Document ZBOyo895a3X6E482NdVj4d9GJ

1 IN THE CIRCUIT COURT OF CALHOUN COUNTY, ALABAMA Civil Action No. CV96-657 Pages 1-36 JOHN E. MASSEY and PEGGY MASSEY vs . MONSANTO COMPANY ET AL DEPOSITION OF: JACK MAYAUSKY Taken before Joanne Coyle, Certified Shorthand Reporter, Notary Public, pursuant to the Alabama Rules of Civil Procedure, at the offices of Bulkley, Richardson and Gelinas, 1500 Main Street, Springfield, Massachusetts on September 16, 1998, commencing at 10:15 a.m. Joanne Coyle Certified Shorthand Reporter License No. 106693 PERLIK and COYLE REPORTING Certified Professional Reporters Tel. 1391 Main Street - Suite 1013 Springfield, MA 01103 (413) 731-7931 Fax (413) 731-7451 PERLIK and COYLE REPORTING HARTOLDMON0017134 APPEARANCES: FOR THE PLAINTIFFS: BY: HOLLINGSWORTH & ASSOCIATES, P.C. 505 North 20th Street 1615 Financial Center Birmingham, Alabama 35203 M. JACK HOLLINGSWORTH, ESQUIRE FOR THE DEFENDANTS: BY: LIGHTFOOT, FRANKLIN & WHITE, 505 North 20th Street 300 Financial Center Birmingham, Alabama 35203 WILLIAM S. COX, ESQUIRE LLC 2 PERLIK and COYLE REPORTING HARTOLDMON0017135 Page Line LAWYER'S NOTES NATIONWIDE: 1'800-255-5040 CORBY GROUP NJ: HARTOLDMON0017136 3 INDEX 2 WITNESSES: 3 Jack Mayausky 4 DIRECT CROSS REDIRECT RECROSS 5 5 6 EXHIBITS: DESCRIPTION PAGE 7 (NO EXHIBITS WERE INTRODUCED.) 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 PERLIK and COYLE REPORTING HARTOLDMON0017137 4 STIPULATIONS 2 3 It is stipulated through respective counsel 4 that the deposition of Jack Mayausky will be taken 5 before Joanne Coyle, Certified Shorthand Reporter, 6 at the law offices of Bulkley, Richardson and 7 Gelinas, 1500 Main Street, Springfield, 8 Massachusetts, on September 16, 1998, commencing at 9 approximately 10:15 a.m. 10 11 It is further stipulated and agreed that the 12 signature to and the reading of the deposition by 1 3 the witness is waived; that it will have the same 1 4 force and effect as if full compliance had been had 15 with all laws and rulings of court relating to the 1 6 taking of depositions. 17 1 8 It is further stipulated and agreed that it 1 9 shall not be necessary for any objections to be 20 made by counsel to any questions except as to form 2 1 and leading questions, and that counsel for the 22 parties may make objections and assign grounds at 23 the time of trial or at the times said deposition 24 is offered in evidence or prior thereto. PERLIK and COYLE REPORTING HARTOLDMON0017138 5 1 It is further stipulated and agreed that 2 notice of the filing of the deposition by the 3 Commissioner is waived. 4 5 6 7 JACK MAYAUSKY, the Deponent, having been 8 first duly sworn, deposes and says as follows: 9 1 0 DIRECT EXAMINATION BY MR. HOLLINGSWORTH 11 Q. Could you state your name for the record, 12 please? 1 3 A. John S. Mayausky. 1 4 Q. Where do you reside? 15 A. 203 Ellington Road, Longmeadow, Mass. 1 6 Q. How long have you been at that address? 17 A. Approximately a year. 18 Q. Did you move there from Anniston? 1 9 A. Yes; I did. 2 0 Q. Where did you live, in Anniston? 2 1 A. I lived at 631 Hillyer -22 H-I-L-L-Y-E-R -- High Road. 2 3 Q. Are you married? 2 4 A. Yes . PERLIK and COYLE REPORTING HARTOLDMON0017139 6 Q. What's your wife's name? 2 A. Doris. 3 Q. And you're employed at Monsanto? 4 A. Now Solutia. 5 Q. What is that address? 6 A. 750 Worcester Street, Springfield. 7 Q. What is your capacity there? 8 A. Plant manager. 9 Q. Is that a Solutia plant? 10 A. Yes, sir, 1 1 Q. Is that close to this location? 12 A. You can see it, 13 Q. Is that it right there -- those towers? 1 4 (Indicating) 1 5 A. Actually, you can see it out that way. 1 6 (Indicating) 17 Q. What's manufactured at that plant? 18 A. Adhesives -- pressure sensitive 1 9 adhesives, paint additives, and a product that is 2 0 used in safety glass, lamination for safety glass, 2 1 Q. So it's a plastics plant? 22 A. Plastics and organic chemicals. 23 Q. What organics are produced there? 24 A. Methylacrylate adhesives, the paint PERLIK and COYLE REPORTING HARTOLDMON0017140 7 1 additives or a formaldehyde melamine variety of 2 polymers, and the plastics, the raw material for it 3 is a product called polyvinyl butyrate. 4 Q. How long were you in Anniston? 5 A. I was in Anniston for three years, 6 Q. So beginning, then , in 1995? 7 A. 1 994 . 8 Q. And you were plant manager there? 9 A. Yes, sir. 10 Q. Tell me a little bit about your 11 educational background? 12 A. I graduated from high school in 13 Pennsylvania. I attended the University of 1 4 Pittsburgh and graduated in 1977 with a B.S. in 15 chemistry, and then I went to Ohio State University 1 6 and graduated in 1982 with a Ph.D. in analytical 17 chemistry, 18 Q. Any other post-graduate work at all? 1 9 A. No, sir. 2 0 Q. When did you join Monsanto? 2 1 A. 1982. 22 Q. In what capacity? 23 A. Research quality chemist at the 24 Pensacola, Florida facility. PERLIK and COYLE REPORTING HARTOLDMON0017141 8 Q. How long were you there? 2 A. I was there for ten years 3 Q. Did you have any management positions at 4 Pensacola? 5 A. Yes. 6 Q. What were those? 7 A. I was quality assurance supervisor. Then 8 I was laboratory superintendent. Then I became 9 business unit leader for a process known as adipic 1 0 acid. 11 Q. Then you went to Anniston? 12 A. No, sir; then I went to Nitro, West 13 Virginia. 1 4 Q. In what capacity? 15 A. I was a general superintendent there for 1 6 a lot of the service groups at the plant - 1 7 shipping, receiving, lab services, warehousing, and 1 8 one small manufacturing operation. 1 9 Q. What was that? 2 0 A. It was a product that was a vulcanization 2 1 inhibitor used in chemicals. 22 Q. Then, after that? 23 A. Then I went to Anniston. 24 Q. Was that your first position as plant PERLIK and COYLE REPORTING HARTOLDMON0017142 9 1 manager? 2 A. Yes, sir . 3 Q. Let me ask you who you reported to when 4 you were Anniston? 5 A. I reported to Robert N. Jones. 6 Q. Where was he located? 7 A. St. Louis, at the corporate headquarters 8 Q. What was his title? 9 A. Director of manufacturing. 10 MR. COX: That's different than the 11 Robert Jones at the plant. 12 Q. (BY MR. HOLLINGSWORTH) He reported to 13 you, the other Robert Jones? 14 A. Yes. 1 5 Q. When you were at Anniston, what did they 1 6 manufacture ? 17 A. The main product was a trade name known 18 as Therminol -- T-H-E-R-M-I-N-O-L, which is a 19 mixture of biphenyls and terphenyls used as a heat 2 0 trans fer agent. 2 1 Q. Did that essentially replace PCBs? 22 A. Yes; where PCBs was used as a heat 23 transfer agent, this product replaced it. 2 4 Q. Did you know anything about the history PERLIK and COYLE REPORTING HARTOLDMON0017143 10 1 of the Anniston plant? 2 A. Other than what I received as I initially 3 came on board -- some briefings from some of the 4 employees who had been there quite some time. They 5 told me some of the past products that had been 6 produced and items of that, but prior to that, I 7 didn't have any knowledge of anything. 8 Q. You were obviously aware of the landfill 9 and the PCBs? 10 A. Which landfill are you referring to? 11 Q. There's a West Landfill, is there not? 12 A. Yes. 13 Q. And there's a South Landfill? 14 A. Yes . 1 5 Q. Is there another landfill? 1 6 A. Those are the only two I'm aware of. 17 Q. So you went there, you became familiar? 18 A. Yes; I became familiar. Yes, sir. 1 9 Q. Isn't it true that Monsanto manufactured 2 0 PCBs at that location in the thirties? 21 A. Yes; Monsanto manufactured PCBs. 22 Q. And the tar or bottoms of that process 2 3 was stored in the West Landfill? 24 A. Apparently, that was true, that the West PERLIK and COYLE REPORTING HARTOLDMON0017144 11 1 Landfill was used for still bottoms and tars from 2 the PCBs process. 3 Q. When you say "still bottoms," are you 4 referring to what is left after - 5 A. (Interposing) A distillation. The heavy 6 ends, so to speak. 7 Q. Were those stored in that landfill, both 8 in a bulk method and a drum method? 9 A. I honestly don't know that. I know they 1 0 were there, but -- by conversations with people - 11 but I don't know in what form they were put there. 12 Q. How about the South Landfill? 13 A. The South Landfill, to my understanding, 14 did not have a large amount of PCB-contained 15 material . 1 6 It was not used for PCBs, but it was very 17 hard to say that for certainty, because at the 18 time, records were not kept very well as to what 1 9 was placed in the South Landfill or the West 20 Landfill. 2 1 Q. Well, has there been evidence of PCBs 22 located in the South Landfill -- at the time you 23 were there? 24 A. At the time I was there, some of the PERLIK and COYLE REPORTING HARTOLDMON0017145 12 1 sampling we did on the soils and surface water 2 would indicate that there might have been PCBs in 3 there, but I don't know of any core samplings that 4 were done that actually went down into the 5 landfill . 6 Q. Now, the SouthLandfill is right across 7 from the entrance -- the Clydesdale entrance? 8 A. Yes, sir. 9 Q. Would that be in the Mars Hill area - 10 the area of the Mars Hill church? 11 A. No, sir. 12 Q. It would befurther west? 13 A. Mars Hill would be further east and north 14 of the South Landfill. 15 Q. What was the approximate size of the 1 6 South Landfill? 17 A. I would only guess, several acres. 18 Q. And then, the West Landfill, of course, 1 9 was the largest? 2 0 A. I would not be so sure it was the 2 1 largest. They were comparable in size, I would 22 say. That's just from looking at them. 23 Q. What -- when you were there, initially, 2 4 what problems were you faced with regarding these PERLIK and COYLE REPORTING HARTOLDMON0017146 13 two 1andfi11s? 2 MR- COX: Are you talking in August 3 of '94 when he got there? 4 MR. HOLLINGSWORTH: When he first got 5 there . 6 THE WITNESS: In August, '94, that 7 was shortly after the West Landfill was reacquired 8 from Alabama Power. 9 Q. (BY MR. HOLLINGSWORTH) Why was it 1 0 reacquired? 11 A. Alabama Power was doing some work on the 12 landfill and found a tar-ish material and had it 13 analyzed. 14 It was analyzed that it contained PCBs, 1 5 so Monsanto, at the time, made a decision to 1 6 reacquire the land and work with the Alabama 1 7 Department of Environmental Management -- which 1 8 we'll refer to as ADEM -- to reacquire the land and 1 9 to decide on a plan to cap or close the landfill. 2 0 Q. Did you actually pay -- did Monsanto 2 1 actually pay the Alabama Power Company? 2 2 A. I'm not clear on the details, but I 23 believe there was actually a payment by Alabama 24 Power to Monsanto to take over the landfill to help PERLIK and COYLE REPORTING HARTOLDMON0017147 14 1 defer the cost of closure. 2 Q. Was this sale made at arms-length or was 3 Alabama Power upset with Monsanto that there were 4 PCBs there? 5 A. That already occurred before I came onto 6 the scene, but I can say my subsequent talks with 7 Alabama Power, it seemed to be an amicable 8 relationship. 9 Q. It was sold in 1961? 10 A. Yes; that is correct. 11 Q. What was the reason to sell it? 12 A. What I was told, we were a very large 13 electrical user and they wanted to locate a switch 14 yard relatively close to us. 15 Q. A substation? 1 6 A. Substation switch area -- and it was a 1 7 piece of property that was no longer being used. A 1 8 transfer was made to Alabama Power and they placed 1 9 a substation on that facility. 20 Q. So Alabama Power didn't use it for any 21 type of storage or landfill? 22 A. Not to my knowledge. 2 3 Q. Just placed a substation there? 24 A. To my knowledge. PERLIK and COYLE REPORTING HARTOLDMON0017148 15 1 Q. Back on my original question, when you 2 first got there, what problems were you facing with 3 these landfills? 4 A. At the time, we had reacquired the land 5 and I knew that discussions were going on with ADEM 6 to develop a closure plan for that West End 7 Landfi11. 8 Shortly after I came on. there was a 9 finding of PCBs in surface water for some storm 1 0 water runoff from the West End Landfill, and also 11 from the South Landfill. 12 Q. How was that discovered? 13 A. We were doing a permit reapplication and 14 analyzing some storm water for PCBs after 1 5 discussions with ADEM, and found these parts per 1 6 billion levels of PCBs in water. 17 Q. So it was through your own testing 18 methods ? 1 9 A. Yes , 2 0 Q. Was it for NPDES -- National Pollutant 2 1 Discharge Elimination System? 22 A. Yes . 2 3 Q. Did you report that, then, to ADEM at the 2 4 t ime ? PERLIK and COYLE REPORTING HARTOLDMON0017149 16 A. Well, at that time, Robert Jones reported 2 that to ADEM. 3 Q. How long had Robert been there? 4 A. Four years. 5 Q. So he had been involved in this project 6 prior to you coming there? 7 A. Yes. 8 Q. In fact, that was his primary purpose? 9 A. He was environmental superintendent . 10 Q. Where is he now? 11 A. At Anniston. 12 Q. He's still there? 13 A. Yes . 1 4 Q. Once this was discovered, did you begin 1 5 remedial plans to - 1 6 A. (Interposing) We began discussions with 17 ADEM on what he informed them -- that we had found 1 8 it -- and then began to look at some remedial plans 1 9 and review those with ADEM; and also additional 2 0 sampling plans to characterize the problem. 21 Q. Was there a problem with the South 22 Landfill discovered at the same time? 2 3 A. Yes, sir. 24 Q. Same program? PERLIK and COYLE REPORTING HARTOLDMON0017150 17 1 A. Yes, sir, 2 Q. Can you tell me basically what that 3 plan -- just in general terms -- included, and in 4 some type of time frame? 5 A. Well, the West End Landfill, it was to 6 develop a plan to cap the landfill to closure, 7 which is the accepted technology for landfills - 8 to place a synthetic cap -- a plate cap and a 9 synthetic cap and a vegetative cap. 1 0 That was basically developed -- a closure 11 plan for the West End Landfill that ADEM would 12 approve, with a timetable of approximately eight or 13 nine months to complete, weather dependent. A lot 1 4 of this work was weather dependent. 15 Q. Beginning when? 1 6 A. I'd have to look to exactly when we 17 began. 1 8 Q. Just a year. 1 9 A. '94 was the beginning; and the South End 2 0 Landfill at that time was to do further sampling to 2 1 try to understand where the PCBs may be coming 22 from, to develop a sampling plan. 2 3 Again, we weren't sure if that landfill 2 4 was used for PCBs. The records were incomplete, PERLIK and COYLE REPORTING HARTOLDMON0017151 18 1 and we wanted to understand what could be a 2 possible source of this surface water contamination 3 we found. 4 Q. Did you participate -- I know Mr. Jones 5 interviewed several retired employees that gave him 6 some insight into where PCBs were stored and used. 7 Did you do the same thing? 8 A. I did not participate in that. Mr. Jones 9 did all of that. 1 0 Q. You're copied on just about all of his 11 reports. 12 A. Yes. 13 Q. I'm sure that he made you aware of what 14 he was doing? 1 5 A. Yes. 1 6 Q. What were your conclusions regarding PCB 17 contamination based on his reports of the South 18 Landfill? 1 9 A. Initially, we thought it might be due to 20 some old equipment that was stored on the landfill, 2 1 so one of the first activities we did was to remove 22 that old equipment and remove it to a certified 23 landfill -- Emelle -- E-M-E-L-L-E. 2 4 That was the initial, was to -- that that PERLIK and COYLE REPORTING HARTOLDMON0017152 19 1 might have been the source of the rainwater running 2 across that equipment, picking up some PCBs 3 containing dirt -- and we decided to clean that up4 Q. Was it processing equipment? 5 A. Based on the interviews that Robert Jones 6 had done, some of the older employees said it was 7 processed equipment removed from the PCB process. 8 Q. And buried in the landfill? 9 A. Buried in thelandfill. 1 0 Q. Are we talking about reactors? 11 A. Mainly piping. 12 Q. And of course, we know from those 13 employees that actual tar, itself, was placed in 1 4 the West Landfill? 1 5 A. The tar, itself, was placed in the West 1 6 Landfill. That, we were fairly certain of from the 17 interviews with the retirees, was that was used for 18 that . 1 9 Q. Did you ever get any idea as to the 2 0 volume there? 2 1 A. No, sir. 22 MR. COX: Are you talking about the 2 3 West End Landfill? 2 4 MR. HOLLINGSWORTH: Yes; sorry. PERLIK and COYLE REPORTING HARTOLDMON0017153 20 THE WITNESS: No, sir. I wouldn't 2 have those numbers -- and I'm not sure I was ever 3 told. 4 Q. (BY MR. HOLLINGSWORTH) What about the 5 numbers of the fifty-five-gallon drums? 6 A. No, sir. 7 Q. Were these fiber drums or metal drums? 8 A. I honestly don't know that, sir . 9 Q. So you entered into a plan -- an 1 0 eight-to-nine month plan -- with ADEM in 1994 to 11 clean up the West Landfill? 12 A. To cap and close the West Landfill. 1 3 Q. Was that done according to schedule? 14 A. Pretty much so. Again, with the 15 vagrancies of the weather -- we had some heavy 1 6 rains that slowed our progress -- but it was 17 eventually closed in '95, officially. 18 Q. What about the South Landfill? 1 9 A. The South Landfill, while I was -- my 2 0 tenure -- during my tenure there, it was pretty 21 much a characterization problem to do additional 22 s ampling. 23 Any closure work on it really occurred 24 after I left. PERLIK and COYLE REPORTING HARTOLDMON0017154 21 1 Q. Well, was -- was that an impediment to 2 your NPDES permit at the South Landfill or was it 3 satisfied by capping and closing the West Landfill? 4 A. I don't know if I can answer that 5 question. The permit was - successfully went 6 through the process, but I don't know if it was 7 contingent upon closure of the West Landfill. 8 Q. What other problem areas were you faced 9 with in and around that plant? 1 0 MR. COX: Do you want to limit it to 11 PCBs or to everything? 12 MR. HOLLINGSWORTH: No; PCBs. 13 MR. COX: Okay. 1 4 THE WITNESS: Well, as we did the 15 characterization of the surface water discharge off 1 6 the South Landfill, what became apparent is -- we 17 did additional sampling -- was there was ditches 1 8 that ran through the Mars Hill neighborhood and we 1 9 had to move into a program to characterize and 2 0 understand that contamination within that 21 community. 22 Q. (BY MR. HOLLINGSWORTH) So did you begin 2 3 soil sampling and water sampling in and around the 24 community? PERLIK and COYLE REPORTING HARTOLDMON0017155 22 1 A. We consulted, of course, with ADEM that 2 they agreed with the plan that they would go in and 3 soil sample and water sample and then we moved 4 forward with sampling. 5 The area of the West End -- the Mars Hill 6 neighborhood -- was some land we owned and some 7 land that private residents owned, so we could 8 sample on our own land but we had to work with the 9 residents to sample on their land. 1 0 Q. You understand that I represent the 11 Mass e ys ? 12 A. Yes . 13 Q. Do you remember where their property was? 14 A. Vaguely, actually. It's across Tenth 15 Avenue, I know that. 16 Q. Tenth Street? 17 A. Yes . 1 8 Q. It's across from the funeral home? 1 9 A. Okay. 20 Q. I also represent the owners of the 21 funeral home. Actually, we haven't filed yet. 22 MR. COX: It's not the funeral home 23 east of Clydesdale. It's the funeral home on Tenth 24 Street on the west side of Clydesdale, PERLIK and COYLE REPORTING HARTOLDMON0017156 23 1 THE WITNESS: I'm not familiar with 2 that one, at all. When you say funeral home, I was 3 thinking there was one near the Mars Hill 4 neighborhood. 5 MR. HOLLINGSWORTH: Well this is 6 probably about a block away, actually. 7 MR. COX: There's one that is 8 actually in the neighborhood, called the Model City 9 Mortuary. 1 0 I think you're talking about the Anniston 1 1 Funeral Home. 12 MR. HOLLINGSWORTH: Williams. 1 3 THE WITNESS: I'm not familiar with 1 4 that one at all. 15 Q. (BY MR. HOLLINGSWORTH) Are you familiar 1 6 with testing that was done on various commercial 17 and residential properties around the area? 1 8 A. Yes . 1 9 Q. Some, as you said, on your property; some 2 0 on other properties? 2 1 A. Yes. 22 Q. Was that pretty much given to the 2 3 discretion of Bruce Ely -- to arrange that testing 2 4 and negotiate that with the property owners? PERLIK and COYLE REPORTING HARTOLDMON0017157 24 1 A. It transitioned- I would say, initially, 2 when I was involved in '94 and '95, I did a lot of 3 the contacts within the Mars Hill neighborhood 4 proper, for access agreements. 5 The sampling, we relied on our core 6 remediation group at Corporate to work with 7 contractors -- environmental contractors -- to 8 decide where would be the best place to sample- 9 My role was to contact the residents and 1 0 commercial property owners in the area that was 11 pretty much bounded by Tenth Avenue and Clydesdale 12 in what we call here the Mars Hill neighborhood. 13 Q. Tenth Street and Clydesdale? 1 4 A. Tenth Street and Clydesdale. 15 Q. Clydesdale comes to the entrance of the 1 6 plant? 17 A. Yes . 18 Q. So you didn't have contact with my 1 9 clients, then? 2 0 A. Not at all. 2 1 Q. I know Bruce did. 22 A. What really happened in -- as the project 23 became larger and sampling continued and we 2 4 continued to work with ADEM, it became, just I PERLIK and COYLE REPORTING HARTOLDMON0017158 25 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 strictly from a management standpoint, difficult for me to manage day-to-day operations in the plant and also do the community work. We transitioned with more people assigned from the Corporate remediation group in Anniston, Bruce Ely being one, to deal with the bulk of that leg work, so to speak, out in the community. Q. When did Bruce come down or begin? A. To my recollection, it would be late '95, early '96, Q. And then, at that point, did you sort of back away from the community relations? A. In that direct, going-out-1o-the community, and seeking access agreements. A large part of my job has always been community relations. Q. Did you meet the Masseys? Have you ever met Jack Massey or - A. (Interposing) If I did, I don't recall meeting them. Q. Did you ever participate in negotiations where Monsanto purchased property of residential and commercial homeowners? A. No, sir. My role was mainly to do the access agreements; and on the commercial end, I had PERLIK and COYLE REPORTING HARTOLDMONOOI7159 26 2 3 4 5 6 7 8 9 0 11 12 13 14 15 16 17 18 19 20 21 22 23 24 very little involvement. Q. There's no question in your mind, is there, that Monsanto produced the PCBs that were discovered to be in these landfills? A. In the landfills -- it's likely that we produced the PCBs in the landfills. Q. Is there any other source that you are aware of that may have served as a source of this contamination? A. I have to say that PCBs were used in a wide variety of applications; and Anniston, itself, was an industrialized area, so it could have come from transformers, from some of the foundries around there, so there were other possibilities of where it came from. Q. Have you identified any specific locations or do you know if anybody from Monsanto has identified any specific locations which may have been the origination site of other PCB contaminations? A. No, sir; I haven't. Q. So you're just saying basically your general knowledge of the Anniston area being where there were foundries, munitions plants, et cetera, PERLIK and COYLE REPORTING HARTOLDMON0017160 27 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 et cetera? A. That likely they had electrical transformer stations, likely they used PCBs, and it could have come from there. Q. But the only hard evidence we have really, at this point, is that they came from Monsanto? A. We know that Monsanto produced PCBs in that community; yes. Q. And Alabama Power Company never produced PCBs? A. Not to my knowledge. Q. Has Alabama Power Company ever formally or informally agreed to accept responsibility for any of the damage -- economically or physically - from the West Landfill, that may have inured from the West Landfill? A. No, sir; not to my knowledge. Q. As a matter of fact, Monsanto agreed to absolve them? A. I understand that was part of the agreement in us taking back the landfill. Q. Did you actually ever see an agreement between Alabama Power Company and Monsanto? PERLIK and COYLE REPORTING HARTOLDMON0017161 28 1 A. I've seen it. I can't say I read it in 2 detail, but it was in the files that I got from my 3 predecessor. 4 Q. Who was your predecessor? 5 A. Bill Defer -- D-E-F-E-R. 6 MR. COX: F-U-R. 7 Q. (BY MR. HOLLINGSWORTH) When you left in 8 1997, what were the problems that existed as far as 9 the two landfills are concerned, as you recall 10 them? 11 A. In 1997, the West End Landfill was closed 12 by that time. That project was closed. There was 13 a few things to do -- vegetation planting and 1 4 things like that. 1 5 We were still in the middle of 1 6 characterization of the South Landfill, and one of 17 the first approved plans to control any surface 1 8 water discharge off the South Landfill was the 19 catchment basin; and that was completed before I 20 left. The catchment basin -21 Q. (Interposing) Is that the basin that runs 22 along the west side of Tenth Street? 23 A. No; it would be the one that is on the 24 north side of 202. PERLIK and COYLE REPORTING HARTOLDMON0017162 29 2 3 4 5 6 7 8 9 i0 11 12 13 14 15 16 17 18 19 20 21 22 23 24 Q. Okay. Now, I notice that there is some work being done parallel to Tenth Street? A. I have no knowledge of thatQ. Now, the catchment basin coming to the north side of 202 would catch runoff from the South Landfi11? A. Yes. Q. It would catch runoff from the West End Landfi11? A. No, sir. Q. That catch basin is directly south of the South Landfill? A. Yes, sir. MR. COX: No; directly north of the South Landfill. MR. HOLLINGSWORTH: Okay. Q. (BY MR. HOLLINGSWORTH) Would you access the South Landfill from 202 or from Clydesdale? A. You access the South Landfill from 202. Q. And this is property that was all owned by Monsanto - A. (Interposing) Yes, sir. Q. -- at some point in time? A. At some point in time . PERLIK and COYLE REPORTING HARTOLDMON0017163 30 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 Q- Now, of course, they are the current owners of it? A. Solutia is now. Q. Do you know what Monsanto's current plans are with respect to purchasing property in that area -- in and around that area? A. Monsanto or -Q. (Interposing) Solutia? A. No. Since I've moved up to Massachusetts, I do not keep in contact with what the details are of that. Q. In 1997, what was their plan to purchase? A. When I was there in 1997, at that time we had just completed the property purchase plan for residential properties and still working through - completed a portion of the property purchase plan for residential properties -- and were still wrapping up a few of those. There were some discussions with commercial property owners that, at that time, Bruce Ely and Alan Faust were conducting, but I was not involved in the details of it, Q. Was there a decision made at some time not to purchase commercial property and then. PERLIK and COYLE REPORTING HARTOLDMON0017164 31 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 later, it was changed to a decision to purchase commercial property? A. I don't know if we definitively said we would not purchase commercial property. I think that our intent, when we went out for the propertyto-purchase program, was to acquire the land that we needed to do this catchment basin and to enable us to do the work that we needed to do to control the storm water runoff. There was some commercial property owners along Clydesdale and Tenth that were upgradient far enough that they could not have been impacted - water would not have flowed up there -- so we didn't need that land to build a catchment basin. I don't know if we ever definitively said we're not buying commercial land, but in order for us to move forward with our plan, we didn't need to buy that 1 and . Q. Was there ever a plan to attempt to recycle this property or to come on the property, clean it up, and render it harmless to the property owners ? MR. COX: Object to the form, I'm not sure I understand your question. You mean, was PERLIK and COYLE REPORTING HARTOLDMON0017165 32 1 2 3 4 5 6 7 8 9 .0 11 12 13 14 15 16 17 18 19 20 21 22 23 24 there a plan to remediate the property and then resell it to the people in the community? HR. HOLLINGSWORTH: Or just remediate the property without changing title. Q. (BY MR. HOLLINGSWORTH) Inother words, was there ever - A. (Interposing) Go ahead, ask your question. Q. Was there ever a plan to go to the property owner and say: Look, it's our understanding that your property may be contaminated by PCBs, here's our plan to remediate the problem? A. There were some discussions with individual property owners about maybe areas on their property that we would clean up, remove soil, and return back for their use; yes, sir. Q. How was that going to be done? A. I don't know the details of it, but generally, what was done was the contaminated soil would be removed, replaced with clean soil, and then sampling to make sure that it was clean. Q. Do you know who those property owners wer e ? PERLIK and COYLE REPORTING HARTOLDMON0017166 33 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 A. I recall conversations that were done with the owner of the ice house about some possibilities of cleaning up his property. That was probably the only one I was directly involved in . Q. How did that turn out, if you know? A. I can't remember the gentleman's name, but I think he chose counsel. Q. Was it Scarborough? A. I don't think so. MR. COX: It was Bobby Lewis. THE WITNESS: He chose counsel; and we never proceeded with cleaning up. Q. (BY MR. HOLLINGSWORTH) How about from residential property owners? Was there ever any conversation of attempt to reclaim their property? A. When I was initially approaching property owners for sampling, we did discuss that we didn't know what path we would take at that time. We were still working with ADEM on what path we would take, and I may have mentioned that cleaning up their property would have been one alternative; but as we went forward, we quickly realized that we'd like to acquire the property, so PERLIK and COYLE REPORTING HARTOLDMONOQ17167 34 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 we didn't have formal discussions about cleaning the property up and returning it back to service. We moved forward with the property purchase program. Q. And the purchase of all the property that you're purchasing, is to fit into the catch basin scenario that you have submitted to ADEM? A. Yes, sir, Q. How long have you been aware of the existence of PCBs at the Anniston facility? A. From shortly after I came there. I would have to answer your question: I knew that they were historically produced there, but as far as the contamination problem, shortly after I came there, of course I knew the work was going on at the West End Landfill and I knew about the storm water sampling results, Q. So it wasn't anything that you were aware of from a corporate standpoint that Anniston was a problem area because of this? A. No, sir. When I was in transition there, it was just really in discovery. The West End Landfill was known, and I knew that they were moving forward with that, but that was just shortly PERLIK and COYLE REPORTING HARTOLDMON0017168 35 1 2 3 4 5 6 7 8 9 :0 11 12 13 14 15 16 17 18 19 20 21 22 23 24 after they found the results off the South Landfill. Q. Have you been deposed by anybody else? A. Yes; I've been deposed by Donald Stewart, and Burr & Forman. MR. HOLLINGSWORTH: This is going to be the briefest deposition you've given. I don't think I have anything else, (The deposition was concluded.) ***** PERLIK and COYLE REPORTING HARTOLDMON0017169 36 1 COMMONWEALTH OF MASSACHUSETTS 2 COUNTY OF HAMPDEN 3 I, JOANNE COYLE, a Notary Public within and for the Commonwealth of Massachusetts at large, do 4 hereby certify that I took the deposition of JACK MAYAUSKY, pursuant to the Alabama Rules of Civil 5 Procedure, at the offices of Bulkley, Richardson and Gelinas, 1500 Main Street, Springfield, 6 Massachusetts, on September 16, 1998. 7 I further certify that the above named deponent was by me first duly sworn to testify to 8 the truth, the whole truth and nothing but the truth concerning his knowledge in the matter of the 9 case of JOHN E. MASSEY and PEGGY MASSEY vs. MONSANTO COMPANY ET AL, now pending in the Circuit 10 Court for the County of Calhoun. 11 I further certify that the within testimony was taken by me stenographically and reduced to 12 typewritten form under my direction by means of COMPUTER ASSISTED TRANSCRIPTION; and, I further 13 certify that said deposition is a true record of the testimony given by said witness. 14 I further certify that I am neither counsel 15 for, related to, nor employed by any of the parties to the action in which this deposition was taken; 1 6 and further, that I am not a relative or employee of any attorney or counsel employed by the parties 17 hereto, nor financially or otherwise interested in the outcome of the action. 18 WITNESS my hand and seal this day of 19 20 21 Certified Shorthand Reporter 22 License No. 106693 23 My commission expires May 21, 2004 24 PERLIK and COYLE REPORTING HARTOLDMON0017170