Document LKB1OGRMGwKrK9xKvq3ngnX5z
TRAVELING TRANSCRfWf
1 IN THE UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF ALABAMA
2 EASTERN DIVISION
3
4 JOHN R. SWIFT and BARBARA SWIFT,
5 Plaintiffs,
6 v. CIVIL ACTION NO. : CV-97-AR-2430-E
7
8 MONSANTO CO., INC., et al,,
9 Defendants,
10
11
12 DEPOSITION OF JO HANSON
13 VOLUME I
14
15
16
17
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23
Repo ril'd i'v:
24 Mary Ann Smith. RPR
25 June 15, 1999
Oy U \ Sclafani Williams Court Reporters, Inc.
V J'yJr'--f Registered Professional Reporters Serving Central Morida
t.akeland ri o g
Tampa R.i rlmv
Sarasota St. IVtorsliurg
Winter Haven liiadentnn
HARTOLDMON0044449
JUNE IS, 1999CondenscltTMJO HANSON - VOL. I
IN THE UNITED STATES DISTRICT COURT
1 NORTHERN DISTRICT OF ALABAMA
Page 1
1
INDEX
2 EASTERN DIVISION 3
JOHN R. SWIFT Bod
4 BARBARA SWIFT,
2 WITNESS
3 Called by the Plaintiffs:
4 JO HANSON
PAGE
5 6 v.
Plaintiff!, CIVIL ACTION NO.: CV-97-AR-2430-E
5 DIRECT EXAMINATION 6 BY MR. STEWART...............................
5
77
8 MONSANTO CO., INC, Ct al., 9 Defendants. 10
8 9 10
11 12 DEPOSITION OF JO KANSGN 13 VDC.UMB1 14
11 EXHIBITS
12 (Attached)
13
14 Plaintiffs' Exhibit No. One................ ..152
15 15 16 16 17 17
18 18
19 19 20 20 21 21
22 22
23 24 Mary Ann Smith, RPR
23 24
25 June 15,1999
25
Page 3
l appearances
Counsel for Plaintiffs:
MR. DONALD W. STEWART 4 Stewart & Smith, P.C,
Attorneys at Law 5 1131 Leighton Avenue
Amrifton, Alabama 36201
MS. ELLEN B. MALOW 7 Kasowitz, Benson, Torres
& Friedman, L.L.P.
8 Attorneys at Law
700 Louisiana Street 9 Suite 2200
Houston, Texas 77002 10
Gomel for Defendant!:
ii
MR. WILLIAMS. COX, IH 12 Ltghtfoot, Franldin & White, L.L.C.
Attorneys at Law 13 The Clark Building
400 North 20th Street 14 Birmingham, Alabama 35203
15 MR. MICHAEL E. KELLY Smith, Helms, Mulliss & Moore, L.L.P.
16 300 North Greene Street Suite 1400
17 Greensboro, North Carolina 27401
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IN THE UNITED STATES DISTRICT COURT NORTHERN DISTRICT OP ALABAMA
2 EASTERN DIVISION
3 JOHN R. SWIFT and
4 BARBARA IWEFT,
5 Plaintiffs,
6 V.
CTVIT, ACTIONNO.: CV-9T-AR-343Q-E
7 MONSANTO CO., INC. et al.,
8 Defendants.
9
10
11 deposition of jo hanson
12 VOLUME!
13 pursuantto notice for the taking of the
14 deposition of jo hansok upon oral examination in
15 the above-styled cause, at the instance of the
16 Plaintiffs, for the purposes of discovery or use at
17 trial or both, pursuant to Federal Rules of Civil
18 Procedure and Alabama Rules of Civil Procedure,
19 proceedings therefor were held before Mary Ann
20 Smith, Registered Professional Reporter and Notary
21 Public in and for the State of Florida at large, at
22 Sclafani Williams Court Reporters, Inc., SouthTrust
23 Bank Building, 1800 Second Street, Sanuota,
24 Florida, on June 15,1999, commencing at 9:56 a.m_
25 thereupon, the following proceedings were
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1 had and taken:
1 manufacturing facilities in Texas.
2 MR. STEWART: Do you all want the usual
2 Q, Were PCBs involved?
3 stipulations?
3 A. They were not an issue at that site.
4 MR. COX: That's fine. You may need to
4 Q. When you say Motco, is that the name of
5 tell her what they are. At a break we can
5 the subcontractor?
6 tell you what they are.
6 A. No. Motco is the name of the superfund
7 MR. STEWART: There is one other
7 site.
8 stipulation in addition to the usual
8 Q. Where is the superfund site located in
9 stipulations that I want to put on the record.
9 Texas?
10 and that is that this deposition, subject to
10 A, Lamarque, L-A-M-A-R-Q-U-E.
11 you all's caveat that subject to the stay
11 Q. When you say the incinerator, what
12 that's entered by the state supreme court, can
12 incinerator are you referring to?
13 be used in the other cases, the Abernathy case
13 A. There was an incinerator being built on
14 and the other cases filed in state court
14 site to incinerate the material in the ponds.
15 against Monsanto.
15 Q. Who was building that incinerator? Who
16 MR. COX: That's fine.
16 was funding the building of that incinerator?
17 JO HANSON, called as a witness by the
17 A. Lamarque is the superfund site. It was
18 Plaintiffs, having been first duly sworn, testified
18 the first in the nation to get joint funding from
19 as follows:
19 EPA and about six or eight PRPs.
20 DIRECT EXAMINATION
20 Q. Was Monsanto one of those?
21 BY MR. STEWART:
21 A. Monsanto was one of the PRPs.
22 Q. Please introduce yourself to the ladies
22 Q. Who else was involved in funding the site,
23 and gentlemen of the jury.
23 what other PRP7
24 MR. COX: State your full name.
24 A. A lot of the petroleum companies down
25 Q. State your full name.
25 around that area. I can't --
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1 A. I'm Joe Schweikcrt Hanson.
1 Q. Do you remember any of them?
2 Q. And, Mrs. Hanson, I'm Donald Stewart and
2 A. Not -- no. I can think of some of them,
3 I'm one of the attorneys representing the
3 but I'm not sure they were PRPs. I mean, if you
4 plaintiffs in this case in Anniston against
4 have ever been to Galveston, or Texas, they line
5 Monsanto. Ellen Malow is also an attorney
5 the coast.
6 representing the plaintiffs. Have you ever given a
6 Q. Ma'am?
7 deposition before?
7 A. They line the coast down there. So there
8 A. Yes.
8 is probably --
9 Q. Can you tell us when you gave those
9 Q. I've been in Houston and I have been in
10 depositions? How many times have you done that?
10 Galveston.
11 A. Once.
11 . A. There is twenty-five or thirty within that
12 Q. And what case was that involved? Was that
12 area. I'm not sure which ones exactly were the
13 involved in this case?
13 PRPS.
14 A. No.
14 Q. What part did Monsanto play in building
15 Q. What case was that in, Mrs. Hanson?
15 the incinerator? Did Monsanto contribute to the
16 A. Motco superfund site.
16 funding of that incinerator?
17 Q. It was a superfund site?
17 A. Yes, they were one of the PRPs paying for
18 A. (Witness nodding head.)
18 the remediation.
19 Q. What was the substance or toxic chemical
19 Q. Do you know what part or what portion of
20 that was involved in that superfund site?
20 the funding was paid for by Monsanto?
21 A. Well, that suit was between the contractor
21 a. I don't remember.
22 and Monsanto over a building incinerator. It had
22 Q. Was it a half or more than a half?
23 nothing to do with what the chemicals were.
23 A. Oh, it was less than that.
24 Q. What were the chemicals?
24 Q. Ma'am?
25 A. Mostly organic volatiles out of the
25 A. It was less than that.
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1 Q. A third?
1 think he was at the Chocolate Bayou plant.
2 A. I think EPA was thirty or forty percent,
2 Q. Was he from Saint Louis or is he at some
3 and the other PRPs all had a piece of it I don't
3 other plant or facility?
4 remember exactly.
4 A. He was originally in the Chocolate Bayou
5 Q. And what was the basis -- I mean, what was
5 plant in Alvin.
6 the substance of your testimony in that case? 7 A I was involved in some of the early 8 characterization at the site. 9 Q. And what else did you -- what did you talk 10 about in connection with that? What did you 11 testify about? 12 A. The materials that were in the pond, what
6 Q. In Alvin, Texas?
7 A. Uh-hum.
8 Q. You're saying something. How do you spell
9 that plant, Choco Bayou?
10 A. Chocolate.
11 Q. Chocolate?
-
12 A. Like a chocolate candy bar.
13 we did in the early days when we were 14 characterizing the site. 15 Q. What materials did you talk about were in
13 Q. So he was working in that plant and then 14 went over and supervised the construction of the 15 incinerator?
16 the pond and what did you -- 17 A Mostly volatile organics. There were a 18 lot of styrene monomers, all the plastics
16 A. He was involved. I'm not sure he was the 17 direct supervision of the construction, but he was 18 involved in the project
19 manufacturing and all the petrochemical stuff down 20 there. I don't remember all the chemicals.
19 Q. And then Loretta Anderson, where did she 20 work?
21 Chlorinated solvents.
21 A. She also came out of the Chocolate Bayou
22 Q. You say you characterize a site or 23 assisted in characterizing the site. What exactly 24 did you do in connection with that site?
22 plant. 23 Q. Are they still working, to your knowledge, 24 for Monsanto?
25 A. My job was to oversee the consultants that
25 A. I believe Mr. Williams is retired and
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1 were doing the sampling in the ponds.
1 Loretta left ten years ago. I don't know where she
2 Q. Who did sampling for you there?
2 is now.
3 A I'm not sure who did all the sampling.
3 Q. What about Ken Winkler?
4 When I got involved in the project. Woodward Clyde 4 A. He is retired.
5 in Houston was working on the supplemental RFI or
5 Q. Where was Mr. Winkler from?
6 SFI, or whatever that document is in superfund 7 terms.
6 A. He was out of Saint Louis. 7 Q. What was his position with the company?
8 Q. Were you a project manager for that site
8 A. At that time, I believe he was project
9 for Monsanto?
9 manager also.
10 A. For that piece of the project, yes,
10 Q. And when was this that you gave the
11 managing, getting the documents together,
11 deposition in that case?
12 Q. And as project manager, in addition to
12 A. Probably -
13 overseeing the consultant, did you also oversee the 14 construction of this incinerator?
13 Q. Do you remember the year? 14 A. Probably '86, '87.
15 A. No, I was not involved in the incinerator 16 at all. 17 Q. Who was from Monsanto? 18 A. Dick Williams and Loretta Anderson and Ken 19 Winkler, I believe, was still down there at that
15 q. What was the nature of the complaint, were 16 you all upset with what the construction company 17 had done as far as building the incinerator, was 18 there some dispute about that? 19 A. Yeah.
20 time. 21 Q. Who was that? 22 A. Ken Winkler. 23 Q. And where was Mr. Williams located, where 24 was his offices, Dick Williams? 25 A. I'm not sure where his office was. I
20 Q. Do you remember who represented Monsanto 21 at the time, the lawyers who represented Monsanto? 22 A. No. Somebody in downtown Houston. 23 Q. Would it have been Woodard, Hall and Prim? 24 A. I don't think they were representatives in 25 that case. They worked on some of the sites, but I
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1 don't think they were --
1 Q. Hie construction of what?
2 Q. They were not involved in that one?
2 A. Well, the actual work taking PCBs out.
3 A. I don't think so.
3 demolishing the rest of the building and capping
4 Q. Did you receive a copy, or did Monsanto
4 it.
5 receive a copy of your deposition?
5 Q. What regulatory agency were you working
6 MR. COX: object to the form.
6 under in Everett Massachusetts?
7 A. I'm sure I did, yeah.
7 A. The state. It was a state voluntary
8 Q. Did you keep a copy of it?
8 cleanup.
9 A. No.
9 Q. State of Massachusetts?
10 Q. And it's your testimony here today that
10 A. (Witness nodding head.)
11 you have not given a deposition in this case7
11 Q. What is the environmental protection
12 A. That's true.
12 agency known as there, do you know, do you
13 Q. Is this the first case you have been
13 remember?
14 involved in or situation you have been involved in
14 A. Massachusetts. I don't know if they're
15 where PCBs were involved?
15 DEP. Do you guys know? I don't remember. I don't
16 A. It's not the first project I worked on,
16 remember. Whatever the state agency is.
17 no.
17 Q. What was the year?
18 Q. What are the projects that you have worked
18 A. '91.
19 on where PCBs were involved?
19 Q. Did you do a report on that site?
20 , A. I worked on a site in Everett,
20 A. I didn't.
21 Massachusetts.
21 Q. Who did?
22 Q. What was the nature of your involvement
22 A. Well, the consultant who had characterized
23 there?
23 the site did a report.
24 A. I was the project manager on a project to
24 Q. Who was that?
25 go in and remove sludge that was contaminated with 25 A. GZA. They were -
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1 PCBs under a building, and we demolished what was
1 Q. Go ahead.
2 left of the building and capped the site.
2 A. They did a report that went to the state
3 Q, When did this take place?
3 after the project was finished.
4 A. '91,1 believe.
4 Q. Who were you reporting to in '91 as the
5 Q. And how is it that Monsanto happened to be
5 project manager on that site?
6 involved with the PCBs that were in the sludge?
6 A. My immediate supervisor at that time was
7 A. That was the site, the Monsanto
7 either Jeff Waldbeser or Bruce Yare. I'm not sure.
8 manufacturing facility.
8 Q. Jeff?
9 Q. Was it. a manufacturing facility that
9 A. Waldbeser, W-A-L-D-B-E-S-E-R. Or Bruce
10 manufactured PCBs?
10 Yare.
11 A. No, that used PCBs.
11 Q. How do you spell the last name there?
12 Q. For what?
12 A. Y-A-R-E.
13 A. I think heat transfer fluids.
13 Q. And what position did either Mr. Waldbeser
14 Q. What was actually manufactured there, did
14 or Mr. Yare hold, what was their position?
15 they actually make heat transfer fluid at the site?
15 A. They were the managers of the group I was
16 A. No, they made plasticizers.
16 working in.
17 Q. How did the PCBs happen to wind up under
17 Q. Of the group you were -- what was the name
18 the building?
18 of the group you were working in?
19 A. I have no idea.
19 A. Well, at one point, we were environmental
20 Q. So what you did with that was you went in
20 technology and then we became remediation
21 and characterized the site, is that what you did
21 technology. And I'm not sure of the dates when
22 first?
22 that change occurred, but I think in five years we
23 A. No. The plant people had already
23 were about three different names.
24 characterized the site and I went up there just to
24 Q. Still the same group of people?
25 supervise the construction.
25 A. Yeah.
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1 Q. Just renamed in the company?
1 that shuffle was made after Mr. Laffery left?
2 A. Yes.
2 A. I think somewhere in that shuffle our
3 Q. And, of course, that was in Monsanto
3 group moved from Mr. Proctor to Mr. Foresman.
4 company, is that not correct?
4 Q. Michael Foresman?
5 A. Yes.
5 A. Yes.
6 Q. Who did Mr. Waldbeser or Mr. Yare report
6 Q. Who did Mr. Foresman report to, directly
7 to?
7 to Mr. Shapiro?
8 A. Stan Proctor was the director of
8 A. No, originally to Garth.
9 environmental technology.
9 Q. Originally to --
10 Q. And who did he report to?
10 A. Mr. Fort and then to Mr. -- I don't know
11 A. I'm sony, engineering technology.
11 who he reports to nowr
12 Q. Ma'am?
12 Q. Well, who was the person that Mr. Foresman
13 A. Stan was director of engineering
13 reported to, to Mr. Shapiro?
14 technology.
14 A. No,
15 Q. Who did he report to?
15 Q. No one reports to him, he just sort of
16 A Probably Tom Laffery at that time, but I'm
16 sits up there and puts paper clips together during
17 not sure.
17 the day, or do people actually talk to him at a
18 Q. What was Mr. Laffery's position?
18 point from time to time?
19 A. He was one of the vice presidents.
19 A I'm sure there are people that actually
20 Q. And to whom did he report?
20 talk to him, but there is probably three layers in
21 A 1 don't remember.
21 there between Foresman and Shapiro.
22 Q. Would he have reported to the president of
22 Q. Is there some contact though that is made
23 the company?
23 with Mr. Shapiro from time to time about major
24 A. I don't think so. I think he reported to
24 remediation projects?
25 one of the other vice presidents.
25 A. I'm sure there is.
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1 Q. He was a lesser,vice president and would
1 Q. Would Anniston be one of those, a major
2 have reported to another vice president?
2 remediation project, Mrs. Hanson, based on your
3 A I think so. I don't remember. Monsanto
3 experience with that?
4 has changed and reorganized so often in the last
4 MR. COX: object to the form.
5 fifteen, twenty years, it's hard to keep up with
5 Q. Would it not be? You can answer,
6 who is where.
6 Mrs. Hanson. He has to do that because he has to
7 Q. Who was president of the company at that
7 justify his trip to Sarasota.
8 time?
8 A. I'm sure that Mr. Shapiro was aware of the
9 A The president. I'm not sure. CEO was
9 Anniston project, yes.
10 either - who was the guy before Shapiro. Whoever 10 Q. And how would he have been aware of the
11 was CEO before Shapiro. I don't remember.
11 Anniston project, Mrs. Hanson?
12 Q. When did Shapiro come in?
12 MR. COX: object to the form.
13 A. I don't know. '95, '94. I don't know.
13 A. At some organization through there, some
14 Q. Did these people report to him, Tom
14 step up through the organization I'm sure he knew.
15 Laffery, and the vice president that Mr. Laffery
15 Q. A report would have to go across his desk?
16 reported to report to Mr. Shapiro once Mr. Shapiro
16 A. I would think so.
17 came in?
17 Q. And who would have prepared that report?
18 A. I think Mr. Laffery retired before
18 Would that have been a report that you prepared
19 Mr. Shapiro came in.
19 with some other people?
20 Q. Who replaced him?
20 A. Not likely.
21 A I don't think he was replaced. I think
21 MR. COX: object to the form.
22 that spot was eliminated and everybody got shuffled 22 Q. Would it have been a report that perhaps
23 around again.
23 Mr. Foresman might have made as a result of the
24 Q. Who did the immediate supervisor that
24 work that you did and others did?
25 Mr. Proctor, or his replacement, report to after
25 MR. COX Object to the form. -
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1 Q. You may go ahead and answer,
I located in relationship to Saint Louis?
2 Mrs. Hanson.
2 A. 1700 South Second Street.
3 A. I would think that any report that a
3 Q. Actually in Saint Louis?
4 consultant that I worked for would not get to
4 A. Yes.
5 Mr. Shapiro in that detail. 1 would suspect that
5 Q. Were PCBs manufactured at that site?
6 Mr. Foresman or somebody at his level or higher
6 A. No.
7 would have summarized that report to go to
7 Q, What were PCBs used for at that site, in
8 Mr. Shapiro.
8 the manufacturing process?
9 Q. For his consideration?
9 A. Well, they were blended and drummed or
10 A. Yes.
10 canned at that site.
11 Q. Now, you were telling us about the PCB
11 Q. Where had those PCBs that were blended and
12 site that you had worked on before the Anniston
12 drummed and canned been manufactured, if you know.
13 site or at the time you were with the company. You 13 Mrs. Hanson?
14 mentioned Everett, Massachusetts. What other site
14 A. I would think one of the two sites where
15 did you --
15 we made PCBs.
16 A. Saint Louis, Missouri, the Queeny plant.
16 Q. Either Sauget or in Anniston, is that
17 Q. When did you work on that?
17 correct?
18 A. Probably '89 and then again in '93,1
18 A. Yes.
19 believe.
19 Q, When you put the report together, to whom
20 Q. What was the nature of the work that you
20 did you provide that report in 1989?
21 did at the Queeny plant in Saint Louis in '89?
21 A. The plant staff, the plant manager.
22 A. Well, I was down there twice. We were
22 probably the manufacturing superintendent. I'm
23 doing a RCRA facility investigation. I think we
23 sure a copy went to general offices somewhere.
24. did some preliminary work in '89 and we went in
24 Q. A copy went to general office?
25 again in '93 and did a second phase of the report.
25 A. (Witness nodding head.)
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1 At one point we were looking for the source of some 1 Q. What type sampling was done? You
2 PCBs that turned up in their clarifier, floating.
2 mentioned a number of samples were taken.
3 Q. Turned up in what?
3 A. We took soil samples, water samples.
4 A. Their clarifier from their wastewater
4 Q. Who did that sampling for you, did you do
5 discharge.
5 it yourself or did you hire somebody to do it?
6 Q. The wastewater discharge from the Queeny
6 A. At that time, I believe the plant
7 plant?
7 technicians did most of the sampling.
8 A. Yes.
8 Q. Do you remember what regulatory agencies
9 Q. Would that have been in '89?
9 you provided that information to?
10 A Yes.
10 A, I don't think --1 don't remember that
11 Q. Did you prepare or assist in preparing a
11 there was any report at that time.
12 report as to what you all found in 1989?
12 Q. You mentioned, and maybe I misunderstood.
13 A. I probably assisted in the report, yeah.
13 that there was a RCRA?
14 Q. Who else was involved in preparing that
14 A. In '93 we were working on the RCRA
15 report that you all did at the Queeny plant?
15 facility investigation.
16 A. Bob Boland was the plant environmental
16 Q. I misunderstood you. I thought you
17 superintendent at the time.
17 indicated that happened in '89. But it's actually
18 Q. How do you spell that last name?
18 in '93?
19 A. B-O-L-A-N-D.
19 A. (Witness nodding head.)
20 Q. And what was the substance of the report
20 Q. Was this an internal investigation that
21 that you all prepared?
21 was conducted in 1989, you didn't have any
22 A. Basically that we had looked through all
22 regulatory agency involved at that time?
23 the sewers and sampled everywhere we could think to 23 A. No.
24 sample and didn't find any source.
24 Q. Did you report it at all to any regulatory
25 Q. Now, where exactly is the Queeny plant
25 agency the fact that you all were concerned about
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1 the fact, the problem with PCBs in '89?
1 Q. And you all got around to doing the RCRA
2 A. I don't know if the plant people reported
2 investigation. Had you done some previously or
3 to any agency or not
3 before there on the Queeny plant?
4 Q. Based on your experience and knowledge,
4 A. I don't know. I hadn't worked at the
5 were you required to, in '89, report occasions when
5 Queeny plant before that.
6 you all felt that PCBs might be getting into the
6 Q. Were you project manager on that
7 wastewater that would leave the plant site?
7 investigation?
8 A. They were not leaving the plant site. We
8 A. Yes.
9 sampled the water that left.
9 Q. Tell us what you did in your position as
10 Q. Had you found that they were leaving the
10 project manager on the RCRA investigation in '93?
11 plant site, would you not have been required to
11 A. It was my job to make sure the consultant
12 report that at that time in '89?
12 got the work done, to coordinate the proper
13 MR. COX: object to form. Go ahead.
13 internal Monsanto specialist that reviewed the work
14 A. Had they been leaving the plant site, yes,
14 plans and put the work plans together with the
15 I believe we would have been required to report
15 consultants, reviewed reports when they were done
16 Q. Who would you have been required to report
16 in a timely manner so that we met all the deadlines
17 that to in'89?
17 for the agency.
18 A. The city, because the wastewater goes to
18 Q. What work? When you're saying work done,
19 die city. And I'm sure EPA and DNR in Missouri.
19 what do you mean? What work was done at the plant
20 Q. And what?
20 in the RCRA?
21 A. I believe Missouri is DNR, Department of
21 A. We sampled most of the old manufacturing
22 Natural Resources.
22 areas.
23 Q. Would that have been true in '84 or '85?
23 Q. When you sample, you say you did soil
24 Would you have been required to report the
24 samples?
25 off-migration of PCBs from the site to those same
25 A. Soil, groundwater.
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1 people if that had occurred at the Queeny plant in
l Q. Was a report prepared on the Queeny
2 '84 and'85?
2 plant?
3 A. I don't know.
3 A. Yes.
4 MR. COX: same objection.
4 Q. And who was the author of that report?
5 Q. Ma'am?
5 Were you involved as one of the people who put that
6 A, I don't know. I don't remember dates of
6 report together?
7 TOSCA and all that exactly, but probably.
7 A, I was over site to make sure that -- the
8 Q. What did you all do in '93 in the RCRA,
8 consultant actually prepared the report. I made
9 how did it come about that you all did that
9 sure that the correct internal people reviewed the
10 investigation? I believe you called it an
10 report.
11 investigation, is that correct?
11 Q. Who were they?
12 A. RCRA Facility Investigation, RFI.
12 A. Let's see. At that time, I believe Dale
13 Q. And how is it that you all happened to do
13 Wilson was our hydrogeologist
14 that? Were you required to do that by -
14 Q. Was he in Saint Louis?
15 A. I believe all manufacturing facilities
15 A. Yes.
16 eventually have to do RCRA Facility Investigations.
16 Q. When you say internal people, you mean
17 Q. And you all were doing that at Queeny in
17 people at the office in Saint Louis who would
18 '93?
18 review that?
19 A. Yes.
19 A. Right.
20 Q. And when was the legislation enacted that
20 Q. Dale Wilson was a hydrologist?
21 required you all, or regulation enacted that
21 A. Hydrogeologist.
22 required you to do that, if you recall?
22 Q. Okay. Thought for once I had got some of
23 MR. COX: Object to the form.
23 those ists right. Who else reviewed it?
24 A. I don't know. Sometime in the '70s or
24 A. I think Bruce Yare reviewed it
25 '80s.
25 Q. Who else?
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I A. I'm trying to think who was in the group
1 concern.
2 at that time. Probably Kimberly Perry.
2 Q. What was done at the site to prevent
3 Q. And what was Ms. Perry? We know what
3 exposure in the future?
4 Mr. Yare was. What was Ms. Perry?
4 A. Like I said, most of it is in an area that
5 A. Kim's background is environmental science.
5 is now paved. We submitted the report to the EPA.
6 Q. What was her position?
6 And when I left in '97, we had yet to receive a
7 A. She would have looked at probably some of
7 response from the EPA.
8 the data quality, some of the sampling techniques.
8 Q. Was there some recommendation made by
9 Q. Do you remember the consultant that did
9 either state or federal regulators as to what you
10 the work for you?
10 should do?
11 A Gaiety and Miller.
11 A. No.
^
12 Q. Did they do a good bit of your work at
12 Q. So the report had not been accepted when
13 that time?
13 you left?
14 MR. COX: object to the form.
14 A. I'm not sure accepted is the right term.
15 A On that project they did most of die work.
15 We had submitted die report We were still trying
16 yeah.
16 to get a response from EPA. The Queeny site is not
17 Q. How much work did they do for Monsanto, if
17 real high on their list of priorities in that
18 you recall, at that time? At plant sites that you
18 region. We often submitted things that sat
19 were involved in, did they ever come in and do the
19 Q. What was your recommendation that be done
20 work?
20 at the site?
21 A. I know they worked at Queeny and on the
21 A. The facility investigation does not make
22 Sauget sites. They did odds and ends in a lot of
22 any recommendations, it simply reports what is
23 the sites, but so did a lot of other consultants.
23 there, characterizes the site.
24 I mean, Monsanto never had a primary consultant.
24 Q. So you made no recommendation as to what
25 It depended on the region and where they were.
25 should be done one way or the other?
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1 Q. What was the finding of this group who
1 A. That's not the process.
2 worked at Queeny in '93?
2 Q. Did the company ever make a
3 A. We reported all the constituents that were
3 recommendation, ever say what they felt like should
4 found in the soil samples. Queeny has been there
4 be done at that site?
5 since 1902. There is a lot of old manufacturing
5 A. Not when I left.
6 units. We sampled most of them.
6 Q. So they had no recommendation?
7 Q. Did you find PCBs there?
7 A. Not at that time.
8 A. Yes.
8 Q. Tell me, if you would, was there some
9 Q. What were the levels?
9 title for that report, '93 Queeny report, rcra
10 A. I don't remember.
10 report or investigation? If I asked for that
11 Q. You don't remember any of the levels that
11 report, how would I?
12 you found in the soil samples that you took at
12 A. Queeny RCRA Facility Investigation.
13 Queeny?
13 Q. Queeny RCRA Facility Investigation. That
14 A. Not exactly. I mean, they were probably
14 would be dated in '93?
15 more than a hundred.
15 A. I think so. It might have been '94 before
16 Q. A hundred?
16 we actually submitted the report.
17 A. Parts per million.
17 Q. And that was submitted to EPA and also to
18 Q. What happened in the soil that had more
18 the state?
19 than a hundred parts per million in it?
19 A. I believe the state got a copy of it. EPA
20 A. As far as I know, nothing.
20 was the primary agency responsible for that site.
21 Q, Nothing?
21 Q. Why?
22 A. It's in an area --
22 A. You would have to ask the state and the
23 Q. Was any soil removed from this plant site?
23 EPA. They argue back and forth all the time over
24 A. No. It's in an area that is mostly paved
24 who had which sites, but, at that time, EPA was the
25 now and the rail road tracks. It's not an exposure
25 primary responsibility we reported to.
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1 Q. Is that because the federal government
1 A He is a Monsanto attorney.
2 felt like Monsanto, because of its presence in
2 Q. Monsanto attorney?
3 Saint Louis, had too much influence with the state
3 A. Yes.
4 agency?
4 Q. And is he from Saint Louis, is he
5 MR. COX Object to the form.
5 in-house?
6 A. I have no idea. At that time, DNR was not
6 A. He was.
7 geared up to do these sites.
7 Q. Who else was there that you recall?
8 Q. What I'm asking though is, did you all
8 A That's all, I think.
9 have so much influence because of the presence of
9 Q. Who initiated that meeting when you were
10 Monsanto, that being toe headquarters and
10 talking with the state regulators and the federal
11 everything, that the federal government felt like
11 regulators, do you recall who caused that meeting
12 it would be best to regulate it themselves?
12 to take place?
13 MR. COX: Object to form.
13 A I believe EPA called us, said they wanted
14 A. I don't have any idea what the federal
14 to talk since they had the report for a long time.
15 government thought When I left, there was talk
15 Q. And they wanted to talk?
16 that DNR was going to pick up that site because
16 A. Because they were talking about picking it
17 they had more people and they were getting ready to 17 up and doing something with it and that DNR was
18 take over the RCRA program.
18 interested in taking over the site.
19 Q. And that was in when?
19 Q. Now, tell me, had there been same
20 A I left in May of '97. So we had --
20 complaints about the Queeny plant site by residents
21 Q. So Missouri had gotten up to speed at that
21 who live in and around that site?
22 point in time to take over toe RCRA site in 1997
22 A. No.
23 from the federal government, the State of Missouri? 23 Q. Are there people who live in and around
24 A. We had a meeting early in '97 with both
24 that plant site, Mrs. Hanson?
25 EPA and DNR and there was some discussion at that
25 A. Not on any of the immediate boundaries,
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1 point that DNR might pick up responsibility for the
1 no.
2 site. I left before that was resolved.
2 Q. How far are residences located from that
3 Q. When you say we had a meeting, who was
3 plant site, if you know?
4 involved in the we, Mrs. Hanson?
4 A. Probably six blocks.
5 A The plant environmental superintendent, I
5 Q. Did you all find in your report that there
6 believe Dale Wilson was at that meeting with me. I
6 had been an off-migration of PCBs from that plant
7 was there.
7 site?
8 Q. Who from the regulatory agencies were
8 A. pcbs, no, I don't think so.
9 there?
9 Q. Did you do any soil sampling on any of the
10 A The project manager from EPA.
10 areas that were contiguous to the plant, but that
11 Q. Who was that?
11 were not owned by Monsanto?
12 A. They had recently changed project
12 A. We wanted to do some sampling in the rail
13 managers. I don't remember. Kimberly something. 13 yard in the east and the railroad wouldn't let us.
14 And the state, or the EPA hydrogeologist
14 Q. Why is it that you wanted to do some
15 Q. Who was that?
15 sampling in the rail yard to the east of the plant?
16 A. Randy Rordon.
16 A. Groundwater flows toward the river.
17 Q. Who else was present?
17 Q. What river is that that the groundwater
18 A. The guy from DNR.
18 flowed to?
19 Q. Do you remember what his name is?
19 A. The Mississippi.
20 A. No. That's the first time I had ever seen
20 Q. So there was some concern on Monsanto's
21 him.
21 part that they might have contaminated the ground
22 Q. Anybody else present?
22 and contaminated the Mississippi River?
23 A. I believe Peter Wright may have been
23 MR. COX: object to the form.
24 there.
24 A. We were trying to characterize the site
25 Q. Who is Peter Wright?
25 and determine the extent. That's part of the
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1 requirement.
1 Q. How did you know that?
2 Q. So there was some concern on Monsanto's
2 A. When we were working on projects at
3 part that there might have been some contamination
3 Anniston we did air sampling.
4 that had left the plant site and perhaps
4 Q. When did they do air sampling?
5 contaminated the river?
5 A. On the west-end landfill, on the east side
6 MR. COX: object to the form.
6 when we were doing the pond.
7 A. Part of the requirement of completing a
7 Q. When was that, what year was that?
8 RCRA facility investigation is to characterize the
8 A. The west-end landfill we did fall of '95,
9 extent of any materials that had moved. We had
9 spring of '96. The pond on the east side was '96.
10 wells along the plant boundary. There was
10 Q. Who did that air sampling?
11 materials in them. We wanted to sample to the east
11 A. The contractor.
^
12 on the rail yard and the railroad refused to give
12 Q. Do you remember the contractor's name?
13 us permission to sample.
13 A. Westinghouse Remediation Services.
14 Q, What materials were there?
14 Q. Was that at the request of Monsanto?
15 A. Chlorobenzene, benzene, a lot of
15 A. It was part of the health and safety plan
16 chlorinated solvents, volatiles.
16 for the project.
17 Q. What are volatiles? You keep saying
17 Q. And who were those results given to?
18 volatiles.
18 A. ADEM.
19 A. Volatile organic chemicals.
19 Q. adem has that. And did you aU keep 3
20 Q. Are PCBs considered a --
20 copy of it?
21 A. PCBs are not volatile.
21 A. Yes.
22 Q. Are they considered to be a semi-volatile
22 Q. And for what period of time did you all --
23 organic chemical?
23 you say the fall of '95. How many months did you
24 A. PCBs don't volatilize.
24 all take samples of that?
25 Q. They do not volatilize. Who told you
25 A. I think we actually started
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1 that?
1 construction --1 think Westinghouse came to the
2 A. I'm not sure I could name a specific
2 site in late September and it rained until about
3 person that told me that.
3 the middle of November.
4 Q. One wouldn't find them in the air?
4 Q. Late September of 1995?
5 A. Not as PCBs.
5 A. I think so.
6 Q. Ma'am?
6 Q. That's on the west-end landfill?
7 A. No.
7 A. Yes.
8 Q. That's your understanding of it?
8 Q. And you took air samples then?
9 A. Yes.
9 A. Well, like I said, it rained until
10 Q. And did you acquire that from somebody
10 probably the middle of November, so we didn't do
11 that was connected with Monsanto, that knowledge? 11 much of anything until it quit raining.
12 A. Again, I can't tell you. I mean, that's
12 Q, And in the middle of November of '95 you
13 been years. I can't tell you specifically who. I
13 took air samples?
.
14 have a degree in chemistry. I understand the
14 A. Whenever we started construction we
15 chemistry. They're heavy organic chemicals. They
15 routinely took air samples, yes.
16 typically don't -- they don't volatilize. They're
16 Q. And did you continue that until you
17 too heavy.
17 completed that?
18 Q. And if Monsanto's air samples had
18 A. Yes.
19 indicated that there was a presence of PCBs in the
19 Q. In '95. Well, when did you complete
20 air that people were breathing around the Anniston
20 that?
21 plant, you wouldn't have any idea where that came
21 A. Sometime early mid '96,
22 from?
22 Q. And what about the -- you mentioned the
23 MR. COX: Object to the form.
23 work that was done elsewhere other than the
24 A. I don't think we found any PCBs in any air
24 west-end landfill. What was the time frame for
25 samples.
25 that work, about the same time frame for the
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1 testing that you did, the air testing that you did?
1 A. There were PCBs in die landfill, yes.
2 ' A. The pond on the east side I started
2 Q. Can you give me some idea of the size of
3 sometime in '96 after we finished the landfill.
3 the landfill that you were looking at?
4 I'm not sure of exact dates.
4 A. Twenty-three acres, I believe. Something
5 Q. Maybe mid *96?
5 like that
6 A. Sometime in there, yeah.
6 Q. And do you have any idea as to how many,
7 Q. And you took air sampling beginning then?
7 the amount of PCBs that were buried in that
8 A. Throughout that construction, yes.
8 landfill? Did you all ever make a determination
9 Q. Until you completed that construction?
9 to --
10 A. Yes.
10 A. No.
11 Q. Do you remember when that was? Just your 11 MR. COX: Make sure you let him finish
12 best judgment, Mrs. Hanson.
12 his questions.
13 A. Late '96.
13 Q. Do you know how many cells were contained
14 Q. And those air samples as well were
14 or in those landfills?
15 provided to adem?
15 A. No.
16 A. Yes.
16 Q. What did you all do in order to
17 Q. Anybody else?
17 characterize that? Just tell me what you did in
18 A. At that time, 1 suspect ADPH got copies.
18 order to characterize that site.
19 I don't know if EPA got copies or not.
19 A. The landfill had been capped in 1989 or
20 Q. You're talking about the Alabama
20 '90 with three to six feet of clay. The Illinois
21 Department of Public Health?
21 EPA wanted us to characterize what was in there so
22 . A. Yes.
22 we drilled, I believe, sixteen borings down the
23 Q. Anybody else?
23 middle two rows down the middle of the landfill,
24 A. All the internal people.
24 took samples. We had wells along the perimeter of
25 Q. Went back up to central?
25 the landfill, the groundwater samples.
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1 A. Yeah.
1 Q. Was there off-migration of PCBs from that
2 Q. You were talking about the RCRA
2 landfill?
3 investigation at the Queeny facility and we were on
3 A. There is no PCBs in the groundwater, no.
4 these PCB projects that you had been involved in.
4 Q. Was there at the time you started the
5 Was there another one that you had some involvement 5 project?
6 in?
6 A. No.
7 A. The Saugct landfill.
7 Q. Did you find PCBs in the landfill?
8 Q. Tell me about that. What involvement did
8 A. Yes.
9 you have with the Sauget landfill?
9 Q. What kind of levels?
10 A. In the summer of '92 I was project manager
10 A. 1 don't remember specific levels. Every
11 on site for the characterization of that for the
11 boring was different. Some of them were pretty
12 Illinois EPA.
12 high. Some of them had none.
13 Q. And did you all prepare a report?
13 Q. What do you mean by pretty high?
14 A. Yes.
14 A. A thousand parts per million.
15 Q. Now, can you tell me what you were looking
15 Q. Did you find any that were a percentage of
16 for at the Sauget landfill? That was another
16 the soil where they were, you know, actually off
17 facility at which Monsanto manufactured PCBs, was 17 the Richter scale?
18 it not?
18 A. We don't measure PCBs on the Richter
19 A. Yes.
19 scale.
20 Q. Were you looking for PCBs in the
20 Q. I understand that. That's just a figure
21 landfill?
21 of speech, Mrs. Hanson.
22 A. The focus was not PCBs. We were
22 A. I don't remember -
23 characterizing what was in the landfill.
23 Q. Finding it that high?
24 Q. Well, did you find any PCBs in the
24 A. -- finding any that -- there may have
25 landfill?
25 been. I don't remember.
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1 Q. Do you remember whether you all found any
1 the regulatory agency. I forget what superfund
2 off-migration, at any point in time, with PCBs off
2 calls it, site investigation or site
3 that site?
3 characterization.
4 A. There were none in the soil samples we
4 Q. Was this a superfund site?
5 took to the west of the site. There were no PCBs
5 A. No, but Illinois EPA uses the same format
6 in the groundwater.
6 for their reporting site investigations.
7 Q. Now, Sauget, were you told anything about
7 Q. Did they entitle it a superfund site under
8 the history of that site or how it had been
8 the state regulatory activity?
9 regulated, Mrs. Hanson, at the time that you became
9 A. I don't remember for sure.
10 project manager for that site?
10 Q. Do they have such a thing under state
11 A. We included a fairly, not a very specific
11 regulatory activity in Illinois as a superfund site
12 history in the report that went to the EPA. There
12 and a --
13 were estimates of how much stuff had been hauled
13 A. I don't remember what Illinois calls those
14 over there over the years, but it was estimates
14 sites. They have a group that looks at old sites.
15 from plant people. There are no specific numbers.
15 but I'm not sure the exact nomenclature that they
16 Q. Where did you get those estimates?
16 use.
17 A. From the plant.
17 Q. You have indicated that the site was
18 Q. From the plant people, the people who
18 capped in 1989. Why was it capped in '89?
19 worked at the plant?
19 A. It was no longer being used.
20 A. (Witness nodding head.)
20 Q. Was it being used before *89, say in '86,
21 Q. And were there *-
21 '87?
22 A. Can we take a break, please?
22 A, I don't think so.
23 MR. COX: Sure.
23 Q. When had the use of that site stopped?
24 MR. STEWART: Certainly. Any time you
24 A. I don't remember.
25 want to.
25 Q. Was it in the ' 80s?
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1 (Recess.)
1 A. I think it was before that. I don't
2 Q. Before the break you were telling us about
2 remember.
3 some soil sampling you did. I think it was west of
3 Q. The '70s?
4 the landfill at Sauget. Did you take any sample of
4 A. I don't remember.
5 north, south or east of the landfill?
5 Q. Why was it capped? Who required that it
6 A. Yes.
6 be capped?
7 Q. What did you find?
7 A. I don't know that anybody required that it
8 A. A lot of coal.
8 be capped.
9 Q. Did you find any PCBs in the samples?
9 Q. Monsanto capped it without going through
10 A. I think there may have been some very low
10 any regulatory process?
11 levels. I don't remember.
11 MR. COX: Object to the form.
12 Q. What were low levels?
12 A. I don't know. That was before I got
13 A. Part per million or less.
13 involved. I don't know if the plant handled that.
14 Q. Who did that soil sampling for you east
14 I don't know the process.
15 and north and south of that landfill?
15 Q. Tell me, if you would, Mrs. Hanson, when
16 A. Garety and Miller did that investigation.
16 you went to a site, did you just go there and not
17 Q. How was that sampling investigation or
17 care what happened historically at the site, or did
18 work that was done by Garety and Miller
18 you find out what was the history of the site?
19 identified?
19 A. What happened -- the history of the site
20 MR. COX: Are you talking about reports?
20 generally isn't that important. You're going there
21 MR. STEWART: I assume that's what I'm
21 to characterize what's there now.
22 talking about, but yeah.
22 Q. So you don't care what was manufactured
23 Q. Whatever the sampling -- what form did it
23 there?
24 take?
24 A. I'm not sure I don't care is the correct
25 A. I'm not sure exactly. Illinois EPA was
25 term. That is generally not an important piece of
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1 you from time to time that there is a way to
1 Q. Well, what is it you know? You indicated
2 calculate the amount of waste that one would find
2 in a previous response --
3 coining off a certain level of production?
3 A. You asked me if Monsanto had ever burned
4 A. There are ways to estimate those amounts.
4 any PCBs.
5 Q. So if one had the historical records then
5 Q. Yes, ma'am.
6 one would have some idea of the amount of waste
6 A. I don't know specifics about where they
7 that would come off of PCB production, is that not
7 were burned.
8 correct?
8 Q. Tell me what you know about their
9 MR. COX: object to the form.
9 burning? Let me ask it that way.
10 A. If you had specific production data you
10 A. What I know - I don't know anything.
11 could estimate the amounts of waste.
11 Q. Did anyone ever tell you that.
12 Q. Now, tell me, if you would, if you know,
12 historically, PCBs were burned by Monsanto,
13 what happened, just based on the history of the
13 incinerated? They did, didn't they?
14 Sauget plant, what happened to the PCB waste that
14 A. I believe there was a facility in
15 left that plant or came off that plant, the
15 Massachusetts.
16 production of PCBs? Was it all buried on the plant
16 Q. And do you know when that happened?
17 site or did some of it go somewhere else?
17 A. No.
18 A. I don't know.
18 Q. And do you know where the PCB waste came
19 Q. To your knowledge, Mrs. Hanson, do you
19 from? Was that not Sauget?
20 know, historically, if any of that - strike that
20 A. I don't know.
21 Do you know or recall if anybody ever told
21 Q. Well, who exactly told you or informed you
22 you that they had an incinerating facility located
22 about that, Mr. Papageorgc, Bill Papageorgc?
23 at that plant site at some point in time?
23 A. About what?
24 A. At Sauget?
24 Q. About the incineration of PCBs.
25 Q. Yes, ma'am.
25 A. I know that there was an incinerator at
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1 A. 1 don't remember. I don't think so.
1 Everett because the project I worked on at Everett
2 Q. Were there any PCBs ever incinerated by
2 was near the site where they had capped die old
3 Monsanto?
3 incinerator.
4 A. I believe we have sent some waste to
4 Q. And when exactly did they cap the old
5 incinerators at waste disposal facilities.
5 incinerator in Everett?
6 Q. Where?
6 A. I don't know. Before I got there in '91.
7 A. I don't know all the specifics.
7 I have no idea.
8 Q. Give me the best knowledge that you have,
8 Q. Could it have been sometime in, say the
9 Mrs. Hanson, about where that was sent to, where
9 '80s?
10 PCB waste was sent to incinerating facilities?
10 A. I don't know.
11 A. I don't remember any of the specifics.
11 Q. Do you know who capped it?
12 Q. Were there some in Texas?
12 A. No.
13 A. I don't think we had a lot of pcb waste
13 Q. Do you know who required it to be capped?
14 out of Texas.
14 A. No.
15 Q. Were there some sent from Sauget to Texas?
15 Q. Do you have any idea as to when that
16 A. I don't know.
16 incinerator was -- was it used just in connection
17 Q. What about Louisiana?
17 with the Everett,. Massachusetts plant, or was it
18 A. What about Louisiana?
18 used in connection with PCBS from other plants?
19 Q. Were there some sent from Sauget or other
19 A. I don't know.
20 plants to Louisiana to be incinerated?
20 Q. Who would, if you know, Mrs. Hanson, have
21 A. I don't know.
21 knowledge about the incinerator that was set up
22 Q. What about Massachusetts, were there some
22 by -- was it by Monsanto?
23 PCB waste sent to Massachusetts for incineration at
23 A. At Everett?
24 some point in time?
24 Q. Yes.
25 A. I don't know.
25 A. I don't know. It was on the Monsanto
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1 the investigation. The agencies usually want to
1 is a Monsanto pledge out there, yes.
2 know some history of what was manufactured at the
2 Q. What did that have to do with it, if you
3 site, but we don't go into details about day-to-day
3 recall? And I'm not asking you to recite it
4 activities or waste disposal practices.
4 verbatim. I'm just asking you, what was the
5 Q. You're not concerned about the amount of
5 general substance of that pledge?
6 waste that is buried there?
6 A. Generally, that we do the right thing.
7 A. We're more concerned about the extent of
7 Q. Would doing the right thing require you,
8 it, is it moving off site, and groundwater.
8 at some point in time, Mrs. Hanson, to have some
9 Q. So, and I want to be clear about this so
9 general idea of the history of the manufacturing
10 that I understand it, Monsanto's procedure is to
10 process that went on at a given plant where you
11 send you in as project manager totally ignorant of
11 were project manager?
12 what the plant previously did?
12 A. Yes, we usually had some general idea of
13 MR. COX: object to the form.
13 what went on at the plants.
14 A. I know what the plant previously did. I
14 Q. And would you not also want to know what
15 don't know details of manufacturing procedures. I
15 amount of waste and the type of waste that might be
16 know generally what they made. You have to know 16 buried in and around that plant, not under a
17 some history to know what type of chemicals to look 17 regulatory authority, under the pledge that you all
18 for, but it's not important that you know details
18 took to make sure that you protected your
19 of the manufacturing history.
19 neighbors? Wouldn't you want to know that?
20 Q. Who exactly indicated that to you when you
20 A. We generally knew what types of waste were
21 began to work for Monsanto, I assume you picked
21 there.
22 that up from the time that you worked for Monsanto 22 Q. Well, you knew what kind of production
23 as a project manager who was asked to go in and
23 went on at the plant historically, didn't you, the
24 characterize the site, it really didn't matter that
24 amount of product that was produced? You all have
25 you knew the details of the manufacturing process
25 archives that have that information, do you not?
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1 or the amount of waste that was buried on site?
1 A. I generally didn't know specific volumes
2 MR. COX: Object to the form.
2 and production quantities.
.
3 Q. Who told you that when you first went to
3 Q. That's not what I asked. I'm asking you
4 work with them that that was a procedure that you
4 if you know for a fact that Monsanto has those kind
5 all followed as project manager?
5 of archives, whether they knew what kind of
6 A. I don't know that anybody ever
6 production went on at plants like Sauget or
7 specifically told me that.
7 Queeny. They did, didn't they?
8 Q. Where did you pick it up, Mrs. Hanson?
8 MR. COX: if you know.
9 You've indicated to me that was -
9 Q. They had that historical data, didn't
10 A. You generally follow the requirements that
10 they, Mrs. Hanson?
11 the agency asks you for. If the agency asks for
11 A. I myself have never seen such documents.
12 what the plant manufactured, you tell them. The
12 Q. I'm not asking you, Mrs. Hanson, if you
13 agency doesn't ask for a day-to-day detailed
13 have seen such documents. I'm asking you if you
14 history of the plant
14 know for a fact that they do have such documents.
15 Q. All right. Did Monsanto have any kind of
15 A. I don't know that for a fact.
16 policy in place as to what you, as a company, or
16 Q. So you're sitting here today telling me
17 Monsanto as a company, wanted to make sure of about 17 that you don't know that there is historical
18 protection of the health and the environment, the
18 production records for plants like Queeny and
19 health of people near the plant and the
19 Sauget?
20 environment?
20 A. I don't know for a fact that there are
21 A. I'm not sure I understand the question.
21 detailed historical production records. The plants
22 Q. Did you all have a pledge that you all
22 have been there for years.
23 instituted at some point in time during the time
23 Q. And is it not a fact that -- let me ask
24 you worked with the company?
24 you this. Is it not a fact, Mrs. Hanson, that
25 A. That's fairly common knowledge that there
25 there are people in Monsanto who have indicated to
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1 plant site.
1 Q. Illinois EPA. And what did they require
2 Q. So there was an incinerator on the
2 you to do, the Illinois EPA7
3 Monsanto plant site at Everett. What is the name
3 A. When I left we had not had a response from
4 of that plant?
4 the Illinois EPA on that report.
5 A. Everett.
5 Q. What did you all indicate -- what did
6 Q. Everett, that's what they call it, the
6 Monsanto indicate to the Illinois EPA that should
7 Everett plant?
7 be done with that plant site?
8 A. (Witness nodding head.)
8 A. The site characterization does not make
9 Q. To your knowledge, was there ever a PCB
9 recommendations.
10 incinerator located at the Sauget plant?
10 Q. Are you aware of any recommendation that
11 A. I don't know.
11 was in the offering that Monsanto -- what position
12 Q. Did anyone ever tell you that they had
12 did Monsanto take?
13 capped an incinerator there?
13 A. I worked on the characterization of the
14 A. No.
14 site and we turned that report in to Illinois EPA.
15 Q. Who told you that in your investigation of
15 When I left, we had not gotten any response from
16 the plant site in Everett that they had an
16 Illinois EPA. I went on and did olher things. I
17 incinerator that they had capped there?
17 don't sit and follow them up. I mean --
18 A. I did not do an investigation at the
18 Q. Whose position or whose job was it in the
19 Everett site.
19 company to make a decision about what to do about a
20 Q. Who told you that though? You became
20 particular site after you all characterized it?
21 aware of it through some means, Mrs. Hanson.
21 A. Depends on the site.
22 A. The people at the plant.
22 Q. Sauget?
23 Q. Who were the people at the plant who told
23 A. I don't know who has responsibility for
24 you that?
24 the Sauget site.
25 a. I believe Eric Brimer was the
25 Q. Queeny?
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I superintendent, environmental superintendent at the
1 A, I don't know.
2 time.
2 Q. Is there a level of funding that people
3 Q. Eric Brimer?
3 have a capability to say yes or no about?
4 A. Uh-hum.
4 A. I'm sony. Say that again.
5 MR. COX: You need to say yes or no.
5 Q. Let me clarify my question to you.
6 THE WITNESS: Yes.
6 A. Okay.
7 Q. I think she generally gets it. Who else?
7 Q. If it costs a million dollars to remediate
8 A. I don't remember who else was at the plant
8 a plant site, can Jo Hanson go in and say, spend
9 at that time. Eric was the primary contact
9 the million dollars?
10 Q. Do you know if he is still with Monsanto?
10 A. No.
11 A. He is not.
11 Q, Who has to say grace over that? Do you
12 Q. Do you know where he is?
12 understand my tom say grace over?
13 A. I have no idea.
13 A. Yes. I'm not sure what the approval
14 Q. In connection with this site at Sauget
14 levels are. Certainly it was above my level.
15 you all drilled, I think you said sixteen borings.
15 Q. Would it be above Mr. Foresman's level?
16 is that right?
16 A. A million dollars, I don't know.
17 A. I think so.
17 Q. Well, what if you bump it up to 32
18 Q. And you found no PCBs. You made that
18 million, who has to say grace over
19 report -
19 that, Mrs. Hanson?
20 A. No, I said we found PCBs.
20 A. I don't know. That is certainly above
21 Q. Yeah, I'm sorry. In some of them and some
21 Foresman's level.
22 you did not?
22 Q. Would it be above Mr. Proctor's level?
23 A. Right.
23 A. Mr. Proctor was never in that chain.
24 Q. You made that report to the EPA?
24 Q. Who else would be in that chain?
25 A. Illinois EPA.
25 A. Mr. Pierle.
..
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1 Q. Mr. Pierle?
I to go?
2 A. (Witness nodding head.)
2 A. I don't know. It was approved when I got
3 Q. Certainly it was above Mr. Pierle's level.
3 there.
4 wasn't it?
4 Q. What about the pond, how far up the line
5 A. I don't know.
5 did that have to go?
6 Q. You mean he could spend 32 million dollars
6 A. I don't know.
7 of Monsanto's money and not have to go talk to
7 Q. Give me your best judgment. Did you get
8 anybody about it?
8 an okay from Mr. Pierle?
9 A. I don't know. This is three or four
9 A. I think Pierle, yes.
10 levels above me. I turned in my report, I went on
10 Q. And did Mr. Pierle say that he had talked
11 to the next site. I was not in the decision making
11 to his superiors and they okayed that?
12 chain.
12 A. Mr. Pierle did not talk much. I never
13 Q. How much was spent at Sauget?
13 heard him say that.
14 A. On the site investigation?
14 Q. He talks a little more than you think,
15 Q. Yes.
15 but --
16 A. I would say between half a million and a
16 A. Not to me.
17 million.
17 Q. Maybe that's depending on who is he
18 Q. Ma'am?
18 talking to and what he is talking about.
19 A. Between half a million and a million.
19 Mrs. Hanson?
20 Q. How far up the chain did that go,
20 A. I wasn't on a daily speaking basis with
21 Mrs. Hanson, to your knowledge?
21 Mr. Pierle.
22 A. I don't know.
22 Q, Who would he have reported to.
23 Q. Well, isn't it a fact that there had to be
23 Mr. Shapiro?
24 some sign-off at the chairman of the board level on
24 A. I don't know.
25 that kind of money?
25 Q. Based on what I've read, he is a pretty
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1 A, On what, a million?
1 hands-on kind of guy, Mr. Shapiro. Do you think
2 Q. Yes.
2 maybe he might have known something about the
3 A. I don't think it went -- I don't know. I
3 Anniston project?
4 don't think it went that far, but I have no idea.
4 MR. COX: object to the form. You're
5 Q. So you're telling me that Mr. Foresman or
5 asking her to speculate about what Mr. Shapiro
6 Mr. Pierle can spend a million?
6 knew.
7 A. I don't know.
7 MR. STEWART: Is that an objection?
8 Q. I'm just asking for your best judgment and
8 MR. COX: That was an objection. Sorry.
9 your experience. And based on your experience *
9 THE WITNESS: I don't know what
10 let's go back to the Anniston site. Who did you
10 Mr. Shapiro knew.
11 send that report to?
11 BY MR. STEWART:
12 MR. COX: What report are you talking
12 Q. Would it be your assessment of the
13 about?
13 situation there, based on the amount of money that
14 A. Yeah, which report?
14 was spent in Anniston, that he more than likely had
15 Q. Didn't you characterize the site and come
15 knowledge of the Anniston problem, Mrs. Hanson?
16 up with a remediation plan? I mean, Mr. Faust and 16
MR. COX: object to the form.
17 Mr. Mayausky have said you did that. I just want
17 A. I don't know. I think I saw Mr, Shapiro
18 to know if you did it.
18 twice in my life across the room. I don't know
19 A. When I went to Anniston, the site
19 what Bob knew. I was not a friend of Bob.
20 characterization for the west-end landfill had been
20 Q. You didn't like him?
21 completed and it was my responsibility to oversee
21 A. I didn't like him or dislike him.
22 the actual construction.
22 Q. You just weren't socially acquainted?
23 Q. Remediation work?
23 A. That's it.
24 A. Remediation work.
24 Q. What was the other project, what were the
25 Q. How far up the line did that project have
25 other projects that you worked on?
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1 MR. COX: Other pcb projects? Or do you
1 A. I have no idea.
2 want--
2 Q. Were you involved in that at all?
3 MR. STEWART: Well, we're going to start
3 A. When I left we had done some settling
4 with PCB projects and that's where we were and
4 tests up there, we had done the surface sampling,
5 we will continue with that.
5 but I was not involved in any of the design or
6 Q. If there were more -- if it's that big a
6 remediation of it
7 problem, if there woe more, please tell us.
7 Q. So you were involved in follow-up on the
8 MR. COX: Ijust want to make sure she
8 remediation work that was done on the west-end
9 understood which projects you were talking
9 side, west-raid landfill? You indicated earlier you
10 about.
10 followed up on that is that correct?
11 MR. STEWART: All right. Just trying to
11 A. I'm sorry. I don't know what you mean by
12 follow up on what she had directed me to do.
12 follow-up. I went down there to do --
13 THE WITNESS: I don't think I can
13 Q. Supervise die construction?
14 remember all the projects I worked on in
14 A. To supervise the construction.
15 twenty-one years at Monsanto.
15 Q. And then you also planned, did you not or
16 BY MR. STEWART:
16 assisted in planning the project of the pond and
17 Q. I'm not asking you to do that. I'm asking
17 that part?
18 you about PCB projects.
18 A Again, I was the over-site to make sure
19 A. I think those were the primary PCB sites.
19 the consultant who was designing die pond and the
20 Q. Were there any others of the size or
20 proper Monsanto internal people were together, got
21 magnitude of, say Anniston?
21 the right people involved at the right time.
22 A No.
22 Q. And you oversaw that like you did the
23 Q. Sauget wasn't even that size, was it?
23 west-end thing?
24 MR. COX: object to the form.
24 A. Right.
25 A. I don't know what Sauget's cost
25 Q. You say that was less than a million. So
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1 Q. Do you have any estimation as to what has
1 how much was it?
2 been spent at Sauget by Monsanto since you did that 2 A. I don't remember.
3 report?
3 Q. If someone said that they spent 32 million
4 A. No.
4 dollars on those sites for remediation there on the
5 Q. Do you have any estimation as to what was
5 Anniston plant site, is that a figure that is
6 spent on your report? I believe you told us a half
6 something that you would agree with or disagree
7 million to a million dollars?
7 with, Mrs. Hanson? Could somebody be actually
8 A. Somewhere in that neighborhood.
8 telling someone something that is not correct, or
9 Q. Do you know how that compares with the
9 would that be correct?
10 Monsanto site in Anniston?
10 A. I have no idea what's correct. I was not
11 A. No.
11 involved in the south side. I don't think that -
12 Q. Do you have any idea as to how much it
12 I don't know.
13 cost to remediate the west-end landfill in
13 Q. Well, you said you don't think. You think
14 Anniston?
14 that number is a little high?
15 A I think we spent a million seven or
15 A. No.
16 something like that
16 Q. Maybe low?
17 Q. A million what?
17 A. I have no idea.
18 A. A million and seven hundred thousand.
18 Q. What other major sites have you been
19 Q. Do you know what it costs to build a
19 involved in as the project manager that involves
20 retention pond?
20 something other than PCBs, Mrs. Hanson, while you
21 A. I don't remember. Less than that.
21 were involved with Monsanto?
22 Q. Less than a million-seven?
22 A. Major sites other than the ones we have
23 A. Yeah.
23 talked about, really the only major site other than
24 Q. And what about the capping of the
24 that would be Brio.
25 south-end landfill, were you involved in that?
25 Q. What is that?
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1 A. Brio, B-R-I-O.
l Q. Give me just a brief summary of your work
2 Q. Is that a superfund site?
2 history. When did you go to work for Monsanto?
3 A. Yes.
3 A. March of '76.
4 Q. What was the problem there?
4 Q. As soon as you got your master's you went
5 A. It was a "recycler" that had accepted
5 to work for them?
6 waste from a variety of industry, and Monsanto
6 A. {Witness nodding head.)
7 happened to be one of those industries that it sent
7 Q. Where did you go to work for them?
8 waste for recycling to Brio.
8 A. Saint Louis.
9 Q. Where was that located?
9 Q. And what did you sign on, what did you
10 A. South of Houston.
10 begin work there as? What was your position?
11 Q. What did you do on the Brio site?
11 A. In the environmental engineering group.
12 A. I managed a project where we had a
12 Q. Went there right off the bat into that
13 consultant go in and characterize the dnapls on the 13 group?
14 site.
14 A. Yeah.
15 Q. The what?.
15 Q. How long did you stay at - I assume you
16 A. Dense nonaqueous phased liquids, DNAPLS,
16 worked your way up. How long did you stay at that
17 D-N-A-P-L-S.
17 initial position you went to work for?
18 Q. What else did you do on that site?
18 A. I worked in that group for about two
19 A. That's basically it
19 and-a-half years. Then I moved into the
20 Q. Any other large size site other than
20 construction, corporate engineering at the time,
21 Brio? You've indicated not.
21 corporate engineering construction department. I
22 A. Brio, Motco, Queeny, Sauget.
22 worked on a project at Saint Peters, Missouri, and
23 Q. Give me some idea of your educational
23 a project, two projects at the Queeny plant
24 background.
24 Q. What were those projects at the Queeny
25 A. I have a bachelor's degree in chemistry
25 plant related to, just some part of the
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1 from Vanderbilt. I worked a couple years around
1 manufacturing process?
2 the hospital and then I went back and I got a
2 A. The first one was a 9000 horsepower
3 master's degree in environmental engineering also
3 compressor for the maleic anhydride department.
4 from Vanderbilt
4 Q. I mean, were they connected with the
5 Q. When did you get your master's at
5 manufacturing process and not waste disposal?
6 Vanderbilt?
6 A. Right. Well, the second one was an
7 A. Finished up in March of '76.
7 electrostatic precipitator for the coal-fired
8 Q. And what did you do around the hospital?
8 boiler.
9 A. For a year I worked on a research project
9 Q. Use of some waste product in the boiler
10 analyzing placentas for heavy metals, and for a
10 itself, is that what you were talking about?
11 year I worked in the endocrinology lab.
11 A. No. It's an electrostatic precipitator
12 Q. You got a bachelor's in chemistry. What
12 that takes the particulates out of the --
13 did you specialize in with your master's, what did
13 Q. Out of the -- okay. Shows how much
14 you emphasize in that?
14 chemistry I had. What did you do next?
15 A. I'm not sure that -- I mean, environmental
15 A. I moved to Muscatine, Iowa, where I
16 engineering is pretty much, there is not much
16 supervised the process engineering group for a
17 specialization in that. I didn't do a lot of air.
17 year.
18 It was mostly water.
18 Q. At a plant there that was run by Monsanto?
19' Q. Water and soil?
19 A. Yeah.
20 A. Yeah. And I also have my master's in
20 Q. What was it, just Muscatine plant?
21 business administration that I got after I went to
21 A. Yeah.
22 work for Monsanto. SIUA Edwardsville, Southern
22 Q. What did they make there?
23 Illinois University at Edwardsville.
23 A. Herbicides.
24 Q. When did you get that, Mrs. Hanson?
24 Q, And then where did you go?
25 A. I think I finished in '81.
25 a. The second year I supervised the project
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" 1 engineering group at Muscatine.
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2 Q. Is that involved in the manufacturing 3 process primarily?
2 A. I know there was a program to get the PCBs 3 out of all the transformers. I don't know the
4 A. Yeah.
4 specific dates that each plant did that.
5 Q. Where did you go from there? 6 A. I moved back to Saint Louis in the --
s Q. But you do know that it had been done at 6 Sauget? And you mentioned plants and the reason 1
7 again, that was still corporate engineering in the
7 ask plants, you mentioned plants, plural, it was
8 project management group.
8 your knowledge that that had been done, based on
9 Q. Again, was that in the manufacturing side
9 what your understanding was, at all the plants?
10 as opposed to waste disposal, or there was a
10 A. There was a program at all tie plants to
11 combination of both? 12 A. The main thing I worked on in that group
11 do that. I don't know the timing at all the 12 plants. At Sauget, I don't remember that we had
13 was replacing all of the electrical substations and
13 any PCB disposal issues when we took out the
14 wiring and transformers at the Sauget plant.
14 switchgear.
15 Q. When was that done?
15 Q. So you're saying that it had been done
16 A. Let's see. 1 came back from Muscatine in
16 before you got there?
17 *84, so '84 and '85. And we put Provox (phonetic)
17 A. (Witness nodding head.)
18 automated controls on the plant's boiler. That's
18 Q. Where did you go after that?
19 the two main projects I worked on.
19 A. In late '85, early '86, Monsanto disbanded
20 Q. Why were you all replacing all the
20 the corporate engineering department, split it up
21 electrical wiring and transformers in '84 and '85?
21 between ag. and chemicals. Because I had - I did
22 A. Because most of them were forty or fifty
22 not have enough seniority to stay in the project
23 years old and they were falling apart and they just
23 management group, they cut by seniority, but I did
24 upgraded the whole electrical system.
24 have seniority to go back to the environmental
25 Q. Didn't have anything to do with PCBs that
25 group, so I moved back into that group that 1 was
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1 were used in the transformers?
1 in until I left.
2 A. I think by that time most of the PCBs had
2 Q. So you went to the environmental group in
3 been taken out.
3 '86?
4 Q. When exactly do you recall that that had
4 A. (Witness nodding head.)
5 been done? Was it before you got there to the
5 Q. What was your position with that group,
6 plant?
6 were you a project manager at that time?
7 A. I think so, because I don't think we had
7 A. That was not my title. I mean, I had been
8 any PCB disposal problem.
8 doing project management work. Most of what I did
9 Q. So that had taken place before '84 or '85
9 after I got back into that group was that type of
10 at Sauget, is that correct?
10 work, different sites, different projects.
11 A. I think so.
11 Q. When you began in '86?
12 Q. Do you have any idea when that was done?
12 A. (Witness nodding head.)
13 A. No.
13 Q. During the time that you were in corporate
14 Q. Was that something that Monsanto did, if
14 engineering, did you ever know a gentleman named
15 you know, voluntarily, they just did it without any
15 Robert Cheiver or Bob Cheiver?
16 regulatory activity taking place?
16 A. Yes.
17 MR. COX: object to the form.
17 Q. What was your relationship with
18 A. All the plants had done it. I don't know
18 Mr. Cheiver?
19 the driving force.
`
19 A. He usually was in the plant. I didn't
20 Q. So at the time you went to Sauget in what,
20 work with him on a day-to-day basis.
21 '84
21 Q. Did you ever work with him at any point in
22 A. (Witness nodding head.)
22 time in '84 or '85, that time frame, on a project
23 Q. -- all the plants that you knew of in
23 where Monsanto talked about building an
24 Monsanto had taken those transformers out that had 24 incinerator?
25 PCBs in them?
25 A. No.
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1 Q. But he was at corporate headquarters at
l A. Not until I'm fifty-nine and-a-half.
2 that time?
2 Q. I won't ask you when that will be.
3 A. Cheiver, I don't think so.
3 A. That's twelve years. Eleven years, I
4 Q. Do you remember him ever being in
4 guess.
5 corporate engineering in the time frame we're
5 Q. Were there any terms of your severance
6 talking about? That is not a trick question. I'm
6 agreement from Monsanto that had to do with your
7 just asking you if you remember seeing him.
7 willingness to cooperate in litigation?
8 A. I'm just trying to think. He was never in
8 A. I don't think so.
9 that group when I was in that group.
9 Q. Did you sign an agreement when you left
10 Q. And you were in that group when now?
10 the company?
11 A. '76 to '78, and then again from '86 to
11 A. Yes.
12 '97.
12 Q. Do the terms of that agreement say
13 Q. So he could have been in that group, but
13 anything about what you could and could not
14 not during those times?
14 disclose about activities that you had been
15 A. Not while I was there.
15 involved in, was there any confidentiality part of
16 Q. All right. You left Monsanto in what
16 that agreement?
17 year?
17 A. Honestly, I don't remember. It was the
18 A. May of '97.
18 standard agreement that everybody that left at that
19 Q. Why?
19 time signed.
20 A. That's when they were splitting off the
20 Q. Everybody that left signed an agreement.
21 chemical group. They down-sized. They selected
21 Do you have a copy of that agreement?
22 people for the different companies and I was not
22 A. I'm sure somewhere in a box in our closet
23 selected.
23 there is a copy of that.
24 Q. So you are now retired, you don't work for
24 Q. How long was it, one page, two pages,
25 Monsanto any longer?
25 three pages?
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1 A. No.
1 A. I think the whole document was several
2 Q. Did you receive some kind of severance
2 pages, but it laid out all the terms of the
3 package or do you do consulting work for them now? 3 package, said we couldn't sue them for
4 A. Everybody who got down-sized in that
4 discrimination for laying us off at the time. I
5 reorganization got some kind of a package.
5 don't remember all of it.
6 Q. Do you do any consulting work for Monsanto
6 Q. I was going to give you my card.
7 now?
7 A. I have no reason to sue them.
8 A. No.
8 Q. I'm just kidding. That was an aside that
9 Q. So you're not an employee now at all?
9 I shouldn't even have said. But it laid out the
10 A. No.
10 terms of your severance?
11 Q. What was the package that you received in
11 A. Uh-hum.
12 the down-size?
12 Q. Can you remember just the bare-bone
13 A. I think I got ten months salary.
13 details of that thing? I mean, you say it told you
14 Q. Anything else?
14 what pay package you were going to get?
15 A. No. I -
15 A. Right.
16 Q. Go ahead.
16 Q. And you couldn't sue them for
17 A. I was just going to say, I wasn't old
17 discrimination?
18 enough to get some of the pension benefits.
18 A. (Witness nodding head.)
19 Q. Did you have any pension benefits built up
19 q! Did it say anything at all about the kind
20 with them at that time? Do you have an IRA or I
20 of work you did and what your responsibilities were
21 mean not an IRA, but 40IK or anything built up with 21 to the company in connection with what I mentioned
22 Monsanto?
22 a minute ago, confidentiality or cooperating with
23 A. Yes.
23 them in any kind of litigation that might be
24 Q. Are you able to draw on that now or do you
24 ongoing?
25 have to wait until --
25 A. Nothing specific to environmental stuff,
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1 no.
1 A. Mr. Kelly.
2 Q. Was it specific to anything else?
2 Q. Mr. Kelly. Have you dealt with him before
3 A. I don't think so.
3 this proceeding?
4 Q. Can you remember anything else that was in
4 A. Yes.
5 that agreement, as you sit here today, other than
5 Q. When did you first deal with him, with
6 what you have already told me?
6 Mr. Kelly?
7 A. No.
7 A. Sometime in '95.
8 Q. Who signed the agreement on behalf of the
8 Q. And what was that in relation to?
9 company?
9 A. The Anniston site.
10 A. Some woman over in personnel. Excuse me,
10 Q. Was that when you were an employee of
11 HR. They're not personnel anymore. They're human 11 Monsanto?
12 resources.
12 A. Yes.
13 Q. Are you working anywhere now?
13 Q. I don't want to know what was said, but
14 A. No. Cleaning the boat.
14 what was the nature of Mr. Kelly's involvement at
15 Q. You got a copy of the deposition notice.
15 that time, Mrs. Hanson?
16 did you not?
16 A. There was litigation going on at that
17 A. He showed it me yesterday.
17 time.
18 Q. Is that the first time you had seen it.
18 Q. Someone had filed suit against Monsanto at
19 yesterday?
19 that time?
20 A. Yes.
20 A. Yes.
21 Q. Did you have any records that you took
21 MR. COX: For the record, the Dyer case
22 from Monsanto with you that would have been
22 was pending at that time, D-Y-E-R.
23 responsive other than die picture that Buddy showed 23 Q. Now, yesterday, I mean rather, in the
24 me earlier that would have been --
24 conversations with Mr. Kelly, because you said he
25 (Telephone interruption.)
25 called to set it up, what was the nature of that
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1 MR. STEWART; Let's take a short break.
1 conversation, just to set up the deposition?
2 (Recess.)
2 A. Called and told me how lucky I was that
3 Q. I asked you if you had any records that
3 you were coming and talked about dates that I might
4 were responsive to the notice that you had taken
4 be available.
5 away from Monsanto. Mr. Cox had showed me a
5 Q. What a wonderful personality you woe
6 picture. Is that basically all you had?
6 going to get to meet?
7 A. I didn't take any files.
7 A. Yes.
8 Q, Did you review any records before you came
8 Q. Other than that, did you talk about
9 here to be deposed today?
9 anything else?
10 A. No.
10 MR. COX: Well, we don't want to get into
11 Q. Did you see any documents at all, did
11 the substance of the conversations with either
12 Mr. Cox or Mr. Kelly show you any documents before 12 Mike or me. That would be considered attorney
13 you came here today?
13 client privilege since she is a former
14 A. Your notice of the deposition.
14 employee of Monsanto and we are representing
15 Q. Other than the notice of deposition?
15 her for purposes of the deposition.
16 A. No.
16 MR. STEWART: Well, of course, I would
17 Q. Did you all have a conversation? Did you
17 respectfully -
18 have a conversation with Mr. Buddy Cox, who is
18 Q. You're not represented by either Mr. Kelly
19 seated to your left, or Mr. Mike Kelly before you
19 or Mr. Cox at this time, are you?
20 came to the deposition?
20 A. 1 would think for this I am.
21 A. Yes.
21 Q. How is that now that you are represented
22 Q. When did that take place?
22 by them, as a former employee?
23 A. Mike called on the phone a couple times to
23 a. Employee.
24 set it up and they came down yesterday.
24 Q. Other than that, you haven't hired them to
25 Q. You say Mike called on the phone --
25 represent you here today, have you? .
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1 A. No.
l have you entered into any kind of fee arrangement
2 Q. What documents did you review, if any --
2 with them about representing you?
3 did you talk about any depositions that anybody
3 A. No.
4 else had given yesterday?
4 MR. STEWART: I suggest we go on with this
5 MR. COX Don't answer that You're not
5 part of the deposition. I mean, I will go on
6 entitled to get into what we talked about with
6 to something else, but we're going to call
7 her, Don.
7 John and get some kind of ruling on that
8 Q. Did they talk to you about any documents
8 MR. COX: That's fine. I'm just telling
9 that were reviewed?
9 you what we talked about with her is
10 A. The only document I saw yesterday was your
10 privileged. And if we have to, we can take
11 notice of this deposition, and I called here to
11 that up. She is retired and we can talk to
12 find out how to get here.
12 her.
13 Q. How long did the conversation take place
13 MR. STEWART: I understand all that.
14 yesterday?
14 Buddy. We will call John and get a ruling on
15 A. I think they were on the phone most of the
15 that after we get through with the rest of
16 time.
16 what I'm going to ask her about.
17 Q. You're talking about with you?
17 MR. COX: That's fine.
18 A. No, with whoever else.
18 BY MR. STEWART:
19 Q. Did you go over what you might be asked?
19 Q. When did you first become involved with
20 A. How much of this do we --
20 the Anniston plant? What was the first time that
21 MR. COX: You can't talk about anything
21 you became involved with the Anniston plant?
22 that we talked about You can talk about how
22 A. Probably 1976 or seven when I worked on
23 long we met. That's about it.
23 the waste treatment facility.
24 MR. STEWART: There is no privilege that
24 Q. And who was your supervisor then?
25 applies to her in this position.
25 A. At that time it was Dick Joslin. Richard
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1 MR. COX: It is. She is a former
1 Joslin, J-O-S-L-I-N.
2 employee. She is somebody that was working on
2 Q. And what were you doing on the waste
3 this project and whatever we talked about with
3 treatment plant at the Anniston facility in 1976?
4 her is privileged.
4 A. I was one of the engineers that worked
5 MR. STEWART: I'm not talking about what
5 with a consultant on the design.
6 Mr. Kelly might have talked about with her, I
6 Q. Is that the biological treatment facility
7 didn't ask questions about that, for the
7 for wastewater?
8 record. Buddy, in '95. I'm talking about
8 A, For the expansion of the biological
9 what -- it's my understanding that she is
9 treatment system.
10 not -- let me put this on the record. It's my
10 Q. Who was the plant manager at that time, if
11 understanding that she is not represented by
11 you recall?
12 you and that she left the company in May of
12 A. Gene Jessie, I believe.
13 '97, no longer an employee, and you're not
13 Q. Did you all do any work there in
14 representing her today other than you're
14 connection with regulatory agencies while you were
15 representing the company, and I understand
15 on that wastewater treatment facility?
16 that.
16 A. I don't remember any contact with the
17 MR. COX: No. We are representing her
17 agency. I wouldn't have been in that position to
18 today for purposes of this deposition and that
18 do that. The plant would have done that.
19 is what she said. That is what she testified
19 Q. Do you remember whether or not the plant
20 to. And so the conversations we had with her
20 manager, Gene Jessie, or anybody who was located
21 substantively are covered by the attorney
21 there - well, strike that.
22 client privilege.
22 Was there an environmental person located
23 Q. Let me just ask you, Mrs. Hanson, are you
23 at the plant or facility at that time?
24 paying Mr. Cox or are you paying Mr. Kelly today to 24 A. Yes.
25 represent you in any way? Have you offered them or 25 Q. Do you remember a Jerry Brown?
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1 A. Yes.
1 Q. There is a water discharge, I mean a line
2 Q. Did he fill that position at that time?
2 that came out of the plant?
3 A. He was in charge of the waste treatment
3 A. Pipeline.
4 facility.
4 Q. And the wastewater or the waste that came
5 Q. Do you remember any contact that Mr. Brown
5 off the plant site went into that line from what
6 or Mr. Jessie, as plant manager, might have made
6 now?
7 with the Alabama Water Improvement Commission? 7 A. As I remember, this is twenty some odd
8 A. I remember that there was some talk about
8 years ago -
9 the water improvement commission.
9 Q. Certainly. You're younger than I am
10 Q. Do you remember if there were any meetings
10 though, Mrs. Hanson, so you should be able to
11 with anybody with die Alabama Water Improvement 11 remember.
12 Commission at that time?
12 A - we put in aeration tanks, clarifiers,
13 A. I was not involved in any meetings.
13 new blowers so the discharge from the clarifiers,
14 Q. What was the reason that you went down to
14 the final step in the biological system went to the
15 expand the wastewater treatment facility, if you
15 city.
16 know, Mrs. Hanson, at that time?
16 Q. Directly into the sewer system?
17 A. That was right after I started, so I'm not
17 A I think so.
18 sure. They were already into the project I just
18 Q. To your knowledge, was there any waste
19 got assigned to work with one of the senior
19 treated that came off the PCB manufacturing process
20 engineers on that project.
20 that went through that wastewater treatment
21 Q. Were there any regulatory requirements,
21 facility at that time? Was that in place in '76 or
22 either federal or state, that required you all to
22 had it been dismantled?
23 do some kind of examination to the wastewater
23 A. At the time I was down there in '76 and
24 facility and expand those facilities that were
24 'll, I don't think I had any idea what PCBs were.
25 there?
25 Q. So you had no idea whether or not it came
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1 A. I don't know that.
i off there or not?
2 Q. Do you know what the nature of the contact
2 A. No.
3 was with the Alabama Water Improvement Commission?
3 Q. Do you know of any agreements that
4 A No.
4 Mr. Jessie or either Jerry Brown told you about
5 Q. For what period of time did you work on
5 that Monsanto had with the water board or sewer
6 that project?
6 folks in the City of Anniston at that time?
7 A. Probably shortly after I started in '76
7 A. I have no knowledge of those.
8 until late '77 or early '78.
8 Q. Anything else that you did during that
9 Q. Did you have any contact while you were
9 time frame other than what you have already told us
10 there with anybody from the City of Anniston?
10 about, Mrs. Hanson?
11 A I don't think so.
11 A. At Anniston?
12 Q. Did you have any contact with anybody from
12 Q. Yes, ma'am.
13 the water board or the sewer folks that ran the
13 A. No.
14 sewer system?
14 Q. And I'm talking specifically now about the
15 A. Not that I remember.
15 Anniston plant.
16 Q. Where did the wastewater go that left that
16 A. No. I was a young engineer right out of
17 facility, where did you learn that it went at that
17 school, I was the only woman in the group, and more
18 time?
18 than anything I was probably scared to death.
19 A. It went to the city at that time.
19 Q. Of Mr. Jessie or Mr. Johnson or Mr. Brown,
20 Q. It went to the city. How did it get into
20 or just scared to death to be there just to work
21 the city sewer system, was it just dumped in the
21 with those people?
22 sewer system on the plant site, or did it go off
22 A. No, just in general doing what I was doing
23 the plant site?
23 at that time.
24 A. There is a line that comes out of the
24 Q. I know Gene Jessie and I know Jerry Brown
25 plant.
25 and they're perfect gentlemen.
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1 A. No, not them in particular. Just being
1 A. Parts of the ditch are off Monsanto
2 there and doing what I was doing.
2 property, parts of it are on Monsanto property.
3 Q, When did you become involved or have any
3 Q. And how did Mr. Yare tell you this had
4 involvement with the Anniston plant next, when did
4 been discovered?
5 you next become involved?
5 A. I don't remember.
6 A. 1995 when I came back.
6 Q. Did you later learn from someone else how
7 Q. 1995 is when you went back to the plant?
7 it had been discovered?
8 A. (Witness nodding head.)
8 A. I don't remember if I did. It was there.
9 Q. Who is it that selected you to go back to
9 we dealt with it.
10 the plant?
10 Q. When you say it was there and we dealt
11 A. I checked my voice mail one day and I had
11 with it, is it your understanding that it came off
12 a message from Bruce Yare, who was my immediate 12 of the west-end landfill and wound up east of the
13 supervisor, that there was this opportunity and
13 plant?
14 could I be in Anniston on Monday morning.
14 A. No.
15 Q. He said there is an opportunity and could
15 Q. What did you understand was the problem
16 you be in Anniston on Monday morning and you told 16 with the west-end landfill?
17 him, I assume, yes?
17 A. The west -- there was a plan in place to
18 A. Yes.
18 cap the west-end landfill.
19 Q. Did you have a conversation with Mr. Yare
19 Q. A plan in place to cap the west-end
20 after you got that telephone message? I assume you 20 landfill. Why was that?
21 called him back and talked to him?
21 A. That was decided before I got there.
22 A Yeah.
22 Q. Mrs. Hanson, are you telling me that
23 Q. Did you have a conversation with him?
23 what was the contaminant or what was the toxic
24 A. I'm sure I did.
24 chemical that was the problem on the west-end
25 Q. Do you recall what the nature of that
25 landfill?
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i conversation was, what did he tell you that you
1 MR. COX: Object to form.
2 were going to be doing?
2 Q. Were you told?
3 A. Initially, they were characterizing some
3 A. I was told there were PCBs in the west-end
4 of the property on the east side of the plant and
4 landfill.
5 Golder was finishing up the design on the west-end
5 Q. And what happened in the PCBs on the
6 landfill so I would be involved in those two.
6 west-end landfill that had created the problem?
7 Q. So east end or east side of the plant
7 A. I don't know specifically what prompted
8 characterization and --
8 the decision to cap the landfill.
9 A. The west-end landfill.
9 Q. No one told you what the history of the
10 Q. West-end landfill. Now, what did he tell
10 discovery was or when it had taken place?
ll you, what did Mr. Yare tell you the nature of the
11 A. Generally knew the history of the, learned
12 problem was at the Anniston plant when you had that 12 the history of the site, but I don't know the
13 conversation with him before you came down?
13 specific, what specifically triggered the decision
14 A. I don't remember the specific
14 to cap it.
15 conversation.
15 Q, Well, now when you got there -- when
16 Q. I'm not asking you to say word for word.
16 exactly was that that you got to the west-end
17 Do you remember the substance of what he told you 17 landfill?
18 the problem was at Anniston?
18 A. Sometime in spring or summer of '95.
19 A. Basically, that they had found some PCBs
19 Q. Spring of 1995?
20 in the ditch over on the east side and we needed to
20 A. Or that summer. I don't remember.
21 characterize those.
21 Q. And when you got there, is it your
22 Q, Now, when you said in the ditch on the
22 testimony here today that they were already capping
23 east side, is that east of the plant?
23 the west-end landfill or they were getting planned
24 A. Yes.
24 ready to cap the west-end landfill?
25 Q, Was it off Monsanto property?
25 A. The first meeting that I remember
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1 discussing the west-end landfill was when Golder
1 Q. How did you acquire the right to take the
2 presented their design.
2 samples in that ditch?
3 Q. Who did they present that to?
3 A. At that time, I think Jack Mayausky was
4 A. There was a meeting at the plant I don't
4 going out and getting all those releases.
5 remember everybody that was there. I believe
5 Q. From whom?
6 Mr. Foresman was there, Robert Jones. I think the
6 A. The property owners in that area.
7 plant manager may have sat in on part of it
7 Q. Was any contact made with the city?
8 Q. Who was that?
8 A. I don't remember.
9 A. Jack Mayausky. I believe Larry Adams was
9 Q. Do you remember a gentleman, Mrs. Hanson,
10 there.
10 named Dale Garrett?
11 Q. Who is Larry Adams?
11 A. Yes.
12 A. Larry Adams is in Mr. Foresman's group.
12 Q. Did you meet with Mr. Garrett in
13 Q. What was Mr. Foresman's group?
13 connection with the sampling that was done on the
14 A. The site managers.
14 east side of --
15 Q. Who else was there?
15 A. No, I didn't
16 A. I was there. I think there were two
16 Q. Do you know whether or not Mr. Mayausky
17 Golder engineers.
17 did?
18 Q. Who else?
18 A. I don't know.
19 A. That's all I remember.
19 Q. What about Mr. Charles Johnson?
20 Q. Now, this was in the spring of '95?
20 A. I knew Charlie.
21 A. I first went back to Anniston in March. I
21 Q. How did you know Charlie, did you meet him
22 think the first few months, I don't know, early on
22 in '76 or did you meet him when you went to the
23 we worked on the ditch on the east side. I'm not
23 site in March of 1995?
24 sure exactly when I started working on the west-end 24 A. I don't think I met either --1 don't
25 landfill, but it would have been that spring or
25 think 1 met Charlie until we started doing some of
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1 summer.
1 the work on the west side. I think Dale I met
2 Q. So in the March period of 1995, you were
2 later when we started putting up the fence on the
3 working on the ditch on the east side. What was
3 east.
4 happening over there?
4 Q. Why is it that you had contact with
5 A. We were doing some sampling in the ditch.
5 Charlie when you were doing same work on the west
6 Q. What else?
6 side?
7 A. And we went in and put a temporary cap
7 A. We were doing some excavation and we had
8 over the spot that had some particularly high
8 ran into one of the city water lines. And I think
9 concentrations of PCBs.
9 I ended up talking to Charlie to get their drawings
10 Q. Who made the decision to do the sampling
10 to make sure we didn't - actually, I think we did
11 on the east side?
11 break the water line over there and ended up
12 A. Specifically, I don't know. I mean, that
12 shutting off the water to the people on the west
13 was what I was told I was going to go do, is
13 side for an afternoon until they got out there and
14 supervise the sampling.
14 fixed it.
15 Q. Who told you that you were going to
15 Q. Did you ever meet with Mr. Johnson about
16 supervise the sampling?
16 anything other than the water line?
17 A. Mr. Yare, my boss.
17 A. Later on when we talked about zoning and
18 Q.. And who did the sampling?
18 vacating the streets on the east side.
19 A. Garety and Miller.
19 Q. And when would that have been?
20 Q. And was the sampling done all on
20 A. '96.
21 Monsanto's property?
21 Q. And you talked to Charlie Johnson about
22 A. No. I think we took some samples in the
22 zoning. What did you talk to Charlie about
23 ditch further down stream.
23 zoning?
24 Q. Was that on Monsanto's property?
24 A. Vacating the streets.
25 A. No.
25 Q. What streets were vacated, if you recall,
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1 on the east side of the plant?
l A. Late '96.
2 A. On the city's plat there were streets that
2 Q. When did you vacate the street?
3 were laid out Many of them had never been paved.
3 A, Mid '96, that summer.
4 They were surrounded by Monsanto property or later 4 Q. You mentioned that you were doing
5 property that we bought in the property purchase
5 excavating on the west-end landfill on die west
6 program. And once we had all the property on
6 side. What excavating were you doing over there?
7 either side, we vacated the streets.
7 A. We put in a temporary detention pond.
8 Q. How did you go about vacating those
8 Q. Were you not involved in excavating a
9 streets, did you go through the city counsel
9 portion of the landfill itself?
10 process?
10 A Only where the drainage from the south
11 A. Standard process, whatever the city and
11 side came around the toe of the landfill. We had
12 the county commission because a couple of the
12 to take out some old concrete and reshape that to
13 streets were in the county.
13 accommodate the cap.
14 Q. Why is it that you talked to Mr. Johnson
14 Q, Well, what happened to that soil that you
15 with public works? Wasn't he head of the public
15 all excavated, what did you do with it?
16 works department for the City of Anniston?
16 A. Some of it was sent to Emelle.
17 A. I think all of the engineering, I think he
17 Q. Why?
18 was the one, the initial contact to find out what
18 A Because of the PCB concentrations in it.
19 the process was to vacate the streets.
19 Q. What level did you make the determination
20 Q. Was he favorable towards vacating the
20 it needed to be sent to Emelle?
21 streets?
21 A. I believe TOSCA is fifty parts per
22 A. I don't know what his feelings were. We
22 million.
23 got the -- we went through the standard process. I
23 Q. Anything above fifty parts per million was
24 believe it went to city counsel.
24 sent to Emelle, is that correct?
25 Q. Did Mr. Johnson indicate to you that he
25 A. If we excavated, we started out that way.
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1 would recommend that the streets be vacated.
1 Q. You started out that way?
2 Mrs. Hanson?
2 A. Right.
3 A. In most cases in the city there were no
3 Q. And then, at some point in time, you
4 streets there. It was just a line on the map that
4 changed because you and Mr. Mayausky and others
5 we vacated. Yes.
5 went down to ADEM and got them to let you change,
6 Q. He did, he indicated he was agreeable to
6 correct?
7 doing that?
7 A. I didn't go to ADEM.
8 A. Yes.
8 Q. Did you talk to the people at ADEM and ask
9 Q. Were you allowed to do any work in those
9 them to let you change, Mrs. Hanson?
10 streets before they were vacated? You were, were
10 A. I didn't.
11 you not?
11 Q. Who did?
12 A. I mean, the streets, the lines on the map
12 A. Probably Robert Jones.
13 that were out in the middle of that big open field.
13 Q. And did Mayausky go?
14 I don't think we distinguished where they were
14 a. I don't know.
15 before we went out there and sampled.
15 Q. Why was it that you all decided to make
16 Q. My question to you was, you did some work.
16 that change, Mrs. Hanson?
17 remediation work on those streets before they were
17 a. Basically, we screwed up when we did the
18 vacated, did you not, in where the streets were
18 design and nobody calculated how much dirt was
19 before they were vacated?
19 going to have to come out of there to get that
20 A. I don't think we did any remediation. We
20 ditch in. And when we did the design and the
21 sampled in there.
21 estimate we just blew it. So we realized how much
22 Q. Did you do any remediation on the east
22 dirt there was and didn't see any sense in hauling
23 side?
23 all that stuff and exposing people to it when it
24 A. We put in the pond.
24 was, we could put it on top of the cap, under the
25 Q. When did you do all of that?
25 cap.
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Page 105 1 Q. And so they gave you permission, once you 2 found out the cost was going to be prohibitive, to 3 put it on top of the cap, is that correct?
Page 107 1 A. I don't remember. 2 Q. Did you ever see anything in writing from 3 ADEM?
4 MR. COX: Object to form.
4 A. On that specific subject?
5 A. Cost was part of the decision, but had we
5 Q. Yes, ma'am.
6 known beforehand how much we were going to 7 excavate, we would have planned to put it under the 8 cap to begin with.
6 A. I don't remember. 7 Q. You don't remember seeing anything in 8 writing?
9 Q. You excavated as much as 400,000 pounds.
9 A. No.
10 didn't you? 11 A. 1 don't remember the number.
10 Q. What were you all travelling under to do 11 the work that you were doing on it, did you have
12 Q. It cost you about a million dollars,
12 some kind of consent decree or consent order at the
13 didn't it? 14 A. Not quite that much. 15 Q. How much, 900,000? 16 A. Seven-fifty or eight
13 time you were excavating? 14 A. There was some kind of an order or decree 15 from ADEM, yes. 16 Q. How was that arrived at?
17 Q. Okay. Who at Saint Louis hit the ceiling
17 A. I don't know.
18 when they got that bill?
18 Q. Did you have another meeting where you all
19 A. Well, you put your finger on that one.
19 sat down -- did you have a meeting where you all
20 Mike Foresman.
20 sat down and worked that out?
21 Q. And he said you all better get something
21 A. That was all in place before I went to
22 straightened out on this?
22 Anniston.
23 A. That is probably a polite way of putting
23 Q. Well, after Mr. Jones -- that certainly
24 what he said, yes.
24 was in place before you all recognized this
25 Q. Who did you talk to at ADEM that allowed
25 problem, wasn't it?
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1 you to do what you did?
1 A. I'm sorry. You lost me here.
2 A. I didn't talk to anybody at ADEM.
2 Q. The problem about excavating the stuff and
3 Q. Who did Mr. Jones talk to?
3 taking it to Emelle, the $800,000 problem, that was
4 A. I don't know. Whoever was in TOSCA at
4 before that, the consent order was entered before
5 adem. Mr. Jones was very jealous of his
5 that, wasn't it, that you were working under?
6 relationship with the state. He did not let us
6 A. There was an order, a consent decree or
7 talk to the state very much.
7 whatever, I don't know the terminology, in place to
8 Q. Mr. Jones handled that?
8 do the west-end landfill cap before I went to
9 A. Yes.
9 Anniston.
10 MR. STEWART: Let me take a phone call and
10 Q. And you all began to excavate and take it
11 I will be right back.
11 down to Emelle and when you all got permission to
12 (Recess.)
12 put that particular substance or that dirt that you
13 Q. Who did Mr. Jones talk to at ADEM, do you
13 all were excavating on top of the landfill and cap
14 know?
14 it too, was there any kind of meeting with ADEM
15 A. I don't know.
15 where a modification of that consent order was
16 Q. Do you remember a John Poole or Jerald
16 entered?
17 Hardee?
17 A. I don't know the exact mechanism. I know
18 A. I remember those names.
18 Robert met with ADEM and we got permission to do
19 Q. Do you remember what he said when he came
19 that.
20 back from talking to adem, that they had given him 20 Q. But you don't remember whether or not it
21 permission to do that?
21 was in writing?
22 A. Basically, yeah.
22 A. I think it was, but I don't remember
23 Q. Well, how was that done? Was that done in
23 specific documents.
24 writing or they just said, no, go ahead and put it
24 Q. Was there any kind of public, opportunity
25 under the cap?
25 for the public to comment about it at that point in
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1 time? Do you remember a public hearing about that? 1 A. From the time I left Anniston in '77 or
2 A. On that specific issue?
2 '78, until I went back in March of '95,1 had no
3 Q. Well, first on the capping of the landfill
3 contact with Anniston, 1 had nothing to do with
4 and then on the first --
4 Anniston. I was working on other projects. I
5 A. Again, I don't know. The capping of the
5 don't know what happened between then and before
6 landfill, the consent decree or whatever was in
6 '95.
7 place when I got there, I don't know if they had
7 MR. STEWART: We'll take a short break
8 public meetings before that or not.
8 now, if we can. It's a good place for us to
9 Q. On that particular issue do you remember
9 break.
10 having a public meeting? Do you remember going to 10
(Luncheon recess.)
11 the meeting center there in Anniston or the city
11 MR. STEWART: Before we get started back
12 auditorium and saying, here is what we're going to
12 with Mrs. Hanson, I wanted to go over this
13 do, we're going to cap this thing?
13 problem and I would like to avoid calling
14 A. I didn't.
14 Judge Ott. It's my understanding that, based
15 Q. Do you remember whether Monsanto did that
15 on the facts as we understand them from
16 or not?
16 Mrs. Hanson, that she has not hired you all to
17 A. I don't remember.
17 represent her and you don't represent her and
18 Q. How early, if you recall, Mrs. Hanson, did
18 paid you a fee for that purpose. She is no
19 you all realize that you had an off-migration of
19 longer working for Monsanto. And this
20 PCBs off this other landfill and off the west-end
20 wouldn't be the first time that I was wrong
21 landfill off Monsanto's property? How early on in
21 about something, but privilege, I don't think,
22 the process do you understand that knowledge was
22 extends to conversations that you have with
23 acquired by Monsanto?
23 former employees in preparing them for some
24 MR. COX: Object to form.
24 kind of deposition. She does not do any
25 Q. The year will do to begin with.
25 consulting work.
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I A. I'm not sure I understand your question,
1 If you want us to call Judge Ott, we'll
2 but there was work --1 think there had been work
2 do it. We're here to take her deposition. If
3 before I got there. Obviously, somebody got to the
3 you want to preserve your objection we can go
4 point of deciding to cap the landfill.
4 ahead and ask, but it's my understanding, and
5 Q. Well, that took a long time to put that
5 I hate to pull an Eddie Newsom (phonetic) on
6 project together, didn't it? Didn't it take
6 you, but it's my understanding that you are
7 months?
7 instructing the witness, and I want to get
8 A. I would think it took Golder months to
8 that on the record, not to answer at this
9 finish the design, yeah.
9 point in time. And maybe we can take it up
10 Q. So that would have been certainly before
10 with the judge, but if we do, we can't get him
11 the spring of, March of 1995 when you went down
11 and we do, then what we're going to ask for is
12 there, wasn't it?
12 for you all to pay for whatever trip we have
13 A. Yes.
13 to take to Sarasota to get that taken care of.
14 Q. So it would have been sometime in '94 or
14 MR. COX: Let me clarify a couple
15 better, is that correct?
15 things. One, when we were -- either I will
16 A. I guess so.
16 put this on the record or if you want to ask
17 Q. So would it be fair to say then, as far as
17 Mrs. Hanson about it, you can. When Mr. Kelly
18 your knowledge -- I'm asking you what your
18 contacted Mrs. Hanson, told her that Solutia
19 knowledge of the situation was concerning that.
19 would provide her counsel to assist her in
20 Sometime in '94, certainly, and maybe even before
20 preparation for the deposition -
21 then Monsanto knew there was an off-migration of
21
MR. STEWART: That's not what she said.
22 PCBs from the southern landfill and from the
22 Buddy. You can put that on the record, but
23 west-end landfill?
23 that is something that is contrary to what has
24 MR. COX: Object to form.
24 been said here.
i;25 ;Q. Oi ff the- plant site. Page 109 - Page 112
25 MR. COX: I don't think it's contrary.
_____ i
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I I'm just telling you more of the details. And
1
2 that she accepted that and, as a consequence
2
3 of that, we met with her yesterday. We didn't
3
4 show her any documents, as she said. We are
4
5 going to assert the attorney client privilege
5
6 both on that ground and on the basis that she
6
7 is a former employer and that we could meet
7
8 with her and talk to her and that those
8
9 conversations are covered by the attorney
9
10 client privilege.
10
11 MR. KELLY: That conversation was
11
12 reiterated yesterday, Donald, before the
12
13 session by Mr. Cox. We're just telling you
13
14 the facts as they are.
14
13 MR. STEWART: Let me see if I understand
15
16 it You all are taking the position that you
16
17 have, Solutia is providing her counsel, is
17
18 that what we're saying?
18
19 MR. KELLY: No. We asked -- and, Donald,
19
20 we do this and Buddy reiterated it again
20
21 yesterday. When I called Mrs. Hanson we told
21
22 her that her deposition had been asked for and
22
23 that we needed to see if we could find some
23
24 convenient dates. We certainly were aware
24
25 that we can either cooperate or you could
25
Page 114
1 subpoena, and none of us has used that
1
2 process, whatever could be avoided.
2
3 I asked -- when I talked with Mrs. Hanson
3
4 it was, Solutia can provide you counsel, do
4
5 you want counsel, do you want to be provided
5
6 counsel, that and she answered in the
6
7 affirmative. Do you want us to represent you
7
8 at the deposition. We do that when we talk to
8
9 die former employees. If you want it
9
10 They're free to say no if they don't want us
10
11 present.
11
12 My recollection, and Buddy can speak to
12
13 this, is that that conversation was reiterated
13
14 by Buddy before we had the meeting yesterday.
14
15 do you want us to represent you at this
15
16 deposition.
16
17 MR. STEWART: Well, apparently, she had a
17
18 lapse of memory about that.
18
19 THE WITNESS: No. I said that -- I
19
20 answered that, yes, they said they were
20
21 representing, I want them to represent me, but
21
22 I'm not paying them out of my pocket.
22
23 MR. KELLY: And that's a distinction.
23
24 The fact that Solutia is going to pay for that
24
25 does not mean there is not an attorney
25
SCLAFANI WILLIAMS COURT REPORTERS, IN C.
Page 115 client --
MR. STEWART: Well, I want to take it up with the court at this time.
MR. COX Let me just tell you this. Donald. We can call Judge -- we can take this off the record.
(Discussion off the record. ) (Telephone call with Judge Ott.) MR, STEWART: This is Donald Stewart Buddy Cox and Mike Kelly are here and Ellen Malow is here. We're involved in a deposition of a woman named Jo Hanson, who is a former employee of Monsanto. And we started asking her about conversations she had had with Mike Kelly and Buddy Cox and they asserted the attorney client privilege, first on the basis that she is a former employee and, second, we understand now from what Mike and Buddy have put on the record, is that in situations like this with former employees they ask them if they want Solutia to provide them with an attorney. Mrs. Hanson has indicated that, at one point in time during the course of our examination of her, that she did not pay them
Page 116 a fee or hire them to represent her, but then she has indicated in response to their saying that they had that conversation with them that she told them she wanted them to represent her in the deposition.
Our position is that she is a former employee, she hasn't engaged them to do anything, and that the privilege doesn't apply. And we want to get at least some kind of a ruling that would be applicable to that from the court and then Buddy can speak to that.
MR. COX: And, Judge, our position is that what we met with her about had to do with the substance of her employment with Monsanto. Well, she was a Monsanto employee. She was never a Solutia employee, but Monsanto is the defendant. That she did have --
She had responsibilities at the site. She was a project manager for the project. She had a lot of responsibility at the site and that as a former employee, one, we can talk to her and a privilege covers those and also the fact that when we did meet with her twice, both over the phone while we were
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1 arranging her deposition and also yesterday.
1 is that prior to this conversation, or at
2 that she did want us to provide her counsel
2 least part of their conversation preparing for
3 and assist her at Solutia's, Monsanto's
3 the deposition, she indicated that she wanted
4 expense to represent her during the course of
4 someone to represent her from Monsanto.
5 the deposition.
5 THE WITNESS: That's true.
6 And, you know, Donald has asked as he is
6 MR. STEWART: From Solutia.
7 entitled to ask, did we meet, and she has
7 THE COURT: Well, I don't understand the
8 answered that He has asked if we showed her
8 difference between Solutia and Monsanto.
9 any documents and she has answered that
9 MR. STEWART: Solutia is a spin-off. I
10 question. And he has asked -- but then as far
10 mean, I'm just quoting Mr. Kelly verbatim. He
11 as the substance of the communications between
11 has indicated to me that Solutia made the
12 myself and Mr. Kelly and Jo Hanson, that's
12 offer. Now, if he wants to change that now.
13 where we have objected.
13 that's fine.
14 And there is an Alabama Supreme Court
14 THE COURT: Well, the point is, as far as
15 Case that we submit would be on point It's
15 the individual, this woman is concerned, from
16 Expart Time Insurance Company. It's 646 So.2d 16 what I'm hearing, I think she had reason to
17 583. It deals with the attorney client
17 believe that her conversations would have been
18 privilege in the context of preparation for
18 protected by the attorney client privilege in
19 depositions of an investigator for an
19 light of the fact that she, in the
20 insurance company.
20 conversation, asked for counsel. Therefor, I
21 MR. STEWART: Judge, I would submit to
21 think those conversations are privileged.
22 the court that that is totally different than
22 MR. STEWART: Okay.
23 a former employee. I want the court to also
23 THE COURT: However, I think you can go
24 know, for the record, that this woman was, she
24 into the areas you already have. I think that
25 got severance pay and left Monsanto's employ
25 was definitely appropriate, but any
Page 118
Page 120
1 and has not worked for them since that time
1 conversation between her and the attorney,
2 and that was in May of 1997. And the only
2 whichever one it was, related to her
3 conversation that we asked her about was a
3 preparation for this deposition, I think is
4 conversation that she had with the lawyers to
4 privileged.
5 prepare her for this deposition. And I would
5 MR. STEWART: All right, Judge. Thank
6 submit to the court that we're entitled to ask
6 you.
7 that. That is my point
7 THE COURT: Do you all need anything
8 I would say that since the investigator,
8 else? If not, I was going to head out for
9 who is not a former employee, and Ellen can
9 about an hour.
10 speak to it, she has read this case, but it's
10 MR. COX: I think we're fine now.
11 my understanding that that would be at least
11 THE COURT: Thank you. Bye-bye.
12 distinguishable on those facts.
12 MR. COX: Thank you. Judge.
13 THE COURT: well, it seems like to me
13 (Telephone call with Judge Ott concluded.)
14 from what I'm hearing from you all, the issue
14 MR. STEWART: I will say this much
15 is whether or not she had invoked the attorney
15 though, we will travel down the road
16 client relationship at the time they had the
16 together. We will have those same kind of
17 conversation. It really isn't quite as
17 conversations with every witness we've got
18 important as to whether or not she was an
18 from now on.
19 employee or former employee at the time they
19 MR. COX: That's fine.
20 had the conversation as to whether or not she
20 BY MR. STEWART:
21 had invoked it. Do you not agree, Donald?
21 Q. Mrs. Hanson, let me ask you this. It's my
22 MR. STEWART: I would agree.
22 understanding now, from having a conversation with
23 THE COURT: And from what I'm hearing
23 your attorneys, that - and I assume Mr. Cox and
24 from what they're saying and, apparently, what
24 them are now your attorneys, contrary to what you
25 you have gotten already through the deposition
25 previously told us?
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1 A. I don't think I said that previously.
1 that.
2 Q. What did you say previous, just so I'm
2 Q. But you did learn that from an employee of
3 sure about that?
3 Monsanto who is perhaps a superior to you or
4 A. Mr. Kelly, when he initially called me and
4 someone who worked with you in the environmental
5 said you wanted to depose me, said that if I wanted
5 group?
6 they would represent me at Solutia's cost And I
6 A. Somewhere I picked that up, yes.
7 said, yes, I'm not coming down here to talk to you
7 Q. Was it just in the environmental area that
8 alone. And yesterday when they got here Mr. Cox
8 that was involved, Mrs. Hanson?
9 asked again did I want them to represent me.
9 A. I don't know.
10 Q. So it was at Mr. Kelly's suggestion that
10 Q. What is it that is unique about die
11 you chose to have them represent you in this case.
11 environmental area that caused you people who were
12 he is the first one who broached that subject, is
12 involved there for years to be concerned about
13 that not correct?
13 coming before Ms. Malow and me today to testify
14 A. When he called initially to say you wanted
14 about the facts that you knew about the Anniston
is to depose me, yes.
15 plant site?
16 Q. And that was what he indicated to you
16 MR, COX: Object to the form.
17 before you agreed to come and testify in this
17 A I don't know that it's unique among the
18 case?
18 environmental group.
19 A I'm not sure I had any choice.
19 Q. What is it that you made you fearful about
20 Q. Ma'am?
20 coming here to us and want and desire to respond in
21 A. I'm not sure I had any choice whether I
21 the affirmative to Mr. Kelly and Mr. Cox's offer
22 talked to you or not My understanding was that
22 for you to have them represent you?
23 you were going to talk to me this way or you would 23
MR. COX: object to the form.
24 subpoena me. I'm not coming down here to talk to
24 A. I'm not sure I'm afraid of you, Donald.
25 you by myself. It was always my understanding that 25 Q. We're not suggesting that you are. You
Page 122
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l anybody that left Monsanto or Solutia, if they got
1 just indicated that you were --
2 called later for a deposition, would be represented
2 A. You just asked me what made me fearful.
3 by Solutia's attorneys.
3 I'm not fearful of you.
4 Q. How is it that you came to that
4 Q. Well, what exactly were you fearful of in
5 understanding?
5 coming down here as a witness in a case?
6 A I don't know. That's kind of the general
6 MR. COX: You're asking her die reasons
7 understanding throughout the group I was in, I
7 why she agreed to have Mike and --
8 guess. I don't remember specifically, but other
8 MR, STEWART: No, sir, I'm not asking her
9 people who have retired and been called later to be
9 that. And if you're going to make an
10 deposed have been represented by Monsanto's or
10 objection, you make one. If you're not, you
11 Solutia's attorneys.
11 stick to the rules and don't be making
12 Q. So you're talking about the environmental
12 speaking objections.
13 group that you were a part of?
13 MR. COX: I'm just trying to understand.
14 A. Yes.
14 Donald.
15 Q. And what other employees were treated in
15 MR. STEWART: I'm asking Mrs. Hanson the
16 this same fashion that gave you your understanding
16 question and I think she understood it. And
17 that that's the way Monsanto treated the employees
17 all I'm asking her to do is to respond.
18 that were part of this group?
18 BY MR. STEWART:
19 A. I don't know of anybody specifically right
19 Q. What were you fearful of? Is there
20 now, but that's --
20 something you were afraid you might disclose --
21 Q. Well, who told you that that's what would
21 A, No.
22 happen, if you were called in an environmental case 22 Q. -- that would create some problems for
23 then Solutia or Monsanto would provide you with an 23 your former employer?
24 attorney to represent you?
24 A. No.
25 A. I don't know specifically who told me
25 Q. Do you have some kind of agreement with
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1 them that you cannot say things in a setting like
1 anything.
2 this unless they have their attorneys talk to you
2 Q. That wasn't my question. You know if you
3 first?
3 told someone to burry something outside a regulated
4 A. No.
4 landfill, that would be wrong, don't you,
5 Q. Is there something in the agreement that
5 Mrs. Hanson?
6 you signed with Monsanto when you left them in May 6
MR. COX: object to the form.
7 of 1997 wherein you agreed that if you came to this
7 A. Yes.
8 particular type setting in connection with lawsuits
8 Q. And, to your knowledge, was anything like
9 that were pending against Monsanto that you
9 that done, Mrs. Hanson, on this particular site?
10 couldn't say anything in a negative way about them? 10
MR. cox.- object to the form.
11 A. No.
11 A. We had permission from ADEM to move the
12 Q. Then what is it that you were concerned
12 soil. We didn't burry anything.
13 about that you felt that you had to talk to Mr. Cox
13 Q. To move soil. To move soil from where to
14 and Mr. Kelly about in the course of the
14 where, Mrs. Hanson? Where did ADEM give you
15 conversation you had with them yesterday and the
15 permission to move soil?
16 conversation you had with Mr. Kelly by phone? What 16 A. Within the limits of the west-end
17 is it that you were afraid that you might tell
17 landfill.
18 Ms. Malow and me about the situations that you were 18 Q. What about outside of the limits of the
19 involved in at Monsanto and particularly at die
19 west-end landfill?
20 Anniston plant site?
20 A. I don't think we moved any soil outside
21 MR. COX Object to the form.
21 the limits of the west-end landfill.
22 A. I never said I was afraid.
22 Q. Is it your testimony that there was no
23 Q. Well, maybe I misunderstood you. Maybe we
23 soil which contained PCBs that were moved on that
24 can have the court reporter read it back.
24 site outside of the west-end landfill and buried in
25 A. I just said I was not going to come down
25 other than a regulated landfill?
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1 here by myself and talk to you, but I didn't say 1
1 MR. COX: object to the form
2 was afraid of you or anything else.
2 A. Other than within the limits of the west
3 Q. You just felt like you needed to have a
3 end landfill, I don't remember that we moved any
4 lawyer because of your involvement in the Anniston
4 soil. We did pick up some soil outside the plant,
5 plant site, is that what you were concerned about?
5 but it went to Emelle.
6 A. I don't know how to answer your question.
6 Q. Where did you pick up the soil outside the
7 Q. Did you personally make some decisions at
7 plant that went to Emelle?
8 the Anniston plant site that might have caused you
8 A. I don't remember.
9 some concern about your own personal liability,
9 Q. Well, was it east of the plant, south of
10 Mrs. Hanson?
10 the plant, west of the plant?
11 A. No.
11 A. I'm just trying to think, Donald. I
12 Q. Did you help make the decision about what
12 really don't remember.
13 to do with the west-end landfill?
13 Q. Is it not true, Mrs. Hanson, that other
14 A. No.
14 than what you all took off the toe of that landfill
15 Q. Did you make any decisions about where to
15 on the west-end landfill, you all did not have the
16 burry or to dispose of contaminated substances on
16 permission of ADEM to put anything that you found
17 that site?
17 anywhere else off those regulated landfills or
18 A. No.
18 cells? You didn't have any permission to put
19 Q. Did you tell any contractor to burry
19 something -
20 things outside of a regulated landfill,
20 Let's say you found something on the east
21 Mrs. Hanson?
21 side. You couldn't put it on the south landfill,
22 A. No.
22 could you? There was no provision for that in
23 Q. Well, you know if you did something like
23 anything you had by way of a consent order or
24 that that would be wrong, don't you, Mrs. Hanson?
:24 consent decree from ADEM? They didn't allow you to
25 A. I didn't tell any contractor to burry
;25 do that, did they.
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1 MR. COX: object to the form.
1 permit that was in place at the time you went to
2 Q. Did they, Mrs. Hanson? You can answer the
2 this plant site in March of 1995 covered, is that
3 question. He is just objecting because he is down
3 correct?
4 here to do that.
4 A. I believe there was some groundwater
5 A. We didn't do that
5 monitoring requirements in it It was not my job
6 Q. You did not do that. Is it not a fact,
6 to understand the RCRA permit I was sent there to
7 Mrs. Hanson, that you all took soil from around the
7 do the construction.
8 Bethel Church and buried it somewhere other than at 8 Q. Mrs. Hanson, is it not a fact that the
9 one of those landfills like Emelle?
9 RCRA permit that you all had in place on that plant
10 A. Not to my knowledge.
10 site did not cover the west-end landfill?
11 Q. Who would have knowledge of that.
11 A. I don't know. I don't know, Donald, I
12 Mrs. Hanson?
12 went down there to do the construction on the
13 A. I don't know.
13 west-end landfill.
14 Q. If that was done, that would be a
14 Q. Were you involved at all in any
15 violation of the law, wouldn't it, Mrs. Hanson?
15 conversations with anybody at ADEM about the
16 MR. cox: object to the form.
16 west-end landfill and the modification of the RCRA
17 A. If that was done -- I have no knowledge
17 permit to cover that?
18 that that was done.
18 A No.
19 Q. If it was done, Mrs. Hanson, it would be a
19 Q. So if Mr. Mayausky or Alan Faust said that
20 violation of the law, wouldn't it?
20 you were involved in that, they're incorrect, is
21 MR. COX: object to the form.
21 that true?
22 A. It depends on the circumstances.
22 A. I don't remember being involved in any
23 Q. Well, tell me about the circumstances that
23 discussions with ADEM.
24 would allow you to take a soil that was highly
24 Q. So you did not have any discussions with
25 contaminated with PCBs and put it somewhere other 25 ADEM at any point in time that you were down there?
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1 than a regulated landfill if you didn't find it in
1 A. No. I was in meetings that ADEM attended.
2 the south landfill or the west landfill?
2 Q. Where was that?
3 MR. COX: Object to the form.
3 A. Golder presented the design of the
4 Q. What gave you the right to do that?
4 landfill to ADEM at the plant.
5 A. To my knowledge, we didn't do that
5 Q. Well, when did that happen?
6 Q. Well, what did your RCRA permit cover when
6 A. Sometime before we started construction.
7 you went down there? It didn't cover that west-end
7 Q. Would that have been in '95?
8 landfill, did it, Mrs. Hanson?
8 A. Since I didn't go down there until March
9 A. I'm not familiar with the plant's .RCRA
9 of '95,1 guess it was.
10 permit
10 Q. 1 thought you had indicated earlier - and
11 Q. Now, let's see, Mrs. Hanson. I'm trying
11 please forgive me if I'm wrong. I certainly have
12 to understand what your job really is. And I'm not
12 been incorrect so far today on some tbings, but I
13 being a smart aleck here, I'm just trying to figure
13 don't think I'm incorrect about this. I thought I
14 all this out. And not having the opportunity to
14 understood you to say that they completed that
15 talk to you yesterday, this is our first time to
15 project before the end of '95, the west-end
16 me.
16 landfill?
17 You go down there to do this project down
17 MR. COX: object to the form.
18 there and it's my understanding, from what you have 18 Q. Did they?
19 told me earlier, that you don't know anything about
19 A. I don't think we finished the west-end
20 the history of the plant or what is buried out
20 landfill until sometime in '96.
21 there, is that right?
21 Q. Well, you started in '95, didn't you?
22 A. I know a lot of hearsay about it I have
22 A. We started late '95 and it rained for two
23 no direct knowledge of the history of the plant or
23 months.
24 what is buried out there.
24 Q. That would have been the November you were
25 Q. And you have no idea of what the RCRA
25 talking about?
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1 A. (Witness nodding head.)
l Q. Men or women?
2 Q. But you indicated that you had a meeting
2 A. I think one or two of each.
3 with adem and that took place in '95, did it not?
3 Q. Was there one woman, one man or perhaps
4 A. Yes.
4 two women and two men from ADEM?
5 Q. And what did the plan consist of that you
5 A, That's generally how you get three people.
6 all put in place or presented to ADEM? What did
6 Q. Did you know whether or not they were from
7 you all propose to do?
7 the land or the air or the water division?
8 A. To cap the west-end landfill.
8 A. I don't remember.
9 Q. To cap the west-end landfill. Which is a
9 Q. Who was there from Monsanto?
10 little different than what you were originally
10 A. Robert Jones.
11 doing, and we have gone through all that. When was 11 Q. Who else?
12 that plan made, presented? When exactly, in
12 A Probably Larry Adams, at that time.
13 relation to when you started in November, did you
13 Q. Is Mr. Adams a project manager too, did he
14 all present that to ADEM?
14 do the same kind of work you did at that time?
15 MR. COX:' Object to the form.
15 A. No.
16 A I can't tell you an exact date. It was
16 Q. What was his position?
17 sometime --
17 A He --1 guess they're titled remediation
18 Q. You went there in March and the project
18 managers.
19 started in November. When in between March and
19 Q. Did he work under you?
20 November did you present that?
20 A. No.
21 A. It was sometime between March when I first
21 Q. Over you?
22 went down there and September because that's when 22 A. Not directly.
23 the contractor came on site.
23 Q. Well, in the chain of command, was he
24 Q. So the contractor came on site in
24 above you or below you?
25 September. Would it be more towards September or 25 A. I was not in the same chain. I reported
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1 more towards March that you all made these plans
I to Bruce Yare who reported to Mike Foresman.
2 available to ADEM?
2 Q. Who did Mr. Adams report to?
3 A, I don't know. It was probably more toward
3 A. Mr. Adams reported directly to
4 March. We had --
4 Mr. Foresman.
5 Q. Where did you meet?
5 Q. Who else was there?
6 A. At the plant.
6 A. Two or three people from Golder.
7 Q. So ADEM came up to the plant and met with
7 Q. Is Mr. Adams still with the company?
8 you all, is that correct?
8 A I don't know.
9 A. Yes.
9 Q. Was he connected with Anniston before you
10 Q. And who came from adem up there to meet
10 became connected with Anniston?
11 with you all?
11 A. Yes.
12 A. I don't remember their names.
12 Q. Did he manage that facility much like you
13 Q. Well, do you remember John Poole?
13 managed this particular project before you came
14 A. I know that name.
14 aboard?
15 Q. Was Mr. Poole there?
15 A. No.
16 A. I don't remember.
16 Q. What was he responsible for, what was he
17 Q. Do you remember a Gerald Hardee?
17 there to do, if you know?
18 A. I know that name. 19 Q. Was he there?
18 A. I don't know how long Larry had been there 19 or what he was doing. He worked for Foresman. He
20 A. I don't know.
20 was there when I started and left shortly
21 Q. Was anybody else there from ADEM?
21 thereafter.
22 A. I don't know that those two were there.
22 Q. Did he report directly to Foresman, didn't
23 Q. Well, do you know anybody that was there?
23 have to report to the plant manager?
24 A. There were two or three people from ADEM.
24 A. Yes.
25 And I believe --
25 Q. Did you report directly to Mr. Yare?
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1 A. Yes.
1 A. Robert Jones introduced the people and the
2 Q. Did you all act sort of independently of
2 Golder design engineer made the presentation.
3 the local plant manager or did you act in
3 Q. And what was the basic substance of the
4 conjunction with him?
4 presentation they made to them? What did they tell
5 A When the group out of Saint Louis went
5 them you all were going to do with that west-end
6 into a plant facility, we worked with the plant.
6 landfill?
7 Generally, the plants maintained the relationship
7 A. They showed them the detailed design
8 with the agency. We worked with them. We didn't
8 drawings.
9 report to diem. Totally different reporting
9 Q. Which?
10 structure.
10 A. Of the landfill, of the cap, cover.
11 Q. Who made the final call on, say what kind
11 Q. Well, now when, if you recall, in relation
12 of remediation to do, you all?
12 to when they presented this to ADEM, did you all go
13 A. Generally, that decision was made within
13 back to adem and tell them you wanted to cap some
14 Fotresman's organization.
14 of that soil you were taking off the toe of the
15 Q. And that decision was generally made in
15 landfill on the west-end landfill? When was that
16 Saint Louis as opposed to Anniston or Sauget or
16 modification made?
17 wherever you all were?
17 A After we started digging and realized that
18 A. Right
18 we missed that quantity and decided that we were
19 Q. So the plant manager basically maintained
19 going to put it up there instead of hauling it all
20 relations with the people who were in the
20 to Emelle.
21 regulatory agencies and the environmental people
21 Q. So that was a part of this detailed design
22 who were at the plant?
22 that Golder presented to ADEM?
23 A. Yeah, the environmental people at the
23 A. Yeah.
24 plant.
24 Q. And what was said in that plan
25 Q. You were telling us who else was there at
25 specifically about what you all were going to do
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1 this meeting and I think you said it was closer to
1 about excavating soil off the west-end landfill and
2 March when you all presented the plans. Who else
2 taking it to Emelle?
3 was there?
3 A. I don't know what specifically was said.
4 A. I don't remember. Robert, Larry Adams,
4 We talked about there would have to be some
5 two or three people from adem. i believe there was
5 excavation around the toe of the landfill to
6 a guy from region four in Atlanta.
6 contour to allow the drainage to accommodate the
7 Q. Russ McLain?
7 cap.
8 A. That name is familiar, but I don't know
8 Q. Allow the drainage to accommodate the
9 that he was the one that was there.
9 cap?
10 Q. Could it have been someone out of the RCRA
10 A. The water comes off the south side of the
11 outfit?
11 highway and down around the west-end landfill.
12 A I don't know.
12 That drainage path had to be maintained. There was
13 . Q. RCRA division of - do you know what
13 a ditch there. We had to move it to accommodate
14 division Mr. McLain is out of?
14 space for the landfill for the cap.
15 A No.
15 Q. Tell me, if you would, if that is actually
16 Q. Now, how was this particular west-end
16 what was said to those people? I want to be sure
17 landfill or this particular plant site permitted at
17 about that, Mrs. Hanson. I'm trying to be as
18 the time?
18 careful as I can in asking these questions so that
19 MR. COX: object to the form.
19 we get the facts as they were related to ADEM. So
20 A. 1 don't know what their permit status was.
20 that's what you all told them at the time?
21 Q. Well, who took the lead in the meeting?
21 A. I don't know the specific words.
22 By the way, was Mr. Mayausky there?
22 Q. But that's the reason you told them you
23 A. I don't remember. There is no reason he
23 had to excavate?
24 would have been at that meeting.
24 A. That was part of the design. The ditch
25 Q. Who took the lead in the meeting?
25 had to move because if you put four feet of stuff
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1 on top of a slope you're going to move that ditch
1 the toe of that landfill when you all got that
2 out further.
2 modification, did you all make some kind of
3 Q. And there was no other statement that was
3 estimate?
4 made in your presence by either the engineers or by
4 A. I don't remember specifically.
5 anyone from Monsanto to ADEM about why you all had 5 Q. You did, didn't you, Mrs. Hanson?
6 to do that? That's your best recollection and
6 A. I don't remember that we specifically made
7 judgment, is that correct?
7 an estimate. We knew there was more. I don't
8 A. I don't think so.
8 remember that we estimated how much more.
9 Q. Ma'am, I'm asking you if, in fact, that's
9 Q. Well, how did you know there was more if
10 exactly what was said to ADEM?
10 you didn't make some kind of estimate of it,
11 A. I can't tell you exactly what was said to
11 Mrs. Hanson? I mean, come on now. You're an
12 ADEM. We presented the design. The design
12 engineer or you're a project manager of a project
13 included moving that ditch.
13 of this type. You're telling me that you didn't
14 Q. What I'm saying is, that's the only reason
14 make any effort to make some kind of estimation
15 you recall being given by Monsanto employees and
15 when you talked to Mr. Foresman about how much more
16 the engineers that you had hired, Golder And
16 stuff you all got to take off?
17 Associates, for excavating on that particular
17 A I don't remember that Logic would say we
18 site?
18 probably did. I, specifically, don't remember
19 A. I'm not sure I understand where you're
19 sitting down and estimating an amount to give to
20 going.
20 Foresman.
21 MR. COX; Don't worry about where he is
21 Q. Who, Mrs. Hanson, would have been involved
22 going. Just answer his questions.
22 in that other than yourself?
23 Q. I'm not trying to trick you. I'm just
23 A. Well, at that time, my boss and --
24 trying to find out if that is all that was said,
24 Q. Bruce Yare?
25 Mrs. Hanson.
25 A, Yes. And the Golder people. And I think
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I A. We presented the design. That was the
l Mr. Faust was involved early at that stage.
2 point of the meeting.
2 Q. Alan Faust?
3 Q. Was that the only reason that was
3 A. I don't remember if he was involved in
4 contained in the design for the excavation on the
4 that or not.
5 toe of the landfill?
5 Q. Well, he was a part of your team that
6 A. As far as I remember, yes.
6 handled that project down there, wasn't he?
7 Q. It was later that you all went back and
7 A At that time, Alan was in a different
8 got this modification. You've indicated that
8 job. He was one of the hydrogeologists in our
9 Robert Jones handled that. But was there any
9 group. He worked for Mr. Yare. Anniston was one
10 meeting in which he handled that similar to the one
10 of the plants he was assigned to.
11 that you all went through when Golder presented the 11 Q. Did Golder give you a report estimating
12 plan?
12 how much that would be, did you all ask him to give
13 A. I don't remember if Robert went to
13 them some kind of estimation?
14 Montgomery or if he talked to them on the phone.
14 A. There were a couple meetings with Golder.
15 Q. You mean he just called them on the phone?
15 Q, Where did those take place?
16 A. I don't remember how Robert communicated
16 A. I think there was one in Saint Louis.
17 with the agency.
17 Q. With Mr, Foresman?
18 Q. Would you consider that to be a
18 A, I don't think Mr. Foresman was in that
19 significant or an insignificant modification in
19 meeting.
20 this plan, Mrs, Hanson?
20 Q. Who was there, Mr. Yare?
21 A. I don't think it was significant.
21 A. Mr. Yare.
22 Q. You do not think it was significant?
22 Q. Who else?
23 A. No.
23 A. Some of the Golder people.
24 Q. Do you have any estimation as to how much
24 Q. Who else? You, of course?
25 more soil you all were going to have to remove from 25 A. I'm not even sure I was in that one.
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1 Q. Who else was there? Was there anybody
1 Q. So it's you and Golder, and who else was
2 else there?
2 involved in -- Mr. Adams?
3 A. I don't remember.
3 A. Yes.
4 Q. And the purpose of that meeting is to make
4 Q. Do you know if Mr. Adams was let go about
5 some kind of determination as to what to do about
5 the same time that you were?
6 this excavating and taking to Emelle, is that
6 A. 1 don't know if Mr. Adams is still alive.
7 correct?
7 He was not a healthy person. I don't know if he
8 A. Actually, I think it was more of a witch
8 was let go. He may still be working for Solutia.
9 hunt to find out who had screwed up when they
9 Q. Who at Golder was involved in making the
10 didn't estimate it the first time.
10 estimates as to much how needed to be taken off
11 Q. But, in any event, that was the purpose of
11 that toe to begin with?
12 the meeting in Saint Louis, is that correct?
12 A The design engineers that I worked with, I
13 A. What was the purpose?
13 guess. I was not involved when they did the early
14 Q. To discuss what to do about the excavation
14 stages of the detailed design.
15 of that property out there on the toe of the
15 Q. What were their names?
16 landfill, that soil on the toe of the landfill?
16 A. Wilston -- I don't remember Wilston's last
17 A. I'm not sure that that was in the sequence
17 name.
18 of timing. I think that meeting may have been
18 Q. Who else? Was anybody else?
19 after we already decided it was going up on the
19 A. There was a woman named Claudia. They
20 top.
20 were the two primary engineers that I dealt with.
21 Q. And who had called that meeting.
21 Q. You don't remember her last name?
22 Mr. Foresman?
22 A. No.
23 A. I believe Mr. Yare.
23 Q. Both of them engineers with Golder?
24 Q. And who was it, who's tail did they pin
24 A. (Witness nodding head.)
25 die old donkey's tail on, Mrs. Hanson, who did they 25 Q. Are they the ones that made the estimates
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i blame for doing that?
1 as to what additional soil you might have to remove
2 A. I think somewhere between mine and
2 and came up with sort of the reasons why you all
3 Mr. Adams and Golder.
3 might have to get this modification?
4 Q. So they got you tagged a little bit with
4 A. If there was an estimate made, they would
5 that, Mrs. Hanson?
5 have been the ones to do it.
6 a. Oh, yes.
6 Q. You mentioned a second meeting and that
7 Q. And were there any repercussions for that.
7 took place elsewhere other than Saint Louis. Where
8 Mrs. Hanson?
8 did that meeting take place?
9 A. Not directly that I'm aware of.
9 A. I don't know. I know there was one
10 Q. Did that have anything to do with your not
10 meeting in Saint Louis. There may --
11 being picked, Mrs. Hanson, later on for, in that
11 Q. You mentioned there were two.
12 group?
12 A. There may have been another meeting. 1
13 A. I have no idea why I wasn't picked.
13 was not involved.
14 Q. Do you think it might have?
14 Q. Did one take place perhaps at the plant
15 A. I would not hazard to guess as to how
15 site?
16 Mr. Foresman thinks.
16 A. 1 don't know.
17 Q. But was he the one who made the decision?
17 Q. The reason I ask about a second meeting.
18 A. On my not being selected?
18 you said there were two. And sometimes I look like
19 Q, Yes, ma'am.
19 I don't remember things and sometimes I don't, but
20 A. I don't know who made that decision. I'm
20 I sort of remember that and maybe I misunderstood
21 sure Mr, Foresman was part of that.
21 you.
22 Q. Was Mr. Foresman the one who was asking
22 A. I specifically remember the meeting in
23 Mr. Yare to give him an answer as to who made the 23 Saint Louis. I don't specifically remember any
24 mistake on the estimate, Mrs. Hanson?
24 other meeting. There were meetings going on all
25 a. Yes, sir.
25 the time. So I don't know what --
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1 Q. Now, you indicated that you all met with
1 Mrs. Hanson? You have seen those, have you not?
2 ADEM and you presented this plan. And back to what 2 A. I don't specifically -- I know there was
3 I was asking you about that plan, what was the
3 some kind of a document. I don't remember, if I
4 basic substance of that plan or the reason why you
4 read it, what's in it
5 all chose that plan? Let me ask that. For the
5 Q, Indicates, I would state for the record.
6 west-end landfill I'm talking about.
6 that this is an interim measure or an emergency
7 A. I don't know the history behind the
7 measure, and that's what the testimony has been of
8 decision to do that.
8 Mr. Poole and Mr. Cobb, who are ADEM employees. Is
9 Q, That had been done before you got there?
9 it your understanding that that is, in fact not
10 A. Yes, sir.
10 true, that this is a permanent measure, that's the
11 Q. Do you know what interim measures mean in
11 way the company views it?
12 a remediation of a site, is that a term of art to
12 A. I can't speak for --
13 you or a term that is used from time to time by
13 MR. COX: object to the form.
14 regulators?
14 THE WITNESS: - the company, whoever
15 A. I've heard,of the term.
15 that is.
16 Q. Is it your understanding that what was
16 Q. What if Mr. Foresman said that the capping
17 done on the west-end landfill was an interim
17 was an interim measure?
18 measure?
18 A. Then, apparently, Mr. Foresman believed it
19 A. No.
19 was an interim measure.
20 Q. Tell me what your understanding of that
20 Q. He would have a better understanding of
21 was.
21 it? You would defer to his characterization of it?
22 A. As far as I know, it was there
22 A. Yes.
23 permanently.
23 Q. What part did you play in the eastern
24 Q. How did you acquire that understanding?
24 remediation?
25 Did you talk to people at adem, did you all have
25 A, I was over site for the consultant that
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1 that understanding with the people at ADEM?
1 was doing the sampling for what we call area A and
2 A. I didn't meet with the people at adem to
2 then there was an expanded area A.
3 discuss that.
3 Q. Okay. And who was the consultant?
4 Q. With whom did you discuss that particular
4 A. Initially, it was Garety and Miller.
5 matter that I just raised?
5 Q. Who did it after that?
6 A. I don't remember that I discussed it with
6 A. Well, it was the same two guys, but Garety
7 anybody specifically.
7 and Miller closed their Atlanta office so these two
8 Q. How did you arrive at the understanding
8 guys opened their own business, but they are the
9 that what you all did to the west-end landfill was
9 same two that continued to do the sampling.
10 a permanent type remedy for that situation?
10 Q. Is that Genesis -- is that Mike Price and
11 A. Based on my experience in remediation
11 his partner?
12 projects, generally, when you spend that much money 12 A. Yes.
13 and put on a cap like that that meets RCRA's, that
13 Q. So they continued to do the sampling in
14 meets standards, that's a permanent solution.
14 that area?
15 Q. Ma'am?
15 A. Yes.
16 A. That's generally a permanent solution.
16 MR. STEWART: Mark this Exhibit One.
17 Q. Did Mr. Faust have that same
17 (Plaintiffs' Exhibit No. One was marked
18 understanding, Alan Faust?
18 for identification.)
19 A. I don't know.
19 Q. Let me show you Plaintiffs' Exhibit One
20 Q. To your knowledge, did Mr. Adams or
20 and ask you to take a look at it. This is one of
21 Mr. Yare have that same understanding, that this
21 the maps that you all had provided to us in other
22 was a permanent solution?
22 depositions. And can you locate for me the -- it
23 A. I don't know.
23 shows a portion of the southern landfill at the top
24 Q. Why is the language in the consent order
24 of the map or the bottom, whichever you have it.
25 or decree that this is an interim measure then,
25 work done by Golder and Associates. It's something
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1 we put in in Alan Faust's deposition.
1 down through there.
2 Can you sort of draw for me what you
2 Q. Was that not the first thing that was done
3 consider to be the eastern area that you all looked
3 on the eastern side to make a determination as to
4 at for remediation.
4 what you all needed to do?
5 MR. COX; The area A in expanded area A
5 A. Apparently, something had been done before
6 that she just talked about?
6 I got there or they wouldn't have known there was
7 MR. STEWART: Yeah.
7 anything up there.
8 MR. COX: Can you do that from that map?
8 Q. Some sampling perhaps?
9 THE WITNESS: Roughly, I guess. Came in
9 A. (Witness nods head.)
10 that comer of the plant
10 Q. Had there been any remediation work though
11 MR. COX: Just draw it and then you can
11 done on that eastern side before you got there?
12 explain what it is.
12 A Not that I know of.
13 BY MR. STEWART:
13 Q. So I would, in fact, be correct that you
14 Q. Do you want to take a red pen and mark it
14 were involved in the planning of and then the
15 off, because that is black and that might be easier
15 implementation of a part of that remediation?
16 to see.
16 A. I was there, did the sampling and the
17 A. I'm not sure exactly where -- Montrose is
17 report I was --
18 up on the hill. And that -
18 Q. When you say sampling and report. Report
19 MR. COX: This is Montrose.
19 of the sampling results?
20 A That was about A and then expanded came up
20 A. Of the sampling results.
21 to there.
21 Q. And what about the planning of what to do
22 MR. COX: why don't you write in this
22 on that site, you were involved in that, were you
23 area, area A, and then that area expanded
23 not?
24 area A.
24 A. I was generally in the meetings, yes.
25 Q. All right. You have marked for us on
25 Q. Well, you were involved in putting the
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1 Plaintiffs' Exhibit One area A and then an expanded
1 plan together, weren't you, Mrs. Hanson?
2 area A. And is it my understanding that that's
2 A. I didn't make any decisions.
3 what you worked on the east, the property east of
3 Q. Well, you were aware of what was going on.
4 the plant as far as a remediation or a sampling
4 were you not?
5 plant?
5 A. Uh-hum.
6 A Yes, roughly. I don't remember exactly.
6 MR. COX: You need to answer out loud.
7 Q. I understand that it's a rough. Who
7 THE WITNESS: Yes.
8 picked out area A? One would think that that was
8 Q. So you would know or have some knowledge
9 the first site you all looked at Who picked that
9 of who picked area A and why?
10 out?
10 A. It came out at some of the meetings. 1
11 A. I don't know.
11 believe ADEM was involved in die area we looked
12 Q. Did Monsanto?
12 at. I think why is because everything else was up
13 A. I don't remember who selected it.
13 hill and nobody expected there to be anything up
14 Q. Well, you don't know -- it's my
14 hill. That was kind of the drainage basin.
15 understanding, and maybe I'm wrong -- and let me
15 Q. So nobody expected some PCBs contamination
16 just ask you a few predicate questions. It's my
16 to be up hill, you all just went down hill from
17 understanding that you were involved in the east
17 there. And, I assume, the source of what you all
18 remediation situation from the beginning, is that
18 expected to find and what you did find came from
19 correct or incorrect?
19 the south landfill, did it not?
20 A. From the beginning of what?
20 A. Not necessarily.
21 Q. From the beginning of the time that the
2! Q. Where did it come from?
22 plan was put together to remediate it. And if I
22 A. I have no idea.
23 misunderstood you, I'm sorry.
23 Q. What plant or facility other than Monsanto
24 A. The first thing I did was the
24 is located contiguous to or near area A? Is there
25 characterization of the ditch, the drainage ditch
25 another plant or facility? I don't see one marked
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1 on the map and certainly that, doesn't mean there is
l contamination you found in there?
2 not one present Do you know of a manufacturing
2 A. I think there was were some in the
3 facility that is located in area A or expanded area
3 thousands parts per million.
4 A?
4 Q. Well, what happened to that? I mean, you
5 A. Not today, or not in 1997 when I left.
5 have indicated earlier that you all took that other
6 Q. Do you know of one that historically
6 stuff that was above fifty parts per million which
7 existed in that area?
7 you found outside one of these landfills to
8 A. I believe at one point there was a foundry
8 Emelle. I assume you all took all that to Emelle?
9 out there somewhere, but I don't know where it was.
9 A. No.
10 Q. On expanded area A or area A, is that your
10 Q. Well, what did you do with that?
11 testimony here today, Mrs. Hanson?
11 A. As far as I know, it's still right where
12 A. I don't know where it was.
12 it was.
13 Q. And tell me, if you would, who owned the
13 Q. Well, what happened to it?
14 landfill that was south of 202?
14 a. We covered it.
15 A. Monsanto.
15 Q. You covered it What with?
16 Q. And tell me if it was a natural drainage
16 A. Temporarily, it was covered with an HDPE
17 off of that landfill into area A and expanded area
17 liner in the ditch.
18 A?
18 Q. What is HDPE?
19 MR. COX Object to the form.
19 A. High density polyethylene. A thick
20 A. I don't know what the natural drainage was
20 plastic.
21 from that area.
21 Q. And then what happened to it after that?
22 Q. So you had to engineer this thing, but you
22 a. When I left, it was still there.
23 don't have any idea as to whether or not there was
23 Q. The liner was still there?
24 any drainage off the south landfill into those
24 A. Yes.
25 areas?
25 Q. But that, I assume from the way you
Page 158
Page 160
1 A. 1 don't know what the natural drainage was
1 answered that was a temporary measure, is that
2 before the highway went in. I mean, obviously, it
2 correct?
3 goes down hill.
3 A. Until further remediation was done in that
4 Q. The highway diverted it some, is that
4 area.
5 correct?
5 Q. What did you all find in your sampling out
6 A. I don't know.
6 there? Was there PCBs just all over the place out
7 Q, You just don't know?
7 there?
8 A. It's all before my time.
8 A. No.
9 Q. Tell me, if you would, if Monsanto did
9 Q. Where were the hot spots, can you mark
10 not, in fact, own some land in area A and expanded
10 those for us with this red pen?
11 area A?
11 A. I don't --
12 A. Yes.
12 Q. And by the way, before you do that it was
13 Q. Did you all find any high levels of PCBs
13 an expanded area a. Who decided to expand it, you
14 near the Morris Hill Church, behind the Morris Hill
14 all, Monsanto?
15 Church on your own property or in a ditch adjacent
15 A. I guess.
16 to?
16 Q, Why is it that you all decided to expand
17 A. There was one area in the ditch behind
17 it?
18 Morris Hill Church on Monsanto property that had
18 A. Because there were still low levels when
19 some fairly high concentrations.
19 we got to the end of area A.
20 Q. Now, tell me, and I don't know this so you
20 Q. Low levels. Tell me what those low levels
21 perhaps know it from being out there and working
21 were?
22 with Monsanto on it, is that a landfill, was that a
22 A. Most of them were less than one part per
23 landfill at the time you walked on it?
23 million.
24 A. I don't think so.
24 Q. So you all wanted that area to remediate
25 Q. Do you remember the levels of PCB
25 it is that conect?
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1 MR. COX: Object.
1 hundred dollars, Donald.
2 A. Basically.
2 Q. Was it in excess of half a million
3 Q. And that's what drove that decision, is
3 dollars?
4 that correct?
4 A. I think so. I think it was six or seven.
5 A. Which decision?
5 Q. Six or $700,000?
6 Q. To expand area A to expanded area A for
6 A. (Witness nodding head.)
7 remediation?
7 Q. Are you all in the habit of spending that
8 A. To continue the sampling until we defined
8 kind of money, Mrs. Hanson, as a company when you
9 the extent.
9 do not feel like you're the source of the
10 Q. Of the contamination?
10 contamination on the property in question?
11 A. Yes.
11 MR. COX; Object to the form.
12 Q. Now, before we get to your drawing where
12 Q. Do you all generally go out and make an
13 you all found those levels of PCBs and giving me
13 expenditure of $700,000 when you don't think it's
14 some idea of where they were, you indicated earlier
14 your stuff?
15 that you all, you didn't know what the source of
15 MR. COX: Same objection.
16 the PCBs were. Are you saying you all don't know
16 A. If we owned the property and there is a
17 what the source is of the PCBs that all you found
17 problem, we generally did what was right to fix
18 on the eastern area, where they came from?
18 it--
19 A. Not specifically.
19 Q. Mrs. Hanson -
20 Q. Are you all in the habit -- what did you
20 A. -- wherever it came from.
21 all spend over there?
21 Q. -- you all did not own all the property in
22 A. When?
22 area A, did you?
23 Q. On the remediation of the eastern area.
23 A. No, not originally.
24 A. I don't know.
24 Q. Didn't you actually participate in
25 Q. Didn't they have a proposal before you
25 negotiating the deal with the Bethel Baptist
Page 162
Page 164
1 left?
1 Church, which was located in that area?
2 A. I was not involved in any of the east side
2 A. I had oik or two meetings with Bethel
3 remediation.
3 Baptist Church before there was litigation and I
4 Q. Didn't you hear a proposal or a figure
4 never talked to them again.
5 before you left?
5 Q. But you did discuss with them and you know
6 A. No.
6 for a fact that a deal was made with them, do you
7 Q. Would it be in excess of what you spent of
7 not?
8 the other way? You mentioned earlier and of
8 MR. COX: Bethel. You're thinking of
9 course, again, pardon me if I remember something
9 Morris Hill.
10 that you didn't say because I tax my memory every
10 A. Bethel. Oh, yeah.
11 once in a while just to make sure that I can still
11 Q. Bethel Missionary Baptist Church?
12 work and operate, but it's my understanding that it
12 A. Yeah.
13 was a little less than the western landfill.
13 Q. You negotiated that deal with them, didn't
14 Mrs. Hanson, the cost of capping the west-end
14 you?
15 landfill because you built a retention pond over
15 A, I was involved in some of the early
16 there, didn't you?
16 meetings before Mr. Faust came to Anniston.
17 A. The retention pond was less.
17 Q. And you all built a church for them, did
18 Q. Rut the remediation may have been more?
18 you not?
19 A. Yes.
19 A. Yes.
20 Q. What did the retention pond cost?
20 Q. And that's because their property was
21 A. Something less than a million dollars. I
21 contaminated with PCBs, is that not correct,
22 don't remember the exact number.
22 Mrs. Hanson?
23 Q. Something less than a million dollars
23 A. There were PCBs on their property.
24 could be a hundred bucks, but --
24 Q. Now, you were going to tell me about the
25 A. I think it was a little more than a
25 levels you all found over there. Tell me about
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1 that.
1 remediation of the eastern site?
2 A. I don't remember exact levels. Most
2 A. That was after -- no, I don't think it was
3 places were nondetect or less than ten parts per
3 Golder.
4 million.
4 Q. Who was it?
5 Q. Can you show me the hot spots?
5 A, I believe it was O'Brien and Gere.
6 A. The only hot spot, as you call it, that I
6 Q. Brian?
7 remember was in the ditch up here behind Bethel
7 MR. COX: O'Brien.
8 somewhere.
8 Q. And?
9 MR. COX: That's Morris Hill.
9 A. Gere, G-E-R-E.
10 A. Behind Morris Hill. I'm sorry.
10 Q. And they're the ones that put the plan
11 MR. COX: She was pointing to it and
11 together for the remediation of the eastern side?
12 saying Bethel. I just wanted to clarify the
12 A. When I left in '97 they had started some
13 record. I'm not trying to testify, but she
13 of the early design work.
14 was pointing to the church and calling it
14 Q. What was the purpose or what was the aim.
15 Bethel and Ijust wanted to make sure the
15 what were you all aiming to do with that
16 record was clear.
16 remediation on the eastern side, Mrs. Hanson?
17 THE WITNESS: I got them backwards.
17 A, Since I wasn't involved in any of that
18 MR. STEWART: if you want to consult with
18 discussion -
19 your client, you may go right ahead.
19 Q. Let me ask you this. Was there any effort
20 BY MR. STEWART:
20 made, if you know, Mrs. Hanson, to control surface
21 Q. Now, was there anything found around
21 runoff from the south-end landfill?
22 Bethel, Mrs. Hanson?
22 A. Yeah.
23 A. Bethel is this one. There was some.
23 Q. You believe that's what they were trying
24 Q. Some pretty high levels found around
24 to do?
25 there, wasn't it, Mrs. Hanson?
25 A. That's what the pond was for.
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1 A. I don't recall they were that high.
I Q. When did you decide to put the pond in?
2 Q. Well, do you recall if there was anything
2 Was that a part of that remediation effort?
3 other than some contamination of the soil with
3 A, I didn't decide to put the pond in.
4 PCBs? Do you recall finding anything else there?
4 Q. When was the decision made to put the pond
5 A. I don't remember that we looked for
5 in?
6 anything.
6 A. The decision was made sometime in '96,1
7 Q. What happened to the soil that you all
7 believe.
8 excavated from the Bethel site, what did you all do
8 Q. And who was involved in that decision.
9 with that?
9 Mr. Foresman?
10 A. I'm not aware that we excavated any soil
10 A. Mr. Foresman, Mr. Faust, Mr. Yare.
11 from the Bethel.
11 Q. And the engineers?
12 Q. Oh, you're not? You don't know of
12 A. Golder, yeah.
13 anything that happened to any of that soil - is it
13 Q. You indicated it was O'Brien and Gere, but
14 your testimony here today that all you all did was
14 was it Golder that actually --
15 just cover that property?
15 A. Golder did the pond.
16 A. When I left in 1997 the Bethel Baptist
16 Q. Golder did the pond. What did you
17 Church was still standing.
17 understand the purpose of that pond was?
18 Q. No soil had been excavated down there?
18 A. Storm water retention.
19 A. None.
19 Q. Storm water retention. Why?
20 Q. Do you know if the plan called for the
20 A. To control anything that was leaving that
21 excavation of any soil on that site?
21 area.
22 A. I was not involved in any of the
22 Q. Leaving?
23 discussions on the east side remediation.
23 A. The area that drained into the pond.
24 Q. Was a report sent by and did Golder And
24 Q. And how exactly was that going to work?
25 Associates also put together the plan for the
25 How did you understand that was going to work?
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1 A. When it rained, water ran into the pond.
1 the particulate? Are you saying there is a
2 It settled and then it ran out the top.
2 distinction or a difference in that?
3 Q. What was the purpose of the settling?
3 A. In whether or not you're sampling gas or a
4 A. To take out any sediment, dust, dirt that
4 particulate, yes, there is a distinction.
5 came down.
5 Q. So there was no discussion, to your
6 Q. Because of what, it might have PCB
6 knowledge, during the time that you were there, and
7 contamination in it?
7 when exactly did you leave, about that, doing that
8 A. Possibly.
8 air sampling?
9 Q. What testing, to your knowledge, was set
9 A. I left Monsanto at the end of May '97. I
10 up to be done in the retention pond?
10 don't think I made any trips to Anniston after
ll A. In the pond itself, I'm not sure. The
11 February or March. Maybe one in April.
12 storm water effluent from the pond was tested.
12 Q. Mrs. -
13 Q. Well, you tested the storm water effluent
13 A. Hanson.
14 to make sure that it did not contain PCBs?
14 Q, - Hanson, tell me, if you would, what the
15 A. Right.
15 property purchase program had to do with
16 Q. I'm stuck by something earlier and it's on
16 remediation on the eastern area remediation site?
17 a little bit different subject, but you indicated
17 You were involved in the property purchase program.
18 that PCBs were not a volatile or a semivolatile
18 weren't you?
19 substance. Why were you all taking air samples?
19 A. I was around when it was there. I was
20 A. We took sediment or dust particulate
20 involved in the accounting.
21 samples.
21 Q. Ma'am?
22 Q. Oh, particulate samples. You all were
22 A. I was involved in the accounting and
23 just trying to see if it was in the dust and not in
23 reporting side of it I wasn't involved in talking
24 the air?
24 to the people.
25 A. Right.
25 Q. Talking to people about it?
Page 170
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1 Q. When did that idea change that it perhaps
1 A. I was not involved in talking to people.
2 might have been in the air, was that before or
2 Q. That was Mr. Mayausky that went and talked
3 after you all got the plans put together to put
3 to those people, didn't he, Mrs. Hanson?
4 this eastern remediation in?
4 A. Early on, and then the Prudential people.
5 A. I'm not aware that -- I mean. I'm not sure
5 Q. What did that property purchase program
6 what change you're talking about.
6 have to do with the remediation site on the
7 Q. Were there ever any conversations between
7 eastern --
8 you and Mr. Faust and Mr. Foresman about, hey, we 8 A. My understanding was it was because we
9 better start checking that air around there? When
9 needed the property to do the remediation.
10 did you all have those conversations, if you did?
10 Q. And it had nothing whatsoever to do with
11 A. I'm not aware of those conversations.
11 any other purpose, as far as you understood?
12 Q. So it's your testimony here today that
12 A. (Witness nodding head.)
13 nobody, at any point in time from the time you
13 MR. COX: DO you want to take five?
14 started working on that project in March of 1995,
14 THE WITNESS: Please.
15 ever suggested you all ought to do air sampling to
15 MR. COX: Can we take a short break?
16 find out if there were PCB contamination in the
16 MR. STEWART: Sure.
17 air?
17 (Recess.)
18 A. I can't say that nobody ever talked about
18
19 that. I don't remember that I was ever a party to
19
20 a discussion to sample anything other than
20 (End of Volume I. The deposition continues in
21 particulates.
21 Volume n, page 173.)
22 Q. So you understand there's a difference in
22
23 the air sampling device that would make a
23
24 determination as to where the facility there was
24
25 off-gassing and whether or not you would find it in
25
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HARTOLDMON0044492
JUNE 15, 1999CondenseltTM$700,000 - authority
$700,000 pi 163:5 163:13
$800,000 [I] 108:3
'70s [2] 26:24 48:3
'76 pi 70:7 71:3 77:11 90:7 91:21
91:23 99:22
'77 pi 90:8 91:24
111:1
'78 p] 77:11 90:8 111:2
'80sp] 26:25 47:25 56:9
'81(1] 70:25
'84 p] 25:23 26:2 73:17 73:17 73:21 74:9 74:21 76:22
'85 C7] 25:23 26:2
73:17 73:21 74:9 75:19 76:22
'861] 12:14 47:20
75:19 76:3 76:11 77:11
'87 pi 12:14 47:21
'89 [111 21:18
21:24 22:9 25:1 25:5 25:17 47:18
21:21
24:17 25:12 47:20
'90[iJ 43:20
*91 pi 14:4 15:18 16:4 56:6
'92[i] 42:10
'93(10] 21:18 24:14 24:18 26:18 27:10 32:9 32:14
21:25
26:8 30:2
'94(4] 18:13 32:15 110:14 110:20
'95(17] 18:13 39:8 39:23 40:12 40:19
83:7 86:8 96:18 97-JO 111:2 111:6 132:7 132:9 132:15 132:21 132:22 133:3
'96 pi] 39:9 39:9 40:21 41:3 41:5
41:13 100:20 103:1 103:3 132:20 168:6
'97 pi 31:6 33:20
33:24 77:12 77:18 86:13 167:12 171:9
1131 (1] 2:5
1400[i] 2:16
15 pi 1:25 4:24
152[i] 3:14
1700(1] 23:2
173p] 172:21
1800(1] 4:23
1902[i] 30:5
1976 pi 87.22 88:3
1989 PI 22:12 23:20
24:21 43:19 47:18
1995 pi 40:4 93:6
93:7 96:19 98:2 99:23 110:11 131:2 170:14
1997 rs] 33:22 118:2 125:7 157:5 166:16
1999 p] 1:25 4:24
202p] 157:14
20th [i] 2:13
2200[i]2:9
27401 [i]
2:17
300 [l] 2:16
32 p] 60:17 61:6
68:3
35203 pi
2:14
36201 p]
2:5
400pj 2:13
400,000 [i] 105:9
401K[i]
78:21
5 p] 3:6
56 [1] 4:24
583(1] 117:17
646(1] 117:16
700(1] 2:8
77002p]
2:9
9p] 4:24
900,000(1] 105:15
9000 [i] 72:2
&jnp] 4:24
Abernathy pj 5:13
ablep] 78:24 91:10
aboard [i]
136:14
above P] 60:15 60:20
61:3 61:10 135:24 159:6
60:14 60:22
103:23
above-styled p] 4:15
accepted p] 31:12 31:14 69:5 113:2
accommodate [4] 103:13 140:6 140:8 140:13
accounting pj 171:20 171:22
acquainted [i] 64:22
acquire pi 38:10 99:1 149:24
acquired pi 109:23
acres p] 43:4
actp] 137:2 137:3
ACTION p] 1:6
4:6
activities p] 49:4 79:14
activity pi 47:8 47:11 74:16
actual pi 62:22
15:2
Adams [14] 97:11 97:12
135:13 136:2 136:7 138:4
147:2 147:4
150:20
97:9 135:12
136:3 146:3
147:6
addition pi 5:8 10:12
additional pj 148:1
ADEM[47] 39:18
39:19 41:15 104:5 104:7 104:8 105:25
106:2 106:5 106:13 106:20 107:3 107:15 108:14 108:18 127:11 127:14 128:16 128:24 131:15 131:23 131:25 132:1 132:4 133:3 133:6 133:14 134:2 134:7 134:10 134:21 134:24 135:4 138:5 139:12 139:13 139:22
140:19 141:5 141:10 141:12 149:2 149:25
150:1 150:2 151:8 156:11
adjacent pi 158:15
administration pi 70:21
ADPHpj 41:18
aeration pi 91:12
afraid [5]
123:24
124:20 125:17 125:22
126:2
afternoon [i] 100:13
agp] 75:21
again pq
21:18 21:25 60:4 67:18 73:9 77:11 113:20 121:9 164:4
18:23
38:12 73:7 109:5 162:9
against pi 5:15 6:4 83:18 125:9
agencies p] 24:8 34:8 49:1 88:14 137:21
agency p<] 15:12 15:16 24:25 25:3 32:20 33:4 50:11 50:11 88:17 137:8
15:5 24:22 27:17 47:1 50:13 142:17
agop] 12:1 80:22 91:8
agree PI 68:6 118:21 118:22
agreeable pi 102:6
agreedpi
121:17
124:7 125:7
agreement pi] 79:6 79:9 79:12 79:16 79:18 79:20 79:21 81:5 81:8 124:25
125:5
agreements (i) 92:3
ahead p]
16:1
21:1 25:13 78:16
106:24 112:4 165:19
aimpj 167:14
aiming pi 167:15
airp3] 38:20 39:4 40:13 41:7
38:4 38:24 39:10 40:15 41:14
38:18 39:3 40:8 41:1 70:17
135:7 169:19 169:24 170:2 170:9 170:15
170:17 170:23 171:8
alp] 1:8 4:7
Alabama po] 2:5 2:14 4:18 41:20 89:11 90:3
1:1 4:1 89:7 117:14
Alanp] 131:19 144:2 144:7 150:18 153:1
aleck pi 130:13
alive p] 147:6
all's p] 5:11
allow [4]
128:24
129:24 140:6 140:8
allowed p] 105:25
102:9
alone pi
121:8
along p] 43:24
37:10
Alvin [2] 11:6
ll:5
always [i]
121:25
among pj
123:17
amount p] 43:7 . 49:5 50:1 51:15 51:24 53:2 53:6
64:13 143:19
amounts p] 53:4
53:11
analyzing [i] 70:10
and-a-halfpj 71:19 79:1
Anderson p] 10:18 11:19
anhydride p] 72:3
Ann p] 1:24 4:19
Anniston (49] 2:5
6:4 20:1 20:9
20:11 21:12 23:16 38:20 39:3 62:10
62:19 64:3 64:14 64:15 65:21 66:10 66:14 68:5 83:9 87:20 87:21 88:3 90:10 92:6 92:11 92:15 93:4 93:14 93:16 94:12 94:18 97:21 101:16 107:22 108:9 109:11 111:1 111:3 111:4 123:14
125:20 126:4 126:8
136:9 136:10 137:16 144:9 164:16 171:10
answer p]
21:1 85:5 126:6 129:2 146:23 156:6
20:5
112:8 141:22
answered [S] 114:6
114:20 117:8 117:9 160:1
apart p] 73:23
APPEARANCES pj
2:1
applicablepi 116:10
applies [i] 85:25
apply [i]
116:9
appropriate pj 119:25
approval pi 60:13
approved pi 63:2 .
April p]
171:11
archives pi 51:25 52:5
area [4i] 7:25 8:12 30:22 30:24 31:4
99:6 123:7 123:11 152:1 152:2 152:14 153:3 153:5 153:5 153:23 153:23 153:23 153:24 154:1 154:2
154:8 156:9 156:11 156:24 157:3 157:3
157:7 157:10 157:10 157:17 157:17 157:21 158:10 158:11 158:17 160:4 160:13 160:19 160:24 161:6 161:6 161:18 161:23 163:22 164:1 168:21 168:23
171:16
areas [4] 27:22 36:10 119:24 157:25
argue pi
32:23
arrangement pi 87:1
arranging p] 117:1
arrive pi
150:8
arrived pi
107:16
artp] 149:12
aside pi 80:8
asks PI 50:11 50:11
assert pi
113:5
assertedpi 115:15
assessment pi 64:12
assigned pi 89:19 144:10
assist p]
22:11
112:19 117:3
assisted p] 9:23 22:13 67:16
Associates p] 141:17 152:25 166:25
assume pi 46:21 49:21 71:15 93:17 93:20 120:23 156:17 159:8 159:25
Atlanta pi 152:7
138:6
Attached pi 3:12
attended pi 132:1
attorney pj] 6:5
35:1 35:2 84:12
86:21 113:5 113:9
114:25 115:16 115:22
117:17 118:15 119:18
120:1 122:24
`
attorneys pj 2:4 2:8 2:12 6:3 120:23 120:24 122:3
122:11 125:2
auditorium [l] 109:12
author pi
28:4
authority pi 51:17
SCLAFANI WILLIAMS COURT REPO]RTERS, INC.
Index Page 1
HARTOLDMON0044493
automated - company
automated p] 73:18
available pi 84:4 134:2
Avenue [i] 2:5
avoid [i]
111:13
avoided pi 114:2
aware po] 20:10 57:21 113:24 146:9
166:10 170:5
20:8 59:10 156:3
170:11
away [i] 82:5
Bp] 2:6
B-O-L-A-N-D [i]
22:19
B-R-I-0 pi 69:1
bachelor's pi 69:25 70:12
background p] 29:5 69:24
backwards [i] 165:17
Bank [i] 4:23
Baptist [4]
163:25
164:3 164:11 166:16
barp] 11:12
BARBARA PI 1:4 4:4
bare-bone p] 80:12
based p]
20:2
25:4 53:13 62:9
63:25 64:13 75:8
111:14 150:11
basic p] 139:3 149:4
basin [i]
156:14
basis [S] 9:5 63:20 76:20 113:6 115:16
bat[i] 71:12
Bayou [4]
11:1
11:4 11:9 11:21
became p] 16:20 45:9 57:20 87:21 136:10
become pi 87:19 93:3 93:5
beforehand [i] 105:6
began pi
49:21
76:11 108:10
165:12 165:15 165:22 165:23 166:B 166:11
166:16
better [4]
105:21
110:15 151:20 170:9
between [is]
19:21 61:16 75:21 111:5 119:8 120:1 133:21 146:2
6:21
61:19 117:11 133:19
170:7
big p] 65:6 102:13
bill p] 55:22 105:18
biological pj 88:6 88:8 91:14
Birmingham [i] 2:14
bitp] 29:12 146:4 169:17
black pi
153:15
blame [i]
146:1
blended p] 23:11
239
blewp] 104:21
blocks [ii
36:4
blowers pi 91:13
board pj
61:24
90:13 92:5
boatp] 81:14
Bob [4] 22:16 64:19 64:19 76:15
boiler p]
72:8
72:9 73:18
Boland p]
22:16
boring [i]
44:11
borings pi 58:15
43:22
boss p] 98:17 143:23
bottom pj
152:24
bought [ii
101:5
boundaries p] 35:25
boundary p] 37:10
boa [1] 79:22
break [B] 45:22 46:2
100:11 111:7 172:15
5:5 82:1 111:9
begin [4]
71:10
105:8 109:25 147:11
beginning [4] 41:7 154:18 154:20 154:21
behalf [i]
81:8
behind pi
149:7
158:14 158:17 165:7
165:10
iclow [1]
135:24
benefits [2] 78:19
78:18
Jenson [i] 2:7
breathing pi
Brian [i]
brief pj 71:1
Brimerp] 58:3
Briopi 68:24 69:8 69:11 69:22
broached [i]
Brown p] 89:5 92:4 92:24
38:20 167:6
57:25
69:1 69:21
121:12 88:25 92:19
lenzenep]
rest [6J 33:12 54:8 62:8 141:6
37:15
41:12 63:7
Bruce p]
16:7
16:9 28:24 93:12
136:1 143:24
bucks [i]
162:24
Jethel [i4]
129:8
163:25 164:2 164:8
164:10 164:11 165:7
Buddy p2] 81:23 82:18 86:8 87:14 112:22 113:20 114:12
idex Page 2
CondenseltTM
114:14 115:10 115:15 115:18 116:11
build[i]66:19
building [12] 4:23 6:22
7:16 8:14 14:1 14:2 15:3 76:23
2:13 7:15
12:17 14:18
built [j] 7:13 78:19 78:21 162:15 164:17
bumpp]
60:17
buried p] 43:7 i 49:6 50:1 51:16 ! 53:16 127:24 129:8
130:20 130:24
burned [3] 55:3 55:7 55:12
burning [i] 55:9
burry [S]
126:16
126:19 126:25 127:3
127:12
business p] 70:21 152:8
Bye-bye [i] 120:11
calculate [i] 53:2
calculated [l] 104:18
calls p] 47:2 47:13
candy [i]
11:12
canned p] 23:12
23:10
cannot [i]
125:1
cap p5] 56:4 95:18 95:19 96:8 96:14 96:24 98:7 103:13 104:24 104:25 105:3 105:8 106:25 108:8 108:13 109:13 110:4
133:8 133:9 139:10 139:13 140:7 140:9 140:14 150:13
capability [i] 60:3
capped [13] 14:2
43:19 48:5 48:9
56:13
47:18 48:6 56:2
57:13
47:18 48:8 56:11 57:17
capping [7] 15:3
66:24 96:22 109:3 109:5 151:16 162:14
cardp] 80:6
care [4] 48:17 48:22 48:24 112:13
careful [i] 140:18
Carolina [i] 2:17
case [17] 5:13 6:4 6:12 6:13 6:15
9:6 12:11 12:25 13:11 13:13 83:21 117:15 118:10 121:11 121:18 122:22 124:5
cases p]5:13 5:14 102:3
caused [3] 35:11 123:11 126:8
caveat [i]
5:11
ceiling [i] 105:17
cells p] 43:13 128:18
center [i]
109:11
central pj
41:25
CEO p] 18:9 18:11
certain pi
53:3
certainly pi] 45:24 60:14 60:20 61:3 91:9 107:23 110:10 110:20 113:24 132:11
157:1
chain pj
60:23
60:24 61:12 61:20
135:23 135:25
chairman p] 61:24
change pi
16:22
104:5 104:9 104:16
119:12 170:1 170:6
changed pj 18:4 34:12 104:4
characterization pj
9:8 42:11 47:3 59:8 59:13 62:20 94:8 151:21 154:25
characterize [ii] 9:22 36:24 37:8 43:17 43:18 43:21 48:21 49:24 62:15
69:13 94:21
characterized pi 14:21 14:24 15:22
59:20
characterizes [i] 31:23
characterizing [4] 9:14 9:23 42:23 94:3
charge pi
89:3
Charles p] 99:19
Charlie p] 99:20 99:21 99:25 100:5 100:9 100:21 100:22
checked [li 93:11
checking p] 170:9
Cheiverp] 76:15 76:15 76:18 77:3
chemical p] 6:19 37:23 77:21 95:24
chemicals m 6:23 6:24 9:20 37:19 38:15 49:17 75:21
chemistry p] 38:14 38:15 '69:25 70:12
72:14
chlorinated pi 9:21 37:16
Chlorobenzene pj
37:15
Choco [i]
11:9
chocolate [<] 11:1 11:4 11:10 11:11 11:12 11:21
choice pj 121:21
121:19
chose pj 149:5
121:11
church [ioi 129:8
JUNE 15, 1999
158:14 158:15 158:18 164:1 164:3 164:11 164:17 165:14 166:17
circumstances PI 129:22 129:23
city [16] 25:18 25:19
90:10 90:19 90:20 90:21 91:15 92:6 99:7 100:8 101:9 101:11 101:16 101:24 102:3 109:11
city's pi
101:2
Civil p] 1:6 4:6 4:17 4:18
clarifier pj 22:4
22:2
clarifiers pj 91:12 91:13
clarify p]
60:5
112:14 165:12
Clark [l]
2:13
Claudia pj 147:19
clayp] 43:20
Cleaning pi 81:14
cleanup p] 15:8
clear p] 49:9 165:16
client po]
84:13
86:22 113:5 113:10
115:1 115:16 117:17
118:16 119:18 165:19
clips [l] 19:16
closed [i]
152:7
closer [i]
138:1
closet pj
79:22
Clyde pj
10:4
COp] 1:8 4:7
COalp] 46:8
coal-fired p] 72:7
coast p] 8:5 8:7
Cobb [i]
151:8
combination pi
73:11
coming pj 53:3 84:3 121:7 121:24 123:13 123:20 124:5
command [i] 135:23
commencing pj 4:24
comment p] 108:25
commission p] 89:7
89:9 89:12 90:3 101:12
common p] 50:25
communicated [i] 142:16
communications [i] 117:11
companies m 7:24 77:22
company p3j 12:16 17:1 17:23 18:7 32:2 50:16
50:24 59:19 80:21 81:9
12:7 17:4 21:13
50:17 79:10 86:12
SCLAFANI WILLIAMS COURT REPORTERS, INC.
HARTOLDMON0044494
JONH IS, 1999
86:15 117:16 117:20 136:7 151:11 151:14 163:8
compares [ij 66:9
complaint p] 12:15
complaints [ij 35:20
complete [i] 40:19
completed pj 40:17 41:9 62:21 132:14
completing [ij 37:7
compressor [i] 72:3
concentrations pj 98:9 103:18 158:19
concern [4] 31:1 36-JO 37:2 126:9
concerned pi 2435 49:5 49:7 119:15 123:12 125:12 126:5
concerning [i] 110:19
concluded pi 120:13
concrete p] 103:12
conducted pi 24:21
confidentiality pj 79:15 80:22
conjunction pi 137:4
connected pi 38:11 72:4 1365 136:10 connection pj 9:10 934 56:16 56:18 58:14 8031 88:14 99:13 125:8
consent pi 107:12 107:12 108:4 108:6 108:15 109:6 128:23 128:24 15034
consequence [i] ! 1133
consider pj 142:18 153:3
consideration pi 21:9
considered pj 3730 37:22 84:12
consist pi 133:5
constituents pi 30:3
construction psj 10:14 11:14 11:17 12:16 1435 15:1 40:1 40:14 41:8 41:9 6232 67:13 67:14 71:20 71:21 131:7 131:12 132:6
consult pi 165:18
consultant pi] 10:13 1532 21:4 27:11 28:8 29:9 29:24 67:19 69:13 88:5 151:25 152:3
consultants pj 9:25 27:15 29:23
consulting pi 78:3 78:6 111:25
contact [ii] 19:22 585 88:16 89:5 903 90:9 90:12
99:7 100:4 101:18 111:3
contacted p] 112:18
contain pj 169:14
contained pj 43:13 127:23 142:4
contaminant pj 95:23
contaminated pi
13:25 3631 3632 37:5 126:16 129:25 164:21
contamination pj
37:3 156:15 159:1 161:10 163:10 166:3 169:7 170:16
context pi 117:18
contiguous [i] 36:10 156:24
continue pj 40:16 65:5. 161:8
continued p] 1525 152:13
continues pi 172:20
contour [i] 140:6
contractor [<i 631
39:11 126:19 12635 133:23 133:24
contractor's pi39:12
contrary p] 11233 112:25 120:24
contribute pi 8:15
control pi 168:20
167:20
controls [i] 73:18
convenient pj 113:24
conversation [Z3]
82:17 82:18 84:1
85:13 93:19 93:23 94:1 94:13 94:15 113:11 114:13 116:3 118:3 118:4 118:17 118:20 119:1 1193 119:20 120:1 120:22 125:15 125:16
conversations pa] 83:24 84:11 86:20 111:22 1135 115:14
119:17 119:21 120:17 131:15 170:7 170:10
170:11
cooperate pi 79:7 113:25
cooperating pj 80:22
coordinate pi 27:12
copies pi 41:19
41:18
copy [io]
13:5 13:8 23:24 32:19 79:21 79:23
13:4 23:23
39:20 81:15
comer pj
153:10
corporate pj 71:20 71:21 73:7 75:20 76:13 77:1 77:5
correct pi] 17:4 23:17 26:11 28:9
CondenseltTM
48:24 53:8 67:10 68:8 68.-9 68:10 74:10 103:24 104:6 105:3 110:15 121:13
131:3 134:8 141:7 145:7 145:12 154:19 155:13 158:5 160:2 160:25 161:4 164:21
COSt [1] 6535 66:13 1053 105:5 105:12 121:6 162:14 162:20
costs pi 60:7 66:19
counsel pi] 23 2:10 101:9 101:24 112:19 113:17 114:4 114:5 114:6 1173
11930
county pi 101:13
101:12
couple [5i
70:1
82:23 101:12 112:14
144:14
course pi
17:3
84:16 115:24 117:4
125:14 144:24 162:9
court pq
1:1
4:1 4:22 5:12
5:14 115:3 116:11
117:14 117:22 117:23
118:6 118:13 118:23
119:7 119:14 119:23
120:7 120:11 125:24
cover pj
130:6
130:7 131:10 131:17
139:10 166:15
covered pi 86:21 113:9 131:2 159:14
159:15 159:16
covers pi
116:23
Cox [] 2:11 5:4
5:16 5:24 13:6 20:4 20:12 20:21
20:25 25:13 26:4 26:23 29:14 33:5 33:13 3633 37:6
38:23 43:11 45:23 46:20 48:11 49:13 50:2 52:8 53:9 58:5 62:12 64:4 64:8 64:16 65:1 65:8 6534 74:17 75:1 82:5 82:12 82:18 8331 84:10 84:19 85:5 85:21 86:1 86:17 86:24 87:8 87:17 96:1 10S:4 109:24 110:24
112:14 112:25 113:13 115:4 115:10 115:15 116:13 120:10 120:12 120:19 120:23 121:8
125:16 123:23 124:6 124:13 125:13 125:21 1276 127:10 128:1
129:1 129:16 129:21 1303 132:17 133:15 13819 14131 151:13 153:5 153:8 153:11 153:19 153:22 156:6
157:19 161:1 163:11
161:15 164:8 165:9
165:11 167:7 172:13 172:15
Cox's p]
12331
create pj
124:22
created pi
96:6
Cut [1] 75:23
CV-97-AR-2430-E
p] 1:6 4:6
D [l] 3:1 D-N-A-PL-S PI
69:17
D-Y-E-Rpj 83:22
daily p] 63:20
Dalep] 28:12 28:20 34:6 99:10 100:1
data pj 29:8 52:9 53:10
datep] 133:16
dated p]
32:14
dates m 16:21 26:6 41:4 75:4 84:3 113:24
day-to-day pj 49:3 50:13 76:20
daysp] 9:13
deadlines pi 27:16
deal p] 83:5 16335 164:6 164:13
deals pj 117:17
dealt p] 83:2 95:9 95:10 147:20
death pj 92:20
92:18
decide p] 168:3
168:1
decided [fi] 95:21
104:15 139:18 145:19 160:13 160:16
deciding p] 110:4
decision p7j 59:19
61:11 96:8 96:13 98:10 105:5 126:12
137:13 137:15 146:17 146:20 149:8 161:3 161:5 168:4 168:6 168:8
decisions pj 126:7 126:15 1563
decree p]
107:12
107:14 108:6 109:6
12834 150:25
defendant [i] 116:18
Defendants p] 1:9
2:10 4:8
defer p] 15131
defined pi 161:8
definitely [i] 119:25
degree p]
38:14
69:25 70:3
demolished [i] 14:1
demolishing p] 15:3
Dense p]
69:16
density p]
159:19
compares - disagree
DEP [l] 15:15
|
department pj 2531 41:21 7131 72:3 75:20 101:16
:
depended p] 2935 |
depending [i] 63:17 i
depose pi 121:15
121:5
deposed pj 82:9
122:10
deposition p4] 1:12 4:11 4:14 5:10
6:7 12:11 13:5 13:11 81:15 82:14
82:15 82:20 84:1 84:15 85:11 86:18 87:5 111:24 112:2 11230 113:22 114:8 114:16 115:11 116:5 117:1 117:5 118:5
118:25 119:3 120:3 122:2 153:1 172:20
I
depositions pi 6:10 85:3 117:19 152:22
design pf] 67:5 88:5 94:5 973 104:18 104:20 110:9
132:3 139:2 139:7
13931 140:24 141:12 141:12 142:1 142:4 147:12 147:14 167:13
designing pi 67:19
desire pj
123:20
desk p] 20:15
detail p]
21:5
detailed [5] 50:13 5231 139:7 13931
147:14
details p]
49:3
49:15 49:18 49:25
80:13 113:1
detention pi 103:7
determination pi
43:8 103:19 145:5 155:3 170:24
determine pj 36:25
device pj
17033
Dick pi 10:18 1034 87:25
difference pj 119:8 17032 171:2
different poi 16:23 44:11 76:10 76:10 7732 117:22 133:10
137:9 144:7 169:17
digging pi 139:17
direct p]
3:5
530 11:17 130:23
directed pi 65:12
directly pi 19:6 91:16 135:22 136:3 136:22 136:25 146:9
director pj 17:13
17:8
dirt [4] 104:18 104:22 108:12 169:4
disagree pi 68:6
SCLAFANI WILLIAMS COURT REPORTERS, INC.
Index Page 3
HARTOLDMON0044495
aisoanded. - extent
disbanded [i] 75:19
discharge [4] 22:5 22:6 91:1 91:13
disclose pi 124:20
79:14
discovered pi 95:4
95:7
discovery pi 4:16
96:10
discrimination pj 80:4 80:17
discuss [4] 145:14 150:3 150:4 164:5
discussed [l] 150:6
discussing pi 97:1
discussion pi 33:25 115:7 167:18 170:20 171:5
discussions p] 131:23 131:24 166:23
dislike pi
64:21
dismantled pi 91:22
disposal [] 49:4
54:5 72:5 73:10
74:8 75:13
dispose p] 126:16
dispute pi
12:18
distinction p] 114:23 ' 171:2 171:4
distinguishable [i] 118:12
distinguished [ii
102:14
DISTRICT [4j 1:1
1:1 4:1 4:1
iitchps]
94:20
94:22 95:1 97:23 98:3 98:5 98:23 99:2 104:20 140:13 140:24 141:1 141:13
154:25 154:25 158:15 158:17 159:17 165:7
liveried pj 158:4
livisionpi 4:2 135:7 138:14
JNAPLSp] 69:16
NR[] 25:19 33:6 33:16 34:1 34:18
1:2 138:13
69:13
25:21 33:25 35:17
ocumentp] 10:6 30:1 85:10 151:3
acumentspi] 10:11 <2:11 52:13 52:14 12:11 82:12 85:2 15:8 108:23 113:4 17:9
iesn'1tpj 50:13 16:8 157:1
illars mi 60:7 0:9 60:16 61:6 6:7 68:4 105:12 52:21 162:23 163:1 53:3
Ml PI 85:7
Donald pr] 2:3 6:2 113:12 113:19 115:5 115:9 117:6 118:21 123:24 124:14 128:11 131:11 163:1
done [43]
6:10
12:17 24:1 27:2
27:12 27:15 27:18
27:19 31:2 31:19
31:25 32:4 40:23
46:18 59:7 67:3
67:4 67:8 73:15
74:5 74:12 74:18
75:5 75:8 75:15
88:18 98:20 99:13
106:23 106:23 127:9
129:14 129:17 129:18
129:19 149:9 149:17
152:25 155:2 155:5
155:11 160:3 169:10
donkey18 p] 145:25
down ps]
7:24
8:7 9:19 10:19
21:22 43:22 43:23
67:12 82:24 89:14
91:23 94:13 98:23
104:5 107:19 107:20
108:11 110:11 120:15
121:7 121:24 124:5
125:25 129:3 130:7
130:17 130:17 131:12
131:25 132:8 133:22
140:11 143:19 144:6
155:1 156:16 158:3
166:18 169:5
down-size pi 78:12
down-sized p] 77:21 78:4
downtown pi 12:22
drainage [id] 103:10 140:6 140:8 140:12 154:25 156:14 157:16
157:20 157:24 158:1
drained p] 168:23
draw p] 78:24 153:2 153:11
drawing [i] 161:12
drawings [i] 100:9 139:8
drilled pj 58:15
43:22
driving pi 74:19
drove p]
161:3
drummed p] 23:9 23:12
dulyp] 5:18
dumped pj 90:21
during [i]
19:16
50:23 76:13 77:14
92:8 115:24 117:4
171:6
dust p] 169:4 169:20 169:23
Dyerp] 83:21
Ep] 2:15 3:1
early [i4j
9:7
9:13 33:24 40:21
75:19 90:8 97:22
CondenseltTM
109:18 109:21 144:1 147:13 164:15 167:13 172:4
easier p]
153:15
east po] 36:13 36:15
37:11 39:5 39:9 41:2 46:5 46:14 94:4 94:7 94:7 94:20 94:23 94:23 95:12 97:23 98:3 98:11 99:14 100:3 100:18 101:1 102:22 128:9 128:20 154:3 154:3 154:17 162:2
166:23
eastern [uj 4:2 151:23
155:3 155:11
161:23 167:1
167:16 170:4 172:7
1:2 153:3 161:18 167:11 171:16
Eddie pi
112:5
educational pi 69:23
EdwardsviUep] 70:22 70:23
effluent p] 169:13
169:12
effort p]
143:14
167:19 168:2
eight pi 7:19 105:16
either [i4]
16:7
16:13 18:10 23:16
31:9 84:11 84:18
89:22 92:4 99,24
101:7 112:15 113:25
141:4
electrical pj 73:13 73:21 73:24
electrostatic pi 72:7 72:11
Eleven p]
79:3
eliminated p] 18:22
Ellen p]
2:6
6:5 115:10 118:9
elsewhere pi 40:23 148:7
Emelle[i3] 103:16 103:20 103:24 108:3 108:11 128:5 128:7 129:9 139:20 140:2 145:6 159:8 159:8
emergency [l] 151:6
emphasize p) 70:14
employ pj 117:25
enacted [2] 26:21
26:20
end[<] 94:7 128:3 132:15 160:19 171:9 172:20
ended pi
100:9
100:11
endocrinology ii] 70:11
endsii] 29:22
engaged ii] 116:7
engineer i4] 92:16 139:2 143:12 157:22
engineering [i4]
17:11 17:13 70:3 70:16 71:11 71:20
71:21 72:16 73:1 73:7 75:20 76:14 77:5 101:17
engineers pj 88:4
89:20 97:17 141:4 141:16 147:12 147:20 147:23 168:11
entered pi 5:12 87:1 108:4 108:16
entitle pi
47:7
entitled pi 85:6 117:7 118:6
environment pi 50:18 50:20
environmental pa] 15:11 16:19 17:9 22:16 29:5 34:5 58:1 70:3 70:15 71:11 75:24 76:2 80:25 88:22 122:12 122:22 123:4 123:7 123:11 123:18 137:21 137:23
EPA ps]
9:2 25:19 31:7 31:16 32:19 32:23 33:25 34:10 35:13 41:19 43:21 45:12 47:5 58:24 59:1 59:2 59:6 59:14
7:19 31:5 32:17 32:24
34:14 42:12 46:25 58:25 59:4
59:16
Eric p] 57:25 58:3 58:9
estimate pi 53:4 53:11. 104:21 143:3
143:7 143:10 145:10 146:24 148:4
employee [i*j 78:9 estimated pi 143:8
83:10 84:14 84:22 estimates pi 45:13
84:23 86:2 86:13 : 45:14 45:16 147:10
115:13 115:17 116:7 147:25
116:16 116:17 117:23 118:9 118:19 123:2
employees m 114:9 115:20 122:17 141:15
116:22' 118:19/
'
111:23 122:1^ 151:8
estimating [2] 144:11
estimation pj 66:5 142:24 144:13
143.19 66:1 143:14
employer pi 113:7 etpi 1:8 4:7
124:23
event [l]
145:11
employment [i]
eventually pi 26:16
116:15
Everett [i4] 13:20
JUNE 15,1999
15:6 56:1
56:23 57:6 57:19
21:14 56:5 57:3
57:7
56:1
56:17 57:5 57:16
everybody pi 18:22 78:4 79:18 79:20 97:5
everywhere pj 22:23
exact [<]41:4 47:15 108:17 133:16 162:22
165:2
exactly pi] 8:12
9:4 9:23 22:25 26:7 30:14 46:25 49:20 55:21 56:4 74:4 96:16 97:24 124:4 133:12 141:10 141:11 153:17 154:6 168:24 171:7
examination [5] 3:5 4:14 5:20 89:23 115:25
excavate p] 105:7 108:10 140:23
excavated [C] 103:15 103:25 105:9 166:8
166:10 166:18
excavating p] 103:5 103:6 103:8 107:13 108:2 108:13 140:1 141:17 145:6
excavation p] 100:7 140:5 142:4 145:14 166:21
excess p] 163:2
162:7
Excuse [i]
81:10
Exhibit pi 3:14
152:16 152:17 152:19 154:1
EXHIBITS [l] 3:11
existed pi
157:7
expand [S] 89:15
89:24 160:13 160:16 161:6
expanded [nj 152:2
153:5 153:20 153:23
154:1 157:3 157:10 157:17 158:10 160:13 161:6
expansion [i] 88:8
Expart [i]
117:16
expected p] 156:13 156:15 156:18
expenditure [i] 163:13
expense pi 117:4
experience pi 20:3 25:4 62:9 62:9 150:11
explain [i] 153:12
exposing m 104:23
exposure p] 30:25 31:3 .
extends pi 111:22
extent [4]
36:25
37:9 49:7 161:9
lex Page 4
SCLAFAN1 WILLIAMS COURT REPORTERS, INC.
HARTOLDMON0044496
JUNE IS, 1999CondenseltTMfacilities - help
facilities [i] 7:1
26:15 54:5 54:10 89:24
facility [3ij 14:8 14:9
24:15 26:12 31:21 32:12 37:8 42:3 53:22 55:14
88:3 88:6 88:23 89:4 89:24 90:17
136:12 137:6 156:25 157:3
11:3 21:23
26:16 32:13 42:17 87:23
88:15 89:15 91:21
156:23 170:24
f8Ct [19] 24:25 25:1 52:4 52:14 52:15 52:20 52:23 52:24 61:23 114:24 116:24 119:19 129:6 131:8 141:9 151:9 155:13 158:10 164:6
facts IS] 111:15 113:14 118:12 123:14 140:19
fairti] 110:17
fairly p]
45:11
50:25 158:19
fall [2] 39:8 39:23
falling [i]
73:23
familiar [2] 130:9 138:8
far [it] 12:17 30:20 36:2 61:20 62:4 62:25 63:4 110:17 117:10 119:14 132:12 142:6 149:22 154:4
159:11 172:11
fashion [i] 122:16
Faust [9]
62:16
131:19 144:1 144:2
150:17 150:18 164:16
168:10 170:8
Faust's [i] 153:1
favorablep] 101:20
fearful [S] 123:19 124:2 124:3 124:4
124:19
February [i] 171:11
federal [g]
31:9 33:1 33:14 33:23 89:22
4:17
33:11 35:10
fee [3] 87:1 111:18 116:1
feelings [i] 101:22
feet p] 43:20 140:25
felt [6] 25:6 32:3 33:2 33:11 125:13 126:3
fence pj
100:2
few [l] 97:22 154:16
field [l] 102:13
fifteen [i]
18:5
fiftyi*] 73:22 103:21 103:23 159:6
fifty-nine [i] 79:1
figure |*i
44:20
68:5 130:13 162:4
filed m 5:14 83:18
files [i] 82:7
fill [i] 89:2
final [2] 91:14 137:11
finding [*] 30:1 44:23 44:24 166:4
fine [7] 5:4 5:16 87:8 87:17 119:13 120:10 120:19
finger [i]
105:19
finish [2] 110:9
43:ll
finished [5]
41:3 70:7 132:19
16:3 70:25
finishing [i] 94:5
first [27] 5:18 7:18
13:13 13:16 14:22 34:20 50:3 72:2
81:18 83:5 87:19 87:20 96:25 97:21 97:22 109:3 109:4
111:20 115:16 121:12
125:3 130:15 133:21 145:10 154:9 154:24 155:2
five [2] 16:22 172:13
fix [l] 163:17
fixed [i] 100:14
floating [i] 22:2
Florida pj 4:24
4:21
flowed [i] 36:18
flows [i]
36:16
fluid [i] 14:15
fluids [ij
14:13
focus [i]
42:22
folks [2] 90:13 92:6
follow [3]
50:10
59:17 65:12
follow-up [2] 67:7 67:12
followed [2] 50:5 67:10
following [i] 4:25
follows [i] 5:19
farce [i] 74:19
Foresman[27] 19:3 19:4 19:6 19:12 19:21 20:23 21:6
62:5 97:6 105:20 136:1 136:4 136:19 136:22 143:15 143:20 144:17 144:18 145:22 146:16 346:21 146:22
151:16 151:18 168:9 168:10 170:8
Forcsman's pi 60:15 60:21 97:12 97:13 137:14
forget [i]
47:1
forgive [i] 132:11
form [43]
13:6
20:4 20:12 20:21
20:25 25:13 26:23
29:14 33:5 33:13
36:23 37:6 38:23 46:23 48:11 49:13 50:2 53:9 64:4 64:16 65:24 74:17
75:1 96:1 105:4 109:24 110:24 123:16
123:23 125:21 127:6 127:10 128:1 129:1 129:16 129:21 130:3
132:17 133:15 138:19 151:13 157:19 163:11
format [i] 47:5
former [is] 84:13 84:22 86:1 111:23
113:7 114:9 115:12 115:17 115:20 116:6 116:22 117:23 118:9
118:19 124:23
Fort [i] 19:10
forth [i] 32:23
forty pi 9-2 73:22
found [U] 22:12
25:10 30:4 30:12
38:24 45:1 58:18
58:20 94:19 105:2 128:16 128:20 159:1 159:7 161:13 161:17 164:25 165:21 165:24
foundry [i] 157:8
four p] 61:9 138:6 140:25
frame [S]
40:24
40:25 76:22 77:5
92:9
Franklin [i] 2:12
freep] 114:10
Friedman [i] 2:7
friend [i]
64:19
full [2] 5:24 5:25
funding m 7:18 7:22 8:20 60:2
7:16 8:16
future [il
31:3
G-E-R-Ep] 167:9
Galveston p] 8:4 8:10
Gaiety [<] 29:11 46:16 46:18 98:19 152:4 15*6
Garrett [2] 99:12
99:10
Garth [i]
19:8
gas [i] 171:3
geared pi 33:7
Gene [3] 88:12 88:20 92:24
general [7] 23:23
23:24 51:5 51:9 51:12 92:2 122:6
generally pi] 48:20
48:25 49:15 50:10 51:6 51:20 52:1 58:7 96:11 135:5
137:7 137:,'3 137:15 150:12 150:16 155:24 163:12 16317
Genesis [i] 152:10
gentleman [2] 76:14 99:9
gentlemen pi 5:23 92:25
Gerald[l]
134:17
Gere P] 167:5 167:9 168:13
given pi
6:6
13:11 39:17 51:10
85:4 106:20 141:15
giving [i]
161:13
goes [2] 25:18 158:3
Golderps] 94:5 97:1 97:17 110:8 132:3 136:6 139:2 139:22 141:16 142:11 143:25 144:11 144:14 144:23 146:3 147:1 147:9 147:23 152:25 166:24 167:3 168:12
168:14 168:15 168:16
gonep] 133:11
goodp] 29:12 111:8
government [4] 33:1 33:11 33:15 33:23
grace p]60:ll 60:12 60:18
Greene [i] 2:16
Greensboro pi 2:17
ground pj 113:6
36:21
groundwater pi
27:25 36:16 36:17 43:25 44:3 45:6
49:8 131:4
group p7]
16:17 16:18 19:3 29:1
47:14 71:11 71:18 72:16 73:8 73:12 75:25 75:25 76:5 76:9 77:9 77:10 77:21 92:17 97:13 122:7
122:18 123:5 137:5 144:9
16:15
16:24 30:1
71:13 73:1 75:23 76:2 77:9 77:13 97:12 122:13
123:18 146:12
guess [9]
79:4
110:16 122:8 132:9
135:17 146:15 147:13
153:9 160:15
guy[*] 18:10 34:18 64:1 138:6
guys pj 15:15 152:6 152:8
GZA pj 15:25
habit pj 161:20 163:7
half[6] 8:22 8:22
61:16 61:19 66:6 163:2
Hall [i] 12:23
handled pj 48:13 106:8 142:9 142:10 144:6
hands-on [i] 64:1,.
Hanson [99] 1:12'
3:4 4:11 4:14
5:17 6:1 6:2 6:15 20:2 20:6 20:11 21:2 23:13 34:4 35:24 41:12
44:21 45:9 48:15 50:8 51:8 52:10 52:12 52:24 53:19 54:9 56:20 57:21 60:8 60:19 61:21
63:19 64:15 68:7 68:20 70:24 83:15 86:23 89:16 91:10 92:10 95:22 99:9 102:2 104:9 104:16
109:18 111:12 111:16 112:17 112:18 113:21
114:3 115:12 115:23 117:12 120:21 123:8
124:15 126:10 126:21 126:24 127:5 127."9 127:14 128:13 129:2
129:7 129:12 129:15 129:19 130:8 130:11
131:8 140:17 141:25 142:20 143:5 143:11 143:21 145:25 146:5 146:8 146:11 146:24 151:1 156:1 1S7:11 162:14 163:8 163:19 164:22 165:22 165:25 167:16 167:20 171:13 171:14 172:3
happening [i] 98:4
hard[i] 18:5
Hardee p] 134:17
106:17
hatepi 112:5
hauled pj
45:13
hauling m 139:19
104:22
hazard [i]
146:15
HDPEp] 159:18
159:16
head pi]
6:18
15:10 23:25 24:19
45:20 57:8 61:2
71:6 74:22 75:17
76:4 76:12 80:18
93:8 101:15 120:8
133:1 147:24 155:9
163:6 172:12
headquarters pj 33:10 77:1
health [*]
39:15
41:21 50:18 50:19
healthy [t] 147:7
hearp] 162:4
heard pj 149:15
63:13
hearing pj
109:1
118:14 118:23 119:16
hearsay [i] 130:22
heatp] 14:13 14:15
heavy p]
38:15
38:17 70:10
heldpi 4:19
Helms p]
2:15
helpp] 126:12
SCLAFANI WILLIAMS COURT REPO RTERS, INC.
Index Page 5
HARTOLDMON0044497
Herbicides - landfill
Herbicides m 72:23 ignorant p] 49:11
hey [i] 170:8
H[i] 172:21
high pi] 31:17 44:12 44:13 44:23 68:14 98:8 158:13 158:19 159:19 165:24 166:1
higher [i]
21:6
highly [i]
129:24
highway m 140:11 158:2 158:4
hill [12] 153:18 156:13 156:14 156:16 156:16 158:3 158:14 158:14 158:18 164:9 165:9
165:10
mm 2:11
Illinois [14] 43:20 46:25 47:11 47:13 59:1 59:2 59:6 59:14 70:23
42:12 47:5 58:25
59:4
59:16
immediate p] 16:6 18:24 35:25 93:12
implementation [i] 155:15
important [4] 48:20 48:25 49:18 118:18
hire PI 24:5 116:1
hired p] 84:24 111:16 141:16
historical pj 52:9 52:17 52:21 53:5
historically [5] 48:17 51:23 53:20 55:12 157:6
history [i7] 45:8 45:12 48:18 48:19 49:2 49:17 49:19 50:14 51:9 53:13 71:2 96:9 96:11 96:12 130:20 130:23
149:7
hit [i] 105:17
holdpj 16:14
Honestly [i] 79:17
! horsepower [i] 72:2
`hospital pj 70:2
. 70:8
hot pj 160:9 165:5 165:6
hourpj 120:9
Houston pj 8:9 10:5 69:10
2:9
12:22
HR[i] 81:11
human [i]
81:11
hundred [6] 30:15 30:16 30:19 66:18 162:24 163:1
hunt [i] 145:9
hydrogeologist [3) 28:13 28:21 34:14
hydrogeologists [i] 144:8
hydrologist [1] 28:20
idea [271 14:19 33:6 33:14 38:21 43:2
43:6 51:9 51:12
53:6 56:7 56:15 58:13 62:4 66:12
67:1 68:10 68:17 69:23 74:12 91:24
91:25 130:25 146:13 156:22 157:23 161:14
170:1
improvement [4] 89:7 89:9 89:11 90:3
in-house [i] 35:5
Inc p] 1:8 4:22
4:7
incinerate [i] 7:14
incinerated [3] 54:2 54:20 55:13
incinerating p] 53:22 54:10
incineration pi 54:23 55:24
incinerator p2] 6:22
7:11 7:12 7:13 7:15 7:16 8:15 8:16 10:14 10:15 11:15 12:17 55:25 56:3 56:5 56:16 56:21 57:2 57:10 57:13 57:17 76:24
incinerators m 54:5
included pi 45:11 141:13
incorrect p] 131:20 132:12 132:13 154:19
independently [ij 137:2
indicate p] 59:5 59:6 101:25
indicated [24] 24:17 38:19 47:17 49:20 50:9 52:25 55:1 67:9 69:21 102:6 115:23 116:2 119:3 119:11 121:16 124:1 132:10 133:2 142:8 149:1 159:5 161:14 168:13 169:17
Indicates m 151:5
individual m 119:15
industries [ij 69:7
industry [i] 69:6
influence pj 33:3 33:9
information pj 24:9 51:25
informed [i] 55:21
identification m 152:18
initial p] 101:18
71:17
identified [i] 46:19 initiated [i] 35:9
ndcx Page 6
CondenseltTM
insignificant [i] 142:19
instance [i] 4:15
instead [i]
139:19
instituted pi 50:23
instructing m 112:7
insurance p] 117:16 117:20
interested pi 35:18
interim pj
149:11
149:17 150:25 151:6
151:17 151:19
internal [<] 24:20 27:13 28:9 28:16
41:24 67:20
interruption p] 81:25
introduce [i] 5:22
introduced m 139:1
investigation p2] 21:23 24:15 24:20 26:10 26:11 26:12 27:2 27:7 27:10 31:21 32:10 32:12 32:13 37:8 42:3 46:16 46:17 47:2 49:1 57:15 57:18
61:14
investigations p] 26:16 47:6
investigator [i] 117:19 118:8
invoked p] 118:15 118:21
involved p] 6:12
6:13 6:20 7:2 7:22 9:7 10:4 10:15 11:16 11:18 13:2 13:14 13:14 13:15 13:19 14:6 22:14 24:22 28:5 29:19 34:4 42:4 48:13 66:25 67:2 67:5 67:7 67:21 68:11 68:19 68:21 73:2 79:15 87:19 87:21 89:13 93:3 93:5 94:6 103:8 115:11 123:8 123:12 125:19 131:14 131:20 131:22 143:21 144:1 144:3 147:2 147:9 147:13 148:11 154:17 155:14 155:22 155:25 156:11 162:2 164:15 166:22 167:17 168:8 171:17 171:20 171:22 171:23 172:1
involvement pi 13:22 42:5 42:8 83:14 93:4; 126:4
involves m 68:19
Iowa [i] 72:15 IRA pj 78:20 78:21
issue p] 7:3 109:2 109:9 118:14
issues [i]
75:13
ists [i] 28:21 itself [3]72:lt 103:9
169:11
J-O-S-L-I-N pj
88:1
Jack pi 97:9 99:3
jealous [ij
106:5
Jeffpi 16:7 16:8
Jerald [i]
106:16
Jerry p] 88:25 92:4 92:24
Jessie m
88:12
88:20 89:6 92:4
92:19 92:24
Jop] 4:11
60:8
1:12 3:4 4:14 5:17 115:12 117:12
job [] 9:25 27:11 59:18 130:12 131:5 144:8
Joep] 6:1
John [6] 1:4 4:3 87:7 87:14 106:16
134:13
Johnson pj 92:19 99:19 100:15 100:21 101:14 101:25
joint [l] 7:18
Jones [io]
97:6
104:12 106:3 106:5
106:8 106:13 107:23
135:10 139:1 142:9
Joslin pj 88:1
87:25
judge [io]
111:14
112:1 112:10 115:5
115:8 116:13 117:21
120:5 120:12 120:13
judgment pj 41:12 62:8 63:7 141:7
Junep] 1:25 4:24
jury [i] 5:23
justify [i]
20:7
Kasowitzp] 2:7
keep p] 13:8 18:5 37:17 39:19
Kelly p2]
82:12 82:19 83:2 83:6 84:18 86:6 112:17 113:11 114:23 115:10 117:12 119:10 123:21 125:14
2:15 83:1 83:24
86:24 113:19 115:15 121:4
125:16
Kelly's pi 121:10
83:14
Ken pi 10:18 10:22 12:3
kidding [i] 80:8
Kim's [i]
29:5
Kimberly pj 29:2 34:13
kind [33] 44:9 50:15 51:22 52:4 52:5 61:25 64:1 78:2 78:5 80:19 80:23 87:1 87:7 89:23 107:12 107:14 108:14 108:24 111:24 116:9
JUNE 15,1999
120:16 135:14 143:10
145:5 163:8
122:6 137:11 143:14
151:3
124:25 143:2 144:13 156:14
knew [i4]
20:14
49:25 51:20 51:22
52:5 64:6 64:10
64:19 74:23 96:11
99:20 110:21 123:14
143:7
knowledge [26] 11:23
25:4 38:11 50:25 53:19 54:8 56:21 57:9 61:21 64:15 75:8 91:18 92:7 109:22 110:18 110:19 127:8 129:10 129:11 129:17 130:5 130:23
150:20 156:8 169:9
171:6
known pj
15:12
64:2 105:6 155:6
L-A-M-A-R-O-U-E
[i] 7:10
L#LtC [i]
2:12
L.L.P [2] 2:15
2:7
lab [i] 70:11
ladies [i]
5:22
Laffery r$i 17:16 18:15 18:15 18:18
19:1
Laffery* sp] 17:18
laid p] 80:2 80:9 101:3
Lamarquep] 7:10 7:17
landp] 135:7 158:10
landfill po4] 39:5
39:8 40:6 40:24 41:3 42:7 42:9 42:16 42:21 42:23
42:25 43:1 43:3 43:8 43:19 43:23
43:25 44:2 44:7 46:4 46:5 46:15 62:20 66:13 66:25 67:9 94:6 94:9 94:10 95:12 95:16 95:18 95:20 95:25 96:4 96:6 96:8 96:17 96:23 96:24 97:1 97:25 103:5 103:9 103:11 108:8 108:13 109:3 109:6 109:20 109:21 110:4 110:22 110:23 126:13
126:20 127:4 127:17 127:19 127:21 127:24 127:25 128:3 128:14 128:15 128:21 130:1 130:2 130:2 130:8 131:10 131:13 131:16 132:4 132:16 132:20 133:8 133:9 138:17 139:6 139:10 139:15 139:15 140:1 140:5 140:11 140:14 142:5 143:1 145:16 145:16
SC1AFANI WILLIAMS COURT REPORTERS, INC.
HARTOLDMON0044498
JUNE IS, 1999CondenseltTM
149:6 149:17 150:9 152:23 156:19 157:14 157:17 157:24 158:22 158:23 162:13 162:15 167:21
landfills [4] 43:14 128:17 129:9 159:7
language [i] 150:24
lapse [i] 114:18
large p] 4:21 69:20
Larry [q
97:9
97:11 97:12 135:12
lj36:18 138:4
last[S] 16:11 18:4 22:18 147:16 147:21
late [7] 40:2 40:4
41:13 75:19 90:8 103:1 132:22
law [5] 2:4 2:8 2:12 129:15 129:20
lawsuits [i] 125:8
lawyer [i] 126:4
lawyers p] 118:4
12:21
layers pj
19:20
laying [i]
80:4
lead pi 138:21 138:25
learn pj 90:17 95:6 123:2
learned [i] 96:11
least P] 116:9 118:11 119:2
leave p]25:7 171:7
leaving p] 25:8 25:10 25:14 168:20
168:22
leftpq 12:1 14:2
19:1 25:9 31:6 31:13 32:5 33:15 33:20 34:2 37:4
53:15 59:3 59:15 67:3 76:1 77:16 79:9 79:18 79:20 82:19 86:12 90:16 111:1 117:25 122:1
125:6 136:20 157:5 159:22 162:1 162:5 166:16 167:12 171:9
legislation pj 26:20
Leighton [i] 2:5
less [12] 8:23 8:25 46:13 66:21 66:22 67:25 160:22 162:13
162:17 162:21 162:23 165:3
lesser p]
18.1
level [io] 53:3 60:2
60:15 60:21 61:3 61:24
21:6
60:14
60:22 103:19
levels [17]
30:9
30:11 44:9 44:10
46:11 46:12 60:14
61:10 158:13 158:25
160:18 160:20 160:20
161:13 164:25 165:2
165:24
liability pj 126:9
lifep] 64:18
light [i] 119:19
Lightfootp] 2:12
likely pi 64:14
20:20
limits [4]
127:16
127:18 127:21 128:2
line [io] 8:4 62:25 63:4 91:1 91:5 100:16 102:4
8:7 90:24
100:11
liner P] 159:17 159:23
lines PI 100:8 102:12
liquids [1]
69:16
list [l] 31:17
litigation [4] 79:7 80:23 83:16 164:3
live p] 35:21 35:23
local [i] 137:3
locate [i]
152:22
located [12]
10:23 23:1 53:22 57:10 88:20 88:22
157:3 164:1
7:8
362 69:9 156:24
Logic [i]
143:17
longer^]
47:19
77:25 86:13 111:19
look p] 49:17 148:18 152:20
looked [6]
22:22
29:7 153:3 154:9
156:11 166:5
looking [4] 22:1 42:15 42:20 43:3
looks [l]
47:14
Loretta p]
10:18
11:19 12:1
lostp] 108:1
loud pi 156:6
Louis po]
11:2
12:6 21:16 21:21
23:1 23:3 28:14
28:17 33:3 35:4
71:8 73:6 105:17
137:5 137:16 144:16
145:12 148:7 148:10
148:23
Louisiana [4] 2:8 54:17 54:18 54:20
lowp] 46:10 46:12 68.16 160:18 160:20 160:20
lucky [i]
84:2
Luncheon p] 111:10
ma'am pi] 8:6
8:24 17:12 26:5
38:6 53:25 55:5 61:18 92:12 107:5
121:20 141:9 146:19 150:15 171:21
magnitude p] 65:21
mail pi 93:ll
main pj 73:12 73:19
maintained p] 137:7 137:19 140:12
major pi. 19:23 20:1 68:18 68:22
68:23
maleic p] 72:3
Malow p] 2:6 6:5 115:11 123:13
125:18
manp] 135:3
manage pi 136:12
managed pj 69:12 136:13
management pi 73:8 75:23 76:8
manager p7] 10:8 10:12 12:9 13:24 16:5 23:21 27:6 27:10 34:10 42:10 45:10 49:11 49:23 50:5 51:11 68:19 76:6 88:10 88:20 89:6 97:7 116:20 135:13 136:23 137:3 137:19 143:12
managers [4] 16:15 34:13 97:14 135:18
managing p] 10:11
manner pi 27:16
manufactured p]
14:10 14:14 23:5 23:12 42:17 48:22 49:2 50:12
manufacturing pq 7:1 9:19 14:8 14:9 23:8 23:22 26:15 27:21 30:5
49:15 49:19 49:25
51:9 72:1 72:5 73:2 73:9 91:19
157:2
map [5] 102:4 102:12 152:24 153:8 157:1
maps [I] 152:21
March p7] 70:7
71:3 97:21 98:2 99:23 110:11 111:2 131:2 132.-8 133:18 133:19 133:21 134:1 134:4 138:2 170:14
171:11
markp] 152:16 153:14 160:9
marked pj 152:17 153:25 156:25
Maryp] 4:19
1:24
Massachusetts pj 13:21 15:6 15:9
15:14 21:14 54:22 54:23 55:15 56:17
master's pi 70:3 70:5 70:13 70:20 71:4
material [i] 7:14
materials pi 9:12 9:15 37:9 37:11 37:14
matter pi 150:5
49:24
may pq 5:4 21:1 33:20 34:23 44:24
46:10 77:18 86:12
97:7 118:2 125:6 145:18 147:8 148:10 148:12 162:18 165:19 1715)
Mayauskyp] 62:17
97:9 99:3 99:16 104:4 104:13 131:19 138:22 172:2
McLain p] 138:14
138:7
mean pi]
8:3
9:5 27:19 28:16
29:24 30:14 38:12
44:13 59:17 61:6
62:16 67:11 70:15
72:4 76:7 78:21
80:13 83:23 87:5
91:1 98:12 102:12
114:25 119:10 142:15
143:11 149:11 157:1
158:2 159:4 170:5
means pi
57:21
measure p] 44:18
149:18 150:25 151:6 151:7 151:10 151:17 151:19 160:1
measures pj 149:11
mechanism [i] 108:17
meet pi] 99:12 99:21
100:15 113:7 117:7 134:5 150:2
84:6 99:22
116:24 134:10
meeting pq 33:24
34:3 34:6 35:9
35:11 96:25 97:4 107:18 107:19 108:14
109:10 109:11 114:14 133:2 138:1 138:21 138:24 138:25 142:2
142:10 144:19 145:4 145:12 145:18 145:21
148:6 148:8 148:10 148:12 148:17 148:22 148:24
meetings pq 89:10 89:13 109:8 132:1 144.14 148:24 155:24
156:10 164:2 164:16
meets pj 150:14
150:13
memory pj 162:10
114:18
menp] 135:1 135:4
mentioned pi] 21:14 24:2 24:12 40:22
75:6 75:7 80:21 103:4 148:6 148:11 162:8
message p] 93:12 93:20
met [10] 27:16 99:24 99:25
108:18 113:3 134:7 149:1
85:23 100:1
116:14
landfills - Monsanto
metals p]
70:10
Michael pj 2:15 19:4
midp] 40:21 41:5
103:3
middle []
40:3
40:10 40:12 43:23
43:23 102:13
might [12]
20:23
25:6 32:15 34:1
36:21 37:3 51:15
64:2 80:23 84:3
85:19 86:6 89:6
124:20 125:17 126:8
146:14 148:1 148:3
153:15 169:6 170:2
Mike [11]
82:19
82:23 82:25 84:12
105:20 115:10 115:14
115:18 124:7 136:1
152:10
Miller [q
29:11
46:16 46:18 98:19 152:4 152:7
million pq 30:17 30:19 44:14 46:13 60:7 60:9 60:16 .60:18 61:6 61:16
61:17 61:19 61:19 62:1 62:6 66:7 66:7 66:15 66:17 66:18 67:25 68:3 103:22 103:23 105:12 159:3 159:6 160:23 162:21 162:23 163:2 165:4
million-seven p]
66:22
mine [i] 146:2
minute p]
80:22
missed pj
139:18
Missionary p] 164:11
Mississippi p] 36:19 36:22
Missouri [6] 21:16 25:19 25:21 33:21 33:23 71:22
mistake [1] 146:24
misunderstood [q 24:12 24:16 125:23 148:20 154:23
modification pj
108:15 131:16 139:16 142:8 142:19 143:2 148:3
Monday pj 93:14 93:16
money pj
61:7
61:25 64:13 150:12
163:8
monitoring pi 131:5
monomers [i] 9:18
Monsanto po5] 1:8 4:7 5:15 6:5 6:22 7:20 7:21 8:14 8:15 8:20 10:9 10:17 11:24 12:20 12:21 13:4
SCLAFANI WILLI/IMS COURT REPORTERS, INC.
Index Page 7
HARTOLDMON0044499
Monsanto's - particularly
14:5 14:7 17:3 18:3 27:13 29:17
29:24 33:2 33:10
35:1 35:2 36:11
38:11 39:14 42:17 48:9 49:21 49:22 50:15 50:17 51:1
52:4 52:25 54:3
55:3 55:12 56:22 56:25 57:3 58:10
59:6 59:11 59:12 65:15 66:2 66:10 67:20 68:21 69:6 70:22 71:2 72:18
74:14 74:24 75:19
76:23 77:16 77:25 78:6 78:22 79:6
81:22 82:5 83:11 83:18 84:14 92:5
94:25 95:1 95:2 101:4 109:15 109:23 110:21 111:19 115:13
116:16 116:16 116:17 119:4 119:8 122:1 122:17 122:23 123:3
125:6 125:9 125:19
135:9 141:5 141:15
154:12 156:23 157:15 158:9 158:18 158:22
160:14 171:9
Monsanto's [ii] 36:20 37:2 38:18
49:10 61:7 98:21 98:24 109:21 117:3
117:25 122:10
Montgomery [l] 142:14
months [] 39:23 78:13 97:22 110:7
110:8 132:23
Montrose p] 153:17 153:19
Moore [i]
2:15
morning p] 93:14 93:16
Morris []
158:14
158:14 158:18 164:9
165:9 165:10
most [12] 27:21 29:15 31:4 73:22
76:8 85:15 160:22 165:2
24:7 30:6 74:2
102:3
mostly [4]
6:25
9:17 30:24 70:18.
MotCO[4] 7:4 7:6
6:16 69:22
move [71
127:11
127:13 127:13 127:15
140:13 140:25 141:1
moved m
37:9 71:19 73:6 75:25 127:23 128:3
19:3 72:15 127:20
moving pj 141:13
49:8
tfrs[]6:2
20:2 20:6 21:2 23:13
35:24 41:12
6:15
20:11 34:4
44:21
45:9 48:15 50:8 51:8 52:10 52:12
52:24 53:19 54:9 56:20 57:21 60:19
61:21 63:19 64:15 68:7 68:20 70:24 83:15 86:23 89:16
91:10 92:10 95:22
99:9 102:2 104:9 104:16 109:18 111:12
111:16 112:17 112:18 113:21 114:3 115:23 120:21 123:8 124:15 126:10 126:21 126:24
127:5 127:9 127:14 128:13 129:2 129:7 129:12 129:15 129:19
130:8 130:11 131:8
140:17 141:25 142:20 143:5 143:11 143:21
145:25 146:5 146:8 146:11 146:24 151:1
156:1 157:11 162:14 163:8 163:19 164:22 165:22 165:25 167:16 167:20 171:12 172:3
Ms [S] 2:6 29:3 29:4 123:13 125:18
Mullissp] 2:15
Muscatine [4] 72:15 72:20 73:1 73:16
N[i] 3:1
name [is]
5:24
5:25 7:4 7:6
16:11 16:17 22:18
34:19 38:2 39:12
57:3 134:14 134:18
138:8 147:17 147:21
named [4]
76:14
99:10 115:12 147:19
names [4]
16:23
106:18 134:12 147:15
nation [i]
7:18
natural [4]
25:22
157:16 157:20 158:1
nature pi 13:22 21:20 83:25 90:2 94:11
12:15 83:14 93:25
near [4] 50:19 56:2 156:24 158:14
necessarily [i] 156:20
need [4] 5:4 58:5 120:7 156:6
needed [7j
94:20
103:20 113:23 126:3
147:10 155:4 172:9
negative [i] 125:10
negotiated [ii 164:13
negotiating [i] 163:25
neighborhood [i] 66:8
neighbors [i] 51:19
never pi
52:11 60:23 77:8 101:3 125:22 164:4
29:24 63:12 116:17
new[i] 91:13
CondenseltTM
Newsom [i] , 112:5
next [4] 61:11 72:14 93:4 93:5
NO. p] 1:6 4:6
nobodyp] 104:18 156:13 156:15 170:13
170:18
nodsp] 155:9
nomenclature [i] 47:15
nonaqueous [i] 69:16 nondetect [i] 165:3
none[4] 44:12 45:4 114:1 166:19
north [S] 2:13 2:16 2:17 46:5 46:15
NORTHERN pi 1:1 4:1
Notary [l]
4:20
nothing [6] 6:23 30:20 30:21 80:25 111:3 172:10
notice [<]
4:13
81:15 82:4 82:14
82:15 85:11
November pi 40:3 40:10 40:12 132:24
133:13 133:19 133:20
noW[44] 12:2 19:11 21:11 22:25 30:25 31:5 35:19 42:15 45:7 48:21 53:12
77:10 77:24 78:3 78:7 78:9 78:24 81:13 83:23 84:21 91:6 92:14 94:10
94:22 96:15 97:20
111:8 115:18 119:12 119:12 120:10 120:18 120:22 120:24 122:20 130:11 138:16 139:11 143:11 149:1 158:20 161:12 164:24 165:21
number [4] 24:2 68:14 105:11 162:22
numbers [l] 45:15
O'Brien pi 167:5 167:7 168:13
Object [431 13:6 20:4 20:12 20:21
20:25 25:13 26:23 29:14 33:5 33:13 36:23 37:6 38:23 48:11 49:13 50:2 53:9 64:4 64:16 65:24 74:17 75:1 96:1 105:4 109:24 110:24 123:16 123:23 125:21 127:6 127:10
128:1 129:1 129:16 129:21 130:3 132:17 133:15 138:19 151:13 157:19 161:1 163:11
objected [i] 117:13
objecting [l] 129:3
objection pi 26:4
64:7 64:8 112:3 124:10 163:15
objections [l] 124:12
obviously PI 110:3 158:2
occasions m 25:5
occurred pi 16:22 26:1
odd[i] 91:7
odds [i] 29:22
off p3] 44:16 45:2
49:8 53:3 53:7 53:15 71:12 77:20 80:4 90:22 91:5 91:19 92:1 94:25
95:1 95:11 100:12 109:20 109:20 109:21 110:25 115:6 115:7 128:14 128:17 139:14 140:1 140:10 143:16 147:10 153:15 157:17 157:24
off-gassing [l] 170:25
off-migration [6]
25:25 36:6 44:1 45:2 109:19 110:21
Offerp] 119:12 123:21
offered [i] 86:25
Offering [i] 59:11
office [4]
10:25
23:24 28:17 152:7
offices pi 23:23
10:24
often pi 18:4 31:18
okayed [i] 63:11
old [*] 27:21 47:14 56:2 73:23 78:17
145:25
30:5 56:4 103:12
oncep] 6:11 18:16 28:22 101:6 105:1
162:11
one [<] 3:14 5:7 6:3 7:20 7:21
8:17 13:2 16:19 17:19 17:25 19:15 20:1 22:1 23:14 28:5 31:25 38:4
42:5 53:2 53:5
53:6 69:7 72:2 72:6 79:24 88:4
89:19 93:11 96:9 100:8 101:18 105:19
112:15 115:23 116:22 120:2 121:12 124:10 129:9 135:2 135:3
135:3 138:9 142:10 144:8 144:9 144:16 144:25 146:17 146:22 148:9 148:14 152:16 152:17 152:19 152:20
154:1 154:8 156:25
157:2 157:6 157:8 158:17 159:7 160:22 164:2 165:23 171:11
ones [5j 8:12 68:22 147:25 148:5 167:10
ongoing (ij 80:24
openp] 102:13
opened [i] 152:8
JUNE 15,1999
operate pi 162:12 .
opportunity [4] 93:13 93:15 108:24 130:14
opposed pi 73:10 137:16
oral m 4:14
orderp]43:l6 43:18
107:12 107:14 108:4 108:6 108:15 128:23 150:24
organic [4i 6:25 37:19 37:23 38:15
organics pi 9:17
organization pj 20:13 20:14 137:14
originally [$] 11:4
19:8 19:9 133:10 163:23
Ott[4] 111:14 112:1 115:8 120:13
ought [l]
170:15
Outfit pi
138:11
outside [i] 126:20
127:3 127:18 127:20 127:24 128:4 128:6 159:7
over-site [i] 67:18
oversaw [i] 67:22
oversee pj 9:25 10:13 62:21
overseeing [i] 10:13
ownpj 126:9 152:8 158:10 158:15 163:21
owned pi
36:11
157:13 163:16
owners [i] 99:6
P,C[i] 2:4
package [5] 78:3 78:5 78:11 80:3 80:14
page pi 3:2 172:21
79:24
pages pi
79:24
79:25 80:2
paid pi 8:20 111:18
Papageorgep] 55:22 55:22
paperp]
19:16
pardon [i]
162:9
partps] 8:14 8:19 36:21 36:25 37:3
37:7 39:15 46:13 67:17 71:25 79:15
87:5 97:7 105:5 119:2 122:13 122:18 139:21 140:24 144:5 146:21 151:23 155:15
160:22 168:2
participate [i] 163:24
particular [ii] 59:20 93:1 108:12 109:9
125:8 127:9 136:13
138:16 138:17 141:17 150:4
particularly pj 98:8 125:19
ndex Page 8
SCLAFANI1 WILLIAMS COURT REPORTERS, INC.
HARTOLDMON0044500
JUNE 15,1999
particulate [4] 169:20 169:22 171:1 171:4
particulates pj 72:12 170:21
partner pi
152:11
parts [lo]
30:17
30:19 44:14 95:1
95:2 103:21 103:23
159:3 159:6 165:3
party [i] 170:19
pafhpj 140:12
paved pj
30:24
31:5 101:3
pay I*] 80:14 112:12 114:24 115:25 117:25
paying w
8:17
86:24 86:24 114:22
PCB [20]
21:11
42:4 53:7 53:14
54:10 54:13 54:23 55:18 57:9 65:1 65:4 65:18 65:19
74:8 75:13 91:19 103:18 158:25 169:6
170:16
PCBS [72]
13:15 13:19 14:6 14:10
14:17 15:2 23:5 23:7
23:15 25:1 25:25 30:7 36:8 37:20 37:24 38:5
38:24 42:17 42:22 42:24 43:7 44:1 44:7 44:18 45:5 46:9
54:2 55:4
7:2
14:1 14:11
22:2
23:11 25:6 36:6 37:21 38:19
42:20
43:1 44:3 45:2 53:16 55:12
55:24 56:18 58:18
58:20 68:20 73:25 74:2 74:25 75:2 91:24 94:19 96:3 96:5 98:9 109:20
110:22 127:23 129:25
156:15 158:13 160:6
161:13 161:16 161:17 164:21 164:23 166:4
169:14 169:18
pen m 153:14 160:10
pending pi 125:9
83:22
pension p] 78:19
78:18
people [52]
14:23
16:24 18:14 19:17
19:19 20:19 25:2
26:1 28:5 28:9
28:16 28:17 33:17
35:23 38:20 41:24
45:15 45:18 45:18
50:19 52:25 57:22
57:23 60:2 67:20
67:21 77:22 92:21
100:12 104:8 104:23
122:9 123:11 134:24
135:5 136:6 137:20
137:21 137:23 138:5
139:1 140:16 143:25
144:23 149:25 150:1 150:2 171:24 171:25
172:1 172:3 172:4
perpo] 30:17 44:14 46:13 103:23 159:3 160:22 165:3
30:19 103:21
159:6
percent [i] 9:2
percentage [i] 44:15
perfect [i]
92:25
perhaps m 37:4 123:3 148:14 155:8 170:1
20:22
135:3 158:21
perimeter [i] 43:24
period pi
39:22
90:5 98:2
permanent p] 150:10 150:14 150:16 150:22
151:10
permanently [i] 149:23
permission p] 37:13
105:1 106:21 108:11 108:18 127:11 127:15
128:16 128:18
permit p]
130:6
130:10 131:1 131:6
131:9 131:17 138:20
permitted [i] 138:17
Perry p]
29:2
29:3 29:4
person [<]
19:12
38:3 88:22 147:7
personal [i] 126:9
personality pi 84:5
personally [i] 126:7
personnel p] 81:10 81:11
Peter p] 34:23 34:25
Peters [i]
71:22
petrochemical [i] 9:19
petroleum [i] 7:24
phase [i]
21:25
phased [i]
69:16
phone [B]
82:23
82:25 85:15 106:10
116:25 125:16 142:14
142:15
phonetic p] 73:17 112:5
pick (5] 33:16 34:1 50:8 128:4 128:6
picked [7]
49:21
123:6 146:11 146:13
154:8 154:9 156:9
picking [i] 35:16
picture [z] 82:6
81:23
piece p] 9:3 48:25
10:10
Pierle p]
61:1 62:6 63:9 63:10 63:21
60:25
63:8 63:12
CondcnscltTM
Pierle' 8[1] 61:3 pin [i] 145:24
Pipeline [i] 91:3
place [25]
14:3
35:12 74:16 91:21
96:10 108:7 131:1
133:6 148:8
50:16 74:9
82:22 85:13
95:17 95:19 107:21 107:24
109:7 111:8 131:9 133:3
144:15 148:7 148:14 160:6
placentas [i] 70:10
places [i]
165:3
plaintiffs [8]
2:2 3:3 4:16 5:18 6:6
1:5
4:5 6:4
Plaintiffs' [4] 3:14 152:17 152:19 154:1
plan [is] 39:15 62:16 95:17 95:19 133:5 133:12 139:24 142:12 142:20 149:2 149:3 149:4 149:5 154:22 156:1 166:20 166:25
167:10
planned p] 67:15 96:23 105:7
planning pi 67:16 155:14 155:21
plans pj
27:14
27:14 134:1 138:2
170:3
plant [133]
11:1
11:3 11:5 11:9
11:13 11:22 14:23
21:16 21:21 22:7
22:15 22:16 22:25
23:21 21:21 24:6
25:2 25:7 25:8
25:11 25:14 26:1
27:3 27:5 27:19
28:2 29:18 30:23
34:5 35:20 35:24
36:3 36:6 36:10
36:15 37:4 37:10
38:21 45:15 45:17
45:18 45:19 48:13
49:12 49:14 50:12
50:14 50:19 51:10
51:16 51:23 53:14
53:15 53:15 53:16
53:23 56:17 57:1
57:3 57:4 57:7
57:10 57:16 57:22
57:23 58:8 59:7
60:8 68:5 71:23
71:25 72:18 72:20
73:14 74:6 75:4
76:19 87:20 87:21
88:3 88:10 88:18
88:19 88:23 89:6
90:22 90:23 90:25
91:2 91:5 92:15
93:4 93:7 93:10
94:4 94:7 94:12
94:23 95:13 97:4
97:7 101:1 110:25
123:15 125:20 126:5
126:8 128:4 128:7
128:9 130:20 131:9 134:7 137:6 137:22 148:14 154:5
128:10 130:23 132:4 136:23 137:6 137:24
153:10 156:23
128:10 131:2 134:6 137:3 137:19
138:17 154:4 156:25
plant's PI 130:9
73:18
plants pc]
52:6 52:18 54:20 56:18 74:23 75:6 75:7 75:9 75:12 137:7
51:13 52:21 74:18 75:7 75:10 144:10
plastic [l]
159:20
plasticizers [i] 14:16
plastics [i] 9:18
platp] 101:2
play pi 8:14 151:23
pledge [4]
50:22
51:1 51:5 51:17
plural [i]
75:7
pocket PI
point p3]
19:18 22:1 34:1 45:2 51:8 53:23 76:21 104:3 110:4 112:9 117:15 118:7 131:25 142:2 170:13
114:22
16:19 33:22 50:23 54:24 108:25 115:24 119:14 157:8
pointing pi 165:14
165:11
policy i]
50:16
polite p)
105:23
polyethylene p] 159:19
pondps]
9:12
9:16 39:6 39:9
41:2 63:4 66:20
67:16 67:19 102:24
103:7 162:15 162:17
162:20 167:25 168:1
168:3 168:4 168:15
168:16 168:17 168:23
169:1 169:10 169:11
169:12
ponds p] 10:1
7:14
Poole [4j
106:16
134:13 134:15 151:8
portion [3]
8:19
103:9 152:23
position [is] 12:7 16:13 16:14 17:18
27:9 29:6 59:11 59:18 71:10 71:17 76:5 85:25 88:17 89:2 113:16 116:6 116:13 135:16
Possibly [i] 169:8
pounds PI
105:9
practices pi 49:4
precipitator p] 72:7 72:11
particulate - process
predicate pi 154:16 preliminary [i] 21:24
preparation pi 112:20 ! 117:18 120:3
prepare pi 22:11 42:13 118:5
prepared p] 20:17 20:18 22:21 28:1
28:8
preparing [4] 22:11 22:14 111:23 119:2
presence [4] 33:2 33:9 38:19 141:4
present [7]
34:17
34:22 97:3 114:11
133:14 133:20 157:2
presentation p] 139:2 139:4
presented pi] 97:2 132:3 133:6 133:12 138:2 139:12 139:22 141:12 142:1 142:11 149:2
preserve p] 112:3
president p] 17:22 18:1 18:2 18:7 18:9 18:15
presidents pi 17:25
pretty [S] 44:13 63:25 165:24
prevent p]
previous p] 121:2
previously p] 49:12 49:14 121:1
17:19
44:11 70:16
31:2 55:2
27:2 120:25
Price [i] 152:10
Primp] 12:23
primarily pi 73:3
primary pj 29:24
32:20 32:25 58:9 65:19 147:20
priorities p] 31:17
privilege pi] 85:24 86:22
113:5 113:10 116:8 116:23 119:18
84:13 111:21
115:16 117:18
privileged [4] 86:4 87:10 119:21 120:4
problem ps]
64:15 65:7 74:8 94:12 95:15 95:24
25:1 69:4
94:18 96:6
107:25 108:2 108:3
111:13 163:17
problems [i] 124:/2
procedure [4j 4:18 4:18 49:10 50:4
procedures p] 49:15
proceeding p] 83:3
proceedings m 4:19 4:25
process [17] 23:8
SCLAFANI WILLIAMS COURT REPORTERS, INC.
Index Page 9
HARTOLDMON0044501
Proctor - represent
32:1 48:10 48:14 49:25 51:10 72:1 72:5 72:16 73:3 91:19 101:10 101:11 101:19 101:23 109:22 114:2
Proctor [4] 17:8 18:25 19:3 60:23
Proctor's [i] 60:22
produced [i] 51:24
I
1 CL.
product p] 72:9
51:24
production pj 51:22
52:2 52:6 52:18 52:21 53:3 53:7
53:10 53:16
Professional i]
4:20
program m 33:18 75:2 75:10 101:6 171:15 171:17 172:5
105:2
project p] 10:4 10:8 10:10 10:12 11:18 12:8 13:16 13:24 13:24 16:3 16:5 20:2 20:9 20:11 27:6 27:10 29:15 34:10 34:12 39:16 42:10 44:5 45:10 49:11 49:23 50:5 51:11 56:1 62:25 64:3 64:24 67:16 68:19 69:12 70:9 71:22 71:23 72:25 73:8 75:22 76:6 76:8 76:22 86:3 89:18 89:20 90:6 110:6 116:20 116:20 130:17 132:15 133:18 135:13 136:13 143:12 143:12 144:6
170:14
projects [16]
19:24 39:2 64:25 65:1 65:9 65:14 71:23 71:24 76:10 111:4
13:18 42:4
65:4
65:18 73:19 150:12
prompted [l] 96:7
proper pi 67:20
27:12
property pci 94:4 94:25 95:2 95:2 98:21 98:24 99:6 101:4 101:5 101:5 101:6 109:21 145:15 154:3 158:15 158:18 163:10 163:16 163:21 164:20 164:23 166:15 171:15 171:17 172:5
172:9
proposal [2] 161:25 162:4
iropose [i] 133:7
irotected p] 51:18 119:18
protection [2] 15:11
50:18
idex Page 10
provide pj 23:20 112:19 114:4 115:21 117:2 122:23
provided [4] 24:9 41:15 114:5 152:21
providing [u 113:17
provision [i] 128:22
Provox [ii 73:17
PRP[i] 7:23
PRPs p] 7:21 8:3 8:17 9:3
7:19 8:13
Prudential p] 172:4
public E1
4:21
41:21 101:15 101:15
108:24 108:25 109:1
109:8 109:10
pulltn 112:5
purchase [4] 101:5 171:15 171:17 172:5
purpose pi 111:18 145:4 145:11 145:13 167:14 168:17 169:3
172:11
purposes pi 4:16 84:15 86:18
pursuant p] 4:13 4:17
putp7] 5:9 23:19 27:14 28:5 73:17 86:10 91:12 98:7 102:24 103:7 104:24 105:3 105:7 105:19 106:24 108:12 110:5 112:16 112:22 115:19 128:16 128:18 128:21
129:25 133:6 139:19 140:25 150:13 153:1 154:22 166:25 167:10 168:1 168:3 168:4
170:3 170:3
puts [1] 19:16
putting PI
100:2
105:23 155:25
quality [i]
29:8
quantities [i] 52:2
quantity [i] 139:18
Queenypcj
21:21 22:6 22:25 26:1
27:3 27:5 29:21 30:2 30:13 31:16 32:12 32:13 42:3 52:7 59:25 69:22
71:24
21:16 22:15 26:17
28:1 30:4 32:9
35:20 52:18 71:23
questions pi 43:12 86:7 140:18 141:22
154:16
quit [i] 40:11
quite p] 105:14 118:17
quoting m 119:10
R[zj 1:4 4:3
rail [4] 30:25 36:12 36:15 37:12
railroad [2] 36:13
CondenseltTM
37:12
rained [4]
40:2
40:9 132:22 169:1
raining [i]
40:11
raised [i]
150:5
ran [4] 90:13 169:1 169:2
Randy pi
rather [i]
100:8
34:16 83:23
RCRA [24j 21:23 24:13 24:14 26:8 26:12 26:16 27:1 27:10 27:20 32:9 32:12 32:13 33:18 33:22 37:8 42:2
130:6 130:9 130:25 131:6 131:9 131:16
138:10 138:13
RCRA'sp] 150:13
read [4] 63:25 118:10 125:24 151:4
ready pi 96:24
33:17
realpi 31:17
realize [i]
109:19
realized p] 139:17
104:21
really p]
49:24
68:23 118:17 128:12
130:12
reason [io]
75:6
80:7 89:14 119:16
138:23 140:22 141:14
142:3 148:17 149:4
reasons p] 148:2
124:6
receive p]
13:4
13:5 31:6 78:2
received [l] 78:11 recently pi 34:12
recess [5]
46:1
82:2 106:12 111:10
172:17
recite p]
51:3
recognized [i] 107:24
recollection pi 114:12 141:6
iecommend[i] 102:1
recommendation pj 31:8 31:19 31:24 32:3 32:6 59:10
recommendations p] 31:22 59:9
record [i4]
5:9
83:21 86:8 86:10
112:8 112:16 112:22
115:6 115:7 115:19
117:24 151:5 165:13
165:16
records pj 52:21 53:5 82:3 82:8
recycler [i]
52:18 81:21
69:5
recycling [i] 69:8
red p] 153:14 160:10
referring pi 7:12
i
1
refused [i] 37:12
region p]
29:25
31:18 138:6
Registered [i] 4:20
regulate [i] 33:12
regulated rei 126:20 127:3 128:17 130:1
regulation [i]
45:9 127:25
26:21
regulators [4] 35:10 35:11
24:8 24:22 34:8 47:1 47:11 48:10 74:16 88:14 137:21
31:9 149:14
15:5 24:24 47:8 51:17 89:21
reiterated p] 113:12
113:20 114:13
related p]
71:25
120:2 140:19
relation p] 83:8 133:13 139:11
relations [i] 137:20
relationship p 23:1 76:17 106:6 118:16
137:7
releases [i] 99:4
remediate [4] 60:7 66:13 154:22 160:24
remediation ] 8:18 16:20 19:24 20:2 39:13 62:16 62:23 62:24 67:6 67:8 68:4 102:17 102:20 102:22 135:17 137:12 149:12 150:11
151:24 153:4 154:4
154:18 155:10 155:15 160:3 161:7 161:23 162:3 162:18 166:23 167:1 167:11 167:16
168:2 170:4 171:16
171:16 172:6 172:9
remedy [i] 150:10
remember [in] 8:1
8:21 9:4 9:20 12:13 12:20 15:13 15:15 15:16 17:21
18:3 18:11 24:8 24:10 26:6 29:9 30:10 30:11 34:13 34:19 39:12 41:11
44:10 44:22 44:25 45:1 46:11 47:9 47:13 47:24 48:2 48:4 54:1 54:11
58:8 65:14 66:21 68:2 75:12 77:4 77:7 79:17 80:5
80:12 81:4 88:16
88:19 88:25 89:5 89:8 B9:10 90:15 91:7 91:11 94:14 94:17 95:5 95:8 96:20 96:25 97:5 97:19 99:8 99:9 105:11 106:16 106:18 106:19 107:1 107:6 107:7 108:20 108:22
JUNE IS, 1999
109:1 109:9 109:10 109:15 109:17 122:8 128:3 128:8 128:12 131:22 134:12 134:13 134:16 134:17 135:8 138:4 138:23 142:6 142:13 142:16 143:4 143:6 143:8 143:17 143:18 144:3 145:3 147:16 147:21 148:19 148:20 148:22 148:23
150:6 151:3 154:6
154:13 158:25 162:9 162:22 165:2 165:7
166:5 170:19
remove pj
13:25
142:25 148:1
removed p] 30:23
renamed [i] 17:1
Ireorganization m 78:5
reorganized [i] 18:4
repercussions [i] 146:7
replaced pi 18:20 18:21
replacement [ij 18:25
replacing p] 73:13 73:20
report [<i]
15:19
15:23 16:2 17:6
17:10 17:15 17:20
18:14 18:16 18:25
19:6 20:15 20:17
20:18 20:22 21:3
21:7 21:25 22:12
22:13 22:15 22:20
23:19 23:20 24:11
24:24 25:5 25:12
25:15 25:16 25:24
28:1 28:4 28:6
28:8 28:10 31:5
31:12 31:15 32:9
32:9 32:10 32:11
32:16 35:14 36:5
42:13 45:12 58:19
58:24 59:4 59:14
61:10 62:11 62:12
62:14 66:3 66:6
136:2 136:22 136:23
136:25 137:9 144:11
155:17 155:18 155:18
166:24
reported pi] 17:24 18:2 19:13 25:2 32:25 63:22 136:1 136:3
17:22
18:16 30:3 135:25
reporter p] 125:24
4:20
Reporters [i] 4:22
reporting [4j 16:4 47:6 137:9 171:23
reports PI
19:11
19:15 27:15 31:22
46:20
represent p] 84:25
86:25 111:17 111:17 114:7 114:15 114:21 116:1 116:4 117:4
SCLAFANI WILLIAMS COURT REPORTERS, INC.
HARTOLDMON0044502
JUNE 15,1999 CondenseltTMrepresentatives - soil
119:4 121:6 121:9 121:11 122:24 123:22
representatives pj 12:24
represented [7] 12:20 12:21 84:18 84:21
86:11 122:2 122:10
representing []
6:3 6:6 84:14 86:14 86:15 86:17 87:2 114:21
request p] 39:14
require pq 59:1
51:7
required pi] 25:11 25:15 25:24 26:14 26:22 48:5 56:13 89:22
25:5 25:16 26:21 48:7
requirement p] 37: l 37:7
requirements pi 50:10 89:21 131:5
research [1] 70:9
reshape [i] 103:12
residences [ij 36:2
residents [t] 35:20
resolved [l] 34:2
resources pi 25:22 81:12
respectfully pj 84:17
respond p] 124:17
123:20
response [] 31:7 31:16 55:2 59:3 59:15 116:2
responsibilities pi 80:20 116:19
responsibility p] 32:25 34:1 59:23 62:21 116:21
responsible p] 32:20 136:16
responsive pi 81:23 82:4
restpj 15:3 87:15
result [l]
20:23
results Pl
39:17
155:19 155:20
retention p] 66:20 162:15 162:17 162:20 168:18 168:19 169:10
retired p]
11:25
12:4 18:18 77:24
87:11 122:9
review [3]
28:18
82:8 85:2
reviewed [<]
27:15 28:9 28:24 85:9
27:13 28:23
RFIpl 10:5 26.12
Richard pi 87:25
Richterp] 44:18
44:17
right pi]
28:19
28:23 31:14 50:15
51:6 51:7 58:16 58:23 65:11 67:21 67:21 67:24 71:12 72:6 77:16 80:15 89:17 92:16 99:1 104:2 106:11 120:5 122:19 130:4 130:21
137:18 153:25 159:11 163:17 165:19 169:15
169:25
river [4] 36:16 36:17 36:22 37:5
roadpj 30:25 120:15
Robert [io] 76:15
97:6 104:12 108:18 135:10 138:4 139:1 142:9 142:13 142:16
room [i] 64:18
Rordonpj 34:16
tough [i]
154:7
roughly pj 153:9 154:6
routinely [l] 40:15
TOWS [l] 43:23
RPR[i] 1:24
rules P] 4:17 4:18 124:11
ruling p]
87:7
87:14 116:10
runpj 72:18
runoff pj
167:21
Russ [i] 138:7
Sp] 2:11
safety [i]
39:15
Saint pi]
11:2
12:6 21:16 21:21
23:1 23:3 28:14
28:17 33:3 35:4
71:8 71:22 73:6
105:17 137:5 137:16
144:16 145:12 148:7
148:10 148:23
salary [i]
78:13
sample [6] 22:24
27:23 37:11 37:13 46:4 170:20
sampled [i 22:23 25:9 27:21 30:6 102:15 102:21
samples p2] 24:2 24:3 24:3 27:24
30:4 30:12 38:18
38:25 39:24 40:8 40:13 40:15 41:14 43:24 43:25 45:4 46:9 98:22 99:2 169:19 169:2] 169:22
sampling [4i] 10:2 10:3
24:4 24:7 36:9 36:12 39:3 39:4 41:7 46:3
46:17 46:23 98:5 98:10 98:16 98:18 99:13 152:1 152:13 154:4
10:1 24:1
29:8 36:15 39:10 46:14
67:4 98:14 98:20 152:9 155:8
155:16 155:18 155:19 155:20 160:5 161:8 170:15 170:23 171:3 171:8
Sarasota p] 4:23 20:7 112:13
sat [4] 31:18 97:7 107:19 107:20
Saugetpq 23:16 29:22 42:7 42:9 42:16 45:7 46:4 52:6 52:19 53:14 53:24 54:15 54:19 55:19 57:10 58:14
59:22 59:24 61:13 65:23 66:2 69:22 73:14 74:10 74:20 75:6 75:12 137:16
Sauget'spj 65:25
sawp] 64:17 85:10
scale p] 44:17 44:19
scared p] 92:20
92:18
school [l] 92:17
Schwerkert [i] 6:1
science [i] 29:5
Sclafanip] 4:22
screwed p] 104:17 145:9
seated [i]
82:19
second [t]
4:23
21:25 23:2 72:6
72:25 115:17 148:6
148:17
sediment p] 169:4 169:20
see [li] 28:12 73:16 82:11 104:22 107:2
113:15 113:23 130:11 153:16 156:25 169:23
seeing p] 107:7
77:7
selected p] 77:21 77:23 93:9 146:18 154:13
semi-volatile [i] 37:22
semivolatile [i] 169:18
send [2] 49:11 62:11
senior [1]
89:19
seniority p] 75:22 75:23 75:24
sense [lj
104:22
sent pi] 54:4 54:9 54:10 54:15 54:19 54:23 69:7 103:16 103:20 103:24 131:6 166:24
September [i] 40:2 40:4 133:22 133:25 133:25
sequence [l] 145:17
Services [i] 39:13
session [i] 113:13
set [5] 56:21 82:24
83:25 84:1 169:9
setting pi 125:8
125:1
settled [i]
169:2
settling p] 169:3
67:3
seven pj
66:15
66:18 87:22 163:4
Seven-fifty [i] 105:16
several p]
80:1
severance pi 78:2 79:5 80:10 117:25
sewer [<]
90:13
90:14 90:21 90:22
91:16 92:5
sewers pi
22:23
SFI[i] 10:6
Shapiro pi]
18:11 18:12 18:16 18:19 19:13 19:21 20:8 21:5 63:23 64:1 64:10 64:17
18:10
18:16 19:7 19:23 21:8 64:5
short pj 82:1 111:7 172:15
shortly pj 136:20
90:7
show pj 82:12 113:4 152:19 165:5
showed [5] 81:23 82:5 139:7
81:17 117:8
shows pi 152:23
72:13
shuffle p] 19:2
19:1
shuffled [l] 18:22
shutting [i] 100:12
side pi] 39:5 39:9 41:2 67:9 68:11 73:9 94:4 94:7
94:20 94:23 97:23 98:3 98:11 99:14
100:1 100:6 100:13 100:18 101:1 101:7 102:23 103:6 103:11
128:21 140:10 155:3
155:11 162:2 166:23 167:11 167:16 171:23
signp] 71:9 79:9
sign-off [l] 61:24
signed [4]
79:19
79:20 81:8 125:6
significant pj 142:19 142:21 142:22
similarp]
142:10
simply [i|
31:22
sit [2] 59:17 81:5
site [138] 6:16 6:20 7:3
7:8 7:14 7:22 9:8 9:22 9:23 10:8 13:20 14:7 14:15 14:24 15:19
6:17 7:7
7:17 9:14 9:24 14:2 14:21 15:23
16:5 21:14 23:10 25:11 28:7 31:16 32:4 33:22
35:20
36:3 37:4 43:18 45:8 47:2 47:7 47:23
48:18 49:8 53:17
57:1 57:19 59:8 59:21 61:11 62:15
68:5 69:11 69:20 90:23 97:14 116:19 125:20 126:17 131:2 133:24 148:15
154:9 166:21 172:6
21:12 21:13 23:5 23:7 25:7 25:8 25:14 25:25 30:23 31:2 31:20 31:23 32:20 33:16 34:2 35:18
35:21 35:24
36:7 36:24 40:2 42:11 45:3 45:5 45:10 47:2 47:4 47:6 47:11 47:17 48:16 48:17
48:19 49:3 49:24 50:1 53:23 56:2
57:3 57:16 58:14 59:7 59:14 59:20 59:24 60:8 61:14 62:10 62:19 66:10
68:23 69:2 69:14 69:18 83:9 90:22 91:5 96:12 99:23 110:25 116:21 123:15 126:5 126:8 127:9 127:24 131:10 133:23 138:17 141:18 149:12 151:25
155:22 166:8 167:1 171:16
sites [14]
12:25
23:14 29:18 29:22
29:23 32:24 33:7
47:14 47:14 65:19
68:4 68:18 68:22
76:10
sits [i] 19:16
sitting pj
52:16
143:19
situation [$] 13:14 64:13 110:19 150:10
154:18
situations p] 115:19 125:18
SIUAp]
70:22
six [5] 7:19 36:4 43:20 163:4 163:5
sixteen pi 58:15
43:22
size [4] 43:2 65:20 65:23 69:20
slope [i] 141:1
sludge pj 14:6
13:25
smart pj
130:13
Smith [4]
1:24
2:4 2:15 4:20
So.2d[i]
117:16
socially [i] 64:22
soil [36] 24:3 27:23 27:25 30:4 30:12
SCLAFANI WILLIAMS COURT REPO!RTERS, INC.
Index Page 11
HARTOLDMON0044503
Solatia - three
30:18 30:23 36:9 44:16 45:4 46:3 46:14 70:19 103:14 127:12 127:13 127:13 127:15 127:20 127:23 128:4 128:4 128:6 129:7 129:24 139:14 140:1 142:25 145:16 148:1 166:3 166:7 166:10 166:13 166:18
166:21
Solutiapaj 112:18 113:17 114:4 114:24 115:21 116:17 119:6 119:8 119:9 119:11 122:1 122:23 147:8
Solutia 'SM 117:3 121:6 122:3 122:11
solution pj 150:14 150:16 150:22
solvents pi 9:21 37:16
someone [8] 68:3 68:8 83:18 95:6 119:4 123:4 127:3
138:10
sometime [i4] 26:24
40:21 41:3 41:6 56:8 83:7 96:18 110:14 110:20 132:6 132:20 133:17 133:21 168:6
sometimes [i] 148:18 148:19
somewhere [ii 19:2 23:23 53:17 66:8 79:22 123:6 129:8 129:25 146:2 157:9 165:8
soon [i] 71:4
sorry [i] 17:11 58:21 60:4 64:8 67:11 108:1 154:23 165:10
sort [5] 19:15 137:2 148:2 148:20 153:2
source [61
22:1
22:24 156:17 161:15
161:17 163:9
south pa]
23:2
46:5 46:15 68:11
69:10 103:10 128:9
128:21 130:2 140:10
156:19 157:14 157:24
south-end pj 66:25 167:21
southern pi 70:22 110:22 152:23
SouthTrustp] 4:22
space [i]
140:14
speak [4]
114:12
116:11 118:10 151:12
speaking [3] 63:20 124:12
specialist [l] 27:13
specialization p] 70:17
specialize [l] 70:13
Specific [15] 38:2
ndex Page 12
44:10 52:1
80:25 96:13 109:2
45:11 45:15 53:10 75:4 81:2 94:14 107:4 108:23
140:21
specifically [is] 38:13 50:7 92:14 96:7 96:13 98:12 122:8 122:19 122:25 139:25 140:3 143:4 143:6 143:18 148:22 148:23 150:7 151:2
161:19
specifics p] 54:7 54:11 55:6
speculate m 64:5
speech [i]
44:21
speed [i]
33:21
spell p] ii:8 16:11 22:18
spend [5]
61:6 62:6 161:21
60:8 150:12
spending [i] 163:7
spent pi 64:14 66:2 66:15 68:3
61:13 66:6 162:7
spin-off [i] 119:9
Split [i] 75:20
splitting [i] 77:20
Spot [3] 18:22 98:8 165:6
spots [2] 160:9 165:5
spring []
39:9
96:18 96:19 97:20
97:25 110:11
Staff [i] 23:21
stage [i] 144:1
stages [i]
147:14
Stan p] 17:8 17:13
standard p] 79:18 101:11 101:23
standards [i] 150:14
standing [i] 166:17
Start [2] 65:3 170:9
started p2] 39:25 40:14 41:2 44:4 89:17 90:7 97:24 99:25 100:2 103:25 104:1 111:11 115:13 132:6 132:21 132:22
133:13 133:19 136:20 139:17 167:12 170:14
state p<j 5:12 5:14
5:25 15:7 15:9 15:16 31:9 32:18 32:22 33:3 34:14 35:10 47:10 89:22 106:7 151:5
4:21 5:24
15:7 16:2 32:19 33:23
47:8 106:6
statement [i] 141:3
STATES pi 1:1 4:1
status [i]
138:20
stay p] 5:11 71:15
CondenseltTM
71:16 75:22
Stepp] 20:14 91:14
Stewart [47] 2:3 2:4 3:6 5:2 5:7 5:21 6:2 45:24 46:21 64:7 64:11 65:3 65:11 65:16 82:1 84:16 85:24 86:5 87:4 87:13 87:18 106:10 111:7 111:11 112:21 113:15 114:17 115:2 115:9 115:9 117:21 118:22 119:6 119:9 119:22 120:5 120:14 120:20 124:8 124:15 124:18 152:16 153:7 153:13 165:18 165:20 172:16
stick [l] 124:11
Still [is] 10:19 11:23 16:24 31:15 58:10 73:7 136:7 147:6 147:8 159:11 159:22 159:23 160:18 162:11 166:17
stipulation [i] 5:8
stipulations pj 5:3 5:9
stopped [l] 47:23
storm [4]
168:18
168:19 169:12 169:13
straightened p] 105:22
stream pi
98:23
street pj
2:8
2:13 2:16 4:23
23:2 103:2
streets [is]
100:18
100:24 100:25 101:2
101:7 101:9 101:13
101:19 101:21 102:1
102:4 102:10 102:12
102:17 102:18
strike p] 88:21
53:20
structure pj 137:10
stuck pj
169:16
Stuff[9] 9:19 45:13
80:25 104:23 108:2 140:25 143:16 159:6 163:14
styrene pj
9:18
subcontractor [i] 7:5
subject pj
5:10
5:11 107:4 121:12
169:17
submit pj
117:15
117:21 118:6
submitted pj 31:5 31:15 31:18 32:16
32:17
subpoena p] 114:1 121:24
substance [12] 6:19 9:6 22:20 51:5 84:11 94:17 108:12
116:15 117:11 139:3 149:4 169:19
substances [i] 126:16
substantively [i] 86:21
substations [i] 73:13
such [4] 47:10 52:11 52:13 52:14
Sue p] 80:3 80:7 80:16
suggest [1] 87:4
suggested [ii 170:15
suggesting [i] 123:25
suggestion [i] 121:10
suit p] 6:21 83:18
Suite p] 2:9 2:16
summarized [i] 21:7
summary [i] 71:1
summer p] 42:10 96:18 96:20 98:1 103:3
superfund pz] 6:16 6:17 6:20 7:6 7:8 7:17 10:6 47:1 47:4 47:7
47:11 69:2
superintendent p] 22:17 23:22 34:5 58:1 58:1
superior [i] 123:3
superiors [i] 63:11
supervise p] 14:25 67:13 67:14 98:14
98:16
supervised p] 11:14 72:16 72:25
supervision [ij 11:17
supervisor [4] 16:6 18:24 87:24 93:13
supplemental [i] 10:5
supreme [2] 5:12 117:14
surface pj 167:20
67:4
surroundedp] 101:4
suspect pi 41:18
21:5
SWIFT [4] 1:4 4:3
1:4 4:4
switchgear [i] 75:14
sworn [i]
5:18
system pj
73:24
88:9 90:14 90:21
90:22 91:14 91:16
tagged [i]
146:4
tail pj 145:24 145:25
takes [i] 72:12
taking [ioj
4:13
15:2 35:18 74:16
108:3 113:16 139:14
140:2 145:6 169:19
talks ri] 63:14
tanks [i]
91:12
JUNE 15, 1999
taxp] 162:10
teamp] 144:5
technicians [i] 24:7
techniques [i] 29:8
technology [S] 16:20 16:21 17:9 17:11 17:14
telephone pi 81:25 93:20 115:8 120:13
telling pi] 21:11
46:2 52:16 62:5 68:8 87:8 95:22
113:1 113:13 137:25 143:13
Temporarily m 159:16
temporary p] 98:7 103:7 160:1
tenp] 12:1 78:13 165:3
tennp] 31:14 48:25 60:12 149:12 149:13
149:15
terminology [i] 108:7
terms [5]
10:7
79:5 79:12 80:2
80:10
tested p] 169:13
169:12
testified p] 5:18 86:19
testify p]
9:11
121:17 123:13 165:13
testimony p] 9:6 13:10 96:22 127:22 151:7 157:11 166:14 170:12
testing p]
41:1
41:1 169:9
tests [l] 67:4
Texas pi
7:1 7:9 11:6 54:12 54:15
2:9 8:4 54:14
Thank p]
120:5
120:11 120:12
themselves [i] 33:12
thereafter pi 136:21
therefor p] 119:20
4:19
THEREUPON [ii 4:25
thick [i] 159:19
thinking [i] 164:8
thinks [i]
146:16
third [i] 9:1
thirty [2] 9:2
8:11
thought [5] 24:16 28:22 33:15 132:10 132:13
thousand p] 44:14 66:18
thousands [i] 159:3
three pj 16:23 19:20 43:20 61:9 . 79:25
SCLAFANI WILLIAMS COURT REPORTERS, INC.
HARTOLDMON0044504
JUNE 15,1999
134:24 135:5 136:6 138:5
through [i3] 20:13
20:14 22:22 48:9 57:21 87:15 91:20 101:9 101:23 118:25
133:11 142:11 155:1
throughout pi 41:8 122:7
timely [i]
27:16
times m
6:10
77:14 82:23
timing [2] 145:18
75:11
title pq 32:9 76:7
titled [i]
135:17
today pc]
13:10
52:16 81:5 82:9
82:13 84:25 86:14
86:18 86:24 96:22
123:13 132:12 157:5
157:11 166:14 170:12
toep] 103:11 128:14 139:14 140:5 142:5 143:1 145:15 145:16
147:11
together [13] 10:11 19:16 23:19 27:14 28:6 67:20 110:6 120:16 154:22 156:1 166:25 167:11 170:3
Tamp] 17:16 18:14
too [4] 33:3 38:17 108:14 135:13
took [23] 24:3 30:12 40:8 40:13 40:15 41:7 43:24 45:5 51:18 75:13 81:21 98:22 110:5 110:8
128:14 129:7 133:3
138:21 138:25 148:7 159:5 159:8 169:20
top [7] 104:24 105:3
108:13 141:1 145:20 152:23 169:2
Tones [1]
2:7
TOSCAp] 26:7 103:21 106:4
totally p]
49:11
117:22 137:9
toward pi 134:3
36:16
towards p] 101:20 133:25 134:1
toxic [2] 6:19 95:23
tracks [i]
30:25
transfer p] 14:15
14:13
transformers p]
73:14 73:21 74:1 74:24 75:3
travel [i]
120:15
travelling [i] 107:10
treated pj
91:19
122:15 122:17
treatment p] 87:23 88:3 88:6 88:9
88:15 89:3 89:15 91:20
trial [l] 4:17
1S
77:6 141:23
triggered [ij 96:13
tripp] 20:7 112:12
trips [i] 171:10
true p] 13:12 25:23
119:5 128:13 131:21 151:10
trying [i5]
29:1
31:15 36:24 65:11
77:8 124:13 128:11
130:11 130:13 140:17
141:23 141:24 165:13
167:23 169:23
turned [4]
22:2
22:3 59:14 61:10
twelve [ij
79:3
twenty p] 91:7
18:5
twenty- fivepi 8:11
twenty- one [i] 65:15
Twenty-three pi
43:4
twice p]
21:22
64:18 116:25
tWO P3] 23:14 43:23 71:18 71:23 73:19 79:24 94:6 97:16 132:22 134:22 134:24 135:2 135:4 135:4
136:6 138:5 147:20 148:11 148:18 152:6 152:7 152:9 164:2
typepi 24:1 49:17 51:15 76:9 125:8 143:13 150:10
types [i]
51:20
typically [i] 38:16
Uh-hum pj 11:7 58:4 80:11 156:5
under pa]
14:17 15:6 47:10 51:16 104:24 105:7 107:10 108:5
14:1
47:7 51:17 106:25 135:19
understand [22] 38:14 44:20 49:10 50:21
60.12 86:15 87:13
95:15 109:22 110:1
111:15 113:15 115:18 119:7 124:13 130:12 131:6 141:19 154:7 168:17 168:25 170:22
understood [*j 65:9 124:16 132:14 172:11
unique p] 123:17
123:10
UNITED [2] 1:1 4:1
units [1] 30:6
University [ij 70:23
unless [11
125:2
up [59] 14:17 14:24
18:5 19:16 20:14 22:2 22:3 33:7
CondcnseltTU
33:16 33:21 34:1 35:17 41:25 49:22 50:8 56:21 59:17 60:17 61:20 62:16 62:25 63:4 65:12 67:4 67:10 70:7 71:16 75:20 78:19 78:21 82:24 83:25 84:1 87:11 94:5 95:12 100:2 100:9 100:11 104:17 112:9 115:2 123:6 128:4 128:6 134:7 134:10 139:19 145:9 145:19 148:2 153:18 153:20 155:7 156:12 156:13 156:16 165:7 169:10
upgraded pj 73:24
upset pj
12:16
used [io] 14:11 23:7
47:20 56:16 74:1 114:1
5:13 47:19 56:18
149:13
USeS[l] 47:5
usual p] 5:8
5:2
usually pj 49:1 51:12 76:19
vp] 1:6 4:6
vacate pi 103:2
101:19
vacated p] 100:25
101:7 102:1 102:5 102:10 102:18 102:19
vacating [4] 100:18 100:24 101:8 101:20
Vanderbilt pi 70:1 70:4 70:6
variety [i]
69:6
verbatim p] 51:4 119:10
vice [5] 17:19 17:25 18:1 18:2 18:15
views [i]
violation p] 129:20
151:11 129:15
voice pi
93:11
volatile [4] 9:17 37:19 37:21 169:18
volatiles pj 6:25 37:16 37:17 37:18
volatilize p] 37:24 37:25 38:16
Volume pj 1:13 4:12 172:20 172:21
volumes pi 52:1
voluntarily pi 74:15 voluntary pj 15:7
W[i] 2:3 W-A-LDB-E S-E-R
[l] 16:9
wait[i] 78:25
Waldbeser pj 16:7 16:9 16:13 17:6
walked [i]
158:23
wants [i]
119:12
waste pc]
49:6 50:1
51:15 51:20 53:6 53:11 54:4 54:5
54:13 54:23 69:6 69:8
72:9 73:10 88:2 89:3 91:18
49:4
51:15 53:2 53:14
54:10 55:18 72:5
87:23 91:4
wastewater pij 22:4
22:6 25:7 25:18 88:7 88:15 89:15 89:23 90:16 91:4 91:20
water [22]
24:3
25:9 70:18 70:19
89:7 89:9 89:11
90:3 90:13 91:1
92:5 100:8 100:11
100:12 100:16 135:7
140:10 168:18 168:19
169:1 169:12 169:13
ways pi 53:4
wells p] 43:24
37:10
westpnj
45:5
46:3 95:17 100:1
100:5 100:12 103:5
128:2 128:10 130:2
west-end pi] 39:5 39:8 40:6 40:24
62:20 66:13 67:8 67:9 67:23 94:5 94:9 94:10 95:12 95:16 95:18 95:19 95:24 96:3 96:6 96:16 96:23 96:24 97:1 97:24 103:5 108:8 109:20 110:23 126:13 127:16 127:19 127:21 127:24 128:15
130:7 131:10 131:13 131:16 132:15 132:19 133:8 133:9 138:16 139:5 139:15 140:1 140:11 149:6 149:17 150:9 162:14
western pj 162:13
Westinghouse pj 39:13 40:1
whatsoever [i] 172:10
| wherein ti] 125:7
wherever 12] 137:17 163:20
whichever [2] 120:2 152:24
White [i]
2:12
whole [2] 80:1
73:24
WILLIAM [i] 2:11
Williams p] 4:22 10:18 10:23 10:24 11:25
willingness [ij 79:7
Wilson pi 28:13 28:20 34:6
Wilstonci] 147:16
Wilston'8[i] 147:16
through - Yare
wind p] 14:17
Winkler p] 10:19 10:22 12:3 12:5
wiring p] 73:21
73:14
witch pj
145:8
within [4]
8:11
127:16 128:2 137:13
without p] 74:15
48:9
witness p4] 3:2 5:17 6:18 15:10 23:25 24:19 45:20 57:8 58:6 61:2 64:9 65:13 71:6 74:22 75:17 76:4 76:12 80:18 93:8
112:7 114:19 119:5 120:17 124:5 133:1 147:24 151:14 153:9
155:9 156:7 163:6
165:17 172:12 172:14
woman p]
81:10
92:17 115:12 117:24
119:15 135:3 147:19
women PJ 135:4
135:1
wonderful p] 84:5
Woodard p] 12:23
Woodward pj 10:4
word P] 94:16 94:16
words [i]
140:21
worked pej
13:16 13:18 21:4 21:12 29:21 30:2 49:22 50:24 59:13 64:25 70:1 70:9 71:16 71:18 73:12 73:19 88:4 97:23 118:1 123:4 137:6 137:8 147:12 154:3
12:25
13:20 27:4 45:19 56:1
65:14 70:11 71:22 87:22
107:20
136:19 144:9
works p] 101:16
101:15
worry pj
141:21
wound HI Wright PI
34:25
95:12 34:23
write [I] 153:22
writing [4]
106:24
107:2 107:8 108:21
wrong pj
111:20
126:24 127:4 132:11
154:15
X[i] 3:1
Y-A-R-Epi 16:12
yardpj 36:13 36:15 37:12
Yare pi]
16:7
16:10 16:14 17:6
28:24 29:4 93:12
93:19 94:11 95:3
98:17 136:1 136:25
143:24 144:9 144:20
144:21 145:23 146:23
SCLAFANI WILLIAMS COURT REPORTERS, INC.
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HARTOLDMON0044505
150:21 168:10
year T9] 12:13 39:7 70:9
72:17 72:25 109:25
15:17 70:11
77:17
years [i4] 16:22 18:5 45:14 52:22
70:1 71:19 79:3 79:3
123:12
12:1
38:13 65:15 73:23 91:8
yesterday [i5] 81:17 81:19 82:24 83:23 85:4 85:10 85:14 113:3 113:12 113:21 114:14 117:1 121:8
125:15 130:15
yet[i] 31:6
young [i]
92:16
younger [i] 91:9
yourself[3] 5:22 24:5 143:22
zoning [3]
100:17
100:22 100:23
Condcnselt TM
JUNE 15,1999
ndex Page 14
SCLAFANI WILLIAMS COURT REPORTERS, INC. HARTOLDMON0044506
TRAVELING TRANSCWPT
173
1 IN THE UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF ALABAMA 2 EASTERN DIVISION
3
4 JOHN R. SWIFT and BARBARA SWIFT,
5 Plaintiffs,
6
v. CIVIL ACTION NO.: CV-97-AR2430 -E 7
8 MONSANTO CO., INC., et al . ,
9 Defendants.
10
11
12 DEPOSITION OF JO HANSON
13
VOLUME II
3 _
14
15
16
17
18
19
20
21
22
23
Reported by:
24 Mary Ann Smith, RPR
25 June 15, 1999
Cy A
Lakeland Sebring
Sclafani Williams Court Reporters, Inc.
Registered Professional Reporters Serving Central Florida
Tampa Bartow
Sarasota St. Petersburg
Winter Haven Bradenton
HARTOLDMON0044507
JT.JNE 15,1999CondenseltTM
. W THE UNTIED STATES DISTRICT COURT 1 NORTHERN DISTRICT OF ALABAMA
2 EASTERN DIVISION
3 JOHN R. SWIFT and
4 BARBARA SWIFT,
5 Plaiotiffi,
6 v.
CIVIL ACTION NOj CV-97-AA-24JOE
7
8 MONSANTO ca. INC. st al,,
9 Defendant!.
10
11
12 DEPOSITION OF JO HAHMN
13 VOLUME [|
14
15
16
17
18
19
20
21
22
23
24 Mary Am Smith, RPR
25 Arne 15,1999
JO HANSON - VOL.
Page 173 1
INDEX
Page 17;
2 WITNESS 3 Called by the Plaintiffs: 4 JO HANSON
PAGE
5
6 SIGNATURE PAGE...........................
243
7 CERTIFICATE OF REPORTER OATH............. .. 244
8 REPORTER'S DEPOSITION CERTIFICATE.... ..... 245
9
10
11
12
13
14 EXHIBITS
15 (Attached)
16
17 Plaintiffs' Exhibit No. Two...................
177
18
19
20
21
22
23
24
25
l APPEARANCES
Counsel for Plaintiffs:
MR. DONALD W. STEWART 4 Stewart & Smith, P.C
Attorneys at Law s 1131 Leighton Avenue
Anniston, Alabama 36201
MS. ELLEN B. MALOW
7 Saaowitz, Benson, Torres
ft Friedman, L.L.P. 8 Attorneys at Law
700 Louisiana Street 9 Suite 2200
Houston, Texas 77002 10
Counael for Defendant!:
n
MR. WILLIAMS, COX,m
n Lightfoot, Franklin ft White, L.L.C,
Attorneys at Law 13 The Clark Building
400 North 20th Street 14 Birmingham, Alabama 35203
IS MIL MICHAEL E. KELLY Smith, Helm!, Mulliia & Moore, L.L.P.
16 300 Math Greene Street Suite 1400
17 OiewborB, North Carolina 27401
18
19
20
21
22
23
24
25
Page 174
IN THE UNITED STATES DISTRICT COURT
1 NORTHERN DISTRICT OF ALABAMA
2 EASTERN DtVniON
3 JOHN R, SWIFT and
4 BARBARA SWIFT,
5 Plaintiffs,
6 V.
CIVIL ACTION NO.: CV-9T-AR-M30-E
7 MONSANTO CO., INC, et aL,
8 Defendants.
9
10
11 DEFOamON OP JO HANSON
12
13
volumeu pursuantto notice for the taking of the
14 deposition of jo hamon, upon oral examination in
15 the above-styled came, at the instance of the
16 Plaintiff!, for the purposes of discovety or use at
17 trial or both, pursuant to Federal Rules of Civil
18 Procedure and Alabama Rules of Civil Procedure,
19 proceedings therefor were held before Mary Ann 20 Smith, Registered Professional Reporter and Notary
21 Public in and for the Stare of Florida at large, at
22 Sclafani Williams Court Reporters, Ik., SouthTrust 23 Bank Building, 1800 Second Street, Sarasota, 241 Florida, on June 15,1999, commencing at 9:56 wn. 25 nwaEUPON, the following proceedings were
Page 176
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HARTOLDMON0044508
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Page 177
Page 17^
1 A. Okay.
Y MR. STEWART: Mark that as Two.
2 Q. What indirect part did you have to play in
/ (Plaintiffs' Exhibit No. Two was marked
3 putting this program together, Mrs. Hanson?
.or identification.)
4 A. I didn't have much role at all in putting
BY MR. STEWART:
5 this program together.
6 Q. Let me show you Defendants' Exhibit Two
6 Q. I asked what part, if any?
7 and ask you to take a look -- 1 mean Plaintiffs'
7 A. I sat in on some of the meetings. I had
8 Exhibit Two, and ask you to take a look at that, if
3 very little input. That's not my bailiwick.
9 you would.
9 Q. Who was at those meetings that you sat in,
10 A. Okay.
10 Mr. Foresman and Mr. Pierle?
11 Q. Look at page five of that exhibit. Tell
11 A. Mr. Pierle, the Prudential people.
12 me, Mrs. Hanson, if that does not, the area
12 Q. Prudential? Who was it from Prudential
13 depicted on that map, page Eve of Exhibit Two to
13 that you all had involved?
14 your deposition, does that not follow fairly
14 A. Mamie.
15 closely to what you had drawn out as area A and
15 Q. Who?
16 expanded area A on Plaintiffs' Exhibit One?
16 A. Mamie. What was Mamie's last name. I
17 A. Yes.
17 don't remember. And John -
18 Q. This ties in with what you previously told
18 Q. Mamie and John?
19 us that Monsanto was attempting to do with the
19 A. They were out of their Atlanta office. I
20 properly purchase program, which was to acquire the 20 can't remember their last names.
21 properly for remediation purposes in this area A
21 Q. They were in the real estate division of
22 and expanded area A?
22 Prudential?
23 A. Right
23 A. No, the relocation division or whatever
24 Q. Now, who did you get Mrs. Hanson, to
24 they call them.
25 approve this plan? Did you all have to go to any
25 Q. Relocation. And what is it exactly that
Page 178
Page 180
1 regulatory agency to get them to approve it?
1 the relocation division of Prudential does for
2 A. I don't remember. I don't think so.
2 large-sire companies like Monsanto?
3 Q. So you didn't have to get this approved by
3 MR. COX: object to the form.
4 ADEM or by the Alabama Department Of Public Health, 4 A. I don't know what all they do.
5 did you?
5 Q. Moderate-size companies like Monsanto.
6 A. As far as I remember, we didn't.
6 MR. COX: Same objection.
7 Q. And this was something that Monsanto came
7 Q. What do they do? You don't know?
8 up with, am I to understand, internally, that you
8 A. I think they do when the company moves --
9 all made the determination that you all wanted to
9 like I think Sherry Wartel, who worked on this
10 do it internally?
10 site, went to one where she moved Eve hundred
11 A. Yes.
11 people for a company that moved from Fort
12 Q. And who was involved in malting that
12 Lauderdale to Dallas.
13 decision, if you recall?
13 Q. So they relocate people who are employees
14 A. Mr. Foresman. Mr. Pierle was in on that
14 of companies and they were assisting you all in
15 one. It's P-I-E-R-L-E.
15 putting this together? Was this a specialized
16 Q. That's what I have.
16 group that came in to help you all do this?
17 A. She doesn't know. It's kind of an odd
17 A. I don't know what else Mamie and John do
18 spelling. I think they were probably the main
18 besides this. They do out other buyout programs
19 two.
19 like this.
20 Q. And did you have a part in shaping this
20 Q. For companies who are remediating areas.
21 plan?
21 they do that too?
22 A. Not directly.
22 A. For whatever reason companies want to buy
23 Q. Take a look at page six. Just read over
23 properties.
24 that. I'm going to ask you some questions about
24 Q. How many meetings did you all have before
25 it.
25 you went and talked to the people who lived in this
Page 177 - Page 180
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Condenselt
JO HANSON- VOL. II
. 1 area?
Page 181
Page 183
1 to the meeting and introduced them and they made
2 A. I don't know.
2 the presentation.
3 Q. Internally I'm talking about.
3 Q. Where was the meeting?
4 A. I don't know.
4 A. I don't remember.
5 Q. How long did it take you to come up with a
5 Q. Was it at Monsanto headquarters or the
6 program?
6 meeting center in Anniston or one of the churches?
7 A. Several months, I guess. I don't remember
7 A. I really don't remember.
8 for sure.
8 Q. Did you attend the meeting?
9 Q. When did you finally put the finishing
9 A. No.
10 touches on it and put it together?
10 Q. How did the people know to come to this
11 A. What is the date on this?
11 meeting, were they sent a letter or a proposal?
12 Q. I've looked. That's why I'm asking.
12 A. I really don't remember.
13 A. I think sometime in the fall we rolled it
13 Q. Take a lock again at page six, and it's
14 out. Seems like October sticks in my mind.
14 indicated as of October 2, 1995 if you own property
15 Q. Of?
15 either a vacant lot or residential property you're
16 A. '95.
16 eligible -- who decided on that date?
17 Q. '95?
17 A. I don't know.
18 A. Or '96. 1 don't remember. They had
18 Q. Did you all in your meeting decide?
19 until --
19 A. I don't remember.
20 Q. If you look at page five --
20 Q. And there is a date where they sign up for
21 A. It says they had until February 2nd '96,
21 the program up to February 2nd of 1996. Who picked
22 so it must have been October of '95.
22 that date?
23 Q. October of '95?
23 A. I don't remember.
24 A. In fact, I just saw October 21st here on
24 Q. Could that have been Mr. Foiesman and
25 this. Well, here is October 6th '95 was a
25 Mr. Pierle, die ones who picked that?
Page 182
Page 184
1 meeting. October 6th is when they had the
1 A. I don't know. It could have been. They
2 meeting. After October 21st the representative'-
2 were in the meetings, but I think basically they
3 so it was October of '95.
3 deferred to the Prudential people because they had
4 Q. So October of '95. How long had you all
4 experience in doing these kind of things and the
5 worked on the program, Mrs. Hanson, before you put 5 timing was based on their experience.
6 it together? Did it take a couple monlhs to put it
6 Q. Now, was the February 2nd date or February
7 together?
7 2nd of '96 date, Mrs. Hanson, important for the
8 A. I think so.
8 time you all were going to be in remediation of the
9 Q. And you all had a couple meetings. And
9 eastern area? Were you all planning on starting
10 what did Mr. Foiesman say the purpose of this thing 10 that at some point in time? And I think you
11 was, what you had said earlier, to make sure you
11 indicated that you all started it in perhaps
12 all got the property that you needed?
12 September and November of '96. It was raining and
13 A. The property needed to do the remediation.
13 everything.
14 Q. And that was the only reason you heard him
14 A. No, that was '95 when we did the landfill.
15 make this statement?
15 Q. Maybe I misunderstood. When did you all
16 A. Yes.
16 start the remediation here?
17 Q. Now, how was it decided that you all would
17 A. The pond on the east side I think we
18 approach the people in the area and ask them to
18 started late summer of '96.
19 sell their property to Monsanto? What was the
19 Q. Late summer of '96?
20 contact going to be initially to get them to sell
20 A. (Witness nodding head.)
21 their property to Monsanto?
21 Q. Would it be fair to say that you all were
22 A. I believe there was a meeting.
22 shooting for acquiring the property before you
23 Q. Who had that meeting?
23 began all your remediation work, would that be
24 A. I believe the Prudential representatives
24 correct?
25 made the presentation. I think Jack Mayausky went 25 A. That's fair to say, yeah.
SCLAFANI WILLIAMS COURT REPORTERS, INC.
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HARTOLDMON0044510
JO HANSON - VOL. IICondenseltTMJUNE 15,1999
Page 185 1 Q. Could that have something to do with these 2 dates, these sign-up dates? 3 A. It could have. 4 Q. There is a date in the next sentence, two
Page-187' 1 with Dr. Hughes? 2 A I have no firsthand knowledge of that. 3 Q. Well, your secondhand knowledge will do in 4 this discovery proceeding, Mrs. Hanson. What is
5 sentences down in the second paragraph on page six 6 of Plaintiffs' Exhibit Two. It says, if you sign 7 up for an appraisal by December 1st and you decide
5 your secondhand knowledge of what he, of the 6 meetings that he attended with people from 7 Monsanto?
3 to accept an offer, you will also be eligible to
8 A. I believe it was Dr. Mayausky attended
9 receive an early appraisal sign-up bonus. Whose
9 some meetings with him.
10 decision was it to put that in there?
10 Q. When was that?
il A. I don't remember specifically. Again, I
11 A. Sometime in '95 or '96.
12 think a lot of this came out of Prudential because
12 Q. Where did those meetings take place?
13 they have done these programs before, and based on 13 A. 1 don't know.
14 their experience they kind of knew how long it took 14 Q. Were some of them in Montgomery?
15 people to get around to signing up and what it took
15 A. Might have been.
16 to get them moving.
16 Q. Were some of them in Anniston?
17 Q. So that was put in there to provide an
17 A. I don't know.
18 impetus to people to sell to Monsanto as quickly as
18 Q. What was the purpose, if you understand.
19 possible, is that correct, Mrs. Hanson?
19 and it really doesn't matter if it's third-hand,
20 A. So we would know, yeah, what property we
20 what was the purpose of Mr. Mayausky meeting,
21 were going to be able to get
21 Mrs. Hanson, with Dr. Hughes?
22 Q. Now, there is a note on page six, you must
22 MR, COX: Object to the form.
23 sell all property you own in the program area to be
23 A. I don't know the purpose of the meetings.
24 eligible for the program benefits. Is that, again.
24 Q. What did you understand was discussed?
25 a part and parcel of what Prudential recommended
25 A Obviously, PCBs in the Anniston area.
Page 186
Page 188
1 that you put in there?
1 Q. So there were discussions between
2 A. I don't remember how that specific clause
2 Mr. Mayausky and Dr. Hughes about PCBs that you all
3 got in there.
3 were Ending on your property and the property that
4 Q. How is it that you all got the health
4 was adjacent to your property in the Anniston area.
5 department in this situation?
5 is that one of the subjects you understood they
6 A. I'm seny?
6 discussed?
7 Q. How is it that you all got die Alabama
7 A. Yes.
3 Health Department involved in this situation.
8 Q. Who else from Monsanto met with
9 Mrs. Hanson?
9 Dr. Hughes?
10 a. I don't know how or who got them involved.
10 A I don't know.
11 Q. Do you know Dr. Brian Hughes?
11 Q. Do you know a Dr. Kaley?
12 A. 1 know he was the toxicologist for the
12 A Yes.
13 state. I don't remember that I ever met him.
13 Q. What do you understand his position is
14 Q. How do you know that he was a toxicologist
14 with Monsanto?
15 for the state?
15 A Bob does a lot of PCB type work with all
16 A. There was plenty of talk --1 mean, there
16 the plants.
17 was meetings and we talked about ADPH. He was in 17 Q. Do you know whether or not he met with
13 the newspaper. I do read the Anniston Star when 1
18 Dr. Hughes?
19 was in town. That's fairly common knowledge who he 19 A I think he did.
20 was.
20 Q. And do you know Dr. Renee Kimbrough?
21 Q. There were meetings between Monsanto and
21 A. I've heard that name.
22 Mr. Hughes and the state health department
22 Q. Did she not also meet with Dr. Hughes with
23 officials?
23 Dr. Kaley?
24 A. Not that I attended.
24 A. I don't know.
25 Q. Well, did other people attend meetings
25 Q. When do you understand Dr. Kaley met with
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1 Dr. Hughes?
Page 189 1
A. Sometime during early *95 I believe
Page 191
2 A. I don't remember. I was not involved. It 3 was just a peripheral knowledge that there was
2 Dr. Mayausky met with some of the residents. 3 Q. And do you know where that meeting took
4 meetings going on.
4 place?
3 Q. Would it have been in '95 or *96?
5 A. I believe he met with some of them in
6 A. One of those.
6 their homes. I don't know for sure.
7 Q. Certainly before the program that you're
7 Q. Were you involved in putting together the
8 talking about here, the property purchase program
8 things that he would say to those people when he
9 was put in place, was it not?
9 went --
10 A. I don't know that.
10 A. No.
11 Q. You don't know. Mr. Mayausky met with him 11 Q. -- from home to home?
12 before the program was put in place, didn't he?
12 A. No.
13 a. I don't know.
13 Q. Do you know what he had decided to tell
14 Q. Did Prudential have a 1-800 number that
14 those people when he went from home to home?
15 people could call if they were interested in
15 A. No.
16 getting involved in this program?
16 Q. What knowledge did you all have about the
17 A. If you look at page three of your exhibit,
17 extent of the contamination in area A and expanded
18 it says you may call tins 1-800 number.
18 area A at that time, had you done all your testing?
19 Q. Who did you all give that to, that 1-800
19 A. I don't know when Dr. Mayausky started
20 number, besides these participants? I assume this
20 meeting with those people.
21 letter and these packages were sent to
21 Q. Had you done all your testing though at
22 participants. Who did you all give that number to
22 that point in time?
23 besides these people who owned property?
23 A. We didn't start the expanded area A until
24 And maybe I'm wrong. You look puzzled and 24 summer of '95. 1 don't know that he had not
25 so I want to be sure about it. Did you all give
23 already met with some of them. I don't know when
Page 190
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1 these packages to people outside of area A and
1 he started meeting with them.
2 expanded area A, or what's covered in the map on
2 Q. Would it be fair to say that when he
3 page five?
3 actually went door to door it was after you got
4 a. I don't think so.
4 this program put together and talked to them about
5 Q. And tell me who else, if you know, you all
5 purchasing their property, did he do that?
6 gave this 1-800 number to?
6 A. I'm not aware that he went door to door to
7 A. I have no idea.
7 talk about the purchase program.
8 Q. Other than Dr. Kaley, and I think it may
8 Q. Well, how did this get to those people?
9 even be Dr. Mayausky, do you know of anybody else 9 Did you mail it to them?
10 from Monsanto who had the pleasure of making the
10 A. I don't remember.
11 acquaintance of Dr. Brian Hughes? And he may not 11 Q. Just in your best judgement Were they
12 be a doctor. I may be misspeaking. Do you know of 12 called to meetings, say at Morris Hill Baptist
13 anybody else who had the pleasure of making his
13 Church that's located in this area or at Bethel?
14 acquaintance?
14 How exactly did this information get to them after
15 A. I believe Dr. Hughes and Dr. Mayausky both
15 you all put it together in October of '95?
16 have Ph.D.s I don't know who else met with
16 A. I don't remember. I was not involved in
17 Dr. Hughes.
17 that. I know they had meetings.
18 Q. Gosh, 1 didn't want to slight Dr. Hughes.
18 Q. Other than Dr. Mayausky, was anybody else
19 Do you know of anybody else? Did Alan Faust ever 19 from Monsanto involved in presenting this to the
20 meet with him?
20 people in that area?
21 A. I don't know.
21 A. I don't think anybody other than
22 Q. Tell me, if you would, when was the first
22 Dr. Mayausky went to the meeting that I'm.aware of.
23 time you know of that Monsanto's people met with
23 Q. So the meeting you're referring to is a
24 residents who lived in area A or expanded area A
24 meeting that would have taken place after you all
25 about the property purchase program?
25 put this package together with residents who lived
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1 in expanded area A, and by package I'm talking 2 about what is reflected in Plaintiffs' Exhibit
1 Q. And who did you talk to at Bethel? 2 A. Bethel is that one. Reverend Fields and
3 Two?
3 their committee. I don't know what they called
4 A. I know there was at least one and maybe
4 it. The building committee.
5 two different meetings that were held with the
5 Q. Reverend Fields and the building
6 Prudential people to roll out this package.
6 committee?
7 Q. What I'm talking about is meetings that
7 A (Witness nodding head.)
8 Mr. Mayausky, or Dr. Mayausky, had with people who 8 Q. What is it you offered Bethel?
9 were in the area, area A and expanded area A, it
9 A I don't remember exactly. Basically, that
10 was property you all wanted to purchase.
10 we would build them a new church somewhere or buy
11 MR. COX: I think he is talking about the
11 their property. I don't remember the exact details
12 door to door contact or individually.
12 of what we offered them initially.
13 Q. Door to door, meetings, however it was
13 Q. Did you close the deal with them?
14 done, it was my understanding that those meetings
14 A No.
13 took place after this package was put together.
15 Q. To your knowledge, was there any amount of
16 A. As I remember, Dr. Mayausky had talked to
16 money mentioned early on?
17 some of die residents before this package. I don't
17 A No.
13 know dates. I was not involved.
18 Q. What exactly did you tell them you were
19 Q. Exactly what did he tell them, if you
19 doing that for? Why would you go to Bethel
20 know?
20 Missionary Baptist Church as a representative of
21 A I have no idea.
21 Monsanto and offer to build them a church,
22 Q. No one but Dr. Mayausky went though, and
22 Mrs. Hanson?
23 you don't know what he told them?
23 A Far the same reason that we were offering
24 a. I was not in any of the meetings.
24 to buy the property so we could acquire that
25 Q. But, at that time, had you all made the
25 property for remediation.
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1 decision -- and I believe you indicated that might
1 Q. And because their property was
2 have been in early '95. Had you all made the
2 contaminated with PCBs?
3 decision you were going to have to have this
3 MR. COX: Object to the form.
4 property to do the remediation on the east side of
4 A That's not necessarily why we needed the
5 the plant?
5 property.
6 A. I don't know when he started talking to
6 Q. Was their property contaminated with PCBs?
7 the people and I'm not sure when the decision was
7 A I believe there were some low levels in
8 made that we needed that property. I don't know.
8 their property.
9 Q. What exactly was it, if you have any idea,
9 Q. What would you call low levels on their
10 that he would have been discussing when he went to 10 property, Mrs. Hanson?
11 see those people?
11 A As I remember, most of the stuff down in
12 A. I have no idea what Jack said to those
12 that area was less than ten parts per million.
13 people.
13 Q. What had Monsanto been asked to do by adem
14 Q. And it's your testimony here today that
14 at the time you all started this program with
15 you don't know how this offer, these offers got to
15 property that had ten parts per million on it?
16 the people who lived in that area?
16 A I don't remember.
17 A. I don't remember how, physically, these
17 Q. Were you asked by ADEM to clean up any
18 pieces of paper got in the hands of those people,
18 portion of that if it was outside one of these
19 no, I don't know.
19 cells?
20 Q. Well, didn't you participate, to some
20 A I don't believe so.
21 extent, in negotiating with the people at Bethel
21 Q. Ma'am?
22 and negotiating with the people at Morris Hill
22 A I don't believe so.
23 about acquiring their properties, Mrs. Hanson?
23 Q. What were you all asked to do with
24 A. With the churches I talked at some of the
24 property that you found that had twenty-five parts
25 earlier meetings, yes.
25 per million on it?
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1 A. 1 don't think we were asked to do 2 anything.
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1 going, just check by phone from time to time?
2 a. 1 believe Robert had fairly regular
3 Q. By ADEM? 4 A. By ADEM.
3 contact with the ADEM people. I don't know what 4 their discussions were.
5 Q. What if it had fifty parts per million on
5 Q. Was that by phone though?
6 it?
6 A. I would think so.
7 A. I don't remember that ADEM asked us to do
7 Q. Now, how did you check to see if people
8 anything with any of the property.
8 were doing things on the site, Mrs. Hanson? Did
9 Q. Well, how often did you see, at the time 10 you were there, an ADEM representative come to the
9 you actually physically go down and eyeball what 10 these folks were doing?
11 property, let's say for instance, during the time
11 a. Yes, sir, I did.
12 that you all were involved in the work on the
12 Q. So you went to the site?
13 west-end landfill, or Westinghouse was, how often
13 A. Yes.
14 did you see an ADEM person?
14 Q. To make sure that the contractors were
15 A. I was not there on a day-to-day basis. I
15 working?
16 don't know how often they were there.
16 A. Yes.
17 Q. Well, one would assume with a site like
17 Q. And is that sort of standard procedure in
18 this that they had a motel room and came every
18 your industry?
19 day. Do you know if they did that?
19 A. Yes.
20 A. I'm sure they did not do that.
20 Q. What were your negotiations with Morris
21 Q. One would assume that they drove up from
21 Hill, did you negotiate with them?
22 Montgomery at least once a week. Did they do that? 22 A. I believe Joe Whittington and I had one
23 A. I don't remember that they were there that
23 meeting with the preacher and two of the deacons.
24 often.
24 Q. Who was present at that meeting besides
25 Q. One would assume then if they didn't do
25 you and Mr. Whittington? You had Reverend
Page 198
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1 that, that they would come up at least once a
1 Weatherly?
2 month. Did they do that?
2 A Weatherly, yes.
3 MR. COX: object to the form. 4 A Again, I was not at the site on a
3 Q. Do you remember Zeb Freeman and - 4 a. Zeb Freeman and Mr. Buie.
5 day-to-day basis. I can't tell you every time they
5 Q. What was that offer that you made to those
6 showed up, but I would think once a month is a
6 folks?
7 reasonable estimate of when they were there.
1 A, Same offer that we made to Bethel.
8 Q. So like a kid at school, the rest of the
8 Q. Do you recall or ever mention a figure of
9 time we just call home, is that sort of the way it
9 $125,000?
10 happened? They'djustcallup and say,
10 A. I don't think so.
11 Mrs. Hanson, is everything going all right? And
11 Q. Did you ever make any kind of offer to
12 you would say, 1 would assume for the sake of this 13 hypothetical, why certainly, Mr. Cobb, everything
12 purchase any land on 202, ask them to look for 13 another site, an alternative site?
14 is going okay. Is that what happened during the
14 A. I don't remember that we got that far in
15 project?
15 the discussion. I remember that Mr. Whittington
16 A. I was not the contact with ADEM The
16 went with us because he was a real estate lawyer
17 plant people maintained the contact with the local
17 and he was familiar with the area and was available
13 agency.
18 to help them find properties. I don't remember
19 Q. So they would just call Mr. Jones and say,
19 that we talked about any specific sites at that
20 what did you have for breakfast, how did your day
20 time.
21 go?
21 Q. He was actually employed by Monsanto?
22 A. That would take all day if they asked
22 A. We paid him a fee, yes.
23 Mr. Jones what he had for breakfast.
23 Q. Do you remember when those meetings took
24 Q. 1 would assume so, but did they ask him,
24 place?
25 at that point in time, you know, how are things
25 A. Sometime in the summer, fall of '95. I
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Page 203
Q. The fall of '95?
2 A. I don't remember specifically what we told
A. Late summer or fall.
3 them.
. 4 Q. Tell me, if you would, Mrs. Hanson, what
4 Q. Were you aware at the time that you talked
5 exactly you gave by way of a reason that you all
5 to these gentlemen in the fall of '95 or the late
6 wanted to purchase this property when you met with
6 summer of '95, to those three men I mentioned who
7 Zeb Freeman and Reverend Weatherly about the Morris 7 were connected with Morris Hill Church, Reverend
8 Hill Church?
8 Weatherly and the two deacons, were you aware of
9 A. And Mr. Buie.
9 the properties of FCBs?
10 Q. And Mr. Buie. Why did you tell those
10 A. Meaning physical?
11 gentlemen that you wanted to purchase the church?
11 Q. The toxicity of, concerns that were
12 A. Because we needed the area to do the
12 expressed by regulatory agencies about PCBs?
13 remediation.
13 A. Yes.
14 Q. Remediation because of what, Mrs. Hanson,
14 Q. Did you tell them about it?
15 did you tell them?
15 A. Again, I believe Dr. Mayausky had met with
16 A. Mainly for storm water control.
16 the church people before that.
17 Q. Is that it?
17 Q. I'm asking did you?
18 A. (Witness nodding head.)
18 A. I don't think I did. That's not -- I'm
19 Q. So you told these men on that occasion in
19 the engineer there to do the remediation. I'm not
20 the summer or the fall of 1995 that you all wanted
20 a toxicologist
21 their property for storm water control?
21 Q. Take a look at page ten of Plaintiffs'
22 A. For the remediation, just like we told the
22 Exhibit Two. Take a look at paragraph four. Read
23 people in the Burgess area, the residents.
23 that and I want to ask you some questions about
24 Q. Take a look at page three, the first
24 that
25 paragraph of Exhibit Two.
25 A. The early appraisal sign-up bonus?
Page 202
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1 A. Yes.
1 Q. Yeah. Who came up with that figure? Is
2 Q. Tell me, if you would, if you all told, if
2 that another figure that Prudential came up with?
3 you said anything similar to what Mr. Mayausky said 3 A. I don't remember specifically who.
4 in the fall of '95 to Reverend Weatherly or Dick
4 Prudential was certainly in on that decision, yes.
5 and Buie and Dick and Freeman about the
5 Q. What did you understand the purpose of
6 contamination of the property?
6 that was?
7 A. I don't remember specifics of the
7 A. I think in Prudential's experience, it
8 conversation. I think they had results of any
8 helped to get people started to sign up for the
9 sampling that had been done along there. I'm sure
9 buyout programs.
10 we would have told them something similar to what 10 Q. Now, it's my understanding that the work
11 we were telling all the residents in that area.
11 had gotten underway on the sampling at the time
12 Q. Which is, we have some found some
12 that you all presented this program in October of
13 polychlorinated biphenyls on our property and on
13 1995. What sampling were you involved in that was
14 some adjacent areas; PCBs are chemicals which were 14 done off the site?
15 manufactured at the plant from the 1930's until
15 A. Area A, extended area A.
16 1971, is that basically what you told, you and
16 Q. Anything else?
17 Mr. Whittington told Dick and Freeman and Buie,
17 A. Basically any of the sampling that was
18 Dickins, Freeman, and Buie and Reverend Weatherly? 18 done that year I was involved in.
19 A. I'm not sure we went into the history. I
19 Q. I mean, did you all do any other sampling
20 think Dr. Mayausky had talked with them
20 off of your site other than area A or expanded area
21 previously. I'm sure he had told them that. We
21 A?
22 talked about offer to purchase.
22 A. At some point, we did some sampling over
23 Q. So you didn't talk about that you all had
23 on the north side of the plant.
24 found PCBs and that PCBs were chemicals which were 24 Q. On the north side of the plant?
25 manufactured at the plant, you all didn't tell them
25 A. I don't remember when that was.
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1 Q. Was that at some point in time before you
1 of parathion.
Page 207
2 left Monsanto? 3 A. Yes.
2 Q. Where was that located primarily, if you 3 recall?
4 Q. Was it after the fall of '95? 5 A. I don't remember. Mike Price and Mark
4 A. The wells all around the south landfill 5 throughout the plant.
6 were out there off and on the entire two years I 7 was there. I can't tell you specifically when we 8 did what sampling.
6 Q. Was there a concern expressed by either 7 Mr. Brown or others who were involved, Gary Brown 8 or others, about the presence of parathion in the
9 Q. So you were there from March of '95 to
9 groundwater around the south landfill and in the
10 March of '97?
10 plant?
11 A. Basically.
11 A. Basically, if I remember, the wells around
12 Q. Why was a decision made to do some testing
12 the south landfill were pretty clean.
13 on the north side of the plant?
13 Q. Were clean?
14 A. I believe because there was a concern that
14 A. (Witness nodding head.)
15 PCBs migrated into the ditch on the north side.
15 Q. And it's your testimony and understanding
16 Q. So they had migrated off the plant site?
16 that there was not a concern about parathion or the
17 A. Yeah.
17 off-migration of parathion?
18 Q. And did you all, in fact, find that PCBs
18 A. No, it was not a concern.
19 had gotten into that particular area over there?
19 Q. At the south landfill?
20 A. Yes.
20 A. Right.
21 Q. Did you decide to do some remediation work
21 Q. What about on the plant site?
22 over there?
22 A. I don't think there was a concern there.
23 A. I don't think we decided at that time,
23 Q. Did you participate in any meetings at
24 no.
24 all, Mrs. Hanson, in Anniston about sometime in '96
25 Q. Do you know how much was budgeted for the
25 where a decision was made to malm this site that
Page 206
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1 entire project there in Anniston?
1 would be governed by a state regulatory agency, by
2 A. No.
2 ADEM7
3 Q. Do you have any guesstimation as to what
3 A. We were in Alabama. Who else would have?
4 that budget would be?
4 Q. Well, if it had been a cercla site, who
5 a. Well, you've mentioned 32 million
5 did you understand would do in it Alabama?
6 dollars. That doesn't sound unreasonable to me.
6 A. If it had been a CERCLA site?
7 Q. Does that not sound unreasonable to you
7 Q. Yes, ma'am.
8 because you understood that was a figure that was
8 A. I don't remember. I don't think ADEM had
9 actually involved, or does that not sound
9 CERCLA authority.
10 unreasonable to you because just looking at the
10 Q. So it would have been the epa?
11 size and the scope of the project based on your
11 a. If it had been a CERCLA site.
12 experience that's what it might be?
12 Q. Do you remember being in any meetings
13 A. Based on what I know that we did the two
13 where a discussion was had with anybody from ADEM
14 years I was there and what I think was the
14 about whether it was going to be a RCRA site, the
15 remaining work, that sounds pretty reasonable.
15 sites you all were remediating, or whether or not
16 Q. Were PCBs the only concern you all had at
16 it was going to be a CERCLA site?
17 this site at the time you all went down there?
17 A. I don't remember any meeting.
18 Were there some other concerns that were expressed 18 Q. Do you remember any discussions with
19 or that you all had about these sites?
19 Mr. Faust or Mr. Mayausky or anybody at the plant
20 a. I went down specifically for the PCBs.
20 about that, or Mr. Foresman?
21 There were certainly other chemicals in the plant
21 A. There were some discussions. I was not an
22 that were monitored in the groundwater, but that
22 active party in those.
:23 was not really something I was involved in.
23 Q. When did they take place?
24 Q. What were they?
24 A. I don't remember. Sometime in that
125 a. Parathion, some of the breakdown products
25 two-year period.
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1 a. Dr. Hughes was not atsdr. l believe ATSDR
2 was at the site. I don't remember any specific
q. And with whom were those discussions held
3 testing they did.
from Monsanto, who were the participants from
4 Q. Do you remember a health consultation that
5 Monsanto?
5 was done by Dr. Hughes?
6 A. 1 don't remember any specific meetings. I
6 A. I vaguely remember there was such a
7 don't know who would have been at -
7 thing.
8 Q. You have indicated that there were some
8 Q. Did you ever see it?
9 meetings where that was discussed, what I just
9 A. No.
10 mentioned, whether it would be a RCRA site or a
10 Q. Were you ever concerned with what that
11 CERCLA site. Do you remember who was involved from 11 contained?
12 ADEM?
12 A. The health consultation?
13 A. I don't remember any meetings with ADEM
13 Q. Yes.
14 about that.
14 A. Not - I mean, not about that particular
15 Q. So you're just talking about meetings that
15 one, no.
16 had taken place inside the company about that?
16 Q. And why is that?
17 A. (Witness nodding head.)
17 A. I dealt with PCBs in the past. 1
18 Q. Would Mr. Foresman have been involved,
18 understand their properties. Not a concern.
19 would he have been involved in those meetings?
19 Q. Is that information you have developed
20 A. I don't remember any meetings where that
20 over the time that you have been with this company,
21 was the topic of discussion. In a company that
21 with Monsanto?
22 size, there is discussion that goes on all the time
22 A. Yeah.
23 and you pick up bits and pieces of a lot of
23 Q. Would it be fair to say that some testing
24 discussions. I don't remember any specific
24 had been done. Mis. Hanson, before you got to the
25 meetings or discussions.
25 site, some characterization of both the west
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1 Q. About whether or not --
1 landfill and the south landfill?
2 A. About whether or not it would be a state
2 A. Certainly the west-end landfill because
3 or federal site.
3 Golder finished the design before I got there.
4 Q. Which, if you understand, which do you
4 Q. And there had been some testing, I believe
5 understand the company preferred in this setting,
5 you previously said, before you got there in March
6 RCRA or CERCLA?
6 of 1995 on the east area over there?
7 A. I don't know that there was a preference.
7 A. Somebody had to have taken some samples to
8 Q. Ma'am?
8 know there was a concern that I got the opportunity
9 A. I don't know that there was a preference.
9 to go to Anniston.
10 Q. There was never a preference expressed by
10 Q. So that would have occurred at least
11 the people that you talked to as to whether or not
11 sometime in '93 or '94?
12 they would be regulated by the state or regulated
12 A. Could have been March of '95. I don't
13 by the federal government?
13 know.
14 A. 1 think, generally, RCRA is easier to deal
14 Q. And the first meeting that you had with
15 with than CERCLA, on this site or any site.
15 any residents who were contiguous to the plant
16 Q. CERCLA is more difficult to deal with so
16 would have been in the fall of '95, late summer or
17 it would be your best impression that RCRA is what
17 fall of '95?
18 you all preferred?
18 A. I don't think I ever met with any of the
19 A. The lawyers don't make as much money off
19 residents.
20 RCRA as they do off cercla.
20 Q. I mean the people who were in the church
21 Q. You're talking about these lawyers over
21 would be considered neighbors of you all?
22 here for Monsanto?
22 A. I met with the churches in '95, yes.
23 A. Whatever. All the lawyers.
23 Q. That's the first meeting you had?
24 Q. Are you familiar with some testing that
24 A. (Witness nodding head.)
25 was done by ATSDR at the site and Dr. Hughes?
25 MR. COX: You need to answer out loud.
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1 Q. And the first meeting that Mr. Mayausky
1 A. No.
Page 215
2 had in the neighborhood would have been sometime
2 Q. Do you know of any regulatory activity
3 after you all put this property purchase program 4 together and you all figured out what you wanted to
3 that took place as it relates to that plant site, 4 either by state or federal officials, that took
5 do on the east side, is that correct?
5 place in the '80s?
6 A. I think Dr. Mayausky had been meeting with
6 A. No.
7 the neighbors long before this property purchase
7 Q. Were you told about any activities in
8 program.
8 connection with this plant site by the attorney
9 Q. Well, just tell me how long before you
9 general of the State of Alabama in the '80s?
10 understand he had done that?
10 A. I don't remember that.
11 A. I don't know. 1 mean, I think he had
11 Q. You were not told that?
12 before I got down there in March, but I don't know
12 A. I don't remember being told that
13 how soon before.
13 Q. Were you told about any tests that were
14 Q. Had met with them before March of 1995?
14 made in what was known as Snow Creek in either the
15 Exactly which neighbors did you understand he had
15 '80s or the '70s?
16 met with before March of 1995?
16 A. I was aware that there had been some
17 A. I don't know.
17 testing in Snow Creek before, yes.
18 Q. Who told you he had met with anybody?
18 Q. How were you made aware of the fact that
19 a. I can't tell you specifically who told me
19 there had been some testing in Snow Creek?
20 he had met with them. I think that was just the
20 A. I think that was included in the
21 general impression.
21 historical, the background section of the sampling
22 Q. Where is it that you obtained this general
22 report that we did.
23 impression is what I'm asking you?
23 Q. Who did you understand did the testing and
;
24 A. Osmosis, Don. There is no specific
24 when was that done, if you recall?
25 meeting. I can't tell you on such and such a date
25 a. I don't remember. I think the plant
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1 so and so told me. That's --
1 people themselves did the testing or did the
2 Q. Now, you have mentioned earlier that when
2 sampling. I don't know who did the analysis.
3 you got to the plant site -- and maybe you didn't.
3 Q. What about in Choccolocco Creek?
4 Who briefed you when you got to that plant site in
4 a. I don't know.
5 March of '95?
5 Q. Did anybody ever tell you about any
6 A. I think Robert Jones and Larry Adams.
6 testing that was done on fish in Choccolocco Creek
7 Q. What did they tell you about the history
7 or sediment in Choccolocco Creek?
8 of regulatory activity at that plant?
8 A. Not directly, I don't think. I mean,
9 A. I don't remember that being part of the
9 there was litigation going on so there was,
10 discussion.
10 obviously something had been done.
11 Q. You didn't have any discussion about what
11 Q. Did anybody tell you anything about the
12 regulatory activity had taken place at the plant
12 effect that that had on Logan Martin Lake, the PCBs
13 site?
13 out on Logan Martin Lake?
14 A. No.
14 A. I was aware that they had found PCBs in
15 Q. Did you discuss anything with Mr. Pierle
15 the fish in Logan Martin Lake.
16 or Mr. Foresman before you went down there?
16 Q. Was there any question in your mind, based
17 a. No, I don't think so.
17 on your conversation and testing the company had
18 Q. Did you talk about anything that happened
18 done, that those PCBs had come from Monsanto?
19 at the plant site by way of testing or activity in
19 MR. COX; object to the form.
20 the '80s?
20 A. There were other potential sources.
21 A. No.
21 Q. Tell me about those.
22 Q. Do you know, sitting here today,
22 A. What is the guy's name with the blue
23 Mrs. Hanson, what took place at that plant site in
23 building down there under the bridge?
24 connection with PCB and off-migration of PCBs in
24 Q. You're talking about little old Tull
125 the '80s?
25 Landing (phonetic)?
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1 A. Yeah, little old Tull was a potential
Page 217 1 foundries?
Page 219
2 source.
2 A. I didn't say that
3 Q. Anybody else?
3 Q. Okay. So you're not saying that?
4 A. There were certainly foundries in the area
4 A, We were talking about Choccolocco Creek
5 that used PCBs.
5 and Lake Logan Martin, and 1 was talking about
6 Q. Tell me what you know about that.
6 other potential sources for the PCBs.
7 A. Vaguely, that there were foundries -1
7 Q. All right. What foundries did they
3 mean, in "77 when I was there, there were still a
8 mention by name?
9 lot of foundries operating. And I knew they were
9 A. I don't remember any specific names.
10 there. I had seen them. I think there was a
10 Q. Let me just ask you, did Alan Faust ever
11 process where they used casting, sand castings that
11 say anything to you about a foundry between 199S
12 had PCBs in the wax that made up the casting.
12 when you went down there and 1997 when you left?
13 Q. So casting the molds that were made for
13 A I don't know.
14 pipe and that type stuff you understood were, had
14 Q. Did Mr. Mayausky ever say anything to you
15 some PCBs in that process?
15 about it?
1(5 A. At some point in time, yes.
16 A. I doubt it.
17 MR. COX: Make sure you answer out loud.
17 Q. Did Robert Jones ever say anything to you
18 Jo.
18 about it?
19 Q. And where exactly did you understand or
19 A. Robert's probably the source.
20 get this information from? Who told you about
20 Q. Robert Jones. Now, Mrs. Hanson, let's
21 that?
21 just take us out of this Anniston situation and
22 A. I don't remember specifically who told me
22 let's just assume that you are being regulated by
23 that.
23 EPA and they come in and say you contaminated
24 Q. Mrs. Hanson, when before yesterday did you
24 Mr. Jones' property near your plant Can you pin
25 have someone tell you that PCBs were used in
25 the tail on somebody else's donkey, Mrs. Hanson, if
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1 processes in the foundries down there?
1 you consider them to be the source? Can you tag
2 MR. COX: object to the form.
2 them with it if you prove that to the EPA?
3 MR. STEWART: oh, I think she can answer
3 A. In some cases.
4 that, Buddy.
4 Q. Well, what efforts have been made by
5 THE WITNESS: Sometime between *95 and '97 5 Monsanto Chemical Company or Solutia in the
6 when I was down at the plant
6 Anniston area to state either to ADEM or to the EPA
7 Q. Who exactly told you about PCBs being used
7 or to any other regulatory agency that there is
8 in processes at these foundries, Mrs. Hanson?
8 another source for the PCBs that are found in the
9 A. I don't remember specifically.
9 Anniston area?
10 Q. So you don't remember who told you. And
10 A. I don't know that there has been any
11 are you sitting here telling me today in this
11 effort
12 deposition, Mrs. Hanson, that that would not be
12 Q. What suits have been filed against otter
13 important?
13 entities by Monsanto to force them to pay for any
14 A. I didn't say it wasn't important. I don't
14 portion of the cleanup that is going on on the
15 remember specifically who told me that was a
15 west-end landfill, the south landfill, or the
16 process.
16 eastern area or the northern area? What moneys
17 Q. What factual basis did you understand the
17 have you all sought from someone else to force them
18 person who made that statement had for making the
18 to pay for that?
19 statement that there were PCBs used in the foundry
19 A. I'm not aware of any suits.
20 process?
20 Q. Are you aware of situations or have you
21 A. Since I don't remember who told me, I
21 been the project manager -- you mentioned Brio.
22 don't know what factual basis they had.
22 Are you aware of situations where you have been the
23 Q. Is it your statement here today that the
23 project manager where you all insisted, as a
24 source of PCBs in this eastern area and the
24 company, on other people paying a part of the
25 expanded, A and expanded area A came from
25 freight of the cleanup?
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1 A. Certainly at Brio Monsanto didn't own the
1 correct?
Page 223
2 property. It was an old recycler that had taken
2 A, I'm sorry?
3 materials from a lot of industries and a lot of
3 Q. Anybody but us?
4 industries were PRPs in it.
4 A. Anybody but us what?
5 Q. And you asked for some other people to
5 Q. Is the source. Is that sort of what
6 participate in that cleanup?
6 you're looking for in that litany that you just
7 A. I believe the EPA found those other
7 went you through?
8 people.
8 A No, they were uses.
9 Q. Well, Monsanto certainly didn't discourage
9 Q. Uses.
10 them, they didn't run in there and say, we'll pay
10 A I believe Monsanto was the only
11 it all, did they, Mrs. Hanson?
11 manufacturer.
12 A No.
12 Q. Thank you, ma'am.
13 Q. They wanted the other people to
13 MR. STEWART: Let me talk to her a minute.
14 contribute?
14 MR. COX: we'll step outside.
15 A. Yes.
15 (Recess.)
16 Q. Have you ever said anything to the state
16 Q. You indicated earlier in response to some
17 health department about someone else being the
17 of our questions that the Queeny plant was not high
18 source?
18 on the list of priorities for EPA Do you know a
19 A. I don't think I've ever talked to the
19 plant site that was high on the list where PCS
20 state health department.
20 contamination was involved, a Monsanto plant that
21 Q. When exactly was this theory arrived at?
21 was high on EPA's list of priorities?
22 I mean, you've indicated Mr. Jones had this
22 A No.
23 theory. When exactly did he tell you that?
23 Q. You might have told me this, but where is
24 A. I don't know that it was Mr. Jones.
24 Bruce Yarn today?
25 Q. So now you don't know whether it was
25 A. As far as I know, he is still in
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1 Mr. Jones who was the source of that?
1 Saint Louis.
2 A. I said he was likely a source. I can't
2 Q. Working for Monsanto?
3 tell you for sure that it was him.
3 A Solutia. It's Yaie.
4 Q. Did you talk to him yourself and he say
4 Q. Yarn. What position does he hold with
5 that to you?
5 Solutia?
6 A I talked to Robert many days for many
6 A. He was manager of remediation technology
7 months. I can't tell you what exactly Robert said
7 with Monsanto. I don't know what his title is
8 to me on any occasion other than one day he was
8 after the separation.
9 sick in my car, but that had nothing to do with the
9 Q. Manager of remediation technology?
10 plant site. I remember those words very clearly.
10 A Remediation or remedial technology. I'm
il MR. STEWART: Off the record.
11 not sure.
12 (Discussion off the record.)
12 Q. Who was his immediate supervisor?
13 Q. Other than Mr. Jones, did anybody else.
13 A. Mike Foresman.
14 did you have any conversations with anybody else
14 Q. Would that be true today?
15 where you think someone might have mentioned that? 15 A. I have no idea. I think so, but I don't
16 a I think around the plant a lot of people
16 know.
17 talked about the uses. Other sites we have gone
17 Q. How much did you make a year when you
18 into history and talked about the multiple uses of
18 worked for Monsanto?
19 PCBs. I can't tell you specifically who discussed
19 A When I finished, about seventy thousand.
20 it at Anniston.
20 Q. A year?
21 Q. You're talking about use in say maybe
21 A. Yeah.
22 hydraulic equipment?
22 Q. Any perks or privileges that you had in
23 A. Hydraulic equipment, pumps, heat transfer
23 addition just to pay?
24 fluids, foundries, NCR. me.
24 A. I think in '96 we got some shared success
25 Q. Sort of anybody but us, would that be
25 stock options, which I exercised.
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1 Q. What about in '97, was that a part of the
1 than you, Mrs. Hanson, out of the company?
i 2 severance package?
2 A. Bob Kaley.
! 3 A. I didn't get any stock options.
3 Q. Now, you had indicated in connection with
4 Q. Are you being paid for your time here
4 Mr. Kaley, while we're on him, that he did PCB type
5 today?
5 work for all of the plants. What work did he do
6 A. No. Well, Buddy bought my lunch.
6 for all the plants in PCBs?
7 Q. Other than that?
7 A. I know one of the guys that worked in his
S A. No.
8 group was the coordinator for the PCB reporting
9 Q. Can you provide a copy of the agreement
9 program. Even after the plants got rid of all
10 between you and Monsanto to Mr. Cox, your severance 10 their PCB transformers and stuff they had to
11 agreement?
11 continue reporting annually. Bob's group was
12 MR. COX: Let us try to get a copy of it
12 responsible for that.
13 from Monsanto first It might be easier than
13 Q. So even after a plant would be cleaned of
14 her rummaging through the boxes. Or the
14 PCBs, they had a requirement within Monsanto
15 general --
15 internally to report --
16 THE WITNESS: Mine was just like
16 A. No, I believe it's a TOSCA requirement
17 everybody else's.
17 Q. It's a TOSCA requirement?
IS MS. MALOW: As far as you know.
18 A. It's an annual TOSCA report.
19 THE WITNESS: Well, as far as I know.
19 Q. About PCBs? In wastewater discharge or
20 MR. STEWART: we would like to actually
20 off the plant or what?
21 get the one that she's got
21 A. Since I never worked directly in a plant
22 MR. COX: I will try to do that That
22 I don't know for sure. I know on some of the
23 will be easier than Joe having to rummage
23 smaller sites I was involved with we had to report
24 through the boxes that are still not
24 every year that A, we have any, we had none, if we
25 unpacked.
25 had found any what we have done with them.
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1 THE WITNESS: They may never be unpacked.
1 Q. How would you make a determination as to
2 BY MR. STEWART:
2 whether you had some or didn't have any, would you
3 Q. By the way, what does your husband do,
3 do tests on an annual basis, soil samples, things
4 Mrs. Hanson?
4 like that?
5 a. He is retired
5 A. There was no requirement to test for
6 Q. Where did he retire from?
6 them. If a plant found some somewhere during the
7 a. Brown Shoe.
7 year for some reason they had to report it, or if
8 Q. Is that a company that is located in
8 they had a transformer that had been in service
9 Saint Louis? 10 a. Saint Louis. As in Buster Brown, 11 Naturalizer, Lifestride, Connie.
9 that they took out of service, they had to report 10 that that was gone and what they did with the oil 11 to dispose it
12 Q. What did he do with them?
12 Q. Do you remember when that started, when
13 A. Electrical engineer. Made electric
13 the TOSCA requirements were in place?
14 shoes. 15 q. The volumes of PCBs in the landfill at
14 A. No. 15 q. Is that when they began to regulate pcbs?
16 Sauget do you know or have any idea how much would 16 Is that when TOSCA was put in place?
17 be there? 18 A. No.
17 A. I believe TOSCA is the PCB 18 Q. Would that have been in place before ' 84
19 Q. Would it be comparable to the Anniston 20 plant or would there be less? 21 A. I have no idea. 22 Q. Who would know that? 23 A. I don't know if there is anybody that 24 would know that number. 25 Q. Who would have an idea about it better
19 or '85? 20 A. I think TOSCA was '84 or '85. Wasn't it? 21 Q, Anything else that he did with the plants 22 in connection with PCBS that you know of? 23 A. In my experience, Bob's kind of the expert 24 on a lot of that PCB background history. 25 Q. So he serves as an expert within the
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1 company for that land of information?
Page 229
1
Page 231 Q. So it would be Larry Adams or Robert
2 A. (Witness nodding head.)
2 Jones?
3 Q. Were you involved in the Wobum plant
3 A. I believe Mr. Faust had done some of the
4 site, in any of the remediationwork there?
4 groundwater work down there earlier when he was the
5 a. No.
5 hydrogeologist.
6 Q. Never have beeninvolved there?
6 Q. When did Faust do the groundwater work?
7 A. No.
7 A. I believe he was involved with the
8 Q. You mentioned that there was some PCBs
8 groundwater program for a couple years. I don't
9 found in a ditch that was to the rear of the Morris
9 know when he picked up that site.
10 Hill Church. Do you remember --1 don't recall
10 Q. Was it ever placed onto somebody other
11 whether you gave me the levels of that or not.
H than Foresman to do?
12 A. I believe we said there were some in the
12 A. You mean the remediation part of it?
13 thousands of parts per million.
13 Q. No, the plant site.
14 Q. Would there be some in the hundreds of
14 A. The plant site itself does not report to
15 thousands of parts per million?
15 Foresman. The plant reports up through the
16 A. 1 don't remember. I don't think there
16 manufacturing organization.
17 were any that high.
17 Q. So there is no requirement that they have
18 Q. You picked up -- you indicated that there
18 somebody like Larry Adams to oversee that thing
19 was some soil that was picked up that went to
19 down there?
20 Emelle that was outside of that west-end landfill
20 A. No.
21 so it was capped on top. Is that because it was
21 Q. What are the names of the members of
22 contaminated with PCBs?
22 Foresman's team?
23 A. Seems like there were one or two piles off
23 A. The ones I remember, Larry, Jerry Rinaldi,
24 the site that we picked up that went to Emelle,
24 Steve Smith, Jim Kilby. Faust joined the group in
25 yes.
25 '94 or '95. That's the only ones I can think of
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l Q. Where?
1 right now. Dick Williams, at one time, reported to
2 A. I don't remember. There were -
2 Foresman.
3 Q. When?
3 Q. You indicated you weren't concerned about
4 A. It was a pretty minor part of two years I
4 the health consultation study that Brian Hughes
5 would think.
5 did. Tell me, if you would - you said you weren't
6 Q. When, during that two-year period?
6 concern about that particular study. Is there a
7 A. Sometime.
7 study that you were concerned about in connection
8 Q. And how much was it, if you recall?
8 with PCBs?
9 a. I think a couple drums. I don't remember
9 A. Health effects of PCBs?
10 for sure.
10 Q. Right.
11 Q. And you don't remember where it was taken
11 A. Personally, no. I'm not concerned about
12 from off site?
12 the health effects of PCBs.
13 A. (Witness nodding head.)
13 Q. Are you familiar with any studies other
14 Q. Who was the manager of the Anniston
14 than this health consultation that was done by
15 facility before, project manager of the Anniston
15 Dr. Hughes?
16 facility or had that area of responsibility before
16 A. On PCBs in general or Anniston
17 you took over in '95?
17 specifically?
18 A. Larry Adams had been going to the site for
18 Q. PCBs in general.
19 a while.
19 A. There is, I think, a lot of health studies
20 Q. For what period of time?
20 on former Monsanto, Westinghouse, G.E. employees
21 a. I don't know.
21 that worked in those departments.
22 Q. Who preceded him?
22 Q. Is that what you had reference to when
23 A. I don't think anybody -- I mean, Robert
23 you're talking about you're not concerned about
24 Jones was there all along. I don't think anybody
24 them?
25 out of Foresman's group was assigned to that site.
25 A. They found no health effects in those
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people.
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1 I mean, were you involved with other regulators at
Q. Did you read those studies? Were you
2 other sites?
3 familiar enough with those studies to have read
3 A. In some cases.
4 them?
4 Q. Why is it that you understood or did you
5 A. Some of them.
5 arrive at some kind of conclusion that Mr. Jones
6 Q. Can you tell me which ones there were that
6 didn't want, was it you in particular or just
7 you read?
7 anybody from Foresman's group?
8 a. No.
8 A. It may have been me in particular, but I
9 Q. What was reason for the plant being put in
9 think it may have been anybody in Foresman's group.
10 place at the west-end landfill?
10 Q. Why did he have that feeling do you think?
11 a. I don't know. That was before I got
11 A. I have no idea.
12 involved.
12 Q. Had Mr. Jones done some testing at the
13 Q. You're not aware of the reason that that
13 southern landfill site at some point in time before
14 became a problem?
14 you got down there, did be ever tell you about
15 A. No.
15 that?
16 Q. You mentioned rumors that you had heard
16 A. Not that I'm aware of.
17 secondhand, thirdhand, about PCBs and the Anniston 17 Q. Do you know how the final, do you have an
18 plant. What are those? Can you tell me what you
18 understanding as to how the final decision was made
19 understood either before or after you went down
19 to make this a RCRA site as opposed to a CERCLA
20 there, what rumors you had reference to? I'm
20 site?
21 asking you specifically about what rumors you were 21 A. No.
22 talking about.
22 Q. You don't have any understanding as to how
23 A. I mean, obviously, the plant manufactured
23 that occurred or what took place?
24 PCBs.
24 A. (Witness nodding head.)
25 Q. What else?
25 Q. Did you go to any city council meetings or
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1 A. The certainly put PCB waste in the
1 to any county commission meetings in connection
2 landfills.
2 with this particular site?
3 Q. What else?
3 A. Yes.
4 a. I don't know what else. Do you -
4 Q. What was the purpose of those meetings?
5 Q. What I'm asking about is what else had you
5 First the county commission, why did you go to the
6 heard rumor wise about Anniston and the PCB problem 6 county commission?
7 in Anniston, either before you went down there or
7 A. The county commission was to vacate. I
8 after you became involved?
8 believe there were two small pieces of street that
9 A. I think most of that is fairly common
9 were in the county.
10 knowledge. There is litigation. There is PCBs in
10 Q. And was the city commission meeting the
11 Lake Logan Martin fish.
11 same?
12 Q. Now, you had mentioned that Jones,
12 A. Yes, as I remember.
13 Mr. Jones was fairly jealous about his relationship
13 Q. Were you ever involved, Mrs. Hanson, in
14 with ADEM. What did you mean by that? 15 A. Generally, when anybody in Foresman's
14 any informational kind of meetings with those 15 officials, any of those officials, either city or
16 group went into any of the plant sites where there
16 county?
17 was an ongoing manufacturing, it remained the
17 A. I'm sorry. I'm not sure what you mean by
18 plant's responsibility to maintain the relationship
18 informational meetings.
19 with the agencies, any of the plant sites.
19 Q. Where you all shared with those people out
20 Q. But what you were --
20 there what you all were doing.
21 A. That was true at Anniston as well. Robert
21 A. I wasn't.
22 took that responsibility very seriously, generally
22 Q. Did you have any contact with the media in
23 did not invite anybody out of Foresman's group to
23 connection with the PCB problem?
24 participate in his meetings with ADEM.
24 A, One day when Elizabeth Pasula was coming
25 Q. Why is it that you think he chose not to.
25 to the plant to meet with Alan, I road with them
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JO HANSON - VOL. II
1 when he took her on a tour of the site.
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1 property happened to wind up with Monsanto?
2 Q. When was that?
2 A. No. That was all done before I got there.
3 A. Sometime in '96,1 believe.
3 Q. Did anybody ever say anything to you about
4 Q. How was that arranged?
4 how that happened?
5 A. I was -- I don't know how the arrangement
5 A. Not directly, no.
6 was set up. I was sitting in my office in the
6 Q. Do you know whether or not Alabama Power
7 trailer and Alan walked by and said, come on, Jo,
7 Company contributed to anything toward the
8 go for a ride. And when I got out to the lobby
8 remediation of the west-end landfill site?
9 with him, Elizabeth was there and we road around
9 A. No.
10 and he showed her the site and I sat in the back
10 Q. You say you don't know directly. Do you
11 seat.
11 know indirectly?
12 q. What was discussed during that
12 A. Basically, my understanding was that
13 conversation, if anything, do you remember?
13 because Monsanto was going to have to remediate
14 A. Generally, we looked at the site. We
14 that site, cap the landfill, somehow Foresman and.
15 drove up on the south landfill out on the RCRA cell
15 what is his name, Ronnie Smith or whatever at
16 where you had a good view of the pond. I believe
16 Alabama Power worked out that arrangement I don't
17 the work on the pond was going on. You could see
17 know the details of the arrangement
18 the plant. And just kind of explaining to her
18 Q. Worked out the deal?
19 where things were.
19 A. The arrangement to, Monsanto reacquired
20 Q. Was anything said about PCBs or anything
20 the property.
21 about --
21 Q. Is that all you understand about it from
22 A. I don't remember that specifically.
22 indirectly, indirect conversation?
23 Q. Do you remember anything about any future
23 A. (Witness nodding head.)
24 project?
24 Q. Who, Mien you were down there and you were
25 A. I don't remember that
25 working, out of those two entities, had the
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1 Q. Did you all talk about anything else other
1 responsibility for fielding questions about what
2 than what you have just mentioned to us?
2 was going on, was it Alabama Power Company or
3 A. The weather and lunch probably.
3 Monsanto?
4 Q. How long did the meeting last?
4 A. I think generally Monsanto.
5 A. I think I was in the car with them twenty
5 Q. And how was that worked out? When you got
6 minutes.
6 there you all were the ones responsible for
7 Q. Is that how long it lasted or did -
7 responding to the questions like from Mrs. Pasula
8 A. I think that was the length of the tour
8 or from the general public?
9 and then I think Elizabeth and Alan continued to
9 a. Yes.
10 talk after they let me out They went in his
10 Q. Was that an agreement that Mr. Foresman
11 office.
11 had worked out with Mr. Smith that you all would do
12 Q. Anybody else involved in the conversation
12 that?
13 between Elizabeth and Alan?
13 A. I don't know.
14 A. Not that I'm aware of.
14 Q. But that was what your understanding was?
15 Q. Any other media contact that you had other
15 A. We owned the properly. We were doing the
16 than that one?
16 project. We answered the questions.
17 A. No.
17 Q. Did you all have someone from Birmingham
18 Q. Do you know anything about the Alabama
18 assisting you at that time in responding to
19 Power Company land swap with Monsanto?
19 questions that might be asked of people who were
20 A. I know that at one time Alabama Power
20 contractors on the project, I mean working on the
21 owned that piece of property.
21 west-end landfill?
22 Q. What piece of property?
22 A. I'm sorry. From Birmingham?
23 A. Where the west-end landfill is where their
23 Q, Yes, ma'am.
24 big substation is.
24 A. I don't know of any. The lawyers were
25 Q. Do you know anything at all about how that
25 around.
SCLAFANI WILLIAMS COURT REPORTERS, INC.
Page 237 - Page 240
HARTOLDMON0044524
V jON - voL- n /
CondenseltTM
Page 241
Q. Were the contractors involved in, did they
1 lEQtMTtnlMdg
nave the same responsibility as, say that Alabama
2 I, jo hanion, hive read the foregoing
, Power did to defer all questions that might be
3 deposition given by me on June 15,1999, in
4 asked about that site to someone other than their
4 Sarasota, Florida, and the following correction!,
5 employees?
5 if any, should be made in the trumqripb
6 A. Yes.
6 fAtm LINE OOMBCTWNAKDlMONTIBUPOa
7 Q. And why was that set up?
7
8 A. That's generally the way we run our
8
9 sites. If it's a Monsanto site and we're
9
to responsible for the work, we should be the ones
10
11 that answer any questions.
11
12 Q. So you instructed them specifically that
12
13 they were not to answer any questions, either about
13
14 what they were doing or about the kind of problem
14
15 that you faced there at the site?
15
16 a. That's fairly common industry practice.
16
17 Most of the contractors don't like to talk about
17
18 whatever they're doing on their site.
18 Subject to the above ooRcctisna, if any,
19 Q. But that is certainly what Monsanto
19 my Antimony made at given by me in the foregoing
20 required at this site?
20 deposition.
21 A. I don't know if that was a Monsanto
21 aiGNun at, Florida, this
22 requirement or Westinghouse procedure, but that's
22
day of
^, 19_
23 the way it was at this site.
23
24 Q. Well, was that true even for Westinghouse,
24
25 that they had to defer any questions that might be
25
JO HANSON
JUNE 15,1999
Page 243
Page 242
Page 244
asked to --
1 CERTIFICATE OF REPORTER OATH
A. That's a Westinghouse policy.
2
Q. Maybe I misunderstood, Mrs. Hanson. I'm
3
not trying to fuss with you here at the end of day,
4 STAIR OF FLORIDA
but you indicated that was also a Monsanto policy
5 COUNTY OF SARASOTA
that you all had that you followed at every site
6
that you had.
7
A. That's generally the way Monsanto ran its
8 I, the undersigned authority,
sites. It is a Westinghouse policy that their
9 hereby certify thee the witness named herein
employees not talk to anybody other than the
10 personally appeared before me and ear duly
client.
11
Q. So if someone had a question about what
12 witness my hand and official seal this
was going on, about the nature of the problem, had 14 to refer it to you all if it was directed to 15 Westinghouse or even a subcontractor?
A. Yes.
13 30th day of Jur*. 1999. 14 15 16
MART ANN SMITH
MY COMMISSION A CC S3G553 EXPIRES: May 17,2000
Bonded Thru Noisy ftibfe Underwriters
MR. STEWART: All right That's all we've
17
got. THEREUPON, the deposition of JO HANSON was
18 19
%
concluded at 4:04 p.m.
20
NOTE: The original and one copy of the
21 Mary Anittimith, ara
22 foregoing deposition will be held by Mr. Stewart;
22
Notary Public State of Florida
23 copies to Mr. Cox.
23 My Commission No. CC 314533
24 24 Expires: 5*17-00
25 25
Page 241 - Page 244
SCLAFANI WILLIAMS COURT REPORTERS, INC.
HARTOLDMON0044525
HARTOLDMON0044526
JUNE 15, 1999
$125,000 [l] 200:9
'70s [I] 215:15
'77 [11 217:8
'80s [5] 214:20 214:25 215:5 215:9 215:15
'84 [2] 228:18 228:20
*85 [2J 228:19 228:20
'93 [l] 212:11
'94 p] 212:11 231:25
'95 p] 181:16 181:17 181:22 181:23 181:25 182:3 182:4 184:14
187:11 189:5 191:1 191:24 192:15 194:2 200:25 201:2 202:4 203:5 203:6 205:4
205:9 209:1 212:12 212:16 212:17 212:22
214:5 218:5 230:17
231:25
'96 [12] 181:18 181:21 184:7 184:12 184:18 184:19 187:11 189:5 207:24 209:1 224:24
237:3
'97 pi 205:10 218:5 225:1
04 [i] 242:20
1-800 pi
189:14
189:18 189:19 190:6
1131 PI 174:5
1400 [l] 174:16
15 p] 173:25 176:24 243:3
177 pj 175:17
1800p] 176:23
19 [l] 243:22
1930'sp] 202:15
1971 p] 202:16
1995 pj 183:14 201:20 204:13 212:6 213:14
213:16 219:11
1996 p] 183:21
1997 pi 219:12
1999 [5] 173:25 176:24 243:3 244:13 245:14
lstp] 185:7
2 [i] 183:14
202 p] 200:12
20th [l] 174:13
21st p] 181:24 182:2
2200 [I] 174:9
243 [i] 175:6 244 p] 175:7
245 pi 175:8
27401 p]
174:17
2nd[4] 181:21 183:21 184:6 184:7
30 pi 245:14
300 [l] 174:16
30th [i] 244:13
32 [1] 206:5
35203 pj
174:14
36201 [l]
174:5
4 [1] 242:20
400 PI 174:13
5-17-00 pi 244:24 245:19
536553 Pi 245:18
244:23
56 p] 176:24
6/15/99 p] 245:19
6th [2] 181:25 182:1
700 [i] 174:8
77002 [i]
174:9
9 [1] 176:24
imp] 176:24
able pi 185:21
above pi
243:18
above-styled pi 176:15
accept pi
185:8
acquaintance pj 190:11 190:14
acquire pj 195:24
177:20
acquiring pi 184:22 194:23
action PI
173:6
176:6 245:13
active pi
208:22
activities pi 215:7
activity [4] 214:8 214:12 214:19 215:2
Adams [4]
214:6
230:18 231:1 231:18
addition pj 224:23
ADEMpi] 178:4
196:13 196:17 197:3 197:4 197:7 197:10
197:14 198:16 199:3
208:2 208:8 208:13 209:12 209:13 220:6 234:14 234:24
adjacent p] 188:4 202:14
ADPHp] 186:17
again [S]
183:13
185:11 185:24 198:4
203:15
against PI 220:12
agencies p] 203:12 234:19
agency [4] 178:1 198:18 208:1 220:7
agreement pi 225:9 225:11 240:10
alp] 173:8 176:7
Alabama [is] 173:1 174:5 174:14 176:1 176:18 178:4 186:7
208:3 208:5 215:9 238:18 238:20 239:6 239:16 240:2 241:2
Alan [6] 190:19 219:10 236:25 237:7 238:9 238:13
along p] 230:24
202:9
CondenseltTM
alternative pi 200:13
amount pi 195:15
analysis pi 216:2
Ann [3] 173:24 176:19 244:21 245:5 245:18
Anniston pi] 174:5
183:6 186:18 187:16 187:25 188:4 206:1 207:24 212:9 219:21 220:6 220:9 222:20 226:19 230:14 230:15 232:16 233:17 234:6 234:7 234:21
annual pj 228:3
227:18
annually pi 227:11
answer pi
212:25
217:17 218:3 241:11
241:13
answered p] 240:16
APPEARANCES pi 174:1
appeared pi 244:10 245:6
appraisal pi 185:7 185:9 203:25
approach pi 182:18
approve p] 178:1
177:25
approved [l] 178:3
area [44] 177:12 177:15 177:16 177:21 177:22 181:1 182:18 184:9 185:23 187:25 188:4 190:1 190:2 190:24
190:24 191:17 191:18
191:23 192:13 192:20
193:1 193:9 193:9 193:9 194:16 196:12
200:17 201:12 201:23
202:11 204:15 204:15 204:20 204:20 205:19 212:6 217:4 218:24
218:25 220:6 220:9
220:16 220:16 230:16
areas p] 180:20 202:14
arranged pi 237:4
arrangement p]
237:5 239:16 239:17 239:19
arrive pi
235:5
arrived pi
221:21
assigned pi 230:25
assisting pi 180:14 240:18
assume p]
189:20
197:17 197:21 197:25
198:12 198:24 219:22
Atlanta pi 179:19
ATSDRp] 210:25 211:1 211:1
Attached pi 175:15
attempting pi 177:19
attend pi 186:25
183:8
attended pi 186:24 187:6 187:8
SCLAFANI WILLIAMS COURT REPORTERS, INC.
_
attorney p] 215:8 245:11 245:11
Attorneys pj 174:4 174:8 174:12
authority PI 208:9 244:8
authorized pi 245:7
available pi 200:17
Avenue pi 174:5
aware pa]
192:6
192:22 203:4 203:8
215:16 215:18 216:14
220:19 220:20 220:22
233:13 235:16 238:14
B [i] 174:6
background pi 215:21 228:24
bailiwick pi 179:8
Bank [i] 176:23
Baptist pj 195:20
192:12
BARBARA PI 173:4 176:4
based pi
184:5
185:13 206:11 206:13
216:16
basis [5] 197:15 198:5 218:17 218:22 228:3
became pi 234:8
233:14
began pi 228:15
184:23
benefits p] 185:24
Benson pi 174:7
bestp] 192:11 210:17
Bethelpj
192:13
194:21 195:1 195:2
195:8 195:19 200:7
better PI
226:25
between pi 186:21 188:1 218:5 219:11 225:10 238:13
big [1] 238:24
biphenyls pi 202:13
Birmingham p] 174:14 240:17 240:22
bits pi 209:23
bluep] 216:22
Bob pi 188:15 227:2
Bob's pi 228:23
227:11
bonus pi 203:25
185:9
bought p]
225:6
boxes pj 225:24
225:14
breakdown [l] 206:25
breakfast pi 198:20 198:23
Brian pi
186:11
190:11 232:4
bridge [i]
216:23
briefed pi 214:4
Brio pi 220:21 221:1
$125,000 - citv
Brown [4] 207:7
207:7 226:7 226:10
Bruce Pi
223:24
Buddy p] 225:6
218:4
budget [i] 206:4
budgeted [i] 205:25
Buiep] 200:4 2015 201:10 202:5 202:17 202:18
build pi 195:10 195:21
building [S] 174:13 176:23 195:4 195:5 216:23
Burgess pj 201:23
Buster p]
226:10
buy pi 180:22 195:10 195:24
buyout PI 204:9
180:18
cap [1] 239:14
capped [i]
229:21
carpi 222:9 238:5
Carolina pi 174:17
cases PI 220:3 235:3
casting pi 217:11 217:12 217:13
castings pi 217:11
CC pi 244:23 245:18
cell p] 237:15
cells [1] 196:19
center [1]
183:6
CERCLA [li] 208:4 208:6 208:9 208:11 208:16 209:11 210:6 210:15 210:16 210:20 235:19
certainly pq 189:7 198:13 204:4 206:21 212:2 217:4 221:1 221:9 234:1 241:19
CERTIFICATE w 175:7 175:8 244:1
245:1
certify pi
244:9
245:6 245:10
characterization pi 211:25
check [2] 199:7
199:1
Chemical pi 220:5
chemicals pi 202:14 202:24 206:21
Choccolocco pi 216:3 216:6 216:7 219:4
chose [1]
234:25
church po] 192:13 195:10 195:20 195:21
201:8 201:11 203:7 203:16 212:20 229:10
churches pj 183:6 194:24 212:22
city pi 235:25 236:10 236:15
Index Page 1
HART OLDMON0044527
Civil - eyeball
Civil [4] 173:6 176:6 176:17 176:18
Clark [i]
174:13
clause [i]
186:2
clean [3] 196:17 207:12 207:13
cleaned [i] 227:13
cleanup pi 220:14 220:25 221:6
clearly [i]
222:10
client [i]
242:11
close fl] 195:13
closely [i] 177:15
CO [2] 173:8 176:7
Cobb [i]
198:13
coming [l] 236:24
commencing [i] 176:24
commission [t] 236:1 236:5 236:6 236:7
236:10 244:23 245:18
committee [3] 195:3 195:4 195:6
common [3] 186:19 234:9 241:16
companies [si 180:2 180:5 180:14 180:20
180:22
company [i3] 180:8 180:11 209:16 209:21 210:5 211:20 216:17 220:5 220:24 226:8
227:1 229:1 238:19 239:7 240:2
comparable [l] 226:19
complete [ii 245:9
concern [9i 205:14
206:16 207:6 207:16 207:18 207:22 211:18 212:8 232:6
concerned [3] 211:10
232:3 232:7 232:11 232:23
concerns [2i 203:11 206:18
concluded [l] 242:20
conclusion [11 235:5
connected pi 203:7 245:12
connection [7] 214:24 215:8 227:3 228:22 232:7 236:1 236:23
Connie [i] 226:11
consider [i] 220:1
considered [i] 212:21
consultation [4]
211:4 211:12 232:4 232:14
contact [7] 182:20 193:12 198:16 198:17 199:3 236:22 238:15
contained pi 211:11
contaminated [4] 196:2 196:6 219:23 229:22
contamination pi 191:17 202:6 223:20
contiguous [l] 212:15
continue [i] 227:11
continued [i] 238:9
contractors [4] 199:14 240:20 241:1 241:17
contribute [i] 221:14
contributed [i] 239:7
control pi 201:21
201:16
conversation [3] 202:8 216:17 237:13 238:12 239:22
conversations [i] 222:14
coordinator [i] 227:8
copies [1]
242:23
copy pi 225:9 225:12 242:21
correct [4]
184:24
185:19 213:5 223:1
CORRECTION [i] 243:6
corrections pi 243:4 243:18
council [l] 235:25
counsel pi 174:2 174:10 245:11
county p]
236:1
236:5 236:6 236:7
236:9 236:16 244:5
245:3 245:14
COUple [4]
182:6
182:9 230:9 231:8
Court pi
173:1
176:1 176:22
covered pi 190:2
Cox [16] 174:11 180:3 180:6 187:22 193:11
196:3 198:3 212:25 216:19 217:17 218:2
223:14 225:10 225:12 225:22 242:23
Creek [7]
215:14
215:17 215:19 216:3
216:6 216:7 219:4
CV-97-AR-2430-E pi 173:6 176:6
D[i) 175:1
Dallas p]
180:12
date pi 181:11 183:16 183:20 183:22 184:6
184:7 185:4 201:1 213:25
DATED pi 245:14
dates pi 185:2 185:2 193:18
day-to-day pi 197:15 198:5
daysp] 222:6
deacons p] 203:8
199:23
deal [4] 195:13 210:14 210:16 239:18
CondenseltTM
dealt pi 211:17
December [l] 185:7
decide pi
183:18
185:7 205:21
decided^] 182:17 183:16 191:13 205:23
decision pi 178:13 185:10 194:1 194:3 194:7 204:4 205:12 207:25 235:18
Defendants pi 173:9 174:10 176:8
Defendants' p] 177:6
defer Pi 241:3 241:25
deferred pi 184:3
department pi 178:4
186:5 186:8 186:22 221:17 221:20
departments pi 232:21
depicted pi 177:13
deposition [13] 173:12 175:8 176:11 176:14 177:14 218:12 242:19 242:22 243:3 243:20 245:1 245:7 245:8
design [l]
212:3
details pi 239:17
195:11
determination pi 178:9 228:1
developed p] 211:19
Dick [4] 202:4 202:5 202:17 232:1
Dickins [I] 202:18
different pi 193:5
difficultp] 210:16
directed [l] 242:14
directly PI 178:22
216:8 227:21 239:5 239:10
discharge p] 227:19
discourage pi 221:9
discovery pi 176:16 187:4
discuss [1] 214:15
discussed [5] 137:24 188:6 209:9 222:19 237:12
discussing [i] 194:10
discussion Pi 200:15 208:13 209:21 209:22 214:10 214:11 222:12
discussions pi 138:1
199:4 208:18 208:21 209:3 209:24 209:25
dispose [1] 228:11
DISTRICT [4] 173:1 173:1 176:1 176:1
ditch [2] 205:15 229:9
division p] 173:2 176:2 179:21 179:23 180:1
doctor [I]
190:12
doesn't Pi 178:17 187:19 206:6
dollars pj 206:6
Donp] 213:24
DONALD [I] 174:3
donepo]
185:13
191:18 191:21 193:14
202:9 204:14 204:18
210:25 211:5 211:24
213:10 215:24 216:6
216:10 216:18 227:25
231:3 232:14 235:12
239:2
donkey p] 219:25
door [8] 192:3 192:3
192:6 192:6 193:12 193:12 193:13 193:13
doubt pi
219:16
down [17]
185:5
196:11 199:9 206:17
206:20 213:12 214:16
216:23 218:1 218:6
219:12 231:4 231:19
233:19 234:7 235:14
239:24
Dr [34] 186:11 187:1
187:8 187:21 188:2
188:9 188:11 188:18 188:20 188:22 188:23
188:25 189:1 190:8 190:9 190:11 190:15 190:15 190:17 190:18 191:2 191:19 192:18 192:22 193:8 193:16
193:22 202:20 203:15
210:25 211:1 211:5 213:6 232:15
drawn pi
177:15
drove pi 237:15
197:21
drums p]
230:9
duly PI 244:10
during [6] 191:1
197:11 198:14 228:6 230:6 237:12
Ep] 174:15 175:1
early Pi 185:9 191:1 194:2 195:16 203:25
easier pi
210:14
225:13 225:23
east [4] 184:17 194:4 212:6 213:5
eastern pi
173:2
176:2 184:9 218:24
220:16
effect [1]
216:12
effects [3] 232:9 232:12 232:25
effort pi
220:11
efforts [l] 220:4
either pi
183:15
207:6 215:4 215:14
220:6 233:19 234:7
236:15 241:13
electric pj 226:13
Electrical pi 226:13
JUNE 15,1999
electronically [i] 245:7
eligible pi 183:16 185:8 185:24
Elizabeth [4] 236:24
237:9 238:9 238:13
ELLEN pi 174:6
EmeUep] 229:24
229:20
employed pj 200:21
employee pi 245:11
employees pi 180:13 232:20 241:5 242:10
end [I] 242:4
engineer pi 203:19 226:13
entire pi 206:1
205:6
entities pi 239:25
220:13
EPA [] 208:10 219:23 220:2 220:6 221:7
223:18
EPA'sp]
223:21
equipment pi 222:22 222:23
estate pi 200:16
179:21
estimate p] 198:7
etp] 173:8 176:7
everybody pi 225:17
exact pi 195:11 201:1
exactly pal 179:25
192:14 193:19 194:9 195:9 195:18 201:5 213:15 217:19 218:7
221:21 221:23 222:7
examination p] 176:14
exercised pj 224:25
exhibit [12] 175:17 177:3 177:6 177:8 177:11 177:13 177:16 185:6 189:17 193:2 201:25 203:22
EXHIBITS pj 175:14
expandedpi] 177:16 177:22 190:2 190:24
191:17 191:23 193:1
193:9 204:20 218:25 218:25
experience pi 184:4 184:5 185:14 204:7 206:12 228:23
expert PI 228:25
228:23
Expires PI 245:19
244:24
explaining pi 237:18
expressed [4] 203:12 206:18 207:6 210:10
extended pi 204:15
extent pi 194:21
191:17
eyeball pi 199:9
Index Page 2
SCLAFANI1WILLIAMS COURT REPORTERS, INC.
HARTOLDMON0044528
JUNE 15,1999
faced pi
241:15
facility pi 230:16
230:15
factp] 181:24 205:18
215:18
factual [2] 218:22
218:17
fair [4] 184:21 184:25 192:2 211:23
fairly m
177:14
186:19 199:2 234:9
234:13 241:16
fallpo] 181:13 200:25 201:2 201:3 201:20 202:4 203:5 205:4
212:16 212:17
familiar [4] 200:17 210:24 232:13 233:3
farp] 178:6 200:14 223:25 225:18 225:19
Faust []
190:19
208:19 219:10 231:3
231:6 231:24
February [4] 181:21 133:21 184:6 184:6
federal [4]
176:17
210:3 210:13 215:4
fecp] 200:22
feeling [lj
235:10
fielding pi
Fields pi 195:5
240:1 195:2
fifty PI 197:5
figure [4] 204:1 204:2
figured p]
200:8 206:8
213:4
filed P] 220:12 final p] 235:17 235:18
finally p]
181:9
financially pi 245:12
finding p]
finished [2] 224:19
188:3 212:3
finishing pi 181:9
first n 190:22 201:24 212:14 212:23 213:1 225:13 236:5
firsthand pi 187:2
fish [3] 216:6 216:15 234:11
five [3] 177:11 177:13 180:10 181:20 190:3
Florida [] 176:21 176:24 243:4 243:21 244:4 244:22 245:3
245:6 245:14
fluids pi
222:24
folks p] 199:10 200:6
follow PI
177:14
followed [i] 242:6
following pi 176:25 243:4
force PI 220:13 220:17
foregoing [4] 242:22 243:2 243:19 245:6
Faresman p3j 178:14
179:10 182:10 183:24
208:20 209:18 214:16 224:13 231:11 231:15 232:2 239:14 240:10
FoiesmanJS[6] 230:25 231:22 234:15 234:23 235:7 235:9
fann[] 180:3 187:22 196:3 198:3 216:19 218:2
former pj
232:20
Fort pi 180:11
found po]
196:24
202:12 202:24 216:14
220:8 221:7 227:25
228:6 229:9 232:25
foundries [i] 217:7 217:9 218:8 219:1 222:24
217:4 218:1 219:7
foundry pj 219:11
218:19
fourp] 203:22
Franklin pi 174:12
Freeman [] 200:3 200:4 201:7 202:5 202:17 202:18
freight p]
220:25
Friedman pi 174:7
ftlSSp] 242:4
future pi
237:23
G.E p] 232:20
Gary pi 207:7
general pi 213:21
213:22 215:9 225:15 232:16 232:18 240:8
generally rn 210:14 234:15 234:22 237:14 240:4 241:8 242:8
gentlemen pj 201:11 203:5
given pj 243:19
243:3
gOesp] 209:22
Golder pj
212:3
gone PJ 222:17 228:10
goodp] 237:16
Gosh p] 190:18
governed pj 208:1
government pj 210:13
Greene pj
174:16
Greensboro pj 174:17
groundwater [S] 206:22 207:9 231:4 231:6 231:8
group [9]
180:16
227:8 227:11 230:25
231:24 234:16 234:23
235:7 235:9
guess [l]
181:7
guesstimation pj 206:3
guys pi 227:7
hand p] 244:12
CondenseltTM
hands pj
194:18
Hanson [w] 173:12 175:4 176:11 176:14 177:12 177:24 179:3 182:5 184:7 185:19 186:9 187:4 187:21 194:23 195:22 196:10 198:11 199:8 201:4 201:14 207:24 211:24 214:23 217:24 218:8 218:12 219:20 219:25 221:11 226:4 227:1 236:13 242:3 242:19
243:2 243:25
headpoj
184:20
195:7 201:18 207:14
209:17 212:24 229:2
230:13 235:24 239:23
headquarters pi
183:5
health [hi
178:4
186:4 186:8 186:22
211:4 211:12 221:17
221:20 232:4 232:9
232:12 232:14 232:19
232:25
heard (4j
182:14
188:21 233:16 234:6
heatpj 22223
held 4} 176:19 193:5 209:3 242:22
Helms pi
174:15
help p] 180:16 200:18
helped pj
204:8
hereby pi 245:6
244:9
herein pj
244:9
high [4] 223:17 223:19 223:21 229:17
Httlpj 192:12 194:22 199:21 201:8 203:7 229:10
historical pj 215:21
history [4] 202:19 214:7 222:18 228:24
hold pj 224:4
home [5]
191:11
191:11 191:14 191:14
198:9
homes pj
191:6
Houston [i] 174:9
Hughes pc] 186:11 186:22 187:1 187:21 188:2 188:9 188:18 188:22 189:1 190:11 190:15 190:17 190:18 210:25 211:1 211:5 232:4 232:15
hundred pi 180:10 hundreds pj 229:14
husband pj 226:3
hydraulic pj 222:22 222:23
hydrogeologist p] 231:5
hypothetical pi 198:13
SCLAFAN1 WILLIAMS COURT REPORTERS, INC.
ideapj 190:7 193:21 194:9 194:12 224:15 226:16 226:21 226:25 235:11
identification PI 177:4
Dp] 173:13 176:12
HIpi 174:11
immediate pj 224:12
impetus pj 185:18
important pj 184:7 218:13 218:14
impression pj 210:17 213:21 213:23
Inc [4j 173:8 176:7 176:22 222:24
included pj 215:20
indicated poj 183:14
184:11 194:1 209:8 221:22 223:16 227:3 229:18 232:3 242:5
indirect pj 239:22
179:2
indirectly pj 239:11 239:22
individually pj 193:12
industries pj 221:3 221:4
industry pj 199:18 241:16
information pj 192:14 211:19 217:20 229:1
informational pj 236:14 236:18
input pj 179:8
inside pj
209:16
insisted pj 220:23
instance pj 176:15 197:11
instructed pj 241:12
interested pj 189:15 245:12
internally [4j 178:8 178:10 181:3 227:15
introduced [lj 183:1
invite pj
234:23
involved poj 178:12 179:13 186:8 186:10
189:2 189:16 191:7 192:16 192:19 193:18 197:12 204:13 204:18 206:9 206:23 207:7 209:11 209:18 209:19 223:20 227:23 229:3 229:6 231:7 233:12 234:8 235:1 236:13 238:12 241:1
itself pj 231:14
Jackpj 182:25 194:12
jealous pj 234:13
Jerry pj 231:23
Jimp] 231:24
Jo pi 173:12 175:4 176:11 176:14 217:18
237:7 242:19 243:2
faced - lawyers
243:25
Joep] 199:22 225:23
John [5] 173:4 176:3 179:17 179:18 180:17
joined pj
231:24
Jones [is]
198:19
198:23 214:6 219:17
219:20 221:22 221:24
222:1 222:13 230:24
231:2 234:12 234:13
235:5 235:12
Jones' p]
219:24
judgement pj 192:11
June [I] 173:25 176:24 243:3 244:13 245:14
Kaleym
188:11
188:23 188:25 190:8
227:2 227:4
Kasowitzpj 174:7
KELLY pj 174:15
Iridpj 198:8
Kilby pj
231:24
Kimbrough pj 188:20
land poj 178:17 184:4 185:14 200:11 228:23 229:1 235:5 236:14 237:18 241:14
knewpj 217:9
185:14
knowledge pj 186:19
187:2 187:3 187:5 189:3 191:16 195:15 234:10
known pj
215:14
L.L.Cpj
174:12
L.L.P pj 174:15
174:7
Lake [3] 216:12 216:13 216:15 219:5 234:11
land pi 200:12 238:19
landfill po] 184:14 197:13 207:4 207:9 207:12 207:19 212:1 212:1 212:2 220:15 220:15 226:15 229:20 233:10 235:13 237:15 238:23 239:8 239:14 240:21
landfills pj 234:2
Landing pj 216:25
large pi 176:21 245:6
large-size pj 180:2
Larry 3]
214:6
230:18 231:1 231:18
231:23
lastpj 179:16 179:20 238:4
lasted pj
238:7
late 3] 184:18 184:19
201:3 203:5 212:16
Lauderdale pi 180:12
Lawpj 174:4 174:12
lawyer i]
lawyers 4]
174:8
200:16 210:19
Index Page 3
HARTOLDMON0044529
least - ones________ __________________ CondenseltTM_____ _______________
JUNE 15,1999
210:21 210:23 240:24
least [4] 193:4 197:22 198:1 212:10
left (2) 205:2 219:12
Leighton [i] 174:5
length [i]
238:8
less [2] 196:12 226:20
letter [2] 183:11 189:21
levels [3]
196:7
196:9 229:11
Lifestride [1] 226:11
Lightfoot[i] 174:12
likely [l]
222:2
LINE [l]
243:6
list [3] 223:18 223:19 223:21
litany [i]
223:6
litigation [3] 216:9 234:10 245:12
lived [4] 180:25 190:24 192:25 194:16
lobby [l]
237:8
local [i] 198:17
located [3] 192:13 207:2 226:8
Logan [5]
216:12
216:13 216:15 219:5
234:11
look [ill 177:7 177:8 177:11 178:23 181:20 183:13 189:17 189:24 200:12 201:24 203:21 203:22
looked [2] 237:14
181:12
looking [2J 223:6
206:10
loud [2] 212:25 217:17
Louis [31
224:1
226:9 226:10
Louisiana [i] 174:8
low [21 196:7 196:9
lunch PI 238:3
225:6
ma'ampi
196:21
208:7 210:8 223:12
240:23
mailpj 192:9
mainpj 178:18
maintain [i] 234:13
maintained^] 198:17
MALOWp] 174:6 225:18
Mamie [4]
179:14
179:16 179:18 180:17
Mamie's pi 179:16
manager [] 220:21
220:23 224:6 224:9 230:14 230:15
manufactured pi 202:15 202:25 233:23
manufacturer [i] 223:11
manufacturing pi 231:16 234:17
mapp] 177:13 190:2
March p]
205:9
205:10 212:5 212:12
213:12 213:14 213:16
214:5
Mark PI 205:5
177:2
marked [i] 177:3
Martinis]
216:12
216:13 216:15 219:5
234:11
Mary [Si
173:24
176:19 244:21 245:5
245:18
materials [i] 221:3
matterti]
187:19
may [7] 189:18 190:8 190:11 190:12 226:1 235:8 235:9
Mayauskypz] 182:25 187:8 187:20 188:2
189:11 190:9 190:15 191:2 191:19 192:18 192:22 193:8 193:8
193:16 193:22 202:3 202:20 203:15 208:19 213:1 213:6 219:14
mean p<]
177:7
186:16 204:19 211:14
212:20 213:11 216:8
217:8 221:22 230:23
231:12 233:23 234:14
235:1 236:17 240:20
Meaning pi 203:10
media pi 238:15
236:22
meetp] 188:22 190:20 236:25
meeting p7] 182:1 182:2 182:22 182:23 183:1 183:3 183:6 183:8 183:11 183:18 187:20 191:3 191:20 192:1 192:22 192:23 192:24 199:23 199:24 208:17 212:14 212:23
213:1 213:6 213:25 236:10 238:4
meetings [37] 179:7
179:9 180:24 182:9 184:2 186:17 186:21
186:25 187:6 187:9 187:12 187:23 189:4
192:12 192:17 193:5 193:7 193:13 193:14 193:24 194:25 200:23 207:23 208:12 209:6
209:9 209:13 209:15 209:19 209:20 209:25 234:24 235:25 236:1
236:4 236:14 236:18
members [i] 231:21
men PI 201:19 203:6
mention pi 200:8 219:8
mentioned [li] 195:16 203:6 206:5 209:10
214:2 220:21 222:15 229:8 233:16 234:12 238:2
met [I*] 186:13 188:8 188:17 188:25 189:11
190:16 190:23 191:2 191:5 191:25 201:6 203:15 212:18 212:22 213:14 213:16 213:18
213:20
MICHAEL [i] 174:15
might [9]
187:15
194:1 206:12 222:15
223:23 225:13 240:19
241:3 241:25
migrated pi 205:15 205:16
Mike pi 205:5 224:13
million m 196:12 196:15 196:25 197:5
206:5 229:13 229:15
mindp] 181:14 216:16
Mine [i]225:l6
minor [l]
230:4
minute [i]
223:13
minutes pi 238:6
Missionary [ii 195:20
misspeaking [i] 190:12
misunderstood pj 184:15 242:3
Moderate-size pi 180:5
molds [i]
217:13
money pi 210:19
195:16
moneys pi 220:16
monitored pi 206:22
Monsanto [] 173:8
176:7 177:19 178:7 180:2 180:5 182:19
182:21 183:5 185:18
186:21 187:7 188:8 188:14 190:10 192:19 195:21 196:13 200:21
205:2 209:4 209:5 210:22 211:21 216:18
220:5 220:13 221:1 221:9 223:10 223:20
224:2 224:7 224:18 225:10 225:13 227:14
232:20 238:19 239:1 239:13 239:19 240:3 240:4 241:9 241:19 241:21 242:5 242:8
Monsanto's [ij 190:23
Montgomery pi 187:14 197:22
month [Z] 198:6
198:2
months pi 181:7 182:6 222:7
Moore pi
174:15
Morris []
192:12
194:22 199:20 201:7
203:7 229:9
most pj 196:11 234:9
241:17
motel [1]
197:18
moved pi 180:11
180:10
moves [i]
180:8
moving pi 185:16
Mrspoi 177:12 177:24
179:3 182:5 184:7 185:19 186:9 187:4 187:21 194:23 195:22 196:10 198:11 199:8 201:4 201:14 207:24 211:24 214:23 217:24 218:8 218:12 219:20 219:25 221:11 226:4 227:1 236:13 240:7
242:3
MS pi 174:6 225:18
MullisS [1] 174:15
multiple [i] 222:18
must pj 181:22 185:22
N [l] 175:1
name [S] 179:16 188:21 216:22 219:8 239:15
named [i]
244:9
names pi
179:20
219:9 231:21
Naturalize? pi 226:11
nature [i]
242:13
NCR[i] 222:24
near [i] 219:24
necessarily pi 196:4
needpi 212:25
needed [5]
182:12
182:13 194:8 196:4
201:12
negotiate pi 199:21
negotiating pi 194:21 194:22
negotiations pi 199:20
neighborhood pi 213:2
neighbors pi 212:21 213:7 213:15
neither pi
245:10
never [q
210:10
226:1 227:21 229:6
new pj 195:10
newspaper pi 186:18
next [i] 185:4
NO. p] 173:6 176:6
none [l] 227:24
nor [3] 245:11 245:11 245:12
north m 174:13 174:16 174:17 204:23 204:24
205:13 205:15
northern p] 173:1 176:1 220:16
Notary p]
176:20
244:22 245:5
note pi 185:22 242:21
notes pj 245:9
nothing pi 222:9
NOTICE pi 176:13
November pi 184:12
nowp2] 177:24 182:17
184:6 185:22 199:7 204:10 214:2 219:20 221:25 227:3 232:1 234:12
number^] 189:14
189:18 189:20 189:22 190:6 226:24
OATH pi 244:1
175:7
Object [*] 180:3 187:22 196:3 198:3
216:19 218:2
objection p] 180:6
obtained pi 213:22
obviously pi 187:25 216:10 233:23
occasion p] 201:19 222:8
occurred pj 212:10 235:23
October pj] 181:14 181:22 181:23 181:24 181:25 182:1 182:2 182:3 182:4 183:14
192:15 204:12
0dd[l] 178:17
Off [ill 204:14 204:20
205:6 205:16 210:19 210:20 222:11 222:12
227:20 229:23 230:12
off-migration pj 207:17 214:24
offerer] 185:8 194:15 195:21 200:5 200:7 200:11 202:22
offered pi 195:12
195:8
offering pi 195:23
offers [l]
194:15
office p]
179:19
237:6 238:11
official pi 244:12
officials [4] 186:23 215:4 236:15 236:15
often [4] 197:9 197:13 197:16 197:24
oilp] 228:10
oldpi 216:24 217:1 221:2
oncep] 197:22 198:1 198:6
one [24] 177:16 178:15 180:10 183:6 188:5 189:6 193:4 193:22 195:2 196:18 197:17 197:21 197:25 199:22
211:15 222:8 225:21 227:7 229:23 232:1 236:24 238:16 238:20 242:21
onespi 183:25 231:23 231:25 233:6 240:6
241:10
Index Page 4
SCLAFANI WILLIAMS COURT REPORTERS, INC.
HARTOLDMON0044530
JUNE 15,1999____
ongoing [i] 234:17 paying [i]
220:24
ontO[i] 231:10
operating [l] 217:9
opportunity [i] 212:8
Opposed [i] 235:19
options [2] 225:3
224:25
oral [I] 176:14
orderedm 245:19
organization [i] 231:16
original [i] 242:21
Osmosis ii] 213:24
outcome [i] 245:12
outsider 190:1 196:18 223:14 229:20
oversee (i] 231:18
own p] 183:14 185:23 221:1
PCB [U]
188:15
214:24 223:19 227:4
227:8 227:10 228:17
228:24 234:1 234:6
236:23
PCBs [45]
187:25
188:2 196:2 196:6
202:14 202:24 202:24
203:9 203:12 205:15
205:18 206:16 206:20
211:17 214:24 216:12
216:14 216:18 217:5
217:12 217:15 217:25
218:7 218:19 218:24
219:6 220:3 222:19
226:15 227:6 227:14
227:19 228:15 228:22
229:8 229:22 232:8
232:9 232:12 232:16
232:18 233:17 233:24
234:10 237:20
owned [3]
189:23
238:21 240:15
P-I-E-R-L-E [i] 178:15
P.Cni 174:4
p.m[i] 242:20
package [6] 192:25
193:1 193:6 193:15 193:17 225:2
packages pi 189:21 190:1
page [15]
175:2
175:6 177:11 177:13
178:23 181:20 183:13
185:5 185:22 189:17
190:3 201:24 203:21
243:1 243:6
paid p] 200:22 225:4
paper [t]
194:18
paragraph [3] 185:5 201:25 203:22
parathion p) 206:25
207:1 207:8 207:16 207:17
parcel [l]
185:25
partpj 178:20 179:2
179:6 185:25 214:9 220:24 225:1 230:4 231:12
participants [3] 189:20 189:22 209:4
participate [4] 194:20 207:23 221:6 234:24
particular [6] 205:19
211:14 232:6 235:6 235:8 236:2
parties [1]
245:11
parts m 196:12 196:15 196:24 197:5 229:13 229:15
party [2] 208:22 245:11
past[il 211:17
Pasula [2] 240:7
236:24
pay [4] 220:13 220:18 221:10 224:23
people [4] 179:11
180:11 180:13 180:25 182:18 183:10 184:3
185:15 185:18 186:25
187:6 189:15 189:23 190:1 190:23 191:8 191:14 191:20 192:8 192:20 193:6 193:8
194:7 194:11 194:13
194:16 194:18 194:21 194:22 198:17 199:3
199:7 201:23 203:16 204:8 210:11 212:20 216:1 220:24 221:5 221:8 221:13 222:16 233:1 236:19 240:19
per [6] 196:12 196:15
196:25 197:5 229:13 229:15
perhaps m 184:11
period [3]
208:25
230:6 230:20
peripheral m 189:3
perks [1]
224:22
person p] 218:18
197:14
personally pj 232:11 244:10
Ph.D.S[i]
190:16
phone pi 199:5
199:1
phonetic [i] 216:25
physical [i] 203:10
physically P] 194:17 199:9
pick[i] 209:23
picked []
183:21
183:25 229:18 229:19
229:24 231:9
piece p] 238:21 238:22
pieces p]
194:18
209:23 236:8
Pierlep]
178:14
179:10 179:11 183:25
214:15
piles [i] 229:23
CondenseltTM
pin [1] 219:24
pipe[l] 217:14
place [is]
187:12
189:9 189:12 191:4
192:24 193:15 200:24
208:23 209:16 214:12
214:23 215:3 215:5
228:13 228:16 228:18
233:10 235:23
placed [i|
231:10
Plaintiffs [5] 173:5 174:2 175:3 176:5 176:16
Plaintiffs' [7] 175:17 177:3 177:7 177:16 185:6 193:2 203:21
planp] 177:25 178:21
planning m 184:9
plant [46]
194:5
198:17 202:15 202:25
204:23 204:24 205:13
205:16 206:21 207:5
207:10 207:21 208:19
212:15 214:3 214:4
214:8 214:12 214:19
214:23 215:3 215:8
215:25 218:6 219:24
222:10 222:16 223:17
223:19 223:20 226:20
227:13 227:20 227:21
228:6 229:3 231:13
231:14 231:15 233:9
233:18 233:23 234:16
234:19 236:25 237:18
plant's [l]
234:18
plants [5]
188:16
227:5 227:6 227:9
228:21
playp] 179:2
pleasure p] 190:10 190:13
plenty [i]
186:16
point p] 184:10 191:22 198:25 204:22 205:1 217:16 235:13
policy p]
242:2
242:5 242:9
polychlorinated [i] 202:13
pond pi 184:17 237:16 237:17
portion p] 220:14
196:18
position P] 188:13 224:4
possible [1] 185:19
potential p] 216:20 217:1 219:6
Power [6]
238:19
238:20 239:6 239:16
240:2 241:3
practice pi 241:16
preacher [i] 199:23
preceded [i] 230:22
preference p] 210:7 210:9 210:10
preferred p] 210:5
ongoing - Recess
210:18
presence pi 207:8 present [i] 199:24
presentation p] 182:25 183:2
presented [i] 204:12
presenting [i] 192:19
pretty p]
206:15
207:12 230:4
previously p] 177:18 202:21 212:5
Price [i] 205:5 primarily [i] 207:2
priorities pi 223:18 223:21
privileges [i] 224:22
problempi 233:14 234:6 236:23 241:14 242:13
procedure p] 176:18 176:18 199:17 241:22
proceeding [l] 187:4
proceedings p] 176:19 176:25
process [4] 217:11 217:15 218:16 218:20
processes pj 218:1 218:8
products [i] 206:25
Professional pi 176:20 245:5
programpi] 177:20
179:3 179:5 181:6 182:5 183:21 185:23
185:24 189:7 189:8
189:12 189:16 190:25 192:4 192:7 196:14
204:12 213:3 213:8 227:9 231:8
programs p] 180:18 185:13 204:9
project pj
198:15
206:1 206:11 220:21
220:23 230:15 237:24
240:16 240:20
properties [5] 180:23 194:23 200:18 203:9 211:18
property [4] 177:20 177:21 182:12 182:13 182:19 182:21 183:14 183:15 184:22 185:20 185:23 188:3 188:3 188:4 189:8 189:23 190:25 192:5 193:10 194:4 194:8 195:11 195:24 195:25 196:1 196:5 196:6 196:8 196:10 196:15 196:24 197:8 197:11 201:6 201:21 202:6 202:13 213:3 213:7 219:24 221:2 238:21 238:22 239:1 239:20 240:15
proposal [l] 183:11
prove [i]
220:2
provide pj 185:17
225:9
PRPsri]
221:4
Prudential [13] 179:11
179:12 179:12 179:22 180:1 182:24 184:3 185:12 185:25 189:14 193:6 204:2 204:4
Prudential's [i] 204:7
public [5]
176:21
178:4 240:8 244:22
245:5
pumps [l]
222:23
purchase [i i] 177:20 189:8 190:25 192:7 193:10 200:12 201:6 201:11 202:22 213:3 213:7
purchasing [i] 192:5
purpose [6] 182:10
187:18 187:20 187:23 204:5 236:4
purposes p] 176:16 177:21
pursuant p] 176:13 176:17
put [17] 181:9 181:10 182:5 182:6 185:10
185:17 186:1 189:9 189:12 192:4 192:15
192:25 193:15 213:3 228:16 233:9 234:1
putting [4] 179:3 179:4 180:15 191:7
puzzled [i] 189:24
Queeny [i] 223:17
questions [n] 178:24
203:23 223:17 240:1 240:7 240:16 240:19 241:3 241:11 241:13
241:25
quickly [l] 185:18
Rp] 173:4 176:3
raining [i]
184:12
ranp] 242:8
RCRA []
208:14
209:10 210:6 210:14
210:17 210:20 235:19
237:15
reacquired [i] 239:19
read m 178:23 186:18 203:22 233:2 233:3 233:7 243:2
reads [i] 243:19
real PI 179:21 200:16
really [4]
183:7
183:12 187:19 206:23
rearm 229:9
reason [i]
180:22
182:14 195:23 201:5
228:7 233:9 233:13
243:6
reasonable p] 198:7 206:15
receive m
185:9
Recess [I]
223:15
SCLAFANI WILLIAMS COURT REPO!ENTERS, INC.
Index Page 5
HARTOLDMON0044531
recommended - Stewart
Irecommended [i] 185:23
record [3]
222:11
| 222:12 245:9
recordings [i] 245:9
recycler [i] 221:2
refer [I] 242:14
reference [2] 232:22 233:20
referring m 192:23
|reflected[i] 193:2
Registered [2] 176:20 245:5
regular [i] 199:2
[regulate (i] 228:15
regulated [3] 210:12 210:12 219:22
|regulators [i] 235:1
regulatory m 178:1 203:12 208:1 214:8 214:12 215:2 220:7
relates [i]
215:3
relationship [2] 234:13 234:18
relative [i] 245:11
relocate [i] 180:13
relocation [3] 179:23 179:25 180:1
remained [i] 234:17
remaining [i] 206:15
remedial [i] 224:10
remediate [i] 239:13
remediating p] 180:20 208:15
remediation pq
177:21 182:13 184:8 184:16 184:23 194:4
195:25 201:13 201:14
201:22 203:19 205:21 224:6 224:9 224:10 229:4 231:12 239:8
remember [72] 178:2
1 178:6 179:17 179:20 181:7 181:18 183:4
183:7 183:12 183:19 183:23 185:11 186:2 186:13 189:2 192:10 192:16 193:16 194:17
195:9 195:11 196:11
196:16 197:7 197:23 200:3 200:14 200:15 200:18 200:23 202:7 203:2 204:3 204:25 205:5 207:11 208:8
208:12 208:17 208:18 208:24 209:6 209:11 209:13 209:20 209:24 211:2 211:4 211:6
214:9 215:10 215:12 215:25 217:22 218:9 218:10 218:15 218:21
219:9 222:10 228:12
229:10 229:16 230:2
230:9 230:11 231:23 236:12 237:13 237:22
237:23 237:25
report [q
215:22
227:15 227:18 227:23
228:7 228:9 231:14
245:7
reported p] 232:1
Reporter [4] 175:7 176:20 244:1 245:5
REPORTER'S m 175:8 245:1
Reporters p] 176:22
reporting pi 227:8 227:11
reports [i] 231:15
representative PI 182:2 195:20 197:10
representatives pj 182:24
requested p] 245:8
required p] 241:20
requirement pj 227:14
227:16 227:17 228:5 231:17 241:22
requirements p] 228:13
residential pj 183:15
residents pi 190:24 191:2 192:25 193:17
201:23 202:11 212:15
212:19
responding pi 240:7 240:18
response [l] 223:16
responsibility PI 230:16 234:18 234:22 240:1 241:2
responsible pj 227:12 240:6 241:10
iestp] 198:8
results pj
202:8
retire p]
226:6
retired p]
226:5
Reverend p] 195:2 195:5 199:25 201:7 202:4 202:18 203:7
review pj
245:8
ridp] 227:9
ridep] 237:8
right [7] 177:23 198:11 207:20 219:7 232:1 232:10 242:17
Rinaldi p] 231:23
roadp] 236:25 237:9
Robert p]
199:2
214:6 219:17 219:20
222:6 222:7 230:23
231:1 234:21
Robert's pi 219:19
role [i] 179:4
roll [i] 193:6
rolled pj
181:13
Ronnie pj 239:15
roomp] 197:18
RPRp] 173:24 244:21
Renee [i]
188:20 Rules p]
176:17
CondenseltTM
176:18
rummage [i] 225:23
rummaging [i] 225:14
rumor [i]
234:6
rumors pj
233:16
233:20 233:21
run [2] 221:10 241:8
S[l] 174:11
Saint [3] 224:1 226:9 226:10
sake[l] 198:12
samples [2] 228:3
212:7
sampling [9] 202:9 204:11 204:13 204:17
204:19 204:22 205:8 215:21 216:2
|sand[i] 217:11
Sarasota [6] 176:23 243:4 244:5 245:3 245:14 245:14
Sat [3] 179:7 179:9 237:10
Sauget [i]
226:16
saW[i] 181:24
says [3] 181:21 189:18
school [i]
Sclafani m
185:6
198:8 176:22
scope [i]
206:11
sealp] 244:12
scatp] 237:11
second [2] 185:5
176:23
secondhand p] 187:3 187:5 233:17
section p]
215:21
sediment p] 216:7
seep] 194:11 197:9 197:14 199:7 211:8 237:17
sell [4] 182:19 182:20 185:18 185:23
sent [2] 183:11 189:21
sentence p] 185:4
sentences p] 185:5
separation p] 224:8 September p] 184:12
[seriously pj 234:22
serves pj service pj 228:9 setp] 237:6
setting p]
seventy [i]
Severalp]
severance p] 225:10
shaping p]
shared p] 236:19
228:25 228:8
241:7 210:5 224:19 181:7 225:2
178:20 224:24
Sherry pj
180:9
Shoe [I] 226:7
Shoes p]
226:14
shooting P] 184:22
show [l] 177:6
showed p] 237:10
198:6
sick [l] 222:9
side [7] 184:17 194:4 204:23 204:24 205:13
205:15 213:5
Sign pi 183:20 185:6 204:8
sign-up p] 185:2 185:9 203:25
SIGNATURE p] 175:6 243:1
SIGNED pj 243:21
signing p] 185:15
similar p] 202:3
202:10
site [59] 180:10 197:17 198:4 199:8 199:12 200:13 200:13 204:14 204:20 205:16 206:17 207:21 207:25 208:4 208:6 208:11 208:14 208:16 209:10 209:11 210:3 210:15 210:15 210:25 211:2 211:25 214:3 214:4 214:13 214:19 214:23 215:3 215:8 222:10 223:19 229:4 229:24 230:12 230:18 230:25 231:9 231:13 231:14 235:13 235:19 235:20 236:2 237:1 237:10 237:14 239:8 239:14 241:4
241:9 241:15 241:18 241:20 241:23 242:6
sites po]
200:19
206:19 208:15 222:17
227:23 234:16 234:19
235:2 241:9 242:9
sitting p]
214:22
218:11 237:6
situation p] 186:5 186:8 219:21
situations pj 220:20
220:22
S'IX [4] 178:23 183:13 185:5 185:22
sizep] 206:11 209:22
slight [l]
190:18
small pj
236:8
smaller pj 227:23
Smith [io]
173:24
174:4 174:15 176:20
231:24 239:15 240:11
244:21 245:5 245:18
Snow pj
215:14
215:17 215:19
soilp] 228:3 229:19
Solutiap] 220:5 224:3 224:5
someone p] 217:25 220:17 221:17 222:15 240:17 241:4 242:12
JUNE 15,1999
sometime pi] 181*13 187:11 191:1 200:25 207:24 208:24 212:11
213:2 218:5 230:7 237:3
\
1
somewhere p] 195:10 228:6
soonpj 213:13
Sony [4] 186:6 223:2 236:17 240:22
sort [4] 198:9 199:17 222:25 223:5
SOUghtp]
220:17
sound p]
206:6
206:7 206:9
sounds [l]
206:15
source PI
217:2
218:24 219:19 220:1
220:8 221:18 222:1
222:2 223:5
sources PI 219:6
216:20
south p]
207:4
207:9 207:12 207:19
212:1 220:15 237:15
southern p] 235:13
SouthTrustp] 176:22
specialized p] 180:15
specific m 186:2 200:19 209:6 209:24 211:2 213:24 219:9
specifically p4]
185:11 203:2 204:3 205:7 206:20 213:19 217:22 218:9 218:15 222:19 232:17 233:21
237:22 241:12
specifics p] 202:7
spelling pj 178:18
standard p] 199:17
Starp] 186:18
Start p] 184:16 191:23
startedp] 184:11 184:18 191:19 192:1
194:6 196:14 204:8
228:12
starting pj 184:9
state [i<]
176:21
186:13 186:15 186:22
208:1 210:2 210:12
215:4 215:9 220:6
221:16 221:20 244:4
244:22 245:3 245:5
statement [4] 182:15 218:18 218:19 218:23
STATES pi 173:1 176:1
stenographic p] 245:9
stenographically p] 245:7
Stepp] 223:14
Steve pj
231-.24
Stewart pi] 174:3 174:4 177:2 177:5
218:3 222:11 223:13
Index Page 6
SCLAFANI WILLIAMS COURT REPORTERS, INC.
HARTOLDMON0044532
JUNE 15, 1999
225:20 226:2 242:17 242:22
Sticks [1]
181:14
Still [3] 217:8 223:25 225:24
stock pj 225:3
224:25
storm pi 201:21
201:16
street [j]
174:8
174:13 174:16 176:23
236:8
studies [4]
232:13
232:19 233:2 233:3
study pi
232:4
232:6 232:7
Stuff pi 196:11 217:14 227:10
subcontractor [t] 242:15
Subject [i] 243:18
subjects [i] 188:5 substation [tj 238:24
success pj 224:24
such pi 211:6 213:25 213:25
Suite pi 174:9 174:16
suits P] 220:12 220:19
summer pi 184:18 184:19 191:24 200:25 201:3 201:20 203.6
212:16
supervisor pj 224:12
swap [i] 238:19
SWIFT w 173:4 173:4 176:3 176:4
sworn [t]
244:11
tagpj 220:1
tail[i] 219:25
taking p] 245:6
176:13
teamp] 231:22
technology p] 224:6 224:9 224:10
telling pi 218:11
202:11
tenp] 196:12 196:15 203:21
test [1] 228:5
testimony pi 194:14 207:15 243:19
testing [is] 191:18 191:21 205:12 210:24 211:3 211:23 212:4 214:19 215:17 215:19 215:23 216:1 216:6 216:17 235:12
tests p] 215:13 228:3
Texas pi
174:9
Thank [i]
223:12
themselves p] 216:1
theory pi 221:23
221:21
therefor pi 243:6
176:19
thereof p]
245:9
THEREUPON pj 176:25 242:19
third-hand pj 187:19
thirdhandpj 233:17
thousand p] 224:19
thousands pi 229:13 229:15
throe pi 189:17 201:24 203:6
through p] 223:7 225:14 225:24 231:15
throughout p] 207:5
tiesp] 177:18
timing pj
184:5
title p] 224:7
today pj
194:14
214:22 218:11 218:23
223:24 224:14 225:5
together ti2]
179:5 180:15 182:6 182:7 192:4 192:15
193:15 213:4
179:3 181:10 191:7
192:25
toop] 180:21
took pa] 185:14 185:15 191:3 193:15 200:23 214:23 215:3 215:4 228:9 230:17 234:22
235:23 237:1
top pi 229:21
topic p] 209:21
Tones pi
174:7
TOSCApi 227:16 227:17 227:18 228:13 228:16 228:17 228:20
touches p] 181:10
tour pj 237:1 238:8
toward p]
239:7
townp] 186:19
toxicity p] 203:11
toxicologist [3] 186:12 186:14 203:20
trailer pi
237:7
transcript [4] 243:5 245:8 245:8 245:19
transfer [i] 222:23
transformer p] 228:8
transformers pi 227:10
trial p] 176:17
true [4] 224:14 234:21 241:24 245:8
tryp] 225:12 225:22
trying pj
242:4
Tulip] 216:24 217:1
twenty [i]
238:5
twenty-five p] 196:24
two pi] 175:17 177:2
177:3 177:6 177:8 177:13 178:19 185:4 185:6 193:3 193:5 199:23 201:25 203:8
203:22 205:6 206:13
CondenseltTM
229:23 230:4 236:3 239:25
two-year [2] 208:25 230:6
type [3] 188:15 217:14 227:4
undent]
216:23
undersigned it] 244:8
understand [16] 178:8 187:18 187:24 188:13
1 188:25 204:5 208:5 210:4 210:5 211:18 213:10 213:15 215:23
217:19 218:17 239:21
understood [3] 188:5 206:8 217:14 233:19 235:4
underway [t] 204:11
UNITED pi 173:1 176:1
unpacked pj 225:25 226:1
unreasonable pj 206:6 206:7 206:10
Up [25] 178:8 181:5 183:20 183:21 185:7 185:15 196:17 197:21 198:1 198:6 198:10 204:1 204:2 204:8 209:23 217:12 229:18 229:19 229:24 231:9 231:15 237:6 237:15 239:1 241:7
used [5] 217:5 217:11 217:25 218:7 218:19
uses [4] 222:17 222:18 223:8 223:9
vp] 173:6 176:6
vacant pi
183:15
vacatep]
236:7
vaguely p] 217:7
211:6
view pj 237:16
VOLUME p] 173:13 176:12
volumes p] 226:15
Wp] 174:3
walked [i] Wartel CU waste [i]
237:7 180:9 234:1
wastewater [i] 227:19
water pi 201:21
201:16
waxp] 217:12 weather pi 238:3
Weatherly [t] 200:1 200:2 201:7 202:4 202:18 203:8
week [i] 197:22
wells p]
207:4
207:11
west p] 211:25
west-end [i] 197:13 212:2 220:15 229:20 233:10 238:23 239:8
240:21
Westinghousep] 197:13 232:20 241:22 241:24 242:2 242:9 242:15
White pj
174:12
Whittington p] 199:22 199:25 200:15 202:17
WILLIAM pj 174:11
Williams pi 176:22 232:1
windp] 239:1
wise [I] 234:6
within pi 228:25
227:14
witness pa] 175:2 184:20 195:7 201:18 207:14 209:17 212:24
218:5 225:16 225:19 226:1 229:2 230:13 235:24 239:23 244:9 244:12 245:6
Woburn p] 229:3
words pi
222:10
worked poi 180:9 182:5 224:18 227:7 227:21 232:21 239:16 239:18 240:5 240:11
wrong p]
189:24
Xp] 175:1
Yarep] 223:24 224:3 224:4
year [5] 204:18 224:17 224:20 227:24 228:7
years p] 205:6 206:14 230:4 231:8
yesterday [i] 217:24
yourself p] 222:4
Zebp] 200:3 200:4 201:7
SCLAFANI WILLIAMS COURT REPORTERS, INC.
Index Page 7
HARTOLDMON0044533
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PLAINTIFFS EXHIBIT SI
fkrSof\
Monsanto Property Purchase Program
Company
Anniston, Alabama
DSm 0^012^
HART OLDMON0044535
I
Description
Page
Letter from Monsanto....................................................................3
Introduction.............................................................
4
Program Area................................................................................. 5
Who is Eligible?............................................................................ 6
Summary of Program Benefits.....................................................7
Offer for Home Owners & Rental Property Owners................. 8
Offer for Vacant Lot Owners..................................................... 12
Offer for Renters.......................................................................... 14
Questions and Answers...............................................................15
The information contained in this booklet provides a description ofthe Monsanto Property Purchase Program. It is not an offer to buy property.
Monsanto Property Purchase Program
DSW O^Q125
> '
HARTOLDMON0044536
Dear Neighbor,
As you may be aware, Monsanto has recently been sampling soils in the area. We have found some polychlorinated biphenyls (PCBs) on our property and on some adjacent areas. PCBs are chemicals which were manufactured at the plant from the 1930s until 1971. We are currently working with the Alabama Department of Environmental Management to develop a plan to manage the situation.
In anticipation of those plans, there are certain residential properties and privately owned vacant lots we would like to purchase, near or adjacent to our property. Monsanto is offering to purchase these properties within the "program area," as shown on the map on page 5. The details of the purchase offer, plus a range of relocation assistance features, are explained fully in the enclosed program handbook.
As you look through the program handbook, please note the eligibility requirements for both property owners and renters who choose to participate in the program and relocate outside the "program area."
The details of the program include: a purchase offer for your property bonuses, available in certain cases assistance for current renters miscellaneous expense allowances, and relocation, services available to you through the new Information Center
We realize that relocating is a difficult decision, and you will want to take time to consider the advantages of the program being offered. Either way, the decision whether or not to participate is yours. To help provide you with any information you may need, we have opened an Information Center with representatives available to review the entire program with you at your convenience. In addition, you may contact our "Answer Line" at 1-800-544-2932 ext. 2711, or contact us at Monsanto at 231-8501.
Sincerely,
Jack Mayansicy Plant Manager
Monsanto Property Purchase Program
OSw (K0L2o
pa-^c s
HARTOLDMONOQ44537
Introduction
The Monsanto Property Purchase Program (Program) is a program provided by Monsanto to enable you to sell your property and relocate, if you so choose. The details of the Program are contained in this booklet.
Easy access to the Program is provided through our Information Center, staffed by Prudential Residential Services, located in the trailer set up in the Monsanto parking lot. The Information Center will be staffed by a representative who is available to meet with you privately to go over all of the features of the Program and will assist you in understanding Program options available to you.
The Information Center will also provide you with information about homes for rent or purchase in the area. A representative can put you in touch with local real estate professionals who can help you identify your housing options.
A representative will be at the Information Center starting October 6, 1995. Through October 21, the Center will be open Monday through Friday from 8:30am to 5:00pm and evenings and weekends by appointment. Please feel free to contact the Information Center at (205) 231-8508. After October 21, a representative will be available at the Center one day each week and by telephone at other times via the Center number.
\
Monsanto Property Purchase Program
DS <KQ12 7 page 4
HARTOLDMON0044538
The Program applies only to the residential properties and privately owned vacant lots located within the program area. The program area, defined in the map below, is that area generally to the north of Rl 202; to the east of Clydesdale Road; to the south of 10* Street; and, to the west of the property line depicted on the map below:
Monsanto Property Purchase Program
page!
HARTOLDMON0044539
Who is Eligible?
Property owners You are eligible for the Program if yo~u own. residential property (see pages 8-11) or vacant lots (see pages 12-13) in the Program Area (shown on the previous page), as of October 2, 1995.
If you are a property owner, you may sign up for the program until February 2, 1996. To sign up, just contact the Information Center and ask to arrange for an independent appraisal on your property. If you sign up for an appraisal by December 1, and you decide to accept an offer, yon will also be eligible to receive an early appraisal sign-up bonus.
Requesting an appraisal does not commit you to sell your property. Having an appraisal completed simply allows the Information Center to present you with an offer for your property. Once you have received your offer, you can choose whether or not to accept it.
Note: You must sell all property you own in the Program Area to be eligiblefor Program bene/its.
Renters Renters may be eligible to receive a miscellaneous expense allowance under the Program (see page 14).
\
Monsanto Propeny Purchase Program
OSH CK0I29
page 6
HARTOLDMON0044540
Summary of Program Bcnefi
Home Owners and Rental Property Owners . Appraised value for your property Premium payment (an amount in addition to the appraised value) Miscellaneous expense allowance Early appraisal sign-up bonus Legal assistance and tax advisor allowance Full payment of normal and reasonable closing costs - An option to remove some property improvements Equity advance assistance - Relocation services
Vacant Lot Owners Appraised value for your vacant lot(s) Premium payment (an amount in addition to the appraised value) - Early appraisal sign-up bonus Legal assistance and tax advisor allowance Full payment of normal and reasonable closing costs
Renters Miscellaneous expense allowance Relocation services
Monsanto Property Purchase Program
OSw CKO 130 page 7
HARTOLDMON0044541
Offer for Home Owners & Rental Property Ownerjs
The Offer The offer applies to home owners living in the program area and landlords owning habitable rental property in the program area. Unoccupied, habitable residences will be treated as rental property.' The offer consists of four payments and one potential bonus:
payments the appraised value the premium over appraised value
. 75% of the appraised value for owner-occupied home owners . 50% of the appraised value for rental property owners the miscellaneous expense allowance . S4,000 for owner-occupied home owners . $1,000 for rental property owners the legal assistance and tax advisor allowance^ $ 150
potential bonuses the early appraisal sign-up bonus, $3,500
'
Appraised Value If you are a home owner or landlord, the first part of your offer is an "appraised value" for your property and the improvements on it (such as a home, garage, outbuilding, etc.). The appraisals are done by local independent appraisers and are arranged by the Information 'Center. The list of approved appraisers includes local, actively practicing appraisers who are certified by the Alabama State Real Estate Commission.
The first step is for you to meet with a representative at the Information Center so you can select two appraisers from the approved list The Information Center will then contact the appraisers and have them visit your property. Each appraiser will independently develop a value for your property using a standard format (URAR 1004 6/93).
When the two appraisal amounts are calculated, your appraised value will equal the average of the two appraisals -- provided the lower appraisal is within 10% of the higher appraisal. If the difference is greater, the Information Center will arrange for a third appraisal. Then, the two highest appraisals will be averaged to make the appraised value offer.
\
Monsanto Property Purchase Program
OSW 0<i0L31
pages
HARTOLDMON0044542
Offer for Home Owners & Rental Property Owner^
j-.r
Appraisal Process - Examples In the chart below you can see how sample appraisal calculations arc made.
In example #1, the higher appraisal is 516,000. This means that the lower appraisal must be within 10% or 51,600. Since the two"appraisals are only 51,000 apart, a third appraisal is not required. The two appraisals are averaged to make the appraised value offer of 515,500.
In example #2, the higher appraisal is 520,000. This means that the lower appraisal must be within 10% or 52,000. But the appraisals are 54,000 apart. This means a third appraisal must be done. Now, out of the three appraisals, the two highest are averaged to make the appraised value offer.
Appraisal #1
Appraisal #2 Appraisal #3
Appraised Value Offer
Example #1
515,000
516,000 not required
515,500
Average of$15 ,000 and$16,000
Example #2
/.
3
516,000
520,000
SI 8,000
519,000
Average of$2C),000 and$18,000
Minimum Appraised Value In order to make the program attractive and practical for all eligible owner-occupied home owners, a minimum appraised value has been set at 510,000. The minimum value applies to any owner-occupied home occupied as of October 2,1995.
Offer Period Once the appraised value is calculated, you are presented with a written offer to purchase your property including a premium payment, miscellaneous expense allowance and any applicable early appraisal sign-up bonus. Once you receive an offer, you have 45 calendar days to accept. The offer contains conditions normal and customary to local real estate transactions, including a requirement that you, the seller, have valid title to the propel ry. Only written offers are valid under the Program. You are encouraged to review the offer with your family and friends, and to obtain advice from any others you wish. A legal assistance allowance of up to S150 is available to you for attorney and tax advisor fees to review program documents.
QSW 040132
Monsanto Property Purchase Program
page 9
HARTOLDMON0044543
Offer for Home Owners & Rental Property Ow ners
s
Premium Payment The premium payment is made at the closing of the sale and is intended to enable you to purchase property elsewhere. The premium payment equals 75% of the appraised value for owner-occupied"home owners, and 50% for rental property owners.
Miscellaneous Expense Allowance A miscellaneous expense allowance of 4,000 is provided to you at the closing of the sale if you are an owner-occupied home owner living in the Program Area as of October 2, 1995. The miscellaneous expense allowance is intended to cover moving and personal relocation costs for those who own and live on their own properties. In cases of multiple ownership, this payment will be made to the owner who occupies the home.
If you are a landlord, a miscellaneous expense allowance of Si,000 will be paid to you at the closing of the sale. This payment will be made whether the property is vacant or tenantoccupied. (See page 14 for the Miscellaneous Expense Allowance for Renters.)
Early Appraisal Sign-Up Bonus If you request an appraisal on your property on or before December l, 1995, you will receive an Early Appraisal Sign-Up Bonus of S3,500 at the closing of the sale.
V.
Obtaining an Equity Advance The Program will provide assistance in obtaining an advance on the equity in your property when you present a documented need to:
make a down payment on another property close a sale on a new home pay moving expenses or other related costs The Information Center representatives will assist you in obtaining an equity advance in such circumstances. This amount will then be deducted from your final payment upon closing.
\
Monsanto Property Purchase Program
OSH 0<t0133 page 10
HARTOLDMON0044544
Offer for Home Owners & Rental Property Owner
Closing and Vacating The Program pays for all normal and reasonable closing costs on the sale of your home. Real estate broker commissions and the cost to correct title problems are not covered.
Closing should be scheduled within four (4) months after you accept the offer. However, by prior agreement, and on a case-by-case basis, you may delay closing. The Information Center staff will arrange a mutually acceptable closing dale once you have accepted the offer. You are required to vacate the property prior to closing, removing all possessions and leaving the property "broom clean" and in a neat and safe condition.
Calculating Your Total Offer Example calculations are provided below for home owners and for owners of rental property.
Home Owner Sample Offer
Appraised Value 75% Premium Payment Misc. Expense Allowance Early Appraisal Sign-Up Bonus Total Offer
SI 5,000 11,250 4,000 3.500
533,750
Rental Property Owner Sample OfTer
Appraised Value 50% Premium Payment Misc. Expense Allowance Early Appraisal Sign-Up Bonus Total Offer
Si 5,000 7,500 1,000 1.500
527,000
\
Monsanto Property Purchase Program
DSW 040134 page li
HART OLDMON0044545
Offer for Vacant Lot Owners
The Offer This offer applies to private owners of a vacant lot or a group of contiguous vacant lots (parcel) in the program area. Condemned residences will be treated as vacant lots. The offer consists of three payments and one potential bonus:
payments the appraised value . the premium over appraised value -- 50% the legal assistance and tax advisor allowance
potential bonus the early appraisal sign-up bonus, S500 per lot or parcel
Appraised Value of Vacant Lot or Parcel
.
If you own a vacant lot or parcel, the first part of your offer is an "appraised value" for the
vacant land. The appraisals are done by local independent appraisers and are arranged by
the Information Center. The list of approved appraisers includes local, actively practicing
appraisers who are certified by the Alabama State Real Estate Commission.
The first step is for you to meet with a representative at the Information Center so you can select two appraisers from the approved list. The Information Center will then contact the appraisers and have them visit your property. Each appraiser will independently develop a value for your property using a standard format (URAR 1004 6/93).
When the two appraisal amounts are calculated, your appraised value will equal the average of the two appraisals -- provided the lower appraisal is within 10% of the higher appraisal. If the difference is greater, the Information Center will arrange for a third appraisal. Then, the two highest appraisals will be averaged to make the appraised value offer.
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Offer fo^ Vacuat Lot Owners
Appraisal Process - Examples In the chart below you can see how sample appraisal calculations are made.
In example #1, the higher appraisal is 52,100. This means that the lower appraisal must be within 10% or 5210. Since the two appraisals are only $100 apart, a third appraisal is not required. The two appraisals are averaged to malte the appraised value offer of 52,050.
In example #2, the higher appraisal is 52,500. This means that the lower appraisal must be within 10% or 5250. But the appraisals are $500 apart This means a third appraisal must be done. Now, out of the three appraisals, the two highest are averaged to make the appraised value offer.
Appraisal #1 Appraisal #2 Appraisal #3 Appraised Value Offer
Example #1
52,000
52,100 not required
52,050
Average ofl 2,000 and $2,100
Example #2 /,
52,000
52,500
52300
' 52,400
Average of1 `2,500 and 52,200
Premium Payment The premium payment is made at closing and is intended to help you to purchase property elsewhere. The premium payment equals 50% of the appraised value.
Early Appraisal Sign-Up Bonus If you request an appraisal on your property on or before December 1, 1995, you are eligible to receive at the closing of the sale an Early Appraisal Sign-Up Bonus equaling 5500 per lot or parcel.
Vacant Lot Owner Sample Offer
Appraised Value 50% Appraisal Premium Payment Early Appraisal Sign-Up Bonus Total Offer
52,400 1,200 500
$4,100
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Offer for Rente
Miscellaneous Expense Allowance A miscellaneous expense allowance of S3,000 per property is payable to the tenant whose landlord has accepted a program offer. Only tenants of the rental unit as of October 2, 1995 are eligible for this miscellaneous expense allowance. The miscellaneous expense allowance is paid to the tenant within two weeks of the landlord's acceptance of the offer.
Renter Sample Offer Miscellaneous Expense Allowance per Property
$3,000
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