Document RJvEDvLvGDQon1ORXYbZoeE2X

IN THE CIRCUIT COURT FOR ETOWAH COUNTY, ALABAMA (Transferred from the Circuit Court of Calhoun County, Alabama) SABRINA ABERNATHY, et al., Plaintiffs, VS . MONSANTO COMPANY, et al., Defendants. ) ) ) ) ) ) ) ) ) CIVIL ACTION NO CV-2 0 0 1 -8 32 (Consolidated) DEPOSITION OF BRUCE W. ELEY Taken on behalf of the Plaintiffs September 26, 2001 DEBORAH A. KRIEGSHAUSER, RPR, CSR IL CSR LICENSE NO. 084-002451 RPR LICENSE NO. 022047 (314) KRIEGSHAUSER REPORTING & VIDEO Registered Professional Reporter 319 North Fourth Street -- Suite 322 St. Louis, Missouri 63102 621-4408 FAX (314) 621-4533 HARTO L D M O N 0014184 2 1 IN THE CIRCUIT COURT FOR ETOWAH COUNTY, ALABAMA 2 (Transferred from the Circuit Court of Calhoun County, Alabama) 3 SABRINA ABERNATHY, et al. ) 4) Plaintiffs, ) 5 ) CIVIL ACTION NO VS . ) CV-2001-832 6 ) (Consolidated) MONSANTO COMPANY, et al., ) 7) Defendants . ) 8 9 Deposition of BRUCE W. ELEY, produced, 1 0 sworn, and examined on behalf of the Plaintiffs on September 26, 2001, between the 1 1 hours of 10:00 in the forenoon and 2:30 in the afternoon of that day at the offices of 1 2 Kriegshauser Reporting & Video, 319 North Fourth Street, Suite 322, St. Louis, Missouri, 1 3 before Deborah A. Kriegshauser, a Registered Professional Reporter and Notary Public within 1 4 and for the State of Missouri. 15 APPEARANCES 16 The Plaintiffs were represented by 1 7 Donald W. Stewart, Esq., of the Law Firm of Donald W. Stewart, PC, 1131 Leighton Avenue, 1 8 P.0. Box 2274, Anniston, Alabama 36202. 1 9 The Defendant was represented by Edward M. Newsom, Esq., of the Law Firm of 20 Smith, Helms, Mulliss & Moore, 1355 Peachtree Street, NE, Suite 750, Atlanta, GA 30309. 21 22 23 KRIEGSHAUSER REPORTING & VIDEO HARTOLDMONO014185 3 1 INDEX OF EXAMINATIONS 2 PAGE 3 Examination by Mr. Stewart ......................... 5 4 5 INDEX OF PLAINTIFF'S EXHIBITS 6 DESCRIPTION PAGE 7 Exhibit # 1 -- May, 20 00, .......................... 80 8 Soil Sampling Results 9 Exhibit # 2 -- 1 0-4-00 .................................... 9 2 1 0 Letter from R. Kaley 1 1 to W. Hardy 12 Exhibit #3 -- Notice of .......................... 105 1 3 Deposition for Bruce 1 4 W . E1ey 15 Exhibit # 4 -- 6-2 6-0 1 ................................. 1 06 1 6 Letter from B. Eley to 1 7 R. Cofield 18 Exhibit #5 -- 6-2 6-0 1 ................................. 1 06 1 9 Letter from B. Eley to 20 D. Roughton 2 1 Exhibit #6 -- Snow Creek ...................... 119 2 2 Sampling Results 23 Exhibit #10 -- Analytical .................. 1 38 LINE 8 LINE 22 18 18 23 23 13 20 KRIEGSHAUSER REPORTING & VIDEO HARTOLDMON0014186 4 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 Results for Soil Samples Collected Exhibit #7 -- Solutia .................................. 143 Access to Choccolocco Creek Exhibit #8 -- Choccolocco ................... 143 Creek Sampling Results Exhibit #9 -- Choccolocco ................... 143 Creek Sampling Results 17 17 17 KRIEGSHAUSER REPORTING & VIDEO HARTOLDMON0014187 5 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 BRUCE W. ELEY, of lawful age, having been first duly sworn to testify the truth, the whole truth, and nothing but the truth in the case aforesaid, deposes and says in reply to oral interrogatories propounded as follows, to-wit: EXAMINATION QUESTIONS BY MR. STEWART: Q- This is Mr. Bruce Eley. I s that right? A . Yes, sir. Q - Mr. Eley, you presently work for Solutia. Is that correct? A . That's correct. Q What's your position with them? A . My position is Manager of Environmental Affairs. Q - And wha t is that responsibility or what does it entail as far as responsibility? A. Primarily I'm a part of the Environmental Technical Support Group, and I work as -- it's not a consulting role but in certain cases it is. I work KRIEGSHAUSER REPORTING & VIDEO HART OLDMON0014188 6 1 2 3 4 5 6 Q. 7 A. 8 Q. 9 A. 1 0 Q. 11 12 13 1 4 A. 1 5 Q. 16 17 1 8 A. 19 20 2 1 Q. 22 A. 23 on various projects related to industrial hygiene, environmental health, occupational safety, supporting a group of people in our Environmental Safety and Health Department. "Environmental" what now? Manager of Environmental Affairs. And who is your immediate superior? Bob Kaley. And has he been your immediate superior since you took a similar position Monsanto? Did he hold a similar position with Monsanto? Yes, he did. And he was your boss at the time you first became involved in the Anniston site? When I first became involved in the Anniston site, just the site itself, going back many years ago -- I'm talking in the 1990s. -- in the 1970s -- Correct. In the 1990s, that is correct, and he continued KRIEGSHAUSER REPORTING & VIDEO HARTOLDMONO014189 7 1 2 Q. 3 4 5 A. 6 Q. 7 8 A. 9 Q. 10 1 1 A. 1 2 Q. 13 14 15 16 1 7 Q. 18 19 20 A. 2 1 Q. 22 23 to be my boss. We have takenprevious depositions and we've gotten a history of your working relationship. Yes. I'm not allowed by the court order to go back over that, so I won't. Okay. I'm just trying to sort of get an update, if I can. Correct. Let me ask you: How is it that you all transferred your employment from Monsanto to Solutia in '97? MR. NEWSOM: Do you understand the question? (By Mr. Stewart) You were employees before the spinoff with Monsanto. Is that correct? That'scorrect. How is it that you all moved from Monsanto to Solutia when the spinoff occurred? KRIEGSHAUSER REPORTING & VIDEO HARTOLDMONO014190 8 1 A. 2 3 4 5 6 Q. 7 A. 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 Well, when the company was -- the company was spun off in 1997, September of 1997 or thereabouts, prior to that they looked at each one of the groups within Monsanto. Who is "they"? I think that that was the -- the leadership of the various departments within Monsanto and the Human Resources function, and looked at what resources they would need to continue in Monsanto and what resources would be needed in So1ut ia . It's my understanding that in a number of cases individuals at Monsanto at that time interviewed and made decisions on whether they wanted to opt for a job with Solutia or continue to see the availability of jobs in Solutia. In my case the decision was made, and I'm not sure who made that decision, that Bob Kaley and I in that Environmental Technical Support role KRIEGSHAUSER REPORTING & VIDEO HARTOLD M ON 0014191 9 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 Q. A. Q. A. Q A. Q. would be transferred intact to the new Solutia company. What do you mean "transferred intact"? We would then become -- We would go from one day being an employee of Monsanto to the next day being an employee of Solutia. And from my standpoint, that's what it appeared. It was transparent. It was like one day you're in the office; you work for Monsanto. The next day you come to the same office, basically surrounded by the same individuals, but you're now a Solutia employee. Did you have a choice about that? I believe I had a choice to perhaps go or continue with Monsanto but it would probably be in a different function. And who offered that choice to you? A s best I can recall, I believe Bob Kal ey is the one that discussed in a general way some of the options. Was there a cut in pay when you went KRIEGSHAUSER REPORTING & VIDEO HART OLD MON 0014192 10 1 2 A. 3 Q. 4 A. 5 Q. 6 A. 7 Q. 8 A. 9 Q. 1 0 A. 1 1 Q. 1 2 A. 1 3 Q. 14 1 5 A. 16 17 18 19 2 0 Q. 21 2 2 A. 23 Q. from Monsanto to Solutia? No. No, sir. Cut in benefits? No, sir. So you kept the same pay, same benefits? That's correct. And the same office? Same office. Same secretarial and support staff? Same administrative staff. And the same job? Same job. Were you dealing basically with the same plants? For the most part I was, but there were some locations that I had dealt with prior to the spin that after the spin I really didn't have any involvement in at all . Were those plants a part of Monsanto or Solutia? They would have been part of Monsanto. Do you know what criteria was used to KRIEGSHAUSER REPORTING & VIDEO HARTO L DMO N 6614193 11 1 maintain plants as part of Monsanto as 2 opposed to spinning them off to Solutia? 3 MR. NEWSOM: Well now, wait a 4 minute, Don. We're getting a 5 little -- What time period 6 are we talking about? This 7 is a follow-up deposition. 8 MR. STEWART: '97. 9 MR. NEWSOM: Well, he was deposed 1 0 in when? 1 1 MR. STEWART: I don't remember. 1 2 He wasn't asked about that, 1 3 though. 1 4 MR. NEWSOM: I know, but as you 1 5 just said, this is a 16 follow-up. It's not an 1 7 opportunity to go back into 1 8 things that -------- 1 9 MR. STEWART: We didn't go into 20 that in the deposition that 21 was taken last time. I mean 22 I reviewed both depositions 2 3 or the only deposition he KRIEGSHAUSER REPORTING & VIDEO HARTOLDMON0014194 12 1 gave and that w a s n ' t covered. 2 MR. NEWSOM: Well, I'll let you go 3 a little bit, but m y 4 understanding may be 5 different. It ' s not a matter 6 of whether it was gone into 7 if it was -- This would 8 relate to matters after h e 9 was deposed in t h i s case on 1 0 January 6th, ' 9 9 . And i f 1 1 there were matters that were 1 2 not gone into, yet the 1 3 opportunity existed, then 1 4 that's, you know, that's not 1 5 what we're here to do today. 1 6 Now with that said, -------- 17 MR. STEWART: You haven't taken 1 8 that position in connection 1 9 with your all's depositions. 20 Now if you want to take that 2 1 position, -------- 2 2 MR. NEWSOM: Well, let me finish. 23 I wasn't finished. With that KRIEGSHAUSER REPORTING & VIDEO HARTOLDMON0014195 13 1 having been said, I'll let 2 you go a little bit, but I 3 just want to remain mindful 4 of what I understand the 5 order is within reason. I 6 know sometimes you have to go 7 back a little bit to put the 8 presence in context, so 9 that's why I'm okay with it 1 0 right now, but let's just be 1 1 mindful of it. 1 2 MR. STEWART: Let me see if I 1 3 understand your position. We 1 4 can't go into anything that 1 5 we could have gone into at 1 6 that time? Is that your 1 7 position in connection with 1 8 these depositions? If it is, 1 9 I want to know that. 20 MR. NEWSOM: Well, my 2 1 understanding is that the 2 2 court order or at least the 2 3 Judge's admonition was that KRIEGSHAUSER REPORTING & VIDEO HARTOLDMONO014196 14 1 this would just be a 2 follow-up . And I think 3 implicit in a follow -up was --i 1 i--1 4 within reason, and I just 5 go within reason. I think 6 you have to deal with any 7 question that comes up , but 8 within reason you're t o deal 9 with the things f r om January 1 0 6th, ' 99 , f orward. 1 1 Again, -- - 12 STEWART: I just want t o know 1 3 what to instruct our folks to 1 4 do. We have to coordinate 1 5 depositions. And if you're 1 6 saying that your all's 1 7 position is you cannot go 1 8 into anything that you could 1 9 have gone into then, I need 20 to know what to tell them. 2 1 MR. NEWSOM: Well, I can't -- I 22 can't control what you tell 23 them. You can tell them what KRIEGSHAUSER REPORTING & VIDEO HARTOLDMON0014197 15 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 1 6 Q. 17 18 19 20 A. 21 22 23 you want to tell them, but let's move forward and then -- I just want to be mindful of it. If you think I'm wrong in what I've been informed about the order, that's fine, but that's my understanding of it. As I say, I'm all for giving somebody a little latitude because it's never totally black and white. So let's move forward, but I hope we can be mindful of what I think the Judge indicated. (By Mr. Stewart) Tell me, if you would, Mr. Eley, what prompted those plants to be either placed with Monsanto or placed with Solutia. I think the thing that really prompted it was the -- the placement of those plants within the organizational structure prior to the spin. Prior to KRIEGSHAUSER REPORTING & VIDEO HARTOLDMON0014198 16 1 the spin in 1997, when you look at the 2 organization of the Monsanto Company, it 3 included the chemical group. At that 4 time I'm not sure whether it was called 5 the "Chemical Group" or "Monsanto 6 Chemical Company," an operating unit of 7 Monsanto. 8 Then there was an agricultural 9 group or the agricultural company, 1 0 operating unit of Monsanto. Then there 1 1 was G.D. Cerro, Nutra-Sweet, and I think 1 2 some other parts of that organization. 1 3 Each one of these operating units were 1 4 -- were pretty much an autonomous unit. 1 5 When the decision was made to spin off 1 6 the chemical operations, it's my 1 7 understanding that if a plant was a part 1 8 of the Monsanto Chemical Group or the 1 9 Monsanto Chemical Company, they were, in 20 fact, chemical operations and that that 2 1 plant was then included in the spinoff 2 2 and would become part of the new 2 3 Solutia, Inc. KRIEGSHAUSER REPORTING & VIDEO HART OLDMONO014199 17 1 Q. 2 3 A. 4 5 6 7 8 9 1 0 Q. 11 12 13 14 15 1 6 A. 17 18 19 20 21 22 23 Is that a wholely separate company, Solutia? Solutia, Inc., is an independent publicly traded company, publicly traded on the New York Stock Exchange. If you're asking is there any organizational tie between Solutia and Monsanto, not to my knowledge. It is independent. Any ownership? Any ownership between Monsanto and Solutia? MR. NEWSOM: Well, I'll object to the form. I mean there's probably common stockholders. If you understand it. No. To the best of my knowledge, it's not a similar situation as -- I think if you look at Monsanto today and Pharmacia, Monsanto was a part of Pharmacia. Monsanto was spun off from Pharmacia but still retains approximately 85 percent stock ownership. KRIEGSHAUSER REPORTING & VIDEO HARTOLDMONO014200 18 1 Q 2 A. 3 4 5 Q6 7 A. 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 (By Mr. Stewart) Pharmacia does? Yes. That is not the situation with Solutia and Monsanto or Solutia and Pharmacia. Do you understand -- Do you know why the spinoff? The specific reasons, no. I think my knowledge would mirror probably the knowledge of most employees at the time. Clearly, when you look at the two main parts of Monsanto, obviously there were other parts of Monsanto, but the two main operating units was the Chemical Group and the Agricultural Group. The Agricultural Group, while originally it was formed based on herbicides or in general pesticides, its business evolved more into the biotechnology area, treatment of seeds, coming up with different hybrids, different strains of seeds . The strategic direction and the resource needs of those two companies KRIEGSHAUSER REPORTING & VIDEO HARTOLDMONO014201 19 1 2 3 4 5 6 Q. 7 8 9 A. 1 0 Q. 11 12 1 3 A. 1 4 Q. 15 1 6 A. 17 1 8 Q. 1 9 A. 20 21 2 2 Q. 23 A. were quite different, and I think it's really those factors that play very heavily in the decision to spin off the chemical operations as an independent company. Tell me, if you would: Was Solutia offered to American Home or to Pharmacia? No, not to my knowledge. Do you know what disclosures have been made to the FCC about the situation in Anniston? No, I do not. Who would know that? MR. NEWSOM: If you know. I would say we have a Vice-President in the Treasury group. (By Mr. Stewart) Who is that? And I -- I don't recall his name, but I would think that he or our Chief Financial Officer. Who is that? I should know that name. I'm afraid the KRIEGSHAUSER REPORTING & VIDEO HART"OLDMONO014202 20 1 2 3 4 5 6 7 A. 8 Q. 9 1 0 A. 1 1 Q. 1 2 A. 1 3 Q. 14 15 1 6 A. 1 7 Q. 18 1 9 A. 20 21 22 23 name escapes me. Could you make available to Mr . Newsom both of those names a t some point in time? I mean could you call and just find out who they are and make them available today during the deposition? Certainly. Today during the deposition? Yeah. I mean we'll take a break at some point in time. Okay. Could you do that for me? Yes. Okay. Soyour offices are still located where you were at the time that the spinoff took place? No. We now have newcorporate offices. So you all have moved out of the -- Where are they located? At the -- When we -- Whenthe chemical operations was spun off at Solutia, we were located at the Monsanto World Headquarters at Olive and Lindbergh and, as I understand, leasing office space KRIEGSHAUSER REPORTING & VIDEO HARTOLDMONO014203 21 1 2 3 4 5 6 7 8 9 1 0 Q. 11 12 1 3 A. 14 15 16 1 7 Q. 18 1 9 A. 20 Q . 2 1 A. 22 23 from Monsanto. Then about one year later, I think in August of 1998 or it could have been somewhat later than that, we completed the new world headquarters which were located out in West County off of what's called the -- the Highway 40 corridor at Maryville Centre -- It's off of Maryville Centre Drive . But you all were at Monsanto World Headquarters and located in a part of that or Solutia's? When -- When -- Right after the spinoff, Solutia was located at Monsanto's World Headquarters and leased office space there. They had a separate office space where you just mentioned? Correct. Okay. But then -- But then we built a new World Headquarters out at Maryville Centre. KRIEGSHAUSER REPORTING & VIDEO HARTOLDMONO014204 22 1 Q. 2 A. 3 4 5 Q. 6 A. 7 8 Q. 9 A. 10 11 12 13 14 15 16 17 18 1 9 A. 20 2 1 Q. 22 23 Solutia did or Monsanto? Solutia did. We built new headquarters at Maryville Centre and then moved from the leased office space -- There? -- at the old location out to the new World Headquarters. When was that built? I think it was completed in August -- It could have been August of 1999. I'm trying to think whether it was August of 1998 or August of 1999, and I can't -- I can't recall. MR. NEWSOM: I think it was '99, but------- THE WITNESS: Yeah, because I don't think we moved in there so rapidly one year later. I think it was perhaps two years, so I think it would have been August of 1999. (By Mr. Stewart) Tell me would -- what other depositions you've given in connection with this case in Anniston or KRIEGSHAUSER REPORTING & VIDEO HARTOLDMONO014205 23 1 2 3 4 5 A. 6 7 Q. 8 A. 9 10 11 12 13 14 1 5 Q. 16 17 18 19 20 21 2 2 A. 23 these cases in Anniston other than the deposition you gave in the Abernathy case or whatever we want to call this case? There was a deposition that I gave in the Cecil Heinds litigation. And when did you give that? That has occurred since the last time that I gave the deposition in this case, so it would have been after January of 1999, and I think that it would have been in 1999 at some point in time. I don't know whether it was the middle of 1 99 9. What were you deposed about in that case? MR. NEWSOM: Do you mean just generally or ------- MR. STEWART: Yeah. MR. NEWSOM: I mean he was deposed about the case, so. I think in general my deposition -- my deposition testimony focused on just KRIEGSHAUSER REPORTING & VIDEO HARTOLDMON0014206 24 1 2 3 4 Q 5 A. 6 7 8 9 Q10 A. 1 1 Q 12 A. 13 14 Q 15 A. 16 17 18 19 20 Q. 21 22 23 discussions that I had had from time to time with Cecil Heinds or his son, Ricky Heinds. (By Mr. Stewart) About what? About the -- the status of the remediation, keeping them abreast of what we had planned and the activity in the area. Does S o 1 u t i a own that property now? Yes, we do . When did you purchase it? I think we closed on the property in 2000 What did you pay for it? I ' m not sure of what we paid for it. was -- It was part of -- It's my understanding that the acquisition of that property was part of a legal s e111emen t. I mean what amount of money in your best judgment did you all pay for that property? MR. NEWSOM: Well, let me just KRIEGSHAUSER REPORTING & VIDEO HARTOLDMONO014207 25 1 2 3 4 5 6 7 8 A. 9 10 11 1 2 Q. 13 14 1 5 A. 1 6 Q. 17 1 8 A. 19 20 Q. 21 2 2 A. 23 Q. object to the form based upon that answer if it's part of a -- if it's part of a confidential settlement and was not a purchase asopposed to a part of a settlement, then I don't mind, but --------- It's my understanding that there was a -- I think a purchase price put on that -- that business, but I'm not sure of what that purchase price was. (By Mr. Stewart) Was it something paid over and above the purchase price to Mr. Heinds? Excuse me? Was it something paid over and above the purchase price to Mr. Heinds? I don't know the particulars of that settlement at all. So you don't know as you sit here today what you all paid for the property? That's correct. Okay. And you don't knowwhether or not KRIEGSHAUSER REPORTING & VIDEO HARTOLDMONO014208 26 1 2 3 A. 4 Q5 A. 6 7 8 9 Q. 10 1 1 A. 12 13 1 4 Q15 16 A. 17 18 19 Q 20 21 A . 22 Q23 A . you paid them anything over and above that? That's correct. Do you know who represented him? No , I do not. It seems like the deposition was over in Birmingham, if I recall, but I don't know the -- who the lawyer was or who represented him. When did you all close that purchase? When did you close it? I think we closed it in 2000, but I don't know whether it was mid or late 2 0 0 0. All right. Tell me, if you would , when else you testified in deposition. There was the John Massey case, John Massey litigation. I gave deposition testimony in that case Where else? By the way, you all bought that property, too, didn't you? Yes, we did. Do you remember what you paid for that? I certainly don't. KRIEGSHAUSER REPORTING & VIDEO HARTOLDMONO014209 27 1 Q 2 3 4 A. 5 Q 6 A. 7 Q 8 9 10 11 12 13 14 1 5 Q. 16 1 7 A. 18 1 9 Q. 20 21 A. 22 Q23 A . W a s n ' t it about $545,000? MR. NEWSOM: He just testified he doesn't know. I don' t know whether it was or not, -- (By Mr . Stewart) Okay. -- no . Okay. Could it possibly be $545,000? MR. NEWSOM: Well, object. If he doesn't know what it was, it could possibly be any number you might pick. MR. STEWART: Just make your -- Just make your objection to form. (By Mr. Stewart) Would it be about $545,000? I don't know whether it's about that amoun t or not. So you have no idea about the purchase price? No , I do not. You w e r e n ' t i nvolved in i t ? No , I was not involved i n that, in the KRIEGSHAUSER REPORTING & VIDEO HARTOLDMON0014210 28 1 2 Q. 3 A. 4 5 6 Q. 7 8 9 10 11 12 13 14 15 16 1 7 Q. 18 1 9 A. 20 2 1 Q. 2 2 A. 23 purchase of the property. Who handled that? Well, as I understand, the purchase of the property was, again, part of a legal settlement and ------- I was just asking you, Mister ------- MR. NEWSOM: Whoa, whoa. I don't think he was finished, Dona 1d . MR. STEWART: I was just asking who the company was, so that I could clarify the question. MR. NEWSOM: I don't care. MR. STEWART: I do care. Let me just clarify the question so we can get an answer. (By Mr. Stewart) Who in Solutia was involved in it? Possiblythe Manager of Remediation at the Anniston site -- Alan Faust? -- who at that time may have been Alan Faust. KRIEGSHAUSER REPORTING & VIDEO HARTOLDMON0014211 29 1Q 2 3 4 5 6 7 8Q 9 10 11 12 13 14 Q 15 16 17 18 Q 19 A 20 21 22 23 Okay. All right. When did you next testify? There was a case that I -- I guess I call it "Dyer Shelter Cove," and I don't know whether that was one case or two cases combined, but I gave deposition testimony in the Dyer case. What was the basis of your testimony? What did you testify to in that case? As I recall, a lot of the testimony dealt with policies and procedures that Monsanto had in the environmental area going back quite a number of years. All right. And so it would be a repository of those? You would be -------- Well, as it turned out, I was really not very much help in that regard. Did you know anything about it? There were a number of guidelines that we have that were called "worldwide guidelines." There were some of those guidelines I was more familiar with than some of the other ones. KRIEGSHAUSER REPORTING & VIDEO HARTOLDMON0014212 30 1 Q. 2 3 A. 4 5 6 Q. 7 A. 8 9 1 0 Q. 11 12 1 3 A. 14 15 16 17 18 19 20 21 22 23 Were those the ones that were put in place by Mr. Mahoney after '80, 1980? Some of those may have been prior to 1980 that were put in place under the direction of Monty Throdaul. Of who? Monty Throdaul. I'm not sure of that spelling. T-H-R-O-D-A-U-L. Throdaul; D-A-U-L. When would he have put those in place? MR. NEWSOM: Well, he saidthey may have been with Monty. There was an organizational change in the 1970s, late 1970s, '77, '78, and there was a formation of the Environmental Policy Staff. Monty Throdaul was the Vice-President and the person that headed up the Environmental Policy Staff. And as best I recall, it was under Monty Throdaul's tutelage that the -- that Monsanto developed environmental worldwide guidelines. KRIEGSHAUSER REPORTING & VIDEO HARTOLDMON0014213 31 1 Q 2 A. 3 4 5 6 Q 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 You did not have them before then? I'm not sure w e had -- We d i d n ' t have them in the same form, but I'm not sure of what kind o f g u i d e 1 i n e s we had prior to that time. What was the principles or g u i d e 1 i n e s , basic principles that the guidelines followed that h e put in place in '78, '78? MR. NEWSOM: And, Donald, you are clearly now going back 20 years, things that you couldn't possibly have just thought of. We're talking about the late '70s with your question. And my understanding is that this is a follow-up deposition. You had every opportunity to ask him about that. There are some things that might bridge a time period, but to go back 20 years doesn't seem to me KRIEGSHAUSER REPORTING & VIDEO HARTOLDMON0014214 32 1 2 3 4 5 6 Q. 7 8 9 1 0 A. 11 12 1 3 Q. 1 4 A. 1 5 Q. 16 17 1 8 A. 19 20 21 2 2 Q. 23 to be within the spirit of what the Judge -- I mean are you contending that 's within the spirit of what the Judge has said? (By Mr. Stewart) Well, let me just ask you , M r . E 1 e y : Are these guidelines that h e put in place still in place today? Those specific -- The guidelines have changed over the years. We have now what's called "Solutia Commitments." When was that put in place? Excuse me? When was that put in place? MR. NEWSOM: When was that put in place? I think theSolutia Commitments came into -- were developed or came into place right after the spin or in maybe 1 998. (By Mr. Stewart) And what are the basic principles that you adhered to as far as KRIEGSHAUSER REPORTING & VIDEO HARTOLDMON0014215 33 1 2 A. 3 4 5 6 7 8 9 10 11 12 13 14 15 1 6 Q. 1 7 A. 1 8 Q. 19 20 2 1 A. 2 2 Q. 23 A. the Solutia Commitments? The commitments are organized -- As best I can remember, they're organized in -- let's say in environmental control, safety, industrial hygiene, occupational medicine. The ones I'm most familiar with are industrial hygiene. That's really my area of expertise. I'm a Certified Industrial Hygienist and work more so in that area. In the -- For the commitments in industrial hygiene, there are commitment requirements under the area of, for example, respiratory protection, ergonomics, hearing conservation, -- What is that? -- monitoring data integrity. I didn't hear the second one. MR. NEWSOM: You didn't hear "hearing conservation." Hearing conservation? (By Mr. Stewart) Yes. Okay. KRIEGSHAUSER REPORTING & VIDEO HARTOLDMON0014216 34 1 2 3 4 A. 5 6 7 8 9 Q. 10 11 12 1 3 A. 14 15 16 17 18 19 20 Q. 21 22 23 MR. NEWSOM: Maybe he could help you with it. You got the need and he's got the -------- There -- Continuing, there are additional requirement or commitment areas, and I'm just trying to think of other ones in that industrial hygiene area. (By Mr. Stewart) When you were working with Mr. Heinds or Jack Massey, you weren't working in the industrial hygiene area, were you? No. When I was doing the work in those areas, my activity was not in industrial hygiene, but I'm not so sure it was really in the environmental area either. Well, it was in the environmental area but I was involved in coordinating the soil sampling. Well, I thought you indicated you were talking to them about the status of the remediation project which would seem to me to be environmental. Maybe I just KRIEGSHAUSER REPORTING & VIDEO HARTOLDMON0014217 35 1 2 A. 3 4 5 6 Q 7 8 A. 9 10 11 12 13 14 15 16 17 18 Q19 20 21 22 23 misunderstood something. And you're right. There's -- There's aspects of that clearly that are environmental and not industrial hygiene. How is it that you got tied into that particular position? I guess they -- they needed, and this goes back to the very first part of 1996, they needed someone that could meet with the various people around the Anniston plant in the community to gain access to properties in order to conduct soil sampling that was required under a consent agreement that Mons an to o r that -- yes -- Monsanto had signed wi th ADEM in -- I believe it was in March o f 19 9 6 Well, didn't you have to know something about the environmental policies of Monsanto to do that? I mean did you rely on your experience as an industrial hygienist or were you actually working in the environmental area at that time? KRIEGSHAUSER REPORTING & VIDEO HARTOLDMON0014218 36 1 2 3 4 5 6 7 8 9 10 11 1 2 Q. 13 14 15 16 1 7 A. 18 19 20 21 22 23 MR. NEWSOM: Let me just object. You want him t o answer the last question o r the first one? There are two questions there. I don ' t know which one you want him t o answer. MR. STEWART: Well, let me break it down so even Mr. Newsom can understand it. MR. NEWSOM: I appreciate it. MR. STEWART: Good. (By Mr. Stewart) Did you at that time work as an environmental -- part of the environmental group or did you work as an industrial hygienist? Let's ask it that way first. At that time I worked in an Environmental Technical Support role, and there are some projects that I was involved in that entailed industrial hygiene. There were other projects that entailed more the environmental, what we would classically call the environmental KRIEGSHAUSER REPORTING & VIDEO HARTOLDMON0014219 37 1 2Q 3 4 5 6 7 8 9 10 Q 11 12 A 13 Q 14 15 16 17 18 19 20 21 22 23 area. And the environmental area dealt with remediation and hazardous waste leaving the site, didn't it? That would be a part of the environmental area. I was not specifically involved in -- in implementing any of thoseparticular actions. But you were familiar with what was going on? Correct. And you were familiar with the guidelines that control how the company operated -- at that time Monsanto -- and then later in your work you'd be familiar with how Solutia operated in that area. Is that right? Well, in the early part of 1996 I was, yes, somewhat familiar with what was going on in terms of remediation, not the particulars of the remediation around at Anniston. Most of my KRIEGSHAUSER REPORTING & VIDEO HARTOLDMONO014220 38 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 responsibility dealt with communications with the large number of people around the plant in order to gain access to properties to do the soil sampling. Q Wouldn't it be fair to say that you were put in there, Mr. Eley, to sell the adjacent property owners on the idea of letting Monsanto have access to their property for soil sampling? MR. NEWSOM: Object to the form. Well, I was put in there not to -- I wouldn't call it "selling." I didn't look at that job as selling, either myself or what we wanted or what we were requesting. My job was to meet with the individuals and -------- MR. STEWART: Excuse me. Let me catch this and then I'll cut it off. (Cell phone call interruption) taken. ) (At this point a short break was KRIEGSHAUSER REPORTING & VIDEO HARTOLDMONO014221 39 1 2 3 4 5 A. 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 2 1 Q. 2 2 A. 23 (At this point the last question was read back by the reporter.) My job was to meet with the individuals and explain to them the soil sampling that had been carried out adjacent to the Anniston site, and to indicate that we were expanding the sampling due to the -- the agreement with ADEM, A-D-E-M, and we were expanding the sampling in at that time four specific areas. In each case the property would have been in a particular area that was designated as a soil sampling area, and so I explained to them what we were -- what we were doing and that if they did agree for us to take soil samples, I explained how we could do that. Then we would certainly communicate the results to them. How were the people picked? As I recall, the four areas -- and I think it was like Area A, B, C and D -- KRIEGSHAUSER REPORTING & VIDEO HARTOLDMONO014222 40 1 2 3 4 5 Q6 7 A. 8 Q. 9 A. 1 0 Q. 11 12 13 14 15 16 17 18 19 20 Q. 21 22 23 A. were chosen by ADEM, Alabama Department of Environmental Management, in conjunction with the Alabama Department of Health. Now in the testing, did you all use imm u n o -- or how do you say it? Immunoassay screening technique? Yes . Yes, we did. Do you know what percentage of your tests were sent to the lab? MR. NEWSOM: What time period are we talking about here? MR. STEWART: Any time period he done the tests. I think they do that, anyway, now. MR. NEWSOM: Well, again, Donald, I think you're going well before January. (By Mr. Stewart) I'll just ask you: Are you all still using those tests? MR. NEWSOM: That's fine. I believe we are, yes. KRIEGSHAUSER REPORTING & VIDEO HARTOLDMONO014223 41 1 Q. 2 3 A. 4 Q. 5 A. 6 Q7 A. 8 Q 9 10 A. 11 1 2 Q 13 14 15 1 6 A. 1 7 Q. 1 8 A. 19 20 21 22 Q. 23 A. (By Mr. Stewart) Did you ever recommend those tests to anyone else? Did I - Yes. -- ever recommend? Yes. No , sir. Did you ever meet with someone from -- from EPA and discuss those tests? I have never met with anyone from the EPA , no . You ' v e never, since you've been involved in this site and after that deposition that was taken in this case, met with a woman named "Karen Knight"? I met Karen Knight. Wasn't it at the field office there? At the downtown Anniston office. I was in Anniston, and I went over -- or someone took me over there because they had a reason to go by that office. Who ? Richard Williams. KRIEGSHAUSER REPORTING & VIDEO HARTOLDMONO014224 42 1 Q2 3 A. 4 5 6 7 8 9 10 11 Q 12 1 3 A. 14 15 16 Q17 A. 18 Q19 20 21 22 A . 23 Q What did you and Mr. Richard Williams go to that office for that morning? As I recall, Richard Williams was -- and I'm not sure whether he was taking something to Ms. Knight or whether he was responding to something that she had requested. I'm not sure. My involvement was nothing more than meeting her. I wasn't privy to the conversation that they had. Did you all meet in the front office there or did you go in the back office? I've only been in the front office, right when you go through the front door. Did you sign in? Yes, I did. Okay . And is it your testimony here today , Mr. E1e y, that you did not go to the back office of that facility on that day? That's correct. Did Mr. Williams? KRIEGSHAUSER REPORTING & VIDEO HARTOLDMONO014225 43 1 A. 2 Q. 3 4 5 A. 6 7 8 9 1 0 Q. 1 1 A. 1 2 Q. 13 14 15 1 6 A. 1 7 Q. 18 19 A. 20 Q. 21 2 2 A. 23 I don't believe he did. Is it your testimony here today that what he took -- Do you know what he took to them that day? I'mnot sure he took anything. I-- I just don't recall whether he -- whether he had a document that he took or whether he went by there in response to a question that she had. I'm not sure. Do you remember what thequestion was? No, I do not. So it's your testimony here today that you had no conversations other than just an introductory type conversation with Ms. Knight on that day? That's correct. Did you ever meet her again or talk to her again about anything? No . Soyou had the one meetingwith her. Do you remember about what time that was? I think I can only generallyframe it in time by stating it was, I believe, KRIEGSHAUSER REPORTING & VIDEO HARTOLDMONO014226 44 1 2 3 4 5 6 7 8 9 1 0 A. 11 12 1 3 Q. 14 15 16 17 18 19 20 21 22 23 within the first couple of months that she was there in Anniston and set up that -- that offi c e, but I ' m not sure when that -- when that occurred. Was she conducting tests? MR. NEWSOM: That -- That time or------- MR. STEWART: In that time frame, soil sampling tests. I don't recall. I'm not sure when the EPA first started conducting soil sampling. (By Mr. Stewart) Do you know whether or not Mr. Williams had been there before you talked to her? MR. NEWSOM: Again, you're taking the witness well before January of '99. Is that correct? Or are you asking him about since January of '99? MR. STEWART: I'm asking the witness about a meeting he KRIEGSHAUSER REPORTING & VIDEO HARTOLDMONO014227 45 1 2 3 4 5 Q. 6 7 8 9 10 1 1 A. 12 13 14 15 16 17 18 1 9 Q. 20 A. 21 22 23 had with Ms. Karen Knight, andI understood that it was sometime after she set the office up. (By Mr. Stewart) Would that have been in the Spring of '99? MR. NEWSOM: Wait a minute. Wait a minute. Wait a minute. Well, all right. Ask him. That's fine. It would have been -- From what I recall, Karen Knight, EPA, set up the office of Community Relations or their office on -- I believe it was Noble Street, and it hadn't been that -- that long since they were located at that office that I happened to be in Anniston. That would have been the Spring of '99? I'm not sure. I couldn't tell you what -- what time frame it was. The only -- The only -- The only way I can judge it is I know the office had not been there KRIEGSHAUSER REPORTING & VIDEO HARTOLDMONO014228 46 1 2 3 4 Q. 5 6 7 8 9 10 11 12 13 1 4 A. 15 16 17 18 19 20 2 1 Q. 22 23 A. that long in place when I was there. As I recall, the weather was somewhat mild, so it -- it may have been in the spring. All right. And it's your testimony here today that you did not have any conversations, nor did Mr. Williams, with Miss Knight on that day, whenever it was, about soil sampling? MR . NEWSOM: Well , I object to the form. I think he said h e w a s n ' t privy to conversations between Ms. Knight and Mr. Williams. Well, that's correct. Now I know that I did not. At the same time, as I recall, Mr. Williams talked briefly with Karen Knight, but I don't know what the substance of that or the details or even the generalities of that conversation were. (By Mr. Stewart) Where were you when that conversation took place? I was outside the front of the building. KRIEGSHAUSER REPORTING & VIDEO HARTOLDMONO014229 47 1 Q. 2 3 A. 4 5 6 7 Q 8 9 10 A. 1 1 Q 12 13 14 15 1 6 A. 17 1 8 Q. 1 9 A. 20 21 22 2 3 Q. So he was inside the office talking to her? I think he was also outside talki ng with her but some distance from me and , a s I recall, there was the typical car traffic that you get on Noble Street. So you just didn't overhear what they said. You don't know what they were talking about? That' s correct, I do not. So if Ms. Knight said to someone that you and she discussed soil tests and the appropriate tests or the method that you all used to sample for PCBs in soil, she would be mistaken? That's correct, and she probably wouldn't even know who I am. So she wouldn't know who you were? I'm saying she probably -- it's likely that she would not know who I am unless she happened to remember that -- that we met but I think it's unlikely. So if she said that, she probably got KRIEGSHAUSER REPORTING & VIDEO HARTOLDMONO014230 48 1 2 A. 3 Q. 4 A. 5 Q. 6 7 8 A. 9 10 11 1 2 Q. 1 3 A. 1 4 Q. 15 1 6 A. 17 18 19 20 Q. 21 22 2 3 A. you mixed up with somebody else? Oh, there's no doubt about that. Okay. That's correct. Now were you all using thisimmunoassay test at that time in the Spring of '99 to test properties? We were using an immunoassay screening technique, and I think it's basically the same screening technique that is used today. Used today by who? By Mike Price. Now who is Mike -- WasGenesis doing your all's testing then? At that time Mike Price was doing the testing, but I don't know whether Mike and the other principal had formed Genesis . What were the detectionlimits? MR. NEWSOM: Of the immunoassay? MR. STEWART : Yeah . Generally, and again this is -- this is KRIEGSHAUSER REPORTING & VIDEO HARTOLDMONO014231 49 1 2 3 4 5 6 7 8 A. 9 1 0 Q1 1 A. 12 13 14 15 Q 16 17 A 18 Q 19 20 A 21 Q 22 A 23 my understanding because I'm certainly not an expert in that technique, is you can get these immunoassay kits that will screen positive at one PPM, two PPM, five PPM, ten PPM, and conceivably at higher levels. What were you using? We were using, I believe -- We were screening at 5 PPM . How did you arrive at that? I think that was the procedure that was spelled out in the sampling methodology por tion of the consent agreement with ADEM . Now did you work that out or did someone else? Someone else. So you -- you understand that to be a part of the consent decree with ADEM? That's my -- That's my understanding. Did you see that in writing anywhere? I thought that that was in writing as a part of the original consent agreement. KRIEGSHAUSER REPORTING & VIDEO HARTOLDMONO014232 50 1Q 2 3 4 5 6 A. 7 Q 8 9 10 Q 11 12 13 14 15 16 17 18 19 Q 20 21 22 23 Q Are you telling me that you remember seeing that in writing as a part of the original consent agreement? Is that what your recollection is today as you sit here? That's true, yes. And was that the you all used for MR. NEWSOM: When? (By Mr. Stewart) In the Spring of '99 or anytime. In that -- that -- that period and, again, I think the time frame that I'm talking about using the immunoassay screening technigue in the context of that administrative agreement or order or whatever you -- we call that that goes back to March, 1996. So that's been the screening level throughou t ? Well, that was the screening level that we used under that consent agreement. You're saying that it was in place in KRIEGSHAUSER REPORTING & VIDEO HARTOLDMONO014233 51 1 2 3 4 A. 5 6 7 Q. 8 9 10 11 12 13 14 15 16 17 A. 18 19 Q 20 21 A. 22 Q 23 '99. Was it in place in 2000? I mean is that the screening level you all used in 2000, 2001 on residential properties? Well, it's my understanding we used different screening levels at different times . Well, I'm asking you now first in the Spring of '99 and then 20 00 , and let's start with '99 . What do you unde r s t a n d the screening level to be in the Spring of '99 for that particular test? MR. NEWSOM: For residential? MR. STEWART: Any property. Residential is what I have particular reference to right now. After that -- After that time, I don ' t know. (By Mr . Stewart) After what time 7 After the Spring o f '99? After the Spring o f 1999 Are you telling m e that the detec t i on level -- screening level for this KRIEGSHAUSER REPORTING & VIDEO HARTOLDMONO014234 52 1 2 A. 3 4 5 6 7 Q. 8 9 10 1 1 A. 1 2 Q. 13 14 15 16 17 18 19 20 A . 21 Q 22 23 immunoassay test changed? Well, by its very nature, you can -- you change when you buy a -- It's my understanding you buy a kit, and you will have a screening level of 5 or 2 or 1 or 50 or 10. I understand that. I'm just -- Let me just ask it this way: What kind of kits were you using as far as the screening level in the Spring of '99, if you know? I don't know. Okay. You don't know anything about 2 0 0 0? MR. NEWSOM: I guess you mean anything about 2000, what kits they were using, were being used in 2000 -- MR. STEWART : Yeah. MR. NEWSOM: -- for residential No. No. (By Mr. Stewart) Well, what kind o f detection levels did you use when you split samples with the Plaintiffs i n KRIEGSHAUSER REPORTING & VIDEO HARTOLDMONO014235 53 1 2 A. 3 4 5 6 Q 7 A. 8 9 10 Q 11 12 13 14 A. 15 Q16 1 7 A. 18 19 20 21 22 23 Q - Abernathy case? Didn't you handle that? Well, I wasn't involved in the analytical side. I was -- I guess I was the Monsanto or the Solutia representative -- Onsite? -- that was onsite. I didn't really have anything to do with the taking of samples or the analysis of samples. Now is it your statement here today, M r . E 1 e y , that you had nothing to do with that even just as the Mons an to representative onsite? That's correct, yes. You didn't help pick the places where they were going to sample? No. The only thing that -- that I would do is Mike Price would look at a particular property and the area of a particular property and then he would just advise me or let me know how many samples they were looking at taking. So it's your testimony here today that KRIEGSHAUSER REPORTING & VIDEO HARTOLDMONO014236 54 1 2 3 A. 4 Q. 5 6 7 A. 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 Q. you said nothing about where they were going to sample? Correct. And you said nothing about the number of samples that they were going to take on any particular piece of property? There may have been only a couple of properties, and I'm not even sure of that. There may have been a couple of properties that Mike indicated, you know, they're taking -- they plan on taking four samples. And I might have then looked at that particular property and said, "Well, you know, we had another property that was a smaller property and then we took five and, you know, so is four enough?" And I guess I was just used to Mike just to kind of say, "Well, we're going to have four. Do you think that is representative of, you know, what we've been doing at the other locations?" Did you have a mobile lab analyzing the KRIEGSHAUSER REPORTING & VIDEO HARTOLDMONO014237 55 1 2 A. 3 4 5 6 7 8 Q. 9 A. 10 11 1 2 Q. 13 1 4 A. 15 1 6 Q. 17 18 1 9 A. 20 Q. 2 1 A. 22 23 soil sample results on that day? As we started, and we did this one week in -- over one week in-- I believe it was 2000, the middle of 2000 or whenever we did that work, there was, as I understand, a mobile lab that was set up . Where was that set up? It was set up directly north of the Monsanto plant on property owned by the plant . Allright. And how was it housed? What was it housed in? As Irecall, it was a trailer.It was a trailer . And was that Mike Price's company that did that analytical work or was it another company? I think it was another company. Was that Savannah Labs? I think it was another analytical testing company other than Savannah Labs. KRIEGSHAUSER REPORTING & VIDEO HARTOLDMONO014238 56 1 Q 2 3 A. 4 Q5 6 A. 7 Q. 8 A. 9 Q. 1 0 A. 1 1 Q. 12 1 3 A. 14 15 16 17 18 19 20 A . 21 22 23 And do you know how that company was chosen? No , I do not. Did that -- Weren't there some analyses o f soil samples done by that mobile lab? I believe that's correct. What were the results? I don' t know. Who would? Mike Price. Why is it that you stopped using the mobile lab? I don' t know. MR. NEWSOM: Let me just object to the form. "You" meaning Solutia orthe people who agreed initially, including the Plaintiffs, that it would be a mobilelab? Yeah, and I don't know. MR . STEWART: I'll move to strike. Just make form objections / i f you would. I really don't need that. We had KRIEGSHAUSER REPORTING & VIDEO HARTOLDMONO014239 57 1 2 3 4 5 Q. 6 7 A. 8 9 Q. 10 11 12 13 14 15 16 17 18 19 20 21 22 23 nothing to do , for the record , of a mobile lab. We d o have some concerns about data that w e can' t find which Mr. Eley has told me about. (By Mr. Stewart) Mr. Eley, who got those results? Did you? Any results, any analytical results from the lab would have gone to Mike Price. So Mr. Price -- if Mr. Price says that he didn't get any results from the lab, where would they have gone? This mobile lab I'm talking about. MR. NEWSOM: I'll object to the form because the witness may not know but you clearly know that that's not what Mike Price said, and I was at his deposition. So let's just don't be so boldly -- Let's don't so boldly misstate what somebody said and then ask the witness to assume it. Or why don't you ask him whether KRIEGSHAUSER REPORTING & VIDEO HARTOLDMONO014240 58 1 2 3 4 5 6 7 8 9 10 11 12 13 1 4 Q. 15 16 A. 1 7 Q. 18 1 9 A. 20 21 22 23 he knows that Mike Price said that. MR. STEWART: Why don't you make your objection as to form. MR. NEWSOM: Okay. My objection to form -- My objection is beyond form and that is that you -- that you are absolutely misstating what Mike Price says. In fairness to the deponent, he doesn't know that but you certainly know that. (By Mr. Stewart) Did you get any resultsfrom this lab at all? No. Did you know what they were? MR.NEWSOM: Object to the form. The onlything that I knew is we sampled, as I recall, properties at 12 or 13 -- I think it was 12 or 13 locations. At the end of that, Mike Price provided Solutia, and I had KRIEGSHAUSER REPORTING & VIDEO HARTOLDMONO014241 59 1 2 3 4 5 6 7 Q. 8 9 1 0 A. 11 12 13 14 15 16 Q 17 18 19 20 21 A. 22 Q 23 the opportunity to review the report, with the results of all the samples he had taken on these various -- at these various locations, along with, I guess, little plot maps of where individual samples were taken. Now were those plot maps reflective of the analysis that was done by the mobile lab? Those plot maps, along with the list of the results, were the results, and I don't know whether those results reflected a mobile lab or a stationary lab or wherever those -- those samples were analyzed. At some time, M r . Eley, was there not decision made t o send the results t o someplace other -- I mean the samples to someplace other than the mobile lab for analysis? A S I recall, that 's true. S o let me see if I'm clear about this now . There were some analyses made in KRIEGSHAUSER REPORTING & VIDEO HARTOLDMONO014242 60 1 2 A. 3 Q 4 5 6 Q7 8 A. 9 10 11 12 13 14 15 16 1 7 Q18 19 20 A . 2 1 Q22 23 the field at the mobile lab, correct? That's correct. And there was some concern about those results by Monsanto -- MR. NEWSOM: Object to the form. -- and Solutia? MR. NEWSOM: Object to the form. That, I don't know. I just know -- It's my understanding that there was results, analytical results, that were done by a mobile lab. And as I recall, I know there was an issue with the mobile lab being able to generate the results in timely fashion. And as I recall, there were other analyses done by a stationary lab . (By Mr. Stewart) Of the same sample that had already been analyzed by the mobile lab? That, I don't know. Well, maybe I misunderstood you earlier, but I thought you had indicated that there had been some analysis performed KRIEGSHAUSER REPORTING & VIDEO HARTOLDMONO014243 61 1 2 3 4 A. 5 Q 6 7 8 A. 9 Q 10 11 1 2 A. 13 14 15 16 17 Q18 19 A. 20 21 22 23 Q by the mobile lab of some of these soil samples that were split with the Plaintiffs off the Plaintiffs' property. That's correct. Okay. And there were some results then achieved by whatever means they did it by the mobile lab in the field? By both the mobile lab and another lab. I'm just concerned now about the mobile lab, Mr. Eley. MR . NEWSOM : well , -- Okay . MR. NEWSOM: -- you can answer it however you need to answer it. Don't worry about whether or not --------- (By Mr. Stewart) I'm just concerned about the mobile lab. Okay. MR. STEWART: I wish you wouldn't do that, Eddie, That's improper . (By Mr. Stewart) I'm just asking you KRIEGSHAUSER REPORTING & VIDEO HARTOLDMONO014244 62 1 2 3 A. 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 Q20 21 A. 22 Q 23 about the mobile lab, and that's what I want the answer to. Okay . MR. STEWART: I'll ask him about that, if I want to. MR. NEWSOM: You can ask him -- I agree you can ask him whatever you want t o . He also can give the answer that he believes is responsive. MR. STEWART: I would just ask you to instruct your witness just to be responsive to the question. I'm trying to be as clear about it as I can. I've got two of you here I'm trying to deal with. Mr. Eley seems to understand. (By Mr. Stewart) I ' m just asking about the mobile lab. Okay, sir. And y ou' r e saying that the results that were provided to Mike came from in part KRIEGSHAUSER REPORTING & VIDEO HARTOLDMONO014245 63 1 2 3 A. 4 Q 5 6 7 8 9 A. 10 Q 11 12 13 14 15 16 17 18 19 20 21 22 23 that mobile lab, the analyses that were done? That's my understanding. Okay. And then that same soil sample result that had been analyzed by the mobile lab was also sent to be analyzed by the stationary lab? MR. NEWSOM: Object to the form. That, I don't know. (By Mr. Stewart) So we have possibly a combination of results as far as analyses are concerned both from the mobile lab and from the stationary lab? Do you know that? MR. NEWSOM: Object to the form. Do you mean a combination of the same samples -- MR. STEWART: No. MR. NEWSOM: -- or for the timeliness reasons he alluded to with a stationary lab? Your question is vague as to whether you're talking about KRIEGSHAUSER REPORTING & VIDEO HARTOLDMONO014246 64 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 Q17 18 19 20 21 22 A. 23 Q the same sample MR. STEWART: Quit making speeches . MR. NEWSOM: No. No. It's clearly unfair. MR. STEWART: Quit making speaking objections. Quit making speaking objections. Just let me ask the question. I f he doesn't understand, you got a perf ect right, Mr. E1e y - - you've been deposed a number of times -- you got a perfect right to ask me to rephrase it. ( By Mr. Stewart) Is it my understanding that the results that we got, because they were provided to the Plaintiffs, i s a combination of the analyses that came both from the mobile lab and from the stationary lab? That 's my understandi ng . Okay . And why is it that the mobile lab KRIEGSHAUSER REPORTING & VIDEO HARTOLDMONO014247 65 1 2 3 4 A. 5 6 7 8 9 1 0 Q. 11 12 13 14 15 16 17 18 19 20 21 22 23 was -- was -- the results were questioned? Are you saying they couldn't get them done in time? Well, as I recall, I know that that was -- it seemed like that was a factor was the timeliness of the -- the analysis that was being done. There could have been other factors, but I'm not aware of those, the other factors. So you're saying the mobile lab could not do those in a timely fashion? MR. NEWSOM: Object to the form. He didn't say he couldn't do some samples in a timely fashion. MR. STEWART: Mr. Newsom, that's really improper. Please quit doing that. MR. NEWSOM: It's not. Your question is improper, bad at the form, and the worst thing is you know that it is. So you're purposely making it KRIEGSHAUSER REPORTING & VIDEO HARTOLDMONO014248 66 1 2 3 4 5 6 7 8 9 1 0 Q. 11 12 13 14 1 5 A. 16 17 18 19 20 21 2 2 Q. 23 that way. MR. STEWART: No, no, I'm not purposely making it way. I'm just trying to find out what Mr. Eley knows about this sampling event. He was there. I'm just trying to find out what he knows about it . (By Mr. Stewart) So the inability of them to perform the analysis in a timely fashion is why you sent them to the lab that was stationary. Is that right, as you understand it? As I understand it, that is a factor, one of the factors, and I don't know whether that was the deciding factor or whether that was the main factor. I just recall that there was an issue in how rapidly the mobile lab could analyze the soil samples. Is it because they didn't have enough equipment in the trailer? Is that what KRIEGSHAUSER REPORTING & VIDEO HARTOLDMONO014249 67 1 2 A. 3 Q 4 5 6 7 8 A. 9 Q. 10 11 12 13 14 15 16 1 7 Q. 18 19 20 21 22 23 A. it was? That, I don't know. Okay. Do you know or can you distinguish the results that came from the mobile lab as opposed to the stationary lab if someone were to show you the results? I could not, no. Okay. Do you know of anybody at Monsanto who could or Solutia? MR. NEWSOM: Now, Donald, do you mean to include Mike Price or exclude him from that? You just mean Monsanto/Solutia folks? I mean I'm just asking. (By Mr. Stewart) I'm just asking a guestion. If he knows an answer, he can give it. MR. NEWSOM: He's just asking you about Monsanto/So1utia apparently, not ------- In terms of Monsanto or Solutia, no. KRIEGSHAUSER REPORTING & VIDEO HARTOLDMONO014250 68 1 Q. 2 3 4 5 A. 6 Q. 7 A. 8 9 10 11 12 13 14 1 5 Q. 16 17 18 19 20 21 22 23 A. (By Mr. Stewart) So you were the only person present other than Mike Price out there and the people he had sampling. Is that right? That's correct. There was no other person? Well, there was myself. There was Mike Price. There were two individuals thatworked with Mike, and then there was -- On the first day there was the head of an analytical laboratory which I believe that the -- that the Plaintiff's attorney, yourself, had used in the past. Do you know what the detection limit was that day? MR. NEWSOM: Well, let me just make sure. Were you finished with your answer? Was that all that was present? I'm not -- It sounds like he was still going. No. There was one other individual KRIEGSHAUSER REPORTING & VIDEO HARTOLDMONO014251 69 1 2 Q3 A. 4 5 6 7 8 9 10 1 1 Q. 12 1 3 A. 14 15 1 6 Q. 17 18 1 9 A. 20 21 Q22 23 that Clifford Davidson? Clifford Davidson, yes . Okay. I d i d n ' t recall what his name was. And he was there as kind of our - - I guess I would say our chaperone that week. And also I -- Yeah . Also, he was involved i n the sampling from the standpoint of handling split samples and the bottles and I think the labels and that type of thing. All right. Do youknow what the detection limit was? I think the detection limit was -- I think the detection limit was about .5 PPM or milligrams per kilogram. So if anything below .5 was found, say an aroclor or PCBs,you wouldn'treport that? Well, you would report the result as less than 0.5 PPM. Okay. Let ' s say you had some 12 -- you found some 12 68 and i t was .4 and you found 12 4 2 and i t was . 3 . You wou1dn ' t KRIEGSHAUSER REPORTING & VIDEO HARTOLDMONO014252 70 1 2 A. 3 4 Q. 5 6 A. 7 8 9 10 11 Q. 1 2 A. 13 14 15 16 17 18 19 20 21 22 23 report either one of those, would you? I think that's -- I think that's correct but I'm not sure. You would report those "BDL," below the detection limit? Well, typically, what would be reported to Solutia that I'm aware of is the individual concentrations for a number of different aroclor mixtures and then there would be total PCBs. Right. It appeared t o me that the total PCBs was kind of a n addition o f all of these mixtures . But when an analytical lab does the analysis by this particular technique and that technique is spelled out, as I understand, in detail in one of the EPA methods -- and by the way, that EPA method, I think, was referenced in the consent agreement, the original consent agreement -- I'm not sure how the analytical procedure captures the concentration of each one of these KRIEGSHAUSER REPORTING & VIDEO HARTOLDMONO014253 71 1 2 Q3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 results. Well, I thought you just got through telling me just before you went through that recitation o f those facts that i f you had . 4 of 1 268 and .3 of parts per mill ion o f 12 4 2 o r 1260, you would not report those as a part of a larger figure where you added them up? In other words, that -- that's below the .5 or the detection limit for that particular testing, right? Is that MR. NEWSOM: Well, I'll object to the form of the question. It's compound, and that's not what he said. He said he thought that, and your earlier question didn'thave anything to do with total PCBs. You asked him about 1268 and 1242 individually, so you -- you misstated what you asked him and misstated KRIEGSHAUSER REPORTING & VIDEO HARTOLDMONO014254 1 2 Q. 3 4 5 A. 6 7 8 9 Q. 10 11 1 2 A. 1 3 Q. 1 4 A. 15 16 1 7 Q18 A. 19 20 21 2 2 Q. 23 his answer. (By Mr. Stewart) Go ahead, Mr. Eley. Would you report that as a part of the total, the .4? I think I indicated in the prior answer that it's my understanding that -- that that's the way that you would report that. In other words, you would add the .4 and the .3 and the 1260. Let's say it's .3. You would add all those together? Well, if it was .4, for example, ------Of 1268? Yes. It wouldn't be .4. The detection limit is .5 in my -- the scenario I'm talking about. So you wouldn't add the .4 to the . 3? No , because you wou1d n' t have any . 4 , nor would you have a .3. You would just have less than 5, less than 5, less than 5. So my assumption about the detection limit was -- and the way you all used it KRIEGSHAUSER REPORTING & VIDEO HARTOLDMONO014255 73 1 2 3 4 5 6 7 A. 8 Q. 9 10 11 12 A. 13 14 1 5 Q. 1 6 A. 1 7 Q. 18 19 20 2 1 A. 22 23 Q. for these tests is correct then? You would not -- If it was below .5 parts per million for any one of these aroclors, 1268, 1242 or 1260, that would just be below the detection limit and that's the way you would report it? That's correct. All right. And what method is that that the EPA -- This is something the EPA allowed you all to use or ADEM o r who was it that allowed you to use it? During most of my i nvolvement w i t h the sampling, it was done under the consent agreement or consent order with ADEM. ADEM. A-D-E-M. Right. Is that -- I'mfamiliar with that. Is that what you all are still using as far as testing detection limits are concerned? I'm not sure what we're using at this -- at this point. Okay. Now you understood, ofcourse, KRIEGSHAUSER REPORTING & VIDEO HARTOLDMONO014256 74 1 2 3 4 5Q 6 7A 8Q 9A 10 Q 11 A 12 13 14 Q 15 A 16 Q 17 18 A 19 Q 20 21 22 23 that these were all residential properties -- MR. NEWSOM: You're talking abou t-------- -- to achieve the testing at this testing site? You mean the 13 properties -- Yeah. -- that we tested in 2000? Right . Yes. Those were all -- No, they weren't all residential. There was one that was c omme r cia 1 . Okay. Which one was that? McCord's Grocery. Okay. Other than McCord's, were the rest of them residential? I believe so. Okay. Now, Mr. Eley, would it be fair to say that in setting this detection limit, you might miss some PCBs in your arithmetic total at the end? MR. NEWSOM: Object to form. KRIEGSHAUSER REPORTING & VIDEO HARTOLDMONO014257 75 1 A. 2 3 Q. 4 5 6 7 A. 8 9 10 11 1 2 Q 13 A. 14 15 16 17 18 19 20 Q. 21 22 23 If you would, state that question again, please . (By Mr. Stewart) Well, if you didn't report .4, .3, .3, that would give you over a part per million of total PCBs on a property, wouldn't it? If my understanding of that -- that methodology is correct, the analytical technique that you use, then that would be -- that would b e the case if you were t o add up -- All right. -- all of these and you did , in fact, for each one of the mixtures have a . 3, 4 , . 3 , .4 . And i f m y un d e r s tanding of that procedure is correct where you then would add all of those, then the total would be whatever the total would be, and it conceivably could be above 1. Tell me, if you would, Mr. Eley -- I don't know whether I got the method. Do you know the method or the name of the method that you all were using on that KRIEGSHAUSER REPORTING & VIDEO HARTOLDMONO014258 76 1 2 A. 3 4 5 6 Q. 7 A. 8 9 10 Q1 1 A. 12 Q13 14 15 16 1 7 A. 1 8 Q. 1 9 A. 2 0 Q. 21 22 2 3 A. day? The method -- Idon't know the method number but there is a method number -- methods number and there's several digits . AD-80 or AD-2 80 ? AD-60 or something of that sort, but I believe that that method number is spelled out in the consent agreement. With -- With ADEM ? With ADEM . Tell me, if you would, if you know as you s it here today, if there were other methods that were approved by the EPA that could have been used on the property? For PCBs? Yes, to analyze for PCBs. Oh, yeah. No, I do not know. Okay. And do you know whether or not this is the method that EPA had used in their soil sampling in the area? No. I'm not sure what specific method KRIEGSHAUSER REPORTING & VIDEO HARTOL DMO N0014259 77 1 2 3Q 4 5 6 7 8 A. 9 Q 10 A. 11 Q12 A. 13 14 15 Q16 17 18 19 20 21 22 A 23 Q the EPA has used to analyze their soil samples. Did you all do a composite sampling or was it particular sites that you all sample and then analyze from that particular site what you found out the soil sample? And this is at the 13 properties -- Right . -- or is this back -- No . The 13 properties. The 13 properties? No. These were discrete samples and not composite s ample s . And why is it that you chose to do discrete samples then as opposed to not compositing the samples? MR. NEWSOM: Object to the form to the extent he -- "you" in your guestion means him decided it. I'm not -- No, I don't know. (By Mr. Stewart) Well, did you select KRIEGSHAUSER REPORTING & VIDEO HARTOLDMONO014260 78 1 2 3 4 A. 5 6 7 8 9 10 Q11 12 A. 1 3 Q 14 1 5 A. 16 Q 17 A. 18 Q 1 9 A. 20 21 22 23 the -- or make the decision just to do discrete sampl ing and not composite sampling? I don't think I made that decision. I think that if you look at the sampling that had been done, then typically -- in characterizing the PCB in soil levels on the property, then we generally did discrete sampl ing. That's the way you did it on the Miller property? That's correct And tell me, i f you would, if you all gridded any of this property. "Gridded" -Right. -- the property? Right. I think that as Mike Price and his -- his people went around and made the initial tour of the property, then I think he had a tendency to grid out a property, if you will, in his own mind KRIEGSHAUSER REPORTING & VIDEO HARTOLDMONO014261 79 1 2 3 Q. 4 5 6 7 8 9 10 11 12 13 14 15 A. 1 6 Q1 7 A. 18 Q 19 A. 20 21 22 23 and then use that grid pattern to select sampling locations. Tell me, Mr. Eley, if you can, how deep did you all go in the -- in each site? MR. NEWSOM: And again, Donald, we're still talking about back then and not the recent, any recent sampling? MR. STEWART: Talking about the 13 -- 13 properties. MR. NEWSOM: But back then and not the recent sampling? MR. STEWART: I'm talking about the------- The 13 properties? ( By Mr. Stewart) Yeah. And I think it was ------- June of -- June of 2000. I ' m thinking it was in June or April of 2 00 0 or whenever that time was. As I recall, we took a surface sample, and I believe the surface sample was zero to three inches. And we took a subsurface KRIEGSHAUSER REPORTING & VIDEO HARTOLDMONO014262 80 1 sample at every location that we could 2 take a subsurface sample, but I don't 3 recall whether the subsurface sample was 4 three to six inches below grade or 5 whether it was six to twelve inches 6 below grade. 7 Q. So it's your testimony here today that 8 you all took a sample from zero to three 9 inches at the various locations? 1 0 A. Correct. Could we take a short break so 1 1 I could use the men's room? 1 2 Q. Yes, sir. 13 1 4 (At this point a short break was 1 5 taken. ) 16 1 7 Q. (By Mr. Stewart) Did you ever see the 1 8 final results on these soil samples that 1 9 took place -- This says in May of 2000. 20 Did you ever see them? 21 A. Yes. 22 Q. Okay. Let me mark as Plaintiff's 23 Exhibit #1 to your deposition something KRIEGSHAUSER REPORTING & VIDEO HARTOLDMONO014263 81 1 2 3 4 5 6 A. 7 Q. 8 9 10 1 1 A. 12 1 3 Q. 14 1 5 A. 1 6 Q. 17 18 19 20 2 1 A. 2 2 Q. 23 that's been provided to me previously by your -- one of your attorneys, Buddy Cox. And will you look through that, and let me ask you if that appears to be the soil sampling? Okay. Does Plaintiff's #1 indicate the results that you recall or recollect seeing from that May, 2000, sampling of the 13 properties? Yes, this is a facsimile of what I recall seeing. All right. And that's what you got from Genesis Project? That's correct, yes. And let's take a look at -- And I hope that this is the same first page of your Plaintiff's Exhibit #1. I'm looking at a copy that I made. It's the soil sampling results for 2424 Griffis? Correct. Now when you looked at -- There's a little paragraph that's entitled KRIEGSHAUSER REPORTING & VIDEO HARTOLDMONO014264 82 1 2 3A 4Q 5 6 7 8A 9Q 10 11 12 A 13 Q 14 A 15 Q 16 17 18 19 20 21 22 23 Q "Legend" in the left-hand corner of that. Correct. And it says under "Legend" "HA-11", and that's just a sample location and designation to tell someone what that -- what that means? Correct. And then "BDL" and "Surface Lab Results"? It's right under that HA-11 over in that left-hand corner. Correct, Surface Lab Results. And that says "0 to 6 inches"? Correct. You had previously told us that it was 0 to 3 inches. That's correct. MR. NEWSOM: He thought it was. Ithought it was 0 to 3. MR. STEWART: I understand, Mr. Newsom. I'm just trying to refresh his recollection. (ByMr. Stewart) Now after seeing KRIEGSHAUSER REPORTING & VIDEO HARTOLD MON0014265 83 1 2 3 4 5 A. 6 7 8 Q9 10 11 A. 12 Q 13 1 4 A. 15 16 1 7 Q18 A. 19 Q20 21 A. 22 Q 23 Plaintiff's Exhibit #1, do you recall you all having gone down on each of these when you did what you called a surface sample 0 to 6 inches? This indicates it would have been, in fact, 0 to 6 inches that would have been sampled at the surface. That's what you all called a surface sample for this particular sampling event? That's correct. So when you said 3, rather than 3, it's 0 to 6? That's correct, because you recall I said earlier that I didn't physically take any sample. 1 understand. Yes. I'm just asking to clarify that particular point, Mr. Eley. That is correct. There's a subsurface lab result, and that says 12 to 15 inches. KRIEGSHAUSER REPORTING & VIDEO HARTOLDMONO014266 84 1 A. 2 Q3 4 5 A. 6 7 8 9 Q10 11 12 13 14 15 16 17 18 19 20 21 22 A . 23 Correct . Does that mean you all went down to get some kind of subsurface result 12 to 15 inches? Correct. You would go 12 inches below grade and then you would take a sample at that layer of soil located between 12 inches and 15 inches below grade. All right. So am I to understand you did not do a core sample? You just dug down 12 inches and then took a sample of dirt from 12 inches to 15 inches and sampled that? MR. NEWSOM: Okay. Well, that's not a big point. He didn't do this. MR. STEWART: I understand that. He was there, Eddie. I'm just asking him what he knows. MR. NEWSOM : Okay . I'm not sure whether they used a core sampler to get that 12 to 15 or they had KRIEGSHAUSER REPORTING & VIDEO HARTOLDMONO014267 85 1 2 3 4 5 6 7 8 Q 9 A. 10 Q11 12 1 3 A. 1 4 Q1 5 A. 16 Q17 18 A. 19 20 21 22 23 a -- They would take a surface sample of 0 to 6. And so another way to take that sample is to go ahead and auger out the next six inches and then go down three more inches. So I 'm not sure whether core is -- I d i dn ' t think cores -- core samples were taken -- Okay. -- but maybe they were. No . I don't know . I wasn't there. I' just trying to ask you to find out. That's just my guestion to you. All right. "NS" means "Not Sampled"? That's correct. Do you know why or have any idea as to why any particular site was not sampled? It's been m y experience, and I think it's true a t some of these locations, that it's typical you will see a "not sampled" at a subsurface sample only because you get rejection before you get to a distance of 12 inches. KRIEGSHAUSER REPORTING & VIDEO HARTOLDMONO014268 86 1 Q. 2 3 A. 4 5 Q. 6 7 8 9 1 0 A. 11 1 2 Q. 13 14 15 16 17 18 1 9 A. 20 21 22 23 You mean something obstructs you from getting down? Exactly right, whether it be rocks or bricks or that sort of thing. That's all right. So when we see an "NS," it would mean that you were in there where you might have rocks or something below the surface that would impede you from getting ------- For some reason you could not get to that required distance below surface. Okay. Now in looking at the first page of Plaintiff's Exhibit #1, where would one find the results, the actual levels that youfound? Is that under -- That's not listed down here under "Legend." Is that under the particular site that are numbered HA-11 or HA-12 or HA-13? Correct. Under each one of those sample numbers or sample descriptors, for example, HA-11, underneath each one of those are -- I won't say two numbers but two entries. The first entry reflects KRIEGSHAUSER REPORTING & VIDEO HARTOLDMONO014269 87 1 2 3 4 5 Q. 6 7 8 9 10 1 1 A. 1 2 Q13 14 15 16 A. 17 1 8 Q. 19 20 21 2 2 A. 23 the sample result for the sample that was taken at the surface. The second entry reflects the sample results of the subsurface sample that was taken. Am I correct in just a cursory review of this in saying that at this particular site -- This is 2424 Griffis; Page 1 of Plaintiff's Exhibit #1 and it's also in the right-hand corner designated as "Figure 1"? Is that correct? That is correct. That there was -- the highest level that you all found in your s ampling on this particular site was 9. 4 ? And is that parts per million? That is correct. 9.4, that would have been parts per million I want you to carefully look at it and tell me if that's correct. That was my -- just looking at it, my reading of that. Yes. It's the highest concentration reported here is 9.4 parts per million, KRIEGSHAUSER REPORTING & VIDEO HARTOLDMONO014270 88 1 2 3 Q 4 5 6 7 A. 8 9 10 1 1 Q 12 A. 13 Q14 A. 15 16 17 18 Q19 20 21 22 23 A . and that is a concentration in the surface sample at Location HA-01 . Now do you understand that Figure 1 to mean this is the first site that you all tested on that date or in that sampling event? Well, it so happens in this case that this was the property -- the first property sampled of the -- I believe it was 13. Right . And it's labeled "Figure 1." Right . Whether that system is used throughout each one of the -- each one of the properties, it appears to be so but I'm not sure of that. If -- Just to be -- clarify a little further, you do know, of course, or do you know that this is the first site? Figure 1 is the first site that you all sampled? Oh, I know, yes, this -- this was the KRIEGSHAUSER REPORTING & VIDEO HARTOLDMONO014271 89 1 2 Q. 3 A. 4 5 Q. 6 A. 7 Q. 8 9 A. 10 1 1 Q. 12 13 14 15 16 17 18 1 9 A. 20 2 1 Q. 22 23 first location that we went to -- All right. -- that -- I believe it was Monday morning . And that was when Mr. Bonner was there? That's correct. That'sMike Bonner who did soil sampling tests for the Plaintiffs? He was the analytical person that I mentioned previously. Okay. Do you all have any readings or any analysis other than these that are reflected on Plaintiff's Exhibit #1 that were done by anybody else in connection with this soil sampling result or soil sampling tests that you all did in either -- well, it says May of 2000 that you know about? That we would have done or anyone would have done? No, no. I'mtalking about you would have done. Is this the net results of what you all found out there? KRIEGSHAUSER REPORTING & VIDEO HARTOLDMONO014272 90 1 A. 2 3 Q. 4 5 6 A. 7 8 9 10 11 1 2 Q. 13 14 15 A. 1 6 Q 17 18 A. 19 20 Q21 22 23 That's correct. This is the only data for that property that I'm aware of. Okay. Did you provide this data to your boss, Bob Kaley, or did Mike provide this? Mike Price may have sent it -- I'm not sure whether he sent it directly to me or whether he sent it directly to Bob Kaley or whether Bob Kaley and I both have a copy of it. I'm not -- I'm not sure. Are you familiar with or do you know whether or not Mr. Kaley or is it "Dr. Kaley"? Dr . Kaley . Dr . Kaley sent it to -- to EPA, these results? Yes, he did send them the results t o the EPA . And do you know what comments, i f any / he made about these results to EPA? I mean how did he use these results i n his conversations with the EPA? KRIEGSHAUSER REPORTING & VIDEO HARTOLDMONO014273 91 1 A. 2 3 Q. 4 A. 5 6 7 8 9 10 11 12 13 14 15 16 1 7 Q. 18 19 20 2 1 A. 22 23 Q. Well, I don't know whether it was a conversation. Or in the letter. In -- I know there was a letter. I recall seeing the -- the cover letter, and I think that was addressed to -- I can't even remember who it was addressed to in the EPA. And as I recall, he just explained what the results were, and I believe that included -- well, I know it included a -- a Word tabular document that included the location, the sampling results that Monsanto or Solutia had got at each one of the properties and also prior sampling done by or through the Plaintiffs' attorney. And did he indicate that the property wasn't as contaminated as the Plaintiffs' attorney had contended? MR. NEWSOM: Object to the form. I think that -- that may have been the case for some properties. (By Mr. Stewart) And as a result of KRIEGSHAUSER REPORTING & VIDEO HARTOLDMONO014274 92 1 2 3 4 5 A. 6 7 8 9 10 11 12 13 14 15 16 17 1 8 Q. 19 20 21 2 2 Q. 23 these results that were taken, that the entire area wasn't as contaminated as the Plaintiffs had contended? MR. NEWSOM: Object to form. I'm not sure how he phrased it in the letter other than drawing distinctions between the two sets of results, but I don't recall whether, you know, he just brought that to the attention. MR. STEWART: Let's mark that as Plaintiff's Exhibit # 2 . (At this point the document referred to was marked for identification as Plaintiff's Exhibit #2.) (By Mr. Stewart) Now you saw the letter, didn't you? MR. NEWSOM: Well, he's looking at the letter. (By Mr. Stewart) It's on Page -- Page 2 of the letter. KRIEGSHAUSER REPORTING & VIDEO HARTOLDMONO014275 93 1 A. 2 Q. 3 4 5 6 7 8 9 10 11 12 13 14 15 1 6 Q. 17 1 8 A. 19 20 Q. 21 22 23 Yes, I've -- I have seen this letter. Now in that -- in that letter or in that tabular document that was put together, was there any indication of the detection limit that was used? MR. NEWSOM: Well, the letter and attachment speak for themselves. MR . STEWART: The a 11 achmen t i s not with i t , Mr . Newsom MR . NEWSOM: Well , i t still speaks for itself wherever it is, but you didn't provide it to him, so. MR. STEWART: It may. It may. (By Mr. Stewart) Is there anything about detection limit? So the question is is whether the tabular listing -- Right. -- of results indicated a detection level? I'm not ---- I'm not sure. Do you remember as you sit here today KRIEGSHAUSER REPORTING & VIDEO HARTOLDMONO014276 94 1 2 A. 3 Q. 4 5 6 7 8 9 10 1 1 A. 12 Q13 14 A. 15 Q16 17 1 8 A. 19 20 21 22 23 seeing a detection level listed there? No, I do not. Do you know whether or not -- You mentioned earlier that a three-inch surface sample was what you thought was taken. Does that give you better or worse results as far as soil samples are concerned for PCBs on property? MR . NEWSOM: Object to the form vague. I don't know . (By Mr. Stewart ) You don' t have any idea? No. No. Well, I just wonder where you got the three inches. Is that something you now do? No. Where the 0 to 3 inches came from, how that originated and why I thought that that was the procedure that was used here is when we did all the residential soil sampling under the consent order with ADEM starting in KRIEGSHAUSER REPORTING & VIDEO HARTOLDMONO014277 95 1 2 3 4 5 Q. 6 7 A. 8 9 10 11 12 Q 13 14 15 1 6 A. 17 Q18 A. 1 9 Q. 20 A . 2 1 Q. 22 A . 23 Q. March of 1996 and continuing for, gosh, it seems like a couple of years, the surface samples that were taken were all, as I recall, 0 to 3 inches. Do you know why that was done? Have any idea? I'm not sure whether the 0 to 3 inches was specified in the -- in the order as part of the procedure or whether it was due to that was the sampling procedure used by ADEM. Let's go back to Plaintiff' s #1 , that first page. Did you all get any levels at 2424 Griffis Street that was as high as 18 parts per million? At this location ? No, sir. Fifty-nine parts per million ? No . Twenty-five parts per million? No . One hundred thirteen parts per million? No . And am I to understand that those maps KRIEGSHAUSER REPORTING & VIDEO HARTOLDMONO014278 96 1 2 A. 3 Q. 4 5 6 7 8 9 10 11 12 1 3 Q. 14 1 5 A. 16 1 7 Q. 1 8 A. 1 9 Q. 20 A. 21 22 Q. 23 A. were sent to the EPA? That's -- That's correct. Now if those levels had been present on 2424 Griffis Street as far as PCBs are concerned, the PCB levels that I just m e n t ioned to you, would i t be fair to say that somebody missed something in the soil sampling that you all did in May of 2000? MR. NEWSOM: You're asking him assume that the levels that you gave him are accurate? (By Mr. Stewart) Did you understand my question, Mr. Eley? Ithink thequestion is -- is given the soil results that were reported -- Right. -- for this particular location -- Right. -- and as we discussed earlier, the highest level there was 9.4 PPM -- Right. -- for thesurface sample, -- KRIEGSHAUSER REPORTING & VIDEO HARTOLDMONO014279 97 1Q 2A 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 Q 18 19 20 21 22 23 Right. -- and then you just indicated that, well, if you did, in fact, have concentrations in a number of cases much higher than these, I consider to be -- I think you mentioned 59 PPM, you mentioned 113 PPM, you mentioned 18 PPM, those clearly are higher than these levels. Then if you had samples from the same property and if those samples were actually -- were, in fact, collected in the approximate area where these samples were collected, then I would say that we would have sets of results that would be in dispute of each other. What if they were collected in the same place? MR. NEWSOM; Well, object to the form. I thinkif they were collected in the same place versus if they were collected in the proximity, one foot to one side KRIEGSHAUSER REPORTING & VIDEO HARTOLDMONO014280 98 1 2 3 Q- 4 5 A. 6 Q 7 A. 8 Q- 9 10 A. 11 Q 12 13 14 15 16 A. 1 7 Q. 18 A. 1 9 Q. 20 21 22 23 and one foot to the other side, in my view it wouldn 't make any difference. But let ' s say they were collected in the same place -- Okay . -- and you got those kind of results. Okay. You're saying there was a dispute? Is that the way you would put it? Yeah. The results would be in conflict. Okay. Let' s say you had three groups of people that tested this property and found -- two of those groups found levels that were somewhat higher than the 9.4 that you all found. That were somewhat higher? Like 10? No. A good bit higher. Oh . In the same range I mentioned earlier, in the hundreds and the sixties and fifties. Somebody made a mistake, and let's say that two of the groups found those kind of levels I was talking about KRIEGSHAUSER REPORTING & VIDEO HARTOLDMONO014281 99 1 2 3 A. 4 Q. 5 6 7 8 9 1 0 A. 11 12 13 14 15 16 1 7 Q. 18 19 20 21 2 2 A. 23 and your group found this 9.4. Is that the highest? That's correct. All right. Then that would be -- Wouldn't it be fair to say that somebody messed up somewhere there, Mr. Eley? Maybe the people who found the higher levels as opposed to you all? MR. NEWSOM: Object to the form. I guess if I looked at the three data sets, I would say that the weight of the evidence tends to indicate that perhaps the concentrations on the higher side are more accurate. This, of course, assumes a number of things in my view, and I'm not a chemist by trade. (By Mr. Stewart) Well, I'll tell you what. Tell me what that assumes. MR. NEWSOM: Whoa. Wait. MR. STEWART: I want him to tell me what that assumes. It assumes that those -- in fact, those samples are taken at the same location KRIEGSHAUSER REPORTING & VIDEO HARTOLDMONO014282 1 00 1 2 3 Q. 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 A. 21 22 23 in the same manner and analyzed via the same general procedure. (By Mr. Stewart) Now if, in fact, those results are skewed so that you don't find something, say you find less than 10 on this property, certainly less than 59 or 25 parts per million. If somebody skewed the results to basically prove that the PCB concentrations on 2424 Griffis is not as high as had previously been found by the Plaintiffs, by EPA, by whoever it is, and then told EPA that this property wasn't as contaminated as, quote, "the Plaintiffs said it was," and that you ought to be careful about how you characterize that property, that could be a misrepresentation of fact, couldn't it? MR. NEWSOM: Object to the form. I guess in response it depends on -- You say someone skewed the results. Well, were the results skewed and did somebody intentionally skew the results? If I KRIEGSHAUSER REPORTING & VIDEO HARTOLDMONO014283 1 01 1 2 3 4 5 6 7 8 Q. 9 10 11 12 13 14 Q 15 16 1 7 A. 18 19 20 2 1 Q. 2 2 A. 23 Q. intentionally skew the results andthen I represent to you thatthe results are what they are and I know that I have intentionally skewed them low, then, yes, I would agree that I would misrepresent the concentrations on the property. (By Mr. Stewart) Now do you all have a responsibility, Solutia, to report honestly the results you get about contamination on properties that are adjacent to Monsanto? MR. NEWSOM:: Object to the form. (By Mr. Stewart) Can you lie about it or can you -- or must you tell the truth? It's -- It's always -- always been my experience now with going on 32 years with Monsanto and/or Solutia that the accuracy of results is paramount. No. I'm talking about ------- And you do not skew the results. Do you understand -- Do you understand KRIEGSHAUSER REPORTING & VIDEO HARTOLDMONO014284 1 02 1 2 3 4 5 6 7 A. 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 your responsibilities to the regulatory to the EPA -- Do you all have a responsibility to be truthful about results, a legal responsibility, if you know, M r . E 1 e y ? MR . NEWSOM: Object t o the form Well, from the standpoint o f a legal responsibility, I don't know the regulations that well. I do know the regulations in the industrial hygiene area and, clearly, we've got responsibilities under those regulations to report within certain accuracy limits, but I think, more importantly, it's always been my experience in Monsanto or Solutia that we have a responsibility to ourselves, to our co-workers that when we report results -- externally, internally; makes no difference -- as far as I'm concerned, that those should accurately reflect the analysis that was done. Now those analyses may be in error, and that KRIEGSHAUSER REPORTING & VIDEO HARTOLDMONO014285 1 03 1 2 3 Q. 4 5 6 7 A. 8 9 10 11 12 13 14 15 16 1 7 Q. 18 A. 1 9 Q. 20 21 22 23 certainly, I guess, happens but not intentionally. (By Mr. Stewart) Are these the maps that Dr. Kaley sent to EPA along with those tabular results? Those are, aren't they? As I recall, these are facsimiles, and it appears to me that they're-- they're reduced in size, so they're not exactly, I don't think, what was sent. I think the originals were sent, but I -- In just looking, and I, you know, would have to compare individual results with results, but this does look like the facsimile of the package of photos that were sent ordiagrams. All right. Thank you. Yes. Now you were telling us earlier what other depositions you had given, and I think you had gotten to Dyre, and -- and I believe that was the last one. Have you given any other depositions other KRIEGSHAUSER REPORTING & VIDEO HARTOLDMONO014286 1 04 1 2 A. 3 4 Q. 5 A. 6 Q. 7 8 A. 9 1 0 Q. 11 1 2 A. 1 3 Q. 1 4 A. 15 1 6 Q. 17 18 19 A. 20 Q. 21 22 23 than Dyer? Those are the only ones I recall. That includes the first deposition -- Here in this case? -- here in this case. Have you given before anydepositions in a PCB case other than this case? Other than casessurrounding the Anniston -------- Yeah. Didn't you testify in the insurance litigation? I testified in theinsurance litigation. All right. I'm not sure I would call that a -- I didn't ever consider that a PCB case. Okay. Did you do any other testimony in PCB cases before these cases in Anniston? No, sir. Okay. Now what preparation did you make for purpose of this deposition? MR. NEWSOM: And so you don't ----- And so you don't blurt it KRIEGSHAUSER REPORTING & VIDEO HARTOLDMONO014287 1 05 1 2 3 4 5 6 7 A. 8 9 10 11 12 13 14 15 Q- 1 6 A. 17 18 Q 19 20 21 A. 22 23 out, that would not include anything that you and I talked about, though you can tell him that we talked. MR. STEWART: No. I don't need that. I guess when I was first notified that the deposition would take place, and I think it was originally scheduled weeks ago, I located my original deposition testimony, the transcript, and I reviewed that, and that's been probably about at least three years or three weeks ago. All right. Then there was the -- I think the Notice of Deposition. Let me show you Plaintiff's Exhibit #3 and ask you if that's what you have reference to? Yes, it is. I reviewed the Notice of Deposition and reviewed any files that I had that might be responsive to the KRIEGSHAUSER REPORTING & VIDEO HARTOLDMONO014288 1 06 1 2 3 4 5 Q. 6 7 A. 8 9 1 0 Q. 1 1 A. 1 2 Q. 13 14 1 5 A. 16 17 18 19 20 21 22 23 requested documents that possibly had not been previously sent through counsel as a part of the overall Solutia records. Anything else you did in preparation for the deposition? And -- Well, I guess other than not to talk about what we -- but I met with my -- with the attorney. Okay. Mr. Newsom? Correct. Now tell me, if you would, what documents you brought with you in response to Plaintiff's Exhibit #3. There are six documents, and I'll have to -- There's some of these documents, by the way, that I have not reviewed in quite some time. The first two documents are correspondence to a Mr. Ricky Cofield and a Miss Darlene Roughton, R-O-U-G-H-T-O-N. MR. STEWART: Could we just for KRIEGSHAUSER REPORTING & VIDEO HARTOLDMONO014289 1 07 1 2 3 4 Q. 5 6 A. 7 Q. 8 9 1 0 A. 11 12 13 14 15 16 1 7 Q. 18 19 20 A. 2 1 Q. 22 23 the record state that those will be Exhibits #4 and #5 and could we mark them? (By Mr. Stewart) All right. The first one is a letter to Mr. Cofield? Correct. That's Exhibit #4. And this has to do with a sampling event that took place beginning June 26th of 200 1 ? Well, this happens -- this deals with an environmental investigation of the Choccolocco Creek Floodplain. That would include several phases; one phase being a -- being soil sampling and then two other phases dealing with wildlife surveys . When you say "soil sampling," are you talking about soil sampling in the floodplain? That's correct. And there's a reference in Plaintiff's Exhibit #4 to a 250-foot wide corridor along the transections. Is that on KRIEGSHAUSER REPORTING & VIDEO HARTOLDMONO014290 1 08 1 2 3A 4Q 5A 6 7 Q8 A. 9 10 11 12 13 14 15 16 17 Q- 18 19 20 A . 21 22 Q 23 either side of the creek? Is that what you're talking about? No, sir. Middle of the creek to the ------No. A transection would just be a line crossing the floodplain -- Okay. -- from one side -- generally from one side of the creek to the other side o f the creek. And the reference to 250 was really more specific to the wildlife survey just to indicate the property owners; that the people would restri c t their activity to that corridor and not just go venturing all over people's property . Okay. When you say 250- foot wide, i t ' s 125 feet on either side of that transection line? That was my intent in wr iting that, Okay. And who determined how far you would go and how was that all worked KRIEGSHAUSER REPORTING & VIDEO HARTOLDMONO014291 1 09 1 2 A. 3 Q4 5 A. 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 out? You mean the 250 feet? Right. Is that something you all worked out with ADEM? No. I think that is what I proposed t o the consultants and said, "Well, obviously, you've got a transection line. It would be almost impossible for someone to stay exactly on that line, particularly if you're going to be doing a wildlife survey." And the consultants indicated, yes, that they would be conducting the survey on each side along that transection. And my intent with the 250 feet was to try to kind of indicate the scope of activity such that I just wouldn't tell the people, "Well, we'll be out there on each side of this transection." I talked to the consultants and I said, "What I'd like to do is I would like to restrict your activity as much as possible in order to do the survey along that transection so KRIEGSHAUSER REPORTING & VIDEO HARTOLDMONO014292 110 1 2 3 4 5 6 Q. 7 8 9 10 11 12 13 14 1 5 A. 1 6 Q. 17 18 19 20 A. 21 22 23 many feet on both sides," and there was nothing at all magical about the 250. I think that's just what I proposed, 250 feet, and they said, "Sure; we can live with that." What about the depth of the sampling that you were going to do? Was that something you also worked out with the consultant or did you have t o talk t o ADEM about that? That's on Page 2. You said each sample location you would go down 0 to 6 inches and 6 to 12 inches using plastic tubes or a hand auger. Correct. You say that's correct, but I mean did you have to get that approved by ADEM or was that something you just worked out with the consultant? No. I had nothing -- no -- no part in developing that particular part of the procedure. That was already a part of the work plan that had been developed by KRIEGSHAUSER REPORTING & VIDEO HARTOLDMONO014293 111 1 2 3 4 Q. 5 A. 6 Q. 7 A. 8 Q. 9 A. 1 0 Q. 1 1 A. 1 2 Q. 1 3 A. 14 15 1 6 Q. 1 7 A. 18 1 9 Q. 20 A. 21 22 23 the consultant, BB&L, and submitted to -- I think ADEM and also the U.S. EPA . And had it been approved? Sir? Had it been approved? As I understand, yes. Why did you not choose 0 to 3 inches? That, I don't know. Just don't have any idea? No. What did BB&L suggest? 0 to 3? 0 to 6? Well, I think the -- It's my understanding the work plan was developed and written by BB&L. Right. And that's Blasland, Bouck & Lee. I think it's in here. It's in the letter, Ithink. And they developed a work plan. I read through the work plan before I developed the communication, obviously, and that was the specific procedures that was KRIEGSHAUSER REPORTING & VIDEO HARTOLDMONO014294 112 1 2 3 Q. 4 5 6 A. 7 Q 8 9 1 0 A. 1 1 Q. 12 13 14 1 5 A. 1 6 Q. 17 1 8 A. 19 20 2 1 Q. 2 2 A. 23 outlined in that plan. Why 0 to 6, I -- I don't know. Is there any clean-up proposed for the floodplain if you find a level above a certain number? Not to my knowledge. Okay. So i f you find 50 parts per million, you don ' t intend to clean anything up? I don't know. Do you have any idea about a clean-up that would be -- that would occur or take place after these soil tests were done? No. No, sir. Is there any money budgeted for a clean-up? The only thing that I recall, and this is my understanding based upon reading The Anniston Star. -- Well, that's agood source. -- and that was that there was a litigation of the Dyer Shelter Cove that KRIEGSHAUSER REPORTING & VIDEO HARTOLDMONO014295 113 1 2 3 4 5 6 Q. 7 8 A. 9 10 Q. 1 1 A. 1 2 Q. 13 1 4 A. 15 16 17 18 19 20 21 2 2 Q. 23 involved a number of property owners, most of which were on the Choccolocco Creek or Lake Logan Martin. There was a settlement in that litigation and as reported by the paper, -------- Is that what you called the MSD? A settlement? I thought it was -- I called it a legal settlement. Okay . Is that incorrect? Oh, no. I just want to know what you called it. I thought it was. Underthe legal settlement, the paper reported that there would be so much money -- at least so much money, I believe it was termed, and I'm not sure of the dollar amount but I think at least so much money that would be spent on remedial activities up and down Choccolocco Creek. Is that budgeted, though,for -- Is that a part of your budget there at the KRIEGSHAUSER REPORTING & VIDEO HARTOLDMONO014296 1 14 1 2 3 A. 4 Q. 5 A. 6 Q. 7 8 A. 9 Q. 10 11 12 1 3 A. 14 15 1 6 Q. 17 18 A. 19 Q 20 21 22 23 Anniston site? I think the figure was 21 million dollars. I'm not -- I don't know -- You don't know? -- the budget. Branchfield would be the one that would know that? That is correct. And if he didn't have anything budgeted, what would that tell you as a 32-year employee of Monsanto? MR. NEWSOM: Object to form. Well, it would tell me that if he didn't have anything budgeted, then the money might be coming out of another account. (By Mr. Stewart) Oh, it might be coming out of another account? Could be, sure. So are you telling m e that there's a reserve that's set up with some 21 million dollars or maybe a little less for this particular site in some account at Monsanto? KRIEGSHAUSER REPORTING & VIDEO HARTOLDMONO014297 115 1 2 A. 3 4 5 6 7 Q. 8 9 A. 10 Q 11 12 13 14 1 5 A. 16 17 18 Q 19 A. 20 Q 21 22 23 MR. NEWSOM: Object to form. It's my understanding that there's reserves set up, but I don't know whether they're set up specific for -- for this or -- or for that. No, I'm not clear on that. (By Mr. Stewart) Well, do you know what the figure is on those reserves? Oh, no. I mean ------Wou Id it have to be a s much as 2 1 milli on dollars if you all had settled and i ndicated that you were going to provide 21 million? MR. NEWSOM: Object to the form. Some of that -- Some of those numbers or discussion on any reserves may be a part of the Solutia annual report. (By Mr. Stewart) Okay. I don't know. All right. Okay. All right. Now what else did you have here that you brought with you today in response to the notice? KRIEGSHAUSER REPORTING & VIDEO HARTOLDMONO014298 116 1 A. 2 3 4 5 6 7 8 9 1 0 Q. 11 1 2 A. 13 14 15 16 17 1 8 Q. 1 9 A. 20 21 Q. 22 23 Okay. We talked about -- By the way, there were two letters, Exhibit #4 and #5. The second --The second letter is exactly -- It's identical to the first letter with the exception of here is a different property owner and, therefore, I have referenced the specific property that this owner hasversus the other one, and that's theonly difference. Are those the only two letters you sent out? No. There were a number of letters, some forty that were sent out, but I think all the -- all the rest of the letters that were sent out, I sent copies of those to the Solutia attorneys. You sent copies of them to who? Those would have gone directly to Buddy Cox. Would not have been sent to the property owners? Is that what you're saying or------- KRIEGSHAUSER REPORTING & VIDEO HARTOLDMONO014299 1 17 1 A. 2 3 4 5 Q. 6 A. 7 8 9 Q. 10 11 12 13 1 4 A. 15 Q. 1 6 A. 1 7 Q. 1 8 A. 19 20 2 1 Q. 22 23 A. Oh, no, no. Acopy would have been sent to the property owner. The original would have gone to the property owner, All right. -- but a copy, one copy, would have been retained by me. Another copy would have been sent to Buddy Cox. Well, maybe I'm missingsomething. Are you saying that he was to provide those to me in preparation for this deposition? Is that what you understood? That's myunderstanding, that'scorrect. Okay. Now -------- When did yousend these to Mr. Cox? These were never sent to Mr. Cox. That's why I brought these here with me today. Okay. When did you send theothers to Mr. Cox? The others -- The other ones would have KRIEGSHAUSER REPORTING & VIDEO HARTOLDMONO014300 1 18 1 2 3 4 5 6 Q. 7 A. 8 9 Q. 10 11 12 1 3 A. 1 4 Q. 1 5 A. 16 1 7 Q. 1 8 A. 19 20 21 22 23 been sent prior to June 26 th , 200 1 , and it -- I'm not sure when all of those were -- were sent out or dated , but i t would have been probably several months before this time period -- Okay. -- because this represents two property owners on what's called "Transection 1 So if we want to get those, we don't have those here today but if we want to get those, we can get those from Mr. Cox? That's correct. But they're identical to theseletters? Exactly right with the exception, like I say, -Different properties? -- different properties. MR. NEWSOM: And you clearly have them presumably in your files. My understanding from Buddy is you also have them from him, but I don't know. KRIEGSHAUSER REPORTING & VIDEO HARTOLDMONO014301 1 19 1 2 3 4 5 6 7 8 9 10 11 12 1 3 Q. 14 1 5 A. 16 17 18 1 9 Q. 20 2 1 A. 22 23 I thought I understood that. MR. STEWART: Yeah. I may have. THE WITNESS: Okay. MR. STEWART: Could we mark this as Plaintiff's Exhibit #6, I think it is? (At this point the document referred to was marked for identification as Plaintiff's Exhibit ft 6 . ) (By Mr. Stewart) Okay. What is Exhibit #6? Okay. Exhibit #6 is entitled "Snow Creek Sampling Results, West 11th Street to Choccolocco Creek - Anniston, Alabama." And those are the Snow Creek results, sediment results? These are the results of sediment samples in various portions along Snow Creek from West 11th Street down to KRIEGSHAUSER REPORTING & VIDEO HARTOLDMONO014302 1 20 1 2 3 4 5 6 7 A. 8 Q. 9 10 11 12 1 3 A. 1 4 Q. 1 5 A. 16 17 18 19 20 21 Q22 A . 23 the confluence of Snow Creek and Choccolocco Creek. When you say West 11th Street, is that -- did you d o the sampling only i n Snow Creek or did you take the 1 1 th Street ditch? Those were only Snow Creek. Now there's a -- On the first page of Plaintiff's Exhibit #6 it says, "Purchased from First Missionary Baptist Church." Did you all purchase anything from them? Yes, we did. What did you purchase? We purchased a section of Snow Creek and a wedge-shaped piece of property in a low-lying floodplain area adjacent to Snow Creek on the far east side of the property owned by First Missionary Baptist Church. Why ? The ---- And I guess I've got m y -- my opinion on why, but exactly why the KRIEGSHAUSER REPORTING & VIDEO HARTOLDMONO014303 1 21 1 2 3 Q. 4 A. 5 6 7 8 9 1 0 Q. 11 1 2 A. 13 14 15 16 17 18 19 20 21 22 23 Q. decision was made, I -- I don't know because I didn't make that decision. Okay. Who did make the decision? I think the decision was made by -- a t that time I think it wa s Alan Faust o r -- Well, I ' 11 just say i t was the Manager o f Remediation, and I don't know whether i t was Alan Faust then o r Mr. Branchfield. And then what is your theory about why that was done? My opinion is -- has been on why w e purchased that is it was in a -- kind a floodpla in area right adjacent t o Snow Creek. I was of the opinion that we would be eventually doing remedial work in that section of Snow Creek, and that if we owned the property, we would certainly be able to control access and control the property. And I think another important factor was that the -- it was unusable in its current state. Tell me -------- KRIEGSHAUSER REPORTING & VIDEO HARTOLDMONO014304 1 22 1 A. 2 3 Q. 4 5 A. 6 Q. 7 8 9 A. 10 11 12 13 1 4 Q. 1 5 A. 16 17 18 19 20 21 22 23 And by that, I mean by the nature of its locale and accessibility. Have you all purchased any property from the City of Anniston? I don't believe so. Have you purchased someproperty from individual property owners in conjunction with the City of Anniston? The only property I'maware of that we purchased, and that was property owned by the School Board, and I don't think there's a -- I don't think that would -- that would cover the City of Anniston. Where was that? That was a property -- I can't recall the address, but that was a property where eventually the new Bethel Hill Baptist or the Bethel Missionary Baptist Church was built. I ' m talking about the 12th Street area, West 12th Street, West 13th, West 14th, over the flooding -- flood zone. Did you all purchase any proper t y over KRIEGSHAUSER REPORTING & VIDEO HARTOLDMONO014305 1 23 1 2 A. 3 Q. 4 A. 5 Q. 6 7 A. 8 Q. 9 A. 1 0 Q. 1 1 A. 1 2 Q. 13 14 1 5 A. 1 6 Q. 1 7 A. 1 8 Q. 19 20 21 2 2 A. 2 3 Q. there -- No . -- when Gene Steadham wasMayor? No . Did youdo any work over there in conjunction with the City? Work -- Yes . -- by -- Work for the City? Yes. No . Did you make anycontribution to an improvement of drainage ditches or a drainage system in that area? Not that I'm aware of. North of the plant? Not that I'm aware of, no. Okay. Didyou purchase any more property other than this property from First Missionary Baptist Church that you purchased down along Snow Creek? Well, on Snow Creek or along Snow Creek? AlongSnow Creek. KRIEGSHAUSER REPORTING & VIDEO HARTOLDMONO014306 1 24 1 A. 2 Q. 3 4 5 A. 6 Q. 7 8 9 1 0 A. 11 12 1 3 Q. 14 15 16 17 18 19 20 2 1 A. 22 Q . 2 3 A. No, I don't think so. Did you pay anybody for access to their property to get to Snow Creek in order to do the testing? No . Have you given any advice to the City as to how to handle PCB contamination in Snow Creek in connection with projects they're doing in Snow Creek? I haven't, and I'm not aware of any specific information that has been given. Well, isn't it a part of what you all are planning to do on Snow Creek a concrete -- just putting a concrete, I guess, drainage ditch-type thing all the way down Snow Creek? Is that part of what you all are proposing to do , just concrete the surface of Snow Creek all the way down? No. I have not heard that. Okay. I do know that there's -- as you're well KRIEGSHAUSER REPORTING & VIDEO HARTOLDMONO014307 1 25 1 2 Q. 3 A. 4 Q. 5 6 A. 7 8 Q. 9 1 0 A. 11 12 13 1 4 Q. 15 16 17 1 8 A. 19 20 2 1 Q. 22 23 A . aware, part of Snow Creek is concreted. Well, I'm aware of that. Yeah. I'm talking about the rest of it. Are you all proposing that? Yeah, and I have not seenany proposal of that sort. What do you know about the sediment results? Anything? Well, the only thing I know about the sediment results is the results themselves and what appears in the document. Right. And what -- what do you understand to be the source of the PCBs in the creek that wound up in the sediment? It's not my -- I don't -- I don't guess I have an understanding of the source of the PCBs in the sediments. You don't know whether or not it's Monsanto? Oh, no. No. KRIEGSHAUSER REPORTING & VIDEO HARTOLDMONO014308 1 26 1 Q. 2 3 4 A. 5 Q. 6 7 8 A. 9 10 11 12 13 14 15 1 6 Q. 1 7 A. 18 19 20 21 22 23 in other words, you're here today saying that you don't know whether it is Monsanto or not? That's correct. Okay. What other source do you deem to be a source for the PCB contamination in Snow Creek ? Well, I guess I've got a -- And I don't know factually. I just always had an opinion that when you look at Snow Creek, it runs through an industrial corridor. And when you look at the life of the creek going back into the -- I think the 1920s, '30s, '40s, '50s, -- All right. -- then you had a lot of industry that was located adjacent to that creek. Now I don't know what discharges would have taken place. I'm not sure what chemicals were used by the various foundries and other industries, scrap dealers, scrap yards, metal recycling KRIEGSHAUSER REPORTING & VIDEO HARTOLDMONO014309 1 27 1 2 3 4 5 Q. 6 7 8 9 10 11 12 1 3 A. 14 1 5 Q. 16 1 7 A. 18 19 20 21 22 23 Q. centers or anything of that sort, but I do know that there was a heavy nucleus of industry up and down Snow Creek for many years. Well, what we're talking about specifically, of course, here today are PCBs. And what factual information do you have that indicates that anyone along Snow Creek other than Monsanto put PCBs in the creek? MR. NEWSOM: Well, object to the form. Well, I guess I -- Again, I was -- I haven't got any factual information. (By Mr. Stewart) No facts. You just think maybe it might have happened? Well, I stated, you know -- I'm just of the opinion. You asked where could have -- where could PCBs have come from, and they could have come from various industries along or adjacent to Snow Creek. I guess what I'm asking you is: What KRIEGSHAUSER REPORTING & VIDEO HARTOLDMON0014310 1 28 1 2 3 4 5 6 A. 7 8 9 1 0 Q. 11 12 13 1 4 A. 15 16 17 18 19 20 21 22 23 Q. proof do you have of that, Mr. Eley, that you know of that your company, Solutia or Monsanto, ever has had of that? MR. NEWSOM: Object to form. Well, I -- I personally have no proof. My opinion is only based on the experience and knowledge of PCBs and its partial use in industry. (By Mr. Stewart) Well, what industry, in particular, are you contending used PCBs in any processes that they carried out there along Snow Creek? I think that it's possible that -- I mentioned there has been a number of foundries adjacent to Snow Creek, and I'm of the opinion that foundries could have been a user of PCB or PCB-like material in -- as a hydraulic fluid or possibly as a component of -- and I'm not really an expert in this area but sand molding operations. What proof do you have of that? KRIEGSHAUSER REPORTING & VIDEO HARTOLDMON0014311 1 29 1 A. 2 Q. 3 4 5 6 7 8 9 10 11 12 13 14 1 5 Q. 16 17 18 19 20 21 22 23 Oh, I -- I don't have any proof. Does Monsanto have any proof of that or is that just a vague speculation on their part or your part or do you have some actual proof of it? MR. NEWSOM: Object to the form. He's not here to speak as the Corporate Representative. He can speak for himself, and he's basically told you he doesn't have any proof where it comes from, Monsanto or elsewhere. He's already told you that twice. (By Mr. Stewart) Well, your lawyer has said that before; not Mr. Newsom but somebody else has said that, another lawyer they have. But I want to know whattangible proof you all have that any PCB products were sold by you or anybody else to the foundry industry in Anniston, Alabama? MR. NEWSOM: Object to form. You KRIEGSHAUSER REPORTING & VIDEO HARTOLDMON0014312 1 30 1 2 3 4 Q 5 6 7 8 9 10 11 12 Q 13 14 15 1 6 A. 17 18 19 20 21 22 23 should ask Monsanto or Solutia generally, not him personally. (By Mr. Stewart) I'm asking you: What information do you have sitting here today? You made that statement that foundries used it in the process. What information do you have? MR. NEWSOM: No, it's not what he said, Donald. I mean listen to what he's saying. (By Mr. Stewart) Or you think they may have used it. MR. NEWSOM: He said they may have. No. I think that I -- it's -- I'm not sure whether I used the word "could" or it's probable or likely. I don't know for a fact whether they did use it and specifically whether individual foundries that were located adjacent to Snow Creek, in fact, used it. No, I have no proof. KRIEGSHAUSER REPORTING & VIDEO HARTOLDMONOO14313 1 31 1 2 3 4 5 6 7 8 9 10 11 1 2 Q. 13 1 4 A. 1 5 Q. 16 17 1 8 A. 19 20 2 1 Q. 2 2 A. 23 Q. So you all don' t have any proof o f that allegation that you're making both t o the Plainti f f s in this case and t o the EPA? MR. NEWSOM: Object to the form. He's talking about him individually, and proof is a legal thing. There is -- There will be evidence we believe that a logical jury would infer that. (By Mr. Stewart) I'm asking you, Mr. E1e y. Right. I'm not asking Mr.Newsom. He continues to want to talk and get to lunch but that's his business. Well, in response -- in response to your guestion, you said "you all" and I don't know what "you all" means. I'm talking about --------- Me, I do not. Well, don't you work forSolutia? KRIEGSHAUSER REPORTING & VIDEO HARTOLDMON0014314 1 32 1 A. 2 Q. 3 A. 4 Q. 5 6 7 8 9 10 1 1 A. 12 13 14 15 1 6 Q. 17 18 1 9 A. 2 0 Q. 21 22 23 A. Yes, but -------And didn't you work for Monsanto? I work for Solutia. And haven't you discussed with those folks ------- MR. NEWSOM: Whoa, whoa, whoa, whoa, whoa. Finish your answer. You may finish your answer before he asks the next question. No. I guess inresponse is: I personally, no, I don't know of any proof that specific aroclors or PCBs were made at any specificlocations, foundries or otherwise. (By Mr. Stewart) You mean used? I mean Monsanto was the only manufacturer in this country, weren't they? Say that again. You said made at thefoundries. Monsanto was the only manufacturer of PCBs. Oh, did I say "made"? KRIEGSHAUSER REPORTING & VIDEO HARTOLDMON0014315 1 33 1 Q2 A. 3 Q 4 5 6 A. 7 8 Q. 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 Yes. Excuse m e . Used a t the foundries. Okay. Well, you' v e discussed this particular issue with Mr. Kaley, haven't you -- Dr. Kaley, haven't you? I don't recall whether I've -- whether Bob Kaley and I have discussed that. Well, you've discussed it with other people who are connected with this site, haven't you, that work for Solutia or Monsanto? MR. NEWSOM: Since '98 or are you going back now? MR. STEWART: Well, I think the theory is new; since '99. MR. NEWSOM: Well, are you asking him -- Regardless, I don't agree with that, but are you asking him about prior to '99 or since? MR. STEWART: Why don't you make an objection. After '99 is fine with me. KRIEGSHAUSER REPORTING & VIDEO HARTOLDMON0014316 1 34 1 Q. 2 3 A. 4 5 Q. 6 7 A. 8 9 10 1 1 Q. 12 1 3 A. 14 15 1 6 Q. 17 18 19 20 21 22 23 (ByMr. Stewart) You've discussed it, haven't you? After '99? I don't think I have discussed it. Well, who did you discuss it with before '99? The only person that I can think of that I may have discussed that with, the possibility of that, was I think maybe Alan Faust. Were you ever present when Mr. Faust talked about that with anybody from EPA? No. In fact, I've never been in, the best I can recall, any discussions at all with EPA. So if you said something like that to the EPA, wouldn't you also have to say that, "We don't have any proof of the fact that PCBs were used in the foundry process"? MR. NEWSOM: Object to form without knowing something -- you said "something like KRIEGSHAUSER REPORTING & VIDEO HARTOLDMON0014317 1 35 1 2 3 A. 4 5 6 Q. 7 8 9 A. 1 0 Q. 11 1 2 A. 13 14 1 5 Q. 16 17 1 8 A. 1 9 Q. 20 21 2 2 A. 2 3 Q. that." Object to form; vague and ambiguous. Well , I'm not sure because I don' t know the context of the discussion and what was asked and what was said. Well, had a discussion taken place? Did discussions take place about that to your knowledge -- Oh, I don't know. -- with the EPA about foundries being the source of PCBs? No. I think I -- No. To my knowledge, I'm not -- have no knowledge of particular discussions with the EPA. Is there any other party that's part of your consent order with either ADEM or EPA? Excuse me. Ask that again. Is there any other responsible party designated as a part of this consent order either with ADEM or with EPA? Not to my knowledge. Okay. No foundry listed? KRIEGSHAUSER REPORTING & VIDEO HARTOLDMON0014318 1 36 1 A. No other industry of any type listed. 2 Q. Okay. 3 MR. NEWSOM: Let's go eat. Is 4 this a good point? 5 MR. STEWART: Yeah. 6 MR. NEWSOM: We'll be quick. 7 8 (At this point a lunch break was 9 taken. ) 10 1 1 Q 12 ( By M r . Stewart) So let's go back, M r . E 1 e y , if we can, to Plaintiff's 1 3 E x h i b i t ff 1 . And can you tell me which 1 4 lab analyzed those results by just 1 5 looking at that? 1 6 A. No, I cannot. 1 7 Q 18 So you don't know whether or not or you can't distinguish wh e th er or not the 1 9 mobile lab analyzed those soil s amp 1e 20 results or ------- 21 A. That's correct. 22 Q23 A. -- the stationary lab? That's correct. KRIEGSHAUSER REPORTING & VIDEO HARTOLDMON0014319 1 37 1 Q. 2 3 4 5 A. 6 7 8 9 1 0 Q. 11 12 13 14 1 5 A. 16 1 7 Q. 18 19 20 A. 21 22 23 I assume what you mean is the lab that's located -- I think this group is located out of Atlanta or located in Atlanta to my understanding. And I'm not sure. By "stationary lab," I'm talking about a laboratory that would be located someplace that would not be mobile; a building; what we would normally think of as a laboratory. And you can't tell me which -- which soil sample results, if any, were analyzed by the mobile lab and which soil sample results were analyzed by the stationary or regular laboratory? That's correct. I can't make that differentiation. Do you know if there are documents that exist that -- where one could make that distinction? The only thing I'm aware of is generally, and this is in the context of the work that Mike Price is doing and I'm aware of in the past, is Mike KRIEGSHAUSER REPORTING & VIDEO HARTOLDMONO014320 1 38 1 2 3 4 5 6 7 8 9 1 0 Q. 11 12 13 14 1 5 A. 16 17 18 19 20 Q. 21 22 2 3 A. generally sends the sample to the laboratory and receives a laboratory report. It seems to me like the laboratory report -- Well, the laboratory report identifies the lab. Whether that would identify a mobile laboratory versus the stationary lab, I don't know. That would be the only document that comes to mind. Okay. Have you seen any other document that would report the results of that testing that you all did other than Plaintiff's Exhibit #1? The testing you all did in May of 2000. The only other document that -- that pertains to -- that pertains to this particular sampling reported the results, same results, in a tabular format . Let me show you Plaintiff's Exhibit #10. Is that the -- Is that the tabular results that you talked about? Yeah. This is not real clear, but this KRIEGSHAUSER REPORTING & VIDEO HARTOLDMONO014321 1 39 1 2 3 Q. 4 5 6 7 A. 8 9 10 1 1 Q. 12 13 14 15 16 1 7 A. 1 8 Q. 19 20 21 22 23 is the -- the type of tabular results which I was speaking of. So if we looked at -- For instance, the results should be the same on these sheets in Plaintiff's Exhibit # 1 0 as they are on those maps? That's correct. It only appears that on the maps the sample result perhaps has been rounded to one significant digit passed the decimal. And when you look at the designation, the Sample ID in the right or the left-hand column, you're looking at those things that are located on the map of Plaintiff's Exhibit #1 first. Is that right? That's correct. And that's HA-01 through -- for some reason I go to HA-101. Why is that? On Figure 1 it goes from HA-01 to HA-13 it appears and then it starts with HA-101 . I assume there's a 102 on this somewhere. Do you know why? KRIEGSHAUSER REPORTING & VIDEO HARTOLD M O N0014322 1 40 1 A. 2 Q. 3 A. 4 Q. 5 6 7 8 9 A. 1 0 Q. 1 1 A. 12 13 14 15 1 6 Q. 1 7 A. 1 8 Q. 19 20 21 22 23 There is a 101 and a 102 and a 103. And a 104? There's 104 and a 105. 105. Why is that, though? Why are those samples numbered out of sequence? You go back to this site at some point in time and sample later after you went that first day? I believe that's correct, yes. Why ? I think we wentback in this particular case to bettercharacterize the concentrations around that highest result that was found in the rear yard that is identified as Sample No. HA --01 . That' s 9.4? 9.4. So if one looked on this compilation of results, if we would go up to 13 for 2424 Griffis and then you would go to, I guess, HA-13, can you show me on the tabular results where 9.4 is? Frankly, I don't see it. KRIEGSHAUSER REPORTING & VIDEO HARTOLDMONO014323 1 41 1 A. 2 Q. 3 A. 4 5 6 Q. 7 A. 8 Q. 9 A. 10 11 12 13 14 15 16 17 18 19 20 A. 21 2 2 Q. 23 That HA-01. Was 9.5? Is 9. -- It looks like to me, and I can't quite read this. It looks like it's 9.3 something. 7? And it may be9.37. Okay. And that's why I indicated that it appeared like it was -- the results were rounded off in the maps. MR. NEWSOM: I think both of you are just guessing. I don't believe either one of you can read the number on that, not that I could either. I'm not making a disparaging remark about either one of your ages, but it's hard to read. Even if it wasn't fuzzy, I would still have a problem with my eyesight, but ------(By Mr. Stewart) Okay. Now were those tabular results that you got here also KRIEGSHAUSER REPORTING & VIDEO HARTOLDMONO014324 1 42 1 2A 3Q 4 5 6 7 8 9 10 11 12 Q 13 14 15 16 17 18 19 20 21 22 23 sent to the EPA with Dr. Kaley's letter? I believe so. So the maps and the tabular results were all sent? In addition to -- I think I mentioned a Word -- and by "Word," I mean the software Microsoft Word -- tabular document that was a summary of the results for all 13 properties. That was also included in that package that went to the EPA. Now were there some results that the Plaintiffs had gotten on these properties, too, sent to them or did you just make that comparison in the letter? No. In that Word document, that table, for each one of the properties there was listed in one column the Solutia results and then another column, and I don't know whether it was Plaintiffs' results or Plaintiffs attorney's results or exactly what -- what that column was named. KRIEGSHAUSER REPORTING & VIDEO HARTOLDMONO014325 1 43 1 Q. 2 3 A. 4 Q. 5 6 7 8 A. 9 Q. 1 0 A. 11 1 2 Q. 13 1 4 A. 1 5 Q. 16 1 7 A. 18 19 20 21 2 2 Q. 2 3 A. It could be one in the same, couldn't it? The what? It could be one in the same, isn't it? Let me -- I assume if the Plaintiffs' lawyer did it, they did it for the Plaintiff. Oh, yes. Certainly, yeah. Okay. Yeah, there was one column representing the Plaintiffs. Allright. You want to get yourself a cup of coffee? Oh, thank you. I believe I will. Could you pleaseidentify for me -- Identify for me Hi, H8, and H9. I guess first, generally, HI, H8 and H9 are three documents from the same Excel spreadsheet that deal with Choccolocco Creek sampling results and access to Choccolocco Creek for sampling purposes. What is Hi specifically? HI is, I guess for better word, my notes KRIEGSHAUSER REPORTING & VIDEO HARTOLDMONO014326 1 44 1 2 3 4 5 6 7 8 Q. 9 10 11 1 2 A. 13 14 15 16 17 18 19 20 21 22 23 on the Solutia access to Choccolocco Creek properties in order to conduct sampling, PCB sampling, in the sediment in Choccolocco Creek between the confluence of Snow Creek and Choccolocco Creek downstream some 25 miles to Lake Logan Martin. Now let me ask you some questions about -- There's an access letter sent to a Conservancy District. What is that, if you understand? I'm not sure I know the full background of the Choccolocco Creek Conservancy District, and I think it was Choccolocco Creek Water Shed Conservancy District. This was an organization -- I'm not sure it was an organization -- a project perhaps set up under the Natural Resources Agency there in Anniston by which they have in the past dealt directly with a number of property owners on conservancy issues along the Snow Creek or along Choccolocco Creek, KRIEGSHAUSER REPORTING & VIDEO HARTOLDMONO014327 1 45 1 2 Q- 3 4 A. 5 6 7 8 Q- 9 1 0 A. 11 1 2 Q 13 14 15 1 6 A. 17 18 Q- 19 20 21 A. 22 23 principally in Calhoun County. Who is it that you deal with in connection with that? The person that I've talked with there is -- I think her last name is Pettus, P-E-T-T-U-S, and I don't know -- Jennifer Pettus. And is she President of that organization or Chairman or whatever? I think she was Director of the Conservancy District. Is that a federally funded organization or is it something that was just created, nonprofit-type organization created to conserve the creek? I guess I was under the impression it's federally funded. And what have your dealings been? Just to gain access or are there other dealings that you have had with that? The dealings I have had with the Conservancy District was identifying property owners that they knew that KRIEGSHAUSER REPORTING & VIDEO HARTOLDMONO014328 1 46 1 2 3 4 5 Q. 6 A. 7 Q. 8 A. 9 10 11 12 13 14 15 Q 16 A. 17 Q 18 A. 19 20 Q 21 A. 22 Q- 23 owned property along the various stretches on either side of Choccolocco Creek and identifying where they had easements along Choccolocco Creek. Where who had easements? The Conservancy District. They had some easements? The Choccolocco Creek Water Shed Conservancy District does have easements, and I'm not sure of the particulars of the easements, but it's an easement on each side of Choccolocco Creek for a certain stretch of the creek downstream toward Lake Logan Martin. When did they acquire those? I don't know. Has that been within the past two years? I'm under the impression they've had them for a number of years. A long period of time? Yes, sir. And what were your dealings with them about those easements? KRIEGSHAUSER REPORTING & VIDEO HARTOLDMONO014329 1 47 1 A. 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 2 1 Q. 22 23 A. At that point we were -- This was, I guess, similar to -- well, not similar to -- what we had planned for Snow Creek, and that is to do sediment sampling. And we were going to do sediment sampling along Choccolocco Creek at distances of approximately every 1000 foot. And we were going to conduct the sampling of sediment in the creek and in certain areas perhaps soil sample right there at the top of the bank. And sowe met with the Conservancy District to see if they could assist us in being able to identify and communicate with property owners along this stretch to see whether we could have -- whether it was okay with them that we sample the creek and perhaps top-of-bank samples adjacent to the property. Did you reach some kind of an agreement with them? The agreement we reached is that they KRIEGSHAUSER REPORTING & VIDEO HARTOLDMONO014330 1 48 1 2 3 4 5 6 7 8 9 1 0 Q. 11 1 2 A. 1 3 Q. 14 15 1 6 A. 17 1 8 Q. 19 20 21 22 23 A. would, after talking with -- I think there is a -- I think there's a board, a group, that presides over the Conservancy District. I think there was a proposal that went forth. They okayed the sending out of letters to all the property owners from Transects 1 through, I think. Transects 40 or thereabouts. Do you know what distance along the creek that is? What distance what, sir? What distance -- I mean is that five miles of the creek? Two miles of the creek? What distance is that? Well, it would be, oh, eight miles or so . What kind of an agreement do you have? Is it something in writing that you have with them as to what kind of arrangements you all have other than just sampling or just ------No, nothing that I'm aware of; no type KRIEGSHAUSER REPORTING & VIDEO HARTOLDMONO014331 1 49 1 2 Q. 3 4 5 6 7 A. 8 9 Q. 1 0 A. 1 1 Q. 12 13 14 15 16 17 18 19 20 21 2 2 A. 23 of formal agreement at all. Are you working with them on something other than sampling of Monsanto or Solutia, working with the Conservancy District on something other than sampling? The only thing that I'm awareof -- Other than sampling? Yes. No, not that I'm aware of, no. Well, you peeked my curiosity. You said the only thing you're aware of is sampling. Is that what you were about to say? Or is there some other arrangement ? Mr. Branchfield indicates that Monsanto and Solutia were working with them on a -- the Conservancy District on some kind of conservation corridor. Do you know anything about that? Heard anything about that? I've heard -- I've heard the concept but I don't know of any discussions, nor who KRIEGSHAUSER REPORTING & VIDEO HARTOLDMONO014332 1 50 1 2 3 4 5 6 7 8 9 10 11 1 2 Q. 13 14 15 1 6 A. 1 7 Q. 18 19 20 21 A. 2 2 Q. 23 we were talking with on that issue. And quite frankly, I didn't -- I guess I was under the impression that this Choccolocco Creek Water Shed Conservancy District may not even exist today. I mean they're a part of this Natural Resources Agency, but I'm not sure whether that Conservancy District as originally developed even exists. I have not dealt with them in a number of years. Have you dealt or do you -- Are you aware of any dealings with property owners about purchasing an easement for a conservation corridor? No . Have you been a part of any conservations with people who are leaders in the community who represent the Governor in connection with that? No . Do you know a gentleman named "Doug Ghee" ? KRIEGSHAUSER REPORTING & VIDEO HARTOLDMONO014333 1 51 1 A. 2 Q. 3 A. 4 Q. 5 6 A. 7 Q 8 A. 9 10 11 12 1 3 Q. 1 4 A. 1 5 Q. 1 6 A. 17 18 Q. 1 9 A. 20 Q. 21 22 23 A. G-E-E? G-H-E-E . No, Ido not . Do you know a fellow named "Pete Conroy"? I've heard Pete Conroy's name. From whom? I've heard the name "Conroy." I guess I was thinking that Pete Conroy is an individual that is a professor in Environmental Affairs and Environmental Policy at Jackson State University. Jacksonville? Jacksonville. Jacksonville. He's a professor there? I'm under the impression he's a professor there. Okay. Environmental Policy. And do you have any idea as to whether or not anybody from Monsanto has met with Mr. Conroy? No . KRIEGSHAUSER REPORTING & VIDEO HARTOLDMONO014334 1 52 1 Q. 2 A. 3 Q. 4 5 6 A. 7 Q. 8 9 A. 1 0 Q. 11 12 13 14 15 1 6 A. 1 7 Q. 18 1 9 A. 20 2 1 Q. 22 A. 23 Q. Okay. Have you ever met with him -- No. -- about either the Choccolocco Creek or the Snow Creek testing or anything like that? No . Has Dr. Kaley or Mr. Branchfield, if you know? I don't think so. Okay. Have you ever met or been a part of a group of people that met with a representative of the Governor's Office about a conservation corridor along Choccolocco Creek or from the confluence of Snow Creek down to Lake Logan Martin? No . Do you know if anybody from Monsanto has? Met with the Governor or the Gov ernor's------Or the Governor's representative. No. No, I don't. Does David Robertson still represent you KRIEGSHAUSER REPORTING & VIDEO HARTOLDMONO014335 1 53 1 2 3 4 A. 5 Q6 A. 7 8 Q. 9 A. 1 0 Q. 11 12 13 14 15 16 17 A. 1 8 Q. 19 20 21 A. 22 Q 23 all ? The guy who used to regulate you all? Does he still represent you all as a lobbyist in Mon tgomer y ? Wha t ' s that name again? David Robertson. I don't know. I'm not familiar with that name. Are you familiar with a "Glen Ruskin"? Yes. Were you a party to or did you have some knowledge about a meeting that was set up by Mr. Ruskin with Bill Lashinsky who's a member of the Justice Department, an attorney in the Justice Department, and EPA officials from Region 4 which took place this spring? No. You don't know anything about an agreement in principle about the final corrective action for this plant site? No , none at all. Dr . Kaley hasn't told you about that meeting where they had a group of people KRIEGSHAUSER REPORTING & VIDEO HARTOLDMONO014336 1 54 1 2 3 4 5 6 7 8 9 A. 10 1 1 Q12 1 3 A. 14 1 5 Q. 1 6 A. 17 1 8 Q. 1 9 A. 20 21 22 23 from the plant? I think Mr. Branchfield might have gone or someone else from the plant. I think it was Mr. Branchfield but certainly Dr. Kaley and Glen Rushkin and you all met with -- they met with Lashinsky and worked out a final corrective action? MR. NEWSOM: Object to the form. Bob Kaley has not mentioned anything to me . (By Mr., Stewart) Okay . Tell me, if you would, i f you know who Mr. Ruskin is. I believe Glen Ruskin works for Solutia in our Washington office. The lobbyist for you? No, sir. He is a Vice-President of Public Affairs. Isn't that a lobbyist? I guess I've always thought interms of a lobbyist as someone that you may hire outside of the company to represent you in some way. I guess anyone in Washington could be construed as a KRIEGSHAUSER REPORTING & VIDEO HARTOLDMONO014337 1 55 1 2 Q. 3 4 5 6 7 A. 8 9 10 1 1 Q. 12 13 14 15 1 6 A. 17 18 19 20 21 2 2 Q. 23 1obbyist, but ------- Well, wasn't he hired to actually make Monsanto's case or Solutia's case with members of Congress or regulators, people like that? MR. NEWSOM: Object to form. No. I don't know why he was -- the particulars on how you hire -- We've always had, from my knowledge, representation in Washington, DC. (By Mr. Stewart) And the purpose of that is what? Just to educate those folks as to what you do or get them to do what you want them to do? MR. NEWSOM: Object to the form. In most cases Inever knew what they did other than if, for example, your CEO wanted to meet with certain constituencies or certain individuals, then you would have those individuals that could, I guess, help that happen. (By Mr. Stewart) So theyhelp make that -- Maybe members of Congress or the KRIEGSHAUSER REPORTING & VIDEO HARTOLDMONO014338 1 56 1 2 A. 3 4 Q. 5 6 7 8 A. 9 1 0 Q. 1 1 A. 1 2 Q13 14 15 16 1 7 A. 18 19 20 A. 2 1 Q. 22 23 administrative ------- Could be members of Congress or staff members. The Administrative Assistant to, say, Christy Todd Whittman, if you all wanted to have some meeting like that, he would set that kind of meeting up? I would presume that would be the person that would -- That would do that? -- that you would go to. Okay. Well, that would be sort of easy for them now , wouldn't it, to do? Mister -- It wou1dn't be a difficult thing to do, would it? MR. NEWSOM: Object to form. Who? MR. NEWSOM: If you understand and know. You mean for Glen Ruskin? (By Mr. Stewart) For Glen Ruskin to set it up with the Administrative Assistant to Christy Todd Whittman. That wouldn't KRIEGSHAUSER REPORTING & VIDEO HARTOLDMONO014339 1 57 1 2 3 A. 4 Q. 5 6 A. 7 8 9 Q. 10 11 12 13 14 1 5 A. 16 17 18 19 2 0 Q. 2 1 A. 2 2 Q. 23 A. be real difficult to do, would it? MR. NEWSOM: Same objection. I wouldn't know. (By Mr. Stewart) Do you know a "Judy Fisher"? I know a "Fisher." I don't know -- I don't know whether her first name is "Judy . " Doesn't she serve as the Administrative -- Whatever her first name is, doesn't she serve as the Administrative Assistant or the Executive Assistant to Christy Todd Whittman? Oh, no. The Fisher that I was thinking about now works for Monsanto. Not Solutia, but Monsanto. And she used to head up the Department of Toxic Substances in Pesticides. For Monsanto? No. For EPA. Oh, for EPA. Yes . KRIEGSHAUSER REPORTING & VIDEO HARTOLDMONO014340 1 58 1 Q. 2 3 A. 4 5 6 7 Q. 8 9 10 11 12 13 14 1 5 A. 16 1 7 Q. 18 19 20 21 22 23 A. But hasn't she not gone back to work for the EPA? This individual that I'm thinking of, the Miss Fisher, no. I guess I was under the impression she still worked for Monsanto. Okay. There's a woman who worked for Monsanto in the Washington office. I believe her name was "Fisher" who was a lobbyist for at least Public Affairs, whatever you want to call it, and she had worked for EPA in the enforcement division of the area that you're talking about . Okay. MR. NEWSOM: Is that a guestion? (By Mr. Stewart) And she went to work for Monsanto after she left the Government some eight years ago. Do you know of such a person that left Monsanto, went to work for the EPA? Be under public administration? Well, the people -- the person that I'm KRIEGSHAUSER REPORTING & VIDEO HARTOLDMONO014341 1 59 1 2 3 Q. 4 A. 5 6 Q. 7 A. 8 9 Q. 1 0 A. 1 1 Q. 12 1 3 A. 1 4 Q. 15 16 17 18 19 20 2 1 A. 22 23 Q. thinking about, now I'm thinking maybe her name was "Linda Fisher" -- Linda Fisher. -- that worked for the EPA and then joined Monsanto. Right. But I'm not aware of her then leaving Monsanto and going back to the EPA -- Was she ---------- or to any other regulatory agency. When she left EPA, did she work in Washington, Linda Fisher? I -- Yes, I believe she did. Okay. So if there's a Linda Fisher who left the Monsanto office in Washington and went to work for Christy Todd Whittman as an Executive Assistant or Administrative Assistant, that guite possibly could be the same person? Is that------It may be the same person. MR. NEWSOM: Object to form. (By Mr. Stewart) And obviously, during KRIEGSHAUSER REPORTING & VIDEO HARTO L D M O N0014342 1 60 1 2 3 4 A. 5 Q. 6 A. 7 8 9 10 1 1 Q. 1 2 A. 1 3 Q. 1 4 A. 15 16 1 7 Q. 18 19 20 21 2 2 A. 23 that eight-year period of time, Miss Fisher worked for Monsanto. Is that correct? She worked ------- The past eight years. She worked for a period, and I'm not sure of the timing at all. I don't know whether it was eight or six. It was prior to the split, so it was prior to 1 9 9 7. And she worked in Washington? She worked in Washington. What did she do there? She was a Vice-President but Idon't know what, Vice-President of what. I don't know what her title was. Vice-President for Governmental Affairs? Did she have the same responsibilities as someone like that? MR. NEWSOM: Well, he said he didn't know. Yeah. She was a Vice-President but I don't know whether her title was KRIEGSHAUSER REPORTING & VIDEO HARTOLDMONO014343 1 61 1 2 Q. 3 4 5 A. 6 Q. 7 8 A. 9 10 1 1 Q. 12 13 14 1 5 A. 16 17 18 1 9 A. 20 2 1 Q. 22 2 3 A. Governmental Affairs. (By Mr. Stewart) She didn't handle an operating unit, did she? I mean like a plant . Oh, no, sir. That's right. She dealt with the liaison? With regulators? And it could have been Governmental Affairs or Legislative Affairs or in some capacity of that sort, that's true. How many members of the board of Monsanto are you familiar with who served, Mr. Eley, in government in some fashion? I guess --------- MR. NEWSOM: Of Solutia or Monsanto now? MR. STEWART: Of Monsanto. Yeah. At this stage, in all honesty I'm not sure I know. (By Mr. Stewart) Is Micky Kantor on that board? Micky Kantor was on that board. Whether KRIEGSHAUSER REPORTING & VIDEO HARTOLDMONO014344 1 62 1 2 3 Q. 4 A. 5 6 7 Q. 8 9 10 1 1 A. 12 13 14 15 16 17 18 19 20 21 22 23 A. he is currently on the board, I don't know . Is Ruckelhaus on the board? At one point in the past Ruckelhaus has been a board member but I don't know the current status of that. Okay. Do you all have members of Solutia's board who have been involved at some point in time with the Government, specifically with the EPA? Well, I hate to admit this, but I'm not really sure who is on our board these days. I do know that after the spin of Solutia from Monsanto, I believe there were some o f the board members that had duties o f board membership for Solutia. I have t o go back and look a t my annual report . I ' m just not sure. MR. NEWSOM: Why don't you tell him now just before I forget -- You asked earlier, Donald, about the CFO, the name. The CFO that we talked about a while KRIEGSHAUSER REPORTING & VIDEO HARTOLDMONO014345 1 63 1 2 3 4 Q. 5 6 A. 7 8 9 Q. 10 11 12 13 1 4 A. 1 5 Q. 1 6 A. 17 18 1 9 Q. 20 A. 21 22 23 ago, his name is "Robert" -- we call him "Bob Clausen," C-L-A-U-S-E-N. I believe that's correct. (By Mr. Stewart) And he's the guy that would know about the reserves? He is the fellow that knows anything dealing with financial matters in So1ut ia . This document, Plaintiff's Exhibit #7, indicates that you all had contact with >< CD U an Ed Wade or Mike Go d f f r om Alabama Power Company . Do you know what that had reference to? Yes . What? I believe that -- Iprobably -- I've had contact -- I have had contact with Godfrey . Mike? I think Faust had contact with Wade. Yes. That was in the context of getting permission from APCO for us to sample portions of Choccolocco Creek adjacent KRIEGSHAUSER REPORTING & VIDEO HARTOLDMONO014346 1 64 1 2 3 4 Q. 5 6 7 A. 8 Q. 9 1 0 A. 1 1 Q. 12 13 14 1 5 A. 16 17 18 19 20 2 1 Q. 22 23 A. there to the property, some 18 parcels, 10 to 18 parcels that they owned adjacent to Choccolocco Creek. And that's the only connection you all have? I mean the only purpose you had in contacting them? In this context, yes. Yes. Now you say "Survey Lead." Is that for BB&L? That's a "Jim Hassett"? That's correct. And then there's a Mr. Alan Fowler. Is he the project person? Is he the person that put the plan together and also conducted the tests? I believe that's -- Alan Fowler is a principle in BB&L, principle, partner. I'm not sure what you would call his title. I think that this individual you mentioned, Hassett, reports up through Fowler. Okay. So Hassett is the man on the ground -- That's correct. KRIEGSHAUSER REPORTING & VIDEO HARTOLDMONO014347 1 65 1 Q. 2 A. 3 Q. 4 5 6 7 8 9 A. 10 11 12 13 1 4 Q. 15 1 6 A. 17 Q18 A. 19 20 21 22 23 -- who actually conducted the test? Correct. All right. You have perhaps told me previously, but this work that you're doing has been approved by EPA and by ADEM and the manner in which you're doing it and the process you all are going through? Approved by. My understanding is approved by ADEM because the work plans, as I understand, were submitted to ADEM, but I believe the work plans also were submitted to the EPA. #8 and #9 appear to be results. Is there any difference in those? Yes. What is that? Let me explain i t , if I could. Exhibit #9 is a subset o f information f ound on Exhibit #8. Exhibit #9 includes all of those parcels adjacent to which samples were taken and analyzed of sediment in Snow Creek or in Choccolocco Creek. KRIEGSHAUSER REPORTING & VIDEO HARTOLDMONO014348 1 66 1 2 3 4 5 6 7 8 9 Q. 1 0 A. 11 12 13 14 15 16 1 7 Q. 1 8 A. 19 20 2 1 Q. 22 23 A. The Exhibit #8 is a spreadsheet that is sorted by transection number, the number found in the third column. So what I did is I took Exhibit #8. I sorted this document electronically to say, "I want to see all entries that have some narrative of any kind in the last column." And that's what #9 is? That's what #9 is. Then -- I then say that is #9. And then I said, "Sort this document by owner's name." And that's why this is the owner then that had sample results on which I communicated in a series of letters to each individual . Do you have those letters? Those letters, again, were all sent to the individual property owners and also a copy of each one of them to Buddy Cox. We may have those, too. They just told the owner of the property the results? And I think that this exhibit, #7 , KRIEGSHAUSER REPORTING & VIDEO HARTOLDMONO014349 1 67 1 2 3 Q. 4 5 6 A. 7 8 9 10 11 12 13 14 15 1 6 Q. 17 18 19 A. 20 Q. 2 1 A. 22 23 Q. indicates when those sample results were mailed and how many letters went out. Okay. Tell me, if you would, why you all didn't do any acquiesce phase testing. I don't know. Again, this was a part of a work plan that was submitted to ADEM. And so when I came into the scene, it says, "Here's a work plan. Now we need to get access." And so my job was solely to communicate -- number one, identify all of these individuals, communicate with the individuals, and then see i f we could gain access so that we could do this study . Okay. So you don't know why they didn't do acquiesce phase testing is what you're telling me? No, Ido not. Okay. But you did not do any? As a part of this study, I don't think we did any. Okay. Was any required of you at all KRIEGSHAUSER REPORTING & VIDEO HARTOLDMONO014350 1 68 1 2 3 A. 4 Q5 A. 6 7 8 Q 9 10 11 12 1 3 A. 14 15 16 17 18 19 20 21 22 23 under the consent order? Did you anticipate having to do some? That, I don't know -- Okay. -- because the only thing I had available really at that point was the work plan. All right. Now what other projects other than this soil sampling on -- I'll give you these -- soil sampling on Choccolocco Creek did you have any part to play since you were last deposed? I think we talked about the sampling, the sediment sampling, the communication of sediment sampling results to the Choccolocco Creek property owners. I think we talked about gaining access prior to being able to sample, and so there was that communications. Earlier we looked at an exhibit that talked about sampling results in Snow Creek. So since the last deposition, two of the projects and one KRIEGSHAUSER REPORTING & VIDEO HARTOLDMONO014351 1 69 1 2 3 4 5 6 7 Q. 8 9 10 11 1 2 A. 13 1 4 Q 1 5 A. 16 17 18 1 9 Q. 20 A. 2 1 Q. 22 23 A. quite massive was going out and gaining access or identifying property owners along Snow Creek and going out and meeting with those individuals to gain access in order to do the survey and sampling . I guess what I'm asking is: Other than those things, what else have you been involved in? That's what I was trying to ask. I understand you've done those. I was asking ------Okay. Then we talked about the sampling of the 13 properties. Other than that. I mean just------There was - -- I guess very soon after the last deposition I was over in Anniston while we were sampling the John Swift proper t y . So you participated in that? Correct . Okay. And other than the John Swift property, what -- what else did you do? We've done -- At least I've been KRIEGSHAUSER REPORTING & VIDEO HARTOLDMONO014352 1 70 1 2 3Q 4 5A 6Q 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Q 21 A 22 23 involved in additional sampling at the First Missionary Baptist Church. Do you have an agreement with them, Monsanto? Agreement? Yeah. About remediating their property; building them a new church? MR. NEWSOM: Object to the form. The only agreement that -- I guess clearly the first agreement we had was an agreement to -- to buy a portion of the property there on the far east side, and we closed on that. The other agreement we've got is I guess what I would consider a leasing agreement where we are currently leasing a portion of the property on directly west of Snow Creek, between Snow Creek and the church building. For wha t ? For eventual remediation of the property within the fenced-in area. There's a fenced-in area. KRIEGSHAUSER REPORTING & VIDEO HARTOLDMONO014353 1 71 1 Q. 2 A. 3 Q. 4 5 6 A. 7 8 9 Q. 1 0 A. 1 1 Q. 12 1 3 A. 14 1 5 Q. 16 17 18 19 20 2 1 A. 22 23 So you put a fence up? That's correct. What, did you find some high levels of PCBs on that property that you feel compelled to remediate? We did find some elevated levels of PCB about midway between that fence and the creek proper. Above 10? Above 10. What was the highest level you found there? For some reason 249 PPM sticks in my mind. Well, how is it that you get away with leaving that just laying out there on that property and fence it in? Did you get permission from EPA to do that? MR. NEWSOM: Object to the form; argumentative . I'm not sure what -- what communications -- Well, I knowthere's been communications between Bob Kaley KRIEGSHAUSER REPORTING & VIDEO HARTOLDMONO014354 1 72 1 2 3 4 5 6 7 Q. 8 9 10 1 1 A. 1 2 Q. 13 14 15 16 1 7 A. 18 19 20 21 2 2 Q. 23 and the EPA. And so the EPA is knowledgeable, as is ADEM, of the results on soil sampling out there. And I think that's one reason since they were elevated that we wanted to fence and control access. (By Mr. Stewart) So you were allowed by EPA and ADEM to put a fence around it as opposed to remediating it? MR. NEWSOM: Object to the form. Well, our plans are to remediate. (By Mr. Stewart) I understand that, but that's sometime in the future. In the meantime you all were allowed to put a fence there? MR. NEWSOM: Object to the form. We would have put a fence whether ------- THE WITNESS: Excuse me. I'm sorry. MR. NEWSOM: That's allright. Object to the form. (By Mr. Stewart) He's just earning his money, Mr. Eley. KRIEGSHAUSER REPORTING & VIDEO HARTOLDMONO014355 1 73 1 A. 2 3 4 Q. 5 6 7 8 A. 9 1 0 Q. 1 1 A. 1 2 Q. 13 14 1 5 A. 16 17 18 1 9 Q. 20 21 22 2 3 A. Yeah, we would have put the fence whether we remediated on Day 1 or Day 100. But they havenot required you --EPA, nor ADEM, have not required you as of this time to remediate that property now presently? That's my understanding, but I -- if they had, I wouldn't know. Is that near a body of water? That's adjacent to Snow Creek. Okay. And was the 249 parts per million found near the creek bank, near the creek itself? It was found on the very top, about 25 to 30 foot from the berm of the creek at a point approximately, and I'm going to guess, 12 foot above the creek. Just curious. Which foundry did you all ask to join with you in remediating that property? MR. NEWSOM: Object to form. What -- Which -------- KRIEGSHAUSER REPORTING & VIDEO HARTOLDMONO014356 1 74 1 Q. 2 3 A. 4 Q 5 A. 6 Q 7 8 A. 9 Q 10 11 1 2 A. 1 3 Q. 14 15 1 6 A. 17 1 8 Q. 1 9 A. 20 21 2 2 Q. 23 A. (By Mr. Stewart) F-O-U-N-D-R-Y, foundry . Which foundry -- Yeah. -- did we -- Did Monsanto ask to join with them in remediating that property ? I don't know which -- which foundry . Is there a foundry, to your knowledge, that you all have asked to assist you remediating that property? Not to my knowledge. Okay. Is there anybody in the foundry business that you all asked to assist you in putting up the fence? I don't know of anyone that we've asked in the foundry business. To help you do that? I don't know of anyone in the foundry business we've asked to do -- I mean just asked ------Anything? -- to do anything. KRIEGSHAUSER REPORTING & VIDEO HARTOLDMONO014357 1 75 1 Q. 2 3 4 5 6 7 A. 8 Q. 9 10 11 12 1 3 A. 1 4 Q. 1 5 A. 16 17 1 8 Q. 1 9 A. 20 21 22 2 3 Q. Okay. I just wondered. I was curious. During lunch time I thought I had asked you on these projects, and they certainly didn't participate in the sediment testing on Choccolocco or Snow Creek; no foundry did, did they? Not to myknowledge, no. Okay. Tell me, if you would, what other projects. You mentioned the First Missionary Baptist Church. Were you involved in the Choo-Choo Drive-In purchase? Yes . How ? I think that -- Let's see. That property was a part of a -- a property owned by Patterson Pace, Pat Pace. "Pat Pace"? Yes. I think this is -- If I'm not wrong, I think this was one of the properties we talked about at the last deposition . Okay. I'm sorry. KRIEGSHAUSER REPORTING & VIDEO HARTOLDMONO014358 1 76 1 A. 2 3 Q. 4 5 6 A. 7 8 9 10 11 12 1 3 Q. 14 1 5 A. 16 17 18 19 20 Q. 2 1 A. 22 23 Q. That -- Because we closed on that property. Frankly, I read that deposition and I couldn't figure out what the lawyer on our side was asking, but ------Okay. We closed on that property in January of 1999, and so I know that I didn't have any involvement after the first of the year because I rarely get involved in any transaction once you get close to closing because I don't even -- I don't handle those things. Do you know what was paid for that prope r t y ? The Pat Patterson Pace property, we -- the purchase price was, I believe, the appraised value. Appraised value was $140,000. That included three buildings along with the -- the land itself. Are those buildings in use now? One of the buildings is standing and in use. By Monsanto? KRIEGSHAUSER REPORTING & VIDEO HARTOLDMONO014359 1 77 1 A. 2 Q. 3 A. 4 5 Q. 6 A. 7 Q. 8 A. 9 Q. 1 0 A. 11 1 2 Q. 13 1 4 A. 15 16 17 1 8 Q. 1 9 A. 20 2 1 Q. 22 2 3 A. Well, Monsanto leases it. To who? To a tenant that was there when we purchased the property. And what isthat tenant? Excuse me? What is that tenant? A gentleman named "Lemanuel Sanders." And what does he do there? Lemanuel Sanders runs this variety shop and car wash or detail shop. Now have you done any work there, remediating that property? There was one area right behind the building that I recall was 7 PPM, and I believe that we may have remediated that some time ago. Do you know the cost of that? The -------- MR. NEWSOM: The cost? (By Mr. Stewart) Of the remediation. MR. NEWSOM: The cost. Oh, no. No. KRIEGSHAUSER REPORTING & VIDEO HARTOLDMONO014360 1 78 1 Q. 2 3 A. 4 Q. 5 6 7 A. 8 Q. 9 A. 1 0 Q. 11 1 2 A. 1 3 Q. 1 4 A. 15 1 6 Q. 17 18 19 20 2 1 A. 22 2 3 Q. (By Mr. Stewart) Do you know where they took the soil? No, I don't. Now other than the Choo-Choo Drive-In, were you involved in the Ice House transaction? The Ice House purchase? Yes. No, not at all. Monsanto did purchase it, though, didn't it? Yeah. Now it was Solutia. Well, Solutia. Solutia, yeah, has purchased that, I believe, yes. Now let's see. That's a pawn shop, the Ice House, Choo-Choo Drive-In. Did you all purchase the old Laundromat there and little filling station on the corner? That was, I think, that Sunshine Laundromat and, yes, we purchased that. And then you purchased a little -- Was KRIEGSHAUSER REPORTING & VIDEO HARTOLDMONO014361 1 79 1 2 3 A. 4 5 Q. 6 A. 7 Q. 8 A. 9 Q. 10 11 12 13 1 4 Q15 16 A. 17 18 Q19 A. 20 21 22 Q 23 that a little filling station? "Stop-N-Go" or something like that? Stop-N-Go -- I believe it was called "Stop-N-Go Food Mart." How much did you pay for the Laundromat? I'm not sure on the Laundromat. Who would know that? Well, Buddy Cox knows. What about the Stop-N-Go? MR. NEWSOM: You want to go ahead and notice his deposition? I'll send him, if that's possible. (By Mr. Stewart) What about the Stop-N-Go? The Stop-N-Go, I think the purchase price on that was $150,000. Have you done any remediation on that? Yes, as a part of an overall remediat ion on the north side of -- what we call the north side of the plant . Now what about the ironwork s, the Anniston ironworks ? Were you involved KRIEGSHAUSER REPORTING & VIDEO HARTOLDMONO014362 1 80 1 2 A. 3 Q. 4 5 A. 6 7 8 9 Q. 1 0 A. 11 12 1 3 Q. 1 4 A. 15 16 1 1 Q. 18 19 20 A. 2 1 Q. 22 23 A. in that? No. Okay. It was purchased before you got there? No. It was -- I think the negotiations to purchase that was while I was continuing to come in and out of Anniston. But you weren't involved in that? But in terms of, you know, setting the price or negotiations or anything of that sort. What --------- I may have gone overwith Alan Faust at one time to talk with Mr. Ricky Jones on purchase options. Well, I believe that preceded this deposition, so I won't ask you any more about that. Okay. What other things haveyou been involved in since '99? Let's see. In late 2000, and I'm not KRIEGSHAUSER REPORTING & VIDEO HARTOLDMONO014363 1 81 1 2 3 4 5 6 7 8 9 10 11 1 2 Q. 1 3 A. 1 4 Q. 15 16 1 7 A. 18 19 20 21 22 23 sure when but it was the fall or -- fall or winter of 2000, 2001, we entered into administrative order on consent with the EPA which included removal actions where elevated levels of PCB were found in the Anniston area. As a result, there were a number of work plans that were developed. I did not develop any work plans, but I was a part of a review group that reviewed work plans and commented on work plans. Okay. Did you meet with the EPA at all? No . And what was the basis of your comments about those work plans, those removal work plans? Most of my comments were minor in nature, looking at corrections, spellings. There was street names mentioned or addresses mentioned, and I remember one time, you know, I said that address is probably incorrect because that street does not exist and it's KRIEGSHAUSER REPORTING & VIDEO HARTOLDMONOQ14364 1 82 1 2 3 4 Q. 5 6 7 8 A. 9 Q. 10 11 12 1 3 A. 14 15 16 17 1 8 Q. 19 20 2 1 A. 22 23 probably this or that, but most of mine was just based on prior knowledge of the Anniston area. How -- Did Monsanto come up with or Monsanto in conjunction with the EPA come up with a trigger level of 10 for parts per million foremergency removal? That, I have no idea. What about the 2 parts per million? Do you understand that to be the level down to which they would clean? MR. NEWSOM: Object to the form. Yeah, that's -- I've seenthe 2 PPM, and I don't know whether that -- EPA has precedence in other regions or not. I don't know how the -- how they derive the 2 PPM. (By Mr. Stewart) Where did you get the precedence in other regions? Where did that come from? Well, the EPA has got removal actions in -- Based on my experience or based on my knowledge, they have removal actions KRIEGSHAUSER REPORTING & VIDEO HARTOLDMONO014365 1 83 1 2 3 4 5 6 7 8 9 10 11 12 13 14 1 5 Q. 16 17 A. 1 8 Q. 19 20 21 A. 2 2 Q. 23 of many what they call Super Fund sites around the nation, various removals. It's clear that there are certain constituents that are found at Super Fund sites, including polynuclear aromatic hydrocarbons, including PCBs, including vinyl chloride. So there's a number of those constituents. And so the EPA at various regions or in various regions may take removal action on these particular materials and use various levels, and that's what I'm talking about by precedence. I don't know of specific instances. Have you had conversations with people either at Monsanto or EPA about that? No . Do you know of any conversations that have taken place about the precedence of other areas? No . What do you know about Pittsfield, Massachusetts? KRIEGSHAUSER REPORTING & VIDEO HARTOLDMONO014366 1 84 1 2 3 A. 4 5 6 Q7 8 9 A. 1 0 Q 11 12 1 3 A. 14 15 1 6 Q17 18 19 20 21 A . 22 23 A . MR. NEWSOM: You mean GE or just Pittsfield generally or -------- No. My knowledge of Pittsfield, I guess, is I've heard of it, but I -- Other than the name, -------(By Mr. Stewart) What do you know about "Housatonic", the clean-up on the Housatonic? Very little. What do you know about the dredging that's being done on the Hudson? Do you know anything at all about that? In a general way, vaguely; only from the standpoint of what I've read in trade magazines. What is the difference, if you know, Mr. Eley, between the Hudson and -- the contamination on the Hudson and the contamination on Snow Creek or Choccolocco Creek? Oh, -- MR. NEWSOM: Object to form. -- I have no idea. KRIEGSHAUSER REPORTING & VIDEO HARTOLDMONO014367 1 85 1 Q 2 A. 3 Q4 5 6 7 A. 8 9 1 0 Q 11 12 1 3 A. 14 15 1 6 Q17 18 19 20 A . 21 Q 22 23 (By Mr. Stewart) You have no idea? I have no idea. Have you all made any decision about whether o r not you all are going to dredge any portion o f Snow Creek or any por tion o f Choccolocco Creek? To the best of my knowledge, I'm not aware of any remedial actions as being discussed. So there's no intention on the Company's part, I take it then, to offer to dredge any portion of that? Well, not that I'm aware of. There could be proposals on the table. I don't know. Is there any -- To your knowledge, is there any requests by either ADEM or the EPA for you all to dredge any portion of Choccolocco Creek or Snow Creek? Not that I'm aware of. What is the difference in Choccolocco Creek and Snow Creek and Dead Creek at S auge t ? KRIEGSHAUSER REPORTING & VIDEO HARTOLDMONO014368 1 86 1 2 3 A. 4 Q5 6 7 A. 8 9 10 11 12 13 Q 14 15 A. 16 Q 17 18 19 20 21 A . 22 23 MR. NEWSOM: Object to form; vague, ambiguous. What's the difference? (By Mr. Stewart) Yeah. Aren't they both contaminated? MR. NEWSOM: Object to form. Dead Creek. Well, one of the differences, I guess, is Dead Creek has got -- and I've -- by no means have I seen all the data. Dead Creek has much higher concentrations of certain metals, like zinc. Is that why they ordered it or is it PCBs ? Zinc, iron. Is that why they ordered the dredging of Dead Creek because of the zinc? MR. NEWSOM: Are you finished with your answer? Are you finished with your answer? Well, there's -- there's -- there is about three metals; high levels of zinc, high levels of two other metals that I'm KRIEGSHAUSER REPORTING & VIDEO HARTOLDMONO014369 1 87 1 2 Q 3 A. 4 5 6 7 Q 8 9 10 11 12 1 3 A. 14 15 16 17 18 19 Q 20 21 A. 22 23 aware of. Did that come from you all's plant? There's some of that that possibly could. I'm just not that aware of what all kinds of catalysts that we might have used at the plant. So in addition to -- in addition to PCB releases at that plant site, you also had releases of zinc and other metals? MR. NEWSOM: Object to the form. Mischaracterizes what he just said. Yeah. I'm not sure if we have releases of zinc. Certainly, the major -- - the major entity in terms o f zinc i s a big and I can't remember the name o f i t , zinc company. There' s a zinc company right there in that area. Okay. Are they participating in the clean-up? At this stage at Dead Creek in Sauget, I think we're the only people that are actually actively participating. KRIEGSHAUSER REPORTING & VIDEO HARTOLDMONO014370 1 88 1 Q. 2 3 4 5 A. 6 7 8 9 10 11 12 1 3 Q. 14 15 16 17 18 19 20 21 22 23 So you all are the only responsible party that's actually participating in cleaning up the creek even though somebody else perhaps polluted it? There are other people, as I understand, that we consider potentially responsible individuals or companies, but we are the people right now that -- I think we made the decision early on that in order to move the process forward, we would step up to the plate in order to move it forward . Why has that process that you're talking about taken about 15 years? Have you all been involved in that process of the remediation at the Sauget plant, the Krummrich plant in Sauget, for about 15 years? MR. NEWSOM: Object to the form. Are you talking about the plant or are you talking about Dead Creek or -------- MR. STEWART: All of it. Plant, KRIEGSHAUSER REPORTING & VIDEO HARTOLDMONO014371 1 89 1 2 A. 3 4 5 Q. 6 7 A. 8 Q. 9 10 11 1 2 A. 13 14 1 5 Q. 16 17 18 19 20 21 22 23 Dead Creek. (By Mr. Stewart) Remediation of Dead Creek we've been involved in -- It started ------(By Mr. Stewart) Either one. The plant site, ------Must be a year ago. The plant site or Dead Creek or wherever. You've all been involved in characterizing that site for over 15 years, haven't you? Well, I don't know how long we've been characterizing the creek. I'm just not that familiar with the creek. Your implication was in my response to my guestion, Mr. Eley, that you all had rushed in very quickly and agreed with EPA, agreed with the Illinois equivalent of the Alabama Department of Environmental Management and accepted responsibility and began to remediate. But isn't it a fact, Mr. Eley, that you all have been involved in protracted KRIEGSHAUSER REPORTING & VIDEO HARTOLDMONO014372 1 90 1 2 3 4 5 6 7 8 9 10 1 1 A. 1 2 Q 13 14 15 16 17 1 8 A. 19 2 0 Q. 21 22 23 discussions and many times not have had cooperative discussions for about 15 years up there at the Krummrich Plant about contamination of Dead Creek and the surrounding area? Mississippi River for that matter. MR . NEWSOM: Well , object to the form. You've heard something that's totally different than what he said, but -- - And I ' m not aware of that , no . ( By M r . Stewart) So you don't know that you've all been going for about 15 years up there where Monsanto opposed to doing certain things similar to the situation at Anniston? MR. NEWSOM: Object to the form. That's right. I'm not aware of that information. (By Mr. Stewart) Okay. So you don't know how long the process has been going on? MR. NEWSOM: You're talking about KRIEGSHAUSER REPORTING & VIDEO HARTOLDMONO014373 1 91 1 2 3 4 Q. 5 6 7 8 9 A. 10 11 12 1 3 Q. 14 15 16 17 18 1 9 A. 20 21 2 2 Q. 23 Dead Creek which, of course, you asked about before? And I guess ------- (By Mr. Stewart) I'm talking about the plant site, the dumps that you all had along the river, Dead Creek, the whole area up there around the Krummrich plant . Yeah, I'm not that familiar -- I'm primarily -- I've got more familiarity with the Dead Creek and Dead Creek itself . Well, Dead Creek has certainly been the subject of some concern by environmental regulators, the regulators of the environmentfrom the State and the EPA for longer than a year, hasn't it? MR. NEWSOM: Object to the form. No. Well, I wouldn't have -- I don't really have any past knowledge of Dead Creek . (By Mr. Stewart) Okay. So they could have mentioned it before then. You just KRIEGSHAUSER REPORTING & VIDEO HARTOLDMONO014374 1 92 1 2 A. 3 Q 4 A. 5 Q 6 7 A. 8 Q. 9 A. 10 1 1 Q 1 2 A. 13 Q 14 15 16 1 7 A. 1 8 Q. 19 20 A. 21 22 23 don't know abou t it? Excuse me? They could have mentioned it -- Who c ouId have? -- before? The regulators; EPA, Illinois. What, to me? To Monsanto or to Solutia. Oh, yes. I guess that's a possibility, sure. All right. I ' m just saying I'm not aware o f i t . You' re not aware of any activity that's taken place at Sauget before -- as far as the creek is concerned before a year ago? In terms of actual remediation, no. I'm talking about actual conversations about remediation. Oh, no. The only thing I'm aware of, and this is, I guess, reading some of the characteristics of the impoundment areas along Snow Creek is, as I KRIEGSHAUSER REPORTING & VIDEO HARTOLDMONO014375 1 93 1 2 Q. 3 A. 4 Q. 5 A. 6 7 8 Q. 9 A. 1 0 Q. 11 1 2 A. 13 1 4 Q. 15 1 6 A. 17 18 1 9 Q. 20 A. 21 22 23 understand, there was ------You mean Dead Creek? Dead Creek, yeah. You said "Snow." Is there was some sampling done in 1986 by -- I think it was Gary D. Miller in certain areas. For whom? I think it was done for Monsanto. Okay. To find contamination? Find out whether or not it was contaminated? They did sediment sampling and core sampling. Now I just do a little simple math and -- Were they looking for PCBs? I think they did a screening where they looked at PCBs and polynuclear aromatic hydrocarbons, dioxins, metals. Why would they look for dioxin? I think that when you get into a broad scan analyses of industrial pollutants, I think these days dioxin is one of the -- I guess I thought that it was just a KRIEGSHAUSER REPORTING & VIDEO HARTOLDMONO014376 1 94 1 2 Q3 A. 4 5 6 Q7 8 A. 9 10 11 12 13 1 4 Q. 15 16 17 18 A. 19 Q 20 21 22 23 standard test. Did you all look for them in Anniston? In the soil sampling that I've been associated with, the only thing we've looked at i s PCBs . Why then -- If it's a standard test, why didn't you look for it in Annis ton ? Well, because, as I stated, when I came down or I came into that project in 1996 in March, we had a signed consent order, and the consent order specified sampling and analyzing and conducting an analysis for P C B s . What, did you all just hoodoo those folks in Alabama? Pull the wool over their eyes of those people in Alabama? MR. NEWSOM: Object to the form. In what way? (By Mr. Stewart) Well, I mean you were checking for dioxins up here in '86, I believe you said, along the creek near the plant site in Krummrich and that was a standard test in 1986, but you didn't KRIEGSHAUSER REPORTING & VIDEO HARTOLDMONO014377 1 95 1 2 A. 3 4 5 Q. 6 A. 7 8 9 10 11 1 2 Q. 13 14 1 5 A. 16 17 18 19 20 21 22 23 do that in Alabama? Well, let me clarify one thing. In 1986 I think that -- I mean I have seen analyses on various chemicals. Right. And I know that PCBs -- I know there were a lot of volatile and semi-vo1 ati1e organics that were analyzed. Whether dioxin was specifically analyzed, I'd have to go back and look at that. I don't know. Well, you're saying now that it perhaps w a s n ' t? You said earlier it was because it's a standard test? No . I'm saying it could have but I don't know whether I said dioxin was. When you asked me was dioxin analyzed more recently, then I said "yes." We -- Or did Solutia analyze for dioxin? And yes. When we analyzed Dead Creek, did the analysis over the past couple of years, then we used a broad screen -- what they call a "broad scan screen" KRIEGSHAUSER REPORTING & VIDEO HARTOLDMONO014378 1 96 1 2 3 4 5 6 Q. 7 8 A. 9 1 0 Q. 1 1 A. 12 1 3 Q. 14 1 5 A. 16 1 7 Q. 18 19 20 A. 2 1 Q. 22 2 3 A. that included a whole series of volatile organics, semi-volatile organics, polynuclear aromatic hydrocarbons, pesticides, herbicides, metals and dioxin. So you have not looked for dioxins in Anniston, though? To the best of my knowledge. We may have but I'm not just not aware of it. And what about dibenzyl purines? And I'm not aware of any sampling or analysis for dibenzyl, for the purines. Did you do that in Sauget? You did, didn't you? Purines are done as a part of the dioxins analyses. Well, why in your work plan didn't you suggest to the folks at ADEM that you do the same thing in Anniston? Well, I didn't develop the work plan. What reason do you know of that they left that out? Well, I don't know of any reason why KRIEGSHAUSER REPORTING & VIDEO HARTOLDMONO014379 1 97 1 2 3 4 Q. 5 A. 6 7 8 9 10 11 1 2 Q. 13 A. 1 4 Q. 15 16 17 18 1 9 A. 2 0 Q. 21 22 2 3 A. they did or why they didn't. I'm not aware of -- I don't know who developed the work plan. Isn't it fair to say that you all did? I don't know whether it was -- Well, the original work plan, that was the consent order. I guess that was developed -- I was under the impression it was developed by the Department of Environmental Management and Department of Health. The consent order? Yes. Well, isn't it a fact that you all duped for the Department of Health just like you did the Alabama Department of Environmental Management about PCBs? MR. NEWSOM: I object to the form. I don't -- Not to my knowledge, no. (By Mr. Stewart) Didn't a Dr. Renata Kimbro go down there and talk to Brian Hughes? I don't know whether she ever did or KRIEGSHAUSER REPORTING & VIDEO HARTOLDMONO014380 1 98 1 2 Q. 3 4 5 6 A. 7 8 9 10 1 1 Q. 1 2 A. 1 3 Q. 1 4 A. 15 16 17 18 19 20 21 2 2 Q. 23 not. Well, didn't you recommend to people that if they had some kind of information they needed about PCBs, that they talk to Renata Kimbro? She was on a list of health professionals that we consulted with, and I was given her name assomeone that was very familiar with the toxicology of PCBs . By whom? Kaley? By -- I think it was Dr. Kaley. Yeah. And Dr. Mueller also from UAB? There was a doctor from UAB, a Brian Mueller or Forrester. MR. NEWSOM: No; Forrester. It may be Mueller, too. I'm just -- Brian is Forrester, though. THE WITNESS: Is it "Brian"? I thought there was a Mueller. (By Mr. Stewart) Dr. Mueller from UAB? From Occupational? KRIEGSHAUSER REPORTING & VIDEO HARTOLDMONO014381 1 99 1 A. 2 Q 3 A. 4 5 Q 6 7 A. 8 9 Q. 10 1 1 A. 1 2 Q. 13 14 15 1 6 A. 1 7 Q. 1 8 A. 19 20 Q. 21 22 2 3 A. There was a physician in Occupational Health. -- Health or Occupational Medicine at UAB . Well, didn 't Monsanto pay Kimbro and Mueller to do that work? I presume that they did because they were an outside consultant for us. And didn't you also have on that list Dr. Brian Hughes? Correct, yes. And now Dr. Brian Hughes was the "head epidemiologist," quote/unquote, for the Alabama Department of Public Health at the time, wasn't he? That's correct? How did you all get him on your payroll? I don't think he was ever on our payroll. Well, I thought you said you paid these people. I'm just trying to figure out how he got on your list. Well, he was not a consultant. KRIEGSHAUSER REPORTING & VIDEO HARTOLDMONO014382 200 1 Q. 2 3 A. 4 5 6 7 8 9 1 0 Q. 11 12 13 1 4 A. 1 5 Q. 16 1 7 A. 1 8 Q. 1 9 A. 20 2 1 Q. 22 23 Well, what was he doing on your list to talk to these people? I think that -- and I'm not ----- I'm really not sure, but it's my understanding that since he represented the Department of Health, that he felt that he wanted to be made aware or be on the list of contacts on the health effects of PCBs. Well, let's see. You had a consultant. Did Dr. Hughes have the capability to refer people to Mueller or to Renata Kimb r o ? I don't know. I never met Dr. Hughes. Okay. Well, didn't Dr. Kimbro talk to Dr. Hughes? I don't know. Sort of educate him about PCBs? I don't know. I don't know if they ever even met. In the event that Dr. Brian Hughes was referring people to Dr. Mueller or somebody, a cohort of his at UAB and you KRIEGSHAUSER REPORTING & VIDEO HARTOLDMONO014383 201 1 2 3 4 5 6 7 A. 8 9 10 11 12 13 14 15 16 1 7 Q. 18 19 20 Q. 21 22 2 3 A. all were paying Dr. Mueller or to Renata Kimbro and you all were paying Renata Kimbro, it's like leading the fox cart to the hen house, isn't it, Mr. E1e y ? MR. NEWSOM: Object to the form. No, I'm not -- I'm not sure. I would like to clear up one thing. We're talking about Dr. Mueller. Dr. Forrester is the person that I think that I had on the list. Dr. Mueller and Dr. Forrester knew each other at UAB because Dr. Mueller was a contact of the Department of Health. I knew Mueller's name, but Ithink it's Brian -- Brian Forrester? Yeah. MR. NEWSOM: Well, that's the name. (By Mr. Stewart) Didn't Mueller -- Isn't Forrester one of your experts in this case? I don't knowwho the experts are. KRIEGSHAUSER REPORTING & VIDEO HARTOLDMONO014384 202 1 Q. 2 3 4 5 A. 6 7 Q 8 9 10 A. 1 1 Q12 13 14 A. 1 5 Q. 16 17 18 1 9 A. 20 2 1 Q. 22 23 How much contact, if you know, did Forrester have with Hughes or did Mueller have with Hughes? MR. NEWSOM: Object to the form. I don't -- I don ' t know how much contact they had. (By Mr. S tewart) And do you know how much contact any one of the three of them had with Renata Kimbro? No . Isn't it a fact that Dr. Kaley brought her in early on to sort of look at the site -- I don't know. -- to give her assessment? Sort of like she did for GE up there in the Hudson situation? MR. NEWSOM: Object to the form. I'm not even aware -- I'm not aware of that. (By Mr. Stewart) Did you all pay her as much as GE did? They paid her about a million, KRIEGSHAUSER REPORTING & VIDEO HARTOLDMONO014385 203 1 2 3 4 5 6 A. 7 8 Q. 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 give or take a dollar or two. Maybe it's a million; maybe it's two million to do this most recent study. Did you all pay her that much? MR. NEWSOM: Object to the form. No, I'm not aware of how much she was paid or what the arrangement was. (By Mr. Stewart) How much other -------- MR. NEWSOM: You're not suggesting, Donald, that your experts are free, are you? Don't you pay them for their time? MR. STEWART: Well, I'm just not suggesting that they're a prostitute -- MR. NEWSOM: Oh, okay. MR. STEWART: -- intellectually. I wouldn't do that, certainly. And I wouldn't make that same representation about Dr. Kimbro. I would let somebody else make the KRIEGSHAUSER REPORTING & VIDEO HARTOLDMONO014386 204 1 2 3 4 5 Q. 6 7 8 A. 9 Q. 1 0 A. 11 Q. 1 2 A. 1 3 Q. 14 15 1 6 A. 1 7 Q. 1 8 A. 19 20 21 22 23 assessment of her, the validity of what she has to say. That will come with due time. (By Mr. Stewart) Mr. Eley, tell me, if you would, if you live near a Super Fund site. Is that question? Do I or ------- Yes. Yes. Oh, excuse me. Excuse me. Yes. No, I don't believe I do. Okay. How far away do you live from the plant in Sauget which is just across the river? Thirty miles. What about Dr. Kaley? Probably 35. MR. STEWART: Okay. Let me take a look at some things and I may be through. Give me just a few minutes. (Pause) MR. STEWART: I'm through. KRIEGSHAUSER REPORTING & VIDEO HARTOLDMONO014387 2 05 1 MR. NEWSOM: I don't have any. 2 3 (Deposition adjourned at 2:30 PM.) 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 KRIEGSHAUSER REPORTING & VIDEO HARTOLDMONO014388 2 06 1 COMES NOW THE WITNESS, BRUCE W. ELEY, 2 and having read the foregoing transcript of 3 the deposition taken on the 26th day of 4 September, 2001, acknowledges by signature 5 hereto that it is a true and accurate 6 transcript of the testimony given on the date 7 hereinabove mentioned. 8 9 BRUCE W. ELEY 10 11 12 1 3 Subscribed and sworn to me before this _ day of, 2 0 0 1. 14 My Commission expires _______________________________ 15 16 17 Notary Public 18 19 dad 20 Abernathy, et al. 21 vs . Monsanto Company, et al. 22 23 KRIEGSHAUSER REPORTING & VIDEO HARTOLDMONO014389 207 State of Missouri County of St. Louis ) ) SS . I, Deborah A. Daubs-Kriegshauser, a Registered Professional Reporter and duly commissioned Notary Public within and for the State of Missouri, do hereby certify that there came before me at the offices of Kriegshauser Reporting & Video, 319 North Fourth Street, Suite 322, St. Louis, Missouri, BRUCE W. ELEY 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 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 the parties hereto or financially interested in this action. set my 200 1 . IN WITNESS WHEREOF, I have hereunto hand and seal this 18th day of October, 2 0 0 2. My Commission expires September 20, Notary Public in and for the State of Missouri KRIEGSHAUSER REPORTING & VIDEO HARTOLDMONO014390 1-1 Lt No. 839 09/25 '01 21=34 ID = PAGE 14 HARTOLDMONO014391 riLt imo. gy,^S> U1 JU- PAGE 15 LEGEND ''"'nr HARTOLDMONO014392 V t_X '-*+ 1 U PAGE 16 LEGEND ~~JtT HARTOLDMONO014393 VV' Li' VI CL1 1 U PAGE 17 HARTOLDMON0014394 VI t-i '-JV 11^ ' PAGE 18 HARTOLDMONO014395 I tu. INV . <->'*><? vc>/ W VI C.1 iJJ* PAGE 19 IV LEGEND .ha-54 g^r,j,S3t|gg BDL Surface Lob Result <0-6'> DDL Subsurface Lola Result <12' Motto DSL Below Detection Unit NS Not Sanpl.d tl$ :ct, Inc. mintel *!) c.------------- Soil Sampling Results May 2000 McCords Grocery 1200 Clydesdale Avenue Anniston, Alabama Figure 6 HARTOLDMONO014396 imo . y uy/^t> ' Ul 21 ' 2t> 1L): PAGE 20 M LEGEND HA-57 Sample Location ana Designation DDL Surface Lab Result <0"6') BEL Subsurface Lab Result (12-15') NotesifiDL Below Detection Limit NS Not Sompleol (r^-JProjcct, Inc. -Vf~ >rvlf# SCALE IN FEET Soi! Sampling Results May 2000 916 McDaniel Anniston, Alabama U 40 Hgur'e 7 HARTOLDMONO014397 FILE No. 839 09/25 '01 21=36 ID-' PAGE 21 / Far HARTOLDMONO014398 f 11 r~ . ooy cxy ui \. 1U* PAGE 22 Carte, S tre e t HARTOLDMON0014399 oi 1 23 FILE No. 839 09/25 '01 21:37 ID: LEGEND HA-91 Sample Location and Designation BDL Surface Lab Result (0-6') BDL Subsurface Lab Result <12-15'). Notes: BDL Below Detection Limit NS Not Sampled < P_ 3 C 3> < 3 C n> HA-89 BDL BDL PAGE 24 eject. Inc. ylw4ww>mrt*l#TWw (9 Soil Sampling Results May 2000 2013 Walnut Avenue Anniston, Alabama Figure 11 HARTOLDMONO014401 vv-1 W" VI C- CO J PAGE 25 and Designation BDL Surface Lab Result <Q-6#> BDL Subsurface Lab Result <12-150 Notes* BDL Below Detection Llnlt NS Not Sanpled 12 HA-100 fik cu 3 C 0) c> CU L. O O 14 r i i 702A i i l 1 I I I I J 15 ^Gcndii ' --M7n;^------ - Soil Sampling Results May 2000 2609 Moore Avenue Anniston, Alabama `.Vs '"'StJgrfr ;,V' Figure 12 HARTOLDMONO014402 hlLt No. 09/26 '01 21=39 ]D = PAGE 26 ZWI <s> > HARTOLDMONO014403 FILE No. 340 09/26 '01 07:29 ID: PAGE 3 , * Applied Qiemistry, Creative Solutions October 4,2000 Solutia Inc. 575 Maryville Centre Drive St. Louis, Missouri 63141 P.O. Box 66760 St. Louis, Missouri 63166-6760 TeT 314-674-1000 Mr. Wm. Gerald Hardy, Chief Land Division Alabama Department of Environmental Management J400 Coliseum Blvd. Montgomery. AL 3613C-1463 Re: Miscellaneous Soil Sampling Results Dear Mr. Hardy: During the first half of 2000, Solutia Inc. (Solutia) undertook several soil sampling and analysis efforts, the results of which have not been previously reported to the Alabama Department of Environmental Management (ADEM) or to the U. S. Environmental Protection Agency (EPA). Most of these sampling events involved private property in Anniston, Alabama. The First Missionary Bantlst Church The First Missionary Baptist Church (Church) is located on Pine Grove Avenue in Anniston, AL. Initial sampling on the church property was undertaken in 1996 under the terms of the March 8, 1996, Consent Order bciwccn Monsanto and ADEM. The results of that sampling have been reported to ADEM.. in response to the detection of low levels of PCBs in a single isolated location on the church property, Solutia undertook a site-specific remedial activity, which was also reported to ADEM. The Church and Solutia also agreed that Solutia would conduce a more extensive sampling and analysis program to more fully characterize the Church's property, including an undeveloped area on the east side of Snow Creek, which had not been sampled previously. The results of the sampling program are attached as the document entitled "Soil Sampling Results for The Firsi Missionary Baptist Church, Anniston, Alabama, June 23.2000". (Tab l) In summary, the results indicated that there were areas in which both surface and subsurface soils contained PCBs in excess of 50 mg/kg (parts per million or ppm). In April of this year, with the agreement of the Church, Solutia installed a chain-link fence on the west side of Snow Creek lo restrict access to soils containing PCBs at levels in excess of 10 mg/kg (ppm). In June the Church and Solutia tentatively agreed that Soluiin will purchase the Church's property on the east side of Snow Creek and will lease for a period of 5 years the property between the fence and Snow Creek on the west side of the creek. The Church approved that agreement in September. Solutia intends to address the ultimate remediation of these properties following the completion of the Off-Site RCR.A Facility Investigation for floodplain areas ar.d subsequent completion of a Corrective Measures Study for ihc off-site ureas. DSW 159256 HARTOLDMONO014404 1-iLt (MO. 4U oy/"2fc> '01 07=29 ID: PAGE 4 Mr. Wm. Gerald Hardy, Chief Page 2 October 4,2000 Plaintiff Properties in Abernathy ct at. v. Monsanto el at. Litigation In agreement with Mr. Donald Stewart, attorney for plaintiffs in the Abcmsthv v. Monsanto litigation, Solatia undertook a sampling and analysis program on 13 properties owned by clients of Mr. Stewart. These properties were generally selected based on results of previous sampling by agents of Mr. Stewart which suggested that PCBs might be present in soils on the properties in levels in excess of 10 mg/kg (ppm) and which were somewhat representative of geographical distribution around the Solutia plant site. The results of this sampling and analysis effort are included as a data table (Tab 2) and individual maps of the J3 properties. (Tab 3). The data table shows the results for each property as originally reported by Mr. Stewart and the results as reported in this sampling event. (Results in bold type are for samples in which the PCB concentration was reported to be greater than 10 ppm.) Referring to the table, several observations can be made; Property 1: While the initial result reported a level of greater than 100 ppm PCBs, Solutia's analyses reported no PCBs above 10 ppm. Property 2; Solutia confirmed that some soils on this property contain greater than 50 ppm PCBs. Property 3: While the initial result reported a levels of greater than 200 ppm PCBs, Solutia's analyses reported only one sample above 10 ppm and many samples below the detection limit. Property 4: Solutia confirmed that some soils on this property contain greater than 10 ppm PCBs. Solutia's offer to remediate this property Ijbs been refused. Property 5; Solutia confirmed that some soils on this property contain greater than 10 ppm PCBs. The owner of this property refused to participate in the Property Purchase Program. The property is currently unoccupied. Properties 6.7,8,9.10,11.12 and 13; While the initial results indicated that soils on some of these properties contained PCBs at greater than 10 ppm, SoluUa's analyses reported no soils containing greater than 10 ppm PCBs, and the vast majority of the samples did not contain detectable PCBs at all. Split samples were taken by an agent of Mr. Stewart during the sampling. Solutia has not been informed of the analytical results on those split samples. These results demonstrate clearly the importance of adequate characterization of properties before potentially unnecessary remedial activities are initiated. Solutia anticipates that some of these properties are among those targeted by the U. S. Environmental Protection Agency (EPA) for clean up'under an Administrative Consent Order signed by Solutia on September 29,2000. Solutia also anticipates that others of these properties will be resampled in accordance with that Order if access is granted by the property owners. Hwv. 5 Bridge Construction Site. Talladega County. AL. The Alabama Department of Transportation has proposed construction of bridges on Highway 5 over Choccolocco Creek and Cheaha Creek in Talladega County. On June 13,2000, Solutia's contractor collected soil samples at the proposed bridge locations. The results are included in the attached report. (Tab 4) Of the forty six samples collected and screened by immunoassay techniques, the screening results indicated the presence of PCBs above the 1 ppm screening level in only six samples. When those samples were analyzed by gas chromatography, only one sample was confirmed to contain PCBs at greater than 1 ppm. Sample HA-3 (0-2') un the south bank of Choccolocco Creek contained 1.8 ppm PCBs. The results indicated that these bridge construction projects car. proceed without concern for exposure to PCBinrpacted soils. DSW 159257 HARTOLDMONO014405 FILE No. 840 09/26 '01 07:30 ID: Mi'. Wm Gerald Hardy. Chief Page 3 October 4.2000 Plaintiff Property in Owens ct al. v. Monsanto el al. Litigation In agreement with Mr. Ralph Knowles and Ms. Laura Ruth, attorneys for plaintiffs in the Owens v. Monsanto litigation, Solutia undertook a sampling and analysis program for property owned and occupied by Ms, Ruth Mims at 920 McDaniel Avenue, Anniston, AL. The results of this sampling and analysis effort are included as a map, data table, and laboratory report sheets. (Tab S) PCBs at greater than 100 ppm were detected in surface soils at two locations on the property. Solutia has offered to remediate the property or to purchase the property under the terms of Solutia's Property Purchase Program. This offer waslnade by letter to Mr. Knowles and Ms. Ruth on September 18,2000. (Tab 6) Solutia has not received a response to the offer at this tune. If you have questions or need further information please contact me. Sincerely, Robert G. Kaley, II Director, Environmental Affairs cc: Mr. Craig Branchfield Mr. Stephen Cobb - ADEM Mr. James Grassiano - ADEM Mr. Wesley Hardegree EPA Mr. Don Rigger EPA Mr. Russ McLean - EPA Ms. Karen Knight - EPA, Anniston Office Mr. Steve Spurlin - EPA. Anniston Office Mr- Clement Welsh - ATSDR PAGE 5 DSW 159258 HARTOLDMON0014406 IN THE CIRCUIT COURT FOR ETOWAH COUNTY, ALABAMA (Transferred from the Circuit Couirt of Calhoun County, Alabama) SABRINA ABERNATHY, et al., Plaintiffs, v. MONSANTO COMPANY, et al., Defendants. ) ) ) ) ) CIVIL ACTION NO. CV-2001-832 ) (Consolidated) ) ) ) NOTICE OF DEPOSITION AND REQUEST FOR PRODUCTION OF DOCUMENTS TO: Edward M. Newsom, Esq. Smith, Helms, Mulliss & Moore 1355 Peachtree Street, NE, Suite 750 Atlanta, Georgia 30309 Kriegshauser Reporting 319 North Fourth Street, Suite 322 St. Louis, Missouri 63102 Arthur F. Fite, HI, Esq. Fite & Miller, LLC P. O. Box 368 Anniston, Alabama 36202 PLEASE TAKE NOTICE that, beginning at 10:00 a.m., on Wednesday, September 26, 2001, at the offices of Kriegshauser Reporting, 319 North Fourth Street, St. Louis, Missouri 63102, the plaintiffs in the above-styled action, pursuant to Rule 30, of the Alabama Rules of Civil Procedure ("ARCP"), will take the deposition of BRUCE W. ELEY, by oral examination before a court reporter or some other person authorized by law to administer oaths, and this deposition shall be for the purpose of discovery or for use as evidence in the trial of this action, or for both purposes. The deposition will be taken before a notary public, or some other officer authorized by law to administer oaths. You are invited to attend and cross-examine. HARTOLDMONO014407 Pursuant to Alabama Rules of Civil Procedure 26, 30 and 34, the deponent is requested to bring to the deposition the documents requested in Exhibit A attached hereto. OF COUNSEL: Donald W. Stewart, P.C. P.O. Box 2274 Anniston, Alabama 36202 (256) 237-9311 Q/uJ) uJ DONALD W. STEWART Attorney for Plaintiffs 2 HARTOLDMONO014408 CERTIFICATE OF SERVICE This is to certify that I have this date served counsel for all parties to this action with a copy of the within and foregoing document by facsimile transmission and/or by depositing same in the United States mail in a properly addressed envelope with adequate postage affixed thereon and addressed as follows: Edward M. Newsom, Esq. Smith Helms, Mullis & Moore 1355 Peachtree Steeet, NE, Suite 750 Atlanta, Georgia 30309 Arthur F. Fite, m. Esq. Fite & Miller, LLC P. O. Box 368 Anniston, Alabama 36202 DONALD W. STEWART Attorney for Plaintiffs 3 HARTOLDMON0014409 EXHIBIT A For the purpose of this request, the word "documents" shall mean every original and non identical copy of each and every paper, writing (including blind copies), statement, bill, sheet, letter, telegraph, teletype, picture, photograph, negative, slide, movie, film, visual or audio-transcription, videotape, report, memorandum, sketch, chart, note (including, but not limited to notes used to prepare any letter, memorandum, report or other document as herein defined), contract agreement, form, expense ledger, check (cancelled or otherwise), check stub, receipt, memorandum oftelephone conversation, witness (including, but not limited to, potential witness) statement, transcript, memorandum pertaining to witness (including, but not limited to, potential witness), interview, sound recordings, sound recording transcription, inter-office and/or inter-company memorandum, engineering study, cross-section, expert analysis, expert opinion, expert summary, computer printout, book of account, evidence of expenses incurred, work memorandum, report ofinvestigation and/or inspection, file memorandum, bid, request for proposal, record, brochure, book, microfilm proposal exhibit, attachment, draft, certificate, chart, table, price list, paper containing price information, data stored or recorded or in punch cards, computer tapes, disks, reels, other devices for business machines, other means of storing and/or transmitting human intelligence, transcripts, testimony, transcripts of testimony, trial or deposition notes of testimony, affidavits, pleadings, answers to interrogatories, response to request for admission (whether in this process or any other), and printed or readable material. PREFATORY INSTRUCTIONS 1. If an original of a requested document is not located in your home or office, but a legible copy of the requested document is located at said home or office or the deponent has access to a legible copy, then the deponent is requested to provide said copy at the deposition. 2. If, in responding to these requests for production ofdocuments, deponent asserts that any document sought by plaintiffs is protected from discovery due to such document's being a privileged communication, then for each such document, deponent is requested to: a. Identify the author of the document; b. State the author's present address and telephone number, or, if such information is unknown to deponent, then the author's last known address and telephone number; c. State the date said document was originated; 4 HARTOLDMON0014410 d. State the location where said document was originated; e. State the present location of said document; f. If the present location of said document is a place other than the location where said document was originated, state every other location where said document has been placed or otherwise located; g. State each date that said document was delivered to and/or otherwise communicated to any person; h. Identify each person to whom said document was addressed and/or sent and/or made available to for review and/or communicated to in any manner, and state said person's present address and telephone number, or, if said address and telephone number are presently unknown to deponent, then state said person's last known address and telephone number; i. Based upon the context of said document, state the purpose, in general, for which said document was originated; j. State the subject matter, in general, of said document; and, k. For each such document, state with specificity the nature of every privilege that deponent asserts regarding the discovery of said document sought by plaintiffs. REQUESTED DOCUMENTS 1. All documents in the deponent's possession that refer or relate to work done, remediation or otherwise, by Monsanto Company at its Anniston plant concerning PCB contamination, to include, but not be limited to, any and all reports, notes, correspondence, documents, memoranda, photographs, tests, test results, sketches, films, videotapes, diagrams, 5 HARTOLDMON0014411 drawings, appraisals and other items relating or pertaining to, directly or indirectly, the subject made the basis of this action. 2. All data pertaining to air, water, soil, dust, serum, or other PCB sampling in Calhoun County, Alabama. 3. All memoranda or notes memorializing telephone conversations related to air, water, serum, dust, serum, or other PCB sampling in Calhoun County, Alabama. 4. Any copies of letters sent by the deponent to any state or federal regulatory agency. 5. Any notes, memoranda and copies ofcorrespondence maintained by the deponent in relation to property purchases in Anniston, Alabama, resulting from the PCB contamination. 6 HARTOLDMON0014412  Applied Chemistry. Creative Solutions June 26, 2001 Ricky Cofield 2023 Glover Drive Oxford, Alabama 36203 Solutia Inc. 575 Maryville Centre Drive St. Louis, Missouri 63141 P.O. Box 66760 St. Louis, Missouri 63166-6760 Tel 314-674-1000 Re: Environmental Investigation of Choccolocco Creek Floodplain Dear Mr. Cofield: Since 1999 Solutia Inc. (formerly the chemical businesses of Monsanto Company) has been involved in an environmental field study along Choccolocco Creek between Oxford, Alabama and Lake Logan Martin reservoir. The investigation is being carried out under the oversight of the Alabama Department of Environmental Management (ADEM). The first phase of the investigation was completed in 2000 and pertained mostly to sediment sampling in the creek. We are now beginning the second phase of the study, which focuses on the 100-year floodplain extending from the confluence of Snow Creek and Choccolocco Creek downstream to Lincoln, AL. Solutia proposes to conduct wildlife surveys and soil sampling along representative transections of the creek's floodplain. Ten transections, or lines traversing the creek and adjacent floodplain, have been selected for study by our consultant, Blasland, Bouck & Lee, Inc. (BBL), who will perform the fieldwork. The enclosed 1 l"xl7" map (Figure 12) shows the general location of proposed transections and the approximate coverage of 100-year Choccolocco Creek floodplain. The transections vary in length from 650 feet to 4,000 feet. To conduct this phase of the study Solutia needs written permission from local landowners for access to certain properties within the 100-year floodplain. The Calhoun County tax records indicate that you own the land parcel designated as "11-21-09-32-01-03". This is among a number of properties for which Solutia is seeking access. The location of the property (identified as parcel 3n-2i-o9-32-oi) is shown on the enclosed aerial photomap for Transect C-FP01 in relation to the nearest transection and floodplain boundary. U.S. Interstate 20 appears at the top of the map and Friendship Road runs diagonally in the southwest quadrant. Glover Drive and Douglas Drive are located in the southeast comer of the photo. The study will take about 18 months to complete and includes two wildlife evaluations (one in the spring, a second in the fall) and a soil-sampling program. A team of 3 to 4 ecologists will conduct the wildlife surveys by traversing the entire length of each transection, noting and describing the local habitat and the nature and extent of animal and plant life in the floodplain. The location of each transection will be determined in the field using a portable GPS (global positioning system) survey instrument. The team will access the transections by traveling the creek by boat unless it is more convenient or safer to reach a transection by public or private (with owner consent) roadways. It is our intent to restrict work activity as much as possible to within a 250-foot wide corridor along the transections. The purpose for floodplain soil sampling will be to determine the presence, if any, of polychlorinated biphenyls (PCBs) in the topsoil along each transection. Soil samples will be collected by a team of 3 to 4 1 HARTOLDMON0014413 environmental scientists approximately every 300 feet, beginning near the top-of-bank and continuing to the edge of the 100-year floodplain on both sides of the creek. All sampling locations will be staked and surveyed to establish location and elevation of the soil samples. Two samples will be manually collected at each sample location (at depths of 0-6" and 6-12") using plastic tubes or hand auger and submitted for independent laboratory analysis of PCBs and total organic carbon (TOC). The sampling results will be shared with respective landowners once the results have been validated and reported to Solutia by the consultant. All information gathered during this investigation will be reported to the appropriate regulatory agencies and used in developing a health and environmental assessment of the floodplain. If you agree to allow Solutia and its consultant access to the above land parcel for the described purposes, I would appreciate your completine the enclosed "Survey & Sampling License Agreement" form and returning it to me at your earliest convenience in the self-addressed, stamped envelope. I will then sign for Solutia and mail you a copy of the signed agreement. In completing the form please include your name as owner on the top line and the date, signature, printed name, mailing address and telephone number near the bottom. I generally use the tax map and parcel number assigned by the County Tax Office to describe property location. Also, if you wish to be notified prior to any fieldwork (wildlife survey or soil sampling) on your property, please check "Yes" near the bottom of the form; otherwise, check "No". If you have any questions regarding the proposed floodplain investigation or would like additional information, please don't hesitate to contact me either in my St. Louis office at 314-674-5295 or locally through our Anniston, AL facility at 256-231-8447. Thank you for considering this request. Sincerely, Bruce W. Eley Manager, Environmental Affairs Solutia Inc. Enclosures: Map of Choccolocco Creek - Proposed Floodplain Transects (1 l"xl7") Choccolocco Creek Floodplain Transect C-FP01 Aerial Photo Survey & Sampling License Agreement Self-address, stamped envelope 2 HART OLDMONO014414 Choccolocco Creek Floodplain Transect C-FP01 LEGEND Floodplain Transects Tax Parcels 100-Year Floodplain 500 0 500 1000 Feet HARTOLDMON0014415 SURVEY & SAMPLING LICENSE AGREEMENT /his License Agreement is made between ________________________________________________________ a landowner (Owner) in Calhoun County, Alabama, owning property located at___ Tax_Number___ __11-21-09-32-01-03___ , and Solutia Inc., 702 Clydesdale Avenue, Anniston, Alabama 36201-5390. 1. Owner hereby grants to Solutia and their contractors or representatives a revocable license to enter upon real property owned by Owner located at____ Calhoun County Tax Number __ 11-21-09-32-01-03___ (the "Property"), for the following purposes: (a) Conducting two field ecological (wildlife) surveys of plant and animal life (in the spring and fall) along and to the side of the floodplain transection traversing the Property [shown as parcel_3n-2j-09-32-oi_ on the aerial photo map] and (b) collecting soil core samples from the Property along the same line traversing the Property within the 100-year floodplain area of Choccolocco Creek. Soil samples will be taken to a depth of approximately 12" and analyzed for the presence of polychlorinated biphenyls ("PCBs") and total organic carbon (`TOC"). 2. Solutia agrees, upon completion of the sampling and testing to be performed, that all materia] and equipment shall be removed from the Property. The Property will be restored as nearly as possible to its original state and condition. 3. Solutia assumes responsibility for, and agrees to indemnify Owner for any liability for losses, expenses, damages, demands, and claims in connection with or arising out of any injury to persons or damage to property sustained in connection with or arising out of performance of the work hereunder. 4. Solutia assumes responsibility and liability for violations of Federal, State, or local law incurred in connection with or arising out of performance of the work hereunder. 5. Owner shall advise Solutia of any utility lines or other hazardous or potentially hazardous conditions that Owner is aware of that might reasonably be expected to be affected by the work to be performed. 6. This Agreement contains the entire agreement among the parties, and no other agreements, whether oral or written, between the parties with respect to the subject matter of this Agreement shall be binding or valid, expect as provided above. Executed thisday of_______ , 2001. By: ; Print/Type Name:___________________________________________________ Address: Telephone No: Notify Owner prior to fieldwork on the Property _____ Yes SOLUTIA INC. By: _______ No Title: __________________________________________________ HARTOLDMONO014416 03/00 SYR-D54-DJH.LBR ycc 10209021/10209n 10.cdr SOLUTIA INC. ANNISTON, ALABAMA PHASE II OFF-SITE (FLOODPLAIN) RFI/CS WORK CHOCCOLOCCO CREEK - PROPOSED FLOODPLAIN TRANSECTS I >1 VT 1 jI BLASIAND, BOUCK & LEE. INC. . engineers & scientists FIGURE 12 HARTOLDMON0014417 * * Applied Chemistry, Crealivc Solutions June 26, 2001 Darlene Roughton 5997 U.S. Highway 78 West Oxford, Alabama 36203 Solutia Inc. 575 Maryville Centre Drive St. Louis, Missouri 63141 P.O. Box 66760 St. Louis, Missouri 63166-6760 Tel 314-674-1000 Re: Environmental Investigation of Choccolocco Creek Floodplain Dear Ms. Roughton: Since 1999 Solutia Inc. (formerly the chemical businesses of Monsanto Company) has been involved in an environmental field study along Choccolocco Creek between Oxford, Alabama and Lake Logan Martin reservoir. The investigation is being carried out under the oversight of the Alabama Department of Environmental Management (ADEM). The first phase of the investigation was completed in 2000 and pertained mostly to sediment sampling in the creek. We are now beginning the second phase of the study, which focuses on the 100-year floodplain extending from the confluence of Snow Creek and Choccolocco Creek downstream to Lincoln, AL. Solutia proposes to conduct wildlife surveys and soil sampling along representative transections of the creek's floodplain. Ten transections, or lines traversing the creek and adjacent floodplain, have been selected for study by our consultant, Blasland, Bouck & Lee, Inc. (BBL), who will perform the fieldwork. The enclosed ll"xl7" map (Figure 12) shows the general location of proposed transections and the approximate coverage of 100-year Choccolocco Creek floodplain. The transections vary in length from 650 feet to 4,000 feet. To conduct this phase of the study Solutia needs written permission from local landowners for access to certain properties within the 100-year floodplain. The Calhoun County tax records indicate that you own the land parcel designated as "11-21-09-32-01-18". This is among a number of properties for which Solutia is seeking access. The location of the property (identified as parcel 18) is shown on the enclosed aerial photomap for Transect C-FP01 in relation to the nearest transection and floodplain boundary. U.S. Interstate 20 appears at the top of the map and Friendship Road runs diagonally in the southwest quadrant. Glover Drive and Douglas Drive are located in the southeast comer of the photo. The study will take about 18 months to complete and includes two wildlife evaluations (one in the spring, a second in the fall) and a soil-sampling program. A team of 3 to 4 ecologists will conduct the wildlife surveys by traversing the entire length of each transection, noting and describing the local habitat and the nature and extent of animal and plant life in the floodplain. The location of each transection will be determined in the field using a portable GPS (global positioning system) survey instrument. The team will access the transections by traveling the creek by boat unless it is more convenient or safer to reach a transection by public or private (with owner consent) roadways. It is our intent to restrict work activity as much as possible to within a 250-foot wide corridor along the transections. The purpose for floodplain soil sampling will be to determine the presence, if any, of polychlorinated biphenyls (PCBs) in the topsoil along each transection. Soil samples will be collected by a team of 3 to 4 1 HARTOLDMON0014418 environmental scientists approximately every 300 feet, beginning near the top-of-bank and continuing to the edge of the 100-year floodplain on both sides of the creek. All sampling locations will be staked and surveyed to establish location and elevation of the soil samples. Two samples will be manually collected at each sample location (at depths of 0-6" and 6-12") using plastic tubes or hand auger and submitted for independent laboratory analysis of PCBs and total organic carbon (TOC). The sampling results will be shared with respective landowners once the results have been validated and reported to Solutia by the consultant. All information gathered during this investigation will be reported to the appropriate regulatory agencies and used in developing a health and environmental assessment of the floodplain. If you agree to allow Solutia and its consultant access to the above land parcel for the described purposes, I would appreciate your completing the enclosed "Survey & Sampling License Agreement" form and returning it to me at your earliest convenience in the self-addressed, stamped envelope. I will then sign for Solutia and mail you a copy of the signed agreement. In completing the form please include your name as owner on the top line and the date, signature, printed name, mailing address and telephone number near the bottom. I generally use the tax map and parcel number assigned by the County Tax Office to describe property location. Also, if you wish to be notified prior to any fieldwork (wildlife survey or soil sampling) on your property, please check "Yes" near the bottom of the form; otherwise, check "No". If you have any questions regarding the proposed floodplain investigation or would like additional information, please don't hesitate to contact me either in my St. Louis office at 314-674-5295 or locally through our Anniston, AL facility at 256-231-8447. Thank you for considering this request. Sincerely, Bruce W. Eley Manager, Environmental Affairs Solutia Inc. Enclosures: Map of Choccolocco Creek - Proposed Floodplain Transects (ll"xl7") Choccolocco Creek Floodplain Transect C-FP01 Aerial Photo Survey & Sampling License Agreement Self-addressed, stamped envelope 2 HARTOLDMON0014419 Choccolocco Creek Floodplain Transect C-FP01 LEGEND : Floodplain Transects Tax Parcels n 100-Year Floodplain 5 500 1000 Feet HARTOLDMONO014420 SURVEY & SAMPLING LICENSE AGREEMENT fhis License Agreement is made between_______ , a landowner (Owner) in Calhoun County, Alabama, owning property located at___ Tax_Number___ __ 11-21-09-32-01-18____, and Solutia Inc., 702 Clydesdale Avenue, Anniston, Alabama 36201-5390. 1. Owner hereby grants to Solutia and their contractors or representatives a revocable license to enter upon real property owned by Owner located at____ Calhoun County Tax Number __ 11-21-09-32-01-18___ (the "Property"), for the following purposes: (a) Conducting two field ecological (wildlife) surveys of plant and animal life (in the spring and fall) along and to the side of the floodplain transection traversing the Property [shown as parcel_18_ on the aerial photo map] and (b) collecting soil core samples from the Property along the same line traversing the Property within the 100-year floodplain area of Choccolocco Creek. Soil samples will be taken to a depth of approximately 12" and analyzed for the presence of polychlorinated biphenyls ("PCBs") and total organic carbon (`TOC"). 2. Solutia agrees, upon completion of the sampling and testing to be performed, that all material and equipment shall be removed from the Property. The Property will be restored as nearly as possible to its original state and condition. 3. Solutia assumes responsibility for, and agrees to indemnify Owner for any liability for losses, expenses, damages, demands, and claims in connection with or arising out of any injury to persons or damage to property sustained in connection with or arising out of performance of the work hereunder. 4. Solutia assumes responsibility and liability for violations of Federal, State, or local law incurred in connection with or arising out of performance of the work hereunder. 5. Owner shall advise Solutia of any utility lines or other hazardous or potentially hazardous conditions that Owner is aware of that might reasonably be expected to be affected by the work to be performed. 6. This Agreement contains the entire agreement among the parties, and no other agreements, whether oral or written, between the parties with respect to the subject matter of this Agreement shall be binding or valid, expect as provided above. Executed thisday of, 2001. , By: ; Print/Type Name: Address: _____________________________________ Telephone No: Notify Owner prior to fieldwork on the Property ______ Yes SOLUTIA INC. By: _______ No Title: ___ _______________________________________ HARTOLDMONO014421 03/00 SYR-D54-DJH.LBR ycc 10209021/10209n10.cdr CHOCCOLOCCO CREEK - PROPOSED FLOODPLAIN TRANSECTS BLASLAND, BOUCK & LEE, INC. engineers & scientists FIGURE 12 HARTOLDMONO014422 I HARTOLDMONO014423 SnowCr_Tbl.doc: revised 2/13/01 Sediment -- DRAFT SnowCr_Tbl.doc: revised 2/13/01 HARTOLDMONO014424 -Sedimen* DRAFT SnowCr_Tbl.doc: revised 2/13/01 HARTOLDMONO014425 -Sedimen* DRAFT SnowCr_Tbl.doc: revised 2/13/01 HARTOLDMONO014426 Sediment -- DRAFT SnowCr_Tbl.doc: revised 2/13/01 HARTOLDMONOQ14427 -Sediment DRAFT SnowCr_Tbl.doc: revised 2/13/01 HARTOLDMONO014428 -Sediment DRAFT SnowCr_Tbl.doc: revised 2/13/01 HARTOLDMONO014429 -Sedimen* DRAFT SnowCr_Tbl.doc: revised 2/13/01 00 HARTOLDMONO014430 Sediment -- DRAFT SnowCr_Tbl.doc: revised 2/13/01 o> - HARTOLDMONO014431 03 t3 3 03 LU DE LiEdLLI" S' <C to. 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E CL ||Qz.f8e CL CO CM E o ii a Oo P o O CM * CM CM 06 E (0 aCL +(Q* cCoO 2 CM E CL Q. 00O55 Id Q UJ CO co it con CL O^ O *7-0 in CD ^O CM o II CD 0 CL o1 UJ CO d II CD o CL aCMi UJ CO CD O 0. o <P ZO E CD ttp CL H IZII M P 1" Sh |S3 m co cm ]co II C. d CD O CM 6 UJ C/3 Q2 - E a o r- O II om CL if k_ 13 =05 cE M-- T0D5 !02). CVoO 32 *= e U5 - >_ C05 E Sd 5 Q) e 05 O_) o co 1c CD CL D Si !$ '* i 00 *; o> $d [4= d o a. CD CD CO *D c k. g TE3 $ CD -- ;* -D l cOo Qa). CM ~Q c0) 11 g 1s I'rts: o 2CO i l* rO^ 0qo . o z II o oJ- 10 Q oo Z CM o11 I E CL CL o oCCDO t- rCM =o CO X E CM as -Q OZ II II 0m om 0_ CL CM 6 E CL CL C00D o o II 0CD 0. aQ Q<Si 1 tIT _ 1 z 03UJ UJ o UJ CO CO Q. CD "O w C5O cI r .E Tf '= ~ c 11 $ CM '5 44 d to Q. CO CaL."_ cmo- up d CM *5* | O CL S MS CO O r= CL CM o. . a UJ a. co a. CaL c 3I iC .E O T- i'l Is in o> o Eaa.. co ion CM 6 Ea. cl Ecal. o oco CD E CL CL OO Q8 UJ CM C/3 II CoL ^ co c 3 e .E CM CM Is r-3 CD c 1 UJ s'f _m to liS C 22OT 5 uj c UJ 55 uj n Q3oO) oc CD ofl 2 c o c o co >% >5 > o "5 o> o> O) 5 CD CoOI oI CD o IS CD 105 CO DC HARTOLDMONO014482 Communication List Page 18 of 18 9/25/01 riLX no. cos ui '-<24 ll): T*Die i. uuiytieURitull! tor Sail Siwpj,, CoM! for Plaintiff Property Sampling, May 2000, Llghtfoel Franklin. and WhK. LLC 9AMHf 0 P-*"- HA-1 Mr DAT! COLLBCTEO VMQD Dry W*M A/Actor 1014 71 at Ai actor 1231 *06 Arse)or mi *06 Anew Ars)r Amto 1342 1246 1394 *0.5 *0.5 2.62 Arstter A/Actor Arociar tsco tut mi M *05 0.1 /era 3X) HA-1 HA-2 iM9" Mr MAO VI AO n 0.4 *05 <0.6 *04 *0.5 *0.6 *01 at *0.5 BDL 75 *0 4 <0 4 <0.4 <0 5 <06 09 <0 6 40 9 -0.5 04 HA-2 e-r *i u 04 -0.1 o.s <0.5 *9.6 *06 *0.5 *0.6 *0.5 BOl HA-2 IMF MAX a <01 <0.6 *06 *0.4 *06 *09 *0.6 *0 9 *04 BOL HA-4 sn/te 94 *o.s *01 *0.5 -as *0.6 -at *06 <0.8 *0 5 BDL HA-4 i2-ir 4/1jCQ 61 *0.5 *05 *0 9 *0.5 *0 5 *0.6 a <06 *0 5 BOl HA-4 HA-2 OWT ip MAO vit 55 '02 0 5 *04 <0.6 <09 <05 <08 <04 -0.6 BDL at3 *04 *0.5 *0.4 *0.4 *05 08 *0.6 *0.6 BDL HA4 w HA-A iair ViAn MAO 12 *0.3 *0.9 <04 *0.5 *04 *0.9 <0.6 0.5 *0 4 BDL V *0 5 *0 4 as <j <06 -as 0.1 <05 *05 BOL HA-7 6-r woo M *0 5 *0.5 *0.6 -0.1 *0.6 as <0.5 *05 BDL HA-7 13-if mao M <0.4 <0 6 *09 0.6 *0.6 *0 5 *0.5 <0.5 <06 BOL Off* a/i/oo' 00 ' as *0.5 os *09 <0.6 2P1 *0.6 <01 *0.5 2.11 HA.6 5/1 AX u *0.9 *09 *05 <05 *01 *0 6 *0.5 04 *0.6 BOL HA-4 HA-10 HA-10 12-19in- M/CO woe 5/1/00 *7 *ft4 *o.6 *0.4 *05 *0.6 *0.3 <09 *06 *0.5 BDL <0n *ai *0.5 *0.5 *0.1 <0.9 At# *a 6 *0.5 4,16 *0 *0.5 <05 *0.5 *0.5 <01 *0 6 *0.5 <0.5 r *os BDL HA-11 HM1 CW-1 04" ij-,r V1/D0 ww MAO X <0.5 *04 *0.5 *0.9 *0.5 *05 *0 *0.5 -0 4 BOL M *0.9 *0.1 <0.5 <0.5 *06 <05 <0.6 <09 *0.5 BOL -atDO *0 8 *0.5 *0 5 *0.6 <0.5 *0.6 *0.6 <0.5 BOL HA-12 o-r woo 90 *0.5 *04 *05 -0.1 *0.4 <0.3 *09 *06 <05 BDL HA-IS W woo M *0.9 *0.4 3 5 *0.4 *0J *04 *0 5 *0.6 *09 BOl HM4 HA 14 HA>15 MA-14 04" 1M- iair M/00 yi/oo an/ex Vl/CO * ai -as *0.9 dOJ *04 *04 01 <0.5 *0.9 BOL e -0.1 *06 -S.S *05 <C3 *0.5 *o.i as *09 BOL -at*0.9 *05 *0.5 *06 *0.5 *0 6 *0.6 <05 BDL ftt *0 5 Oft *0 4 *0.4 *04 0- 4 H *0.5 0.4 *0.8 BOl HA-1* M" 1/1AO m *09 *0.6 <0.4 *0.5 *0.5 430 125 *0.4 11 125 HA-1* 12-ir Vi AX M *0.9 *0.5 *a5 <05 7.1* 10.9 -Of 1 7B.B * HA-17 M MXO M *as *0 5 <0 5 <2.6 <0.6 <0.5 *06 <0 6 0 6 1 BOL. j HA-It HAIt or 13*15" i yi/M Vi/OO o.s09 *0 5 *0.6 *0.6 <06 *0.1 <05 *04 *0.4 BOL j| *9 -OS 05 *0.5 *06 <c $ *0.5 *0.5 <0 4 <0 4 ! 6DL 1 HA-t* ! *i/oo *4 *05 <0 4 <0.5 0 5 OS *0.4 <0 5 *0 5 <0 5 i 001 - J- ______ J_____ !-- - Genesis Project, Itic. HARTOLDMON0014483 FILE No. 839 09/25 '01 21:29 ID I PAGE 7 Tiblt 1. Analytical Results for Sod Samples Collided lor Plaintiff Property Sampling, May 2000, lightW. Franklin, and Whk*. LLC Dare Dry WHOM | Alacnr 5AMBIS It P-pw.-_cpyhEPTKP,,. % | 101* ATOCMr 1771 Afvctor 1232 AfMlAf 1X2 Aroctor 1X5 ArvcHt ISM Aractor 12M Aracter IMS Arteiw 1268 total PC 0'S MA-18 V HA-TO HA-21 HA-71 | o-r 40*0 --in*o 12-19' 5000 D-ff* mi i3-ir MOD 57 1 |m 80 79 m -<0 5 ^0.5 40 5 *01 as -0$ <0.4 <03 405 <0.5 -0.5 <0 5 i <03 -as -03 4>,S <0 5 .6} -as __ _______ 1_________________ <as i a <03 <03 Oft <05 *03 *03 <0 5 *0.1 <0.4 -at *0 5 1 <os *05 <0.9 *03 <03 as 1 *0 : BDL Dt -0 6 *01 ; *----- -- I <03 *0.1 1 bn. 1 bQL *03 <03 BDL M* MOD i <0.1 <0.5 -as -OS -0 5 <as *01 *01 bOi HA-33 HA.73 12-ir 04T 8/29JQ Sian M <05 <05 <0.5 <03 -05 <05 *05 <01 -os . bdl i 82 0 40.5 <03 as -05 *03 0 6 <03 <03 DDL HA-23 13-IP fiMO 88 *a* 41 <03 403 *0.4 *6.1 *03 *ai *05 bDL HA,2d or woo 82 <as <0 5 -05 *03 -6.1 <06 *03 -as <03 bOL HA-24 13-ir srtoo M <05 40.5 -as 403 <03 -as- * *03 *01 *03 BOL HA-29 or VHOO at <03 40.5 *41 <03 -03 <03 03 <3 6 *03 BOL OUR-2 5/200 M -0* *. <C.5 <03 <03 <as *03 <03 <03 SOL HA-29 12-19- S/2XV U <0 5 *0 5 <0.5 -oft -03 -03 -03 -0.5 403 BPL KA-M HA-21 or 12-1S* sow MOO 80 <09 <05 *0.5 *05 <0.5 <03 Oft as <05 BCt *6 0.8 403 *0.5 <as <03 <0 6 40.4 *03 *05 BDL HA-27 or 50*0 80 <03 <0 5 *03 <03 <03 <0 6 -0.1 as *05 i iot hA-23 1J-1S* 5/2*0 87 *0 5 *03 <03 -0,1 <03 *as 403 <0.5 -03 BDL HA-71 or V3FOO 83 .ft* *0,5 *0.5 <0.0 <03 <as <03 *0.1 *03 iOL DUP-3 MOO 93 40.9 4Q.9 as *0 5 <0.6 -aft <0.5 -0.5 <08 BDL HA-21 HA- H*- 1215* OT 13.15* Mm 9/2*0 Aono Aft <0.5 <0.5 *05 <0.5 <03 405 at *03 -03 bW. tt <03 *0 5 <ft5 <03 *03 ID 1.17 03 0.58 til 87 <0 5 <ao *03 0.88 at 208 148 <03 4Q.S 54 HA-30 or MCO 08 <21 *i <15 *15 17.1 103 *26 an *7.4 HA-30 13-19* 9Q*0 M <03 <0.5 *03 40.5 *06 <as <i -OS 1 <as BOL HA-31 OC MAO n <as *03 <03 <06 -a# 173 *0.5 *05 4.18 22.0 HA-31 13-lP 5/2*0 90 -o *03 *0* *0.5 <03 113 <03 <ai <03 1.41 HA-32 or 5/2*0 81 <-5 * *0.5 *05 *05 405 *03 *03 *03 BPL HA-33 13-15* WOO 81 <0.5 <0.9 *03 <0.1 -as Cl <03 <0.5 0,5 Dl HA-33 o-r 90*0 M <05 <0 5 *03 -as *0 5 *61 4.60 <0 5 138 HU. 33 12-15" HA. 34 or' HA*34 17-15" 90*0 50*0 V2XB ,M *0.5 <0 5 <C3 <0 5 <03 -03 *03 <0.5 03 BDL W *0.1 *0.1 <0.5 <05 *04 <03 <0 5 *0 5 \ *03 i- PL 03 -0 4 *0 4 <05 *0 5 <03 *03 <05 .01. | -01 " BDL i- __________L -- Gcnesis Project, hie. HARTOLDMON0014484 nut no. yy i 'oi !i:w id PAGE 8 T*Wt 1. Analytical Riwlts for Soil Sample CoAicttd lor Plaintiff Property Sampling, May 2000, Ughtfoot, FranMn, and Whitt, ILC { DATE 1 Dry Wfffftt Ataclor 1 Amator SAMPLE tO o.vn | ca.HCTSO | l 101ft ; 1231 Aroctor 1253 A roc tor 1343 Arsetor 1341 doctor AiKlgi I3M I3M Arvefor 13*3 Arodir 1 12SS : total rcr* ha.M or 60/00 04 *0 1 *0.5 <Q.5 0 5 05 <05 <0 5 <0 5 *os , toe HA-J* IMP Wffl0 SO as a* 0.5 o.s ^ <04 <03 <0 3 <0.5 06 KH. MA-J* OT 4/2KJO n 40. S -as 0.6 <0.5 05 06 -04 OS 06 OL HA-3S ia-ii* 3/l/DD M *04 0 5 *04 OS <0 5 <0 6 05 <0 0 -0.5 BOL HA-jr o-r 6/200 01 04 <05 <0.5 -as <0.6 <0.5 OSS 05 1 54 U1 HA-3? MA.U uor w V2/D0 5/2/00 >1 a* -0.5 <0.4 -as 4S OS -as 0.5 O.S 1 1 *os <0.5 <05 *0 5 as -06 os ai <0.5 BOL DL HA.M isor woo 10 <0.3 <0 5 -0.5 -0 5 <05 0 5 05 05 o.s ODL HA-30 ha^ *# it*w woo SOKS n MLS <0.5 -0.6 <0.6 <04 O.S 135 Oft <01 144 M MLS 0.| <o.S *04 <06 <0.3 <0.5 0.5 0.4 mi! HA-40 HA*40 o-r i3-ir . WOO 0 4.5 <0.5 0.5 <0.5 aft 05- Oft OB 4.03 4.B3 0 <05 <0.3 as <0.5 OS i 0.5 <0.4 DDL HA*41 (MP WOO S7 0.5 <0.5 <a.4 as <0.5 100 O.S o.s 4.57 m HA-41 13-ir S/MO fl7 -0.5 <0.5 *04 <0.5 <0.5 *0.3 0.4 0.5 04 BOL BA.43 or* woo B3 <0 5 <0.5 0.5 -0.S <0.6 *04 <0 6 0.5 0 4 m. out*-* C0t AS <0.5 -0 8 <4 <0.5 <0.6 *05 Oft -54 *0 5 hoi HA-43 HAMS HAMS HA-44 HA-44 is-ir o-r tj-ir or o r woo woo oan woo woo S3 -OS <0 0 <0.3 <0.5 0.5 r.as 037 -OS Ot 39.4 17 -OS -q.s <0.6 <0.5 0.4 373 0.5 5.74 *0.4 >.40 07 *g. -0,5 <0.6 <0.4 0.5 <03 <03 OS 1 03 ID 17 -a# <0.5 <0.5 *as <0 8 4.U tor 0.6 5 1* 224 7 <0.5 <0.5 *04 <0.5 04 1*54 <06 O.S IH 1 7.10 HAMS or- woo . M 0,5 <05 <04 0.5 <0.5 *3.1 06 OS ODL HMJ HAMS J3-1F Mr HAM* iaor woo MM woo M -4.0 MS 45 <0.5 OS 41 <0.5 <09 *04 POL '* 07 41 -0.1 <0.5 <0J 0.6 4-33 4.24 05 IU 124 SO <0 5 <05 <0.5 -as at 0.5 <0.5 a* 0 3 OL HA-47 om- woo sa <0.5 <0.5 *0 6 . <0.5 <0.1 0.8 <0.5 <05 *0.5 POL HAM7 13-It" MM 00 -0.5 <0.5 <0.5 04 0.5 <0 9 *0.5 04 <0.4 BOL HAMS or MM M -05 <0.5 *0.5 <5 05 05 -0.5 05 3B7 317 HA-4S HAMS ijor or MM WOO 00 Lft <0 5 <0.6 <0 4 as o <0 6 <05 0 5 BOL M *0.5 0.5 <0 5 *0.5 0 5 3.1 OS <06 -C j HAMS 12-16" woo #1 -0.6 <05 <0 5 <0 6 <0 8 0 5 -0.6 oft 0 5 DDL HA MO or SMD 01 <C.5 <0.5 <05 <0.6 0 5 <0.6 <0.5 OS 0.3 SOL HA-SO uor woo 04 <0 3 <C 5 <0.5 <0.5 OS O.S 0 5 -C3 -0 3 eoL Genesis Project, hie. HARTOLDMONO014485 FILE No. 839 09/25 '01 21=31 ID PAGE 9 Tlbfo 1. Analytical Ramil for Soil SampW* Cott*etj lor PbintHI Preptfty SiMng. May NOB, Ughtfoot, Franldln. and Whit*. LLC DAMPIE ID ep*_ Da vt COLLECTED Pry WtiQMi Artctor % 1016 AfKlot 1321 awtor mi Atoctor 154) Atottor 1244 Afoctor 1T54 Aroctor i *r*<t*r ilia | in ! 707AL >cn HA-51 euai HA-11 04" , 13-15" 40/00 torn vuio 61 <0 5 ai <0.5 1 *&s *0,5 *01 -05 | *es ; <05 . BOt _ -....---________l__ ________ 41 <4 4 -0.5 *0.5 *4.4 *04 <05 .08 | .0 5 , .0 9 | kDL 1' 1 u <06 06 <05 *0.6 <05 <0 4 *0 8 | .os ! .os i sdl HA-52 or . woo to -0.5 -as <0.5 | *0 5 <05 *0.1 -04 *aJ___*as i am. HA-52 ij-ir toco 41 *0-5 <0-5 <as <0.6 <64 *04 <s <05 1 DOC HA-59 04T VMS V2 -4.5 <0.5 -03 <0.3 *04 -a -0.5 <05 <0.5 DDL KA-53 IMO M -0 5 <0 5 -0.5 <0.5 o.s <0.5 <03 <05 0 4 >01. ha-M OT V&tt 7 -0.5 *06 <05 -01 <0.5 *01 -04 <06 <0.3 DDL Hfo-tt 04" VMO 44 *0.3 a> 0.5 <0 5 -0.4 <04 <S <0.5 -0.4 CL HA.54 u it* VMM 43 <0.9 <05 <0 5 0.5 <0.4 -0.5 <a <05 -0.4 Nt HA-M o-r IM 7D *0.6 -04 <0.6 <0.4 -a <05' ' 3.90 06 -05 VM HA-M HA-S7 HA-J7 12-15" 04" 12-1*" m SMO 5MB 74 *04 *0. <06 <0.4 -04 <06 1.01 <06 -09 i. V -04 *0 <0 5 <06 <0 5 <04 -04 <0.5 *0.5 Doc 43 0.5 <0.5 <0 4 0.5 <01 <06 <0.5 -Oft 03 DOk HAM HA-S* HA-6* 04" 12-13" or 4/3430 V3A3Q V5C0 U -0.5 -0.4 <0.6 <0.4 *05 <0 5 <03 05 <0.6 an. to <0.4 as <0.5 <0.4 <05 <04 04 <0S <0.5 10. 49 -0.5 <0.4 <0.5 -Of *0.5 -01 0.71 <0.5 *0.5 0-71 HA-54 12-iF bMB AS <05 <CJ* 04 -0.6 *3.4 *05 <0.3 06 <0.5 DU HA-DO or WOO 41 -0.S <05 <04 Ofl 04 <05 <0 5 -0 6 06 DDL MA-60 uir SMO M <0.5 U.4 -06 <06 -0.6 <05 OS O.S <0.5 DOu HA01 PUP4 or wco woo 45 <0.5 <05 -as <05 *05 <0.5 .as <06 <QS MX M <0.5 <0.5 <0.5 <5.6 -04 <04 <05 <05 <0 3 wx HA-41 12 if a <0.4 <0,9 -C.4 <01 <0.4 <04 <06 <D6 <05 ADC HA-R or Moo M <04 < <0.3 <04 <0.4 <04 <0.6 <01 06 DC HA-R or UiOO 44 *0.4 -0.4 <0.5 -06 <04 as <0.3 5 05 BDL HA44 Or woo 44 <0.4 <06 as r <0.6 <04 <06 <05 -a* <0.4 DU HA-04 i2-ir woo 17 <0.5 <0.5 <0,3 <0.3 <0.5 <0.4 as -0 5 0 5 be HA-M or woo 7 -0.4 -Oi *0.5 0J -0.5 <06 <06 -09 <0.5 WL HA-45 13-16' woo 41 <0.6 <0.4 <0.5 <04 <0.5 -06 06 -O.i *06 DOC HA-04 or woo 60 <03 <0.4 *0.4 .0 8 <05 Oft <06 -o.ft <0.5 DDL HA44 12-15* woo M <09 <0.5 <05 <04 *04 *08 <03 <06 <0 5 DDL HA-47 or WDO 65 <04 <05 *0 5 05 *05 *0 3 <0.5 -0 6 <0.5 DDL HA-07 12-15" MOO M <4.5 <05 <0 4 *0.6 *0 5 -04 -05 *0 3 <5.4 DDL .1 i j Genesis Project* Inc. HARTOLDMONO014486 FILE No. 839 09-25 '01 21=31 ID PAGE 10 AMftlffi 0*aW HA-66 _ OT HA.M <>( HA46 OT HA*l' 13* TO" HA, 70 or DUP-7 H*.0 U-1F HA-71 HA* 71 o-r 13.W HA-73 HA-73 * n-ir HA-73 0-r HA-73 HA-74 iair O-O* HA-74 HA imp nsr HA-76 HA-7B DU*-6 IMF 0-F HA-70 HA-77 HA-77 1JIF iTa* u-ir HA-n HA-71 DO* ij-ir MA-T t>r HA-> 13*1F HA-00 HA-00 HArOI HA-01 HA-03 HA-67 HA *5 or u-ir o-r u-ir nr IMS' nr OATI M0 MOO MOO un Mtt WOO MOO SlOO 5000 MOO MOO WOO MOO IMO MOO MOO M0 MOB MOO M wao MOO MOO MAO MAS MAS MOD MAS MAS VMS VMS V4AJ0 Titfl 1. Anilyfell RfluHl ffif Soil tuples Collected For Plaintiff Property Sampling, Mty MOO, Ughtfoot, FrvnJrlln, and WhH. ULC Cry Wtlght Afetltf % 1016 , 92 67 *6 4 <09 Arociof 1331 *0.5 Arnclvr 1953 *0.6 <0 6 Arocior 1943 0.5 <0.1 Aftctor 1946 *0.6 *0 5 Sraelot 1994 <05 *0.1 Atodor 1360 Anwar 1363 ATAdot 1366 1 0.66 | <0.9 1 -OS : TOTAL Hcri OH <0 6 <04 -as ! BBS. 13 <0.9 -o.fi <05 <0 5 <03 <0.5 -Ofi <0.5 <0.1 MX. 79 -ei <06 <0.5 <0.3 <0.6 <0.1 -a* <0.5 09 BDL 7 0.l as -as <0.5 <06 -as -04 <0.6 <06 MX M 405 <0.5 a* <0.5 <01 0.1 o.si 0.66 <0.5 i M -0* -0,1 <0.5 <0.6 *0 6 <0.5 <0-5 *01 <0.| SK N i0 5 <os -a* <0.6 <0-6 <0.5 1.19 -0,5 -04 III M -0.5 <09 -as -415 <05 -as <0.5 -as <0.6 BIX M <0.6 <ai <0.5 -S3 <0.5 <05 <0.3 <01 <06 BDL M <15 <05 0.5 <05 <0.5 <05 ' <0.5 <0.5 <06 DL U <0.3 <05 -e.fi <05 <05 *05 <0.3 <0.6 -as BOL 67 0.3 OS <05 <05 <Q. <0.1 -04 <0.6 <0.5 BOL 67 <0.5 <as -as <0.6 as -0.5 <0 5 <0.3 <a.s SOL 66 *0-5 <0.6 *0.5 <0.5 <04 *0 6 <0.5 <0.6 0.6 BDL M <0 5 <0.5 <0.6 <0.5 <0.5 Oi <a <0.9 OS BOi M <01 <0.5 <05 <0.5 <0.6 <0.5 <0* -04 <0.5 BDL 7 0.5 -as <0 5 <0.5 <05 <0.5 -04 <0.6 <0.3 60. M <D.S <05 <0.5 <0.5 <0.6 -0* <03 <0.6 <0 3 BOL M <0S <0.5 <ac -04 <0.5 *06 <09 <0.5 <04 BOL M <0 0.5 <0.5 -0.3 <0.5 <04 <06 <0.5 <0.5 BDL M <0.5 <0.5 <0-9 <0.5 <0.5 <05 -a <05 -as BDL 64 O.S <03 <0.4 <as -os <0.6 <0.9 os <0.5 BOL M *04 <0.5 <0 5 <.5 <0.6 <0.6 <04 <0.6 <0.5 BDL 10 <0,5 <05 <0.6 <0.6 -OS <01 <04 <0.4 <0.5 BOL M -o.fi <05 <0.S <03 <0.5 <0 6 <06 -os 45 BDL 66 as <0.5 & <01 *0 5 <0.5 <0.3 <0 9 <0 3 BOL 66 <& 05 -04 <05 *06 <0.5 <0.6 *0.6 <04 BOL 66 <0.5 <0 3 41 <05 <06 <0.5 <0.6 *0.5 *06 BOL M *0.1 <0.5 <0.9 <03 -09 <0.5 -as 1 -as *0 6 BDL M <0.5 <0.6 as <0.5 <95 *0.5 <0.6 <05 *0 5 BOL 66 -0 5 <os -as <0.3 <0 5 -C4 03 -as *05 DDL M -0 5 <06 *a -as 04 -os *0 3 <o.s *0.3 BDL J_________ Genesis Project, Inc Soil HARTOLDMONO014487 FILE Wo. 839 09/25 '01 21=32 ID PAGE 11 i Tabl i. Analytical RaauH* tar Soil Saidpttf 99IHW0 for Plaintiff Property Sampling, May JOM, UohUoot, Franklin, and Whit*, LLC ' DATS sample to D*th 1 COLLECTED Cry wfn Aftrlsr 6 1011 ATCi*r 1231 mi Arlfrr 1343 Arocltt* 1>4| Vidor 1364 Af*cler I960 AsacJar 1966 A/ftsler 131* HAM4 _ _ 'liT- ' fra/OO M <01 -OS <03 -as *0.3 *0.9 <0 5 ' <0 5 *05 HA-64 o-r 1 vud 66 <06 -0.6 *0.6 <0 9 <0.3 *0 3 06 <0.5 <05 HA.M ia.ir MAO <0 5 -as *0.8 <06 <0.3 <04 *0.5 0.5 <05 HA-61 o-r MW M <0.3 <04 *0.6 -0.1 <0.5 *0.3 -OS <0.6 <0 6 HAM 13-ir MO 66 41 <0.5 <0.5 *0.3 <0.6 -05 <05 as -05 HA-96 o-r 1!*KC 66 o> *06 05 <0.3 -03 <as <0.6 <as <05 H445 li-ir tit/00 64 0.6 <0.6 ai <0.3 <0.9 <0 5 <05 *06 -OS HA-1 M* 6MOO M o,s *0.6 *0.3 <0.5 <0.5 <0.6 *0 6 -0.5 *06 HA-67 i*ir eo Bfl ML* *0.8 <0.5 MIS <04 <as <0 3 <a6 *06 NA-66 - BMfQO r ML* <03 <0-6 <05 <4 <05 <03 <05 <0.5 HA-66 a-ir *O0 66 MLS -0.6 *0.6 <0.9 *0.9 *03 *0 5 <05 <04 HA.08 o-r 51400 60 <0.5 *6.6 <0.5 -as <0.5 <05 <0 9 -o.fl <0 5 HA-60 HA-60 insor* 5M/C6 iwoo a* *0.5 <a.6 <as <0.6 <0.5 <0.5 -0.5 <0.6 <09 67 *0.9 *01 *0 5 <06 *05 *0.5 700 *0.3 <0.6 CUP-6 V6D0 66 *0 5 *a.i <04 -af -0 5 <05 1.15 <0.5 <a HA-VO ts-ir 460 M *0.6 <0-6 *0.6 -0.3 *0.6 <03 *0 3 <0.5 ai HA-61 or* 6/4X10 (17 *0.5 *0.5 <09 *0.5 *06 <06 -09 *03 -0 9 HA-61 i?-ir MCO 66 *0.5 <0.3 <0.5 <0.5 *0.5 <05 <0.5 -0.1 <0.3 HA-6J o-r VW VI <09 <05 *0.5 <05 -0.6 <0.1 -05 <03 <06 ha- n-ir VMS 66 *0.5 *as <0.5 -0.5 *0.6 <0.3 *0,1 <05 *0.3 HA-n 04 t/MQO W *0.6 <as <0.5 *as *06 <0.3 <09 0.5 <0 8 HA-63 lit*- 3/4/00 M -0.5 -0.S <0.3 <0.3 <03 *0 6 *0.6 *0.3 <03 HA-54 wr MO 67 *05 <5 <0.5 <Q.S <as <0.5 <0.5 -as <0.5 HA-64 i6tr VMM 66 *05 <04 <0.5 <0.5 <03 *0.3 -01 *0.6 <01 HA-66 or* MOO BO *09 <04 *0.5 *06 -0.6 *0.6 *0.8 *0.3 <09 ha-bS 12-ir S/4X30 n -05 *0 5 <5 <0 3 -0.6 <0.9 *06 M>6 -0.3 HA-06 HA-66 or16-16" 6460 ! __ n -as *0.3 -05 *0.3 *0.6 *0.6 <0.8 -0.5 <0.3 63 -04 *04 <0.5 *0.3 <0.5 <0.6 <0.5 *0.6 *03 * o-r 6WQO 64 *0.5 <05 <as <0.1 <0.5 <0.5 <05 *0.3 03 OUPlD MW 67 *0.5 <05 *05 *0 5 -0* -06 *0.5 03 <0.9 HA-07 u-ir MOO 66 *6.5 *0.5 -0.5 -0 5 05 <03 0 5 <0 3 <0.3 HA-06 HA.M o-r 13-15* MOO 63 *0.5 *0.5 *0.3 <0.3 <03 *0.5 `0 8 -0.5 0S 60 06 <0.5 <03 <0 5 <0.3 -0 5 <05 *03 <09 TOTAL PCB-S BOL MX BOL OL BOL BOL BOL BPL BOL BOL BOt BOW BOL 9.06 1.16 BOL BOL BDL BOL BOL BOL BOL BOL BOW BOL BOL BDL BDL BDL BOL BOL BOL BOL f******** Genesis Vro]ect. Inc tdB HARTOLDMON0014488 FILE No. 839 09^25 '01 21:33 ID PAGE 12 T*bl* 1. Analytical ftaaufta (Of Soil 3-mpltl Colltcted (Or Pialnttn Prootny sxnpilng. May mm, Lighttoct, FrandMn. and Whitt. Lie sami^cid HA-W HA-it Dwptt) <MT 1 nor OATS COLLECTED imam WOO ! OryWwtM | J%i An*to# toil 1 1 Aracto# IDI Afftcrar ! Artctor IWl I 1MJ *1 ! -0.3 1 <05 i -os ; i -as l 2 as *at -0.5 -0.5 Arector 1243 -0.5 -0.5 Arvclor 1234 *0.5 <05 HA-100 or t/u SB 0* <0.9 <0.5 <0.5 -05 -01 Arac|#t 1 Araettf 1210 j 134) --r-------- |;-----i*-l-*K-- -,l -0 5 | -as | Q5 Tot At pari DC <0.5 <0.5 *0.1 DDL -44 *05 <01 3DL HA-100 12-15* WOO U *01 *05 -0.6 ; <05 <05 0.1 -05 *05 o. BOL HA-101 0T MAX) B3 *0.1 <05 <05 <05 <0.5 -a* <0$ <0.5 TH HA-108 M MOO n <05 -M *08 <s -01 -01 -Q 5 *05 <D4 BDl HMOJ 0T 4/4*0 77 4.1 *0.1 -as <0.3 *as <0.5 <0 5 <as -0.1 BOL HA-104 Or VAOO |1 -0.1 <0.5 <0.5 <0-3 <as <at *0 5 *04 -05 BOL HA-IQt 04s AMMO IT <0.5 <0.1 <09 <oi 01 Oil -at -ai <ai bol HA.IOt o-r 7C0 at' o <0.5 *01 -Cl -Q.S -0.1 <01 <0.1 -01 ML HA-107 04- i <0.5 -as <0.3 -01 0,1 -at' -0.1 -01 *0.1 bol H^IOB 0T 4MA3Q 0 4LI <03 -05 -at -ni -0.1 ai -OS <0.1 bol HA.101 04- 574X10 M -0 5 <0.5 <0.5 -0.1 <0.5 01 1 43 *fti *0 5 1.43 HA-ltO 0-4* WU) H *01 *0.5 <0.5 *05 <0.5 -as 4.10 <03 *0 8 4.1C KA.111 0T 5/A00 M <0.5 <05 *0 4 -o* Q.fi <0.5 o.i <0.8 *0.1 BftL OUP-11 O'aqq M <0 8 -0 8 *0.5 *a3 01 <0 5 -0.5 *0.1 -b.l BOl HA-ll) 0T &4XS 17 <0.5 -0 5 *0.1 <0.1 <0.5 47,1 31.3 <0-4 o,i 7EJ HA-113 or Moo aa *0.5 <0.5 -0.1 <0,5 <0.5 <a.s -0.5 *0.6 -as hot ma_iij o-r 6*00 41 0.1 -0,1 as <0.5 -0.5 -0.1 *0.5 -0.5 <0.5 ftOC HA-113 iair &AOQ M <0.5 <0 5 -0.5 <09 *0.3 <oi <0B <0 5 <0.5 BOC HA-114 or woo 0 <05 -04 -ft 5 *C5 <0.5 <0.1 <ft4 <0.5 -0.5 BOL ha-u ia-is* MOO GO -0.1 0.1 <0.3 <0 5 <ai -aj 04 -0.4 -0 6 BOL HA-11* or MMQ n <a5 -as <0.5 -C.S -M <0.4 <as -a* -0.6 BOL PUP-13 woo ti <05 -0J <0.9 -0.4 -C4 <OlS 04 -01 <0.3 BOL HA-11S 12*15* woo K <03 <0 5 <0.5 -0.3 -as <0 5 -as -0.5 <0 5 PPL EH V2/00 M <05 -01 <0-5 <05 -0.5 -0.4 <0.5 *0.5 <0.6 BOL E*1 V2fl0 44 <0.5 <0.5 *0 5 <0.0 <0.5 <0.5 <0.5 <09 -0.6 DDL EO-3 VUtt N <o.s -0.9 <o.S -O.b -os <0.4 <0.5 <0-5 *0 4 30L EB-4 woo w <03 -as <05 -fi.ft <0-5 <05 <0.5 <05 *0.6 BOL EB-1 woo M *0.1 <0-5 <05 -01 Of -0.1 -05 <0.5 DDL EB- WOO B8 -m <0.5 *05 *0.4 <0-5 <0.5 <0.3 *01 *0.5 BDL E0-7 snn BO <CJ -OS *0 5 *0& *0.5 <0 3 -0 5 *Qh *0 5 bol "eei i .-- WOO M -0 3 i _____________ L ,, .... <0.5 *0 <0 5 *0-5 -05 *05 *05 as POL Genesis Project, Inc 7 of a HARTOLDMONO014489 FILE No. 839 09/25 '01 21:33 ID PAGE 13 u,nii) MMt E6-B El-10 Ei-11 ea-12 Tabl* 1. AiWytktJ Ruulb for tad Samploa Colad*4 fcr hiJnUff Prt "" V *npflf>g, May 2COO. Ugktfaoi franitlln. W4JU. lie OATV DOWtlgW VKtor COLLECTWO ______% 1016 Am tor 1331 Arector im Amlw 1341 Arotof 13*0 Amdio 1304 Aroelor 13M Arector Aroctot 13(1 11M 4/AO0 M <a <09 -0 3 40.1 <05 <05 <0.5 <G5 SHJOQ M -o. -a *01 <0.6 <a <05 <04 -0.1 uw 64 <0.5 <0.1 <ai <as <05 <0.6 <0.1 <04 &M0 6 <a <1 <0.5 <a <05 -0.5 -0.1 <01 <0.5 TOTAL * 00L m. OOL ML pw#I 1+** rM Genesis Project, Inc, HARTOLDMONO014490