Document O3wmymMbJv1DkBmzpdDqOvxKp

STATE OF ALABAMA IN THE CIRCUIT COURT OF CALHOUN COUNTY SABRINA ABERNATHY, et al. , versus Plaintif f s, MONSANTO COMPANY, et al., CIVIL ACTION NUMBER CV-96-269 (Consolidated) De f e ndant s . / DEPOSITION OF JERRY HOPPER The-deposition of JERRY HOPPER, was taken before Deborah Salers Garrett, Certified Shorthand Reporter, Registered Professional Reporter, as Commissioner, commencing at 10:10 a.m. on January 15, 1999, by the Plaintiffs, at the law,offices of Merrill, Porch, Dillon & Fite, Suite 500, SouthTrust Bank Building, 1000 Quintard Avenue, Anniston, Alabama, pursuant to the stipulations set forth herein. Regional Reporting Service, Inc. 755 Walnut Street Gadsden, Alabama 35901-0755 HARTOLDMONO014491 2 1 APPEARANCES 2 For the Plaintiffs; 3 CHARLES CUNNINGHAM, Esq. Morrissey Building, Suite 200 4 304 West Liberty Street Louisville, Kentucky 40202 5 For the Defendants: 6 D. MARSH PRAUSE, Esq. 7 SMITH, HELMS, MULLISS & MOORE, LLP P. O. Box 21927 8 Greensboro, North Carolina 27420 9 ARTHUR F. FITE, III, Esq. . MERRILL, PORCH, DILLON & FITE 1 0 P. O. Box 580 Anniston, Alabama 36202 11 12 13 INDEX 14 Stipulations 15 Reporter's Certificate 16 Page 3 67 17 1 8 E' XA. _ . M. IN. AT, IONS 1 9 Witness: JERRY HOPPER Page 2 0 By Mr. Cunningham 4 21 22 No exhibits were marked for 2 3 offered or attached as exhibits hereto. REGIONAL REPORTING SERVICE, INC. HARTOLDMONO014492 3 1 STIPULATIONS 2 3 IT IS STIPULATED AND AGREED by the 4 parties, through their respective counsel, 5 that the deposition of JERRY HOPPER, may be 6 taken before Deborah Salers Garrett, CSR, RPR, 7 as Commissioner and Notary Public, Alabama at 8 Large, at Anniston, Alabama, on January 15, 9 1999, at 10:10 a.m. 10 1 1 IT IS STIPULATED AND AGREED that it 12 shall not be necessary for any objections to 13 be made by counsel to any questions except as 14 to form or leading questions and that counsel 15 may make objections and assign grounds at the 1 6 time of trial or at the time said deposition 17 is offered in evidence or prior thereto. 18 19 IT IS STIPULATED AND AGREED that notice 2 0 of filing by the Commissioner is waived. 21 22 23 REGIONAL REPORTING SERVICE, INC. HARTOLDMONO014493 4 1 STATE OF ALABAMA, ANNISTON. JANUARY 15, 1999 2 3 JERRY HOPPER, 4 after having been first duly sworn, was 5 examined and testified as follows: 6 7 EXAMINATION 8 BY MR. CUNNINGHAM: 9 Q. Sir, my name is Charlie Cunningham. I'm 1 0 here today to ask you some questions to 1 1 find out what factual knowledge you may 12 have that will help the parties in some 1 3 litigation here in Calhoun Circuit 14 Court. I'd like you to start off, 15 please, with an easy one, and give us 16 your full name, please. 17 A. Jerry Owen Hopper. 1 8 Q. And where do you reside, Mr. Hopper? 19 A. I live in Ohatchee, Alabama. 2 0 Q. And where is Ohatchee, Alabama? 2 1 A. It is twenty-seven miles northeast of 22 Anniston, between Anniston and Gadsden. 2 3 Q. Is that still in Calhoun County? REGIONAL REPORTING SERVICE, INC. HARTOLDMONO014494 5 1 A. 2 Q. 3 4 5 A. 6 Q. 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 Yes, it is. Before we get into this very deeply, I want to point out a couple of things. Have you ever been deposed before? Yes, I h ave. So you know the rules of the road, then. A couple of particular things with respect to me, habits that I have, I want to be sure you are aware of. Number one, I have a bad habit of cutting people off in the middle of an answer. You will start saying something to me, and I will have this flash of what I think is brilliance and want to ask another question, and you won't have been able to finish your answer. We want this lady to get your entire answer down. So if I do that, please let us know and complete your answer. A second habit of mine, I will ask a question that I will sound just like I know exactly what I'm talking about, and you will think, "He doesn't know what he REGIONAL REPORTING SERVICE, INC. HARTOLDMONO014495 6 1 2 3 4 5 6 A. 7 Q. 8 9 A. 1 0 Q. 11 12 A. 13 14 Q. 15 16 A. 17 Q. 18 A. 19 2 0 Q. 2 1 A. 22 2 3 Q. is talking about." And you are probably right. So if you want to ask a clarifying question or I have confused you, please let me know. Don't assume I know what I'm talking about. Okay? Al1 right. Great. How long have you lived in Ohatchee ? Fifteen years, a little over fifteen. What is the actual address up there in Ohatchee ? 85 Ty Place Road. 36271 is the ZIP code . Okay. And how long -- Before that did you live in Calhoun County? Yes. And where were you prior to that? I lived in Coldwater, community known as Scenic Heights. And how long did you reside there? I lived in Scenic Heights for seven years. And before that where were you? REGIONAL REPORTING SERVICE, INC. HART OLDMONO014496 7 1 A. 2 3 Q. 4 5 A. 6 Q. 7 8 A. 9 1 0 Q. 1 1 A. 12 13 14 Q. 15 A. 16 17 1 8 Q. 19 20 21 22 23 A. I was raised in Coldwater, about four miles from there. Okay. So that would have been your childhood home? Yes. Have you lived in Calhoun County all yourlife? Except for a short period when I went to Texas for several months. Okay. Where were you in Texas? I lived in a community known as North Richland Hills in the Fort Worth-Dallas area . What took you to Dallas? Work with apharmaceutical firm out of Shreveport, Louisiana, known as Rucker Pharmacal. We ' 1.1 come back to that in a moment. All right. And do you have relatives who would be above the age of nineteen and therefore potential jurors who reside in Calhoun County? Yes, I do. REGIONAL REPORTING SERVICE, INC. HARTOLDMONO014497 8 1 Q. 2 A. 3 Q. 4 5 A. 6 Q 7 A. 8 9 Q. 10 A. 11 Q. 12 13 14 15 A . 16 17 1 8 Q. 19 A. 20 2 1 Q 22 2 3 A. A lot or a few? Very f ew. ' Okay. Could you tell me who those folks are, please? My brother, Joel Hopper. Okay . An aunt and uncle, A. D. Holmes and Gladys Holmes. Okay . And another aunt, Mailande Sprayberry. Very good. Do you have any particular church, social, or civic affiliations here in the community where you regularly attend or visit? My membership is still at New Haven in Coldwater. I don't attend regularly there since we have moved to Ohatchee. Clubs or -- I'm a member of the Lion's Club of Ohatchee. Okay. I'd like to get your education starting with high school. I graduated from Walter Wellborn High in REGIONAL REPORTING SERVICE, INC. HARTOLDMONO014498 9 1 2 Q. 3 A. 4 5 Q. 6 A. 7 8 9 10 1 1 Q. 12 1 3 A. 14 15 Q. 16 17 1 8 A. 19 Q. 20 2 1 A. 22 23 '63. Okay. I attended three years of university at Jacksonville State. Uh-huh (indicating yes). And I've had advanced training and continuing education courses from seven or eight major universities and about twelve or fifteen independent advanced training organizations. What was your course of study when you were at Jacksonville? Started off med tech and went on to major in biology and minor in chemistry. Okay. And were the years you were at Jacksonville State like '64, '65, and '66? Yes.. And I assume you didn't finish because you were working? My father died, died with cancer, and I had a family of four still at home to support. And I worked three jobs REGIONAL REPORTING SERVICE, INC. HARTOLDMONO014499 10 1 2 3 4 Q. 5 6 7 8 9 A. 10 11 12 13 14 15 16 Q. 17 18 A. 19 20 21 22 23 actually the last semester I attended school and haven't been able to get back to finish. Okay. Let me get your occupational history starting with whatever work you might have done while you were in college. You mentioned you worked some back then. Right. I worked with A and P Tea Company as a stock clerk while I was in school. I also worked with Franklin Box and Crate Factory. Those were part-time positions. And I also worked with Anniston Foundry in the palletizing department on night shift. Okay. And what did you do after those jobs? I went from Anniston Foundry to Monsanto in '68. And except for the short period of time in '72 that I was away from Monsanto, I have been there, which is of course Solutia now, for the rest of the t ime . REGIONAL REPORTING SERVICE, INC. HARTOLDMONO014500 11 1 Q. 2 A. 3 Q. 4 5 A. 6 7 8 9 10 11 12 13 14 15 16 17 1 8 Q. 19 2 0 A. 21 22 23 Q. Are you still employed there? Yes, lam. Tell me about your brief sojourn to Texas in 'll. We had a force reduction at the plant that I thought I would be impacted by. And I had an opportunity to go to work with a pharmaceutical firm out of Shreveport, Louisiana, through a placement agency out of Birmingham. And I went ahead and took that opportunity before I -- I thought I would be laid off in the force reduction, so I went ahead and took that opportunity and was there about three months and came back and went back to work with Monsanto shortly thereafter. What did you do for -- Was it Rucker Pharmaceutical? I was what they call a detail person. I called on clinics, doctors' offices to detail their drugs and medications. Okay. REGIONAL REPORTING SERVICE, INC. HARTOLDMONO014501 12 1 A. 2 Q. 3 4 5 A. 6 7 8 9 10 11 Q. 12 13 14 A. 15 16 17 18 1 9 Q. 20 21 22 23 A. Sales representative, actually. Was there a particular product that you remember that you were -- that they were really hot with in '72? Their biggest thing was a medication called Ruverg that was a treatment for vertigo and dizziness that they had patented a particular composition. And it was supposed to be exclusive to their company. That was their big thing. And you were just unhappy with that or anxious to get back to Alabama, or what brought you back so soon? Well, my family was not pleased with the relocation, and of course I was really not pleased after I got involved in the company. And I was not pleased with the work- either. Okay. You said you had been deposed before. What kind of circumstances have you previously been involved in where you gave deposition? It is in actually a property line REGIONAL REPORTING SERVICE, INC. HARTOLDMON0014502 13 1 2 3 4 Q. 5 A. 6Q 7 8A 9Q 10 A 11 Q 12 13 14 15 16 17 18 19 20 21 22 23 dispute involving a public street and right of access and use of that public street. Is that here in Calhoun County I assume? Yes, it is. What was your role in that particular dispute? I was the plaintiff in the case. Okay. Did you testify? Yes . Have you had any contact with the plaintiffs in this case? I realize there are about three thousand of them these days, but to your knowledge -- Not to my knowledge, not any of them I know . I want to talk for a moment here, before we g"et into the specifics of your career with Monsanto, about what you may have done to prepare for today. Have you spoken with anyone about your recollection or what you might testify about in the case? REGIONAL REPORTING SERVICE, INC. HARTOLDMONO014503 14 1 A. 2 3 4 Q. 5 A. 6 7 8 Q. 9 10 11 12 13 14 A. 15 16 17 Q. 18 A . 19 Q. 20 21 22 23 I had a brief meeting with Hr. Fite and Mr. Prause yesterday. Other than that, there has been nothing. Okay. What did you discuss? Well, I regard that as attorney-client privileged information, as to what we talked about. Okay. I really wasn't wanting details so much as topic. I assume you didn't talk about Alabama football versus Auburn football, but you talked about what you might testify about at the trial. It was mentioned some things that might possibly be brought up but nothing specific or particular. All right. Did you review anything? No , J did not. I ' m going to as sume, based on the fact that you didn't review anything and you only spoke with Arthur and Mr. Prause, that everything you are going to tell me today is based upon your independent REGIONAL REPORTING SERVICE, INC. HARTOLDMON0014504 15 1 2 A. 3 Q. 4 5 6 7 8 9 10 11 12 13 14 A. 15 Q. 16 17 A. 1 8 Q. 19 20 2 1 Q. 22 23 recollection. That's correct, yes. If at any point you tell me something and it is based on anything else, I'd just like for youto tell me. I'd still like to know it, but I would like for you to clarify it that I remember so-and-so said such-and-such. And if there is anything you think of where you say I would like to see this first or this is something I could go look at to help me answer that question, I'd like to know that too. Okay? Yes, sir. I take it you didn't bring anything with you today? Nothing except a jacket. Okay. That's the way to go to depositions. MR. PRAUSE: Good day for that. Do you have anything at home that would relate to your career at Monsanto? You mentioned, for instance, you got a lot REGIONAL REPORTING SERVICE, INC. HARTOLDMONO014505 rr' '-v' 16 1 2 3 4 5 A. 6 Q. 7 8 A. 9 10 11 12 1 3 Q. 14 15 16 17 18 19 A. 20 21 22 23 of advanced training over the years at yarious institutions. Would you perhaps have at home documents that you may have acquired in that particular process? No. All of that would be in my office. Okay. Do you have an understanding of what you will testify about in the case? Well, I'm not -- I don't know everything you will ask me, but I have a fairly reasonable understanding of my knowledge of what I have and what I anticipate you might possibly ask. And that is what I'm curious about, because you were listed as a prospective witness. I'm just curious about what you know that might -- Obviously I will go into greater detail, but what do you know' that might be germane to the case? Well, I'm a thirty-year employee with Monsanto and now Solutia and have been involved in the environmental aspect of the business to a degree in the last several years. So I do have some REGIONAL REPORTING SERVICE, INC. HARTOLDMON0014506 17 1 2 Q. 3 4 5 6 A. 7 8 9 10 1 1 Q. 12 13 14 A. 15 1 6 Q. 17 18 1 9 A. 20 21 22 23 knowledge. Well, let's go through your work history there at Monsanto, now Solutia, and starting back in -- If I do the math right -- roughly 1967. '68. I began employment with Monsanto in February of '68, material handling group. I applied for a job in the laboratory and went to work as a laboratory analyst in November of '68. All right. Let me stop you first. What did you do in the material handling group ? I helped load trucks. It was part of the shipping department. Okay. And you applied and then got accepted in November 1968 to the laboratory ? Yes, sir. I actually had applied for the laboratory position, and they didn't have one available. That is why they gave me an opportunity to work in material handling until something came REGIONAL REPORTING SERVICE, INC. HARTOLDMONO014507 18 1 2 3 Q. 4 5 A. 6 Q. 7 8 9 A. 10 11 12 Q. 13 14 15 16 17 18 19 A. 20 21 22 23 available in the lab. The initial application was for a lab position. Did that job have a title as you recall, like lab technician? Laboratory analyst. Okay. And what were your responsibilities as a laboratory analyst in 1968? I did quality control and quality assurance work on the products there at the facility. Can you give me some examples? We took a Mr. Madison yesterday. He was telling us about the different kinds of samples he remembered and equipment he remembered using. He was in the lab I guess before you back in the late '50s. What do you recall using in *68, '69? Well., we had the standard equipment such as pH meters and those kind of units to do regular wet chemistry with. We also had a limited quantity of some chromatograph capability. We had a :l REGIONAL REPORTING SERVICE, INC. HARTOLDMON0014508 19 1 2 3 4 5 6 7 8 9 1 0 Q. 11 12 A. 1 3 Q. 14 15 16 17 A. 18 19 20 21 22 23 small -- what we call a galmac chromatograph that we did percent alcohol on thioacid and percent chlorination or percent chlorine on chlorinated thioacid. And on the Aroclors we had electrical property meg-on bridge, DK, dielectric constant unit. And that's about all I remember at this point in time. Okay. Were you kept busy, I assume, in that particular task, analyzing stuff? Yes. And give me a typical day to the extent there was such a thing as a typical day. What kind of samples were you analyzing, and what were you looking for? We were analyzing -- We did quality ass u*r ance on the finished goods and also production phase analysis to track, you know, any trends or potential problems in the processes. So we would get -- At different intervals during a shift we would get process samples. And then at REGIONAL REPORTING SERVICE, INC. HARTOLDMONO014509 1 2 3 4 5 Q. 6 7 8 A. 9 10 11 12 13 14 Q. 15 16 1 7 A. 18 19 Q. 20 2 1 A. 22 Q. 23 the point of the product being finished, we would get a finished goods sample to go a complete analysis for quality control. Were you the person in the lab when you were there, or were there more than just yourself when you would be on a shift? Over the period of time it has been both ways. There was for a time that we had single analysts or technicians, and then there was a time that we had shift partners, at least two and sometimes even three to a shift. It was my sense from Mr. Madison that there was always somebody in the lab at all time s. Yes, yes. The lab was manned seven days .* a week, twenty-four hours a day. Three hundred sixty-five days out of the year? Right. Because the plant never fully shut down as I understand it. REGIONAL REPORTING SERVICE, INC. HARTOLDMONO014510 21 1 A. 2 Q. 3 4 5 6 A. 7 8 9 Q. 10 11 12 13 14 A. 15 1 6 Q. 17 18 19 20 21 22 A. 2 3 Q. Not totally. And do you remember if the lab that you were working in took samples then from the entire plant, or was it devoted to some particular department? We took samples in from the entire plant or any place in the plant where it was required to be sampled. In other words, it wasn't just the Aroclor department or the organic versus agricultural division? The whole plant would send stuff to the facility you were running? Right. We had one laboratory for the facility. What about that facility, that laboratory, versus outside vendors or even other people within the Monsanto company? Do you remember having any role to play with respect to samples being sent out? Not to my recollection. Okay. Let's -- Did you have a REGIONAL REPORTING SERVICE, INC. HARTOLDMON0014511 22 1 2 A. 3 Q. 4 A. 5 6 7 Q. 8 9 A. 1 0 Q. 11 12 1 3 A. 14 15 16 17 18 19 20 2 1 Q. 22 A. 2 3 Q. supervisor? Yes. Who was that? Mr. Bud Kemp when I first went to work as an analyst, and then Mr. Gene Arnett my last several years in the laboratory. Okay. And I assume you had no one working under you that -- No, no. Okay. What training if any did Monsanto give you as a labanalyst prior to your taking on that particular task? Well, the standard training that they do, and they later had sent me to Chromaski11s, Incorporated, which specializes in capillary GC training and that kind of thing. But the initial training, as best I recollect at the time, it was a tape or a video type course and then some hands-on. And that was done there at the plant? Yes, it was. And do you recall how intensive or what REGIONAL REPORTING SERVICE, INC. HARTOLDMON0014512 23 1 2 3 A. 4 5 6 7 8 9 Q. 10 11 12 13 14 15 16 17 1 8 A. 19 20 21 22 Q. 23 the duration of that training might have been ? Well, it was quite intensive. And once you had the preliminary, you went on shift with an analyst and worked with them to train through all the methodology before you were ever released on a shift on your own. Would I be correct in assuming you that got pretty much the same kind of samples all the time? In other words, it wasn't like one day they would send you one type of thing, and the next day there would be something totally different? In the course of a week you would see the whole range of samples you are going to see over the entire year? Yes.' The processes were fairly consistent, and it was different process points that they sampled, so you would normally see routine samples. You mentioned briefly that after the initial training and I guess after you REGIONAL REPORTING SERVICE, INC. HARTOLDMON0014513 1 2 3 4 5 6 7 A. 8 9 Q. 10 A. 1 1 Q. 12 13 A. 14 Q . 15 A. 1 6 Q. 17 A. 18 19 20 2 1 Q. 22 23 maybe were already up and going as an analyst they sent you to an outside vendor who trained you in a particular process that they specialized in. I didn't catch that. What was the name of that? It was Chromaski11s, Incorporated, a firm out of Baton Rouge, Louisiana. Did you actually go toBaton Rouge? Yes, I did. Do you think that would have been in '68, or would that have been more -- It was later, much later than '68. '69, '70, It was in the early '70s. And they specialized in capillary -- Capillary GC, troubleshooting. They had several different courses, but troubleshooting and capillary was the courses I took. Okay. Any other course work that you can remember doing either at Monsanto in-house seminars -- By in-house I don't _________________________________________________________________________ I REGIONAL REPORTING SERVICE, INC. HARTOLDMON0014514 25 1 2 3 4 5 6 7 A. 8 9 1 0 Q. 11 A. 12 13 Q. 14 15 16 A. 17 18 19 2 0 Q. 2 1 A. 22 23 necessarily mean in Anniston, but they might have sent you to another facility that they had for a seminar or something where you might have gone to a university or just an industry association. Are you referring to early on in the career as an analyst, or are you referring to the duration of my career? Early on when you were a lab analyst. Basically that was the bulk of the outside training at that point in time. All right. And when did you move on from being a lab analyst to some other type ? I went from a lab analyst to a lab technician and then from that to a seni'or technician, which is a normal rate of progress. Doing the same kind of stuff? Doing the same kind of stuff, and then taking on some additional responsibilities. That is one reason REGIONAL REPORTING SERVICE, INC. HARTOLDMON0014515 26 1 2 3 4 Q. 5 6 A. 7 Q 8 9 10 A . 11 Q. 12 13 A. 14 15 16 17 Q. 18 19 20 A. 21 22 Q 23 for the course, troubleshooting and maintenance of the GCs and those kind of things. All right. So from there you went to lab tech and then to lab -- From a lab technician to a senior tech. And the significance of that primarily being you had more responsibility, more supervisory -- Yes, yes. Okay. Any idea of the time frame when these moves would have occurred? Say the technician promotion came in the mid to late '70s, and the senior tech promotion came in the early '80s. I'd say '82. Okay. And did Monsanto have other facilities, like a central laboratory, corporate laboratory, if you will? Yes. There was a lab, a research lab in St. Louis. Did you ever have any contact with that research lab in St. Louis? REGIONAL REPORTING SERVICE, INC. HARTOLDMONOQ14516 27 1 A. 2 Q3 A. 4 5 6 Q. 7 8 9 A. 10 11 Q. 12 13 14 15 16 17 18 19 2 0 A. 21 22 23 No . What about in Dayton, Ohio? There is a lab there. I'm not sure about the structure of it or what they do. Okay. Are you still considered a senior technician, or do you have a different title today ? No. In 1984 I moved into environmental as an environmental technician. Then before we go to that, let me ask you. In the time frame from '68 to maybe '82, whenever you moved on to environmental tech, were you analyzing any s amples in the laboratory that were waste streams? You mentioned process streams and product to make sure it was in s'pec. Do you ever recall having routine analysis of waste streams? We did routine analysis on the plant effluent and also some on the plant influent going to the waste treatment p1ant. REGIONAL REPORTING SERVICE, INC. HARTOLDMON0014517 28 1 Q. 2 3 4 5 A. 6 Q. 7 8 A. 9 10 11 12 1 3 Q. 14 15 16 17 A. 1 8 Q. 19 20 21 2 2 A. 2 3 Q. Mr. Madison talked about checking the PNP level that was going over to the activated sludge bed. Is that what you are referring to? Right. What other plant effluent streams do you recall doing routine checks on? We only had one -- There is only one plant effluent stream. It is monitored daily for pH. And then we did BODs, CODs, suspended solids, dissolved solids, those kind of things. Okay. And do you recall doing that from the start of your career, or do you have an idea of when y'all started doing that ? We were doing that when I first started. Now,'what would happen if somebody brought you a sample of product and it wasn't within spec? Let me ask. Did that ever happen thatyou can recall? Yes, yes. What would happen? REGIONAL REPORTING SERVICE, INC. HARTOLDMONOQ14518 29 1 A. 2 3 4 5 6 Q. 7 8 9 1 0 A. 11 12 13 Q. 14 A. 15 16 Q. 17 1 8 A. 19 Q. 20 21 22 23 We would notify our quality assurance supervisor or laboratory supervisor that it was not in specification. They would communicate with the department supervisor to notify them. So you don't know as a practical matter what would happen to the product? You just passed along the information that this batch wasn't in spec? Well, it would be reworked or whatever was necessary to bring it within Okay. Returned to the process or whatever needed to be done. Never had a batch that got so bad you just had to toss it and start over? Not `to my knowledge. What about your process samples? I assume occasionally those weren't where you would like them to be. Again, you would just pass that information on to the production team? REGIONAL REPORTING SERVICE, INC. HARTOLDMON0014519 * 30 1 A. 2 3 4 5 6 7 8 9 Q. 10 11 12 13 14 15 16 A. 17 18 19 Q. 20 21 22 23 A. Right. Well, to the production supervisor, and they would have a shift chief operator that was usually over each group, and they would communicate with the chief and make whatever adjustment was necessary with the process equipment or whatever to bring it in line with where it needed to be. And would I be safe in assuming that you were not trained in the production side of it to where we could sit here and have a discussion about what valves you fiddled with in the Aroclor department, for instance, to affect how that was manufactured? That's correct. I was in the laboratory at the time we were in that manufacturing process. Okay. What about with effluent, the plant effluent? If you found that out of spec, if that is the right phrase, what would you do about that? It would usually be related to a problem REGIONAL REPORTING SERVICE, INC. HARTOLDMON0014520 31 1 2 3 4 5 6 7 8 9 Q. 10 11 12 A. 13 14 15 16 Q. 17 18 19 20 2 1 A. 22 23 with the waste treatment unit, and we would notify the waste treatment chief and operator, and they would make whatever adjustments they needed to make. If it was something that couldn't be rectified immediately, possibly a process unit shut down until it was corrected. Now, you mentioned there was one plant effluent. Did everything go to the activated sludge treatment pond? We had everything from the north plant, PNP and parathion process units goes there. And now some streams from the south plant is directed there as well. In '68 were there not waste waters off, for instance, the Aroclor department that' went out of the plant other than -- without going through that activated sludge bed? We had an outfall on the east side of the plant, DSN 001, at that point in time. But I'm not sure what was in that REGIONAL REPORTING SERVICE, INC. HARTOLDMONO014521 32 1 2 Q. 3 4 5 6 A. 7 8 Q. 9 10 11 A. 12 Q. 13 A. 14 Q. 15 16 17 18 A. 19 20 21 22 23 stream at that point in time. The plant effluent that you tested daily for pH and BOD and total suspended solids and what have you, was the effluent going to the sludge bed? It comes from the treatment and goes to the POTW. Okay. So the point -- The sampling point for that effluent was downstream from the bed? Yes. Before it wentinto the POTW? Correct. So if in fact there were waste waters going out the east side of the plant, those were not being analyzed in the lab at least as of '68 and '69? I don't remember, to be honest with you, in '68 and '69. There were some front ditch analysis done, and I'm not sure of the time frame. But you know, there was some pHs. pH was regulated. And at one point in time there was benzene analysis REGIONAL REPORTING SERVICE, INC. HARTOLDMON0014522 33 1 2 3 Q. 4 5 6 A. 7 8 9 10 Q. 11 12 13 14 15 16 A. 17 18 19 2 0 Q. 21 22 A. 23 and some other work done on that particular stream. But you don't recall that being a daily thing, whereas you do recall daily checking that other plant effluent? Well, I do know they had a continuous monitoring device set up at that point. So there was daily samples taken on it, yes. And by that -- You say monitoring. This was just a sampler, continuous sampler, that would suck in water every so often and y'all would go get the water and take it to the lab? Or was it a probe that would monitor for instance pH? It monitored the flow. And then the pH and temperature was taken manually with a grab sample and monitored, to the best of my recollection. And were records maintained with respect to that flow? There were charts on the flow recorder, yes. REGIONAL REPORTING SERVICE, INC. HARTOLDMONO014523 34 1 Q. 2 3 4 A. 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 Q. Would those charts exist today somewhere vhere a human being could put his hands on them? Some of them could possibly be archived. MR. PRAUSE: Could I try to clarify something? I got confused. Were you talking about the flow from DSN 001, or were you talking about the flow from the activated sludge beds to the POTW? THE WITNESS: We have flow documentation on the effluent to the POTW, you know, that is readily available in reports. The DSN 001 unit that I understood you to be ' talking about was the ones that would be archived on charts that is relative to that particular flow measuring device. But I take it, then, that it is not like REGIONAL REPORTING SERVICE, INC. 1 HARTOLDMON0014524 o 1 2 3 4 5A 6 7Q 8 9 10 11 12 A 13 14 15 16 17 Q 18 19 A 20 Q 21 22 23 A the plant didn't realize stuff was going out there. They wouldn't have had a flowmeter there if they didn't realize stuff was coming out? We realized there was a stream there, yes. And you called the stream -- I mean, at the point you were sampling and keeping track of flow, that was one hundred percent water -- process water, waste water from the plant, was it not? Not necessarily waste water. It was - And not necessarily process water. It was steam condensate and some other contributing sewers and those kind of things. All water generated in the plant is what I'm .saying. Basically, yes. Okay. What about air sampling? Do you ever remember, when you were in the lab, running the analysis of the air? We had an H2S unit, recovery unit, and REGIONAL REPORTING SERVICE, INC. HARTOLDMONO014525 -r-z36 1 2 3 4 5 6 Q. 7 8 9 10 11 12 13 14 A. 15 1 6 Q. 17 18 19 20 21 22 23 we ran some samples that were brought in in glass bottles that were air samples from that unit. And that has been so long ago I remember very little about it . I've seen various documents that talk about sampling sediment and water for PCB in air, fish. And I wasn't sure if those were done in the laboratory or sent out. Do you have a recollection of analyzing those kind of media for Aroclor or PCB content in the '70s or '60s? Let me ask you to repeat that. You covered quite a bit there. That is another bad habit of mine. I have seen documents reporting Aroclor and PCB levels in fish and sediment and water and air taken from Anniston or points downstream. And I'm curious as to whether you recall those being analyzed in the laboratory or if by that not happening we could perhaps assume REGIONAL REPORTING SERVICE, INC. HARTOLDMONOQ14526 J/ 1 2 3 A. 4 5 6 7 8 9 10 Q. 11 12 A. 13 14 Q. 15 16 17 A. 1 8 Q. 19 A. 20 Q2 1 A. 22 23 they were taken somewhere else for that analysis; I am aware at one point in time there was a temporary trailer set up by our laboratory that some studies were done on fish tissue. The other samples I assume were contracted to outside laboratories because I don't recall doing any at our laboratory. And do you know who worked in that trailer? The two people I remember was Don Turner and Don Yates. Now, are Mr. Turner and Mr. Yates -- were they regular Anniston Monsanto emp1oy e e s ? Yes. They were laboratory technicians. Are they still out there? No. They are both retired. Do they live in Anniston? Mr. Yates lives in Oxford. I'm not sure where Mr. Turner lives at this point in time . REGIONAL REPORTING SERVICE, INC. HARTOLDMONO014527 oo 1 Q2 A. 3 Q. 4 5 6 7 8 9 10 A. 11 12 1 3 Q. 14 15 A. 16 17 18 19 Q. 20 2 1 A. 2 2 Q. 23 When is the last time you saw Mr. Yates? About three weeks ago or so. He is still kicking, anyway. All right. Let me take you forward then from your time frame as a lab technician and eventually a senior technician to what you became next. What was the next title that you held out there ? In '84 I began working with the environmental group with Mr. Bob Cheever as an environmental technician. Okay. And did you at that point cease laboratory analysis, I assume? No. I actually increased to some degree. I went from the quality control, quality assurance lab into the environmental laboratory. Okay. Now, when did the -- Is this a separate facility, separate room? Separate room. When did that separate room that you referred to as environmental control REGIONAL REPORTING SERVICE, INC. HARTOLDMON0014528 39 1 2 A. 3 4 5 6 Q. 7 8 A. 9 Q. 10 11 12 13 14 A. 15 Q. 16 A. 17 18 19 20 2 1 Q. 22 23 laboratory get created? It was in -- We began in '84 to gradually work toward -- It was actually about '85 when we had our GC set up and began in-house analysis there. So you literally were there at the formation of that? Yes. And was there new stuff that was done at that point in time, or did you take equipment that was running the samples already and put those pieces of equipment in the new room and -- No. We bought new equipment and set up. Were you doing new kinds of analyses? No, not new kinds. We were setting up, isolating from the quality control lab t o b ,e able to work at lower concentration levels and find lower concentrations. Were you having trouble with false positives on your tests because of just ambient levels of stuff in the QC/QA REGIONAL REPORTING SERVICE, INC. HARTOLDMONO014529 40 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2 0 Q. 21 22 23 lab? No, not really. We were aware that -- The environmental, we were looking for low concentrations, and it certainly didn't make sense to be conducting that work in an area in the same lab where you were looking for assays of purity, high concentrations. So we separated the two for those reasons, the different levels we were interested in. What kind of assays do you recall running in the environmental lab? We didn't do assays as such in the environmental lab. We did concentration levels of -- Our basic setup there was geared toward our ground water program. And I operated GCs in there specifically for the identification of basically parathion and PNP in water. I can recall seeing a lot of analyses reported out for ground water collected in that program. And as I recall, you all were -- had a ground water control REGIONAL REPORTING SERVICE, INC. HARTOLDMONO014530 41 1 2 3 A. 4 Q. 5 A. 6 Q. 7 8 A. 9 Q. 10 11 A. 12 13 14 15 16 Q. 17 18 19 20 21 2 2 A. 23 Q. program both with the south landfill and the west landfill. Is that not correct? Yes. And you looked at samples from both? Yes. Y'all worked that stuff in-house as opposed to sending it out? For the PNP and parathion, we did, yes. Was there something that you sent out that you didn't do in-house? We had -- In the '80s we had sent out some samples occasionally for Appendix 8 and Appendix 9 rounds of analysis, things we did not have the capability of doing there in our lab. That is what I was going to say, I didn't see PCB or Aroclor being looked for very often in those samples. I take it that wasn't something y'all looked for on the routine ones that you did in-house? No. Was that something that was looked at REGIONAL REPORTING SERVICE, INC. HARTOLDMONO014531 42 1 2 A. 3 Q. 4 5 6 A. 7 Q 8 9 A. 10 1 1 Q. 12 13 14 15 A . 16 17 Q. 18 A . 19 Q. 20 21 22 A . 23 when you sent these outside samples out? Not in the '80s, no. Given your response, I'm guessing they were looked for at some other period of time in the ground water. Recently, yes. And who did that? What lab looked for that ? Savannah Laboratories has done the majority of that work. And I realize Savannah Labs is probably based in Savannah, but I think they have various facilities around the southeast. Do you know which particular - Yes, the Savannah Laboratories is the ones I've worked with. In Savannah? Yes .? You say recently. When do you recall them first analyzing the ground water out there for possible PCB content? The best I recollect, it was in the early '90s, early to mid '90s, '93, '94 __________________________________________________________________________________I REGIONAL REPORTING SERVICE, INC. HARTOLDMON0014532 43 1 2 Q. 3 4 5 A. 6 Q. 7 8 A. 9 10 11 12 13 14 15 16 Q. 17 18 19 20 21 22 A. 23 Q. time frame, somewhere in that region. And do you recall what the sensitivity was with which they looked, what their detection levels were? Not right off. Do you recall if there were any positive hits? We saw some, yes, low concentrations. But, now, the PCBs is not in the ground water. The PCBs is -- In all places where there were low concentration hits, filtered samples indicate no detection limit at all. So it is not dissolved in the ground water. It is adhered to the solids, the sediments. Let me make sure I'm clear. Somebody would put a well in. And they would -ther-e are procedures for purging that well, bailing out so many well volumes before you analyze. You are familiar with that? Uh-huh (indicating yes). Then you take a sample. What you are REGIONAL REPORTING SERVICE, INC. HARTOLDMONO014533 44 1 2 3 4 5 A 6 Q. 7 8 9 A. 1 0 Q. 11 12 13 A. 14 Q. 15 A. 16 1 7 Q. 18 19 A . 2 0 Q. 21 22 23 telling me is if you filtered that sample first, you would get non-detect. But if they didn't filter it, they would find low concentrations? Yes. And that is a reflection of something not dissolved in the water but rather a suspended articulate? Adhered to the sediment. Okay. Do you recall if this was taken out of the south side or the west side or both? Samples were taken from both areas, yes. And did both have positive hits? I can't recall right off. to -- I'd have May have been one, may have been both, you .just don't remember? Ye ah . And I also have a recollection vaguely that the ground water regime out there has what I think they call the shallow aquifer and a deeper aquifer. Do you REGIONAL REPORTING SERVICE, INC. HARTOLDMON0014534 45 1 2 3 4 5 6 7 8 9 10 A 11 Q 12 13 14 15 16 17 18 19 20 A 21 Q 22 23 have any recollection as to which -- of how deep these samples were drawn from? Yes. They range anywhere from about twelve to fourteen feet down to as deep as three hundred feet. And do you know -- The ones that showed positive hits in the sediment of the samples, do you recall where they fall in that continuum? The shallow. Anything else you recall doing in terms of laboratory work since you got into the environmental lab aside from the ground water support? No. That was the basic thrust of my job. Did you have responsibilities historically other than maintaining that kind of laboratory support work? Not while I was in- the lab, no. ' At some point have you moved out of the lab since 1984 when you started as environmental tech? REGIONAL REPORTING SERVICE, INC. HARTOLDMONO014535 f `**V. * 46 1 A. 2 Q. 3 A. 4 5 Q 6 7 A. 8 Q 9 10 1 1 A. 12 13 Q. 14 A . 15 16 Q. 17 18 A. 19 20 2 1 Q. 22 A. 2 3 Q. Yes . Tell me when that occurred. That occurred in June of '97, I believe it was. Okay. And what did you move to in terms of -- I'm an environmental specialist. And what are your responsibilities and daily duties as a environmental specialist at Monsanto? I do work with hazardous waste management. Okay . I have responsibility of doing some RCRA and TOSCA training. Okay. And that would be of other Monsanto/Solutia Anniston employees? Employees, yes. We are currently on a CBT program, so my direct responsibility with that will reduce somewhat. CBT for? Computer based training program. And you say you worked with hazardous ____________________________________________________________________________________I REGIONAL REPORTING SERVICE, INC. HARTOLDMON0014536 47 1 2 3 A. 4 Q. 5 6 A. 7 8 9 10 11 12 13 Q. 14 15 16 17 A. 18 19 Q. 20 21 2 2 A. 23 waste management, in terms of like manifesting? Right. And your hazardous waste goes where thesedays? To Emelle, Chemical Waste Management at Emelle, our solid waste. Our liquid waste goes to -- Well, it did go to Rollins Environmental, who has been purchased by a different company now out of Tennessee, LaidLaw. So it will be going to LaidLaw. Now, are they disposing of that or recycling it? What is your understanding of what happens to your liquid hazardous waste? They are recycling, reclaiming some of it . ' What is, in a broad sense, the nature of the solid waste y'all send to Emelle these day s ? Anything generated out of our south plant. We have two roll-offs in the REGIONAL REPORTING SERVICE, INC. HARTOLDMONO014537 48 1 2 3 4 5 6 7 8 Q. 9 10 A. 11 12 13 14 Q. 15 16 A. 17 Q. 18 19 A. 20 21 22 23 plant unit, one for the south plant and one for the north plant. They are both designated as non-hazardous, non-regulated material. But we still ship them to Chem Waste. It is any spill, clean-up debris, or anything generated from either unit. Do you bother analyzing that stuff, or do you just send it on? Well, it had been initially analyzed and sent for profile identification for Chem Waste to generate a profile for it. But now we ship by that profile number. It is not routine any more to analyze each batch ? No, no. What kind of liquids are you sending to Laid-Law? We generate, from our laboratory, quantities of solvents that they basically use for cleaning glassware like acetone, toluol, those kind of things. REGIONAL REPORTING SERVICE, INC. I HARTOLDMON0014538 49 1 Q. 2 3 A. 4 5 6 7 8 9 Q. 10 11 12 A. 13 14 Q. 15 16 A. 17 Q. 1 8 A. 19 Q. 20 2 1 A. 22 Q. 23 So that is basically a laboratory ef fluent? Well, it is not an effluent. It is generated through the lab, but we have an accumulation area at the lab that they pour it into the drums. It goes from there to temporary storage. It is never an effluent as far as a stream. Got you. And in a quantitative sense we are not talking about very much, I as sume ? No. We are talking about less than a hundred and fifty gallons a year. Okay. And isthat your current title out there, environmental specialist? Yes, it is. Do you have anybody working under you? Ho. . And who do you answer to at the company presently? Robert Jones. Okay. Are you the environmental specialist? REGIONAL REPORTING SERVICE, INC. HARTOLDMONO014539 50 1 A. Yes. 2 Q. That is what I recall. He has somebody 3 else who does like industrial hygiene? 4 A. Safety and health person is different. 5 Q. And you are -- but you are the 6 environmental guy? 7 A. Yes. 8 Q. . Okay. Now, have you had any role to 9 play in the remediation work that has 1 0 been going on? 11 A. The ground water program has been taken 12 over by the remediation group under the 1 3 direction of Alan Faust, and I'm still 14 the coordinator of the ground water 15 program. And I will clarify. I 1 6 mentioned Robert Jones. I do answer for 17 that part of the program to Alan Faust. 1 8 Q. Okay. And that program was in place 19 before Alan Faust got here, and just 2 0 once the remediation program got 2 1 underway and he showed up, that part of 22 your duties he oversaw? 23 A. Yes. REGIONAL REPORTING SERVICE, INC. HARTOLDMONO014540 51 1 Q. 2 3 4 5 6 7 8 9 10 11 12 13 A. 14 15 16 Q. 17 A. 18 19 20 21 22 23 What about -- I remember when we took Mr. Jones' deposition. I took him. He was talking about how things kind of got rolling when Alabama Power found the PCBs on the land that used to be part of the west end landfill. Then some samples were taken, and some samples were taken of some stuff coming off the south landfill. Were you involved at all in those sampling, the analyses, the discussions with ADEM, any of that stuff? I was involved in some of the sampling. I was not involved in any discussions with ADEM. What samples do you recall taking? There were three -- four wells installed, three wells down gradient of what we call the west end landfill. Three wells were installed there. And then we began a regime of storm water sampling, storm water runoff sampling, and took some samples from both areas. REGIONAL REPORTING SERVICE, INC. HARTOLDMONO014541 1 2 3 Q. 4 5 6 7 A. 8 Q. 9 A. 10 Q. 11 A. 12 13 14 Q. 15 16 A. 17 18 Q. 19 20 2 1 A. 22 Q. 23 the west end landfill and the south land fill. Now, you said new wells. Did y'all have a ground water treatment program in place as of that time for that west side of the plant ? No, we did not. Just had the south end landfill -- Yes. -- pump and treat in place? Well, not justit. We also had a plant site. We had the south landfill area and the plant site area. Was the plant site area over towards the west end landfill? It is on the north, north to northeast and northwest side of the plant. That* is what I was thinking. That was in place before the Alabama Power issue came up? Yes. And you basically just kind of extended over westerly as far as your ground REGIONAL REPORTING SERVICE, INC. HARTOLDMON0014542 53 1 2 A. 3 4 5 6 Q. 7 8 9 A. 10 11 12 Q. 13 A . 14 15 Q. 16 17 18 A. 19 Q. 20 21 22 23 A. water test wells? It basically was not an extension. It was -- down gradient of that particular cell unit is where those particular wells were installed. And were you involved in actually analyzing the water taken from those wells? In the sampling of the wells, not the analyzing of the wells. We sent those off-site. . Where did you send those? They went to Savannah Laboratories, the best I remember. And you said storm water. Again, you were involved in sampling, but you didn't do the analysis? Rig lit . Okay. What about dirt or even , constituents directly out of that west end landfill property? Did you do any analyses of any of that? There was some characterization work REGIONAL REPORTING SERVICE, INC. HARTOLDMONO014543 54 1 2 3 Q. 4 A. 5 Q. 6 7 8 9 1 0 A. 11 Q. 12 13 14 15 16 17 A. 18 19 20 Q. 21 22 23 done during the borings of the wells, some core samples taken. But again, you did not do any analysis? I did not do any analysis, no. I take it your lab would have had the expertise and the equipment to have analyzed the ground water there, those samples. You had been analyzing ground water samples, had you not? Not for PCBs. All right. So that's really been your only role with regards to remediation. You collected some samples, and you have analyzed some of the ground water, but even those were only for PUP and parathion? Yes. I helped develop the 0 and M plan, the operations plan, the operations and maintenance plan as well. We talked at one point about a trailer that was set up at one point to do fish analyses. Is there another satellite laboratory within the plant at any point REGIONAL REPORTING SERVICE, INC. I HARTOLDMON0014544 55 1 2 A. 3 Q. 4 5A 6Q 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 in your career that has done -- Not to my recollection. And right now they are going out to S avannah ? Yes, yes. Okay. Do you recall taking samples like you just described, the characterization samples, ground water samples, and sending them out pertaining to the landfills before that Alabama Power stuff earlier this decade? At initial well installations, there again basically for PNP and parathion identification. We had sent some samples out for Appendix 9 and Appendix 8 that I mentioned earlier, but that is all I remember. When* did you first know that PCBs or Aroclor waste had been put in the west end landfill or south landfill? The first time I really realized it had been in the west end landfill was with the identification of the Alabama Power REGIONAL REPORTING SERVICE, INC HARTOLDMONO014545 56 1 2 3 4 Q. 5 6 A. 7 8 9 1 0 Q. 11 12 13 14 A. 15 Q. 16 17 18 A. 19 20 21 22 Q. 23 Company issue. That unit was closed before I ever began employment with Monsanto. Okay. What about the south end landfill? I had known that some of the western cells had been utilized for that. I wasn't sure of the time frame, but I knew some had been put up there. Had you seen any test results that demonstrated PCB coming off the landfill, or not coming off, just samples period, looked at that? No, I had not. When do you think you realized that PCBs had been deposited in the south end landfill? It was in the -- I'd say the early '80s, probably '84 time frame when I actually got involved with the environmental group. In the 1970, '71 time frame, if they were going to look at effluent in that REGIONAL REPORTING SERVICE, INC. 1 HARTOLDMONO014546 57 1 2 3 4 A. 5 6 7 8 9 10 11 12 Q 13 14 15 A . 16 Q17 18 19 20 21 22 23 A. plant and lab, you would have been one of the people who would have done that analysis, right? I would have been involved in doing the routine analysis of the pH, the DOs, BODs, solids and such. I would not have done anything in addition to that because our lab at that point in time was not equipped, and anything additional would have been sent off-site to a contract laboratory. Okay. But you weren't told in that time flame that there might be an issue of stuff coming off the south end landfill? No, no. I saw a memo that -- I don't remember who it was to -- that talked about how important it was to get the samples regularly with some of this effluent testing. Was that something that was considered an important priority in your job from day to day? Yes. There again, there is a daily REGIONAL REPORTING SERVICE, INC. HARTOLDMONO014547 58 1 2 3 Q. 4 5 6 7 8 9 A. 1 0 Q. 11 12 13 14 15 A. 16 17 18 19 Q. 20 21 22 23 monitoring and sampling device on that effluent, that effluent point. And if you had been told to gather a sample, even if it was going to be analyzed by somebody else, on a regular basis of an effluent coming off that landfill, you would have done that, wouldn't you? Yes. What kind of reports did you maintain as best you can recall of the analysis of the waste streams that you did sampling work for and analysis for back in the '60s and '70s? We had regular logs that we documented the information on and maintained laboratory -- general laboratory r e c ot d s . There is an issue in this case about some PCB waste water levels or concentrations being shared with the State of Alabama. And I have seen daily PCB or Aroclor concentrations in waste REGIONAL REPORTING SERVICE, INC. I HARTOLDMONO014548 59 1 2 3 4 5 A. 6 7 8 Q. 9 1 0 A. 1 1 Q. 12 13 14 15 16 A. 17 Q. 1 8 A. 19 20 2 1 Q. 22 23 water reported for periods like in the 1970 and 1971 time frame. Do you recall being involved in coming up with that data ? - No. I did not. I was not involved. If that data exists, I was not involved in it . Do you have any idea who could have been generating that data? Not at this point in time, no. Do you even know of equipment that was in place in the laboratory that you worked in every day that would have enabled somebody to conduct that analysis ? Not in the laboratory I was in. Might have been in the trailer? The fish study was done in the trailer. Waste water, I'm not sure. There is a possibility, but I don't know. Did you have a test to analyze the purity of the Aroclor that was going ou t ? REGIONAL REPORTING SERVICE, INC. HARTOLDMONO014549 60 1 A. 2 3 4 5 6 Q. 7 8 9 10 A. 11 12 13 14 15 Q. 16 17 A. 18 19 2 0 Q. 2 1 A. 22 23 I don't remember GC capability for doing assay on Aroclor. I know there was a quality test done, and at this point in time it has been so long ago that I don't remember, to be honest with you. Have you throughout or at any point in your career there at Monsanto had any kind of medical testing or monitoring, examination performed? Yes. Monsanto has a routine medical surveillance program and, depending on your age, the interval of health examinations. And I've had those done my entire career. Was there some baseline work done initially when you first started? Yes, to establish what they call a c h o 1-i nesterase level for your blood in relationship to the parathion work. What about a physical examination? Yes. They did pulmonary function and everything to qualify you to wear respiratory protection. And I worked REGIONAL REPORTING SERVICE, INC. HARTOLDMON0014550 61 1 2 3 Q. 4 5 A. 6 7 8 9 Q. 10 11 A . 12 13 14 15 Q. 16 17 A. 1 8 Q. 19 A . 20 21 22 Q. 23 A. with the .emergency response some and did that . Once you were there, how frequently would you be examined by a physician? For a while when you were working with parathion it was every year. It was an annual thing. Now it is based on your age . And what about a young guy like you, how often do you have to go? Well, a young guy like me can get one every year. But it is -- Every two years it is required, and every year if you want it. What's the last time you went in and had it done? Last fall, this past year, last fall. What- all occurred during that visit? They drew blood samples, had the hearing test, the pulmonary function test, and all the things we normally do. Okay . You have an option for a chest x-ray if REGIONAL REPORTING SERVICE, INC. HARTOLDMONO014551 62 1 2 Q. 3 4 A. 5 Q. 6 A. 7 Q. 8 9 1 0 A. 11 12 13 Q. 14 15 A. 16 17 18 19 2 0 Q. 2 1 A. 22 23 you want it. Have you ever had your blood analyzed for PCB? Yes, I have. When was that done? That was done in '97. And was that something that was done as part of your routine kind of stuff that we just described? No. It was a voluntary opportunity we had, an option that if we wanted to we could. And who drew that and analyzed it as far as you recall? I don't really know. The people that drew the blood was with Dr. Gehi's office, our occupational physician. Who they, sent it to to have it analyzed, I don't know. What were your results? My level was very low, I believe about a two point five or something of that nature. REGIONAL REPORTING SERVICE, INC. HARTOLDMON0014552 63 1 Q. 2 3 4 A. 5 6 Q. 7 8 9 10 A. 11 Q. 12 13 14 15 16 17 18 19 A. 2 0 Q. 21 22 23 Do you have any idea as to how many of the fellows or ladies there at the plant had that blood work done? I don't know the number. There were several . And in 1997 how many folks would there have been still working with the company who would have been actively involved in the Aroclor manufacturing process? Probably a dozen or so. I think I asked you if you did air sampling. You mentioned at one time you had a hydrogen sulfide emission or something you checked on. I've seen some Aroclor levels, PCB levels for Anniston in the early '70s time frame. Again, you don't have any recollection o f a'n alyzing those? No. Do you have any role to play in the 0 and M of the waste management or waste water management processes out there, to activate the treatment facility? REGIONAL REPORTING SERVICE, INC. HARTOLDMONO014553 64 1 A. 2 3 4 5 6 7 Q 8 9 A. 1 0 Q. 11 A. 12 Q. 13 14 A. 15 Q. 16 17 A . 18 19 2 0 Q. 21 22 23 A . That is the responsibility of the PNP department. So I'm not directly involved. We take some samples and send off the analysis. But as far as the operation goes, that is the department folks. And have you ever visited the Monsanto facility in Sauget, Illinois? No . Or Rubicon, Wales? No . Have you ever been up on the south end landfill? Yes. When is the first time you were up there ? To be honest with you, I can't remember exactly the first time. It was in the early '80s. And by that point in time I assume that it was a RCRA listed site, one of your -- What do they call them, SMUs? We became permitted under RCRA in the REGIONAL REPORTING SERVICE, INC. HARTOLDMONOQ14554 65 1 2 3 Q. 4 5 A. 6 7 8 9 1 0 Q. 11 12 13 14 A. 15 16 17 18 19 Q. 20 2 1 A. 22 Q. 23 A. early '80s- Yeah, I would say that is a fair statement. Who was in charge of the day-to-day operation of that thing? Well, it fell under the responsibility of the environmental folks there at the plant. At that point in time -- When I went to work in '84 in environmental, Mr. Bob Cheever was the -- Can you give me any idea of who would have been involved and in charge of that acreage in '68 when you first started working there? Mr. Bill Taffee is the person -- the first gentleman I can remember who worked with the environmental unit there. And it was close to that time f r amfe . Do you know if he is still with the company? No. He is not with the company. Do you know where he is these days? He was a resident of Calhoun County, the REGIONAL REPORTING SERVICE, INC. HARTOLDMONO014555 66 1 2 3 4 Q. 5 A. 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 last I heard He had a massive stroke, and I'm not sure of his condition at this point in time. Do you know a Mr. Mullally? Mike Mullally, yes. Mike is deceased. MR. CUNNINGHAM: That's all. (The deposition concluded at 11:30 a.m.) REGIONAL REPORTING SERVICE, INC. HARTOLDMONO014556 67 1 I do hereby certify that the witness 2 whose attached deposition was taken before me 3 was by me first duly cautioned and sworn to 4 tell nothing but the truth in the cause 5 aforesaid; that the testimony contained herein 6 was by me reduced to writing in the presence 7 of said witnesses by means of stenography and 8 afterwards transcribed by means of computer 9 aided transcription. The foregoing is a true 1 0 and accurate transcript of the whole of the 11 testimony given by said witness, as aforesaid. 12 I do further certify that I am not 1 3 connected by blood or marriage with any of the 14 parties or their attorneys or agents and that 15 I am not an employee of any of them, nor 16 interested in the matter of controversy. 17 IN WITNESS WHEREOF, I have hereunto set 18 my hand and affixed my notarial seal at 19 Gadsden, Alabama, County of Etowah, this 25th 2 0 day of January 1999. 21 Deborah Salers Garrett 22 Certified Shorthand Reporter Registered Professional Reporter 23 Notary Public, Alabama-at-Large My Commission expires: 3-7-2001 REGIONAL REPORTING SERVICE, INC. HARTOLDMONO014557 68 1 WITNESS' CERTIFICATE 2 I, the undersigned, JERRY HOPPER, do hereby certify that I have read the foregoing 3 deposition transcript and that to the best of my knowledge said deposition is true and 4 accurate with the exception of the following corrections listed below: 5 Page Line | Reason for Change or Correction 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 2 3 (DATE) (SIGNATURE) REGIONAL REPORTING SERVICE, INC. HARTOLDMONO014558