thank you. j [11] Q: (By Mr. Wright) Let's get rolling. [12] (Plaintiffs' Exhibit 6 was marked for [is] competent chemists who could do mercury analyses on [i4] some of the dead fish from downstream, I suggest [13] identification.) [14] Q: (By Mr. Wright) Exhibit 6 is a Technical [is] that you get them busy, especially in view of the [is] cholinesterase data below." [17] Did you see that? [18] A: Yes. [15] Services Department Monthly Report for January of [16] '69. One quick question I have about these [17] Technical Services Department Repons -- [18] MR. WHITE: I'm sorry, what is the [19] Q: What did you do in response to his po) request? pi) A: Mr. Ferguson -- I'm sorry, 22] Mr. Fuhrmeister arranged for the Monsanto Laboratory ,23] to look at those samples for mercury. P4] Q: Do you know what they showed, because P5] with all due respect, I don't believe I have seen [19] date? [20] MR. WRIGHT: January '69,Technical [21] Services Department Monthly Report. 122) Q: (By Mr. Wright) Was this the very first [23] monthly report or was this in existence when you got j 124) to the plant? , [25] A: Oh, it's -- it was in existence for many BROWN REPORTING, INC. (404) 876-8979 Min-U-Script (13) Page 40 - Page 43 WATER PCB-SD0000017505 WILLIAM B. PAPAGEORGE, P.E. March 13, 2001 WALTER OWENS, et aL v. MONSANTO COMPANY p> ts prior to that. [2j /1R. WRIGHT: Okay.This is the very P) first one that I think we've got, and, Jere, P) let me just ask you and -- I don't know better [5] how to do it than just to ask you if you can is] get Mike or, David, maybe you can go back to 7] your fancy archive and find us the other [5] monthly reports prior to January of '69. pi MR. WHITE: Here's what I want you to poj do for me. My memory is not good. Could you pi] write me a letter? ;-.zi MR. WRIGHT: Let me write it right ;-.3l now. My memory is, I'm afraid, probably ;i4] worse than yours, is] MR. WHITE: Okay. And, yeah, if there is] are other ones, we will take a look at it. i7] MR. MOORE: Put the caption for that iB) report on there so it will help us identify 19] them. 20] MR. WRIGHT: Okay. 1 guess we don't 21] need to go too far back, but let's go back to 22] the beginning of your tenure, so let's say 23] '65. 24] THE WITNESS: I have no way of 25] 1** 3'4w*in6g.This probably goes back decades Page 44 ii] reduce it? Pag 46 pi A: No, I don't. ' 13] Q: All right. And then it talks about [4] "mercury-acid wash tank now in operation." What [sj did the mercury-acid wash tank do? 16] A: Mercury is used in the production -- [7] Q: Of chlorine? is] A: -- of chlorine given off and lye or PI caustic soda remaining behind. That caustic soda [io] creates a slurry or a sludge.The way to clean that pi] out is to expose this sludge-mercury bottom layer to [12] some acid to sort of wash it off. [13] Q: What are you washing off? Are you [14] washing off the mercury or the caustic or what? Ii5] A: It's primarily a caustic with whatever [16] mercury is picked up in this washing process. [17] Q: All right. Is that what creates the [iB] mercury butter? [i9] A: Yes. 120] Q: All right. So the mercury butter is a 121] waste product, essentially? 122] A: Yes. [23] Q: And it says it's being accumulated in the [24] wash tank. "To date no butter has been [25] acid-washed." Do you know what that means? Pag 45 [i] (indicating). 12] MR. WRIGHT: We don't need to go back [3] decades. [4] MR. MOORE: We don't know how many we is] have got or what period of time. [6] MR. WRIGHT: When did you get to the 17] plant, do you think? PI THE WITNESS:'65. pi MR. WRIGHT: Do you remember when in 10] '65? 11] THE WITNESS: Oh, let me think. About 12] June. id] MR. WRIGHT: Let's go from June of '65 i4] to January of'69. is] Q: (By Mr.Wright) Now, on this one, the sj only thing I want to ask you about is, over here, it 7] has different sections for different categories of a; the plant, and I'm not going to ask you about all of 9] them. I am going to ask you, on the chlorine plant, 0] there is an item that says, "reduce mercury usage 1] to .75 pounds of mercury per ton of chlorine." 2] Do you see that? 3] I do. 4] , Do you remember what the amount of 5] mercury per ton of chlorine was before you tried to [1] A: Well, it indicates that they had not been [2] using this acid, I talked about -- [3] Q: All right. [4] A: -- to clean off that mercury and get the [5] soda ash or caustic soda off of it. [6] Q: What happened to the mercury butter waste [7] before the acid wash process in '69? [B] A: As best I remember, it was being [9] landfilled in steel drums. ;[iqi Q: And the landfill, I assume, would be the jrii] south landfill up the mountain there? j[i2] A: I never referred to it as the south, but |[i3] it's up the mountain. I do remember that. ' [u] Q: All right. Back in those days, you [15] called it the dump? ; [16] A: I never used the word dump. It's [17] landfill. ||ib) Q: Okay. Did the other people at Anniston [19] call it the dump? [20] A: I -- not in front of me. [21] Q: Okay. Would you be surprised to see [22] memos and other publications referring to it as the [23] dump back in those days? [24] MR. WHITE: I object to whether he [25] would be surprised. Page 47 age 44 - Page 47 (l4) Mjjn-U-Script BROWN REPORTING, INC. (404) 876-8979 WATER PCB-SD0000017506 WALTER OWENS, et aL v. MONSANTO COMPANY WILLIAM B. PAPAGEORGE, P.E. March 13, 2001 Page 48 | Page 50 [1] Q: (By Mr. Wright) You can answer. As the Ml to get any help from that. I wish you did PI plant manager for five years, would you be surprised [2] because then I wouldn't have to ask the P] to see it referred to as the dump? Pi question. (4) A: Well, I would hesitate jumping to the [4j MR. WHITE: Feel free to look at it. 15] conclusions about the use of the word dump because [5] It might help. is) there were other spots in the plant that served as [s] THE WITNESS: As I remember, at this P) places where waste was deposited and they were [7] point in time, we could buy chlorine in tank is] called dumps. Eventually, that material that was Pi cars and didn't have to generate our own at PI deposited was sent back to the original process to [9] the plant, and this avoided what to do with I'Ql be recovered, so everything didn't go up the hill. [10] the caustic soda and all these other problems [11] Q: All right. I'm going to move on, you'll [11] associated with the manufacturing process. [12] be delighted to know. [12] Q: (By Mr. Wright) Including the release of [13] (Plaintiffs' Exhibit 7 was marked for [13] mercury into the environment downstream from the [14] identification.) [14] Anniston plant? [is] Q: (By Mr. Wright) Now, let's look at [is] MR. WHITE: Object to the form. [ic] Exhibit 7.This is a Progress Report from the [16] THE WITNESS: That was not a factor. Ii7] Technical Services Department dated February 24th of [17] Q: (By Mr. Wright) Okay. And, again, your [13] '69, and you're up there at the top of the Anniston [18] testimony, based upon only your recollection, I [is] receipt list, and this is from E. G. Wright and then [19] assume, is that the environmental considerations [20] W. F.Taffee is in parenthesis. Do you see that? [20] from the release of mercury that were being studied pi] A: I do. pi] by Mr. Ferguson and Mr. -- reported to Fuhrmeister, [22] Q: And the title of the document is Anniston [22] but reported by Ferguson and later on Sutkass & [23] Plant Departmental Waste Audits, and the purpose is [23] Gunning, that a concern about mercury had no impact [24] to "identify the major waste components from all the [24] on the decision to shut down the chlorine plant in 25; operating departments and to provide reliable flow [251 '69?______ Page 49 Page 51 m data so that waste losses can accurately -- can be [1] A: Well, those are two separate questions to [2] accurately calculated," correct? [2] be answered. P] A: I see that. [3] One is, is the mercury present in [4] Q: That's the purpose of this document? I [4] quantities and places where it could cause !] A: Yes. Pi unacceptable damage as compared to the purchase of [8] Q: All right. In the Departmental Audits [6] chlorine based on an economic decision. You buy [7] section, the Chlorine Department, they say they're [7] this pure material in tank car lots and it's is] not going to audit the Chlorine Department because [8] competitive market, it flows into the plant, you :9] that's going to be shut down. "However, samples [9] hook them up and use it, so there is two types of ;ic; from the east limestone pit will be analyzed for [10] decisions that were involved. ;i". mercury because of the toxicity of this material." [11] One was not related to the other at all. [i2] Do you see that? [12] Q: Okay.That's my question. We've spent a is) A: I do. [13] good part of this morning going over documents that [14] Q: Did you agree with that plan of action? [14] indicate that, at about this same time, your iis] A: Yes. [is] consultants were concerned about finding mercury in [ic] Q: Why -- now, you were involved, I assume, j[i6] fish downstream from the plant or documenting the [i7] in the decision to shut down the mercury -- I'm [i7] amount of mercury in fish downstream from the [is] sorry, to shut down the chlorine plant which used [is] plant. Ii9] the mercury, correct? [19] We have seen documents that indicate that iso] A: Yes. [20] you folks at the plant were concerned about pi] Q: Okay. Why did you decide to shut down pi] minimizing mercury losses from the plant, and your [22] the chlorine plant that used the mercury in 1969? [22] testimony is that those factors, i.e., any a] MR. WHITE: If you need to refer to 123] environmental considerations, had nothing to do with [74] this document. [24] the decision to shut down the chlorine -- [25] MR. WRIGHT: I don't think you're going [25] MR. WHITE: Object to the form. 3ROWN REPORTING, INC. (404) 876-8979 Min-U-Script (15) Page 48 - Page 51 WATER PCB-SD0000017507 WILLIAM B. PAPAGEORGE, P.E. March 13, 2001 WALTER OWENS, et aL v. MONSANTO COMPANY [i T: (By Mr.Wright) -- plant? Paga 52 I [1] all these other chemicals that Dr. Ferguson Page 54 a a: Very true in that when you say the [2] had found, the DDT, DDE. You remember that Pl personnel at the plant were concerned about losses P) long list, lindane and on and on, and w) of mercury, this reflects the fact that when you 14] although he doesn't specifically say p] shut down a unit, you're going to create losses that [5] biological effects due to mercury were not pi were not noticed when you're operating a unit as it Pi noticed, he just said no biological effects [7] should be, carefully, under control, and at a m were noticed. In my thinking, that includes fB] uniform rate and all the other considerations that [Bj all chemicals they identified. , PI take place. [9] Q: (By Mr.Wright) Well, with all due [io) Q: Well -- [ioj respect. Mr. Papageorge, the chemicals that you in] A: So -- [11] talked about were in the report. In the letter in [12] MR. WHITE: Let him finish. [12] which he's requesting information, he's asking to ;i3] MR. WRIGHT: I'm sorry. Were you [13] have the amount of mercury in the fish quantified, ;ii) through? [14] and he doesn't have that quantified yet, apparently, [is] THE WITNESS: I lost my line of ![is] and I have not ever seen the documents where that i6j thought, but it had to do with -- and then j[ioj was quantified? ;i7] Dr. Ferguson, he always -- well, he reported 117) A: You're right. In the fish? ;ib] the presence, but if you will recall in one [is] Q: In the fish? is] of those exhibits, at least I think I read in [19] A: Not in the environment that the fish are 20] here, is that he did not associate any [20] swimming in? 21] biological effects on the amount of mercury [21] Q: Right. I haven't seen that quantified, 22] present. [22] either, but right now we're talking about fish. 23) Q: (By Mr.Wright) With all due respect, [23] A: Okay. 24) Mr. Papageorge, I don't think that's in any of those [24] Q: Do you remember any documents that were 25) 'uments that we've gone through this morning. [25] given to you where it said, we don't have anything Page 53 Page 55 ;i] However, I think what you might be referring to is [1] to worry about with regard to mercury? Mercury is :2] where he said -- and I don't know what it is is [2] not a problem in Anniston? Do you remember any P] accumulating in the fish, and I don't know what the Pi documents like that from the '65 to '69 timeframe? u] biological effects of that are. I did not mean to [4] A: Documents, no, but the thought prevailed ;5] imply that that's mercury. Frankly, I think that's Pi throughout the plant. ;6j the PCBs he was finding. [6] Q: This is just some recollection that you 7) A: When you say I, you were quoting -- [7] have from back in those days? Pi Q: I'm quoting myself. 18] A: I just don't recall. :sj A: Oh, yes. [9] Q: Okay.The document that we do have, io] Q: Because I think you were assuming that I [10] however, which is one -- one of which is Exhibit ii] was referring to that unknown material as mercury, [11] Number 6, talks about an effort to reduce mercury ?] because that's how you answered the question just [12] usage by putting in some new technology, correct? 13) now. [13] This is in January of '69. 14) MR. WHITE: Is that a question or [14] A: That's during the shutdown? is] what? [is] Q: It's before the shutdown? 16] MR. WRIGHT: We're trying to get things [16] A: Well, preparing for it, okay. 17] straight. [17] Q: Now, what -- well, were there any ib] MR. WHITE: Oh, okay. It was a he [is] documents, and I'm going to ask you a similar is] thought, I thought. [i9l question to what I asked you first thing this ?d] MR. WRIGHT: That's exactly right. He [20] morning, were there any documents that documented ii] thought something, I think, which was [21] the decision process for shutting down the mercury :2] incorrect and I may have led him to that [22] using caustic chlorine operation? >3] rrect assumption based on my questions. [23] A: I don't recall any. i4] ,R. WHITE: That's fine. [24j Q: Was that a decision that you made? '5) THE WITNESS: I included mercury with I[25] A: No. 'age 52 - Page 55 (16) Min-U-Script BROWN REPORTING, INC. (404) 876-8979 WATER PCB-SD0000017508 WALTER OWENS, et aL v. MONSANTO COMPANY WILLIAM B. PAPAGEORGE, P.E. March 13, 2001 Page 56 Page 58 [1] Q: Who made that decision? [i] Q: In the HCL Department, it says: "The (2) A: Well, there's several people that come to Pl primary waste products from this department are Pl mind.They were part of the division's [3] hydrochloric acid and organic (Aroclor) material." [4] manufacturing team, people like Homer Carter, Paul [4] Did I read that correctly? Pi Hodges. I forget all their names, that were in [5] A: Yes. Pi place at that time, and they reported to pi Q: The next sentence says: "Presently, the Pi Mr. Minkler. [7] HCL Department is sewering approximately one-third Pi Q: So there were people in St. Louis that [81 of the production or three" -- is that 30,000 pounds Pl would have had to have been involved in the decision [9i per day, an M with a line over the top of it? (io) to shut down the caustic chlorine operation? [io] A: That is thirty -- I think it's -- has to (ill A: Yes. in) be 30,000. (i2i Q: Were there any memos that went back and [i2] Q: Either it's 30,000 or 30 million and [i3l forth from Anniston to St. Louis about the decision [i3i 30 million would be a bit much? (14) to shut down the caustic chlorine operation? [i4] MR. WHITE: Would be a little high. [is] A: Not that I'm aware of. [is] Q: (By Mr. Wright) Yeah. So, "a third of [i6j Q: In the normal course of Monsanto's [16] the production or 30,000 pounds per day (based on [i7] business, would you expect there to be memos going [17] theory).This causes problems with the operation of (is] fromAnniston to St. Louis or from St. Louis to [is] the east limestone pit." [is] Anniston regarding the decision to shut down the [i91 That's the one that the Aroclor wastes [20] caustic chlorine operation? [20] flowed into as well, correct? [21] A: No memos. Maybe a telephone call. [21] A: Yes. P2] Q: Would there have been calculations to [221 Q: "These losses are intentional because the ' [23] determine whether it would, in feet, save money to [23] operation is trying to purge organic material," and r24j shut down the caustic chlorine plant and start [24] Aroclors are organic material, correct -- ;] buying chlorine by railcar lots? [25] A: Yes. Page 57 Page 59 ' [i] A: I never saw any. [1] Q: --''from the HCL system in an attempt to [2] Q: In fact, do you have firsthand knowledge [2] produce Staley Grade (organic-free) hydrochloric ' Pi that any such calculation was ever made? Pi acid." So at least as of the time of this memo, [4) A: No, I don't. [4] Monsanto was intentionally sewering material that it Pi Q: In fact, sir, you do not have any [5] knew contained Aroclors? Pl firsthand knowledge about why the decision was made [6] MR. WHITE: Object to the form.The Pi to shut down the caustic chlorine plant in 1969? [7i document speaks for itself. [8] MR. WHITE: Object to the form. He has [s] Q: (By Mr. Wright) Correct? Do you recall [9] already testified to that. [9] that? [10] Q: (By Mr. Wright) You can answer, sir. [10] A: Well, vour use of the word "sewering" -- [11] A: Would you define "firsthand knowledge" [11] Q: That's in the document.That's not my [12] for me? [12] word. It's the word that's in the document. [is] Q: Involvement in the decision? [13] A: Well, okay. In this instance, this [i4] A: In other words, was I in the room when [14] sewering means it was directed to this pit which was [is] this was discussed, that kind of thing? [is) lined with crushed rock, in which the hydrochloric [i6] Q: Yes. [is] acid would be neutralized, and any other materials [it] A: No. [i7] associated with it would settle to the bottom, and [ib) Q: Okay. Now, the other thing I wanted to [is] every so often, that pit would be cleaned up. [191 talk about with regard to Exhibit Number 7 is in the [i9] Q: Well, Mr. Papageorge, aren't you aware [20] HCL Department, and HCL is hydrochloric acid, !2o] from other documents and, frankly, from your pi] correct? pi] experience there at the plant, that all of the "2] A: Correct. [22] organic material, i.e.,Aroclors did not settle to 1 Q: That was a by-product of the Aroclor [23] the bottom but, in fact, some of it escaped from [24] manufacturing process, correct? [24] that pit into the drainage ditch and eventually into [25] A: Correct. [25] Snow Creek? BROWN REPORTING, INC. (404) 876-8979 Min-TJ-Script (17) Page 56 - Page 59 WATER PCB-SD0000017509 WILLIAM B. PAPAGEORGE, P.E. VIarch 13, 2001 WALTER OWENS, et aL V. MONSANTO COMPANY Page 60 Page 62 [v : Well, I'm aware of this drainage ditch [1] in the effluent and went into the drainage ditch [2] and the use of the expression Snow Creek is -- [2] downstream from the plant? P) we have to be careful how we use that, because the [3] A: Some did, but not necessarily with this !4] plant used that expression to describe any facility [4] HCL transfer. [S] that allowed water to drain from the area. is) Q: Well, the HCL transfer took it into the [si Now, Snow Creek was not named for that [6] limestone pit? 17] one segment, didn't carry the name, but the plant [7] A: Yes. [B] personnel, when talking to each other, they would [8] Q: And then that joined all the other [9] use the expression Snow Creek.That was quite 19] Aroclor wastes that ended up in the pit, correct? 10] common. [10] A: Yeah, yeah. 11] Q: Right. [11] Q: And some of that ended up leaving the pit 12] A: And developed years ago. [12] and going into the drainage ditch? 13] Q: The drainage ditch eventually flowed into [i3j A: Some did. 14] or joined, let's say, Snow Creek? [i4] Q: Okay. Now, the other division that's is] A: Yes. [is] discussed here, the other department allotted, is is] Q: Downstream from the plant? [is] the Aroclor Department, and it talks about the i7] A: Yes. [i7] primary wastes from the Aroclor Department are is] Q: And what you're saying is that sometimes [is] organic material and hydrochloric acid, again, 19] the plant personnel would refer to the drainage [19] "These wastes originate from spills, pump leaks, or 20] ditch as Snow Creek? [20] when the department is being cleaned up. Due to the 21] A: Correct. [21] recent concern over chlorinated biphenyl (Aroclor) 22] Q: Okay. Even though it "was really a [22] compounds being found in the" -- I can't read that. 23] tributary to Snow Creek? [23] Can you read it? 24] A: All right, a tributary is a good word, [24] MR. WHITE: Tissues. 55] [25] Q: (By Mr. Wright) -- "...tissues of some [1] Q: Okay. But. in any event, the question [2] was, in fact, all of the organic material, i.e., [3] Aroclors, did not stay lodged in the limestone pit [4] but, in fact, some of that material escaped from the [s] pit and into the drainage ditch and wherever the [5] drainage ditch went, correct? [7] MR. WHITE: Is that a question? ;b] MR. WRIGHT: Yes. Pl THE WITNESS: Well, my hesitation is io] due to the fact where we started talking ii; about the HCL Department and the sewering -- it] Q: (By Mr. Wright) Right. We talked about 3] the material leaving the HCL Department, u) 30,000 pounds a day? is] A: Right. 16] Q: And the intentional sewering of that 17] material, trying to purge the organic material, ib] i.e..Aroclors? 19] A: Right. 20] Q: And that that ended up going to the 21] limestone pit? 22] A: Correct. 23] : And my question to you is, is it not true 24] some of the organic material that ended up in 26] the limestone pit eventually left the limestone pit Page 61 [1] animals and the effects of these compounds on the [2] palatability of fishes, it is necessary that the Pl quantities of this material being lost is [4] determined." [5] Did I read that correctly? [6] A: You did. [7] Q: Did you agree with that notion at the [8] time you got this memo? Pl A: Certainly. This is pan of our overall [10] study. [11] Q: All right. I want to talk for just a [12] second in general about your time at the Anniston [13] plant? [14] A: Okay. [is] Q: Monsanto had instructions to its workers [i6j about safety, correct, there at the Anniston plant? [i7] A: Yes. [is] Q: And, specifically, the instructions to [i9] the Aroclor workers were to try not to breathe po] Aroclor vapors, to try not to get Aroclor on your [21] skin, and to try not to get any Aroclor in your [22] mouth, correct? [23] A: Correct. [24] Q:And Monsanto had precautions or [25] instructions that were intended as precautions to Page S3 Page 60 - Page 63 (18) Min-U-Script BROWN REPORTING, INC. (404) 876-8979 WATER PCB-SD0000017510 WALTER OWENS, et aL v. MONSANTO COMPANY WILLIAM B. PAPAGEORGE, P.E. March 13, 2001 Page 64 Page 66 [1] the workers. For example, Monsanto issued the [ii specific to PCBs. It helped a little bit. [2] workers impermeable gloves to use when handling [2] Q: (By Mr. Wright) Now, Monsanto also PI Aroclors, correct? [3] recommended that its employees take a shower at the K1 A: Correct. w end of its -- Aroclor employees take a shower at the [5] Q: Monsanto issued Aroclor workersclothes [5] end of their shift? [si to wear that Monsanto would then launder for them to [6] A: Well, that was one of the [7] minimize their exposure to Aroclors? [7] recommendations, yes. [Bi A: Correct. [8] Q: Monsanto also recommended that if an [91 Q: Monsanto issued covers for shoes of an [9] employee got Aroclor on his skin, he would [io] impermeable material to minimize workers' feet [10] immediately, if his job allowed it, wash it off? [i i) contact with Aroclors, correct? [11] A: Correct. [izi A: Correct. [12] Q: Monsanto advised its employees that they li3) Q: In some instances, Monsanto issued what [i3[ should not ingest PCBs? [i4] I'm going to call rubber suits to protect workers [i4] A: That is correct. [is] from Aroclor contact? [is] Q: I'm going to get you on the rubber suit [is] MR. WHITE: Rubber suits? [is] deal. I'm still looking for that. Maybe I'm not. [i7] MR. WRIGHT: I'm going to call them [17] Well, I guess I'm not, because I think your answer [13] rubber suits.They were an impermeable [is] was the same. [19] material. I don't know whether it was rubber [is] The question in the Scott deposition [20] or plastic or what. [20] was: "Did you have available in the PCB Department [21] THE WITNESS: I don't recall any [21] materials that employees could put on the portions 122] instance that required that degree of [22] of their skin that they could not cover with some [23] protection. [23] type of rubberized -- that they could not cover with [24] Q: (By Mr. Wright) You don't remember them [24] some type of rubberized material" -- actually, 25] having those suits available to them if they chose [25] that's the wrong question. Let's hold that Page 65 Page 67 ' [i] to wear them5 [1] thought. Let me ask you this question differently. : [2] A: Those suits were available to all [2] In addition to those other materials that : 13) employees at the plant, including me, and we never [3] we talked about, there was a rubber-coated skull cap [4] had a situation that resulted in a shower of PCBs W that the employees could use to keep PCBs off of [5] requiring wearing such protection. [5] their head? [si Q: I can't find my reference in one of your [6] A: Yes. [7] previous depositions. ' m Q: Okay. And with regard to the clothing [B] MR. WHITE: Your rubber suit [8] that was issued, was it also true that if they were [9] reference? [9] doing a job where PCBs might come in contact with [10] MR. WRIGHT: Right. |(io] their clothing, that is when they would then wear [11] Q: (By Mr. Wright) In any event, there were I [i i] the rubber-coated clothing that would keep the PCBs [12] rubber suits available, but you don't remember [12] from coming into contact with their regular [is] whether they were worn in the Aroclor area during [13] clothing? [14] vour time? [14] MR. WHITE: Are you asking him if he psj A: I don't recall any incident requiring [is] said that? [io] such protection. ]i6] Q: (By Mr.Wright) I'm asking you if that's [it] Q: All right. Did Monsanto have a lotion [i7] true. I will just -- so that there is no secrets [is] that employees could rub on their skin to prevent [is] and I'm not sneaking up on you, that's from [is] Aroclors from being absorbed through the skin? [ig] Page 20 -- [20] A: We had some of that, yes. [20] A: The previous answer I gave was for a [21] MR. WHITE: What type of lotion was I]2i] complete outfit. [22] it? [22] Q: Okay. 3i THE WITNESS: I don't know how to [23] A: The general practice was to put on long [24] describe it.The idea was to provide a coat [24j leggings with suspenders to cover the lower parts of [25] that nothing could penetrate. It wasn't [25] their bodies, depending on the type of job that they BROWN REPORTING, INC. (404) 876-8979 Min-U-Script (19) Page 64 - Page 67 WATER PCB-SD0000017511 WILLIAM B. PAPAGEORGE, P.E. March 13, 2001 WALTER OWENS, et al v. MONSANTO COMPANY [i) x involved in. Page 68 [i] Q: Well, they were tuned into the idea that Page 70 pi r. Like rubberized overalls kind of? 12] Monsanto wanted to buy their hogs? P) A: Yes, that's a good way to describe it. Pi A: Yes, but it also told them that there is [4j MR. WHITE: Or waders. [4] something wrong with those chemicals, and that's why is) Q: (By Mr. Wright) And so that was done in [5] the hogs were being purchased, and let's avoid this [6] the Aroclor Department from time to time? 16] happening again. Pi A: On occasion, but not too often. [7] Q: What told them that? [s] Q: Okay. The bottom line on all of this, is 18] A: When the Monsanto representatives Pi that Monsanto took whatever measures were necessary [9] approached them and said, We want to buy up your 10] to prevent its workers from coming in contact with [10] hogs -- 11] Aroclors? [11] Q: Who was that, first of all? Who was the 12] MR. WHITE: Object to the form. [12] Monsanto representative? 13] Q: (By Mr. Wright)To the best of [13] A: I think Gene Coley. 14] Monsanto's ability? [14] Q: Were you one of them? is) A: I know, but I hesitate because the steps [is] A: No. is] taken to protect the worker was not unique to PCBs. [16] Q: In fact. Gene Coley was dead at that i7] It applied to many other chemicals produced at the [17] time, sir, wasn't he? ib] plant. [is] A: Was he? That's why I used the word I 19] Q: Okay. Nevertheless, Monsanto took all [19] think.That was one of his assignments. Now, it 20] these precautions and gave the workers all these [20] could have been Bunky Wright who followed him, but 21] instructions in an effort to prevent the workers [21] I -- no, Bunky came much later than that. It was 22] from coming into contact, their bodies, from coming [22] Monsanto individuals speaking for the plant, let me 23] into contact with PCBs? [23] say that. It wasn't me personally, no. 24] A: Right. [24] Q: All right. So you weren't involved in 25] Now, I want to ask you another question* [i] * * * 5 * 7 [25] any discussions with any neighbors of the plant Page 69 Page 71 [i] about your time there at the Anniston plant. During [1] about any kind of pollution outside of Monsanto's 12) your time at the Anniston plant, did you ever warn [2] plant? Pi the neighbors of the Anniston plant about the P] A: That is true.That's why I had 150 14] presence of PCBs in the environment outside of the W people egging me on. [5] Anniston plant? [5] Q: Okay. Did you assign anyone to advise 16] MR. WHITE: Object to the form. What [6] the neighbors of Monsanto's Anniston plant about PCB [7] do you mean in "the environment"? [7] pollution outside of the plant? |b] Q: (By Mr. Wright) By "environment," I mean [B] A: No such person was appointed because we rri air, water, dirt, fish, hogs, anything. Did you [9] didn't have any good information. We were still io) ever warn the neighbors of Monsanto's Anniston plant [10] generating information. ;ii) about the presence of PCBs in the environment around [11] Q: Okay.Are you aware that -- well, let me 12] the plant, and if so, I would like to know when and ;i2] just ask. After you left Anniston, did you ever 13] where and who it was and who was present, so forth? [i3] instruct anyone to give any warnings to Monsanto's 14] A: Warning the neighbors of the plant would [u] neighbors in Anniston, Alabama? 15] require good medical and technical information, [is] A: There was no reason to give anybody such is] That continues to be lacking even to this day. [16] warning. 17] There is no medical information to share with the [17] Q: All right. Now, Monsanto, in fact, did is] neighbors, and sharing with the neighbors the [ib) give warnings to its customers in 1971, correct? is] analytical methodology and so on serves no purpose. [is] A: '71? 20] You had mentioned about the hogs. Yeah, [20] Q: Maybe 1970.1 might be off a year. 21] the neighbors knew about that one. In fact, that's [2D A: 70. 22] how we heard about it.These hogs were running [22] Q: All right.As soon as you got to your 23] vnd and we rounded them up and disposed of them, [23] new job, one of the first things that happened was 24] . the so-called owners, they were tuned in, very 25] much so. [24] that Monsanto gave warnings to its customers about [25] the environmental risks and problems associated with 3age 68 - Page 71 (20) Min-U-Script BROWN REPORTING, INC. (404) 876-8979 WATER PCB-SD0000017512 WALTER OWENS, et aJL v. MONSANTO COMPANY WUXIAM B. PAPAGEORGE, P.E. March 13, 2001 Page 72 m PCBs? [21 A: Presence was the only thing we had that P! was generated and provable. Effects were not W determined as of yet of any kind. And to this day, [5] they are not determined. [6] Q: Well, in all fairness, Mr. Papageorge, [7] you have not kept up with the medical or scientific [1] MR. WRIGHT: That will give me a little [2] bit of closure on this. [3] What I'm trying to do is wrap up -- [4] MR. WHITE: Wrap up his tenure. [5] MR. WRIGHT: -- wrap up his tenure at [6] the Monsanto plant and move on to your next m job. Although I do have to step outside of [B] literature regarding PCBs's effects on humans or [9i other animals, have you, sir? Because if you have, [10) I will argue with you all day about the various [11) studies and so forth; but I don't think, based upon [121 other testimony that I've seen, I don't think I need [13] to do that. [14] A; Well, I have not kept up-to-date on the [B] that a minute to follow up on what you just [9] said. . [10] Q: (By Mr. Wright) You heard about the hogs [11] there in Anniston after you moved to St. Louis? [12] A: As best I can recall, yes. [13] Q: Do you remember that that was stimulated [u] by the finding of a dead hog on the landfill? [is] developments that occurred after about 1979 or '80. [16) Q: All right. Just out of curiosity, have [17] you seen the most recent ATSDR toxicological profile [iB) for PCBs in which it delineates most, if not all, of [is) the current knowledge on that subject? [20] A; I am not even familiar with the acronym [21) you used. [221 Q: ATSDR? [23i A: No. (24) Q: Well, then, I can move on. [25] My original question, sir, I think has [15] A: I don't remember that at all. [16] Q: Okay. How did you hear about the hog [17] situation in Anniston? [is] A: I just don't know the -- it was a [19] telephone call, is all I remember. [20] Q: Do you remember who the call was from? pi] A: No, I don't. [22] Q: Do you remember anything about the [23] telephone call? [24] A: Not really. It's just that I became [25] aware of it and that's it. Page 74 Page 73 Pags 75 [1] been answered. My followmp question is, based upon [i] Q: All right. What is the next thing you [2) something that you said, were you aware, when you p] heard about the hogs in Anniston after you got this PI were the plant manager, that there were hogs being Pi first telephone call? [4] kept by local residents that were around the [4] A: Well, I don't know whether to include [5] Anniston plant or the landfill? P) that with the original understanding, but as pan of [6] A: Well, I was informed of that after I left j [6] that program, it was to -- [7] the plant. [7] Q: I'm sorry, what was the original [S] Q: All right. You didn't -- you don't [B] understanding that you are talking about? I thought Pi recallseeing them when you were there? PI the original understanding was when you got the ;ioi A: I just don't remember them, j[io] telephone call? in] Q: Do you remember anything about that [11] A: The telephone call told me several [12] neighborhood when you were there? [12] things. One is we found these hogs roaming on [13] MR. WHITE: You mean like where it was, [13] Monsanto property.They were analyzed and PCBs were [u] what it looked like? [14] found in their tissues. We arranged to buy up all [is] MR. WRIGHT: Anything about it, just [is] these hogs and dispose of them. We also arranged [16] anything. [16] with the neighbors to keep them off of that Monsanto [17] Q: (By Mr. Wright) Tell me where it was, [17] properry.Those are the points that were covered. [iB] what it looked like? [is] Q: All right.Just out of curiosity, how [19] A: Nothing stands out, no, sir. [is] were the hogs going to be kept off the property [20] MR. WHITE: Larry, talking about hogs [20] other than by being bought up? I mean, what is [21] has made me hungry.Are we at a good [21] going to keep new hogs from going on the property? [22] stopping point? [22] A: I was left with the impression that a 23] MR. WRIGHT: Why don't you give me ten [24] more minutes. [23] fence was put up. [24] Q: I think this may help you a little bit, !25] MR. WHITE: That's fine. [25] sir. We will mark this as Exhibit 8. BROWN REPORTING, INC. (4o4) 876-8979 Min-U-Script (21) Page 72 - Page 71 WATER PCB-SD0000017513 WILLIAM B. PAPAGEORGE, P.E. March 13, 2001 WALTER OWENS, et aL v. MONSANTO COMPANY Page 76 Page 78 [i; Plaintiffs' Exhibit 8 was marked for [1] I might miss several days, go to other p] identification.) [2] places in the plant; but to summarize, it was part CT Q: (By Mr.Wright) This is a memo dated Pl of my -- of what I feel was my responsibility. w Decemberthe 12th -- well,December21st, 1970,from [4] Q: Do you think you were up there on a [5! Scott Tucker to you? [5] weekly basis, on average? rs] A: Yes. [6] A: That's a good estimate, yeah, a week to (7i Q: At the General Offices.This is after m ten days. [6i you have already taken your new job? [B] Q: So every week or every two weeks, pi A: Right. [9] somewhere along in there, you would go up to "the id Q: It sets out the findings of the hog [10] dump" -- or to the landfill? 11] analysis.And then it says: "E. G. Wright should [11] A: Yes. 12] be contacted for details regarding the source of [12] Q: Did you ever see the drums lying on the 13] these samples, et cetera"? [13] side of the bank of the pit? 14] A: Right. [14] A: At what point in time? is] Q: Does that help any recollection on that [is] Q: At any point in time? is] issue? [16] A: On one of my early trips, there were some i7] A: Yeah. Mr. Wright took over from [17] drums lying on the side. ;i6] Mr. Coley. [is] Q: All right. Is it your testimony that you 19] Q: Okay. [19] corrected that and, from that point on, those drums 20] A: Okay. [20] were no longer lying on the banks of the pit? 21] Q: So does that -- well, do you think it [21] A: Well, I would suggest that the more 22] might have been Mr. Wright that called you on the [22j appropriate word might be changed that. I don't 23] phone? Does that help you any? You may not have [23] know if it was any better or any worse. 24] any recollection. I'm just wondering if that [24] Q: How did you change it? 25] ulates -- PS] A: I suggested that the drums be placed on Page 77 Page 79 ;i) A: He's the most likely person. [i] wooden pallets and delivered to the site on forklift (2j Q:"Okay.After this phone call that we've Pl trucks and placed shoulder to shoulder, so to speak, Pl talked about, what is the next thing that you W remember hearing about the hog situation? is] A: That's it. I didn't hear anymore. i6] Q: That was the first and last relating to [3] and once they got a line across, to cover it with M the proper depth of soil. [51 Q: Would that have been in your first year [6] there at the plant, say? [7] that situation? [2] A: Oh, the subject would come up, but no new [7] A: Yeah, within the -- yeah, within the [8] first year. pi information. - o] Q: Ail right. Pl Q: So by '66, that was the procedure that [10] was supposed to be taking place up there? ;v; MR. WRIGHT: Now we can take a break. :i2i (A recess was taken.) [I'l A: Correct. [12] Q: And I assume that if hadn't been going on M3] Q: (By Mr. Wright) Let's go back. I want | [13] on your regular trips up there, you would have seen [i4] to turn briefly back to your days as Anniston plant [14] it and corrected it at that time? (is] manager. [15] A: Certainly, yes. :is] Did you ever go up to the landfill there [16] Q: Okay. What about drainage off of that ;i7] on the mountain? [is] A: Yes. [17] landfill, was there any effort to restrict drainage [16] off of the landfill, and by "drainage," I'm talking [is] Q: What caused you to go up there? [19] about storm water when it would rain and water would PS] A: Well, it was part of my attempt to be in pi] touch with the plant, and every day, I would make at [22] least one trip -- and by "day," I'm talking a [20] wash over the area? [21] A: Well, when you say in an effort to [22] restrict, I felt personally that this covering with [23 our period, and the landfill would be one of the [23] a mound of dirt over each row of drums would serve [24] a.cas I would walk around on and look things over, [24] the purpose of directing that water flow over the [25] and I wouldn't cover that every day. 125] chemicals and on down. Page 76 - Page 79 (22) Min-U-Script BROWN REPORTING, INC. (404) 876-8979 WATER PCB-SD0000017514 WALTER OWENS, et aL v. MONSANTO COMPANY WILLIAM B. PAPAGEORGE, P.E. March 13, 2001 Page 80 Page 82 [1] Q: Is it your testimony that none of those |i] going to ask you about the entire document. I'm [2] drums ever leaked, none of them ever got holes shot [2] going to ask you about parts of it. 13] in them? Pi If you feel like you need to read the [4] A: I never saw a drum leaking up there. [4] whole thing, I want you to do that; but if you don't Pi Q: Okay. So if what you said to be done was [5] need to read the whole thing, don't think I'm asking [6] being done, there would have been no PCBs leaking [6] you to read the whole thing. [7] from that landfill? [7] A: I appreciate that, but sometimes one [8] A: That's true. [6] paragraph leads to the next and helps my Pi Q: Now, I know you're aware of this, but let [9] understanding and recollection. Okay. [10] me show it to you anyway. I will mark this as the [10] Q: Okay? [11] next exhibit. [11] A: I have scanned the document. [12] (Plaintiffs' Exhibit Number 9 was marked [12] Q: All right. Let me ask you a few specific [13] for identification.) [13] questions about it. The first sentence of the [14] Q: (By Mr. Wright) This is Exhibit [14] section entitled Problem states: "A serious problem [is] Number 9, and it's a document dated March 31st, [is] exists at the present time with the Monsanto dump. [is] 1970, to J. L. Corder. It's from M. B. Mullally, [16] The two main areas of concern are: (1), water [i7] who was the task force chairman, and the task force [17] leakage from the PCB dump and, (2), lack of security lie] was the task force on the plant dump, and the [is] throughout the dump area.These two areas create [19] document is entitled Recommendations On -- let's [19] hazards in the areas of water pollution and in [20] see, Recommendations OfTask Force On Plant Dump. [20] liability problems." [21] Why don't you take a moment to look at pi] First of all, did I read that correctly, [22] that? "' [22] first paragraph? [23] A: (Witness complies with request of [23] A: Yes. [24] counsel.) [24] Q: Were you aware of that when you left the 25] Q: Let me ask you one question before you [25] plant three months earlier? Page 81 Page 83 [i] finish that. Did you set up the task force on the [1] A: Yes. - [2] plant dump? The reason I ask that, this report is [2] Q: Okay. Now, the immediate actions that P] in March of 1970, and you would have just left the [3] this dump task force committee recommended was Item [4] plant a couple of months before that, so I was just j [4] Number 1, to eliminate -- it says PCP, but that may [5] wondering if maybe you set up the task force on the [5] be a problem with the copy. I assume it means PCB [6] plant dump? . [6] drainage from present dump site. "To accomplish [7] A: I recall setting up a group to study the [7] this, it is recommended that extensive changes be [8] landfill. I don't know that I personally set up the [3] made to the present dump area.The old drums lying [9j task force. I would suggest that Mike Mullally, the [9] on the banks of the dump should be moved to the [10] chairman -- well, there was, of course, somebody at [10] bottom of the hole." [11] the plant who had to set it up, and I would -- the [11] Now, do you remember seeing the old drums [12] best I can come up with, it had to be the individual i[i2l lying on the bank when you left there in December, a [is] who replaced Mr. Fuhrmeister as the technical [13] few months before this memo? [i4] services superintendent, who is -- well, the name [14] A: No. I saw those dumps, at least they are [is] escapes me at the moment. [is] described here earlier -- remember I described [16] Now, some of these people on this task [i6i earlier what I saw. [17] force are members of Manufacturing and Technical [17] Q: In '65? [18] Services and Environment, so it's a mixed group. [is] A: And what I requested be done. [19] Q: All of these were your subordinates when [19] Q: Right, and this task force, the dump task [20] you were the plant manager? [20] force committee, is saying that that same problem [21] A: Yes, sir. i22] MR. WHITE: He just wants you to take a 1 pi) exists in March of 1970. Is that correct, first of j [22] all? .3] minute to read this document. I [23] A: The same type of problem, [24] THE WITNESS: Okay. j[24] Q: The same type of problem? [25] Q: (By Mr.Wright)To be honest, I'm not I[25] A: But I don't know if it's the same drums BROWN REPORTING, INC. (404) 876-8979 Min-U-Script (23) Page 80 - Page 83 WATER PCB-SD0000017515 WILLIAM B. PAPAGEORGE, P.E. March 13, 2001 WALTER OWENS, et aL v. MONSANTO COMPANY Page 84 Page 86 [i] I saw or another row of drums in a different [1] Q: Okay. And the specific answer to my [21 . ation. [2] question is you don't remember it stopping working [3] Q: Okay. And then it recommends dirt being [3] before you left there in December of '69? [41 placed over the top of the drums in the bottom of [4] A: No. It was still in operation when I [5] the hole and compacted, correct? [5] left. !6) A: I don't see the word "compacted." [6] Q: All right. Who was responsible for [?i Q: It's on the next page, but -- [7] operating that thing? [8] A: Oh, all right. It does say that. [a; A: It's the individual that -- it was the Pi Q: All right? [9] individual who supervised the warehousing operation, ;ioj A: Yes. [10] which included trash pickup and movement of raw ii] Q: And that's the same thing you told them [11] materials. ;i2] to do back in '65, according to your earlier [12] Q: How often would they burn in the teepee ;i3] testimony, correct? [13] incinerator? ;i4] A: Partially. I did not specify the two [14] A: I don't remember. ;i5] feet. [is] Q: Was it -- do you have a recollection of ;is] Q: All right. [is] whether it was daily or weekly or biweekly? it] A: I wanted a deeper cover. [i7] A: That varied depending on the is) Q: You wanted more than two feet? [ia] accumulation. ;i9j A: Yes. [is] Q: Would the average have been closer to 20] Q: Do you know why they weren't even putting [20] daily or closer to weekly or closer to biweekly? 21] any dirt over them, not to mention two feet or more [21] MR. WHITE: If you know, tell him, but ; 22) than two feet, in March of -- I mean, in 1970? [22] don't guess, 23) A: No, I don't. [23] THE WITNESS: I don't know. I can't 24j Q: All right. Now, there is also a mention [24] measure it. 25] ^pairing the incinerator. Do you remember the [25] Q: (By Mr. Wright) All right. It also Page 85 Page 87 ;i] incinerator out there, the teepee incinerator out [1] talks about long-range goals include covering the [2] there at the dump? [2] material on a regular basis to a minimum of PI A: Yes, I do. [3] 18 inches, and digging a trench along the contour of Hi Q: And do you remember when it last worked? [4] the mountain of sufficient size to handle the [5] A: I do not. [5] plant's solid waste for a period of one year [s] Q: Did it work at all during your years [6] minimum -- actually, that's not what I wanted to ask [7] there at Anniston? [7] you about. la] A: Yes. [8] Item Number E, if you would look at 2] Q: So, it was working -- well, was it [9] that, "Runoff water from the trenches should be 10] working when you got there? |[io] sampled a minimum of once per week (more often in 11] A: Yes. . [ii] rainy weather), to make certain that no material is 12] Q: And it worked for some period after you iii2] being lost from the fill." 13] got there? ;i3] Do you recall that being a good idea? ri4] A: Y'es. [i4] A: Yes.That was part of our continuing ;i5] Q: And then, presumably, it quit working at [is] program of monitoring, checking, learning about not ig] some time or do you ever remember it stopping [i6] only PCBs, but all the chemicals out there, 17] working? i[i7] Q: All right.And I don't have the ia] A: I don't remember the termination of its |[is] document, but I can refer to it. It was actually 19] operation, but this was used to burn office paper, [is] Exhibit Number 16 in your Mars Hill deposition. 20] wood from pallets, anything that was of that nature, [20] It was a memo that discussed several 21] wood, paper, boxes. 22] Q: Rags? [21] samples being collected from the ditch upstream from [22] the sump, and the results being 64,800 parts per 23] : Rags, yes. [23] billion of 1242 on October 15th, 1970, 35,000 parts 24] a: Sawdust? l[24] per billion of 1242 on October 21st, and 2800 parts 25] A: Sawdust, if appropriate, yes. i [25] per billion of 1242 on October 22nd. Page 84 - Page 87 (24) Miii-U-Script BROWN REPORTING, INC. (404) 876-8979 WATER PCB-SD0000017516 WALTER OWENS, et aL v. MONSANTO COMPANY WILLIAM B. PAPAGEORGE, P.E. March 13, 2001 Page 88 Page 90 [i] Do you recall being advised about that [1] A: Correct. 12) kind of loss from the landfill area? [2] Q: That was the target level that Monsanto pi A: I'm confused about the use of the word Pl had decided was appropriate for the effluent from [4j sump. [4] its plant processes, correct? 15] Q: All right.Were you aware there was a [5] A: Correct. [6j sump placed at the landfill sometime after this memo [6] Q: Would not a similar concern have been in [7] was created in -- sometime in 1970? [7] place for the effluent from the landfill? [3j A: I just don't remember in specifics. I [8] A: The ten parts per billion were suggested 19] just can't picture it. p] by Monsanto to the governmental authorities based on lio] Q: Okay. Let me ask you this:Would a sump [10] Monsanto's experience with analytical methodology [11] have been a good idea to catch PCBs being washed off [11] and the ability to reproduce the data and feel [12] of the landfill? [12] comfortable with a number, and Monsanto felt that li3] A: Well, it would certainly catch any waters [13] although no effects were noted yet at ten parts per [i4] coming down, but it's only effective if those waters [14] billion, since we can reach it, let's do so. [is] are treated properly once you capture them; and I [is] Now, this other number in the thousands [16] don't see any evidence that the proper techniques [16] of parts per billion in the sump -- [17] were recommended to take this water and do something [17] Q: Well, it's actually in the ditch upstream [is] to try to change it, if it needed a change. [18] from the sump? [is] Q: Okay. One evidence of whether it needed [i9j A: Well, it's still not the kind of stream pa] a change would be taking samples of it and trying to [2D] that's out in the public waters. !2i] determine whether there is thousands of parts per pi] Q: Well, you understood, didn't you, sir, P2] million of PCBs in it? [22] that that mountain where the landfill or dump, [23] MR. WHITE: You mean billions? That's [23] whatever you want to call it, was, was upstream from [24] what that -- [24] the public waters and the only thing between it and '5] Q: (By Mr. Wright) Yeah, thousands of parts [25] the public waters was a residential neighborhood? Page 89 Page SI [1] per billion? [1] MR. WHITE: Object to the form. [2] A: Oh, I don't know that the -- well, it [2] Q: (By Mr. Wright) Did you understand that [S] would have to be a concentration that was known to P] at that time? [4i cause problems. A thousand parts per billion, I [4] A: Yeah, but what data do we have that the [5] have nothing that tells me that could be a problem, Pi residential neighborhood was experiencing that is] Q: So, Monsanto, in 1970, didn't care about [6] level? [7] the 35,000 pans per billion of PCBs washing off of !7] Q: Well, one way to find data would be to [8] its landfill? [8] have tested downhill from the dump in the [9] MR. WHITE: I object.That's not what he PI residential area to find out if Monsanto's PCBs had [ic] said. [io] gone that far, correct? That would have been one ;ii) Q: (By Mr. Wright) I'm just asking you. Is [i i] way to find out? [i2i that vour testimony? [12] A: Yes. But that still doesn't tell you [is] A: Well, we do care in that it's -- it [13] what effects to expect. [i4] caused some more studies in terms of what does this [u] Q: Okay. In order to determine what effects [is] tell us, what harm does it do, where is it going, [is] to expect, you have to look at scientific literature ;i6] what creatures are exposed, and how long is it going [is] that was being developed by others, correct? [it] to be there, and what does that do, so there is a [i7] A: That's one source, yes. [is] lot -- there are many questions to be answered once [iB] Q: Okay.And in 1970, the scientific [19] you get a number like that. [19] literature was not as developed as it would get [20] Q: All right. Let's talk about that.At [20] later on, correct? [21] this same time period, you were trying to get the pi] A: That is normal, yes. [22] effluent from the plant, and that's the effluent [22] Q: And in 1970, there were a lot of 3] coming out of that limestone pit down there by [231 unanswered questions about health effects of PCBs? [24] Clydesdale or Highway 202 as it was known at that [24] A: That is correct. [25] time, down to ten parts per billion, correct? [25] Q: And nobody, not Monsanto, not the BROWN REPORTING, INC. (404) 876-8979 Man-U-Script (25) Page 88 - Page 91 WATER PCB-SD0000017517 WILLIAM B. PAPAGEORGE, P.E. March 13, 2001 WALTER OWENS, et aL v. MONSANTO COMPANY Page 92 Page 94 [r rernment, not scientific researchers, nobody knew, [1] A: Never, not to me. \z, -tat time, what all the health effects of PCBs [2] Q: Okay.You don't remember the p] were? [3] San Francisco Chronicle article that Monsanto was so K] A: Just as today, they don't know, yes, you [4j concerned about? [5] are correct. [5] MR. WHITE: Object to form. Go ahead. ts] Q: And there were allegations of health ! [6] THE WITNESS: Yes, I do. Pi effects or potential health effects from PCBs in [7] Q: (By Mr. Wright) Yes? TB] 1970? [Bj A: Yes, I do. pi MR. WHITE: Health effects in humans? ]9] Q: Your testimony is you don't think there id) MR. WRIGHT: In humans or animals. [10] is anywhere in that article where there is any ii] Q: (By Mr.Wright)There were [11] allegation of health effects to animals or human iz] allegations -- [12] beings? i3] A: Yeah, you are correct in using the word [13] A: Yes. I remember they were quoting u] allegations, yes. i[14] Dr. Riceboro, and Dr. Riceboro later retracted all is] Q: Yes.And some of them were made by [is] that and said it was DDT that was causing the i6] scientists around the world, correct? [is] HL thinning. it) A: Well, the only allegations I remember is, [i7] Q: My question to you, very simply -- is] again, presence, not visual harmful effects. [i8i MR. WRIGHT: And I'm going to object to 19] Q: Well, you don't remember Dr. Riceboro out [19] that answer as nonresponsive. 20] in California -- [20] Q: (By Mr. Wright) My question to you, very 21] A: Yes, I met with Dr. Riceboro and we [21] simply, is in the San Francisco Chronicle article, 22] discussed this in-depth. [22] were there allegations that PCBs were harmful to 23] Q: And -- [23] either humans or animals? ; 24] A: And he withdrew his original comments. [24] MR. WHITE: Don't guess as to what 25] Okay. But before you talked to him and [25] might be in the article; but if you remember, . Page 93 Page 95 :i] he withdrew his comments, he made allegations of [i] answer his question. It] health effects in animals and potential health PI THE WITNESS: I remember a reference in 13] effects in humans as a result of PCB accumulation, P] the San Francisco Chronicle about effects on W correct? [4] living species; and at this point in time, I is] MR. WHITE: Are you sure you're not | [s] don't know specifically whether humans were is] misquoting or attributing -- did Riceboro do [6] mentioned or mammals or birds. [7i anything on humans or was it animals? m Q: (By Mr. Wright) All right. Do you ever !S] Q: (By Mr. Wright) Well, let me ask the [8] remember PCBs being referred to as poisons in the a; witness. [9] popular press? 10] Dr. Riceboro found PCBs in animals, [io] A: No, I don't. 11] correct? That was his seminal work? ! [i i] Q: Do you ever remember -- and maybe you a] A: I understood he found it in pelicans. [12] don't remember this, but do you ever remember any i3] Q: You think that's the only animal he ever [13] allegations by Dr. Riceboro or Dr. Jensen or u] found PCBs in? [14] anybody -- well, let's limit it to any scientist, it] A: That's the only one he and I ever talked [is] and by any scientist ever, that PCBs were s] about in his office. [16] potentially harmful to either human or animal 7] Q: All right. Setting aside what you talked [17] health? is] about, is it your testimony that you think [is] MR. WHITE: At any time? i9i Dr. Riceboro only found PCBs in pelicans and not in [19] MR. WRIGHT: At any time. >0] other kinds of animal life? [20] MR. WHITE: Any scientist? i] A: That is correct. pi) MR. WRIGHT: That's right. 22] Q: Okay. Did Dr. Riceboro ever, either [22] Q: (By Mr. Wright) Do you ever remember any >3] ` 're you talked to him or after you talked to him, [23] scientist ever making those allegations? u] ne ever express concern that PCBs might be [24] A: I never have. a] harmful to either animal or human life? [26] Q: All right. And you're as sure about that >age 92 - Page 95 (26) Min-U-Script BROWN REPORTING, INC. (404) 876-8979 WATER PCB-SD0000017518 WALTER OWENS, et aL v. MONSANTO COMPANY WILLIAM B. PAPAGEORGE, P.E. March 13, 2001 Page 96 Page 98 [i) as you are about any of the testimony you have given [i] where it gets out there off the property, [21 today? i P) Q: Okay. Now, one thing you did know, as of pi MR. WHITE: Well, I object. P] 1970, is that Monsanto PCBs that washed out [4] MR. WRIGHT: You can answer. [4] presumably from the plant effluent ended up many pi MR. WHITE: Comparing testimony is [5] miles downstream from Monsanto's plant in (6] improper. [6] Choccolocco Creek and Snow Creek? [7i Q: (By Mr.Wright) You can answer.Are you [B] as sure about that statement as you arc about any I [7] A: 1 don't have good information that leads j [8] me to conclude that. Pi other testimony? [9]Q: Let me make sure I understand what you're [id] A: To the best of my memory, that is as [10] saying. Do you not remember PCBs being found at [i i] truthful as I can make it. [11] high levels downstream from the Monsanto plant? [12] Q: All right. Now, going back to my [12] MR. WHITE: What do you mean by "high [13] original question, if you were still the plant [13] levels"? [HI manager, would you have been concerned at all about [14] MR. WRIGHT: Hundreds of parts per [is] 35,000 parts per billion being found in the runoff [is] million? [is] from the landfill? [16] THE WITNESS: I remember the feet that [17] A: When you say still, you mean today? [17] PCBs were in these dry trenches or ditches [iai Q: No, no. I mean in 1970? [is] leaving the plant, yes. I do remember that, [i9] A: At that time? [is] but I personally cannot tie that in to pc] Q: Yes, in March of 1970, would you have | [2o] surface water runoff leading into that [21] been concerned one little bit with 35,000 parts per [2i] specific ditch.There just isn't enough [22] billion PCBs in the runoff from the landfill? 122] information, really, sir. It's one big guess. [23] A: I would have to have more information [23] Q: (By Mr. Wright) Well, the only way to [24] than that. [24] gather the information is to take samples and '5] Q: Would you have been concerned enough to [25] analyze them; is that fair? [i] try to figure out where the PCBs were going after [21 they came off of the landfill? p] A: As best I can remember, I had a good idea M where they might be going. [5] Q: Where did you think they were going? [gj A: Right on the Monsanto property. [7] Q: Do you think they came off of Monsanto's [B] landfill or dump, and were washed where? [9] A: On the property. It had nowhere to go. ;i-; Q: Well.it could have continued going [ii] downhill, couldn't it? [is] A: Well, the soil is a good eritrapper of ii3] that material and, with the heavy PCBs, they're not [14] going to travel very far -- [is] Q: Okay. [16] A: -- in the soil. [17] Q: Well, what about when they dry out and [ib] the wind blows them? Is that not possible? [19] A: Oh, highly improbable. [20] Q: What about when it rains really, really [21] hard and a lot of water comes down, does it not [22] continue to wash them downhill? 3] A: I have no hard data to tell me how much [24] of that soil -- how much of the top surface of that [25] soil will move along with PCBs on it to the point Page 97 Page 99 [i] A: Not quite. It depends on when you take PI them and how much you take, and when I say "when," [3] I'm only talking -- I'm talking also about the i [4] frequency. Is it right after a storm? Is it after j [s] a dry spell? Did you take it every half hour, every [s] 24 hours? It's not simple, sir. [7] Q: So you would have to have a well-designed [a] testing and sampling program in order to effectively P) determine where the PCBs were going? I no] A: Yeah, that's one piece of information [11] that you'll get, yes. [12] Q: Okay. Now, did Monsanto ever institute [13] an effective testing and sampling program to [14] determine the full extent of where its PCBs went [is] after they left Monsanto's landfill? [is] MR. WHITE: Object to form. [i7] Q: (By Mr. Wright) To the best of your [is] knowledge? ;[i9] A: Well, in my opinion, the program [20] instituted was an effective one. What we don't want [21] to confuse it with is how much time it took. You [22] can't do it overnight. [23] It just took a lot of time to get the ![24] laboratory set up, to get the people trained, to get i[25] the proper way of sampling, to run the samples BROWN REPORTING, INC. (404) 876-8979 Min-U-Script (27) Page 96 - Page 99 WATER PCB-SD0000017519 STLLLAM B. PAPAGEORGE, P.E. larch 13, 2001 WALTER OWENS, ct aL v. MONSANTO COMPANY Page 100 Page 102 ;i) r' igh the machinery and to interpret the results m see where the PCBs went after they left Monsanto's 7] . .nen go on and get another set of samples to [2] landfill? 3] confirm the first set; and it just took more time 13] MR. WHITE; Object to the form. 4j than anyone would have expected. [4] Q; (By Mr. Wright) Am I right or wrong si Q: Should it have taken 25 years to [5] about that? si determine whether Monsanto's PCBs coming off its [6] MR. WHITE; Isn't the best way is to 7] landfill were ending up in a residential [7] look at the document that y'all are both b] neighborhood? [8] thinking about to see if it's the same one? a] MR. WHITE; Object to form. PI MR. WRIGHT; I don't have it in front 0] Q: (By Mr.Wright) You can answer. [10] of me. 1] A: What 25 years' period are you talking [11] MR. WHITE: If you can remember. Bill, zi about? [12] without looking at the document, tell him, si Q: 1970 to 1995. [is] but if you don't -- 4] A: Oh, I can't evaluate that because I don't j[14] THE WITNESS: I don't know what it is I si know what happened after 197-whatever. [is] should be remembering. ] Q: Okay. Let me ask you this; During your [16] Q; (By Mr. Wright) We're not talking about 7] years at Monsanto, did you ever instruct anyone to [17] the plant or the effluent from the plant. We are a] test for where the PCBs that came off of the lie] talking about the landfill and the PCBs washing off g] landfill were going after they left the landfill or [19] of the landfill. 0] had gone for past PCBs coming off of the landfill, [20] What I'm asking you specifically is was 1] where they had gone after they had come off the [21] any effort made during your tenure as plant manager 2] landfill? [22] to determine where the PCBs that had washed off the 3] A: I recall having discussions with the [23] landfill in the past went, or where the PCBs that 4] individual who was then head of the Technical [24] were washing off of the landfill in the present were si S ces Department. [25] going? Page 101 Page 103 ; Q: Who was that, sir? [ij A: During my tenure, we were still in the 2] A; Landwehr, L-a-n-d-w-e-h-r. [2] learning phases, so the activity really was limited 3] Q: When were those discussions? [3] to what was in the plant proper, the production 4i A: I'm sorry? [4] unit, the drumming stations, the tank car loading, si Q; Before you left as plant manager or after [5] right within the fence, so to speak; and the intent 3] you left as plant manager? [6] was always one of the more information you get, the 7] A: Just before I left. [7] more capable you are of extending the study to find 3] Q: And what were the discussions that [B] out where it starts and where it ends, and so while 3) related to the subject I just asked you about? [9] I was at the plant, we had enriched the extremes. i) A; To set up a program working with the [io] Q: All right. ;; environmental team,which included Mr.Wright, to j[ii] A: We were still learning. ;] become more knowledgeable about PCBs in the plant '[i2] Q: So the answer to my specific question >1 and where they were ending up and what kind they [13] would be no, while you were at the plant, there was i) were, and where they were coming from, first of all, [u] no effort to determine where the PCBs that had come s] what kind of PCBs and where are they going. All of [is] off the landfill went prior to that time, or where i] that. [is] they were going at that time? 1 Q: I have seen the document I think you're [17] A: Well, when you say no effort, talking i) referring to that documents that.That was the [18] about physically taking a sample? i] audit in the, I guess, '68-69 timeframe? [19] Q: Yes, yes. ij A; That was the beginning. [20] A: Because to me, learning how to run that 1 Q: Right. [21] analyzer and studying what is in the plant is part 1 A: We were taking our first steps, if you [22] of an effort. , 1 T 'earning how to go through all this. [23] Q: All right. 1 Right. Correct me if I'm wrong, but that |[24] A: It's really a never-ending effort. 1 audit or those documents do not reference testing to Ipq Q: It should be a never-ending effort. age 100 - Page 103 (28) Min-U-Script BROWN REPORTING, INC. (404) 876-8979 WATER PCB-SD0000017520 WALTER OWENS, et al v. MONSANTO COMPANY WILLIAM B. PAPAGEORGE, P.E. March 13, 2001 Page 104 Pago 106 [i] correct? Correct? [1] knowledge, ever, at Monsanto, before 1995 or '94, Pi A: Well, until you get an answer that's [2] did anybody ever test for PCBs downhill from the Pi useful and you can take action. [3] sump to find out where they went? K) Q: That's right.And what you have W A: I don't know the answer for all those [5] testified is that you started the process before you [5] years, no. [6] left the plant, correct? [6] Q: Okay.To the best of your knowledge, as Pi A: Yes, yes. m we sit here today, you're not aware of any such is] Q: But that by the time you left the plant, [Bj study? Pi that process had not extended to the landfill, and [9]A: There again, I need help defining when Iio>, the waste that had washed off of the landfill in the [id] does that study start and stop? [11] past? [11] Q: Well, I need help defining that, too, to [12] A: Not yet. [12] be honest. [13] Q: All right.You expected, I assume, that [13] MR. WHITE: And I don't think he would [14] somebody who followed you would continue the effort [14] have had any involvement. Maybe you did, [is] and would determine where that waste that washed off [is] but -- [16] of the landfill went? [16] Q: (By Mr. Wright) I'm just asking about [17] A: Well, I assumed that would happen. [17] your involvement. I mean, there may have been 50 [is] Q: Okay. Did you ever follow up, during [is] guys that came after you that you don't know about, [is] your years as PCB coordinator or whatever it was [19] but all I'm asking you for is your knowledge. [20] your title was, and we will get to that in a minute, [20] To the best of your knowledge, did that pi] but during the later years, did you ever follow up pi] study for where the PCBs went downhill from where [22] to determine whether or not anyone had made an [22] the sump was located, did that study ever take ps] organized study of where the waste that had come off [23] place, to the best of your knowledge, [24] of that landfill in the past went? [24] Mr. Papageorge? '5) A: I think I did follow up, but not in the [25] A: To the best of my knowledge, a study was Page 105 Paga 107 [1] words you used. Ml underway. However along it got, I wasn't there long [2] Q: Okay. [2] enough to hear the end. pi A: I would be in touch with individuals, p] Q: All right. Let me ask you this: Would [4; both at Anniston and in St. Louis, and, invariably, [4] you expect -- would you expect it to take 25 years [5] my questions would be, How's the Anniston study p] to get downhill from the sump at the landfill? [S] going? Of course, I don't remember the specific [6] A: Well, sir, this is a complex situation in [7] words, but I was assured that there -- continuing [7] terms of learning how to do a study like this, (sj efforts were underway, that they hadn't dropped the [B] interpreting the results and communicating the [9] ball. [9] results, so 25 years may have been what it really [10] Q: Do you have any specific recollection of |[io] took. ' [11] anybody ever telling you of any study to find out :[n] Q: All right. [12] where the wastes that had come off of the landfill ti2] A: I have no measure of that, sir. [13] went? j[13] Q: And so, as a consultant to Monsanto's [Mi A: Do I have the results of a specific j[14] attorneys, as a former -- well, what did you retire [.si study? j [is] as at Monsanto? What was your title when you [is] Q: Yes. [is] retired? [i7] A: The only studies I recall are those that [17] A: My title was manager of industrial [i3] said we found the waste right outside the tank or [18] hygiene or some such subject. [19] opposite the pit or the sump.That kind of report [19] Q: As a former manager of industrial [20] would come back to me. [20] hygiene, as the former PCB coordinator for Monsanto, pi; Q: Did they ever go downhill from the sump? [21] you don't have a problem in principle if it took [22] A: No. [22] 25 years to decide to sample for PCBs downhill from 3] MR. WHITE: During your period of time, [23] the landfill and from the sump at the landfill and [24] now. Is that what you're talking about? [24] in the residential neighborhood downhill from the [25] Q: (By Mr. Wright) To the best of your ps) landfill to determine where Monsanto's PCB waste BROWN REPORTING, INC. (404) 876-8979 Min-U-Script (29) Page 104 - Page 107 WATER PCB-SD0000017521 WILLIAM B. PAPAGEORGE, P.E. tfarch 13, 2001 WALTER OWENS, et aL V. MONSANTO COMPANY Page 108 Page 110 [i] - mt after it left the landfill? |i] A: No, I don't. H R. WHITE: Object to the form.You 12] Q: Were you aware, in August of 1970, about Pi mischaracterized his prior testimony. Pi the Alabama Water Improvement Commission informing FI MR. WRIGHT: You can answer it. I [4] the Anniston plant that the FDA had furnished them, [5] asked you a question. [5] and by "them,'' I mean AWIC, with fish flesh analysis [g] MR. WHITE: I can state my objection. [6] from samples taken in the Choccolocco-Coosa 7] THE WITNESS: As I understand it, I PI watershed indicating appreciable levels of Aroclor tb] have no problem with this kind of activity [b] and that mercury was also present in those fish? PI that you just described. [9] MR. WHITE: Can we see what you're 10] Q: (By Mr. Wright) Taking 25 years to [10] reading from? 11] fruition or to begin, actually? [11] MR. WRIGHT: Yes.That's referenced in 12] MR. WHITE: Same objection. [12] a memo dated August of 1970 entitled Aroclor 13] Q: (By Mr. Wright) You can answer. [13] Wastes, Confidential, Read and Destroy, and I 14] A: Well, sir, the PCB issue was so unique [u] believe you're a recipient on that at the is] that I don't know of anyone that can assign 25 years [is] General Offices, correct? 16] or more or less, so I have no way of measuring how [is] THE WITNESS: Yes, that is correct. ir] long it should have taken to get to the end result. [i7] MR. WHITE: Which paragraph were you is] Q: Let me ask you this: If you had stayed [is] reading from there, Larry? :9] as plant manager there in Anniston, and the program [19] MR. WRIGHT: I think Paragraph 1 : :o) you instituted went forward, would it have taken you PD] entitled Regulatory Action. >i] 25 years to finally sample for PCBs in the [21] Q: (By Mr. Wright) Do you remember the 2] residential neighborhood downhill from the Anniston [22] FDA -- actually, not the FDA. Do you remember AWIC a] dump? , [23] furnishing results that the FDA got in August of ?4j A: I don't know that I can answer that. [24] 1970? , :s] ''IR. WHITE: If we are at a good [25] A: I remember Mr. Crockett's interest in Page 109 Page 111 ;i] stopping point -- [1] PCBs, and I remember the plant personnel [2] MR, WRIGHT: Let me ask him about two [2] communicating with him. [3] other documents and then we can take a break. [3] Q: Do you remember the FDA being involved in 11] (Plaintiffs'Exhibits 10 and 11 were [4] an investigation and finding PCBs and mercury in 3 marked for identification.) [5] fish downstream from the Anniston plant? 16] Q: (By Mr. Wright) I'm going to ask you [6] A: Yes,Ido. r about Exhibit 11 first.This is a document dated [7] Q: Okay. [8] July of 1970 from the -- it's entitled Public [8] A: Yes, I do remember that. [9] Relations Report, and Howard Bergen is the first [9] Q: And that was before the discussion about d] recipient. I will tell you, in fairness, you are [10] shutting down the Anniston plant that is referenced *! not a recipient. However, you may have some [11] in Exhibit Number 1, correct? I will refresh your 2] knowledge about one aspect of this. j[12] recollection. 31 I'm asking you about the third paragraph [13] A: Yes.This is August of 1970. 4) and I will just read it and then I will ask you [14] Q: This is August of 1970, and December of 5] about it: `Assistance was provided the Anniston [is] 1970 is when you, according to Mr. Savage, anyway, is] plant in preparing replies to possible press queries [16] talked about Medical and Legal preferring that 17] regarding mercury pollution and the naming of [17] Anniston get shut down, correct? is] Monsanto in a recent class action based on the 1899 [is] A: Yeah. 9] Refuse Act. [19] Q: So, does that refresh your recollection :o] "Our position statement on possible [20] that an investigation by the FDA was one of the :i] mercury losses" -- well, then it goes on to talk [21] things that Medical and Legal was concerned about, 12] about the Krummrich plant. [22] and that led them to prefer Anniston being shut down 13] Do you remember the concern about press [23] rather than Krummrich being shut down? 14] .ies regarding mercury pollution and Monsanto [24] MR. WHITE: I'm going to object -- 5] being named in a Refuse Act class action? l[25] MR. WRIGHT: Are you going to instruct 'age 108 - Page 111 (30) Min-U-Script BROWN REPORTING, INC. (404) 876-8979 WATER PCB-SD0000017522 WALTER OWENS, et aL v. MONSANTO COMPANY WILLIAM B. PAPAGEORGE, P.E. March 13, 2001 Page 112 I : [i) him not to answer? j [i] that, connected to the next thing, say so. pi MR. WHITE: I'm going to ask him a Pi MR. WRIGHT: If you know it's a p] question. PI possibility, you can answer. 14] MR. WRIGHT: I prefer you don't, [4] MR. WHITE: Anything is a possibility. pi MR. WHITE: Can you read the question Pi MR. WRIGHT: If you don't know it's a p] back to him? [6] possibility, then you don't need to answer. Pi (The record was read.) [7] MR. WHITE: Don't guess, Bill. ib] MR. WRIGHT: I'm just asking about an ! [B] THE WITNESS: I don't know. Pi FDA investigation.That's all I'm asking Pi MR. WRIGHT: It's a shame we are not Iio] about.You can answer, sir. [10] videoing. Hi) MR. WHITE: You understand the [11] MR. WHITE: I wish we were. [i2] question? [12] MR. WRIGHT: Let me ask the question [is] THE WITNESS: I understand the ([i3] again. Jere, whatever objections you might iu] question. I'm having difficulty recalling [14] dream up -- [is] the role that FDA played in informing the [is] MR. WHITE: Don't guess is a perfect [is] Alabama Water Improvement Commission. [16] instruction to any witness. [i7] MR. WHITE: Read this (indicating) if [17] MR. WRIGHT: Give him any other [is] that helps you.That's what he is evidently [ib] instructions you think he needs before I ask [19] referring to. [19] this question because I'm going to ask the [20] Q: (By Mr. Wright) I mean, the FDA was [20] same question. !2i] obviously investigating something if they're pi] MR. WHITE: I will give him the same ;22) providing PCB and mercury results to AWIC, correct? [22] instruction. [23] A: Well, they're also looking at DDT. [23] MR. WRIGHT: I prefer, though, that you 124] Q: Yes. [24] give it to him now so he can -- s] A: And I, at this point in time, don't know [25] MR. WHITE: Let me hear the question, Page 114 Page 113 Page 115 [1] what triggered the DDT, mercury or PCBs and they [i] first. He said -- he already answered that [2] accidentally saw the remaining two. pi he doesn't know. P] Q: Right. Pi Q: (By Mr.Wright) Is it possible that the [4j A: Usually one in a material will trigger a [4] FDA investigation was kicked off by the Bass :s] study and the others are more or less found [5] lawsuit, by the sports fishermen in Alabama? [6] accidentally. p] MR. WHITE: Is that your question? Pi Q: Don't you think one thing that might have [7] MR. WRIGHT: Yes. , Pi triggered it was the Bass lawsuit by the sports pi MR. WHITE: If you know, answer it. is] fishermen in Alabama? [9] Don't guess. no] A: Well, your guess is as good as mine. no] THE WITNESS: I do not know. [i i] Q: Well, actually, mine isn't quite as good [11] MR. WRIGHT: Why don't we take a break. [12] as yours because you were there during the time. Is [12] (A recess was taken.) [13] that a possibility, that the Bass lawsuit stimulated [13] .Q: (By Mr. Wright) Going back to the..... :i4] the FDA to conduct an investigation and the FDA [14] precautions that Monsanto took with its workers in [is] began investigating and found PCBs and Mercury and [15] its production facilities for Aroclor production, [is] DDT in the fish downstream from the Anniston plant? [16] Monsanto had been aware for many years before you [i7] MR. WHITE: Well, now, I object -- ii7] got to Anniston that too much PCB inhalation or [is] MR. WRIGHT: Are you going to instruct [is] ingestion could be a systemic poison? [19] him not to answer? i20] MR. WHITE: Good Lord, Larry -- [19] MR. WHITE: Object to form. [20] Q: (By Mr. Wright) You can answer. [2i] MR. WRIGHT: Let him answer the 22] question. I beg of you. [21] A: Well, I have a problem with the words [22] "too much."There is an effect level determined by j] MR. WHITE: You're asking about [23] animal studies, and these animal studies were [24] possibilities, and that's guessing. Don't [24] conducted to help the user and manufacturer of these [25] guess. If you know, if this is connected to [25] chemicals to set workplace standards, how much can BROWN REPORTING, INC. (404) 876-8979 Min-U-Script C3D Page 112 - Page 115 WATER PCB-SD0000017523 WTT.T.IAM B. PAPAGEORGE, P.E. March 13, 2001 WALTER OWENS, et aL v. MONSANTO COMPANY Page [i' breathe and how much can you eat and so on; so pi nsanto did have the typical industrial chemical [3j evaluation, which helps prepare a warning statement [4j that's put on labels of industrial chemicals; for [5] example, such words as "do not breathe fumes," "do is) not get on skin," and "do not smoke," so on. i7] Q: "Do not ingest"? [B] A: "Do not" -- yeah, "do not breathe as an [91 inhalant" and so on. 10] Q: Right. 11] A: So we did have that kind of information, is] and to minimize any harm from what is known as i3] normal handling of industrial chemicals, you provide u] the necessary protective equipment, is] Q: Okay. is] A: That we discussed earlier. i7] Q: All right. But Monsanto knew that if, ib] for whatever reason, the precautions were not i9] followed, and too much PCBs were inhaled or ingested so] or acquired through the skin, that a systemic si] poisoning could occur in the human being? ss] MR. WHITE: Object to form. 23] THE WITNESS: I have heard the words 24] "systemic poisoning." 25i 1: (By Mr. Wright) I mean, it comes Page 118 i [i] on. [2] Q: And all of that was because Monsanto knew PI from the Thirties on that PCBs could cause systemic [4] effects up to and including death? [5] MR. WHITE: Object to the form of the [6] question. [7] Q: (By Mr. Wright) In the event that too [B] much was inhaled or ingested or absorbed through the [9] skin? [10] A: It depends on the level of exposure and [11] the time of exposure. [12] Q: Yes. [13] A: And the type of PCB. [14] Q: That too much of a certain type of PCBs [is] over too long a period of time could lead to [16] systemic poisoning and potentially even death? [17] MR. WHITE: Same objection. [is] THE WITNESS: Yes. [19] Q: (By Mr. Wright) All right. And did [20] Monsanto -- let me ask you this: I'm sorry. [21] And Monsanto knew, after 1970, that PCBs [22] could accumulate in the bodies of human beings, [23] correct? [24] MR. WHITE: Have we seen that? [25] MR. WRIGHT: If you haven't, you're not Page 117 Page IIS 11] directly from a Monsanto document? [1] ready to try this case. 12] A: -I understand that, but those words are [2] MR. WHITE: Okay. I'll be the first to ;3] used by different people in different ways.You can [3] admit that last part. ;4] go from just the irritant to the skin to going into [4] THE WITNESS: In 1970,1 personally was [5] a coma and still call it systemic poisoning, [5] not aware of this mounting accumulation in fs] Q: Okay. And Monsanto knew that any one of [6] human beings. p; those -- that either end of the spectrum could occur [7] Q: (By Mr.Wright) Well, let's talk about iBi if too much PCBs were taken into the body? In other [8] that. You were made aware of the Jensen comments ;9) words, you could just have a rash or you could go Pi that had been communicated to Monsanto by the Rizen ;ioj into a coma and die if too much PCBs ended up being [10] and Strand people in November of 1966, correct? ;-i; taken into the body? [11] A: Yes. . :is) A: I don't know if a coma is a good example, [12] Q: And one of the things that Dr.Jensen :i3j but you can, as I understand it, although I have 113] found or concluded, based upon his studies of ;i4] never seen evidence, that one can suffer liver [i4] himself and his family, was that PCBs were [is] damage with these kinds of chemicals, not just [is] accumulating in human beings and that PCBs were ;i6] PCBs. ' lie] passed from mother to baby through breast milk. You [i7] There are many things that are like this, [i7] saw that in the document, correct? [is] so you will note that the labels on PCB products [ib] A: Yes, but I -- to this day, I interpret [i9] contain those words like "don't inhale" and "keep it [19] Dr. Jensen's report as containing an awful lot of 120] off your skin," so on. [20] speculation, no confirmation of any of these pi] Q: Right. [21] findings to this day. [22] A: And we provided the workers with [22] Q: Well, to this day, it's your testimony [23 oirators to take care of the inhaling problem, [23] that, to this day, it has not been confirmed that [24] 4 . Lential problem, or we provided these gloves we [24] PCBs are passed from mother to child through breast [25] talked about earlier to keep it off the skin, and so [25] milk? You don't think that's true as of this day? Page 116 - Page 119 (32) Min-U-Script BROWN REPORTING, INC. (404) 876-8979 WATER PCB-SD0000017524 W aLI UR OWIiNi, et ai. v. MONSANTO COMPANY WILLIAM B. PAPAGEORGE, P.l March 13, 200 Page 120 Page 122 m A: I have seen nothing to support that, PI it not true, sir, that it was determined, after li'i Q: All right. And you're as sure about that [2] November of 1966, that, in fact, PCBs do pi as you are about all the rest of your testimony? PI bioaccumulate in the fat tissue of animals? Hi MR. WHITE: Well, let's not compare Hi MR. WHITE: Object to form. |5| testimony. [5] Q: (By Mr. Wright) You can answer. I6i MR. WRIGHT: Well, it's fair. [6] A: In November of '66, it was a speculative Pi MR. WHITE: It is not fair. We're not [7] conclusion. |8| going to do that. [a] Q: That was confirmed after November of '66? pi MR. WRIGHT: Are you instructing him PI A: Several years later. [10] not to answer? [io] Q: Well, all right.Tell me your best in] MR. WHITE: I'm instructing him not to in] understanding of when it was confirmed that PCBs ii2] answer. [i2] bioaccumulate in animals? [i3| Q: (By Mr. Wright) Are you sure about that? M3] A: I don't remember a specific date, but I [Ml A: Well, sir, I have been to Sweden. I have [i4] do know in the early Seventies is as close as I can [is] talked to Dr.Widmark. Dr.Jensen did not show up [is] come. [is] for our meeting which was scheduled. I can only [16] Q: Well, what did you make of the hog [i7] assume that Dr.Widmark did not want to discuss [17] findings that are our Exhibit Number 8 from December (isi these personal things with these strangers. [is] of 1970? Did that not tell you that PCBs were |i9i I can't help but believe that some of [19] bioaccumulating in animals? [2oj what he put in print was speculative and they were [20] A: Well, that fits my early Seventies [2ii not in what -- not in -- not in what the scientific [2il comment. 122] community calls literature that the scientific [22] Q: 1970s, all right. Are you aware that [23] community can review and comment on. [23] there were fat samples that were analyzed -- human [24] Q: Okay. With all due respect, sir, we're [24] fat samples that were analyzed in about that same [25] going to -- we're on the verge of dropping off into [25] time period? Page 121 Page 123 in a chasm that, in the interest of time, I don't want |i] A: By whom? 12] to drop into. Let me ask you this question very 12] MR. WHITE: 1970? [3] simply. [3] Q: (By Mr. Wright) By anybody but Hi You know that, in November of 1966, Hi particularly by Monsanto itself? [5] Monsanto was made aware of the findings of at least [s] A: Human samples in 1970? [6j one scientist, Dr.Jensen, that PCBs were 16] Q: Yes. [7] accumulating in human beings and, in fact, were [7] A: I don't remember that. [8] being passed from mother to baby through breast [a] Q: Do you know whether human beings had ever pi milk? Monsanto was aware of that information? Pi been tested for the presence of PCBs prior to -- ]io] MR. WHITE: Object to form. [io] well, prior to the end of 1970? Do you know that [11] Q: (By Mr.Wright)You can answer. ini one way or the other? [12] A: In 1966, we received preliminary [12] A: I was not aware of any. [i3i information that referred to chlorinated biphenyls. [13] Q: Okay. Would that have been something [Ml Q: And that was cleared up within two weeks, [14] that you feel like you should have been aware of in li si correct, sir, in a short period of time? [is] your role as Monsanto's point man on the PCB [16] A: I don't know about the two weeks. [is] problem? [17] Q: In fact, it was confirmed by [i7] MR. WHITE: Objection. Calls for [isi Mr. Richardson of the Shell Company in England [is] speculation. You're assuming it happened. [is] within a week of that report. Are you aware of [19] Q: (By Mr. Wright) You can answer. [20] that? [20] A: I would only have been aware if somebody [21] A: No. [21] on my team, who was involved with analysis and had 1221 Q: All right.That's another chasm I'm not [22] contacts with other laboratories, you know, telling 23j going to jump into. 123) me that. [24[ A: All right. [24] Q: Was Dr. Tucker on your team? [25] Q: What I am going to ask you, though, is is [25] A: Yes. BROWN REPORTING, INC. (404) 876-8979 Min-U-Script (33) Page 120 - Page 123 WATER PCB-SD0000017525 WILLIAM B. PAPAGEORGE, P.E. March 13, 2001 WALTER OWENS, et aL v. MONSANTO COMPANY Page 124 Q: Okay. Now, assuming that -- well, let me ,tj just ask it flat-out this way. Pl MR. WHITE: As opposed to other ways? [4] MR. WRIGHT: Yeah. I think I know the [5] answer. Pi Q: (By Mr. Wright) Did you or anybody else 17) on behalf of Monsanto ever tell the residents who [b] were neighbors of the Monsanto Anniston plant that Pl PCBs accumulate in animals or humans? no) MR. WRIGHT: Talking about during his [11] tenure? [12] MR. WRIGHT: Ever. Does he know [13] whether that was ever communicated to the |i4] neighbors in Anniston of the Monsanto plant? [isi THE WITNESS: Not to my knowledge. [16] Q: (By Mr. Wright) Now, there is a question [17] of these studies, these toxicology studies at [is] Industrial Bio Test. Let me ask you, generally, [19] first, were there ever -- did Monsanto ever [20] commission any studies to study the [21] endocrinological -- [22] MR. WHITE: Don't help him. las] MR. WRIGHT: Eddie? |24j (Discussion ensued off the record.) Q: (By Mr. Wright)The endocrine effects [1] A: Correct. [2] Q: Did Monsanto commission studies through Pl anybody else other than Industrial Bio Test? Pi A: There was a study that I was made aware [5] of, but not involved in, with primates. Pi Q: Is that a Monsanto study or just one that [7] Monsanto heard about? [0] A: I'm under the impression that Monsanto Pl was involved, and that's as far as I know. [10] Q: Okay. Let's talk about that, because, in [11] all honesty, I'm unaware of that. |i2] When do you think that study took place? [i3i A: Early Seventies is as close as I can [i4] come. [is] Q: Who do you think did the study? lie] A: I think it was a laboratory right here in [i7] Atlanta. [iB] Q: Any hints about the name of either the [19] laboratory or the researcher? [20] A: I can't remember it now. [21] Q: There are some government laboratories [22] here in Atlanta. Was it a government study? [23] A: I really don't remember. 124] Q: What were the results; do you remember [25] that? Page 126 Page 125 Page 127 [1] of -- [1] A: Again, I don't remember. PI - A: No, I can't pronounce that word either. 12] Q: What were they studying? Pl Q: Let me restate the question properly P] A: I don't know. Hi using American grammar. [4] Q: All right. Other than that, everything Pl MR. WHITE: You have been at this too [5] else was done at IBT, as far as you know? [6] long, Larry. [6] MR. WHITE: Where are we now in [7] Q: (By Mr. Wright) Did Monsanto ever Pl "everything else?" [a] commission any studies to study the endocrine |b] MR. WRIGHT: Well, I know about the 19] effects in humans of PCB exposure? [9] Drinker studies, [io] A: No. [10] MR. WHITE: There were a lot of [it] Q: Did Monsanto ever commission any studies [11] studies. [i2j to study the endocrine effects in animals of PCB ]i2] MR. WRIGHT: There were some Kettering [13] exposure, the endocrine effects? 113] studies early on. I'm talking about chronic [14] A: Not to my knowledge. [14] exposure studies after 1968. |is] Q: Did Monsanto ever commission any studies I is] THE WITNESS: Well, there were the ns] to study the effects on metabolism of PCBs in [16] typical so-called subacute studies to [i7] humans? [17] establish what levels can you feed the [is] A: No. [iB] animals before they die because you want them |i9] Q: Did Monsanto ever commission any studies |i9] to last their lifetime. [20] to determine neurological effects, either in humans [2o] Q: (By Mr. Wright) Right. pi] or animals, of PCBs? pi] A: Following that, there were the lifetime [22] A: Not to my knowledge. [22] feeding studies to rats.There were two-year [23] Q: Monsanto did commission some toxicology [23] feeding studies to beagle dogs.There were chicken :udies of PCBs through the firm, Industrial [24] studies. P=i Bio Test laboratories, correct? [25] Q: All of those were done at IBT? That's Page 124 - Page 127 (34) Min-U-Script BROWN REPORTING, INC. (404) 876-8979 WATER PCB-SD0000017526 WALTER OWENS, et al. v. MONSANTO COMPANY WILLIAM B. PAPAGEORGE, P.E March 13, 200" Page 128 Page 130 HI what I'm asking? [i] A: Certainly. 121 A: Correct. 12] Q: Now, would it have been irresponsible for pi MR. WHITE: I think what he's asking PI Monsanto to request IBT to change a conclusion in a [41 you, Bill, is were there studies done by [4] report on the carcinogenicity of Aroclors? Is] entities other than IBT. Pi A: That depends entirely on what the study [61 MR. WRIGHT: On behalf of Monsanto. I 16] results are, and how the author of the report I/! know there were studies done all around the [7]described them and concluded. Pi world by other folks eventually. [] Q: Well, isn't it up to the author of the Pi Q: (I5y Mr. Wright) Did Monsanto have Pi report to make his own description and conclusion noi anybody else doing studies for them other than IBT? [id] without the interference from the client that is ins A: No, not to my knowledge. |ii) paying him to do the study? [i2] Q: Okay. Now, you had some knowledge of the Ii2] A: Well, that's generally the way. However, [is] IBT studies while they were going on? [is] in a study like this PCB study, where more than one [i4] A: Yes. [i4] type of PCB was studied, ending up with three [is] Q: And I think I have seen where you say you (is; reports with roughly the same results, the same Ii6| made maybe three visits to the IBT laboratories? [16] conclusions had to apply.You can't select one and 117] A: That is correct. [17] make it differ from the other two kind of thing. [is] Q: Do you have any better recollection now [is] Q: All right. Now, I'm going to try to sift [19] about when those visits were? lie] through a few things here. [20] A: Not really. [20] When you were at the plant, were there [2i| Q: Okay. Now, do you ever remember Monsanto I2i] periodic complaints about air pollution? [22] being concerned about the fact that the early [22] MR. WHITE: By who? 123] results from the IBT studies were showing Aroclors [23] MR. WRIGHT: By neighbors of the [24] to be more toxic than had initially been hoped by [24] plant? 125) Monsanto? [25] THE WITNESS: I don't recall any Page 129 Page 131 ,[ii MR. WHITE: Object to form. [1] neighbor ever complaining. [21 Q: Oiy Mr. Wright) Do you remember that? [2] Q: (By Mr.Wright) Well, do you recall that PI A: I don't remember that evaluation of the P] in these Technical Services Department's monthly [4] results, no. [4] reports, there was a section for community and is] Q: Do you remember any discussion about ]5] governmental relations and a section for complaints? [s] because of that, i.e., the studies were turning out [] A: I don't remember that. [7i more toxic than Monsanto had hoped, that Monsanto n MR. WRIGHT: I will get this marked. (si was asking IBT to rerun the studies to try to get [s] (Plaintiffs'Exhibit 12 was marked for [9] better results? [s] identification.) [io] MR. WHITE: Object to form, [10] Q: (By Mr.Wright) I'm marking as in] Q: (By Mr.Wright) Do you remember that [11] Exhibit 12 the Technical Services Department Monthly [i2] occurring? 112] Report from May of '69, and I'm going to turn your pa] A: To my knowledge, they weren't renin. [13] attention to Page DSW 014891, and you see the [i4] Q: Would it have been unethical or [14] section I'm referring to, Community and Governmental [i5i irresponsible to request IBT to rerun the studies to [i5| Relations. It says -- [iG] try to get different results? 116] MR. WHITE: Wait a minute. We can read [i /I MR. WHITE: Under what set of [17] it. [is] circumstances? [is] MR.WRIGHT: Led me read it into the [i9l MR. WRIGHT: That you're concerned the [i9j record: "Received two air pollution |20] first two results are too toxic and you want [20] complaints during May.They were aggravated [21] IBT to rerun them to try to get different [22] results. [21] by the weather, i.e., no wind plus high [22] humidity prevented the dispersion of S02 23] MR. WHITE: I object to the form. 123] fumes." [24] Q: (By Mr.Wright) Would that have been [24] THE WITNESS: Let's see.What is the |25] irresponsible? [25] date of this? BROWN REPORTING, INC. (404) 876-8979 Min-TJ-Script (35) Page 128 - Page 13 WATER PCB-SD0000017527 WILLIAM B. PAPAGEORGE, P.E. March 13, 2001 WALTER OWENS, et al. v. MONSANTO COMPANY Page 132 Page 134 MR. WRIGHT: May of '69.You were PI "common sense." still there in May of '69, correct? 12) Q: Deductions, would that be a better word? {3] THE WITNESS: Yes, sir. P) Could you deduce that, in the history of Monsanto's [4| Q: (By Mr. Wright) All right. Does that [4) production there at Anniston, that that was not the 15) refresh your recollection that, from time to time, [5j first time that Aroclors in their liquid phase had [6] there were air pollution complaints from the [6] escaped from the plant and gone down the waterway? [7] Anniston facility? Pi MR. WHITE: Object to the form. Does IB) A: This does refer to two of them for this la) that say gone down the waterway, Larry? [9) particular month of May of '69, and it does refer to Pi MR. WRIGHT: It says "visual inspection no) sulphur dioxide fumes. (io) of Snow Creek for visible pockets deposits of [iij Q: Do you think there were never any other (iij liquid Aroclor." [i2] complaints of air pollution from the Anniston [131 facility? [i2j MR. WHITE: All right. [i3j THE WITNESS: There again, the use of in) A: I just don't remember any. [i4| the expression Snow Creek really -- [is] Q: All right. Now, the other thing I wanted lie] to ask you about here, sir, is do you remember, [15) Q: (By Mr. Wright) I know.That is why I [16) limited it to the waterway rather than Snow Creek so [i7) while you were there, that free globules of Aroclors [iBj were found in the waterway below the plant outfall? (i9) A: Globules? [17) we don't have to argue whether -- mb] MR. WHITE: We're not arguing. [191 MR. WRIGHT: -- whether they're talking 120) Q: Globules? [2i] A: 1 remember a reference to globules, but [221 it struck me that a globule could be a little drop pa] or it could be a larger amount. I recall the [20) about the drainage ditch going through the |2i) neighborhood or actually, literally, 122) Snow Creek further down. [23) THE WITNESS: This would not be [24] instance here, yes. [25i Q: All right. Here is another reference to, [24) unusual. It's an indicator that you better [25) go back and clean up that sump. Page 133 Page 135 [i] I think, the same type of phenomenon.This is [i) Q: (By Mr. Wright) All right. Is it also PI talking about a waste audit of the Aroclor and PI an indicator that you ought to try to find out where [3] HCL Department were started during May; "Visual Pi else the Aroclors went in the past? [4j inspection of Snow Creek for visible 'pockets' [4] A: Well, that's almost a natural thing to [5] deposits of liquid Aroclor started with completion [5] do, way of doing business here. [6] by 7-1.'' [6] Q: The next Technical Services Department [7] Do you see that? [7] Monthly Report is -- that I'm going to refer to is [a] A: 1 see that. [8] June, and it references something I want to ask you [9] Q: Was that one of the things that you asked |9) about? [10] your folks to do, was to go down and look and see if [io) MR. WHITE: June of '69? [11] they could see visible pockets ofAroclor on the [i i| MR. WRIGHT: Yes.This is Number 13. [12] bottom of the -- [12] (Plaintiffs'Exhibit 13 was marked for |i3] A: That's one of the things I asked as part [13] identification.) [i4| of their evaluation of the entire site. [14] Q: (By Mr. Wright) Down here, again, in the [is] Q: Right. And when they did go and look, |i5] Pollution Control Legislative Action Section: "The [is] they found either pockets or free globules, or [i6) Alabama State Legislature is working actively on an |i7] whatever you want to call it, of two-phase liquid ]i7) Air Pollution Bill.The bill presently in the [is] Aroclor around the bottom of the waterway? [19] A: Correct. [ib[ legislature is a compromise on the original Bill [i9j sponsored by the Associated Industries of Alabama. [20] Q: Now, would common sense tell you that [20] Bill introduced to change Alabama Water Improvement [21] that was not the first time in Monsanto's history [21) Commission representation from six to one industry 122] that either pockets or globules or two-phase or [22) members was scheduled by the Committee and will 123] whatever you want to call it had escaped from the [23) probably be killed." [2/ 'niston plant? [24] That's referring to two different [2. A: Oh, 1 have a hard time with the word [25] legislative items.The first is the Air Pollution Page 132-Page 135 (36) Min-U-Script BROWN REPORTING, INC. (404) 876-8979 WATER PCB-SD0000017528 . .vLI *w ci ai. v. MONSANTO COMPANY WILLIAM B. PAPAGEORGE, P March 13, 20. Page 136 Page 17 ni Bill. Do you remember anything about that Air [il MR. WHITE: Dealt with him the most? [21 Pollution Bill? 12] MR. WRIGHT: If you want to interpret Pi A: I remember some activity in that area, Pi it that way, yeah. pi yes. Hi THE WITNESS: I really don't know. pi Q: Did you have any discussions with Alabama [5] Q: (By Mr.Wright) Okay. |6| governmental officials, either representatives or [6] (Plaintiffs' Exhibit 14 was marked for Pi anybody? Pi identification.) IB] A: I personally -- pi Q: (By Mr.Wright) Look at this document. [9] MR. WHITE: About this -- [9] The reason I'm asking you about it is that this is a [to] Q: (By Mr. Wright) About the Air Pollution ]io] document dated August 21 st of '69. It's entitled mi Bill? in) Pollution Summary Report, Organic Division, Second [12] A: I personally did not. [121 Quarter, '69. It says: "This is the sixth of [13] Q: Did Monsanto's representatives have any [13] regular quarterly repons summarizing pollution (u| discussions with anybody about -- [14] accomplishments and problems around the division." [is] A: As best I can recall, Bunky -- Gene [is] Do you see that? [16] Wright was the contact. [is] A: I do. 11/] Q: All right. Likewise, with the bill to [i7] Q: Do you remember getting documents like [iBj change the Alabama Water Improvement Commission [is] that? [19] representation from six industry representatives to [19] A: Yes. [20] one industry representatives, do you remember [2D] Q: Or like this? [21] anything about that? [2i! A: Yes. [22] A: Only that the discussion was going on, 122] Q: Did you get the first five, or any of the 123] and -- . 123] first five? [23] Q: If there were six industry 124] A: I don't recall.There were several, is [25] representatives on the Alabama Water Improvement [25] all I can say. Page 137 Page 139 [i] Commission, how many other representatives other [1] Q: Do you remember a meeting in January of pi than industry were there on that Commission? [2] 1970, and this is right after you took your new job, pi A: I don't remember. Pi when y'all went and met with General Electric Hi Q: All right. Did industry have a majority Hi regarding PCBs? |5] on the Commission? IS] A: I do. (si A: I don't remember. [6] Q: Where was that meeting held? [7] Q: Did you ever have any dealings with the [7] A: In St. Louis. [a] Alabama Water Improvement Commission during your is]Q: And do you recall a discussion at that Pi rime at Monsanto -- I'm sorry, at Anniston? [9] meeting about the Industrial Bio Test ongoing |io] A: I met Joe Crockett. [10] research? [ii] Q: Where did you meet him? [11] A: I do. |i2] A: When he was at the plant, but we -- as I ]i2) Q: Do you recall the discussion at that [i3| remember it, we didn't discuss any serious [13] meeting about the results of Industrial Bio Test not iij] business'. It was more of a social kind of thing and [14] being as favorable as Monsanto had hoped or [is] then he went off with the other Anniston plant [is] anticipated? [is] people and had their business discussion. [i6] A: Well, there was some discussion on this [17] Q: Do you have any recollection when that ]i7] and the information that was being developed, and lie] might have been? lifl] the prolonged study was showing this persistence [i9] A: I believe late Sixties is as close as I 119) feature as compared to the short-term worker (20| can come. [20] exposure studies that 1 mentioned earlier. [211 Q: Who had the best relationship with him at I2i] Q: Do you remember it being -- I'm sorry. [22] the Anniston plant? [22] Were you through? pa] MR. WHITE: What do you mean by "best [23] A: That's about all I can remember. pal relationship"? Closest? 124] MR. WHITE: Maybe if he looked at what [25i MR. WRIGHT: Yeah, the closest. 125] you're referring to. BROWN REPORTING, INC. (404) 876-8979 Min-U-Script (37) Page 136 - Page 139 WATER PCB-SD0000017529 WILLIAM B. PAJPAGEORGE, P.E. March 13, 2001 WALTER OWENS, et aL v. MONSANTO COMPANY Page 140 Page 142 MR. WRIGHT: Let me ask one more Ml contracting it out and they ran into some .4 question anti lie can look at it all he wants, [2] difficulties which delayed the project so, finally, pi MR. WHITE: All right. p] they got it installed. [4] Q: (by Mr. Wright) Do you remember it being [4] Q: What were the difficulties? [5i discussed that some of the studies will be repeated [5] A: As I remember, they were digging out to [6i to arrive at better conclusions? 16] form a pond. [7] A: boy, that doesn't ring a bell at all. m Q: A sump is essentially a pit, correct? [si (Plaintiffs' Exhibit 15 was marked for [] A: Yes, and they ran into underground water, pi identification.) PI as I remember, and they had to seal that off. Now, [loi Q: (by Mr. Wright) Let me show you this [io; that was 30 years ago, so -- but I do remember they ini document. Look at Section D, Status of Aroclor mi had some difficulty putting this new sump next to [121 Studies at Industrial BioTest.Tablc II. Let me [12] the current one. 113] just read it. It's short: "In essence, results [13] Q: Now, we may be talking about different [i4] reported by Mr. Wheeler on chronic animal toxicity [u] things. I'm not talking about the second limestone [i5i tests and animal reproducibility studies underway Ii5] pit. [i6) are not as favorable as we had hoped or [iB] A: Oh, that's what I'm talking about. |i7] anticipated. Particularly alarming is evidence of [17] Q: That's what you're talking about? [is) effect on hatchability and production of thin [iB] A: Yes. [i9j eggshells regards white leghorn chickens.These [19] Q: I'm talking about a sump at the north end [20] studies will be repeated to arrive at better [20] of the Aroclor building. [2i[ conclusions"? pi] A: Oh, underneath the operating unit? 1221 MR. WHITE: You skipped a line. [22] Q: Well, no. I'm talking about outside the [23] Q: (By Mr. Wright) "The studies involved [23] operating unit to catch the PCBs that escaped from [24] Aroclor 1242, 1254, and 1260. Some of the studies [24j the Aroclor unit in their two-phase form.This sump rasi will be repeated to arrive at better conclusions." [25] was, as I understand it, was intended to try to Page 141 Page 143 [i] First of all, did I read that accurately? [1] catch some of the liquid PCBs that were escaping 12) A: Yes, you did. [2] from the Aroclor unit before they ever got to the [3] Q: Does that refresh your recollection that PI limestone pit. [4j there was a discussion about some of the IBT studies [4] A: Oh, okay. [5] being reproduced to arrive at better conclusions? [5] Q: Do you remember anything about that? [6] A: I recall that now. [] A: There was.a sump outside the producing [7] Q: Were you in favor of that plan or did you [7j unit and there was a sump underneath the concrete [8] protest? [8] floor, right underneath the tanks and all, so -- [9] MR. WHITE: If you know. [9] Q: Talking about the ditch or -- I call it [io] THE WITNESS: I did not protest because [io] the ditch, but there was a concrete -- well, ditch |ii] the individual reporting this was involved [til is the best term that I've got. [12] with toxicology. [12] A: All right. [13] Q: (by Mr. Wright) You deferred to [is] Q: That ran through the Aroclor production [14] Mr.Wheeler? (i4j facility to carry the waters into the sewer. Is 115) A: Correct. [is] that what you're talking about? [i6] Q: When was a sump finally installed at the [16] A: I guess we are. [it] Anniston plant to trap fugitive PCBs? [17] Q: Okay. [is) A: Early 71. [iai A: It's a device to catch any spillage and [19] Q: Why did you not put a sump in when you [19] control it so that it doesn't get away from them. [20] were the plant manager of Anniston? [20] Q: All right. It controls it by routing it 12,] A: A second sump was recommended and the pi] to the sewer system, correct? Let me tell you how [22] Technical Services Department actively pursued it, [22] it's been described to me by the guys that worked in i?3i and you'll notice in some of the reports references [23] the Aroclor facility back then. j the progress being made, and trying to size it in [24] A: All right. [26i terms of what was it expected to do and, finally, [25] Q: There was a concrete pad.The Page 140 - Page 143 (38) Min-U-S cript BROWN REPORTING, INC. (404) 876-8979 WATER PCB-SD0000017530 wAjlTER OW tNS, ct al. v. MONSANTO COMPANY WILLIAM B. PAPAGEORGE, P.E. March 13, 2001 Page 144 Page 146 HI chlorinators were positioned on that pad. [2i A: Yeah. m go? [2] THE WITNESS: That goes to these PI Q: And then there was a -- well, what they Pi limestone pits we actually talked about. ki have described as a ditch, I think, but the way they [4] Q: (By Mr. Wright) It went to what they Pi described it is that it's an indentation in the [5] called the Aroclor sewer which routed it through the pi concrete that channels water through the Aroclor [6i plant and down to the limestone pit? l/l area and directs it to the sewer.And what they [7] A: Right. (a) said is that they washed down the Aroclor area three [a] Q: Okay. pi times a day, at the end of each shift, and that [9] A: And that other tank I talked about was poi those concrete ditches or whatever you want to call [to] right underneath a lot of theequipment, and it [til it, drains, whatever you want to call it, carried [i2i the waste water into the sewer system. |i3) Does that sound familiar, first of all? [it] would be pumped out. [i2[ Q: Okay. So that could reasonably be called [13] a sump? [i4| A: Not quite. [14] A: Yeah. [is] Q: Okay. What do you recall? [is] A: That doesn't mean that my recollection is [is] Q: I guess. [i6[ A: Yeah, allright. Ii7] accurate. [i7| Q: What I'm talking about is the sump that [isi Q: What do you recall? [i9| A: I remember a basin underneath the poi operating unit that would collect a mixture of water pi) and PCBs, and every now and then, they would turn on [22) the pump and pump out of it. [23] Q: Okay. [24) A: I do not remember a V-shaped trough. I [25] have a hard time remembering what they mean by [is] was placed between the Aroclor production facility [is] and the limestone pit? [20] A: Right. [21] Q: And I believe it was placed there in [22] about May of 1970. Does that ring a bell? [23] A: That's correct. [24] Q: Okay. And my question is, specifically, [25] why was a sump not put there before May of 1970 to [1] sending it to the sewer. Where would it go from [2] there? Pi Q: Well, my understanding is that it went [4] into the sewer system and that routed it to the [5] limestone pit? [6[ A: Oh, that part.They call that the sewer. |/| Q: That's what they called the sewer? pi A: Okay. I jumped to a conclusion that this Pi went to the city system. [io] Q: Oh, no, no.They called that the HCL [i i] sewer or the Aroclor sewer. [12] A: Okay.That makes sense. [13] Q: Okay. Ii4j MR. WHITE: Describe it so I will [is] understand what the two of y'all just said. [16| THE WITNESS: Well, within the [i7] department, they had a channel. [isi Q: (By Mr. Wright)There you go.That's a [i9[ good word. 120] A: He described it as a V. 1 thought it was [21] more a U, but, nonetheless, I tripped over it many [22] times. [231 Q: I wondered if people tripped over that [24] thing. [25] MR. WHITE: Keep going. Where did that Page 145 Page 147 [1] catch the Aroclors that were escaping from the [2] Aroclor facility before they got to the emission Pi point to the plant? Hi A: Okay. Based on the knowledge that the (5) plant had at the time, and without the up-to-date 16) analytical procedures and what-have-you, they Pi sincerely believed that the limestone pit would [a] serve as the device for preventing the uncontrolled [9] emissions, and it turns out that it didn't work as no] well as they thought it would until they started [11] analyzing the water. [12] Q: Well, once they learned that it wasn't [13] working, and that PCBs were escaping and were [14] persisting in the waterway downstream from the [is] effluent point, why did they not immediately put in [16] a sump? [17] MR. WHITE: Object to the form. [is] Q: (By Mr. Wright) You can answer. [19] A: Well, they did it immediately if, by the . [20] use of the word "immediately," you imply that as [21] fast as technically and humanly possible, so they [22] put in that second limestone pit.That was the [23] answer that was thought of at that point in time. [24] Q: Do you know when that was concluded? Is [25] that the one you said was done in 71? BROWN REPORTING, INC. (404) 876-8979 Min-U-Script (39) Page 144 - Page 147 WATER PCB-SD0000017531 WILLIAM B. PAPAGEORGE, P.E. March 13, 2001 WALTER OWENS, et aL v. MONSANTO COMPANY Page 148 Page 150 A: Yes, early '71. til MR. WHITE: The dates correspond to 121 Q: Just before the liquid Aroclor plant was PI your question, you're correct, pi shut down? p] THE WITNESS: Yes. |4] A: Correct. [4] MR. WHITE: In terms of the dates of [5] Q: Are you aware that in March of 1970, the [5] their reports. 16] Japanese plant already had a sump to minimize PCBs 16] Q: (By Mr. Wright) By the way, Monsanto had 17] escape from the plant? Pi telephones in March of 1970, didn't they? lei A: I just don't remember that detail. [9t (Plaintiffs' Exhibit 16 was marked for la] MR. WHITE: We assume that was the case. [9] Q: (By Mr. Wright)They had teletypes? May no] identification.) [io] not have had faxes yet but had telephones, [i i] Q: (liy Mr. Wright) Let me show you a letter |ii] teletypes, means of communicating quickly? |i2] from J. II. Durland. He was the Japanese Monsanto [13] representative? [12] MR. WHITE: Smoke signals. [13] Q: (By Mr. Wright) Monsanto had means of [14] A: Yes. [14] communicating with Japan besides just in writing, [is] Q: He refers to Monsanto's Japanese plant [16] and states that they have a sump and a pond and, [is] correct? [16] A: That's true. I'm trying to think.This [17] therefore, they think that their effluent is going [17] was a new plant -- [ie]to be very low, correct? [iB] MR. WHITE: Hold on. He just asked you [19] A: You are correct. What he described here [20] is what the Anniston plant had. [21] Q: Eventually? [22] A: Well, yeah, when you consider the sump is [23] new. [24] (Plaintiffs' Exhibit 17 was marked for [i9] if they had ways to communicate. Listen to [2oj the question. [2ij (Plaintiffs' Exhibit 18 was marked for [22] identification.) [23] Q: (By Mr. Wright) Our next exhibit is 18. [24] Does this refresh your recollection that Monsanto identification.) [25] knew in 1970 that animals were accumulating PCBs in Page 149 Page 151 [i] Q: (By Mr. Wright) I'm sorry. When is that [i] their milk? It's a document dated March 30th, 1970, Pi last document dated? [21 that documents a finding of PCBs in milk in Ohio, [3] A: March 1970. [3] correct? [4] Q: Does it say March what? [4] A: Yes. [5] A: March 23. [5] Q: And it says: "All in all" - this is the [6] Q: In fact, three days later is when a sump is) third paragraph - "All in all, this could be quite a pi was first proposed at Anniston, correct, looking at [7] serious problem, having legal and publicity [8] this next Exhibit 17? [B] overtones," correct? [9] A: I have scanned the summary. [9] A: It does say that, yes. [10] Q: Right.And the thing I want to focus on [io] Q: And that's a letter from Emmet Kelly, the [11] is the recommendation for Phase One and Item [i i] Director of the Medical Department, to you, correct? [12] Number 1 is: "Install a sump at the north end of [12] A: Correct. [is] the Aroclor Department to collect leaks, spills and [13] Q: On the second page is a confirmation of 114] suspended PCB from department effluent.Approximate [14] these findings by Monsanto's Analytical Chemist, [i5| cost. 15,000." [is] Scott Tucker, correct? (is] Do you see that? [16] A: Correct. Ii7] A: I see that, yes. [17] Q: So, as of April of 1970, there was no [iB] Q: And that was documented as being a 11b] question in Monsanto's mind that PCBs were 119] proposal three days after you were informed in your [19] accumulating in animal milk as a result of the 120] letter that the Japanese already had a sump and a [20] ingestion of PCB-contaminated material, correct? [21] pond to control PCBs in their effluents, correct? [21] A: Correct. [22] MR. WHITE: Well, do we know when this was received? [22] Q: Did Monsanto ever advise the neighbors of [23] Monsanto in Anniston that PCBs could accumulate in MR. WRIGHT: All we know is when it was [24] animal milk and be transmitted to human beings as a 125] dated. [25] result of the animals consuming contaminated food? Page 148 - Page 151 (40) Min-U-Script BROWN REPORTING, INC. (404) 876-8979 WATER PCB-SD0000017532 .___ _ju o ct ai. MONSANTO COMPANY WILLIAM B. PAPAGEORGE, March 13, 2 Page 152 Hi MR. WHITE: Object to the form. 121 Q: (By Mr. Wright) You can answer. (3i A: There was no relationship with Monsanto's HI THE WITNESS: And trial. Anything Pi under oath. 13) Q: (By Mr. Wright) How many of those l*] neighbors anti this incident in Ohio. [5j Q: So the answer is no? |G| A: Correct. i/i Q: Monsanto was aware, shortly after this, lai that the FDA was intending to impose a limit of [91 point 5 PPM in milk, correct? [io] (Plaintiffs' Exhibit 19 was marked for (ill identification.) Ii2) Q: (By Mr. Wright)That is Exhibit 19 I'm [i3] talking about. [u| A: Well, I have read this memorandum. I [is) sense from Dr. Kelly's comments that there was [i6i frustration in terms of what it is that was going to ii7i happen. [mi Q: All right. You can also sense from list Dr. Kelly's comments where he says: ''1 am not so 120] sure whether it might not do more harm than good for 1211 ns to stan poking around to find out. Let me know [22i if anyone has any firm convictions that I should 123) start digging," that he was concerned about asking [241 too many questions because he might stimulate such a [261 limit being imposed, which would be adverse to Hi cases -- let me just ask you this: How many of is) those cases did Monsanto lose at trial? I6j MR. WHITE: We ain't going into that. r7] MR. WRIGHT: Why not? Am 1 not allowed m to ask that? I don't know who else I'm going (91 to get it from.Y'all won't tell me. lio) MR. WHITE: Let's do this. If you know in) the results of any of the cases, the trials, (i2l you can tell him.That's fine. (13) Q: (By Mr. Wright) Y'all have lost some, (i4j right? You lost the Bad Axe, Michigan, case, right? [is] A: The Bad Axe and there is a school case. [i6j That's all that comes to mind. [i7] Q: What about the Fisher case? You don't lie) remember that one? li9) MR. MOORE: Summary judgment for the (2oi defense. [21) Q: (By Mr. Wright) What about the South [22) Carolina case? [23) A: South Carolina? [24) Q: Yes.There was a South Carolina case. [25) MR. MOORE: Not tried. Page Page 153 Page 155 HI Monsanto's interest? (1) MR. WRIGHT: How many have y'all lost, (21 MR. WHITE: Is that your interpretation [2] David? Pi or is that a question? [31 MR. WHITE: That he testified in? 14) MR. WRIGHT: That's my question of w (Discussion ensued off the record.) [5] whether that's a reasonable interpretation of [5j Q: (By Mr.Wright) Let's go hack on the 16) iliat statement in the document. [6i record. I understand that you are under a m THE WITNESS: 1 don't know. [7) consulting contract with the law firm of Smith, (81 Q: (By Mr.Wright) We don't have time for ibj Helms, Mullis & Moore whose offices we are in right Pi any more documents, so let me ask you a few skipping [9] now? |ioi around questions. [io) A: Yes. nil You've testified in many other PCB cases, [til Q: And you're paid about $100,000 a year and P2] correct? li2] have been for the past 13 or 14 years? [i3i MR, WHITE: Object to "many." Give him [is] A: The pay is $1,000 a month. [i4i some -- [i4| Q: I thought it was 8500 a month.When did [is] Q: (By Mr. Wright) You have testified in a [is] they cut you back? [is] whole bunch of other PCB cases? [16] A: Early -- let me think. Early last year. [i7] MR. WHITE: I object to "whole bunch." [17] Q: Before that, it had been about 100,000 a [i8i Q: Gly Mr. Wright) Can you tell me how many [is] year? li9i limes you have testified in PCB cases or are there [19] A: About. I20i too many for you to tell? [20] Q: By my math, that would have been about a [211 A: I have never kept score, but as best I pi] million three before last year? (221 can tell, it's about 30 years times since 1971 or [22] A: I haven't calculated that. 123) '72. [23] Q: All right. Do you have any reason to 1 MR. WHITE: That is depositions and [24j differ with my math, 1 3 years at 100,000 a year? 125) trial? 125] MR. WHITE: It is what it is. BROWN REPORTING, INC. (404) 876-8979 Min-U-Script (4l) Page 152 - Page 155 WATER_PCB-SD0000017533 WILLIAM B. PAPAGEORGE, P.E. March 13, 2001 WALTER OWENS, et al. v. MONSANTO COMPANY Page 156 Page 158 Q: (By Mr. Wright) Okay. And why did they [i] know if you remember the guy's name? . cut you back to 1,000 a month last year? Pi A: I don't remember. 13] A: As I understood it, it's the reduced p] Q: Do you remember what happened to him? Is 14| activity. [4] he still alive? [5] Q: Now, where did you live in Anniston when [5] A: I do not know that. 16] you lived in Anniston? Can you describe it? 16] Q: At some point, Monsanto determined that [7] MR. WHITE: Give him the address, if [7] there were dibenzofurans in its PCBs, correct? !6) you remember. [8] A: That's what I heard. (91 Q: (By Mr. Wright) Do you remember the PI Q: You don't remember seeing the analytical [to] address? If not, just tell me whereabouts it was. [10] results that showed that? in] A: Crestview was the street as I remember [11] A: All I saw was a listing of the amount li2] and I would go up 10th Street and up the mountain [12] found. [i3i and the home was near the top. [is] Q: Do you remember -- well, let me ask you [i4] Q: Was there ever any air testing done for [i4] this:You're aware that Monsanto preserved some [is] PCBs at the Anniston plant? [is] PCBs for distribution to researchers researching the ii6] A: There were some attempts to analyze and [i7] they found no presence in the air samples. [16] toxicity of PCBs, correct? [17] A: Yes.When you say preserved, that kind [is] Q: Did you ever see the written results? [18] of made me hesitate. [i9] A: I saw the results that indicated a zero [19] Q: Monsanto had samples preserved or set bo] presence kind of summary. [20] aside that it would furnish parts of to researchers I2i] Q: When is the last time you have ever seen [22] those written results? [23] A: Last week. 121] if they requested samples of it, for example, [22] Aroclor 1242 or 1254 or 1260? [23] A: All right.Those were just jars, like [24] Q: Oh, really? When were they dated? [24] jelly jars, on the laboratory shelf with the r5" A: Early Seventies, right after the plant [25] different -- Page 157 Page 159 [1] got their analytical instrument and so it would have [1] Q: Lot number? [2] to be 70, '71, something like that. [2] A: -- lot numbers and the PCBs, 1242 and so Pi (Discussion ensued off the record.) [3] on. W Q: (By Mr. Wright) Are you sure that you [4] Q: Right. [5] saw results of that air sampling? [5] A: Whenever they would ask for a sample, we [6] A: No. 1 really saw comments that attempts [7] had been made. 16) would reach up and put one in the proper carton and [7] send it to them. [aj Q: All right.Then you have seen what I [8] Q: Are you aware of whether the samples that [9] have seen because I have never seen the actual no] results, [9] you provided to other researchers were the PCBs that [io] contained furans or were they furan-free PCBs that ini A: Okay. im were provided to the other researchers? [12] Q: You mentioned in one of your past [12] A: That I don't know. [13] depositions the time when an operator got his hands [13] Q: Okay. Do you recall, going back to [14] covered with PCBs and it was brought to your |i4j Anniston, now, do you recall there being a desire to [is] attention and you were disappointed in him and told [is] concrete the production and loading facilities in [16] him to do something different next time. Do you [16] order to channel storm water and prevent runoff [17] remember that incident? [17] pollution? [is] A: 1 do. [is] A: You say the loading facilities? [19] Q: Who was that employee? [19] Q: And/or production facilities, anywhere [20] A: I don't recall his name, but he was one [20] where PCBs might be spilled. Do you remember there [21] of the old-timers carrying a title of chief operator [22] which was the top of the union ranks, and he, [21] being any desire to concrete those so as to control [22] the storm water runoff? [23] because he wanted to, worked the midnight shift. [23] A: I remember, yes, some thought being given 1 Q: I don't need to know about the incident [24] to that. [4.. -.ecause I think you described it. I just want to . [25] Q: Do you remember making a request to Page 156 - Page 159 (42) Min-U-Script BROWN REPORTING, INC. (404) 876-8979 WATER PCB-SD0000017534 tLij v OWENS, et aL v. MONSANTO COMPANY WILLIAM B. PAPAGEORGE, P. March 13, 20< Page 160 Page 16. [i] Monsanto Corporate in 1968 for funds to do that and it) MR. WHITE: That would cause those 121 tite Corporate folks denying that request? 12] types of symptoms. That's not what he said pi A: I don't remember any denial. Pi was involved in production. Ki Q: Would that be something that would stick [4] Q: Gly Mr. Wright) Okay. isi in your memory, if it had occurred? [5] A: The symptom of the chest cold would occur i;i MR. WHITE: Object to the form, !] only under that condition, not the little bit that in Q: (By Mr. Wright) You can answer. P] came out of the vent of the tank. [b] A: Definitely, yeah. (si Q: Is it your testimony that condition never 19] Q: You indicated in one of your earlier [9] occurred in Alabama? [ioj depositions that one of the early warning signs of [ioj A: I have never seen it, but the [u] too much vapor exposure of PCBs is feeling like [11] instructions on the label include that in the event [i2j someone's developing a chest cold; is that right? [12] the customer has got a different system than we [i3j A: Yes. [is] have. [i4] Q: Again, did y'all ever warn the neighbors [i4] Q: Where did you learn that the early ns) of Monsanto that that was one of the early warning [is] warning signs of too much vapor is feeling like a [is) signs of too much vapor exposure? [is] chest cold? Did you ever experience that yourself? (17} A: Well, the condition under which that ti7] A: No. I got that from Monsanto's Medical [is] symptom would show up would be such that you would [is] Department. [i9l have an awful lot in the way of vapor fumes.You [i9] Q: Where did they get it from? If this [jo] couldn't see through them. 120) phenomena had never occurred before, where did they I2i] MR. WHITE: You could not see through (2i[ get that -- [22) them? [22] MR. WHITE: Phenomena at Anniston. [23] THE WITNESS: That's right. It would 123] Q: (By Mr. Wright) Had it occurred at [24i he a cloud of vapors and you would have to [24] Krummrich? [2S1 walk through with a respirator on. It's not* [i] * 3 * * * * * 9 * * 1[225]13 1A4: *I6d*o*n'*t *kn* o2w2.* * 25 Page 161 Page 163 [i] just that ambient flow around the opening in [ij Q: Let me dot a couple more I's and cross a pi the tank, so the neighbor getting exposed to [2] couple more T's and we will adjourn. [3] the vapor that would cause that chest cold [3] A: Okay. hi syndrome, that's almost impossible to happen. [4] Q: A comment that I saw in one of your [si Q: (By Mr. Wright) Well, when there were IS) earlier depositions is that you were responsible for I6i those clouds of vapors created, those clouds of PCB [6] open and free communications with everybody and in vapors, were they contained or were they exposed to [7] everywhere. Is that still a fair statement of what ibi die atmosphere?The plant was open to the [8] your responsibility was from 70 to 76? [9] atmosphere, wasn't it? [9] A: Yeah. [ioi A: Yeah, but there were suctioning pipes [ioi Q: Do you still agree that providing lit] that drew it up into the -- [iij improper or incomplete information to a government [12] Q: Into the what? [121 agency would be irresponsible? [13] A: Into the vacuum generators. [13] A: Definitely. [14] Q: And blew it out the top of the plant? [14] Q: Do you recall a 1975 memo that you wrote [isi A: No, they blew it out through the [is] to Howard Bergen entitled PCB Review that said, "PCB [i6] hydrochloric acid generators and the little bit that [is] materials may be more hazardous to working personnel 117] would show up at the opening during which the [i7] than previously considered"? Do you remember a memo lie) operator is pouring lime in it would hardly be [is] like that? |i9] visible unless you really looked for it, so it would Ii9] MR. WHITE: You don't have it? pc] not be the kind of cloud you picture in a rainstorm. '[20] Q: (By Mr. Wright) I don't have it. I pi) Q: Well, 1 thought you just testified, in [2i] could dig it up, but for the time being, I'm asking [22] response to Mr. White's question, that it would be a 122] do you remember it? 23] cloud that you could walk through and you would have [23] A: I just don't remember that. ,24] to have a respirator on in order to walk through [25] it? [24j Q: Did I gather correctly that, at most, [25] 5 percent of transformers were filled with PCBs? BROWN REPORTING, INC. (404) 876-8979 Min-U-Script (43) Page 160 - Page 16 WATER PCB-SD0000017535 WILLIAM B. PAPAGEORGE, P.E. March 13, 2001 WALTER OWENS, et al. v. MONSANTO COMPANY Page 164 Page 166 MR. WHITE: At what time? ,4 Q: (By Mr. Wright) I guess ever? Pi A: At most? I don't have a number to share Ii] MR. WHITE: That doesn't surprise me. |2| Q: (By Mr. Wright) What I'm asking is Pi before she started getting paid by Monsanto, and [4] with you. I don't know. [4] back when she was still of the opinion that PCB 1260 [5] Q: That's a quote from one of the earlier [5] caused cancer in rats, did Monsanto ever advise the [6| depositions. I don't have time to dig it up right [6] Federal Government that Monsanto, through its [7i now, but that does not ring a bell to you? [7] agents, Doctors Gordon and Donnovan, agreed with [a] A: No, it doesn't. pi Q: Is it fair to say that a very small [10] percentage, whether it's 5 or something in that [11] range, of transformers were PCB-filled? 112] MR. WHITE: Again, Larry, I think, in [io] all fairness, we know there is a change in |i4] time, so whenever it is we're talking [is] about -- I mean, today, I'm sure that's the [is] case. Much less, probably zero. We don't [i7] have to dig it out if it says it somewhere. [is] Q: (By Mr. Wright) I'm asking if you think [19] that's a correct statement. If you don't [20] remember -- pi] MR. WHITE: He said he didn't remember. [22] MR. WRIGHT: I will dig it out later. [23] Q: (By Mr. Wright) What I do have at my [24| hands is you remember when Dr. Kimbrough came out with her -- in her pathologist's opinion that PCB la] Dr. Kimbrough's and her pathologist's findings? [91 A: They did not because Dr. Kimbrough, as I [io] remember, was an employee of the government. [i i] Q: Okay. So they left it up to [i2] Dr. Kimbrough to say, gee, guys, Monsanto agrees [is] with me. Monsanto never sent a document indicating [i4] that they agreed with Dr. Kimbrough's findings? [is) MR. WHITE: Isn't that kind of a [i6) circular question? Are you asking did |i7] Monsanto send a letter to Dr. Kimbrough |is] asking if they agreed with Kimbrough? [19] Q: (By Mr. Wright) Did they send a document [20] to Dr. Kimbrough, or anybody else at the Federal [21] Government, the EPA, FDA, the Centers for Disease [221 Control, did Monsanto ever advise them in writing 123) that they agreed with Dr. Kimbrough's findings? [24] A: No. (25) Q: Did they, in fact, send communications to Page 165 Page 167 [1] 1260 caused cancer in rats. Do you recall that? 1 [1] agents of the Federal Government that they disagreed [2] think it's about '74 or '75? [2] with Dr. Kimbrough's findings? Pi A: Yes, I remember that. Pi A: No. [4] Q: You remember that Mr. Levinkus and [4] Q: If they had done so, after Dr. Gordon and I] Dr. Donnovan and Dr. Gordon went over and met with [5] Dr. Donnovan met with Dr. Kimbrough and agreed with [6] Dr. Kimbrough and her pathologist and they reviewed [6j her findings, had Monsanto sent such a communication m the slides on Monsanto's behalf? [7]to the Federal Government, i.e., that Monsanto [8] A: Yes. |8] disagrees with Dr. Kimbrough's interpretation of her Pi Q: And do you recall the trip memos where [9] work, that would have been misleading the Federal [10] they indicated that they had to agree with [10] Government, correct? [11] Dr. Kimbrough's analysis that there were [11] MR. WHITE: Object to the form. I [12] carcinogenic tumors indicated on her slides? [is] A: I remember that. [12] mean, too many ifs. [13] Q: (By Mr. Wright) You can answer. [i4| Q: Did Monsanto ever advise the government [14] A: Well, if it isn't based on good technical [is] that Monsanto agreed with Dr. Kimbrough's analysis [is] evaluation, it would be misleading, yes. [16] of those slides? [i6] MR. WHITE: How close are you? [17] A: As far as I remember. Dr. Kimbrough Ii7] MR. WRIGHT: You have bludgeoned me [is] withdraw that conclusion. [18] into relinquishing my questioning of this |i9] Q: With all clue respect, I'm not asking [19] witness. 120) about that right now. [20] (Discussion ensued off the record.) [21] MR. WHITE: They don't want to talk 122] about that. I2i] Q: (By Mr. Wright) Do you remember, in [22] 1970, trying to get the State of Indiana to allow 123] MR. WRIGHT: After she started getting [23] Westinghouse to landfill PCIls and the State of mid by Monsanto, I don't much care about what [24] Indiana indicating that they did not want PCIls , , site did. |2S) landfilled? Page 164 - Page 167 (44) Min-U-Script BROWN REPORTING, INC. (404) 876-8979 WATER PCB-SD0000017536 WAL'i *:K OWENS, ei aL V. MONSANTO COMPANY WILLIAM B. PAPAGEORGE, P March 13, 20( Page 168 Pi A: Yes, it's -- yes, you're right, 121 Q: Did that concern you because you knew Pi that Monsanto in Anniston had been taking PCBs to i-i] the dump or the landfill or whatever you want to [51 call it and continued to do so? [si A: Again, it didn't concern me because I had I?] nothing at my disposal that assured me that that [s] practice was not tolerable.The answer is it didn't [91 concern me. [ioi MR. WRIGHT: I got to quit. [t i) (Deposition concluded at 4:00 p.m.) [12] [!3| PI INDEX TO EXHIBITS [21 Plaintllf's [3) Exhibit Description Page M 1 [Si Mlnules of 1274/70 meeting [14] 2 Letter * January 5,1967 [16] |16| [G] to Fuhrmetster 26 l'/| [7] 3 Report by Denzel Ferguson [IB] [19] dated February 6,1967 31 [20] [8] [21] 4 Report by Denzel Ferguson [22| [23] [91 dated March 2. 1967 35 124! [10] 5 Report by Denzel Ferguson [25] dated March 10,1967 39 15 [HI 6 Technical Services Deparlmenl [12] Monlhly Report January '69 43 [13] 7 Progress Report dated February 24,1969, Irom [14] Technical Sen/Ices Department 48 [15] 8 Memo - December 22,1970, Irom S. Tucker to W. Papageorge 75 [16] 9 Documenl entitled Recommendations [171 ol Task Force On Plant Dump dated March 31,1970 to J. Corder [IB] Irom M. Mullally 80 [19) 10 Technical Services Department Monthly Report- August 1970 109 [20] 11 Document entitled Public [21] Relations Report dated July 1970 109 [221 12 Technical Services Department [23] Monthly Report - May '69 131 124) 13 Technical Services Department Monthly Report - June'69 135 [25] Page ie BROWN REPORTING, INC. (404) 876-8979 Min-U-Script (45) Page 168 - Page 16S WATER PCB-SD0000017537 WILLIAM B. PAPAGEORGE, P.E. March 13, 2001 m INDEX TO EXHIBITS Plain!Ills pj Exhibit Description Page HI 14 Document entitled Pollution IS] Summary Report, Organic Division, Second Quarter, 69 138 IS] 15 SI. Louis Meeting with General [7] Electric 140 [8] 16 Letter trom J. R. Durland 148 |9) 17 March 23, 1970 Summary 148 (to) 18 Letter March 30, 1970 trom E. Kelly to W. Papageorge 150 l"l [12] (Original Exhibits Plainlltls 1 through 18 have been attached to the original transcripl.) [13] [14] [is] [16) [17] [IB] [19] [20) [21] [22] [23| 12 U I'l 12) ' CERTIFICATE Pi STATE OF GEORGIA: COUNTY OF FULTON: w 15) I hereby certify that the foregoing is) transcript was taken down, as stated in [7] the caption, and the questions and answers [8] thereto were reduced to typewriting under 19) my direction; that the foregoing pages 1 [mi through 170 represent a true, complete, and [11] correct transcript of the evidence given [12] upon said hearing, and 1 further certify (i3l that I am not of kin or counsel to the ;i4) parties in the case; am not in the regular is) employ of counsel for any of said parties; 16) nor am I in anywise interested in the result 17) of said case. is] This, the 14th day of March, 2001. 19] ?0] M) MARCIA W. WELCH, CCR-A-172 My commission expires on the 2) 1st day of March, 2002. 3] !l 3) age 170 - Page 172 (46) WALTER OWENS, et aJL v. MONSANTO COMPANY Page 170 [1] DEPOSITION OF WILLIAM B. PAPAGEORGE. P.E7MWW I do hereby certify that I have read all [2] questions propounded to me and all answers given by me on March 13,2001, taken betore [3] Marcia W. Welch, and that: |4] 1) There are no changes noted. 2) The following changes are noted: [5) Pursuant to Rule 30 (7)(e) ol the Federal Rules [6) o( Civil Procedure and/or the Official Code ot Georgia Annotated 9-11-30(e), both ol which read In [7) pari: Any changes In lorm or substance which you desire to make shall be entered upon Ihe [8) deposition...with a statement ol Ihe reasons given...tor making them. Accordingly, to assist you [9) In ettectlng corrections, please use the lorm below. [10) Page No. Line No. should read: 111) [12J And Ihe reason lor Ihe change Is: [13] Page No. Une No. should read: [14] [15] And ihe reason lor the change is: [16] [17] Page No. Line No. should read: [18] [19) And Ihe reason (ot the change Is: (20) Page No. Line No. should read: [21) 122] And the reason 1or the change Is: (231 [24) Page No. Une No. 3hould read: [25] Page 171 Page 172 Min-U-Script BROWN REPORTING, INC. (404) 876-8979 WATER_PCB MONSANTO CXIMPANY [1] DEPOSITION OF WILLIAM B. PAPAGEORGE, P.EVMWW And the reason lor Ihe change Is: 12] Page No. Line No should read: (31 !<] And Ihe reason lor the change Is: PI [6] Page No. Line No. should read: (71 IS) And the reason lor the change Is: 191 Page No. Line No. should read: Itoi mi ' And the reason lor the change Is: (12| (13) Page No. Line No. should read: |14) (IS) And Ihe reason lor the change Is: |!6) Page No. Lina No. should read: 1171 (IS! And Ihe reason lor Ihe change Is: [19) (20] Page No. Line No. should read: 12'! |22i And Ihe reason lor Ihe change Is: 123! Page No. Line No. should read: |2-11 125] WILLIAM B. PAPAGEORG March 13 Page 173 II] DEPOSITION OF WILLIAM B. PAPAGEORGE. P.E./MWW And the reason lor the change Is: Page No. Line No. should read: P) 141 And the reason tor Ihe change Is: PI (61 Page No. Line No. should read: (71 [81 And Ihe reason lor the change is: PI Page No. Line No. should read: (101 |ii] And Ihe reason lor the change Is: 1121 (13] Page No. Line No. should read: (I-*! (15) And Ihe reason lor the change Is: (16) Page No. Line No. should read: !'7] 1191 And the reason tor Ihe change Is: 119] |20] Page No. Line No. should read: [21] (22) And Ihe reason lor Ihe change is: 123) Page No. (241 I2S) Line No. should read: Pa BROWN REPORTING, INC. (404) 876-8979 Min-U-Script (47) Page 173 - Page 174 WATER_PCB-SD0000017539 WILLIAM B. PAPAGEORGE, P.E. March 13, 2001 DEPOSITION OF WILLIAM B. PAPAGEORGE, P.E./MWW ,nd the reason lor lire change Is: icj Page No. Line No. should read: P) !<1 And the reason lor the change Is: IS) IS) II supplemental or additional pages are necessary, [7| please furnish same In typewriting annexed to this deposition. PI |9] WILLIAM B. PAPAGEORGE, P.E. [to] Sworn lo and subscribed before me, this the day of ["] )t 21 Notary Public. 2001. My commission expires: PS] [141 l'5] [11 [10) (19) 120) [21] |22] [23] [24] [25] Page 175 - Page 176 (48) WALTER OWENS, et aL v. MONSANTO COMPANY Page 175 [1] COURT REPORTER DISCLOSURE (2} DEPOSITION OF: WILLIAM B. PAPAGEORGE [3) Pursuant to Article 6.B. ol the Rules and Regulations of the Board ol Court Reporting of the |4] Judicial Council of Georgia which states: "Each court reporter shall tender a disclosure lorm at the [5] time of the taking of the deposition staling the arrangements made lor the reporting services of the |6] certified court reporter, by the certified court reporter, the court reporter's employer, or the [7} relerral source tor the deposition, with any party to the litigation, counsel to the parties or other [9] entity. Such lorm shall be attached to the deposition transcript,'' I make Ihe following [9] disclosure: I am a Georgia Certified Court Reporter. I am (to] here as a representative of Brown Reporting, Inc. Brown Reporting was contacted by the ollices ot [ii] Law Offices of Larry Wright to provide court reporting services for the [12} deposition. Brown Reporting will not be taking this deposition under any contract that Is prohibited by [13] OCGA 15-14-37(a) and (b). Brown Reporting has no conlract/agreemenl to [U] provide reporting services with any party to the case, any counsel in the case, or any reporter or [is] reporting agency from whom a relerral might have been made to cover this deposition. Brown Reporting [16] will charge Us usual and customary rates to ail parties In the case, and a tinanclal discount will [17) not be given to any party lo this litigation. ItB] . /s/ Marcia W. Welch. CCR-A-172 [19] 03/13/01 Signature of attorneys present: Dale: [20] /s/Larry Wright 03/13/01 [21] , /s/Jere White 03/13/01 122] [23] Return this form after review and/or signatures to Ihe court reporter lor inclusion in Ihe record. [24j Please use reverse side lor additional signatures. [25] Page 176 Min-U-Script BROWN REPORTING, INC. (404) 876-8979 WATER PCB-SD0000017540 Lawyer's Notes WATER PCB-SD0000017541 WAL*EU OWENS, et aL v. MONSANTO COMPANY WILLIAM B. PAPAGEORGE, P.I March 13, 200 _ $_ $1,000 155:13 $100,000 155:11 $200 million 16:13 o 014891 131:13 1 I 14:25; 15:2; 24:12; 82:16; 83:4; 110:19; 111:11; 149:12; 171:9 1.000 156:2 10 109:4 100.000 155:17,24 107013 29:9 10th 39:16; 156:12 II 109:4,7 11th 43:2 12 131:8, 11 1242 87:23,24,25; I 10:24; 158:22; 159:2 1254 140:24; 158:22 1260 140:24; 158:22; I(.5:1; 166:4 12th 76:4 13 135:11, 12; 155:12, 24 14 138:6; 155:12 14th 171:18 15 140:8 15.000 149:15 15071:3 150414 21:17 15th 87:23 16 87:19; 148:9 17 148:24; 149:8 170 171:10 18 87:3:150:21,23 1899 109:18 19 26:22; 152:10,12 1965 26:22 1966 119:10; 121:4, 12; 122:2 1967 29:9,22;30:11; 314; 38:8; 40:23 1968 127:14; 160:1 1969 49:22:57:7 197-whatever 100:15 1970 71:20; 76:4; 80:16; 81:5; 83:21:84:22; 87:23; 88:7; 89:6; 91:18, 22; 92:8; 96:18, 20; 98:3; 100:13; 109:8; 110:2, 12, 24; 111:13, 14, 15; 118:21; I 19:4; 122:18; 123:2, 5, 10; 139:2; 146:22,25; 148:5; 149:3; 150:7,25; 151:1, 17; 167:22 1970s 122:22 1971 5:9; 10:1; 11:3; 12:20; 13:20; 43:2; 71:18; 153:22 1975 163:14 1979 72:15 1995 100:13; 106:1 19th 3:14 2 2 15:19; 28:18; 29:13; 82:17 20 67:19 2001 171:18 2002 171:22 20240:15:89:24 21 st 76:4; 87:24; 138:10 22nd 87:25 23 149:5 24 99:6 24-hour 77:23 24th 48:17 25 100:5, 11; 107:4,9, 22; 108.10, 15, 21 2800 87:24 2nd 38:8 3 3 19:13:31:3,8; 37:17 30 58:12, 13; 142:10; 153:22 30(b)(6 3:13; 4:3 30(b)5 3:13 30.000 58:8, 11,12, 16; 61:14 30th 151:1 31st 80:15 35.000 87:23; 89:7; 96:15, 21 4 4 15:22; 35:21, 24; 38:1 4:00 168:11 5 5 39:19,21; 152:9; 163:25; 164:10 50 106:17 5432 16:4 5th 28:24:29:9,22 6 6 43:12,14; 55:11 64,800 87:22 65 44:23:45:8, 10, 13; 55:3; 83:17; 84:12 66 79:9; 122:6,8 67 28:24; 32:15; 39:17 68-69 101:19 69 26:22; 43:16, 20; 44:8; 45:14; 47:7; 48:18; 50:25; 55:3, 13; 86:3; 131:12; 132:1,2,9; 135:10; 138:10, 12 7 7 16:14; 21:20; 48:13, 16; 57:19 7-1 133:6 70 71:21; 157:2; 163:8 71 71:19,141:18; 147:25; 148:1; 157:2 72 153:23 74 165:2 75 45:21; 165:2 76 163:8 8 875:25; 76:1; 122:17 80 72:1 5 8500 155:14 8th 31:4 9 9 80:12, 15 94 106:1 A ability 68:14; 90:11 absorbed 65:19; 118:8 accident 36:3 accidentally 113.2,6 accomplish 83:6 accomplishments 138:14 according 84:12; 111:15 accumulate 31:18; 32:9; 118:22; 124:9; 151:23 accumulated 46:23 accumulating 32:19,25; 33:5,13,18; 53:3; 119:15; 121:7; 150:25; 151:19 accumulation 28:8; 34:1,6, 11; 86:18; 93:3; 119:5 accurate 144:17 accurately 49:1,2; 141:1 acid 46:12; 47:2, 7; 57:20; 58:3; 59:3, 16; 62:18; 161:16 acid-washed 46:25 acknowledge 33:17 acquired 116:20 acronym 72:20 across 79:3 act 13:25; 14:3; 109:19, 25 action 7:20; 49:14; 104:3; 109:18, 25; 110:20; 135:15 actions 42:24, 83:2 actively 5:13; 135:16; 141:22 activity 5:19; 16:21; 17:12; 103:2; 108:8; 136:3; 156:4 actual 157:9 actually 15:17; 66:24; 87:6,18; 90:17; 108:11; 110:22; 113:11; 134:21; 146:3 add 13:14 addition 67:2 address 3:19; 156:7,10 addressed 25:16 addressing 41:3 adjourn 163:2 admit 119:3 adult 35:20 adverse 152:25 advice 10:8 advise 71:5; 151:22; 165:14; 166:5,22 advised 10:9,9,16; 66:12; 88:1 affected 34:18 afraid 17:19; 44:13 afternoons 40:17 again 21:20; 29:8; 33:11; 36:15; 38:4; 39:17; 40:10; 50:17; 62:18; 70:6; 92:18; 106:9; 114:13; 127:1; 134:13; 135:14; 160:14; 164:12; 168:6 against 5:8; 6:13; 7:24; 26:17 agency 163:12 agents ]66:7; 167:1 aggravated 131:20 ago 15:1; 60:12; 142:10 agree 13:18; 49:14;63:7; 163:10; 165:10 agreed 165:15; 166:7, 14, 18, 23; 167:5 agrees 166:12 ahead 38:2; 41:8; 94:5 ain't 154:6 air 69:9; 130:21; 131:19; 132:6, 12; 135:17,25; 136:1, 10; 156:14, 17; 157:5 Alabama 4:12; 14:11; 17:9; 71:14; 110:3; 112:16; 113:9; 115:5; 135:16, 19,20; 136:5, 18, 25; 137:8; 162:9 alarming 140:17 alive 10:3; 23:14, 18, 20; 36:8, 22; 158:4 allegation 94:11 allegations 92:6, 12,14, 17; 93: l; 94:22, 95:13. 23 alleged 24:25; 25:4,6 allotted 62:15 allow 167:22 allowed 60:5:66:10; 154:7 alluding 42:25 almost 13:10,25; 135:4; 161:4 alone 33:2 along 78:9; 87:3; 97:25; 107:1 although 27:17; 54:4; 74:7;90:13; 117:13 always 52:17; 103:6 ambient 161:1 America 35:14 American 125:4 amount 4:9; 28:12; 45:24; 51:17; 52:21; 54:13; 132:23; 158:11 analyses 37:2; 39 9; 41:13 analysis 38:14; 39 7; 41:10, 11; 76:11; 1 10:5; 123:21; 165:11, 15 analytical 69:19; 90:10; 147:6; 151:14; 157:1; 158:9 analyze 98:25; 156:16 analyzed 49:10; 75:13; 122:23,24 analyzer 103:21 analyzing 147:11 And/or 159:19 animal 93:13,20,25; 95:16; 115:23, 23; 140:14, 15; 151:19,24 animals 28:9; 33:14,19; 63:1; 72:9; 92:10; 93:2,7, 10:94:11,23; 122:3, 12, 19; 124:9; 125:12,21; 127:18; 150:25; 151:25 Anniston 3:18; 4:4, I 1; 5:1,9, 10; 7:25; 8:1; 9:18; 10:11; 11:22, 23; 15:12, 13,21,24; 16:1,14,25; 17:6, 10, 11; 18:10; 20:17; 21:23, 24; 22:3; 23:8; 24:1; 25:23; 26:22; 27:14, 15, 21; 29:4, 19; 30:20; 36:21; 37:7; 47:18; 48:18, 22; 50:14,-55:2; 56:13, 18, 19, 63:12, 16; 69:1,2, 3, 5, 10; 71:6, 12, 14; 73:5; 74:11, 17; 75:2; 77:14; 85:7; 105:4, 5; 108:19,22; 109:15; 110:4; 111:5, 10, 17,22:113:16; 115:17; 124:8, 14; 132:7, 12; 133:24; 134:4; 137:9, 15, brown REPORTING, INC. (404) 876-8979 Min-UScript CD $1,000 - .Anniston WATER PCB-SD0000017542 WILLIAM B. PAPAGEORGE, P.E. March 13, 2001 WALTER OWENS, et al. v. MONSANTO COMPANY 22; 141:17, 20; 148:20; 149:7; 151:23; 156:5,6, ' 59:14; 162:22; 168:3 j wered 51:2; 53:12; 731; 89:18; 115:1 anticipated 139:15; HO: 17 anymore 77:5 anywise 171:16 apparently 20:4;-10:13; 54:14 appear 31:17; 32:8 appearance 22:14 applied 11:2; 68:17 apply 130.16 appointed 71:8 appreciable 110:7 appreciate 82:7 approach 22:H approached 70:9 appropriate 78:22; 85:25; 90:3 Approximate 149:14 approximately 58:7 April 151:17 aquatic 31:16 archive -14:7 area 23:9, 16; 60:5; 65:13; 79:20; 82:18; 83:8; 88:2; 91:9; 136:3; 144:7,8 aroas 16:7; 77:24; 82:16, 9 . _,Je 72:10; 134:17 arguing 134:18 argument 33:25 argumentative 17:25; 35:4 Aroclor 16:25:57:23; 58:3, 19; 62:9,16, 17,21; 63:19,20, 20, 21; 64:5, 15; 65:13; 66:4,9; 68:6; 110:7, 12:115:15; 133:2, 5,11, 18; 134:1 1; 140:11, 24; 142:20, 24,143:2, 13, 23; 144:6,8; 145:11; 146:5, 18; 147:2; 148:2; 149:13; 158:22 Aroclors 58:24; 59:5, 22; 61:3, 18;64:3,7, 11; 65:19; 68.11; 128:23; 130:4; 132:17; 134:5; 135:3; 147:1 around 35:14; 36:5; 69:1 I, 23;73:4;77:24; 92:16; 128:7; 133:18; 138:14; 152:21; 153:10; 161:1 arranged 41:22; 75:14, 15 arrive 140:6,20,25; 141.5 3r*.r|e 9.( 3 jo 21,25 7:5 aside 93:17; 158:20 aspect 109:12 assign 71:5; 108:15 assigned 9:24 assignments 70:19 Assistance 109:15 associate 52:20 associated 50:11; 59:17; 71:25; 135:19 assume 8:6; 9:6; 12:2; 16:15; 20:5; 24:19; 28:4; 47:10; 49:16; 50:19; 79:12; 83:5; 104:13; 120:17; 150:8 assumed 104:17 assuming 42:6; 53:10; 123:18; 124:1 assumption 53:23 assured 105:7; 168:7 Atlanta 6:11; 126:17, 22 atmosphere 161:8,9 ATSDR 72:17, 22 attachment 38:22 attachments 38:9 attempt 59:1; 77:20 attempts 156:16; 157:6 attention 131:13; 157:15 attorneys 107:14 attributing 93:6 audit 49:8; 101:19,25; 133:2 Audits 48:23; 49:6 August 110:2,12, 23; 111:13, 14; 138:10 author 16:10; 130:6,8 authorities 90:9 authority 28:15 Automobile 36:3 autopsy 34:25 available 7:18; 64:25; 65:2, 12; 66:20 average 78:5; 86:19 avoid 70:5 avoided 50:9 aware 7:7,22; 11:21; 34:14; 35:18; 43:1; 56:15; 59:19; 60:1; 71:11; 73:2; 74:25; 80:9; 82:24; 88:5; 106:7; 110:2; 115:16; 119:5,8; 121:5,9,19; 122:22; 123:12, 14,20; 126:4; 148:5; 152:7; 158:14; 159:8 away 143:19 awful 119:19; 160:19 AWIC 110:5,22; 112:22 Axe 154:14, 15 B B 3:1; 10:21; 80:16 B-a-S-s 17:9 baby 34:17, 24; 35:19; I 19:16; 121:8 back 7:21; 23:22; 28:4; 29:11,16; 31:12; 32:15; 33:21; 40:23; 44:6, 21,21, 25; 45:2; 47:14,23; 48:9; 55:7; 56:12; 77:13,14; 84:12; 96:12; 105:20; 112:6; 115:13; 134:25; 143:23; 155:5,15; 156:2; 159:13; 166:4 bad 40:19; 154:14,15 balancing 13:25; 14:3 ball 105:9 bank 78:13:83:12 banks 78:20; 83:9 base 5:16, 21 based 4:16; 50:18; 51:6; 53:23; 58:16; 72:11; 73:1; 90:9; 109:18; 119:13; 147:4; 167:14 basin 144:19 basis 78:5; 87:2 Bass 17:19; 18:2; 26:17, 25; 27:6; 113:8, 13; 115:4 Bay 34:12,19,23; 35:2, 13 beagle 127:23 became 34:2; 74:24 become 16:22; 101:12 beg 113:22 began 113:15 begin 108:11 beginning 44:22; 101:20 begun 29:25 behalf 124:7; 128:6; 165:7 behavior 19:24 behind 46:9 beings 94:12; 118:22; 119:6, 15; 121:7; 123:8; 151:24 bell 140:7; 146:22; 164:7 below 30:12; 36:21; 37:7; 38:4;4l:l6; 132:18 Bergen 16:6; 23:18; 109:9; 163:15 besides 37:16; 150:14 best 8:17; 17:11; 23:17; 35.11; 41:12; 47:8; 68:13; 74:12;81:12; 96:10; 97:3; 99:17; 102:6; 105:25; 106:6, 20, 23,25:122:10; 136:15; 137:21,23; 143:11; 153:21 better 36:5; 44:4; 78:23; 128:18; 129:9; 134:2,24; 140:6,20, 25; 141:5 big 98:22 bigger 4:22 Bill 16:22; 102:1); 114:7; 128:4; 135:17, 17, 18,20; 136:1,2, 11, 17 billion 87:23,24,25; 89:1,4,7,25:90:8, 14, 16; 96:15,22 billions 88:23 Bio 124:18; 125:25; 126:3; 139:9, 13; 140:12 bioaccumulate 122:3, 12 bioaccumulating 122:19 biological 31:19; 32:10; 33:2; 34:7; 52:21; 53:4; 54:5,6 biphenyl 62:21 biphenyls 121:13 birds 95:6 bit 4:14; 18:8; 58:13; 60:2; 66:1; 74:2; 75:24; 96:21; 161:16; 162:6 biweekly 86:16, 20 blew 161:14, 15 blows 97:18 bludgeoned 167:17 blue 18:5 bluegills 41:9 bodies 67:25; 68:22; 118:22 body 117:8, 11 both 41:3; 42:22; 43:6; 102:7; 105:4 bottom 31:13:46:11; 59:17,23; 68:8; 83:10; 84:4; 133:12, 18 bought 75:20 boxes 85:21 Boy 140:7 break 42:17; 77:11; 109:3; 115:1 1 breast 119:16,24; 121:8 breathe 63:19; 116:1,5,8 bridge 40:15 briefly 77:14 bring 29:16 broad 24:4 brought 157:14 building 142:20 bunch 153:16,17 Bunky 70:20,21; 136:15 burn 85:19:86:12 business 4:8; 12:4,19; 56:17; 135:5; 137:14, 16 busy 41:15 butter 46:18,20, 24; 47:6 buy 50:7; 51:6; 70:2,9; 75:14 buying 56:25 by-product 57:23 c caged 31:18; 32:9; 36:21 calculated 49:2; 155:22 calculation 57:3 calculations 56:22 California 92:20 call 10:23; 27:9; 47:19; 56:21;64:14, 17; 74:19, 20, 23; 75:3, 10, 11; 77:2; 90:23; 117:5; 133:17,23; 143:9; 144:10,11; 145:6; 168:5 called 47:15; 48:8; 76:22; 145:7, 10; 146:5, 12 calls 120:22; 123:17 came 70:21; 97:2,7; 100:18; 106:18; 162:7; 164:24 can 4:6; 6:1, 3, 4; 8:3,17, 20, 25; 9:22; 11:16,18, 19; 12:25; 14:22; 15:22, 24; 16:8; 17:11,24; 18:1, 19, 21,25; 19:12; 21:8; 22:8; 23:10; 26:20; 34:4; 35:5, 12; 36:5, 6; 37:15; 44:5, 6; 48:1; 49:1, 1; 57:10; 62:23; 72:24;74:12; 77:11; 81:12; 87:18; 90:14; 96:4, 7, 11; 97:3; 100:10; 102:11; 104:3; 108:4,6, 13, 15,24; 109:3; 110:9; 112:5, 10; 114:3,24; 115:20.25; 116:1; 117:3, 13, 14; 120:16, 23; 121:11; 122:5,14; 123:19; 126:13; 127:17; 131:16; 136:15; 137:20; 138:25; 139:23; 140:2; 147:18; 152:2, 18; 153:18,22; 154:12; 156:6: 160:7; 167:13 cancer 165:1; 166:5 cap 67:3 capabilities 4:10, 23 capable 41:3; 103:7 capital 15:21,24,25; 16:8, 13; 20:16 caption 44:17; 171:7 capture 88:15 car 51:7; 103:4 carcinogenic 165:12 carcinogenicity 130:4 care 18.8; 89:6,13; 117:23; 165:24 careful 60:3 carefully 52:7 Carolina 154:22,23,24 carp 41:10 carried 144:11 carry 60:7; 143:14 carrying 157:21 cars 50:8 Carter 56:4 carton 159:6 case 17:7; 24:25; 25:22, 25; 26:3, 4; 119:1; 150:8; 154:14,15,17,22,24; 164:16; 171:14, 17 cases 153:11,16,19; 154:4,5,11 catch 88:11, 13; 142:23; 143:1, 18; 147:1 categories 45:17 cattle 40:1, 16 cause 51:4; 89:4; 118:3: answered - cause (2) Min-U-Script BROWN REPORTING, INC. (404) 876-8979 WATER PCB-SD0000017543 W\ *. l a ./* et ai. v. MONSANTO COMPANY WILLIAM B. PAPAGEORGE, P. March 13, 20( 161:3; 162:1 caused 77:19; 89:14; 165:1; 166:5 causes 58:17 causing 94:15 caustic 29:20; 46:9,9, 14, 15; 47:5; 50:10; 55:22; 56:10, 14,20, 24; 57:7 CCR-A-172 171:21 censured 20:11 Centers 166:21 certain 87:11; 118:14 Certainly 63:9; 79:15; 88:13; 130:1 CERTIFICATE 171:2 certify 171:5, 12 cessation 3:17 cetera 76:13 chairman 80:17; 81:10 chance 29:12 change 78:24;88:18, 18, 20; 130:3; 135:20; 136:18; 104:13 changed 78:22 changes 83:7 channel 145:17; 159:16 channels 144:6 charge 27:9 chart 21:17, 25 chasm 121:1,22 checking 87:15 chemical 13-8; 21:3; 38:7, 15;39:5;41:9; 116:2 .chemicals 37:8, 10; 54:1, 8, 10; 68:17; 70:4; 79:25; 87:16; 11 5:25; 116:4, 13; 117:15 Chemist 151:14 chemists 41:13 chest 160:12; l6l:3; 102:5, 16 chicken 127:23 chickens 140:19 chief 157:21 child 119:24 chlorinated 16:3; 20:19; 21:4,7, 10; 62:21; 121:13 chlorinators 144:1 chlorine 29:19; 45:19, 21, 25; 46:7, 8; 49:7, 8, 18, 22, 50:7, 24; 51:6, 24; 55:22; 56:10, 14,20, 24, 25; 57:7 Choccolocco 30:3; 98:6 Choccolocco-Coosa 1 10:0 cholinesterase 41:16 chose 64:25 chronic 127:13; 140:14 'hronicle 94:3, 21; 95:3 church 25:23 circular 166:16 circumstances 129:18 city 145:9 claimed 25:20 class 109:18,25 clean 11:16,19; 46:10; 47:4; 134:25 cleaned 59:18; 62:20 clear 18:5; 33:25; 38:1 cleared 121:14 client 130:10 close 26:20; 122:14; 126:13; 137:19; 167:16 closer 23:13; 86:19,20, 20 Closest 137:24,25 closing 26:11 closure 22:17;74:2 clothes 64:5 clothing 67:7,10, 11,13 cloud 160:24; 161:20,23 clouds 161:6,6 Clydesdale 89:24 coach 8:13 coaching 8:14 coat 65:24 cold 160:12; 161:3; 162:5, 16 Coley 28:25; 29:1,3,17; 35:25:70:13, 16; 76:18 collect 37:1; 38:13; 39:6; 144:20; 149:13 collected 87:21 coma 117:5,10,12 comfortable 90:12 coming 67:12; 68:10, 22, 22; 88:14; 89:23; 100:6, 20; 101:14 comment 120:23; 122:21; 163:4 comments 92:24; 93:1; 119:8; 152:15, 19; 157:6 Commercial 34:16 Commission 110:3; 112:16; 124:20; 125:8, 11, 15,19, 23; 126:2; 135:21; 136:18; 137:1,2,5,8; 171:21 committee 83:3, 20; 135:22 common 60:10; 133:20; 134:1 communicate 150:19 communicated 119:9; 124:13 communicating 107:8; 111:2; 150:11, 14 communication 167:6 communications 13:13; 163:6; 166:25 community 120:22, 23; 131:4, 14 compacted 84:5,6 Company 121:18 compare 120:4 compared 4:25; 51:5; 139:19 Comparing 96:5 competent 41:13 competitive 51:8 complaining 131:1 complaints 130:21; 131:5,20; 132:6, 12 complete 67:21; 171:10 completion 133:5 complex 107:6 complies 80:23 components 48:24 compounds 31:19; 32:10; 62:22; 63:1 compromise 135:18 conceived 17:14 concentrate 4:21 concentration 893 concentrations 30:2 concern 18:3; 27:13, 25; 30:10; 34:22; 35:1,8, 10, 12,17, 18,19; 37:7; 50:23; 62:21; 82:16; 90:6; 93:24; 109:23; 168:2,6,9 concerned 4:18; 17:11; 32:24; 33:1; 51:15, 20; 52:3; 94:4; 96:14, 21,25; 111:21; 128:22; 129:19; 152:23 concerns 15.12 conclude 98:8 concluded 119:13; 130:7; 147:24; 168:11 conclusion 31:13; 32:1; 35:6,7; 122:7; 130:3,9; 145:8; 165:18 conclusions 20:15,16; 31:12, 24; 32:4; 48:5; 130:16; 140:6, 21,25; 141:5 concrete 143-7,10,25; 144:6, 10; 159:15,21 condition 160:17; 162:6, 8 conduct 113:14 conducted 115:24 Confidential 110:13 confirm 100:3 confirmation 119:20; 151:13 confirmed 119:23; 121:17; 122:8, 11 confluence 30:3 confuse 99:21 confused 88:3 connected 113:25; 114:1 connection 21:5,6, 9,11 consider 32:17; 148:22 consideration 15:22; 43:9 considerations 14:14, 15; 16:19; 21:22; 50:19; 51:23; 52:8______________ considered 163:17 consistent 20:17 constraints 8:18 consultant 107:13 consultants 51:15 consulting 155:7 consuming 151:25 contact 64:11,15; 67:9, 12; 68:10, 22,23; 136:16 contacted 76:12 contacts 6:7; 123:22 contain 117:19 contained 59:5; 159:10; 161:7 containing 119:19 contaminated 151:25 content 29:23 context 32:2 continue 40:7; 97:22; 104:14 continued 32:20; 97:10; 168:5 continues 69:16 continuing 87:14; 105:7 contour 87:3 contract 155:7 contracting 142:1 control 15:21; 16:1,21; 20:19; 52:7; 135:15; 143:19; 149:21; 159:21; 166:22 controlled 4:13 controls 143:20 convictions 152:22 coordinator 104:19; 107:20 copied 30:6; 36:16; 39:17 copy 11:17,19; 31:5; 83:5 Corder 80:16 Corporate 160:1,2 corrected 78:19; 79:14 correctly 24:21; 58:4; 63:5; 82:21; 163:24 correspond 150:1 cost 149:15 counsel 80:24; 171:13, 15 COUNTY 171:3 couple 42:16; 81:4; 163:1,2 course 10:7; 12:4,19; 23:1; 42:2; 56:16; 81:10; 105:6 cousin 37:21 cover 36:6; 38:12, 16; 39:5:66:22, 23:67:24; 77:25;79:3; 84:17 covered 17:9; 75:17; 157:14 covering 79:22; 87:1 covers 64:9 create 13:15; 52:5; 82:18 created 88:7; 161:6 creates 46:10,17 creature 28:13 creatures 34:20; 89:16 Creek 16:2; 30:2,3; 31:15, 17; 32:8, 18; 40:1, 16, 17, 19; 59:25; 60:2, 6, 9, 14, 20, 23:98:6,6; 133:4; 134:10, 14, 16, 22 Crestview 156:11 Crockett 137.10 Crockett's 110:25 cross 163:1 CROSS-EXAMINATION 3:4,8:19 crushed 59:15 curiosity 72:16; 75:18 current 72:19; 142:12 customer 162:12 customers 3:21; 4:20; 5:15:71:18,24 cut 155:15; 156.2 D D 140:11 daily 86:16, 20 damage 51:5; 117:15 data 41:16; 49:1; 90:11; 91:4,7:97:23 date 28:23; 39:11; 43:19; 46:24; 122:13; 131:25 dated 29:9; 31:4; 38:7; 39:16; 48:17; 76:3; 80:15; 109:7; 110:12; 138:10; 149:2, 25; 151:1; 156:24 dates 8:5; 150:1,4 David 44:6; 155:2 day 58:9, l6;6l:14; 69:16; 72:4, 10; 77:21,22, 25; 119:18, 21,22, 23,25; 144:9; 171:18,22 days 29:4; 47:14,23; 55:7; 77:14; 78:1,7; 149:6, 19 DDD 37:18; 38:5 DDE 37:18, 24,25:38:3, 5; 54:2 DDT 37:18, 24,25; 38:3. 5; 54:2; 94:15; 112:23; 1 13:1, 16 dead 34:24; 36:8,21; 37:2; 38:13; 39:6; 41:14; 70:16; 74:14 deal 66:16 dealings 137:7 Dealt 138:1 death 34:11, 13,14; 1 18:4, 16 deaths 34:21 decades 44:25; 45:3 December 76:4,4; 83:12; 86:3; 111:14; 122:17 decide 49:21; 107:22 DROWN REPORTING, INC. (404) 876-8979 Min-U-Script (3) caused - decide WATER_PCB-SD0000017544 WILLIAM B. PAPAGEORGE, P.E. March 13, 2001 WALTER OWENS, et aL v. MONSANTO COMPANY decided 90:3 'iding 10:21 ision '1:16, 21; 5:9, 22; 9:17, 18,21,21; 10:5; 1 1:21,23; 12:5, 14,21; 13:1,3,1,7, 18, 20,22, 23; 11:16; 15:12; 16:7,8, 21; 21:12; 22:3, 23:23:8, 21; 21:2, 10; 39:17; 50:21; 51:6, 23; 55:21,21; 56:1, 9, 13. 19; 57:6, 13 decisions 51:10 deduce 131:3 Deductions 131:2 deeper 81:17 defense 151:20 deferred 111:13 define 7:16; 9:8; 57:11 defining 106:9,11 Definitely 5:11; 160:8; 163:13 definition 6:5 defunct 17:19, 22 degree 61:22 delayed 112:2 delete 13:11 delighted 18:12 delineates 72:18 delivered 79:1 delta 15:23 'nial 160:3 lying 160:2 uenzel 30:22; 38:17 Department 5:7;6:13; 17:5,20; 18:5,9; 27:10; 13:15, 17, 21; 18:17; 19:7, 8; 57:20; 58:1, 2, 7; 61:11, 13; 62:15, 16, 17,20; 66:20; 68:6; 100:25; 131:11; 133:3; 135:6; 111:22; 115:17; 119:13, 11; 151:11; 162:18 Department's 17:16; 12:25; 131:3 Departmental 18:23; 19:6 Departments 16:21; 17:18; 19:15, 23; 18:25 depending 67:25; 86:17 depends 6:6; 28:12; 99:1; 118:10; 130:5 deposed 1:2 deposited 18:7,9 deposition 3:11, 11; 21:20,21;66:19; 87:19; 168:11 depositions 1:1; 21:18, 23; 65:7; 153:21; 157:13; 160:10; 163:5; 161:6 deposits 133 5; 131:10 depth 79:1 :cribe 13:21; 60:1; .21; 68:3; 115:11; 156:6 described 5:16; 83:1 5, 1 5; 108:9; 130:7; 113:22; 111:1,5; 115:20; 118:19; 157:25 describing 15:1 description 130:9 designates 22:19 desire 159:11, 21 Destroy 110:13 detail 118:8 details 76:12 determine 32:18; 56:23; 88:21; 91:11; 99:9,14; , 100:6; 102:22; 103:11; 101:15,22; 107:25; 125:20 determined 63:1; 72:1, 5; 115:22; 122:1; 158:6 developed 60:12; 91:16, 19; 139:17 developing 160:12 developments 72:15 device 113:18; 117:8 dibenzofurans 158:7 dictate 16:19; 21:22 die 117:10; 127:18 died 30:16 differ 130:17; 155:21 differences 16:13 different 21:3; 22:11, 11; 37:23, 21;15:17, 17;81:I; 117:3,3; 129:16,21; 135:21; 112:13; 157:16; 158:25; 162:12 differently 67:1 difficult 13:21; 22:5 difficulties 112:2,1 difficulty 9:2; 112:11; 112:11 dig 163:21; 161:6, 17, 22 digging 87:3; 112:5; 152:23 dioxide 132:10 directed 59:11 directing 79:21 direction 171:9 directly 117:1 Director 151:11 directs 111:7 dirt 69:9; 79:23; 81:3, 21 disagreed 167:1 disagrees 167:8 disappointed 157:15 disciplined 20:12 discuss 19:12; 120:17; 137:13 discussed 22:1; 57:15; 62:15; 87:20; 92:22; 116:16; 110:5 discusses 15:19 discussing 11:14 Discussion 15:7; 20:21, 23; 21:12; 31 ' 1; 1 11:9; 121:21; 129:5; 136:22; 137:16; 139:8, 12, 16; 111:4; 155:4; 157:3; 167:20 discussions 25:11; 70:25; 100:23; 101:3,8; 136:5, 14 Disease 166:21 dismantle 22:13 . dismantling 23:3,5 dispersion 131:22 disposal 168:7 ' dispose 75:15 disposed 69:23 distribution 158:15 ditch 59:24; 60:1, 13,20; 61:5,6; 62:1,12; 87:21; 90:17; 98:21; 134:20; 1439,10,10; 144:4 ditches 98:17; 144:10 division 62:14; 138:11, 14 division's 56:3 Doctors 166:7 document 12:1,13; 16:10; 28:11; 29:8,9, 12; 31:5,21;39:18; 40:11; 48:22; 49:4, 24; 55:9; 59:7, 11, 12; 80:15, 19;81:23; 82:1, 11; 87:18; 101:17; 102:7, 12; 109:7; 117:1; 1 19:17; 138:8, 10; 140:11; 149:2; 151:1; 153:6; 166:13, 19 documented 14:4; 28:9; 55:20; 149:18 documenting 51:16 documents 10:19; 12:2, 6,8,9; 13:16; 29:22; 51:13, 19; 52:25; 54:15, 24; 55:3, 4, 18,20; 59:20; 101:18,25; 109:3; 138:17; 151:2; 153:9 dogs 127:23 dollar 13:19 dollars 13:9 done 4:5; 17:13; 68:5; 80:5,6; 83:18; 127:5,25; 128:4,7; 147:25; 156:14; 167:4 Donnovan 165:5; 166:7; 167:5 dot 163:1 doubt 41:10 down 4:4, 17; 9:18; 10:10, 11, 17, 20,22; 11:22, 24; 12:14, 15; 13:2, 19; 15:13; 16:25; 22:3; 23:8, 25; 24:1; 36:5; 38:3; 49:9,17, 18,21; 50:24; 51:24; 52:5; 55:21; 56:10, 14, 19, 24; 57:7; 79:25; 88:14; 89:23, 25;97:21; 111:10, 17,22, 23; 133:10; 134:6,8,22; 135:14; 144:8; 146:6; 148:3; 171:6 downhill 91:8; 97:11,22; 105:21; 106:2, 21; 107:5, 22, 24; 108:22 downstream 5:8; 18:10; 27:15; 30:19; 31:18; 32:9; 36:7; 41:14; 50:13; 51:16, 17; 60:16; 62:2; 98:5, 11; 111:5; 113:16; 147:14 Dr 39:24; 41:3; 42:4; 52:17; 54:1; 92:19, 21; 93:10,19,22;94:14, 14; 95:13,13; 119:12,19; 120:15, 15, 17; 121:6; 123:24; 152:15,19; 164:24; 165:5, 5,6,11,15, 17; 166:8,9, 12, 14, 17, 20, 23; 167:2,4,5,5,8 drain 60:5 drainage 59:24; 60:1, 13, 19; 61:5,6; 62:1,12; 79:16, 17,18; 83:6; 134:20 drains 144:11 dream 114:14 drew 161:11 Drinker 127:9 drinking 40:1,16 drop 121:2; 132:22 dropped 17:12; 105:8 dropping 120:25 drum 80:4 drumming 103:4 drums 47:9; 78:12, 17, 19, 25; 79:23; 80:2; 83:8, 11,25:84:1,4 Dry 40:1, 16; 97:17; 98:17;99:5 DSW 29:9; 131:13 due 38:6; 41:25; 52:23; 54:5, 9; 61:10; 62:20; 120:24; 165:19 duly 3:2 dump 47:15, 16, 19, 23; 48:3, 5; 78:10; 80:18,20; 81:2, 6; 82:15, 17, 18; 83:3,6,8,9, 19; 85:2; 90:22; 91:8; 97:8; 108:23; 168:4 dumps 48:8; 83:14 during 10:13; 26:25; 55:14; 65:13; 69:1; 85:6; 100:16; 102:21; 103:1; 104:18,21; 105:23; 113:12; 124:10; 131:20; 133:3; 137:8; 161:17 Durland 148:12 dying 35:25; 40:1 E E 48:19; 76:11; 87:8 earlier 12:11;31:15;43:4; 82:25; 83:15, 16; 84:12; 116:16; 117:25; 139:20; 160:9; 163:5; 164:5 early 26:19; 78:16; 122:14,20; 126:13; 127:13; 128:22; 141:18; 148:1; 155:16, 16; 156:25; 160:10, 15; 162:14 easier 16:5 east 49:10; 58:18 eat 116:1 economic 51:6 economics 4:14 Eddie 124:23 effect 5:9; 25:17; 30:1; 115:22; 140:18 effective 88:14; 99:13, 20 effectively 99:8 effects 24:25; 25:3; 26:2, 7; 33:2; 34:7,8, 10; 52:21; 53:4; 54:5,6; 63:1; 72:3,8; 90:13:91:13, 14, 23;92:2. 7,7,9,18; 93:2,3; 94:11; 95:3; 118:4; 124:25; 125:9,12,13,16,20 effluent 62:1; 89:22,22; 90:3,7; 98:4; 102:17; 147:15; 148:17; 149:14 effluents 149:21 effort 55:11:68:21; 79:17,21; 102:21; 103:14, 17, 22, 24, 25; 104:14 efforts 105:8 egging 71:4 eggshells 140:19 either 4:10; 10:20; 11:21; 42:14;54:22; 58:12; 93:22, 25, 94:23; 95:16; I 17:7; 125:2, 20; 126:18; 133:16, 22; 136:6 Electric 1393 eliminate 83:4 else 7:1; 12:20; 20:20; 23:9, 24; 24:1,7,9; 28:12: 124:6; 126:3; 127:5,7; 128:10; 135:3; 154:8; 166:20 eminently 8:13 emission 147:2 emissions 147:9 Emmet 151:10 employ 171:15 employee 66:9; 157:19; 166:10 employees 65:3, 18; 66:3,4, 12, 21; 67:4 empty 13:23, 24 enclosing 38:21; 39:9 end 5:4; 22:13; 26:22; 66:4, 5; 107:2; 108:17; 117:7; 123:10; 142:19; 144:9; 149:12 ended 61:20, 24;62:9, 11; 98:4; 117:10 ending 100:7; 101:13; 130:14 endocrine 124:25; 125:8, 12, 13 endocrinological 124:21 ends 103:8 decided - ends (4) Min-U-Script BROWN REPORTING, INC. (404) 876-8979 WATER PCB-SD0000017545 vVAi;cK *;\V'ENS, et al. v. MONSANTO COMPANY WILLIAM B. PAPAGEORGE, P. March 13, 20( engineers 27:10 England 121:18 enough 4:2; 13:15; 96:25; 98:21; 107:2 enriched 103:9 ensued 15:7; 31:1; 124:24; 155:4; 157:3; 167:20 entire 31:11; 82:1; 133:14 entirely 130:5 entities 128:5 entitled 15:22; 16:15; 80:19; 82:14; 109:8; 110:12, 20; 138:10; 163:15 entrapper 97:12 environment 31:16; 50:13; 54:19; 69:4,7,8, 1 1,81:18 environmental 33:7,10; 50:19; 51:23; 71:25; 101:11 EPA 6:1 1; 7:13; 166:21 equal 4:9 equipment 116:14; 146:10 Escambia 34:12,19, 23; 35:2,13 escape 148:7 escaped 59:23; 61:4; 133:23; 134:6; 142:23 escapes 81:15 escaping 143:1; 147:1, 13 especially 41:15 essence 140:13 essentially 46:21; 142:7 establish 127:17 estimate 78:6 estimates 15:25 et 76:13 evaluate 14:13; 42:4; 100:14 evaluating 10:20; 14:5 evaluation 116:3; 129:3; 133:14; 167:15 even 33:19, 60:22; 69:16; 72:20; 84:20; 118:16 event 61:1, 65:11,118:7; 162:11 eventually 33:19, 24; 3-i 2; 41:4; 48:8; 59:24; 60:13; 61:25; 128:8; I i8:21 everybody 38:20; 163:6 everywhere 1637 evidence 88:16, 19; I 17:14; 140:17; 171:11 evidently 112:18 exactly 53:20 examined 3:2 example 14:6; 18:4; 64:1; 1 16:5; 117:12; 158:21 except 37:11 Excluding 38:9 excuse 3:13 Exhibit 14:25; 15:2; 24:12; 28:18; 31:3,8, 35:21;39:21;43:12, 14; 48:13,16; 55:10; 57:19; 75:25; 76:1; 80:11, 12,14; 87:19; 109:7; 111:11; 122:17; 131:8, 11; 135:12; 138:6; 140:8; 148:9,24; 149:8; 150:21,23; 152:10, 12 exhibits 52:19; 109:4 existence 43:23,25 exists 82:15; 83:21 expect 14:4; 56:17; 91:13,15; 107:4,4 expected 14:13; 100:4; 104:13; 141:25 experience 13:3; 59:21; 90:10; 162:16 experiencing 91:5 expires 171:21 expose 46:11 exposed 28:13; 89:16; 161:2,7 exposure 28:13; 64:7; 118:10,11; 125:9,13; 127:14; 139:20; 160:11, 16 express 93:24 expression 60:2,4,9; 134:14 extended 104:9 extending 103:7 extensive 83:7 extensively 24:17 extent 99:14 extremes 103:9 F F 48:20 face 18:6 facilities 4:4, 17; 115:15; 159:15, 18, 19 facility 8:1;9:18; 13:19; 15:13; 17:6; 18:11;60:4; 132:7, 13; 143:14,23; 146:18; 147:2 fact 5:22; 15: II; 33:4; 52:4; 56:23; 57:2, 5; 59:23; 61:2,4, 10; 69:21; 70:16; 71:17; 98:16; 121:7, 17; 122:2; 128:22; 149:6; 166:25 factor 15:12:50:16 factors 51:22 fair 98:25; 120:6,7; 163:7; 164:9 fairly 28:9 fairness 38:19; 72:6; 109:10; 164:13 familiar 3:20; 8:10; 72:20; 144:13 family 119:14 9; 115:1; 119:2; 124:19; 19; 96:15; 98:10; 105:18 fancy 44:7 far 4:18; 17:10; 27:3; 44:21;91:10; 97:14; 126:9; 127:5; 165:17 129:20; 133:21; 134:5, 135:25; 138:22,23; 141:1; 144:13; 149:7 firsthand 57:2,6,11 113:5, 15; 119:13; 132:1 133.16; 156:17; 158.12 Francisco 94:3, 2l;95 Frankly 53:5; 59:20 fast 147:21 fat 122:3, 23, 24 favor 141:7 favorable 139:14; 140:16 faxes 150:10 fish 17:9; 28:8; 33:5,14, 18; 36:7,8,21; 37:2; 38:14; 39:7; 40:14, 19; 41:14; 51:16,17; 53:3; 54:13, 17, 18, 19, 22; 69:9; 110:5,8; 111:5; 113:16 free 50:4; 132:17; 133:1 163:6 frequency 99:4 Friday 40:17 front 47:20; 102:9 FDA 25:11; 110:4,22,22, Fisher 154:17 fruition 108:11 23; 111:3, 20;112:9,15, 20; 113:14, 14; 115:4; 152:8; 166:21 feature 139:19 February 3:14; 31:4; 48:17 Federal 5:23; 17:20; 34:16; 166:6, 20; 167:1,7, 9 feed 127.17 feeding 127:22, 23 Feel 50:4; 78:3; 82:3; 90:11; 123:14 feeling 160:11; 162:15 feet 64:10; 84:15,18,21, 22 Fisheries 34:17 fishermen 113:9; 115:5 fishes 31:18; 32:9,19, 25; 63:2 fit 19:23 fits 122:20 five 48:2; 138:22, 23 flat-out 124:2 flesh 110:5 floor 143:8 flow 21:17, 25; 48:25; 79:24; 161:1 flowed 58:20; 60:13 flows 51:8 flying 9:5 frustration 152:16 fugitive 141:17 Fuhrmeister 27:7, 12; 28:22; 29:21; 41.2, 22; 50:21; 81:13 full 99:14 FULTON 171:3 fumes 116:5; 131:23; 132:10; 160:19 funds 160:1 furan-free 159:10 furans 159:10 furnish 158:20 furnished 110:4 furnishing 110:23 felt 41:2; 79:22; 90:12 fence 22:9; 75:23; 103:5 Ferguson 30:22; 35:24; 38:17; 39:24, 24; 40:18; focus 149:10 focused 32:6 folks 51:20; 128:8; 133:10; 160:2 further 37:23;41:1; 134:22; 171:12 future 25:21 41:3, 21; 42:4; 50:21,22; 52:17; 54:1 follow 74:8; 104:18,21, 25 G few 82:12; 83:13; 130:19; 153:9 figure 97:1 file 5:7 filed 7:10, 24; 17:8; 26:17, 18, 25 fill 87:12 filled 163:25 finally 108:21; 141:16, 25; 142:2 find 22:5:32:24; 37:15; 44:7; 65:6; 91:7, 9, 11; 103:7; 105:11; 106:3; 135:2; 152:21 finding 51:15; 53:6; 74:14; 111:4; 151:2 findings 38:22; 39:10; 76:10; 119:21; 121:5; 122:17; 151:14; 166:8, 14, 23; 167:2,6 fine 53:24;73:25; 154:12 finish 52:12; 81:1 finished 6:24 firm 125:24; 152:22; 155:7 first 3:2,15; 4:3; 7:22; 24:24; 29:15; 31:13,23; 32:7; 34:10; 36:15, 18; 43:22; 44:3; 55:19; 70:11; 71:23; 753; 77:6; 79:5,8; followed 7:10; 70:20; 104:14; 116:19 following 37:14; 127:21 follows 3:3 followup 73:1 food 151:25 force 4:24;80:17, 17, 18, 20; 81:1,5, 9, 17; 833, 19, 20 foregoing 171:5, 9 forget 3:7; 26:9; 34:16; 56:5 forgotten 42:11 forklift 79:1 form 5:25; 6:15; 7:14; 8:2; 14:17; 15:14; 18:22, 24; 30:13; 33:8; 35:3; 50:15; 51:25; 57:8; 59:6; 68:12; 69:6; 91:1; 94:5; 99:16; 100:9; 102:3; 108:2; I 15:19; 116:22; 118:5; 121:10; 122:4; 129:1, 10, 23; 134:7; 142:6, 24; 147:17; 152:1; 160:6; 167:11 former 107:14,19, 20 forth 24:11; 56:13;69:13; 72:1 1 forward 108:20 found 32:23:34:17,24; G 48:19; 76:11 gas 40:14 gather 98:24; 163:24 gave 24:24; 41:8; 67:20; 68:20; 71:24 gee 166:12 Gene 28:25; 29:1,3, 16, 35:25; 70:13, 16; 136:15 general 9:23; 21:12, 13, 14; 22:12, 15; 63:12; 67:23; 76:7; 110:15; 139:3 generally 124:18, 130:12 generate 50:8 generated 72.3 generating 71:10 generators 161:13, 16 GEORGIA 171:3 gets 98:1 given 24:23;35:1 1; 42:12; 46:8; 54:25; 96:1; 159:23; 171:11 gives 15:25 globule 132:22 globules 132:17, 19, 20, 21, 133:16, 22 gloves 64:2; 117:24 goals 87:1 God 29:5 82:13, 21, 22; 83:21; 36:20; 37:17; 54:2; 62:22; goes 44.25; 109:21; 100:3; 101:14, 22; 109:7, I 75:12, 14; 93:10. 12, 14, I 146:2 imowv um*onriNa, IN'CL (4r>4) 876-8979 Min-TJ-Scrlpt (5) engineers - goes WATER PCB-SD0000017546 WILLIAM B. PAPAGEORGE, P.E. March 13, 2001 WALTER OWENS, et al v. MONSANTO COMPANY good 39:3; 44:10; 51:13; 60:24; 68:3; 69; 15; 71:9; ~ 21; 78:6; 87:13; 88:11; 3. 12; 98:7; 108:25; i i 3:10, 11,20; 117:12; 14 5:19; 152:20; 167:14 Gordon 165:5; 166:7; I 67:4 Government 5:23; 6:8; 7-9, 12, 19; 17:20; 92:1; 126:21,22; 1631 I; 165:14; 166:6, 10,21; 167:1,7, 10 government's 7:23 governmental 90:9; 131:5, 14; 136:6 Grade 59:2 grammar 125:4 group 4:24; 5:20; 14:8, 9, 1 1,81:7, 18 groups 4:15; 14:7 guess 15:1; 29:15; 30:17; 34:22; 35:25:39:23; 44:20; 66:17; 86:22; 94:24; 98:22; 101:19; 113:10, 25; 114:7, 15; 115:9; 143:16; 146:15; 164:2 guessing 113:24 guidelines 42:11 Gunning 50:23 guy's 158:1 "vs 106:18; 143:22; 12 H half 4:8; 99:5 hand 29:6 handle 87:4 handling 64:2; 116:13 hands 157:13; 164:24 happen 13:15; 18:4; 104:17; 152:17; I6l:4 happened 47:6;71:23; 100:15; 123:18; 158:3 happening 70:6 hard 25:22; 97:21, 23; 133:25; 144:25 hardly 161:18 harm 89:15: 116:12; 152:20 harmful 92:18,93:25; 94:22:95:16 hatchability 140:18 hazardous 163:16 hazards 28:7; 82:19 HCL 57:20, 20; 58:1,7; 59:1:61:1 1, 13:62:4,5; 133:3; 145:10 head -12:21;67:5: 100:24 h--ith 24:25;25:3,8, 16; 7; 28:15; 34:8; 91:23; 3- -,6,7,9:93:2, 2; 94:11;95:17 hear 8:21; 74:16; 77:5; 107:2; 114:25 heard 23:15:69:22; 74:10; 75:2; 116:23; 126:7; 158:8 hearing 27:3; 77:4; 171:12 heavy 97:13 held 10:24; 11:2,4; 20:17; 29:22; 139:6 Helms 155:8 help 44:18; 50:1,5; 75:24; 76:15,23; 106:9,11; 115:24; 120:19; 124:22 helped 66:1 helps 82:8; 112:18; 116:3 heptachlorepoxide 38:3,5 Here's 44:9 hereby 171:5 hesitate 48:4; 68:15; 158:18 hesitation 61:9 high 58:L4; 98:11,12; 131:21 higher 42:15 highly 97:19 Highway 40:15; 89:24 Hill 25:25; 26.1, 3,48:10; 87:19 himself 10:6; 119:14 hint 35:9,11 hints 126:18 hired 30:18 history 133:21; 134:3 HL 94:16 Hodges 56:5 hog 74:14, 16;76:10; 77:4; 122:16 hogs 69:9,20, 22; 70:2,5, 10; 73:3, 20; 74:10; 75:2, 12, 15,19,21 Hold 18:19; 66:25; 150:18 hole 83:10; 84:5 holes 80:2 home 156:13 Homer 56:4 homework 16:7 honest 81:25; 106:12 honestly 30:14 honesty 126:11 hook 51:9 hope 37:1; 38:13; 39:6 hoped 128:24; 129:7; 139:14; 140:16 hot 16:22 hour 99:5 hours 99:6 How's 105:5 Howard 10:2; 16:6; 23:18; 109:9; 163:15 human 24:25; 25:3, 8, 16; 26:1,7; 93:25; 94:1 1; 95:16; 116:21; 118:22; 119:6,15; 121:7; 122:23; 123:5,8; 151:24 humanly 147:21 humans 33:19; 72:8; 92:9, 10; 93:3,7; 94:23; 95:5; 124:9; 125:9,17,20 humidity 131:22 Hundreds 98:14 hungry 73:21 hydrochloric 57:20; 58:3;59:2,15;62:18; 161:16 hygiene 107:18, 20 I I'S 163:1 i.e 51:22;59:22;6l:2,18; 129:6; 131:21; 167:7 IBT 127:5, 25; 128:5,10, 13,16, 23:129:8,15,21; 130:3; 141:4 idea 65:24;70:1; 87:13; 88:11;97:3 identification 15:3; 28:19; 31:9; 35:22; 39:22; 43:13; 48:14;76:2; 80:13; 109:5; 131:9; 135:13; 138:7; 140:9; 148:10,25; 150:22; 152:11 identified 54:8 identify 11:19; 44:18; 48:24 ifs 167:12 II 140:12 Illinois 14:10; 16:20 immediate 30:5; 83:2 immediately 30:1; 66:10; 147:15, 19, 20 imminent 17:1,4, 20 impact 50:23 impermeable 64:2,10, 18 imply 53:5; 147:20 important 5:16, 20; 26:8; 33:11 impose 152:8 imposed 152:25 impossible 161:4 impression 75:22; 126:8 impressions 41:5 improbable 97:19 improper 96:6; 163:11 improperly 19:20 Improvement 110:3; 112:16; 135:20; 136:18, 25; 137:8 in-depth 92:22 inches 87:3 incident 65:15; 152:4; 157:17,24 incinerator 84:25; 85:1, 1; 86:13 include 75:4; 87:1; 162:11 included 13:9; 53:25; 86:10; 101:11 includes 39:10; 54:7 Including 50:12; 65:3; 118:4 incompetent 20:7,12 incomplete 163:11 incorrect 17:23; 53:22, 23 indemnification 3:22 indemnity 24:15 indentation 144:5 Indiana 167:22,24 indicate 51:14,19 indicated 6:8; 156:19; 160:9; 165:10, 12 indicates 16:21; 47:1 indicating 45:1; 110:7; 112:17; 166:13; 167:24 indication 7:23 indicator 134:24; 135:2 individual 7:8; 81:12; 86:8,9; 100.24; 141:11 individuals 70:22; 105:3 industrial 107:17,19; 116:2,4,13; 124:18; 125:24; 126:3; 139:9, 13: 140:12 Industries 135:19 industry 17:9; 135:21; 136:19, 20, 24; 137:2,4 influence 7:9,12 informal 25:10 information 7:18; 34:6; 54:12:69:15, 17;71:9, 10; 77:9; 96:23:98:7,22, 24; 99:10; 103:6; 116:11; 121:9, 13; 139:17; 163:11 informed 73:6; 149:19 informing 110:3; 112:15 ingest 66:13; 116:7 ingested 116:19; 118:8 ingestion 115:18; 151:20 inhalant 116:9 inhalation 115:17 inhale 117:19 inhaled 116:19; 118:8 inhaling 117:23 initially 128:24 injured 25:20,21 inspection 133:4; 134:9 install 13:7; 149:12 installed 141:16; 142:3 instance 59:13; 64:22; 132:24 instances 64:13 institute 99:12 instituted 99:20; 108:20 instruct71:13; 100:17; 111:25; 113:18 instructing 120:9,11 instruction 114:16, 22 instructions 63:15,18. 25; 68:21; 114:18; 162:1 I instrument 157:1 intend 40:10 intended 63:25; 142:25 intending 152:8 intent 103:5 intentional 58:22;6l:16 intentionally 18:16; 193; 59:4 interest 110:25; 121:1; 153:1 interested 171:16 interfere 12:23 interference 130:10 interpret 100:1; 119:18; 138:2 interpretation 153:2,5; 167:8 interpreting 107:8 interview 40:13 into 27:14;30:1;41:1; 50:13; 51:8; 58:20; 59:24, 24; 60:13; 61:5; 62:1,5, 12; 67:12; 68:22, 23; 70: l, 98:20,117:4,8,10,11; 120:25; 121:2, 23; 131:18; 142:1,8; 143:14; 144:12; 145:4; 154:6; 161:11, 12, 13; 167:18 introduced 135:20 invariably 105:4 investigate 30:1, 19 investigating 32:17; 112:21; 113:15 investigation 111:4,20; 112:9; 113:14,-115:4 investigations 12:7 involve 19:21 involved 25:23; 29:18; 49:16; 51:10; 56:9; 68:1; 70:24; 1 11:3; 123:21; 126:5,9; 140:23; 141:11; 162:3 involvement 43:1; 57:13; 106:14, 17 Involving 25:1 irresponsible 5:19, 21; 6:5; 129:15,25; 130:2; 163:12 irritant 117:4 issue 3:22; 5:15; 22:16, 17,25:24:15; 76:16; 108:14 issued 8:22;64:1, 5, 9, 13; 67:8 Item 15:22; 19:13:45:20; 83:3; 87:8; 149:11 items 26:12; 135:25 J J 80:16; 148:12 good-J (6) Min-U-Script BROWN REPORTING, INC. (404) 876-8979 WATER PCB-SD0000017547 AALi OV/EN-j, et al. v. MONSANTO COMPANY WILLIAM B. PAPAGEORGE, P.E March 13, 200" James 16:12 January 28:24; 29:9, 22; 30:11; 43:15, 20; 44:8; 16:14; 55:13; 139:1 Japan 150.14 Japanese 148:6,12,15; 1 19:20 jars 158:23, 24 jelly 158:21 Jensen 95:13; 119:8,12; 120:15; 121:6 Jensen's 119:19 Jere 11:11; 18:18; 44:3; I 14:13 job 43:5; 66:10; 67:9, 25; 71:23; 74:7; 76:8; 139:2 Joe 137:10 joined 60:14;62:8 JRS 16:9,9 Judge 19:12; 20:9 judgment 5:17; 154:19 July 109:8 jump 3:25; 121:23 jumped 145:8 jumping 48:4 June 45:12,13; 135:8, 10 Justice 5:7; 6:13; 17:4, 20; 18:9; 42:25 justify 15:20 juvenile 34:15 K keep 14:8,9, 10; 20:2,3; 21:24; 67:4, 11; 75:16, 21; 117:19, 25; 145:25 Kelly 151:10 Kelly's 152:15, 19 kept 72:7, 14; 73:4; 75:19; 153:21 Kettering 127:12 kicked 115:4 killed 135:23 killing 34:23; 35:1, 12 kills 40:15 Kimbrough 164:24; 105:6, 17; 166:9, 12, 17, IK, 20; 167:5 Kimbrough's 165:11, 15; 166:8, 14, 23; 167:2,8 kin 171:13 kind 18:4, 57:15; 68:2; 71:1;72:4;88:2; 90:19; 101:13, 15; 105:19; 108:8; 1 16:11; 130:17; 137:14; 156:20; 158:17; 161:20; 166:15 kinds 25:10; 93:20; 117:15 knew 5:18; 28:4; 59:5; 69:21; 92:1; 116:17; 117:6; 118:2,21; 150:25; 168:2 knowing 44:25 layer 46:11 knowledge 7:22; 20:14; 22:19, 20, 25; 23:9,17; 57:2,6,11; 72:19; 99:18; 106:1,6,19, 20, 23,25; 109:12; 124:15; 125:14, 22; 128:11, 12; 129:13; 147:4 lead 31:5; 118:15 leading 98:20 leads 82:8; 98:7 leakage 82:17 leaked 80:2 leaking 80:4, 6 knowledgeable 23:4; leaks 62:19; 149:13 42:12; 101:12 learn 162:14 known 89:3, 24; 116:12 learned 147:12 Krummrich 4:22; 109:22; 111:23; 162:24 learning 87:15; 101:23; 103:2, 11,20; 107:7 least 5:22; 14:4; 30:10; L 52:19; 59:3;77:22;83:14; 121:5 L 80:16 L-a-n-d-w-e-h-r 101:2 Lab 41:9 label 162:11 labels 116:4; 117:18 labor 4:14; 14:7,8,9, 11 laboratories 123:22; 125:25; 126:21; 128:16 laboratory 27:10; 34:15, 16, 17; 35:19; 41:22; 99:24; 126:16, 19; 158:24 lack 82:17 lacking 69:16 landfill 47:10, 11, 17; 73:5; 74:14; 77:16, 23; 78:10; 79:17, 18; 80:7; 81:8; 88:2,6, 12; 89:8; 90:7, 22; 96:16, 22; 97:2, 8; 99:15; 100:7, 19, 19, 20, 22; 102:2, 18, 19, 23, 24; 103:15; 104:9, 10, 16, 24; 105:12; 107:5, 23,23,25; 108:1; 167:23; 168:4 landfilled 47:9; 167:25 Landwehr 101:2 leaving 29:24; 30:11; 61:13; 62:11; 98:18 led 53:22; 111:22; 131:18 left 4:9; 13:23; 61:25; 71:12; 73:6; 75:22;81:3; 82:24; 83:12; 86:3,5; 99:15; 100:19; 101:5,6,7; 102:1; 104:6,8; 108:1; 166:11 legal 16:18, 25; 17:3.12, 16, 18, 22; 18:5; 42:24; 111:16,21; 151:7 Legal/PR 16:15 legal/public 21:21 leggings 67:24 leghorn 140:19 Legislative 135:15,25 Legislature 135:16,18 less 108:16; 113:5; 164:16 letter 28:21; 38:7,12,16, 20, 23; 39:5; 44:11; 54:11; 148:11; 149:20; 151:10; 166:17 level 42:13; 90:2; 91:6; 115:22; 118:10 large 13:20, 22 larger 14:1; 132:23 Larry 3:10; 8:9, 24; 12:24; 15:16; 18:13; 28:20; 38:19; 73:20; 110:18; 113:20; 125:6; 134:8; 164:12 last 1 1:6; 21:17; 23:15; 31:14, 23; 32:6,6; 36:19, 25; 39:9; 40:6; 77:6; 85:4; 119:3; 127:19; 149:2; 155:16, 21; 156:2, 21,23 Late 26:19, 19; 137:19 later 19:12; 43:4; 50:22; 70:21; 91:20; 94:14; 104:21; 122:9; 149:6; 164:22 levels 30:5; 42:3,6,6; 98:11, 13; 110:7; 127:17 Levinkus 165:4 liability 82:20 library 13:15 life 31:16; 93:20,25 lifetime 127:19,21 likely 77:1 Likewise 136:17 lime 1 <51:18 limestone 49:10; 58:18; 61 .-3,21,25,25; 62:6; 89:23; 142:14; 143:3; 145:5; 146:3,6, 19; 147:7, 22 limit 95:14; 152:8, 25 launder 64:6 limited 103:2; 134:16 Law 16:23; 19:15; 155:7 lawsuit 7:10, 24; 17:19, 21,23; 18:3, 3; 25:14; 26:16,18, 25; 27:6; 113-8, 13; 115:5 lawsuits 25:12,16, 19 lindane 37:19, 24; 54:3 line 52:15; 58:9; 68:8; 79:3; 140:22 lined 59:15 liquid 16:25; 133:5, 17; I 134:5, 11; 143:1; 148:2 list 48:19; 54:3 listed 21:20; 37:9, 11 M Listen 150:19 listener 6:7 listens 10:8 listing 158:11 literally 134:21 literature 72:8,-91:15, 19; 120:22 little 58:14; 66:1; 74:1; 75:24; 96:21; 132:22; 161:16; 162:6 M 58:9; 80:16 machinery 100:1 magnitude 12:5,21, 13:4, 17; 42:13, 14 main 82:16 maintain 18.7 maintenance 4:24 major 14:15; 48:24 majority 137:4 live 40:18; 156:5 makes 145:12 lived 156:6 liver 117:14 living 95:4 loading 103:4; 159:15, 18 local 73:4 localities 4:13 located 106:22 location 84:2 lodged 61:3 long 8:7,22,23; 9:3; 28:10; 33:4; 54:3, 67:23; 89:16; 107:1; 108:17; 118:15; 125:6 making 4:25:9:21; 12:5; 95:23; 159:25 malathion 37:20; 38:4 mammals 95:6 man 22:18, 19, 22; 30:18; 40:12, 14, 20; 41:1; 123:15 management 4:24 manager 9:23; 26:21; 48:2; 73:3; 77:15; 81:20; 96:14; 101:5,6; 102:21; 107:17, 19; 108:19; 141:20 manned 21:24 manufacture 37:19, 20 long-range 30:3; 87:1 longer 78:20 look 15:6; 29:8, 12; 31:12; 40:25; 41:23; 44:16; 48:15; 50:4; 77:24;80:21; 87:8; 91:15; 102:7; 133:10, 15; 138:8; 140:2, 11 looked 39:14,73:14,18; 139:24; 161:19 looking 66:16; 102:12; 112:23; 149:7 looks 37:17 manufacturer 115:24 manufacturing 50:11; 56:4; 57:24; 81:17 many 5:19; 9:12; 13:9, 10; 22:6; 24:16,-33:15; 43:25;45:4; 68:17;89:18; 98:4; 115:16; 117:17; 137:1; 145:21; 152:24; 153:11, 13, 18, 20; 154:3, 4; 155:1; 167:12 March 38:8; 39:17; 80:15; 81:3; 83:2l;84:22; 96:20; 148:5; 149:3, 4, 5; 150:7; 151:1; 171:18, 22 Lord 113:20 MARCIA 171:21 lose 154:5 loss 88:2 losses 16:3; 49:1; 51:21; 52:3, 5; 58:22; 109:21 lost 52:15; 63:3; 87:12; 154:13, 14; 155:1 lot 4:23; 38:II;40:11; 89:18; 91:22; 97:21; 99:23; 119:19; 127:10; 146:10; 159:1,2; 160:19 lotion 65:17, 21 lots 51:7; 56:25 Louis 11:5; 23:16; 56:8, 13, 18,18; 74:11; 105:4; 139:7 low 42:3,6,7,8, 10; 148:18 lower 42:14; 67:24 1st 171:22 lye 46.8 lying 78:12, 17, 20; 83:8, 12 mark 14:22, 24; 19:11; 31:3; 75:25; 80:10 marked 15:2; 28:18; 31:8; 35:21; 39:21; 43:1 2; 48:13; 76:1; 80:12; 109:5; 131:7,8; 135:12; 138:6; 140:8; 148:9, 24; 150:21; 152:10 market 51:8 marking 131:10 Mars 25:25; 26:1,3; 87:19 material 11:13; 28:5; 48:8; 49:11; 51:7; 53:1 1; 58:3,23, 24; 59:4, 22; 61:2,4, 13, 17, 17, 24; 62:18; 63:3; 64:10, 19; 66:24; 87:2, 11;97:13; 113:4; 151:20 materials 31:17; 32:8, 18, 25; 59:16; 66:2l;67:2; 86:11; 163:16 math 155:20, 24 BROWN REPORTING. INC. (404) 876-8979 Min-U-Script (7) Jaines - math WATER PCB-SD0000017548 WILLIAM B. PAPAGEORGE, P.E. March 13, 2001 WALTER OWENS, et aL v. MONSANTO COMPANY matters 514 may 11:11; 25:20; 53:22; 1; 76:23; 33:'i; 17; 107:9; 109:11; 131:12, 20; 132:1,2,9; 133:3; 132:13; 136:22,25; 150:9; 163:16 maybe 29:6; 36:5; 33:6; 56:21; 66:16; 71:20; 81:5; 95:1 I; 106:13; 128:16; 139:23 mean 8:23; 12:10; 33:2, 10; 32:10; 53:3; 69:7, 8; 73:13; 75:20; 83:22; 88:23; 96:17, 18; 98:12; 106:17; 110:5; 112:20; 116:25; 137:23; 133:16, 25; 163:15; 167:12 means 16:15; 21:23, 23; 30:5; 36:25; 59:13; 83:5; 150:11,13 meant 25:13 measure 86:23; 107:12 measures 68:9 measuring 108:16 Medical 16:23; 17:18; 19:15:69:15, 17; 72:7; 111:16,21; 151:11; 162:17 meet 137:11 meeting 6:19,21; 10:23; 11:1,3; 12:16; 20:1; 29:22; '5; 33:3; 120:16; .6,9,13 meetings 10:15 member 10:25 members 10:23; 81:17; I. 35:22 memo 8:22; 13:25; 15:18; 17:13; 29:21; 30:6; 33:2, 3; 59:3; 63:8; 76:3; 83:13; 87:20; 88:6; 110:12; 163:13, 17 memoranda 13:3,13 memorandum 7:3; 152:13 memory 27:2; 33:10, 13; 96:10; 160:5 memos 6:10; 15:10; 37:22; 56:12, 17, 21; 165:9 mention 9:22; 33:21; 83:21,23 mentioned 3:10; 38:7, 12, 15; 39:5; 69:20; 95:6; >39:20; 157:12 mentions 39:8 mercury 27:13, 17, 20; 28:1, 5,7,8, 13; 29:23; 30:2,3,5, 11;37:2,7; 38:8, 13; 39:7, 8, 13; 31:10, 13, 23; 32:10; 35:20, 21,25; 36:6, 13, 16, 18, 20; 37:3,6; 39:11, 17, T 50:13, 20, 23; 51:3, 1 21; 52:1, 21; 53:5, 1 1,25; 53:5, 13; 55:1, 1, II, 21; 109:17,21,23; 110:8; 111:3; 112:22; 1 13:1, 15 mercury-acid 36:3, 5 mess 30:18 met 92:21; 137:10; 139:3; 165:5; 167:5 metabolism 125:16 method 30:3 methodology 69:19; 90:10 methods 29:23; 30:3 methyl 38:3 Michigan 153:13 midnight 157:23 might 5:2; 15:20; 50:5; 53:1; 67:9; 71:20; 76:22; 78:1, 22; 93:23; 93:25; 97:3; 113:7; 113:13; 137:18; 152:20, 23; 159:20 Mike 33:6; 81:9 miles 98:5 milk 119:16,25; 121:9; 151:1, 2, 19, 23; 152:9 million 58:12,13; 88:22; 98:15; 155:21 mind 17:16; 23:13; 56:3; 151:18; 153:16 mine 113:10,11 minimize 63:7,10; 116:12; 138:6 minimizing 16:3; 51:21 minimum 20:17; 87:2,6, 10 Minkler 10:2,3; 56:7 Minkler's 10:13, 25; 13:20 minute 29:8;73:8;81:23; 103:20; 131:16 minutes 10:23; 11:2,7; 12:15; 15:3,10; 32:17; 73:23 mischaracterize 8:16 mischaracterized 108:3 mischaracterizes 6:2 mischaracterizing 8:11 misleading 167:9, 15 misquoting 93:6 miss 78:1 Mississippi 30:19, 23; 30:12; 31:9 misstate 18:17 misstating 19:3 mixed 81:18 mixture 133:20 moment 3:7; 15:1; 80:21; 81:15 money 56:23 monitoring 87:15 Monsanto 3:7; 5:8, 13; 6:12, 13;7:11, 18, 23,25; 9:23, 23, 12:5; 17:5, 18; 18:8, 9; 22:18; 26:17; 27:21; 30:18; 37:18, 19; 31:22; 59:3; 63:15, 23; 63:1,5,6, 9, 13; 65:17; 66:2, 8, 12; 68:9, 19; 70:2, 8, 12, 22;71:17,23; 73:6; 75:13,16; 82:15; 89:6; 90:2,9, 12; 91:25; 93:3; 97:6; 98:3, 11; 99:12; 100:17; 106:1; 107:15,20; 109:18,23; 115:13, 16; 116:2,17; 117:1,6; 118:2, 20, 21; 119:9; 121:5,9; 123:3; 123:7,8, 13, 19; 125:7, 11, 15, 19, 23; 126:2,6,7,8,128:6, 9.21, 25; 129:7,7; 130:3; 137:9; 139:13; 138:12; 150:6,13, 23; 151:22,23; 152:7; 153:5; 158:6,13,19; 160: L, 15; 165:13, 15,23; 166:3, 5,6, 12,13,17,22; 167:6,7; 168:3 Monsanto's 12:19; 56:16; 68:13;69:10;71:1, 6, 13; 90:10; 91:9; 97:7; 98:5; 99:15; 100:6; 102:1; 107:13,25; 123:15; 133:21; 133:3; 136:13; 138:15; 151:13, 18; 152:3; 153:1; 162:17; 165:7 month 13:10; 132:9; 155:13, 13; 156:2 Monthly 33:15, 21,23; 33:8; 131:3, 11; 135:7 Months 9:3,8,9,11; 81:3; 82:25; 83:13 MOORE 11:15,18; 33:17; 35:3; 153:19,25; 155:8 more 3:23; 7:11; 16:13; 17:1, 1,3, 18; 22:25; 23:3, 9; 28:13; 37:8; 30:3; 73:23; 78:21; 83:18, 21; 87:10; 89:13; 96:23; 100:3; 101:12; 103:6, 7; 108:16; 113:5; 128:23; 129:7; 130:13; 137:13; 130:1; 135:21; 152:20; 153:9; 163:1,2, 16 morning 11:8; 22:3; 51:13; 52:25; 55:20 mosquito 30:19 most 9:13, 16; 22:19; 72:17, 18; 77:1; 138:1; 163:23; 163:3 mothball 21:23 mother 119:16, 23; 121:8 mound 79:23 mountain 37:11,13; 77:17; 87:3; 90:22; 156:12 mounting 119:5 mouth 63:22 move 26:13; 38:11; 72:23; 73:6; 97:25 moved 73:11;83:9 movement 86:10 much 58.13:69:25; 70:21;97:23, 23;99:2, 21; 115:17,22,25; 116:1,19; 117:8, 10; 118:8, 13; 160:11, 16; 162:15; 163:16; 165:23 Mullally 80:16; 81:9 Mullis 155:8 multimillion 13:19 myself 19:22; 53:8 N name 29:5;60:7;81:l3; 126:18; 157:20; 158:1 named 17:8; 60:6; 109:25 names 56:5 naming 109:17 natural 135:3 nature 85:20 near 25:23; 156:13 necessarily 13:19; 62:3 necessary 16:1; 63:2; 68:9; 116:13 need 3:9; 10:9; 13:9; 22:18, 20; 30:3; 33:21; 35:2;39:23; 72:12;82:3, 5; 106:9, 11; 113:6; 157:23 needed 10:16; 16:8; 88:18, 19 needs 113:18 neighbor 131:1; 161:2 neighborhood 73:12; 90:25; 91:5; 100:8; 107:23; 108:22; 133:21 neighbors 69:3,10,13, 18,18, 21; 70:25; 71:6, 13; 75:16; 123:8, 13; 130:23; 151:22; 152:3; 160:13 neurological 125:20 neutralized 59:16 never-ending 103:23,25 Nevertheless 68:19 new 55:12;71:23;75:21; 76:8; 77:8; 139:2; 132:11; 138:23; 150:17 next 32:21; 37:1; 39:1, 16; 31:7; 58:6; 73:6; 75:1; 77:3; 80:11; 82:8; 83:7; 113:1; 135:6; 132:11; 139:8; 150:23; 157:16 nobody 91:25; 92:1 none 80:1, 2 nonetheless 135:21 nonresponsive 93:19 nonunionized 13:10 nor 171:16 normal 12:19; 56:16; 91:21; 116:13 normally 9:22 north 132:19; 139:12 note 117:18 note-keeper 20:8 note-keeping 20:10,12 noted 33:10;90:13 notes 13:25; 20:2, 3 Notice 3:13; 3:3; 8:7; 131:23 noticed 52:6; 53:6,7 notion 63:7 November 33:2; 119:10; 121:3; 122:2,6,8 nowhere 97:9 Number 3 8, 10; 13:25; 19:13; 23:12; 29:13; 35:23; 55:1 1; 57:19; 80:12, 15; 83:3; 87:8, 19: 89:19; 90:12, 15,111:11; 122:17; 135:11; 139:12; 159:1; 163:3 numbers 32:2,9; 159:2 o oath 153.2 Object 5:25; 6:15; 7:13; 8:2,9; 13:17; 15:13; 18:22; 3*>:13; 33:8; 35:3; 37:23; 50:15; 51:25; 57:8; 59:6; 68:12; 69:6;89:9;91:1; 93:5, 18; 96:3; 99:16; 100:9; 102:3; 108:2; 111:23; 113-17; 115-19; 116:22; 118:5; 121:10; 122:3; 129:1, 10,23; 133:7; 137:17; 152:1; 153:13, 17; 160:6; 167:11 objection 108:6,12; 1 18:17; 123:17 objections 113:13 Objectives 29:25 observation 33:12 obviously 21:2; 112:21 occasion 68:7 occur 13:5; 116:21; 117:7; 162:5 occurred 8:8; 23:3; 72:15; 160:5; 162:9,20, 23 occurring 27:18; 129:12 October 87:23, 23,25 off 15:7; 31:1; 32:21; 36:, 12, 13, 13;37:3, 5;66:10; 67:3; 71:20; 75:16,19; 79:16, 18; 88:11; 89:7; 97:2,7; 98:1; 100:6,18, 20,21; 102:18,22, 23; 103:15; 103:10, 15, 23; 105:12; 115:3; 117:20, 25; 120:25; 123:23; 137:15; 132:9; 155:3; 157:3; 167:20 office 9:20; 14:21; 85:19; 93:16 Offices 76:7; 110:15; 155:8 officials 136:6 often 13:15; 59:18; 68:7; 86:12; 87:10 Ohio 151:2; 152:3 old 83:8, 11 old-timers 157:21 once 13:10; 79:3; 87:10; matters - once (8) Min-U-Script BROWN REPORTING, INC. (404) 876-8979 WATER PCB-SD0000017549 WALTER OWENS, et aL v. MONSANTO COMPANY WILLIAM B. PAPAGEORGE, I March 13, 2( 88:15; 89:18; 147:12 : 87:16; 89:23; 90:20; 91:9, parties 171:14,15 one 3:8,15; 4:7,10; | 11:92:19; 97:1, 1 98:1. parts 67:24:82:2; 87:22. 10:10, II, 16; 11:22; 12:1, ! 3; 103:8; 105:11; 106:3: 10,10,13,23.24; 13:2; i 129:6; 135:2; 142:1. 5: 23. 24; 88:21. 25; 89:4.7. 25:90:8, 13. 16;96:15, 21: 14:1; 17:3; 20:15: 23:25; i 144:22; 146:11; 147:9: 98:14; 158:20 25:21; 27:18; 31:3.3; 34:9; ; 152:21; 161:14,15: 162:': passed 119:16,24; 121:8 38:1?;43:16; 44:3;45:15; : 164:17,22,24 51:3, 11; 52:18; 55:10, 10; ! outfall 132:18 past 100:20; 102:23; 104:11.24; 135:3; 155:12; 58:19; 60:7:65:6; 66:6; | outfit 67:21 15-: 12 69:21;70:14,19; 71:23; 75:12;7^:22, 23: 78:16; 80:25:82:7; 87:5; 88:19; 91:7,10,17; 93:15; 96:21; outside 69:4: ~ 1:1. ~: ; 74:7; 105:18; 142:22; 143:6 pathologist 165:6 pathologist's 164:25; 166:8 98:2, 22; 99:10,20; 102:8; | over 5:23; 17:5:45:16; Paul 56:4 103:6; 109:12; 111:20; 113:4,7; 117:6,14; 119:12; 121:6; 123:11; 126:6;130:13,16; 133:9, 13; 135:21; 136:20; 140:1; 51:13; 58:9;62:21;76:17; 77:24; 79:20,23, 24; 84:4. 21; 118:15; 145:21, 23; 165:5 overall 63:9 pay 155:13 paying 130:11 PC 21:5 PCB 4:4,18; 13:2; 15:20; 142:12; 147:25; 149:11; 154:18;157:12, 20; 159:6; 160:9,10,15; 163:4; 164:5 one-third 58:7 overalls 68:2 overnight 99:22 overtones 151:8 own 50:8; 130:9 16:21; 19:13; 20:16; 21:6, 9:25:1; 66:20; 71:6; 82:17; 83:5; 93:3; 104:19; 107:20,25; 108:14; 112:22; 115:17; 117:18; ones 44:16 owners 69:24 I 118:13; 123-15; 125:9,12; ongoing 139:9 130:13, 14; 149:14; only 12:24; 18:3; 19:21; 25:10; 29:18; 31:16; P 153:11,16,19; 161:6; 163:15,15; 164:25; 166:4 35:18; 38:7,15; 39:5:43:1; PCB-contaminated 45:16; 50:18; 72:2; 87:16; 88:14; 90:24; 92:17; 93:13,15,19; 98:23; 99:3; 105:17; 120:16; 123:20; 136:22; 162:6 open 25:10:161:8; 163:6 opening 161:1,17 operating 5:2; 22:13; 48:25; 52:6; 86:7; 142:21, 23; 144:20 operation 46:4; 55:22; 56:10,14,20; 58:17, 23; 85:19; 86:4,9 P.E 3:1 ; 151:20 p.m 168:11 ; PCB-filled 164:11 pad 143:25; 144:1 i PCBs 3:17; 4:8,9,13,19; page 21:17; 31:14; 36:7, I 5:10,14, 18; 16:5; 17:10; 15,18; 37:14,17, 25; 38:1, 24:23; 25:8,21; 28:14; 16; 67:19; 84:7; 131:13; 33:5,13,15,18; 34:2,7, 151:13 : : 18, 20,23; 35:1; 53:6; pages 171:9 paid 155:11; 165:24; 166:3 65:4; 66:1,13; 67:4,9, 11; 68:16,23; 69:4,11; 72:1, 18; 75:13;80:6,-87:16; : 88:11, 22;89:7;91:9,23; payability 63:2 j 92:2,7; 93:10,14,19,24; pallets 79:1; 85:20 j 94:22;95:8.15; 96:22; operator 157:13,21; PAPAGEORGE 3:1,6, ; 97:1.13,25:98:3,10,17; 161:18 11,16,25;7:1;9:1; 15:9; | 99:9,14; 100:6,18,20; opined 16:6 16:22; 38:6; 40:4; 42:23; 52:24; 54:10; 59:19; 72:6; I 101:12,15; 102:1, 18,22, i 23: 103:14; 106:2,21: opinion 7:10; 99:19; 164:25; 166:4 opposed 124:3 opposite 13:7; 105:19 options 10:20; 12:7; 14:5 order 91:14; 99:8; 159:16; 161:24. organic 58:3,23,24; 59:22; 61:2,17,24;62:18; 138:11 106:24 paper 85:19,21 Paragraph 15:19; 16:14; 21:20; 31:13,14,23; 32:6, 7; 36:19; 37:1; 39:24; 40:12; 41:7; 82:8,22; 109:13; 110:17,19; 151:6 parathion 37:11,13,16, 21; 38:4,5 j parenthesis 48:20 j 107:22; 108:21; 111:1,4; 113:1,15; 116:19; 117:8, 10,16:118:3,14,21; 119:14,15,24:121:6; 122:2,11, 18; 123:9; 124:9:125:16.21,24; | 139:4: 141:17; 142:23; 143:1; 144:21; 147:13; 148:6:149:21; 150:25; ! 151:2,18,23:156:15; | 157:14:158:7,15.16; organic-free 59:2 | part 5:22; 10:13:15:15; I 159:2.9, 10,20; 160:11; organisms 33:6 j 19:16; 38:22; 51:13; 56:3; 1 163:25:167:23,24; 168:3 organized 104:23 j 63:9; 75:5; 77:20; 78:2; ! PCBs's 72:8 original 23:22; 33:24; 48:9; 72:25; 75:5,7,9; 92:24; 96:13; 135:18 originate 62:19 others 16:24; 26:17; 37:14, 16;91:16; 113:5 : 87:14; 103:21; 119:3; j 133:13:145:6 j Partially 84:14 : participate 3:16 i participated 22:23 I participating 5:13 ; POP 83:4 pelicans 93:12, 19 ' penetrate 65:25 people 14:12: 23:1; 25:19: 27:11:41:12; 42:12:47:18; 56:2,4,8; lght 135:2 ! particular 15:15; 20:22; 71:4;81:l6:99:24;I17:3; jut 13:10; 18:4; 32:25; | 31:4; 132:9 119:10: 137:16; 145:23 46:11; 72:16; 73:19; 75:18; 76:10; 85:1,1; | particularly 123:4; i 140:17 per 45 21.25; 58:9,16; 87:10. 22. 24, 25: 88:21; 89:1.4.7, 25;90:8,13,16; 96:15,21:98:14 perceive 18:2 perceived 5:16,19; 33:6 percent 163:25 percentage 164:10 perception 6:6 perfect 114:15 perhaps 16:5 period 10:13;45.5; 77:23; 85:12; 87:5; 89:21; 100:11; 105:23; 118:15; 121:15; 122:25 periodic 130:21 persistence 139:18 persisting 147:14 person 9:21; 71:8; 77:1 personal 7:22; 13:3; 120:18 personally 18:2; 19:21; 27:16; 34:5; 70:23; 79:22; 81:8; 98:19; 119:4; 136:8, 12 personnel 52:3:60:8,19; 111:1; 163:16 phase 134:5; 149.11 phaseout 20:18 phases 103:2 phenomena 162:20,22 phenomenon 233:1 phone 76:23; 77:2 physically 23:2; 103:18 picked 46:16 pickup 86:10 picture 88:9; l6l :20 piece 99:10 pipes 161:10 pit 49:10; 58:18; 59:14, 18,24;6l:3, 5,21,25,25; 62:6,9,11; 78:13, 20; 89:23; 105:19; 142:7,15; 1433:145:5; 146:6,19; 147:7,22 pits 146:3 place 13:13; 14:20; 29:5; 52:9; 56:6; 79:10; 90:7; 106:23; 126:12 placed 78:25; 79:2; 84:4; 88:6; 146:18,21 places 48:7:51:4; 78:2 Plaintiffs 15:2; 28:18; 31:8; 35:21; 39:21; 43:12; 48:13; 76:1;80:12; 109:4; 131:8; 135:12; 138:6; 140:8; 148:9, 24; 150:21; 152:10 plan 30:1:49:14; 141:7 plant 3:18; 4:10, 22,23, 25; 5:1,9; 6:12; 10:11,21, 21; 11:23; 12:14, 15; 14:1; 17:10, 12; 23:2:25:23,24; 26:12, 21; 27:1,5, 14, 15, 21; 28:2; 29:19, 24; 30:11, 12, 20; 43:24; 45:7, 18, 19; 48:2,6, 23:49:18. 22; 50:9, 14.24:51:8. 16. 1 20. 21; 52:1,3; 55:5: 56:24; 57:7; 59:21:60:-, 16, 19; 62:2:63:13. 16: 65:3; 68:18;69:1, 2. 3. 5 10, 12, 14;70:22, 25; "1. 6.7:73:3. 5.7; 74:6; 77:14,21:78:2; "9:6: 80:18, 20; 81:2,4.6, 11, 20; 82:25; 89:22; 90:4; 96:13:98.4,5,11,18; 101:5,6, 12; 102:17.17. 21; 103:3,9,13,21; 104:6 8; 108:19; 109:16.22; 110:4; 111:1,5,10; 113:16; 124:8,14; 130:20 24; 132:18; 133:24; 134:6 137:12, 15,22; 141:17, 20; 146:6; 147:3,5; 148:2,6. 7,15, 20; 150:17; 156:15. 25; 161:8,14 plant's 87:5 plants 9:25; 10:16; 11:22: 23:25 plastic 64:20 played 112:15 Please 40:7 plus 131:21 pockets 133:4,11,16, 22; 134:10 point 9:5; 50:7; 73:22; 78:14,15, 19; 95:4; 97:25; 109:1; 112:25; 123:15; 147:3,15, 23; 152:9; 158:6 points 75:17 poison 115:18 poisoning 28:7; 116:21, 24; 117:5; 118:16 poisons 95:8 poking 152:21 politically 16:22 polluting 30:12 pollution 5:8, 24; 7:25; 15:11,21, 24, 25; 16:1; 17:5; 18:10; 19:14; 20:16; 21:6,9; 37:7; 71:1,7; 82:19:109:17, 24; 130:21; 131:19; 132:6,12; 135:15, 17, 25; 136:2, 10; 138:11, 13; 159:17 polyphenols 21:10 pond 142:6; 148:16; 149:21 popular 95:9 portions 66:21 posed 19:5,7 position 18:7,20;109:20 positioned 144:1 possibilities 113:24 possibility 113:13; 114:3,4,6 possible 8:6, 21; 33:1; 97:18; 109:16,20; 115:3; 147:21 postpone 16:4 potential 27:17; 92:7; BROWN REPORTING, INC. (404) 876-8979 Min-U-Scrlpt (9) one - potential WATERJ_rvnnH WILLIAM B. PAPAGEORGE, P.E. March 13, 2001 WALTER OWENS, et al. v. MONSANTO COMPANY 93:2; 117:24 27:5; 143:6 potentially 95:16: 118:1 product 46:21 Q nds 45:21: 58:8. 16: production 3:17; 4:10, 4 18: 13:14, 19; 15:13 ;46:6; I qualified 20:9 pouring 161:18 ppb 16:2 PPM 152:9 practice 67:23:168.8 precautions 63 24. 25: 68:20: 115:1-6 116:18 . prefer 111:22; 112:4; 114:23 preferring 111:16 preliminary 121:12 prepare 116:3 preparing 55:16; 109:16 Presence 33:2, 5,11.15, 18; 34:20; 52:18; 69:4, 11; 72:2; 92:18; 123:9; 156:17, 20 present 6:18,21;9:20; 10:15; 23:2; 51:3; 52:22; 69:13; 82:15; 83:6,8; 102:24; 110:8 presentation 19:17 58:S. 16:103:3; 115:15, | quality 4:19 15:134:4; 140:18; 143:13; 146:18; 159:15. 19; 162:3 I quantified 54:13,14,16, !21 products 4:15; 5:20: 58:2: 117:18 | quantitative 41:11 professional 19:22 ! quantities 51:4; 63:3 Quarter 138:12 Professor 32:21 : profile 72:17 quarterly 138:13 ' program 9:7; 32:20; 75:6; queries 109:16, 24 ! 87:15; 99:8,13,19; quick 43:16 101:10:108:19 quickly 150:11 ; Progress 48:16; 141:24 quit 85:15; 168:10 ' project 142:2 quite 4:14; l6:20;60:9; prolonged 139:18 promised 41:12 pronounce 125:2 proper 79:4; 88:16; 99:25; 103:3:159:6 99:1; 113:11; 144:14; 151:6 quote 164:5 quoted 19:18,20 quoting 53:7,8; 94:13 properly 88:15; 125:3 properties 31:19; 32:10 R Presently 58:6; 135:17 property 75:13,17,19, preserved 158:14,17,19 21; 97:6,9; 98:1 R 148:12 press 95:9; 109:16,23 proposal 149:19 Rags 85:22,23 pressure 16:4 proposed 149:7 railcar 56:25 presumably 85:15; 98:4 protect 64:14; 68:16 rain 79:19 prevailed 55:4 ent 65:18; 68:10, 21; . .16 protection 64:23; 65:5, 16 protective 116:14 prevented 131:22 protest 141:8,10 preventing 147:8 provable 72:3 previous 65:7; 67:20 provide 5:2; 48:25; previously 163:17 65:24; 116:13 primarily 4:16; 46:15 primary 58:2; 62:17 primates 126:5 principle 107:21 print 120:20 provided 109:15; 117:22, 24; 159:9,11 providing 3:21; 112:22; 163:10- public 16:15,18; 90:20, 24,25; 109:8 prior 18:16; 24:20; 44:1, publications 47:22 8; 103:15; 108:3; 123:9,10 publicity 151:7 probably 44:13,25; 135:23; 164:16 pump 62:19; 144:22, 22 problem 33:7,10,20; pumped 146:11 34:2; 55:2; 82:14, 14; 83:5, i purchase 51:5 20, 23, 24; 89:5; 107:21; ' purchased 70:5 108:8; 115:21; 117:23, 24; | pure 51:7 123:16; 151:7 ! purge 58:23; 61:17 rains 97:20 rainstorm 161:20 rainy 87:11 . ran 142:1,8; 143:13 range 164:11 ranks 157:22 rare 13:2 rash 117:9 rate 52:8 rather 111:23; 134:16 rats 127:22; 165:1; 166:5 raw 86:10 reach 90:14; 159:6 read 3:9; 31:25; 32:3; 36:5, 10; 40:3;4l:8; 52:19; 58:4; 62:22, 23; 63:5; 81:23; 82:3, 5,6,21; 109:14; 110:13; 112:5,7, 17; 131:16, 18; 140:13; 141:1; 152:14 reading 40:5; 110:10,18 problems 17:1:33:3; 50:10; 58:17;71:25; 82:20; 89:4; 138:14 procedure 79:9 procedures 147:6 process 46:16:47:7; 48:9; 50:11; 55:21; 57:24: 104:5,9 processes 27:19; 90:4 i purpose 48:23:49:4; 69:19:79:24 I purposes 38:20 ! pursue 6:9; 32:21 ! pursued 141:22 i i put 12:20; 13:5; 19:11; 30:1; 32.-1; 42:19; 44:17; i 66:21; 67:23; 75:23; ] 116:4; 120:20; 141:19; ready 5:23; 119:1 real 40:17 really 5:18; 13:22; 60:22; 74:24:97:20, 20; 98:22; 103:2, 24; 107:9; 126:23; 128:20; 134:14; 138:4; 156:24; 157:6; l6l:19 reason 18:6; 19:19; 71:15; 81:2; 116:18; ; ice 4:13,19; 59:2 \ 146:25; 147:15,22; 159:6 138:9; 155:23 p, _ _,uced 11:13; 29:19; | putting 55:12; 84:20; 68.17 ! 142:11 reasonable 20:18; 153:5 reasonably 146:12 producing 4:15; 5:10; i Pydrauls 164 reasons 316; 4:6 j recall 6:17; 7:4; 9:12; i refers 12:10; 148:15 : 10:23; 11:25; 12:13; 17:8, ! 11; 20:20; 21:1,5, 15; 24:21; 26:23; 27:2. 16,23. 25; 35:16: 52:18; 55:8. 23: : 59:8; 64:21; 65:15:73'9; 74:12; 81:7; 87:13: 88:1; reflects 52:4 ! refresh 15:11; 30:9; 111:11,19; 132:5; 141:3; : 150:24 refuse 19:4; 109:19, 25 : 100:23; 105:17; 130:25; ; regard 9:17; 24:15; 55:1; 131:2; 132:23; 136:15: 57:19:67:7 138:24; 139:8.12: 141:6: regarding 11:23:14:15; 1-14:15, 18; 157:20; 24:23; 56:19; 72:8; 76:12; ! 159:13, 14; 163:14; 165:1, j 109:17,24; 139:4 ( 9 j regards 140:19 | recalled 7:2 ' regular 67:12; 79:13; recalling 112:14 j 87:2; 138:13; 171:14 recalls 12:23 ! regulatory 16:20; 110:20 receipt 48:19 j relate 11:21 received 121:12; 131:19; 149:23 recent 16:20; 38:21; 39:10; 62:21; 72:17; 109:18 recess 29:10; 42:18; 77:12; 115:12 recipient 109:10,11; 110:14 related 12:13:35:19; 51:11; 101:9 relating 5:14; 12:6; 77:6 relations 16:16,18; 21:21; 109: v; 131:5,15 relationship 137:21,24; 152:3 release 27:17; 50:12,20 recollection 15:11; released 27:21; 28:1, 2 19:24, 25; 20:13; 22:2; releases 27:14 29:7; 30:10; 37:6; 50:18; reliable 48:25 55:6; 76:15,24; 82:9; 86:15; 105:10; 111:12,19; 128:18; 132:5; 137:17; 141:3; 144:16; 150:24 recollections 22:16; 26:11:29:16 recommend 6:13 recommendation 149:11 recommendations 12:7; 66:7; 80:19, 20 relinquishing 167:18 remaining 4:20; 46:9; 113:2 remains 39:13,13 remark 7:8 remember 8:5; 22:11; 24:24; 25:8, 15.19; 26:9, 18; 30:14; 35:6,8; 36:1,2; 42:2,5,8,9,15; 45:9,24; 47:8,13; 50:6; 54:2,24; 55:2; 64:24; 65:12; 73:10, recommended 66:3,8; 11;74:13, 15, 19,20, 22; 83:3, 7; 88:17; 141:21 77:4; 83:11, 15;84:25; recommends 84:3 85:4, 16, 18; 86:2,14; record 15:7,8; 29:12; 31:1;42:20; 112:7; 124:24; 131:19; 155:4,6; 88:8; 92:17,19; 94:2,13, 25; 95:2,8,11,12,12,22; 97:3; 98:10,16,18; 157:3:167:20 recovered 48:10 reduce 45.20; 46:1; 55:11 reduced 156:3; 171:8 102:11; 105:6; 109:23; 110:21,22,25; 111:1,3,8; 122:13; 123:7; 126:20, 23, i 24; 127:1; 128:21; 129:2, ! 3,5, 11; 131:6; 132:14,16, | 21: 136:1,3,20; 137:3,6, reducing 29:23; 30:4, 5 ! 13; 138:17; 139:1,21,23; refer 49:23:60:19; 87:18; ' 140:4; 142:5,9, 10; 143:5; 132:8,9:135:7 ! 144:19. 24; 148:8; 154:18; reference 7:4; 27:16; I 156:8,9, 11:157:17; 37:18,20, 23:65:6,9; i 158:1,2,3,9, 13; 159:20, 95:2; 101:25; 132:21,25 i 23,25; 160:3:163:17,22, referenced 110:11; 111:10 references 43:3; 135:8; 141:23 referred 37:25:47:12; ; 23; 164:20,21,24; 165:3, 4, 13,17; 166:10; 167:21 remembering 25:22; ; 102:15; 144:25 ! repairing 84:25 48:3:95:8; 121:13 : repeated 140:5, 20, 25 referring 15:15; 17:7; replaced 81:13 21:3; 47:22; 53:1, 11; replies 109:16 101:18; 112:19; 131:14; ; report 31:5, 11, 14; 135:24; 139:25 32:15; 35:24; 36:13; 37:9, potentially - report (10) Min-U-Script BROWN REPORTING, INC. (404) 876-8979 WATER PCB-SD0000017551 _____ _ vr et aL v. MONSANTO COMPANY WILLIAM B. PAPAGEORGE, March 13, 2 11:38:10:39:16:43:15, results 42:1:87:22; rubber 64:14.16. 18. 19: 140:11 showing 128:23; 13` 21.23:44:18:48:16; 34:11;81:2; 105:19: 109:9:119:19; 121:19; 130:4.6.9; 131:12: 135:7: 138:11 reported 50:21.22; 52:17; 36:6; 140:14 reporting 27:8:141:11 reports 2":23; 28:11; 100:1; 105:14; 107:8,9; 110:23:112:22; 126:24; 128:23: 129:4,9, 16,20, 22:130:6.15: 139:13; 140:13: 154:11; 156:18, 19.22:157:5, 10; 158:10 retire 107:14 retired 107:16 retracted 94:14 1 65:8.12:66:15 rubber-coated 67:3,11 rubberized 66.23. 24: 68:2 | run 22:10:99:25; 103:20 I running 69:22 Runoff 87:9; 96:15. 22: 98:20: 159:16. 22 sections 45:17 shrimp 34:11, 14, H. security 82:17 17,23,25:35:1.13, 2< seeing 73:9; 83:11; 158:9 shut 4:17:9:17: 10:1 1 seemed 41:10 j 17,21:11:22.23: 12:1 seems 16:19 segment 60:7 15; 15:13; 16:25:22:3: ! 23:8,25.25:49:9, 1". i ; 21:50:24: 51:24: 52:5: select 130:16 ' 56:10, 14, 19, 24; 57:7; selling 4:8; 13:22 111:17,22, 23; 148:3 31:3:39:25:43:17:44:8: 150:15; 131:4:138:13; 141:23; 150:5 review 120:23:163:15 : reviewed 165:6 ! Riceboro 92:19, 21;93:6, s : seminal 93:11 , send 159:7; 166:17,19, shutdown 24:8; 55:14, 15 25 shutting 4:3; 10:10, 20; represent 171:10 10, 19, 22:94:14,14; S-a-u-g-e-t 4:11 1 sending 145:1 representation 135:21; 136:19 representative 70:12; 148:13 representatives 6:8,12; 95:13 Richards 23:20 j Richardson 121:18 rid 13:25 right 3:9, 24,25:9:15; safety 63:16 sake 15:16; 36:12 same 4:15:30:17, 17; 37:2; 38:14; 51:14:66:18; 83:20,23,24,25:84:11; i sense 133:20; 134:1; ! 145:12; 152:15, 18 j sent 48:9; 166:13; 167:6 j sentence 31:23; 32:7; ! 36:19,25; 39:9; 40:6; 58:6; 70:8:136:6,13,19.20,25; 137:1 reproduce 90:11 reproduced 141:5 reproducibility 140:15 11:1; 15:9:19:10,19; 20:11,15:21:16; 23:7; 24:14; 26:10; 27:12; 29:15; 30:9,16; 32:22, 24; 36:14,25; 38:24; 39:3,12, 15:44:12; 46:3,17,20; 89:21; 102:8; 108:12; 114:20,21; 118:17; 122:24:130:15,15; 133:1 sample 37:24; 103:18; 107:22; 108:21; 159:5 | 82:13 : separate 51:1 serious 82:14; 137:13; 151:7 ; serve 79:23; 147:8 request 8:13,15; 13:8; 47:3, 14; 48:11;49:6; sampled 87:10 ! served 48:6 41:20; 80:23; 129:15; 130:3; 159:25; 160:2 requested 83:18; 158:21 requesting 54:12 require 5:3; 69:15 53:20; 54:17,21.22; 60:ll,24;6l:12,15,19; 63:11; 65:10,17; 68:24; 70:24; 71:17,22; 72:16; 73:8; 75:1,18; 76:9,14; 77:10; 78:18; 82; 12; samples 33:16; 34:7; 41:23:42:13; 49:9; 76:13; 87:21:88:20; 98:24; 99:25; 100:2; 110:6; 122:23,24; 123:5; 156:17; 158:19,21; 159:8 j serves 27:2; 69:19 | Services 27:10; 43:15, i 17, 21;48:17;81:14,18; 100:25; 131:3,11; 135:6; 141:22 required 4:19:64:22 83:19:84:8,9,16,24; sampling 99:8,13,25; set 24:11;29:25;81:1,5, requiring 65:5,15 rerun 129:8,13,15,21 research 139:10 researcher 126:19 researchers 92:1; *158:15,20; 159:9,11 researching 158:15 reserve 3:9 residential 90:25; 91:5, 9; 100:7; 107:24; 108:22 residents 73:4; 124:7 86:6, 25; 87:17; 88:5; 89:20;93:17; 95:7, 21,25; 96:12; 97:6; 99:4; 101:21, 24; 102:4; 103:5,10,23; 104:4,13; 105:18; 107:3, 11; 113-3; 116:10,17; 117:21; 118:19; 120:2; 121:22, 24; 122:10,22; 126:16; 127:4, 20; 130:18; 132:4,15, 25; 133:15; 134:12;135:1; 136:17; 137:4; 139:2; 140:3; 157:5 San 94:3, 21; 95:3 Saturday 36:20 Sauget 4:11 Savage 16:11,12; 20:3, 7; 23:14; 111:15 save 42:22; 43:6; 56:23 saw 11:6;40:18; 57:1; 80:4; 83:14, 16;84:1; 113:2; 119:17; 156:19; 157:5,6; 158:11; 163:4 8,11; 99:24; 100:2,3; 101:10; 115:25; 129:17; 158:19 sets 76:10 setting 81:7; 93:17 i settle 59:17, 22 Seventies 26:19; 122:14 20; 126:13; 156:25 Several 31:17;32:8; 37:13; 40:15; 56:2; 75:11; 78:1; 87:20; 122:9; 138:2- respect 38:6; 41:25; 52:23; 54:10; 120:24; 165:19 respectfully 8:15 143:8, 12,20,24; 146:7, 10,16,20; 149:10; 152:18; 154:14,14; 155:8, 23; 156:25; 157:8; 158:23; 159:4; 160:12,23; 164:6; Sawdust 85:24,25 saying 33:23; 60:18; 83:20; 98:10 scanned 36:13; 82:11; sewer 143:14, 21; 144:7, 12; 145:1,4,6,7,11,11; J 146:5 sewering 58:7; 59:4,10, J 14; 61:11, 16 respectively 8:12 165:20; 168:1 149:9 j shame 114:9 respirator 160:25; 161:24 respirators 117:23 respond 24:5 response 3:12; 41:19; 161:22 responsibility 9:25; 78:3; 163:8 ring 140:7; 146:22; 164:7 risks 71:25 Rizen 119:9 road 22:10 roaming 75:12 rock 59.15 role 112:15:123:15 scheduled 120:16; 135:22 j share 69:17; 164:3 ! school 154:15 j sharing 69:18 j shelf 158:24 scientific 72:7; 91:15,18; 92:1:120:21,22 j Shell 121:18 scientist 95:14,15,20, 23; 121:6 ' shift 66:5; 144:9; 157:23 j shoes 64:9 scientists 92:16 j short 121:15; 140:13 responsible 27:5:86:6; ! rolling 43.11 163:5 ! room 57:14 score 153:21 ( short-term 139:19 Scott 66:19; 76:5; 15115 i shortly 152:7 rest 38:10; 120:3 restate 125:3 restrict 79:17,22 \ roughly 130:15 | rounded 69:23 | route 6:9 seal 142:9 ! shot 80:2 second 3:18; 15:6; 36:18; ' shoulder 79:2, 2 63:12; 138:11; 141:21; : show 42:14;80:10; -ult 7:25: 18:10:40:16; j routed 145:4; 146:5 142:14; 147:22; 151:13 ; 120:15: 140:10; 148:11; 13:1,18; 55:21:111:10 Side 78:13,17 sift 130:18 sign 3:9 signals 150:12 signed 38:17 significant 33:6,10, 20; 34:2 signs 160:10,16; 162:15 similar 55:18; 90:6 simple 99:6 simply 94:17, 21; 121:3 sincerely 147:7 sit 106:7 site 79:1;83:6; 133:14 situation 34:19; 41:4; 65:4; 74:17; 77:4,7; 107:6 six 135:21; 136:19,24 sixth 138:12 Sixties 26:19, 20; 137:19 size 87:4; 141:24 skin 63:21,65:18,19; 66:9,22; 116:6,20; 117:4, 20,25:118:9 skipped 140:22 skipping 153:9 skull 67:3 slides 165:7,12,16 sludge 46:10 sludge-mercury 46:11 slurry 46:10 small 164:9 smaller 5:1 Smith 155:7 smoke 116:6; 150:12 sneaking 67:18 Snow 16:2; 30:2; 31:15, 17; 32:8,18; 59:25; 60:2, 6,9,14,20,23:98:6; 133:4; 134:10, 14,16, 22 so-called 69:24; 127:16 S02 131:22 social 137:14 soda 29:20;46:9,9;47:5, 5; 50:10 soil 79:4;97:12,16,24, 25 .; 108:17; 151:19. 25; ! routing 143:20 , .1:16 j row 79:23; 84:1 secrets 67:17 I section 49:7; 82:14; | 160:18; 161:17 : showed 41:24; 158:10 solid 87:5 somebody 81:10; resulted 65:4 rub 65:18 I 131:4, 5, 14; 135:15; shower 65:4:66:3, 4 104:14; 123:20__________ BROWN REPORTING, INC. (404) 876-8979 Min-U-Script (ID reported - somebody WATER.PCB- VfTLUAM B. PAPAGEORGE, P.E. March 13, 2001 WALTER OWENS, et al v. MONSANTO COMPANY someone 39:25 " meone's 160:12 atime 88:6.7 sometimes 60:18:82:7 somewhere 78:9; 164:17 soon 71:22 sorry 6:20: 25:5: 29:1; 30:24; 32:6; 40:5:41:21; 43:18:49:18: 52:13: "5:7: 101:4; 118:20; 137:9; 139:21; 149:1 sort 37:21:46:12 sound 144:13 source 76:12; 91:17 south 47:11, 12; 154:21, 23,24 speak 79:2; 103:5 speaking 70:22 speaks 59:7 species 37:24; 95:4 specific 8:5; 17:10; 19:25; 27:4; 42:9; 66:1; 82:12; 86:1:98:21; 103:12;105:6,10,14; 122:13 specifically 22:12; 23:25; 39:6,8; 54:4; 63:18; 95:5; 102:20; 146:24 specifics 21:2; 42:15; 88:8 'ffy 84:14 ^ectrum 117:7 speculation 119:20; 123:18 speculative 120:20; 122:6 spell 99:5 spend 40:11 spending 15:20 spent 51:12 spillage 143:18 spilled 159:20 spills 62:19; 149:13 spokesman 19:22 sponsored 135:19 sports 113'8; 115:5 spots 48:6 St 11:5: 23:16; 56:8, 13, 18, 18; 74:11; 105:4; 139:7 staff 10:7,8. 13,14, 16 Staley 59:2 stand 24:19 standards 115:25 stands 15:23:73:19 start 56:24; 106:10; 152:21, 23 started 3:11; 26:16; 61:10; 104:5; 133:3, 5; 10; 165:23; 166:3 .ts 103:8 state 18:19; 30:24:40:12; 41:9; 108:6; 135:16; 167:22. 23; 171:3 stated 16:23; 20:1: 171:6 statement 7:5:1914,16; 96:8: 109:20; 1163: 153:6; 163:7; 164:19 States 34:3:35:14:82:14; 148:16 station 40:14 stations 103.4 Status 140:11 stay 01:3 stayed 108:18 steel 47:9 Step 32:21; 74:7 steps 68:15; 101:22 stick 160:4 still 4:18; 10:3; 17:15; 23:14,18, 20; 66:16; 71:9; 86:4;90:19;91:12; 96:13, 17; 103:1,11; 117:5; 132:2; 158:4; 163:7,10; 166:4 stimulate 29:7; 37:6; 152:24 stimulated 74:13; 113:13 stimulates 76:25 stop 5:10; 13:22; 106:10 stopped 4:8 stopping 73:22; 85:16; 86:2; 109:1 storm 79:19; 99:4; 159:16,22 straight 53:17 Strand 119:10 strangers 120:18 stream 90:19 streams 29:24:30:12 street 156:11,12 struck 132:22 structure 7:9 student 36:20 studied 50:20; 130:14 studies 41:6; 72:11; 89:14; 105:17; 115:23, 23; 119:13:124:17,17, 20; 125:8,11.15,19,24; 126:2; 127:9,11,13, 14, 16, 22,23. 24; 128:4,7, 10,13,23:129:6,8,15; 139:20;140:5,12, 15,20, 23,24;141:4 study 63:10; 81:7; 103:7; 104:23; 105:5,11. 15; 106:8,10,21.22.25; 107:7; 113:5; 124:20; 125:8,12, 16; 126:4. 6, 12, 15, 22; 130:5,11,13,13; 139:18 studying 103:21; 127:2 subacute 127:16 subject 4:3; 20:23: 22:20; 23:13; 24:20; 72:19; 77:8; 101:9; 107:18 subjective 6:6 subordinates 81:19 suctioning 161:10 suddenly 35:25 sue 5:23; 17:5; 18:9 suffer 117:14 sufficient 87:4 suggest 7:17; 41:14: 78:21; 81:9 suggested 10:10; 78:25; 90:8 suggestions 41:5 suit 5:7; 6:13; 65:8; 66:15 suits 64:14,16.18, 25; 65:2,12 sulphur 132:10 summarize 78:2 summarizing 138:13 summary 38:21; 39:10; 138:11; 149:9; 154:19; 156:20 sump 87:22; 88:4,6,10; 90:16,18; 105:19,21; 106:3,22; 107:5,23; 134:25; 141:16,19,21; 142:7,11,19,24; 143:6,7; 146:13,17, 25; 147:16; 148:6,16, 22; 149:6,12, 20 superintendent 27:8; 81:14 supervised 86:9 support 5:2,17; 7:20; 16:8; 120:1 supposed 79:10 Sure 14:23; 26:10,15; 93:5; 95:25; 96:8; 98:9; 120:2,13; 152:20; 157:4; 164:15 surface 97:24; 98:20 surprise 166:1 surprised 47:21,25; 48:2 suspended 149:14 suspenders 67:24 Sutkass 50:22 swear 39:1 Sweden 120:14 swimming 54:20 sworn 3:2 symptom 160:18,162:5 symptoms 162:2 syndrome 161:4 system 59:1; 143:21; 144:12; 145:4,9; 162:12 systemic 115:18; 116:20,24; 117:5; 118:3, 16 T T's 163:2 Table 140.12 Taffee 48:20 talk 4:1; 12:9; 13:17; 23:11; 24:22; 57:19; 63:11:89:20; 109:21; 119:7; 126:10; 165:21 talked 12:11, 16; 14:6; 24:3, 11; 35:25: 47:2; 54:11:61:12; 67:3; 77:3; 92:25:93:15.17.23.23; 111:16: 117:25; 120:15; 146:3,9 talking 23:-; 25:12; 33:15,21:36:20:37:12; 41:1: 54:22:60:8:61:10; ~3:20:-5:8: ':22: ~9:18: 99:3, 3; 100:11; 102:16, 18; 103:17; 105:24; 124:10; 127:13; 133:2; 134:19; 142:13,14,16,17, 19,22; 143:9, 15; 146:17; 152:13; 164:14 talks 16:1,2:29:24; 31:15:36:4,6,7;38:11; 39:25:40:13; 46:3; 55:11; 62:16:87:1 tank 46:4, 5, 24; 50:7; 51:7; 103:4; 105:18; 146:9; 161:2; 162:7 tanks 13:23,24:22:10; 143:8 target 16:2; 90:2 task 80:17,17,18, 20; 81:1, 5,9,16;83:3,19,19 team 10:25; 56:4; 101:11; 123:21,24 Technical 27:9,11; 43:14,17,20; 48:17; 69:15;81:13,17; 100:24; 131:3,11; 135:6; 141:22; 167:14 technically 147:21 techniques 88:16 technology 55:12 teepee 85:1; 86:12 telephone 56:21; 74:19, 23; 75:3,10, 11 telephones 150:7,10 teletypes 150:9,11 telling 105:11; 123:22 tells 89:5 ten 16:2; 73:23; 78:7; 89:25:90:8,13 tenure 27:1; 44:22;74:4, 5; 102:21: 103:1; 124:11 term 143:11 termination 85:18 terms 4:23; 42:4,12; 89:14; 107:7; 141:25; 150:4; 152:16 terphenyl 16:3; 20:19; 21:4,7 test 100:18; 106:2: 124:18; 125:25; 126:3; 139:9. 13: 140:12 tested 39:11; 91:8:123:9 testified 3:3; 57:9; 104:5; 153:11, 15, 19; 155:3; 161:21 testify 18:14, 18 testimony 5:6; 6:3; 8:11, 16; 17:17; 18:16; 19:3; 24:20; 50:18; 51:22; 72:12; 78:18; 80:1;84:13; 89:12; 93:18; 94:9; 96:1,5, 9; 108:3; 119:22; 120:3,5; 162:8 testing 99:8,13; 101:25; 156:14 tests 140:15 theme 33:11 theory 58:17 therefore 148:17 thereto 171:8 thin 140:18 thinking 43:7; 54:7; 102:8 thinning 94:16 third 39:23; 40:12; 58:15; 109:13; 151:6 Thirties 118:3 thirty 58:10 though 60:22; 114:23; 121:25 thought 17:15; 22:7; 34:9; 52:16; 53:19,19,21; 55:4; 67:1; 75:8; 145:20; 147:10,23; 155:14; 159:23; 161:21 thousand 89:4 thousands 88:21,25; 90:15 threat 5:7; 16:21; 17:4; 18:8 threats 17:1,3; 42:24 three 58:8; 82:25; 128:16; 130:14; 144:8; 149:6,19; 155:21 throughout 15:17; 55:5; 82:18 tie 98:19 ties 34:6 timeframe 55:3; 101:19 times 144:9; 145:22; 153:19,22 timing 20:18 tissue 122:3 Tissues 62:24, 25;75:14 title 48:22; 104:20; 107:15, 17; 157:21 today 92:4; 96:2,17; 106:7; 164:15 told 6:11; 8:10; 12:12; 40:14; 70:3,7; 75:11; 84:11; 157:15 tolerable 168:8 ton 45:21, 25 took 62:5; 68:9,19; 76:17:99:21,23; 100:3; 107:10, 21; 115:14; 126:12; 139:2 top 48:18; 58:9; 84:4; 97:24; 156:13; 1 57:22; 161:14 topic 3:19 topics 3:12, 15 touch 77:21; 105:3 someone - touch (12) Min-U-Script BROWN REPORTING, INC. (404) 876-8979 WATER PCB-SD0000017553 WALTER OWENS, et aL v. MONSANTO COMPANY WILLIAM B. PAPAGEORGE, P March 13, 20 touched 26:1 14:130:14; 133:1 8^:21:90:1". 23 144:12 96:3, 5; 98:12; 99:16: toxic 28:5, 14; 128:24: types 51:9; 162:2 usage 45:20; 55:12 1 wastes 58:19:62:9,17. : 100:9:102:3,6,11; 129:7, 20 typewriting 171:8 use 9:2:16:4; 43:9: 48:5; 19; 105:12; 110:13 1 105:23:106:13; 108:2. < toxicity 49:11; 140:14: 158:16 toxicological 72:17 toxicology 124:17: 125:23; 141:12 trained 99:24 transcript l"i:6, ] l transfer 62:4, 5 transformers 163:25; 164:11 transmitted 151:24 trap 141:17 trash 86:10 travel 97:14 treated 88:15 trench 87:3 trenches 87:9; 98:17 trial 153:25:154:1,5 trials 154:11 tributary 60:23, 24 tried 45:25; 154:25 trigger 113:4 triggered 113:1,8 trip 77:22; 165:9 tripped 145:21,23 trips 78:16; 79:13 trough 144:24 trucks 79:2 typical 14:19: 116:2: 127:16 u U 145:21 unacceptable 51:5 unanswered 91:23 unaware 126:11 uncontrolled 147:8 under 52:7; 126:8; 129:17; 154:2; 155:6; 160:17; 162:6; 171:8 underground 142:8 underneath 142:21; 143:7,8; 144:19; 146:10 understandings 41:5 understood 90:21; 93:12,-156:3 undertaking 3:20 underway 105:8; 107.1; 140:15 unethical 129:14 unfit 31:16 uniform 52:8 union 14:9; 157:22 unique 68:16; 108:14 unit 4:11; 5:2; 9:24; 13:8, 51:9: 59:10:60:2.3.9: water 34:20; 60:5; 69:9; 64:2: 6":4: 88:3: 134:13; 79:19,19,24; 82:16, 19: 14" 20 87:9; 88.17; 97:21; 98:20, used 27:18:46:6:47:16; 110:3: 112:16; 135:20: 49:18. 22:60:4:70:18; 136:18,25; 137:8; 142:8; "2:21:85:19; 105:1; 1 1":3 144:6.12. 20; 147:11; useful 104:3 j user 115:24 uses 10:7 using 4":2; 55.22; 92:13; ; 125:4 usual 12:4 : Usually 113:4 . 159:16,22 | waters 88:13,14; 90:20, ! 24,25: 143:14 : watershed 110:7 j waterway 35:13; 132:18; 133:18:134:6,8,16; 147:14 waterways 27:15; 30:19; 35:2 V way 7:17; 19:14; 21:24; 44:24; 46:10; 68:3; 91:7, j V 145:20 11; 98:23; 99:25; 102:6; V-shaped 144:24 J vacuum 161:13 ; vapor 160:11,16,19; j 161:3:162:15 vapors 63:20; 160:24; 161:6,7 varied 86:17 various 10:24; 72:10 vent 162:7 verge 120:25 videoing 114:10 108:16; 123:11; 124:2, 130:12; 135.5; 138:3; 144:4; 150:6; 160:19 ways 117:3:124:3; 150:19 wear 64:6; 65:1; 67:10 wearing 65:5 weather 87:11; 131:21 week 78:6,8; 87.10; 121:19; 156:23 weekly 78:5;86:l6, 20 weeks 78:8; 121:14,16 \ 12,25:110:9,17:111:2 ; 112:2, 5,11.17; 113:1" j 20,23; 114:4.7, 11.15. 21.25; 1)5:6,8, 19; 116:22; 118:5. 1". 24: 119.2: 120:4.7, 11; 121:10; 122:4; 123:2, 17; 124:3,22; 125:5; 127:6, 10; 128:3; 129:1, 10. 17, 23; 130:22; 131:16; 134" 12,18; 135:10; 136:9; 137:23; 138:1; 139:24; 140:3,19,22; 141:9; 145:14, 25; 147:17; 149:22; 150:1,4,8, 12,18; 152:1; 153:2,13,17,24; 154:6,10; 155:3,25; 156:7; 160:6,21; 162.1, 22; 163:19; 164:1,12, 21; 165:21; 166:1,15; 167:11, 16 White's 7:23; 18:8; 161:22 whole 32:1; 82:4, 5,6; 153:16,17 whose 155:8 Widmark 120:15,17 WILLIAM 3:1 wind 97-. 18; 131:21 wish 50:1; 114:11 withdraw 165:18 true 52.2:61:23:67:8,17; 14; 22:13; 29:18; 52:5, 6; view41:15 I WELCH 171:21 withdrew 92:24; 93:1 71:3; 80:8; 119:25; 122:1; 150:16; 171:10 truthful 96:11 103:4; 142:21,23,24; 143:2,7; 144:20 United 34:3; 35:14 ! visible 17:2; 133:4, 11; 134:10:161:19 visits 128:16,19 welcome 16:24 well-designed 99:7 within 7:9; 8:18; 9:22,24; 79:7,7; 103:5; 121:14,19; 145:16 try 63:19, 20, 21; 88:18; 97:1; 119:1; 129:8, 16,21; 130:18; 135:2; 142:25 trying 12:22; 22:16; 29:5; 33:25; 42:21; 43:5,6; 53:16; 58:23; 61:17; 74:3; 88:20:89:21; 141:24; units 4:25; 10:10; 13:2 universities 7:19 University 30:18, 24 unknown 31:20; 32:11; 53:11 unless 161:19 visual 92:18; 133:3; 134:9 w W 48:20; 171:21 weren't 70:24; 84:20; 129:13 Westinghouse 167:23 WGK 16:22 what's 20:21;22:I5; 28:23 what-have-you 147:6 without 102.12; 130:10; 147:5 WITNESS 6:16;7:16; 8:14; 21:1,14; 25:3, 5,7, 15; 30:14; 32:3; 33:9; 34:5; 40:5,8; 44:24; 45:8,11; 50:6,16; 52:15; 53:25; 150:16; 167:22 Tucker 76:5; 123:24; 151:15 tumors 165:12 tuned 69:24; 70:1 turn 36:4; 77:14; 131:12; 144:21 unneeding 8:14 unusual 134:24 unwilling 33:17 up 22:9,13; 34:1; 41:4; 42:3; 46:16; 47:11, 13; 48:10, 18; 51:9; 59:18; 61:20,24; 62:9, 11,20; 67:18; 69:23; 70:9; 72:7; waders 68:4 Wait 131:16 walk 77:24; 160:25; 161:23,24 wants 81:22; 140:2 warehousing 86:9 warn 69:2, 10; 160:14 Wheeler 140:14; 141:14 Whenever 159:5; 164:14 whereabouts 156:10 wherever 61:5 WHITE 3:7; 5:25: 6:2, 11, 15, 24;7:12, 14; 8:2, 9, 15, 23: 11:12, 16; 12:22; 61:9,64:21; 65:23; 80:23; 81:24; 86:23; 93:9; 94:6; 95:2; 98:16; 102:14; 108:7; 110:16; 112:13; 114:8, 16; 115:10; 116:23; 118:18; 119:4; 124:15; 127:15; 130:25; 131:24; 132:3; 134:13, 23; 138:4; turning 129:6 turns 147:9 j 74:3,4, 5,8;75:14, 20, 23; 77:8, 16, 19; 78:4,9; Warning 69:14; 71:16; 116:3; 160:10, 15; 162:15 14:17, 23:15:4,14; 17:22, 25:18:12,15,19,23; 141:10; 145:16; 146:2; 150:3; 153:7; 154:1; two 3:10,12,15; 4:6,13, j 79:10,13; 80:4; 81:1,5,7, warnings 3:21; 71:13, 20:22. 25; 21:11; 22:22; 160:23; 167:19 14,17; 9:14; 13:2; 14:7; ! 8, 11, 12; 98:4; 99:24; j 18,24 25:1,4,6,14:28:20,23; wondered 145:23 41:9; 51:1,9; 78:8; 82:16, 18:84:14,18,21,22; 109:2: 113:2; 121:14, 16; 129:20; 130:17; 131:19; 132:8; 135:24; 145:15 two-phase 133:17,22; '42:24 ; i 100:7,-101:10,13; 204:18. 21,25; 114:14: 117:10; ; wash 46:4, 5.12, 24; | 47:7; 66:10; 79:20; 97:22 ! i 118:4; 120:15: 121:14; 130:8, 14; 134:25; 156:12, : i washed 88:11:97:8; 98:3; 102:22; 104:10, 15; I i 12; 159:6; 160:18; 161:11, 17; 163:21; 164:6; 166:11 ! 144:8 1 washing 46:13.14, 16; ; up-to-date 72:14; 147:5 1 89:7; 102:18,24 30.13; 31:25; 33:8, 21; j 34:4:35:3,9,15;38:9,19, I 25:39:3, 19;40:3;42:16, j 19; 43:18; 44:9,15:47:24; 49:23; 50:4,15:51:25; 52:12.-53:14, 18, 24; 57:8; 58:14; 59:6; 6l :7; 62:24; 64:16; 65:8, 21;67:14; wondering 7:3; 76:24; 81:5 wood 85:20,21 J wooden 79:1 word 9:3,47:16,48:5; j 59:10, 12,12; 60:24; | 70:18; 78:22; 84:6, 88:3; i>o-year 127:22 type 4:19; 9:22; 13:2; j upon 50:18; 72:11; 73:1; j 119:13; 171:12 ! waste 29:24; 46:21; 47:6; | 48:7,23.24:49:1:58:2; 68:4, 12; 69:6; 73:13, 20, 25; 74:4:81:22; 86:21; I 92:13; 125:2; 133:25; 134:2; 145:19; 147:20 27:24; 65:21; 66:23, 24; I upside 36:5 | 87:5; 104:10, 15. 23; S8:23; 89:9; 91:1; 92:9; words 7:11; 14:5; 57:14, 67:25;83:23,24; 118:13, I upstream 36:8, 22; i 105:18; 107:25; 133:2; I 93:5; 94:5, 24; 95:18, 20; 105:1,7; 115:21; 116:5, BROWN REPORTING INC. (404) 876-8979 Min-U-Script (13) touched - words WATER_PCB- WILLIAM B. PAPAGEORGE, P.E. March 13, 2001 23; 117:2,9,19 >' *' 29:25; 85:6; 93:11: . 167:9 worked 85:4, 12; 143:22: 157:23 worker 68:16; 139:19 workers 63:15,19;64:1. 2. 5. 10, 14:68:10.20. 21; 11 5:14; 117:22 working 85:9,10,15,1-, 86:2; 101:10; 135:16; 147:13; 163:16 164:2,18,22. 23; 165:23; 166:2, 19; 167:13. 17,21; 168:10 write 6:1; 44:11.12 writing 12:20; 13:5; 150:14; 166:22 writings 10:22; 11:20 written 10:19:12:6.8,9: 14:14; 20:21: 156:18,22 wrong 66:25: ~0:4: 101:24; 102:4 wrote 163:14 workplace 115:25 works 21:25 world 92:16; 128:8 worn 65:13 X 13:8 worry 55:1 worse 44:14; 78:23 wrap 74:3,4,5 Y WRIGHT 3:5,23, 24; 6:1, 4,18;7:2, 21;8:3,12,17, 20,25; 11:10,14,20; 12:25; 14:18,22, 24; 15:5, 8, 17,19; 17:24; 18:1,14, 18, 21,25; 19:2,4,11,13; y'all 102:7; 139:3; 145:15; 154:9,13; 155:1; 160:14 year 39:2; 43:4; 71:20; 79:5,8; 87:5; 155:11,16, 18,21,24;156:2 20:24:21:8,13,16; 22:24; years 9:13,14;44:1; 25:2,9,18; 28:21,24,25; 29:11; 30:16; 31:2,10; 48:2; 60:12; 85:6; 100:5, 11,17; 104:19,21; 106:5; 32:5; 33:13, 23; 34:9; 35:5, 107:4,9,22; 108:10,15, 11,16, 23; 38:10,24; 39:1, 21; 115:16; 122:9; 142:10; 4, 20, 23; 40:7,10; 43:10, 153:22:155:12,24 ',20, 22; 44:2,12, , ,:2,6, 9,13,15; 48:1, 15, 19; 49:25; 50:12,17; z 52:1,13,23; 53:16,20; 54:9; 57:10; 58:15; 59:8; zero 156:19; 164:16 61:8,12; 62:25; 64:17,24; 65:10, 11; 66:2; 67:16; 68:5,13; 69:8; 70:20; 73:15, 17, 23; 74:1, 5, 10; 76:3,11,17, 22; 77:11,13; 80:14; 81:25; 86:25; 88:25; 89:11; 91:2; 92:10, 11; 93:8; 94:7,18, 20; 95:7,19,21,22:96:4,7; 98:14,23:99:17; 100:10; 101:11; 102:4,9, 16; 105:25; 106:16; 108:4, 10, 13; 109:2,6; 110:11,19, 21; 111:25; 112:4,8,20; 113:18,21; 114:2, 5,9,12, 17, 23:115:3,7,11,13, 20; 116:25; 118:7, 19,25; 119:7; 120:6,9,13; 121:11; 122:5; 123:3,19; 124:4,6, 10,12,16,23, 25; 125:7; 127:8,12,20; ! 128:6.9:129:2,11,19,24; | 130:23; 131:2,7, 10, 18; i 132:1,4; 134:9, 15,19; ' 135:1. 11, 14; 136:10, 16; 137:25; 138:2, 5,8; 140:1, 4, 10, 23; 141:13; 145:18; ' 147:18; 148:11; 24; 150:6,9, 13,23; 1>_.2, 12; 153:4,8, 15, 18; 154:3.7, 13,21; 155:1,5; 156:1,9; 157:4; 160:7; 161:5; 162:4,23:163:20; work - zero (14) WALTER OWENS, et aL v. MONSANTO COMPANY Min-U-Script BROWN REPORTING, INC. (404) 876-8979 WATER PCB-SD0000017555 Lawyer's Notes water_PCB-SD00000 17556