Document XzeBaGaaeRvRD99mpzKrRRkgd

1 1 In the United States District Court 2 For the Northern District of Alabama 3 Eastern Division 4 5 Solutia, Inc., and 6 Pharmacia Corp., 7 8 Plaintiffs, 9 10 vs. Case No. CV-03-PWG-1345-E 11 12 McWane, Inc., et al. , 13 14 Defendants. 15 16 17 Video Taped Deposition of 18 Michael A. Pierle 19 On behalf of Defendants 20 September 1, 2009 21 22 Gore & Perry Reporting Co. 23 515 Olive St., Suite 700 24 St. Louis, Missouri 63101 25 314-241-6750 Pierle, Michael (Former Solutia/Monsanto Employee) WATER PCB-SD0000053492 2 1 In the United States District Court 2 For the Northern District of Alabama 3 Eastern Division 4 5 Solutia, Inc., and 6 Pharmacia Corp., 7 8 Plaintiffs, 9 10 vs. Case No. CV-03-PWG-1345-E 11 12 McWane, Inc., et al. , 13 14 Defendants. 15 16 17 Video Taped Deposition of Michael A. 18 Pierle, taken on behalf of the Defendants, starting at 19 9:03 a.m. and ending at 12:56 p.m., at the offices of 20 Husch Blackwell Sanders, 190 Carondelet Plaza, 21 Clayton, Missouri, on September 1, 2009, before Faith 22 A. Olliges, Missouri C.C.R. No. 807, Illinois C.C.R. 23 No. 084-003344, Registered Diplomate Reporter and 24 Certified Realtime Reporter. Pierle, Michael (Former Solutia/Monsanto Employee) WATER PCB-SD0000053493 3 1 APPEARANCES OF COUNSEL: 2 3 For the Plaintiffs: 4 Mr. Joseph Nassif 5 Husch Blackwell Sanders, LLP 6 190 Carondelet Plaza, Sixth Floor 7 Clayton, Missouri 63105 8 (314) 480-1500 9 10 For Defendant Southern Tool: 11 Ms. Allison E. McAdam 12 Hunsucker Goodstein & Nelson, PC 13 3717 Mt. Diablo Blvd., Suite 200 14 Lafayette, California 94549 15 (925) 284-0840 16 17 For Defendant MeadWestvaco Corporation: 18 Ms. Wendlene M. Lavey 19 Squire, Sanders & Dempsey, L.L.P. 20 4900 Key Tower 21 127 Public Square 22 Cleveland, Ohio 44114-1304 23 216-479-8500 24 Pierle, Michael (Former Solutia/Monsanto Employee) WATER PCB-SD0000053494 4 1 For Defendant Phelps Dodge Industries, Inc. 2 (by telephone): 3 Mr. James Wilson 4 Leitman, Siegal, Payne & Campbell, 5 400 Land Title Building 6 600 North 20th St. 7 Birmingham, Alabama 35203 8 (205) 251-5900 9 10 For Defendant Scientific Atlanta: 11 Ms. Lynette Eaddy Smith 12 Troutman Sanders, LLP 13 Bank of America Plaza 14 Suite 5200 15 600 Peachtree Street, N.E. 16 Atlanta, Georgia 30308-2216 17 (404) 885-3489 18 19 20 21 22 23 24 Pierle, Michael (Former Solutia/Monsanto Employee) WATER PCB-SD0000053495 5 1 For Defendant Huron Valley Steel (by 2 telephone): 3 Mr. Josh Thompson 4 Scott, Dukes & Geisler 5 2100 Third Avenue North, Suite 700 6 Birmingham, Alabama 35203 7 (205) 251-2300 8 9 For Defendants McWane, BAE Systems Land and 10 Armaments, LP and FMC Corporation (by 11 telephone): 12 Mr. Christopher Williams 13 Maynard, Cooper & Gale, PC 14 1901 Sixth Avenue North 15 2400 AmSouth/Harbert Plaza 16 Birmingham, Alabama 35202 17 (205) 254-1000 18 19 For Defendant U.S. Pipe & Foundry (by 20 telephone): 21 Ms. Julie Lemmer 22 Alston & Bird, LLP 23 1201 West Peachtree Street 24 Atlanta, Georgia 30309 25 (404) 881-7000 Pierle, Michael (Former Solutia/Monsanto Employee) WATER PCB-SD0000053496 6 1 For Defendant DII Industries, L.L.C. (by 2 telephone): 3 Mr. Michael Heister 4 Baker Botts 5 1299 Pennsylvania Avenue NW 6 Washington D.C. 20004 7 (202) 639-1140 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Pierle, Michael (Former Solutia/Monsanto Employee) WATER PCB-SD0000053497 7 INDEX PAGE 3 Examination by Ms. Lavey 1 4 5 DEFENDANT'S EXHIBIT INDEX 6 Pierle Exhibit 1 45 7 Pierle Exhibit 2 51 8 Pierle Exhibit 3 64 9 Pierle Exhibit 4 69 10 Pierle Exhibit 5 77 11 Pierle Exhibit 6 85 12 Pierle Exhibit 7 97 13 Pierle Exhibit 8 100 14 Pierle Exhibit 9 108 15 Pierle Exhibit 10 108 16 Pierle Exhibit 11 111 17 Pierle Exhibit 12 116 18 Pierle Exhibit 13 136 19 Pierle Exhibit 14 136 20 Pierle Exhibit 15 141 21 Pierle Exhibit 16 142 22 Pierle Exhibit 17 143 23 24 25 Pierle, Michael (Former Solutia/Monsanto Employee; WATER PCB-SD0000053498 8 1 MR. PERRY: We're on the record at 9:03. 2 Today is September 1st of the year 2009, and we are at 3 Husch Blackwell Sanders at 190 Carondelet Plaza Drive 4 in St. Louis, Missouri, here this morning for the 5 deposition of Michael Pierle to be taken in the cause 6 of Solutia, Inc., and Pharmacia Corporation versus 7 McWane, Inc., et al, Case Number CV-03-PWG-1345-E in 8 the United States District Court for the North - 9 Northern District of Alabama, Eastern Division. 10 My name is Tim Perry, Certified Legal 11 Video Specialist, here today with our Certified Court 12 Reporter, Faith Olliges. We're with Gore Perry 13 Reporting & Video, today representing Freedom Court 14 Reporting, and I'd ask counsel now to please identify 15 yourselves for the record beginning with those present 16 in the room. 17 MS. LAVEY: This is Wendy Lavey with 18 Squire Sanders and Dempsey representing defendant 19 MeadWestvaco Corporation. 20 MS. McADAM: This is Allison McAdam from 21 Hunsucker Goodstein & Nelson for defendant Southern 22 Tool. 23 MS. SMITH: Lynette Smith with Troutman 24 Sanders for Scientific Atlanta. 25 MR. NASSIF: Joseph Nassif representing Pierle, Michael (Former Solutia/Monsanto Employee) WATER PCB-SD0000053499 9 1 the plaintiffs. I'm with Husch Blackwell Sanders. 2 MR. PERRY: And by telephone, please. 3 MS. LEMMER: This is Julie Lemmer with 4 Alston & Bird representing U.S. Pipe and Foundry. 5 MR. WILLIAMS: This is Chris Williams with 6 Maynard, Cooper and Gale representing McWane and BAE. 7 MR. WILSON: And good morning. This is 8 Jim Wilson with Leitman, Siegel, Payne & Campbell 9 representing Phelps Dodge Industries. 10 MR. THOMPSON: This is Josh Thompson with 11 Scott, Dukes and Geisler for Huron Valley Steel. 12 MR. HEISTER: This is Michael Heister with 13 Baker Botts on behalf of DII Industries. 14 MR. PERRY: Thank you. Please swear in 15 the witness. 16 (Reporter swore in witness.) 17 MS. LAVEY: And, Joe, we usually -- we 18 have usual stipulations with the addition that if 19 anybody were to object to my questions, which I'm sure 20 is unlikely, one objection is good for all defendants. 21 MR. NASSIF: Okay. 22 MS. LAVEY: Before we get started, 23 somebody on the phone needs to put their phone on 24 mute. Thank you. 25 Pierle, Michael (Former Solutia/Monsanto Employee) WATER PCB-SD0000053500 10 1 Michael A. Pierle, 2 of lawful age, having been first duly sworn to testify 3 the truth, the whole truth, and nothing but the truth 4 in the case aforesaid, deposes and says in reply to 5 oral interrogatories propounded as follows, to-wit: 6 EXAMINATION 7 QUESTIONS BY MS. LAVEY: 8 Q. Mr. Pierle, again, my name is Wendy Lavey, 9 and I represent MeadWestvaco Corporation, which is one 10 of the defendants in this lawsuit, here today to ask 11 you some questions regarding the Solutia litigation. 12 Could you state your full name for the record, please? 13 A. Michael Anthony Pierle. 14 Q. And when were you born, Mr. Pierle? 15 A. October 24th, 1943. 16 Q. Same date as my daughter. Not the same year, 17 the same date. What is your current address? 18 A. 770 Gulf Shore Drive, Unit 701, Destin, 19 Florida. 20 Q. And you've previously testified in this 21 litigation; have you not? 22 A. Yes. 23 Q. You recall being a corporate representative 24 back in April of 2005 on certain topics? 25 A. Yes. Pierle, Michael (Former Solutia/Monsanto Employee) WATER PCB-SD0000053501 11 1 Q. And you understand that today you are here in 2 your individual capacity and not as the designated 3 corporate representative? 4 A. Yes. 5 Q. Okay. You were represented at that time by 6 the Husch firm. Are you represented by counsel here 7 today? 8 A. Yes. 9 Q. And who is that? 10 A. Mr. Nassif. 11 Q. Okay. Have you been deposed in any 12 litigation since the corporate representative 13 deposition in April of 2005? 14 A. I believe once. 15 Q. And what type of matter was that? 16 A. That dealt with some matters surrounding the 17 Solutia bankruptcy proceedings. 18 Q. Were you testifying in court, or was it a 19 deposition? 20 A. No, it was a deposition. 21 Q. Do you recall generally the reason you were 22 being deposed in that case? 23 A. I think, in general, it just had to do with 24 my environmental responsibilities, mainly around 25 cleanup activities and cost and accounting questions. Pierle, Michael (Former Solutia/Monsanto Employee) WATER PCB-SD0000053502 12 1 Q. Were you being deposed with regard to putting 2 a value on the liabilities that were facing - 3 environmental liabilities that were facing Solutia at 4 the time? 5 A. I don't recall the specifics on that. 6 Q. Okay. Do you recall approximately when that 7 deposition took place? 8 A. It seems to me it was probably at least a 9 couple years ago. 10 Q. Okay. Since you have been deposed in this 11 litigation, we won't have to rehash everything that 12 you've already testified to, particularly in terms of 13 your background, although I'll do a little bit of that 14 just to give us some context and to make sure we've 15 updated your information since 2005. I do still want 16 to run through general instructions for you. 17 Although you're in a casual setting, as 18 you know, you are under oath sworn to tell the whole 19 truth. I'd ask that you speak clearly so that the 20 court reporter can take down what you say, and I will 21 do my best not to speak over your answers and ask that 22 you wait for me to finish my questions before you give 23 your answer again to help the court reporter so that 24 we have a clean record. Okay? 25 A. Yes. Pierle, Michael (Former Solutia/Monsanto Employee) WATER PCB-SD0000053503 13 1 Q. I would ask that you make sure your answers 2 are audible, avoiding head shakes or head nods or 3 uh-huhs and uh-uhs which can't be taken down very well 4 by the court reporter. All right? 5 A. Yes. 6 Q. If you don't understand any question that I 7 ask, please don't hesitate to tell me that it was a 8 bad question, try again, and I'll be happy to rephrase 9 the question or give you some clarification. All 10 right? 11 A. Yes. 12 Q. I don't think we're going to go -- we're 13 certainly not going to go all day today, but if you at 14 any point want to have a break, just let any of us 15 know, and we'll otherwise be probably taking a break 16 certainly at the tape change at an hour and 20, maybe 17 a little earlier than that. But if you need a break 18 at any point, just -- just holler. All right? 19 A. Yes. 20 Q. In looking at your prior testimony, I 21 understand that you began with Monsanto in February of 22 1966 and retired as Solutia's Vice President, 23 Environment, Health and Safety, in July of 1999; is 24 that right? 25 A. I think it was January. Pierle, Michael (Former Solutia/Monsanto Employee) WATER PCB-SD0000053504 14 1 Q. The retirement? 2 A. The retirement. 3 Q. January of 1999? 4 A. Correct. 5 Q. And following your retirement, did you 6 continue to work in a consulting role for Solutia for 7 some period of time? 8 A. Yes, I did. For about two years. 9 Q. And was that consulting work done with some 10 type of a retainer? 11 A. Yes. 12 Q. Okay. And what was your retainer? 13 A. I believe at that time it was an annual 14 retainer of $50,000 a year, and then it was for hours 15 worked over a certain number of hours there was also 16 an hourly rate, and I -- I don't remember what either 17 of those two numbers were. 18 Q. Do you recall if you ended up working in 19 either one of those couple of years over your 20 hourly -- your threshold before you reached that 21 hourly pay? 22 A. It seems to me I did. I mean, not a lot, but 23 I do recall on submitting periodic invoices at times 24 it would go over the -- or it went over that level, 25 yes. Pierle, Michael (Former Solutia/Monsanto Employee) WATER PCB-SD0000053505 15 1 Q. And what generally were you doing in terms of 2 your consulting services for Solutia following your 3 retirement in that two-year period? 4 A. I would say I was primarily held on doing 5 some support work for the CEO in industry trade groups 6 and some of the technical organizations that we were 7 also members of at that time that dealt with 8 environmental related matters. 9 Q. Do you recall any of the specific trade 10 associations? 11 A. It was primarily with the -- I think at the 12 time it was Chemical Manufacturers. They've 13 subsequently I think changed their name, and then the 14 technical committees were principally at the 15 organization that was called CIIT. It was a 16 toxicology institute that was independently run but 17 financed by the members of the chemical industry. 18 Q. And who were you reporting to at Solutia 19 during that couple year period? 20 A. That's a good question. I'm not even sure 21 that I was reporting. I mean, my principal dealings, 22 though, were with at the time the chairman and CEO, 23 Bob Potter, on those matters. 24 Q. Were any employees of Solutia reporting to 25 you while you were serving as a consultant for those Pierle, Michael (Former Solutia/Monsanto Employee) WATER PCB-SD0000053506 16 1 couple of years? 2 A. No. 3 Q. And after the couple of years that we were 4 talking about, did you continue to provide any type of 5 consulting services to Solutia or any of the law firms 6 representing Solutia? 7 A. I think for a period of time I did not, and 8 then at some point in time I was put on retainer by 9 Husch Eppenberger. 10 Q. Was that in connection with providing 11 consulting services in connection with litigation? 12 A. Yes. Principally. 13 Q. And how are you compensated for that work? 14 A. That was on a monthly retainer. 15 Q. Did that include for the provision of 16 deposition testimony in various cases? 17 A. Yes. 18 Q. Did you -- What other -- Any other type of 19 consulting services you were providing to Husch during 20 that period of time? 21 A. No. 22 Q. As of the deposition in 2005 in this lawsuit, 23 at that time you were on a monthly retainer with Husch 24 at $5,000 a month. Is that still a relationship you 25 have with Husch today? Pierle, Michael (Former Solutia/Monsanto Employee) WATER PCB-SD0000053507 17 1 A. I think it's 4,000. It's not with Husch; 2 it's direct with Monsanto. 3 Q. And it's with Monsanto, not Solutia? 4 A. That's correct. 5 Q. And when did the $4,000 a month retainer 6 begin with Monsanto? 7 A. I don't -- I don't recall when the transition 8 was made. 9 Q. Was there ever a point when you weren't under 10 retainer with either Husch or Monsanto? 11 A. I think I indicated initially after my 12 two-year with Solutia there was a period of time that 13 I was not, but for the past few years I've been on a 14 retainer with one of the -- one of the two. 15 Q. Okay. Yeah. And that's what I meant to ask 16 you. I didn't phrase it very well. I was thinking 17 since the 2005 deposition in this lawsuit when you 18 were at a $5,000 a month retainer, from that point 19 forward you've been under a monthly retainer for 20 either Husch and now -- and then at some point 21 Monsanto? 22 A. Yes. 23 Q. What type of services are you providing for 24 Monsanto under that retainer? 25 A. It -- It basically is to respond at request, Pierle, Michael (Former Solutia/Monsanto Employee) WATER PCB-SD0000053508 18 1 and it's principally around deposition, when I'm 2 called for deposition work. 3 Q. So if you are providing deposition testimony, 4 you still receive the flat $4,000 a month; is that 5 correct? 6 A. Yes. 7 Q. If you have five depositions in a given 8 month, is it still the 4,000? 9 A. I haven't had that many, so I don't know. 10 Q. If you have a month of no depositions, it's 11 still going to be the 4,000? 12 A. Yes. 13 Q. Okay. And in terms of that retainer 14 relationship, is there a time frame that that is in 15 place or is it just on a sort of month to month, 16 going-forward basis? 17 A. It's month to month. I think there are 18 cancellation provisions on both sides, myself as well 19 as them. 20 Q. Okay. Are you doing -- Are you employed or 21 doing any consulting for anyone other than your 22 retainer with Monsanto at this time? 23 A. No. 24 Q. Now, we talked several years ago, not me 25 personally, but in your prior deposition regarding Pierle, Michael (Former Solutia/Monsanto Employee) WATER PCB-SD0000053509 19 1 your education. Just so that we have the context here 2 today, let me make sure that my -- my understanding is 3 correct. You have a B.S. in civil engineering from 4 Purdue that you received in January of 1966; is that 5 right? 6 A. Yes. 7 Q. Did you have any special fields of study or 8 focus of study within that civil engineering degree 9 from Purdue? 10 A. I would say mainly in environmental 11 engineering, or I think at the time they probably 12 called it sanitary engineering. 13 Q. Does that mean that the focus was on 14 wastewater systems and water treatment aspects of 15 engineering? 16 A. It -- It would have included that, but at 17 that stage, it's all fairly general. 18 Q. Did you have courses of study at Purdue 19 relating to air emissions? 20 A. No. 21 Q. Did you have any courses in -- relating to 22 soil or groundwater contamination while you were at 23 Purdue? 24 A. No. 25 Q. And then I understand you began at Monsanto Pierle, Michael (Former Solutia/Monsanto Employee) WATER PCB-SD0000053510 20 1 upon graduation from Purdue, correct, in - 2 A. That's correct. 3 Q. -- the following month; right? 4 A. Yes. 5 Q. Approximately. Okay. While employed at 6 Monsanto, you received your Master's in engineering 7 from Washington University; correct? 8 A. That's correct. 9 Q. And that was in 1971? 10 A. I believe that's correct. 11 Q. Were there any special fields of study within 12 your Master's degree? 13 A. That was in their environmental engineering 14 program. 15 Q. Okay. And within the environmental 16 engineering program, are there any particular aspects 17 of environmental engineering that you had focused on? 18 A. No. That, again, is -- was 30 credit hours. 19 It was fairly diverse. 20 Q. It would have included water courses? 21 A. Yes. 22 Q. Did you have air permitting courses or air 23 regulation courses? 24 A. I had one course around air. I actually had 25 to take two courses at Drexel to finish up my degree, Pierle, Michael (Former Solutia/Monsanto Employee) WATER PCB-SD0000053511 21 1 and one of those had to do with general air emissions. 2 Q. And what type of water engineering courses 3 did you have while you were taking your Master's? 4 A. I think that included both drinking water 5 treatment, water chemistry, wastewater treatment. 6 These were mainly theory courses. They were not -- it 7 was not lab work or practice work. It was mainly 8 book, book work. 9 Q. So you didn't have course work in analytical 10 methods? 11 A. During some of those courses on the water and 12 the chemistry, there was -- there was a general book 13 of general methodology for -- that pertained to 14 wastewater, so I was exposed to that. 15 Q. Was that the SW-846? 16 A. I. . . 17 Q. Just wanted to see if I was thinking of -- 18 A. I don't think so. 19 Q. -- the same thing you were? 20 A. It was standard methods book, but beyond 21 that, I'd have to go home and get it. 22 Q. That's all right. You don't have to do that. 23 I also understood from your prior testimony that you 24 had taken two executive management courses while you 25 were employed at Monsanto, one at the University of Pierle, Michael (Former Solutia/Monsanto Employee) WATER PCB-SD0000053512 22 1 Texas and one at Stanford; correct? 2 A. That's correct. 3 Q. Okay. Were there -- Did you have any other 4 formal training or education that we haven't talked 5 about? 6 A. No. 7 Q. Did -- Do you -- Did you or do you hold any 8 professional licenses, certifications, anything of 9 that nature? 10 A. No. 11 Q. Were you ever a Registered Professional 12 Engineer? 13 A. Yes. 14 Q. Okay. By what state? 15 A. New Jersey. 16 Q. Do you recall when you became a certified 17 P.E. ? 18 A. I can only bracket it during the time I was 19 in New Jersey. It was sometime between '71 and 74. 20 Q. Was there a particular -- Is there a 21 particular area when you're a certified P.E. that you 22 have a specialty in? I'm not sure how that 23 certification process works. 24 A. Yes. I mean, you -- you select what area 25 that you're going to test in, and I selected in civil Pierle, Michael (Former Solutia/Monsanto Employee) WATER PCB-SD0000053513 23 1 and basically civil and environmental. 2 Q. And for how long did you retain your status 3 then as Certified Professional Engineer? Just that 4 '71 - '74 time frame? 5 A. No. I retained it after that, but I don't 6 recall how long. 7 Q. Did the Certified P.E. require that you 8 engage in continuing education in order to sustain 9 that certification? 10 A. No. 11 Q. Mr. Pierle, did you do anything today to 12 prepare for your deposition? 13 A. We, Joe and I, talked briefly about matters 14 this morning. 15 Q. And I don't want to know anything about your 16 conversation that you had with Joe, but did you do 17 anything other than your brief conversation with Joe 18 in preparation for today? 19 A. We spent some time yesterday as well. 20 Q. About how long did you spend yesterday? 21 A. I think it was about three hours. That 22 included a lot of personal catchup, chitchat about 23 people we know. 24 Q. I don't need to know about that either. 25 Again, without getting into conversations you may have Pierle, Michael (Former Solutia/Monsanto Employee) WATER PCB-SD0000053514 24 1 had with Mr. Nassif, did you review any particular 2 documents in connection with today's deposition? 3 A. There were some pieces of paper that we 4 looked at as reminders. More than a handful. I 5 don't -- you know, I don't recall the specifics on 6 those right now. 7 Q. Do you recall generally what those documents 8 related to? 9 A. Well, I would say this case, but, I mean, 10 just different -- different matters relative to 11 Anniston, and some relative to my -- my -- the prior 12 deposition that -13 Q. Did you - 14 A. -- we did in this case. 15 Q. Did you review your transcript from your 16 prior deposition? 17 A. I did not. Joe had it, and there were a 18 couple of areas that we looked at, but I did not 19 reread that deposition. 20 Q. Did you reread any of your other deposition 21 testimony from other lawsuits? 22 A. No. 23 Q. Did any of the documents that you reviewed 24 yesterday specifically lead you to recollect the facts 25 surrounding the Anniston facility? Pierle, Michael (Former Solutia/Monsanto Employee) WATER PCB-SD0000053515 25 1 A. I really don't know how to answer that. 2 Q. Okay. Nothing jumps out at you as a document 3 that -- that really stood out coming out of 4 yesterday's meeting that causes you to recall the 5 Anniston environmental remediation activities? 6 A. No. Not -- not over what I generally 7 recollect. 8 MS. LAVEY: Joe, can you represent that 9 any document he was shown is something that's been 10 produced to us in this lawsuit? 11 MR. NASSIF: Yeah. 12 MS. LAVEY: Okay. 13 MR. NASSIF: I think they're exhibits, at 14 least to the extent that I know, I think they are 15 exhibits already in the case. 16 Q. (By Ms. Lavey) Mr. Pierle, do you keep any 17 personal files of documents relating to your 18 employment with Monsanto and Solutia at your home? 19 A. I keep my -- my contract, now with Monsanto, 20 and I think the only other documents I have are some 21 of the prior depositions where I've been required to 22 review and sign off. I tend to keep those. 23 Q. You don't have anything like personal diaries 24 of appointments and notes from meetings, et cetera? 25 A. No. Pierle, Michael (Former Solutia/Monsanto Employee) WATER PCB-SD0000053516 26 1 Q. Other than your conversations with 2 Mr. Nassif, did you discuss this lawsuit or your 3 testimony today with anyone else prior to coming here 4 today? 5 A. No. 6 Q. Mr. Pierle, what is your understanding of 7 what this lawsuit is all about? If you have an 8 understanding. 9 A. I think in -- in real general terms, it's 10 about some costs or cost recovery from, as I remember 11 the terminology, potentially, you know, other parties, 12 PRPs I think was the term that was used, that Solutia 13 was pursuing relative to cleanup projects in and 14 around the Anniston Plant. 15 Q. So you have a general understanding that 16 Solutia and Pharmacia are suing other entities; 17 correct? 18 A. Yes. 19 Q. Do you have a general understanding of who 20 those other entities are? 21 A. Not until you all said who you were 22 representing today. 23 Q. Fair enough. Aside from the corporate 24 representative -- representative deposition that you 25 provided in this lawsuit, you have been deposed a Pierle, Michael (Former Solutia/Monsanto Employee) WATER PCB-SD0000053517 27 1 number of times in other litigation relating to the 2 Anniston facility; correct? 3 A. Yes. 4 Q. And I'm aware of three lawsuits, PCB 5 litigation against Solutia or Monsanto that you've 6 deposed in. Mars Hill, Dyre, and Tolbert. Do you have 7 a general recollection of providing deposition 8 testimony in those cases? 9 A. We did, you know, briefly -- Joe asked me how 10 many times have you been deposed, and I said five - 11 more than five, but probably less than 10, and I don't 12 remember the specific names, but I do remember the 13 Dyre. We did look at that. Now that you mentioned 14 Tolbert, I remember that, the third one was -15 Q. Mars Hill? 16 A. Yes. Yes. I remember -- I now remember 17 that -18 Q. Okay. 19 A. -- subject. 20 Q. Other than Dyre and Mars Hill, which were 21 both in '98, Tolbert, that was in 2003, do you have 22 any recollection of being deposed in any other lawsuit 23 brought by plaintiffs relating to -- against Solutia 24 or Monsanto relating to PCB litigation? 25 A. Not without trying to go back and look at Pierle, Michael (Former Solutia/Monsanto Employee) WATER PCB-SD0000053518 28 1 documents. 2 Q. I'm not trying to trick you. It's not that 3 I'm sitting on a transcript I'm about to wave in front 4 of you or anything. 5 A. Sure. Yeah. 6 Q. Do you recall what the Dyre case is about, 7 was about? 8 A. You know, in general, I just recall they 9 all -- they seemed to me they all dealt with primarily 10 PCB contamination around the site, and in most of the 11 cases I recall it dealt with residents, both cleanup 12 and also I think also other damages. I don't remember 13 the specifics of the Tolbert or the Mars Hill or the 14 Dyre as to who was where and what -15 Q. Do you have - 16 A. -- the particulars of those were. 17 Q. Do you have any awareness of how those three 18 lawsuits were ultimately resolved, whether through 19 trial or settlement? 20 A. Not really. I know that some of them were, 21 and I know there was a big settlement somewhere along 22 the line, but I don't attach any specifics to any of 23 the three. 24 Q. You don't have a specific -- You don't have 25 specific knowledge regarding a class action settlement Pierle, Michael (Former Solutia/Monsanto Employee) WATER PCB-SD0000053519 29 1 in the Dyre litigation that included the establishment 2 of a $21 million remediation fund. Is that - 3 A. I recall that that was done by reading it in 4 the newspaper, but I was not privy to the settlement 5 and the details and how that was done or who did it, 6 but I did -- I do recall the one that sort of 7 precursed, I guess, the -- the... 8 Q. Big one? 9 A. Yeah. The Solutia bankruptcy that -- that 10 were -- that some of that had an effect on that. 11 Q. And as a matter of timing, that would be the 12 Tolbert and Abernathy cases, wouldn't it, that you're 13 just referring to now? You don't recall? 14 A. I don't recall. 15 Q. Do you have any specific recollection or even 16 general recollection of a remediation fund established 17 under the Dyre case back in more of the '98/'99 time 18 frame, so well before the bankruptcy, from which 19 funding was to be provided on offsite remediation 20 activities ? 21 A. I don't recall that. 22 Q. Do you have any understanding as you sit here 23 today who within Solutia would have had a job 24 responsibility that caused them to have some 25 involvement in that remediation fund? Pierle, Michael (Former Solutia/Monsanto Employee) WATER PCB-SD0000053520 30 1 A. Not -- Not really. I mean, I'm puzzled a 2 little bit here by the time frame because '98 and '99 3 I would have -- since I was still there, I would have 4 thought I would have been part of that, so I'm a 5 little quizzical about the timing. I thought that all 6 happened after I had left. 7 Q. And I could be -- Your deposition was in 8 1998. I don't - 9 A. Yeah. 10 Q. I don't know when the settlement was. 11 A. Right. Okay. 12 Q. It could have been a couple years later - 13 A. Yeah. 14 Q. -- and you might have been gone. 15 A. Right. 16 Q. So you don't recall anything specific about 17 that -18 A. No. 19 Q. -- type of fund. Okay. Now, in addition to 20 the what I'll call toxic tort litigation that we just 21 discussed, you also testified multiple times in the 22 Aetna Insurance coverage litigation; correct? 23 A. Yes. 24 Q. So when you said you had more than five, less 25 than 10, and I only identified three, is there any Pierle, Michael (Former Solutia/Monsanto Employee) WATER PCB-SD0000053521 31 1 other cases you recall other than insurance, the 2 insurance litigation, that you may have testified in? 3 A. There were a couple of issues, but they were 4 well before any of this. One dealt with I think an 5 environmental group suit against our plant up in New 6 Jersey. That was -- I think that suit was back in the 7 '70s, I believe, and then I was involved with a suit 8 relative to the Krummrich Plant back in -- I'm 9 thinking that was in the '70s as well. 10 Q. Do you recall what the Krummrich Plant 11 litigation related to? 12 A. That was the Belleville case. I don't recall 13 the citation on it. I think it was the Sturgeon 14 maybe, the Sturgeon case, Sturgeon, Missouri. I think 15 it was a railcar case. 16 Q. Had there been a release of material from a 17 railcar? Is that what that litigation was? 18 A. Yes. I believe so. Relative -- That had 19 originated, I think, at the Krummrich Plant. 20 Q. And you mentioned also some lawsuit relating 21 to a facility in New Jersey. Was that relating to the 22 Kearney plant or a different New Jersey facility? 23 A. It was the Delaware River Plant. 24 Q. And do you recall generally what that lawsuit 25 was about? Pierle, Michael (Former Solutia/Monsanto Employee) WATER PCB-SD0000053522 32 A. I think that was a -- It basically dealt with penalties under the Clean Water Act or for alleged violations, permit -- water discharge permit violations. Q. And at that time, what was your -- what roles and responsibilities did you have for the Delaware River Plant? A At the time of the lawsuit? Q Well, let's start with that. At the time of the lawsuit, did you have any roles and responsibilities? A. I believe I was in an environmental manager's role in St. Louis, and that was one of the plants that I had some responsibilities for. Q You had not physically been located at that plant earlier? A Yes, I had been. Q You had. Okay. When you were an environmental engineer? A Yes . Q Okay. And that was when you had your -- the P.E. , the professional engineering that we talked about from '71 to '74? A That's correct. Q Is that the correct time frame? Now, in the Pierle, Michael (Former Solutia/Monsanto Employee WATER PCB-SD0000053523 33 1 multiple depositions that you suffered through in the 2 insurance coverage litigation, four or five days' 3 worth, I noticed that one of those it appeared you had 4 either had already provided or were going to be 5 provided -- providing an expert report. Do you recall 6 that in connection with the insurance litigation? 7 A. No, I don't. 8 Q. You don't recall being tasked to develop 9 expert opinions relating to Monsanto's compliance 10 performance and level of remedial activities and that 11 sort of thing? 12 A. As a result of that litigation? 13 Q. In that litigation. 14 A. I don't recall that. 15 Q. Have you ever provided expert opinions in 16 litigation other than the one that you don't recall? 17 Do you recall ever providing expert opinion? 18 A. What -- Define that. What's the 19 classification for that? 20 Q. It may be a very special lawyer term, I 21 suppose. If you were asked to provide an expert 22 report, you would set forth your qualifications, you 23 would recite a series of opinions and then provide 24 generally a narrative backup for those opinions, 25 citing to whatever documents you may have relied upon Pierle, Michael (Former Solutia/Monsanto Employee) WATER PCB-SD0000053524 34 1 that what I'll describe then as an expert report is 2 provided to the other side and a deposition would be 3 taken on the basis of that report. 4 A. I don't -5 Q. Does that ring any bells? 6 A. No. 7 Q. Okay. 8 A. I don't ever remember doing that. 9 Q. What was your role, if any, regarding the 10 insurance coverage litigation in the '90s? 11 A. We had a -- We basically had a team that I 12 was on that was responsible for trying to put together 13 the basis for a case against the insurers and then it 14 stayed involved in subsequent discussions with the 15 insurers. Most of this, I think, though, was 16 pre-litigation, and then once the litigation was 17 underway, it was -- it was basically more internal 18 discussions with the group of people that had 19 knowledge about the substance of the litigation. 20 Q. Do you have a recollection of the outcome of 21 that insurance coverage litigation? 22 A. I think there were several settlements, but 23 there were several insurers that were -- that were 24 sued, and I think there were multiple settlements, and 25 I forget the -- the amount of money. I know it was Pierle, Michael (Former Solutia/Monsanto Employee) WATER PCB-SD0000053525 35 1 much less than we had spent, but -- And I do know that 2 they were settled. 3 Q. They never went to trial; correct? 4 A. I don't believe so. 5 Q. Do you recall the Anniston Plant 6 environmental liabilities were within the scope of 7 those settlements? 8 A. I don't recall that specifically. 9 Q. Do you recall if the settlements were limited 10 to onsite liabilities or offsite contamination 11 liabilities? 12 A. They were inclusive of both from a cleanup 13 standpoint, and they were -- they would have only been 14 inclusive of the information that we would have known 15 at the time we filed the litigation. 16 Q. Which was in the early '90s, correct, if 17 your -- I know you have depositions in '93, so I'm 18 assuming the lawsuit was filed sometime prior to that 19 clearly? 20 A. That would sound reasonable. 21 Q. Okay. Were you involved in any other 22 coverage litigation on behalf of Monsanto or Solutia 23 other than that, that lawsuit? 24 A. I don't believe so. 25 Q. Did you provide -- have you ever provided Pierle, Michael (Former Solutia/Monsanto Employee) WATER PCB-SD0000053526 36 1 testimony in trial in any lawsuit? 2 A. Yes. 3 Q. And when did you provide trial testimony? 4 A. The two early suits that I mentioned in New 5 Jersey and the one around the Krummrich Plant both did 6 go to trial. I think those are the only two. 7 Q. You don't -- you did not -- you don't recall 8 providing any trial testimony in the -- in any of the 9 lawsuits that relate to the Anniston Plant? 10 A. I don't believe so. 11 Q. Mr. Pierle, do you have any family members 12 who have ever worked at Monsanto or Solutia, 13 Pharmacia? 14 A. No. 15 Q. Okay. Any family members that ever worked at 16 any of the foundry operations in Calhoun County? 17 A. No, not that I know of. 18 Q. Let me turn to your employment with Monsanto 19 when you began in February of 1966. You've previously 20 testified your first position title was as 21 Environmental Engineer 1 in the Technical Services 22 Department; is that right? 23 A. Yes. 24 Q. Okay. And where were you physically located 25 as Environmental Engineer 1? Pierle, Michael (Former Solutia/Monsanto Employee) WATER PCB-SD0000053527 37 1 A. At the W. G. Krummrich Plant in Sauget, 2 Illinois. 3 Q. And were your duties and responsibilities 4 limited to Krummrich, or did you provide a corporate 5 engineering role? 6 A. No. They were limited to the plant. 7 Q. I believe you testified, if I understood it 8 correctly before, that you were reporting at that time 9 to Paul Hodges, is that right, when you first started? 10 A. Yes. 11 Q. And was Paul Hodges located at corporate? 12 A. No. At the time of that reporting, he was at 13 the plant. 14 Q. And do you recall who he was reporting to? 15 A. It would have been whoever was the head of 16 Technical Services, but I don't recall who that was at 17 the time. 18 Q. And Technical Services Department, is that - 19 is that a corporate department function, or is that an 20 entity within the Krummrich Plant? 21 A. The latter. 22 Q. Okay. Describe for me generally what your 23 duties and responsibilities were as an Environmental 24 Engineer 1 in the Krummrich Technical Services 25 Department when you first started. Pierle, Michael (Former Solutia/Monsanto Employee) WATER PCB-SD0000053528 38 1 A. I would say basically the role of that 2 department was monitoring and surveillance of both 3 water and air discharges, and the plant was part of 4 the Village of Sauget that was constructing a primary 5 wastewater treatment plant, and I became involved in 6 the technical -- the completion of construction and 7 the beginning of operation of that principally for the 8 Industrial Group that was sort of a -- it was a 9 quasi-city industry group that was set up to run the 10 facility. 11 Q. And did that quasi-industry city group 12 involve more than just Monsanto's Krummrich Plant? 13 A. Yes, it did. 14 Q. How much of your time was spent devoted to 15 the work for the wastewater treatment plant 16 development for Sauget when you were Environmental 17 Engineer 1? 18 A. I'd say at the outset, it was a low amount, 19 and by the time I left in '70, 1970, it probably 20 constituted 30 to 40 percent. 21 Q. And you indicated that you generally 22 described the roles and responsibilities as monitoring 23 and surveillance of air and water discharges. 24 A. Correct. 25 Q. And give me some examples of what you would Pierle, Michael (Former Solutia/Monsanto Employee) WATER PCB-SD0000053529 39 1 specifically be doing in order to monitor or conduct 2 surveillance of air and water discharges. 3 A. We had a discharge -- It was either a permit 4 or some sort of legal document with the State of 5 Illinois that covered three or four indicators as well 6 as one specific -- So we had to take various samples 7 of the total plant, and then we would take samples 8 within the plant to try to look at the configuration 9 to make sure that we were preparing then the right 10 reports for submission to the state. 11 On the air side, it was primarily 12 monitoring relative to the power plant both 13 particulate and sulfur dioxide emissions, and those 14 became on the particulate side more important as we 15 began to put in control measures on controlling those 16 emissions, and the S02 was primarily what I would call 17 ambient monitoring, trying to understand our part-18 our contribution to the local S02 levels because there 19 was also a large utility power plant using smelter 20 emitted, so there were multiple sources, so we were 21 doing ambient monitoring stations trying to understand 22 our contribution to those levels. 23 Q. And the power plant you referred to was the 24 Monsanto power plant on site at Krummrich? 25 A. Well, we did have that, but my reference to Pierle, Michael (Former Solutia/Monsanto Employee) WATER PCB-SD0000053530 40 1 that, there was a municipal power plant that was part 2 of I think Union Electric at the time. It was in 3 operation near the plant. 4 Q. And you were conducting monitoring, ambient 5 air -- ambient air quality monitoring for S02 relative 6 to that municipal power plant as well as your own 7 power plant? 8 A. Well, when you do ambient, which is general 9 out in the general area, you're going to pick up 10 whatever comes from wherever. So part of what we were 11 trying to understand was our piece of that 12 contribution versus other sources in the area. 13 Q. Okay. And on the wastewater discharge side, 14 what type of pollutants were you monitoring for? Were 15 those conventional pollutants like a COD, suspended 16 solid? Do you recall what you were monitoring -17 A. There were those -18 Q. -- for? 19 A. The only specific pollutant that I recall was 20 a phenol that was -- we had a limit on that we had to 21 make reports to the state relative to that. 22 Q. And do you recall what process was taking 23 place at Krummrich that was generating phenol in your 24 wastewater discharge? 25 A. I think there were -- There was more than Pierle, Michael (Former Solutia/Monsanto Employee) WATER PCB-SD0000053531 41 1 one. We had a phenol unit, which was one. There were 2 a couple of other units there that used the material 3 that I think were also potential dischargers that we 4 would internally monitor within the plant. 5 Q. And at that time at Krummrich, that plant was 6 also manufacturing Aroclors; correct? 7 A. Yes. 8 Q. Did the Aroclor production lead to any PCB 9 sampling in either air or water while you were an 10 environmental engineer at Krummrich? 11 A. I think later on, in the later maybe '68 12 when -- and I think I testified to this before, when 13 the general discussion about PCBs came up, we had - 14 we began specific sampling at the unit to determine 15 principally in water were there any PCBs, and then 16 about the time I was leaving, I think we had just put 17 in some collection and separation facilities to try to 18 reduce the -- reduce the amounts at the department. 19 Q. And amounts of Aroclor releases? Is that 20 what you're talking about? 21 A. Are we using Aroclor generically? 22 Q. PCBs, I could say. 23 A. Yeah. Yes. 24 Q. Okay. "At the department" means the Aroclor 25 Production Department? Pierle, Michael (Former Solutia/Monsanto Employee) WATER PCB-SD0000053532 42 1 A. Yes. 2 Q. And what type of collection separation 3 equipment was being installed as you were nearing the 4 end of your time there? 5 A. It was pretty simple because the PCBs were 6 heavy and relatively not solvent in the water, so they 7 were -- it was a physical separation, more dams in 8 sort of surface drains, as I recall, and dams to 9 collect the material behind, and then they had some 10 mechanism for removing those and taking those off. I 11 don't recall. As I say, that's about the time I left, 12 and I don't -- I don't remember the specifics of that 13 operation. 14 Q. Do you recall at that time that there was 15 also Aroclor production taking place at the Anniston 16 Plant in addition to Krummrich? 17 A. I'm not sure I even knew that at that time. 18 We didn't have much interplant, not at my level 19 anyway, interplant actions or exchange of information. 20 They may have had at the production unit, but not at 21 my level in the Environmental Group. 22 Q. Were you involved in the engineering and 23 planning for the physical separation collection 24 equipment at Krummrich? 25 A. That -- That was done by another part of the Pierle, Michael (Former Solutia/Monsanto Employee) WATER PCB-SD0000053533 43 1 Technical Services Department. It would have been 2 engineers more associated with the production unit. 3 Q. Were the members of the Technical Services 4 Department generally assigned to different production 5 operations within the plant while you were there? 6 A. I think that's a fair statement. 7 Q. What production facilities were you 8 associated with? 9 A. Well, okay. Then maybe that's not a fair 10 statement. 11 Q. Sorry. 12 A. There were a series of engineers that were 13 mainly chemical engineers that had assignments, and 14 they may rotate or change within the plant, the units, 15 but the Environmental Group had basically -- our 16 coverage was across the entire plant, not in any 17 specific unit. 18 Q. Do you recall the names of any of the 19 chemical engineers that were in the Technical Services 20 Department involved in the Aroclor production process 21 and specifically the physical separation equipment 22 that you were describing? 23 A. I do not. 24 Q. Did you have any tasks or jobs relating to 25 the Aroclor production or discharges, releases of PCBs Pierle, Michael (Former Solutia/Monsanto Employee) WATER PCB-SD0000053534 44 1 at Krummrich while you were an environmental engineer 2 there? 3 A. No. 4 Q. And I gather you didn't have any tasks or 5 responsibilities that related to the Anniston Plant 6 while you were an environmental engineer at Krummrich? 7 A. That's correct. 8 Q. At some point in time, you previously 9 testified that your next position was the 10 Environmental Engineer 2. Is that just an elevated 11 status, but you're still at Krummrich; is that right? 12 A. I believe that did happen right before I left 13 Krummrich, that's correct. 14 Q. Do you have any recollection of any changes 15 to your duties or responsibilities upon becoming an 16 Environmental Engineer 2? 17 A. No. 18 Q. And you said -- I think you said you -- I 19 think you said you left Krummrich in 1970; is that 20 right? 21 A. Yes. 22 Q. Okay. Is that when you became a Senior 23 Engineer? 24 A. At -- Yeah. At Delaware River. 25 Q. Okay. That's when you went to Delaware Pierle, Michael (Former Solutia/Monsanto Employee) WATER PCB-SD0000053535 45 1 River? 2 A. Correct. 3 (Defendant's Exhibit Pierle 1 was marked 4 for identification.) 5 Q. Mr. Pierle, I've handed you what we have 6 marked as Pierle Exhibit 1 to your deposition today, 7 and for the record, I'll just draw a quick distinction 8 so we don't have any confusion. When you were a 9 corporate representative we marked those Solutia 10 Pierle 1, 2, 3, et cetera, so these will be marked 11 just Pierle 1, 2, 3, et cetera. I'll give you a 12 moment to read that over, and then I'll ask you a few 13 questions. Let me know when you've had a chance to 14 look at it. 15 (Witness perused document.) 16 A. I've read the document. 17 Q. Okay. Is this a document that -- that you 18 authored, Mr. Pierle? 19 A. It appears to be. 20 Q. And for the record, Pierle 1 is Bates 21 labelled DSW 386757. The time -- The date on this 22 document is February 5th, 1969. That's a point in 23 time when you would have been located at the Krummrich 24 Plant as an environmental engineer; correct? 25 A. That's correct. Pierle, Michael (Former Solutia/Monsanto Employee) WATER PCB-SD0000053536 46 1 Q. Before I ask you some questions about this, 2 do you have any recollection at all regarding 3 preparing this memo and the subject matter that it is 4 discussing? 5 A. Not really, other than what's right here. 6 Q. As you read this, let me ask you a couple of 7 questions. The P. B. Hodges that is referenced as 8 having prepared some memo dated January 23rd, 1969, is 9 that Paul Hodges? 10 A. Yes. 11 Q. And at that time, he was your direct 12 supervisor; correct? 13 A. I don't believe so at this time. I think by 14 this time Paul had moved to a different role in -- in 15 the St. Louis offices. 16 Q. Would that be, the "GO" that's indicated 17 after his name, is that General Offices? Would that 18 be the right - 19 A. Yes. 20 Q. -- designation? 21 A. Yes. 22 Q. That would suggest he's moved to 23 headquarters ? 24 A. Yes. 25 Q. Okay. And the memo that you're writing here Pierle, Michael (Former Solutia/Monsanto Employee) WATER PCB-SD0000053537 47 1 to E. G. Wright, is that Eugene or Bunky Wright? If 2 you recall. 3 A. I don't recall, but, again, that's what the 4 note would indicate. 5 Q. Okay. I'm sorry. I'm going to keep asking 6 you about names, and I know it's a long time ago. W. 7 C. Cole, do you recall who that is? 8 A. I believe he was a -- He was in the product 9 business that included PCBs. 10 Q. Do you recall if he's at Krummrich or at 11 corporate? 12 A. He would not have been at Krummrich. 13 Q. Do you recall his first name? 14 A. No, I do not. Now that I think of that, I'm 15 not sure of that either. I'm really kind of... 16 Q. Okay. How about the next name on the CC 17 list, F. B. Matthews. Do you recall that individual? 18 A. He was a -- He was at the plant, and I'm not 19 exactly recalling what his role was. 20 Q. Do you know what the F. B. stands for? 21 A. I believe his first name was Fred. The B, I 22 don't know. 23 Q. And C. F. Buckley, do you recall him? 24 A. He was -- I believe -- And that's Clarence. 25 I believe he was my boss at the time. Pierle, Michael (Former Solutia/Monsanto Employee) WATER PCB-SD0000053538 48 1 Q. So he was located at Krummrich? 2 A. Yes. 3 Q. As part of the Technical Services Department? 4 A. Yes. 5 Q. Do you know if Mr. Buckley is still living? 6 A. I do not. 7 Q. Do you know anything about his employment 8 history subsequent to being your supervisor at 9 Krummrich? 10 A. Only that he was I think originally employed 11 at one of our plants in England and had moved to the 12 States and had worked at Krummrich, but I don't -- I 13 don't know his work history. He was -- He was an 14 Englishman, so that's why I know that. 15 Q. Do you know if he worked at the New South 16 Wales Plant? 17 A. I've never heard -18 Q. Okay. 19 A. -- New South Wales. 20 Q. I could be wrong. 21 A. That's not familiar. 22 Q. I could be wrong about the name of the plant, 23 too. Now, this -- the document we've marked as Pierle 24 1 has some handwriting regarding a telephone 25 conversation with Bunky. Do you recognize that Pierle, Michael (Former Solutia/Monsanto Employee) WATER PCB-SD0000053539 49 1 handwriting? 2 A. I do. 3 Q. And whose is it? 4 A. Mine. 5 Q. Do you have any recollection of the telephone 6 conversation that you're making notes on here? 7 A. Not really. 8 Q. When you read both the memo itself and your 9 handwritten notes, can you tell me what the -- what is 10 meant by the handling of spent Aroclor from P2S5 11 production in the text of the memo? 12 A. I don't really recall the specifics on this. 13 Q. Do you recall anything generally? 14 A. Not -- No, I don't. 15 Q. P2S5, which I'm not going to remember exactly 16 what that stands for, but I know it was being produced 17 at Anniston. Do you know if P2S5 was being produced at 18 Krummrich at this time? 19 A. I do recall that. 20 Q. Do you know if the process at -- Do you know 21 if there are any differences between the P2S5 22 production process at Krummrich versus that at 23 Anniston? 24 A. I do not. 25 Q. Do you have any understanding either from Pierle, Michael (Former Solutia/Monsanto Employee) WATER PCB-SD0000053540 50 1 reading this memo or from your years at Monsanto 2 thereafter as to why spent Aroclor would be handled as 3 part of P2S5 production? 4 A. I believe that P2S5 and other departments were 5 using that as a heat transfer fluid, which meant it 6 was in a furnace that was sep-- it was heating the 7 process, but it was not integral with the materials in 8 the process. I think that was a standard use of the 9 materials at that time. 10 Q. Would that have -- that heat transfer fluid 11 have been called Therminol, if you recall? 12 A. Probably. 13 Q. You're not sure? 14 A. I'm not sure. 15 Q. And you described the heat transfer fluid 16 being in a furnace. Do you think that's the reference 17 to furnace in your handwritten note? 18 A. Yeah. That's what makes me sort of 19 understand that a furnace or a heater, it was used 20 in -- in the -- in the department. 21 Q. Do you know what was being heated in the P2S5 22 production process? 23 A. No. I mean, it would have been part of the 24 process, but I don't know -- I don't know the 25 specifics of the process itself. Pierle, Michael (Former Solutia/Monsanto Employee) WATER PCB-SD0000053541 51 1 Q. Do you recall while you were an environmental 2 engineer at Krummrich there being any issues regarding 3 Aroclor being released from the P2S5 production 4 process? 5 A. I don't. 6 Q. Do you recall there being any issues about 7 drumming the spent heat transfer fluid and hauling it 8 away anywhere? 9 A. No. 10 Q. Okay. You can set that one aside. 11 (Defendant's Exhibit Pierle 2 was marked 12 for identification.) 13 MR. NASSIF: Thank you. 14 Q. I'll give you a moment to look this over, 15 Mr. Pierle. I do recognize that I did not find your 16 name anywhere on here, so if you're looking for it, I 17 didn't find it. 18 A. I'll await your question. 19 Q. Okay. Actually, the first thing I want to 20 ask you about is more people identification. The memo 21 that I've handed you that we have marked as Pierle 22 Exhibit 2, and we'll just need to ignore the earlier 23 stamps from prior testimony, is dated May 12, 1969, 24 from P. B. Hodges, which would be Paul Hodges; 25 correct? Pierle, Michael (Former Solutia/Monsanto Employee) WATER PCB-SD0000053542 52 1 A. Correct. 2 Q. Okay. And it is being addressed to 3 W. A. Kuhn (pronouncing Koon) or Kuhn (pronouncing 4 Kune), K-U-H-N? 5 A. I believe it was Kuhn (pronouncing Kune). 6 Q. Kuhn. Okay. And do you recall his full 7 name? 8 A. I know it was Bill, but I'm not certain 9 beyond that. 10 Q. And what was Bill Kuhn's position, if you 11 know, in May of 1969? 12 A. I do not. 13 Q. The list of CCs, is there anyone on that list 14 as you look at that list that you know sitting here 15 today is still living? I'll make the question easier 16 rather than one by one. 17 A. Bill Papageorge. 18 Q. Okay. 19 A. Beyond that, I do not know. 20 Q. If I direct your -- I want to direct your 21 attention to the opening paragraph, which states, "At 22 your request (and for your transmittal to appropriate 23 members of the Business Group) I have summarized 24 information on actions, plans and problems at Anniston 25 and at W. G. Krummrich to avoid sewering Aroclors into Pierle, Michael (Former Solutia/Monsanto Employee) WATER PCB-SD0000053543 53 1 natural waters." 2 Regarding the reference to sewering 3 Aroclors into natural waters at the Krummrich Plant, 4 while you were an environmental engineer at Krummrich, 5 did you have any involvement in what's being 6 referenced here? 7 A. I think we've just discussed some of this in 8 that at this time we were trying to understand what 9 discharges there may be of PCBs in the plant or from 10 the plant, and I was involved in some of that 11 activity. 12 Q. Do you recall ever receiving or seeing this 13 memo in particular? I know your name's not on it. 14 A. I do not. 15 Q. What -- Tell me what you were doing in 16 connection with identifying any losses or releases of 17 Aroclors in the water. You've told me generally, but 18 can you tell me more specifically? 19 A. I just recall that we were taking -- we 20 already had a network of sampling for other purposes 21 that we've described, and I believe we were trying to 22 use those, that sampling system to try to collect 23 samples, and I think in all cases we were giving these 24 to somebody someplace else because of the difficulties 25 with the analytical methods and development and that, Pierle, Michael (Former Solutia/Monsanto Employee) WATER PCB-SD0000053544 54 1 so there were some samples that were taken in addition 2 to in the department, but I don't -- I don't recall, 3 you know, how many and where, but we were basically 4 trying to understand as best we could, given the 5 technologies of sampling and analysis there, did we 6 have PCBs in the water; and, if so, where were they, 7 and then would that help us understand how to put in 8 control systems to -- to reduce those levels. 9 Q. And in that work that you were describing, to 10 your knowledge, was there information sharing or 11 communications going on with the Anniston Plant 12 together with the Krummrich Plant? In other words, 13 were they working together on these type of problems? 14 A. I don't recall doing much of that. Now that 15 I see this, I see we obviously had one exchange, but I 16 don't recall that that was part of our role at the 17 plant to do the interplant communication. This memo 18 obviously indicates they had activities at Anniston 19 that I could only assume probably tried to parallel 20 what we were doing -21 Q. And do you - 22 A. -- or -- 23 Q. But that wasn't hap -- that communication was 24 not happening at your level? 25 A. No. Pierle, Michael (Former Solutia/Monsanto Employee) WATER PCB-SD0000053545 55 1 Q. Maybe not at anyone's level within Krummrich, 2 but more at the corporate level with Mr. Hodges? 3 A. I don't know. 4 Q. Okay. That opening paragraph indicates that 5 information was obtained from Mr. Taffee at Anniston, 6 and I'm familiar with Mr. Taffy, and C. F. Buckley. 7 Do you recall C. F. Buckley? 8 MR. NASSIF: You just asked him about 9 C. F. Buckley. 10 Q. Did we do that one? 11 A. Yes . 12 Q. Did we just do that one? 13 A. We did. 14 Q. I'm sorry. 15 MR. NASSIF: The New Wales Plant. 16 Q. Yes, we: did. :New Wales, yes . The mystery 17 New Wales Plant. Under the heading A, "General," 18 Mr. Hodges states, "We have generally taken the 19 position that, before any expensive projects are 20 undertaken to halt sewering of Aroclors, we should 21 know what levels exist in the receiving waters." Do 22 you see where I am? 23 A. Yes. 24 Q. Do you recall that position ever being 25 articulated to you while you were an environmental Pierle, Michael (Former Solutia/Monsanto Employee) WATER PCB-SD0000053546 56 1 engineer at Krummrich? 2 A. No. 3 Q. Do you recall there being an instruction or 4 directive to halt sewering of Aroclors specifically? 5 I know you said there was a project underway to try to 6 reduce that. Do you recall there being any type of 7 directive to stop sewering of Aroclors? 8 A. I don't -- I don't recall that. 9 Q. This paragraph goes on to talk about the need 10 to develop analytical techniques, and then the second 11 paragraph references or states, "General status of 12 this work is that Dr. Tucker has developed the 13 necessary techniques (ahead of schedule)," and it goes 14 on. Do you recall that work by Dr. Tucker taking 15 place in the late '60s? 16 A. I remember that name and his involvement in 17 the analytical methods development that went on during 18 that time, and I think for quite a while because of 19 the difficulties with it. 20 Q. You mentioned earlier that sometimes you had 21 to send analysis offsite because there wasn't onsite 22 capability, is that right, at Krummrich? 23 A. And this is what I would have meant by 24 offsite. It would have been to Dr. Tucker. 25 Q. And Dr. Tucker had his own analytical lab Pierle, Michael (Former Solutia/Monsanto Employee) WATER PCB-SD0000053547 57 1 someplace within the Monsanto family? 2 A. It would have been at the general offices 3 area. 4 Q. And do you know Dr. Tucker's not still 5 living; correct? 6 A. You know, I don't know that for a fact. 7 Q. Reading this, that paragraph, would you agree 8 with me that as of May 1969 Monsanto had developed 9 analytical techniques capable of analyzing Aroclor and 10 PCBs in wastewater? 11 MR. NASSIF: Objection, lack of 12 foundation. 13 Q. You could still answer. 14 A. I mean, this says based upon what he knew how 15 to do at that time he was sending it to the plants to 16 put in effect. I -- I do recall that there were 17 considerable difficulties that continued on with being 18 labeled to identify PCBs and which PCB and other 19 interferences of other materials, and I know that the 20 first attempt was not perfect. 21 Q. Do you recall that attempt taking place 22 specifically at the Krummrich Plant before you left? 23 A. I do not. 24 Q. Do you recall what type of problems they were 25 having regarding the analytical capabilities following Pierle, Michael (Former Solutia/Monsanto Employee) WATER PCB-SD0000053548 58 1 Dr. Tucker's work? 2 A. I think I've just mentioned some of them in 3 terms of the various isomers that -- you know, PCB 4 wasn't just one thing, and there were more 5 difficulties with that, and then I -- and I do know 6 that each sample would have its own what they used to 7 call cleanup preparation step to that, and for 8 different samples that required different activities, 9 and all of that was -- this was real early in the 10 learning process, so there was improvements being made 11 in the techniques as the work progressed. 12 Q. This paragraph on the first page of Pierle 13 Exhibit 2 also states that "However, problems of 14 manpower priority exist at both plants..." Do you 15 recall there being a manpower priority problem with 16 respect to the analytical development at Krummrich and 17 Anniston? 18 A. I wouldn't have been in-- wouldn't have been 19 involved in that aspect of it. 20 Q. Do you know who would have been involved in 21 that aspect of it at the Krummrich Plant? 22 A. I don't recall, but the laboratory was run 23 sort of as a -- as a separate unit. There was a head 24 of laboratory, but I don't recall who that was. 25 Q. I'm going to ask you to turn to the second Pierle, Michael (Former Solutia/Monsanto Employee) WATER PCB-SD0000053549 59 1 page, and this is a two-sided copy. I'm saving trees. 2 A. Good for you. I've got a story about that 3 I'll tell you at the break. 4 MR. NASSIF: No, you won't. 5 Q. Under Roman Numeral II, "Work to Minimize 6 Losses at W. G. Krummrich," again, this is May of 7 1969, a time frame when you were still environmental 8 engineer at the Krummrich facility. There's a 9 reference in this opening sentence to a qualitative 10 study of loss sources. Is that a reference to what 11 you were describing to me as a project that you recall 12 in the '60s? Do you know? 13 A. Where in Roman II are you? 14 Q. The very first sentence. 15 A. "In the absence of" -16 Q. Uh-huh. 17 A. -- "analytical techniques"? 18 Q. And then it goes on to say "a qualitative 19 study of loss sources has been made." Do you know 20 what that qualitative study references to? Or is 21 that -- Or do you believe that's a reference to what 22 you've been describing to me as something that was 23 underway that you had some involvement in? 24 A. Yeah. I don't know what -- how inclusive 25 that was. It would have included the work we were Pierle, Michael (Former Solutia/Monsanto Employee) WATER PCB-SD0000053550 60 1 doing in the Environmental Group, but we may not have 2 been doing all the work. I don't know. 3 Q. Do you recall the names of any other 4 individuals that were involved in the work that you 5 were doing with regard to studying losses of Aroclor 6 to the water? 7 A. The only other fellow that I worked with or 8 who did a lot of the sampling-related work was Julio 9 Munoz, who was a technician in the group who really 10 had prime responsibility for running the wastewater 11 sampling network, and I know he is deceased. 12 Q. How did you know that was my next question? 13 A. Because I went to his wake. 14 Q. You'll see in that sentence, that opening 15 paragraph, the second sentence reads, "The only 16 substantial source," and then in parens, "(that of 17 occasional sewering of the Therminol from P2S5 18 production) was immediately stopped and instructions 19 have been issued throughout the plant that no Aroclor 20 is to be sewered intentionally." 21 Correct me if I'm wrong, but that -- that 22 Therminol reference then would be that heat transfer 23 fluid that you were describing earlier after reading 24 Exhibit 1? 25 A. I believe so. Pierle, Michael (Former Solutia/Monsanto Employee) WATER PCB-SD0000053551 61 1 Q. And do you recall there being an instruction 2 to immediately stop sewering Aroclor intentionally at 3 the Krummrich Plant in this time frame? 4 A. I do not. 5 Q. Under letter A, number one, it states, "With 6 the recent years improvements in chlorinator off-gas 7 cooling" -- I guess I can't read this -- "plus Brink 8 mist eliminators, there is no longer any free Aroclor 9 in the HCL off-gas which comes out in catch pots (at 10 one time this was considerable) 11 Did you have any involvement with regard 12 to improvements in chlorinator off-gas? 13 A. No. 14 Q. Did you have any involvement in the 15 installation of the mist eliminators? 16 A. No. 17 Q. Under number three, the bottom of the page, 18 it states, "The only discharge to atmosphere is from 19 packaging, T/C," which I read as tank car? Do you 20 know what T/C references? 21 A. I think that's probably correct. 22 Q. "...loading and spillage (particularly on to 23 steam traced lines)." Did you have any involvement in 24 identifying discharge to atmosphere from packaging, 25 loading, and spilling? Pierle, Michael (Former Solutia/Monsanto Employee) WATER PCB-SD0000053552 62 1 A. No. 2 Q. On the next page, page three, under Roman 3 numeral III, which is a reference to the Anniston 4 Plant, A-l refers to "free" globules of Aroclors that 5 can be seen in Snow Creek. Did -- Did you have any 6 awareness at this time in 1969 of "free" globules of 7 Aroclor being present in wastewater streams emanating 8 from the Krummrich facility? 9 A. Could you repeat that? 10 Q. In 1969 -- Maybe I should rephrase it. Do 11 you recall seeing what might be described as "free" 12 globules of Aroclors in any of the ditches or streams 13 at Krummrich? I know this sentence is referring to 14 Snow Creek in Anniston, but have you seen "free" 15 globules of Aroclors in wastewater streams at 16 Krummrich? 17 A. Leaving the plant? 18 Q. Yes. 19 A. No. 20 Q. Did you see "free" globules within the plant 21 at Krummrich? 22 A. I think this -- this refers to the discussion 23 of the in-department placement of catch basins or dams 24 and that to stop those materials. 25 Q. That you were describing earlier? Pierle, Michael (Former Solutia/Monsanto Employee) WATER PCB-SD0000053553 63 1 A. Yes. 2 Q. Okay. So that "free" globules is what is the 3 nonsoluable Aroclor that you were referencing? 4 A. Yes. 5 Q. If you know. 6 A. I mean, it would be in my terms. I'm not 7 sure what -- if that's exactly what they mean here. 8 Q. Could you, just from your knowledge of 9 working for Monsanto back in the '60s, when there's a 10 reference to EDC, as there is on this page in the next 11 paragraph, is that estimated date of completion? Do 12 you know? 13 A. That's how I would have read it, but -14 Q. You can't be sure because you didn't write 15 it, but -16 A. Yeah. Yeah. I mean, that's the way I would 17 read it. 18 Q. Okay. 19 MR. PERRY: Excuse me. Five minutes on 20 the tape. 21 Q. On the back page, the last page four, under 22 B, and, again, I know this language is -- this section 23 of Mr. Hodge's memo is talking about the Anniston 24 facility, but I want to direct you to number two. 25 It's talking about the Therminol systems. "Spent Pierle, Michael (Former Solutia/Monsanto Employee) WATER PCB-SD0000053554 64 1 Aroclor from the P2S5 operations has been drummed for 2 hauling to landfill for at least the past several 3 years." 4 Do you have any knowledge as to how spent 5 Aroclor from P2S5 operations at the Krummrich Plant was 6 handled while you were at the Krummrich facility? 7 A. No. 8 MS. LAVEY: Okay. We can go off the 9 record. 10 MR. PERRY: Off the record at 10:19. 11 (Whereupon, there was a brief recess.) 12 MR. PERRY: We're back on the record at 13 10:29. This is video tape number two. 14 Q. (By Ms. Lavey) Mr. Pierle, I'm going to 15 continue chronologically. I think this is my -- might 16 be my last document from your days as an environmental 17 engineer. 18 (Defendant's Exhibit Pierle 3 was marked 19 for identification.) 20 Q. And I may not have much to ask you about at 21 all. Let's see. I'm handing you what we've marked as 22 Pierle Exhibit 3, which is dated October 2nd, 1969, 23 Bates number starting DSW 014612, and as you look at 24 this document, do you have any recollection of there 25 being an Aroclor "Ad Hoc" Committee in the 1969 time Pierle, Michael (Former Solutia/Monsanto Employee) WATER PCB-SD0000053555 65 1 frame? 2 A. No. 3 Q. Do you know who Mr. Springate is that's on 4 this first page? 5 A. I know that he was one of the business group 6 leaders, but that's about all. I didn't know him 7 personally at the time. 8 Q. How about Mr. Howard Bergen (pronouncing 9 Burg-in) or Bergen (pronouncing Burj-in)? Do you 10 recall him? 11 A. I do, but the same characterization would 12 apply. 13 Q. Do you know if either of those individuals 14 are living? 15 A. I do not. 16 Q. Under "From," there are a number of folks, 17 including Mr. Hodges. I know he's deceased. Do you 18 recognize the name M. N. Farrar? 19 A. I believe that's Martin Farrar. 20 Q. And do you know what position he had with 21 Monsanto in October of 1969? 22 A. He was in the Research Department, but that's 23 all I recall. 24 Q. Was the Research Department at the corporate 25 offices in St. Louis? Pierle, Michael (Former Solutia/Monsanto Employee) WATER PCB-SD0000053556 66 A. Yes. It was on -- on the site of the -- You know, the corporate offices included some research facilities. Q. Okay. How about E. V. John? Do you recall that individual? A. I recall an Ed John, but I do not recall his position or function. Q. All right. How about W. R. Richard? A. I believe that's Bill Richard, and he was in the Research Department as well. I believe he's deceased Q. Okay. And E. P. Wheeler? A. I believe that's Elmer Wheeler, who was in the sort of the Medical and Health Department at corporate, and he's -- I believe he's deceased. Q. All right. And since you had no -- you don't have any knowledge of the Aroclor "Ad Hoc" Committee, you can set that one aside. I won't ask you anything about it. Subsequent to your environmental engineer position at Krummrich, you next went to the Delaware River Plant sometime in 1970; correct? A. Yes . Q. Do you recall what month you went to the Delaware River Plant? Pierle, Michael (Former Solutia/Monsanto Employee WATER PCB-SD0000053557 67 1 A. I believe I transferred in August. 2 Q. And at that time you had the title Senior 3 Engineer; is that right? 4 A. I think I got that right as I was leaving, so 5 it was either right before August or right upon the 6 move. I forget which. 7 Q. Why did you relocate to the New Jersey 8 facility, I'm sorry, yeah, the Delaware River Plant? 9 A. They were looking for a plant environmental 10 engineer, and I was asked if I would take the job, and 11 I did. 12 Q. Okay. And what -13 A. And this promotion, if you will, I think was 14 part of the incentive to go. 15 Q. And what were your general duties and 16 responsibilities at the Delaware River Plant? 17 A. They were -- They were similar to Krummrich 18 in the plant-wide, monitoring air, water, whatever 19 environmental issues would come up with respect to 20 permitting, because I was the only professional person 21 there dealing with those matters, and more 22 specifically, the plant was in the process of making a 23 decision on additional wastewater treatment, whether 24 it would be done at the plant site or in a large 25 industry consortium up and down the Delaware River, Pierle, Michael (Former Solutia/Monsanto Employee) WATER PCB-SD0000053558 68 1 and I was responsible for participating in those 2 activities and recommending decisions on that. 3 Q. What was the recommendation? 4 A. We ended up building our own waste treatment 5 plant. 6 Q. During your time at the Delaware River Plant, 7 did you have any duties or tasks that related to the 8 Anniston Plant? 9 A. No. 10 Q. Did you have any tasks or duties that related 11 to PCBs while you were at the Delaware River Plant? 12 A. They were -- They were fairly minor. We had, 13 and I forget the exact number, but just one or two of 14 these Therminol units, and I think we were, during 15 that time period, both checking for the integrity of 16 those systems, making sure they weren't leaking, and, 17 as I recall, arranging for the disposal of those 18 materials out of those systems, and then ultimately 19 the material was replaced consistent with Monsanto's 20 overall programs to get out of PCB use in those open 21 systems. 22 Q. Did you have any ongoing responsibilities 23 relative to the Krummrich Plant when you moved over to 24 the Delaware River Plant? 25 A. No. Pierle, Michael (Former Solutia/Monsanto Employee) WATER PCB-SD0000053559 69 Q. Mr. Pierle, do you recall a Ricky Ramsey in the early 1970s? A. No. Q. Okay. (Defendant's Exhibit Pierle 4 was marked for identification.) Q. Mr. Pierle, I've handed you what we have marked as Pierle Exhibit 4, which purports to be a memo from M. R. Foresman at the Krummrich facility to a W. C. Engman. I'm going to direct your attention to the first sentence. "The following air sampling program is an addition to the total Aroclor sampling program as established in a memo from M. Pierle to W. Engman dated August 5th, 1970." Do you know what this is referring to? A. I don't recall. Q. And if you're writing a memo on August 5th, 1970, relating to Aroclor sampling program, would you still be -- still have been at the Krummrich facility at that point in time? A. Yes. I believe so. Q. Okay. There would be no reason for you to be writing that kind of memo while at the Delaware River -A. No. Pierle, Michael (Former Solutia/Monsanto Employee WATER PCB-SD0000053560 70 1 Q. -- Plant. 2 A. No. 3 Q. Who's W. Engman? 4 A. That was Bill Engman. He was a -- I think a 5 group leader in the Technical Services Department that 6 was supporting some of the manufacturing units. 7 Q. And do you have any recollection, as you look 8 at Pierle Exhibit 4, of an air sampling program for 9 total Aroclors established in a memo authored by you? 10 A. No. 11 Q. Do you know if the M. R. Forseman referred to 12 here is Michael Foresman? 13 A. I believe so. 14 Q. Following your period of time at the Delaware 15 River Plant, as I understand it, you next went to the 16 U.S. Department of Commerce in 1974; correct? 17 A. Yes. 18 Q. And that was a one-year position? 19 A. Yes. 20 Q. And while you were there, you were employed 21 by the Commerce Department, but still maintained 22 benefits through Monsanto; is that right? 23 A. Yes. 24 Q. And what were your general duties and 25 responsibilities at the Department of Commerce? Pierle, Michael (Former Solutia/Monsanto Employee) WATER PCB-SD0000053561 71 1 A. The small group that I worked with was 2 responsible for helping develop and represent 3 industry's position on regulations that were 4 developed, principally at EPA, which was fairly new at 5 that time, and so our interface was with industry 6 groups. I was specifically not allowed to work on 7 anything relative to the chemical industry as part of 8 that activity. Most of the work, as I recall, dealt 9 with what was called effluent guideline development 10 work for industry sectors that was going on at EPA. 11 Q. Do you recall any particular industry sectors 12 for which you were looking at effluent guideline rule 13 development? 14 A. No. I think it was iron and steel, 15 nonferrous metals. There were more than that, but 16 those are two I kind of recall. 17 Q. Were you working on effluent guidelines 18 relating to iron foundries? 19 A. I don't recall. It seems to me it was more 20 the -- larger mills as opposed to foundries, but I'm 21 -- I'm not certain. 22 Q. And what was your role with regard to the 23 effluent guideline development on behalf of industry? 24 Were you reviewing, commenting on drafts? What was 25 your input? Pierle, Michael (Former Solutia/Monsanto Employee) WATER PCB-SD0000053562 72 1 A. Yeah. There was a process that had been 2 instituted within the government called a Quality of 3 Life Review where I don't think it was just -- it 4 didn't pertain just to EPA, but when they were 5 preparing regulations, they would circulate those to a 6 variety of potentially-affected departments in the 7 government, and so we were participating as one entity 8 in that review. So we'd review documents and provide 9 both technical comments as well as business-related 10 comments into that process. 11 Q. Do you recall an individual at EPA named Gary 12 Amendola while you were working on iron and steel 13 effluent guidelines? 14 A. No. 15 Q. Okay. And when did you leave the Department 16 of Commerce? 17 A. That was, I believe, July of '75. 18 Q. At that point you returned to Monsanto? 19 A. I did. 20 Q. And what position did you hold when you 21 returned? 22 A. I was actually rehired into the company as a 23 Manager of Environmental Protection or something 24 similar to that title. 25 Q. And that was located at -- at the general Pierle, Michael (Former Solutia/Monsanto Employee) WATER PCB-SD0000053563 73 1 offices at this point or into a plant? 2 A. General offices. 3 Q. And I think you testified earlier that at 4 that point you were reporting to Des Hosmer? Does 5 that sound right? 6 A. Correct. 7 Q. And what were your general duties and 8 responsibilities as Manager of Environmental 9 Protection when you returned to Monsanto in July of 10 1975? 11 A. It kind of fell into two categories. One was 12 assisting the plants that I had contact and 13 responsibility with relative to their environmental 14 matters at the site, permitting and matters of that -15 that sort, and then we were also working with industry 16 groups on various EPA regulations that were 17 developing, so I was putting in Monsanto's viewpoints 18 on -- on regulations that were evolving, principally 19 out of the federal government, not really the state 20 level. The plants handled that. 21 Q. And would that that you just described, did 22 that apply just to the plants for which you had 23 responsibility, or that was a company-wide 24 involvement? 25 A. Just the plants I had responsibility for. Pierle, Michael (Former Solutia/Monsanto Employee) WATER PCB-SD0000053564 74 1 Q. And which plants did you have 2 responsibilities for when you first started as Manager 3 of Environmental Protection? 4 A. There were four or five. I know it included 5 Krummrich and Queeny Plant. It did include Anniston, 6 and it seems to me there were a couple other, maybe 7 the Seattle plant at that time, and the Avon, Avon, 8 California plant, I believe, as well. 9 Q. Was there anybody else in your group who 10 similarly was providing support services to the 11 Anniston facility? 12 A. No. 13 Q. What type of things would you be doing with 14 respect to the Anniston facility as one of your plants 15 for which you had responsibility? 16 A. During that time, I really -- I never visited 17 the plant. I had it for about it seems to me less 18 than two years, and I would generally describe things 19 as quiet and no active permit issues, so there was 20 really not much interface with them relative to plant 21 environmental or regulatory matters. 22 Q. You weren't involved in any early NPDES 23 permitting at Anniston during that time frame? 24 A. I think that was already in place for them at 25 the time. I believe they had a wastewater treatment Pierle, Michael (Former Solutia/Monsanto Employee) WATER PCB-SD0000053565 75 1 plant that was already established within the state 2 regulatory system. 3 Q. And do you recall whether you had any 4 involvement in your early days as a Manager of 5 Environmental Protection in air pollution control 6 installations at the Anniston facility? 7 A. No. 8 Q. You indicated that that responsibility 9 continued for something less than two years. Was 10 there an individual who succeeded you having 11 responsibility with respect to the Anniston facility 12 from the general offices? 13 A. As I recall the -- Due to sort of internal 14 company reorganizations, I think the Anniston Plant 15 became part of the agricultural sector, and I forget 16 what it was called or what division it was called, and 17 I'm not sure at that point whether they had a manager 18 doing similar work in St. Louis or not. I tend to 19 think they didn't. 20 Q. Okay. Maybe you can help me with some 21 acronyms. If I see references to MCC, is that 22 Monsanto Chemical Company as an operating division of 23 Monsanto? 24 A. Well -- 25 Q. In that time period. Pierle, Michael (Former Solutia/Monsanto Employee) WATER PCB-SD0000053566 76 1 A. It might depend on what -- what time period 2 specifically, but I would say, in general, MCC would 3 be -- would be Monsanto Chemical Company. 4 Q. And then if I'm seeing in the 1970s 5 references to MAC, is that going to be the 6 Agricultural Group? Do you know? 7 A. I'm really kind of debating because I'm not 8 sure you'd see those references in that time frame. 9 Q. Okay. Maybe I saw it later. 10 A. Yeah. Yeah. 11 Q. Now, throughout the time that 12 Manager of Environmental Protection, you were located 13 at the general offices; correct? 14 A. Yes. 15 Q. Physically. And did you have individuals who 16 were reporting to you? 17 A. No. 18 Q. Did you report to anyone other than 19 Mr. Hosmer while you were a Manager of Environmental 20 Protection? 21 A. At some point in time, Mr. Hosmer retired, 22 and he was replaced, and I cannot offhand -- I can see 23 him. I can't think of his name right now. 24 Q. Would it be Mr. Throdahl? 25 A. No. That came later. Pierle, Michael (Former Solutia/Monsanto Employee) WATER PCB-SD0000053567 77 1 Q. Okay. 2 A. That's not comforting to know. 3 Q. While you were the Manager of Environmental 4 Protection, we talked a little bit about your Anniston 5 Plant involvement. Did you have any -- any projects 6 or tasks that related to investigating PCB 7 contamination either onsite or offsite at the Anniston 8 facility in this latter part of the '70s when you were 9 Manager of Environmental Protection? 10 A. I don't believe so. 11 Q. Do you recall Congressman Eckhardt's 12 questionnaire being circulated to industry in the late 13 '70s? 14 A. Yes. 15 Q. Did you have an involvement or any role in 16 responding to that questionnaire? 17 A. It seems to me that I helped coordinate the 18 responses back from the plants that were under me at 19 that time, and that -- that I'm placing later in the 20 '70s. Maybe even later. I'm not sure. 21 Q. Well, I was going to skip this exhibit, but 22 maybe it will help get the timing down. 23 (Defendant's Exhibit Pierle 5 was marked 24 for identification.) 25 Q. What I've handed you, Mr. Pierle, is marked Pierle, Michael (Former Solutia/Monsanto Employee) WATER PCB-SD0000053568 78 1 as Pierle Exhibit 5, which is a memo from you dated 2 May 23rd, 1979; correct? 3 A. Correct. 4 Q. To a G. L. Jessee, which I'm assuming is Gene 5 Jessee? 6 A. Yes. 7 Q. Okay. I don't really have any questions 8 about the content because it's not a very substantive 9 memo, but the purpose was the timing in 1979. Would 10 you have had any involvement, at this point in time, 11 with regard to the Anniston Plant and whether or not 12 that facility provided a response to the Eckhardt 13 questionnaire? 14 A. No, I would not have. 15 Q. And do you recall whether, even though it's 16 not within your responsibility, whether the Anniston 17 Plant responded to the Eckhardt questionnaire? 18 A. I do not know. 19 Q. In the text of this memo, there's a reference 20 to MCI. Do you know what that stands for? 21 A. Monsanto Chemical Intermediates. 22 Q. And that's a group within Monsanto within 23 which are the plants that you had responsibility at 24 this time. Is that -25 A. Yes. Pierle, Michael (Former Solutia/Monsanto Employee) WATER PCB-SD0000053569 79 1 Q. -- correct? And at that time Anniston is not 2 part of MCI? 3 A. That's correct. 4 Q. On that CC list, are any of those individuals 5 people you would associate with the Anniston Plant in 6 the 1979/1980 time frame? 7 A. Um, yeah. I think Will Carpenter was the -8 this is a list of DEOs, and I think Will was the DEO 9 for the ag company. 10 Q. What is a DEO? 11 A. It was a -- It was the senior position, 12 Director of Environmental Operations, the senior 13 position at each of the operating companies that 14 existed at that time who was responsible for 15 environmental matters within that operating unit. 16 Q. And I'm sorry. You said you thought 17 Mr. Carpenter had whatever group Anniston was within 18 at that time? 19 A. I think he was the point person for the 20 Agricultural Division or Unit. 21 Q. So if the Anniston Plant was part of 22 Agricultural at that point, Mr. Carpenter may have had 23 some responsibilities relative to Anniston? 24 A. Probably someone working for him. Will's 25 background was really in the registration activities Pierle, Michael (Former Solutia/Monsanto Employee) WATER PCB-SD0000053570 80 1 of pesticides and that, and that's where his knowledge 2 and background was, so he would have had somebody 3 doing plant environmental stuff. He wouldn't have 4 done that himself. 5 Q. Was he located in the general offices in 6 St. Louis? 7 A. Yes. 8 Q. Next, in your previous deposition in this 9 case, you indicated your -- your next position was as 10 Director of Regulatory Affairs starting in 1980; is 11 that correct? 12 A. I believe that's correct. 13 Q. Do you recall when in 1980? 14 A. I do not. 15 Q. And how did your duties and responsibilities 16 change from Manager of Environmental Protection to 17 Director of Regulatory Affairs? 18 A. I -- I got fairly specialized in the water 19 area, and most of that activity was related to, again, 20 for the company at this point in time, so it wasn't 21 just for the operating unit, but dealing with evolving 22 legislation and regulations that might affect the 23 company in the area of water, and most of that was, 24 again, EPA, water discharges, NPDES permitting rules 25 and regulations, and a lot of that work was done in Pierle, Michael (Former Solutia/Monsanto Employee) WATER PCB-SD0000053571 81 1 conjunction with the trade industry group, CMA, MCA at 2 the time I think. 3 Q. And where were you physically located as 4 Director of Regulatory Affairs? 5 A. At the general offices. 6 Q. At this point in time, I think you testified 7 earlier that you were reporting to Monte Throdahl; is 8 that right? 9 A. I believe when I took the position initially, 10 yes, I was reporting to Monte. 11 Q. Did that change at some point while you were 12 still Director of Regulatory Affairs? 13 A. It changed at some point. I believe it was 14 after Monte retired they jiggled things around, and 15 I -- I think Will Carpenter came in for a while, not 16 in Monte's job, but in a different position, to head 17 up all the regulatory affairs areas. 18 Q. Did you have individuals reporting to you as 19 Director of Regulatory Affairs? 20 A. No. 21 Q. Do you recall any specific projects or tasks 22 that related to the Anniston Plant while you were 23 Director of Regulatory Affairs? 24 A. No. I really wasn't dealing with 25 plant-specific issues at that point in time. They Pierle, Michael (Former Solutia/Monsanto Employee) WATER PCB-SD0000053572 82 1 were more general than that. 2 Q. And do you recall any particular regulations 3 or rule developments that had a specific impact that 4 folks at the Anniston Plant were concerned about and 5 elevated those concerns to you? 6 A. No. 7 Q. Do you recall any projects or tasks that you 8 may have had as Director of Regulatory Affairs that 9 related to the handling of PCB discharges or PCB 10 contamination? 11 A. No. 12 Q. Are you familiar with something called the 13 Environmental Control Committee in the 19 -- early 14 1980s time frame? 15 A. Yes. 16 Q. What is the Environment Control Committee? 17 A. Well, it was a -- It kind of changed its form 18 and participation over time, but it basically was a 19 communicating group, coordinating group that met, I 20 believe, monthly, members from the different operating 21 units as well as when there became a corporate staff, 22 corporate staff, and the purpose of that was just to 23 exchange information on what was evolving and 24 developing both -- primarily outside the company with 25 respect to regulations and how they were being Pierle, Michael (Former Solutia/Monsanto Employee) WATER PCB-SD0000053573 83 1 developed and to some extent how they would then 2 impact the plants, but most of that was left 3 individually to the members of the committee to deal 4 with their own operating units. That's a long answer. 5 Basically, it was a coordinating and communicating 6 committee. 7 Q. And were you a participant or a member of 8 that committee? 9 A. At times I was, and times I wasn't. Prior to 10 my job at the -- in the corporate group, I would say I 11 was not a member of the group generally, would have 12 been Des Hosmer, for example, or whoever replaced him, 13 and then I did become -- I think we were -- we were 14 either members or we were able to participate in those 15 sessions after the creation of the corporate staff 16 structure and the corporate job that I went to in 17 1980 . 18 Q. And do you know when the Environmental 19 Control Committee was created? 20 A. Actually, I think the early origins of that 21 went back to the late '60s. 22 Q. Did it have another name in the early days? 23 Do you know? 24 A. I don't -- I think that was pretty much that 25 group's title. Pierle, Michael (Former Solutia/Monsanto Employee) WATER PCB-SD0000053574 84 1 Q. Who chaired that committee in the - in the 2 1980 time frame when you've went into the corporate 3 staff position as Director of Regulatory Affairs? 4 A. Oh, boy! As I recall, I think it was -- At 5 times, it was a rotating chairmanship. At times 6 earlier than that, I think the -- there was an 7 engineering group in corporate that I think sort of 8 was the chair and secretary of that. So it -- it -9 it changed over time. At times the manufacturing 10 people were on it and the directors, the general 11 managers of manufacturing. Then they rotated the 12 chair. 13 Q. And so that we can bracket this time frame as 14 Director of Regulatory Affairs, you had testified 15 earlier that your next position was as Director of 16 Environmental Operations in the 1985 or '86 time 17 frame; is that correct? 18 A. I had -- I was Director of Regulatory Affairs 19 for water and then for water and air for a while, and 20 then for solid waste for a while, and then I became 21 the supervisor of that group for a period of time, and 22 then when the company reorganized in '85, late -- I 23 think it was later in '85, I became the Director of 24 Environmental Operations for the chemical company. 25 Q. So during the time frame 1980 to 1985, if I Pierle, Michael (Former Solutia/Monsanto Employee) WATER PCB-SD0000053575 85 1 understand you correctly, you start out with a focus 2 on water, but you then evolved over time to water and 3 air. You also picked up or switched over to waste - 4 A. Switched. 5 Q. -- topics? 6 A. Yes. 7 Q. And then toward the end you had air, water 8 and waste generally as supervising that whole group; 9 is that right? 10 A. Yeah. And I think that included toxic 11 substance at that time. There were four or five 12 individuals that reported to me then. 13 Q. When you were -- Prior to when you became a 14 supervisor, you did not have people reporting to you; 15 correct? 16 A. That's correct. 17 Q. Okay. 18 (Defendant's Exhibit Pierle 6 was marked 19 for identification.) 20 Q. Mr. Pierle, I've handed you what we have 21 marked as Pierle 6, which purports to be an agenda for 22 one of the Environmental Control Committee meetings 23 that you described that I believe you said they took 24 place monthly or thereabouts in this time frame? 25 A. I believe that's correct. Pierle, Michael (Former Solutia/Monsanto Employee) WATER PCB-SD0000053576 86 Q. And who -- Who is M. L. Mullins? A. Mort. Mort Mullins, and at this time, as I had indicated, he was in the Engineering Department. He was the supervisor of the -- the engineering group we had there, and he was at least a secretary of this group at the time. I don't know whether he was more than that. Q. In August of 1982, would the folks who are listed on the left-hand side be the members of the committee versus the right-hand side, which is the CC list? Or am I -A. Yes . Q. So you're listed as a CC. A. Yes . Q. So my interpretation of that is you were not then a member. A. That's correct. Q. And on this particular exhibit, in the proposed agenda items, number five has a reference to you for two projects. I wanted to ask you about those two. The first is Ex-USA Environmental Audit Program and the second is EPC Groundwater Program. Can you tell me what the Ex-USA Environmental Audit Program refers to? A. We had begun before that a U.S. audit Pierle, Michael (Former Solutia/Monsanto Employee WATER PCB-SD0000053577 87 1 program, I guess, to use that term, that I was 2 instrumental in establishing I think in the 80s, and 3 this was the attempt to basically extend that program 4 to our operations, our overseas operations. 5 Q. All right. You referenced the U.S. program 6 as something you were instrumental in setting up. 7 A. Yes. 8 Q. Was that something you did while you were a 9 Director of Regulatory Affairs? 10 A. Yes. 11 Q. Was that audit program limited to water or 12 air or waste or any other particular - 13 A. No. It was -- Basically covered the -- any 14 environmental governmental requirement areas as well 15 as any internal guideline, worldwide guideline areas. 16 Q. And this is a program that is corporate-wide, 17 not limited to a particular business unit? 18 A. Yes. 19 Q. And what did you do to set up this program? 20 You described yourself as having been instrumental. 21 How did you go about setting it up? 22 A. I think I was tasked to try to figure out, 23 you know, how this might be done, and I worked 24 primarily with some of our people in our financial 25 accounting and audit function area, and we developed a Pierle, Michael (Former Solutia/Monsanto Employee) WATER PCB-SD0000053578 88 1 program I would say based on their sort of principles 2 and processes for conducting environmental audits, 3 which were then at this time then delegated to the 4 operating units to implement. So we developed the 5 audit process, the audit manuals, the how-tos and the 6 details of it, and it was up to the units themselves 7 to basically self-audit and report results of -- of 8 the audits. 9 Q. And who did they report the results of the 10 audits to? 11 A. I think they were primarily to their 12 management, but copies also went to people on the 13 corporate staff and Law Department. 14 Q. Including you? 15 A. It seems to me at some point in time I did 16 get audit reports, or sat in on audit reviews is 17 probably a better -- better description of the role, 18 yeah. 19 Q. What period of time do you recall sitting in 20 on environmental reviews? 21 A. Well, I mean, in -- in the jobs that I had 22 subsequent to sort of this time frame, I would have 23 been sitting in on those reviews all the way up till 24 my appointment as Vice President in '91, and I was 25 certainly aware of, but not participating in those Pierle, Michael (Former Solutia/Monsanto Employee) WATER PCB-SD0000053579 89 1 reviews after that. 2 Q. Okay. During the time that you were 3 participating in the reviews, do you recall any 4 involvement in implementation of an audit relative to 5 the Anniston Plant? 6 A. I don'trecall the specifics. 7 Q. And how was the -- How was the program set up 8 in terms of who would actually conduct the audits? 9 Were they done at the plant level, or was there a 10 corporate level auditing team that went around - 11 A. You know, I think it changed over time. I 12 think it -- it included both members within the unit 13 and members outside the unit. That was fairly typical 14 for the way both -- Well, the financial audits got 15 done by a central group. We did not set up a central 16 group to do that. Safety audits inside the plant at 17 that point in time were pretty much done by a 18 collection of people outside and in the plant, and, as 19 I recall, that's pretty much the way these 20 environmental audits were conducted as well. 21 There were people that were familiar with 22 environmental matters, permits, so they were expert 23 enough in what they were looking at and reviewing to 24 make judgments and to conduct an audit, and the audit 25 results were then communicated, and there were Pierle, Michael (Former Solutia/Monsanto Employee) WATER PCB-SD0000053580 90 1 implementation or improvement plans that were 2 associated with those as well. 3 Q. Were the audit results memorialized into a 4 written report? 5 A. I believe so. 6 Q. Is that a standard form that was developed as 7 part of the program? 8 A. I don't recall the specifics on that. 9 Q. To your knowledge, did that audit program, 10 environmental audit program, change in any way from 11 the time that you first initiated it until your 12 retirement? Well, let's say until you became the vice 13 president and when you no longer sat in on audit 14 reviews? 15 A. I think it stayed pretty much -- pretty much 16 the same. The participation's changed. In -- When I 17 was DEO in chemicals in the late '80s, I think we had 18 a more specific -- because I had all of the people 19 that were working in the various chemical units 20 working for me. I think we had a targeted group 21 focused on audits at -- at that time. 22 Q. Okay. When you were DEC of the Chemicals 23 Group, at that point in time is Anniston within the 24 Chemicals Group? 25 A. Not initially. Pierle, Michael (Former Solutia/Monsanto Employee) WATER PCB-SD0000053581 91 1 Q. At some point they moved into the Chemicals 2 Group? 3 A. Yes. 4 Q. Do you remember when that took place? 5 A. It was I think somewhere in the '87 time 6 period. 7 Q. It was prior to when you assumed the duties 8 as vice president? 9 A. Yes. 10 Q. Do you recall any particular individuals that 11 were involved in the environmental audit teams 12 relative to the Anniston Plant? 13 A. No. 14 Q. You also mentioned that the audit program was 15 looking not just at regulatory programs but at 16 worldwide guidelines. What do you mean by world- 17 worldwide guidelines? 18 A. There was a series of guidelines that were 19 developed. There were six of them, I think, in the 20 mid '70s with the formation of the sort of corporate 21 structure in environmental health and safety, and they 22 dealt with various topics, and there was a set of sort 23 of general guidelines that then became over time more 24 specific. 25 Q. Are they like environmental policy Pierle, Michael (Former Solutia/Monsanto Employee) WATER PCB-SD0000053582 92 1 statements? Or can you - 2 A. There's always -3 Q. -- give me an example? 4 A. Yeah. I mean, that was a question. Are they 5 policy, are they guidelines, or, you know, from a 6 legal standpoint, but they were basically around the 7 areas of water and waste, you know, know what's in 8 your effluence, be in compliance with permits, those 9 sorts of things. There was some in the waste area 10 that got us around the Super Fund evolution that 11 became collection of inventories and management and 12 waste reduction programs. We operated some deep wells 13 during that time for disposal, and there were some 14 guidelines around those activities. 15 So they -- And then there were others in 16 the health and safety area as well, and I believe in 17 the product area. So they were -- they tended to 18 cover all of the areas of performance, if you will, 19 and behavior relative to environmental health and 20 safety matters. 21 Q. Did you have any -- any role in the 22 development of these worldwide guidelines? 23 A. They were initially developed and sort of lit 24 on us, so no. Subsequent to that, because of my 25 position and that in the area, as we would review Pierle, Michael (Former Solutia/Monsanto Employee) WATER PCB-SD0000053583 93 1 those at least biannually and provide status reports 2 and updates, I had a role that varied from a 3 collector, an inputter, to one that was sort of the 4 champion of getting the reviews done and the updates 5 done. 6 Q. Is that something that was taking place when 7 you became the vice president? 8 A. Pretty much, yes. 9 Q. Okay. What we've marked -- The document 10 we've marked as Pierle 6 also makes reference to EPC 11 Groundwater Program. Can you tell me what that is a 12 reference to? 13 A. Yes. Somewhere in, again, in the early '80s, 14 and I don't recall exactly when, I think it was the 15 early '80s, the subject of groundwater as an external 16 issue became more topical. The question became -- And 17 this was post I think the adoption of Super Fund. The 18 question became, okay, we're already looking at a lot 19 of groundwater at waste sites and offsites and that. 20 Do we -- how much do we know? What do we know? Do we 21 know what we ought to know relative to groundwater 22 around operations? 23 And so a program was developed with the 24 help of this engineering department, and we created I 25 think a six-step process for trying to systematically Pierle, Michael (Former Solutia/Monsanto Employee) WATER PCB-SD0000053584 94 1 understand and decide what -- if there were things we 2 thought we needed to know that we didn't know that 3 plans would be put in place to proceed to improve our 4 information base. 5 Q. You say "with the assistance of this 6 engineering department". Are you referring to the 7 corporate Environmental Engineering Department with 8 Mr. Mullins when you said "this department"? 9 A. Yes. It was that department. At some point 10 in time, Mort moved over to work for me in a different 11 area, and I don't know exactly what that sequence or 12 who was involved in leading that group's effort. But 13 they were -- I know they were helpful in evolving the 14 groundwater program within the company. 15 Q. What does "EPC" refer to and "EPC Groundwater 16 Program"? 17 A. EPC was in a -- at that time was the 18 Environmental Policy Committee, and it was constructed 19 of I still think in this time frame the -- at this 20 time they were the senior heads of the businesses, 21 with Monte Throdahl as the basically the chair, and 22 then one of his people was doing the secretarial work. 23 But it was a corporate committee who had the task of 24 overseeing environmental responsibilities within the 25 company. Pierle, Michael (Former Solutia/Monsanto Employee) WATER PCB-SD0000053585 95 1 Q. And you described the members of that 2 committee as business people, not the environmental 3 professionals? 4 A. That's correct. 5 Q. Was there an interplay between the 6 Environmental Policy Committee and the Environmental 7 Control Committee for which Pierle 6 is an agenda? 8 A. Certainly there was -- The matters that would 9 get to the Environmental Policy Committee would 10 typically be reviewed and discussed and may evolve out 11 of the Environmental Control Committee. There was 12 also the DEO, Director of Environmental Operations, 13 had a group, and they represented the head 14 environmental guy in each of the business units, and 15 so that was part of the process, as well. 16 Q. Is there - 17 A. But the guys making the decisions on policy 18 were the Environmental Policy Committee. 19 Q. The group of DEOs that you referenced, is 20 there a committee name associated with that group? 21 A. I don't think so. 22 Q. And did you have any involvement in the 23 establishment of the groundwater program that's being 24 referenced on Pierle 6? 25 A. Yeah. I was, again, sort of I guess the Pierle, Michael (Former Solutia/Monsanto Employee) WATER PCB-SD0000053586 96 1 captain of the group that was evolving that policy. 2 Q. Was that program, in fact, implemented? 3 A. Yes. 4 Q. Was that program still in place when you 5 retired? 6 A. I think it had been pretty much consumed into 7 the -- the overall aspects of the cleanup and control 8 budget processes that were ex-- that were -- that had 9 evolved inside the company. 10 Q. During this time frame, when you were 11 Director of Regulatory Affairs, did you -- Well, let 12 me ask it this way. Do you have an understanding of 13 what a CERCLA Section 103c notification is? 14 A. I did at one time. 15 Q. Do you recall whether you had any roles - 16 any role with respect to the submittal of CERCLA 103c 17 notifications? 18 A. I'd have to -- I'd have to be more recallable 19 as to specifically what those were. 20 Q. And I don't have a document to put in front 21 of you or I would, so I'm assuming you don't have any 22 specific recollection of a 103c notification with 23 regard to Anniston; correct? 24 A. I don't. 25 Q. Do you recall whether the 103c notifications Pierle, Michael (Former Solutia/Monsanto Employee) WATER PCB-SD0000053587 97 1 were handled at the corporate level or at the plant 2 level? 3 A. My guess would be they were handled both 4 places. 5 Q. Working together, the two? 6 A. Well, they would have probably been received 7 at the plant, but on notifications of any kind in the 8 environmental area like that, they would have also 9 included the Law Department. 10 (Defendant's Exhibit Pierle 7 was marked 11 for identification.) 12 MS. LAVEY: Did I give you my highlighted 13 one? 14 MR. NASSIF: Give it to me. 15 MS. LAVEY: Did I highlight yours? It 16 doesn't really matter. 17 THE WITNESS: What was the question? 18 Q. Did I give you a highlighted version? 19 A. Yes. 20 Q. I knew I would do that eventually. 21 Mr. Pierle, we've handed you what is now marked Pierle 22 7, which is purporting to be minutes of one of these 23 Environmental Control Committee meetings in 1982, 24 referencing a meeting in November of 1982. We've 25 already talked about these committee meetings, so I Pierle, Michael (Former Solutia/Monsanto Employee) WATER PCB-SD0000053588 98 1 have very limited questioning. 2 On the second page, number four, in 3 reference to steering committee reports, and you're 4 referenced under "Water" - 5 MS. LAVEY: Bryan, folks on the phone, you 6 need to be on mute. Or not Bryan. Whoever. 7 Q. I'm sorry. Back to Pierle Exhibit 7, under 8 "Water," there's a reference to you in the scheduling 9 of site-by-site groundwater reviews planned for 1983. 10 Is that a reference to the same type of the 11 groundwater program with the six or so step process 12 that we were talking about with regard to the prior 13 exhibit? 14 A. Yes. 15 Q. And were you the one scheduling the different 16 groundwater reviews in this time frame? 17 A. I think I was doing that in conjunction with 18 the people in the business, in the operating units, 19 the environmental people in the operating units. 20 Q. Do you recall if you had direct involvement 21 relative to the Anniston Plant, in a groundwater 22 evaluation or review for that location? 23 A. I don't believe we did. 24 Q. You don't believe anybody did? 25 A. No. I don't believe that -- that we had Pierle, Michael (Former Solutia/Monsanto Employee) WATER PCB-SD0000053589 99 1 actually scheduled or did a review on -- on Anniston. 2 That doesn't mean that they hadn't gone through the 3 process. It just means that there wasn't anything 4 significant for an Anniston review. 5 Q. I'm not sure I understood that. Was there a 6 requirement that all plants at least initiate the 7 groundwater six-step program, or however many steps 8 there were? 9 A. Yeah. I think they all did, but there was a, 10 as I mentioned earlier, there was a decision process 11 whereby you made a decision as to how much you needed 12 to do or what you -- what you knew, and as I recall, 13 there were several plants which Anniston fit in where 14 they felt that they pretty much based -- and according 15 to the plan was based on site history, the setting at 16 the site, whether there were groundwater sources. 17 You -- You could make a judgment that you had what you 18 needed to know. In some cases there were judgments 19 made that we needed to go find more information where 20 there would have been more groundwater at the site or 21 around the site or near the site where you would say, 22 "We probably ought to go understand this more than we 23 do now." 24 Q. All right. And would -- would that only 25 filter up to you if, in fact, those further steps Pierle, Michael (Former Solutia/Monsanto Employee) WATER PCB-SD0000053590 100 1 needed to be taken and you wouldn't really -- and 2 otherwise you would rely at the plant level? If 3 they -- If they reported under this program, "We think 4 we know what's going on on groundwater. We don't 5 think we need to do anymore," is that the end of the 6 program for those -- for that particular plant? 7 A. I think at this stage, and at this stage of 8 the process that would have been sufficient because 9 the plant would have looked at it as well as their 10 people at the company level within, in that particular 11 case, the ag unit would have made a collective 12 judgment that they knew what they needed or they had 13 what they needed at the time. 14 Q. And you didn't have a responsibility at that 15 point in time to agree or disagree or review what 16 those conclusions were? 17 A. Not on each and every -- not on each and 18 every site. I think we were focused on those that - 19 that had more information, more questions, were more 20 complex at the time. 21 Q. Okay. And Anniston just wasn't one of those? 22 A. Not -- I don't recall that it was. 23 (Defendant's Exhibit Pierle 8 was marked 24 for identification.) 25 Q. Mr. Pierle, I'm handing you what we've marked Pierle, Michael (Former Solutia/Monsanto Employee) WATER PCB-SD0000053591 101 1 as Pierle 8, which is another set of minutes from an 2 Environmental Control Committee meeting, dated October 3 17th, 1983. I have a few questions regarding this 4 document. I guess -- I should have asked you this 5 before. Do you recall generally receiving the minutes 6 of these monthly meetings in this time period, 7 1982/1983? 8 A. Yes. 9 Q. For this particular meeting that took place 10 on October 6th, 1983, item one is referring to a Jerry 11 McGuire. Is that a Monsanto employee, do you know? 12 A. Yes. 13 Q. Was he in the engineering group? 14 A. Yes. 15 Q. And this is stating that he published CED 16 Environmental Technology Department (sic.) Report on 17 "Leaking Sewers". Partly, I just want to understand 18 the nomenclature. Is CED Corporate Engineering 19 Department, or what does that stand for? 20 A. I think it was Central Engineering 21 Department. 22 Q. So if I see references to a CED report, 23 that's an internal Monsanto document? 24 A. Yes. 25 Q. Do you have any recollection from this time Pierle, Michael (Former Solutia/Monsanto Employee) WATER PCB-SD0000053592 102 1 period, whether from attending -- well, maybe not 2 attending, but whether from this particular meeting or 3 otherwise, do you have a recollection regarding his, 4 Mr. McGuire's leaking sewers report as a topic of 5 discussion? 6 A. Vaguely. 7 Q. Why -- Do you know why Mr. McGuire was tasked 8 with preparing a report on leaking sewers? 9 A. Only, in general, that as a part of the whole 10 groundwater subject, you know, plants have sewers, and 11 the question was are they -- should we worry or not 12 about sewers being potential sources of leaks that 13 could get into -- into the ground, and I think this 14 report was intended to look at and address that 15 question. 16 Q. Did it reach a conclusion or an answer to the 17 question should we care or not care? 18 A. I believe it did in that it, as it indicated, 19 it precipitated some questions about how can we 20 understand the integrity of sewers at the locations. 21 I think what it -- I recall one of the things it said 22 was that the vitrified clay kind of sewer, which is 23 just pipe together, inherent -- inherently will have 24 some leakage. They're almost designed to leak. And 25 whereas other sewer pipe systems that would be more Pierle, Michael (Former Solutia/Monsanto Employee) WATER PCB-SD0000053593 103 1 continuous pipe, and that would not. So there were - 2 depending upon what you had would be a potential 3 question to look further into, and I think we -- we 4 then took some actions, as it says here, at the 5 Manufacturing Group to try to understand this better. 6 Q. Do you recall whether there were any 7 discussions in connection with this issue regarding 8 sewers that may have carried acid waters versus 9 non-acidic waters? 10 A. I don't recall that. 11 Q. Do you recall whether or not there was any 12 implementation of a study relative to sewer integrity 13 at the Anniston Plant as a response to this -- this 14 work? 15 A. I do not. 16 Q. Do you have a general understanding as to 17 whether all plants were tasked with looking at this 18 question as a result of the work by the Engineering 19 Department Environmental Control Committee? 20 A. I think the general sense was that they 21 should all consider this as they were developing their 22 groundwater program. I don't know that they were 23 individually tasked to go out and do a list of things. 24 I don't recall that ever being the case. 25 Q. Do you recall whether there was any Pierle, Michael (Former Solutia/Monsanto Employee) WATER PCB-SD0000053594 104 recommendation to close older sewers, replacing them with modern sewers that perhaps didn't have the same level of leaking? A. No, I don't. Q. Number three refers to yourself and a gentleman named Earl Brasfield regarding Hazardous Waste Site Cleanup Procedures. Do you know what that's a reference to? 9 A. Yes . 10 Q. What is that? Is that a document or -11 A. Yes . 12 Q. -- a set of procedures in a written form? 13 A. Yes . 14 Q. Is that something that you prepared? 15 A. Initially, I did - - I did not prepare the 16 original document, but I was involved in subsequent 17 reviews and updates of it. 18 Q. What was its intended scope and purpose, this 19 Hazardous Waste Site Cleanup Procedures document? 20 A. It -- It set -- It was developed primarily, 21 as I recall, out of the accounting function, and it 22 was intended to set forth how hazardous waste sites - 23 where financial responsibility would lie for such 24 projects and how -- and how that would be determined 25 and who be involved in those determinations. Pierle, Michael (Former Solutia/Monsanto Employee) WATER PCB-SD0000053595 105 1 Q. Was this a set of procedures that was 2 intended to apply across the company at all 3 facilities, at all plants? 4 A. Yes. 5 Q. Do you have any recollections of any specific 6 implementation of actions pursuant to these procedures 7 at the Anniston Plant in this time frame? 8 A. No. 9 Q. If you turn to the next page, Mr. Pierle, 10 before you get to number four, there's a paragraph 11 that starts, "Also Jerry McGuire, Mike Pierle, George 12 Kupchinski," and so forth have been appointed to 13 something called Hazardous Waste Operations Committee. 14 Do you recall that committee? 15 A. Oh, sort of. 16 Q. What do you recall about the committee in 17 terms of its purpose or scope? 18 A. Well, at this time, again, in '83, I think I 19 had moved over to the regulatory management role for 20 solid hazardous waste, and this was, again, I think 21 primarily an effort by this group to sort of monitor 22 and communicate and coordinate what we were doing 23 across the company relative to hazardous waste 24 activities. 25 Q. Do you recall any of the responsibilities or Pierle, Michael (Former Solutia/Monsanto Employee) WATER PCB-SD0000053596 106 1 projects relating specifically to the Anniston Plant 2 or its hazardous waste management activities? 3 A. No. 4 Q. And who is Lloyd Boesch, B-O-E-S-C-H? 5 A. Lloyd was a General Manager of Manufacturing 6 in, again, one of the units at that time. 7 Q. Would this committee -- I'm sorry. I 8 apologize if you explained this to me already. But 9 for this particular committee, was this within one 10 particular operating group, or would this have been 11 company-wide ? 12 A. The operations committee? 13 Q. Yes. 14 A. That would have been -- Well, since it was 15 first ap-- or just appointed, you know, it's hard to 16 tell what its charter was at that point in time 17 without reading it. 18 Q. If you turn a couple of pages, I want to ask 19 you, when you get -- there's a page called "Background 20 Overview of Groundwater Investigations," and I'm 21 wondering if this seven-part program here is what you 22 were describing earlier as the EPC Groundwater Program 23 you spoke of? 24 A. Yeah. I was thinking six, but seven could be 25 the correct, yes. Pierle, Michael (Former Solutia/Monsanto Employee) WATER PCB-SD0000053597 107 1 Q. Okay. So this is the same program that we 2 talked about? 3 A. Those are the elements of the program, that's 4 correct. 5 Q. Okay. And if you go two more pages, you'll 6 see a Groundwater Program Progress Chart, and if 7 you're able I wanted you to explain to me what it 8 means relative to Anniston, which is under MAP, which 9 I'm assuming is Monsanto Agricultural Products - 10 A. I believe so. 11 Q. --at this time? And Anniston carries with 12 it a dotted line all the way over to "long-term 13 monitoring". Does that mean that Anniston, under this 14 program, has made its way through each of these seven 15 already or that the plan is to go through all seven, 16 if you know? 17 A. Well, I think that -- that would say that 18 their determination was that they were already in a 19 long-term monitoring program. 20 Q. Okay. And these headings, these seven 21 headings here, match up with the seven... 22 A. Steps. 23 Q. Steps; correct? 24 A. Yes. 25 Q. Okay. All right. That's all I had on that. Pierle, Michael (Former Solutia/Monsanto Employee) WATER PCB-SD0000053598 108 1 I just wanted you to help me explain that page. 2 A. Uh-huh. 3 MS . LAVEY: How are we doing on tape? 4 MR. PERRY: 11 minutes. 5 (Defendant's Exhibits Pierle 9 and 10 were 6 marked for identification.) 7 Q. Mr. Pierle, I'm marking -- I'm handing you 8 what has been marked Exhibits 9 and 10, and the reason 9 there are two is because in searching through 10 documents that were produced to us, I'm -- the cover 11 page comes in out of order with a different Bates 12 number, but I'll ask you, first of all, whether a 13 document from 1984 titled "History of Monsanto's 14 Medical/Industrial Hygiene Function" is a document 15 that you have had occasion to see before. 16 A. I believe I have. 17 Q. Do you know in what context you saw it 18 previously? 19 A. I think it was shown to me in one of the 20 depositions. 21 Q. Do you recall reviewing it prior to a 22 deposition? 23 A. No. 24 Q. If you look at the first page of Pierle 10 25 and compare it to Pierle 9, would you agree with me, Pierle, Michael (Former Solutia/Monsanto Employee) WATER PCB-SD0000053599 109 1 if you can, that what's marked as Pierle 9 is, in 2 fact, the cover page of what's marked as Pierle 10? 3 MR. NASSIF: Objection, lack of 4 foundation. 5 Q. If you know. 6 A. I don't know. 7 Q. If you look at the footer on Pierle 9 that 8 says "JLM/5-15-84," that matches up, does it not, with 9 what's on Pierle 10? 10 A. Well, you said JLM. 11 Q. JLH, I'm sorry. 12 A. It does. 13 Q. Do you -- Who is John Henshaw? 14 A. John was a Certified Industrial Hygienist 15 and -- in the Department of Medicine & Environmental 16 Health at the company. 17 Q. Did you know Mr. Henshaw? 18 A. Yes. 19 Q. Do you have any understanding or knowledge as 20 to why Mr. Henshaw was putting together this, we'll 21 just talk about Pierle 10, putting together Pierle 10? 22 A. No, I do not. 23 Q. Do you believe Mr. Henshaw was a qualified 24 individual in his job as a Certified Industrial 25 Hygienist at Monsanto? Pierle, Michael (Former Solutia/Monsanto Employee) WATER PCB-SD0000053600 110 1 MR. NASSIF: Objection, lack of 2 foundation, calls for speculation on the part of the 3 witness. 4 MS. LAVEY: He has to speculate as to 5 whether -- what he thought about Mr. Henshaw? 6 MR. NASSIF: He has to speculate about 7 whether he was a qualified industrial hygienist. He 8 doesn't have any background to know what a qualified 9 industrial hygienist constitutes. 10 Q. (By Ms. Lavey) Did you personally believe, 11 Mr. Pierle, that Mr. Henshaw did a good job for 12 Monsanto in his -- in his role? 13 A. Yes. 14 Q. As you look at this document, I will 15 represent to you that when you provided a deposition 16 during the Aetna litigation as a -- as an expert, and 17 I recognize you don't recall that, your expert 18 information specifically referred to this document as 19 something you were relying upon. Does that refresh 20 your recollections at all as to whether, A, you did 21 provide an expert report, or, B, had occasion to 22 review this document in the past? 23 A. It does not. 24 Q. Okay. You can set that aside. 25 MR. PERRY: Five minutes. Pierle, Michael (Former Solutia/Monsanto Employee) WATER PCB-SD0000053601 Ill 1 MS . LAVEY: Why don't we take a break? 2 MR. PERRY: Off the record at 11:45. 3 (Whereupon, there was a brief recess.) 4 MR. PERRY: We're back on the record at 5 11:52. This is video tape number three. 6 (Defendant's Exhibit Pierle 11 was marked 7 for identification.) 8 Q. Mr. Pierle, I'm going to hand you what I've 9 marked as Exhibit 11, which is a letter on Monsanto 10 letterhead 1985 from a Georgene Grimm to an Adam Ross, 11 and you were BCC'd I believe, at the bottom of this 12 letter; correct? 13 A. Correct. 14 Q. Do you recall, in this time frame, working on 15 notifications under the EIL insurance policy? 16 A. I was aware that we had a process for -- for 17 doing those notifications. 18 Q. Did you have any involvement in that process, 19 or is it just something you're generally aware of? 20 A. I think it was -- it was more of the latter. 21 Q. And in 1985, you were -- did you become 22 Director of Environmental Operations at that point for 23 the chemical company? 24 A. I don't believe so yet. I think that 25 happened later in the fall. I think at this time I Pierle, Michael (Former Solutia/Monsanto Employee) WATER PCB-SD0000053602 112 1 was still the Director of Regulatory Management for 2 all of the regulatory functional areas. 3 Q. When you had picked up air, water, waste and 4 toxic substances? 5 A. Yes. 6 Q. Do you know under the BCC if the note there 7 is addressed to -- to you asking for you to review and 8 advise? 9 A. Yes. I believe that was the intent of that. 10 Q. Did you routinely review these types of 11 updates that are attached here to the June 14th, 1985, 12 letter? 13 A. I don't specifically recall whether I did 14 these or whether I, you know, then had someone working 15 for me do those. I just don't recall. 16 Q. And that was going to be my next question. 17 How would you go about compiling or having the 18 information in hand in order to review information on 19 all these different facilities? You don't have a 20 specific recollection? 21 A. No. 22 Q. -- today? 23 A. No. 24 Q. Who is P. S. Park, the other BCC individual? 25 A. He was the -- our environmental attorney. Pierle, Michael (Former Solutia/Monsanto Employee) WATER PCB-SD0000053603 113 1 Q. In-house? 2 A. Yes. 3 Q. On the first page of the attachment, so 4 that's page two of what is marked as Exhibit 11, the 5 Anniston Plant is listed again under MAP, which I'm 6 interpreting to mean that means at that time Anniston 7 is part of the Agricultural Products Group; correct? 8 A. Yes. 9 Q. Or Agricultural Products Company? 10 A. Yes. 11 Q. For Anniston, Alabama, the statement is, 12 "Leakage into groundwater from closed landfill 13 operations." Do you have any recollection today as to 14 what that is referring to? 15 A. No. 16 Q. Do you have an understanding as to the 17 landfill or landfills present in the 1980s in 18 Anniston? 19 A. Yeah. I knew there was a landfill, and I 20 think the status at this time was it was closed. I'm 21 not a hundred percent certain of that. I'm thinking 22 that it was. And -- Yeah. I don't remember. 23 Q. Do you remember with respect to the Anniston 24 Plant something called the West End Landfill versus 25 the South End or the South Landfill? Pierle, Michael (Former Solutia/Monsanto Employee) WATER PCB-SD0000053604 114 1 A. I -- I remember some designations. I'm 2 not -- I'm not that familiar with which is which. 3 Q. I probably should have asked you this 4 earlier, but have you ever visited the Anniston Plant 5 during your -- either during or after your employment 6 with Monsanto? 7 A. During. 8 Q. During. About how many occasions did you 9 visit the Anniston Plant? 10 A. Oh, I would say less than a handful. 11 Q. And do you recall when that took place or 12 under which job description, job position you held 13 that you made those visits? 14 A. Yeah. I -- It seems to me they -- they were 15 during the time period, which would have been in the 16 late '80s, when I was the Director of Environmental 17 Operations, and then some time later when I was the VP 18 at Solutia, I believe. 19 Q. Do you remember the circumstances of any of 20 those less than handful number of visits? 21 A. The one I recall, we were -- it was to 22 basically familiarize myself with the area and the 23 offsite areas that had come under some of our 24 investigation in the home areas and communities, and 25 at one of the times we were also in the process of Pierle, Michael (Former Solutia/Monsanto Employee) WATER PCB-SD0000053605 115 1 constructing the stormwater retention basin, and I 2 remember that construction being pretty far along. I 3 for get the exact time frame of that. 4 Q. Would that be the stormwater construction 5 project to the east of the plant, the so-called East 6 Side projects? You don't know? 7 A. I'm not familiar with direction down there. 8 Q. Do you know if it was in more of a 9 residential area or associated with diverting 10 stormwater around the South Landfill? 11 A. I think it was pretty contiguous with the 12 plant site, as I recall, on plant properties where 13 some of the construction was being done. I don't 14 recall what specifically it was intercepting or 15 bringing into -- into that. 16 Q. And what was the reason for your visit? You 17 said it was just to familiarize yourself with the 18 area; is that right? 19 A. Yes. 20 Q. Is that the first visit that you made to the 21 Anniston Plant, or is that just the one that sticks 22 out in your mind? 23 A. I just remember that physical activity 24 ongoing at that time. 25 Q. And the first time you went to the Anniston Pierle, Michael (Former Solutia/Monsanto Employee) WATER PCB-SD0000053606 116 1 facility I believe was in the late 1980s during your 2 time as a DEO for the chemical company? 3 A. I believe so, yes. Yeah. 4 Q. Do you remember the circumstances of any of 5 your other visits other than the one you just relayed? 6 A. I think I was there once later or when I was 7 the Monsanto, VP at Monsanto. I was a member of The 8 Manufacturing Council, and it would once or twice a 9 year go to a plant to just hold its meeting at a plant 10 site and visit with the plant people, and it's -- and 11 I believe we did visit, but that was, you know, very, 12 very generic. 13 Q. The purpose of that visit was not to review 14 or evaluate the environmental remediation activities? 15 A. No. No. 16 Q. In what year did you become the Vice 17 President, Environment Safety & Health for Monsanto? 18 A. 1991. 19 (Defendant's Exhibit Pierle 12 was marked 20 for identification.) 21 Q. I'm going to hand you what I've marked as 22 Pierle 12. Let me ask you if this is a document 23 you've seen before. 24 A. Yes, it is. 25 Q. Okay. And that's your -- Is that your Pierle, Michael (Former Solutia/Monsanto Employee) WATER PCB-SD0000053607 117 1 signature at the bottom as one of the authors? 2 A. Yes. 3 Q. Do you know if you actually wrote this report 4 or just signed off on it? 5 A. Well, I think we jointly wrote it. I don't 6 know who started first, but between Denny and I we 7 both wrote that document. 8 Q. And Denny, is that D. B. Redington? 9 A. Dennis Redington. 10 Q. Okay. And who is Dennis Redington? 11 A. At the time, he was the -- basically the - 12 the Environmental Manager, Manager of Environment for 13 the Ag Unit. 14 Q. Was he -- I'm sorry. Is he -- Does that make 15 him a counterpart to yours when you were the Director 16 of Environmental Ops, Operations in Chemical, he was 17 that counterpart in Ag, or did I misunderstand? 18 A. He was not the equivalent job or position to 19 what I had. 20 Q. And what is being referred to here, there is 21 a discussion of transferring management responsibility 22 for the plant from MAC to MCC. So just to make sure I 23 understand, that's moving Anniston from the 24 agricultural company over to the chemical company; is 25 that right? Pierle, Michael (Former Solutia/Monsanto Employee) WATER PCB-SD0000053608 1 A. Correct. 118 2 Q. So this would pin down that time frame into 3 the early 1987 when that occurred? 4 A. Yes. 5 Q. So essentially responsibilities are moving 6 from Redington over to either you or people in your 7 group? 8 A. That's correct. 9 Q. Do you recall the preparation of this memo in 10 particular? 11 A. Yes. 12 Q. Do you remember having a meeting to discuss 13 this transition in February of 1987? 14 A. I don't recall whether we had a meeting or 15 just exchanges of information. 16 Q. Did you have any concerns relative to the 17 environmental status at the Anniston Plant with its 18 movement from agricultural company over to chemical 19 company? 20 A. I felt that this memo adequately described 21 what was known in the work that was ongoing at the 22 plant site and represented what I think we felt was 23 the work that, you know, was in progress and needed to 24 be done at the site. 25 Q. So this -- Pierle, Michael (Former Solutia/Monsanto Employee) WATER PCB-SD0000053609 119 1 A. And represented the financial accounting for 2 those projects. 3 Q. This was more of an information-sharing 4 opportunity in terms of so that you would understand 5 the status going forward? 6 A. Well, it was to understand the status and to 7 accept that this was a reasonable expectation of what 8 the financial disclo-- or the financial, not 9 disclosures, but the financial obligations would be 10 relative to the Anniston Plant. 11 Q. The third paragraph in the first sentence 12 states, "A number of future potential environmental 13 issues were identified, which will require continued 14 monitoring and sensitivity." Do you recall what the 15 future potential environmental issues were that were 16 identified? 17 A. Not -- Not probably other than what I would 18 anticipate on these -- on these pages. 19 Q. You're referring to the subsequent outline 20 bullets? 21 A. On the -- On the other pages, yeah. 22 Q. Okay. On the second page, which is the back 23 side of the first page of the exhibit, there's a 24 reference to under number three -- Well, first of all, 25 let me back up. The top of this says "Worldwide Pierle, Michael (Former Solutia/Monsanto Employee) WATER PCB-SD0000053610 120 1 Guideline Status". Would these track against those 2 worldwide guidelines you were describing earlier, the 3 number one, two, three, five? 4 A. Yes. 5 Q. And number three is referring to the first 6 bullet, the last environmental audit, April 1985. 7 What was the frequency of environmental audits under 8 the audit program? 9 A. I think they -- they varied, but they were 10 typically in the two to three year time frame. They 11 could be longer, though, if the -- you know, at the 12 smaller plants that were relatively simple, and they 13 would be shorter depending upon the results of the 14 last audit and sort of the number of outstanding 15 issues, but I would say generally it was in the two to 16 three year time frame. Some could go as long as five. 17 Q. The next part of this exhibit is a two-page 18 sheet called "Anniston Environmental Review, 19 Environmental Elements of Site Consolidation, " and the 20 first item is "Dismantlement". Do you -- Did you have 21 any personal involvement in the dismantlement 22 activities that are identified here? 23 A. No. 24 Q. Would you have provided any direction on the 25 implementation of these various activities? Pierle, Michael (Former Solutia/Monsanto Employee) WATER PCB-SD0000053611 1 A. No. 121 2 Q. This is something in your view that would 3 have been done at the plant level? 4 A. Yes. 5 Q. And you're just being provided the 6 information - 7 A. Yes. 8 Q. -- as a status report? The first bullet 9 refers to four PCBs transformers as part of this 10 dismantlement item. Do you know if there was a 11 corporate-wide policy in this time frame to either 12 eliminate or retrofit PCB transformers at Monsanto's 13 facilities ? 14 A. Yes, there was. 15 Q. And what level within the company did that 16 policy exist? 17 A. I'd say the senior levels. 18 Q. Company-wide or operating division? 19 A. Company-wide. 20 Q. Okay. When was that policy put into place, 21 if you know? 22 A. I don't recall. 23 Q. Was there an individual -- Were there -- Was 24 there a team of people who were charged with 25 implementing that, that instruction to retrofit or Pierle, Michael (Former Solutia/Monsanto Employee) WATER PCB-SD0000053612 122 1 remove PCB transformers? 2 A. This was, again, work that would have been 3 done at the individual locations based upon the 4 ability to -- to do that. As I recall, some of them 5 were fairly simple to do and some of them were much 6 more complex that were integral to the operations, but 7 there was a general policy said -- that said we'd work 8 our way out of PCB transformers at the manufacturing 9 sites. 10 Q. Was there any particular impetus to the 11 initiation of that policy that you recall? 12 A. I think other than recognizing that, you 13 know, it was going to be more and more difficult to 14 get PCBs and transformers and that and that it was 15 sort of a good thing to do from a business standpoint 16 to plan for these removals rather than come up against 17 some sort of date where you might be forced to do it. 18 Q. Okay. Under number two, "RCRA Closures," 19 there are two listed here, limestone bed and landfill. 20 Did you have any personal involvement in either of 21 these RCRA closure projects? 22 A. No, not personally. 23 Q. Do you have an awareness of the limestone bed 24 RCRA closure? 25 A. I think as these projects transferred, as Pierle, Michael (Former Solutia/Monsanto Employee) WATER PCB-SD0000053613 123 1 this transferred over, these kind of go on this list 2 of future things and issues to deal with, and they 3 would have been closed sort of under the chemical 4 company's auspices, but I wouldn't have personally 5 been involved with those, but they would have been in 6 our overall budget and financial sequence. 7 Q. And who -- Did you have individuals working 8 for you at this point in time in February of 1987? 9 A. Yes. 10 Q. Okay. And how many people were working for 11 you at that time? This is as the Director of 12 Environmental Operations at Chemical. 13 A. It varied, so right at that specific time it 14 was somewhere between four and seven. 15 Q. Did any of those individuals have particular 16 responsibility relative to the Anniston Plant? 17 A. Well, as it transferred over, I think that 18 came under Mike Foresman's area. 19 Q. And at that point in time that you're 20 describing, when Anniston moved from Agricultural over 21 to Chemical, was Mr. Foresman working for you at that 22 time? 23 A. Yes. 24 Q. And so he had been within the chemical 25 company? Pierle, Michael (Former Solutia/Monsanto Employee) WATER PCB-SD0000053614 1 A. Yes. 124 2 Q. Would the folks at the -- the environmental 3 folks at the plant then report to Mr. Foresman, or did 4 he just have sort of a helper role with respect - 5 A. Yes. 6 Q. -- to plant environmental activities? 7 A. They would - 8 MR. NASSIF: Object to the form. Go 9 ahead. You can answer. 10 A. They would -- They would have reported into 11 the -- The plant people would have reported into the 12 Plant Manager, somewhere in his structure, probably 13 not directly, but somewhere into the plant structure, 14 and Mike's role would have been, again, generally as a 15 manager to help them relative to their projects and 16 other plants on what they were doing in the 17 environmental compliance area. 18 Q. Did the folks at the Anniston Plant in the 19 time frame of the late 1980s, prior to your position 20 as vice president, did the plant environmental people 21 have authorization to proceed with environmental 22 projects and spending of money to undertake those 23 projects without having to go up the chain in 24 corporate for approval? 25 A. They may have. Pierle, Michael (Former Solutia/Monsanto Employee) WATER PCB-SD0000053615 125 1 Q. Do you know if they did or if there was some 2 dollar threshold where it would rise either to 3 Mr. Foresman or to you for approval? 4 A. Some projects would have required approval 5 and some would have just been -- we would have been 6 aware of, and those rules kind of changed over time, 7 but for the most part, the projects at the plant sites 8 were executed there, and the responsibilities, so long 9 as they were part of a continuing business, were 10 pretty much theirs to pay for. If they were not part 11 of a continuing business, then we tended to bring 12 those into either a company, and at one point in time 13 a corporate budget finance structure. 14 Q. Okay. If you turn to the back side of this 15 exhibit, the last page, there's on number five a 16 reference to PCB removal, Snow Creek. Do you have any 17 recollections of PCB removal activities in snow creek 18 that are being discussed here in the 1980 -- February 19 1987 time frame? 20 A. I -- I recall kind of generally there were 21 some issues. There was an issue ongoing I think at 22 the time with the Attorney General that wasn't 23 resolved, but the reference to the ERAP basically said 24 it was being provided for or accounted for within that 25 financial program. Pierle, Michael (Former Solutia/Monsanto Employee) WATER PCB-SD0000053616 126 1 Q. That was going to be my next question, what 2 ERAP stood for and what it means. Is that an acronym 3 for something? 4 A. I think it's, and I could be wrong here, but 5 Environmental Remedial Action Plan. 6 Q. And you indicated that was a different source 7 of funding; is that right? 8 A. Well, it was a different -- not necessarily. 9 It was an attempt -- You recall back to the earlier 10 discussion about the '83 Fitzgerald hazardous waste 11 plan document. This was what evolved from that, which 12 was an accounting methodology basically to track all 13 the projects for which we had some cleanup, closure, 14 monitoring activity associated with. 15 Q. Do you know why under number three, the RCRA 16 remedial action for the limestone bed and old landfill 17 cells, why those would not have been part of what you 18 just described as ERAP? 19 A. I do not. And they may have been, too, is 20 the other part of that. 21 Q. Okay. All right. So in 1991, then that's 22 when you became Vice President, Environment, Safety 23 and Health; correct? 24 A. Correct. 25 Q. And at that time it was for Monsanto, but I Pierle, Michael (Former Solutia/Monsanto Employee) WATER PCB-SD0000053617 127 1 understand you continued in essentially the same role 2 under Solutia; is that right? 3 A. Yes. 4 Q. No changes in your duties or responsibilities 5 other than perhaps your line of report between the 6 Monsanto days and the Solutia days? 7 A. Yeah. And, of course, the businesses 8 changed. 9 Q. But you would have had Anniston within your 10 framework under Monsanto, and you still had 11 Anniston -12 A. Yes. 13 Q. -- after the spin-off with Solutia; correct? 14 A. Yes. 15 Q. Before you became the Vice President of 16 Environment, Safety and Health at Monsanto in 1991, 17 was there -- was that a new position, or was there 18 someone, an individual in that position prior to you? 19 A. There was a prior individual. 20 Q. And who was that? 21 A. James Singer. 22 Q. Had he retired when you took on that 23 position, or did he move over to Monsanto when you 24 moved -- I'm sorry. Scratch that. Bad question. Did 25 he retire at that point when you became vice Pierle, Michael (Former Solutia/Monsanto Employee) WATER PCB-SD0000053618 128 1 president? 2 A. Yes. 3 Q. Describe for me generally what your duties 4 and responsibilities as Vice President, Environment, 5 Safety and Health were, beginning in 1991. 6 A. Well, they were to coordinate policy, both to 7 develop and evolve and get approved environmental 8 policy within the company. We were responsible for 9 oversight in the audit areas to make sure that, you 10 know, programs were being implemented, and we were 11 primarily responsible for a lot of the environmental 12 interfaces with both the federal government as well as 13 the regional EPA offices, environmental groups, and we 14 were the spokesperson in this group for Monsanto on 15 environmental health and safety issues. 16 Q. And as vice president in 1991, I assume you 17 had a group of people reporting to you; right? 18 A. Yes. 19 Q. About how many people? 20 A. Oh, again, I would say somewhere between five 21 and seven. 22 Q. Did different individuals reporting to you 23 have sort of an allocation of responsibility for 24 different business units or facilities? 25 A. They tended to be by subject matter. For Pierle, Michael (Former Solutia/Monsanto Employee) WATER PCB-SD0000053619 129 1 example, the regulatory people in air and water 2 reported to me. The head of the -- The Director of 3 Safety reported to me. The Medical Department 4 reported to me. So it tended to be functional or in 5 specialty areas. 6 Q. There was a Remediation Group or something 7 that had company-wide remediation responsibilities 8 that was reporting to you? 9 A. Not at that time. 10 Q. Did there come a point in time where 11 Remediation did report to you? 12 A. Yes. 13 Q. And when did that occur? 14 A. It was -- I think it was more towards the '96 15 time frame when the company underwent another 16 reorganization, and all of the staff departments, not 17 just Environmental Health and Safety, were put into 18 staff units where -- So for Environment Health and 19 Safety, all of the company staff were collapsed 20 into -- in and under me to service. They were 21 basically support service organizations to support all 22 of the business units. 23 Q. And prior to that reorganization, the 24 remediation responsibility that was not yet in your 25 group, was that function in somebody else's group? Pierle, Michael (Former Solutia/Monsanto Employee) WATER PCB-SD0000053620 130 1 A. It was still in each of the operating 2 companies. 3 Q. All right. So during that - 4 A. Prior to -- We were talking around 1996. 5 Q. Prior to the 1996 restructuring. 6 A. Correct. 7 Q. So from 1991 to 1996, you would not have had 8 remediation responsibility for, say, legacy 9 liabilities at different manufacturing plants? 10 A. Yeah. There -- And, again, that date is - 11 I'm not certain whether it was late '95, or '95 or 12 '96, because there was a couple of staff reiterations 13 in there that changed that. But, ultimately, before 14 the company split up, I had the responsibility for all 15 of the -- for all of the cleanup projects again that 16 were not part of any of the ongoing businesses. 17 Q. When you say "not part of an ongoing 18 business," how would the Anniston remediation 19 activities fit in what you just described? 20 A. That would have not been a continuing 21 business. It would have been under me. 22 Q. And so it's not that the plant was not 23 continuing; it's that the Aroclor manufacturing had 24 ceased? 25 A. Yes. Pierle, Michael (Former Solutia/Monsanto Employee) WATER PCB-SD0000053621 131 1 Q. And that's why it was within you? 2 A. Yes. 3 Q. Your group? At the point in time where this 4 restructuring took place sometime prior to the Solutia 5 spin-off, who within your group reported to you on the 6 remediation side? 7 A. Yeah. There was -- And that's why I was 8 cautious on the timing. There was a time after that 9 staff reorganization where it did not report to me for 10 about a year, but then when it did, Mike Foresman was 11 the -- the service leader over that group. 12 Q. Okay. Who was Bruce Yare? 13 A. Bruce was a long-time hydrogeologist in the 14 Engineering Department for a long period of time, and 15 then I think he became part of this services entity as 16 well, but did a lot of the technical -- He was our 17 in-house technical expert that interfaced quite 18 substantially with the outside hydrogeology community 19 and contractors that we had at sites. 20 Q. Was he at some point reporting to 21 Mr. Foresman? 22 A. Well, either directly or indirectly. 23 Q. Okay. Was there anybody else in your group 24 besides Mr. Foresman between 1991 and 1999 when you 25 retired who had remediation responsibilities relating Pierle, Michael (Former Solutia/Monsanto Employee) WATER PCB-SD0000053622 132 1 to the Anniston Plant? 2 A. Not as a direct report. I don't recall how 3 Mike split up his duties and responsibilities, but he 4 had a series of sort of project managers, and there 5 would have been somebody in there that was dealing 6 with that. I don't -- I don't recall what that -- who 7 that person was. 8 Q. But nobody else had direct report to you? 9 A. No. 10 Q. Were there any projects from '91 to '99 11 relative to the Anniston remediation for which you 12 took on supervisory responsibility? 13 A. Personally? 14 Q. Yes. 15 A. No. 16 Q. Did you do -- Did you take on supervisory 17 responsibility directly at any other remediation 18 projects for month and then Solutia, or is that just 19 something that in your role as VP that's not something 20 you would have done, whether it's Anniston or any 21 other facility? That's probably a bad question. 22 A. You asked two questions. The first answer 23 was no, and the second answer was I agree with what 24 you said. 25 Q. Okay. Pierle, Michael (Former Solutia/Monsanto Employee) WATER PCB-SD0000053623 133 1 A. I did not take on -2 Q. I know what you meant. 3 A. I did not take on any direct project 4 management responsibilities. 5 Q. Now, did you have any responsibilities 6 relative to the spin-off of the chemicals business to 7 create Solutia? 8 A. I'm not sure what you mean by that. 9 Q. Were you involved in the allocation of how 10 environmental liabilities were going to be handled -11 A. Yes. 12 Q. -- as between Monsanto and Solutia? 13 A. Yes. 14 Q. And what was your involvement in that? 15 A. I was the leader of the couple of us that 16 worked through that process and made recommendations 17 to another senior team about how that would be done. 18 Q. And what did you do in order to implement 19 that task? Did you have to evaluate each of the 20 different types of environmental liabilities that were 21 out there, make a decision? And, if so, based on what 22 factors? 23 A. Yeah. Now, you asked a compound question. 24 I'm not sure -25 Q. Let me back it up. Let's just talk about Pierle, Michael (Former Solutia/Monsanto Employee) WATER PCB-SD0000053624 134 1 Anniston since that's the one I'm interested in. 2 Obviously, the Anniston Plant legacy environmental 3 liabilities ended up with Solutia, and I certainly 4 know that. Were you involved in the decision or the 5 process by which the Anniston Plant environmental 6 liabilities associated with PCBs were allocated to 7 Solutia versus Monsanto? 8 A. Yes. 9 Q. And how was that decision made? 10 A. Well, as I said, the -- I worked on what 11 would be sort of a generic set of decision parameters 12 that were approved by a committee that was set up to 13 deal with a whole host of separation issues. This was 14 just one of them. And we dealt with it at, again, 15 sort of a generic decision-making level, and then we 16 assigned -- based upon those decisions we assigned the 17 individual projects into either the Monsanto camp or 18 the chemical company camp, or the Solutia or the 19 Monsanto side. 20 Q. And since PCBs are no longer being 21 manufactured, why would that end up under Solutia 22 instead of Monsanto? Is it just because it was part 23 of the chemicals company at one point? 24 A. Yes. 25 Q. Did you engage in a process to quantify the Pierle, Michael (Former Solutia/Monsanto Employee) WATER PCB-SD0000053625 135 1 amount of the liabilities associated with PCB 2 investigation, contamination at Anniston as part of 3 that divvying up? 4 A. No. We had -- We had gone through annual 5 reviews of that for purposes of financial, external 6 disclosure and whatever the 10K or documents are, and 7 we felt that the information -- And those were updated 8 quarterly, so we felt that that process was 9 satisfactory, that we didn't have to go back and 10 re-examine numbers, so we took the numbers out of that 11 ERAP plan, if you will, and assigned these 12 decision-making criteria and then looked at each 13 project and put them in A or -- A or B, Solutia or 14 Monsanto. 15 Q. Now, what was your involvement, not with the 16 Solutia spin-off, but with you mentioned the quarterly 17 reviews for disclosure purposes, financial accounting, 18 and the annual reviews. What -- As the Vice President 19 of Environment, Health and Safety, what was your role 20 in putting together the environmental disclosures and 21 the associated estimated costs, if costs were 22 included? 23 A. Well, the cost came out of this ERAP process, 24 which was everybody that was involved in projects had 25 the responsibility to update and keep those current, Pierle, Michael (Former Solutia/Monsanto Employee) WATER PCB-SD0000053626 136 1 and we did review those at least once a year prior to 2 the annual report, typically in conjunction with 3 budgets and next year's financial projections, and the 4 actual and specific wording, though, typically was 5 developed by somebody in the Law Department. I think 6 they had the lead on developing the financial 7 disclosure documents, annual reports, and then I would 8 get the opportunity to review that language and 9 comment, and that language, of course, included those 10 numbers that they were able to pull out of those 11 reports. 12 Q. Okay. Who is J. G. Gnandt, G-N-A-N-D-T? Do 13 you know? 14 A. He was a -- He was in the accounting 15 controllership function, and, I mean, he at one time 16 had -- he was a business -- in the business, and at a 17 time I think he was looking over and helping us with 18 respect to remedial projects as well. So he had 19 responsibility over the environmental accounting area, 20 if you will. 21 (Defendant's Exhibits Pierle 13 and 14 22 were marked for identification.) 23 Q. I'm going to hand you what I'm marking as 24 Pierle 13 and 14. 25 MS. LAVEY: This is 13; this is 14. Pierle, Michael (Former Solutia/Monsanto Employee) WATER PCB-SD0000053627 137 1 MR. NASSIF: Thank you. 2 Q. I've handed you what's been marked as 3 Pierle 13, which is an 11 -- I'm sorry -- a November 4 13th, 1995, letter signed by you to ATSDR; correct? 5 A. Yes. Well, somebody signed it for me. 6 Q. Okay. That's not your signature? 7 A. No. I don't believe so. 8 Q. Okay. Would they have signed -- They would 9 have signed the letter with your authorization, I 10 assume? 11 A. Yes. 12 Q. And the second document, Pierle 14, is a 13 letter to you from the Department of Health & Human 14 Services, ATSDR. Looking at these two letters, do you 15 recall having discussions or meetings with ATSDR 16 regarding Anniston, the Anniston Plant and PCB issues? 17 A. I do recall visiting ATSDR. My recollection, 18 it was not so specific to Anniston, but it was, in 19 general, related to ATSDR's role in health studies at 20 Super Fund sites. 21 Q. And why were you -- Why were you having those 22 meetings or meeting, singular or plural, I'm not sure 23 how many you said? 24 A. As I said, I forget the evolution of this, 25 but ATSDR had taken on an evolving and developing role Pierle, Michael (Former Solutia/Monsanto Employee) WATER PCB-SD0000053628 138 1 with respect to health studies at sites. I think we 2 had encountered them at other site locations, and our 3 specific sort of interest there was to understand what 4 they were doing, what their role was going to be, how 5 they were preparing reports, and I recall specifically 6 the reference to Jim Collins, who was our chief of 7 epidemiology, that this was an area where he had -8 epidemiology had significant expertise and ATSDR had I 9 think an advisory committee, and we were -- we were 10 just interested in understanding their work and also 11 seeing if per chance there was a role -- They had 12 industry people on this committee. Whether there was 13 per chance a role for Jim. 14 As it states, there had been some evolving 15 work with Alabama Health on similar studies, and we 16 were just trying, again, to understand what -- what 17 was -- what was happening, what was going to take 18 place, whether there were studies planned, whether 19 ATSDR would be part of those studies or not. 20 Q. Looking at Pierle 13, in the middle 21 paragraph, you specifically state that it would be -22 it says, "Also, it would be useful to talk about 23 specific plans and actions surrounding our plant site 24 in Anniston, Alabama." Was there any reason that you 25 recall why you're singling out the Anniston, Alabama, Pierle, Michael (Former Solutia/Monsanto Employee) WATER PCB-SD0000053629 139 1 facility in this correspondence? 2 A. You know, my general recollection is that - 3 that there was activity at the state level that was 4 beginning in this particular area, in the health study 5 area, or some discussion, and I think we were 6 specifically interested in understanding whether or 7 not, you know, they were going to have a role or not 8 have a role or were going to be part of any study work 9 or not be part of a study work. 10 Q. They, ATSDR? 11 A. "They" being ATSDR. 12 Q. Having any role with what Alabama was doing? 13 A. Yes. 14 Q. And you were also seeking to see whether 15 there could be some role played by Monsanto; is that 16 what you said? 17 A. Well, I think the -- relative in the 18 discussion on these, yeah, we had particular views 19 that it would be best if studies such as this could be 20 conducted within the context of broad PRP 21 participation, and it was within that context that we 22 felt there would be a role. We were already involved 23 in one of our guidelines. We had community action 24 panels at plant sites where we had already developed 25 this relationship and interaction with the community, Pierle, Michael (Former Solutia/Monsanto Employee) WATER PCB-SD0000053630 140 1 and we felt that they needed to know and understand 2 that, how we went about that activity as well. 3 We had not spent much time with ATSDR 4 prior to this. It was our general way of doing 5 business that we liked to visit with agencies and 6 understand them, for them to get to know us, and to 7 know if they had issues relative to Monsanto or 8 questions that they had points of contact that they 9 could easily access as well. 10 Q. And what was the outcome of this meeting or 11 series of discussions in terms of any role Monsanto 12 could play or would play with regard to these ATSDR 13 activities ? 14 A. I don't -- I don't recall much next steps 15 that came out of it. 16 Q. So you weren't -17 A. From a particular -- from a specific agency 18 standpoint, no. 19 Q. So you weren't going into the meeting to ask 20 for a certain list of action items to be agreed upon? 21 A. No. 22 Q. It was more of an introduction, get to know 23 you? 24 A. Yes. Exactly. 25 Q. Now, there came a point in time where Alabama Pierle, Michael (Former Solutia/Monsanto Employee) WATER PCB-SD0000053631 141 1 Department of Public Health did issue a health 2 consultation with regard to PCBs in Anniston. Do you 3 recall that? 4 A. I seem to recall that -- that it was done, 5 but I'm thinking this was pretty late or close to my 6 retirement date. 7 (Defendant's Exhibit Pierle 15 was marked 8 for identification.) 9 Q. I'm going to hand you, Mr. Pierle, 10 Exhibit 15, which is marked as a Health Consultation 11 for the Monsanto Anniston facility prepared by Alabama 12 Department of Public Health. Since I could not find a 13 date on here, is this a document you recall seeing 14 prior to -- either in draft form or outline form or 15 final form prior to your retirement? 16 A. No, I do not. 17 Q. So you wouldn't know whether Monsanto had any 18 input on the development of this health consultation? 19 You don't recall there being any input? 20 A. I don't. 21 Q. And that may have been because it was taking 22 place after you had retired; right? 23 A. Yeah. I just don't know what the date on 24 this thing was. 25 Q. I don't either. Pierle, Michael (Former Solutia/Monsanto Employee) WATER PCB-SD0000053632 142 1 A. No. 2 Q. Okay. Then I won't ask you anything about it 3 then. You can set that aside. 4 (Defendant's Exhibit Pierle 16 was marked 5 for identification.) 6 Q. I'm handing you what's marked as Pierle 16, 7 which I'm not going to have very much to ask about if 8 you've never seen it before, so I'll give you a chance 9 to look at it. For the record, it's an April 13th, 10 1995, ADEM document to Robert Jones at the Anniston 11 Plant enclosing an executed consent order. Have you 12 ever seen the enclosed consent order before? 13 A. I'm not sure. I recollect that we were 14 dealing with them relative to cleanup projects, and we 15 always ended up with consent decrees. 16 Q. And I have another one I'm going to show you 17 in a minute, but this one is specifically arising 18 under the water statute. As you look over the first 19 page and the findings of fact, does that cause you to 20 remember at all the circumstances that led to this 21 consent order? 22 A. All I sort of remember is that somewhere in 23 the context of, seems to me, permitting updates we had 24 to do work relative to stormwater analysis, and 25 that -- in that process some PCBs had been identified, Pierle, Michael (Former Solutia/Monsanto Employee) WATER PCB-SD0000053633 143 1 and that precipitated a process that went forward. 2 That's kind of all I remember generically on it, and 3 that evolved then to further discussions and studies 4 and work, but... 5 Q. But you don't have a specific recollection of 6 either negotiating or approving this particular -7 A. No. 8 Q. -- consent order in 1995? 9 A. No. 10 Q. And is that something based on what your 11 position was in 1995 as the Vice President, 12 Environment, Safety and Health, would this type of 13 agreement in the normal course come to your attention, 14 or is this something handled in your view at the plant 15 level? 16 A. Well, again, that -- that in the corporate 17 role I may have been aware of this going on, but the 18 operating company people and the plant people and Law 19 Department would have been the principal people 20 involved in negotiating with the state authorities. 21 (Defendant's Exhibit Pierle 17 was marked 22 for identification.) 23 Q. Okay. I hand you Pierle 17, which is another 24 ADEM consent order, and if you flip through to the 25 end, it would give you a date of March 8th, 1996, and Pierle, Michael (Former Solutia/Monsanto Employee) WATER PCB-SD0000053634 144 1 a signature by Michael Foresman, Director, Remedial 2 Projects at Monsanto. First of all, is this a consent 3 order that you have seen before? 4 A. I don't -- I don't recall seeing this. 5 Q. And at this point in time, March of 1996, 6 Mr. Foresman was in your group reporting to you; is 7 that right? No? 8 A. Again, I know this -- I don't know at what 9 time he came back to report to me directly, whether it 10 was within this time frame or not. 11 Q. This is that transition period of a 12 reorganization? 13 A. Yeah. The corporate staffs, and at one time 14 I didn't have all of the staff, I had a piece of it, 15 and then after a year I ended up with all of it, so - 16 but it was all through this time period here. 17 Q. You don't -- You did not personally have any 18 negotiations with the Alabama Department of 19 Environmental Management in this time frame, the late 20 1990s, regarding a consent order or remedial 21 obligations for Anniston? 22 A. No. 23 Q. See, that's what makes these exhibits go so 24 quickly. After you had retired and you were providing 25 some consulting services, did you have any involvement Pierle, Michael (Former Solutia/Monsanto Employee) WATER PCB-SD0000053635 145 1 in the negotiation of any of the administrative orders 2 on consent, consent orders with U.S. EPA regarding the 3 Anniston Plant? 4 A. No. 5 Q. Did you have any involvement with regard to 6 the issues surrounding the West End Landfill and the 7 reacquisition of that property from Alabama Power 8 Company? 9 A. I remember that, that being done. I was -- I 10 think I was the vice president for Monsanto at that 11 time, and there was a policy in place on the 12 acquisition or divestitures of property that I was 13 required to review and sign off on, but the 14 recommendation from the operating unit was that 15 they -- they purchased that property, and I saw no 16 reason to object to that. 17 Q. Who would have been the person that you're 18 referring to in the operating division that would be 19 making that recommendation? 20 A. I think it was Mike Foresman that I talked to 21 on that. 22 Q. And so you would not have been involved or 23 engaged in discussions directly with Alabama Power? 24 A. No. 25 Q. Do you have any personal knowledge or Pierle, Michael (Former Solutia/Monsanto Employee) WATER PCB-SD0000053636 146 1 familiarity with PCB contamination issues at the 2 Quintard Mall? 3 A. No. 4 Q. And I'm sorry. Quintard Mall in Oxford, 5 Alabama? 6 A. No. 7 Q. If there was an agreement being worked out on 8 cost sharing between the Quintard Mall developers and 9 Solutia, would it be your understanding that that 10 agreement -- Strike that. It's a bad question. No. 11 Let me move on. 12 Did you have any dealings with the Alabama 13 Department of Transportation regarding any PCB 14 remediation projects in Anniston? 15 A. No. 16 MS. LAVEY: Let's just go off the record 17 for a minute because I think I'm going to be done. 18 MR. PERRY: Off the record at 12:50. 19 (Whereupon, there was a brief recess.) 20 MR. PERRY: We're back on the record at 21 12:53. 22 Q. (By Ms. Lavey) Mr. Pierle, when is the last 23 time that you visited the Anniston Plant? 24 A. I don't recall the exact date, but it -- I 25 believe it would have been in the time frame that they Pierle, Michael (Former Solutia/Monsanto Employee) WATER PCB-SD0000053637 147 1 were constructing this stormwater retention -2 Q. That -- 3 A. -- basin. 4 Q. -- we were talking about earlier? 5 A. Yeah. 6 Q. So you have not been back to Anniston since 7 you retired? 8 A. Well, I'm thinking that that might have been 9 sometime right after that, when I was in this 10 consulting time frame. 11 Q. Uh-huh. But when you were doing - 12 A. Because I drove up from Florida, and I went 13 by there, and that's what causes me to kind of think 14 that that's -- that's when it was. 15 Q. But did you have any -- any projects in your 16 two-year consulting role after you had retired that 17 related specifically to Anniston? 18 A. No. I was still kind of at times reviewing 19 some environmental matters in general, and Anniston I 20 know was at times in -- in that group, but I wasn't 21 involved in the project or even the approval at that 22 point in time. 23 Q. And who replaced you as the Vice President, 24 Environment, Health and Safety at Solutia? 25 A. Actually, I'm not sure they replaced that Pierle, Michael (Former Solutia/Monsanto Employee) WATER PCB-SD0000053638 148 1 position. I don 't think they did. I think they 2 turned it into a group. 3 Q. And did somebody take the position at 4 Monsanto when you moved over to Solutia? 5 A. Again, I don't know whether it was 6 equivalent, but there was a woman, Jackie Peterson, I 7 think that went into a role, whatever was left over 8 there, for a while. 9 Q. Did you have any involvement in the last 10 couple of years during the Solutia bankruptcy in 11 working out a settlement with the current Monsanto 12 company and reorganized Solutia, if those entities 13 even mean anything to you? 14 A. Well, not -- not really, but I was not 15 involved in any -- any discussions. 16 MS. LAVEY: Okay. That is all I have. 17 MR. NASSIF: Questions? 18 MS . MeADAM: I have no questions. 19 MR. NASSIF: Questions. 20 MS . SMITH: I have none. 21 MR. NASSIF: Anybody on the phone have 22 questions? 23 MS . LEMMER: This is Julie Lemmer. I have 24 no questions. 25 MR. WILSON: Hey, this is Jim Wilson. No Pierle, Michael (Former Solutia/Monsanto Employee) WATER PCB-SD0000053639 149 1 questions. 2 MR. HEISTER: Michael Heister, no 3 questions. 4 MR. WILLIAMS: Chris Williams, no 5 questions. 6 MR. NASSIF: Okay. 7 MS . LAVEY: And that's all. 8 MR. NASSIF: Thank you. 9 MR. PERRY: We're off the record 10 MR. NASSIF: We don't waive. 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Pierle, Michael (Former Solutia/Monsanto Employee) WATER PCB-SD0000053640 150 1 STATE OF MISSOURI 2 3 SS . 4 CITY OF ST. LOUIS 5 6 I, Faith A. Olliges, duly commissioned, 7 qualified and authorized to administer oaths and to 8 certify to depositions, do hereby certify that 9 pursuant to Notice in the civil cause now pending and 10 undetermined in the United States District Court for 11 the Northern District of Alabama, Eastern Division, to 12 be used in the trial of said cause in said court, I 13 was attended at the offices of Husch Blackwell 14 Sanders, 190 Carondelet Plaza, Clayton, Missouri, by 15 the aforesaid witness; and by the aforesaid attorneys, 16 both live and telephonically, on September 1, 2009. 17 That the said witness, being of sound mind 18 and being by me first carefully examined and duly 19 cautioned and sworn to testify the truth, the whole 20 truth, and nothing but the truth in the case 21 aforesaid, thereupon testified as is shown in the 22 foregoing transcript, said testimony being by me 23 reported in Stenotype and caused to be transcribed 24 into typewriting, and that the foregoing pages 25 correctly set forth the testimony of the Pierle, Michael (Former Solutia/Monsanto Employee) WATER PCB-SD0000053641 151 1 aforementioned witness, together with the questions 2 propounded by counsel and remarks and objections of 3 counsel thereto, and is in all respects a full, true, 4 correct and complete transcript of the questions 5 propounded to and the answers given by said witness; 6 that the signature of the deponent was not waived by 7 agreement of counsel. 8 I further certify that I am not of 9 counsel or attorney for either of the parties to said 10 suit, not related to nor interested in any of the 11 parties or their attorneys. 12 Witness my hand at St. Louis, Missouri, 13 this 9th day of September, 2009. 14 15 16 17 Certified Court Reporter for the 18 States of Missouri and Illinois 19 20 21 22 23 24 Pierle, Michael (Former Solutia/Monsanto Employee) WATER PCB-SD0000053642 1 Gore Perry Gateway & Lipa Reporting 2 3 4 Mr. Joseph Nassif 5 Husch Blackwell Sanders 6 190 Carondelet Plaza 7 Clayton, Missouri 63105 8 9 Enclosed please find the Original Signature pages 10 and errata sheets for the deposition of: 11 Michael A. Pierle taken 9/1/2009 in the case of: 12 Solutia, Inc., et al. vs. McWane, Inc., et al. 13 Please read your copy of the transcript, noting 14 any corrections on the enclosed erratta sheets, 15 and return all pages for filing in court to: 16 Ms. Wendlene M. Lavey 17 Squire, Sanders & Dempsey, LLP 18 4900 Key Tower 19 127 Public Square 20 Cleveland, Ohio 44114-1304 21 Your prompt cooperation will be appreciated. 22 Sincerely, 23 24 Gore Perry Gateway & Lipa Reporting 25 152 Pierle, Michael (Former Solutia/Monsanto Employee) WATER PCB-SD0000053643 1 Page Line Should Read: 2 Reason for change: 3 4 Page Line Should Read: 5 Reason for change: 6 7 Page Line Should Read: 8 Reason for change: 9 10 Page Line Should Read 11 Reason for change: 12 13 Page Line Should Read 14 Reason for change: 15 16 Page Line Should Read 17 Reason for change: 18 19 Page Line Should Read 20 Reason for change: 21 22 Page Line Should Read 23 Reason for change: 153 Pierle, Michael (Former Solutia/Monsanto Employee) WATER PCB-SD0000053644 1 Page Line Should Read: 2 Reason for change: 3 4 Page Line Should Read: 5 Reason for change: 6 7 Page Line Should Read: 8 Reason for change: 9 10 Page Line Should Read 11 Reason for change: 12 13 Page Line Should Read 14 Reason for change: 15 16 Page Line Should Read 17 Reason for change: 18 19 Page Line Should Read 20 Reason for change: 21 22 Page Line Should Read 23 Reason for change: 154 Pierle, Michael (Former Solutia/Monsanto Employee) WATER PCB-SD0000053645 1 Comes now the witness, Michael A. Pierle, 2 and having read the the foregoing transcript 3 of the deposition taken on the 9/1/2009, 4 acknowledges by signature hereto that it is a 5 true and accurate transcript of the testimony given 6 on the date hereinabove mentioned. 7 8 9 10 Michael A. Pierle 11 12 Subscribed and sworn to me before this 13 day of ,2009. 14 My Commission expires 15 16 17 18 Notary Public 19 20 21 22 23 155 Pierle, Michael (Former Solutia/Monsanto Employee) WATER PCB-SD0000053646 [&-3] Transcript Word Index & 12:56 1969 (cont.) 20 (cont.) & 1:22 3:12,194:45:4,13,19 5:22 8:13,21 9:4,8 109:15 116:17 137:13 152:1,1,1 0 2:19 149:9 1201 5:23 127 3:21 152:1 1299 65:21 155:1 1970 200 38:19 44:19 66:22 69:14,18 3:13 1970s 20004 69:2 76:4 6:6 1971 2003 014612 6:5 20:9 27:21 64:23 13 1974 2005 03 7:18 136:21,24,25 137:3 70:16 10:24 11:13 12:15 16:22 1:102:108:7 138:20 152:1 153:1 154:1 1975 17:17 084-003344 155:1 73:10 2009 2:23 1345 1979 1:20 2:21 8:2 150:16 1 1:102:108:7 78:2,9 151:13 155:1 136 1979/1980 202 1:20 2:21 7:6 36:21,25 7:18,19 79:6 6:7 37:24 38:17 45:3,6,10,11 13th 1980 205 45:20 48:24 60:24 62:4 137:4 142:9 80:10,13 83:17 84:2,25 4:8 5:7,17 150:16 152:1 153:1 154:1 14 125:18 20th 155:1 7:19 136:21,24,25 137:12 1980s 4:6 10 152:1 153:1 154:1 155:1 82:14 113:17 116:1 124:19 21 7:3,15 27:11 30:25 108:5,8 141 1982 29:2 152:1 153:1 154:1 108:24 109:2,9,21,21 152:1 7:20 86:8 97:23,24 155:1 153:1 154:1 155:1 142 1982/1983 2100 10:19 7:21 101:7 5:5 64:10 143 1983 216-479-8500 10:29 7:22 98:9 101:3,10 3:23 64:13 14th 1984 22 100 112:11 108:13 152:1 153:1 154:1 155:1 7:13 15 1985 23 103c 7:20 141:7,10 152:1 153:1 84:16,25 111:10,21 112:11 152:1 153:1 154:1 155:1 96:13,16,22,25 154:1 155:1 120:6 23 rd 108 16 1987 46:8 78:2 7:14,15 7:21 142:4,6 152:1 153:1 118:3,13 123:8 125:19 24 10k 154:1 155:1 1990s 152:1 135:6 17 144:20 2400 11 7:22 143:21,23 152:1 153:1 1991 5:15 7:16 108:4 111:6,9 113:4 154:1 155:1 116:18 126:21 127:16 24th 137:3 152:1 153:1 154:1 17th 128:5,16 130:7 131:24 10:15 155:1 101:3 1995 25 11:45 18 137:4 142:10 143:8,11 152:1 111:2 152:1 153:1 154:1 155:1 1996 251-2300 11:52 19 130:4,5,7 143:25 144:5 5:7 111:5 82:13 152:1 153:1 154:1 1998 251-5900 111 155:1 30:8 4:8 7:16 190 1999 254-1000 116 2:20 3:6 8:3 150:14 152:1 13:23 14:3 131:24 5:17 7:17 1901 1st 284-0840 12 5:14 8:2 3:15 7:17 51:23 116:19,22 152:1 1943 2 2nd 153:1 154:1 155:1 10:15 2 64:22 12:50 1966 7:7 44:10,1645:10,11 3 146:18 12:53 13:22 19:4 36:19 1969 51:11,22 58:13 152:1 153:1 3 154:1 155:1 7:8 45:10,11 64:18,22 146:21 45:22 46:8 51:23 52:11 20 152:1 153:1 154:1 155:1 57:8 59:7 62:6,10 64:22,25 13:16 152:1 153:1 154:1 Pierle, Michael (Former Solutia/Monsanto Employee) WATER PCB-SD0000053647 [30 - additional] 30 5th 83 20:18 38:20 45:22 69:14,17_________ 105:18 126:10 30308-2216 4:16 30309 5:24 314 3:8 314-241-6750 1:25 35202 5:16 35203 4:7 5:6 3717 3:13 386757 45:21_______ 4 6 6 7:11 85:18,21 93:10 95:7 95:24 152:1 153:1 154:1 155:1 600 4:6,15 60s 56:15 59:12 63:9 83:21 63101 1:24 63105 3:7 152:1 639-1140 6:7 64 7:8 846 21:15 85 7:11 84:22,23 86 84:16 87 91:5 881-7000 5:25 885-3489 4:17 8th 143:25________________ 9 9 7:14 108:5,8,25 109:1,7 4 68 152:1 153:1 154:1 155:1 7:9 69:5,8 70:8 152:1 153:1 41:11 9/1/2009 154:1 155:1 69 152:1 155:1 4.000 7:9 9:03 17:1,5 18:4,8,11 6th 2:198:1 40 101:10________________ 90s 38:20 7 34:10 35:16 400 4:5 404 4:17 5:25 7 7:12 97:10,22 98:7 152:1 153:1 154:1 155:1 70 44114-1304 3:22 152:1 45 7:6 38:19 700 1:23 5:5 701 480-1500 10:18 3:8 4900 3:20 152:1________________ 70s 31:7,9 71 77:8,13,20 91:20 5 22:19 23:4 32:23 5 74 7:10 77:23 78:1 152:1 22:19 23:4 32:23 153:1 154:1 155:1 75 5.000 72:17 16:24 17:18 77 50.000 7:10 14:14 770 91 88:24 132:10 925 3:15 93 35:17 94549 3:14 95 130:11,11 96 129:14 130:12 97 7:12 98 27:21 29:17 30:2 99 29:17 30:2 132:10 9th 151:13 51 10:18____________________ a 7:7 515 1:23 5-15-84 109:8 5200 4:14 8 a.m. 2:19 8 7:13 100:23 101:1 152:1 abernathy 153:1 154:1 155:1 29:12 807 ability 2:22 80s 122:4 able 87:2 90:17 93:13,15 114:16 83:14 107:7 136:10 Pierle, Michael (Former Solutia/Monsanto Employee) absence 59:15 accept 119:7 access 140:9 accounted 125:24 accounting 11:25 87:25 104:21 119:1 126:12 135:17 136:14,19 accurate 155:1 acid 103:8 acidic 103:9 acknowledges 155:1 acquisition 145:12 acronym 126:2 acronyms 75:21 act 32:2 action 28:25 126:5,16 139:23 140:20 actions 42:19 52:24 103:4 105:6 138:23 active 74:19 activities 11:25 25:5 29:20 33:10 54:18 58:8 68:2 79:25 92:14 105:24 106:2 116:14 120:22,25 124:6 125:17 130:19 140:13 activity 53:11 71:8 80:19 115:23 126:14 139:3 140:2 actual 136:4 ad 64:25 66:17 adam 111:10 addition 9:18 30:19 42:16 54:1 69:12 additional 67:23 WATER PCB-SD0000053648 [address - associated] address air (cont.) anniston (cont.) approximately 10:17 102:14 67:18 69:11 70:8 75:5 119:10 120:18 123:16,20 12:6 20:5 addressed 84:19 85:3,7 87:12 112:3 124:18 127:9,11 130:18 april 52:2 112:7 129:1 132:1,11,20 134:1,2,5 10:24 11:13 120:6 142:9 adem al 135:2 137:16,16,18 138:24 area 142:10 143:24 1:122:128:7 152:1,1 138:25 141:2,11 142:10 22:21,24 40:9,12 57:3 adequately alabama 144:21 145:3 146:14,23 80:19,23 87:25 92:9,16,17 118:20 1:2 2:2 4:7 5:6,16 8:9 147:6,17,19 92:25 94:11 97:8 114:22 administer 113:11 138:15,24,25 annual 115:9,18 123:18 124:17 150:7 139:12 140:25 141:11 14:13 135:4,18 136:2,7 136:19 138:7 139:4,5 administrative 144:18 145:7,23 146:5,12 answer areas 145:1 150:11 12:23 25:1 57:13 83:4 24:18 81:17 87:14,15 92:7 adoption alleged 102:16 124:9 132:22,23 92:18 112:2 114:23,24 93:17 32:2 answers 128:9 129:5 advise allison 12:21 13:1 151:5 arising 112:8 3:11 8:20 anthony 142:17 advisory allocated 10:13 armaments 138:9 134:6 anticipate 5:10 aetna allocation 119:18 aroclor 30:22 110:16 128:23 133:9 anybody 41:8,19,21,24 42:1543:20 affairs allowed 9:19 74:9 98:24 131:23 43:25 49:10 50:2 51:3 57:9 80:10,17 81:4,12,17,19,23 71:6 148:21 60:5,19 61:2,8 62:7 63:3 82:8 84:3,14,18 87:9 96:11 alston anymore 64:1,5,25 66:17 69:12,18 affect 5:22 9:4 100:5 130:23 80:22 ambient anyone's aroclors aforementioned 39:17,21 40:4,5,8 55:1 41:6 52:25 53:3,17 55:20 151:1 amendola anyway 56:4,7 62:4,12,15 70:9 aforesaid 72:12 42:19 arranging 10:4 150:15,15,21 america ap 68:17 ag 79:9 100:11 117:13,17 4:13 amount 106:15 apologize articulated 55:25 age 34:25 38:18 135:1 106:8 aside 10:2 amounts appearances 26:23 51:10 66:18 110:24 agencies 41:18,19 3:1 142:3 140:5 amsouth appeared asked agency 5:15 33:3 27:9 33:21 55:8 67:10 140:17 analysis appears 101:4 114:3 132:22 133:23 agenda 54:5 56:21 142:24 45:19 asking 85:21 86:19 95:7 analytical apply 47:5 112:7 ago 21:9 53:25 56:10,17,25 65:12 73:22 105:2 aspect 12:9 18:24 47:6 57:9,25 58:16 59:17 appointed 58:19,21 agree analyzing 105:12 106:15 aspects 57:7 100:15 108:25 132:23 57:9 appointment 19:14 20:16 96:7 agreed anniston 88:24 assigned 140:20 24:11,25 25:5 26:14 27:2 appointments 43:4 134:16,16 135:11 agreement 35:5 36:9 42:15 44:5 49:17 25:24 assignments 143:13 146:7,10 151:7 49:23 52:24 54:11,18 55:5 appreciated 43:13 agricultural 58:17 62:3,14 63:23 68:8 152:1 assistance 75:15 76:6 79:20,22 107:9 74:5,11,14,23 75:6,11,14 appropriate 94:5 113:7,9 117:24 118:18 77:4,7 78:11,16 79:1,5,17 52:22 assisting 123:20 79:21,23 81:22 82:4 89:5 approval 73:12 ahead 90:23 91:12 96:23 98:21 124:24 125:3,4 147:21 associate 56:13 124:9 99:1,4,13 100:21 103:13 approved 79:5 air 105:7 106:1 107:8,11,13 128:7 134:12 associated 19:19 20:22,22,24 21:1 113:5,6,11,18,23 114:4,9 approving 43:2,8 90:2 95:20 115:9 38:3,23 39:2,11 40:5,5 41:9 115:21,25 117:23 118:17 143:6 126:14 134:6 135:1,21 Pierle, Michael (Former Solutia/Monsanto Employee) WATER PCB-SD0000053649 [associations - bruce] associations authorization basin biannually 15:10 124:21 137:9 115:1 147:3 93:1 assume authorized basins big 54:19 128:16 137:10 150:7 62:23 28:21 29:8 assumed authors basis bill 91:7 117:1 18:16 34:3,13 52:8,10,17 66:9 70:4 assuming avenue bates bird 35:18 78:4 96:21 107:9 5:5,14 6:5 45:20 64:23 108:11 5:22 9:4 atlanta avoid bcc birmingham 4:10,16 5:24 8:24 52:25 112:6,24 4:7 5:6,16 atmosphere avoiding bcc'd bit 61:18,24 13:2 111:11 12:13 30:2 77:4 atsdr avon becoming blackwell 137:4,14,15,17,25 138:8,19 74:7,7 44:15 2:20 3:5 8:3 9:1 150:13 139:10,11 140:3,12 await bed 152:1 atsdr's 51:18 122:19,23 126:16 blvd 137:19 aware began 3:13 attach 27:4 88:25 111:16,19 125:6 13:21 19:25 36:19 39:15 bob 28:22 143:17 41:14 15:23 attached awareness beginning boesch 112:11 28:17 62:6 122:23_________ 8:15 38:7 128:5 139:4 106:4 attachment 113:3 attempt 57:20,21 87:3 126:9 attended 150:13 attending 102:1,2 attention 52:21 69:10 143:13 attorney 112:25 125:22 151:9 attorneys 150:15 151:11 audible 13:2 audit 86:21,23,25 87:11,25 88:5 88:5,7,16,16 89:4,24,24 90:3,9,10,1391:11,14 120:6,8,14 128:9 auditing 89:10 audits 88:2,8,10 89:8,14,16,20 90:21 120:7 august 67:1,5 69:14,17 86:8 auspices 123:4 authored 45:18 70:9 authorities 143:20 b begun book b.s. 86:25 21:8,8,12,20 19:3 behalf born back 1:192:189:1335:22 71:23 10:14 10:24 27:25 29:17 31:6,8 behavior boss 63:9,21 64:12 77:18 83:21 92:19 47:25 98:7 111:4 119:22,25 125:14 126:9 133:25 135:9 believe 11:14 14:1320:1031:7,18 bottom 61:17 111:11 117:1 144:9 146:20 147:6 32:12 35:4,24 36:10 37:7 botts background 12:13 79:25 80:2 106:19 44:12 46:13 47:8,21,24,25 6:4 9:13 50:4 52:5 53:21 59:21 boy 110:8 backup 33:24 60:25 65:19 66:9,10,13,15 84:4 67:1 69:21 70:13 72:17 bracket 74:8,25 77:10 80:12 81:9 22:18 84:13 bad 81:13 82:20 85:23,25 90:5 brasfield 13:8 127:24 132:21 146:10 92:16 98:23,24,25 102:18 104:6 bae 5:9 9:6 107:10 108:16 109:23 110:10 111:11,24 112:9 break 13:14,15,1759:3 111:1 baker 114:18 116:1,3,11 137:7 brief 6:4 9:13 146:25 23:1764:11 111:3 146:19 bank belleville briefly 4:13 bankruptcy 31:12 bells 23:13 27:9 bring 11:1729:9,18 148:10 34:5 125:11 base 94:4 benefits 70:22 bringing 115:15 based 57:14 88:1 99:14,15 122:3 133:21 134:16 143:10 bergen 65:8,9 best brink 61:7 broad basically 17:25 23:1 32:1 34:11,17 12:21 54:4 139:19 better 139:20 brought 38:1 43:15 54:3 82:18 83:5 87:3,13 88:7 92:6 94:21 88:17,17 103:5 beyond 114:22 117:11 125:23 21:20 52:9,19 27:23 bruce 131:12,13 126:12 129:21 Pierle, Michael (Former Solutia/Monsanto Employee) WATER PCB-SD0000053650 [bryan - cleanup] bryan capacity 98:5,6 11:2 buckley captain 47:23 48:5 55:6,7,9 96:1 budget car 96:8 123:6 125:13 61:19 budgets care 136:3 102:17,17 building carefully 4:5 68:4 150:18 bullet carondelet 120:6 121:8 2:20 3:6 8:3 150:14 152:1 bullets carpenter 119:20 79:7,17,22 81:15 bunky carried 47:1 48:25 103:8 burg carries 65:9 107:11 burj case 65:9 1:102:108:7 10:4 11:22 business 24:9,14 25:15 28:6 29:17 47:9 52:23 65:5 72:9 87:17 31:12,14,15 34:13 80:9 95:2,14 98:18 122:15 125:9 100:11 103:24 150:20 125:11 128:24 129:22 152:1 130:18,21 133:6 136:16,16 cases 140:5 16:16 27:8 28:11 29:12 businesses 31:1 53:23 99:18 94:20 127:7 130:16 casual c c.c.r. 2:22,22 ralhni in 3616 California 3:14 74:8 call 30:20 39:16 58:7 called 15:15 18:2 19:12 50:11 71:9 72:2 75:16,16 82:12 105:13 106:19 113:24 115:5 120:18 calls 110:2 camp 134:17,18 Campbell 44 98 cancellation 18:18 capabilities 57:25 capability 5622 capable 12:17 catch 61:9 62:23 catchup 23:22 categories 73:11 cause 8:5 142:19 150:9,12 caused 29:24 150:23 causes 25:4 147:13 cautioned 150:19 cautious 131:8 cc 47:16 79:4 86:10,13 CCS 52:13 ceased 130:24 ced 101:15,18,22 cells 126:17 57:9 central chemical 89:15,15 101:20 15:12,1743:13,1971:7 ceo 75:22 76:3 78:21 84:24 15:5,22 90:19 111:23 116:2 117:16 cercla 117:24 118:18 123:3,12,21 96:13,16 123:24 134:18 certain chemicals 10:24 14:15 52:8 71:21 90:17,22,24 91:1 133:6 113:21 130:11 140:20 134:23 certainly chemistry 13:13,16 88:25 95:8 134:3 21:5,12 certification chief 22:23 23:9 138:6 certifications chitchat 22:8 23:22 certified chlorinator 2:24 8:10,11 22:16,21 23:3 61:6,12 23:7 109:14,24 151:17 chris certify 9:5 149:4 150:8,8 151:8 Christopher cetera 5:12 25:24 45:10,11 chronologically chain 64:15 124:23 ciit chair 15:15 84:8,12 94:21 circulate chaired 72:5 84:1 circulated chairman 77:12 15:22 circumstances chairmanship 114:19 116:4 142:20 84:5 citation champion 31:13 93:4 citing chance 33:25 45:13 138:11,13 142:8 city change 38:9,11 150:4 13:1643:1480:1681:11 civil 90:10 153:1,1,1,1,1,1,1,1 19:3,8 22:25 23:1 150:9 154:1,1,1,1,1,1,1,1 clarence changed 47:24 15:13 81:13 82:17 84:9 clarification 89:11 90:16 125:6 127:8 13:9 130:13 class changes 28:25 44:14 127:4 classification characterization 33:19 65:11 clay charged 102:22 121:24 clayton chart 2:21 3:7 150:14 152:1 107:6 clean charter 12:24 32:2 106:16 cleanup checking 11:25 26:13 28:11 35:12 68:15 58:7 96:7 104:7,19 126:13 Pierle, Michael (Former Solutia/Monsanto Employee) WATER PCB-SD0000053651 [cleanup - corporate] cleanup (cont.) committees conduct 130:15 142:14 15:14 39:1 89:8,24 clearly communicate conducted 12:1935:19 105:22 89:20 139:20 Cleveland communicated conducting 3:22 152:1 89:25 40:4 88:2 close communicating configuration 104:1 141:5 82:19 83:5 39:8 closed communication confusion 113:12,20 123:3 54:17,23 45:8 closure communications congressman 122:21,24 126:13 54:11 77:11 closures communities conjunction 122:18 114:24 81:1 98:17 136:2 cma community connection 81:1 131:18 139:23,25 16:10,11 24:2 33:6 53:16 cod companies 103:7 40:15 79:13 130:2 consent cole company 142:11,12,15,21 143:8,24 47:7 72:22 73:23 75:14,22 76:3 144:2,20 145:2,2 collapsed 79:9 80:20,23 82:24 84:22 consider 129:19 84:24 94:14,25 96:9 100:10 103:21 collect 105:2,23 106:11 109:16 considerable 42:9 53:22 111:23 113:9 116:2 117:24 57:1761:10 collection 117:24 118:18,19 121:15 consistent 41:17 42:2,23 89:18 92:11 121:18,19 123:25 125:12 68:19 collective 128:8 129:7,15,19 130:14 consolidation 100:11 134:18,23 143:18 145:8 120:19 collector 148:12 consortium 93:3 company's 67:25 collins 123:4 constituted 138:6 compare 38:20 comforting 108:25 constitutes 77:2 compensated 110:9 coming 16:13 constructed 25:3 26:3 compiling 94:18 comment 112:17 constructing 136:9 complete 38:4 115:1 147:1 commenting 151:4 construction 71:24 completion 38:6 115:2,4,13 comments 38:6 63:11 consultant 72:9,10 complex 15:25 commerce 100:20 122:6 consultation 70:16,21,25 72:16 compliance 141:2,10,18 commission 33:9 92:8 124:17 consulting 155:1 compound 14:6,9 15:2 16:5,11,19 commissioned 133:23 18:21 144:25 147:10,16 150:6 concerned consumed committee 82:4 96:6 64:25 66:17 82:13,16 83:3 concerns contact 83:6,8,19 84:1 85:22 86:10 82:5 118:16 73:12 140:8 94:18,23 95:2,6,7,9,11,18 conclusion contamination 95:20 97:23,25 98:3 101:2 102:16 19:22 28:10 35:10 77:7 103:19 105:13,14,16 106:7 conclusions 82:10 135:2 146:1 106:9,12 134:12 138:9,12 100:16 content 78:8 context 12:14 19:1 108:17 139:20 139:21 142:23 contiguous 115:11 continue 14:6 16:4 64:15 continued 57:17 75:9 119:13 127:1 continuing 23:8 125:9,11 130:20,23 continuous 103:1 contract 25:19 contractors 131:19 contribution 39:18,22 40:12 control 39:15 54:8 75:5 82:13,16 83:19 85:22 95:7,11 96:7 97:23 101:2 103:19 controllership 136:15 controlling 39:15 conventional 40:15 conversation 23:16,17 48:25 49:6 conversations 23:25 26:1 cooling 61:7 cooper 5:13 9:6 cooperation 152:1 coordinate 77:17 105:22 128:6 coordinating 82:19 83:5 copies 88:12 copy 59:1 152:1 corp 1:6 2:6 corporate 10:23 11:3,12 26:23 37:4 37:11,1945:947:11 55:2 65:24 66:2,15 82:21,22 83:10,15,16 84:2,7 87:16 88:13 89:10 91:20 94:7,23 97:1 101:18 121:11 124:24 Pierle, Michael (Former Solutia/Monsanto Employee) WATER PCB-SD0000053652 [corporate - develop] corporate (cont.) covered decide depend 125:13 143:16 144:13 39:5 87:13 94:1 76:1 corporation create decision depending 3:17 5:10 8:6,19 10:9 133:7 67:23 99:10,11 133:21 103:2 120:13 correct created 134:4,9,11,15 135:12 deponent 14:4 17:4 18:5 19:3 20:1,2 83:19 93:24 decisions 151:6 20:7,8,10 22:1,2 26:17 27:2 creation 68:2 95:17 134:16 deposed 30:22 32:24,25 35:3,16 83:15 decrees 11:11,22 12:1,1026:25 38:24 41:6 44:7,13 45:2,24 credit 142:15 27:6,10,22 45:25 46:12 51:25 52:1 20:18 deep deposes 57:5 60:21 61:21 66:22 creek 92:12 10:4 70:16 73:6 76:13 78:2,3 62:5,14 125:16,17 defendant deposition 79:1,3 80:11,12 84:17 criteria 3:10,174:1,105:1,196:1 1:172:178:5 11:13,19,20 85:15,16,25 86:17 95:4 135:12 8:18,21 12:7 16:16,22 17:17 18:1,2 96:23 106:25 107:4,23 current defendants 18:3,25 23:12 24:2,12,16 111:12,13 113:7 118:1,8 10:17 135:25 148:11 1:14,19 2:14,18 5:9 9:20 24:19,20 26:24 27:7 30:7 126:23,24 127:13 130:6 cv 10:10 34:2 45:6 80:8 108:22 137:4 151:4 1:102:108:7 defendant's 110:15 152:1 155:1 corrections 152:1 d 7:5 45:3 51:11 64:18 69:5 depositions 77:23 85:18 97:10 100:23 18:7,10 25:21 33:1 35:17 correctly 37:8 85:1 150:25 fifi 108:5 111:6 116:19 136:21 108:20 150:8 141:7 142:4 143:21 des correspondence 139:1 2812 define 33:18 73:4 83:12 describe cost 11:25 26:10 135:23 146:8 42:7,8 62:23 degree 19:8 20:12,25 34:1 37:22 74:18 128:3 described costs 26:10 135:21,21 council 116:8 counsel 3:1 8:14 11:6 151:2,3,7,9 counterpart 10:16,17 45:21 63:11 delaware 12217 13010 141 '6 13 23 143:25 146:24 155:1 31:23 32:6 44:24,25 66:21 66:25 67:8,16,25 68:6,11 dated 46:8 51:23 64:22 69:14 78:1 101:2 68:24 69:23 70:14 delegated 88:3 dempsey 38:22 50:15 53:21 62:11 73:21 85:23 87:20 95:1 118:20 126:18 130:19 describing 43:22 54:9 59:11,22 60:23 62:25 106:22 120:2 123:20 description 117:15,17 county 10:16 3:19 8:18 152:1 dennis 88:17 114:12 designated 36:16 couple 13:13 151:13 155:1 117:9,10 denny 11:2 designation 12:9 14:19 15:19 16:1,3 24:18 30:12 31:3 41:2 46:6 74:6 106:18 130:12 133:15 33 2 6416 75 4 83 22 127 6 6 117:6,8 46:20 deo designations 79:8,10 90:17 95:12 116:2 114:1 148:10 course 83:3 123:2 134:13 deos 79:8 95:19 designed 102:24 20:24 21:9 127:7 136:9 143:13 courses 67:21 80:21 81:24 132:5 142:14 department destin 36:22 37:18,19,25 38:2 10:18 41:18,24,25 43:1,4,20 48:3 details 19:18,21 20:20,22,23,25 21:2,6,11,24 15:21 146:12 50:20 54:2 62:23 65:22,24 29:5 88:6 66:10,14 70:5,16,21,25 determination court 1:1 2:1 8:8,11,13 11:18 12:20,23 13:4 150:10,12 11 16 157 28 9 11 31 4 32:1 71:8 91:22 134:14 72:15 86:3 88:13 93:24 94:6,7,8,9 97:9 101:16,19 101:21 103:19 109:15 107:18 determinations 104:25 151:17 152:1 cover 76:7 129:3 131:14 136:5 137:13 determine 141:1,12 143:19 144:18 41:14 92:18 108:10 109:2 coverage 30:22 33:2 34:10,21 35:22 43:16 9022 HprpacpH 60:11 65:1766:11,15 146:13 departments 50:4 72:6 129:16 determined 104:24 develop 33:8 56:10 71:2 128:7 Pierle, Michael (Former Solutia/Monsanto Employee) WATER PCB-SD0000053653 [developed - elevated] developed disagree document (cont.) e 56:12 57:8 71:4 83:1 87:25 100:15 137:12 141:13 142:10 eaddy 88:4 90:6 91:19 92:23 discharge documents 4:11 93:23 104:20 136:5 139:24 32:3 39:3 40:13,24 61:18 24:2,7,23 25:17,20 28:1 earl developers 61:24 33:25 72:8 108:10 135:6 104:6 146:8 dischargers 136:7 earlier developing 41:3 dodge 13:17 32:16 51:22 56:20 73:17 82:24 103:21 136:6 discharges 4:1 9:9 60:23 62:25 73:3 81:7 84:6 137:25 38:3,23 39:2 43:25 53:9 doing 84:15 99:10 106:22 114:4 development 80:24 82:9 38:16 53:25 56:17 58:16 disclo 15:1,4 18:20,21 34:8 39:1 120:2 126:9 147:4 39:21 53:15 54:14,20 60:1 early 71:9,13,23 92:22 141:18 119:8 60:2,5 74:13 75:18 80:3 35:16 36:4 58:9 69:2 74:22 developments disclosure 94:22 98:17 105:22 108:3 75:4 82:13 83:20,22 93:13 82:3 135:6,17 136:7 111:17 124:16 138:4 93:15 118:3 devoted disclosures 139:12 140:4 147:11 easier 38:14 119:9 135:20 dollar 52:15 diablo discuss 125:2 easily 3:13 26:2 118:12 dotted 140:9 diaries discussed 107:12 east 25:23 30:21 53:7 95:10 125:18 dr 115:5,5 differences discussing 56:12,14,24,25 57:4 58:1 eastern 49:21 46:4 draft 1:3 2:38:9 150:11 different discussion 141:14 eckhardt 24:10,10 31:22 43:4 46:14 41:13 62:22 102:5 117:21 drafts 78:12,17 58:8,8 81:16 82:20 94:10 126:10 139:5,18 71:24 eckhardt's 98:15 108:11 112:19 126:6 discussions drains 77:11 126:8 128:22,24 130:9 34:14,18 103:7 137:15 42:8 ed 133:20 140:11 143:3 145:23 draw 66:6 difficult 148:15 45:7 edc 122:13 dismantlement drexel 63:10 difficulties 120:20,21 121:10 20:25 education 53:24 56:19 57:17 58:5 disposal drinking 19:1 22:4 23:8 dii 68:17 92:13 21:4 effect 6:1 9:13 dioxide distinction 45:7 drive 8:3 10:18 29:10 57:16 effluence 39:13 district drove 92:8 diplomate 1:1,2 2:1,2 8:8,9 150:10,11 147:12 effluent 2:23 ditches drummed 71:9,12,17,23 72:13 direct 62:12 64:1 effort 17:2 46:11 52:20,20 63:24 diverse drumming 94:12 105:21 69:10 98:20 132:2,8 133:3 20:19 51:7 eil direction diverting dsw 111:15 115:7 120:24 115:9 45:21 64:23 either directive divestitures due 14:16,19 17:10,20 23:24 56:4,7 145:12 75:13 33:4 39:3 41:9 47:15 49:25 directly division dukes 65:13 67:5 77:7 83:14 124:13 131:22 132:17 1:3 2:3 8:9 75:16,22 79:20 5:4 9:11 114:5 118:6 121:11 122:20 144:9 145:23 121:18 145:18 150:11 duly 125:2,12 131:22 134:17 director divvying 79:12 80:10,17 81:4,12,19 135:3 10:2 150:6,18 duties 141:14,25 143:6 151:9 electric 81:23 82:8 84:3,14,15,18 document 37:3,23 44:15 67:15 68:7 40:2 84:23 87:9 95:12 96:11 25:2,9 39:4 45:15,16,17,22 68:10 70:24 73:7 80:15 elements 111:22 112:1 114:16 48:23 64:16,24 93:9 96:20 91:7 127:4 128:3 132:3 107:3 120:19 117:15 123:11 129:2 144:1 101:4,23 104:10,16,19 dyre elevated directors 108:13,14 110:14,18,22 27:6,13,20 28:6,14 29:1,17 44:10 82:5 84:10 116:22 117:7 126:11 Pierle, Michael (Former Solutia/Monsanto Employee) WATER PCB-SD0000053654 [eliminate - facing] eliminate entire essentially 121:12 43:16 118:5 127:1 eliminators entities established 61:8,15 26:16,20 148:12 29:16 69:13 70:9 75:1 elmer entity establishing 66:13 37:20 72:7 131:15 87:2 else's environment establishment 129:25 13:23 82:16 116:17 117:12 29:1 95:23 emanating 126:22 127:16 128:4 estimated 62:7 129:18 135:19 143:12 63:11 135:21 emissions 147:24 et 19:1921:1 39:13,16 environmental 1:12 2:12 8:7 25:24 45:10 emitted 11:24 12:3 15:8 19:10 45:11 152:1,1 39:20 20:13,15,17 23:1 25:5 31:5 eugene employed 32:12,19 35:6 36:21,25 47:1 18:20 20:5 21:25 48:10 37:23 38:16 41:10 42:21 evaluate 70:20 43:15 44:1,6,10,16 45:24 116:14 133:19 employee 51:1 53:4 55:25 59:7 60:1 evaluation 101:11 64:16 66:20 67:9,19 72:23 98:22 employees 73:8,13 74:3,21 75:5 76:12 eventually 15:24 76:19 77:3,9 79:12,15 80:3 97:20 employment 80:16 82:13 83:18 84:16,24 everybody 25:18 36:18 48:7 114:5 85:22 86:21,23 87:14 88:2 135:24 enclosed 88:20 89:20,22 90:10 91:11 evolution 142:12 152:1,1 91:21,25 92:19 94:7,18,24 92:10 137:24 enclosing 95:2,6,6,9,11,12,14,18 97:8 evolve 142:11 97:23 98:19 101:2,16 95:10 128:7 encountered 103:19 109:15 111:22 evolved 138:2 112:25 114:16 116:14 85:2 96:9 126:11 143:3 ended 117:12,16 118:17 119:12 evolving 14:18 68:4 134:3 142:15 119:15 120:6,7,18,19 73:18 80:21 82:23 94:13 144:15 123:12 124:2,6,17,20,21 96:1 137:25 138:14 engage 126:5 128:7,11,13,15 ex 23:8 134:25 129:17 133:10,20 134:2,5 86:21,23 96:8 engaged 135:20 136:19 144:19 exact 145:23 147:19 68:13 115:3 146:24 engineer epa exactly 22:12 23:3 32:19 36:21,25 71:4,10 72:4,11 73:16 47:19 49:15 63:7 93:14 37:24 38:17 41:10 44:1,6 80:24 128:13 145:2 94:11 140:24 44:10,16,23 45:24 51:2 epc examination 53:4 56:1 59:8 64:17 66:20 86:22 93:10 94:15,15,17 7:3 10:6 67:3,10 106:22 examine engineering epidemiology 135:10 19:3,8,11,12,15 20:6,13,16 138:7,8 examined 20:17 21:2 32:22 37:5 eppenberger 150:18 42:22 84:7 86:3,4 93:24 16:9 example 94:6,7 101:13,18,20 103:18 equipment 83:12 92:3 129:1 131:14 42:3,24 43:21 examples engineers equivalent 38:25 43:2,12,13,19 117:18 148:6 exchange england erap 42:19 54:15 82:23 48:11 125:23 126:2,18 135:11,23 exchanges englishman errata 118:15 48:14 152:1 excuse engman erratta 63:19 69:10,14 70:3,4 152:1 executed 125:8 142:11 executive 21:24 exhibit 7:5,6,7,8,9,10,11,12,13,14 7:15,16,17,18,19,20,21,22 45:3,6 51:11,22 58:13 60:24 64:18,22 69:5,8 70:8 77:21,23 78:1 85:18 86:18 97:10 98:7,13 100:23 111:6 111:9 113:4 116:19 119:23 120:17 125:15 141:7,10 142:4 143:21 exhibits 25:13,15 108:5,8 136:21 144:23 exist 55:21 58:14 121:16 existed 79:14 expectation 119:7 expensive 55:19 expert 33:5,9,15,17,21 34:1 89:22 110:16,17,21 131:17 expertise 138:8 expires 155:1 explain 107:7 108:1 explained 106:8 exposed 21:14 extend 87:3 extent 25:14 83:1 external 93:15 135:5 f farilitipc 41:17 43:7 66:3 105:3 112:19 121:13 128:24 facility 24:25 27:2 31:21,22 38:10 59:8 62:8 63:24 64:6 67:8 69:9,19 74:11,14 75:6,11 77:8 78:12 116:1 132:21 139:1 141:11 facing 12:2,3 Pierle, Michael (Former Solutia/Monsanto Employee) WATER PCB-SD0000053655 [fact - generally] fact 57:6 96:2 99:25 109:2 142:19 factors 133:22 facts 24:24 fair 26:23 43:6,9 fairly 19:1720:1968:1271:4 80:18 89:13 122:5 faith 2:21 8:12 150:6 fall 111:25 familiar 48:21 55:6 82:12 89:21 114:2 115:7 familiarity 146:1 familiarize 114:22 115:17 family 36:11,1557:1 far 115:2 farrar 65:18,19 february 13:21 36:19 45:22 118:13 123:8 125:18 federal 73:19 128:12 fell 73:11 fellow 60:7 felt 99:14 118:20,22 135:7,8 139:22 140:1 fields 19:7 20:11 figure 87:22 filed 35:15,18 files 25:17 filing 152:1 filter 99:25 final 141:15 finance following fred 125:13 14:5 15:2 20:3 57:25 69:11 47:21 financed 70:14 free 15:17 follows 61:8 62:4,6,11,14,20 63:2 financial 10:5 freedom 87:24 89:14 104:23 119:1,8 footer 8:13 119:8,9 123:6 125:25 135:5 109:7 frequency 135:17 136:3,6 forced 120:7 find 122:17 front 51:15,1799:19 141:12 foregoing 28:3 96:20 152:1 150:22,24 155:1 full findings foresman 10:12 52:6 151:3 142:19 69:9 70:12 123:21 124:3 function finish 125:3 131:10,21,24 144:1,6 37:19 66:7 87:25 104:21 12:22 20:25 145:20 108:14 129:25 136:15 firm foresman's functional 11:6 123:18 112:2 129:4 firms forget fund 16:5 34:25 67:6 68:13 75:15 29:2,16,25 30:19 92:10 first 137:24 93:17 137:20 10:2 36:20 37:9,25 47:13 form funding 47:21 51:19 57:20 58:12 82:17 90:6 104:12 124:8 29:19 126:7 59:14 65:4 69:11 74:2 141:14,14,15 furnace 86:21 90:11 106:15 108:12 formal 50:6,16,17,19 108:24 113:3 115:20,25 22:4 further 117:6 119:11,23,24 120:5 formation 99:25 103:3 143:3 151:8 120:20 121:8 132:22 91:20 future 142:18 144:2 150:18 forseman 119:12,15 123:2 fit 70:11 g 99:13 130:19 forth gale fitzgerald 33:22 104:22 105:12 Jyl** Q-fi 126:10 150:25 gary five forward 18:7 27:10,11 30:24 33:2 17:19 18:16 119:5 143:1 7211 gas 63:19 74:4 85:11 86:19 foundation 61:6,9,12 110:25 120:3,16 125:15 57:12 109:4 110:2 gateway 128:20 foundries 152:1,1 flat 18:4 71:18,20 foundry gather 44 4 flip 5:19 9:4 36:16 geisler 143:24 four 5:4 9:11 floor 33:2 39:5 63:21 74:4 85:11 gene 3:6 98:2 105:10 121:9 123:14 784 florida frame general 10:19 147:12 18:14 23:4 29:18 30:2 11:23 12:16 19:1721:1,12 fluid 32:25 59:7 61:3 65:1 74:23 21:13 26:9,15,19 27:7 28:8 50:5,10,15 51:7 60:23 76:8 79:6 82:14 84:2,13,17 29:16 40:8,9 41:13 46:17 fmc 5:10 84:25 85:24 88:22 94:19 96:1098:16 105:7 111:14 5517 56 11 57 2 6715 70:24 72:25 73:2,7 75:12 focus 115:3 118:2 120:10,16 76:2,13 80:5 81:5 82:1 19:8,13 85:1 121:11 124:19 125:19 84:10 91:23 102:9 103:16 focused 129:15 144:10,19 146:25 103:20 106:5 122:7 125:22 20:17 90:21 100:18 folks 147:10 framework 137:19 139:2 140:4 147:19 generally 65:16 82:4 86:8 98:5 124:2 127:10 11:21 15:1 24:7 25:6 31:24 124:3,18 33:24 37:22 38:21 43:4 Pierle, Michael (Former Solutia/Monsanto Employee) WATER PCB-SD0000053656 [generally - hold] generally (cont.) goodstein hand (cont.) health (cont.) 49:13 53:17 55:18 74:18 3:12 8:21 143:23 151:12 143:12 147:24 83:11 85:8 101:5 111:19 gore handed heard 120:15 124:14 125:20 1:22 8:12 152:1,1 45:5 51:21 69:7 77:25 48:17 128:3 government 85:20 97:21 137:2 heat generating 72:2,7 73:19 128:12 handful 50:5,10,15 51:7 60:22 40:23 governmental 24:4 114:10,20 heated generic 87:14 handing 50:21 116:12 134:11,15 graduation 64:21 100:25 108:7 142:6 heater generically 20:1 handled 50:19 41:21 143:2 grimm 50:2 64:6 73:20 97:1,3 heating gentleman 111:10 133:10 143:14 50:6 104:6 ground handling heavy george 102:13 49:10 82:9 42:6 105:11 groundwater handwriting heister georgene 19:22 86:22 93:11,15,19,21 48:24 49:1 6:3 9:12,12 149:2,2 111:10 94:14,15 95:23 98:9,11,16 handwritten held georgia 98:21 99:7,16,20 100:4 49:9 50:17 15:4 114:12 4:16 5:24 102:10 103:22 106:20,22 hap help getting 107:6 113:12 54:23 12:23 54:7 75:20 77:22 23:25 93:4 group happen 93:24 108:1 124:15 give 31:5 34:18 38:8,9,11 42:21 44:12 helped 12:14,22 13:9 38:25 45:11 43:15 52:23 60:1,9 65:5 happened 77:17 51:14 92:3 97:12,14,18 70:5 71:1 74:9 76:6 78:22 30:6 111:25 helper 142:8 143:25 79:17 81:1 82:19,19 83:10 happening 124:4 given 83:11 84:7,21 85:8 86:4,6 54:24 138:17 helpful 18:7 54:4 151:5 155:1 89:15,16 90:20,23,24 91:2 happy 94:13 giving 95:13,19,20 96:1 101:13 13:8 helping 53:23 103:5 105:21 106:10 113:7 harbert 71:2 136:17 globules 118:7 128:14,17 129:6,25 5:15 henshaw 62:4,6,12,15,20 63:2 129:25 131:3,5,11,23 144:6 hard 109:13,17,20,23 110:5,11 gnandt 147:20 148:2 106:15 hereinabove 136:12 groups hauling 155:1 go 15:5 71:6 73:16 128:13 51:7 64:2 hereto 13:12,13 14:24 21:21 27:25 group's hazardous 155:1 36:6 46:16 64:8 67:14 83:25 94:12 104:6,19,22 105:13,20,23 hesitate 87:21 99:19,22 103:23 guess 106:2 126:10 13:7 107:5,15 112:17 116:9 29:7 61:7 87:1 95:25 97:3 hcl hey 120:16 123:1 124:8,23 101:4 61:9 148:25 135:9 144:23 146:16 guideline head highlight goes 71:9,12,23 87:15,15 120:1 13:2,2 37:15 58:23 81:16 97:15 56:9,13 59:18 guidelines 95:13 129:2 highlighted going 71:1772:1391:16,17,18,23 heading 97:12,18 13:12,13 18:11,1622:25 92:5,14,22 120:2 139:23 55:17 hill 33:4 40:9 47:5 49:15 54:11 gulf headings 27:6,15,20 28:13 58:25 64:14 69:10 71:10 10:18 107:20,21 history 76:5 77:21 100:4 111:8 guy headquarters 48:8,13 99:15 108:13 112:16 116:21 119:5 95:14 46:23 hoc 122:13 126:1 133:10 guys heads 64:25 66:17 136:23 138:4,17 139:7,8 95:17 94:20 hodges 140:19 141:9 142:7,16 143:17 146:17 good 9:7,20 15:20 59:2 110:11 122:15 h halt 55 20 56 4 hand 86:9,10 111:8 112:18 116:21 136:23 141:9 health 37:9,11 46:7,9 51:24,24 13:23 66:14 91:21 92:16,19 55:2,18 65:17 109:16 116:17 126:23 hodge's 127:16 128:5,15 129:17,18 63:23 135:19 137:13,19 138:1,15 hold 139:4 141:1,1,10,12,18 22:7 72:20 116:9 Pierle, Michael (Former Solutia/Monsanto Employee) WATER PCB-SD0000053657 [holler - interpretation] holler ignore 13:18 51:22 home ii 21:21 25:18 114:24 59:5,13 hosmer iii 73:4 76:19,21 83:12 62:3 host illinois 134:13 2:22 37:2 39:5 151:18 hour immediately 13:16 60:1861:2 hourly impact 14:16,20,21 82:3 83:2 hours impetus 14:14,15 20:18 23:21 122:10 house implement 113:1 131:17 88:4 133:18 howard implementation 65:8 89:4 90:1 103:12 105:6 huh 120:25 59:16 108:2 147:11 implemented huhs 96:2 128:10 13:3 implementing human 121:25 137:13 important hundred 39:14 113:21 improve hunsucker 94:3 3:12 8:21 improvement huron 90:1 5:1 9:11 improvements husch 58:1061:6,12 2:20 3:5 8:3 9:1 11:6 16:9 incentive 16:19,23,25 17:1,10,20 67:14 150:13 152:1 include hydrogeologist 16:15 74:5 131:13 included hydrogeology 19:16 20:20 21:4 23:22 131:18 29:1 47:9 59:25 66:2 74:4 hygiene 85:10 89:12 97:9 135:22 108:14 136:9 hygienist including 109:14,25 110:7,9 65:17 88:14 i inclusive identification 35:12,14 59:24 45:4 51:12,20 64:19 69:6 independently 77:24 85:19 97:11 100:24 108:6 111:7 116:20 136:22 141:8 142:5 143:22 identified 15:16 index 7:1,5 indicate 30:25 119:13,16 120:22 47:4 142:25 identify indicated 17:11 38:21 46:16 75:8 8:14 57:18 identifying 80:9 86:3 102:18 126:6 indicates 53:16 61:24 54:18 55:4 indicators installed 39:5 42:3 indirectly institute 131:22 15:16 individual instituted 11:2 47:17 66:5 72:11 72:2 75:10 109:24 112:24 instruction 121:23 122:3 127:18,19 56:3 61:1 121:25 134:17 instructions individually 12:1660:18 83:3 103:23 instrumental individuals 87:2,6,20 60:4 65:13 76:15 79:4 insurance 81:1885:1291:10 123:7,15 30:22 31:1,2 33:2,6 34:10 128:22 34:21 111:15 industrial insurers 38:8 108:14 109:14,24 34:13,15,23 110:7,9 integral industries 50:7 122:6 4:1 6:1 9:9,13 integrity industry 68:15 102:20 103:12 15:5,17 38:9,11 67:25 71:5 intended 71:7,10,11,23 73:15 77:12 102:14 104:18,22 105:2 81:1 138:12 intent industry's 112:9 71:3 intentionally information 60:20 61:2 12:15 35:14 42:19 52:24 interaction 54:10 55:5 82:23 94:4 139:25 99:19 100:19 110:18 intercepting 112:18,18 118:15 119:3 115:14 121:6 135:7 interest inherent 138:3 102:23 interested inherently 134:1 138:10 139:6 151:10 102:23 interface initially 71:5 74:20 17:11 81:9 90:25 92:23 interfaced 104:15 131:17 initiate interfaces 99:6 128:12 initiated interferences 90:11 57:19 initiation intermediates 122:11 78:21 input internal 71:25 141:18,19 34:17 75:13 87:15 101:23 inputter internally 93:3 41:4 inside interplant 89:16 96:9 42:18,19 54:17 installation interplay 61:15 95:5 installations interpretation 75:6 86:15 Pierle, Michael (Former Solutia/Monsanto Employee) WATER PCB-SD0000053658 [interpreting - lawful] interpreting january key kuhn 113:6 13:25 14:3 19:4 46:8 3:20 152:1 52:3,3,5,6 interrogatories jerry kind kuhn's 10:5 101:10 105:11 47:15 69:23 71:16 73:11 52:10 introduction jersey 76:7 82:17 97:7 102:22 kune 140:22 22:15,19 31:6,21,22 36:5 123:1 125:6,20 143:2 52:4,5 inventories 67:7 147:13,18 kupchinski 92:11 jessee knew 105:12__________________ investigating 78:4,5 42:17 57:14 97:20 99:12 I 77:6 jiggled 100:12 113:19 1.1. c. investigation 114:24 135:2 investigations 106:20 81:14 jim 9:8 138:6,13 148:25 jlh know 12:18 13:15 18:9 23:15,23 23:24 24:5 25:1,14 26:11 27:9 28:8,20,21 30:10 6:1 1.1. p. 3:19 lab invoices 109:11 34:25 35:1,17 36:17 45:13 21:7 56:25 14:23 involve jlm 109:8,10 47:6,20,22 48:5,7,13,14,15 49:16,17,20,20 50:21,24,24 labeled 57:18 38:12 involved job 29:23 67:10 81:16 83:10,16 52:8,11,14,19 53:13 54:3 55:3,21 56:5 57:4,6,6,19 labelled 45:21 31:7 34:14 35:21 38:5 109:24 110:11 114:12,12 42:22 43:20 53:10 58:19,20 117:18 60:4 74:22 91:11 94:12 jobs 58:3,5,20 59:12,19,24 60:2 60:11,1261:20 62:1363:5 63:12,22 65:3,5,6,13,17,20 laboratory 58:22,24 lack 104:16,25 123:5 133:9 134:4 135:24 139:22 43:24 88:21 joe 66:2 69:14 70:11 74:4 76:6 77:2 78:18,20 83:18,23 57:11 109:3 110:1 lafayette 143:20 145:22 147:21 148:15 involvement 9:1723:13,16,1724:17 25:8 27:9 john 86:6 87:23 89:11 92:5,7,7 93:20,20,21,21 94:2,2,11 94:1399:18 100:4 101:11 3:14 land 4:5 5:9 29:25 53:5 56:16 59:23 61:11,14,23 73:24 75:4 66:4,6 109:13,14 jointly 102:7,10 103:22 104:7 106:15 107:16 108:17 landfill 64:2 113:12,17,19,24,25 77:5,15 78:10 89:4 95:22 98:20 111:18 120:21 122:20 133:14 135:15 117:5 jones 142:10 109:5,6,17 110:8 112:6,14 115:6,8 116:11 117:3,6 118:23 120:11 121:10,21 115:10 122:19 126:16 145:6 landfills 144:25 145:5 148:9 iron joseph 3:4 8:25 152:1 122:13 125:1 126:15 128:10 133:2 134:4 136:13 113:17 language 71:14,1872:12 isomers josh 5:3 9:10 139:2,7 140:1,6,7,22 141:17,23 144:8,8 147:20 63:22 136:8,9 large 58:3 judgment 148:5 39:19 67:24 issue 93:16 103:7 125:21 141:1 issued 99:17 100:12 judgments 89:24 99:18 knowledge 28:25 34:19 54:10 63:8 64:4 66:17 80:1 90:9 larger 71:20 late 60:19 issues 31:3 51:2,6 67:19 74:19 81:25 119:13,15 120:15 julie 5:21 9:3 148:23 julio 60:8 109:19 145:25 known 35:14 118:21 koon 56:15 77:12 83:21 84:22 90:17 114:16 116:1 124:19 130:11 141:5 144:19 lavey 123:2 125:21 128:15 july 52:3 3:18 7:3 8:17,17 9:17,22 134:13 137:16 140:7 145:6 13:23 72:17 73:9 146:1 jumps item 25:2 101:10 120:20 121:10 june krummrich 31:8,10,19 36:5 37:1,4,20 37:24 38:12 39:24 40:23 41:5,10 42:16,24 44:1,6,11 10:7,8 25:8,12,16 64:8,14 97:12,15 98:5 108:3 110:4 110:10 111:1 136:25 146:16,22 148:16 149:7 items 112:11 44:13,19 45:23 47:10,12 152:1 86:19 140:20 j kearney k 48:1,9,12 49:18,22 51:2 52:25 53:3,4 54:12 55:1 law 16:5 88:13 97:9 136:5 jackie 148:6 31:22 keep 56:1,22 57:22 58:16,21 59:6,8 61:3 62:8,13,16,21 143:18 lawful james 4:3 127:21 25:16,19,22 47:5 135:25 64:5,6 66:21 67:17 68:23 69:9,19 74:5 10:2 Pierle, Michael (Former Solutia/Monsanto Employee) WATER PCB-SD0000053659 [lawsuit - matthews] lawsuit level (cont.) located manager (cont.) 10:10 16:22 17:1725:10 134:15 139:3 143:15 32:15 36:24 37:11 45:23 76:12,19 77:3,9 80:16 26:2,7,25 27:22 31:20,24 levels 48:1 72:25 76:12 80:5 81:3 106:5 117:12,12 124:12,15 32:8,10 35:18,23 36:1 39:18,22 54:8 55:21 121:17 location managers lawsuits liabilities 98:22 84:11 132:4 24:21 27:4 28:18 36:9 12:2,3 35:6,10,11 130:9 locations manager's lawyer 133:10,20 134:3,6 135:1 102:20 122:3 138:2 32:12 33:20 licenses long manpower lead 22:8 23:2,6,20 47:6 83:4 107:12 58:14,15 24:24 41:8 136:6 lie 107:19 120:16 125:8 manuals leader 104:23 131:13,14 88:5 70:5 131:11 133:15 life longer manufactured leaders 72:3 61:8 90:13 120:11 134:20 134:21 65:6 liked look manufacturers leading 140:5 27:13,25 39:8 45:14 51:14 15:12 94:12 limestone 52:14 64:23 70:7 102:14 manufacturing leak 122:19,23 126:16 103:3 108:24 109:7 110:14 41:6 70:6 84:9,11 103:5 102:24 limit 142:9,18 106:5 116:8 122:8 130:9,23 leakage 40:20 looked map 102:24 113:12 limited 24:4,18 100:9 135:12 107:8 113:5 leaking 35:9 37:4,6 87:11,17 98:1 looking march 68:16 101:17 102:4,8 104:3 line 13:2051:1667:9 71:12 143:25 144:5 leaks 28:22 107:12 127:5 153:1,1 89:23 91:15 93:18 103:17 marked 102:12 153:1,1,1,1,1,1 154:1,1,1,1 136:17 137:14 138:20 45:3,6,9,10 48:23 51:11,21 learning 154:1,1,1,1 loss 64:18,21 69:5,8 77:23,25 58:10 lines 59:10,19 85:18,21 93:9,10 97:10,21 leave 61:23 losses 100:23,25 108:6,8 109:1,2 72:15 lipa 53:16 59:6 60:5 111:6,9 113:4 116:19,21 leaving 152:1,1 lot 136:22 137:2 141:7,10 41:16 62:17 67:4 list 14:22 23:22 60:8 80:25 142:4,6 143:21 led 47:17 52:13,13,14 79:4,8 93:18 128:11 131:16 marking 142:20 86:11 103:23 123:1 140:20 louis 108:7 136:23 left listed 1:24 8:4 32:13 46:15 65:25 mars 30:6 38:19 42:11 44:12,19 86:9,13 113:5 122:19 75:18 80:6 150:4 151:12 27:6,15,20 28:13 57:22 83:2 86:9 148:7 lit low martin legacy 92:23 38:18 65:19 130:8 134:2 litigation Ip master's legal 10:11,21 11:12 12:11 16:11 5:10 20:6,12 21:3 8:10 39:4 92:6 27:1,5,24 29:1 30:20,22 lynette match legislation 31:2,11,17 33:2,6,12,13,16 4:11 8:23 107:21 80:22 34:10,16,16,19,21 35:15,22 m leitman 110:16 4:4 9:8 little lemmer 12:13 13:17 30:2,5 77:4 5:21 9:3,3 148:23,23 live letter 150:16 61:5 111:9,12 112:12 137:4 living 137:9,13 48:5 52:15 57:5 65:14 letterhead lloyd 111:10 106:4,5 letters 137:14 Up 3:5 4:12 5:22 152:1 level loading 14:24 33:10 42:18,21 54:24 61:22,25 55:1,2 73:20 89:9,10 97:1,2 local mac 76:5 117:22 maintained 70:21 making 49:6 67:22 68:16 95:17 134:15 135:12 145:19 mall 146:2,4,8 management 21:24 88:12 92:11 105:19 106:2 112:1 117:21 133:4 144:19 matches 109:8 material 31:1641:2 42:9 68:19 materials 50:7,9 57:19 62:24 68:18 matter 11:1529:11 46:3 97:16 128:25 matters 11:16 15:8,23 23:13 24:10 67:21 73:14,14 74:21 79:15 89:22 92:20 95:8 147:19 matthews 47:17 100:2,10 104:3 121:3,15 39:18 72:23 73:8 74:2 75:4,17 Pierle, Michael (Former Solutia/Monsanto Employee) WATER PCB-SD0000053660 [maynard - negotiation] maynard memorialized 5:13 9:6 90:3 mca mentioned 81:1 27:13 31:20 36:4 56:20 mcadam 58:2 91:14 99:10 135:16 3:11 8:20,20 148:18 155:1 mcc met 75:21 76:2 117:22 82:19 mcguire metals 101:11 102:7 105:11 71:15 mcguire's methodology 102:4 21:13 126:12 mci methods 78:20 79:2 21:10,20 53:25 56:17 mcwane michael 1:12 2:12 5:9 8:7 9:6 152:1 1:182:176:3 8:5 9:12 10:1 meadwestvaco 10:13 70:12 144:1 149:2 3:17 8:19 10:9 152:1 155:1,1 mean mid 14:22 15:21 19:13 22:24 91:20 24:9 30:1 50:23 57:14 63:6 middle 63:7,16 88:21 91:16 92:4 138:20 99:2 107:13 113:6 133:8 mike 136:15 148:13 105:11 123:18 131:10 means 132:3 145:20 41:24 99:3 107:8 113:6 mike's 126:2 124:14 meant million 17:15 49:10 50:5 56:23 29:2 133:2 mills measures 71:20 39:15 mind mechanism 115:22 150:17 42:10 mine medical 49:4 66:14 108:14 129:3 minimize medicine 59:5 109:15 minor meeting 68:12 25:4 97:24 101:2,9 102:2 minute 116:9 118:12,14 137:22 142:17 146:17 140:10,19 minutes meetings 63:19 97:22 101:1,5 108:4 25:24 85:22 97:23,25 101:6 110:25 137:15,22 missouri member 1:24 2:21,22 3:7 8:4 31:14 83:7,11 86:16 116:7 150:1,14 151:12,18 152:1 members mist 15:7,17 36:11,15 43:3 61:8,15 52:23 82:20 83:3,14 86:9 misunderstand 89:12,13 95:1 117:17 memo modern 46:3,8,25 49:8,11 50:1 104:2 51:20 53:13 54:17 63:23 moment 69:9,13,17,23 70:9 78:1,9 45:1251:14 78:19 118:9,20 money municipal 34:25 124:22 40:1,6 monitor munoz 39:1 41:4 105:21 60:9 monitoring mute 38:2,22 39:12,17,21 40:4,5 9:24 98:6 40:14,16 67:18 107:13,19 mystery 119:14 126:14 55:16 monsanto n 13:21 17:2,3,6,10,21,24 n.e. 18:22 19:25 20:6 21:25 25:18,19 27:5,24 35:22 36:12,18 39:24 50:1 57:1,8 63:9 65:21 70:22 72:18 4:15 name 8:10 10:8,12 15:1346:17 47:13,16,21 48:22 51:16 73:9 75:22,23 76:3 78:21 52:7 56:16 65:18 76:23 78:22 101:11,23 107:9 109:25 110:12 111:9 114:6 83:22 95:20 named 116:7,7,17 126:25 127:6,10 127:16,23 128:14 133:12 72:11 names 104:6 134:7,17,19,22 135:14 139:15 140:7,11 141:11,17 144:2 145:10 148:4,11 monsanto's 33:9 38:12 68:19 73:17 27:12 43:18 47:6 60:3 name's 53:13 narrative 33:24 108:13 121:12 monte 81:7,10,14 94:21 monte's 81:16 month 16:24 17:5,18 18:4,8,10,15 18:15,17,17 20:3 66:24 nassif 3:4 8:25,25 9:21 11:10 24:1 25:11,1326:251:1355:8 55:15 57:11 59:4 97:14 109:3 110:1,6 124:8 137:1 148:17,19,21 149:6,8,10 152:1 natural 132:18 monthly 53:1,3 nature 16:14,23 101:6 morning 17:19 82:20 85:24 22:9 near 40:3 99:21 8:4 9:7 23:14 mort 86:2,2 94:10 move 67:6 127:23 146:11 moved 46:14,22 48:11 68:23 91:1 nearing 42:3 necessarily 126:8 necessary 56:13 need 94:10 105:19 123:20 13:17 23:24 51:22 56:9 127:24 148:4 movement 118:18 moving 98:6 100:5 needed 94:2 99:11,18,19 100:1,12 100:13 118:23 140:1 117:23 118:5 mt 3:13 mullins 86:1,2 94:8 multiple 30:21 33:1 34:24 39:20 needs 9:23 negotiating 143:6,20 negotiation 145:1 Pierle, Michael (Former Solutia/Monsanto Employee) WATER PCB-SD0000053661 [negotiations - packaging] negotiations numbers okay (cont.) ops 144:18 14:17 135:10,10 136:10 40:13 41:24 43:9 44:22,25 117:16 nelson numeral 45:17 46:25 47:5,16 48:18 oral 3:12 8:21 59:5 62:3 51:10,19 52:2,6,18 55:4 10:5 network nw 63:2,18 64:8 66:4,12 67:12 order 53:20 60:11 6:5 69:4,22 72:15 75:20 76:9 23:8 39:1 108:11 112:18 new o 77:1 78:7 85:17 89:2 90:22 133:18 142:11,12,21 143:8 22:15,19 31:5,21,22 36:4 48:15,1955:15,16,1767:7 oath 12:18 93:9,18 100:21 107:1,5,20 143:24 144:3,20 107:25 110:24 116:25 orders 71:4 127:17 newspaper oaths 150:7 117:10 119:22 121:20 122:18 123:10 125:14 145:1,2 organization 29:4 nods object 9:19 124:8 145:16 126:21 131:12,23 132:25 15:15 136:12 137:6,8 142:2 organizations 13:2 nomenclature objection 9:20 57:11 109:3 110:1 143:23 148:16 149:6 old 15:6 129:21 original 101:18 non objections 151:2 126:16 older 104:16 152:1 originally 103:9 nonferrous obligations 119:9 144:21 104:1 olive 48:10 originated 71:15 nonsoluable obtained 55:5 1:23 olliges 31:19 origins 63:3 normal obviously 54:15,18 134:2 2:22 8:12 150:6 once 83:20 ought 143:13 north occasion 108:15 110:21 11:1434:16 116:6,8 136:1 93:21 99:22 ongoing outcome 4:6 5:5,14 8:8 northern 1:2 2:2 8:9 150:11 notary 155:1 note 47:4 50:17 112:6 notes 25:24 49:6,9 notice 150:9 noticed occasional 60:17 occasions 114:8 occur 129:13 occurred 118:3 October 10:15 64:22 65:21 offhand 76:22 101:2,10 68:22 115:24 118:21 125:21 130:16,17 onsite 35:10 56:21 77:7 open 68:20 opening 52:21 55:4 59:9 60:14 operated 92:12 operating 75:22 79:13,15 80:21 82:20 34:20 140:10 outline 119:19 141:14 outset 38:18 outside 82:24 89:13,18 131:18 outstanding 120:14 overall 68:20 96:7 123:6 overseas 33:3 notification offices 2:19 46:15,17 57:2 65:25 83:4 88:4 98:18,19 106:10 87:4 121:18 130:1 143:18 overseeing 96:13,22 notifications 66:2 73:1,2 75:12 76:13 80:5 81:5 128:13 150:13 145:14,18 operation 94:24 oversight 96:17,25 97:7 111:15,17 noting offsite 29:19 35:10 56:21,24 77:7 38:7 40:3 42:13 operations 128:9 overview 152:1 november 114:23 offsites 36:16 43:5 64:1,5 79:12 84:16,24 87:4,4 93:22 106:20 oxford 97:24 137:3 npdes 93:19 oh 95:12 105:13 106:12 111:22 113:13 114:17 146:4 __________________P_______________ 74:22 80:24 number 84:4 105:15 114:10 128:20 Ohio 117:16 122:6 123:12 opinion p.e. 22:17,21 23:7 32:22 8:7 14:1527:1 61:5,17 3:22 152:1 63:24 64:13,23 65:16 68:13 okay 33:17 opinions p.m. 2:19 86:19 98:2 104:5 105:10 108:12 111:5 114:20 119:12,24 120:3,5,14 122:18 125:15 126:15 9:21 11:5,11 12:6,10,24 14:12 17:15 18:13,20 20:5 20:15 22:3,14 25:2,12 27:18 30:11,19 32:18,21 33:9,15,23,24 opportunity 119:4 136:8 opposed p2s5 49:10,15,17,21 50:3,4,21 51:3 60:1764:1,5 packaging 34:7 35:21 36:15,24 37:22 71:20 61:19,24 Pierle, Michael (Former Solutia/Monsanto Employee) WATER PCB-SD0000053662 [page - plant] page particularly periodic pierle (cont.) 7:2 58:12 59:1 61:17 62:2,2 12:1261:22 14:23 7:12,13,14,15,16,17,18,19 63:10,21,21 65:4 98:2 particulars permit 7:20,21,22 8:5 10:1,8,13,14 105:9 106:19 108:1,11,24 28:16 32:3,3 39:3 74:19 23:11 25:16 26:6 36:11 109:2 113:3,4 119:22,23 particulate permits 45:3,5,6,10,11,18,20 48:23 120:17 125:15 142:19 39:13,14 89:22 92:8 51:11,15,21 58:1264:14,18 153:1,1,1,1,1,1,1,1 154:1,1 parties permitting 64:22 69:1,5,7,8,13 70:8 154:1,1,1,1,1,1 26:11 151:9,11 20:22 67:20 73:14 74:23 77:23,25 78:1 85:18,20,21 pages partly 80:24 142:23 93:10 95:7,24 97:10,21,21 106:18 107:5 119:18,21 101:17 perry 98:7 100:23,25 101:1 105:9 150:24 152:1,1 paul 1:22 8:1,10,12 9:2,14 63:19 105:11 108:5,7,24,25 109:1 panels 37:9,11 46:9,14 51:24 64:10,12 108:4 110:25 109:2,7,9,21,21 110:11 139:24 pay 111:2,4 146:18,20 149:9 111:6,8 116:19,22 136:21 papageorge 14:21 125:10 152:1,1 136:24 137:3,12 138:20 52:17 payne person 141:7,9 142:4,6 143:21,23 paper 4:4 9:8 67:20 79:19 132:7 145:17 146:22 152:1 155:1,1 24:3 pc personal pin paragraph 3:125:13 23:22 25:17,23 120:21 118:2 52:21 55:4 56:9,11 57:7 pcb 122:20 145:25 pipe 58:1260:1563:11 105:10 27:4,24 28:10 41:8 57:18 personally 5:19 9:4 102:23,25 103:1 119:11 138:21 58:3 68:20 77:6 82:9,9 18:25 65:7 110:10 122:22 place parallel 121:12 122:1,8 125:16,17 123:4 132:13 144:17 12:7 18:15 40:23 42:15 54:19 135:1 137:16 146:1,13 pertain 56:15 57:21 74:24 85:24 parameters pcbs 72:4 91:4 93:6 94:3 96:4 101:9 134:11 41:13,15,22 42:5 43:25 pertained 114:11 121:20 131:4 parens 47:9 53:9 54:6 57:10,18 21:13 138:18 141:22 145:11 60:16 68:11 121:9 122:14 134:6 perused placement park 134:20 141:2 142:25 45:15 62:23 112:24 peachtree pesticides places part 4:15 5:23 80:1 97:4 30:4 38:3 39:17 40:1,10 penalties peterson placing 42:25 48:3 50:3,23 54:16 32:2 148:6 77:19 67:14 71:7 75:15 77:8 79:2 pending Pharmacia plaintiffs 79:21 90:7 95:15 102:9 150:9 1:6 2:6 8:6 26:16 36:13 1:8 2:8 3:3 9:1 27:23 106:21 110:2 113:7 120:17 Pennsylvania phelps plan 121:9 125:7,9,10 126:17,20 6:5 4:1 9:9 99:15 107:15 122:16 126:5 130:16,17 131:15 134:22 people phenol 126:11 135:11 135:2 138:19 139:8,9 23:23 34:18 51:20 79:5 40:20,23 41:1 planned participant 84:10 85:14 87:24 88:12 phone 98:9 138:18 83:7 89:18,21 90:18 94:22 95:2 9:23,23 98:5 148:21 planning participate 98:18,19 100:10 116:10 phrase 42:23 83:14 118:6 121:24 123:10 17:16 plans participating 124:11,20 128:17,19 129:1 physical 52:24 90:1 94:3 138:23 68:1 72:7 88:25 89:3 138:12 143:18,18,19 42:7,23 43:21 115:23 plant participation percent physically 26:14 31:5,8,10,19,22,23 82:18 139:21 38:20 113:21 32:15 36:24 76:15 81:3 32:7,16 35:5 36:5,9 37:1,6 participation's perfect pick 37:13,20 38:3,5,12,15 39:7 90:16 57:20 40:9 39:8,12,19,23,24 40:1,3,6,7 particular performance picked 41:4,5 42:16 43:5,14,16 20:16 22:20,21 24:1 53:13 33:10 92:18 85:3 112:3 44:5 45:24 47:18 48:16,22 71:11 82:2 86:18 87:12,17 period piece 53:3,9,10 54:11,12,17 91:10 100:6,10 101:9 102:2 14:7 15:3,19 16:7,20 17:12 40:11 144:14 55:15,17 57:22 58:21 60:19 106:9,10 118:10 122:10 68:15 70:14 75:25 76:1 pieces 61:3 62:4,17,20 64:5 66:22 123:15 139:4,18 140:17 84:21 88:19 91:6 101:6 24:3 66:25 67:8,9,16,18,22,24 143:6 102:1 114:15 131:14 pierle 68:5,6,8,11,23,24 70:1,15 144:11,16 1:182:187:6,7,8,9,10,11 73:1 74:5,7,8,17,20 75:1,14 Pierle, Michael (Former Solutia/Monsanto Employee) WATER PCB-SD0000053663 [plant - protection] plant (cont.) pollution primarily (cont.) production 77:5 78:11,17 79:5,21 80:3 75:5 82:24 87:24 88:11 104:20 41:8,25 42:15,20 43:2,4,7 81:22,25 82:4 89:5,9,16,18 position 105:21 128:11 43:20,25 49:11,22 50:3,22 91:12 97:1,7 98:21 100:2,6 36:20 44:9 52:10 55:19,24 primary 51:3 60:18 100:9 103:13 105:7 106:1 65:20 66:7,21 70:18 71:3 38:4 products 113:5,24 114:4,9 115:5,12 72:20 79:11,13 80:9 81:9 prime 107:9 113:7,9 115:12,21 116:9,9,10 81:16 84:3,15 92:25 114:12 60:10 professional 117:22 118:17,22 119:10 117:18 124:19 127:17,18 principal 22:8,11 23:3 32:22 67:20 121:3 123:16 124:3,6,11,12 127:23 143:11 148:1,3 15:21 143:19 professionals 124:13,18,20 125:7 130:22 post principally 95:3 132:1 134:2,5 137:16 93:17 15:14 16:12 18:1 38:7 program 138:23 139:24 142:11 potential 41:1571:4 73:18 20:14,16 69:12,13,18 70:8 143:14,18 145:3 146:23 41:3 102:12 103:2 119:12 principles 86:21,22,23 87:1,3,5,11,16 plants 119:15 88:1 87:19 88:1 89:7 90:7,9,10 32:13 48:11 57:15 58:14 potentially prior 91:14 93:11,23 94:14,16 73:12,20,22,25 74:1,14 26:11 72:6 13:20 18:25 21:23 24:11,16 95:23 96:2,4 98:11 99:7 77:18 78:23 83:2 99:6,13 pots 25:21 26:3 35:18 51:23 100:3,6 103:22 106:21,22 102:10 103:17 105:3 61:9 83:9 85:13 91:7 98:12 107:1,3,6,14,19 120:8 120:12 124:16 130:9 potter 108:21 124:19 127:18,19 125:25 play 15:23 129:23 130:4,5 131:4 136:1 programs 140:12,12 power 140:4 141:14,15 68:20 91:15 92:12 128:10 played 39:12,19,23,24 40:1,6,7 priority progress 139:15 145:7,23 58:14,15 107:6 118:23 plaza practice privy progressed 2:20 3:6 4:13 5:15 8:3 21:7 29:4 58:11 150:14 152:1 pre probably project please 34:16 12:8 13:15 19:11 27:11 56:5 59:11 115:5 132:4 8:14 9:2,14 10:12 13:7 precipitated 38:19 50:12 54:19 61:21 133:3 135:13 147:21 152:1,1 102:19 143:1 79:24 88:17 97:6 99:22 projections plural precursed 114:3 119:17 124:12 136:3 137:22 29:7 132:21 projects plus preparation problem 26:13 55:19 77:5 81:21 61:7 23:18 58:7 118:9 58:15 82:7 86:20 104:24 106:1 point prepare problems 115:6 119:2 122:21,25 13:14,18 16:8 17:9,18,20 23:12 104:15 52:24 54:13 57:24 58:13 124:15,22,23 125:4,7 44:8 45:22 69:20 72:18 prepared procedures 126:13 130:15 132:10,18 73:1,4 75:17 76:21 78:10 46:8 104:14 141:11 104:7,12,19 105:1,6 134:17 135:24 136:18 79:19,22 80:20 81:6,11,13 preparing proceed 142:14 144:2 146:14 81:25 88:15 89:17 90:23 39:9 46:3 72:5 102:8 138:5 94:3 124:21 147:15 91:1 94:9 100:15 106:16 present proceedings promotion 111:22 123:8,19 125:12 8:1562:7 113:17 11:17 67:13 127:25 129:10 131:3,20 president process prompt 134:23 140:25 144:5 13:22 88:24 90:13 91:8 22:23 40:22 43:20 49:20,22 152:1 147:22 93:7 116:17 124:20 126:22 50:7,8,22,24,25 51:4 58:10 pronouncing points 127:15 128:1,4,16 135:18 67:22 72:1,10 88:5 93:25 52:3,3,5 65:8,9 140:8 143:11 145:10 147:23 95:15 98:11 99:3,10 100:8 properties policy pretty 111:16,18 114:25 133:16 115:12 91:25 92:5 94:18 95:6,9,17 42:5 83:24 89:17,19 90:15 134:5,25 135:8,23 142:25 property 95:1896:1 111:15 121:11 90:15 93:8 96:6 99:14 143:1 145:7,12,15 121:16,20 122:7,11 128:6,8 115:2,11 125:10 141:5 processes proposed 145:11 previous 88:2 96:8 86:19 pollutant 80:8 produced propounded 40:19 previously 25:1049:16,17 108:10 10:5 151:2,5 pollutants 10:20 36:19 44:8 108:18 product protection 40:14,15 primarily 47:8 92:17 72:23 73:9 74:3 75:5 76:12 15:4,11 28:9 39:11,16 76:20 77:4,9 80:16 Pierle, Michael (Former Solutia/Monsanto Employee) WATER PCB-SD0000053664 [provide - reference] provide q reach recall (cont.) 16:4 33:21,23 35:25 36:3 qualifications 102:16 114:11,21 115:12,14 118:9 37:4 72:8 93:1 110:21 provided 33:22 qualified 26:25 29:19 33:4,5,15 34:2 109:23 110:7,8 150:7 reached 14:20 reacquisition 118:14 119:14 121:22 122:4,11 125:20 126:9 132:2,6 137:15,17 138:5,25 35:25 78:12 110:15 120:24 qualitative 145:7 140:14 141:3,4,13,19 144:4 121:5 125:24 59:9,18,20 read 146:24 providing quality 45:12,16 46:6 49:8 61:7,19 recallable 16:10,19 17:23 18:3 27:7 40:5 72:2 33:5,17 36:8 74:10 144:24 provision quantify 134:25 63:13,17 152:1 153:1,1,1,1 96:18 153:1,1,1,1 154:1,1,1,1,1,1 recalling 154:1,1 155:1 47:19 16:15 quarterly reading receive provisions 135:8,16 29:3 50:1 57:7 60:23 18:4 18:18 quasi 106:17 received prp 139:20 38:9,11 queeny reads 60:15 19:4 20:6 97:6 receiving prps 74:5 real 53:12 55:21 101:5 26:12 question 26:9 58:9 recess public 3:21 141:1,12 152:1 155:1 published 13:6,8,9 15:20 51:18 52:15 really 60:12 92:4 93:16,18 97:17 25:1,3 28:20 30:1 46:5 102:11,15,17 103:3,18 47:15 49:7,12 60:9 73:19 64:11 111:3 146:19 recite 33:23 101:15 112:16 126:1 127:24 74:16,20 76:7 78:7 79:25 recognize pull 132:21 133:23 146:10 81:24 97:16 100:1 148:14 48:2551:1565:18 110:17 136:10 purchased 145:15 questioning 98:1 questionnaire realtime 2:24 reason recognizing 122:12 recollect purdue 77:12,16 78:13,17 11:21 69:22 108:8 115:16 24:24 25:7 142:13 19:4,9,18,23 20:1 questions 138:24 145:16 153:1,1,1,1 recollection purporting 9:19 10:7,11 11:25 12:22 153:1,1,1,1 154:1,1,1,1,1,1 27:7,22 29:15,16 34:20 97:22 45:13 46:1,7 78:7 100:19 154:1,1 44:14 46:2 49:5 64:24 70:7 purports 101:3 102:19 132:22 140:8 reasonable 96:22 101:25 102:3 112:20 69:8 85:21 148:17,18,19,22,24 149:1,3 35:20 119:7 113:13 137:17 139:2 143:5 purpose 149:5 151:1,4 recall recollections 78:9 82:22 104:18 105:17 quick 116:13 45:7 10:23 11:21 12:5,6 14:18 105:5 110:20 125:17 14:23 15:9 17:7 22:16 23:6 recommendation purposes quickly 24:5,7 25:4 28:6,8,11 29:3 68:3 104:1 145:14,19 53:20 135:5,17 144:24 29:6,13,14,21 30:16 31:1 recommendations pursuant quiet 31:10,12,24 33:5,8,14,16 133:16 105:6 150:9 pursuing 26:13 74:19 quintard 146:2,4,8 33:17 35:5,8,9 36:7 37:14 recommending 37:16 40:16,19,22 42:8,11 68:2 42:14 43:18 47:2,3,7,10,13 record put quite 47:17,23 49:12,13,19 50:11 8:1,15 10:12 12:24 45:7,20 9:23 16:8 34:12 39:15 56:18 131:17 51:1,6 52:6 53:12,19 54:2 64:9,10,12 111:2,4 142:9 41:16 54:7 57:16 94:3 quizzical 54:14,16 55:7,24 56:3,6,8 146:16,18,20 149:9 96:20 121:20 129:17 30:5_____________________ 56:14 57:16,21,24 58:15,22 recovery 135:13 putting r 58:24 59:11 60:3 61:1 26:10 62:11 65:10,23 66:4,6,6,24 redington 12:1 73:17 109:20,21 railcar 68:1769:1,16 71:8,11,16 117:8,9,10 118:6 135:20 31:15,17 71:19 72:11 75:3,13 77:11 reduce puzzled ramsey 78:15 80:13 81:21 82:2,7 41:18,18 54:8 56:6 30:1 pwg 69:1 rate 84:4 88:19 89:3,6,19 90:8 reduction 91:10 93:14 96:15,25 98:20 92:12 1:102:108:7 14:16 rcra 99:12 100:22 101:5 102:21 refer 103:6,10,11,24,25 104:21 94:15 122:18,21,24 126:15 105:14,16,25 108:21 reference 110:17 111:14 112:13,15 39:25 50:16 53:2 59:9,10 Pierle, Michael (Former Solutia/Monsanto Employee) WATER PCB-SD0000053665 [reference - restructuring] reference (cont.) relate reminders representing (cont.) 59:21 60:22 62:3 63:10 36:9 24:4 26:22 78:19 86:19 93:10,12 98:3 related removal request 98:8,10 104:8 119:24 15:8 24:8 31:11 44:5 60:8 125:16,17 17:25 52:22 125:16,23 138:6 68:7,10 72:9 77:6 80:19 removals require referenced 81:22 82:9 137:19 147:17 122:16 23:7 119:13 46:7 53:6 87:5 95:19,24 151:10 remove required 98:4 relating 122:1 25:21 58:8 125:4 145:13 references 19:19,21 25:17 27:1,23,24 removing requirement 56:11 59:20 61:20 75:21 31:20,21 33:9 43:24 69:18 42:10 87:14 99:6 76:5,8 101:22 71:18 106:1 131:25 reorganization reread referencing relationship 129:16,23 131:9 144:12 24:19,20 63:3 97:24 16:24 18:14 139:25 reorganizations research referred relative 75:14 65:22,24 66:2,10 39:23 70:11 110:18 117:20 24:10,11 26:13 31:8,18 reorganized residential referring 39:12 40:5,21 68:23 71:7 84:22 148:12 115:9 29:13 62:13 69:15 94:6 73:13 74:20 79:23 89:4 repeat residents 101:10 113:14 119:19 91:12 92:19 93:21 98:21 62:9 28:11 120:5 145:18 103:12 105:23 107:8 rephrase resolved refers 118:16 119:10 123:16 13:8 62:10 28:18 125:23 62:4,22 86:24 104:5 121:9 124:15 132:11 133:6 replaced respect refresh 139:17 140:7 142:14,24 68:19 76:22 83:12 147:23 58:16 67:19 74:14 75:11 110:19 relatively 147:25 82:25 96:16 113:23 124:4 regard 42:6 120:12 replacing 136:18 138:1 12:1 60:5 61:11 71:22 relayed 104:1 respects 78:11 96:23 98:12 140:12 116:5 reply 151:3 141:2 145:5 release 10:4 respond regarding 31:16 report 17:25 10:11 18:25 28:25 34:9 released 33:5,22 34:1,3 76:18 88:7,9 responded 46:2 48:24 51:2 53:2 57:25 51:3 90:4 101:16,22 102:4,8,14 78:17 101:3 102:3 103:7 104:6 releases 110:21 117:3 121:8 124:3 responding 137:16 144:20 145:2 41:19 43:25 53:16 127:5 129:11 131:9 132:2,8 77:16 146:13 relied 136:2 144:9 response regional 33:25 reported 78:12 103:13 128:13 relocate 85:12 100:3 124:10,11 responses registered 67:7 129:2,3,4 131:5 150:23 77:18 2:23 22:11 rely reporter responsibilities registration 100:2 2:23,24 8:12 9:16 12:20,23 11:24 32:6,11,14 37:3,23 79:25 relying 13:4 151:17 38:22 44:5,15 67:16 68:22 regulation 110:19 reporting 70:25 73:8 74:2 79:23 20:23 remarks 1:22 8:13,14 15:18,21,24 80:15 94:24 105:25 118:5 regulations 151:2 37:8,12,14 73:4 76:16 81:7 125:8 127:4 128:4 129:7 71:3 72:5 73:16,18 80:22 remedial 81:10,18 85:14 128:17,22 131:25 132:3 133:4,5 80:25 82:2,25 33:10 126:5,16 136:18 129:8 131:20 144:6 152:1,1 responsibility regulatory 144:1,20 reports 29:24 60:10 73:13,23,25 74:21 75:2 80:10,17 81:4 remediation 39:10 40:21 88:16 93:1 74:15 75:8,11 78:16,23 81:12,17,19,23 82:8 84:3 25:5 29:2,16,19,25 116:14 98:3 136:7,11 138:5 100:14 104:23 117:21 84:14,18 87:9 91:15 96:11 129:6,7,11,24 130:8,18 represent 123:16 128:23 129:24 105:19 112:1,2 129:1 131:6,25 132:11,17 146:14 10:9 25:8 71:2 110:15 130:8,14 132:12,17 135:25 rehash remember representative 136:19 12:11 14:1626:1027:12,12,14,16 10:23 11:3,12 26:24,24 responsible rehired 27:16 28:12 34:8 42:12 45:9 34:12 68:1 71:2 79:14 72:22 49:15 56:16 91:4 113:22,23 represented 128:8,11 reiterations 114:1,19 115:2,23 116:4 11:5,6 95:13 118:22 119:1 restructuring 130:12 118:12 142:20,22 143:2 representing 130:5 131:4 145:9 8:13,18,25 9:4,6,9 16:6 Pierle, Michael (Former Solutia/Monsanto Employee) WATER PCB-SD0000053666 [result - set] result right (cont.) sampling seeking 33:12 103:18 147:9 41:9,14 53:20,22 54:5 60:8 139:14 results ring 60:11 69:11,12,1870:8 seen 88:7,9 89:25 90:3 120:13 34:5 sanders 62:5,14 116:23 142:8,12 retain rise 2:20 3:5,19 4:12 8:3,18,24 144:3 23:2 125:2 9:1 150:14 152:1,1 select retained river sanitary 22:24 23:5 31:23 32:7 44:24 45:1 19:12 selected retainer 66:22,25 67:8,16,25 68:6 sat 22:25 14:10,12,14 16:8,14,23 68:11,24 69:24 70:15 88:16 90:13 self 17:5,10,14,18,19,24 18:13 robert satisfactory 88:7 18:22 142:10 135:9 send retention role sauget 56:21 115:1 147:1 14:6 32:13 34:9 37:5 38:1 37:1 38:4,16 sending retire 46:14 47:19 54:16 71:22 saving 57:15 127:25 77:15 88:17 92:21 93:2 59:1 senior retired 96:16 105:19 110:12 124:4 saw 44:22 67:2 79:11,12 94:20 13:22 76:21 81:14 96:5 124:14 127:1 132:19 76:9 108:17 145:15 121:17 133:17 127:22 131:25 141:22 135:19 137:19,25 138:4,11 says sense 144:24 147:7,16 138:13 139:7,8,12,15,22 10:4 57:14 103:4 109:8 103:20 retirement 140:11 143:17 147:16 119:25 138:22 sensitivity 14:1,2,5 15:3 90:12 141:6 148:7 schedule 119:14 141:15 roles 56:13 sentence retrofit 32:5,10 38:22 96:15 scheduled 59:9,14 60:14,15 62:13 121:12,25 roman 99:1 69:11 119:11 return 59:5,13 62:2 scheduling sep 152:1 room 98:8,15 50:6 returned 8:16 scientific separate 72:18,21 73:9 ross 4:10 8:24 58:23 review 111:10 scope separation 24:1,15 25:22 72:3,8,8 rotate 35:6 104:18 105:17 41:17 42:2,7,23 43:21 92:25 98:22 99:1,4 100:15 43:14 scott 134:13 110:22 112:7,10,18 116:13 rotated 5:4 9:11 September 120:18 136:1,8 145:13 84:11 scratch 1:20 2:21 8:2 150:16 reviewed rotating 127:24 151:13 24:23 95:10 84:5 searching sequence reviewing routinely 108:9 94:11 123:6 71:24 89:23 108:21 147:18 112:10 Seattle series reviews rule 74:7 33:23 43:12 91:18 132:4 88:16,20,23 89:1,3 90:14 71:12 82:3 second 140:11 93:4 98:9,16 104:17 135:5 rules 56:10 58:25 60:15 86:22 service 135:17,18 80:24 125:6 98:2 119:22 132:23 137:12 129:20,21 131:11 richard run secretarial services 66:8,9 12:16 15:16 38:9 58:22 94:22 15:2 16:5,11,19 17:23 ricky running secretary 36:21 37:16,18,24 43:1,3 69:1 60:10 84:8 86:5 43:19 48:3 70:5 74:10 right s section 13:4,10,18,24 19:5 20:3 21:22 24:6 30:11,15 36:22 safety 13:23 89:16 91:21 92:16,20 63:22 sector 96:13 37:9 39:9 44:11,12,20 46:5 116:17 126:22 127:16 75:15 46:18 56:22 66:8,16 67:3,4 67:5,5 70:22 73:5 76:23 128:5,15 129:3,17,19 135:19 143:12 147:24 sectors 71:10,11 81:8 85:9 86:10 87:5 99:24 107:25 115:18 117:25 sample 58:6 seeing 53:12 62:11 76:4 138:11 123:13 126:7,21 127:2 128:17 130:3 141:22 144:7 samples 39:6,7 53:23 54:1 58:8 141:13 144:4 131:15 137:14 144:25 serving 15:25 sessions 83:15 set 33:22 38:9 51:10 66:18 87:19 89:7,15 91:22 101:1 104:12,20,22 105:1 110:24 134:11,12 142:3 150:25 Pierle, Michael (Former Solutia/Monsanto Employee) WATER PCB-SD0000053667 [setting - staff] setting signature (cont.) 12:17 87:6,21 99:15 152:1 155:1 settled signed 35:2 117:4 137:4,5,8,9 settlement significant 28:19,21,25 29:4 30:10 99:4 138:8 148:11 similar settlements 67:17 72:24 75:18 138:15 34:22,24 35:7,9 similarly seven 74:10 106:21,24 107:14,15,20,21 simple 123:14 128:21 42:5 120:12 122:5 sewer sincerely 102:22,25 103:12 152:1 sewered singer 60:20 127:21 sewering singling 52:25 53:2 55:20 56:4,7 138:25 60:1761:2 singular sewers 137:22 101:17 102:4,8,10,12,20 sit 103:8 104:1,2 29:22 shakes site 13:2 28:10 39:24 66:1 67:24 sharing 73:14 98:9,9 99:15,16,20 54:10 119:3 146:8 99:21,21 100:18 104:7,19 sheet 115:12 116:10 118:22,24 120:18 120:19 138:2,23 sheets sites 152:1,1 93:19 104:22 122:9 125:7 shore 131:19 137:20 138:1 10:18 139:24 shorter sitting 120:13 28:3 52:14 88:19,23 show six 142:16 91:19 93:25 98:11 99:7 shown 106:24 25:9 108:19 150:21 sixth sic 3:6 5:14 101:16 skip side 77:21 34:2 39:11,14 40:13 86:9 small 86:10 115:6 119:23 125:14 71:1 131:6 134:19 smaller sided 120:12 59:1 smelter sides 39:19 18:18 smith siegal 4:11 8:23,23 148:20 4:4 snow siegel 62:5,14 125:16,17 9:8 so2 sign 39:16,18 40:5 25:22 145:13 soil signature 19:22 117:1 137:6 144:1 151:6 solid specialty 40:16 84:20 105:20 22:22 129:5 solutia specific 1:5 2:5 8:6 10:11 11:17 15:9 27:12 28:24,25 29:15 12:3 14:6 15:2,18,24 16:5,6 30:1639:6 40:1941:14 17:3,1225:1826:12,16 43:17 81:21,25 82:3 90:18 27:5,23 29:9,23 35:22 91:24 96:22 105:5 112:20 36:12 45:9 114:18 127:2,6 123:13 136:4 137:18 138:3 127:13 131:4 132:18 133:7 138:23 140:17 143:5 133:12 134:3,7,18,21 specifically 135:13,16 146:9 147:24 24:24 35:8 39:1 43:21 148:4,10,12 152:1 53:18 56:4 57:22 67:22 solutia's 71:6 76:2 96:19 106:1 13:22 110:18 112:13 115:14 solvent 138:5,21 139:6 142:17 42:6 147:17 somebody specifics 9:23 53:24 80:2 129:25 12:5 24:5 28:13,22 42:12 132:5 136:5 137:5 148:3 49:12 50:25 89:6 90:8 someplace speculate 53:24 57:1 110:4,6 sorry speculation 43:11 47:5 55:14 67:8 110:2 79:16 98:7 106:7 109:11 spend 117:14 127:24 137:3 146:4 23:20 sort spending 18:15 29:6 33:11 38:8 39:4 124:22 42:8 50:18 58:23 66:14 spent 73:15 75:13 84:7 88:1,22 23:19 35:1 38:14 49:10 91:20,22 92:23 93:3 95:25 50:2 51:7 63:25 64:4 140:3 105:15,21 120:14 122:15 spillage 122:17 123:3 124:4 128:23 61:22 132:4 134:11,15 138:3 spilling 142:22 61:25 sorts spin 92:9 127:13 131:5 133:6 135:16 sound split 35:20 73:5 150:17 130:14 132:3 source spoke 60:16 126:6 106:23 sources spokesperson 39:20 40:12 59:10,19 99:16 128:14 102:12 springate south 65:3 48:15,19 113:25,25 115:10 square southern 3:21 152:1 3:10 8:21 squire speak 3:19 8:18 152:1 12:19,21 ss special 150:3 19:7 20:11 33:20 St specialist 1:23,24 4:6 8:4 32:13 46:15 8:11 65:25 75:18 80:6 150:4 specialized 151:12 80:18 staff 82:21,22 83:15 84:3 88:13 Pierle, Michael (Former Solutia/Monsanto Employee) WATER PCB-SD0000053668 [staff - targeted] staff (cont.) steering 129:16,18,19 130:12 131:9 98:3 144:14 stenotype staffs 150:23 144:13 step stage 58:7 93:25 98:11 99:7 19:17 100:7,7 steps stamps 99:7,25 107:22,23 140:14 51:23 sticks stand 115:21 101:19 stipulations standard 9:18 21:20 50:8 90:6 stood standpoint 25:3 126:2 35:13 92:6 122:15 140:18 stop stands 56:7 61:2 62:24 47:20 49:16 78:20 stopped Stanford 60:18 22:1 stormwater start 115:1,4,10 142:24 147:1 32:9 85:1 story started 59:2 9:22 37:9,25 74:2 117:6 streams starting 62:7,12,15 2:18 64:23 80:10 street starts 4:15 5:23 105:11 strike state 146:10 10:12 22:14 39:4,10 40:21 structure 73:19 75:1 138:21 139:3 83:16 91:21 124:12,13 143:20 150:1 125:13 statement studies 43:6,10 113:11 137:19 138:1,15,18,19 statements 139:19 143:3 92:1 study states 19:7,8,1820:11 59:10,19 1:1 2:1 8:8 48:12 52:21 59:20 103:12 139:4,8,9 55:1856:11 58:1361:5,18 studying 119:12 138:14 150:10 60:5 151:18 stuff stating 80:3 101:15 sturgeon stations 31:13,14,14 39:21 subject status 27:19 46:3 93:15 102:10 23:2 44:11 56:11 93:1 128:25 113:20 118:17 119:5,6 submission 120:1 121:8 39:10 statute submittal 142:18 96:16 stayed submitting 34:14 90:15 14:23 steam subscribed 61:23 155:1 steel subsequent 5:1 9:11 71:1472:12 34:14 48:8 66:20 88:22 subsequent (cont.) sure (cont.) 92:24 104:16 119:19 99:5 117:22 128:9 133:8,24 subsequently 137:22 142:13 147:25 15:13 surface substance 42:8 34:19 85:11 surrounding substances 11:16 24:25 138:23 145:6 112:4 surveillance substantial 38:2,23 39:2 60:16 suspended substantially 40:15 131:18 sustain substantive 23:8 78:8 sw succeeded 21:15 75:10 swear sued 9:14 34:24 switched suffered 85:3,4 33:1 swore sufficient 9:16 100:8 sworn suggest 10:2 12:18 150:19 155:1 46:22 system suing 53:22 75:2 26:16 systematically suit 93:25 31:5,6,7 151:10 systems suite 5:9 19:14 54:8 63:25 68:16 1:23 3:134:145:5 68:18,21 102:25 suits 36:4 sulfur 39:13 summarized 52:23 super 92:10 93:17 137:20 supervising 85:8 supervisor 46:12 48:8 84:21 85:14 86:4 supervisory 132:12,16 support 15:5 74:10 129:21,21 supporting t taffee 555 taffy 556 taken 2:18 8:5 13:3 21:24 34:3 54:1 55:18 100:1 137:25 152 1 155 1 talk 56:9 109:21 133:25 138:22 talked 18:24 22:4 23:13 32:22 77:4 97:25 107:2 145:20 talking 16:4 41:20 63:23,25 98:12 130:4 147:4 70:6 suppose 61:19 tape 33:21 sure 13:16 63:20 64:13 108:3 111:5 9:19 12:14 13:1 15:20 19:2 22:22 28:5 39:9 42:17 taped 1:17 2:17 47:15 50:13,14 63:7,14 targeted 68:16 75:17 76:8 77:20 90:20 Pierle, Michael (Former Solutia/Monsanto Employee) WATER PCB-SD0000053669 [task - transferred] task testimony (cont.) third timing (cont.) 94:23 133:19 51:23 150:22,25 155:1 5:5 27:14 119:11 131:8 tasked texas thompson title 33:8 87:22 102:7 103:17,23 22:1 5:3 9:10,10 4:5 36:20 67:2 72:24 83:25 tasks text thought titled 43:24 44:4 68:7,10 77:6 49:11 78:19 30:4,5 79:16 94:2 110:5 108:13 81:21 82:7 thank three today team 9:14,24 51:13 137:1 149:8 23:21 27:4 28:17,23 30:25 8:2,11,13 10:10 11:1,7 34:11 89:10 121:24 133:17 theirs 39:5 61:17 62:2 104:5 13:13 16:25 19:2 23:11,18 teams 125:10 111:5 119:24 120:3,5,10,16 26:3,4,22 29:23 45:6 52:15 91:11 theory 126:15 112:22 113:13 technical 21:6 threshold today's 15:6,14 36:21 37:16,18,24 thereabouts 14:20 125:2 24:2 38:6 43:1,3,19 48:3 70:5 85:24 throdahl tolbert 72:9 131:16,17 thereto 76:24 81:7 94:21 27:6,14,21 28:13 29:12 technician 151:3 till told 60:9 therminol 88:23 53:17 techniques 50:11 60:17,22 63:25 68:14 tim tool 56:10,13 57:9 58:11 59:17 thing 8:10 3:10 8:22 technologies 21:1933:11 51:1958:4 time top 54:5 122:15 141:24 11:5 12:4 14:7,13 15:7,12 119:25 technology things 15:22 16:7,8,20,23 17:12 topic 101:16 74:13,18 81:14 92:9 94:1 18:14,22 19:11 22:18 23:4 102:4 telephone 102:21 103:23 123:2 23:19 29:17 30:2 32:5,8,9 topical 4:2 5:2,11,20 6:2 9:2 48:24 think 32:25 35:15 37:8,12,17 93:16 49:5 11:23 13:12,25 15:11,13 38:14,19 40:2 41:5,16 42:4 topics telephonically 16:7 17:1,11 18:17 19:11 42:11,14,17 44:8 45:21,23 10:24 85:5 91:22 150:16 21:4,18 23:21 25:13,14,20 46:11,13,14 47:6,25 49:18 tort tell 26:9,12 28:12 31:4,6,13,14 50:9 53:8 56:18 57:15 59:7 30:20 12:18 13:7 49:9 53:15,18 31:19 32:1 34:15,22,24 61:3,10 62:6 64:25 65:7 tos 59:3 86:23 93:11 106:16 36:6 40:2,25 41:3,11,12,16 67:2 68:6,15 69:20 70:14 88:5 tend 43:6 44:18,19 46:13 47:14 71:5 74:7,16,23,25 75:25 total 25:22 75:18 48:10 50:8,16 53:7,23 76:1,8,11,21 77:19 78:10 39:7 69:12 70:9 tended 56:18 58:2 61:21 62:22 78:24 79:1,6,14,18 80:20 tower 92:17 125:11 128:25 129:4 64:15 67:4,13 68:14 70:4 81:2,6,25 82:14,18 84:2,9 3:20 152:1 term 71:14 72:3 73:3 74:24 84:13,16,21,25 85:2,11,24 toxic 26:12 33:20 87:1 107:12,19 75:14,19 76:23 79:7,8,19 86:2,6 88:3,15,19,22 89:2 30:20 85:10 112:4 terminology 81:2,6,15 83:13,20,24 84:4 89:11,17 90:11,21,23 91:5 toxicology 26:11 84:6,7,23 85:10 87:2,22 91:23 92:13 94:10,17,19,20 15:16 terms 88:11 89:11,12 90:15,17,20 96:10,14 98:16 100:13,15 traced 12:12 15:1 18:13 26:9 58:3 91:5,19 93:14,17,25 94:19 100:20 101:6,25 105:7,18 61:23 63:6 89:8 105:17 119:4 95:21 96:6 98:17 99:9 106:6,16 107:11 111:14,25 track 140:11 100:3,5,7,18 101:20 102:13 113:6,20 114:15,17 115:3 120:1 126:12 test 102:21 103:3,20 105:18,20 115:24,25 116:2 117:11 trade 22:25 107:17 108:19 111:20,24 118:2 120:10,16 121:11 15:5,9 81:1 testified 111:25 113:20 115:11 123:8,11,13,19,22 124:19 training 10:20 12:12 30:21 31:2 116:6 117:5 118:22 120:9 125:6,12,19,22 126:25 22:4 36:20 37:7 41:12 44:9 73:3 122:12,25 123:17 125:21 129:9,10,15 131:3,8,13,14 transcribed 81:6 84:14 150:21 126:4 129:14 131:15 136:5 136:15,17 140:3,25 144:5,9 150:23 testify 136:17 138:1,9 139:5,17 144:10,13,16,19 145:11 transcript 10:2 150:19 145:10,20 146:17 147:13 146:23,25 147:10,22 24:15 28:3 150:22 151:4 testifying 148:1,1,7 times 152:1 155:1,1 11:18 thinking 14:23 27:1,10 30:21 83:9,9 transfer testimony 17:1621:1731:9 106:24 84:5,5,9 114:25 147:18,20 50:5,10,15 51:7 60:22 13:20 16:16 18:3 21:23 113:21 141:5 147:8 timing transferred 24:21 26:3 27:8 36:1,3,8 29:11 30:5 77:22 78:9 67:1 122:25 123:1,17 Pierle, Michael (Former Solutia/Monsanto Employee) WATER PCB-SD0000053670 [transferring - wells] transferring typical update visit 117:21 89:13 135:25 114:9 115:16,20 116:10,11 transformers typically updated 116:13 140:5 121:9,12 122:1,8,14 95:10 120:10 136:2,4 12:15 135:7 visited transition u updates 74:16 114:4 146:23 17:7 118:13 144:11 us 93:2,4 104:17 112:11 visiting transmittal 5:19 9:4 70:16 86:25 87:5 142:23 137:17 52:22 transportation 1452 uh usa 86:21,23 visits 114:13,20 116:5 146:13 13:3,3 59:16 108:2 147:11 use vitrified treatment uhs 50:8 53:22 68:20 87:1 102:22 19:14 21:5,5 38:5,15 67:23 13:3 useful vp 68:4 74:25 ultimately 138:22 114:17 116:7 132:19 trees 28:1868:18 130:13 usual vs 59:1 um 9:18 1:102:10 152:1 trial 79:7 usually w 28:19 35:3 36:1,3,6,8 understand 9:17 wait 150:12 trick 11:1 13:6,21 19:25 39:17 39:21 40:11 50:19 53:8 utility 39:19 12:22 waive 28:2 54:4,7 70:15 85:1 94:1 V 149:10 tried 99:22 101:17 102:20 103:5 vaguely waived 54:19 117:23 119:4,6 127:1 138:3 102:6 151:6 troutman 138:16 140:1,6 valley wake 4:12 8:23 understanding 5:1 9:11 60:13 true 19:2 26:6,8,15,19 29:22 value wales 151:3 155:1 49:25 96:12 103:16 109:19 12:2 48:16,19 55:15,16,17 truth 113:16 138:10 139:6 146:9 varied want 10:3,3,3 12:19 150:19,20 150:20 understood 21:23 37:7 99:5 93:2 120:9 123:13 variety 12:15 13:1423:1551:19 52:20 63:24 101:17 106:18 try undertake 72:6 wanted 13:8 39:8 41:17 53:22 56:5 124:22 various 21:17 86:20 107:7 108:1 87:22 103:5 undertaken 16:16 39:6 58:3 73:16 Washington trying 27:25 28:2 34:12 39:17,21 55:20 underway 90:19 91:22 120:25 version 6:6 20:7 waste 40:11 53:8,21 54:4 93:25 34:17 56:5 59:23 97:18 68:4 84:20 85:3,8 87:12 138:16 underwent versus 92:7,9,12 93:19 104:7,19 tucker 129:15 8:6 40:12 49:22 86:10 104:22 105:13,20,23 106:2 56:12,14,24,25 tucker's undetermined 150:10 103:8 113:24 134:7 vice 112:3 126:10 wastewater 57:4 58:1 union 13:22 88:24 90:12 91:8 19:1421:5,1438:5,15 turn 40:2 93:7 116:16 124:20 126:22 40:13,24 57:10 60:10 62:7 36:18 58:25 105:9 106:18 unit 127:15,25 128:4,16 135:18 62:15 67:23 74:25 125:14 10:1841:1,1442:20 43:2 143:11 145:10 147:23 water turned 43:17 58:23 79:15,20 80:21 video 19:1420:20 21:2,4,5,11 148:2 87:17 89:12,13 100:11 1:172:178:11,1364:13 32:2,3 38:3,23 39:2 41:9,15 twice 117:13 145:14 111:5 42:6 53:17 54:6 60:6 67:18 116:8 united view 80:18,23,24 84:19,19 85:2 type 11:15 14:10 16:4,18 17:23 1:1 2:1 8:8 150:10 units 121:2 143:14 viewpoints 85:2,7 87:11 92:7 98:4,8 112:3 129:1 142:18 21:2 30:19 40:14 42:2 41:2 43:14 68:14 70:6 73:17 waters 54:13 56:6 57:24 74:13 82:21 83:4 88:4,6 90:19 views 53:1,3 55:21 103:8,9 98:10 143:12 95:14 98:18,19 106:6 139:18 wave types 112:10 133:20 128:24 129:18,22 university village 38:4 28:3 wells typewriting 20:7 21:25 violations 92:12 150:24 32:3,4 Pierle, Michael (Former Solutia/Monsanto Employee) WATER PCB-SD0000053671 [wendlene - yesterday's] wendlene working (cont.) 3:18 152:1 123:10,21 148:11 wendy works 8:17 10:8 22:23 went world 14:24 35:3 44:25 56:17 91:16 60:13 66:21,24 70:15 83:16 worldwide 83:21 84:2 88:12 89:10 87:15 91:16,17 92:22 115:25 140:2 143:1 147:12 119:25 120:2 148:7 worry west 102:11 5:23 113:24 145:6 worth we've 33:3 12:14 48:23 53:7,21 64:21 wright 93:9,10 97:21,24 100:25 47:1,1 wheeler write 66:12,13 63:14 wide writing 67:18 73:23 87:16 106:11 46:25 69:17,23 121:11,18,19 129:7 written williams 90:4 104:12 5:12 9:5,5 149:4,4 wrong will's 48:20,22 60:21 126:4 79:24 wrote wilson 117:3,5,7 4:3 9:7,8 148:25,25 y wit yare 10:5 witness 131:12 yeah 9:15,1645:1597:17 110:3 150:15,17 151:1,5,12 155:1 woman 17:15 25:11 28:5 29:9 30:9 30:13 41:23 44:24 50:18 59:24 63:16,16 67:8 72:1 148:6 wondering 76:10,10 79:7 85:10 88:18 92:4 95:25 99:9 106:24 106:21 wording 113:19,22 114:14 116:3 119:21 127:7 130:10 131:7 136:4 133:23 139:18 141:23 words 54:12 work 144:13 147:5 year 8:2 10:16 14:14 15:3,19 14:6,9 15:5 16:13 18:2 21:7 21:7,8,9 38:15 48:13 54:9 56:12,14 58:1,11 59:5,25 17:1270:18 116:9,16 120:10,16 131:10 136:1 144:15 147:16 60:2,4,8 71:6,8,10 75:18 years 80:25 94:10,22 103:14,18 12:9 14:8,19 16:1,3 17:13 118:21,23 122:2,7 138:10 138:15 139:8,9 142:24 143:4 worked 18:24 30:12 50:1 61:6 64:3 74:18 75:9 148:10 year's 136:3 14:1536:12,1548:12,15 yesterday 60:7 71:1 87:23 133:16 134:10 146:7 23:19,20 24:24 yesterday's working 14:1854:1363:9 71:17 25:4 72:12 73:15 79:24 90:19,20 97:5 111:14 112:14 123:7 Pierle, Michael (Former Solutia/Monsanto Employee) WATER PCB-SD0000053672