Document NG9924w4Lw6nvOkDnoLOaQYwy

STATE OF ALABAMA IN THE CIRCUIT COURT OF CALHOUN COUNTY MARS HILL MISSIONARY BAPTIST CHURCH, et al., Plaintiffs, VS. MONSANTO COMPANY, et al., Defendant. CIVIL ACTION NUMBER CV-96-243 VIDEOTAPED DEPOSITION OF MICHAEL A. PIERLE Taken on behalf of the Plaintiff June 2, 1998 KRIEGSHAUSER REPORTING & VIDEO REGISTERED PROFESSIONAL REPORTER 314 NORTH BROADWAY, SUITE 810 ST. LOUIS, MISSOURI 63102 (314) 621-4408 FAX (314) 621-4533 3 1 APPEARANCES 2 3 The Plaintiffs were represented by Mr. John U. Barrett of the law firm of Barrett 4 Law Office, P.A., P. O. Box 987, Lexington, Mississippi 39095. 5 6 The Defendant was represented by Mr. Adam K. Peck of the law firm of Liqhtfoot. 7 Franklin & White, 300 Financial Center, 505 North 20th Street, Birmingham, Alabama 35203, 8 and Mr. Michael E. Kelly of the law firm of Smith, Helms, Mulliss & Moore, P. 0. Box 9 21927, Greensboro, North Carolina 27420. 10 Videographer: Gerard A. Kriegshauser, CLVS 11 12 13 INDEX OF EXAMINATION 14 15 EXAMINATION Exami nat i on by Mr. Barrett 16 PAGE ~B 17 INDEX OF EXHIBITS 18 Plaintiffs' Exhibits 1 - 36 were pre-marked 19 20 21 22 23 KRIEGSHAUSER REPORTING & VIDEO 2 1 2 3 4 5 6 7 8 9 N 10 11 12 13 4 14 15 16 17 18 19 20 21 22 23 STATE OF ALABAMA IN THE CIRCUIT COURT OF CALHOUN COUNTY MARS HILL MISSIONARY BAPTIST CHURCH, et al., Plaintiffs VS. MONSANTO COMPANY, et al., Defendant. CIVIL ACTION NUMBER CV-96-243 Deposition of MICHAEL A. PIERLE produced sworn, and examined on behalf of the Plaintiffs on June 2, 1998, between the hours of nine o'clock in the forenoon and five o'clock in the afternoon of that day at the Ritz-Carlton Hotel, 100 Carondelet Plaza, St. Louis, MO 63105, before Sheila L. Ford a Registered Professional Reporter and Notary Public within and for the State of Missouri. KRIEGSHAUSER REPORTING & VIDEO 4 1 o-O-o 2 IT IS STIPULATED AND AGREED by the 3 parties, through their respective counsel, 4 that the deposition of MICHAEL A. PIERLE, may 5 be taken before Sheila L. Ford, CSR, RPR, as 6 Commissioner and Notary Public in the State of 7 Missouri, on June 2, 1998, at 9:00 a.m. 8 9 10 IT IS STIPULATED AND AGREED that it shall 11 not be necessary for any objections to be made 12 by counsel to any questions except as to form 13 or leading questions and that counsel may make 14 objections and assign grounds at the time of 15 trial or at the time said deposition if 16 offered in evidence or prior thereto. 17 18 19 IT IS STIPULATED AND AGREED that notice 20 of filing by the commissioner is waived. 21 22 23 KRIEGSHAUSER REPORTING & VIDEO WATER PCB-SD0000040674 r 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 5 o-O-o THE VIDEOGRAPHER: Today is June 2nd, 1998. The time is approximately 9:14 a.m. This is the deposition of Michael A. Pierle in the cause of Mars Hill Missionary Baptist Church, et al., versus Monsanto, et al., pending in the State of Alabama in the Circuit Court of Calhoun County, Civil Action Number CV-96-243. And if the court reporter will please swear in the witness. MICHAEL A. PIERLE, lawful age, produced, sworn, and examined behalf of the Plaintiffs, deposes and says: MR. BECK: Usual stipulations? MR. BARRETT: Yeah. That's fine. EXAMINATION KRIEGSHAUSER REPORTING & VIDEO 7 1 similar position since April of 1991 2 from Monsanto Company, did you not? 3 That is correct. 4 And when there was a spin-off of 5 Monsanto's chemical division, you moved 6 over and became the vice president of 7 Environment Safety and Health for the 8 new company; is that correct? 9 That's correct. 10 And the new company is called Solutia, 11 Inc.; is that correct? 12 That's correct. 13 Now, explain to the jury, if you would, 14 please, about this breakup, about this 15 spin-off, in laymen's terms so that we 16 can understand it. What happened? 17 Basically it was a division of 18 Monsanto's businesses between the 19 chemical businesses that were operating 20 together inside the company, and the 21 other companies were what was viewed as 22 the life science businesses, the 23 agricultural sector, the pharmaceutical KRIEGSHAUSER REPORTING & VIDEO 6 1 QUESTIONS BY MR. BARRETT: 2 Q. Mr. Pierle, my name is Don Barrett. I'm 3 an attorney that represents the 4 plaintiffs in this litigation, Monsanto 5 in Anniston. I'll be asking you some 6 questions today. Ue can go ahead and 7 get started. 8 State your name for the record, 9 please. 10 A. Michael A. Pierle. 11 Q. And where do you live, sir? 12 A. I live at 801 Greenwich, 13 G-R-E-E-N-W-I-C-H, Green Lane in Town 14 and Country, Missouri. 15 Q. Is that a suburb of St. Louis? 16 A. Yes. 17 Q. What is your social security number? 18 A. 306-46-2942. 19 Q. And what is your occupation? 20 A. I'm currently employed at Solutia as the 21 Vice President of Environment Safety and 22 Hea l th. 23 Q. Now, prior to that position you held a KRIEGSHAUSER REPORTING & VIDEO 8 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 Q. 22 23 sector, and the food and nutrition sector. And what had evolved over time in Monsanto was a divergent set of businesses with different, really, interested shareholders, much different customers, and much different philosophies. And it was decided to split these businesses such that they could both maintain sort of their maximum value to their customers and in the marketplace. So on September 1 of 1997 there was a split, and the chemical businesses, which were about three billion dollars in sales were separated from Monsanto Company, took a new name of Solutia, and the balance of the company of nominally about five to six million dollars sales stayed as Monsanto Company. And it was Monsanto that decided what assets would go into this new company; is that correct? KR1EGSHAUSER REPORTING & VIDEO WATER PCB-SD0000040675 WATER PCB-SD0000040676 9 1 A. 2 3 4 Q. 5 6 7 A. 8 Q. 9 10 11 A. 12 Q. 13 14 15 16 17 A. 18 Q. 19 20 A. 21 Q. 22 23 Yes. All the decisions were made by Monsanto employees. We were all Monsanto employees up to September 1. Right. Along that line, your chairman and CEO of the new company is Robert G. Potter; is that correct? Yes. And he was formerly the corporate executive vice president of Monsanto; is that right? That's correct. Similarly, your president is John Hunter, and he's also chief operating officer and formerly he was president of fibers at Monsanto Company; is that correct? That's correct. So all of your executive officers came in a block from Monsanto? That is correct. What did Monsanto decide to do about its outstanding potential liabilities for environmental matters? KRIEGSHAUSER REPORTING & VIDEO 11 1 2 3 4 A. 5 6 7 8 9 10 11 Q. 12 13 14 15 16 17 18 19 20 21 22 23 A. some indemnity agreement that they agreed to pay any liability that would be assessed against Monsanto? I'm not fully familiar with all of the sections of the separation agreement. I was involved in the splitting of the liabilities on the environmental side. But I'm not a hundred percent sure what the mechanism was for sort of securing that division of liabilities. Okay. I looked at -- on the Internet. I had to get one of my children to look it up for me. But I looked at the Internet day before yesterday for both Solutia and for Monsanto, the remaining Monsanto Company. And I noticed that Monsanto -- excuse me - - I notice that Solutia -- I'm not trying to make you do a memory quiz for you here. I'll show you these documents -- but for the year ending 1997 had net sales of 2.969 billion dollars. Is that about right? Sounds about right. KRIEGSHAUSER REPORTING & VIDEO 10 1 A. 2 3 4 5 6 7 8 9 10 11 12 13 Q. 14 15 16 17 18 19 20 21 A. 22 23 Q. The Liabilities for environmental matters, we went through the process of trying to assign those to basically the businesses that were basically identified or associated with those liabilities. So those that were associated with businesses that were still in -- or prior had been in a life science sector stayed with Monsanto, and those that were associated with the chemical businesses were assigned to Solutia. Okay. And of course we're interested in the Anniston environmental situation. And do I understand from your testimony that Monsanto decided to give all of the liabilities that it may have in this litigation concerning the PCB discharges from the Anniston plant to Solutia; is that correct? They were -- That was the decision that was made. And did Solutia sign -- give Monsanto KRIEGSHAUSER REPORTING & VIDEO 12 1 Q. 2 3 A. 4 Q. 5 6 A. 7 Q. 8 9 10 11 12 A. 13 14 15 Q. 16 17 18 Q. 19 20 21 A. 22 Q. 23 And income before income taxes of 290 million dollars? Sounds about right. And with net income of 192 million; is that right? Uh-huh (indicating yes). Now, I noticed also -- then I'm going to compare this with Monsanto. But I notice that the total stockholders equity is a minus 131 million dollars; is that correct? I believe as we were spun, we were a negative equity company. That's correct. And just so the jury will understand this -- MR. PECK: Go ahead. -- Monsanto itself retained a positive equity or a -- equity is another way of saying net worth, is it not? Yes. That Monsanto retained for itself a net worth of shareholders equity of over 4.3 KRIEGSHAUSER REPORTING & VIDEO WATER PCB-SD0000040677 1 billion dollars, did it not? 2 MR. PECK: I'm sorry. Let me 3 interpose an objection. I 4 stayed silent on this because 5 I have the usual 6 stipulations, obviously by 7 allowing it I'm not conceding 8 this would be at all relevant 9 or material during this - 10 MR. BARRETT: I understand that. 11 Let me say now for the record 12 so this deposition will go 13 more smoothly, I understand 14 that you have the right to 15 reserve to object to 16 anything, whatever time we 17 offer to admit it. We may 18 not offer to admit it. 19 MR. PECK: I just wanted to -- I 20 felt compelled to say that. 21 MR. BARRETT: No problem. 22 (By Mr. Barrett) Mr. Pierle, Monsanto 23 spun off Solutia as a deficit company. KRIEGSHAUSER REPORTING & VIDEO 15 1 give away its liability for its past 2 conduct at Anniston but didn't appear to 3 transfer enough assets to pay for it, or 4 any assets to pay for it. Or is that a 5 simplistic way of looking at it? 6 I think what happened was that basically 7 we went through a logical assignment of 8 assets and liabilities. And what was 9 necessary at the time of spin was that 10 the shareholders and the market would 11 view both companies as successful 12 financial entities. While you have read 13 from the documents, which, you know, I 14 think the numbers speak for themselves, 15 the fact is both companies since that 16 split time have appreciated nominally 17 thirty percent or more in the market. 18 So I think the market view on all of 19 this is that the balance sheets and the 20 ability to produce economic benefits for 21 the shareholders in the future, both 22 companies are sound. 23 Is it your belief that the real value of KRIEGSHAUSER REPORTING & VIDEO 14 1 2 3 4 5 A. 6 7 8 9 10 Q. 11 A. 12 Q. 13 14 15 A. 16 17 Q. 18 A. 19 20 Q. 21 22 23 that is, it had more debt than it had assets given to it, but it retained for itself 4.3 billion dollars7 worth of equity; is that accurate? The number that you showed me is March of 1998, and the other number is December. So I'm not exactly sure what the number was in September at the time of the spin. But -But it was positive. It would have been somewhere in that vicinity or maybe a little lower; is that right? I don't know whether it was higher or lower. But somewhere -l would think it would be somewhere around that number. And I don't want to dwell on this particularly, but Monsanto, according to this split that it did for its own purposes, it gave away or purported to KRIEGSHAUSER REPORTING & VIDEO 16 1 2 3 4 5 6 7 A. 8 9 10 11 Q. 12 13 14 15 16 17 18 19 20 21 22 A. 23 a company, the market vatue of a company, can be defined by the market price of the stock times however many shares are outstanding? MR. PECK: Object to the form. Lack of foundation. I think in purely analytical terms or mathematic terms, that the market value definition of a company is determined by the product of those two factors. I noticed from the Internet information posted by the new company, Solutia, Inc., it says net income includes charges for changes and estimates for environmental liability of forty-six million dollars. You put -- or Solutia put forty-six million dollars -additional dollars in reserve to pay for future -- set aside for future payments of environmental liabilities; is that right? Yeah. That's the common practice. And there are conventions required by KRIEGSHAUSER REPORTING & VIDEO WATER PCB-SD0000040678 17 1 2 3 4 5 6 7 8 Q. 9 10 11 12 13 A. 14 Q. 15 16 A. 17 Q. 18 A. 19 20 21 22 23 Q. reporting procedures, like the SEC, that require us to take reserves when certain facts are known about sites. And we have taken adjustments inside Monsanto periodically, and that was an adjustment taken at the end of the year '97, I believe for Solutia. Did the reserves that Monsanto had set aside to pay their environmental liabilities that they -- prior to the split-up of the company, were they transferred to the new company? Yes, they were. Okay. How much was that? How many dol lars? I don't recall the exact number. Welt, approximately. That number seems to me in reserves associated with the chemical business was somewhere at that time around a hundred and sixty or seventy million dollars. And you have added forty-six million KRIEGSHAUSER REPORTING & VIDEO 19 1 2 3 4 5 6 7 8 9 10 11 12 A. 13 14 15 16 17 18 19 20 Q. 21 22 23 A. liabilities, I think I'm going to see, if I understand what you're saying, include reserves for really two areas. One area is what the government is going to make you pay in clean-up. And secondly, would be for litigation costs, what you have to pay to people who have sued you for environmental damages; is that correct? MR. PECK: Object to the form of the question. No. I think what I was trying to indicate clearly is that the reserves and the accounting practice with respect to these reserves we're talking about is inclusive of the site clean-up and sort of related matters but does not include litigation, litigation defense, or other costs associated with litigation. Okay. Does your company -- or did Monsanto set aside any money for litigation reserves? There is a reserve that we have had as KRIEGSHAUSER REPORTING & VIDEO 18 1 2 A. 3 4 5 6 7 Q. 8 9 10 A. 11 12 13 14 Q. 15 A. 16 17 18 19 20 21 22 23 Q. dollars to that since then? That's correct. We have also spent monies during that time which has brought the reserves down somewhat. That's a dynamic situation that changes pretty much every month. That's right. How much of this total amount of reserves is allocated for the Anniston plant and Anniston situation? Again, I don't recall the specific number. And I need to be sure we1re talking about environmental reserves in the same fashion. Yes, sir. This account, you know, covers the cost of the remediation programs, the cleanup programs, that sort of thing, at the plant site. We did take an additional adjustment based on the ongoing work at the Anniston site. I don't recall that number. It was less than ten million dollars, I believe. And your reserves for environmental KRIEGSHAUSER REPORTING & VIDEO 20 1 2 3 4 5 6 7 8 Q. 9 10 11 12 13 14 A. 15 16 17 18 19 20 21 22 23 common practice for what we would call general products Liability and other litigation reserve. And that was handled very similar to the environmental reserve area. And the portion again assignable to Solutia's businesses was transferred to Solutia. Okay. If you were required to pay one dollar or a million dollars or a billion dollars, whatever, just any number of dollars, as a result of this litigation, would it be paid first from a certain reserve -- any certain reserve fund? let me make two comments on that. First, reserves is an income/expense accounting mechanism and not a fund with money in it, cash. That comes out of. you know, our cash financing part of the organization. Second, environmental liabilities that are -- or litigation associated with environmental claims are typically not reserve. Our history has been very infrequent; they're difficult KRIEGSHAUSER REPORTING & VIDEO WATER PCB-SD0000040679 21 1 to predict. The products liability 2 reserve is based on historical 3 understanding of the numbers in cases 4 and cost of defense. And there's 5 actually a process for reserving that 6 issue. So the monies associated with 7 litigation around environmental issues 8 have typically in the past come out of 9 current income. That was the practice 10 in Monsanto. Obviously, we have not 11 had, you know, a case like this in 12 Solutia and have not set a practice on 13 that yet. 14 Yes, sir. Just one more question on 15 that. I'm trying to understand. You 16 said it was an accounting -- income 17 accounting practice. In other words, by 18 setting aside forty-six million dollars 19 for estimates on environmental 20 liabilities, an additional forty-six 21 million, Solutia doesn't have to pay 22 income tax on that forty-six million 23 dollars, at least for the time being; is KRIEGSHAUSER REPORTING & VIDEO 23 1 And we have -- a part of our program 2 also asks us to at least ask about our 3 customers as well. 4 Okay. Well, I represent people who live 5 in the community. And of course that's 6 what I'm interested in, and that's the 7 reason we're having this deposition 8 today. Is it your job as vice president 9 of Environment Safety and Health to have 10 responsibility for the safety and health 11 of your neighbors outside the plant, in 12 the community? 13 MR. PECK: Object to the form of 14 the question. 15 I think the way to properly answer that 16 is that with respect to the Solutia 17 operations with respect to the 18 community, we need to be aware of and 19 concerned that our operations are not 20 adversely impacting the health or safety 21 of the community. Certainly the health 22 and safety of the community is a much 23 broader issue -- KRIEGSHAUSER REPORTING & VIDEO 22 1 2 A. 3 Q. 4 A. 5 6 7 8 Q. 9 10 A. 11 12 Q. 13 14 15 16 A. 17 18 19 20 21 22 23 Q. that correct? That is not correct. Okay. That is another tax accounting procedure -- you do not get a tax deduction for any expenditure until the time that it's actually spent. I see. But you're required to make some estimate and set it aside in some -In the current -- Yeah. With respect to the current business. All right. That's enough of that. You're the vice president of Environment Safety and Health. Whose safety and whose health? The entire program, the way we view that, we focus on the environment, the safety, and the health of our employees, certainly our workers, the people that enter the site, work at the site. We also are cognizant of our issues with respect to our surrounding communities. Wei l - - Excuse me. KRIEGSHAUSER REPORTING & VIDEO 24 1 Q. Of course. You're not responsible for 2 the tonsillectomies? 3 A. That's correct. 4 Q. But you are responsible for any chemical 5 that would escape from your -- excuse me 6 -- escape from your premises which may 7 cause harm or environmental damage. Is 8 that what you're saying? 9 A. We look at that particular question, 10 that's correct. 11 Q. Well, is that different from having 12 responsibility for it? I'm trying to 13 find out who in your company has 14 responsibility for safety and health 15 related to your company's products off 16 si te. 17 A. Yeah. Well, that would be me. I guess 18 the point that I'm trying to define here 19 is that there are materials that may be 20 emitted from the site that are emitted 21 in conjunction with permits from the 22 state, the Federal government, that 23 basically design-describe allowable __________________________ ____________ ...... KRIEGSHAUSER REPORTING & VIDEO WATER PCB-SD0000040680 25 1 2 3 4 5 6 Q. 7 8 9 10 11 12 13 14 15 A. 16 17 18 19 Q. 20 21 22 23 levels of releases that are viewed not to be harmful. So in that case, I would in my mind assume that, yes, we're responsible, but there is a level that has been determined is acceptable. Are you saying that if you manufacture some harmful chemical and it escapes from the site and it injures somebody. that you wouldn't have responsibility? When I say you, you know I mean your company, not you personally. That you wouldn't have responsibility if in fact you had a permit from the state allowing you to do that? I don't know what responsibility means in the terms you're describing. And I suspect that's a fact based discussion, you know, someone else would determine. Mr. Pierle, the point I want to make is that yours is a very important executive position within the company. Because your company now and because -- just as Monsanto, your predecessor, for many KRIEGSHAUSER REPORTING & VIDEO 27 1 A. 2 Q. 3 4 5 6 7 8 A. 9 Q. 10 11 12 13 A. 14 15 16 17 18 19 20 Q. 21 22 23 Yes, it does. And for that reason, your company's primary first responsibility is the health and safety of people, both in the plant, your worker, as well as people in the community. Would you agree with that? We believe so. Tell the jury the names of some of the hazardous substances that Monsanto has produced or used at its Anniston plant over the years. I may not be able to give you a -- 1 don't understand fully the entire detailed history of that plant site. And the materials that we use there that either by our definition or government would be termed to be hazardous, they would include -I didn't ask for today, right now. I'll get to that in a moment. I don't mean to interrupt you. But I want to do it chronologically. Let's get the KRIEGSHAUSER REPORTING & VIDEO 26 1 2 3 4 5 6 A. 7 Q. 8 9 10 11 12 13 14 15 16 17 A. 18 19 20 Q. 21 22 23 years has done, manufactured chemicals and substances which can pose a great threat to the environment and to the health and safety of people. So your position is very important, is it not? I believe so. And that's what your company does for a living primarily; that's what Solutia now does for a living and what Monsanto in some substantial part did for a living prior to September 1, 1997; that is, to manufacture chemicals, some of which can be harmful, and to make a living -- make a profit doing it? MR. PECK: Object to the form of the question. I think we make -- our intent all along has been to make chemicals that are safe for customers in intended use. That's right. But nevertheless, your company manufacturers and uses in the manufacture of other chemicals, certain hazardous substances, does it not? KRIEGSHAUSER REPORTING & VIDEO 28 1 2 3 A. 4 5 Q. 6 A. 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 historical -- What have you done over the years? What did Monsanto do? Well, we made polychlorinated biphenyls -PCBs? -- at the site and manufactured those materials. MR. PECK: I'm sorry. I'm not sure. Are you asking him -I thought I understood the question. Are you asking him whether or not there was -this substance was deemed hazardous when it was manufactured or in retrospect? Or what do you mean? Can you clarify? MR. BARRETT: I don't have to. He's answering the question like I asked him. He's doing a good job. MR. PECK: Object to the form of the question. KRIEGSHAUSER REPORTING & VIDEO WATER PCB-SD0000040681 29 1 A. 2 3 4 5 6 7 8 Q. 9 10 A. 11 12 13 14 15 16 17 18 Q. 19 20 21 22 A. 23 Yeah. Again, the materials that we have made at the plant site -- and we need to distinguish, again, between materials that we made and materials that have hazardous properties or materials that are safe for use -- They're categories here, that we're dealing with. But PCBs were one. What were some others? In terms of products that we made at the plant site? I know that we made polychlorinated biphenyls there. We made parathion at that plant site. And I think we currently make some biphenyl materials. There are others, but as I said, I'm not fully cognizant of the product history at that plant site. And part of your job, as I understand it, is to prevent or minimize the escape of these hazardous substances from your company's property? I think the responsibility and role is to make sure that we're in compliance KRIEGSHAUSER REPORTING & VIDEO 31 1 2 3 Q. 4 5 6 7 8 9 10 11 12 A. 13 Q. 14 A. 15 16 17 18 19 20 21 22 23 that have left the plant property. That's correct. Do you agree that companies such as Solutia and Monsanto, until September of '97, have chosen to be in this business of manufacturing and using and selling hazardous chemicals; that such companies have a moral and ethical responsibility to pay for the damages or any damages caused by these substances when they do escape from your company's premises -Well, you used two --- and cause damage? Well, you used two terms there, "moral" and "ethical." I think what you end up with is do you have a legal responsibility, which, you know, you'll decide whether that's part of that factor or not. I think, you know, what we have done historically is to, you know, operate in a responsible manner. which has intended over the years to include both -- certainly meeting the KRIEGSHAUSER REPORTING & VIDEO 30 1 2 3 4 5 Q. 6 7 8 9 A. 10 11 12 Q. 13 14 15 16 17 18 19 20 21 22 A. 23 with rules and regulations with respect to releases of materials and where there may be additional requirements beyond compliance, to do that as well. So I guess the answer to my question is yes, that it is part of your job to prevent or minimize the escape of these substances from your company's property? Yeah. I think what I'm trying to do is give you a description of what I think the role is. Over the years, Mr. Pierle, there have been instances at your facilities -- and I'm specifically talking about Anniston and interested in Anniston, hazardous substances have escaped into the plant and into the public streams and on to the properties of others. Is that not so? MR. PECK: Object to the form of the question. Again, I think we know today in the work that we're doing that we have materials KRIEGSHAUSER REPORTING & VIDEO 32 1 2 3 4 5 Q. 6 7 8 9 10 A. 11 12 13 14 15 16 17 18 19 Q. 20 21 22 23 rules and regulations that the government has issued and where we believe additional measures are appropriate, to undertake those as well. Do I understand you to say that you believe that moral and ethical -- the moral and ethical responsibility of your company is determined solely by what you're legally required to do? I think you're into an area that seems to me, morals and ethics, are to some extent personal values. And people may have different values around certain things. And certainly we have had an ethic within the company to be responsible and to include a definition of that beyond legal requirements where it's appropriate. Okay. That was my only question. And so I guess the answer, again, to my question is yes, that you do agree that companies such as Solutia and Monsanto who have chosen to be in this business KRIEGSHAUSER REPORTING & VIDEO WATER PCB-SD0000040682 33 1 2 3 4 5 6 7 A. 8 9 10 11 12 13 Q. 14 15 16 A. 17 Q. 18 A. 19 20 21 22 23 of handling these hazardous substances. that they have certain moral and ethical responsibilities to handle them in a responsible way? MR. PECK: Object to the form of the question. Yeah. I, you know -- I think I have answered the question. But I think we feel that we have acted in a responsible fashion, you know, for years within Monsanto and within Solutia on these types of matters. Does Monsanto -- Did Monsanto until September of '97 have ethical standards that guided it -What --- or not? We have -- In this particular area, Environmental Health and Safety, we have had a set of guidelines that we have used for quite some time that describe what we are required to do internally. and those have been written and explicit KRIEGSHAUSER REPORTING & VIDEO 35 1 2 3 4 5 Q. 6 7 8 9 10 11 A. 12 Q. 13 14 15 A. 16 17 18 Q. 19 A. 20 21 22 23 in each case the individuals or the collection of individuals would feel they're operating responsibly and ethically. Let's talk about personal beliefs, then. When I was in kindergarten, I was taught that, quote, if you mess it up, you clean it up. Do you ever remember being taught that lesson when you were a ch i l d? I don't recall that one specifically. Do you believe in the axiom that if a person makes a mess, that that person ought to clean it up? I guess I believe in the axiom that, you know, people ought to do the right thing. That's a good one. And again, that may have a different definition, you know, person to person. But that's sort of an axiom that I think we have operated inside Monsanto, is that you should always do the right KRIEGSHAUSER REPORTING & VIDEO 34 1 2 3 4 Q. 5 6 7 8 9 10 11 12 13 14 15 16 A. 17 18 19 20 21 22 23 for the organization. That has been our expression of what our policies and requirements are. Those ethical standards are not any different for Monsanto than it would be for an individual that owned a business, that owned such a business. If I owned a plant that manufactured hazardous substances, I would have certain ethical responsibilities, I assume you agree; and do you agree that the fact that Monsanto is a corporation, Solutia is a corporation, that doesn't relieve them of having the same ethical standards, does it? I think what I'm trying to say is that as I sort of understand ethics, that in large part they're formed by personal beliefs, and therefore I could see that an ethical behavior in this area from a small company to a large company and a different company within that spectrum could produce different behaviors; yet KRIEGSHAUSER REPORTING & VIDEO 36 1 2 3 4 Q. 5 6 7 8 9 A. 10 11 12 13 14 15 16 17 18 Q. 19 20 21 22 23 A. thing. And I think that has helped guide us broadly as well as in this particular area. Okay. Do you believe that it's the right thing for a chemical company, for Monsanto, or any chemical company, to be responsible for cleaning up chemicals it discharges onto the property of others? I think where we know that, you know, is occurring or has happened, I think we certainly need to understand the presence of materials and whether they are hazardous, whether they are harmful, whether they can cause injury. And we need to fully understand that consequence and take appropriate action where it is warranted. Okay. In other words, if it is hazardous, you ought to clean it up, if it's on someone else's property? MR. PECK: Object to the form of the question. I think where it's hazardous to the KRIEGSHAUSER REPORTING & VIDEO WATER PCB-SD0000040683 37 1 2 3 4 Q. 5 A. 6 Q. 7 8 9 10 11 12 13 A. 14 15 16 Q. 17 18 19 20 21 22 23 environment or to health, I think that's what we are doing and have been doing for quite some time. Because that's the right thing to do? I believe so. If a chemical company causes damage to its neighbor, is the chemical company responsible for setting things right. for doing whatever is necessary to put his neighbor back to the position to where he was before the spill occurred or the discharge occurred? I don't know exactly what you mean by that question. Maybe you could help me out a little and expand on it. Well, let me -- if a chemical company damages its neighbor, that is, by the discharge of hazardous substances, is the company responsible for doing whatever is necessary or paying whatever is necessary to put that neighbor back to where he was before the discharge occurred? KRIEGSHAUSER REPORTING & VIDEO 39 1 2 3 4 A. 5 6 7 8 9 Q. 10 11 12 13 14 15 16 A. 17 18 19 Q. 20 21 22 23 maybe all his dogs get out and hurt somebody, should that dog owner pay for the damages? Yeah. I guess that might be complicated a bit by whether or not there was anything, you know, by the person that was injured that got into provocation or other -Right, but assuming -- assuming no provocation. That's a good point. Assume there wasn't any provocation. Assume it's some little kid playing in a sandbox up the street. What would your answer be? Should the dog owner pay for the injuries and damages? If those were the only facts that are presented, I would think probably that's right. Let's say that the owner of this kennel has several very dangerous dogs who had bitten people before and he knows how dangerous they are. I'm going to add a few facts for you. And his kennel is KRIEGSHAUSER REPORTING & VIDEO 38 1 2 3 A. 4 5 6 7 8 Q. 9 10 11 12 13 14 15 16 17 A. 18 19 20 Q. 21 A. 22 Q. 23 MR. PECK: Object to the form of the question. Without getting into semantics, I think. you know, the way we would want to look at that is that if we had caused some level of damage, we try to right that particular damage with that individual. Okay. Thank you. Let me expand on it, as you said a moment ago, with an analogy. If a person chooses to raise -- let's say rottweilers or pit bulls on its property, some dangerous animal, do you agree that that person is responsible for making sure that these dangerous animals don't escape from his property and hurt somebody? Yeah. I would think that person would take proper care to see that that would not happen. And he ought to? I would think so. If it turns out that that man's fence is not very good, and one of his dogs or KRIEGSHAUSER REPORTING & VIDEO 40 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 A. 20 21 22 23 right in the middle of the residential neighborhood where there are generally many little children playing outside, especially on warm summer days. Let's say on one of those warm summer days one Saturday morning this owner of these very dangerous dogs goes outside and discovers -- probably to his horror, but he discovers that an entire pack of these very dangerous dogs has escaped from the pen; he looks around; he doesn't see the dogs, but he sees little children around the neighborhood playing outside, playing in sandboxes and swinging on swings; it's Saturday morning; he knows the parents are at home. What should that dog owner do, Mr. Pierle? Again, I think as you said, if he knows that these dogs are dangerous, that probably means they have had an attack or something before; I think he ought to find his dogs and at the same time he KRIEGSHAUSER REPORTING & VIDEO WATER PCB-SD0000040684 41 1 2 3 4 5 Q. 6 A. 7 8 9 10 Q. 11 12 13 14 15 16 17 18 19 A. 20 Q. 21 22 23 would probably have some conversations with the neighbors about the fact that the dogs are loose and he's about trying to round them up. And why should he warn these parents? I think in this case, you know, there's a history that says there's a potential danger with these dogs. And he ought to so advise them of that. Mr. Pierle, do you agree that common -in the example I have raised here, that common human decency would require this dog owner to warn those parents or anybody else in the neighborhood about this danger until the dogs can be recaptured that he has -- that common human decency requires him to warn these parents? I would think in that case, he would. Okay. I want to take it one step further. Suppose this kennel owner lacks the common decency that -- and instead of rushing to warn these parents KRIEGSHAUSER REPORTING & VIDEO 43 1 2 3 Q. 4 5 6 7 A. 8 9 Q. 10 11 12 13 A. 14 15 16 Q. 17 18 A. 19 Q. 20 21 22 23 any other facts and why he didn't take some appropriate action. Right. And unless you got an answer that satisfied you, you would want to punish him, wouldn't you? He should be - I probably would think hard about it. You bet. Why is punishment appropriate? Why would you think hard about it, for the dog owner in this story? What are the purposes of punishment here? You know, I kind of go back that usually punishment is trying to change behavior of an individual. To deter him from doing it again, perhaps? Is that one? Could be. Is another purpose to deter others who might be inclined to do the same thing. to let them know that our society doesn't -- there are certain types of misconduct that society will not KRIEGSHAUSER REPORTING & VIDEO 42 1 2 3 4 5 6 7 8 9 10 11 12 13 A. 14 15 16 17 18 19 Q. 20 21 22 23 A. to protect their children from these dogs loose in the neighborhood, instead of that, he thinks if I tell people, these people are going to know that these dogs are mine. I better keep quiet to protect myself. So this man shrinks back into his house and doesn't tell anybody. And sure enough, these dogs maul and hurt several children. In addition to paying for the damages to the injured neighbors, should this man be punished for his conduct? It seems like he would take a more aggressive posture than that. I don't know to what extent additional requirements or damages would be, you know, appropriate for that individual or not. If you were sitting on a jury, wouldn't you want to punish this man under the fact scenario that I have given you? Wouldn't you punish him? I would sure want to know if there were KRIEGSHAUSER REPORTING & VIDEO 44 1 2 3 A. 4 5 6 7 Q. 8 9 10 11 12 13 14 15 16 17 18 A. 19 20 21 22 23 tolerate? Is that a proper purpose of punishment in a situation like this? You know, I think it basically is a process to sensitize the individual with respect to what a broader group may feel is appropriate behavior. If a lawsuit were brought on behalf of one of the injured children seeking in addition to the medical expenses and the hospital costs and so forth -- but also seeking punishment damages, that is, punitive damages, against this dog owner who didn't warn his neighbors, do you agree under the fact situation that I laid out to you that this is a case where punitive damages ought to be awarded? Again, I don't know. Part of this is -You know, was the guy there at the house? Did he know they were out? How soon did he know they were out? It seems to me there are several other questions that someone would explore to KRIEGSHAUSER REPORTING & VIDEO WATER PCB-SD0000040685 45 1 2 Q. 3 A. 4 5 Q. 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 understand that question. Uh-huh (indicating yes). So I think it's difficult to say yes or no to your question. Well, let me rehash. In the scenario that I gave you, he didn't have a very good fence, but he didn't turn the dog loose himself. He didn't know they were out until he went out that Saturday morning and saw that they were out. But what I described to you was he then elected not to warn these little children and not to warn their parents who were in the immediate vicinity and in danger from these escaped creatures. Now, that's what I'm asking you. But to protect himself, or what he thought was protecting himself, he went back in his house and kept his mouth shut. Now, that's what I'm asking you, your opinion as to whether or not is that misconduct deserving of punitive damages in your opinion? KRIEGSHAUSER REPORTING & VIDEO 47 1 2 3 4 5 6 7 A. 8 9 10 11 12 13 14 15 16 17 18 19 Q. 20 21 A. 22 Q. 23 one of the dogs in -- excuse me -Monsanto's kennel. You mentioned PCBs as the first hazardous substance when I asked you to name some. Tell the jury what PCBs are, Mr. Pierle. Let me be clear, and as I do -- because we were having this discussion about whether they were products or hazardous materials or safe for intended use. PCBs were a category of materials that were used in a variety of commercial industrial uses. The material itself, as I remember, was basically inert. It was not unsafe or hazardous to handle from a physical standpoint as something like an acid or potentially a bleach or something might be. In other words, it wasn't corrosive and it didn't blow up? Well, those are two things it didn't do. Right. But there were other things that it did do, correct? KRI EGSHAUSER REPORTING & VIDEO 46 1 A. 2 3 4 5 6 7 Q. 8 9 10 11 12 13 14 15 16 A. 17 18 19 20 Q. 21 A. 22 Q. 23 Again, it would seem like -- and again. I don't know what you're talking punitive. It would seem like something beyond actual damage here or recovery would be appropriate based upon that behavior. As a general proposition, Mr. Pierle, do you agree or disagree with the law in Alabama that allows a plaintiff to receive punitive damages over and above his actual compensatory damages when that defendant's conduct is grossly negligent or willful and malicious? MR. PECK: Object to the form of the question. Are you basically asking me do I agree that punitive damages as a factor or concept in some cases may be appropriate as a principle? Yes. I am asking that. I don't disagree with that. Let's get specific now and leave the analysis behind and talk about -- Well, KRIEGSHAUSER REPORTING & VIDEO 48 1 A. 2 3 4 5 6 7 8 9 10 11 12 13 14 Q. 15 16 A. 17 18 19 20 21 22 23 Q. Weil, I think as I understand this, and certainly it's a historical understanding, PCBs were sold; they were safe for their intended use; they were useful in many systems, actually made some systems you know, safer for use. It became known at a point in time that they had some adverse environmental characteristics. And that information, as I understand it, began a whole process which then withdrew those materials from commerce in the United States. PCBs don't occur naturally on this earth, do they? I don't know whether they do or not. I think in general -- I mean, we made a lot of PCBs, and we know that a lot of them were man-made. I don't know that everybody said they have or haven't occurred by some natural phenomenon. I have never heard that. You have never heard that they occurred KRIEGSHAUSER REPORTING & VIDEO WATER PCB-SD0000040686 49 1 2 A. 3 Q. 4 5 A. 6 7 Q. 8 9 A. 10 Q. 11 12 13 A. 14 15 16 17 18 19 Q. 20 A. 21 22 23 naturally? Never heard that. To your knowledge all the PCBs are man-made, as far as you know? I think -- I stand on my answer; I have never heard they occur naturally. As far as you know, God didn't make any PCBs himself, did he? Not to my knowledge. Tell the jury what company manufactured all PCBs ever manufactured in the United States, ever? Well, as I understand, there was more than one company in the United States that made PCBs historically. Monsanto made a lot of the PCBs, but my recollection is there were other PCB producers. What other PCB producers? I don't know. I'd have to go back and -- you know, and look for that. But again, it's just a recollection that there were others that made this KRIEGSHAUSER REPORTING & VIDEO 51 1 2 3 4 5 6 7 8 Q. 9 10 11 12 A. 13 14 15 16 17 18 19 Q. 20 21 22 23 A. I think there is a general consensus and fact as to those hazardous characteristics and properties. From a handling and from human health standpoint, I think they have not been shown to be hazardous from that standpoint. Are you telling this jury that PCBs are not hazardous to human beings, that they cause no detrimental health effects to human beings? In the work that we have done -- I think the work that the experts that I have talked to about this do not demonstrate that PCBs are a human health hazard, typically in the range of concentrations and exposures that humans may be exposed to. I see. So then there are no -- you say typically. Are PCBs a substance which are hazardous to human beings or not? Can you answer that yes or no? I think our view is that they are not. KRIEGSHAUSER REPORTING & VIDEO 50 1 2 Q. 3 4 5 6 7 8 9 10 11 A. 12 13 14 15 16 17 Q. 18 19 20 21 22 A. 23 product. Do you agree -- It's our information that Monsanto made them all. But that may not be correct. Would you agree that certainly Monsanto made the overwhelming majority of the PCBs produced in the United States? MR. PECK: Object to the form of the question, lack of foundation. I don't remember the numbers. I don't ever remember seeing the numbers on how much we made. Certainly Monsanto made a large amount of PCBs, but I do not recall the portions or the splits or who the other producers may have been. And you certainly agree, do you not. that PCBs are a hazardous substance? MR. PECK: Object to the form of the question, calls for a legal conclusion. I think what I tried to describe was with respect to environmental properties KRIEGSHAUSER REPORTING & VIDEO 52 1 Q. 2 3 4 Q. 5 6 7 8 9 A. 10 11 12 13 14 15 16 17 18 19 20 Q. 21 22 23 Now, the EPA says that they are. correct? MR. PECK: Object to the form. That they are hazardous, the Federal government defines PCBs as a hazardous substance? MR. PECK: Object to the form of the question. Again, they are defined as a substance under the Toxic Substance Control Act, for example. But my recollection is that PCB under the Resource Conversation Act which defined hazardous materials, it's not included under that act. So the government definition of materials, depending upon where they describe it, may have different definitions, so I can't give a flat answer to your question. And you're saying, then, for regulatory purposes PCBs are not treated as a hazardous substance? And that's your opinion and you're the vice president of KRIEGSHAUSER REPORTING & VIDEO WATER PCB-SD0000040687 53 1 2 3 A. 4 5 6 7 8 9 10 11 12 13 14 15 16 Q. 17 18 19 20 21 22 A. 23 Q. Environment Safety and Health of Solutia? That's not what I said. I think I have tried to be fairly clear in my prior answer. There's general agreement and consensus that with respect to environmental threats of PCBs. And those are typically at well above detectable concentrations, that those are a concern and should be managed. I think the question I'm separating here is that with respect to human health and exposures that we do not believe that they cause adverse health consequences to humans. Okay. And are you saying -- leave aside your own personal -- We're going to get to that in a minute. You said we. I assume that means Monsanto's view, that was Monsanto's view prior to September of 1997? That's correct. Leave aside those corporate views about KRIEGSHAUSER REPORTING & VIDEO 55 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 Q. 16 17 18 19 20 21 22 23 And with respect to clean-up or cleanup requirements, the agency has levels and standards that they have set that basically do not require PCBs to the last molecule to be picked up. There are standards through different discharge permits, I believe, that set limits on PCBs. So your question was an absolute, that there are no allowable discharges and every molecule needs to be cleaned up in the United States. And that's what I was reacting to, that that is not my experience nor my understanding of requirements. All right. I want to talk about some of the physical character!' st i cs of PCBs. Let's talk about some that are maybe noncontroversial that we can agree on first. Unlike most naturally reoccurring compounds, PCBs are stable and tend not to degrade or decompose or break apart when they're out in the environment. Is that not true? KRIEGSHAUSER REPORTING & VIDEO 54 1 2 3 4 5 6 7 8 9 10 11 12 13 A. 14 Q. 15 16 17 18 19 20 21 A. 22 Q. 23 A. PCBs. PCBs are regulated; they are considered to be hazardous substances, are they not? In other words, they carry that label, and therefore the regulatory authorities with which your company and Monsanto have to deal, treat these materials, even if they were benign as corn flakes, as materials that if they get on somebody's property, they have got to be remediated; they cannot be allowed to run into the streams of this nation. Is that not true? I don't believe that that's true. Okay. Are you aware that most standard form -- mortgage forms in the United States that banks use require property owners to guarantee that there are no PCBs on their property before they will -- can get a mortgage on the property? Did you know that? I'm not aware of that. You're not? Again, you asked a very broad question. KRIEGSHAUSER REPORTING & VIDEO 56 1 A. 2 3 4 5 6 Q. 7 8 9 A. 10 Q. 11 12 13 14 A. 15 16 17 Q. 18 19 20 21 22 23 A. As I understand it, depending upon the PCS molecule, there are different degrees of breakup that could happen from some breakup to some molecules where there's probably no breakup. Right. But overall, chemists give PCBs -- say that PCBs have a quality of persistence in the environment. They tend to be stable. That's correct. And therefore, to the extent that PCBs are a problem to living creatures such as fish, it's going to remain a problem. Is that a fair statement? Again, I think that depends on the question of levels and concentrations as to whether they are or not a problem. I understand. But assuming that they are in levels that even you would agree cause problems to living creatures, the fact that they are persistent in the environment complicates and makes the problem worse, does it not? It could. It depends. The other factor KRIEGSHAUSER REPORTING & VIDEO WATER PCB-SD0000040688 57 1 2 3 Q. 4 A. 5 6 Q. 7 8 9 A. 10 Q. 11 12 A. 13 14 15 16 17 18 19 20 21 22 23 Q. is whether they're available in the environment. Right. Of course. And of course that's a factor that is important for consideration. Another property or characteristics of PCBs is that they tend to bio-accumulate. Is that not true? I believe that's the correct term, yes. Explain to the jury what bio-accumulation is. Again, I'm not the expert on this. So I'll -- You know, you probably want to talk to an expert that would understand this better. In general, bio-accumulation, I think, is a process whereby materials may collect in the tissue of animals and may have the propensity to concentrate if there's additional accumulation. So that's the biological accumulation that makes up the term. It has -- PCBs have a tendency to build KRIEGSHAUSER REPORTING & VIDEO 59 1 A. 2 Q. 3 A. 4 5 6 7 Q. 8 9 10 11 12 13 14 15 A. 16 17 18 19 20 21 22 23 I think that's possible. Well, it's probable, is it not? Well, it may be. I guess I was reacting to, you know, whether it always happens or not. But I think certainly that's possible and probable. So every time a person takes PCBs into his body through eating, breathing dust that's contaminated with PCBs, whatever, that adds to the PCBs or tends to add to the PCBs that are already in his body, thus, building up the level? Is that not true? And is that not what we mean by bio-accumulation in man? Again, I guess the differentiation I make here is that you're getting it ingested into the system such that it can get into the fat which would cause it to bio-accumulate. You used the term breathing, or dust. Something like that might be filtered out into the nose or into the system and expelled. So I mean, you broadened the root that says KRIEGSHAUSER REPORTING & VIDEO 58 1 2 A. 3 Q. 4 5 6 7 8 9 A. 10 Q. 11 12 13 14 15 16 17 A. 18 Q. 19 A. 20 Q. 21 22 23 up in living creatures, is that -They can, yeah. If I understand it. That's right. I understand that they are what's called lipophilic, that is, they love fat. They have a tendency to attach themselves to fat molecules in living creatures. Do you understand that? I think that's correct. And so they attach themselves to a -the fat molecules in a little fish, and that little fish gets eaten by a bigger fish who eats a lot of little fish that have accumulation of PCBs. And all -it accumulates in the body of that larger fish; is that right? I believe in the tissue of it, correct. And has a tendency to stay there? That's correct. And then if a fisherman, a human being eats that fish, it's going to -- those PCBs are going to bio-accumulate in his body as well? KRIEGSHAUSER REPORTING & VIDEO 60 1 2 3 4 5 Q. 6 7 8 9 10 11 12 Q. 13 14 15 16 17 18 19 20 21 22 23 every molecule that gets to the body goes in. For example, I don't know that it goes through the skin. I'm just not an expert on that. Right. Well, we'll talk about that in a moment. And I'll show you some Monsanto documents that speak to that. MR. BARRETT: You want to take a break. MR. PECK: Sure. [A break was taken.] (By Mr. Barrett) Mr. Pierle, before the break we were talking about the properties of PCBs. Is it a fact that both Monsanto and Solutia have known for many years that PCBs are persistent in the environment and that they bio-accumulate, that they build up in the body of living creatures? Is that a fair statement? That Monsanto and Solutia have known, that these are characteristics, and your company has known it? KRIEGSHAUSER REPORTING & VIDEO WATER PCB-SD0000040689 61 1 A. 2 3 4 Q. 5 6 7 A. 8 Q. 9 10 11 12 13 14 15 16 17 18 A. 19 20 21 Q. 22 23 A. We do know that. We have known it for a while. I don't know when that information first became available. And Monsanto has known, at least since 1950, that these PCBs are a hazard to human health. Is that true or false? I'm not aware of that fact. I'm going to hand you Exhibit One, which is an exhibit we received from Monsanto, a document we received from Monsanto. In looking over it, it doesn't have a date on it. We know -- and you'll have to assume with me that this bears a date of 1950. And we'll have to prove that otherwise. But assume with me for purposes of these questions that it's 1950. Look -- What's the title of this? The heading at the top of this page says "The handling of Aroclors (Chlorinated Diphyenyl)". Aroclors are Monsanto's trade name for its PCBs; is that correct? I believe that's correct. KRIEGSHAUSER REPORTING & VIDEO 63 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 A. 19 Q. 20 21 22 23 into evidence. You are welcome to look at them, and you're welcome to read them before we have -- I have highlighted the parts that are relevant to this deposition, that we think are relevant. Obviously, if you want to talk about any others, you can. You can do it later. If we were foolish enough to try to make something say that it wouldn't -- you know, it'll blow up on us later, and you'll have plenty of opportunity to come back, or others on your behalf, can come back and show us that we misrepresented something. I'm not telling you or your lawyer how to do it. I'm just -- I'm trying to do this so we can get through it today. I'll wait for your questions and see. That's fair enough. MR. BECK: Of course, as he's saying, if you feel you needed to look at the document -- KRIEGSHAUSER REPORTING & VIDEO 62 1 Q. 2 3 4 5 6 7 8 9 10 11 12 13 14 15 A. 16 Q. 17 18 19 A. 20 Q. 21 22 23 Look at the last paragraph. And you tell me if I'm reading this correctly from this 1950 Monsanto document. "Personal cleanliness is of utmost importance. Work clothes should be changed daily and must not be worn away from the plant. Before changing to street clothes at the end of the day, the workmen should bathe with plenty of soap and warm water. Neglect of these simple precautions may result in skin infections, ill health, discomfort. inefficiency, and loss of time." Did I read that correctly? You did. We'll go on through these documents pretty quickly. I'm going to hand you next Exhibit Number Two. You want me to read the rest of it? It's not relevant. Let me say, on any of these documents -- so we can get through this deposition today, these documents are going to be introduced KRIEGSHAUSER REPORTING & VIDEO 64 1 2 3 4 Q. 5 6 7 8 9 10 11 12 13 14 15 A. 16 17 18 Q. 19 20 21 A. 22 Q. 23 A. MR. BARRETT: Absolutely. No question about that. I'm just trying to be practical. (By Mr. Barrett) The second document I want you to look at is Plaintiff's Exhibit Two. And I'm going to ask you in conjunction with this document to tell us whether or not Monsanto has known at least since 1956 that chlorinated phenols can cause skin eruptions, plus other symptoms -- or at least there was evidence of that accumulating in the workplace, even back as far as 1953. I may want to -- You want me to go ahead and just look at this real quickly, if I can? Yes, sir. Have you now read this document, Plaintiff's Exhibit Two? I have reviewed it, yes. Who -- Is this a Monsanto document? Yes. From Dr. Emmet Kelly, Monsanto KRIEGSHAUSER REPORTING & VIDEO WATER PCB-SD0000040690 65 1 2 Q. 3 A. 4 5 6 7 Q. 8 9 10 11 12 A. 13 14 15 Q. 16 17 18 19 20 A. 21 Q. 22 23 A. Chemical Company. Who is Dr. Emmet Kelly? I believe Dr. Kelly was the head of the medical department for Monsanto back at the time this was written in the mid-fifties. And this is a report to Dr. Kelly about a problem that had occurred in a plant -- I believe in Germany where some workers were injured. Is that not correct? It appears that's the case. They -- I guess specific, looks like some cases of chloracne developed. Right. And see if I'm not reading this correctly. There was -- in the second paragraph says the photographs of the worst -- can't pronounce that German word? Badische. That's the name of a plant or town in Germany; is that right? It's probably the name of a company. KRIEGSHAUSER REPORTING & VIDEO 67 1 Q. 2 A. 3 Q. 4 5 6 7 8 9 10 A. 11 Q. 12 13 14 15 A. 16 Q. 17 18 A. 19 Q. 20 21 A. 22 23 Q. Yes, sir. Yes. It says that about ten days following the incident and after the initial clean-up, they put rabbits in open wire cages in that operating area where there had been a spill and left them there for twenty-four to forty-eight hours. Is that true? Is that what it says? Yes. And said that there were no obvious symptoms in the animals for a week. Then the animals all died. Is that not true? Yes. And they autopsied them and showed liver nec rosis? Liver failure. The liver tissue had died; is that correct? That's my sort of common understanding of that term. Now, Dr. Oettel, who was performing this KRIEGSHAUSER REPORTING & VIDEO 66 1 Q. 2 3 4 5 A. 6 Q. 7 8 9 10 11 12 13 14 A. 15 Q. 16 17 A. 18 Q. 19 20 21 22 23 A. Okay. "Cases show horrible skin eruptions with nearly blister-like welts and some ulcerations where infection ensued." Did I read that correctly? Yes. And look down to the last sentence in that paragraph. "In addition to the skin manifestations, their men reported all the additional symptoms as experiences in our workers, i.e., fatigue, vertigo, loss of libido. painful joints," and so forth. Did I read that correctly? Yes. Loss of libido, that's loss of sexual drive, is it not? I believe so. The next paragraph concerns apparent testing that showed that there was liver damage resulting -- not in the workers but in these test animals at that place. Is that not true? This is in the third paragraph? KRIEGSHAUSER REPORTING & VIDEO 68 1 2 3 4 5 6 7 8 9 10 A. 11 Q. 12 13 14 15 16 A. 17 0. 18 19 A. 20 21 Q. 22 23 experiment, thought there might be virus infection or some other cause of deaths until he exposed additional animals in that department, others in cages suspended inside had, quote. decontaminated autoclave, and some in the adjacent department, and every one of them died within one to two weeks following exposure, did they not? That's what the report says. And then not only that, but animals that were placed in the cages which had previously been in the department, they died of liver necrosis as well, did they not? That's what's written down. And Monsanto knew this as of June 12, 1956? With respect to this incident, that's correct. Yes. And this incident is pretty powerful evidence that something is wrong with -- that there may be some KRIEGSHAUSER REPORTING & VIDEO WATER PCB-SD0000040691 69 1 2 3 4 5 6 Q. 7 A. 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 real health problems here related to this product, this line of products. Is that not so? MR. PECK: Object to the form of the question. Uouldn't you agree with that? I think what was described, as I understand this memo in the first paragraph, was some sort of a process operation upset which reached control pressures and temperatures similar to what had happened at a Monsanto facility and with the trichlorphenol product. So my sense is this is not about the product that is normally produced, but this is about an event that happened at this plant site and following that incident where there must have been overpressurization or explosion or something. They had some adverse consequences to the workers exposed and put test animals into that atmosphere again and had the adverse consequences KRIEGSHAUSER REPORTING & VIDEO 71 1 2 A. 3 4 5 6 7 8 9 Q. 10 A. 11 Q. 12 13 14 15 16 A. 17 18 Q. 19 20 21 A. 22 Q. 23 product? No. I think what this memo really suggests is that -- as what would be appropriate, if you had a similar incident, you may expect these kinds of consequences. But that doesn't speak to the everyday production or the safety of the product. Okay. Now, what are Montars? Are you reading from -I'm deciding whether to use this exhibit or not. I'm looking at an Exhibit Three which is a Monsanto Chemical Company memo dated 1957, talking about the toxicity of Montars, M-O-N-T-A-R-S. I'm not really certain as to what that term applies to. Okay. Said in the reference memo Dr. Kelly -- That's Emmet Kelly, your health director, right? I would assume it is. "Advised that he had no laboratory toxicological data on the Montars but KRIEGSHAUSER REPORTING & VIDEO 70 1 2 Q. 3 4 5 6 7 8 9 10 A. 11 12 13 14 15 16 17 18 19 20 21 Q. 22 23 that you described to the test animals. And are you telling this jury that this information is not evidence that should have alerted Monsanto that there may be health consequences to its chlorinated phenol product, including PCBs? MR. PECK: Object to the form of the question. Lack of foundation. I would say not. I think what this memo basically says is that -- It describes a specific incident. And it talks about clean-up being carried out. So clearly there was something that was nontypical here with respect to this operation. And under those conditions there were adverse consequences. I don't think this speaks to the trich lorphenol product itself under normal manufacturing operation. Okay. So Monsanto had no reason to suspect anything because of this incident, anything bad about its KRIEGSHAUSER REPORTING & VIDEO 72 1 2 3 4 5 6 7 8 9 A. 10 11 12 13 Q. 14 15 16 A. 17 18 19 Q. 20 21 22 23 felt certain they could cause chloracne similar to the chlorinated naphthelenes and diphenyls, and, secondly, that they could cause liver trouble by inhalation of the fumes liberated at elevated temperatures." But you don't know whether Montars are chemically similar to PC8s, do you? I don't. MR. BARRETT: Off the record. [Discussion held off the record.] (By Mr. Barrett) Mr. Pierte, do you know -- Ue were talking about Exhibit Three. Do you know what Montars are? I do not know specifically what they are. I haven't read past the first paragraph. If it turns out that they are similar to or have similar properties of PCBs, this would be evidence that PCBs could cause liver trouble by inhalation of the fumes. Is that a fair statement? KRIEGSHAUSER REPORTING & VIDEO WATER PCB-SD0000040692 73 1 2 3 A. 4 5 Q. 6 7 8 9 10 11 12 13 14 A. 15 16 Q. 17 18 19 A. 20 21 Q. 22 23 MR. PECK: Object to the form of the question. I think that's pretty broad. I couldn't answer that. Okay. Now, would you hand Mr. Pierle Exhibit Four? I hand you a copy of a letter written -- we obtained from Monsanto that was written to apparently a Mr. Buchanan in St. Louis with copied to Mr. Emmet Kelly in St. Louis and others, dated December 1, 1956. Do you see that? That looks right. I mean, my copy's almost ill -- or not readable. Well, we do the best we can with these old copies we're given. You can read that. I just can't tell if that's '56 or '66. It's all blacked across on my copy. I see. But it attaches, does it not -that's just an enclosure letter or it is an enclosure letter, and it attaches a KRIEGSHAUSER REPORTING & VIDEO 75 1 A. 2 3 Q. 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 That's the highlighted sentence. That's correct. And then it goes down and talks about a Swedish article which talks about how very widespread that PCBs had become. MR. PECK: John, let me just state, I don't want to object in the middle of your question constantly to these documents. Obviously, Mr. Pierle can't authenticate the document. MR. BARRETT: Not asking him to. MR. PECK: Never seen it before. I know. If you could, just kind of give me a standing objection as to that issue, standing objection as to form as to that issue. MR. BARRETT: Fair enough. We don't -- We got these documents from you. They will be authenticated. KRIEGSHAUSER REPORTING & VIDEO 74 i 2 3 4 5 A. 6 7 8 Q. 9 A. 10 11 12 13 Q. 14 15 16 17 18 19 20 21 22 23 letter to Monsanto Europe in Brussels, Belgium in which it discusses Aroclors, that is PCBs manufactured by Monsanto, does it not? Looks like a letter from Rising & Strand, or something, to Mr. D. Wood, looks like David Wood. Yes. And I can't read the date on that. I mean, I'm assuming these are attached together, but I don't know that for certain. Well, that's the way we got them, and they're in sequential order, and one refers to the other. But we're going to assume that. And I want you to look at that letter. We're talking now about what Monsanto knew about PCBs and what it knows and when it learned these things. Okay. In the first paragraph it says that PCBs accumulate -- or accumulated in certain organs of animals; is that right? It says that? KRIEGSHAUSER REPORTING & VIDEO 76 1 MR. PECK: In some cases not. 2 MR. BARRETT: Right. We got these 3 from you. And we will agree 4 that you have a standing 5 objection to that. We intend 6 to authenticate them in other 7 ways. There's some that he 8 wrote that we'll authenticate 9 with him. 10 MR. PECK: And just a standing 11 objection as to -- I don't 12 know whether the judge will 13 allow it or not, but you're 14 questioning him about a 15 document he knows nothing 16 about. 17 MR. BARRETT: Okay. Right. 18 MR. PECK: I don't want to have to 19 keep objecting. I don't want 20 to be deemed to have waived 21 that should -22 MR. BARRETT: No question. And 23 we'lL say here, again, to KRIEGSHAUSER REPORTING 8, VIDEO WATER PCB-SD0000040693 77 1 2 3 A 5 6 7 8 9 10 11 Q. 12 13 14 15 16 17 18 19 20 21 22 23 expedite this deposition, that you have not waived any objection. You can take anything to Judge Laird and we will not and cannot say now because I'm saying we can't say, well, you waived that; you should have brought it up earlier. MR. PECK: Fair enough. (By Mr. Barrett) Mr. Pierle, I'm asking you about these documents because you have told me that Monsanto believes that PCBs are not hazardous to humans. And I'm showing you documents that I think will make you realize that that's an incorrect statement. I hope it will. And that's the purpose of these documents. And they are Monsanto documents. So that's what I'm going through here. At any rate, it refers to PCBs "Polychlorinated Biphenols," (sic per X) KRIEGSHAUSER REPORTING & VIDEO 79 1 2 Q. 3 4 5 A. 6 7 8 9 10 Q. 11 12 13 14 15 16 A. 17 Q. 18 19 20 21 A. 22 Q. 23 PCBs we're talking about here. You think this is talking about some PCBs that are not manufactured by -that were not manufactured by Monsanto? I'm saying it's referring to throughout this as biphenols. And my understanding of chemistry, and obviously it's not complete, but that's different than a biphenyl. I'm not sure about your spelling, but that's okay. Look over on the last page of this letter. PCB -- I've highlighted it there. "PCB is equally harmful whether absorbed via the skin, through the food, or by inhalation." You're on page three? Yes. Does it say that? I'll read it again. "PCB is equally harmful, whether absorbed via the skin, through the food. or by inhalation." That's what it says. You said earlier that you didn't know if it could be absorbed through the skin. KRIEGSHAUSER REPORTING & VIDEO 78 1 2 3 4 5 6 7 A. 8 Q. 9 10 11 12 A. 13 Q. 14 15 16 17 18 A. 19 20 21 22 23 in the second paragraph of the Swedish report, as a group of poisons. "Polychlorinated Biphenols (for short, PCB) which are closely related to, and equally poisonous as, DDT." Did I read that correctly? That's what it says. And this was a document, was it not, that was mailed to Monsanto in Europe; is that correct? On whatever day it was mailed? It appears to have been. And I'll read the next sentence, "PCB is broken down considerably slower than DDT and gives rise to damage of liver and skin." Did I read that correctly? That's what it says. I would insert this is referring to polychlorinated biphenols. And, you know, I don't know whether biphenyols -- I know they're not the same as biphenyls, so I don't know whether we're talking about -- which KRIEGSHAUSER REPORTING & VIDEO 80 1 2 3 4 5 A. 6 7 8 9 10 Q. 11 12 13 14 15 16 17 18 19 20 21 22 A. 23 This apparently back in -- forty years ago, apparently, or more, Monsanto knew that it could be absorbed through the skin? Is that not so? I think that is what this says. I don't know what they did with the information and what other information has been around to either confirm or conflict with this. And maybe this answers your question. You raised the question about the spelling. Maybe it's a different chemical. Read the last sentence of the -- first sentence of the last big paragraph on that page. Let me read it. and you tell me if I'm reading it correctly. It's not highlighted. "I suppose there is no doubt that what has been termed Polychlorinated Biphenyls is equal to Aroclor." Did I read that correctly? It is. I guess I'm curious as to why they're using a different -- KRIEGSHAUSER REPORTING & VIDEO WATER PCB-SD0000040694 81 1 Q. 2 A. 3 4 Q. 5 A. 6 7 8 Q. 9 10 11 12 13 A. 14 15 Q. 16 17 18 19 20 21 22 23 Spelling? -- spelling compound. And indeed those could be two different materials. Right. I would assume this person was smart enough to understand the difference between the two. Yeah. Okay. But he apparently thinks that what he's talking about here being harmful is the same thing that's manufactured right there in Anniston, Alabama; is that right? I'd have to read the letter a lot more thoroughly to come to that conclusion. Well, okay. If you read the letter after this deposition and think that what I have said is not so and that that conclusion is wrong, there's an addendum where you can make changes and additions if you want to. And I invite you to do that. MR. BECK: I don't know that we have -- I would assume he did KRIEGSHAUSER REPORTING & VIDEO 83 1 2 3 4 5 6 7 8 9 10 11 Q. 12 A. 13 14 Q. 15 16 17 18 19 Q. 20 21 22 23 customer, or potential customer of Monsanto, that they were buying PCBs from Monsanto at the time and they were discussing the labeling of this material. Is that not so? Take a moment and look at that letter and see if I'm not correct. [Discussion held off the record.] MR. BARRETT: Back on the record. Have you read that -Could I go through it again because I had - Yes. MR. BARRETT: Go back off the record. [Discussion held off the record.] (By Mr. Barrett) Now, you have had a chance to look at this December 5, 1958 letter from Monsanto to Westinghouse. And let me ask you some basic questions about it. First of all, it's reference KRIEGSHAUSER REPORTING & VIDEO 82 1 2 3 4 5 6 7 8 9 Q. 10 11 12 13 14 A. 15 Q. 16 17 18 A. 19 20 21 22 Q. 23 not waive signature. I don't know that we had decided not to waive signature. If you would like him to read the letter, he can. I think that might pose an undue obligation on him to clarify your question. (By Mr. Barrett) Now, let's look at a letter, this Exhibit Five, a letter that Monsanto wrote to Westinghouse. What was the relationship -- This is 19 -It's dated December 5, 1958, is it not? Yes. Now, what was the relationship between Westinghouse and Monsanto in December of 1958? I'm not certain. I know that subsequently they were a customer, but at this time, you know, I'm just not sure. Well, the letter itself indicates fairly clearly that Westinghouse was a KRIEGSHAUSER REPORTING & VIDEO 84 1 2 3 4 A. 5 6 7 Q. 8 9 10 11 12 13 14 A. 15 Q. 16 17 18 19 20 21 A. 22 23 to Pydraul labeling. Pydraul is a brand name of a PCB product made by Monsanto, is it not? I'm familiar with the Pydraul name, but I'm not familiar with it's formulation or what was in it. Well, assume for this question that it's PCBs, and we'll prove that by other means. It is in fact a brand name of PCB used in compressors and other industrial equipment. But this letter concerns how to label this product, does it not? Yes. And there's been a request made that a fairly elaborate caution label be put on this material when it's resold to other people. Somebody else outside the -either Westinghouse or Monsanto made that request. Is that not so? I mean, the way I look at this letter, Westinghouse received a copy and is not involved in the letter itself at all. KR IEGSHAUSER REPORTING & VIDEO WATER PCB-SD0000040695 85 1 2 3 4 5 6 Q. 7 8 9 10 11 12 13 14 15 16 A. 17 Q. 18 19 20 A. 21 22 23 It looks like an internal memorandum that somebody from Monsanto, D. F. Smith, wrote to another person at Monsanto, R. D. Minteer, or something like that. Okay. Okay. But let's go to the content of the letter. Look at the last sentence on that first page. Monsanto says, "It is our desire to comply with the necessary regulations, but to comply with the minimum and not to give any unnecessary information which could very well damage our sales position in the synthetic hydraulic fluid field." Did I read that correctly? That's what it says. Do you agree that Monsanto here is -seems to be more interested in sales of its product than it is in public safety? I don't read that that sentence says there's a contest between those. I mean, I think as you go on, it basically says that he wants to do what what's KRIEGSHAUSER REPORTING 8 VIDEO 87 1 2 3 A. 4 Q. 5 6 7 A. 8 Q. 9 10 11 12 13 14 15 A. 16 Q. 17 18 19 20 21 22 23 A. which could very well damage our sales position. Is that not so? I think that's what it says. By 1965 Monsanto knew that PCBs could kill human beings with liver and kidney damage, is that not true? I don't know that for a fact. Well, now, you testified earlier that your recollection was or your current belief is that Monsanto understands that there are some environmental problems maybe with PCBs, but there's certainly no human health effects. Didn't you testify to that earlier? Yes. All right. Now, I'm showing you a letter. Exhibit Six, from Monsanto's files dated September 3, 1965. And this is a letter, is it not, or a report. from a man named Elmer P. Wheeler, to a Richard Davis in Monsanto; is that right? Yes. KRIEGSHAUSER REPORTING & VIDEO 86 1 2 3 4 5 6 7 8 9 Q. 10 11 12 13 14 A. 15 16 17 18 19 20 Q. 21 22 23 necessary from a labeling viewpoint and a legal side and maintain our excellent position in this field. So it looks to me like the request here is, you know, I need to be both; I need to be successful in the marketplace, and I need to do what's appropriate from a labeling and a requirement standpoint. Right. And they were afraid if they put a strong label on this product that it wouldn't be successful in the marketplace, to use your word. Is that not so, that it would hurt its sales? I mean, I think that there's a caution there that the person is raising, and I want to construct the correct balance between labeling and its accuracy and what -- you know, what we do in the marketplace in order to be successful. And to be successful in the marketplace, Monsanto here wanted to put the very minimum, to use Monsanto's words, and not to give any unnecessary information KRIEGSHAUSER REPORTING & VIDEO 88 1 Q. 2 A. 3 4 5 Q. 6 7 8 A. 9 Q. 10 11 12 13 14 A. 15 16 17 18 19 Q. 20 21 22 23 Who is Elmer P. Wheeler? I do remember Elmer. He was in the medical department, I believe, when I started working for the company. So Mr. Wheeler in the medical department is writing to Richard Davis. Who is Richard Davis? I do not know Richard Davis. But -- okay. But it says St. Louis general offices. Would Richard Davis have been in the general offices, or was that -- Mr. Wheeler himself was in the general offices? Typically, you know, the heading on that is -- that's who the letter is from and where the letter is from. And I know Elmer was at the St. Louis general offices. But he's talking about a telephone call that he had gotten from a customer -- a Mr. Haredos, H-A-R-E-D-O-S, who apparently was at Reliance Electric and Engineering Company in Cleveland, Ohio. KRIEGSHAUSER REPORTING & VIDEO WATER PCB-SD0000040696 89 1 2 A. 3 Q. 4 5 6 7 8 9 10 11 12 13 14 15 16 17 A. 18 Q. 19 20 21 22 23 Is that not so? I assume so. Let me see if it's not self-explanatory. Let me read the first sentence to you. "As I told you on the telephone, Mr. Haredos called me earlier this week quite disturbed as a result of my letter of August 27th. This letter apparently alerted him somewhat to the potential toxic hazards of Aroclor 1242 at elevated temperatures. He told me that the Monsanto literature furnished him had been more reassuring in terms of what problems might arise in their application." Did I read that correctly? Yes. Now, the first sentence of the second paragraph says, "For the record, Mr. Haredos1 application involves the use of Aroclor 1242 as a coolant in electric motors." And does it say down at the bottom that Mr. Haredos went on KRIEGSHAUSER REPORTING & VIDEO 91 1 2 A. 3 Q. 4 5 6 7 A. 8 9 10 11 12 13 Q. 14 15 16 17 A. 18 Q. 19 A. 20 Q. 21 A. 22 23 substance called Dioxin. Is that true? Again, I'm not certain of that. No. Do you believe it to be true, from your reading of the literature and your responsibility as the vice president for the environment and health and safety? Listen, the PCB business -- they were out of business long before I got involved in this in my career. 1 don't recollect that -- you know, a lot of conversations about PCBs being contaminated with Dioxin. Okay. Are you aware that as early as 1965 that your medical director, Dr. Kelly, Dr. Emmet Kelly, knew that Dioxin could be a potent carcinogen? In humans or animals or -Well -I mean, my recollection is -Living creatures? -- we have known for some time that in tests certain of the isomers of Dioxin are harmful to animals. I think there's KRIEGSHAUSER REPORTING & VIDEO 90 1 2 3 4 5 A. 6 Q. 7 8 9 10 A. 11 12 13 14 15 16 17 Q. 18 19 20 21 22 Q. 23 to say that in his own plant hot Aroclor spills on the floor were common and that his own employees had complained of discomfort." Did I read that correctly? Yes. Now, I want you to read to the jury the next sentence, if you would read it slowly and clearly where the jury can hear this. "! was brutally frank and told him that this had to stop before he killed somebody with liver or kidney damage -not because of single exposure necessarily but only due to emphasize that 8-hour daily exposures of this type would be completely unsafe." Thank you. Now, on the same year Monsanto knew that -- Skip this. Stop that just a moment. [Discussion held off the record.] (By Mr. Barrett) Mr. Pierle, PCBs are contaminated with another hazardous KRIEGSHAUSER REPORTING & VIDEO 92 1 2 3 4 5 Q. 6 7 8 9 10 11 A. 12 13 14 15 16 17 Q. 18 19 20 21 22 23 been a much longer debate about the human health effects of Dioxin that has continued on for several years even to today. So what you're saying is that while you acknowledge that Dioxin has been shown to cause cancer in laboratory animals, Monsanto and you do not accept that that might indicate that it likewise could cause cancer in a human being? In and of itself, I don't think that's a given. And there's also in all of this always the question of dose and response, which is always an issue relative to anything that has a toxic or hazardous property. Well, that's right. But that's a separate issue. We're not talking about that right now. We're talking about at some level Dioxin is a potent carcinogen, that is, it causes cancer, in laboratory animals. Is that your understand!' ng? KRIEGSHAUSER REPORTING & VIDEO WATER PCB-SD0000040697 93 1 A. 2 3 4 5 6 Q. 7 8 9 10 11 A. 12 Q. 13 A. 14 15 Q. 16 17 18 19 A. 20 21 22 Q. 23 A. Yeah. In some laboratory animats. Again, I'm not an expert. But I'm just sort of recalling what I understand about the whole Dioxin discussion and debate that's been ongoing for years. Right. And for that reason as well as the totality of other evidence, scientists consider and classify Dioxin as a human carcinogen as well, do they not? I'm not - You don't know that? I'm not familiar with the exact classification. Uhat about PCBs? Are you aware that PCB is classified as a probable human carcinogen, that is, that it probably causes cancer in human beings? Again, there is a classification. There's differences between possible. probable, and all of that. I know. And I'm just not an expert on that. I KRIEGSHAUSER REPORTING & VIDEO 95 1 2 3 Q. 4 5 6 A. 7 8 9 10 11 12 13 Q. 14 15 16 17 18 A. 19 20 21 22 23 Q. human health is a particular human health issue. Okay. I want to ask you to look at the next -- go back to Exhibit Three, if you don't mind. Is this what you're looking at or are you looking at something else? Looks like you're looking at something else. MR. BARRETT: Let's go off the record. [Discussion held off the record.] (By Mr. Barrett) Mr. Pierle, I'm going to hand you a document; we have called it exhibit -- Plaintiff's Exhibit Number Eight. What's the title of this document? It's titled "Process for Production of Aroclors" -- looks like "Pyranols, Etc." at the Anniston and the W. -- or the William G. Krummrich plant, dated April 1955, E. Mather. Do you know who E. Mather is? KRIEGSHAUSER REPORTING & VIDEO 94 1 2 Q. 3 4 5 6 7 8 A. 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 don't know. You don't think it's your responsibility to know that and you're responsible overall -- you're the man for the environment for safety and health in your company? Who should know it if you don't know it in your company? I think the toxicology experts and the people that we rely on in the medical department would know the phraseology and the specifics of whether it's classified by some agency or some group in a particular fashion. I think what I have referred to is that I have exercised my responsibilities and were asked the question about -- you know, in the particular situations that we have with the dose and what we know about it, do we think we're presenting a hazard to human health, the answer that we have continually attested and concluded on is that no, we do not see that PCBs in the concentrations that we see and expose to KRIEGSHAUSER REPORTING & VIDEO 96 1 A. 2 Q. 3 4 A. 5 Q. 6 A. 7 Q. 8 9 A. 10 Q. 11 12 A. 13 Q. 14 15 A. 16 Q. 17 A . 18 Q. 19 A. 20 Q. 21 A. 22 23 I do not. But you know what the Krummrich plant is, don't you? Yes. That's one of Monsanto's plant? 11 i s. And the Anniston plant is another one of them, right? Yes. Does this appear to be a Monsanto document to you? Yes. Are you familiar with any of the persons named on the distribution list? Only one. Which one? 0 . B. Hosmer. In Anniston? Yes. Who was D. B. Hosmer in Anniston? I don't know what he did in Anniston. I worked for Mr. Hosmer in the mid-1970s in St. Louis. KRIEGSHAUSER REPORTING & VIDEO WATER PCB-SD0000040698 97 1 Q. 2 A. 3 Q. 4 5 6 A. 7 Q. 8 A. 9 10 Q. 11 12 13 14 A. 15 Q. 16 17 18 19 20 A. 21 Q. 22 23 He was a Monsanto employee? Right. And he got a copy of this. All right. I want you to -- What's the date of it again, 19 what? Looks like it's April 1955. Okay. Although it says the distribution list is amendment July 19, 1956. Right. Look over on the fourth page of this document under the title "Hazards" and then "Toxicity" at the top of the page. Do you see that? Yes. It says, the first sentence, "There are many literature references to harmful effects of the type of 'chlor acne' resulting from exposure to chlorinated diphenyls." Did I read that correctly? Yes. Then down the third paragraph? MR. PECK: Could you read the rest of that sentence? I think KRIEGSHAUSER REPORTING 8, VIDEO 99 1 2 3 4 5 6 A. 7 8 9 10 11 12 Q. 13 14 A. 15 Q. 16 17 18 19 A. 20 Q. 21 22 23 A. same issue of same clothes. Incidentally, why would Monsanto treat its workers differently or better at the Krummrich plant in Illinois than they would in Anniston, Alabama? You're implying better. It may be -- I think back at the time in Monsanto these operations were pretty autonomous in terms of their practices. And it may have just been, you know, a different process in place in those two areas. But obviously, they knew what was going on at the home office. But anyway. Well, they did at this point in time. Yeah. By then. It also attaches, does it not, a 1947, September 1947 article about Aroclors? It does. And in fact, the title is on the toxicity of the Aroclors. Is that not true? Yes. KR I EGSHAUSER REPORTING & VIDEO 98 1 2 Q. 3 4 5 6 7 A. 8 Q. 9 10 A. 11 Q. 12 13 14 15 16 17 18 19 20 A. 21 Q. 22 A. 23 Q. it - "Especially in cases where people working with small electrical components have been exposed to fumes of hot highly chlorinated Aroclors." Did I read that correctly? Yes. Aroclors are the PCB product of Monsanto. Is that not true? Yes. Now, let's took at the third paragraph. "From the start of Aroclor manufacture at the Krummrich plant the operators have been supplied with a clean change of clothes every day, and time as been allowed at the end of the shift for bathing. Operators are advised to wash hands and face before eating." Did I read that correctly? Yes. Where is Krummrich? It's in the State of Illinois. The Anniston operators do not have the KRIEGSHAUSER REPORTING & VIDEO 100 1 Q. 2 3 4 5 6 7 8 9 10 11 12 13 14 15 A. 16 Q. 17 18 A. 19 Q. 20 21 22 23 Tell me whether I'm reading this correctly. This is a 1947 article that's been reproduced by Monsanto in April of 1955 and perhaps distributed in 1956. "There is need therefore to give warning. For the toxicity of these compounds has been repeatedly demonstrated, both from the standpoints of their absorption from the inspired air, as well as their effects in producing a serious and disfiguring dermatitis when allowed to remain in contact with the skin." Did I read that correctly? Yes. And then go to the next page. and Safety." You see that? "Health Yes. And we'll get back to the same thing why they treated the workers in Anniston differently than they did the northern workers. "At Anniston no specific protective clothing is provided to the KRIEGSHAUSER REPORTING & VIDEO WATER PCB-SD0000040699 101 1 Diphenyl and Aroclors operators." And 2 then it says that "The men are expected 3 to take a bath in their own time at the 4 end of the shift." Does it say that? 5 It does. 6 Look down in the third -- fourth 7 paragraph there, emphasized there, it 8 says, "At St. Louis, Plant B, the 9 Aroclors building is rated a toxic 10 department. Each operator is provided 11 with a complete set of clothing. 12 comprising hat, coat, trousers, 13 combination underclothes, socks, and 14 rubber shoes. A clean change of 15 clothing except shoes is placed in the 16 operator's locker in time for the 17 following shift." And then "Twenty 18 minutes' paid time is allotted for 19 bathing at the end of the shift." Does 20 it say all that? 21 It does. 22 But you didn't give the Anniston workers 23 the free time to change and the clean KR1EGSHAUSER REPORTING & VIDEO 103 1 change of clothing placed in the locker 2 and they're given twenty minutes to 3 bathe at the end of the shift if it's 4 not -- if there are no health affects or 5 no health worries? 6 Well, again, I think this goes back to 7 the question of were they provided 8 proper protection equipment for a 9 general chemical atmosphere where you're 10 either handling high concentrated 11 chemicals or where you may have other 12 conditions that would create potential 13 exposures. So I think this is 14 different. Again -- I mean, this is 15 preventive. The question is did this - 16 or exposure -- or were these workers 17 ever suffer any long-term effects 18 associated with handling PCBs. Again, 19 my understanding and my answer to that 20 is we do not believe that that occurred. 21 Much of the normal protection that's 22 provided here is around just keeping 23 things, you know, off your skin, off KRIEGSHAUSER REPORTING & VIDEO 102 1 2 3 A. 4 5 6 7 8 9 10 11 12 13 14 15 16 Q. 17 18 19 20 21 22 23 clothes and so forth, did you? Or when I say you, you know I mean Monsanto. And again, I think this defines different practices at the plant. For example, up in that first paragraph it says a daily change was provided to Anniston prior to the war and it was ceased before the war. So there was a change in practice for some reason. Maybe they were preserving materials for the war effort. I don't know. But to me it kind of illustrates the fact that there was some autonomy between these locations with respect to their employee practices. Yeah. Okay. What my next question is. at St. Louis or Krummrich, wherever, or at Anniston before the war, if there's no health affects from PCBs, as you have testified, why on earth would the operators or people that work in those areas be provided with a complete set of clothing and rubber shoes and a clean KRIEGSHAUSER REPORTING & VIDEO 104 1 2 Q. 3 4 5 6 A. 7 8 9 10 11 12 13 14 Q. 15 16 17 18 19 20 A. 21 22 23 your body, is a good hygiene practice. I see. So that's what Monsanto did for all their workers at all their plants, whether it was PCBs or not? Is that your testimony? No. What I'm saying is I suspect there was some conscious process around what was appropriate protection for workers at plant sites in operations. And I suspect back then it was different building to building or unit to unit, just as it is today, proper equipment for the proper condition. And doing all those things that Monsanto did for those workers in St. Louis shouldn't be seen by this jury in any way as implying that Monsanto may have in fact known that there were bad health effects associated with PCB? I think what the jury should look at is there may have been a different set of plant practices with respect to these people. What I don't read into this is KRIEGSHAUSER REPORTING & VIDEO WATER PCB-SD0000040700 105 1 2 3 4 5 6 7 8 9 10 Q. 11 12 13 14 15 16 17 18 19 20 21 22 23 that there was a knowledge that there was an absolute understanding of adverse health consequences with respect to these working conditions. MR. BARRETT: Let's go off the record. [Discussion held off the record.] MR. BARRETT: Back on. (By Mr. Barrett) Mr. Pierle, before the break we were talking about what Monsanto knew and what the evidence from their own records shows that they knew or should have known about PCBs. Look at Exhibit Nine, if you would, please. And while you're looking at it, I'll tell you that's a letter dated July 8, 1970, written -- we obtained it from Monsanto, written by Mr. W. B. Papageorge, Bill Papageorge, manager of environmental control. You certainly know Mr. Papageorge, don't you? KRIEGSHAUSER REPORTING & VIDEO 107 1 2 A. 3 4 5 6 Q. 7 8 A. 9 10 11 12 13 14 15 16 17 18 Q. 19 20 21 22 A. 23 Q. implications perhaps for human health? I think that's consistent with what I have said relative to the concerns on environmental -- you know, adverse environmental consequences. So it hurts all living creatures but human beings; is that right? Well, I think in these particular areas that -- you know, what -- it is important to understand that at what level and what compounds may have adverse toxic properties. And I think we do see in many cases there can be negative reactions in animals that are not produceable or do not exist in man. So I don't think you draw that straight line conclusion from this statement. No, but -- Of course, not. But don't you agree that this is evidence that ill health could happen not only to birds but to human beings as well? No. You don't? Okay. KRIEGSHAUSER REPORTING & VIDEO 106 1 A. 2 Q. 3 4 A. 5 6 Q. 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 A. 22 Q. 23 I do. And this is a Monsanto letter, is it not? Yes, I would assume so because Bill wrote it. Right. And in this letter he -- This letter is written in July. Apparently he had visited with this customer in Massachusetts in June, and there had been some concerns raised. So he wrote this letter on July 8th and responded to these concerns. I wanted to look where -- what Mr. Papageorge said about toxicity. Does he say "There is ample evidence from many laboratories that certain species of birds which are at the top of the marine food chain cannot reproduce properly when PCBs are present in their diet." Did I read that correctly? Yes. You don't think that has any implication -- Monsanto doesn't think that has any KRIEGSHAUSER REPORTING & VIDEO 108 1 A. 2 3 4 5 6 7 8 Q. 9 10 11 12 13 14 15 16 A. 17 Q. 18 19 A. 20 21 22 23 I think one of the things we talk about is sort of a concept of weight of evidence and the evidence in its totality. And this is just one piece of information that Bill speaks to specifically about certain marine animals. Let's look at another piece of evidence, which is his next sentence. The U. S. Fisheries Laboratory other Gulfbreeze, Florida conducted a study which indicated that juvenile brown shrimp did not survive in water containing five parts per billion of PCB. Did I read that correctly? Yes, you did. And that's not of any concern to Monsanto about human health, though? Again, what we would want to understand is both the sort of fish and bird toxicity as well as human toxicity and understand both of those. And we have spent a lot of energy and effort and KR IEGSHAUSER REPORTING & VIDEO WATER PCB-SD0000040701 109 1 2 3 4 5 Q. 6 7 8 9 10 11 12 13 14 15 16 17 A. 18 19 20 21 22 Q. 23 test work on our product line to understand those situations. So I think in this context it's very specific to that outcome. Look over on page two when he talks about disposal of PCBs. "The preferred method for disposable is high temperature incineration. I suspect there are several commercial burners on the market which will perform well." Then it says that it has to exceed 1600 degrees and so forth, otherwise you might create dioxins and so forth. Have I read that correctly? Have I characterized it correctly, what it says? As I read this, I think what Bill's basically saying is there is an acceptable practice available for destruction, the safe destruction of concentrated PCB materials. Right. To your knowledge here in June of 1998 has the PCB material at KRIEGSHAUSER REPORTING 8, VIDEO 111 1 A. 2 3 4 5 6 7 8 9 10 Q. 11 12 13 14 15 16 17 A. 18 Q. 19 20 A. 21 22 23 When you think about the question of available technology, you have to sort of say, is it technologically feasible. Then you have to ask the question, you know, is it economically feasible. Then you have to ask the question whether or not it's acceptable to the community. Any decision requires more than just can you technically do it. I understand that. But if I ask you all three of those questions, your attorney would have objected, said it was a compound question. My question, is it technologically feasible. Answer that part of it first, and we'll get to these other things. No, not in all conditions. What conditions is it technologically feasible to do it? Again, if you're burning concentrated materials at the proper conditions, you can burn that material. Incineration on certain things, such as burning dirt, we KRIEGSHAUSER REPORTING & VIDEO 110 1 2 3 A. 4 5 6 Q. 7 A. 8 9 10 11 12 13 14 15 16 17 Q. 18 19 20 21 22 A. 23 Q. Anniston, Alabama, waste material, been incinerated? These are not the same materials that Bill speaks to in this particular letter. What materials does he speak to? I think what he's speaking to here is the material that was product that once it was ready for disposal, that you could dispose of it in this manner. And he goes on to describe conditions under which that can be done safely. And I think he goes further on here to sort of talk about plans to actually put one of these incinerators in at one of our sites. Right. Is technology available to dispose of PCB contaminated soil as opposed to liquid product by incineration? Does the technology exist to do that? Today? Yes. KRIEGSHAUSER REPORTING & VIDEO 112 1 2 3 4 5 6 7 8 Q. 9 10 A. 11 12 13 14 15 Q. 16 A. 17 Q. 18 19 20 A. 21 22 23 have had an experience with an incinerator where we tried to burn materials that were contaminated, and the best incineration consultant in the world in a project had to be shut down because the system just simply would not operate. What did you do with that dirt after you found that you couldn't burn it? It is basically been -- what was liquid was moved off and burned consistent with an ability to burn liquids, and the rest of the material has basically been closed in place. Where was that? In Texas. Now, do you have any information about whether or not PCBs are believed to be teratogenic? Again, my memory is not clear on that question. Again, you're asking I think in laboratory animals or in humans? I know of nothing that says it is a proven KR IEGSHAUSER REPORTING & VIDEO WATER PCB-SD0000040702 113 1 2 3 4 5 Q. 6 7 8 9 10 A. 11 12 13 14 15 16 17 18 19 20 Q. 21 A. 22 23 teratogen in humans. Whether or not there's anything relative to test work in laboratory animals, I'm just not certain of all those details. Even if it were a probable teratogen in humans, that would be -- you wouldn't want it on your property, would you, if you had children or if your wife was of childbearing age? Again, the question that you asked doesn't ask the question about, you know, what is the concentration of the material and is that likely to be a -have a possible effect. And if you said that this was relatively low levels of material that were around on my property or with my children or my grandchiIdren, I don't know that I would get, you know, very upset or excited about that. Uh-huh. I think I'd want to make a judgment in my own mind as to personally did I understand whether it was or not, and KRIEGSHAUSER REPORTING & VIDEO 115 1 2 3 4 A. 5 6 7 8 9 10 11 12 Q. 13 14 15 16 17 18 19 A. 20 21 22 23 carcinogen by government regulatory agencies that both Solutia and Monsanto have to deal with? Again, this goes back to an earlier question where I think I described it. Depending upon the regulatory statute. it may be specifically categorized one way, and it could be categorized another way under a different statute. And I don't today have all those facts in front of me. Okay. Let's get away from the properties of PCBs and discuss their discharge by Monsanto into the neighborhood. It's a fact, is it not. that at least as early as 1968 Monsanto knew that it was contaminating its neighbors with PCBs? I recall there was a lot of effort around that time to understand discharges from production units. You know, I'm not familiar with what we knew at that point in time in 1968. KRI EGSHAUSER REPORTING & VIDEO 114 1 2 3 Q. 4 5 A. 6 7 8 Q. 9 10 A. 11 12 13 14 15 Q. 16 A. 17 Q. 18 19 20 A. 21 22 Q. 23 then probably take action based upon that judgment. Tell the jury what a teratogen is. Define that word. Again, you're sort of asking very technical terms that have very specific meanings. I wasn't trying to trick you. It just means birth defects, does it not? I don't know if that's all that it means. That's why I say -- you know, I would really like for -- I'd ask my experts that, and I wouldn't give you an incomplete definition. But it means at least that, does it not? It can include that, I believe. That's what the Greek word -- basis of it is, means -- I mean, it means birth defects? You're better at the Greek language than I am. And do you admit or deny that PCBs are a -- are classified as a probable human KRIEGSHAUSER REPORTING 8 VIDEO 116 1 Q. 2 3 4 5 6 7 8 A. 9 Q. 10 A. 11 Q. 12 A. 13 Q. 14 A. 15 Q. 16 A. 17 Q. 18 A. 19 Q. 20 21 22 23 Let's look at the documents. That will maybe clear it up some. The first one is Exhibit Ten that you have got there in front of you. It's dated December 30, 1968, referenced, "Aroclor Wildlife." Does this -- or is this a copy of a Monsanto document? It appears to be. Written by W. R. Richard, Bill Richard? Yes. Do you know Bill Richard? I knew Bill. To W. A. Kuhn or Kuhn? Kuhn, I believe. Did you know him? Yes, I did. Both of them employees of Monsanto? Yes. It says, does it not, "Bill, you wanted to become more familiar with the legal-pol it i ca l problems facing Aroclor with regard to pollution and the accumulation" -- KRIEGSHAUSER REPORTING & VIDEO WATER PCB-SD0000040703 117 1 2 3 4 5 6 7 Q. 8 9 10 11 12 13 14 15 16 A. 17 Q. 18 19 20 A. 21 22 23 MR . PECK: I'm sorry. Accusations, I guess. I think it was accusations in the literature. You said accumulat i ons. MR. BARRETT: I'm sorry. (By Mr. Barrett) Start over. "Bill, you wanted to become more familiar with the legal-political problems facing Aroclor with regard to pollution and the accusations in the literature that chlorinated biphenyls are poisoning and killing wildlife." Then it said, "These wildlife people have to be taken seriously." Did I read that correctly? You did. So Monsanto is realizing that, hey, St. Louis, we have got a problem here; is that right? Well, I think both these people were in St. Louis, and yeah. I'm reading here that it's saying here's some information, much of which we have KRIEGSHAUSER REPORTING & VIDEO 119 1 Q. 2 3 A. 4 5 6 7 8 9 Q. 10 11 A. 12 Q. 13 A. 14 Q. 15 16 A. 17 18 19 20 Q. 21 22 23 A. Second thing we're going to do, Mr. Wheeler, Mr. E. Wheeler -The first thing was -- sort of in the first one was the analytical stuff. I think in the paragraph above that, that, you know, we're going to find out if this is really PCBs or not. And we need to understand that. That's right. And by the way, they did find out that it was PCBs, didn't they? I guess you'll tell me about that. I wi11. I sure will. As we go forward. The next thing that said that Mr. Wheeler -- Now, who is Mr. Wheeler? Again, he was in the medical department. I think his area of concentration was on industrial hygiene, worker exposure, that area. It says he's going to try to find a -says, quote, "safe" level for Aroclor feeding. Right. KRIEGSHAUSER REPORTING & VIDEO 118 1 2 3 4 Q. 5 6 A. 7 Q. 8 9 10 A. 11 12 Q. 13 A. 14 15 Q. 16 17 18 A. 19 Q. 20 21 22 23 A. talked about; we need to take them seriously; we're taking steps, you know, to move forward here. And it says that "We are taking three steps to protect ourselves." Uh-huh. That's right. They're not talking about protecting anybody but Monsanto here. Is that what it says? I think that's an overread of the situation. Okay. I mean, we ought to I guess go down and read and find out what they're doing. That's right. Says "We are taking three steps to protect ourselves." I did read that correctly, didn't I? Yes. And one of the things we're going to do is do some -- we're going to feed Aroclor to some chickens. We're going to do some tests. Right. KRIEGSHAUSER REPORTING & VIDEO 120 1 Q. 2 3 4 A. 5 Q. 6 7 A. 8 9 Q. 10 11 12 13 14 15 16 17 18 19 20 21 A. 22 23 Says, "If we can find a 'safe' level. Calandra's lab will do 2 year experiments on animals," so forth? Uh-huh. Calandra's lab, that's IBT, is it not? Industrial Bio -1 know IBT. I don't know Calandra. I know IBT by reference. We'll get to that. That's okay. Then on the second page it said, "The third step is to minimize exposure of Aroclor to reduce air and water pollution, and to restrict it to the uses which can be controlled. This is the only way I see to survive." And when he's talking about surviving, he's talking about Monsanto surviving and selling this PCB material? Is that -He's not talking about his own life. right? No, he's not. I know Bill Richard. He was a, you know, real responsible guy, and that's the way I'm reading this KRIEGSHAUSER REPORTING & VIDEO WATER PCB-SD0000040704 121 1 2 Q. 3 A. 4 Q. 5 6 7 A. 8 9 10 11 Q. 12 13 14 A. 15 16 Q. 17 18 19 20 21 A. 22 Q. 23 note. So you agree with me, then? He wasn't talking about himself. Right. He was talking about the company's financial viability; is that right? Again, he says survive. I mean, whether that's that business, financial, or whatever, I don't know how broad his interpretation was on that. But it's certainty reasonable to think that's what he's talking about, isn't it? That would be included. Again, I can't read his mind. Next paragraph. 111 believe we should make sure that our plants have minimum air or stream pollution." And then, "I believe Anniston is vulnerable." Does it say that? Yes. So at least back as far as 1968 Mr. Bill Richard was concerned that Anniston was KRIEGSHAUSER REPORTING & VIDEO 123 1 Q. 2 A. 3 Q. 4 5 6 A. 7 Q. 8 9 A. 10 Q. 11 12 13 14 15 16 A. 17 18 19 Q. 20 21 22 23 Right. And that was dated 1968, right? That's correct. Okay. Look at Exhibit Eleven, please. Now, do you -- Do you know who Robert Metcalf is? I do not. Okay. And do you know what Industrial Biotest Laboratories is, don't you? I have heard of it. We're going to talk about it in a minute, but they had a pretty close connection -- They were an independent laboratory with a close working relationship with Monsanto. Is that not true? I understand they were a contract laboratory. I don't know what the relationship was. Okay. All right. And anyway, this contract laboratory of Monsanto says in March of 1969 that, first of all, that about 80 million pounds of PCBs are produced annually? KRIEGSHAUSER REPORTING & VIDEO 122 1 2 3 A. 4 5 6 7 8 9 10 11 12 Q. 13 14 15 16 17 18 A. 19 20 21 22 23 vulnerable to the claim that there's air and water pollution with PCBs? Yeah. I think what Bill is saying here is what I would view as a pretty classical response, we ought to understand what we know about PCBs and are they there. We ought to understand toxicological what their properties are and where safe levels are, and we ought to understand our manufacturing processes and minimize loses from those. And specifically he said he believed Anniston is vulnerable. And by saying "vulnerable" there, he's saying that it's vulnerable because there probably is PCB air and water pollution at Anniston. Is that what that means? I think what he's saying is -- The way I would read that is what he was basically saying is that there are probably some things we're going to have to do in Anniston when we get on with the information. KRIEGSHAUSER REPORTING & VIDEO 124 1 A. 2 Q. 3 4 5 6 A. 7 8 9 10 Q. 11 12 Q. 13 14 15 16 17 18 19 20 21 A. 22 23 That's what it says. And down below that "it seems possible that at least 10 million pounds annually may become environmental contaminants," right? I'm trying to scan this sort of as you read it. That's what that phrase says. That's correct. Or that clause, I guess. And down -- It says -- Take a break. [A lunch break was taken.] (By Mr. Barrett) Mr. Pierle, before we broke for lunch, we were discussing the IBT report of March 1969. And we had gotten down to where it says that there were at least 10 million pounds -- or it seems possible that at least 10 million pounds annually may become environmental contaminants. That is where we broke. You see that in the document? I do. Just a point, I'm not sure -- As we said, I don't know Metcalf, and I don't know if this is an IBT document or KRIEGSHAUSER REPORTING & VIDEO WATER PCB-SD0000040705 125 1 2 3 Q. 4 5 6 7 8 A. 9 10 Q. 11 12 13 14 15 16 A. 17 18 Q. 19 20 21 22 23 a memo and a meeting or what. So I don't know -I understand that you don't. It also says that perhaps two to the -- times 10 to the 8th pounds have entered the environment. That's 200 million pounds. Is that not so? Is your math -I think that would be what that math would be. So 200 million pounds of PCBs have entered the environment. And then on the next page it says, and it's underlined, there is an important environmental quality problem involved in the waste of PCBs. Yeah. Then again, I don't know what that refers to. Well, it may well refer to just what you said earlier, that environmental, that is segmented, and not human beings. But at least it means what it says, environmental quality problem. Would you agree? KRIEGSHAUSER REPORTING & VIDEO 127 1 2 3 4 5 6 7 8 A. 9 Q. 10 A. 11 12 13 14 15 16 17 18 19 20 Q. 21 22 23 chronic toxicity hazards of chronic injection -- excuse me -- chronic ingestion of the PCB at part per million, ppm, levels. And this will almost certainly result in severe liver damage at some reasonable level. Did I say that right? Yeah. Again -Talking about rats and dogs, not humans? That's correct. And they're talking about, you know, study levels to try to induce or produce a chronic condition. That's typically the way you run tests. You want to run them at a level that you're going to produce some sort of effect so that you can then find levels where you don't produce effects and then go from there with respect to what is a hazardous material. Part per million levels, are you aware -- Since you brought that up, are you aware that many of the neighbors, many of your neighbors around the Anniston KRIEGSHAUSER REPORTING & VIDEO 126 1 A. 2 3 4 5 6 7 8 9 10 Q. 11 12 13 14 15 16 17 A. 18 19 20 21 22 Q. 23 I'm just reading the line above it is all, that it talks about mass spectrometry, and that's an analytical methodology. So it says there is an important environmental quality problem involved in waste of PCBs. So I don't know if it's a problem in the analytical detection method or what. So that's what had me confused. So let's go forward and see what the IBT people said about the experimental work planned at Industrial Biotest. And apparently they were going to do long-term feeding studies on rats and dogs. Right? I'm on page two in the middle of the page. I apologize for catching up to you here. Yeah. This looks like studies they're going to have done. And I guess there were going to be done at IBT, because it talks about work planned at IBT. Right. And it says that these studies will doubtless serve to indicate the KRIEGSHAUSER REPORTING & VIDEO 128 1 2 3 4 5 A. 6 7 8 9 10 Q. 11 12 13 14 15 16 17 18 19 20 A. 21 Q. 22 A. 23 Q. plant, have part per million levels in their own blood? MR. BECK: Object to the form of the question. I know that there are some people that have PCBs that have been determined. I thought it was part per billion level. which is one one-thousandth of this number. Okay. Look at the bottom of the page there, conclusions and suggestions. Do 1 read this correctly: "It seems to the writer that the evidence regarding PCB effects on environmental quality is sufficiently substantial, widespread, and alarming to require immediate corrective action on the part of Monsanto." Did that say -- Did I say that correctly? You did. And the date of this was March 21, 1969? Right. And this was done -- It's an Industrial KR IEGSHAUSER REPORTING & VIDEO WATER PCB-SD0000040706 129 1 2 A. 3 Q. 4 A. 5 6 7 8 Q. 9 A. 10 11 Q. 12 13 14 15 16 17 18 19 A. 20 Q. 21 22 23 Biotest Lab report, right? Weil -Apparently? I think it's a report from this individual about a meeting. I don't think this says this is what IBT is concluding and suggesting. Right. It goes on to identify seven things that should be done on the next page. Right. And we'll talk about the connection between IBT and Monsanto here in just a few moments. All right. Monsanto was aware that PCB discharges were going into and through residential areas of Anniston back during this time. Is that a fair statement? I don't know that for a fact. Okay. All right. I'll show you the documents there about that in a moment. Monsanto was aware that children live and play -- and at that time lived KRIEGSHAUSER REPORTING & VIDEO 131 1 2 3 4 Q. 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 A. 21 22 23 houses in the area. And I have been down there recently and I have seen some of that. Okay. But you won't concede that Monsanto knew that there were children living in the neighborhood, but let me ask you this, then. If you personally were living in that neighborhood, next to the Anniston plant, and you had little children who played outside and played in ditches that drained from Monsanto and overflow areas that were affected by Monsanto discharges, wouldn't you as a parent want to be told about those PCBs and about what the levels that may be -- you said levels are important and -- that the children were being exposed to? Wouldn't you want to know that? I think back at that time, and as I would think back to the '60s, '70s, that time frame, that there was certain information that folks did know. But l KRIEGSHAUSER REPORTING & VIDEO 130 1 2 3 4 5 A. 6 7 Q. 8 9 A. 10 Q. 11 12 A. 13 14 Q. 15 16 17 18 A. 19 20 21 22 23 and played in the neighborhood -- and neighborhoods immediately surrounding the Monsanto plant. They knew that, didn't they? I don't know what they knew at that time. You don't think that -- Did you ever go to Anniston? I have been to Anniston. When were you in Anniston for the first t i me? I think for the first time was somewhere in the last five years or so. Uh-huh. Had the houses been destroyed, or were you able to see that that Monsanto plant was right in the middle of a residential area? The first time I visited the plant I was not out in the community. We were in and out for a plant business. 1 am familiar with the work that we have done in the last couple of years with respect to the buy-outs and the removal of KRIEGSHAUSER REPORTING & VIDEO 132 1 2 3 4 5 6 7 8 9 10 11 12 13 14 Q. 15 16 17 A. 18 Q. 19 20 A. 21 22 23 think there was a lot of reliance on the governmental agencies at that time with respect to sort of the interactions between industry and the public. It was a conversation that was predominantly with the regulators. And my guess is that -- you know, people knew the plant was there. They knew where the waste water discharges were that happened from the plant site. I mean, my assumption would be -- and I don't know that for a fact -- you know, that there was a fair amount of general information known. Monsanto never voluntarily told people about these PCBs discharges into the neighborhood, did they? That I don't know. If they failed to do it, that was a bad thing, wasn't it? No. I don't think you can draw that conclusion. Again, as I said, I think a lot of the conversations -- I know starting in this area back at that time. KRIEGSHAUSER REPORTING & VIDEO WATER PCB-SD0000040707 133 1 2 3 4 5 Q. 6 7 A. 8 Q. 9 10 A. 11 12 Q. 13 14 15 16 17 18 A. 19 20 21 22 23 the regulatory agencies were the agent for the public, and most of those discussions really did happen with the regulatory authorities. When's the last -- Do you know where the Mars Hill Missionary Baptist Church is? I do. When is the last time you have seen that church? Probably sometime in the last six months. Then you yourself saw that the neighborhood that that church used to serve has been pretty well destroyed and demolished by this PCB contamination and the resulting buy-out and so forth by Monsanto. Is that a fair statement? Yeah. I mean, I'm familiar with several of the homes in the area have been purchased and removed. But also very near there there are several homes that are still existing and standing within that community. Clearly, there have KRIEGSHAUSER REPORTING & VIDEO 135 1 2 3 4 5 6 A. 7 8 9 10 11 12 13 14 15 Q. 16 17 18 A. 19 Q. 20 A. 21 Q. 22 A. 23 something else. I was just asking you are the -- many of the homes right around that church, have they been destroyed and demolished? And the answer is yes, isn't it? I think I said yes. What you were also suggesting was that that was the only extent that the church's community. And I think what I was reacting to is the community of a church, at least my understanding and experience represents a large body of people that are both usually close to the site as well as maybe far away. Mr. Pierle, you said you go to church four miles from here. We're in a suburb of St. Louis today as we speak. Uh-huh. Do you know what a baptismal pool is? Yes. Do you have one in your church? We do. Baptismal font, I think, may be the terminology. But it's a place where KRIEGSHAUSER REPORTING & VIDEO 134 i 2 3 4 Q. 5 A. 6 7 Q. 8 9 10 11 12 A. 13 14 15 16 17 18 19 20 21 Q. 22 A. 23 Q. been a number of those -- those that were closer to the plant site that have been removed. Right. And -In conjunction, I guess, with the people's desires to move. Well, the church itself looks different than it looked five years ago. I mean, now it's not in a neighborhood. Now all the neighborhood has been taken away, hasn't it? I wouldn't describe it that way. I mean, it's accessible. It had roads. There are homes that are close by. It looked to me like there was still easy access and egress in and out. I mean. the church I go to is four miles away. It's not in my neighborhood, but that's the church that I go to because I can get there. That's not what I asked you, though. I'm sorry. You're assuming that I'm thinking about KRIEGSHAUSER REPORTING & VIDEO 136 1 2 3 Q. 4 5 6 A. 7 Q. 8 A. 9 Q. 10 11 12 13 A. 14 Q. 15 16 17 18 19 20 A. 21 22 23 baptisms take place inside the church itself. Did you know there used to be a baptismal pool out behind the Mars Hill Church? I did not know that. Nobody has ever told you that? I don't believe that I have heard that. And that the water which filled it was mostly run-off water from your plant? Did you know that? Nobody told you that? No. Well, now that I have told you that, is it any surprise to you that -- to learn that in that area of the church property it was recently tested and very high levels of PCBs were found there? Did you know that? I don't know what levels you're talking about. I do know that part of the work we're doing, we had low part per billion levels in some of the run-off in the KR1EGSHAUSER REPORTING & VIDEO WATER PCB-SD0000040708 137 1 2 3 4 Q. 5 6 7 A. 8 Q. 9 10 11 A. 12 13 14 15 16 17 Q. 18 19 20 21 22 23 A. water. And that's -- you know, when we found this, triggered a whole series of additional work and investigation. You say low parts, parts per billion, well, it's -- 1 mean, that's -- PCBs are not very soluble in water, are they? They are not. So you're not ever going to have as high as a part per million, are you, in the water? No. But I think you have -- You would have solubility above the levels that we found. And they were, again, as I recall, pretty low part per billion levels. Single digit numbers was my recollection. Mr. Pierle, you agree that there's been so many PCBs discharged into the environment in the United States that practically everybody in the United States has at least some tiny amount of PCBs in their body? No. I don't think -- I think that's not KRIEGSHAUSER REPORTING & VIDEO 139 1 Q. 2 3 4 5 6 A. 7 Q. 8 9 10 11 12 13 14 15 16 17 18 19 A. 20 21 Q. 22 23 A. Earlier we had talked about who manufactured PCBs. And you told me that you thought that other people manufactured PCBs in the United States besides Monsanto? Yes. I have a document, Plaintiff's Exhibit Twelve, I'd like for you to look at. Now, this is a Monsanto document; I'll tell you that it is. But I'm going to ask you to confirm it. It says, "On 15 October the 'AD HOC' Committee consisting" -- and it gave a list of people -- gave a report summarizing the PCB pollution problem. Who are those gentlemen? Who is M. Farrar? Let me ask you this way. Do you know these people? I do not recall E. John. The other individuals I do recollect. Farrar, Hodges, Richard, and Wheeler are all Monsanto employees; is that correct? That's correct. KRIEGSHAUSER REPORTING & VIDEO 138 1 2 3 4 Q. 5 6 7 A. 8 9 10 11 12 13 14 15 16 17 Q. 18 19 A. 20 21 Q. 22 23 A. a fact. I think there have been blood level work that's been done that don't show detectable levels. But don't scientist believe that there are so-called background levels? You have heard the word "background levels"? Background is usually -- in my understanding is a level at which sort of is a limited detection. And sometimes background means it's not there but background is generally sort of at the level that we can measure. Doesn't mean it's present; it just means that's the lower limit of what we might be able to detect with our analytical devices. So you don't agree that it's ubiquitous in the environment now? You asked me if it was ubiquitous in people. And I said no to that. 8ut do you believe it's ubiquitous in the environment? No. KRIEGSHAUSER REPORTING 8, VIDEO 140 1 Q. 2 3 A. 4 5 Q. 6 7 8 9 A. 10 Q. 11 12 13 14 15 16 17 18 19 A. 20 21 22 23 Q. Do you know what the -- Have you ever seen this document before? Boy, not that 1 recollect. I don't believe so. We won't spend much time on it, then. But I will ask you to look at -- on page six, item seven, "Involvement With Other Producers." I see that. Does it say, "Although Monsanto is most probably responsible for the U. S. contamination and jointly responsible with MCL, for the United Kingdom problem, we cannot accept responsibility for the world." Does that indicate to you that Monsanto -- that whatever PCB problem is in the United States that it is most probably Monsanto? I think what that says is we made a lot of PCBs and we recognize that we did, but we weren't the sole producer on a global basis. Not on a global basis. We don't care -- KRIEGSHAUSER REPORTING & VIDEO WATER PCB-SD0000040709 141 1 2 3 4 A. 5 6 7 8 9 Q. 10 11 12 A. 13 Q. 14 15 16 17 18 19 20 21 A. 22 Q. 23 We're not trying to cure the world here; we're just talking about the United States. Yeah. I think what that indicates is we were a producer. That doesn't say we were the sole manufacturer or sole seller in the United States or Great Britain. But it does say that Monsanto is most probably responsible for the U. S. contamination, does it not? That's what it says. Thank you. That's all for that exhibit. Now, you have talked quite a bit about levels. Most scientists believe. do they not, that the higher the level of PCBs is in a living creature, the more likely that creature is to develop some health problem. Is that a fair state? I think that's a fair statement. In fact, that's what you have been saying at every opportunity today, you KRIEGSHAUSER REPORTING & VIDEO 143 1 2 3 A. 4 5 6 7 8 Q. 9 10 11 12 13 14 A. 15 Q. 16 A. 17 18 19 20 21 22 23 world, anywhere, that has identified a safe level of PCBs in the human body? I don't know whether that has been done or not. I mean, there are a lots of regulatory levels which imply that there are thresholds -- acceptable levels of PCBs in regulations. So regardless of whether there's a safe level or not, if it builds up in a person's body, the more he gets, the more likely he is going to be to reach that threshold level or cross that threshold level, is he not? That's conceivable. Well, it's a fact, is it not? No. I think it's conceivable. The fact is whether or not they are continuously exposed, whether or not there's anything that's going to continue to add to that. Because you could get to a point that you have received a certain level and it will not increase. And perhaps as you lose fat or secrete -- under certain KRIEGSHAUSER REPORTING & VIDEO 142 1 2 3 4 5 6 7 8 9 10 11 12 13 14 A. 15 16 17 18 19 20 21 22 23 Q. talk about levels and dose response and so forth. So the fact that most people have background levels -- that people may have background levels of PCBs in their body, or have some levels of PCBs in their body, that makes the situation worse if they absorb more PCBs from whatever activity, if they happen to live near the Monsanto plant and they absorb it that way. And the more they absorb, the more likely they are to have health effects. Do you agree with that? I think again in this whole discussion there's a concept of threshold and a level at which you may have an effect and you may not. So you may have -- you know, above the threshold some relationship or dose response, but there's also a concept that says at a particular level and below you may not have any adverse health effect. Do you know any scientific body in the KRIEGSHAUSER REPORTING & VIDEO 144 1 2 3 4 5 Q. 6 7 8 9 10 11 12 A. 13 Q. 14 A. 15 16 17 18 19 20 21 22 O. 23 circumstances probably lose some. I think that's dynamic. And I think the health experts would be best equipped to respond to that. Right. And they will. Do you agree or disagree that the more a member, say, of the Mars Hill Missionary Baptist Church breathes in dust with PCBs on it, on that dust, the more PCBs are likely going to build up in his or her body? Again -Do you agree or disagree with that? I think what I stated before, that with respect to dust, for example, is that may -- a PCB particle may be attached to dust, that may be filtered out in the respiratory system and not enter the body. And under those conditions the answer to that question would be no, I wouldn't expect it to increase. But the fact is, just like cigarette smoke, part of it is going to remain in KRIEGSHAUSER REPORTING & VIDEO WATER PCB-SD0000040710 145 1 2 3 4 A. 5 6 7 8 9 10 11 Q. 12 13 A. 14 15 16 17 18 19 20 Q. 21 22 23 the lung and part of it is going to be exhaled, isn't that right, if you breathe it in? No, I don't think so. Because the nose filters out certain levels and particles of material. And you then have to ask the question that, you know, is a bit more scientific, at which level the particles pass the respiratory system and get into the lung. And you're telling this jury that none of these particles do? What I'm telling you and telling the jury is that that's a fact dependent situation. And it could range all the way from none of it got in to some of it got in. And I don't know the answer to that question. I think you have to look at those particular facts. Are you aware that the Alabama Department of Public Health did an independent study of PCB dust levels at the Mars Hill Church and found that dust KRIEGSHAUSER REPORTING & VIDEO 147 1 2 3 A. 4 Q. 5 6 7 8 A. 9 Q. 10 11 12 A. 13 Q. 14 15 16 17 18 A. 19 20 21 Q. 22 23 pastor of the church. Do you have that in front of you now? I do. Does it say that -- Does it give three locations where they tested for polychlorinated biphenyls, PCBs, in dust at the church? Yes, it does. And it goes all the way from 1.80 parts per million to 4.42 part per million. Is that not so? That's correct. And does the next paragraph say EPA lists the level of concern for PCBs in dust at one part per million. Your dust level is above the level of concern. Si r? That's what it says. And I think that's the point at which they look at is a concern to look to trigger some action. We know that you may be exposed to PCBs by accidentally swallowing contaminated soil and dust. So the Department of KRIEGSHAUSER REPORTING & VIDEO 146 1 2 3 4 5 A. 6 7 8 9 10 Q. 11 12 13 A. 14 Q. 15 16 A. 17 18 19 Q. 20 21 22 23 in the Mars Hill Church had PCB levels which were more than four times the official EPA level of concern? Did you know that? I know that work has been done down there in general. And certainly we have participated with that work. And that's what's driving our actions down there to remediate those conditions. That was nice, but you didn't answer my question. Are you aware that they did a study at Mars Hill Church first? Yes, I am. Are you aware of the results of that study? I have heard the results of those studies. I don't remember all those numbers and data in my mind. Would you hand Exhibit Thirteen to him? I hand you now a letter dated March 8th, 1996, from the State of Alabama Department of Public Health to Rev. Weatherly, whom I will tell you is the KRIEGSHAUSER REPORTING & VIDEO 148 1 2 3 4 5 A. 6 7 Q. 8 9 10 A. 11 12 Q. 13 14 15 16 A. 17 18 19 20 21 Q. 22 23 Public Health, apparently they disagree with you about whether or not you can ingest PCBs by accidentally swallowing dust? Or do you not disagree? I don't think we're in disagreement on that point. You're just saying that you can't measure it; it's every breath is going to be a different amount? It could be. 1 mean, again, when you're looking at the cumulative dose. And that's right. That's the next sentence, says, "Contaminated in-door dust can add to your total exposure." What do they mean by that? I think that's just -- it's just a statement that contaminated indoor dust, and it refers to accidental swallowing. can add to your total exposure. I don't know what it means beyond that. In other words, it means what it says. the more you breathe that stuff, the more your exposure level is going to KRIEGSHAUSER REPORTING & VIDEO WATER PCB-SD0000040711 149 1 2 A. 3 4 5 Q. 6 7 8 A. 9 Q. 10 A. 1 1 Q. 12 13 14 15 A. 16 Q. 17 18 A. 19 Q. 20 21 A. 22 23 rise, right? On the swallowing basis, I mean, that's what I'm reading, and that's what he's referring to. And it also says "Exposure levels depend on amount and time of contact with contamination." Yes. You agree with that, don't you? Yes. And then finally that "contact with more of the PCBs for a Longer time causes higher levels of PCB in blood." Do you agree with that? That's what it says. I know it's what it says. I said do you agree with it? Again, I think that is possible. Is it is more than possible, is it not? It is likely? You're asking me to be an expert on this as to whether or not you take it in and it gets on up. KRIEGSHAUSER REPORTING & VIDEO 151 1 2 Q. 3 4 5 A. 6 7 8 9 Q. 10 11 12 13 A. 14 15 Q. 16 17 18 19 20 21 22 A. 23 want to know what was going on. Well, right. And do you think it's reasonable that it caused fear and anxiety among them? That would be, you know, at an individual level. Could it have in some? Sure. Anything is possible, and reasonable to assume that could happen. Rephrase it. Is it reasonable that the church members -- that some of the church members became upset and afraid after reading this letter? Yes. Especially if that is all the information they were given. And again, for the record, and you may not have answered this question yet. But these PCBs, which are in this dust, which are in the Mars Hill Church that we have seen the letter about, tell the jury in all probability who manufactured those PCBs. They were close to the plant site and we made PCBs, so I mean there's a logical KRIEGSHAUSER REPORTING & VIDEO 150 1 Q. 2 3 4 5 6 7 8 9 10 11 12 A. 13 14 15 16 Q. 17 18 19 20 21 22 23 A. No, sir. I'm just asking your opinion as the vice president in charge -- of this company and the same position at Monsanto of being responsible for the health and safety of your neighbors, as I said you were, among other people. your workers and your neighbors. And I'm asking you do you agree or disagree that contact with more of the PCBs for a longer time causes higher levels of PCBs in blood? Yeah. And I guess my take on that would be that it can cause higher levels. [Discussion held off the record.] Mr. Pierle, do you agree that it is quite reasonable that this letter that we are looking at now and the airborne PCBs, which was the reason for the letter, caused fear and anxiety among the church membership? Is that reasonable that it did? I would think that they would really KRIEGSHAUSER REPORTING & VIDEO 152 1 2 3 Q. 4 5 A. 6 7 Q. 8 9 A. 10 Q. 11 12 13 14 15 16 17 18 A. 19 20 21 22 23 assumption that PCBs in the area could have come from the plant. It's a logical assumption that they did come from the plant. Is that not so? Could or did. Is it logical that they may have come from some place else? Is it likely that they came from the plant? Probable. Now, we looked at documents earlier that -- one dated 1955, where Monsanto knew that people could get PCBs in their bodies by breathing it in. Do you remember that document? We can pull it out. It's Exhibit Three, I think. Exhibit Twelve. Without having to go through it, do you remember that? This was the memo I think when we talked about Montars, I couldn't recall. I don't know what the Montars were. And it talks about chloracne with the skin, and it could cause liver -- by inhalation of fumes that liberated at KRIEGSHAUSER REPORTING & VIDEO WATER PCB-SD0000040712 153 1 2 Q. 3 4 5 A. 6 Q. 7 A. 8 9 Q. 10 A. 11 12 13 14 15 16 17 18 19 20 Q. 21 22 23 A. elevated temperatures. Do you know whether or not Monsanto knew for many years that people could ingest PCBs into their body by breathing it? Is that the end of the question? Yes, sir. Did we know that, that you could ingest PCBs through breathing? Yes. Again, I think what I'm reading from these documents, that PCBs in the atmosphere and work conditions could exist under high temperatures and releases. And under those conditions it could be in the atmosphere, and under those conditions it could be breathed. That's what the documents that we looked at tell me about what we knew about breathing and ingesting PCBs. Okay. When did Monsanto first realize that it had a problem with airborne PCBs in Anniston to your knowledge? I don't know that what -- What are you KRIEGSHAUSER REPORTING & VIDEO 155 1 Q. 2 3 4 5 6 7 8 9 A. 10 11 12 13 14 15 Q. 16 17 18 19 A. 20 21 22 23 Of course not. Mr. Pierle, look at the second paragraph of that document. Does it discuss atmospheric losses? Does it say, "We do not plan to look for atmospheric losses based on our present mutual feeling that losses to the atmosphere are negligible"? I think that's what it says. Sort of based upon the properties of the material, we would not have expected that you would have atmospheric losses out of the production unit. That's what I read that to say. Well, it says -- that's not -- It says that they didn't do any testing, that they just had a feeling about it; is that right? Isn't that what it says? It does. But that feeling was, you know, based on what we talked earlier, about the properties of PCB, and clearly this is a low volable material. So I don't think they felt that. I think KRIEGSHAUSER REPORTING & VIDEO 154 1 2 Q. 3 A. 4 5 6 7 8 Q. 9 10 11 A. 12 13 14 15 16 17 Q. 18 19 20 21 22 23 A. describing as airborne? I don't know. My first recollection of this, again, if you use dust as a surrogate, was when we began the work here just a few years ago, that was precipitated after this question of sort of off-site run-off. But didn't you know as far back as 1969, 1970, that PCBs were being vented into the atmosphere? I think the documents indicate that there was potential that we had air losses or water losses. And I think what was described in that seven point program, as 1 read it, was an effort to try and find out what the facts were. Well, in 1969 -- Look at Exhibit Fourteen, if you would, please. In exhibit -- In 1969 Monsanto had a memorandum on this subject about -- that concerned, at least partly, atmospheric losses in Anniston, Alabama, did it not? Do you mind if I read this? KRIEGSHAUSER REPORTING & VIDEO 156 1 2 3 4 Q. 5 6 7 A. 8 9 10 11 12 13 14 15 16 17 Q. 18 19 20 21 A. 22 23 Q. that was feeling based upon what they knew about the properties of the material. But yet they elected not to test because what they say is we got a feeling that it's not going to be there? I think what it says is, as 1 read these notes, just scanned it, they were putting together a plan to begin to look at where do we have PCB losses. And they came to the conclusion -- and again, I'm assuming that based upon their knowledge of the properties of PCBs that it was not likely that they would look at the air emissions as a source of Loss. You don't think that the real feeling that these Monsanto employees had was that if they tested the air they would actually find it? No. I don't feel that. I don't believe that for a minute. You don't feel that way? KRIEGSHAUSER REPORTING & VIDEO WATER PCB-SD0000040713 157 1 A. 2 3 Q. 4 5 6 7 8 9 10 11 12 A. 13 14 Q. 15 16 17 A. 18 Q. 19 20 21 22 23 I don't believe that, and I don't feel that way. All right. Let's go -- What we know now, if they had actually done those tests, if they hadn't had that feeling and they had tested in 1969, they would very probably have found PCBs in the air, and if they would have tested the dust, they would have found PCBs in the dust that their neighbors were breathing. Isn't that true? No. Again, you're drawing a conclusion that I can't weave together in my mind. Let me ask you this: If they found it in the dust in 1996, which they did -You concede that, do you not? Yes. This is a quarter of a century after they had stopped producing it. They certainly would have found it in 1969 when that plant was blowing and going, as we say in the south. It was up and operating full speed. And they KRIEGSHAUSER REPORTING & VIDEO 159 1 2 3 4 A. 5 6 7 8 9 10 Q. 11 12 13 14 15 16 A. 17 18 19 20 21 Q. 22 23 sampling for air losses in Anniston but you would need to do it up north in your Krummrich plant? Again, I'd have to go back and look at the two processes and whether they were the same or not. But, sure, it's conceivable that different processes have different potential for air emissions. But at any rate, Monsanto decided to test at Krummrich, the air sample, but they decided not to test in Anniston. That's what these last two documents show without equivocation. Is that not so? Well, the one was in '69, and this is in '70. So I don't know whether they had decided anything different in Anniston or not subsequent to that note. I just don't know. Let's talk about that. Look at the next exhibit. Looks like to me that -- You see Exhibit Number Sixteen? KRIEGSHAUSER REPORTING & VIDEO 158 1 2 3 A. 4 5 Q. 6 7 8 9 A. 10 Q. 11 12 A. 13 Q. 14 15 16 17 A. 18 19 20 Q. 21 22 23 certainly would have found it then. That's just common sense, isn't it? No. Again, I don't think you can draw that conclusion. All right. Didn't you get involved in this issue of air testing yourself personally in Anniston back in those days? Not in Anniston. Okay. You did at Krummrich; is that correct? That's correct. Why would you -- Hand him Exhibit Fifteen. Krummrich is not any different than Anniston in the sense that both of them manufactured PCBs, right? I'm not certain that the processes were identical or making the exact same products. But is there any reason to believe that the PCBs were different enough or the process was different enough in Anniston that you wouldn't need to check for the KRIEGSHAUSER REPORTING & VIDEO 160 1 A. 2 Q. 3 4 A. 5 Q. 6 7 A. 8 Q. 9 10 A. 11 Q. 12 13 14 A. 15 Q. 16 17 A. 18 Q. 19 20 21 A. 22 23 Yes. This is a Monsanto document, is it not. that we received? Uh-huh (indicating yes). And it's from Mr. Ramsey at the Anniston plant, right? Yes. And it's addressed to Mr. Wright. Who is Mr. Wright? I don't recall. But the subject is Aroclor losses to the atmosphere at the HCL scrubber jet, right? Yes. The HCL scrubber jet is part of the equipment at the Anniston plant, right? Yes, it is. And it says -- the result is, is that apparently 2.6 pounds per day are being lost to the atmosphere; is that right? Let me read this, if I may, please. [Discussion held off the record.] KRIEGSHAUSER REPORTING & VIDEO WATER PCB-SD0000040714 161 1 A. 2 3 Q. 4 5 6 7 a 9 A. 10 11 Q. 12 13 A. 14 Q. 15 16 A. 17 Q. 18 19 A. 20 Q. 21 22 23 Okay. I'm sorry. Would you repeat the question? The letter reflects that according to their measurements and the calculations based on those measurements that approximately 2.6 pounds per day were being -- of PC8 were being lost to the atmosphere at the scrubber jet? That's the way I read the note based upon, again, calculations, not sampling. Right. But these were Monsanto's calculations? Yeah. Nobody did this for Monsanto, no Federal agency. They did it themselves? That's true. So these are their notes. 2.6 pounds. That's Monsanto's number? That's correct. And I'm sure that Monsanto was disappointed probably to learn that they were losing PCBs to the atmosphere like that. Do you agree? KRIEGSHAUSER REPORTING & VIDEO 163 1 Q. 2 3 4 5 6 A. 7 8 9 10 11 12 Q. 13 14 15 16 17 A. 18 19 20 21 22 23 Q. Did Monsanto inform its neighbors that the neighborhood was being contaminated. not only from run-off water but also from airborne PCBs as a result of this test? I don't know what convnuni ca t ions were made, nor whether there was an assumption or conclusion that this was actually falling off the plant property. So I don't know what was done at that point. In other words, you think they may have thought that it just went up into the air but stayed on the right side -stayed on the correct side of that fence like obedient animals or something? No. I don't know what they thought. I'm just saying PCB is a pretty heavy molecule. It would fall out pretty close relative to something that was a lot lighter. I don't know what they thought at that point in time. So it's either going to fall out back on KRIEGSHAUSER REPORTING & VIDEO 162 1 A. 2 3 4 5 Q. 6 7 8 9 10 A. 11 12 Q. 13 14 15 16 17 18 19 20 A. 21 Q. 22 23 A. I don't know what their feelings were then. This was part of this overall exercise to try to get control of PCB losses. Right. Did Monsanto follow up this report by doing any air or dust sampling in the yard or the homes or the churches in the immediate neighborhood of Anniston? I don't know what they did as next steps. Well -- Let me tell you that we have found no record of it. And I'm wondering if you have seen any record which would indicate or if you have any record that hasn't been turned over to us that would show that they went out and followed this up with any air or dust sampling. I don't know. You don't know of any? You certainly don't know of any, do you? No, I do not. KRIEGSHAUSER REPORTING & VIDEO 164 1 2 3 A. 4 5 6 Q. 7 8 9 10 11 A. 12 13 14 15 16 17 Q. 18 19 20 21 22 23 the plant itself or within the close neighborhood? Or it may be carried further. I don't know the air chemistry and dynamics of it. Do you have any evidence that Monsanto ever called or alerted the Alabama Department of Health about this airborne PCB contamination that it discovered in 1970? I don't know. You know, my recollection was there was a lot of conversation back and forth on this with regulatory agencies in general on the PCB issue. But I don't know specifically with respect to the question you have asked. Let's talk about that exactly. Let's talk about the relationship that you had with the -- and 1 don't mean you personally -- the relationship that Monsanto had with the government, the State of Alabama. The fact is Monsanto had a friend in government that it KRIEGSHAUSER REPORTING & VIDEO WATER PCB-SD0000040715 165 1 2 3 4 A. 5 6 7 8 Q. 9 10 11 12 13 14 A. 15 16 a. 17 18 19 A. 20 Q. 21 A. 22 Q. 23 A. didn't mind talking to. That man's name was Joe Crockett. Do you remember Joe Crockett? I recall the name, but I don't know the individual. Or -- and you have described some relationship. I don't know anything about that. Okay. Do you remember him -- We'll go through the documents if we need to, as we need to, but do you remember whether or not in 1970 and '71 that he was the secretary of the Alabama Water Improvement Commission? I recall he was an official. You have given more specific reference. Let's look at Exhibit Seventeen, please. Now, have you ever seen this document before? I don't recall seeing it. It's a Monsanto document, is it not? Yes. Dated August 7, 1970? Yes. KRIEGSHAUSER REPORTING & VIDEO 167 1 2 3 A. 4 Q. 5 A. 6 7 8 9 10 Q. 11 12 A. 13 Q. 14 A. 15 Q. 16 17 18 19 20 21 22 23 the general offices in St. Louis. Read what he said at the top of it. The "Confidential - FYI And Destroy." Yes. "Following are the moves under way resulting from the FDA findings of high levels of PCB in fish taken from Choccolocco Creek downstream from its confluence with Snow Creek." Goes on -Right. Did -- Wonder why Mr. Hodges wanted this document destroyed? 1 don't know. Well, now, have you read the document? No, I have not. Look down in paragraph three. See if it won't give us -- tell us something about that. "Joe Crockett, Secretary of the Alabama Water Improvement Commission, will try to handle the problem quietly without release of the information to the public at this time." That's the reason Mr. Hodges wanted this document destroyed, isn't it? KRIEGSHAUSER REPORTING & VIDEO 166 1 Q. 2 3 A. 4 Q. 5 6 A. 7 8 Q. 9 10 11 A. 12 13 14 15 16 17 18 19 Q. 20 21 22 A. 23 Q. Subject to PCB cleanup program, Anniston? Yes. And it's written to Mr. H. S. Bergen. Who is he? My recollection was he was a business manager. And it was written by Paul B. Hodges. Tell the jury who Paul B. Hodges is, or was? I know Paul. He was my first boss at Monsanto at the Krummrich plant and later moved to the general offices to become an environmental manager and I think at that time it was -- in part of Monsanto. It may have been called the organic chemical division. I don't recall the precise organizational name. He was a man that was fairly high up in the management structure of Monsanto in August of 1970, was he -He was a middle manager. And he wrote a letter to Mr. Bergen at KRIEGSHAUSER REPORTING & VIDEO 168 1 A. 2 3 0. 4 5 6 7 8 9 10 A. 11 12 13 14 15 16 17 18 19 Q. 20 A. 21 22 23 I don't know why he put that up there. I mean - Do you think -- Is it shocking to you that here is a man who is in a position of authority with the Alabama Water Improvement Commission who is -- who wants to handle the problem quietly without release of the information to the public? Do you find that shocking? Back in 1970, you know, the fact here is that Monsanto was talking to the regulatory authorities. And that may not have been a requirement at that point in time. And the way I read this is Crockett has made the judgment that as the officer of the State of Alabama, that's how he intends to handle this matter. So I don't view it as -Shocking? -- improper or shocking, given the time and the trust that existed in regulatory agencies at that point in time. This was kind of standard practice. It's KRIEGSHAUSER REPORTING & VIDEO WATER PCB-SD0000040716 169 1 2 Q. 3 4 5 6 7 8 9 A. 10 11 12 13 14 15 16 Q. 17 18 19 20 A. 21 22 Q. 23 changed since then. Monsanto has done this with other -- has had other people with -- in Alabama government that have agreed to, quote, handle the problem quietly without release of the information to the public? Other people besides Joe Crockett? No. That's not what I said. I think what I said was it was fairly standard practice at this time for matters to be handled with regulatory agencies who were acting on behalf of the public. That was pretty much what I'm referring to as standard practice. And Joe Crockett was supposed to be acting on behalf of the public, behalf of the citizens of the State of Alabama, was he not? He was a regulatory agent. And that was the relationship then. And the fact is, the truth is that Joe Crockett violated his position of trust KRIEGSHAUSER REPORTING & VIDEO 171 1 2 3 4 5 A. 6 7 8 9 10 Q. 11 12 13 14 A. 15 16 Q. 17 18 19 20 A. 21 22 Q. 23 letter to the home office to say, "Confidential, FYI," meaning for your information, "And Destroy"? Do you find that unusual? I don't find that unusual. I mean, we have various reasons and document retention kinds of things that get into document destruction. I don't know what was envisioned here. Well, let me ask you about this: Have you seen other documents related to Anniston that said "read and destroy" or "for your information and destroy"? I have not looked at the Anniston, you know, files or documents. And are you telling me that an -- that Monsanto had a document destruction policy which allowed confidential memos to be sent and immediately destroyed? I think there was a document policy, and what it was is what it was. Uh-huh. And -- but you don't find it -you see nothing unusual about having a KRIEGSHAUSER REPORTING & VIDEO 170 1 2 3 4 5 A. 6 7 8 9 Q. 10 11 12 13 14 A. 15 Q. 16 17 18 19 20 A. 21 Q. 22 23 given him by the State of Alabama and by the people of Alabama, and he was working to protect Monsanto and not the people of Alabama. Is that not so? No. I mean, you have to ask Joe Crockett what his basis for decision and determination was in this particular case. Yeah. Look up at the top. It says that under "Status," that "We are presently discharging to Snow Creek about sixteen pounds a day of PCB down from 200 fifty pounds a day in '69." Does it say that? Yes, it does. And I guess that's right underneath the part where it says, talking about the FDA findings of high levels of PCB in fish taken from Choccolocco Creek, right? Yes. Did you see any other -- Do you find it unusual that this Monsanto middle management individual would send a KRIEGSHAUSER REPORTING & VIDEO 172 1 2 3 4 5 6 7 8 9 A. 10 11 12 13 Q. 14 A. 15 Q. 16 17 A. 18 Q. 19 20 21 A. 22 Q. 23 A. document where it indicates that a high regulatory authority for the State of Alabama is going to handle the problem quietly without release of the information to the public -- you don't find that unusual or anything wrong with the idea that this document is labeled "confidential, FYI and destroy"? I think by the standards and sort of practice that were ongoing then and relationships with the agencies, that I don't find that uncommon. Monsanto did it all the time? I didn't say that. I didn't say that. Okay. Have you ever seen this document before? I don't believe so. Has this document ever been shown in any regulatory authority or to any jury before? Are we still talking about Seventeen? Yes, sir. I have no knowledge of that. KRIEGSHAUSER REPORTING & VIDEO WATER PCB-SD0000040717 173 1 Q. 2 3 4 5 6 A. 7 Q. 8 A. 9 Q. 10 11 12 13 14 15 16 A. 17 Q. 18 A. 19 Q. 20 A. 21 Q. 22 23 A. The fact is, Mr. Pierle, that Monsanto had found a man inside the Alabama Water Improvement Commission who would actually assist Monsanto in covering up this PCS disaster. Is that not so? No. That's just not so? No. Let's look at another one of your -that is Monsanto's memorandum returning to Mr. Joe Crockett. Look at Exhibit Eighteen, please. Go now -- This is May the 7th, 1970. Again, it's labeled confidential up in the top right? Yes. See that? Yes. It's a Monsanto document, is it not? Yes. Written by G. W. Miller this time. right? Yes. KRIEGSHAUSER REPORTING & VIDEO 175 1 2 3 A. 4 5 Q. 6 A. 7 Q. 8 A. 9 Q. 10 11 12 13 14 15 16 17 18 19 20 A. 21 O. 22 23 of Monsanto to visit Mr. Crockett, right? Yeah. My guess is he's a plant employee. And who is E. G. Wright? I do not know. You don't know any of these persons? No. Only Mr. Hodges. And says that Mr. Crockett -- down in the third paragraph, Mr. Crockett -excuse me -- second paragraph. "Mr. Crockett and the staff were totally unaware of the published information concerning Aroclors." And then on the third paragraph, "Mr. Crockett was most appreciative of Monsanto's approach to the problem and the fact that Monsanto came to him." Is that what it says? Yes. And he made -- Mr. Crockett apparently made some recommendations; is that right? According to this letter? KRIEGSHAUSER REPORTING & VIDEO 174 1 Q. 2 A. 3 Q. 4 5 A. 6 Q. 7 A. 8 9 Q. 10 11 12 13 14 15 16 A. 17 Q. 18 19 20 A. 21 Q. 22 A. 23 Q. Who is G. W. Miller? I do not know. Written to J. L. Jessee. Do you know who he is? I do. Who is he? I believe he was the site manager at the time. And he says that on May 6th -- I assume that was yesterday, before this article was written, that "J. C. Landwehr, E. G. Wright, and I visited Mr. J. L. Crockett, technical director of the Alabama Water Improvement Commission in Montgomery." Who is Mr. Landwehr? I do not know. He's shown as getting a copy of this. He's obviously an employee of Monsanto, is he not? Looks like it. In management? Pretty clearly? No. But at least he was -- he went on behalf KRIEGSHAUSER REPORTING & VIDEO 176 1 A. 2 Q. 3 4 5 A. 6 Q. 7 8 9 10 A. 11 12 13 14 15 16 17 Q. 18 A. 19 20 21 22 23 I'm trying to catch up to you. According to this letter? His recommendations were as follows, and it lists five things? Yes. Item three, "Give no statements or publications which would bring the situation to the public's attention." That's reprehensible, is it not? Well, again, I think you have got to get your mind and ask Joe Crockett that question. Did he know enough to feel that it was appropriate that he and the state handle the matter at that point in time. And it may seem reprehensible today. Does it seem reprehensible to you today? At that time I would say this was standard practice. Today I would expect that, just like we have done at the plant site, we go to the regulatory agencies; we give them the information. And we probably jointly go to the KRIEGSHAUSER REPORTING & VIDEO WATER PCB-SD0000040718 177 1 2 3 A 5 6 7 8 9 Q. 10 11 12 13 14 15 16 17 18 19 20 21 22 23 Q. community and talk about the information. I think today that's -may not be standard practice for everybody, but it's pretty standard for Monsanto and now Solutia. But I don't view back at this time that that was a different practice than what generally existed in dealing with matters. Why would Monsanto and Mr. Joe Crockett want to keep the public from knowing about this PCB problem? MR. PECK: In fairness to Mr. Pierle, I think he's been trying to keep up with you. I think you ought to let him read the entire document if you're going to ask -- MR. BARRETT: I'm not asking about any specific part of the document. I'm asking him a general question. I'm delighted to let him read -- (By Mr. Barrett) Mr. Pierle, if you KRIEGSHAUSER REPORTING & VIDEO 179 1 A. 2 3 4 5 Q. 6 7 8 9 10 11 12 13 14 15 A. 16 17 18 19 Q. 20 21 22 23 Which I would have assumed had they done that, the next call would have been to Mr. Crockett to ask him what was going on. Then look on page two, last sentence of the first paragraph, "The full cooperation of the Alabama Water Improvement Commission, AWIC, to reach the above objective on a confidential basis can be anticipated." That -apparently Monsanto was very pleased that this was going to be handled on a confidential basis; is that true? Is that the way you read this letter? I think that basically says that right at that point in time they were going to cooperate with AWIC. And it would be up -- at that point in time confidential. They were delighted -- Why would they want it to be confidential? Why would Monsanto want to keep this knowledge away from the public? You have got little children out there playing in KRIEGSHAUSER REPORTING i VIDEO 178 1 2 3 A. 4 5 6 7 8 9 10 11 12 13 14 15 Q. 16 17 18 19 20 21 22 A. 23 Q. want to stop and read that whole document, that's fine. I mean, as you read through the whole thing, what it basically says is that like in four, that if approached, we'll talk about what's going on. So to me it isn't saying we're going to cloak and hide this; it basically says, okay, you have come and told me. Thanks. I didn't know about it. Now I know more. Right now I don't see a need to go to the public. However, if the public starts asking questions, then, you know, you're free to state the situation. No. It doesn't say that, does it? Says -- number four, it says if approached by news media, either the Alabama Uater Improvement Commission or Monsanto is free to say what? To state that the situation is under study by the staff of Alabama Water Improvement Commission. Uh-huh. At the direction of Mr. Crockett? KRIEGSHAUSER REPORTING & VIDEO 180 1 2 3 4 5 A. 6 7 8 9 10 11 12 13 14 15 16 17 18 Q. 19 20 21 A. 22 Q. 23 these ditches. You got people going to that church and breathing this dust. Why would you want to keep them from learning about it? I don't know what information they went to them with at this point in time. Most of this study work was about what was going on in the plant sites. There's obviously some other dates. So I don't know what they took to them or what they didn't take to them. I mean, sounds to me like what they said is we went in and made a report to make sure that the regulatory authorities in the area were well apprised of what we knew as of May 7th with respect to the situation at Anniston. Let's go to the next document. Exhibit Nineteen? This is about three months later, August 8, 1970. Is it not? Yes. This is written to the medical department. No, no. It's from the KRIEGSHAUSER REPORTING & VIDEO WATER PCB-SD0000040719 181 1 2 3 A. 4 0. 5 A. 6 Q. 7 A. 8 9 10 11 12 13 Q. 14 15 16 17 18 19 20 21 22 23 medical department to Mr. Landwehr at the Anniston plant. Is that not so? Yes. And it's signed by Jack Garrett, right? Right. Uho's Jack Garrett? At that time Jack was -- as I recall was involved in sort of regulatory matters, environmental regulatory matters. He was in the medical department, which was about a three or four person operation at that time. Okay. Look at two things on this letter. The first one is in the last paragraph. Does it say this: Does it say Crockett -- And we're talking about Mr. J. L. Crockett, Jr., right? "Crockett told me that if this PCB issue hits the Alabama press, the Alabama Water Improvement Commission would be forced to close Choccolocco Creek and the Logan Martin reservoir to commercial and sport fishing unless we can prove KRIEGSHAUSER REPORTING & VIDEO 183 1 2 3 4 5 6 Q. 7 A. 8 Q. 9 A. 10 Q. 11 12 A. 13 14 Q. 15 16 A. 17 Q. 18 19 A. 20 Q. 21 22 A. 23 happened relative to fish advisories and that. And that's the standard practice today. I don't know that in today's judgment I would do this. I just don't know what the judgment was -But you might? You might do this? Would I do this today? Yeah, Why do you suggest that? You said you don't know. I'm just asking. Are you asking me whether I would? You seemed to make it a statement. You said it yourself. I thought you did. No. You said didn't know what you would do. I was incredulous. I can't believe -I said in 1970 --- that you don't know what you would do. In 1970. Today with this information. just like we have done it, we would make KRIEGSHAUSER REPORTING & VIDEO 182 1 2 3 4 A. 5 Q. 6 7 8 9 10 A. 11 12 13 14 15 16 17 18 19 20 Q. 21 22 A. 23 that the contamination level does not reach the reservoir." Did I read that correctly? Yes. Does that not show reprehensible conduct, hiding the levels of PCBs in fish that people are going to take -- or that people may eat so as to avoid enforcing the law? I don't understand all of this and what was going on at that point in time. I mean, I thought the letter earlier -and I may be wrong -- was that the FDA -- from the FDA findings. So the FDA had this information if the letter of August 7th is correct. So if FDA has it who can act, and Alabama has it, I don't know what's right, wrong, or indifferent here. You can't see anything wrong with -- You as Monsanto's representative -You know, today, clearly under this condition exactly what has happened has KRIEGSHAUSER REPORTING & VIDEO 184 1 2 3 4 5 Q. 6 7 8 9 10 11 12 A. 13 14 15 16 Q. 17 18 19 20 A. 21 22 23 it public; we'd go to the authorities, and what happens, happens. And the public knows and everything else. certainly. In 1970, August 17, 1970, Monsanto and Mr. Crockett were both willing to hide what they knew about PCBs in the fish so that Monsanto would not have to take the adverse publicity that would result from closing Choccolocco Creek to fishing. Isn't that so? I think what he's saying is that we would have had to close it, and I don't know what the additional consequences of that were. But -Why do the FDA and the State of Alabama have regulations designed to keep people from eating fish with elevated levels of PCBs? I think those were fish advisories at that point in time. As I recall with all this information on PCBs coming out, it says advisories, don't eat fish with KRIEGSHAUSER REPORTING & VIDEO WATER PCB-SD0000040720 185 1 2 Q. 3 A. 4 5 Q. 6 A. 7 Q. 8 9 10 11 12 13 A. 14 15 16 17 18 19 20 Q. 21 22 23 these levels. Why? Because they judge that to be potentially unsafe for their health. Right. It's public health and safety? Sure. And Monsanto in 1970 Monsanto and this Joe Crockett were willing to put aside public health and safety and hide this information from the public to keep from having to enforce the law. Is that not true? Is that not precisely true? Well, the way, again, I read the document is that the FDA knew about it, that could have taken independent action, the State of Alabama had the information. I don't know why Joe Crockett felt that it was important that he not do that or not take action. Did Monsanto directly or indirectly ever before, during, or after this period make any payments to Joe Crockett or give him any gifts or anything of value KRIEGSHAUSER REPORTING 8, VIDEO 187 1 2 3 4 5 6 7 8 9 10 A. 11 12 13 14 15 16 17 18 19 20 21 22 23 Exhibit Nineteen on August 17, he's now gone so far as that he's going to keep the information that he has as an official of the State of Alabama, his PCB information, and he's saying that if it hits the Alabama press, we're going to be forced to follow the law. And I had asked you was that reprehensible. And what was your answer? We did talk about this. And I think it was a long sort of answer which says basically I don't know what was in Crockett's mind about that. You know. at this point in time a lot of this information, even the three references you note, were sort of May, August, September, shortly after this thing was all under way. This was all pretty new information. And looks to me like he's suggested some recommendations. He wanted more facts than that before he did any more with this. So I don't read it that he was hiding it. I mean, I KRIEGSHAUSER REPORTING & VIDEO 186 1 2 A. 3 4 Q. 5 A. 6 7 8 9 Q. 10 11 Q. 12 13 14 15 16 17 18 19 20 21 22 23 to your knowledge? I have no understanding or knowledge of any of that. So not to your knowledge? Sounds completely out of line with the people that I know, like Mr. Hodges, that something like that would have been conceivable. Sound -- Okay. Time out. [A break was taken.] (By Mr. Barrett) When we took our break in this deposition, we were talking about Mr. Crockett for the Alabama Water Improvement Commission. And we see on Exhibit Seventeen where he's saying that he's going to handle the problem quietly without release of the information to the public. We see on Exhibit Eighteen where his recommendations are we "Give no statements or publications that would bring the situation to the public's attention." We see in the document we were talking about most recently. KRIEGSHAUSER REPORTING & VIDEO 188 i 2 3 4 5 Q. 6 7 8 9 10 A. 11 Q. 12 13 14 15 16 17 18 A. 19 Q. 20 21 22 23 could read this to where the guy was trying to get more facts about where the contamination was, what it was, and at what t evel. Joe Crockett, and Monsanto, which went along with Joe Crockett, clearly chose to protect Monsanto's profits here at the expense of public health and safety. Is that not so? No. I don't believe so. You know, Mr. Pierle, one hears about government regulators being in bed with the corporations they're supposed to be regulating. But this is an especially clear and brutal example of that right here with these documents. SO? Is that not I don't believe so. Because of this conspiracy of silence that these documents have just been talking about, Choccolocco and the other waters downstream from the Anniston plant remained open and were not closed. KRIEGSHAUSER REPORTING & VIDEO WATER PCB-SD0000040721 189 1 2 3 A. 4 Q. 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 A. 20 21 22 23 No advisories were issued until November of 1993. Is that not so? I don't recall the specific date. Well, I'll show you that document in a moment. You can assume it's true. And all of that time -- this is twenty-three years, over twenty-three years and three months, you had unsuspecting citizens of the Anniston area continuing to eat fish laden with PCBs in levels beyond limits allowed by the FDA until the Alabama Department of Public Safety finally came in themselves, did testing, saw what was there, and issued an advisory. Is that not so? MR. PECK: Object to the form of the question, lacks foundation. Again, I think what we described here is that the FDA had the information, Alabama had the information. I don't know that the rationale was or wasn't for communication. They were early in KRIEGSHAUSER REPORTING & VIDEO 191 1 2 3 4 Q. 5 6 7 8 9 10 11 12 13 14 15 16 17 A. 18 Q. 19 20 A. 21 Q. 22 23 to generate the information about the issue. I think that's my reading of what Monsanto did. You said that all this happened over the course of just a few months, and those three documents reflect that. But let's go forward. Go forward to October 15, 1971, about a year later. Look at Exhibit Twenty, please. Here it says that "We have an appointment with Mr. Crockett on Wednesday, October 20, to present our story to him, so we need your comments." So they're fixing to meet with Mr. Crockett on Wednesday October 20, 1971; is that right, according to this memo? October 20th. Correct. And to give him, quote, "our story," end quote? That's what it says. Let's look at the memo, the next exhibit that describes what happened at that meeting. Okay? Exhibit Twenty-One, KRIEGSHAUSER REPORTING & VIDEO 190 1 2 3 4 5 6 7 8 9 10 Q. 11 12 13 14 15 16 A. 17 18 Q. 19 20 A. 21 22 23 the process of gaining more information. I believe there was some public discussion of this at a point in time. So I guess my characterization of this is this is about people dealing with a new subject relatively early trying to understand facts and make appropriate judgments and decisions. That's the way I read these documents. Monsanto intentionally went along with hiding this information both as to the PCBs that it was discharging and the PCBs that were in the fish. They went along with this plan as outlined by Jim Crockett, did they not? I think that is mischaracterization of what Monsanto was doing. Whatever they did, they did it on purpose, did they not? I think what they did was to disclose all of the information to the state to work with the state about the collection of additional information and continue KRIEGSHAUSER REPORTING & VIDEO 192 1 2 3 4 5 6 7 8 A. 9 10 11 Q. 12 13 A. 14 Q. 15 16 A. 17 Q. 18 19 20 A. 21 Q. 22 A. 23 would you take a look at that? Maybe this -- This was a meeting, apparently, that happened about three weeks after that. I take it back. It was not the October meeting. This was a meeting on November 11, 1971 that's described in this Monsanto document. Is that not so? Yeah. Describes a meeting at the offices of EPA in Atlanta, Georgia in November. And this is a Monsanto document, is it not? Can you look and tell? It appears to be. Again, it's got "Company Confidential" on it, doesn't it? Yes, it does. Don't want anybody to see this outside the company, right? That's what that means? That would be the intent of that. Yes. It's limited to the discussion of the people that received it. KRIEGSHAUSER REPORTING & VIDEO WATER PCB-SD0000040722 193 1 Q. 2 3 4 5 A. 6 Q. 7 8 A. 9 Q. 10 11 A. 12 Q. 13 14 15 16 A. 17 Q. 18 19 20 21 22 A. 23 Q. The people present at the meeting, there were four people there at the EPA office in Atlanta, There were four people there from Monsanto, right? Appears that way, yes. And who was there representing the State of Alabama? Joseph Crockett. That's the Mr. Crockett we have been talking about, right? I believe it is. And then there were four people there from the EPA, including the director of enforcement, Mr. John White. Is that not so? Yes. The first paragraph says, "This meeting was arranged by Mr. Crockett at the request of Mr. John White." So the EPA asked Joe Crockett to set this meeting up, right? Yes. Now, it says our program to control and KRIEGSHAUSER REPORTING & VIDEO 195 1 2 Q. 3 4 A. 5 Q. 6 7 8 9 10 11 A. 12 Q. 13 14 15 16 17 A. 18 Q. 19 20 21 22 23 to a discharge limit. Well, Mr. Crockett did, anyway. It suggests Mr. Crockett did, right? That's what it says. And as a result of the meeting the agreements were reached. Number one: They're going -- Mr. Crockett and Mr. White are going to agree on some level of emissions going to be permitted? Uh-huh. Look here, the last sentence: "Obviously, Mr. Crockett will press for a number in excess of our 0.3 of a pound per day current level." Did I read that right? Yes. Mr. Crockett is going to see to it -going to press, do his best, to make sure that Monsanto doesn't have to do anything different, that they will be allowed to discharge more than they already -- or at least as much or more KRIEGSHAUSER REPORTING 8. VIDEO 194 1 2 3 4 5 6 A. 7 Q. 8 9 10 A. 11 Q. 12 13 14 15 16 17 18 19 20 21 22 A. 23 reduce PCB emissions to Snow Creek was reviewed by both Monsanto employees and Joe Crockett, who emphasized we had kept him fully advised concerning our program and our -I'm sorry. Where are you? Bottom -- I thought I had it highlighted on the bottom paragraph of the first page. Does it say that? Yes. Look at the first full paragraph on page two. Says, "There was considerable discussion concerning the limiting tevel of PCB that should be permitted in the discharge. Mr. White -- that's the EPA -- "suggested no detectable amount. And then Mr. Crockett and the Monsanto personnel pointed out that this was an undesirable approach." Mr. Crockett is certainly being very, very cooperative with Monsanto here, is he not? I mean, what this suggests is that Alabama had the same impression relative KRIEGSHAUSER REPORTING & VIDEO 196 1 2 3 A. 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 Q. 19 20 21 22 23 A. that they already are discharging. Is that not exactly what that says? No, it is not. It refers to an interim permissible level and at that time in all those permit discussions interim permit levels were typically in the range of what you were currently doing. And they were typically in a range of which you wouldn't violate that. They then went on to have additional conditions about future action. This was an absolutely brand new program in the Federal government with a new Federal agency. And I was in the process of that when it was being administered. And that's the way the program virtually worked. So what you're saying is that the way it worked is that the permits meant nothing, the permits were -- would be defined as to what they were doing anyway, what Monsanto was doing anyway? I think what the permit said under those KRIEGSHAUSER REPORTING & VIDEO WATER PCB-SD0000040723 197 1 2 3 4 5 6 7 8 9 10 11 12 13 14 Q. 15 16 17 18 19 20 21 A. 22 23 conditions, when you went in and applied, was that day one you couldn't do any worse than what you were doing, and in the future the permit would be the vehicle by which future reductions would be required if appropriate. I mean, it was a very logical step. And when you're dealing with the director of enforcement, which they were, you want to come to agreement with something that you can meet and be in compliance with. Wouldn't have been really appropriate to do differently. Then on the last page it says "It was suggested by Mr. White that it might be desirable to dredge Snow Creek. And I believe we convinced him that this was undesirable." Had Snow Creek -- This was done in 1971; it's 1998 now. Has Snow Creek ever been cleaned up yet? I think there are parts of Snow Creek under other provisions that have been -there have been contaminants removed. KRIEGSHAUSER REPORTING & VIDEO 199 1 2 Q. 3 4 5 6 7 8 9 10 11 12 Q. 13 14 A. 15 16 17 18 Q. 19 20 21 22 A. 23 not any further clean-up is necessary. Okay. Now, that document we looked at while ago, Exhibit -- I believe -Sixteen, the confidential and destroy document we talked about a good while, it mentioned that there were high levels of PCBs in the fish in Snow Creek? Do you remember that? MR. PECK: Object to the form of the quest ion. It was Seventeen, I think. Yeah. Exhibit Seventeen. No tricks there. I just couldn't find it. It didn't have that number on that that I thought you referred to, so I was looking further for it. Look up at the top. I'm doing this from memory, but doesn't it talk about high levels of PCBs in the fish in Snow Creek, correct? Or is it Choccolocco? It refers to FDA findings of high levels taken from Choccolocco Creek downstream KRIEGSHAUSER REPORTING & VIDEO 198 1 Q. 2 3 A. 4 Q. 5 A. 6 7 8 9 Q. 10 11 A. 12 13 14 15 16 17 18 19 Q. 20 21 A. 22 23 Has PCB -- has PCB been removed from Snow Creek? I think in parts of the area, yes. Where? Again, I'd have to go back to the detailed documents. But there are sections of that that I know were improved. Improved. But is Snow Creek cleaned up yet? Let me ask it that way. Consistent with what the discussions are with the regulatory requirements in the past and currently, I think we have done all that has been proposed and accepted. And I think we have additional study work to do, which we're in the process of discussing with the regulatory officials today. So the answer is no. It has not yet been cleaned up? That's not what I said. I said parts of it have been. And there are further discussions under way as to whether or KRIEGSHAUSER REPORTING & VIDEO 200 1 2 Q. 3 4 5 A. 6 Q. 7 8 9 10 11 12 13 14 15 16 A. 17 18 19 20 Q. 21 22 23 A. from its confluence with Snow Creek. It also says that Monsanto was discharging some sixteen pounds of PCBs a day? Yes. Now, some ten days after that read and destroy memo, Paul Hodges at Monsanto wrote another memo. And that would be Exhibit Twenty-two, if you'll pull it out. And the -- It basically says that Monsanto ought not be giving such emissions data to the state because there could be a record of it that could be subpoenaed later in legal action. Is that not the gist of this letter? Let me go ahead and read it. It's a short letter. [Discussion held off the record.] (By Mr. Barrett) Mr. Pierle, you have read that document now. Exhibit Twenty-two? Yes. KRIEGSHAUSER REPORTING & VIDEO WATER PCB-SD0000040724 201 1 Q. 2 3 4 5 6 7 A. 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 3. 23 I doubt you remember my question. The memo says in substance that Monsanto ought not be giving such emission data to the state because there would be a record that could be subpoenaed later in legal actions? Is that not true? Well, the way I read this, Hodges wasn't pleased that the losses were going up, but it says, obviously, having to report these gross losses multiplies enormously our problem because the figures would appear to indicate lack of control. Can you do something more about this. I mean, he's reluctant, and I read he wasn't happy. But he also says having to report these losses indicates to me that they're going to get reported. And now that we're there, what else can we do at the site to get these back down. And, oh, by the way, check and make sure that the numbers are accurate. Now, that's an interesting answer that you gave, because we have got a couple KRIEGSHAUSER REPORTING & VIDEO 203 1 2 3 4 5 A. 6 7 8 9 10 11 12 13 14 Q. 15 16 17 A. 18 19 20 21 22 23 said that -- this way -- The way you read this was that they would go ahead and do it even though they would hate to do it? I think what it says is that from the legal standpoint -- and I imagine that the lawyers are saying, boy, do we have to report this or not. And he's saying that we're going to have to report this. And the fact now that we have to report higher levels indicates lack of control. What can we do to get this -- to get these losses reduced at the site. Things were out of control for a long time at that Anniston plant, the PCB releases, weren't they? I think what the data show here is that over time -- because the numbers as you stated earlier were up to, what, two or three hundred pounds a day? That things were coming down and that the controls were increasing through this time period as a result of the immediate actions KRIEGSHAUSER REPORTING & VIDEO 202 1 of more documents to look at. But the 2 letter says specifically for the jury to 3 know that -- and you take -- keep -4 watch it with me, that we requested 5 latest emissions data on the flow to 6 Snow Creek. "We had hoped it might show 7 an improvement over the first week of 8 September and thus demonstrate a 9 favorable trend to Crockett. Instead, 10 emissions are considerably increased 11 with September 13, 1970 at 6.25 parts 12 per million or about eighty pounds of 13 PCB for the day. From the legal 14 standpoint there is an extreme 15 reluctance to report even the relatively 16 low emission figures because the 17 information could be subpoenaed and used 18 against us in legal actions." And then 19 it says what you read about that having 20 to report these gross losses multiplies 21 enormously our problems, because the 22 figures would indicate -- would appear 23 to indicate lack of control. Now, you KRIEGSHAUSER REPORTING & VIDEO 204 1 2 Q. 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 that were being taken. Of course, during this period of time Monsanto's friend, Mr. Crockett, is telling Monsanto not to worry, that he's not going to let these effluent levels go to the public. I'm going to hand you a Plaintiff's Exhibit Twenty-three. I'm sorry I don't have a copy of it. I'm just going to give it to you. I'll ask my question now and then hand it to you. Talks about -- Tell us whether or not it talks about a meeting that you had, again, that Monsanto had again, on October 23rd with Mr. Crockett, 1970, says he's well satisfied and that we had a discussion of the technical complexity of Aroclor, or PCB numbers, resulted in Mr. Crockett's agreeing that any written effluent level reports would be held confidential by the technical staff and would not be available to the public unless -- until or unless Monsanto KRIEGSHAUSER REPORTING & VIDEO WATER PCB-SD0000040725 205 1 2 3 A. 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 releases it. Look at that and tell me if I have read that correctly. I think that describes -- You read it correctly. Again -- Here we are again in October back in talking to Crockett. You described him as Monsanto's friend. I don't know what his relationship was with Monsanto. Again, through this time -- and it refers to the technical complexity of the Aroclor, or PC8 numbers. And I do recall that we were developing analytical methodology during this period of time. And there was considerable question as we were developing that as to the accuracy of the methodology. And again, I think that's what's coming through here, is that we're giving you the data that we have. We're telling you how good we think it is. And because of the complexities in the analysis, we're not certain how good the data really are. To me that sounded like pretty much open KRIEGSHAUSER REPORTING & VIDEO 207 1 2 A. 3 Q. 4 A. 5 6 Q. 7 A. 8 9 Q. 10 11 12 13 14 15 16 17 18 A. 19 Q. 20 21 22 23 to? May I take a look at it? Yeah. You tell me. Typically the top line would indicate who wrote the letter. Okay. So -One would have thought you could see a signature on it. So anyway, Mr. Savage is then writing to Mr. Papageorge. And it says "PCB levels in Snow Creek." "Average PCB loss for the month" -- This is now -- would be I guess September -- "was high at 2600 parts per billion, or 32 pounds per day largely a result of one very bad day, 400 pounds." And did I read that correctly? Yes. Now, let's go to November of 1970. I'm going to hand you a document. We have marked it Exhibit Twenty-Seven. It's from the Anniston Monsanto Plant Technical Services Department. It says KRIEGSHAUSER REPORTING 8, VIDEO 206 1 2 Q. 3 4 5 6 7 8 9 10 A. 11 12 13 14 15 16 Q. 17 18 19 20 21 22 23 disclosure with him. So where we are here is that Monsanto's worried about giving this data because they don't want it to be subpoenaed. Crockett is saying, don't worry, I'm not going to let it out. But that doesn't help Monsanto -- if somebody issues a subpoena, there's not anything Crockett can do to help them then, is it? I don't know, again -- what it says is the legal department was concerned about that. But the fact is in making a decision that we're going to give this data and information to the regulatory authorities. Let's see, then, what they did do about that. I'm going to hand you Exhibit Twenty-six, an October 7, 1970 -- It's called "September PCB Report" to Mr. Papageorge in the general office in St. Louis. No. I beg your pardon. It is to Mr. -- The top line, does that indicate who wrote it or who it's going KRIEGSHAUSER REPORTING S. VIDEO 208 1 "Confidential, Read and Destroy." 2 "Aroclor losses during November averaged 3 25 pounds a day, (4620 ppb)." That's 4 parts per billion. Does it say that? 5 A. Yes, it does. 6 Q. Put that aside because we're going to 7 return to it in just a moment. Put it 8 where you can reach it, if you would. 9 Now, you said that Monsanto agreed 10 that -- they decided reluctantly -- as 11 bad as they hated to, they were going to 12 have to tell the truth, and now we have 13 the October 15, 1971 letter to 14 Mr. Crockett from Monsanto which -- 15 MR. PECK: '71? 16 MR. BARRETT: Yes. 17 Q. But it refers to the -- since our first 18 report, then it gives a graph, 19 supposedly attaches a graph, which we 20 don't have. But it says, "The attached 21 graph of weekly PCBs and effluent flows 22 shows progress since our first report to 23 you in November 1970. As shown at the ------------------------------------------------------------ ---- -- --------------------------- i KRIEGSHAUSER REPORTING & VIDEO WATER PCB-SD0000040726 209 1 2 3 4 A. 5 6 7 Q. 8 9 10 11 12 13 A. 14 15 Q. 16 A. 17 18 Q. 19 20 21 22 23 beginning of the graph, effluent was in the range of 1 - 5 pounds per day." Did I read that correctly? That is what it says. You know, I don't know what this is -- what stream this may be referring to. And it's 1971. Right. And it refers back to November of 1970. Pick up November of 1970 again and tell the jury what the confidential. read and destroy memo said that Monsanto was dumping in, you know, in its waste treatment every day. How many pounds? Well, it says in 1970 it was about 25 pounds a day. November of 1970, 25 pounds. In October of '71, almost a year later. it says it's down to 1 - 5. Oh, no, sir. It doesn't say that. Read it again. It says in -- that 1 - 5 pound is referring to the beginning of the report, in November of 1970, they're telling Joe Crockett that our discharge was 1 - 5 pounds a day when in fact it KRIEGSHAUSER REPORTING & VIDEO 211 1 2 3 A. 4 Q. 5 6 7 8 9 A. 10 Q. 11 12 A. 13 14 15 16 17 Q. 18 A. 19 20 21 22 23 fact, that would be intentional misconduct for a corporation to do that? Wouldn't do that. Now, speaking of falsifying evidence, have you ever heard of a test -- I believe you did say you have heard of a testing company called IBT, Industrial Biotest? Yes. Tell the jury what IBT was and what its relationship with Monsanto was. My understanding is IBT was a commercial testing laboratory, basically a toxicological testing. And they were -they did work for Monsanto Company on the testing of certain of its products. And did they get into trouble? There were -- I recall that there was an investigation. The details I'm not familiar with. There were accusations -- I think one Monsanto employee may have been convicted. Again, I don't know the details on that. My KRIEGSHAUSER REPORTING & VIDEO 210 1 2 3 A. 4 5 6 Q. 7 A. 8 9 10 11 12 13 Q. 14 15 16 17 18 A. 19 Q. 20 21 A. 22 Q. 23 was twenty-five times that. It was 25 pounds a day. Is that not so? I don't know what this says or if they're both referring to the same thing. That's what the letter says. Okay. All right. Let's move on. Could I read the rest of this? MR. BARRETT: Let's go off the record so he can read the rest of this. [Discussion held off the record.] (By Mr. Barrett] Do you agree that it is wrong in general for a company to falsify documents and falsify data that it believes will wind up being used as evidence in lawsuits? Absolutely. That's intentional. That would be intentional misconduct? I wouldn't approve that or stand for it. Right. Of course you wouldn't. That wasn't my question. As an objective KRIEGSHAUSER REPORTING & VIDEO 212 1 2 3 4 5 6 7 Q. 8 9 10 11 12 13 14 A. 15 Q. 16 A . 17 Q. 18 19 20 21 22 23 recollection of the outcome of all that was that -- you know, that caused a redo of a lot of toxicology work on products. And my understanding of the net effect of that was there was really no change in the outcome of test work. I'm going to hand you Plaintiff's Exhibit Twenty-nine. This is a copy of the indictment of the Federal Grand Jury in the Northern District of Illinois in October of 1980. It refers to a man named Paul Wright. Did you know Paul Uright? I did. Did not? I d i d. Did? Says here that Paul Wright was section head for rat toxicology at IBT from approximately March of 1971 until September of 1972, at which time he became manager of toxicology for the Department of Medicine and the Environmental Health at Monsanto KRIEGSHAUSER REPORTING & VIDEO WATER PCB-SD0000040727 213 1 2 3 A. 4 Q. 5 6 A. 7 8 9 10 11 12 Q. 13 14 A. 15 Q. 16 17 18 A. 19 20 Q. 21 22 23 Corporation in St. Louis Missouri from 1972 until the time of his indictment in That's correct. And he was indicted -- Do you know whether or not IBT itself was indicted? It was my understanding that IBT -- and Paul Wright was an employee of IBT, as this describes, and that was the subject of his indictment. And after this legal proceeding was over, I believe he was dismissed as a Monsanto employee. Now, he was convicted and actually went to the Federal penitentiary, did he not? I believe that's the case. And Paul Wright falsified data for Monsanto during this period of time, did he not? My understanding was he was not an employee of Monsanto at that time. I know he was not. He was working at IBT. And while working for Industrial Biotest Laboratories at the request of Monsanto he altered tests and falsified KRIEGSHAUSER REPORTING & VIDEO 215 1 2 3 A. 4 5 6 7 8 9 10 Q. 11 12 13 14 15 16 17 18 19 A. 20 21 Q. 22 23 results actually showed, if that occurred? That's a subjective -Yeah. I mean, we have a right to comment on the work and raise professional opinions. It's up to the report writer then to make a final judgment with respect to what that person does, common peer review process and practice. But that doesn't answer my question at all. I mean, that's a separate issue. Do you agree with me that it would be unconscionable and malicious conduct for Monsanto to intentionally attempt to influence the results of supposedly independent laboratory tests to make PCBs appear to be less harmful than the test actually shows? No. We should not intentionally do that. That's correct. Now, I have asked you to look at Exhibit Thirty. This is a letter written by George Levinskas at Monsanto dated July KRIEGSHAUSER REPORTING & VIOEO 214 1 2 A. 3 Q. 4 5 A. 6 Q. 7 8 9 10 11 12 13 14 15 16 17 Q. 18 19 20 21 22 23 test data for Monsanto, did he not? I don't know that that's the case. No. You deny that that happened? You don't know anything about it? I do not know the facts on that. All right. We are -- I'm going to hand you a document marked Exhibit Thirty which is a Monsanto document dated July 18, 1995. And I'm going to ask you to take a look at that. MR. BARRETT: The court reporter has asked me for a short break, so you look at it during the break, and we'll pick back up. [A break was taken.] (By Mr. Barrett) Mr. Pierle, do you agree with me that it would be unconscionable as well as malicious misconduct for Monsanto to attempt to change the results of a supposedly independent animal study to make PCBs appear to be less harmful than the test KRIEGSHAUSER REPORTING & VIDEO 216 1 2 A. 3 Q. 4 5 A. 6 Q. 7 8 9 10 11 12 A. 13 14 15 Q. 16 17 18 19 20 21 22 A. 23 Q. 18, 1975, is it? Yes. And in this letter -- It's written to Biotest Laboratories; is that right? Yes. And they're saying that apparently Biotest Laboratories has done this two year rat feeding study. But they have sent it to Monsanto for review and apparent approval before publishing it; is that correct? I think they sent it to them for comment. I don't know that they sent it to them for approval. And apparently the -- this supposedly independent Industrial Biotest Laboratories, the way they had written the report was they came to a conclusion that the PCBs, Aroclor 1254, specifically, was slightly tumorigenic. Is that -- So far am I accurate? Yes. Tumorigenic means that it produces -- KRIEGSHAUSER REPORTING & VIDEO WATER PCB-SD0000040728 217 1 2 3 A. 4 Q. 5 6 7 8 9 10 A. 11 12 13 Q. 14 15 16 17 A. 18 Q. 19 A. 20 Q. 21 22 23 that if a substance is tumorigenic, it produces tumors. It has the ability to produce tumors. Right. And that doesn't mean that it causes cancer, but it is a marker for causing -- if a substance is tumorigenic, then that is one step towards being -- producing a tumor that is malignant, right? My understanding is that that is not correct, that you can produce tumors that are not malignant. That's my point. That's what I was saying. To say it's tumorigenic doesn't mean that -- Every tumor is not cancerous? I believe that's correct. But every cancer is a tumor? Well, now you're -- I mean -Alt right. The fact is that when something is tumorigenic, that is a marker that it might be carcinogenic, ri ght? KRIEGSHAUSER REPORTING & VIDEO 219 1 A. 2 Q. 3 A. 4 5 6 7 8 9 10 11 12 Q. 13 14 15 16 17 A. 18 Q. 19 20 A. 21 22 23 Again -That's a yes or no question. No, it isn't. I mean, I think generally it's not a good sign, but again, what I said earlier, you typically test at high enough levels to produce an effect. And in most tox -- testing you are dosing animals to where, if you find a tumor at one dose, you're also expecting or looking for whether or not tumors are produced at all doses. At any rate, Monsanto requests Biotest Laboratories to change this report from slightly tumorigenic to the phrase "does not appear to be carcinogenic. Did I read that correctly? Yes. Look at the next exhibit. Exhibit Thirty-one. Is that the additional one? MR. PECK: He hasn't given it to me yet. MR. BARRETT: I thought I did. KRIEGSHAUSER REPORTING & VIDEO 218 1 A. 2 Q. 3 4 5 6 A. 7 8 9 10 11 Q. 12 A. 13 14 15 16 Q. 17 18 19 20 21 22 23 Would you repeat that? When -- If a substance is tumorigenic. that let's scientists know that it may be carcinogenic, that it may produce malignant tumors? Again, I think as you even stated, it indicates that it's tumorigenic. One would then want to do more work, I think, to find out whether or not it's careinogenic. But it's pretty bad. It's a bad sign? Well, a lot of people have tumors removed and polyps removed and that -that are not carcinogenic. So it doesn't mean it's a bad sign. You don't want -- In a test like this. when you're testing doing feeding studies to see whether or not Aroclor causes problems in living creatures, when you're doing a rat feeding study. if you find that the Aroclor is tumorigenic, that's not a good thing to find, is it? KRIEGSHAUSER REPORTING & VIDEO 220 1 2 3 4 5 6 Q. 7 8 9 10 11 12 13 14 15 16 17 18 19 20 A. 21 Q. 22 23 A. Maybe I just have one copy. MR. PECK: I just have T wenty-seven. MR. BARRETT: Here it is. I'm sorry. (By Mr. Barrett) Look at Exhibit Thirty-one. This is a letter, is it not, dated August 4, 1975 responding from the -- this is Mr. Calandra. Remember, we talked about his rat tests earlier in the deposition. This is the Mr. Calandra now responding to Monsanto. Dear George, "1. We will amend our statement in the last paragraph on page 2 of the Aroclor 1250 report to read, quote, 'does not appear to be care inogenic,' end quote, in place of 'slightly tumorigenic' as requested. Did I read that correctly? Yes. You don't see anything wrong with that. do you? I don't. I mean, I think it again is an KRIEGSHAUSER REPORTING & VIDEO WATER PCB-SD0000040729 221 1 2 3 A 5 6 7 8 9 Q. 10 11 12 13 14 15 A. 16 17 Q. 18 19 20 21 22 A. 23 accurate -- It sounds tike it's an accurate description. I mean, I would read that to assume that there were tumors but they don't appear to be carcinogenic. It's an additional interpretation and actually gives more information than what was initially given. Mr. Pierle, the fact is that there's a very definite pattern here throughout these documents of Monsanto not trying to get to the truth and not trying to protect public safety by just the opposite. Is that not so? I c^on't believe that that's the case at all. That Monsanto is not concerned with the truth, not concerned with the health and safety of the people in Calhoun County, Alabama, anyway, but concerned with Monsanto and its bottom line profits? No. We have always been concerned, I believe, with the health and safety of KRIEGSHAUSER REPORTING & VIDEO 223 1 A. 2 Q. 3 4 5 6 7 8 9 10 11 12 A. 13 Q. 14 15 16 17 A. 18 19 20 21 22 23 Yes. And then he talks about this -- There was this note from a man named Ed Gustaf raising concerns about PCBs. And does he not say, "I can only suggest that you attempt to put Gustaf's tnind at ease regarding the 'toxic' aspects of these chlorinated biphenyls by playing down the medical reports and playing up proper system design." I read that correctly, didn't I? Yes. How can it ever be in the public interest to play down medical reports when you're giving out information to the public? Again, I don't know what was specifically talked about here. But it goes back to the discussion we have had throughout this deposition where there are medical reports and tox reports about the hazards of material as opposed to safe handling of those materials. KRIEGSHAUSER REPORTING & VIDEO 222 1 2 3 Q. 4 5 6 7 8 9 A. 10 Q. 11 12 A. 13 0. 14 15 16 17 A. 18 Q. 19 20 21 22 23 our products, our workers, and people around our plant sites. Let's look at a couple more exhibits, then. Look at what I have as Exhibit Thirty-two. I'll hand it to you. It's a document dated February 14, 1969. Who is -- while you're looking at it, tell the jury who Don Roush is, or was? I don't reca11. Okay. But this is definitely a Monsanto document, is it not? It appears to be, yes. And there have been questions raised. There were a lot of questions being raised about chlorinated biphenyls at this time. Yes. Is that not so? And Mr. Roush says here, does he not, in the third paragraph, "However, it only seems a matter or time until the regulatory agencies will be looking down our throats regarding the use of this material." Is that what it says? KRIEGSHAUSER REPORTING & VIDEO 224 1 2 3 4 5 6 7 8 9 10 11 Q. 12 13 14 15 A. 16 17 18 19 20 21 22 Q. 23 And it's very conceivable here that he's saying, listen, we know that under the medical reports under testing or the environment that the information shows adverse properties. But in a proper design system, in a closed design system where there's no exposure, there's no risk associated with this product. That's how I view this letter being wr\tten. By playing down the medical reports, does that sound like protecting the health and safety of the public or protecting Monsanto? Looking back, you know, one would have suggested probably different words there. But I think the reality of it is they're saying don't have the entire conversations about the hazards of the material. Also let's look at the proper design and utilization of the material. I expect you wish you could rewrite a lot of these old Monsanto documents that KRIEGSHAUSER REPORTING & VIDEO WATER PCB-SD0000040730 225 1 2 A. 3 4 Q. 5 6 7 8 9 10 11 12 Q. 13 14 15 16 17 18 19 20 21 22 23 we have looked at today. I don't know that that's the case or not. All right. Go forward. One more. MR. BARRETT: Do you have Exhibit Thirty-two? MR. PECK: That's the one we just did. MR. BARRETT: All right. Thirty-three. Excuse me. MR. PECK: Which I don't have. (By Mr. Barrett) I just have one copy of it. I'll give it to you in a moment. This is another document, again, dated January 23, 1969. This document again says "C-O-N-F-I-D-E-N-T-I-A-L." And the reason I say it, that's the way it's spelled, all capital letters, underlined twice, and it's got a dash between each word spelling out "confidential." "Aroclors in Plant Effluent." And it's -- I'm going to read the first sentence. and you tell me if I'm reading it KRIEGSHAUSER REPORTING & VIDEO 227 1 A. 2 3 4 Q. 5 6 7 A. 8 Q. 9 A. 10 Q. 11 A. 12 13 14 Q. 15 16 17 18 19 A. 20 21 Q. 22 A. 23 Q. I believe I was the director of environmental operations within the chemical unit of Monsanto. You are writing a report or memo for environmental status of Anniston plant, are you not? Yes. You and a Mr. Redington? That's correct. Who is he? I believe that he was the environmental manager within the agricultural chemicals company. You say in the last sentence on the memo, "We should continue to maintain a cooperative interaction with the regulators." Was Jim Crockett still there? I don't recall that. Joe Crockett, you mean. Whatever. Joseph Crockett. I don't ever recall meeting him. "And to be responsive to local community KRIEGSHAUSER REPORTING & VIDEO 226 1 2 3 4 5 6 7 8 9 A. 10 Q. 11 12 13 14 15 A. 16 17 18 0. 19 20 21 22 23 correctly. I'll hand it to you when I get through. "With the likelihood that the attention now being focused on the presence of Aroclors in natural waters will draw attention to any Aroclor being sewered in your production plant outfalls, we should begin to protect ourselves." Does it say that? That's what it says. Do they seem to be concerned about the public safety aspects or environmental aspects of dumping PCB in the sewer, or are they concerned with protecting Monsanto? What's the thrust of that? Yeah. I mean, it says protect ourselves. 1 don't know totally what that means. Okay. Let's go forward eighteen years. One of your memos, Mr. Pierle. I'll hand you Exhibit Thirty-Four. As you're reading that, what were you doing in 1987, February 1987? What was your employment position? KRIEGSHAUSER REPORTING & VIDEO 228 1 2 3 4 A. 5 Q. 6 7 8 9 10 11 12 A. 13 14 15 16 17 18 19 Q. 20 21 22 23 attitudes." And the purpose is, it says, "to stay ahead and defuse these future concerns." Is that what it says? Yes. Now, at this time when you wrote this, Monsanto's known at least since 1968, according to one document, '69 some others, that there was a serious PCB release into the area outside the Anniston plant. Is that a fair statement? At least since that time? Again, there was documented information about some presence in Choccolocco Creek. Whatever we have talked about today. I don't think that that indicates that that was a consideration of a severe environmental condition off the plant property. Would you think finding elevated -finding elevated levels of PCBs in the blood of hundreds of people that live around that plant, that that would indicate a serious problem? KRIEGSHAUSER REPORTING & VIDEO WATER PCB-SD0000040731 229 1 A. 2 3 4 5 6 7 Q. 8 9 10 11 A. 12 13 14 Q. 15 16 17 18 A. 19 20 Q. 21 22 23 A. I think it would indicate something that we sure need to understand as to whether it is a problem or not. We didn't know that. I mean, my understanding is we didn't know that at the time this letter was written. You are going to have a hard time convincing one of those folks with it in his blood that it's not a problem, aren't you? Well, I think that that is always a very tough challenge. You're absolutely correct on that. But at any rate, this is 1987. And basically there's been no major PCB clean-up that has occurred since 1969, has there? At this point in time I don't know how much of what was done or not. Well, I mean in 1987 Monsanto at this point has avoided any major cleanup expenses, has it not? Again, expenses -- There was no KRIEGSHAUSER REPORTING & VIDEO 231 1 2 3 4 Q. 5 6 7 8 9 A. 10 11 12 13 Q. 14 15 16 A. 17 18 19 Q. 20 21 22 23 conversation at this point in time about a need based on that information that was available to do any additional work. Okay. That's a long answer. But the fact is, it boils down to they have not had any major cleanup expense, certainly outside the gate at the Anniston plant. Is that true? We talked about some stuff at Snow Creek. I don't know the time frame, but there was some work done relative to that. And PCBs at this time, in 1987, are still going off site every day, aren't they, from that plant? At this point in time I don't believe there was any information to indicate that. Well, we know that it was going -- every time you test it it's going off the plant, isn't it? Can you find any record of any test anywhere before 1987 or after 1987 when Monsanto actually KRIEGSHAUSER REPORTING & VIDEO 230 1 2 3 4 Q. 5 6 7 8 9 10 11 12 A. 13 14 15 16 17 18 19 20 21 22 23 requirement, nothing that needed to be done. So I don't think we have avoided anything at this point in time. In other words, unless the government tells you -- unless the government finds out about it -- I'm not talking about Joe Crockett. But unless the government finds out about it, the EPA or somebody that's going to -- and forces you to take cleanup measures, then you don't see there's a problem? No. That's not what I'm saying. I'm saying from what we have described. there was plenty of information that was available to the public and the regulatory agencies about PCBs around the plant site before. There was not out of that a -- through that set of conversations, but there was a lot of work done at the plant site, obviously, to reduce losses and to make things better. And then the plant was shut down. But there was out of that not a KRIEGSHAUSER REPORTING & VIDEO 232 1 2 3 4 A. 5 6 7 8 9 10 11 12 13 Q. 14 15 A. 16 17 18 Q. 19 20 21 22 A. 23 went out and did some testing that they didn't find PCBs escaping from the plant? I don't know what was done relative to the continuation of the discussion we had in '70, after the plant was shut down, if it indicated that those losses from the plant site had gone to zero. I'm not -- I just don't know the specifics of data or what may have existed between the time we left the discussion in '87. But PCBs are still in the fish in 1987; is that right? Again, I don't know that that's the fact, what the data were or where they were. Wait a minute. We know -- We just looked at documents that indicated in -I believe in 1970 that there were high levels of PCB in the fish, right? That's correct. The FDA work that we talked about. KRIEGSHAUSER REPORTING & VIDEO WATER PCB-SD0000040732 233 1 Q. 2 3 4 5 6 7 8 9 10 11 12 13 14 A. 15 16 17 18 19 20 21 22 23 But Mr. Crockett kept it quiet and didn't put anything -- didn't let the Alabama press find out about it, and no advisory was ever issued. And then in 1993, twenty-three years and three months later, some more tests are done. and PCBs are still in the fish, and they issue an advisory. Is there anything that makes you believe for a second that the PCBs disappeared from the fish during this period from 1970 to 1993 but only came back a short time before the tests were done? I don't know. There was some indication in jthe document that the levels in the fish were tracking the reductions in the level of the discharge from the plant site. But I mean, it sounds to me like from what we said, the fact we know, they were there in '70; they were there in '93. I don't know what the conclusion is in between those time periods. KRIEGSHAUSER REPORTING & VIDEO 235 1 Q. 2 3 A. 4 Q. 5 A. 6 7 8 Q. 9 10 11 12 13 14 15 16 17 18 19 20 A. 21 22 23 People are still catching them and eating them, aren't they? That I don't know either. Probably? Because there's no advisory. I don't know what the practice is down there. I'm not a resident. I don't know. But yes, you are a resident, are you not? Don't you have responsibility, and haven't you had responsibility for the safety and health as a corporate citizen? You have had the job yourself on behalf of Monsanto since 1991. And you mean to tell me that you haven't found out whether or not people fish in those bodies of water that you have been dumping PCBs in? MR. PECK: Object to the form of the question. That's not a specific question that I would ask. I think the question that I would ask is do we feel we have any environmental health or safety concerns KRIEGSHAUSER REPORTING & VIDEO 234 i Q. 2 3 4 5 6 7 Q. 8 9 10 11 12 13 14 15 16 17 18 19 20 Q. 21 22 23 A. But you have got a lot of common sense. and you know if it was there in '70 and it was there in '93, that it was there in 1987, weren't they? MR. PECK: Object to the form. Lack of foundation. In all probability MR. BARRETT: What? Foundation that he's got common sense? MR. PECK: Foundation that he's not a toxicologist, and you have skipped a lot of data between then and now that indicates that it was dropping and was out of the fish in '89 and '90 and '92 and '93. There's data on that. You haven't presented it to him. So you think that there weren't PCBs in the fish in 1987? Or you just don't know? 1 don't know. KRIEGSHAUSER REPORTING & VIDEO 236 1 2 3 Q. 4 5 6 A. 7 Q. 8 9 10 11 12 A. 13 14 15 16 17 Q. 18 19 20 21 22 23 around plant sites and would react and respond to that line of inquiry. All right. You don't have any reason to indicate people weren't -- that they had stopped fishing, do you? I just don't know. Do you know -- You have seen houses there. I know you have told me you have seen houses. Does Monsanto assume that people lived in those houses, including chiIdren? I mean, I know we know that people live in some of those houses. But -- at the time of the buy-out children -- again, I don't know what the marital status or child status was. Wouldn't it have been safe for Monsanto to assume that children were living in those areas and playing in those ditches and playing in those overflow areas? Wouldn't that have been the wise thing for Monsanto to do with its primary responsibility being to protect the KRIEGSHAUSER REPORTING & VIDEO WATER PCB-SD0000040733 237 1 2 A. 3 4 5 6 7 8 9 Q. 10 11 12 13 A. 14 Q. 15 16 17 18 19 A. 20 21 Q. 22 23 health and safety of the neighborhood? I think that what we, you should have known and did know was where were the PCB going and in the discharges during this time period, what the levels were. And they were going down discharge canals that were permitted pathways for waste water discharge. You have seen the little three monkey paper weights, see no evil; hear no evil -- See, hear -- speak no evil. That shouldn't apply to Monsanto, should it? I don't think it does. But it shouldn't, should it? Monsanto can't just turn a blind eye to problems and say, gee, we didn't know, if it's right there in front of their faces, can they? I don't think we, you know, should, would, or did. People are out there, whether they are children or not, and they're breathing -- This is 1987. They're breathing the KRIEGSHAUSER REPORTING & VIDEO 239 1 2 Q. 3 A. 4 Q. 5 6 7 8 A. 9 10 Q. 11 A. 12 13 Q. 14 15 A. 16 17 Q. 18 19 20 21 22 23 been no reason to do that. And you didn't do it, did you? Pardon? You didn't do it? You, Monsanto, did not issue any public warning about any PCBs at any time from 1931 up through 1987, did you? I think there was a lot of public information available relative to PCBs. Not the question. And we did a lot of work with people around that. With Joe Crockett? But did you give any public -I think we did a lot of work with a lot of people in addition to Joe Crockett. Did you give any -- Yes or no. Did you give any public warning? Did you issue any notice? Did you put an ad in the paper? Did you have a press release? Did you put up any signs to say that there's a PCB problem here or that there may be a PCB problem here so that your KRIEGSHAUSER REPORTING & VIDEO 238 1 2 3 A. 4 5 Q. 6 7 8 9 10 A. 11 12 13 Q. 14 15 16 17 18 19 20 21 A. 22 23 PCBs in the air and the dust if there are any? Well, they're breathing, certainly, yes. And they're breathing air in the area. And if PCBs are in the air, they're breathing it into their bodies. Maybe they're exhaling it, as you say, or some of it, but they're breathing it into their bodies, aren't they? Again, you leave out the facts of whether or not there were PCBs there, which I don't know. Okay. And again, we're still setting the stage of what's happening in 1987. Still in 1987 there's been no public warning of any PCB hazard or the fact that they are being discharged, or no advisory, nothing by Monsanto, to tell the public that you have PCBs in your midst? Yeah. If in fact the levels have come down before the fish advisories, I guess at that point in time there would have KRIEGSHAUSER REPORTING & VIDEO 240 1 2 3 4 5 A. 6 7 Q. 8 9 10 11 A. 12 Q. 13 14 15 16 A. 17 18 Q. 19 20 21 22 23 neighbors could make their own conclusions about what they should do with their children? Did you do any of that? I don't think we did. And I don't think there was a basis to do that. Right. And so, anyway, you authored this memo. And it's supposedly -- or giving an environmental status to the plant, right? That's correct. Now, in this environmental status report you don't mention any of the factors that I have just enumerated over the last five or six minutes, did you? I'd have to go back and refresh my memory on the report. Well, okay. To your knowledge did you say anything about warning people or the fact that it's still -- it's still going into the effluent, it's still in the fish people are still catching, any of those things? KRIEGSHAUSER REPORTING & VIDEO WATER PCB-SD0000040734 241 1 2 3 A. 4 Q. 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 A. 20 21 22 23 MR. PECK: Object to the form of the question. No foundation. I don't recall any of that at that time. But you do say that we need to defuse the future concerns -- these future concerns of the community. What future concerns are you talking about? I assume that -- or do I actually assume correctly that Monsanto here, and you. Mr. Pierle, knew that one of these days Monsanto -- the bubble was going to break, that the dam would break, or whatever you want to say, that the word would get out of this environmental disaster concerning PCBs at your Anniston plant. Is that what you were talking about when you said future concerns? No. 1 think what it says there is that -- because we were doing work at that site. And it was a tone question that basically says, you know, in the future we have got to be attentive to the KRIEGSHAUSER REPORTING & VIDEO 243 1 2 A. 3 4 5 6 7 8 9 10 11 Q. 12 13 14 15 16 17 18 19 20 21 22 23 A. don't you? I think we have acted on this on the basis that there is information that needs to be available. We need to do that on open disclosure. And if that suggests that there are issues or problems that need to be dealt with, real and including any community reaction, we ought to do that appropriately. The fact is here we are in June of 1998, and PCBs are still escaping from the Anniston site into the community. And there are still millions of pounds of PCBs buried on the Monsanto-Solutia property in Anniston. And not a thimble full of PCB contaminated dirt has been removed from the Mars Hill Church property or from the properties of any of our clients to this day. Isn't that -- All of those things are true, aren't they? No, they're not. KRIEGSHAUSER REPORTING & VIDEO 242 1 2 3 4 5 6 Q. 7 8 9 10 11 12 A. 13 14 15 16 17 18 19 20 21 Q. 22 23 attitudes of the communities. We have got to be responsive to those, stay ahead of them, and defuse those. In other words, act responsively and properly. Does that memo that you wrote in 1987 not indicate that both you and Monsanto were concerned primarily with public relations rather than with public health with regard to the Anniston PCB situation? No. I mean, everything above that document is work and activity that is going on. And this says in addition basically we should continue to maintain cooperative interaction with regulators. That was a posture of what we were doing, be responsive to community attitudes, stay ahead and defuse those future concerns. Mr. Pierle, you still think this -- the main problem that Monsanto and Solutia has now is a public relations problem, KRIEGSHAUSER REPORTING & VIDEO 244 1 Q. Let's take them one at a time. PCBs are 2 still escaping from the Anniston site 3 into the community. That's true, isn't 4 it? 5 A. I don't know that that's true. We have 6 undertaken significant remedy with 7 respect to the run-off from the landfill 8 to interject and prevent that 9 occurrence. 10 Q. There's still millions of pounds of PCBs 11 buried on the plant site in Anniston, 12 are there not? 13 A. I don't know the number. There's a 14 large quantity. And they are buried on 15 the plant site, just as they are in a 16 lot of different places. 17 Q. In unlined -- 18 A. As I understand the geology in that 19 particular area is such that there -- 20 Q. Don't have to? 21 A. -- is deep play, and they basically 22 prevent a line in and of itself. 23 Q. Not a thimble full of PCB contaminated ___________________________________________________________________ 1 KRIEGSHAUSER REPORTING & VIDEO WATER PCB-SD0000040735 245 1 dirt has been removed from the Mars Hill 2 Church premises or from the properties 3 of any of our other clients there? 4 Quite some time ago we made offers to a 5 large number of people, including the 6 churches in the particular area. And we 7 have stood ready to undertake those 8 actions and stand ready to today to do 9 those. And many people have accepted 10 those offers, and removal has taken 11 place. 12 And they have to be -- have to accept 13 your offer on your terms before you will 14 remove the dirt, right, the PCB 15 contamination? 16 I think we have extended an offer that 17 we thought was fair, and we have, where 18 discussions have warranted, negotiated 19 from that. So I think we have not made 20 it a unilateral take-it-or-leave-it 21 proposition. 22 Mr. Pierle, has a thimble full of PCB 23 contaminated dirt from Choccolocco Creek <RIEGSHAUSER REPORTING & VIDEO 247 1 health. That's what we're about. 2 MR. BARRETT: That's all the 3 questions I have. 4 5 (AND FURTHER DEPONENT SAITH NOT.) 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 KRIEGSHAUSER REPORTING & VIDEO 246 1 2 3 A. 4 5 6 Q. 7 8 A. 9 10 11 Q. 12 13 A. 14 15 16 Q. 17 18 19 A. 20 21 22 23 or from the Coosa River been removed and properly disposed of? That I don't know. We have not taken those actions. Whether others have, I'm not aware. And the fish advisory is still in effect? For portions I believe of Choccolocco Creek and maybe portions of one of the lakes. Because the fish there still contain PCBs? That's correct. They contain it as of the data that we have done here recently. This isn't a public relations problem at all, is it? It's a lot more serious than that, is it not? It is an issue that we are dealing with openly with the affected people in the area. And it's very important that we reach the right solutions with respect to control and the protection of public KRIEGSHAUSER REPORTING & VIDEO 248 June 12, 1998 Mr. Michael A. Pierle C/O Adam Peck, Esq. Lightfoot, Franklin & White 300 Financial Center 505 North 20th Street Birmingham, Alabama 35203 Dear Mr. Pierle: This page is incorporated as page 247 of your deposition. Your deposition transcript has been completed, and as per requested, is ready for you to read over. Please do not write on the transcript but make any changes you wish on the errata sheet provided. It there are no corrections, write across page "no corrections." Please sign tne signature page before a notary, and then return errata and signature page. Under the Rules of Civil Procedure you have thirty days to read and sign your deposition transcript. If you have any questions, please feel free to call me at (314) 729-0575 and I'll be glad to help in any way I can. Sincerely, Sheila L. Ford, RPR, CSR KRIEGSHAUSER REPORTING & VIDEO cc: John Barrett, Esq. KRIEGSHAUSER REPORTING & VIDEO WATER PCB-SD0000040736 SIGNATURE PAGE 249 'MTCHREmm'TETrrE' Subscribed and sworn before me on this __ day of____________, 1998 My commission expires: TWOTARY-PUBFTCT KRIEGSHAUSER REPORTING & VIDEO 250 NOTARIAL CERTIFICATE I, SHEILA L. FORD, a Registered Professional Reporter and duly commissioned Notary Public within and for the State of Missouri, do hereby certify that there came before me the Ritz-Carlton Hotel, 100 Carondelet Plaza, St. Louis, MO 63105, MICHAEL A. PIERLE, who was by me first duly sworn to testify to the truth and nothing but the truth of all knowledge touching and concerning the matters in controversy in this cause; that the witness was thereupon carefully examined under oath and said examination was reduced to writing by me; and that the signature of the witness was not waived by agreement of witness and all parties, and that this deposition is a true and correct record of the testimony given by the witness. I further certify that I am neither attorney nor counsel for nor related nor employed by any of the parties to the action in which this deposition is taken; further, that I am not a relative or employee of any attorney or counsel employed by trie parties hereto or financially interested in this action. IN WITNESS WHEREOF, I have hereunto set my hand and seal this the 13th day of June, My commission expires: March 13, 2002 Shei la L . FordNotary Public KRIEGSHAUSER REPORTING & VIDEO WATER PCB-SD0000040737 PIERLE.TXT / '56 73:19 '60s 131:21 7 66 73:19 7 69 159:16; 170:13; 228:7 7 7 0 159:17 ; 232:6; 233:20; 234:2 '70s 131:21 7 71 165:11; 208:15; 209:16 7 87 232 : 12 7 8 9 234:16 7 9 0 234:16 7 9 2 234 : 16 7 9 3 2 3 3 : 21 ; 234:3,17 797 17:6; 31:5; 33:14 7AD 139:12 7chlor 97:17 'does 220:16 'safe7 120:1 7 slightly 220:18 'toxic7 223:7 0 0.3 195:14 1 I 3:18.5; 8:12; 9:3; 26:11; 73:12; 209:2,17,19, 23; 220:13 1.80 147:9 10 124:3,16, 17; 125:4 100 2:16; 250 : 4.5 II 192:6 12 68:17; 248 : 2.5 1242 89:10,21 1250 220:15 1254 216:19 13 202:11; 250:19.5 131 12:10 13th 250:18 14 222:6 15 139:12; 191:7; 208:13 1600 109:11 17 184:5; 187 : 1 18 214:9; 216:1 19 82:12; 97:5,9 192 12:4 1931 239:6 1947 99:17; 100 : 2 1950 61:5,14, 17; 62:3 1955 95:22; 97:6; 100:4; 152:11 1956 64:9; 68:18; 73:12; 97:9; 100:5 1957 71:14 1958 82:13,17; 83:20 1965 87:4,18; 91: 14 1968 115:16, 23; 116:5; 121:22; 123:1; 228:6 1969 123:21; 12 4:14 ; 128:21; 154 : 8 , 17,19 ; 157:6,20; 222:6; 225:15; 229:16 1970 105:18; 154:9; 164:10; 165:11,22; 166:21; 168:10; 17 3:14 ; 180:20; 183:19,22 ; 184:5; 185:7; 202:11; 204:15; 206: 18 ; 2 07:19 ; 208:23; 209:8,13,15, 21; 232:20; 233:11 1971 191:8,15; 192:6; 197:19; 208:13; 209:6; 212:19 1972 212:20; 213:2 1975 216:1; 220:8 1980 212:11 1987 226:22; 229:14,20; 231:13,22,23; 232:13; 234:4,21; 237:23; 238:14,15; 239:7; 242:6 1991 7:1; 235:13 1993 189:2; 233:5,11 1995 214:9 1996 146:21; 157:15 1997 8:12; 11:21; 26:11; 53:21 1998 1:13; 2:14.5; 4:7; 5:3; 14:6; 109:23 ; 197:19; 243:11; 248:2.5; 249:12; 250:18.5 2 2 1:13; 2:14.5; 4:7; 120:2; 220:15 2.6 160:19; 161:6,17 2.969 11:21 20 191:11,15 200 125:6,10; 170:12 2002 250:19.5 20th 3:7.5; 191:17; 248:6.5 21 128:21 21927 3:9 23 225:15 23rd 204:15 247 248:9 25 208:3; 209:13,15; Page 1 210:1 2600 207:13 27420 3:9 27th 89:8 290 12:1 2nd 5:3 3 3 87:18 30 116:5 300 3:7; 248:6 306-46-2942 6 : 18 314 1:20,21; 248:17 32 207:14 35203 3:7.5; 248 : 7 36 3:18.5 39095 3:4.5 4 4 220:8 4.3 12:23; 14 : 3 4.42 147:10 400 207:16 4620 208:3 5 5 82:13; 83:20; 209:2, 17,19,23 505 3:7; 248:6.5 6 6 3:15.5 6.25 202:11 621-4408 1:21 621-4533 1:21.5 63102 1:20.5 63105 2:16.5; 250:5 6th 174:9 7 7 165:22; 206:18 729-0575 248:17 7th 173:13; WATER PCB-SD0000040738 PIERLE.TXT 180:16; 182:16 8 8 105:18; 180:20 8-hour 90:15 80 123:22 801 6:12 810 1:20 8th 106:11; 125:5; 146:20 9 987 3:4 9:00 4:7 9:14 5:4 A a.m 4:7; 5:4 ability 15:20; 112:12; 217:3 able 27:13; 130:15; 138:15 above 46:10; 53:8; 119:5; 126:1; 137:12 ; 142:18; 147:16; 179:9; 242:12 absolute 55:9; 105: 2 absolutely 64:1; 196:12; 210:18; 229:12 absorb 142:8, 11,12 absorbed 79:14,19,23; 80 : 3 absorption 100:9 accept 92:8; 140:14; 245:12 acceptable 25:5; 109:19; 111:7; 143:6 accepted 198:14; 245:9 access 134:16 accessible 134:13 accidental 148:18 accidentally 147:22; 148:3 according 14:21; 161:3; 175:23; 176:2; 191:16; 228:7 account 18:15 accounting 19:14; 20:16; 21:16,17; 22 : 4 accumulate 74 : 21 accumulated 74 : 22 accumulates 58 : 15 accumulating 64 : 13 accumulation 57:20,21; 58:14; 116:23 accumulations 117 : 5 accuracy 86:17; 205:15 accurate 14:4; 201:21; 216:21; 221:1,2 accusations 117:2,3,11; 211:20 acid 47:17 acknowledge 92 : 6 acne' 97:17 across 73:20; 248:12 act 52:10,13, 14; 182:17; 242:4 acted 33:9; 243:2 acting 169:13, 17 action 1:5.5; 2:5.5; 5:12; 36:16; 43:2; 114:1; 128:17 ; 147:20; 185:16,19 ; 196:11; 2 00:14 ; 250:14,16.5 actions 146:8; 201:6; 202:18; 203:23; 245:8; 246:4 activity 142:9; 242:13 actual 46:4,11 actually 21:5; 22:7; 48:5; 110:14 ; 156:20; 157:4; 163:9; 173:4; 213:12; 215:1,18; 221:6; 231:23; 241:8 ad 239:19 Adam 3:6.5; 248 : 5 add 39:22; 59:10 ; 143:19; 148:14,19 added 17:23 addendum 81:18 addition 42:10; 44:9; 66:7; 239:16; 242:14 additional 16:18 ; 18 : 18 21:20; 3 0:3; 3 2:3; 42:15; 57:20; 6 6:9; 68:3; 137 : 3 ; 184:14 r 190:23 i 196:10 i 198:15 i 219:20 i 221:5; 231:3 additions 81:19 addressed 160 : 8 adds 59:10 adjacent 68:7 adjustment 17:5; 18:19 adjustments 17 : 4 administered 196:16 admit 13:17, Page 2 18; 114:22 adverse 48:8; 53:14; 69:20, 23; 70:17; 105:2; 107:4, 12; 142:22; 184:9; 224:5 adversely 2 3:20 advise 41:9 advised 71:22; 98:17; 194:4 advisories 183:1; 184:20,23; 189:1; 238:22 advisory 189:14 ; 233:4,8; 235:4; 238:18; 246:6 affected 131:13; 246:20 affects 102:19; 103:4 afraid 86:9; 151:11 afternoon 2:15.5 age 5:18; 113 : 9 agencies 115:2; 132:2; 133:1; 164:14 ; 168:22 ; 169:12; 172:11; 176:22; 222:21; 230:16 agency 55:2; 94:12; 161:15; 196:14 agent 133:1; 169:20 aggressive 42 : 14 ago 38:9; 80:2; 134:8; 154:6; 199:3; 245:4 agree 27:6; 31:3; 32:21; 34:10,11; 38:13; 41:10; WATER PCB-SD0000040739 PIERLE.TXT 44:14; 46:3, 16; 50:2,4, 17; 55:18; 56:18; 69:6; 76:3; 85:17; 107:19; 121:2; 125:23; 137:17; 138:17 ; 142:13; 144:6,13 ; 149:9,14,17 ; 150:8,16; 161:23; 195:8; 210:13; 214:18; 215:12 agreed 4:2,10, 19; 11:2; 169:4; 208:9 agreeing 204:19 agreement 11:1,5; 53:5; 197:10; 250:10.5 agreements 195 : 6 agricultural 7:23; 227:12 ahead 6:6; 12:17; 64:15; 200:16; 203:2; 223:2; 242:3,19 air 100:10; 120:12; 121:18; 122:1,16; 154:12; 156:15,19 ; 157:8; 158:6; 159:1,8,11; 162 : 6,18 ; 163:14; 164:4; 238:1, 4,5 airborne 150:18; 153:21; 154:1; 163:4; 164 : 8 al. 1:4,7; 2:4,7; 5:8,9 ALABAMA 1:1; 2:1; 3:7.5; 5:10; 46:9; 81:12; 99:5; 110:1; 145:20; 146:21; 154:22; 164:7,22 ; 165:12 ; 167:18 ; 168:5,16 ; 169:3,18 ; 170:1,2,4; 172:3; 173:2; 174: 14 ; 178:17,21; 179 : 7 ; 181:19; 182:17 ; 184:16; 185:16; 186: 13 ; 187:4,6; 189:11,21; 193:7; 194:23; 221:20; 233:3; 248:7 alarming 128:16 alerted 70:4; 89:9; 164:7 allocated 18:8 allotted 101:18 allow 76:13 allowable 24:23; 55:9 allowed 54:11; 98:16; 100:12; 171:18; 189:11; 195: 22 allowing 13:7; 25 : 13 allows 46:9 almost 73:15; 127:5; 209:16 already 59:11; 195:23; 196:1 altered 213:23 Although 97:8; 140:10 amend 220:13 amendment 97:9 among 150:6, 20; 151:4 amount 18:8; 50:14 ; 132:13 ; 137:21; 148:9; 149:6; 194:16 ample 106:14 analogy 38:10 analysis 46:23; 205:21 analytical 16:7; 119:4; 126:3,7; 138:15; 205:12 and/or 251:4 animal 38:12; 214:22 animals 38:15; 57:18; 66:21; 67:12,13; 68:3,11; 69:22; 70:1; 74:23; 91:17, 23; 92:7,22; 93:1; 107:14; 108:7 ; 112:22; 113:3; 120:3; 163:16; 219:8 Anniston 6:5; 10:14,19 ; 15:2; 18:9, 20; 27:11; 30:14,15; 81:11; 95:20; 96:7,18,20, 21; 98:23; 99:5; 100:20, 22; 101:22; 102:7,18; 110:1; 121:19,23; 122:13,17,22 ; 127:23; 129:16; 130:8,9,10; 131:9; 153:22 ; 154:22 ; 158:7,9,15, 22; 159:1,12, 18; 160:5,16; 162:9; 166:2; 171:12,14 ; 18 0:17 ; 181:2; 188:22; 189:9; Page 3 203:15; 207:22; 227:5; 228:10; 231:7; 241:16; 242:10; 243:13,16; 244:2,11 annually 123:23; 124:3,18 another 12:19; 22:4; 43:19; 57:6; 85:3; 90:23; 96:7; 108:8; 115:8; 173:9; 200:8; 225:14 answer 23:15; 30:5; 32:20; 39:14; 43:3; 49:5; 51:22; 52:18; 53:5; 73:4; 94:20; 103:19 ; 111:14 ; 135:5; 144:20; 145:17; 146:10; 187 : 9,11; 198:19 ; 201:22; 215:10; 231:4 answered 33:8; 151:16 answering 28 : 19 answers 80:10 anticipated 179:10 anxiety 150:20; 151:4 anybody 41:14; 42:8; 118:8; 192:17 anyway 99:13; 123:19; 195:2; 196:22; 207:9; 221:20; 240:7 apart 55:22 apologize 126:17 apparent 66:18; 216:10 WATER PCB-SD0000040740 PIERLE.TXT apparently 73:9; 80:1,2; 81:8; 88:22; 89:8; 106:7; 126:13; 129:3; 148:1; 160:19; 175:21; 179:11; 192:2; 216:6, 15 appear 15:2; 96:10; 201:12; 202 : 22 ; 214:23; 215:17; 219:15; 220:16; 221:4 appears 65:12; 78:12; 116:8; 192:13; 193:5; 222:12 application 89:15,20 applied 197:2 applies 71:17 apply 237:12 appointment 191:10 appreciated 15 : 16 appreciative 175:16 apprised 180:15 approach 175:17; 194:19 approached 178:5,16 appropriate 32:4,18; 36:16; 42:17; 43:2,9; 44:6; 46:5,18; 71:4; 86:7; 104:8; 176:13; 190:7; 197:6, 12 appropriately 243:10 approval 216:10,14 approve 210:21 approximately 5:4; 17:17; 161:6; 212:19 April 7:1; 95:21; 97:6; 100 : 4 area 19:4; 20:5; 32:10; 33:18; 34:20; 36:3; 67:6; 119 : 17,19 ; 13 0:17 ; 131:1; 132:23; 133:19 ; 136:16; 152:1; 180:15 ; 189:9; 198:3; 228:9; 238:4; 244:19 ; 245:6; 246:21 areas 19:3; 99:11; 102:22 ; 107:8 ; 129:16 ; 131:12; 236:19,20 aren't 229:10; 231:14; 235:2; 238:9; 243:21 arise 89:14 Aroclor 80:20; 89:10,21; 90:1; 98:12; 116:5,21; 117:10; 118:21; 119:21; 12 0:12 ; 160:11; 204:18; 205:10; 208:2; 216:19; 218:18,21; 220:15; 226:5 Aroclors 61:19,21; 74:2; 95:19; 98:5,8; 99:18,21; 101:1,9; 175:14 ; 225:21; 226:4 around 14:19; 17:20; 21:7; 32:13; 40:11, tH CO 13; 80:8; 103:22 ; 104:7 ; 113:16; 115:20 ; 127:23 ; 135:3; 222:2; 228 : 22 ; 230:16; 236:1; 239:12 arranged 193:18 article 75:4; 99:17; 100:2; 174:10 aside 16:19; 17:9; 19:21; 21:18; 22:9; 53:16,23; 185:8; 208:6 asks 23:2 aspects 223:7; 226:11,12 assessed 11:3 assets 8:22; 14:2; 15:3,4, 8 assign 4:14; 10 : 3 assignable 20:6 assigned 10:11 assignment 15 : 7 assist 173:4 associated 10:5,7,10; 17:19; 19:19; 20:21; 21:6; 103:18 ; 104:19; 224:8 assume 25:3; 34 : 10 ; 39: 11, 12; 53:19; 61: 13 , 15; 71: 21 ; 74: 16; 5, 2 3 ; 84 : 7; 89 : 2 / 106 : 4 ; 151 :8; 174 : 9 ; 18 9 :5; 221 : 3 ; 236 = 9, 18; 241:8 assumed 179:1 assuming 39:9; 56:17; 74:10; 134:23; 156:12 assumption Page 4 132:10; 152:1,3 ; 163 : 8 Atlanta 192:9; 193 : 3 atmosphere 69:22; 103:9; 153:12,15; 154:10; 155:8; 160:12,20; 161:8,22 atmospheric 154:21; 155:4,6,12 attach 58:6,10 attached 74:10; 144:16; 208:20 attaches 73:21,23; 99:16; 208:19 attack 40:21 attempt 214:20; 215:14; 223:6 attention 176:8; 186:22; 226:3,5 attentive 241:23 attested 94:21 attitudes 228:1; 242:1, 19 August 89:8; 165:22 ; 166:21; 180:20; 182:16; 184:5; 187:1, 16; 220:8 authenticate 75:11; 76:6,8 authenticated 75:23 authored 240:7 authorities 54:5; 133:4; 168:12; 180:14; 184:1; 206:15 authority 168:5; 172:2, 19 autoclave 68:6 WATER PCB-SD0000040741 PIERLE.TXT autonomous 99 : 8 autonomy 102:13 autopsied 67 : 16 available 57:1; 61:3; 109:19; 110:17; 111:2; 204:22; 230:15; 231:3; 239:9; 243 : 4 Average 207:11 averaged 208:2 avoid 182:8 avoided 229:21; 230:2 awarded 44:17 aware 23:18; 54:14,21; 61:7; 91:13; 93:15; 127:20,22; 129 : 14,22 ; 145:20; 146:11,14; 246 : 5 away 14:23; 15:1; 62:6; 115:12 ; 134:10,17 ; 135:14; 179:22 AWIC 179:8,17 axiom 35:12, 15,21 B back 37:10,21; 42:7; 43:13; 45:18; 49:20; 63:12,13; 64:13; 65:4; 80:1; 83:10, 15; 95:4; 99:7; 100:19; 10 3:6; 104:10 ; 105:9; 115:4; 121:22; 129:17 ; 131:20,21; 132:23; 154:8; 158:7; 159 4; 163 23 ; 164 12; 168 10; 177 6; 192:4; 198 5; 201: 19; 205 5; 209:7; 214 15; 223 19; 224 15; 233 12; 240 16 background 138 5,6,7,10, ii; 142:4,5 bad 70:23; 104 18; 132 18; 207 15; 208 ii; 218 11,15 Badische 65:20 balance 8:17; 15:19; 86:16 banks 54:16 baptismal 135 19,22; 136 4 baptisms 136:1 BAPTIST 1:4; 2:4 5:7; 133 6; 144:8 Barrett 3:3.5, 15.5; 5:21; 6:1 2; 13:10, 21,22; 28:18; 60:8,12; 64 : L,4; 72:10,13; 75:13,20; 76:2,17,22; 77:11; 82:9; 83:10,15,19; 90:22; 95:9, 13; 105:5,9, 10; 117:6,7 ; 124 12; 177 18,23; 186 ii; 200 20 ; 208 16; 210 8,13; 214 11,17; 219 2 3 ; 220 4,6; 225 5,9,12; 234 8; 247:2; 248:22.5 based 18:19; 21:2; 25:17; 46:5; 114:1; 155:6,10,20; 156:1,12 ; 161:5,9 ; 231:2 basic 83:22 basically 7:17; 10:3,4; 15:6; 24:23; 44:3; 46:16; 47:14; 55:4; 70:11; 85:22; 109:18 ; 112:10,13 ; 122:19; 178:4,8; 179:15; 187:12 ; 200:10; 211:13; 229:15; 241:22; 242:15; 244:21 basis 114:17; 140:22,23; 149:2; 170:6; 179:10,13; 240:6; 243:3 bath 101:3 bathe 62:9; 103 : 3 bathing 98:17; 101:19 bears 61:13 became 7:6; 48:7; 61:3; 151:11; 212:21 BECK 5:20; 63:20; 81:22; 128 : 3 become 75:5; 116:20; 117:8; 124:4, 18; 166:14 bed 188:12 beg 206:21 began 48:10; 154 : 5 begin 156:9; 226:7 beginning 209:1,20 behalf 1:12; Page 5 2:14; 5:19; 44:7; 63:12; 169 13,17; 174 23 ; 235 13 behavior 34:20; 43:14; 44:6; 46:6 behaviors 34 : 23 behind 46:23; 136 4 beings 51:9, 11,21; 87:5; 93:18; 107:7, 21; 125:20 Belgium 74:2 belief 15:23; 87 : 10 beliefs 34:19; 35:5 believe 12:12; 17:7; 18:22; 26:6; 27:8; 32:3,6; 35:12,15; 36:4; 37:5; 53:13; 54:13; 55:7; 57:9; 58:17; 61:23; 65:3,9; 66:17; 88:3; 91:3; 103:20; 114 16; 116 14; 121 16,19; 136 8; 138:4, 21; 140:4; 141 15; 156 21; 157 i; 158 20; 172 17; 174 7; 183 18; 188 10,18 ; 190 2; 193 ii; 197 17; 199 3 ; 211:6; 213 10,14; 217 17; 221 15,23; 227 1,11; 231 16; 232 20 ; 233 9 ; 2 4 6:8 believed WATER PCB-SD0000040742 PIERLE.TXT 112:18; 122:12 believes 77:13; 210:16 below 124:2; 142:21; 251:4.5 benefits 15:20 benign 54:8 Bergen 166:4, 23 besides 139:5; 169 : 7 best 73:16; 112:4; 144:3; 195:19 bet 43:8 better 42:5; 57:15; 99:3, 6; 114:20; 230:22 between 2:14.5; 7:18; 29:3; 81:7; 82:15; 85:21; 86:17; 93:20; 102:13; 129:12 ; 132:4; 225:19; 232:11; 233:22; 234:13 beyond 30:3; 32:17; 46:4; 148:20; 189:10 big 80:14 bigger 58:12 Bill 105:20; 106:4; 108:5; 110:4; 116:9, 11,12,19; 117:7; 120:21; 121:22; 122:3 Bill's 109:17 billion 8:15; 11:22; 13:1; 14:3; 20:9; 108 : 14; 128:7; 136:22; 137:4,14 ; 207:14; 208:4 Bio 120:6 bio-accumulate 57:8; 58:22; 59:19; 60:18 bio-accumulat ion 57:11,16; 59 : 14 biological 57:21 Biotest 123:8; 126:12; 129:1; 211:8; 213:22; 216:4,7,16; 219:12 biphenols 77:23; 78:3, 20; 79:6 biphenyl 29:14; 79:9 biphenyls 28:4; 29:12; 78:22; 80:19; 117:12 ; 147:6; 222:15; 223:8 biphenyols 78:21 bird 108:20 birds 106:16; 107 : 20 Birmingham 3:7.5; 248:7 birth 114:9,18 bit 39:5; 141:14; 145:7 bitten 39:21 blacked 73:20 bleach 47:17 blind 237:15 blister-like 66 : 2 block 9:19 blood 128:2; 138:1; 149: 13 ; 150:11; 228:21; 229:9 blow 47:20; 63 : 10 blowing 157:21 bodies 152:13; 235:16; 238:6,9 body 58:15,23; 59:8,11; 60:1,19; 104:1; 135:12; 137:22; 142:6,7,23; 143:2,10; 144:11,19; 153 : 4 boils 231:5 boss 166:11 both 8:9; 11:14; 15:11, 15,21; 27:4; 31:23; 60:15; 86:5; 100:8; 108:20,22; 115:2; 116:17 ; 117:20; 13 5:12 ; 158:15 ; 184:6; 190:11; 194:2; 210:4; 242 : 7 bottom 89:23; 128:10 ; 194:7,8 ; 221:21 Box 3:4,8.5 boy 140:3; 203 : 7 brand 84:1,9; 196:12 break 55:22; 60:9,11,13; 105:11; 124:10,11; 186:10,11; 214:13,14,16; 241:12 breakup 7:14; 56:3,4,5 breath 148:8 breathe 145:3; 148:22 breathed 153:16 breathes 144:8 breathing 59:8,20; 152:13 ; 153:4,8,19 ; 157:11; 180:2; 237:22,23; 238:3,4,6,8 bring 176:7; 186:21 Britain 141:8 broad 54:23; 73:3; 121:9 broadened Page 6 59:23 broader 23:23; 44 : 5 broadly 36:2 BROADWAY 1:20 broke 124:13, 19 broken 78:14 brought 18:4; 44:7; 77:8; 127 : 21 brown 108:12 Brussels 74:1 brutal 188:15 brutally 90:10 bubble 241:11 Buchanan 73:10 build 57:23; 60:18; 144:10 building 59:12; 101:9; 104:11 builds 143:9 bulls 38:11 buried 243:15; 244:11,14 burn 111:22; 112:2,9,12 burned 112:11 burners 109:9 burning 111:20,23 business 17:19; 22:11; 31:5; 32:23; 34:6,7; 91:7, 8; 121:8; 130:20; 166:6 businesses 7:18,19,22; 8:4,8,14; 10:4,7,11; 20:7 buy-out 133:16; 236:14 buy-outs 130:23 buying 83:2 C C-O-N-F-I-D--E-N-T-I-A-L 225:16 C/O 248:5 cages 67:6; 68:4,12 WATER PCB-SD0000040743 PIERLE.TXT Calandra 120:7; 220:9, 12 Calandra's 120 : 2,5 calculations 161:4,10,12 CALHOUN 1:1.5; 2:1.5; 5:11; 221:19 call 20:1; 88:19; 179:2; 248:17 called 7:10; 58:4; 89:6; 91:1; 95:14; 164 : 7; 166:16; 206:19; 211:7 calls 50:20 came 9:18; 152 : 7; 156:11; 175:18; 189:12; 216:18; 233:12; 250:4 canals 237:7 cancer 92:7, 10,21; 93:18; 217:5,18 cancerous 217:16 cannot 54:10; 77:5; 106:17; 140:14 capital 225:18 carcinogen 91:16; 92:21; 93:9,17; 115 : 1 carcinogenic 217:22; 218:4,10,14; 219:15; 221:5 carcinogenic,' 220:17 care 38:18; 140:23 career 91:9 carefully 250 : 9 Carolina 3:9 Carondelet 2:16; 250:5 carried 70:13; 164 : 3 carry 54:4 case 21:11; 25:2; 35:1; 41:6,19; 44:15; 65:12; 170:8; 213:14; 214:2; 221:15; 225:2 cases 21:3; 46:18; 65:13; 66:1; 76:1; 98:2; 107:13 cash 20:17,18 catch 176:1 catching 126:17; 235:1; 240:22 categories 29 : 6 categorized 115 : 7,8 category 47:11 cause 5:6; 24:7; 31:13; 36:14; 51:10; 53:14; 56:19; 59:18; 64:10; 68:2; 72:1,4, 21; 92:7,10; 150:13 ; 152:22 ; 250:8.5 caused 31:10; 38:5; 150:20; 151:3; 212:2 causes 37:6; 92:21; 93:18; 149:12; 150:10; 217:5; 218:19 causing 217:6 caution 84:16; 86 : 14 cc 248:22.5 ceased 102:8 Center 3:7; 248 : 6 century 157:18 CEO 9:5 certain 17:2; 20:12,13; 26:22; 32:13; 33:2; 34:9; 43:22; 71:16; 72:1; 74:12, 22; 82:18; 91:2,22; 106:16; 108:6; 111:23; 113:4 ; 131:22; 143:21,23; 145:5; 158:17 ; 205:22; 211:16 certainly 22:19; 23:21; 31:23; 32:14; 36:11; 48:2; 50:5,13,17; 59:5; 87:12; 105:22; 121:11; 127:5; 146:6; 157:20; 158:1; 162:21; 184 : 4 ; 194:20; 231:6; 238:3 CERTIFICATE 250:1.5 certify 250:4, 13 chain 106:17 chairman 9:4 challenge 229:12 chance 83:20 change 43:14; 98:14 ; 101:14,23; 102:6,9 ; 103:1; 212:5; 214:21; 219:13 Change/Reason 251:18.5 changed 62:6; 169 : 1 changes 16:14; 18:5; 81:19; 248:11; 251:4 changing 62:7 characteristi cs 48:9; 51:3; 55:16; 57:6; 60:22 characterizat ion 190:4 characterized 109:15 charge 150:2 charges 16:14 Page 7 check 158:23; 201:20 chemical 7:5, 19; 8:13; 10:11; 17:19; 24:4; 25:7; 36:5,6; 37:6, 7,16; 65:1; 71:13; 80:13; 103:9; 166:17; 227:3 chemically 72 : 8 chemicals 26:1,12,18, 22; 31:7; 36:7; 103:11; 227:13 chemistry 79:7; 164:4 chemists 56:6 chickens 118:21 chief 9:13 child 35:10; 236:16 childbearing 113 : 9 children 11:12; 40:3, 13; 42:1,9; 44:8; 45:13; 113:8,17 ; 129:22; 131:5,10,17; 179:23; 236:11,14,18; 237:22; 240:3 chloracne 65:14; 72:1; 152:21 chlorinated 61:19; 64:10; 70:5; 72:2; 97:18; 98:5; 117:12; 222:15; 223:8 Choccolocco 167:8; 170:18; 181:21; 184:10; 188:21; 199:21,23; 228:13; 245:23; 246:8 chooses 38:10 chose 188:6 WATER PCB-SD0000040744 PIERLE.TXT chosen 31:5; 32:23 chronic 127:1, 2,12 chronological ly 27:23 church 1:4; 2:4; 5:8; 133:6,9,13; 134:7,17,19; 135:3,10,15, 21; 136:1,5, 16; 144:8; 145:23; 146:1,12; 147:1,7; 150:21; 151:10,11,18; 180:2; 243:18; 245:2 church's 135:8 churches 162:7; 245:6 cigarette 144 : 22 CIRCUIT 1:1.5; 2:1.5; 5:11 circumstances 144 : 1 citizen 235:12 citizens 169:18; 189:8 CIVIL 1:5.5; 2:5.5; 5:12; 248:14.5 claim 122:1 claims 20:21 clarify 28:17; 82 : 7 classical 122 : 5 classification 93:14,19 classified 93:16; 94:12; 114:23 classify 93:8 clause 124:8 clean 35:8,14; 36:19; 98:14; 101:14,23; 102:23 clean-up 19:5, 16; 55:1; 67:5; 70:13; 199:1; 229:16 cleaned 55:11 ; 197:20; 198:9,20 cleaning 36:7 cleanliness 62 : 4 cleanup 18:16; 55:1; 166:1; 229:21; 230:10; 231:6 clear 47:7; 53:4; 112:20; 116:2; 188:15 clearly 19:13; 70:13; 82:23; 90:8; 133:23; 155:21; 174:21; 182:22; 188:6 Cleveland 88:23 clients 243:20; 245:3 cloak 178:7 close 123:11, 13; 134:14; 135:13; 151:22; 163:20; 164:1; 181:21; 184:13 closed 112:14; 188:23; 224:6 closely 78:4 closer 134:2 closing 184:10 clothes 62:5, 8; 98:15; 99:1; 102:1 clothing 100:23; 101:11,15; 102:23; 103:1 CLVS 3:10.5 coat 101:12 cognizant 22:21; 29:16 collect 57:17 collection 35:2; 190:22 combination 101:13 come 21:8; 63:12,13; 81:14; 152:2, 4,6; 178:9; 197:10; 238:21 comes 20:17 coming 184:22; 203:21; 205:17 comment 215:4; 216:13 comments 20:14; 191:13 commerce 48:12 commercial 47:12; 109:9; 181:22; 211:12 commission 165:13; 167:18 ; 168:6; 173:3; 174:14 ; 178:18,21 ; 179:8; 181:20; 186:14 ; 249:16 ; 250:19.5 commissioned 250:3 commissioner 4:6,20 Committee 139:12 common 16:22; 20:1; 41:10, 12,16,22; 67:21; 90:2; 158:2; 215:8; 234:1,9 communication 189 : 23 communications 163 : 6 communities 22:22; 242:1 community 23:5,12,18, 21,22; 27:6; 111:7; 13 0:19 ; 133:23; 135:8,10; 177:1; 227:23; 241:6; 242:18; 243:8,13; 244 : 3 companies 7:21; 15:11, 15,22; 31:3, 7 ; 3 2:22 Page 8 company 1:7; 2:7; 7:2,8, 10,20; 8:16, 13,20,22; 9:5,15; 11:16; 12:13; 13:23; 16:1, 2,9,12; 17:11,12; 19:20; 24:13; 25:11,21,22; 26:7,21; 32:8,15; 34:21,22; 36:5,6; 37:6, 7,16,19; 49:10,14; 54:6; 60:22; 65:1,23; 71:13; 88:4, 23; 94:6,7; 150:3 ; 192:14,18 ; 210:14; 211:7,15; 227:13 company's 24:15; 27:2; 29:21; 30:8; 31:11; 121:5 compare 12:8 compelled 13:20 compensatory 46:11 complained 90 : 3 complete 79:8; 101:11; 102:22 completed 248:10 completely 90:16; 186:5 complexities 205:21 complexity 204:17; 205:10 compliance 29:23; 30:4; 197:11 complicated 39 : 4 complicates 56:21 comply 85:9,10 components WATER PCB-SD0000040745 PIERLE.TXT 98 : 3 compound 81:2; 111:13 compounds 55:20; 100:7; 107:11 compressors 84 : 10 comprising 101:12 concede 131:4; 157:16 conceding 13:7 conceivable 143:14,16; 159:7; 186:3; 224 : 1 concentrate 57 :19 concentrated 103:10 ; 109:21; 111:20 concentration 113:12 ; 119:17 concentrations 51:16; 53:9; 56:15; 94:23 concept 46:18; 108:2 ; 142: 15,20 concern 53:10; 108:17 ; 146:3; 147:14,16,20 concerned 23:19; 121:23; 154:21; 206:11; 221:17,18,20, 22; 226:10, 13; 242:8 concerning 10:18; 175:14 ; 194:4,13 ; 241:15; 250:8 concerns 66:18; 84:12; 106:10,12 ; 107:3; 223:4; 228:3; 235:23; 241:5,6,7,18; 242:20 concluded 94:21 concluding 129:7 conclusion 50:21; 81:14, 18; 107:17; 132:21; 156:11; 157: 12 ; 158:4; 163:8; 216:18 ; 233:22 conclusions 128:11; 240:2 condition 104: 13 ; 12 7:12 ; 182:23; 228:17 conditions 70:16; 103: 12 ; 105:4 ; 110:11; 111:17,18,21; 144:19; 146:9; 153:12,14,16 ; 196:11; 197:1 conduct 15:2; 42:12; 46:12; 182:6; 215:13 conducted 108:11 confidential 167:3; 171:2, 18; 172:8; 173:14; 179 : 9,13,18 , 20; 192:14; 199 : 4 ; 204:21; 208:1; 209:9; 225:20 confirm 80:8; 139:11 conflict 80:8 confluence 167:9; 200:1 confused 126:9 conjunction 24:21; 64:7; 134:5 connection 123:12; 129:12 conscious 104 : 7 consensus 51:1; 53:6 consequence 36:16 consequences 53:14; 69:21, 23; 70:5,17; 71:6; 105:3; 107:5; 184:14 consider 93:8 considerable 194:12 ; 205:14 considerably 78:14; 202:10 consideration 57:5; 228:16 considered 54 : 2 consistent 107:2 ; 112:11; 198:11 consisting 139:13 conspiracy 188:19 constantly 75 : 9 construct 8 6:16 consultant 112 : 4 contact 100:13 ; 149:6,11; 150 : 9 contain 246:11,13 containing 108:13 contaminants 124:4,19 ; 197 : 23 contaminated 59:9; 90:23; 91:12; 110:18; 112:3 ; 147:22; 148:13,17 ; 163:2; 243:17 ; 244:23; 245:23 contaminating 115:17 contamination Page 9 133:15; 140:12; 141:11; 149:7; 164:9; 182:1; 188:3; 245:15 content 85:7 contest 85:21 context 109:3 continually 94:21 continuation 232:5 continue 143:19; 190:23; 227:15; 242:15 continued 92:3 continuing 189 : 9 continuously 143:17 contract 123:16,20 control 52:10; 69:10; 105:21; 162 : 3 ; 193:23; 201:12; 202:23; 203:11,14; 246:23 controlled 120:14 controls 203:21 controversy 250:8.5 conventions 16:23 conversation 52:12; 132:5; 164:12; 231:1 conversations 41:1; 91:11; 132:22 ; 224:19; 230:19 convicted 211:22; 213:12 convinced 197:17 convincing 229:8 coolant 89:21 WATER PCB-SD0000040746 PIERLE.TXT cooperate 179:17 cooperation 179 : 7 cooperative 194:20; 227:16; 242:16 Coosa 246:1 copied 73:10 copies 73:17 copy 73:7,20; 84:22; 97:3; 116:7; 174:17 ; 204:9; 212:3; 220:1; 225:12 copy's 73:14 corn 54:8 corporate 9:8; 53:23; 235:11 corporation 34:12,13; 211:2; 213:1 corporations 188:13 correct 7:3,8, 9,11,12; 8:23; 9:6,11, 16,17,20; 10:20; 12:11, 14; 18:2; 19:9; 22:1,2; 24:3,10; 31:2; 47:23; 50:4; 52:2; 53:22; 56:9; 57:9; 58:9, 17,19; 61:22, 23; 65:11; 67:20; 68:20; 75:2; 78:10; 83:7; 86:16; 123:2; 124:8; 127:10; 139:22,23; 147:12 ; 158:11,12; 161:19; 163:15; 182:16; 191:17 ; 199:21; 213:3; 215:20; 216:11; 217:11,17; 227:9; 229:13; 232:22; 240:11; 246:13; 250:11.5 corrections 248:12,12.5; 251:4 corrective 128:17 correctly 62:2,14; 65:16; 66:4, 13; 78:6,17; 80:17,21; 85:15; 89:16; 90:4; 97:19; 98:6,19; 100:2,14; 106:20; 108:15 ; 109:14,15; 117:15 ; 118:17 ; 128:12,19 ; 182:3; 205:2, 4; 207:17; 209:3; 219:16; 220:19; 223:11; 226:1; 241:9 corrosive 47 : 19 cost 18:15; 21:4 costs 19:6,19; 44 : 10 couldn't 73:3; 112 : 9 ; 152:19; 197:2; 199:14 Country 6:14 COUNTY 1:1.5; 2:1.5; 5:12; 221:19 couple 130:22; 201:23; 222:3 course 10:13; 23:5; 24:1; 57:3,4; 63:20; 107:18 ; 155:1; 191:5; 204:2; 210:22 covering 173:4 covers 18:15 create 103:12; 109:13 creature 141:17,18 creatures 45:15; 56:11, 19; 53:1,7; 60:19; 91:20; 107:6; 218:19 Creek 167:8,9; 170:11,18 ; 181:21; 184:10 ; 194:1; 197:16,18,20, 21; 198:2,9; 199:7,21,23 ; 200:1; 202:6; 207:11; 228:14; 231:10; 245:23; 246:9 Crockett 165:2,3; 167:17 ; 168:15 ; 169:8,16,23; 170:6; 173:11; 174:13; 175:1,9,10, 12,16,21; 176:11; 177:9; 178:23; 179:3 ; 181:16,17,18; 184:6; 185:8, 18,22; 186:13 ; 188:5,6 ; 190:15 ; 191:11,14; 193 : 8,9,18 , 20; 194:3,17, 19; 195:2,3, 7,13,18; 202:9; 204:3, 15; 205:5; 206:5,8; 208:14; 209:22; 227:17,19,21; 230:7; 233:1; 239:13,16 Crockett's 187:13 ; 204:19 cross 143:12 Page 10 CSR 4:5; 248:20.5 cumulative 148:11 cure 141:1 curious 80:22 current 21:9; 22:10,11; 87:9; 195:15 currently 6:20; 29:14; 196:7; 198:13 customer 82:19; 83:1; 88:20; 106:8 customers 8:6, 10; 23:3; 26:19 CV-96-243 1:6; 2:6; 5:13 D daily 62:6; 90:15; 102:6 dam 241:12 damage 24:7; 31:13; 37:6; 38:6,7; 46:4; 66:20; 78:15; 85:13; 87:1, 6; 90:12; 127 : 6 damages 19:8; 31:9; 37:17; 39:3,15; 42:10,16; 44:11,12,16; 45:22; 46:10, 11,17 danger 41:8, 15; 45:15 dangerous 38:12,15; 39:20,22; 40:7,10,20 dash 225:19 data 71:23; 146:18; 200:12; 201:3; 202:5; 203:17; 205:18,22; 206:3,14; 210:15; 213:15; 214:1; 232:10,16; WATER PCB-SD0000040747 PIERLE.TXT 234:12,17 ; 246:14 date 61:12,13; 74:9; 97:4; 128:21; 189:3 ; 251:22.5 dated 71:14; 73:12; 82:13; 87:18; 95:21; 105:18; 116:4; 123:1; 146:20; 152:11; 165:22 ; 214:8; 215:23; 220:8; 222:6; 225:14 dates 180:9 David 74:7 Davis 87:21; 88:6,7,8,10 day 2:15.5; 11:14; 62:8; 78:10; 98:15; 160:19 ; 161:6; 170:12,13 ; 195:15; 197:2; 200:4; 202:13; 203:20; 207: 14,15 ; 208:3; 209:2, 12,14,23; 210:2; 231:14; 243:20; 249:12; 250:18 days 40:4,5; 67:3; 158:8; 200:6; 241:10; 248:15 DDT 78:5,14 deal 54:6; 115:3 dealing 29:7; 177:8; 190:5; 197:8; 246:19 dealt 243:7 Dear 220:13; 248 : 8 deaths 68:2 debate 92:1; 93:5 debt 14:1 December 14:7; 73:12; 82:13, 16; 83:20; 116 : 4 decency 41:12, 17,22 decide 9:21; 31:18 decided 8:7, 21; 10:16; 82:2; 159:10, 12,18; 208:10 deciding 71:11 decision 10:21; 111:8; 170:6; 206:13 decisions 9:1; 190 : 8 decompose 55:21 decontaminated 68 : 6 deduction 22:5 deemed 28:13; 76:20 deep 244:21 defects 114:9, 19 Defendant 1:8; 2:8; 3:6 defendant's 46:12 defense 19:18; 21:4 deficit 13:23 define 24:18; 114 : 4 defined 16:2; 52:9,13; 196:21 defines 52:5; 102 : 3 definite 221:10 definitely 222:10 definition 16:9; 27:17; 32:16; 35:20; 52:15; 114:14 definitions 52 : 17 defuse 228:2; 241:4; 19 degrade degrees 242:3, 55:21 56:3; 109:12 delighted 177:22; 179:19 demolished 133:15; 135:4 demonstrate 51:14; 202:8 demonstrated 100:8 deny 114:22; 214:3 department 65:4; 68:4,7, 13; 88:3,5; 94:10; 119:16 ; 145:21; 146:22; 147:23 ; 164:8 ; 180:23; 181:1,10; 189: 12 ; 206:11; 207:23; 212:22 department. 101:10 depend 149:5 dependent 145:14 depending 52:16; 56:1; 115:6 depends 56:14, 23 DEPONENT 247:5 ; 251:22.5 deposes 5:19 deposition 1:11; 2:13.5; 4:4,15; 5:5; 13:12; 23:7; 62:22; 63:5; 77:1; 81:16; 186:12; 220:11; 223:20; 248:9.5,15; 250:11,14.5; 251:1 dermatitis 100:12 describe 33:21; 50:22; 52:16 ; Page 11 110:11; 134:12 described 45:11; 69:7; 70:1; 115:5; 154:14 ; 165:6; 189:19; 192:6; 205:6; 230:13 describes 70:11; 191:22; 192:8; 205:3; 213:8 describing 25:16; 154:1 description 30:10; 221:2 deserving 45:22 design 223:10; 224:6,21 design-descri be 24:23 designed 184:17 desirable 197:16 desire 85:9 desires 134:6 destroy 167:3; 171:3,12,13; 172:8; 199:4; 200:7; 208:1; 209:10 destroyed 130:14; 13 3:14 ; 135:4; 167:11,23; 171:19 destruction 109:2 0; 171:8,17 detailed 27:15; 198:6 details 113:4; 211:19,23 detect 138:15 detectable 53:9; 138:3; 194:16 detection 126:8; 138:9 deter 43:16,19 determination 170:7 WATER PCB-SD0000040748 PIERLE.TXT determine 25:18 determined 16:9; 2 5:5; 32:8; 128:6 detrimental 51:10 develop 141:18 developed 65 : 14 developing 205:12,15 devices 138:16 died 67:13,19; 68:8,14 diet 106:19 difference 81:6 differences 93:20 different 8:4, 5,6 ; 24:11; 32 : 13; 34:5, 22 , 23 ; 35:19; 52 : 17; 55:6; 56 : 2; 7 9:8; 80 : 12, 23; 81: 3; 99:10; 102 : 4; 103 : 14 / 104 : 10 ,21; 115 : 9 ; 134:7 ; 148 : 9; 158 : 14 ,21,22; 159 :7, 8,18; 177 = 7; :195 21 f 224 : 16 / 244 : 16 differentiati on 59:15 differently 99:3; 100:21; 197:13 difficult 20:23; 45:3 digit 137:15 Dioxin 91:1, 12,16,22; 92:2,6,20; 93:4,8 dioxins 109:13 Diphenyl 101:1 diphenyls 72:3; 97:19 Diphyenyl 61:20 direction 178 : 23 directly 185:20 director 71:20; 91:14; 174:13; 193:13 ; 197:8; 227:1 dirt 111:23; 112:8 ; 243:17; 245:1,14,23 disagree 46:8, 21; 144:6,13; 148:1,4; 150 : 8 disagreement 148 : 5 disappeared 233:10 disappointed 161:21 disaster 173:5; 241:15 discharge 37:12,18,22; 55:7; 115:14; 194:15 ; 195:1,22; 209:22; 233:17; 237:6,8 discharged 137:18; 238:17 discharges 10:18; 36:8; 55:10; 115:21; 129:15; 131:13 ; 132:9,15; 237:4 discharging 170:11; 190:12; 196:1; 200:3 disclose 190:20 disclosure 206:1; 243:5 discomfort 62:12; 90:4 discovered 164 : 9 discovers 40:8,9 discuss 115:13; 155:4 discusses 74:2 discussing 83:4; 124:13; 198:17 discussion 25:17; 47:8; 93:4; 142:14; 190:3; 192:22; 194:13 ; 204:17; 223:19; 232:5,12 discussions 133:3; 196:5; 198:11,23; 245:18 disfiguring 100:11 dismissed 213:11 disposable 109 : 7 disposal 109:6; 110:9 dispose 110:10,18 disposed 246:2 distinguish 29 : 3 distributed 100 : 4 distribution 96:14; 97:8 District 212:10 disturbed 89:7 ditches 131:11; 180:1; 236:19 divergent 8:3 division 7:5, 17; 11:10; 166:17 document 61:10; 62:3; 63:23; 64:4, 7,19,22; 75:12; 76:15; 78:8; 95:14, 17; 96:11; 97:11; 116:7; 124:20,23; 139:7,9; 140:2; 152:14 ; 155:3; 160:2; Page 12 165:17,20; 167:11,13,22; 171:6,8,17, 20; 172:1,7, 15,18; 17 3:19 ; 177:16,20 ; 178:2; 180:18 ; 185:14; 186:22; 189:4; 192:7, 11; 199:2,5; 200:21; 207:20; 214:7,8; 222:6,11; 225:14,15; 228:7; 233:15; 242:13 documented 228:12 documents 11:20; 15:13; 60:7; 62:16, 21,23; 75:10, 22; 77:12,15, 19,20; 116:1; 129:21; 152:10; 153:11,17; 154:11; 159:13 ; 165:9 ; 171:11,15; 188:16,20; 190:9; 191:6; 198:6; 202:1; 210:15; 221:11; 224:23; 232:19 dog 39:2,14; 40:17; 41:13; 43:11; 44:12; 45:7 dogs 38:23; 39:1,20; 40:7,10,12, 20,23; 41:3, 8,15; 42:2,5, 9; 47:1; 126:15; 127:9 doing 26:14; 28:20; 30:23; 37:2,9,19; 43:16; WATER PCB-SD0000040749 PIERLE.TXT 104 14; 118 14; 136 22 ; 162 190 196 197 199 218 226 241 6; 17; 7,21,22 3; 18; 17,20; 21; 20; 242 18 dollar 20:9 dollars 8:15, 19; 11:22; 12:2,10; 13:1; 16:16, 17,18; 17:15, 22; 18:1,22; 20:9,10,11; 21:18,23 dollars' 14:3 Don 6:2; 222:8 done 26:1; 28:1; 31:20; 51:12; 110:12; 126:19,20; 128:23; 129:10; 130:21; 138:2; 143:3; 146:5; 157:4; 163:10; 169:2 ; 176:20; 179:1; 183:23; 197:19 ; 198:13; 216:7; 229:19; 230:2,20; 231:11; 232:4; 233:6, 13; 246:14 dose 92:13; 94:18; 142:1, 19; 148:11; 219:9 doses 219:11 dosing 219:7 doubt 80:18; 201:1 doubtless 126:23 down 18:4; 66:6; 68:16; 75:3; 78:14; 89:22; 97:21; 101:6; 112:5; 118:13 ; 124:2,10,15; 131:2; 146:5, 8; 167:15; 170:12 ; 175:9 ; 201:19; 203:21; 2 09:17 ; 222:21; 223:8,14; 224:11; 230:23; 231:5; 232:7; 235:5; 237:6; 238:22 downstream 167:8 ; 188:22 ; 199:23 drained 131:11 draw 107:16; 132:20; 158:3; 226:5 drawing 157:12 dredge 197:16 drive 66:16 driving 146:8 dropping 234:15 due 90:14 duly 250:3,7 dumping 209:11; 226:12; 235:17 during 13:9; 18:3; 129:17; 185:21; 204:2; 205:12; 208:2; 213:16; 214:14; 233:11; 237:4 dust 59:8,20; 144:9,15,17; 145:22,23; 147:6,15,23 ; 148:4,14,17 ; 151:17 ; 154:4; 157:9, 10,15; 162:6, 19; 180:2; 238:1 dwell 14:20 dynamic 18:5; 144 : 2 dynamics 164:4 E each 35:1; 101:10; 225:19 earlier 77:9; 79:22; 87:8, 14; 89:6; 115:4; 125:19 ; 139:1; 152:10; 155:20; 182:12 ; 203:19 ; 219:5; 220:11 early 91:13; 115:16; 189:23; 190:6 earth 48:15; 102:20 ease 223:6 easy 134:15 eat 182:8; 184:23; 189:9 eaten 58:12 eating 59:8; 98: 18 ; 184:18; 235:2 eats 58:13,21 economic 15:20 economically 111: 5 Ed 223:3 effect 113:14; 127:16; 142:16,22; 212:4; 219:6; 246:7 effects 51:10; 87:13; 92:2; 97:17; 100:10; 103:17 ; 104:19 ; 127:17 ; 128:14 ; 142:13 effluent 204:5,20; 208:21; 209:1; 225:21; Page 13 240:21 effort 102:11; 108:23 ; 115:19; 154:15 egress 134:16 Eight 95:16 eighteen 173:12; 186:18; 226:18 eighty 202:12 either 27:17; 80:8; 84:19; 103:10; 163:23 ; 178:17; 235:3 elaborate 84 : 16 elected 45:12; 156 : 4 electric 88:22; 89:22 electrical 98 : 3 elevated 72:5; 89:11; 153:1; 184:18; 228:19,20 Eleven 123:3 Elmer 87:20; 88:1,2,17 else's 36:20 emission 201:3; 202:16 emissions 156:15; 159:9; 194:1; 195 : 9 ; 200:12; 202:5,10 emitted 24:20 Emmet 64:23; 65:2; 71:19; 73:11; 91:15 emphasize 90 : 14 emphasized 101:7; 194:3 employed 6:20; 250:14,15.5 employee 97:1; 102:14; 174:18; 175:4; 211:21; 213:7,11,19; 250:15 WATER PCB-SD0000040750 PIERLE.TXT employees 9:2, 3; 22:18; 90:3; 116:17; 139:22; 156:18; 194:2 employment 226:23 enclosure 73:22,23 end 17:6; 31:15; 62:8; 98:16; 101:4, 19; 103:3; 153:5; 191:18; 220:17 ending 11:21 energy 108:23 enforce 185:11 enforcement 193:14; 197:9 enforcing 182 : 9 Engineering 88:23 enormously 201:10; 202:21 enough 15:3; 22:12; 42:8; 63:8,19; 75:20; 77:10; 81:6; 158:21, 22; 176:12; 219:6 ensued 66:4 enter 22:20; 144:18 entered 125:5, 11 entire 22:16; 27:14; 40:9; 177:16 ; 224:18 entities 15:12 enumerated 240:14 environment 6:21; 7:7; 22:14,17; 23:9; 26:3; 37:1; 53:1; 55:23; 56:8, 21; 57:2; 60:17; 91:6; 94:5; 125:6, 11; 137:19; 138:18,22; 224 : 4 environmental 9:23; 10:1, 14; 11:7; 16:15,20; 17:9; 18:12, 23; 19:8; 20:5,19,21; 21:7,19; 24:7; 33:19; 43:8; 50:23; 53:7; 87:11; 105:21; 107:4,5; 124:4,18; 125:14,19,22 ; 126:5; 128:14 ; 166:14 ; 181:9; 212:23; 226:11; 227:2,5,11; 228 : 17 ; 235:23; 240:9,12; 241:14 envisioned 171: 9 EPA 52:1; 146:3; 147: 13 ; 192:9; 193:2, 13,19; 194:15; 230:8 equal 80:20 equally 78:5; 79:13,18 equipment 84:11; 103:8; 104:12 ; 160:16 equipped 144:3 equity 12:10, 13,19,23; 14 : 4 equivocation 159:14 errata 248:11.5,13; 251:1 eruptions 64:11; 66:2 escape 24:5,6; 29:19; 30:7; 31:11; 38:15 escaped 30:16; 40:10; 45:15 escapes 25:7 escaping 232:2; 243:12; 244:2 especially 40:4; 98:2; 151:13; 188:14 Esq 248:5,22.5 estimate 22:9 estimates 16:14; 21:19 et 1:4,7; 2:4, 7; 5:8,9 Etc 95:19 ethic 32:15 ethical 31:8, 15; 32:6,7; 33:2,14; 34:4,9,14,20 ethically 35:4 ethics 32:11; 34 : 17 Europe 74:1; 78 : 9 even 54:7; 56:18; 64:13; 92:3; 113:5; 187:15; 202:15 ; 203:3; 218:6 event 69:16 everybody 48:20; 137:20; 177:4 everyday 71:7 everything 184:3; 242:12 evidence 4:16; 63:1; 64:12; 68:22; 70:3; 72:21; 93:7; 105:12; 106:15; 107:19 ; 108:3,8; 128:13; 164:6 ; 210:17; 211:4 evil 237:10,11 evolved 8:2 exact 17:16; 93:13; 158:18 exactly 14:7; 37:13; 164:17 ; 182:23; 196:2 examination Page 14 3:13.5,15, 15.5; 5:23; 250:9.5 examined 2:14; 5:18; 250:9 example 41:11; 52:11; 60:2; 102:5; 144:15; 188:15 exceed 109:11 excellent 86:2 except 4:12; 101:15 excess 195:14 excited 113:19 excuse 11:17; 22:23; 24:5; 47:1; 127:2; 175:11; 225:10 executive 9:9, 18; 25:20 exercise 162:3 exercised 94 : 15 exhaled 145:2 exhaling 238:7 exhibit 61:8, 9; 62:18; 64:6,20; 71:11,12; 72:14; 73:6; 82:10; 87:17; 95:4,15; 105:15; 116:3; 123:3; 139:7; 141:13; 146:19; 152:15,16; 154:17,19; 158:13 ; 159:22,23; 165:16; 173:11; 180:18; 186:15,18; 187:1; 191:9, 21,23; 199:3, 12; 200:9,21; 204:8; 206:17; 207:21; 212:8; 214:7; 215:21; 219:18; 220:6; 222:4; WATER PCB-SD0000040751 PIERLE.TXT 225:5; 226:20 exhibits 3:17, 18.5; 222:3 exist 107:15; 110:20; 153:13 existed 168:21; 177:8; 232:11 existing 133:22 expand 37:15; 38 : 8 expect 71:5; 144:21; 176:19; 224:22 expected 101:2; 155:11 expecting 219:9 expedite 77:1 expelled 59:22 expenditure 22 : 6 expense 188:8; 231:6 expenses 44:9; 229:22,23 experience 55:13; 112:1; 135:11 experiences 66 :10 experiment 68: 1 experimental 126:11 experiments 120:3 expert 57:12, 14; 60:4; 93:2,23; 149:21 experts 51:13; 94:8; 114:13; 144 : 3 expires 250 : 19.5 expires:- ______ 249:16 explain 7:13; 57 : 10 explicit 33:23 explore 44:23 explosion 69 : 19 expose 94:23 exposed 51:17; 68:3; 69:21; 98:4; 131:18; 143:18 ; 147 : 21 exposure 68:9; 90:13; 97:18; 103:16; 119:18 ; 120:11 ; 148:14,19,23; 149:5; 224:7 exposures 51:17; 53:13; 90:15; 103:13 expression 34 : 2 extended 245:16 extent 32:12; 42:15; 56:10; 135:8 extreme 202:14 eye 237:15 F face 98:18 faces 237:17 facilities 30 : 13 facility 69:12 facing 116:21; 117 : 9 fact 15:15; 25:12,17; 34:11; 41:2; 42:21; 44:14; 51:2; 56:20; 60:14; 61:7; 84:9; 87:7; 99:20; 102:12 ; 104:18 ; 115:15 ; 12 9:19 ; 132:12 ; 138:1; 141:22; 142:3; 14 3:15,16 ; 144:22; 14 5:14 ; 164:22; 168:10 ; 169:22; 173:1; 17 5:18 ; 203:10; 206:12; 209:23; 211:1; 217:20; 221:9; 231:5; 232:16; 233:19; 238:16,21; 240:20; 243:11 factor 31:19; 46:17; 56:23; 57 : 4 factors 16:10; 240:13 facts 17:3; 39:16,23; 43:1; 115:10; 145:19; 154:16; 187:21; 188:2; 190:7; 214:5; 238:10 failed 132:18 failure 67:18 fair 56:13; 60:20; 63:19; 72:23; 75:20; 77:10; 129 : 17; 132:12; 133:17; 141:19,21; 228:10; 245:17 fairly 53:4; 82:22; 84:16; 166:19; 169:10 fairness 177:12 fall 163:19,23 falling 163:9 false 61:6 falsified 213:15,23 falsify 210:15 falsifying 211:4 familiar 11:4; 84:4,5; 93:13; 96:13; 115:2 2; 116:20; 117:8; 130:21; Page 15 133:18; 211:20 far 49:4,7; 64:14 ; 121:22; 135:14; 154:8; 187:2; 216:21 Farrar 139:16, 21 fashion 18:13; 33:10; 94:13 fat 58:5,6,11; 59:18; 143:23 fatigue 66:11 favorable 2 02:9 FAX 1:21 FDA 167:6; 170:17; 182:13,14,16 ; 184:16; 185:14; 189:11,20; 199:22; 232:22 f ear 15 0:20; 151:3 feasible 111: 3,5,14,19 February 222:6; 226:22 Federal 24:22; 52:4; 161:14; 196:13,14; 212:9; 213:13 feed 118:20 feeding 119:22 ; 126:14; 216:8; 218:17,20 feel 33:9; 35:2; 44:5; 63:21; 156:21,23; 157:1; 176:12 ; 235:22; 248:16.5 feeling 155:7, 17,19; 156:1, 5,17; 157:5 feelings 162:1 felt 13:20; 72:1; 155:23; 185:18 fence 38:22; WATER PCB-SD0000040752 PIERLE.TXT 45:7; 163:15 few 39:23; 129:13; 154:5; 191:5 fibers 9:15 field 85:14; 86 : 3 Fifteen 158:14 fifty 170:12 figures 201:11; 202 : 16,22 files 87:18; 171:15 filing 4:20 filled 136:9 filtered 59:21; 144:17 filters 145:5 final 215:6 finally 149:11; 189:12 financial 3:7; 15:12; 121:5, 8; 2 4 8:6 financially 250:16 financing 20:18 find 24:13; 40:23; 118:14; 119:6,10,20; 120:1; 127:16; 154:16; 156:20; 168:9; 170:21; 171:3,5,22; 172:6,12 ; 199:14 ; 218:9,21,23; 219:8; 231:21; 232:2; 233:3 finding 228 : 19,20 findings 167:6; 170:17; 182:14; 199 : 22 finds 230:5,8 fine 5:21; 178 : 2 firm 3:3.5, 6.5,8 first 20:12, 15; 27:3; 47:3; 55:19; 61:3; 69:8; 72:17; 74:20; 80:14; 83:23; 85:8; 89:4, 18; 97:15; 102:5; 111:15; 116:2; 119:3, 4; 123:21; 130:10,12,18; 14 6:12 ; 153:20; 154:3 ; 166:11; 179:6; 181:14; 193:17; 194:8,11; 202 : 7 ; 208: 17,22 ; 225:22; 250:7 fish 56:12; 58:11,12,13, 16,21; 108:20; 167:7 ; 170:18; 182:7; 183:1; 184:7,18,20, 23; 189:9; 190:13; 199:7,20 ; 232:13,21; 233:7,10,16; 234:16,21; 235:15; 238:22; 240:22; 246:6,11 Fisheries 108:10 fisherman 58:20 fishing 181:23; 184:10; 236:5 five 2:15; 8:18; 82:10; 108:13 ; 130:13; 134:8; 176:4; 240:15 fixing 191:13 flakes 54:8 flat 52:18 floor 90:2 Florida 108:11 flow 202:5 flows 208:21 fluid 85:14 focus 22:17 focused 226:3 folks 131:23; 229:8 follow 162:5; 187 : 7 followed 162:18 following 67:3; 68:9; 69:17; 101:17; 167:5 follows 176:3 font 135:22 food 8:1; 79:15,19; 106:17 foolish 63:8 forced 181:21; 187 : 7 forces 230:9 Ford 2:16.5; 4:5; . 248 : 2 0.5 ; 250 : 2 .5,22 forenoon 2 : 15 form 4 : 12 ; 16 : 5; 19 : 10; 23 : 13 ; 2 6 : 15; 28 : 22 ; 30 : 2 0 ; 33 : 5; 36 : 21; 38 : i; 46 : 14; 50 : 3, 19; 52 : 3, 7; 54 : 15 ; 69 : 4 ; 70 : 7; 73 : 1; 75 : 18 ; 128:3; 189 : 16; 199 : 9 ; 234:5; 235 :18; 241:1 formed 34:18 formerly 9:8, 14 forms 54:15 formulation 84 : 5 forth 44:10; 66:12; 102:1; 109:12,13 ; 120:3; 133:16; 142:2; 164:13 Page 16 forty 80:1 forty-eight 67 : 8 forty-six 16:15,17 ; 17:23; 21:18, 20,22 forward 118:3; 119: 13 ; 12 6:10 ; 191:7; 225:4; 226:18 found 112:9; 136:18; 137:2,13; 145:23; 157:7,9,14, 20; 158:1; 162: 13 ; 173:2; 235:15 foundation 16:6; 50:10; 70:9; 189:18; 234:6,8,10; 241:2 four 73:6; 134:17 ; 135:16; 146:2; 178:5, 16; 181:11; 193:2,3,12 Fourteen 154:18 fourth 97:10; 101: 6 frame 131:22; 231:10 frank 90:10 Franklin 3:7; 248:5.5 free 101:23; 178:14,19; 248:16.5 friend 164:23; 204:3; 205:6 front 115:11; 116:4; 147:2; 237:17 full 157:23; 179:6; 194:11; 243:17; 244:23; 245:22 fully 11:4; 27:14; 29:16; 36:15; 194:4 fumes 72:5,23; WATER PCB-SD0000040753 PIERLE.TXT 98:4; 152:23 fund 20:13,16 furnished 89 : 12 further 41:21; 110: 13 ; 164:3 ; 198:22 ; 199:1,16; 247:5; 250:13,14.5 future 15:21; 16:19 ; 196:11; 197:4,5; 228:3; 241:5, 6,17,22; 242:20 FYI 167:3; 171:2; 172:8 G G-R-E-E-N-W-I-C-H 6:13 gaining 190:1 Garrett 181:4, 6 gate 231:7 gave 14:23; 45:6; 139:13, 14; 201:23 gee 237:16 general 20:2; 46:7; 48:17; 51:1; 53:5; 57:15; 88:10, 11,13,17; 103:9 ; 132:13 ; 146:6; 164:14 ; 166:13 ; 167:1; 177:21; 206:20; 210:14 generally 40:2; 138:11; 177:7; 219:3 generate 191:1 gentlemen 139:16 geology 244:18 George 215:23; 220:13 Georgia 192:9 Gerard 3:10.5 German 65:18 Germany 65:9, 22 gets 58:12; 60:1; 143:10; 149:23 getting 38:3; 59:16; 174:17 gifts 185:23 gist 200:15 give 10:16,23; 15:1; 27:13; 30:10; 52:18; 56:6; 75:16; 85:11; 86:23; 100:5; 101:22; 114:13 ; 147:4 ; 167:16; 176:6,22; 185:23; 186:19 ; 191:18 ; 204:10; 206:13; 225:13; 239:13,17,18 given 14:2; 42:21; 73:17; 92:12; 103:2; 151:14; 165:15 ; 168:2 0; 170:1; 219:21; 221:8; 250:11.5 gives 78:15; 208:18; 221:6 giving 200:11; 201:3; 205:18; 206:3; 223:15; 240:9 glad 248:17 global 140:22, 23 God 49:7 got 39:7; 43:3; 54:10; 74:13; 75:21; 76:2; 91:8; 97:3; 116:3; 117:18 ; 145:16,17 ; 156:5 ; 176:10; 179:22; 180:1; 192:14 ; 201:23; 225:19; 234:1,9 ; 241:23; 242:2 gotten 88:20; 124:15 government 19:4; 24:22; 27:17; 32:2; 52:5,15; 115:1; 164:21,23 ; 169 : 4 ; 188:12 ; 196:13 ; 230:4,5,7 governmental 132:2 Grand 212:9 grandchildren 113:17 graph 208:18, 19,21; 209:1 great 26:2; 141:7 Greek 114:17, 20 Green 6:13 Greensboro 3:9 Greenwich 6:12 gross 201:10; 202 : 20 grossly 46:12 grounds 4:14 group 44:5; 78:2; 94:12 guarantee 54 : 17 guess 24:17; 30:5; 32:20; 35:15; 39:4; 59:3,15 ; 65:13; 80:22; 117:2; 118:13 ; 119:11; 124:9; 126:19; 132:6; 134:5; 150:12 ; 170:15; 175:3; 190:4; 207:13; 238:22 guide 36:2 Page 17 guided 33:15 guidelines 33:20 Gulfbreeze 108:10 Gustaf 223:3 Gustaf's 223:6 guy 44:19; 120:22; 188:1 H H-A-R-E-D-O-S 88:21 hand 61:8; 62:17; 73:5, 7; 95:14; 146:19,20; 158:13; 204:7,11; 206:17; 207:20; 212:7; 214:6; 222:5; 226:1, 20; 250:18 handle 33:3; 47:15; 167:19 ; 168:7,17 ; 169:5; 172:3; 176:14; 186:16 handled 20:4; 169:12; 179:12 handling 33:1; 51:4; 61:19; 103:10,18; 223:23 hands 98:18 happen 38:19; 56:3; 107:20; 133:3; 142:9; 151:8 happened 7:16; 15:6; 36:10; 69:12,16; 132:9; 182:23; 183:1; 191:4, 22; 192:3; 214:3 happening 238:14 happens 59:4; 184 : 2 happy 201:15 hard 43:7,10; WATER PCB-SD0000040754 PIERLE.TXT 229 : 7 Haredos 88:21; 89:6,23 Haredos' 89:20 harm 24:7 harmful 25:2, 7 ; 26:13; 36:13; 79:13, 18; 81:10; 91:23; 97:16; 214:23; 215:17 hat 101:12 hate 203:3 hated 208:11 hazard 51:15; 61:5; 94:19; 238:16 hazardous 26:23; 27:10, 18; 28:14; 29:5,20; 30:15; 31:7; 33:1; 34:8; 36:13,19,23; 37:18; 47:4, 9,15; 50:18; 51:2,6,9,21; 52:4,5,13,22; 54:2; 77:14; 90:23; 92:16; 127:19 hazards 89:10; 97:11; 127:1; 223:22; 224:19 HCL 160:12,15 head 65:3; 212:18 heading 61:18; 88 : 14 health 6:22; 7:7; 22:14, 15,18; 23:9, 10,20,21; 24:14; 26:4; 27:4; 33:19; 37:1; 51:4, 10,15; 53:1, 12,14; 61:6; 62:12; 69:1; 70:5; 71:20; 87:13; 91:6; 92:2; 94:5, 20; 95:1,2; 100:16; 102:19 ; 103:4,5 ; 104 18; 105 3; 107: i, 20 ; 108:18 ; 141 19; 142 13,22; 144 3; 145 21; 146 22 ; 148 1; 150: 5; 164 8; 185: 4, 5,9 188 : 8 212 2 2 ; 221 18,23; 224 13; 235 11,23; 237 1; 242: 9; 247 1 hear 9 0:9; 237 10,11 heard 48:22, 23; 49:2,6; 123 9; 136: 8; 138 6; 146 16; 211 5,6 hears 188:11 heavy 163:18 held 6:23; 72:11; 83:8 r 17; 90:20; 95:11; 105: 7; 150 14; 160 22 ; 200 18; 204 20; 210 11 Helms 3:8.5 help 37:14; 206 7,9; 248 17.5 helped 36:1 hereby 250:4 hereto 250:16 hereunto 250 17.5 hide 178:8 ; 184 6; 185: 9 hiding 182:6 f 187 2 3 ; 190 11 high 103:10; 109 7; 136 17; 137 8; 153 13; 166 19; 167 s; 170 17; 172:1; 199:6, 19.22 ; 207:13; 219:5; 232:20 higher 14:15; 141:16; 149:13; 150:10,13; 203:11 highlighted 63:3; 75:1; 79:12; 80:17; 194 : 7 highly 98:4 HILL 1:3.5; 2:3.5; 5:7; 133:6; 136:4; 144:7; 145:23; 146:1,12; 151:18; 243:18; 245:1; 251:3 himself 45:8, 17,18; 49:8; 88:12; 121:3 historical 21:2; 28:1; 48:2 historically 31:20; 49:15 history 20:22; 27:15; 29:17; 41:7 hits 181:19; 187 : 6 HOC' 139:12 Hodges 139:21; 166:8,9; 167:10,22; 175:8; 186:6; 200:7; 201:7 home 40:17; 99:13; 171:1 homes 133:19, 21; 134:14; 135:2; 162:7 hope 77:17 hoped 202:6 horrible 66:1 horror 40:8 Hosmer 96:17, 20.22 hospital 44:10 hot 90:1; 98:4 Hotel 2:16; 250:4.5 hours 2:14.5; Page 18 67 : 8 house 42:7; 44:20; 45:19 houses 130:14; 131:1; 236:7, 9,10,13 however 16:3; 178:12 ; 222:19 human 41:12, 17; 51:4,9, 11,15,21; 53:12; 58:20; 61:6; 87:5, 13; 92:2,10; 93:9,16,18; 94:20; 95:1; 107 : 1,7,21; 108:18,21; 114:23; 125:20; 143:2 humans 51:17; 53:15; 77:14; 91:17; 112:22; 113:1,6; 127:9 hundred 11:8; 17:21; 203:20 hundreds 228:21 Hunter 9:13 hurt 38:16; 39:1; 42:9; 86 : 13 hurts 107:6 hydraulic 85:14 hygiene 104:1; 119:18 I i.e. 66:10 IBT 120:5,7,8; 124:14,23; 126:10,20,21; 129:6,12; 211:7,10,12; 212:18; 213:5,6,7,21 idea 172:7 identical 158:18 identified 10:5; 143:1 identify 129:9 ill 62:12; WATER PCB-SD0000040755 PIERLE.TXT 73:15; 107:19 Illinois 98:22; 99:4; 212:10 illustrates 102:12 imagine 203:6 immediate 45:14; 128 :16; 162:8; 203:23 immediately 130:2; 171:19 impacting 23:20 implication 106:22 implications 107 : 1 imply 143:5 implying 99:6; 104:17 importance 62 : 5 important 25:20; 2 6:5; 57:5; 107:10; 125:13 ; 126:5; 131:17; 185:18 ; 246:21 impression 194:23 improper 168:20 improved 198 : 8,9 improvement 165:13; 167:18 ; 168:6; 173:3; 174:14 ; 178:18,21; 179:8; 181:20; 186:14; 202:7 in-door 148:13 Inc. 7:11; 16:13 incident 67:4; 68:19,21; 69:18; 70:12, 23; 71:5 Incidentally 99 : 2 incinerated 110:2 incineration 109:8 ; 110:20 ; 111:22; 112:4 incinerator 112 : 2 incinerators 110:15 inclined 43:20 include 19:3, 17; 27:19; 31:23; 32:16; 114:16 included 52:14; 121:14 includes 16:13 including 70:6; 193:13; 236:10; 243:8; 245:5 inclusive 19 : 16 income 12:1,4; 16:13; 21:9, 16,22 income/expense 20:15 incomplete 114:14 incorporated 248 : 9 incorrect 77 : 17 increase 143:22; 144 : 21 increased 202:10 increasing 203:22 incredulous 183:18 indeed 81:2 indemnity 11:1 independent 123:12; 145:22; 185:15; 214:22; 215:16; 216:16 INDEX 3:13.5, 17 indicate 19:13; 92:9; 126:23; 140:15; 154:11; 162:15 ; 201:12; 202:22,23; 206:23; 207:4; 228:23; 229:1; 231:17; 236:4; 242:7 indicated 108:12; 232:7,19 indicates 82:22; 141:4; 172:1; 201:16; 203:11; 218:7; 228:16; 234:14 indicating 12:6; 45:2; 160 : 4 indication 233:14 indicted 213:4,5 indictment 212:9; 213:2, 9 indifferent 182:18 indirectly 185:20 individual 34:6; 38:7; 42:17; 43:15; 44:4; 129:5; 151:6; 165:5; 170:23 individuals 35:1,2; 139 : 20 indoor 148:17 induce 127:12 industrial 47:13; 84:11; 119:18; 120:6; 123:7; 126:12; 128:23; 211:7; 213:21; 216:16 industry 132:4 inefficiency 62:13 inert 47:14 Page 19 infection 66:3; 68:2 infections 62 : 12 influence 215:15 inform 163:1 information 16:11; 48:9; 50:2; 61:3; 70:3; 80:6,7; 85:12; 86:23; 108:5 ; 112:17 ; 117:23; 122:23; 131:23; 132:13 ; 151:14; 167:20; 168:8; 169:6; 171:3,13; 172:5; 175:13; 176:22; 177:2; 180:5; 182:15; 183:22; 184 : 22 ; 185:10,17; 186:17; 187:3,5,15, 19; 189:20, 21; 190:1,11, 21,23; 191:1; 202:17 ; 206:14; 221:7; 223:15; 224:4; 228:12; 230:14; 231:2,17; 239:9; 243:3 infrequent 20:23 ingest 148:3; 153:3,7 ingested 59:17 ingesting 153:19 ingestion 127:3 inhalation 72:4,22; 79:15,20; 152:23 initial 67:4 WATER PCB-SD0000040756 PIERLE.TXT initially 221:7 inj ection 127 : 2 injured 39:7; 42:11; 44:8; 65 : 10 injures 25:8 injuries 39:15 injury 36:14 inquiry 236:2 insert 78:18 inside 7:20; 17:4; 35:22; 68:5; 136:1; 173 : 2 inspired 100:9 instances 30:13 instead 41:23; 42:2; 202:9 intend 76:5 intended 26:19; 31:22; 47:10; 48:4 intends 168:17 intent 26:17; 192 : 20 intentional 210:19,20; 211:1 intentionally 190:10; 215:14,19 interaction 227:16; 242:16 interactions 132 : 3 interest 223:14 interested 8:5; 10:13; 23:6; 30:15; 85:18; 250:16 interesting 201:22 interim 196:3, 5 interject 244 : 8 internal 85:1 internally 33:22 Internet 11:11,14; 16: 11 interpose 13:3 interpretation 121:10; 221:6 interrupt 27 : 22 introduced 62:23 investigation 137:3; 211:19 invite 81:20 involved 11:6; 84:23; 91:9; 125:14; 126:6; 158:5; 181: 8 Involvement 140:7 involves 89:20 isn't 121:12; 135:5; 145:2; 155:18 ; 157:11; 158:2 ; 167:23; 178:7; 184:11; 219:3; 231:21; 243:20; 244:3; 246:16 isomers 91:22 issue 21:6; 23:23; 75:17, 19; 92:14,18; 95:2; 99:1; 158:6; 164:14 ; 181:18 ; 191:2; 215:11; 233:8; 239:5, 18; 246:19 issued 32:2; 189:1,14 ; 233 : 4 issues 21:7; 22:21; 206:7; 243:6 it'll 63:10 item 140:7; 176 : 6 itself 12:18, 22; 14:3; 47:13; 70:19; 82:22; 84:23; 92:11; 134:7; 136:2; 164:1; 213:5; 244:22 J Jack 181:4,6,7 January 225:15 Jessee 174:3 jet 160:12,15; 161:8 Jim 190:14; 227:17 job 23:8; 28:21; 29:18; 30:6; 235:12 Joe 165:2; 167:17 ; 169:7,16,22; 170:5; 173:11; 176:11; 177:9; 185:8, 17,22; 188:5, 6; 193:20; 194 : 3 ; 209:22; 227:19; 230:7; 239:13,16 John 3:3.5; 9:12; 75:6; 139:19; 193:14,19; 248:22.5 jointly 140:12 ; 176:23 joints 66:12 Joseph 193:8 ; 227:21 Jr. 181:17 judge 76:12; 77:4; 185:3 judgment 113:21; 114:2; 168:15 ; 183:4,5; 215:7 judgments 190 : 8 July 97:9; 105:18 ; 106:7,11; 214:8; 215:23 June 1:13; 2:14.5; 4:7; 5:2; 68:17; 106:9 ; 109:22 ; Page 20 243:11; 248:2.5; 250:18 jury 7:13; 12:15; 27:9; 42:19; 47:5; 49:10; 51:8; 57:10; 70:2; 90:6,8; 104:16,20; 114 : 3 ; 145:11,14; 151:20; 166:9; 172:19 ; 202:2; 209:9; 211:10; 212:9; 222:8 juvenile 108:12 K keep 42:5; 76:19; 177:10,14 ; 179:21; 180:3; 184:17 ; 185:10; 187:2; 202:3 keeping 103:22 Kelly 3:8; 64:23; 65:2, 3,7; 71:19; 73:11; 91:15 kennel 39:19, 23; 41:21; 47:2 kept 45:19; 194:3; 233:1 kid 39:12 kidney 87:5; 90: 12 kill 87:5 killed 90:11 killing 117:13 kind 43:13; 75:16; 102:12 ; 168 : 23 kindergarten 35:6 kinds 71:5; 171:7 Kingdom 140:13 knowing 177:10 knowledge WATER PCB-SD0000040757 PIERLE.TXT 49:3,9; 105:1; 109:22; 153:22; 156:13; 172:23; 179:21; 186:1,2,4; 240:18; 250:8 known 17:3; 48:7; 60:15, 21,23; 61:1, 4; 64:9; 91:21; 104:18; 105:14; 132:13; 228:6; 237:3 knows 39:21; 40:16,19; 74:19; 76:15; 184 : 3 KRIEGSHAUSER 1:19; 3:10.5; 248:21.5 Krummrich 95:21; 96:2; 98:13,21; 99:4; 102:17; 158:10,14 ; 159:3,11; 166:12 Kuhn 116:13,14 L 1953 64:14 lab 120:2,5; 129 : 1 label 54:4; 84:12,16; 86:10 labeled 172:7; 173:14 labeling 83:4; 84:1; 86:1,7, 17 laboratories 106:15; 123:8; 213:22; 216:4,7,17; 219:13 laboratory 71:22; 92:7, 22; 93:1; 108:10; 112:22; 113:3; 123:13,17,20; 211:13; 215:16 lack 16:6; 50:9; 70:8; 201:12; 202:23; 203:11; 234:6 lacks 41:22; 189:17 laden 189:10 laid 44:15 Laird 77:4 lakes 246:10 landfill 244:7 Landwehr 174:11,15; 181:1 Lane 6:13 language 114:20 large 34:18, 21; 50:14; 13 5:12 ; 244:14; 245:5 largely 207:15 larger 58:16 last 55:5; 62:1; 66:6; 79:11; 80:13 14; 8 5:7; 130 13,22; 133 5,8,10; 159 13; 179 5; 181 14; 195 12; 197 14; 220 14; 227 14; 240 15 later 63:7,10 166 13; 180 20; 191 8; 200 14; 201 5; 209 16; 233: latest 202:5 law 3:3.5,4, 6.5, 8; 46:8; 182 9; 185 11; 187: lawful 5:18 lawsuit 44:7 lawsuits 210:17 lawyer 63:15 lawyers 203:7 laymen's 7:15 leading 4:13 learn 136:15; 161:21 learned 74:19 learning 180:4 least 21:23; 23:2; 61:4; 64:9,12; 114:15 ; 115:16 ; 121:22; 124:3,16,17 ; 125:21; 135:10; 137:21; 154:21; 174:23; 195:23; 228:6,11 leave 46:22; 53 : 16,23 ; 238:10 left 31:1; 67:7; 232:11 legal 31:16; 32:17; 50:21; 86:2; 200:14; 201:6; 202:13,18; 203:6; 206:11; 213:9 legal-politic al 116:21; 117 : 9 legally 32:9 less 18:21; 214:23; 215:17 lesson 35:9 letter 73:7, 22,23; 74:1, 5,17; 79:12; 81:13,15; 82:5,10,22; 83:6,21; 84:11,21,23; 85:7; 87:17, 19; 88:15,16; 89:7,8; 105:17; 106:2,6,7,11; 110:5; 146:20; 150:17,20; 151:12,19 ; i--I i--1 00 Page 21 161:3; 166:23; 171:1; 175:23; 176:2; 179:14 ; 181:14 ; 182:12,15; 200:15,17; 202:2; 207:5; 208:13; 210:5; 215:22; 216:3; 220:7; 224:9; 229:5 letters 225:18 1eve1 25:4; 38:6; 59:12; 92:20; 107:11; 119:21; 120:1; 127:6, 14; 128:7; 138:2,8,12; 141:16; 142:16,21; 143:2,9,12, 13,21; 145:8; 146:3; 147:14,16; 148:23; 151:6; 182:1; 188 : 4 ; 194:13; 195:9,15; 196:4; 204:20; 233:17 levels 25:1; 55 : 2; 56:15, 113:15; 122 :9 ; 127:4 16,20; 128 -i; 131 : 16; 136 :18,20,23 137 : 12,15 ; 138 3,5,6; 141 : 15; 142 : 1,4,5,6 ; 143 : 5,6 ; 145 : 5,2 2 ; 146 :1; 149:5 13; 150:10, 13; 167:7 ; 170 : 17; 182 : 6; 184 : 18 ; WATER PCB-SD0000040758 PIERLE.TXT 185:1; 189 : 10; 196:6; 199:6, 20,22; 203:11; 204:5; 207:10; 219:6; 228:20; 232:21; 233:15; 237:5; 238:21 Levinskas 215:23 Lexington 3 :4 liabilities 9:22; 10:1,6, 17; 11:7,10; 15:8; 16:20; 17:10; 19:1; 20:20; 21:20 liability 11:2; 15:1; 16:15; 2 0:2; 21:1 liberated 72:5; 152:23 libido 66:11, 15 life 7:22; 10:8; 120:19 lighter 163:21 Lightfoot 3:6.5; 248 : 5.5 likelihood 226:2 likely 113:13; 141:18; 142:12; 143:11; 144:10; 149:20; 152:7; 156:14 likewise 92:9 limit 138:14; 195: 1 limited 138:9; 192 : 22 limiting 194:13 limits 55:8; 189:10 line 9:4; 69:2; 107:17; 109:1; 126:1; 186:5; 206:22; 207:4; 221:21; 236:2; 244:22 ; 251:4.5,5.5, 8.5,11.5, 14.5,17.5 lipophilic 58 : 4 liquid 110:19; 112:10 liquids 112:12 list 96:14; 97:8; 139:13; 251: 4 listen 91:7; 224 : 2 lists 147:14; 176 : 4 literature 89:12; 91:4; 97:16; 117:4, 11 litigation 6:4; 10:18; 19:6,18,19, 22; 20:3,11, 20; 21:7 little 14:13; 37:15; 39:12; 40:3,12; 45:12; 58:11, 12,13; 131:10; 179:23; 237:9 live 6:11,12; 23:4; 129:23; 142:10 ; 228:21; 236:12 lived 129:23; 236:10 liver 66:19; 67:16,18,19 ; 68:14; 72:4, 22; 78:15; 87:5; 90:12; 127:5; 152:22 living 26:8,9, 11,14; 56:11, 19; 58:1,7; 60:19; 91:20; 107:6; 131:6, 8; 141:17; 218:19; 236:18 local 227:23 locations 102:14; 147:5 locker 101:16; 103 : 1 Logan 181:22 logical 15:7; 151:23; 152:3,5; 197 : 7 long 91:8; 187:11; 203:14; 231:4 long-term 103 17 f 126 14 longer 92 : 1 149 12 / 150 10 look 11 : 12; 2 4:9; 38 : 4 49:21; 61: 17; 62:1; 63 : 1 2 2 ; 64 : 5 1 6 / 6 6:6; 74 : 16 / 79:11; 82 : 9 / 83:6,20; 84:21; 85 : 7 / 9 5:3; 97 : 10 / 98:11; 101 : 6; 104 105 106 108 116 128 139 145 147 20 / 15 / 12 / 8; 109 : 5; i; 123 : 3; 10 / 8; 140 ; <5 ; 18 f 19 ,20; 154 17 t 155 2, 5; 156 9, 15; 159 4, 21; 165 167 170 ii; 181 191 16 t 15 t 9; 173 : 9, 179:5; 13 f 8, 21; 192 1, 12; 194 11 f 195 12 r 199 18 / 202 1; 205 : i; 207 2; 214 10 , 13; 215 21 f 219 18 / 220 s; 222 : 3 , 4 ; 2 2 4 : 20 Page 22 looked 11:11, 13; 134:8,15; 152:10; 153:17 ; 171:14; 199:2; 225:1; 232:19 looking 15:5; 61:11; 71:12; 95:6,7,8; 105:16; 148:11; 150:18 ; 199:16; 219:10; 222:7,21; 224:15 looks 40:11; 65:13; 73:14; 74:5,7; 85:1; 86:3; 95:7, 19; 97:6; 126:18; 134:7 ; 159:22; 174:20; 187:19 loose 41:3; 42:2; 45:8 lose 143:23; 144 : 1 loses 122:11 losing 161:22 loss 62:13; 66:11,15; 156 : 16; 207:11 losses 154:13, 22; 155:4,6, 7,12; 156:10; 159:1; 160:11 ; 162:4; 201:8, 10,16; 202:20; 203:13; 208:2; 230:21; 232:7 lost 160:20; 161:7 lot 48:18; 49:16; 58:13; 81:13; 91:10; 108:23; 115:19; 132:1,22; 140:19; 163:21; WATER PCB-SD0000040759 PIERLE.TXT 164 12; 187 14; 212 3; 218 12; 222 14; 224 23; 230 19; 234 1,12; 239 8,11,15; 244 16; 246 17 lots 143:4 LOUIS 1:20.5; 2:16.5; 6:15; 73:10,11; 88:9,17; 96:23; 101:8; 102:17 ; 104:15; 117:18,21; 135:17 ; 167:1; 206:21; 213:1; 250:5 love 58:5 low 113:15; 136:22; 137:4,14 ; 155:22 ; 202:16 lower 14:13, 16; 138:14 lunch 124:11, 13 lung 145:1,10 M M-O-N-T-A-R-S 71:15 made 4:11; 9:1; 10:22; 28:3; 29:2,4, 10,11,13; 48:5,17; 49:15,16,23; 50:3,5,13; 84:2,15,19; 140:19 ; 151:23; 163:7 ; 168:15 ; 175:21,22; 180:13; 245:4,19 mailed 78:9,11 main 242:22 maintain 8:9; 86:2; 227:15; 242:15 major 229:15, 21; 231:6 majority 50:6 malicious 46:13 ; 214:19 ; 215:13 malignant 217:9,12; 218:5 man 42:6,11, 20; 59:14; 87:20; 94:4; 107:15 ; 166:19; 168:4; 173:2; 212:11; 223:3 man's 38:22; 165 : 1 man-made 48:19; 49:4 managed 53:10 management 166:20; 170:23; 174:21 manager 105: 21; 166:7,14,22; 174:7; 212:21; 227:12 manifestations 66 : 8 manner 31:21; 110:10 manufacture 25:6; 26:12, 22; 98:12 manufactured 26:1; 28:6, 15; 34:8; 49:10,11; 74:3; 79:3,4; 81:11; 139:2, 4; 151:20; 158:16 manufacturer 141:6 manufacturers 26:21 manufacturing 31:6; 70:20; 122:10 many 16:3; 17:14; 25:23; 40:3; 48:5; 60:16; 97:16; 106:15; 107:13 ; 127:22; 135:2; 137:18; 153:3 ; 209:12; 245:9 March 14:5; 123:21; 12 4:14 ; 128:21; 146:20; 212:19; 250:19.5 marine 106:17; 108 : 6 marital 236:15 marked 207:21; 214:7 marker 217:5, 22 market 15:10, 17,18; 16:1, 2,8; 109:10 marketplace 8:11; 86:6, 12,19,20 MARS 1:3.5; 2:3.5; 5:7; 133:6; 136:4; 144:7; 145:23; 146:1,12; 151:18; 243:18 ; 245:1; 251:3 Martin 181:22 mass 126:2 Massachusetts 106 : 9 material 13:9; 47:13; 83:5; 84:17; 109:23 ; 110:1,8; 111:22; 112:13 ; 113:13,16; 12 0:18 ; 127:19 ; 145:6; 155:11,22; 156:3; 222:23; 223:22; 224:20,21 Page 23 materials 24:19; 27:16; 28:7; 29:1,3, 4,5,15; 30:2, 23; 36:12; 47:10,11; 48:12; 52:13, 15; 54:7,8; 57:17; 81:3; 102:10; 109:21; 110:3,6; 111:21; 112:3; 223:23 math 125:7,8 mathematic 16 : 8 Mather 95:22, 23 matter 168:18; 176:14; 222:20 matters 9:23; 10:2; 19:17; 33:12; 169:11; 177:8; 181:8, 9; 250:8 maul 42:9 maximum 8:10 MCL 140:13 mean 25:10; 27:21; 28:17; 37:13; 48:17; 59:13,23; 73:14; 74:10; 84:21; 85:22; 86:14; 91:19; 102 : 2 ; 103:14 ; 114:18; 118:13; 121:7; 132:10; 133:18 ; 134:8,13,16; 137 : 5 ; 138:13; 143:4; 148:10,15; 149:2; 151:23; 164:19; 168:2; 170:5; 171:5; 178:3; 180:11; 182:12; 187:23 ; WATER PCB-SD0000040760 PIERLE.TXT 194 22 ; 197 7; 201 14; 215 3,11; 217 4,15,19; 218 15; 219 3; 220 23 ; 221 2; 226 15; 227 20 ; 229 4,20; 233 18; 235 14; 236 12; 242 12 meaning 171:2 meanings 114:7 means 25:15; 40:21; 53:19; 84:9; 114:9, 11,15,18; 122:17; 125:21; 138:10,13; 148:20,21; 192:19 ; 216:23; 226:17 meant 196:19 measure 138:12; 148:8 measurements 161:4,5 measures 32:3; 230:10 mechanism 11:9; 20:16 media 178:17 medical 44:9; 65:4; 88:3,5; 91:14; 94:9; 119:16; 180:22; 181:1,10; 223:9,14,21; 224:3,11 Medicine 212:22 meet 191:14; 197:11 meeting 31:23; 125:1; 129:5; 191:23; 192:2,5,8; 193:1,17,20; 195:5; 204:13; 227:22 member 144:7 members 151:10,11 membership 150:21 memo 69:8; 70:10; 71:2, 14,18; 125:1; 152:18 ; 191:16,21; 200:7,8; 201:2; 209:10; 227:4,15; 240:8; 242:6 memorandum 85:1; 154:20; 173:10 memory 11:19; 112:20 ; 199:19 ; 240:17 memos 171:18; 226:19 men 66:8; 101: 2 mention 240:13 mentioned 47:3; 199:6 mess 35:7,13 Metcalf 123:5; 124:22 method 109:7; 126 : 8 methodology 126:4; 205:12,16 MICHAEL 1:11; 2:13.5; 3:8; 4:4; 5:5,17; 6:10; 248:4.5; 249:7; 250:6; 251:2 mid-1970s 96:22 mid-fifties 65 : 6 middle 40:1; 75:8; 126:16; 130:16; 166:22; 170:22 midst 238:20 might 39:4; 43:20; 47:18; 59:21; 68:1; 82:6; 89:14; 92:9; 109:13; 138:14 ; 183:6; 197:15 ; 202:6; 217:22 miles 134:17; 135:16 Miller 173:21; 174 : 1 million 8:19; 12:2,4,10; 16:16,17 ; 17:21,23; 18:21; 20:9; 21:18,21,22; 123:22; 124:3,16,17 ; 125:6,10; 127:4,20 ; 128:1; 137:9; 147:10,15 ; 202:12 millions 243:14; 244:10 mind 25:3; 95:5; 113:22; 121:15; 146:18; 154:23; 157:13 ; 165:1; 176:11; 187:13; 223:6 mine 42:5 minimize 29:19; 30:7; 120:11; 122:11 minimum 85:11; 86:22; 121:17 Minteer 85:4 minus 12:10 minute 53:18; 123:11; 156 : 22 ; 232:18 minutes 103:2; 240:15 minutes' 101:18 mischaracteri zation 190:16 misconduct 43:23; 45:21; 210:20; 211:2; 214:20 Page 24 misrepresented 63 : 14 MISSIONARY 1:3.5; 2:3.5; 5:7; 133:6; 144 : 8 Mississippi 3:4.5 MISSOURI 1:20.5; 2:17.5; 4:7; 6:14; 213:1; 250: 4 MO 2:16.5; 250 : 5 molecule 55:5, 10; 56:2; 60:1; 163:19 molecules 56:4; 58:6,11 moment 27:21; 38:9; 60:6; 83:6; 90:19; 129:21; 189:5; 208:7; 225:13 moments 129:13 money 19:21; 20:17 monies 18:3; 21:6 monkey 237:9 MONSANTO 1:7; 2:7; 5:9; 6:4; 7:2; 8:3,16,19,21; 9:2,3,9,15, 19,21; 10:9, 16,23; 11:3, 15,16,17 ; 12:8,18,22; 13:22; 14:21; 17:4,8; 19:21; 21:10; 25:23; 26:9; 27:10; 28:2; 31:4; 32:22; 33:11,13; 34:5,12; 35:22; 36:6; 49:15; 50:3, 5,13; 54:6; 60:6,15,20; 61:4,9,10; 62:3; 64:8, 22,23; 65:4; 68:17; 69:12; 70:4,21; WATER PCB-SD0000040761 PIERLE.TXT 71:13; 73:3; 74:1,3,18; 77:13,19; 78:9; 79:4; 80:2; 82:11, 16; 83:2,3, 21; 84:2,19; 85:2,4,8,17; 86:21; 87:4, 10,21; 89:12; 90:18; 92:8; 96:10; 97:1; 98:9; 99:2,7; 100:3; 102:2; 104:2,14,17 ; 105:12,19 ; 106:2,23 ; 108:18 ; 115:2,14,16; 116:7,17 ; 117:17 ; 118:8; 12 0:17 ; 123:14,20 ; 128:18; 129:12,14,22 ; 130:3,16; 131:5,12,13; 132:14 ; 133:17; 139:5,9,22; 140:10,16,18 ; 141:9; 142:10; 150 : 4 ; 152:11; 153:2,20 ; 154:19 ; 156:18 ; 159:10; 160: 2 ; 161:14,20; 162:5; 163:1; 164:6,21,22; 165:20; 166:12,16,20; 168:11; 169:2; 170:3, 22; 171:17; 172:13 ; 173:1,4,19 ; 174:18 ; 175:1,18; 177:5,9; 178:18; 179:11,21; 184:5,8; 185:7,20; 188 5; 190 10, 17; 191 3; 192 7 , 11; 193 :4; 194 2,17,21; 195 20 ; 196 2 2 200 2,1 ,11 t 201 2; 204 ' 4 , 14,23; 205 :8; 206 7; 207 2 2 ; 208 9,14; 209 10; 211 11, 15, 21; 212 23 ; 213 11, 16, 19, 23; 214 : 1, 8, 20 ; 215 : 14 f 2 3 ; 216 : 9; 219 12; 220 12; 221 11, 17, 21; 222 10; 224 14, 23; 226 14; 227 3; 229 20; 231 2 3 ; 235 13; 236 9,17,22; 237 12, 14; 238 18; 239 4; 241 :9, ii; 242 :7, 2 2 ; 251 3 Monsanto ' s 7:5, 13 ; 47 : 2 ; 53:19,20; 61:21; 86:22; 87:17; 96:5; 161:11,18; 173:10 ; 17 5:17 ; 182:21; 188:7; 204:3; 205:6; 206:2; 228:6 Monsanto-Solutia 243:15 Montars 71:9, 15,23; 72:7, 15; 152:19,20 Montgomery 174:15 month 18:6; 207:12 months 133:11; 180:19; 189:8; 191:5; 2 3 3:6 Moore 3:8.5 moral 31:8,14; 32:6,7; 33:2 morals 32:11 morning 40:6, 16; 45:10 mortgage 54:15,19 most 54:14; 55:19; 133:2; 140:10,18; 141:9,15; 142:3 ; 175:16; 180:7 ; 186:23; 219:7 mostly 136:10 motors 89:22 mouth 45:19 move 118:3; 134:6; 210:6 moved 7:5; 112:11; 166:13 moves 167:5 Mr 175:11 much 8:5,6; 17:14; 18:6, 7 ; 2 3:22 ; 50:13; 92:1; 103:21; 117:23; 140:5; 169:14; 195:23; 205:23; 229:19 Mulliss 3:8.5 multiplies 201:10; 202:20 must 62:6; 69 : 18 mutual 155:7 myself 42:6 N name 6:2,8; 8:16; 47:5; 61:21; 65:21, 23; 84:2,4,9; 165: 1,4 ; 166:18 named 87:20; Page 25 96:14; 212:12; 223:3 names 27:9 naphthelenes 72 : 2 nation 54:12 natural 48:21; 226:4 naturally 48:14; 49:1, 6; 55:19 near 133:21; 142:10 nearly 66:2 necessarily 90: 14 necessary 4:11; 15:9; 37:9,20,21; 85:10; 86:1; 199 : 1 necrosis 67:17; 68:14 need 18:11; 23:18; 29:2; 36:11,15; 86:5,6; 100:5; 118:1; 119:7 ; 158:23 ; 159:2; 165:9, 10; 178:11; 191:12 ; 229:2; 231:2; 241:4; 243:4, 7 needed 63:22; 230:1 needs 55:10; 243 : 4 negative 12:13; 107:14 Neglect 62:10 negligent 46: 13 negligible 155 : 8 negotiated 245:18 neighbor 37:7, 10,17,21 neighborhood 40:2,13; 41:14; 42:2; 115:15; 130:1; 131:6, 8; 132:16; 133:13; WATER PCB-SD0000040762 PIERLE.TXT 134:9,10,13; 162:8; 163:2; 164:2; 237:1 neighborhoods 130:2 neighbors 23:11; 41:2; 42:11; 44:13; 115:18; 127 : 22,23 ; 150:5,7; 157:10; 163:1; 240:1 neither 250:13 net 11:21; 12:4,20,22; 16:13; 212:4 never 48:22, 23; 49:2,6; 75:14; 132:14 nevertheless 26:20 new 7:8,10; 8:16,22; 9:5; 16:12; 17:12; 187:18 ; 190:6 ; 196:12,13 news 178:17 next 62:18; 66:18; 78:13; 90:7; 95:4; 100:16 ; 102:16; 108:9 ; 119:14 ; 121:16; 125:12 ; 129:10; 131:8; 147:13 ; 148:12 ; 159:21; 162:10; 179:2; 180:18; 191:21; 219:18 nice 146:10 nine 2:15; 105:15 Nineteen 180:19; 187:1 Nobody 136:7, 11; 161:14 nominally 8:18; 15:16 noncontrovers- ial 55:18 none 145:11,16 nontypical 70 : 14 nor 55:13; 163:7 ; 250:13.5 normal 70:19; 103 : 21 normally 69:15 north 1:20; 3 : 7.5,9 ; 159 : 2 ; 248 : 6.5 northern 100:21; 212:10 nose 59:21; 145:4 NOTARIAL 250:1.5 notary 2:17; 4:6; 248:13; 250:3.5,22.5 note 121:1; 159:19; 161:9; 187:16; 223:3 notes 156:8; 161:17 nothing 76:15; 112:23; 171:23; 196:20; 230:1; 238:18; 250:7.5 notice 4:19; 11:17; 12:9; 239:19 noticed 11:16; 12:7; 16:11 November 189:1; 192:6, 10; 207:19; 208:2,23; 209:7,8,15,21 number 1:5.5; 2:5.5; 5:12; 6:17; 14:5,6, 8,19; 17:16, 18; 18:11,21; 20:10; 62:18; 95:15; 128:9; 134:1; 159:23 ; 161:18; 178:16; 195:6,14; 199:15; 244:13 ; 245:5; 251:4.5 noombers 15:14; 21:3; 50:11, 12; 137:15; 146:18; 201:21; 2 03 : 18 ; 204:18; 205:11 nutrition 8:1 O o'clock 2:15, 15.5 o-O-o 4:1; 5:1 oath 250:9 obedient 163:16 object 13:15; 16:5; 19:10; 23:13; 26:15; 28:22; 30:20; 33:5; 36:21; 38:1; 46:14; 50:8,19; 52:3,7; 69:4; 70:7; 73:1; 75:7; 128:3; 189:16; 199:9; 234:5; 235:18; 241:1 obj ected 111:12 objecting 76:19 objection 13:3; 75:17, 18; 76:5,11; 77 : 3 obj ections 4:11,14 objective 179:9; 210:23 obligation 82 : 7 obtained 73:8; 105:19 obvious 67:11 obviously 13:6; 21:10; 63:6; 75:10; 79:7; 99:12; 174:18 ; Page 26 180:9; 195:13; 201:9; 230:20 occupation 6 : 19 occur 48:14; 49 : 6 occurred 37:11,12,23; 48:21,23; 65:8; 103:20; 215:2; 229:16 occurrence 244:9 occurring 36:10 October 139:12; 191:7,11,15, 17; 192:5; 204:15; 205:5; 206:18; 208:13; 2 09:16 ; 212:11 Oettel 67:23 off-site 154:7 offer 13:17, 18; 245:13,16 offered 4:16 offers 245:4, 10 office 3:4; 99:13; 171:1; 193:2; 206:20 officer 9:14; 168:16 officers 9:18 offices 88:10, 11,13,18; 166:13; 167:1; 192:9 official 146:3; 165:14; 187:4 officials 198:18 Ohio 88:23 okay 10:13; 11:11; 17:14; 19:20; 20:8; 22:3; 23:4; 32:19; 36:4, 18; 38:8; 41:20; 53:16; 54:14; 66:1; 70:21; 71:9, WATER PCB-SD0000040763 PIERLE.TXT 18; 73:5; 74:20; 76:17; 79:11; 81:8, 15; 85:6; 88:9; 91:13; 95:3; 97:7; 102:16; 107:23 ; 115:12 ; 118:12 ; 120:9; 123:3, 7,19; 128:10; 129:20 ; 131:4; 153:20 ; 158:10; 161:1; 165:8; 172:15 ; 178:8 ; 181:13; 186:9; 191:23; 199:2; 207:6; 210:6; 222:10; 226:18; 231:4; 238:13; 240:18 old 73:17; 224:23 once 110:8 one 11:12; 19:4; 20:8; 21:14; 29:8; 35:11,18; 38:23; 40:5; 41:20; 43:17; 44:8; 47:1; 49:14; 61:8; 68:7,8; 74:14; 96:5, 7,15,16; 108 1,4; 110 14,15; 115 7; 116:2; 118 19; 119 4 ; 12 8:8; 135 21; 147 15; 152 ii; 159 16; 173 9; 181 14; 188 ii; 195 6; 197:2; 207 7,15; 211 21; 217:7; 218:7; 219:9,20; 220:1; 224:15; 225:4,7,12; 226:19; 228:7; 229:8; 241:10; 244:1; 246:9 one-thousandth 128:8 ongoing 18:19; 93:5; 172:10 only 32:19; 39:16; 68:11; 90:14; 96:15; 107:20; 120:15 ; 135:7; 163:3; 175:8; 222:19; 223:5; 233:12 open 67:5; 188:23; 205:23; 243:5 openly 246:20 operate 31:21; 112 : 7 operated 35:22 operating 7:19; 9:13; 35:3; 67:6; 157:23 operation 69:10; 70:15, 20; 181:11 operations 23:17,19; 99:8; 104:9; 227 : 2 operator 101:10 operator's 101:16 operators 98:13,17,23; 101:1; 102:21 opinion 45:20, 23; 52:23; 150 : 1 opinions 215:5 opportunity 63:11; 141:23 opposed 110:19 ; 223:22 opposite 221:14 order 74:14; 86:19 organic 166:17 organization 20:19; 34:1 organizational 166:18 organs 74:22 other 7 : 21 14 : 6; 19 : 18; 20: 2; 21: 17; 26 : 22 ; 36 18; 39 : 8; 43 : 1 f 44 : 22 ; 47 19, 22 ; 49 : 17 19; 50: 16; 54 3; 56 : 23; 64 11; 68 : 2; 74 : 15; 76 : 6; 80: 7 f 84 : 8,10,17 f 93 : 7; 103 n; 108 : 10 t 111 : 16 ! 139 :3, 19; 140 :7; 148 : 21 t 150 : 6 ; 163 : 12 l 169 :2, 3,7 170 : 21 ! 171 : 11 1 180 : 9 ; 188 : 21 / 197 : 22 t 230 : 4 ; 242 :4; 245 : 3 others 29:9, 15; 30:18; 36:8; 43:19; 49:23; 63:7, 12; 68:4; 73:11; 228:8; 246 : 4 otherwise 61:15; 109:12 ought 35:14, 16; 36:19; 38:20; 40:22; 41:8; 44:16; 118:13; 122:5,7,9 ; 177:15 ; 200:11; 201:3; 243:9 ourselves 118:5,16; 226:8,16 out 20:17; Page 27 21:8; 24:13; 37:15; 38:22; 39:1; 44:15, 20,21; 45:9, 10; 55:22; 59:21; 70:13; 72:19; 91:8; 118:14; 119:6,10; 130:19,20; 134:16 ; 136:4; 144:17; 145:5; 152:15 ; 154:16; 155:13; 162:17 ; 163:19,23 ; 179:23; 184:22 ; 186:5,9; 19 4:18 ; 200:10; 203:14; 206:6; 218:9; 223:15; 225:20; 230:6,8,18, 23; 232:1; 233:3; 234:15; 235:15; 237:21; 238:10; 241:14 outcome 109:4; 212:1,6 outfalls 226:7 outlined 190:14 outside 23:11; 40:3,7,14; 84:18 ; 131:10; 192:17; 228:9; 231:7 outstanding 9:22; 16:4 over 7: 6; 8:2; 12:23; 27:12; 2 8:1; 30:12; 31:22; 46:10; 61:11; 79:11; 97:10; 109:5; 117:7; 162:16 ! 189:7 ; 191:4; WATER PCB-SD0000040764 PIERLE.TXT 202:7; 203:18; 213:10; 240:14; 248:10.5 overall 56:6; 94:4; 162:2 overflow 131:12; 236:20 overpressuriz ation 69:19 overread 118:10 overwhelming 50 : 6 own 14:22; 53:17; 90:1, 3; 101:3; 105:13; 113:22; 120:19; 128:2; 240:1 owned 34:6,7 owner 39:2,14, 19; 40:6,17; 41:13,21; 43:11; 44:12 owners 54:17 P P.A. 3:4 pack 40:9 page 3:15; 61:18; 79:11, 16; 80:15; 85:8; 97:10, 13; 100:16; 109:5 ; 12 0:10; 125:12; 126:15,16; 128:10; 129:10; 140:6; 179:5; 194:9,11 ; 197:14 ; 220:14; 248:9,12, 12.5,13.5; 249:1.5; 251:4,5.5, 8.5,11.5, 14.5,17.5 paid 20:12; 101:18 painful 66:12 Papageorge 105 : 20,22 ; 106:13; 206:20; 207:10 paper 237:10; 239:20 paragraph 62:1; 65:17; 66:7,18,23; 69:9; 72:18; 74:20; 78:1; 80:15; 39:19; 97:21; 98:11; 101:7; 102:5; 119:5 ; 121:16; 147:13 ; 155:3 ; 167:15 ; 175:10,11,15; 179:6; 181:15; 19 3:17 ; 194:8,11; 220:14; 222:19 parathion 29 : 13 pardon 206:21; 239 :3 parent 131:14 parents 40:16; 41:5,13,18, 23; 45:13 part 20:18; 23:1; 26:10; 29:18; 30:6; 31:18; 34:18; 44:18 ; 111:15; 127:3,20; 128:1,7,17; 136:21,22; 137:9,14 ; 144:23; 145:1; 147:10,15 ; 160:15 ; 162:2 ; 166:15; 170:16; 177:19 participated 146:7 particle 144:16 particles 145:5,9,12 particular 24:9; 33:18; 36:3; 38:7; 94:13,17 ; 95:1; 107:8; 110:4 ; 142:21; 145:19 ; 170:7; 244:19; 245:6 particularly 14:21 parties 4:3; 250:11,14, 15.5 partly 154:21 parts 63:4; 108:14 ; 137:4; 147:9; 197:21; 198:3,21; 202:11; 207:14; 208:4 pass 145:9 past 15:1; 21:8; 72:17; 198:13 pastor 147:1 pathways 237:7 pattern 221:10 Paul 166:8,9, 11; 200:7; 212:12,17 ; 213:7,15 pay 11:2; 15:3,4; 16:18; 17:9; 19:5,7; 20:8; 21:21; 31:9; 39:2,14 paying 37:20; 42:10 payments 16:19; 185:22 PCB 10:18; 49:17,19; 52:12; 56:2; 78:4,13; 79:12,13,18; 84:2,10; 91:7; 93:15; 98:8; 104:19; 108:14 ; 109:21,23; 110:18 ; 120:18 ; 122:16 ; Page 28 127 3; 128 13; 129 15; 133 15; 139 15; 140 16; 144 16; 145 22 ; 146 i; 149 13; 155 21; 156 10; 161 7; 162 163 18; 164 9,14; 166 1; 167 170 12,17; 173 5; 177 ii; 181 18; 187 5; 194 14; 198:1; 202 13; 203 15; 204 18; 205 10; 206 19; 207 10,11; 226 12; 228 8; 229 15; 232 21; 237 4; 238 16; 239 22,23; 242 10; 243 17; 244 23 ; 245 14,22 PCBs 28:5; 29:8; 47:3,5, 11; 48:3,14, 18; 49:3,8, 11,15,16; 50:6,14,18; 51:8,15,20; 52:5,21; 53:7; 54:1, 18; 55:4,8, 16,20; 56:6, 7,10; 57:7, 23; 58:14,22; 59:7,9,10,11; 60:14,16; 61:5,22; 70:6; 72:8, 20,21; 74:3, 18,21; 75:5; WATER PCB-SD0000040765 PIERLE.TXT 77:14,22 ; 79:1,3; 83:2; 84:8; 87:4, 12; 90:22; 91:11; 93:15; 94:22 ; 102 19; 103 18; 104 4; 105 14; 106 18; 109 6; 112 18; 114 2 2 ; 115 13,18 ; 119 7,10; 122 2,6; 123 2 2 ; 125 10,15; 126 6; 128:6; 131 15; 132 15; 136 18; 137 5,18,22; 139 2,4; 140 20; 141 17; 142 5,6,8; 143 2,7; 144 9,10; 147 6,14,21; 148 3; 149 12; 150 9,10,19; 151 17,21,23; 152 1,12; 153 4,8,11, 19,21; 154:9; 156 14; 157 7,9; 158 16,21; 161 22 ; 163 4; 182:6; 184 7,19,22; 189 10; 190 12,13 ; 199 7,20; 200 3; 208 21; 214 22 ; 215 17; 216 19; 223 4; 228 20 ; 230 16; 231 13; 232 2,13; 233 7,10; 234:20; 235:17; 238 : 1,5,11, 19; 239:6,9; 241:15; 243:12,15; 244:1,10; 246:12 Peck 3:6.5; 12:17; 13:2, 19; 16:5; 19:10; 23:13; 26:15; 28:8, 22; 30:20; 33:5; 36:21; 38:1; 46:14; 50:8,19; 52:3,7; 60:10; 69:4; 70:7; 73:1; 75:6,14; 76:1,10,18; 77:10; 97:22; 117:1; 177:12 ; 189:16; 199:9 ; 208:15; 219:21; 220:2; 225:7, 11; 234:5,10; 235:18; 241:1; 248:5 peer 215:8 pen 40:11 pending 5:9 penitentiary 213:13 people 19:7; 22:19; 23:4; 26:4; 27:4,5; 32:12; 35:16; 39:21; 42:3, 4; 84:18; 94:9; 98:2; 102:21; 104:23 ; 117:14,20; 12 6:11 ; 128:5; 132:7, 14; 135:12; 138:20; 139:3,14,18; 142:3,4; 150:6; 152:12 ; 153:3; 169:3, 7; 170:2,4; 180:1; 182:7, 8; 184:17; 186:6; 190:5; 192:23; 193:1,2,3,12 ; 218:12; 221:19; 222:1; 228:21; 235:1,15; 236:4,10,12; 237:21; 239:11,16; 240:19,22; 245:5,9; 246:20 people's 134:6 per 77:23; 108:14 ; 127:3,20; 128:1,7; 136:22; 137:4,9,14 ; 147:10,15; 160:19; 161:6; 195:15; 202:12; 2 07:14 ; 208:4; 209:2; 248:10 percent 11:8; 15:17 perform 109:10 performing 67:23 perhaps 43:17; 100:4; 107:1; 125:4; 143:22 period 185:21; 203:22; 204:2; 205:13; 213:16; 233:11; 237:5 periodically 17 : 5 periods 233:23 permissible 196:4 permit 25:13; 196:5,6,23; 197 : 4 permits 24:21; 55:7; 196:19, 20 permitted 194:14; Page 29 195:10; 237:7 persistence 56 : 8 persistent 56:20; 60:16 person 35:13, 20; 38:10,13, 17; 39:6; 59:7; 81:5; 85:3; 86:15; 181:11; 215:8 person's 143:10 personal 32:12; 34:18; 35:5; 53:17; 62 : 4 personally 25:11; 113:22; 131:7; 158:7; 164:20 personnel 194:18 persons 96:13; 175 : 7 pharmaceutical 7:23 phenol 70:6 phenols 64:10 phenomenon 48:21 philosophies 8:7 photographs 65 : 17 phrase 124:7; 219:14 phraseology 94 : 10 physical 47:16; 55:16 pick 209:8; 214:15 picked 55:5 piece 108:4,8 PIERLE 1:11; 2:13.5; 4:4; 5:6,17; 6:2, 10; 13:22; 25:19; 30:12; 40:18; 41:10; 46:7; 47:6; 60:12; 72:13; 73:5; 75:11; 77:11; 90:22; 95:13; 105:10; WATER PCB-SD0000040766 PIERLE.TXT 124:12; 135:15; 137:17; 150:16; 155:2; 173:1; 177-.13,23; 188:11; 200:20; 214:17; 221:9; 226:19; 241:10; 242:21; 245:22; 248 : 4.5,8; 249:7; 250:6; 251: 2 pit 38:11 place 66:21; 99:11; 112:14; 135:23; 136:1; 152:6; 220:17; 245:11 placed 68:12; 101:15; 103:1 places 244:16 plaintiff 1:12; 46:9 Plaintiff's 64:5,20; 95:15; 139:7; 204:8; 212:7 plaintiffs 1:5; 2:5, 14.5; 3:3; 5:19; 6:4 Plaintiffs' 3:18.5 plan 155:5; 156:9; 190:14 planned 126:12,21 plans 110:14 plant 10:19; 18:9,18; 23:11; 27:5, 11,15; 29:2, 11,13,17; 30:16; 31:1; 34:8; 62:7; 65:8,21; 69:17; 90:1; 95:21; 96:2, 5,7; 98:13; 99:4; 101:8; 102:4; 104:9, 22; 128:1; 130:3,16,18, 20; 131:9; 132:7,10; 134:2; 136:10; 142:10; 151:22 ; 152:2,4,8 ; 157:21; 159:3; 160:6, 16; 163:9; 164:1; 166:12; 175:3; 176:21; 180:8; 181:2; 188 : 23 ; 203:15; 207:22; 222:2; 225:21; 226:6; 227:5; 228:10,18,22; 230:17,20,22; 231:7,15,21; 232:3,6,8; 233:17; 236:1; 240:10; 241:16; 244:11,15 plants 104:3; 121:17 play 129:23; 223:14; 244:21 played 130:1; 131:10,11 playing 39:12; 40:3,13,14; 179:23; 223:8,9; 224:11; 236:19,20 Plaza 2:16; 250:5 please 5:14; 6:9; 7:14; 105:16; 123:3; 154:18 ; 160:21; 165:16 ; 173:12; 191:9; 248:10.5, 12.5,16.5; 251:4 pleased 179:11; 201:8 plenty 62:9; 63:11; 230:14 plus 64:11 point 24:18; 25:19; 39:1 48:7; 99:14 115 23 ; 124 21; 143 20; 147 19; 148 6; 154 14; 163 11,22; 168 14,22; 176 14; 179 16,18; 180 6 ; 182 11; 184 21; 187 14; 190 3; 217 13; 229 18,21; 230 3 ; 2 31: 16; 238:23 pointed 194:18 poisoning 117:12 poisonous 78:5 poisons 78:2 policies 34:2 policy 171:18, 20 pollution 116:22 ; 117:10; 120:13; 121:18 ; 122:2,16; 139:15 polychlorinat ed 28:3; 29:12; 77:23; 78:3,19; 80:19; 147:6 polyps 218:13 pool 135:19; 13 6:4 portion 20:6 portions 50:15; 246:8, 9 pose 26:2; 82 : 6 position 6:23; Page 30 7:1; 25:21; 26:5; 37:10; 85:13; 86:3; 87:2; 150:3; 168 : 4 ; 169:23 ; 226:23 positive 12:18; 14:11 possible 59:1, 6; 9 3:20; 113 : 14; 124:2,17; 149: 18,19; 151:7 posted 16:12 posture 42:14; 242:17 potent 91:16; 92:20 potential 9:22; 41:7; 83:1; 89:9; 103:12; 154:12; 159:8 potentially 47:17; 185:4 Potter 9:6 pound 195:14; 209:20 pounds 123:22; 124:3,16,18 ; 125:5,6,10; 160:19; 161:6,17; 170:12,13; 200:3; 202:12; 203:20; 207: 14,16; 208:3; 209:2, 12,14,15,23; 210:2; 243:14; 244:10 powerful 68:22 ppb 208:3 ppm 127:4 practical 64:3 practically 137 : 20 practice 16:22; 19:14; 20:1; 21:9, 12,17; 102:9; 104:1; 109:19; 168:23; WATER PCB-SD0000040767 PIERLE.TXT 169:11,15; 172 : 10; 176:19; 177 : 3,7 ; 183:2; 215:9; 235:5 practices 99:9; 102:4, 15; 104:22 pre-marked 3:18.5 precautions 62 : 11 precipitated 154 : 6 precise 166:18 precisely 185:12 predecessor 25 : 23 predict 21:1 predominantly 132 : 5 preferred 109 : 6 premises 24:6; 31:11; 245:2 presence 36:12; 226:4; 228:13 present 106:18; 138:13 ; 155:6; 191:12 ; 193:1 presented 39:17; 234:18 presenting 94 : 19 presently 170:10 preserving 102:10 president 6:21; 7:6; 9:9,12,14; 22:13; 23:8; 52:23; 91:5; 150 : 2 press 181:19; 187 : 6; 195:13,19; 233:3; 239:20 pressures 69 : 11 pretty 18:6; 62:17; 68:21; 73:3; 99:8; 122:4; 123:11; 13 3:14 ; 137:14; 163:18,19 ; 169:14 ; 174:21; 177:4 ; 187:18 ; 205:23; 218:11 prevent 29:19; 30:7; 244:8, 22 preventive 103:15 previously 68 : 13 price 16:3 primarily 26:8; 242:8 primary 27:3; 236:22 principle 46 : 19 prior 4:16; 6:23; 10:8; 17:10; 26:11; 53:4,20; 102 : 7 probability 151:20; 234:7 probable 59:2, 6; 93:16,21; 113:5 ; 114:23; 152:9 probably 39:17; 40:8, 21; 41:1; 43:7; 56:5; 57:13; 65:23; 93:17; 114:1; 122:15,20; 133:10 ; 140:11,18; 141:10; 144:1; 157:7; 161:21; 176:23; 224:16; 235:4 problem 13:21; 56:11,12,16, 22; 65:8; 117:18; 125:14,22; 126:5,7; 139:15; 140:14,17 ; 141:19; 153:21; 167: 19 ; 168:7; 169:5; 172:3; 175:17; 177:11; 186:16; 201:11; 228:23; 229:3,9; 230:11; 239:22,23; 242:22,23; 246:16 problems 56:19; 69:1; 87:11; 89:14; 116:21; 117:9; 202:21; 218:19; 237:15; 243:7 procedure 2 2:4; 248:14.5 procedures 17 : 1 proceeding 213:10 process 10:2; 21:5; 44:4; 48:11; 57:16; 69:9; 95:18; 99:11; 104:7; 158:22 ; 190:1; 196:15; 198:16; 215:8 processes 122:11; 158:17 ; 159:5,7 produce 15:20; 34:23; 127:12,15,17; 217:3,11; 218:4; 219:6 produceable 107:15 produced 2:14; 5:18; 27:11; 50:7; 69:15; 123:23; 219:11 producer 140:21; 141:5 producers Page 31 49:18,19; 50:16; 140:8 produces 216:23; 217:2 producing 100:11 ; 157:19; 217:8 product 16:10; 29:17; 50:1; 69:2,13,15; 70:6,19; 71:1,8; 84:2, 12; 85:19; 86:10; 98:8; 109:1; 110:8, 19; 224:8 production 71:7; 95:18; 115:21; 155:13; 226:6 products 20:2; 21:1; 24:15; 29:10; 47:9; 69:2; 158:19; 211:16; 212:3; 222:1 professional 1:19.5; 2:17; 215:5; 250:3 profit 26:14 profits 188:7; 221:21 program 22:16; 23:1; 154:15; 166:1; 193:23; 194:4 ; 196:12,17 programs 18:16,17 progress 208:22 project 112:5 pronounce 65 : 18 propensity 57 : 19 proper 38:18; 44:1; 103:8; 104:12,13 ; 111:21; 223:10; 224:5,20 properly 23:15; 106:18; 242:5; 246:2 properties WATER PCB-SD0000040768 PIERLE.TXT 29:5; 30:18; 50:23; 51:3; 60:14; 72:20; 107:12 ; 115:13 ; 122:8; 155:10,21; 156:2,13; 224:5; 243:19; 245:2 property 29:21; 30:8; 31:1; 36:8, 20; 38:12,16; 54:9,16,18, 19; 57:6; 92:16; 113:7, 16; 136:16; 163:9; 228:18; 243:16,19 proposed 198:14 proposition 46:7; 245:21 protect 42:1, 6; 45:17; 118:5,16 ; 170:3; 188:7; 221:13; 226:7,15; 236:23 protecting 45:18; 118:8; 224:12,14 ; 226:13 protection 103:8,21; 104:8; 246:23 protective 100:23 prove 61:14; 84:8; 181:23 proven 112:23 provided 100:23; 101:10; 102:6,22 ; 103:7,22; 248:11.5 provisions 197 : 22 provocation 39:7,10,11 public 2:17.5; 4:6; 30:17; 85:19; 132:4; 133:2; 145:21; 146:22; 148:1; 167 : 21; 168:9; 169:7, 13,17; 172:5; 177:10; 178:12 ; 179:22; 184:1,3; 185:5,9,10; 186:18 ; 188:8; 189:12; 190:2; 204:6, 22; 221:13; 223:13,16; 224:13; 226:11; 230:15; 238:15,19 ; 239:5,8,14, 18; 242:8,9, 23; 246:16, 23; 250:3.5, 22.5 public's 176:8; 186:21 publications 176:7; 186:20 publicity 184 : 9 PUBLIC] 249:20.5 published 175:13 publishing 216:10 pull 152:14; 200:9 punish 42:20, 22; 43:5 punished 42:12 punishment 43:9,12,14; 44:2,11 punitive 44:12,16; 45:22; 46:3, 10,17 purchased 133:20 purely 16:7 purported 14 : 23 purpose 43:19; 44:1; 77:18; 190:19; 228:1 purposes 14:23; 43:12; 52:21; 61:16 put 16:16,17; 37:9,21; 67:5; 69:22; 84:16; 86:9, 21; 110:14; 168:1; 185:8; 208:6,7; 223:6; 233:2; 239:19,21 putting 156:9 Pydraul 84:1,4 Pyranols 95:19 Q quality 56:7; 125:14,22; 126:5; 128:14 quantity 244:14 quarter 157:18 question 19:11; 21:14; 23:14; 2 4:9; 26:16; 28:11, 19,23; 30:5, 21; 32 :19,21; 33 : 5,8 / 36:22; 37:14; 3 8 : 2; 45:1,4; 46:15; 50:9, 20; 52 : 8,19 ; 53:11; 54:23; 55:8; 56:15; 64:2; 69 : 5 ; 7 0:8; 7 3:2; 7 5:9; 76:22; 80:10, ii; 8 2:8; 84:7; 92:13 ; 94:16; 102 16 / 103 7, 15; 111 112 113 115 144 145 146 151 153 1, 4,6,13; 21 / 10 ,n; 5; 128:4; 20 t 7, 18; 11 / 16 r 5; 154:7; 161 164 176 177 2; 16 t 12 t 21 f Page 32 189 17; 199 10; 201 i; 204 11; 205 14; 210 23; 215 10; 219 2; 235 19,20,21 239 10; 241 2,21 questioning 76 : 14 questions 4:12,13; 6:1, 6; 4 4:23 ; 61:16; 63:18; 83:22; 111:11; 178:13; 222:13,14 ; 247:3; 248: 16.5 quickly 62:17; 64 : 16 quiet 42:6; 233:1 quietly 167:19; 168:7; 169:5; 172:4; 186:16 quite 33:21; 37:3; 89:7; 141:14; 150:17; 245:4 quiz 11:19 quote 35:7; 68:5; 119:21; 169:4; 191:18,19; 220:16,17 R rabbits 67:5 raise 38:10; 215:4 raised 41:11; 80:11; 106:10 ; 222:13,15 raising 86:15; 223:4 Ramsey 160:5 range 51:16; 145:15; 196:7,8; 209:2 WATER PCB-SD0000040769 PIERLE.TXT rat 212:18; 216:8; 218:20; 220:10 rate 77:22; 159:10; 219:12; 229:14 rated 101:9 rather 242:9 rationale 189:22 rats 126:14; 127 : 9 RE 251:3 reach 143:11; 179:8; 182:2; 208:8; 246:22 reached 69:10; 195:6 react 236:1 reacting 55:12; 59:3; 135:9 reaction 243:9 reactions 107 14 read 15 : 12 f 62:14, 19; 63 : 2; 64 : 19; 66 : 1,13; 72:17; 73 : 17 74 : 3; 78 : 6, 13,17; 79 : 17 80:13, 15, 20 ; 81:13, 15; 8 2:^i; 83 : ii; 85:15, 20; 89:4,15; 90:4,6 ,7; 97:19, 22 ; 98 : 5,19; 100 104 106 108 109 117 118 121 122 124 13 / 23 ! 19 / 14 / 14 ,17 / 15 f 14 , 16 ! 15 / 19 t 7; 128 154 155 156 160 161 12 / 15 ,23 1 14 r 7; 21 / 9; 167 : 1 13; 168:14; 171:12 ; 177 : 16,22 ; 178:1,3 ; 179: 14 ; 182:2; 185:13 ; 187:22; 188:1; 190:9; 195:15; 200:6,16,21; 201:7,14; 202:19; 203:2; 205:2, 3; 207:16; 208:1; 209:3, 10,18; 210:7, 9; 219:16; 220:15,19; 221:3; 223:10; 225:22; 248:10.5,15 readable 73:15 reading 62:2; 65:15; 71:10; 80:16; 91:4; 100:1; 117:21; 120:23; 126:1; 149:3; 151:12; 153:10; 191:2; 225:23; 226:21 ready 110:9; 245:7,8; 248:10 real 15:23; 64:16; 69:1; 120:22; 156:17; 243:8 reality 224:17 realize 77:16; 153 : 20 realizing 117:17 really 8:4; 19:3; 71:2, 16; 114:12; 119:7; 133:3; 150:23; 197:12; 205:22; 212:5 reason 23:7; 27:2; 70:21; 93:6; 102:9; 150: 19; 158:20; 167:22; 225:17; 236:3; 239:1 reasonable 121:11; 127:6; 150:17,22; 151:3,8,9 reasons 171:6 reassuring 89 : 13 recall 17:16; 18:10,20; 35:11; 50:15 115 19; 137 14; 139 19; 152 19; 160 10; 165 4,14,19; 166 18; 181 7; 134 21; 189 3; 205 11; 211 18; 222 9; 227 19,22; 241 3 recalling 93:3 recaptured 41:16 receive 46:10 received 61:9, 10; 84:22; 143:21; 160:3; 192:23 recently 131:2; 136:17; 186:23; 246:15 recognize 140:20 recollect 91:10; 139:20; 140:3 recollection 49 : 17,22 ; 52:11; 87:9; 91:19; 137:16; 154:3; 164:11; 166:6; 212:1 recommendatio Page 33 ns 175:22; 176:3; 186:19 ; 187 : 20 record 6:8; 13:11; 72:10; 83:10,16; 89:19; 95:10; 105:6; 151:15; 162:13,14,16 ; 200:13; 201:5; 210:9; 231:22; 250:11.5 record.] 72:12; 83:9, 18; 90:21; 95:12; 105:8; 150:15; 160:23; 200:19; 210:12 records 105:13 recovery 46:4 Redington 227 : 8 redo 212:2 reduce 120:12; 194:1; 230:21 reduced 203:13; 250:9.5 reductions 197:5; 233:16 refer 125:18 reference 71:18; 83:23; 120:8; 165:15 referenced 116 : 5 references 97:16; 187:15 referred 94:14; 199:16 referring 78:19; 79:5; 149:4; 169:14; 209:6,20; 210:4 refers 74:15; 77:22 ; 125:17; 148:18 ; 196:3; 199 : 22 ; 205:9; WATER PCB-SD0000040770 PIERLE.TXT 208:17; 209:7; 212:11 reflect 191:6 reflects 161:3 refresh 240:16 regard 116:22; 117:10; 242:10 regarding 128:13; 222:22; 223:7 regardless 143 : 8 REGISTERED 1:19.5; 2:17; 250:2.5 regulated 54:1 regulating 188:14 regulations 30:1; 3 2:1; 85:10; 143:7; 184:17 regulators 132:6; 188:12 ; 227:17; 242:16 regulatory 52:20; 54: 115 1,6; 133 1,4; 143 5; 164 13; 168 12,21; 169 12,20; 172 2,19; 176 21; 180 14; 181 8,9; 198 12,17; 206 14; 222 21; 230 16 rehash 45:5 related 19:17; 24:15; 69:1; 78:4; 171:11; 250:13.5 relations 242:9,23; 246:16 relationship 82:12,15; 123:14,18; 142:19; 164:18,20; 165:6; 169:21; 205:7; 211:11 relationships 172:11 relative 92:15; 107:3; 113:2; 163:20; 183:1; 194:23 ; 231:11; 232:4; 239:9; 250:15 relatively 113:15; 190:6; 202:15 release 167:20; 168:8; 169:6; 172:4; 186:17; 228:9; 239:20 releases 25:1; 30:2; 153:14; 203:16; 205:1 relevant 13:8; 62:20; 63:4,5 reliance 88:22; 132:1 relieve 34:13 reluctance 202:15 reluctant 201:14 reluctantly 208:10 rely 94:9 remain 56:12; 100:12; 144 : 23 remained 188 : 23 remaining 11: 15 remediate 146:9 remediated 54 : 10 remediation 18 : 16 remedy 244:6 remember 35:8; 47:14; 50:11, 12; 88:2; 146:17; 152:14,17 ; 165:2,8,10; 199:8; 201:1; 220:10 removal 130:23; 245:10 remove 245:14 removed 133:20; 134:3; 197:23 ; 198:1; 218:13 ; 243:18; 245:1; 246:1 reoccurring 55 : 20 repeat 161:1; 218:1 repeatedly 100 : 7 Rephrase 151:9 report 65:7; 68:10; 78:2; 87 : 19 ; 124:14 ; 129:1,4; 139:14; 162:6; 180:13; 201:9,16; 202:15,20; 203:8,9,10; 206:19 ; 208:18,22; 209:21; 215:6; 216:18; 219:13 ; 220:15; 227:4; 240:12,17 reported 66:8; 201:17 reporter 1:19.5; 2:17; 5:14; 214:11; 2 5 0:3 reporting 1:19; 17:1; 248:21.5 reports 204:20; 223:9,14,21; 224:3,11 reprehensible 176:9,15,17; 182:5; 187:8 represent 23:4 representative Page 34 182 : 21 represented 3:3,6 representing 193 : 6 represents 6:3; 135:11 reproduce 106:18 reproduced 100 : 3 request 84:15, 20; 86:4; 193:19; 213:22 requested 202:4; 220:18; 248:10 requests 219:12 require 17:2; 41:12; 54:16; 55:4; 128:16 required 16:23; 20:8; 22:8; 32:9; 33:22; 197:6 requirement 86:8; 168:13; 230:1 requirements 30:3; 32:17; 34:3; 42:16; 55:2,14; 198:12 requires 41:17; 111:8 reserve 13:15; 16:18; 19:23; 20:3,5,13,22; 21:2 reserves 17:2, 8,18; 18:4,8, 12,23; 19:3, 13,15,22; 20 : 15 reserving 21:5 reservoir 181:22; 182:2 resident 235:6,8 residential 40:1; 129:16; 130:17 resold 84:17 Resource 52:12 respect 19:14; WATER PCB-SD0000040771 PIERLE.TXT 22:10,22; 23:16,17; 30:1; 44:5; 50:23; 53:6, 12; 55:1; 68:19; 70:15; 102:14 ; 104 : 22 ; 105:3; 127:18; 130:22; 132:3; 144:15; 164:16; 180:16; 215:7; 244:7; 246:22 respective 4:3 respiratory 144:18; 145:9 respond 144:4; 236:2 responded 106:11 responding 220:8,12 response 92:14; 122:5; 142:1,19 responsibilit ies 3 3:3; 34:10; 94:15 responsibility 23:10; 24:12, 14; 25:9,12, 15; 27:3; 29:22; 31:8, 17; 32:7; 91:5; 94:2; 140:14; 235:9,10; 236:23 responsible 24:1,4; 25:4; 31:21; 32:16; 33:4,9; 36:7; 37:8,19; 38:14; 94:3; 120:22; 140:11,12; 141:10; 150:4 responsibly 35:3 responsive 227:23; 242:2,18 responsively 242 : 4 rest 62:19; 97:22; 112:12 ; 210:7,10 restrict 120:13 result 20:11; 62:11; 89:7; 127:5; 160:18 ; 163:4; 184:9; 195:5; 203:23; 207:15 resulted 204:18 resulting 66:20; 97:18; 133:16; 167:6 results 146:14,16 ; 214:21; 215:1,15 retained 12:18,22; 14 : 2 retention 171:7 retrospect 28 : 16 return 208:7; 248:13 returning 173:10 Rev 146:22 review 215:8; 216:9 reviewed 64:21; 194:2 rewrite 224:22 Richard 87:21; 88:6,7,8,10; 116:9,11; 120:21; 121:23; 139:21 rise 78:15; 149 : 1 Rising 74:5 risk 224:8 Ritz-Carlton 2:16; 250:4.5 River 246:1 roads 134:13 Robert 9:5; 123:4 role 29:22; 30:11 root 59:23 rottweilers 38 : 11 round 41:4 Roush 222:8,18 RPR 4:5; 248:20.5 rubber 101:14; 102 : 23 rules 30:1; 3 2:1; 248:14.5 run 54:11; 127:13,14 run-off 136:10,23; 154:7; 163:3; 244 : 7 rushing 41:23 S safe 26:18; 29:6; 47:10; 48:4; 109:20; 119:21; 122:9; 143:2, 8; 2 2 3:23 ; 236:17 safely 110:12 safer 48:6 safety 6:21; 7:7; 22:14, 15,18; 23:9, 10,20,22; 24:14; 26:4; 27:4; 33:19; 53:1; 71:7; 85:19; 91:6; 94:5; 100:17; 150:5; 185:5, 9; 188:8; 189:12; 221:13,19,23 ; 224:13; 226:11; 235:11,23; 237 : 1 SAITH 247:5 sales 8:15,19; 11:21; 85:13, 18; 86:13; 87 : 1 same 18:13; 34:14; 40:23; 43:20; 78:22; 81:10; 90:17; 99:1; 100:19; Page 35 110:3; 150:3; 158:18; 159:6; 194:23; 210:4 sample 159:11 sampling 159:1; 161:10; 162:6,19 sandbox 39:13 sandboxes 40 : 14 satisfied 43:4; 204:16 Saturday 40:6, 15; 45:9 Savage 207:9 saw 45:10; 133:12; 189:13 saying 12:20; 19:2; 24:8; 25:6; 52:20; 53:16; 63:21; 77:6; 79:5; 92:5; 104:6; 109:18; 117:22; 122:3,13,14, 18,20; 141:23; 148:7 ; 163:18; 178:7; 184:12 ; 186:15; 187:5; 196:18; 203:7,8; 206:5; 216:6; 217:14; 224 : 2,18 ; 230:12,13 says 5 : 19 ,* 16 : 13 ; 41 = 7; 52 : i; 59 : 2 3 ; 61: 18 ; 65 : 17 ; 67 : 3, 9; 68 : 10 ; 70 : 11; 74 : 21 ,23; 78 : 7, 18; o CO 79 : 21 :5; 85: 9, 16,20, 2 3 87:3; 88 : 9; 89 : 19; 97 : 8, 15; 101 : 2 ,8; 102 : 6 / WATER PCB-SD0000040772 PIERLE.TXT 109:11,16; 112:23 ; 116:19; 118:4,9,15; 119:20,21; 120:1; 121:7; 123:20; 124:1,7,10, 15; 125:4,12, 21; 126:4,22; 129 : 6 ; 139:11; 140:19; 141:12 ; 142:20; 147:18; 148:13,21; 149:5,15,16; 155:9,15,18 ; 156:7; 160:18 ; 170:9,16; 174:9; 175:9, 19; 178:4,8, 15,16; 179:15; 184 : 23 ; 187:11; 191:9,20; 193:17,23; 194:12 ; 195:4; 196:2; 197:14 ; 200:2,10; 201:2,9,15; 202:2,19; 203:5; 204:16; 206:10; 207:10,23; 208:20; 209:4,13,17, 19; 210:3,5; 212:17; 222:18,23; 225:16; 226:9,15; 228:2,3; 241:19,22; 242:14 scan 124:6 scanned 156:8 scenario 42:21; 45:5 science 7:22; 10 : 9 scientific 142:23; 145:8 scientist 138 : 4 scientists 93:8; 141:15; 218:3 scrubber 160:12,15 ; 161: 8 seal 250:18 SEC 17:1 second 20:19; 64:4; 65:16; 78:1; 89:18; 119:1; 120:10; 155:2; 175:11; 233:9 secondly 19:6; 72 : 3 secretary 165:12 ; 167:17 secrete 143:23 section 212:18 sections 11:5; 198 : 7 sector 7:23; 8:1,2; 10:9 securing 11:9 security 6:17 see 19:1 / 22:8; 34: 19; 38:18; 40 : 12; 51:19; 63 : 18; 65:15 ; 73 : 12, 21; 83 : 6; 89:3; 94: 22 , 23; 97 : 13 / 100 17; 104 2; 107 13; 120 15; 124 20 ; 126 10; 130 15; 140 9; 159 2 3 ; 167 15; 170 21; 171 23; 173 17; 178 ii; 182 20; 186 14, 18 ,22; 192 17; 195 18; 206 16; 207 7; 218:18 ; 220:21; 230:11; 237:10,11 seeing 50:12; 165:19 seeking 44:8, 11 seem 46:1,3; 176:15,17; 226:10 seemed 183:13 seems 17:18 ; 32:10; 42:13; 44:22; 85:18; 124:2,17 ; 128:12 ; 222:20 seen 75:14; 104 : 16; 131:2; 133:8; 140:2; 151:19; 162: 14 ; 165:17; 171:11; 172:15; 236:7,9; 237:9 sees 40:12 segmented 125:20 self-explanat ory 89:3 seller 141:7 selling 31:6; 120:18 semantics 38:3 send 170:23 sense 69:14; 158:2,15; 234:1,9 sensitize 44:4 sent 171:19; 216:9,12,13 sentence 66:6; 75:1; 78:13; 80:13,14; 85:8,20; 89:4,18; 90:7; 97:15, 23; 108:9; 148:13 ; 179:5; 195:12 ; 225:22; 227:14 separate Page 36 92:18; 215:11 separated 8:15 separating 53 : 11 separation 11: 5 September 8:12; 9:3; 14:8; 26:11; 31:4; 33:14; 53:20; 87:18; 99:17; 187:17; 202:8,11; 206:19; 207:13; 212:20 sequential 74 : 14 series 137:2 serious 100:11; 228:8,23; 246:17 seriously 117:15; 118:2 serve 126:23; 133:14 Services 207:23 set 8:3; 16:19; 17:8; 19:21; 21:12; 22:9; 33:20; 55:3,7; 101:11; 102:22 ; 104:21; 193:20; 230:18; 250:17.5 setting 21:18; 37:8; 238:13 seven 129:9; 140:7; 154:14 Seventeen 165:16; 172:21; 186:15; 199:11,12 seventy 17:21 several 39:20; 42:9; 44:22; 92:3; 109:9; 133:18,21 severe 127:5; 228:17 sewer 226:12 WATER PCB-SD0000040773 PIERLE.TXT sewered 226:6 sexual 66:15 shall 4:10 shareholders 8:5; 12:23; 15:10,21 shares 16:4 sheet 248:11.5; 251: 1 sheets 15:19 Sheila 2:16.5; 4:5; 248:20.5; 250:2.5,22 shift 98:16; 101:4,17,19; 103 : 3 shocking 168:3,9,19,20 shoes 101:14, 15; 102:23 short 78:3; 200:17 ; 214:12; 233:12 shortly 187:17 shouldn't 104:16; 237:12,14 show 11:19; 60:6; 63:13; 66:1; 129:20; 138:3; 159:14 ; 162:17; 182:5; 189:4; 202:6; 203:17 showed 14:5; 66:19; 67:16; 215:1 showing 77:15; 87 : 16 shown 51:6; 92:6; 172:13; 174:17; 208:23 shows 105:13; 208:22; 215:18; 224:4 shrimp 108:12 shrinks 42:7 shut 45:19; 112:5; 230:22; 232:6 sic 77:23 side 11:7; 86:2; 163:14, 15 sign 10:23; 218:11,15; 219:4; 248:12.5,15 signature 82:1,3; 207:8; 248:12.5, 13.5; 249:1.5; 250:10; 251:22.5 signed 181:4 significant 244 : 6 signs 239:21 silence 188:19 silent 13:4 similar 7:1; 20:4; 69:11; 71:4; 72:2,8, 19,20 Similarly 9:12 simple 62:11 simplistic 15: 5 simply 112:6 since 7:1; 15:15; 18:1; 61:4; 64:9; 127:21; 169:1; 208:17,22; 228:6,11; 229:16; 235:13 Sincerely 248 : 19 single 90:13; 137:15 sir 6:11; 18:14; 21:14; 64:18; 67:1; 147:17 ; 150:1; 153:6; 172:22; 209:18 site 18:18,20; 19:16; 22:20; 24:16,20; 25:8; 27:15; 28:6; 29:2, 11,13,17; 69:17; 132:10; 134:2; 135:13 ; 151:22; 174 : 7 ; 176:21; 201:19; 203:13; 230:17,20; 231:14; 232:8; 233:18; 241:21; 243:13; 244:2,11,15 sites 17:3; 104 : 9 ; 110:16 ; 180:8; 222:2; 236:1 sitting 42:19 situation 10:14; 18:5, 9; 44:2,14; 118:11; 142:7; 145:15; 176:8; 178 : 14,20; 180:17; 186:21; 242:11 situations 94:17; 109:2 six 8:18; 87:17; 133:10; 140:7; 240:15 sixteen 159 : 23 ; 170:11; 199:4; 200:3 sixty 17:21 skin 60:3; 62:11; 64:10; 66:1,8; 78:16; 79:14, 19,23; 80:4; 100 : 13; 103:23 ; 152:21 Skip 90:18 skipped 234:12 slightly 216:20; 219:14 slower 78:14 slowly 90:8 sma11 34:21; 98 : 3 smart 81:5 Page 3 7 Smith 3:8.5; 85:3 smoke 144:23 smoothly 13:13 Snow 167:9; 170:11; 194:1; 197:16,18,20, 21; 198:2,9; 199:7,20; 200:1; 202:6; 207:11; 231:9 so-called 138:5 soap 62:10 social 6:17 society 43:21, 23 socks 101:13 soil 110:18; 147:23 sold 48:3 sole 140:21; 141:6 solely 32:8 solubility 137:12 soluble 137:6 Solutia 6:20; 7:10; 8:17; 10:12,19,23; 11:15,18; 13:23; 16:12, 16; 17:7; 20:7; 21:12, 21; 23:16; 26:8; 31:4; 32:22; 33:11; 34:12; 53:2; 60:15,21; 115:2; 177:5; 242 : 22 Solutia's 20:6 solutions 246:22 somebody 25:8; 38:16; 39:2; 84:18; 85:2; 90:12; 206:7; 2 3 0:8 somebody's 54 : 9 someone 25:18; 36:20; 44:23 something 40:22; 46:3; 47:16,18; 59:20; 63:9, WATER PCB-SD0000040774 PIERLE.TXT 14; 68:22; 69:20; 70:14; 74:6; 85:4; 95:7,8; 135:1; 163:16,20; 167:16; 186:7; 197:10; 201: 13 ; 217:21; 229:1 sometime 133:10 sometimes 138:10 somewhat 13:4; 89 : 9 somewhere 14:12,17,18; 17:20; 130:12 soon 44:21 sorry 13:2; 28 : 8; 117 : 1, 6; 134 : 22 ; 161 :i; 194 :6; 204 : 9 ; 220 : 5 sort 8 : 9; 11: 9; 18:17 ; 19 : 16; 34 : 17; 35 : 21; 67 : 21; 69 : 9; 93:3 / 108 : 2 , 20; 110 : 13 / 111 : 2; 114 :5; 119 : 3 ; 124 : 6 ; 127 : 15 i 132 :3; 138 : 8 , ii; 154:7 ; 155 : 9 ; 172 : 9 ; 181 : 8 ; 187 : 11 ,16 sound 15:22; 186:9; 224:12 sounded 205:23 sounds 11:23; 12:3; 180:12; 186:5; 221:1; 233:18 source 156:16 south 157:22 speaking 110:7; 211:4 speaks 70:18; 108:5; 110:4 species 106:16 specific 18:10; 46:22; 65:13; 70:12; 100:22; 109:3; 114:6; 165:15 ; 177:19; 189:3; 235:20 specifically 30:14; 35:11; 72:16; 108:6; 115:7 ; 122:12 ; 164:15; 202:2; 216:20; 223:18 specifics 94:11; 232:10 spectrometry 126:3 spectrum 34:22 speed 157:23 spelled 225:18 spelling 79:10; 80:12; 81:1,2; 225:20 spend 140:5 spent 18:2; 22:7; 108:23 spill 37:11; 67 : 7 spills 90:2 spin 14:9; 15 : 9 spin-off 7:4, 15 split 8:8,13; 14:22; 15:16 split-up 17:11 splits 50:15 splitting 11:6 sport 181:23 spun 12:12; 13:23 St 2:16; 117:17 ST. 1:20.5; 6:15; 73:10, 11; 88:9,17; 96:23; 101:8; 102:17; 104:15 ; 117:21 ; 135:17 ; 167:1; 206:21; 213:1; 250:5 stable 55:20; 56 : 9 staff 175:12; 178:20; 204:21 stage 238:14 stand 49:5; 210:21; 245:8 standard 54:14 ; 168:23 ; 169:10,15; 176:19 ; 177:3,4 ; 183 : 2 standards 33:14; 34:4, 14; 55:3,6; 172 : 9 standing 75:16,18 ; 76:4,10; 133:22 standpoint 47:16; 51:5, 7 ; 8 6:8; 202:14; 203:6 standpoints 100 : 8 start 98:12; 117 : 7 started 6:7; 88 : 4 starting 132:23 starts 178:13 state 1:1; 2:1,17.5; 4:6; 5:10; 6:8; 24:22; 25:13; 75:7; 98:22 ; 141:20; 146:21; 164 : 22 ; 168:16 ; 169:18 ; 170:1; 172:2; 176:14 ; 178:14,19 ; 184:16; 185:16; 187:4; 190:21,22; 193:6; 200:12; 201:4; 250:3.5 stated 144:14; 203:19; 218:6 Page 38 statement 56:13; 60:20; 72:23; 77:17; 107:17 ; 129:18; 133:17 ; 141:21; 148:17 ; 183:13 ; 220:14; 228:11 statements 176:6; 186:20 States 48:13; 49:12,14; 50:7; 54:16; 55:11; 137:19,21; 139:4; 140:17; 141:3,7 status 170:10; 227:5; 236:15,16; 240:9,12 statute 115:6, 9 stay 58:18; 228:2; 242:2, 19 stayed 8:19; 10:9; 13:4; 163:14,15 step 41:20; 120:11; 197:7; 217:7 steps 118:2,5, 16; 162:11 still 10:8; 133 2 2 ; 134 15; 172 21; 227 17; 231 14; 232 13; 233 7 ; 2 3 5:1 238 13,15; 240 20,21,22 242 21; 243 12,14; 244 2,10; 246 6,11 STIPULATED 4:2,10,19 stipulations 5:20; 13:6 stock 16:3 stockholders WATER PCB-SD0000040775 PIERLE.TXT 12 : 9 stood 245:7 stop 90:11,18; 178 : 1 stopped 157:19; 236:5 story 43:11; 191:12,18 straight 107:16 Strand 74:6 stream 121:18; 209:5 streams 30:17; 54 : 11 street 3:7.5; 39:13; 62:8; 248 : 6.5 strong 86:10 structure 166:20 studies 126:14,18,22; 146:17; 218:18 study 108:11; 127:11; 145:22 ; 146:12,15; 178:20; 180:7 ; 198:15; 214:22; 216:8; 218:20 stuff 119:4; 148:22; 231:9 subject 154:20; 160:11; 166:1; 190:6; 213:8 subj ective 215:2 subpoena 206:8 subpoenaed 200:14; 201:5; 202:17; 206:4 Subscribed 249 : 11.5 subsequent 159:19 subsequently 82 : 19 substance 28:13; 47:4; 50:18; 51:20; 52:6,9,10,22; 91:1; 201:2; 217:1,6; 218:2 substances 26:2,23; 27:10; 29:20; 30:8,16; 31:10; 33:1; 34:9; 37:18; 54 : 2 substantial 26:10; 128:15 suburb 6:15; 135:16 successful 15:11; 86:5, 11,19,20 sued 19:8 suffer 103:17 sufficiently 128:15 suggest 183:9; 223:5 suggested 187:20; 194:16; 197:15 ; 224:16 suggesting 129:7; 135:7 suggestions 128:11 suggests 71:3; 194:22; 195:3; 243:6 SUITE 1:20 summarizing 139:14 summer 40:4,5 supplied 98:14 suppose 41:21; 80:18 supposed 169:16; 188:13 supposedly 208:19 ; 214:21; 215:15 ; 216:15; 240:8 surprise 136:15 surrogate 154 : 4 surrounding 22:22; 130:2 survive 108:13 ; 120:15; 121:7 surviving 120:16,17 suspect 25:17; 70:22; 104:6, 10; 109:8 suspended 68:5 swallowing 147:22; 148:3,18; 149 : 2 swear 5:14 Swedish 75:4; 78 : 1 swinging 40:15 swings 40:15 sworn 2:14; 5:18; 249:11.5; 250 : 7 symptoms 64:11; 66:9; 67 : 12 synthetic 85 : 14 system 59:17, 22; 112:6; 144:18; 145:9; 223:10; 224:6 systems 48:5,6 T take-it-or-leave-it 245:20 taken.] 60:11; 124:11; 186:10; 214:16 talked 51:14; 118:1; 139:1; 141:14; 152:18 ; 155:20; 199:5 ; 220:10; 223:18; 228:14; 231:9; 232:23 talks 70:12; 75:3,4; 109:5; 126:2, 21; 152:21; 204:12,13; 223:2 taught 35:6,9 tax 21:22; Page 39 22:4,5 taxes 12:1 technical 114:6; 174:13 ; 204:17,21; 205:9; 207:23 technically 111: 9 technological ly 111:3,14, 18 technology 110:17,20; 111: 2 telephone 88:19; 89:5 tells 230:5 temperature 109 : 8 temperatures 69:11; 72:6; 89:11; 153:1, 13 ten 18:21; 67:3; 116:3; 200:6 tend 55:21; 56:9; 57:7 tendency 57:23; 58:5, 18 tends 59:10 teratogen 113:1,5; 114 : 3 teratogenic 112:19 term 57:9,22; 59:19; 67:22; 71:17 termed 27:18; 80 : 19 terminology 135:23 terms 7:15; 16:7,8; 25:16; 29:10; 31:14; 89:13; 99:9; 114:6; 245:13 test 66:21; 69:22; 70:1; 109:1; 113:2; 156:4; 159:11,12; 163:5; 211:5; 212:6; 214:1, WATER PCB-SD0000040776 PIERLE.TXT 23; 215:18; 218:16; 219:5; 231:20,22 tested 136:17; 147:5; 156:19; 157:6,8 testified 87:8; 102:20 testify 87:14; 250:7 testimony 10:15; 104:5; 250:11.5 testing 66:19; 155:16; 158:6; 189:13 ; 211:7,13,14, 16; 218:17; 219:7; 224:3; 232 :1 tests 91:22; 118:22 ; 127:13; 157:5; 213:23; 215:16; 220:10; 233:6,13 Texas 112:16 Thanks 178:9 themselves 15:14; 58:6, 10; 161:15; 189:13 there's 21:4; 41:6,7; 53:5; 56:5; 57:19; 76:7; 81:18; 84:15; 85:21; 86:14; 87:12; 91:23; 92:12; 93:20; 102:18; 113:2; 122:1; 137:17; 142:15,20; 143:8,18; 151:23; 180:9; 206:8; 221:9; 224:7; 229:15; 230:11; 234:17; 235:4; 238:15; 239:22; 244:10,13 therefore 34:19; 54:4; 56:10; 100:5 thereto 4:16 thereupon 250 : 9 thimble 243:16; 244:23; 245:22 thing 18:17; 35:17; 36:1, 5; 37:4; 43:20; 81:10; 100:19; 119:1,3,14; 132:19; 178:4; 187:17 ; 210:5; 218:22; 236:21 things 32:14; 37:8; 47:21, 22; 74:20; 103:23 ; 104:14 ; 108:1; 111:16,23; 118:19 ; 122:21; 129:9; 171:7; 176:4; 181:13 ; 203:14,20; 230:21; 240:23; 243:21 thinking 134:23 thinks 42:3; 81:8 third 66:23; 97:21; 98:11; 101:6; 120:11; 175:10,15; 222:19 Thirteen 146:19 thirty 15:17; 214:7; 215:22; 248:15 Thirty-Four 226:20 Thirty-one 219:19; 220:7 Thirty-three 225:10 Thirty-two 222:5; 225:6 thoroughly 81:14 though 108:18; 134:21; 203:3 threat 26:3 threats 53:7 three 8:14; 71:12; 72:15; 79:16; 95:4; 111:11; 118:4,15; 147:4; 152:15; 167:15; 176:6; 18 0:19 ; 181:11; 187:15; 189:7; 191:6; 192:3; 203:20; 233:5; 237:9 threshold 142:15,18; 143:12,13 thresholds 143 : 6 throats 222:22 throughout 79:5; 221:10; 223:20 thrust 226:14 tiny 137:21 tissue 57:18; 58:17; 67:19 title 61:17; 95:16; 97:11; 99:20 titled 95:18 today 5:2; 6:6; 23:8; 27:20; 30:22; 62:22; 63:17; 92:4; 104:12; 110:22 ; 115:10; 135:17; 141:23; 176:16,17,19 ; 177:2; 182:22; 183:3,7,22; Page 40 198:18 ; 225:1; 228:15; 245:8 today's 183:3 together 7:20; 74:11; 156:9; 157:13 tolerate 44:1 tone 241:21 tonsillectomi es 24:2 took 8:16; 180:10; 186:11 top 61:18; 97:12; 106:17; 167:2; 170:9; 173:15; 199:18 ; 206:22; 207:4 total 12:9; 18:7; 148:14, 19 totality 93:7; 108 : 4 totally 175:12; 226:16 touching 250:8 tough 229:12 towards 217:8 town 6:13; 65:21 tox 219:7; 223:21 toxic 52:10; 89:10; 92:15; 101:9; 107:12 toxicity 71:15; 97:12; 99:21; 100:6; 106:14; 108:21; 127:1 toxicological 71:23; 122:8; 211:14 toxicologist 234:11 toxicology 94:8; 212:3, 18,21 tracking 233:16 trade 61:21 transcript 248:9.5,11, 15.5 WATER PCB-SD0000040777 PIERLE.TXT transfer 15:3 transferred 17:12; 20:7 treat 54:6; 99 : 2 treated 52:21; 100:20 treatment 209:12 trend 202:9 trial 4:15 trichlorphenol 69:13; 70:18 trick 114:8 tricks 199:12 tried 50:22; 53:4; 112:2 trigger 147:20 triggered 137 : 2 trouble 72:4, 22; 211:17 trousers 101:12 true 54:12,13; 55:23; 57:8; 59:13; 61:6; 66:22; 67:9, 14; 87:6; 91:1,3; 98:9; 99:22; 123:15; 157:11; 161:16 ; 179:13 ; 185:12 ; 189:5; 201:6; 231:8; 243:21; 244:3,5; 250:11 trust 168:21; 169:23 truth 169:22; 208:12; 221:12,18; 250:7.5 try 38:6; 63:8; 119:20; 127:11; 154:16; 162:3; 167:19 trying 10:3; 11:18; 19:12; 21:15; 24:12, 18; 30:9; 34:16; 41:3; 43:14; 63:16; 64:3; 114:8; 124:6; 141:1; 176:1; 177: 14 ; 188:2; 190:6; 221:11,12 tumor 217:8, 15,18; 219:8 tumorigenic 216:20,23; 217:1,7,14, 21; 218:2,7, 22; 219:14 tumorigenic' 220:18 tumors 217:2, 3,11; 218:5, 12; 219:10; 221:4 turn 45:7; 237:15 turned 162:16 turns 38:22; 72 : 19 Twelve 139:8; 152:16 twenty 101:17; 103:2; 191:9 twenty-five 210:1 twenty-four 67 : 8 Twenty-nine 212:8 Twenty-One 191:23 Twenty-Seven 207:21; 220:3 Twenty-six 206:18 twenty-three 189 : 6,7 ; 204:8; 233:5 Twenty-two 200:9,22 twice 225:19 two 16:10; 19:3; 20:14; 31:12,14; 47:21; 62:18; 64:6,20; 68:8; 81:3,7; 99:11; 109:5; 125:4; 126:15; 159:5,13 ; 179:5; 181:13 ; 194:12 ; 203:19; 216:7 type 90:15; 97 : 17 types 33:12; 43:22 typically 20:22; 21:8; 51:16,20; 53:8; 88:14; 127: 13 ; 196:6,8; 207:4; 219:5 U ubiquitous 138:17,19,21 ulcerations 66 : 3 unaware 175:13 uncommon 172:12 unconscionable 214:19; 215:13 under 42:20; 44:14; 52:10, 12,14; 70:16, 19; 97:11; 110:11; 115:9; 143:23; 144:19 ; 153 : 13,14 , 15; 167:5; 170:10; 178:20; 182:22 ; 187: 18 ; 196:23; 197:22; 198 :23 ; 224:2,3; 248:14.5; 2 5 0:9 underclothes 101:13 underlined 125:13; 225:18 underneath 170:15 understand 7:16; 10:15; 12:15; 13:10, 13; 19:2; 21:15; 27:14; Page 41 29:18; 32:5; 34:17; 36:11, 15; 45:1; 48:1,10; 49:13; 56:1, 17; 57:14; 58:2,3,7; 69:8; 81:6; 93:3; 107:10; 108:19,22 ; 109:2 ; 111:10; 113:23; 115:20; 119:8; 122:6, 7,10; 123:16; 125:3; 182:10; 190:7; 229:2; 244:18 understanding 21:3; 48:3; 55:14; 67:21; 79:6; 92:23; 103:19 ; 105:2; 135:11; 138:8; 186:2; 211:12; 212:4; 213:6, 18; 217:10; 229 : 4 understands 87 : 10 understood 28 : 10 undertake 32:4; 245:7 undertaken 244 : 6 undesirable 194:19 ; 197:18 undue 82:6 unilateral 245:20 unit 104:11; 155:13; 227:3 United 48:12; 49:11,14; 50:7; 54:15; 55:11; 137:19,20; 139:4 ; 140:13,17 ; 141:2,7 units 115:21 unless 43:3; WATER PCB-SD0000040778 PIERLE.TXT 181:23; 204:23; 230:4,5,7 Unlike 55:19 unlined 244:17 unnecessary 85:12; 86:23 unsafe 47:15; 90:16; 185:4 unsuspecting 189 : 8 until 22:6; 31:4; 33:13; 41:15; 45:9; 68:3; 189:1, 11; 204:23; 212:19; 213:2; 222:20 unusual 170:22 ; 171:4,5,23; 172 : 6 up 9:3; 11:13; 31:15; 35:7, 8,14; 36:7, 19; 39:13; 41:4; 47:20; 55:5,11; 57:21; 58:1; 59:12; 60:18; 63:10; 77:9; 102:5; 116:2; 126:17; 127:21; 143:9; 144:10; 149 : 2 3 ; 157:22; 159:2; 162:5, 18; 163:13; 166:19; 168:1; 170:9; 173:4,15; 176:1; 177:14 ; 179:17; 193:21; 197:20; 198:9,20; 199:18; 201:8; 203:19 ; 209:8; 210:16 ; 214:15; 215:5; 223:9; 239:6,21 upset 69:10; 113:19; 151:11 useful 48:5 using 31:6; 80:23 usual 5:20; 13 : 5 utilization 224:21 utmost 62:4 V V. 251:3 value 8:10; 15:23; 16:1, 8; 185:23 values 32:12, 13 variety 47:12 various 171:6 vehicle 197:5 vented 154:9 versus 5:8 vertigo 66:11 via 79:14,19 viability 121:5 vice 6:21; 7:6; 9:9; 22:13; 23:8; 52:23; 91:5; 150 : 2 vicinity 14:13; 45:14 VIDEO 1:19; 248 : 21.5 Videographer 3:10.5; 5:2 VIDEOTAPED 1: 11 view 15:11,18; 22:16; 51:23; 53:19,20; 122:4; 168:18 ; 177:6; 224:9 viewed 7:21; 25:1 viewpoint 86:1 views 53:23 violate 196:9 violated 169:23 virtually 196:17 virus 68:1 visit 175:1 visited 106:8; 130:18; 174:12 volable 155:22 voluntarily 132:14 VS 1:6; 2:6 vulnerable 121:19; 122:1,13,14, 15 W wait 63:18; 232:18 waive 82:1,3 waived 4:20; 76:20; 77:2, 7; 250:10.5 wanted 13:19; 86:21; 106:12; 116:19; 117:8; 167:11,22; 187:21 wants 85:23; 168 : 7 war 102:7,8, 11, 18 warm 40:4,5; 62 :10 warn 41:5,13, 17,23; 44:13; 45:12,13 warning 100:6; 238:16; 239:5,18; 240:19 warranted 36:17; 245:18 wash 98:17 waste 110:1; 125:15; 126:6; 132:8; 209:11; 237:8 watch 202:4 water 62:10; 108:13; 12 0:12 ; 122:2,16; 132:9; 136:9, 10; 137:1,6, 10; 154:13; 163:3; 165: 12; 167:18 ; Page 42 168:5; 173:2; 174:14; 178:17,21; 179:7; 181:20; 186:13; 235:16; 237:8 waters 188:22; 226:4 way 12:19; 15:5; 22:16; 23:15; 33:4; 38:4; 74:13; 84:21; 104:17 ; 115:8,9; 119:9; 120:15,23; 122:18 ; 127:13 ; 134:12 ; 139:17 ; 142:11; 145:16; 147:9; 156:23; 157:2; 161:9; 167:5; 168:14; 179:14; 185:13; 187:18 ; 190:8; 193:5; 196:16,18; 198:10,23; 201:7,20; 203:1; 216:17; 225:17; 248:17.5 ways 76:7 Weatherly 146:23 weave 157:13 Wednesday 191:11,14 week 67:12; 89:6; 202:7 weekly 208:21 weeks 68:8; 192 : 3 weight 108:2 weights 237:10 welcome 63:1,2 welts 66:2 Westinghouse 82:11,16,23; 83:21; 84:19, WATER PCB-SD0000040779 PIERLE.TXT 22 whatever 13:16; 20:10; 37:9,20; 59:9; 78:10; 121:9; 140:16; 142:9; 190:18; 227:21; 228:14; 241:13 Wheeler 87:20; 88:1,5,12; 119:2,15; 139:21 When's 133:5 whereby 57:17 WHEREOF 250:17.5 wherever 102:17 whether 14:15; 28:12; 31:18; 36:12,13,14; 39:5; 45:21; 47:9; 48:16; 56:16; 57:1; 59:4; 64:8; 71:11; 72:7; 76:12; 78:21, 23; 79:14,18; 94:11; 100:1; 104:4; 111:6; 112:18; 113:1,23; 121:7; 143:3, 8,17,18; 148:2 ; 149:22; 153:2; 159:5, 17; 163:7; 165:10; 183:12; 198:23; 204:12; 213:5; 218:9, 18; 219:10; 229:2; 235:15; 237:21; 238:11; 246:4 White 3:7; 193:14,19; 194:15 ; 195:8; 197:15 ; 248:5.5 Who's 181:6 whole 48:10; 93:4; 137:2; 142:14; 178:1,3 whom 146:23 widespread 75:5; 128:15 wife 113:8 wildlife 116:6; 117:13,14 will 5:14; 12:15 ; 13:12 ; 43:23; 54:18 ; 75:23; 76:3, 12; 77: 5,16, 17; 109 : 10; 116:1; 119:12 ; 120:2; 126:23; 127:4; 140:6; 143:22; 144 : 5; 146:23; 167:19; 195:13, 21; 210:16; 220:13; 222:21; 226:5; 245:13 willful 46:13 William 95:21 willing 184:6; 185 : 8 wind 210:16 wire 67:5 wise 236:21 wish 224:22; 248:11 withdrew 48:11 within 2:17.5; 25:21; 32:15; 33:10,11; 34:22; 68:8; 133:22; 164:1; 227:2, 12; 250:3.5 without 38:3; 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