Document aBLpg8n92g7R2z8x9Mj12kKmb
1 IN THE UNITED STATES DISTRICT COURT 2 NORTHERN DISTRICT OF ALABAMA 3 EASTERN DIVISION 4 5 CASE NUMBER: 96-J-0440-E 6 WALTER OWENS, et al., 7 Plaintiffs, 8 vs . 9 MONSANTO COMPANY,
10 Defendant. 11 12 STIPULATION
13 IT IS STIPULATED AND AGREED by 14 and between the parties through their 15 respective counsel, that the deposition 16 of GERRY MILLER may be taken before 17 STEPHANIE, Commissioner, at the offices 18 of Lightfoot, Franklin & White, 19 Birmingham, Alabama, on the 26th day of
20 March, 2001. 21 IT IS FURTHER STIPULATED AND 22 AGREED that the deposition to have the
23 same force and effect as if full
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compliance had been had with all laws and rules of Court relating to the taking of depositions.
IT IS FURTHER STIPULATED AND AGREED that it shall not be necessary for any objections to be made by counsel to any questions except as to form or leading questions, and that counsel for the parties may make objections and assign grounds at the time of the trial, or at the time said deposition is offered in evidence, or prior thereto.
IT IS FURTHER STIPULATED AND AGREED that the notice of filing of the deposition by the Commissioner is waived
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Miller, Gerry (pltf) in OWENS
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INDEX
EXAMINATION BY:
PAGE NUMBER:
Mr. Wright
5
EXHIBITS: Plaintiff's No. 1 Plaintiff's No. 2
12 34
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Miller, Gerry (pltf) in OWENS
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BEFORE: STEPHANIE MASK, Commissioner
APPEARANCES: Larry Wright ATTORNEY AT LAW 111 Congress Suite 1010 Austin, Texas 78701
William S. Cox, III LIGHTFOOT, FRANKLIN & WHITE The Clark Building 400 20th Street North Birmingham, Alabama 35203-3200
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Miller, Gerry (pltf) in OWENS
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1 I, STEPHANIE MASK, a Court 2 Reporter of Birmingham, Alabama, acting 3 as Commissioner, certify that on this 4 date, as provided by the Federal Rules of 5 Civil Procedure and the foregoing 6 stipulation of counsel, there came before 7 me at the offices of Lightfoot, Franklin 8 & White, Birmingham, Alabama beginning 9 at 1:30 p.m., GERRY MILLER, WITNESS
10 in the above cause, for oral 11 examination, whereupon the following 12 proceedings were had:
13 14 GERRY MILLER, 15 being first duly sworn, was examined and 16 testified as follows: 17 EXAMINATION BY MR. WRIGHT: 18 Q. How many depositions have you 19 given in the Anniston-related Monsanto
20 cases. 21 A. Best my memory serves me, 22 I've been deposed twice, prior to this
23 time.
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Miller, Gerry (pltf) in OWENS
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1 Q. Okay. Again, we've got the 2 same problem we have every time. 3 MR. COX: One of them was an 4 insurance case, Larry. I know he was 5 deposed once in the PCB litigation. 6 MR. WRIGHT: The only one 7 I've got is, I've got Sewell. 8 MR. COX: That's the only one 9 he's deposed in, related to the PCB
10 litigation. 11 Q. So, the only other one you 12 recall is what we're calling the
13 insurance litigation where Monsanto sued 14 its insurance carriers several years ago? 15 A. That's the case, yes. 16 Q. Where were you deposed in 17 that case, Delaware? 18 A. No. I don't remember. 19 Q. Have you given other
20 depositions for other reasons besides the 21 Monsanto Anniston? 22 A. Certainly, yes.
23 Q. In what circumstances have
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Miller, Gerry (pltf) in OWENS
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1 you given depositions? 2 A. Various other litigation 3 involving sundry business and sundry 4 business dealings.
5 Q. Have some of them been cases
6 that you or your company were involved 7 in? 8 A. Yes.
9 Q. All right. Well, I guess
10 maybe we better walk through that, then. 11 Were any of them cases in which you 12 personally were involved? 13 A. Corporately.
14 Q. And by "corporately," what do
15 you mean? What company are we talking 16 about? 17 A. Mineral Products and 18 Technology. Rockwool Manufacturing 19 Company. Those two.
20 Q. Rockwell?
21 A. Rockwool.
22 Q. Both of those are companies
23 that you have an ownership interest in?
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Miller, Gerry (pltf) in OWENS
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1 A. One of them I had an 2 ownership interest in. 3 Q. Which one? 4 A. Mineral Products. 5 Q. Do you still have an interest 6 in the Mineral Products Company? 7 A. Yes. 8 Q. What's your ownership 9 interest in the Mineral Products Company?
10 A. I'm a minority shareholder. 11 Q. And then the Rockwool 12 Manufacturing Company?
13 A. Uh-huh. 14 Q. Were you an employee of them 15 or something? 16 A. No. The relationship with 17 that company was more as a consultant to 18 them. 19 Q. Were you deposed, then, just
20 as a witness in that case? Well, let me 21 back up. Tell me about the cases. Maybe 22 that's the easiest way to go about it.
23 A. The easiest way to explain
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Miller, Gerry (pltf) in OWENS
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1 it, both these companies were working
2 arm-in-arm on a particular project. We 3 became involved in litigation concerning 4 intellectual properties. And there was a 5 case in 1988 and another case in 1991 6 concerning who owns some patent rights. 7 Q. And you were deposed in both 8 of those cases? 9 A. Yes.
10 Q. Any other depositions, other 11 than those two? Were there only two 12 depositions? One for each case or where
13 there more than that? 14 A. I don't remember. I'd say it 15 was one for each one. 16 Q. Other than those two 17 depositions and the two for Monsanto, 18 have you given any other depositions? 19 A. Yes.
20 Q. Okay. Tell me about them. 21 A. I've been divorced twice. 22 Q. Never mind about those. Any
23 others besides that?
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Miller, Gerry (pltf) in OWENS
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1 A. Nothing comes to mind.
2 Q. The Rockwool cases, where
3 were those pending? 4 A. Jefferson County.
5 Q. In state court or federal
6 court? 7 A. Circuit court; state court.
8 Q. You went to work for Monsanto
9 in 1960; is that right? 10 A. About 1963.
11 Q. All right. What was your
12 first job there? 13 A. Chemist, working in a 14 laboratory.
15 Q. What were your duties?
16 A. Routine quality control 17 analysis for plant operations.
18 Q. Did that include some quality
19 control air flow analysis? 20 A. Certainly.
21 Q. Did y'all use a chromatograph
22 at all, for those? 23 A. Yes.
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Miller, Gerry (pltf) in OWENS
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1 Q. What did you use the 2 chromatograph for in the air quality 3 control analysis? 4 A. Studying the various 5 homologues that are present in PCBs. 6 Q. Was that from the very 7 beginning when you first started there or 8 did y'all add that somewhere along the 9 way?
10 A. It started some time after I 11 had been there. 12 Q. Do you remember how long
13 after? 14 A. No, I don't. 15 Q. Well, I guess what I'm 16 wondering is -- well, maybe this will 17 help us date it. When did you change 18 j obs ? 19 A. About 1966, '67.
20 Q. Before you changed jobs, had 21 you started doing the chromatograph 22 analysis of the air course?
23 A. Yes.
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Miller, Gerry (pltf) in OWENS
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1 Q. When's the first time you 2 ever heard of electron capture used in 3 conjunction with a chromatograph? 4 A. I don't remember the year 5 exactly, but it was in the late '60s. 6 Tending toward, if I had to guess, I'd 7 say '68, '69. Somewhere in there. 8 Q. How did you hear about that? 9 A. I don't remember.
10 Q. What about mass spectrometry 11 in conjunction with gas chromatograph? 12 A. They did not exist at that
13 point in time, to my knowledge. 14 Q. So, the first thing that you 15 heard to enhance chromatographic analysis 16 was electron capture? 17 A. That's correct. 18 Q. Let me hand you what we'll 19 mark as our first exhibit.
20 21 (Whereupon, Plaintiff's 22 Exhibit No. 1 was marked
23 for identification and is
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Miller, Gerry (pltf) in OWENS
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1 attached.) 2 3 Q. This is a memo from W.R. 4 Richard to Scott Tucker. And I think 5 you're copied on that. 6 A. Okay. 7 Q. And the memo relates to you 8 and your work. 9 A. Okay.
10 Q. It says that you found 11 Aroclor curves in some fish you were 12 analyzing.
13 MR. COX: Object to the form. 14 MR. WRIGHT: Well, did I 15 misstate it, Buddy? I thought that's 16 what it said. 17 MR. COX: This document says, 18 Gerry Miller in Anniston says that he has 19 GLC curves for Aroclor in fish tissue. I
20 think you said, GLC curves in fish. 21 MR. WRIGHT: I stand 22 corrected.
23 Q. This memo says, Gerry
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Miller, Gerry (pltf) in OWENS
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1 Miller -- and I assume that's you. You 2 were the only Gerry Miller at Anniston? 3 A. Right. 4 Q. It says that he has GLC 5 curves for Arocloric fish tissue. This 6 work was done in connection with 7 parathion studies and fish killed in 8 streams below the Anniston plant. 9 Do you remember that?
10 A. To be absolutely truthful, 11 no, sir, I don't. 12 Q. Do you remember anything
13 about the fish kills from over the 14 Anniston plant? 15 A. Yes, I do. 16 Q. What do you remember about 17 that subject? 18 A. I remember that about this 19 point in time, maybe a year or two
20 before, there was a substantial fish kill 21 in Choccolocco Creek that resulted in 22 quite a few fish dying.
23 Q. Was Monsanto Anniston looked
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1 at as perhaps the source of whatever 2 caused the fish to die? 3 A. I'm reasonably sure that they 4 were. 5 Q. And this seems to indicate 6 that you were doing analysis of some of 7 the tissue of some of the fish that had 8 been killed down there. Does that ring a 9 bell? 10 A. No, it does not. 11 Q. All right. Does it appear to
12 be what that memo is referring to,
13 though? 14 A. It does. 15 Q. Do you have any reason to 16 doubt that you were doing some kind of 17 analysis on some kind of fish tissue? 18 A. Obviously, I was. 19 Q. What is "GLC curves?"
20 A. In the early days, instead of 21 being called gas chromatography, it was 22 referred to as gas liquid chromatography,
23 i.e, GLC.
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Miller, Gerry (pltf) in OWENS
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1 Q. And what could gas liquid 2 chromatography curves tell you about a 3 substance? 4 A. It could tell you the 5 characteristic pattern of the compound or 6 compounds that you are looking for, with 7 some degree of detection, depending upon 8 what kind of detection equipment that you 9 were using.
10 Q. This indicates that you found 11 curves that looked like Aroclor curves in 12 fish tissue, correct?
13 MR. COX: Object to the form. 14 Q. You can answer. 15 A. It appears to be the case. 16 Q. This next sentence says, 17 Gerry says that most of the Aroclor 18 isomer peaks are retained in the tissue 19 sample. What does that mean?
20 A. It appears that most of the 21 isomers are not being extracted, if 22 they're there, from the fish tissue.
23 Q. What does that mean, though,
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Miller, Gerry (pltf) in OWENS
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1 when you say that they're not being 2 extracted? 3 A. What does it mean. Let's 4 see. 5 Q. Maybe you can say what you 6 just said in another way because I'm not 7 clear on what you mean. 8 A. Well, let me put it to you 9 this way: If you take any compound or
10 compounds and you inject them or 11 otherwise get them into another medium, 12 then the process of getting them back out
13 of that medium will not be one hundred 14 percent qualitative. 15 Q. All right. Were you trying 16 to, with this fish tissue, for example, 17 were you using solvents or something to 18 get the Aroclors out to do the analysis? 19 A. Using something. I don't
20 remember what. 21 Q. So what you're indicating 22 here is that when you used whatever you
23 used, the solvent or whatever, you were
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1 getting some of the Aroclor isomers out 2 but some of them were staying in the fish 3 tissue itself? 4 A. That appears to be the case. 5 Q. What is the significance of 6 that, if any? 7 A. None. 8 Q. This is from December 31st of 9 1968, apparently, is when this memo was 10 dated. Had you done any Aroclor analysis 11 in fish tissue for the studies that went 12 into this memo? 13 MR. COX: Object to the form. 14 A. I don't remember any. 15 Q. Had you done any Aroclor 16 analysis in any environmental medium, 17 either mud or water or any other animal, 18 before the studies that are indicated by 19 this memo? 20 A. Again, I don't remember if I 21 had. 22 Q. What was your job in December 23 of '68?
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Miller, Gerry (pltf) in OWENS
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1 A. Somewhere along in this 2 period of time, I became the chief 3 chemist at the plant. I don't remember 4 exactly when, but probably about this 5 point in time. 6 Q. Did the chief chemist assume 7 responsibility for what y'all called the 8 pollution control parts of the operation? 9 A. Did he assume what? 10 Q. Responsibility or oversight 11 for the pollution control 12 responsibilities. 13 A. No. 14 Q. When did you leave Monsanto? 15 A. I don't remember exactly. It 16 was probably '71, '70. Yeah, about 1971. 17 Q. Was it before or after the 18 liquid Aroclors got shut down? 19 A. After. 20 Q. Fairly soon after, you think? 21 A. Yes. 22 Q. Okay. But before the solid 23 Aroclors got shut down?
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Miller, Gerry (pltf) in OWENS
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1 A. I don't remember. 2 Q. And as I understand, it ever 3 since then, you've been involved in your 4 own business, basically? 5 A. That's correct. 6 Q. And you're still, to this 7 day, involved in your own business 8 enterprises? 9 A. Fortunately. 10 Q. And what is that business? 11 A. I've got several. 12 Q. Can you tell me about them, 13 just briefly. 14 A. I have one company called 15 Guardian Systems, commercial analytical 16 chemistry. Another company called 17 American Environmental Engineering 18 Company. Name's synonymous with what 19 they do. I've got another company that's 20 Mineral Products and Technology that I'm 21 involved with that produces pipe 22 insulation products. Those are my three 23 primary concerns.
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Miller, Gerry (pltf) in OWENS
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1 Q. I understand the chemical 2 analysis business well enough that I 3 don't need to ask you any questions about 4 that. The environmental -- you said 5 environmental engineering? 6 A. Uh-huh. 7 Q. Tell me about that. What 8 y'all do through that business. 9 A. Address commercial and 10 concerns with environmental problems, 11 whatever they may be. 12 Q. Would that include problems 13 like the problem Monsanto faces with 14 regard to PCB situation? 15 MR. COX: Object to the form. 16 A. Yes. Problems of that type. 17 Q. What is your specific role 18 with regard to the environmental company? 19 A. Minority shareholder. 20 Q. I assume you are an employee 21 or at least a consultant to the business 22 or are you just simply a shareholder? 23 A. I'm just a part owner in the
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1 company. I don't actively work there.
2 Q. That's what I was going to
3 ask. Do you do any services for the 4 company? 5 A. Not on a regular basis.
6 Q. When you do services for that
7 company, what services do you do? 8 A. Whatever's required.
9 Q. I understand that. I'm just
10 wondering -- here's what I'm trying to 11 get at, real simply -12 A. Mostly sales and marking, to 13 cut it to the bottom line.
14 Q. You have other professionals
15 that actually do the environmental 16 engineering work, whatever it is? 17 A. Correct.
18 Q. Have you ever done
19 environmental engineering work? 20 A. Yes.
21 Q. When's the last time you did
22 environmental engineering work? 23 A. Oh, about three or four
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1 months ago.
2 Q. What kind of work did you do? 3 A. Automated a waste water 4 treatment facility for a client. 5 Q. Have y'all -- and by "y'all," 6 I mean your business -- done any business 7 for Monsanto or Solutia? 8 A. I think back in the '70s, we 9 may have calibrated an instrument for 10 them. 11 Q. Is that all the work that you 12 remember doing for Monsanto or Solutia? 13 A. Yes. 14 Q. As I understand it, you met 15 with Mr. Crockett and some others the 16 first time that PCB issue was brought to 17 his attention; is that correct? 18 A. According to what I remember, 19 yes. 20 Q. That was going to be my 21 second question is: Do you have a memory 22 of that or is it only the memo that 23 you've seen?
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Miller, Gerry (pltf) in OWENS
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1 A. No. The only memory I have 2 of it is, I did know Joe Crockett 3 professionally and we attended a few 4 conferences together. That was it. 5 Q. So you had met him before 6 y'all went down to Montgomery? You had 7 met him under other circumstances? 8 A. I think it was before that, 9 yes. 10 Q. Do you have any recollection 11 at all regarding what happened at that 12 meeting or what was said or what was done 13 or what information was given to Mr. 14 Crockett? 15 A. No. 16 Q. Did you ever have any other 17 meetings or were you present at any other 18 meetings with Mr. Crockett, that related 19 to PCBs? 20 A. I don't remember any. 21 Q. Similarly, I assume that 22 means you don't remember any other 23 communications that might have passed
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1 between either you or Monsanto, on the
2 one hand, and Mr. Crockett, on the other? 3 A. Don't remember any. 4 Q. Specifically, you don't 5 remember any information that Monsanto 6 might have given to Mr. Crockett about 7 PCBs ? 8 A. No, sir. 9 Q. Were you responsible for 10 providing Mr. Crockett any information on 11 PCBs or about PCBs or would that have 12 been somebody else at Monsanto? 13 A. I don't remember exactly. 14 But I am strongly suspicious that had 15 there been a responsibility to do that, 16 it would not have been mine. 17 Q. I apologize. I asked you 18 what your job was in December of '68, and 19 I can't remember what you said. You said 20 you would have been in transition between 21 one job and another. 22 A. I don't remember exactly when 23 I got elevated to the chief chemist job.
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Miller, Gerry (pltf) in OWENS
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1 It was sometime along in here. 2 Q. About how long were you in 3 the chief chemist job? 4 A. Probably a couple of years. 5 Q. What was the chief chemist's 6 responsibilities during this period of 7 time? 8 A. Main responsibility was 9 manage the QAQC lab at the plant. 10 Q. Somewhere along in there, 11 y'all added a Aroclor or PCB analysis 12 section that wasn't related to quality 13 control. Do you recall that? 14 A. Yes. 15 Q. Were you involved in setting 16 up that -- I'm going to call it a 17 facility -- that laboratory for analyzing 18 PCBs and environmental samples? 19 A. I was involved in kind of 20 getting the basic facility up and ready 21 to run, yes. 22 Q. For example, did you hire Don 23 Turner?
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Miller, Gerry (pltf) in OWENS
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1 A. No. Don was already an 2 employee of the company. 3 Q. Were you involved in having 4 him set aside to run the PCB analysis? 5 A. I'm sure I was. 6 Q. Do you remember it or do you 7 just assume that you would have been 8 involved? 9 A. I just assume that I would 10 have been involved. 11 Q. Is it fair to say that you 12 don't have a real clear memory of any 13 specific things that happened back in 14 those days, '68, '69, '70? 15 A. Well, general picture of what 16 was going on. But when you want to talk 17 about specifics, I remember specifically 18 setting up a facility off-site. I 19 remember where it was. I remember Don 20 Turner was the person selected to go 21 there. And it was new technology and if 22 my memory's worth a flip, I think he 23 probably went to St. Louis and was
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1 trained. And when he got back, he knew
2 more about it than I did. 3 Q. Fair enough. That's pretty 4 much what you recall about that specific 5 issue? 6 A. Yes, sir. 7 Q. Let me ask you this, then, 8 and maybe this will shorten the 9 deposition some. 10 What other specific 11 recollections, can you sum it up, 12 relating to PCBs during that time 13 frame -- and by that time frame, I mean 14 '68, '69, '70, '71, the three or four 15 years before you actually left 16 Monsanto -- what specific recollections 17 can you remember about PCBs in that 18 period of time? 19 A. Okay. The most vibrant I 20 remember is showing up for a meeting one 21 day with tennis shoes instead of black 22 shoes and a suit. That was not very much 23 fun. Rather embarrassing. No, the main
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Miller, Gerry (pltf) in OWENS
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1 thing I remember about that period of
2 time, there was an effort underway in the 3 plant to control amounts of PCB material 4 leaving the plant. There were 5 modifications made and what we used to 6 call a front yard or limestone pit area, 7 to reduce or control Aroclor emissions to 8 the discharge point. I remember some the 9 people that were involved with it. One 10 fellow in particular was named Eugene 11 Wright. 12 Q. Was that him last week? 13 A. Yes. And there was a fellow 14 named Coley that was involved with it. 15 Most of the work that I think you'd be 16 interested in was under the direction of 17 the technical services department 18 manager. 19 Q. Who was that? 20 A. I don't remember. 21 Q. Was it Mr. Taffee? 22 A. Langler. And I think Taffee 23 was the guy under Langler that was really
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1 heading the effort. 2 Q. Okay. Do you remember any of 3 the specific things that were done? You 4 mentioned modifications to the limestone 5 pit. Do you remember anything - 6 A. I remember they put two 7 limestone pits out front so they could 8 run on one and then go toanother one and 9 then clean the first one.
10 Q. Do you remember when that
11 finished? 12 A. No.
13 Q. Was it finished before you
14 left, do you think? 15 A. Yes.
16 Q. Do you remember any other
17 things that were done? Any other 18 modifications that were made to try to 19 minimize PCB admissions? 20 A. Not specifics.
21 Q. How about generally?
22 A. Generally, there was an 23 effort in that area of the plant to
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1 reduce or control or eliminate emissions
2 in the section of the plant discharged to 3 the east across the front the property. 4 Q. And you can't get any more 5 specific than that, you don't think? 6 A. I don't know any of the 7 details. I don't remember any of the 8 details. 9 Q. And my understanding is, you 10 never had any conversations with any of 11 the residents or neighbors of the plant, 12 about PCB; is that fair? 13 A. I don't remember having 14 talked to any. 15 Q. And I also understand from 16 your other deposition that you don't have 17 any recollection of the hog that was 18 found on the landfill? 19 A. I heard about it. That's all 20 I've ever heard. 21 Q. What did you hear? 22 A. What you just said. 23 Q. That a hog was the found on a
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1 landfill dead? 2 A. Yeah.
3 Q. Do you remember who you heard
4 it from? 5 A. No.
6 Q. What about the other hogs
7 being rounded up and purchased? Do you 8 remember anything about that? 9 A. I remember having heard that 10 they were rounded up and purchased, as 11 you said.
12 Q. And that's all?
13 A. That's all.
14 Q. Do you know who was in charge
15 of doing that? 16 A. No.
17 Q. It was not you, though?
18 A. No. It was not me.
19 Q. Do you know why Monsanto only
20 reported Aroclor 1242 and 1254 to Mr. 21 Crockett? 22 A. No .
23 Q. I think I may have
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Miller, Gerry (pltf) in OWENS
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1 interrupted you before you had finished
2 telling me about any other recollections 3 that you had about PCBs during that '68 4 to '71 time frame. Is there anything 5 else you remember, other than what we've 6 talked about? 7 A. Nothing comes to mind. 8 Q. Did you ever go up to the 9 dump site across the road? 10 A. I think I went up there once 11 or twice.
12 Q. What do you remember seeing
13 when you went up there? 14 A. I remember a kind of a 15 plateau area where trucks would back in, 16 or truck. And a big hole in front of 17 there. And obviously, things were dumped 18 off in that hole. 19 Q. Do you remember seeing down 20 inside the hole? 21 A. Not specifically, but, yes, I 22 did look down in the hole. 23 Q. You don't remember anything
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Miller, Gerry (pltf) in OWENS
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1 you saw, though?
2 A. I'm sure there were the 3 pallets, drums, whatever. 4 Q. Was it dry when you looked 5 down in the hole or was there water 6 standing in it? 7 A. I don't remember. 8 Q. Do you remember anything else 9 about the dump site? 10 A. Nothing, except it was across 11 the road, slightly to the south of the
12 entrance to the plant where you
13 intersected a little road that went up to 14 it. And it was at a higher elevation. 15 Q. Someone up the mountain there 16 from the plant? 17 A. Yes. 18 Q. Are you aware of any effort 19 that was ever made to minimize runoff 20 from the dump area? 21 A. No.
22 Q. Are you aware of any effort
23 that was ever made to test for PCBs
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Miller, Gerry (pltf) in OWENS
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1 coming off of the dump site? 2 A. No, I'm not.
3 Q. Let me show you this next
4 one. This is a memo that was prepared by 5 Jim Mattern. 6 7 (Whereupon, Plaintiff's 8 Exhibit No. 2 was marked for 9 identification and is 10 attached.) 11
12 Q. Do you remember who he was?
13 A. I remember the name Mattern. 14 I don't remember who he was or anything 15 about him.
16 Q. You're one of the persons on
17 the distribution list. Oh, and I was 18 going to say when it's dated. It appears 19 to have been dated sometime around August 20 of 1970. 21 A. Who is the guy who wrote 22 this?
23 Q. Look on the back page; it
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Miller, Gerry (pltf) in OWENS
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1 might. He writes like he has a little
2 bit of authority, although -- I mean, he 3 doesn't write just some guy, some worker 4 that they sent out to do that. 5 (Witness reviewing document.) 6 A. Okay. 7 Q. You've had the chance to look 8 at Exhibit No. 2 and the document's 9 entitled Aroclor Process Leaks. And then 10 it lists, I guess, it's ten areas of 11 leaks in the Aroclor section, I guess.
12 A. Uh-huh.
13 Q. Let me just ask you this 14 general question first: Do you remember 15 there being various leaks and spills, 16 from time to time, in the Aroclor 17 production area? 18 A. I'm sure there were. 19 Q. This indicates -- on the 20 first page of the document -- it lists 21 the ten items and then it has a column to 22 the left of the ten items entitled 23 "money," and then over here to the right,
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1 it has "priorities," and then there are 2 things that are written underneath the 3 money column. 4 Can you make any of those 5 out? 6 A. No.
7 Q. A couple of them have
8 initials called "MRD." 9 A. Is that "MRD " or "MRO?'
10 Q. I'm not sure . I thought in
11 here -- I thought I saw somewhere else it 12 may say. 13 A. It talks about MROs in there.
14 Q. Okay. Maybe that 's what I'm
15 seeing then. 16 A. Do you know what an MRO was?
17 Q. That's what I was going to
18 ask you. 19 A. It's a maintenance request 20 order.
21 Q. All right. It was basically
22 a request for funds to carry out whatever 23 they were --
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Miller, Gerry (pltf) in OWENS
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1 A. Not as I remember it.
2 Q. Tell me what you remember. 3 A. If you came in and flipped 4 the light switch and the switch is 5 broken, you would enter a maintenance 6 request order, replace the light switch 7 in such and such room. That's how you 8 got your maintenance done. 9 Q. Who decided whether it was 10 going to be done or not, and in what 11 order it was going to be done? 12 A. Generally, the maintenance 13 supervision. 14 Q. Dough you remember who the 15 maintenance supervisor was during this 16 time period? 17 A. No, sir. 18 Q. A bunch of those numbers, 19 some of them appear to be either 93 or 20 73, 71, 72? 21 A. Well, that looks like a 73. 22 That looks like a 73. 23 Q. Okay.
39
Miller, Gerry (pltf) in OWENS
HARTOLDMONO017398
1 A. That's the only thing I can
2 make out of it. It looks number 2, MRO, 3 maybe, up on item one. I'm not even sure 4 that says "money." 5 Q. What else could it say? 6 A. Well, it ends with a "Y" and 7 an "E." But M-I-O-N, E-Y? 8 Q. "NI," I think is a -- well, 9 it's looks like an "M" to me. 10 A. I won't argue. 11 MR. WRIGHT: Buddy, do y'all 12 have a better copy of that? 13 MR. COX: I don't think so. 14 I mean, I can look. 15 Q. Do you remember -- well, I 16 think I know the answer to this. In your 17 other deposition, you mentioned that you 18 remembered the acid sewers being 19 corroded. 20 A. Yes. 21 Q. Can you describe that? 22 A. There was, obviously, acid in 23 the acid sewers. And over a period of
40
Miller, Gerry (pltf) in OWENS
HARTOLDMONO017399
time, it had deteriorated. Some of the cementious joints that held the sewer together, head boxes and things of that type.
Q. How did you know it was
corroded? How could you tell? A. I just looked it.
Q. Where were you able to
visualize it? Obviously, you couldn't see under the ground? How were you able to tell that it had been corroded?
A. Mostly, you were looking at head boxes.
Q. Describe a head box.
A. Entry point.
Q. Is it like a concrete box in
the ground? A. Yes. And a trench would come
in and go down.
Q. You understand, I think, that
one of the sources for PCB escaping from the plant was in the muriatic acid that was created as a result of the scrubbing
41
Miller, Gerry (pltf) in OWENS
HARTOLDMONO017400
1 of the off gas from the chlorinators? 2 A. Correct.
3 Q. Would that go through the
4 acid sewer that we were just talking 5 about? 6 A. Yes.
7 Q. Do you remember any
8 directives from either the Anniston 9 managerial staff or the St. Louis 10 managerial staff for reducing PCB 11 emissions from the plant? I know you 12 remember there was a specific effort -13 A. There was specific 14 activities . I'm not aware, particularly, 15 of the specific directive.
16 Q. You don't remember any in
17 particular ; is that fair? 18 A. That's fair.
19 Q. I assume you met with Mr. Cox
20 before your deposition today? 21 A. I've met with Mr. Cox many 22 times before today.
23 Q. Tell me about each of the
42
Miller, Gerry (pltf) in OWENS
HARTOLDMONO017401
1 times that you remember meeting with him. 2 MR. COX: Just tell him the 3 times. We were, obviously, representing 4 Gerald as part of this, part of his 5 relationship with Monsanto, at his 6 request. So, just tell him about the 7 times we met, if you can remember; not 8 what we discussed. 9 A. Well, we met for a deposition 10 two or three years ago. I had a 11 conversation with Mr. Cox a couple of 12 weeks ago.
13 Q. Was that over the telephone
14 or in person? 15 A. It was a personal visit.
16 Q. Here at the these offices?
17 A. No.
18 Q. Did he come out to you?
19 A. Yes.
20 Q. How long did y'all meet that
21 time? 22 A. 30 minutes.
23 Q. Okay. Did y'all look at any
43
Miller, Gerry (pltf) in OWENS
HARTOLDMONO017402
1 specific documents ? 2 A. Yes.
3 Q. Which documents did you look
4 at? 5 A. I don't remember which 6 documents we looked at.
7 Q. What did they have to do
8 with? 9 A. Pertaining to this litigation 10 that's going on.
11 Q. I mean, were they documents
12 from the '60s and early '70s? 13 A. Sure.
14 Q. Were they documents that you
15 had authored or just documents that you 16 had been copied on? 17 A. I remember one that I had 18 authored.
19 Q. Which one was that?
20 A. I remember seeing this 21 document.
22 Q. Exhibit No. 1?
23 A. Yeah. And it seemed like I
44
Miller, Gerry (pltf) in OWENS
HARTOLDMONO017403
1 looked at one that I had authored.
2 Q. You didn't author Exhibit No. 3 1. Which one that you had authored? 4 What did it have to do with? 5 A. Meeting with Joe Crockett. 6 Q. Do you remember any of the 7 other documents that y'all looked at? 8 A. No, sir. 9 Q. Then before this deposition, 10 did y'all meet again? 11 A. No. 12 Q. Do you have any 13 understanding -- well, have you been told 14 that Monsanto would like for you to be a 15 witness at the trial that starts here in 16 Birmingham next week? 17 A. No. 18 Q. Well, let me just advise you 19 that I've been advised that they do want 20 you to be such a witness. What I was 21 going to do is ask you if you had any 22 understanding of what your proposed 23 testimony would be? I guess I know the
45
Miller, Gerry (pltf) in OWENS
HARTOLDMONO017404
1 answer to that. 2 A. I haven't prepared any 3 testimony. 4 Q. You don't have any idea what 5 your testimony would be if they called 6 you to be a witness over at the trial? 7 A. I would attempt to testify 8 truthfully about what I do remember, 9 which is really not anything except 10 things that have been refreshed in my 11 mind by looking at these exhibits. 12 Q. Okay. I guess what I'm 13 trying to do, and I'll be real up front 14 with you -15 A. Uh-huh. 16 Q. I just need to know, to the 17 best of our ability, what your testimony 18 would be if Monsanto called you and asked 19 you to testify about PCBs in Anniston, 20 Alabama. And I've tried to ask you the 21 things that you remember. And hopefully 22 I've exhausted your memory. 23 A. Adequately.
46
Miller, Gerry (pltf) in OWENS
HARTOLDMONO017405
1 Q. I have exhausted your memory,
2 so far? 3 A. Yeah.
4 Q. Let me ask you this: In
5 either of your environmentally related 6 business, have either you or your company 7 done any PCB work? 8 A. Have we done any PCB work?
9 Q. Yes.
10 A. Yes.
11 Q. What PCB work have you done?
12 A. It's not unusual in the 13 marketplace for folks to be checking -14 or customers to be checking to see if 15 they have any PCB problems.
16 Q. So that would be the
17 analytical side that would get requests 18 from time to time to analyze for the 19 presence of PCBs? 20 A. Correct.
21 Q. What about any remediation of
22 PCBs, or removal? 23 A. I'm not aware of any.
47
Miller, Gerry (pltf) in OWENS
HARTOLDMONO017406
1 Q. Is the only involvement with
2 PCBs, that you can think of that either 3 you or your companies have had, have been 4 the analysis of samples for the presence 5 or quantity of PCBs? 6 A. That's correct. 7 Q. Do you have anyknowledge 8 about the transport of PCBs, how PCBs get 9 transported around the environment? 10 MR. COX: Are you asking him 11 if he has any - 12 MR. WRIGHT: Knowledge. 13 MR. COX: Knowledge of 14 transport issues of environmental - 15 MR. WRIGHT: Of PCBs. 16 MR. COX: Okay. 17 Q. I understand that you may 18 not. 19 A. No. 20 Q. If you don't - 21 MR. COX: I thought you were 22 talking about how PCBs left the plant in 23 tank trucks, in drums. Sorry.
48
Miller, Gerry (pltf) in OWENS
HARTOLDMONO017407
1 MR. WRIGHT: No. That's not
2 really what concerns me. What concerns 3 me is them leaving in globules and 4 washing down the mountain and so forth. 5 Q. Do you have any other 6 knowledge about how PCBs get transported 7 in the environment, when they're not 8 being transported in tank cars and 9 drums?
10 A. Not to my knowledge. 11 Q. As I understand it, you, 12 later on in your career, were the Aroclor
13 production supervisor; is that true? 14 A. True. 15 Q. How long were you in that 16 job? 17 A. Best guess, a year and a 18 half; maybe two. 19 Q. When you were in that job, do 20 you have any specific recollection of 21 dealing with the issue of PCBs leaving 22 the plant, unintended? 23 A. I can only tell you that at
49
Miller, Gerry (pltf) in OWENS
HARTOLDMONO017408
1 that point in time, these corrective
2 action issues were underway, and some of 3 those were involved in the operation, 4 naturally. 5 Q. Do you have any specific 6 recollections about any of it, other than 7 just a general knowledge? 8 A. Just a general knowledge of 9 things were going on.
10 Q. Did you have a yearly 11 evaluation, as Aroclor production 12 supervisor? Did Monsanto do that back in
13 those days? 14 A. Yes, they did. 15 Q. Who evaluated your work? 16 A. I think my immediate 17 supervisor was -- hang on a minute. I 18 think his name is back here. Jessie 19 Corder.
20 Q. What was his job? 21 A. He was the production 22 superintendent.
23 Q. Okay. So, there was a
50
Miller, Gerry (pltf) in OWENS
HARTOLDMONO017409
1 production superintendent then there were
2 supervisors for each of the areas that
3 were -
4 A. Under that production
5 superintendent, yes.
6 Q. Did any of the areas of
7 evaluation specifically deal with
8 minimizing PCB emissions?
9 A. I don't remember.
10 Q. Do you remember anything of
11 any of the parameters of the evaluation
12 for production supervisor?
13 A. The only thing I remember
14 about it is that everybody was directed
15 to develop sets of goals and objectives.
16 And those were established the criteria
17 by which your job performance was managed
18 for a year, or some short period of time.
19
Q.
Okay.
Let me get that
20 straight. You, as production supervisor,
21 were supposed to draw up a set of goals?
22 A. Wanted to get everybody
23 working at the plant. That was the way
51
Miller, Gerry (pltf) in OWENS
HARTOLDMONO017410
1 it worked.
2 Q. I'm just not clear. When you 3 say "that was the way it worked." 4 Everybody at the plant was supposed to 5 draw up a set of goals for themselves for 6 the next year? 7 A. If memory serves me 8 correctly, you and your immediate 9 supervisor would develop a list of goals
10 and objectives to be accomplished within 11 some period of time. And I presume that 12 was a year, because your performance was
13 reviewed at least annually. 14 Q. All right. 15 A. Against those mutually agreed 16 upon goals and objectives. 17 Q. Do you remember doing that 18 with Mr. Corder? 19 A. No.
20 Q. You assume you did, though? 21 A. I'm reasonably sure I did. 22 Q. Would those goals have been
23 kept in the personnel file?
52
Miller, Gerry (pltf) in OWENS
HARTOLDMON0017411
1 A. I'm sure Mr. Corder's boss
2 would have had a copy of it, yes. 3 Q. Do you remember any of your 4 goals for any time when you were Aroclor 5 production supervisor? 6 A. No. 7 MR. WRIGHT: Why don't we 8 take a quick break? 9 MR. COX: Okay.
10 Q. When we were talking about 11 changes that were made in response to the 12 question of PCB pollution from the plant,
13 you mentioned modifications made in the 14 front yard and then you later expanded 15 that to mean the expansion of the 16 limestone pit. You recall? 17 A. Yes. 18 Q. Can you remember any other 19 modifications that were made to reduce
20 PCB emissions from the plant? 21 A. Not specifically. 22 Q. Is there anything else that
23 you believe you would be able to tell a
53
Miller, Gerry (pltf) in OWENS
HARTOLDMON0017412
1 jury here in Birmingham, about the issues
2 of PCBs and the Monsanto Anniston plant, 3 other than what we've already talked 4 about? 5 A. Not from an environmental 6 standpoint. 7 Q. Okay. What about from any 8 standpoint? 9 A. Well, PCBs had been produced
10 at Monsanto plant Anniston since, I 11 think, in the early '30s. The production 12 of Aroclors, as they were called in the
13 trade, was a substantial portion of the 14 work that was conducted at that plant. 15 It was sold to the electrical industry, 16 for the most part, because of it's 17 electrical properties. That's about all. 18 I know how to make it. 19 Q. All right.
20 A. Having made it. 21 Q. So other than how to make it, 22 what you just told us about the history,
23 basically, and then the environmental
54
Miller, Gerry (pltf) in OWENS
HARTOLDMON0017413
1 things we talked about, you can't think 2 of anything else that you could tell a 3 jury about PCBs and Monsanto Anniston? 4 A. Nothing that would -- just 5 general knowledge. I mean, I don't have 6 anything specifically enlightening beyond 7 what everyone knows about it, period. 8 Q. Like I said, I just want to 9 make sure that I know that if you do get 10 called, I'll have a pretty good idea of 11 what you're going to testify to. And 12 since I don't know the specific questions 13 you're going to be asked, all I can do is 14 try to find out everything that you could 15 testify to. And I just want to make sure 16 I've done that by the time we finish 17 today. 18 And is it fair to say that 19 I've exhausted the knowledge about the 20 environmental aspects of PCBs and 21 Monsanto Anniston plant? 22 A. Yes, sir. 23 Q. I understand what you said
55
Miller, Gerry (pltf) in OWENS
HARTOLDMON0017414
1 about how to make them. 2 A. Uh-huh.
3 Q. And if somebody asks you that
4 question, I'm not too concerned about 5 your answer. Is there anything more 6 about the history or general knowledge, I 7 guess, other than how to make them, that 8 you have, other than what you've already 9 talked about? 10 A. Not that I can think of.
11 Q. Is Joe Landwehr still alive?
12 A. I have no idea.
13 Q. Have you kept in touch with
14 any of the old Anniston hands? 15 A. I have seen Eugene Wright 16 once, probably 10 or 12 years ago.
17 Q. Just out of curiosity, where
18 did you see him? 19 A. I think, at a funeral.
20 Q. Do you remember whose funeral
21 it was? 22 A. I don't remember.
23 Q. Okay.
56
Miller, Gerry (pltf) in OWENS
HARTOLDMON0017415
1 A. I've not seen nor heard from 2 any of these people referenced in these 3 documents, with the exception of Bunky 4 Wright, or Eugene. A fellow that used to 5 work for me in the laboratory named Bud 6 Kemp, who's been retired for 35 years. I 7 saw him not too long ago. One of the 8 fellows that I used to work for lives 9 here in Birmingham but I never see him 10 anymore. And the only reason I know that 11 is, his daughter-in-law is an assistant 12 DA in Shelby County.
13 Q. What's his name?
14 MR. COX: Fuhrmeister.
15 Q. Is he still alive, as far as
16 you know? 17 A. As far as I know.
18 Q. But you haven't had any
19 contact with him? 20 A. No.
21 Q. Anybody else that you can
22 think of? 23 A. That's it.
57
Miller, Gerry (pltf) in OWENS
HARTOLDMON0017416
1 Q. Well I think we're finished,
2 then. Thank you, sir. 3 A. You're very welcome. 4 END OF DEPOSITION 5 (2:45 p.m.)
58
Miller, Gerry (pltf) in OWENS
HARTOLDMON0017417
[& - assume]
&
&
2:18 5:11 6:8
0
0440 2:5_______________
1
1
4:7 13:22 44:22 45:3 1:30
6:9 10
56:16 1010
5:7
111
5:6 12
4:7 56:16 1242
33:20 1254
33:20 1960
11:9 1963
11:10 1966
12:19 1968
19:9 1970
36:20 1971
20:16 1988
10:5 1991
10:5______________
2
2
4:8 36:8 37:8 40:2 2:45
58:5 2001
2:20 20th
5:13 26th
2:19______________
3
30 43:22
Transcript Word Index
30s 54:11
31st 19:8
34 4:8
35 57:6
35203-3200 5:14________________
4
400 5:13________________
5
5 4:3_________________
6
60s 13:5 44:12
67 12:19
68 13:7 19:23 26:18 28:14 29:14 34:3
69 13:7 28:14 29:14
7
70 20:16 28:14 29:14
70s 24:8 44:12
71 20:16 29:14 34:4 39:20
72 39:20
73 39:20,21,22
78701 5:8_________________
9
93 39:19
96 2:5_________________
a
ability 46:17
able 41:8,10 53:23
absolutely 15:10
accomplished 52:10
acid 40:18,22,23 41:22 42:4
acting 6:2
action 50:2
actively 23:1
activities 42:14
add 12:8
added 27:11
address 22:9
adequately 46:23
admissions 31:19
advise 45:18
advised 45:19
ago 7:14 24:1 43:10,12 56:16 57:7
agreed 2:13,22 3:5,14 52:15
air 11:19 12:2,22
al 2:6
alabama 2:2,19 5:14 6:2,8 46:20
alive 56:11 57:15
american 21:17
amounts 30:3
analysis 11:17,19 12:3,22 13:15 16:6,17 18:18 19:10,16 22:2 27:11 28:4 48:4
analytical 21:1547:17
analyze 47:18
analyzing 14:1227:17
animal 19:17
anniston 6:19 7:21 14:18 15:2,8,14 15:23 42:8 46:19 54:2,10
anniston (cont.) 55:3,21 56:14
annually 52:13
answer 17:14 40:16 46:1 56:5
anybody 57:21
anymore 57:10
apologize 26:17
apparently 19:9
appear 16:11 39:19
appearances 5:3
appears 17:15,20 19:4 36:18
area 30:6 31:23 34:15 35:20 37:17
areas 37:10 51:2,6
argue 40:10
arm 10:2,2
aroclor 14:11,19 17:11,17 19:1,10 19:15 27:11 30:7 33:20 37:9,11,1649:1250:11 53:4
arocloric 15:5
aroclors 18:18 20:18,23 54:12
aside 28:4
asked 26:17 46:18 55:13
asking 48:10
asks 56:3
aspects 55:20
assign 3:10
assistant 57:11
assume 15:1 20:6,9 22:20 25:21 28:7,9 42:19 52:20
Miller, Gerry (pltf) in OWENS
HARTOLDMON0017418
[attached - copied]
attached 14:1 36:10
attempt 46:7
attended 25:3
attention 24:17
attorney 5:5
august 36:19
austin 5:8
author 45:2
authored 44:15,1845:1,3
authority 37:2
automated 24:3
aware 35:18,22 42:14 47:23
b
back 9:21 18:12 24:8 28:13 29:1 34:15 36:23 50:12,18
basic 27:20
basically 21:4 38:21 54:23
basis 23:5
beginning 6:8 12:7
believe 53:23
bell 16:9
best 6:21 46:17 49:17
better 8:10 40:12
beyond 55:6
big 34:16
birmingham 2:19 5:14 6:2,8 45:16 54:1 57:9
bit 37:2
black 29:21
boss 53:1
bottom 23:13
box 41:14,16
boxes 41:3,13
break 53:8
briefly 21:13
broken 39:5
brought 24:16
bud 57:5
buddy 14:1540:11
building 5:12
bunch 39:18
bunky 57:3
business 8:3,4 21:4,7,10 22:2,8,21 24:6,6 47:6
c
calibrated 24:9
call 27:16 30:6
called 16:21 20:7 21:14,16 38:8 46:5,18 54:12 55:10
calling 7:12
capture 13:2,16
career 49:12
carriers 7:14
carry 38:22
cars 49:8
case 2:5 7:4,15,17 9:20 10:5,5 10:12 17:15 19:4
cases 6:20 8:5,11 9:21 10:8 11:2
cause 6:10
caused 16:2
cementious 41:2
certainly 7:22 11:20
certify 6:3
chance 37:7
change 12:17
changed 12:20
changes 53:11
characteristic 17:5
charge 33:14
checking 47:13,14
chemical 22:1
chemist 11:13 20:3,6 26:23 27:3
chemistry 21:16
chemist's 27:5
chief 20:2,6 26:23 27:3,5
chlorinators 42:1
choccolocco 15:21
chromatograph 11:21 12:2,21 13:3,11
chromatographic 13:15
chromatography 16:21,22 17:2
circuit 11:7
circumstances 7:23 25:7
civil 6:5
dark 5:12
clean 31:9
clear 18:7 28:12 52:2
client 24:4
Miller, Gerry (pltf) in OWENS
coley 30:14
column 37:21 38:3
coming 36:1
commercial 21:15 22:9
commissioner 2:173:155:2 6:3
communications 25:23
companies 8:22 10:1 48:3
company 2:9 8:6,15,19 9:6,9,12,17 21:14,16,18,1922:1823:1 23:4,7 28:2 47:6
compliance 3:1
compound 17:5 18:9
compounds 17:6 18:10
concerned 56:4
concerning 10:3,6
concerns 21:23 22:10 49:2,2
concrete 41:16
conducted 54:14
conferences 25:4
congress 5:6
conjunction 13:3,11
connection 15:6
consultant 9:17 22:21
contact 57:19
control 11:16,19 12:3 20:8,11 27:13 30:3,7 32:1
conversation 43:11
conversations 32:10
copied 14:5 44:16
HARTOLDMON0017419
[copy - escaping]
copy
date
directive
eastern
40:12 53:2
6:4 12:17
42:15
2:3
corder
dated
directives
effect
50:19 52:18
19:1036:18,19
42:8
2:23
corder's
daughter
discharge
effort
53:1
57:11
30:8
30:2 31:1,23 35:18,22
corporately
day
discharged
42:12
8:13,14
2:19 21:7 29:21
32:2
either
correct
days
discussed
19:17 26:1 39:19 42:8 47:5
13:17 17:1221:5 23:17
16:20 28:14 50:13
43:8
47:6 48:2
24:17 42:2 47:20 48:6
dead
distribution
electrical
corrected
33:1
36:17
54:15,17
14:22
deal
district
electron
corrective
51:7
2:1,2
13:2,16
50:1
dealing
division
elevated
correctly
49:21
2:3
26:23
52:8
dealings
divorced
elevation
corroded
8:4
10:21
35:14
40:1941:6,11
december
document
eliminate
counsel
19:8,22 26:18
14:17 37:5,20 44:21
32:1
2:15 3:6,8 6:6
decided
documents
embarrassing
county
39:9
44:1,3,6,11,14,15 45:7 57:3 29:23
11:4 57:12
defendant
document's
emissions
couple
2:10
37:8
30:7 32:1 42:11 51:8 53:20
27:4 38:7 43:11
degree
doing
employee
course
17:7
12:21 16:6,16 24:12 33:15 9:14 22:20 28:2
12:22
delaware
52:17
ends
court
7:17 don
40:6
2:1 3:2 6:1 11:5,6,7,7
department
27:22 28:1,19
engineering
cox
30:17
doubt
21:17 22:5 23:16,19,22
5:10 7:3,8 14:13,17 17:13 depending
16:16
enhance
19:13 22:15 40:13 42:19,21 17:7
dough
13:15
43:2,11 48:10,13,16,21 deposed
39:14
enlightening
53:9 57:14
6:22 7:5,9,16 9:19 10:7 draw
55:6
created
deposition
51:21 52:5
enter
41:23
2:15,223:11,1529:9 32:16 drums
39:5
creek
40:17 42:20 43:9 45:9 58:4 35:3 48:23 49:9
enterprises
15:21
depositions
dry
21:8
criteria
3:3 6:18 7:20 8:1 10:10,12 35:4
entitled
51:16
10:17,18
duly
37:9,22
crockett
describe
6:15
entrance
24:15 25:2,14,18 26:2,6,10 40:21 41:14
dump
35:12
33:21 45:5
details
34:9 35:9,20 36:1
entry
curiosity
32:7,8
dumped
41:15
56:17
detection
34:17
environment
curves
17:7,8
duties
48:9 49:7
14:11,19,20 15:5 16:19 deteriorated
11:15
environmental
17:2,11,11
41:1
dying
19:1621:1722:4,5,10,18
customers
develop
15:22
23:15,19,22 27:18 48:14
47:14 cut
23:13
da 57:12
d
51:15 52:9 die
16:2 directed
51:14 direction
30:16
e
early 16:20 44:12 54:11
easiest 9:22,23
east 32:3
54:5,23 55:20 environmentally
47:5 equipment
17:8 escaping
41:21
Miller, Gerry (pltf) in OWENS
HARTOLDMONO017420
[established - immediate]
established
fellow
fuhrmeister
h
51:16
30:10,13 57:4
57:14
half
et
fellows
full
49:18
2:6 57:8 2:23 hand
eugene
file
fun
13:18 26:2
30:10 56:15 57:4
52:23
29:23
hands
evaluated
filing
funds
56:14
50:15
3:14
38:22
hang
evaluation
find
funeral
50:17
50:11 51:7,11
55:14
56:19,20
happened
everybody
finish
further
25:11 28:13
51:14,22 52:4
55:16
2:21 3:4,13
head
evidence
finished
g 41:3,13,14
3:12 exactly
13:5 20:4,15 26:13,22 examination
4:2 6:11,17 examined
6:15 example
18:16 27:22 exception
57:3 exhausted
46:22 47:1 55:19 exhibit
13:19,22 36:8 37:8 44:22 45:2 exhibits 4:6 46:11 exist 13:12 expanded 53:14 expansion 53:15 explain 9:23 extracted 17:21 18:2______________
f
faces 22:13
facility 24:4 27:17,20 28:18
fair 28:11 29:3 32:12 42:17,18 55:18
fairly 20:20
far 47:2 57:15,17
federal 6:4 11:5
31:11,1334:1 58:1 first
6:15 11:12 12:7 13:1,14,19 24:16 31:9 37:14,20 fish 14:11,19,20 15:5,7,13,20 15:22 16:2,7,17 17:12,22 18:16 19:2,11 flip 28:22 flipped 39:3 flow 11:19 folks 47:13 following 6:11 follows 6:16 force 2:23 foregoing 6:5 form 3:7 14:13 17:13 19:13 22:15 forth 49:4 fortunately 21:9 found 14:10 17:10 32:18,23 four 23:23 29:14 frame 29:13,13 34:4 franklin 2:185:11 6:7 front 30:6 31:7 32:3 34:16 46:13 53:14
gas heading
13:11 16:21,22 17:1 42:1
31:1
general
hear
28:15 37:14 50:7,8 55:5
13:8 32:21
56:6 heard
generally
13:2,15 32:19,20 33:3,9
31:21,22 39:12
57:1
gerald
held
43:4 41:2
gerry
help
2:16 6:9,14 14:18,23 15:2 12:17
17:17
higher
getting
35:14
18:12 19:1 27:20
hire
given
27:22
6:197:198:1 10:1825:13 history
26:6 54:22 56:6
glc hog
14:19,20 15:4 16:19,23
32:17,23
globules
hogs
49:3 33:6
go hole
9:22 28:20 31:8 34:8 41:19 34:16,18,20,22 35:5
42:3 homologues
goals
12:5
51:15,21 52:5,9,16,22 53:4 hopefully
going
46:21
23:2 24:20 27:16 28:16 huh
36:18 38:17 39:10,11 44:10 9:13 22:6 37:12 46:15 56:2
45:21 50:9 55:11,13
hundred
good
18:13
55:10
i
ground 41:10,17
grounds 3:10
guardian 21:15
guess 8:9 12:15 13:6 37:10,11 45:23 46:12 49:17 56:7
guy
i.e 16:23
idea 46:4 55:10 56:12
identification 13:23 36:9
iii 510
immediate 50:16 52:8
30:23 36:21 37:3
Miller, Gerry (pltf) in OWENS
HARTOLDMONO017421
[include - memory's]
include
items
11:1822:12
37:21,22_______________
index 4:1
indicate 16:5
indicated 19:18
indicates 17:1037:19
indicating 18:21
industry 54:15
information 25:13 26:5,10
initials 38:8
inject 18:10
inside 34:20
j
jefferson 11:4
jessie 50:18
jim 36:5
job 11:12 19:22 26:18,21,23 27:3 49:16,19 50:20 51:17
jobs 12:18,20
joe 25:2 45:5 56:11
joints 41:2
jury 54:1 55:3_______________
k
instrument
kemp
24:9 57:6
insulation
kept
21:22
52:23 56:13
insurance
kill
7:4,13,14
15:20
intellectual
killed
10:4 15:7 16:8
interest
kills
8:23 9:2,5,9
15:13
interested
kind
30:16
16:16,17 17:8 24:2 27:19
interrupted
34:14
34:1 knew
intersected
29:1
35:13
know
involved
7:4 25:2 32:6 33:14,19
8:6,12 10:3 21:3,7,21 27:15 38:1640:1641:5 42:11
27:19 28:3,8,10 30:9,14
45:23 46:16 54:18 55:9,12
50:3 57:10,16,17
involvement
knowledge
48:1 13:1348:7,12,1349:6,10
involving
50:7,8 55:5,19 56:6
8:3 knows
isomer
55:7___________________
17:18
I
isomers 17:21 19:1
issue 24:16 29:5 49:21
issues 48:14 50:2 54:1
item 40:3
lab 27:9
laboratory 11:1427:1757:5
landfill 32:18 33:1
landwehr 56:11
langler
m
30:22,23
main
larry
27:8 29:23
5:4 7:4
maintenance
late 38:19 39:5,8,12,15
13:5 manage
law 27:9
5:5 57:11
managed
laws
51:17
3:1 manager
leading
30:18
3:8 managerial
leaks
42:9,10
37:9,11,15
manufacturing
leave
8:189:12
20:14
march
leaving
2:20
30:4 49:3,21
mark
left 13:19
29:15 31:14 37:22 48:22 marked
light
13:22 36:8
39:4,6
marketplace
lightfoot
47:13
2:185:11 6:7
marking
limestone
23:12
30:6 31:4,7 53:16
mask
line 5:2 6:1
23:13
mass
liquid
13:10
16:22 17:1 20:18
material
list 30:3
36:17 52:9
mattern
lists 36:5,13
37:10,20
mean
litigation
8:15 17:19,23 18:3,7 24:6
7:5,10,13 8:2 10:3 44:9
29:13 37:2 40:14 44:11
little 53:15 55:5
35:13 37:1
means
lives
25:22
57:8 medium
long
18:11,13 19:16
12:12 27:2 43:20 49:15
meet
57:7 43:20 45:10
look
meeting
34:22 36:23 37:7 40:14
25:12 29:20 43:1 45:5
43:23 44:3
meetings
looked
25:17,18
15:23 17:11 35:4 41:7 44:6 memo
45:1,7
14:3,7,23 16:12 19:9,12,19
looking
24:22 36:4
17:641:1246:11
memory
looks
6:21 24:21 25:1 28:12
39:21,22 40:2,9
46:22 47:1 52:7
louis
memory's
28:23 42:9
28:22
Miller, Gerry (pltf) in OWENS
HARTOLDMONO017422
[mentioned - presence]
mentioned
n
31:4 40:17 53:13
name
met 36:13 50:18 57:13
24:14 25:5,7 42:19,21 43:7 named
43:9 miller
30:10,14 57:5 name's
2:166:9,14 14:18 15:1,2
21:18
mind
naturally
10:22 11:1 34:7 46:11 mine
50:4 necessary
26:16
3:5
mineral
need
8:17 9:4,6,9 21:20
22:3 46:16
minimize
neighbors
31:1935:19
32:11
minimizing
new
51:8 28:21
minority
ni
9:10 22:19
40:8
minute 50:17
north 5:13
minutes
northern
43:22
2:2
misstate
notice
14:15
3:14
modifications
number
30:5 31:4,18 53:13,19
2:5 4:2 40:2
money
numbers
37:23 38:3 40:4
39:18_______
monsanto
2:9 6:19 7:13,21 10:17 11:8
o
15:23 20:14 22:13 24:7,12 object
26:1,5,12 29:16 33:19 43:5 14:13 17:13 19:1322:15
45:14 46:18 50:12 54:2,10 objections
55:3,21
3:6,9
montgomery
objectives
25:6 51:1552:10,16
months
obviously
24:1 16:18 34:17 40:22 41:9
mountain
43:3
35:15 49:4
offered
mrd 3:11
38:8,9
offices
mro 2:17 6:7 43:16
38:9,16 40:2
oh
mros
23:23 36:17
38:13
okay
mud
7:1 10:20 14:6,9 20:22
19:17
29:19 31:2 37:6 38:14
muriatic
39:23 43:23 46:12 48:16
41:22
50:23 51:19 53:9 54:7
mutually
56:23
52:15
old 56:14
once
7:5 34:10 56:16
operation 20:8 50:3
operations 11:17
oral 6:10
order 38:20 39:6,11
oversight 20:10
owens 2:6
owner 22:23
ownership 8:23 9:2,8
owns 10:6____________________
P
p.m. 6:9 58:5
page 4:2 36:23 37:20
pallets 35:3
parameters 51:11
parathion 15:7
part 22:23 43:4,4 54:16
particular 10:2 30:10 42:17
particularly 42:14
parties 2:14 3:9
parts 20:8
passed 25:23
patent 10:6
pattern 17:5
pcb 7:5,9 22:14 24:16 27:11 28:4 30:3 31:19 32:12 41:21 42:1047:7,8,11,15 51:8 53:12,20
pcbs 12:5 25:1926:7,11,11 27:18 29:12,17 34:3 35:23 46:19 47:19,22 48:2,5,8,8 48:15,22 49:6,21 54:2,9 55:3,20
peaks 17:18
pending 11:3
people 30:9 57:2
percent 18:14
performance 51:1752:12
period 20:2 27:6 29:18 30:1 39:16 40:23 51:18 52:11 55:7
person 28:20 43:14
personal 43:15
personally 8:12
personnel 52:23
persons 36:16
pertaining 44:9
picture 28:15
pipe 21:21
pit 30:6 31:5 53:16
pits 31:7
plaintiffs 2:7
plaintiff's 4:7,8 13:21 36:7
plant 11:17 15:8,14 20:3 27:9 30:3,4 31:23 32:2,11 35:12 35:16 41:22 42:11 48:22 49:22 51:23 52:4 53:12,20 54:2,10,14 55:21
plateau 34:15
point 13:13 15:1920:5 30:8 41:1550:1
pollution 20:8,11 53:12
portion 54:13
prepared 36:4 46:2
presence 47:19 48:4
Miller, Gerry (pltf) in OWENS
HARTOLDMONO017423
[present - scrubbing]
present 12:5 25:17
presume 52:11
pretty 29:3 55:10
primary 21:23
prior 3:12 6:22
priorities 38:1
probably 20:4,16 27:4 28:23 56:16
problem 7:2 22:13
problems 22:10,12,16 47:15
procedure 6:5
proceedings 6:12
process 18:12 37:9
produced 54:9
produces 21:21
production 37:1749:1350:11,21 51:1 51:4,12,20 53:5 54:11
products 8:17 9:4,6,9 21:20,22
professionally 25:3
professionals 23:14
project 10:2
properties 10:4 54:17
property 32:3
proposed 45:22
provided 6:4
providing 26:10
purchased 33:7,10
put 18:8 31:6
____________ q_________
qaqc 27:9
qualitative 18:14
quality 11:16,18 12:2 27:12
quantity 48:5
question 24:21 37:14 53:12 56:4
questions 3:7,8 22:3 55:12
quick 53:8
quite 15:22_______________
r
ready 27:20
real 23:11 28:12 46:13
really 30:23 46:9 49:2
reason 16:1557:10
reasonably 16:3 52:21
reasons 7:20
recall 7:12 27:13 29:4 53:16
recollection 25:10 32:17 49:20
recollections 29:11,16 34:2 50:6
reduce 30:7 32:1 53:19
reducing 42:10
referenced 57:2
referred 16:22
referring 16:12
refreshed 46:10
regard 22:14,18
regarding 25:11
regular 23:5
related
resulted
6:19 7:9 25:18 27:12 47:5 15:21
relates
retained
14:7 17:18
relating
retired
3:2 29:12
57:6
relationship
reviewed
9:16 43:5
52:13
remediation
reviewing
47:21
37:5
remember
richard
7:18 10:14 12:12 13:4,9
14:4
15:9,12,16,18 18:20 19:14 right
19:20 20:3,15 21:1 24:12
8:9 11:9,11 15:3 16:11
24:18 25:20,22 26:3,5,13
18:15 37:23 38:21 52:14
26:19,22 28:6,17,19,19
54:19
29:17,20 30:1,8,20 31:2,5,6 rights
31:10,16 32:7,13 33:3,8,9 10:6
34:5,12,14,19,23 35:7,8 ring
36:12,13,14 37:14 39:1,2
16:8
39:14 40:15 42:7,12,16 road
43:1,7 44:5,17,20 45:6 46:8 34:9 35:11,13
46:21 51:9,10,13 52:17 rockwell
53:3,18 56:20,22
8:20
remembered
rockwool
40:18
8:18,21 9:11 11:2
removal
role
47:22
22:17
replace
room
39:6 39:7
reported
rounded
33:20
33:7,10
reporter
routine
6:2 11:16
representing
rules
43:3 3:2 6:4
request
run
38:19,22 39:6 43:6
27:21 28:4 31:8
requests
runoff
47:17
35:19__________________
required 23:8
residents 32:11
respective 2:15
response 53:11
responsibilities 20:12 27:6
responsibility 20:7,10 26:15 27:8
responsible 26:9
result 41:23
s
sales 23:12
sample 17:19
samples 27:18 48:4
saw 35:1 38:11 57:7
says 14:10,17,18,23 15:4 17:16 17:17 40:4
scott 14:4
scrubbing 41:23
Miller, Gerry (pltf) in OWENS
HARTOLDMONO017424
[second - texas]
second 24:21
section 27:12 32:2 37:11
seeing 34:12,19 38:15 44:20
seen 24:23 56:15 57:1
selected 28:20
sent 37:4
sentence 17:16
serves 6:21 52:7
services 23:3,6,7 30:17
set 28:4 51:21 52:5
sets 51:15
setting 27:15 28:18
sewell 7:7
sewer 41:2 42:4
sewers 40:18,23
shareholder 9:10 22:19,22
shelby 57:12
shoes 29:21,22
short 51:18
shorten 29:8
show 36:3
showing 29:20
shut 20:18,23
side 47:17
significance 19:5
similarly 25:21
simply 22:22 23:11
sir 15:11 26:8 29:6 39:17 45:8
sir (cont.) 55:22 58:2
site 28:18 34:9 35:9 36:1
situation 22:14
slightly 35:11
sold 54:15
solid 20:22
solutia 24:7,12
solvent 18:23
solvents 18:17
somebody 26:12 56:3
soon 20:20
sorry 48:23
source 16:1
sources 41:21
south 35:11
specific 22:17 28:13 29:4,10,16 31:3 32:5 42:12,13,15 44:1 49:20 50:5 55:12
specifically 26:4 28:17 34:21 51:7 53:21 55:6
specifics 28:17 31:20
spectrometry 13:10
spills 37:15
St 28:23 42:9
staff 42:9,10
stand 14:21
standing 35:6
standpoint 54:6,8
started 12:7,10,21
starts
sure (cont.)
45:15
55:15
state
suspicious
11:5,7
26:14
states
switch
2:1 39:4,4,6
staying
sworn
19:2 6:15
Stephanie
synonymous
2:17 5:2 6:1
21:18
stipulated
systems
2:13,21 3:4,13
21:15__________________
stipulation
t
6:6 straight
51:20
taffee 30:21,22
taken
streams
2:16
15:8 street
talk 28:16
5:13 strongly
26:14
talked 32:14 34:6 54:3 55:1 56:9
talking
studies 15:7 19:11,18
8:15 42:4 48:22 53:10 talks
studying 12:4
subject
38:13 tank
48:23 49:8
15:17 substance
technical 30:17
17:3 technology
substantial 15:20 54:13
sued 7:13
suit
8:18 21:20 28:21 telephone
43:13 tell
9:21 10:20 17:2,4 21:12
29:22
22:7 39:2 41:6,11 42:23
suite 5:7
sum 29:11
sundry
43:2,6 49:23 53:23 55:2 telling
34:2 ten
37:10,21,22
8:3,3 superintendent
50:22 51:1,5 supervision
39:13
tending 13:6
tennis 29:21
test
supervisor
35:23
39:1549:1350:12,17 51:20 52:9 53:5
51:12
testified 6:16
supervisors 51:2
supposed
testify 46:7,1955:11,15
testimony
51:21 52:4 sure
45:23 46:3,5,17 texas
16:3 28:5 35:2 37:18 38:10 5:8
40:3 44:13 52:21 53:1 55:9
Miller, Gerry (pltf) in OWENS
HARTOLDMONO017425
[thank - years]
thank
truck
w wright (cont.)
58:2
34:16
w.r.
30:11 40:11 48:12,15 49:1
thereto
trucks
14:3
53:7 56:15 57:4
3:12
34:15 48:23
waived
write
thing
true
3:15 37:3
13:14 30:1 40:1 51:13
49:13,14
walk
writes
things
truthful
8:10
37:1
28:13 31:3,17 34:17 38:2
15:10
waiter
written
41:3 46:10,21 50:9 55:1 truthfully
2:6
38:2
think
46:8 want
wrote
14:4,20 20:20 24:8 25:8 try
28:16 45:19 55:8,15
36:21____________________
28:22 30:15,22 31:14 32:5 31:1855:14
wanted
y
33:23 34:10 40:8,13,16 41:20 48:2 50:16,18 54:11 55:1 56:10,19 57:22 58:1 thought
trying 18:1523:1046:13
tucker 14:4
51:22 washing
49:4 waste
y'all 11:21 12:8 20:7 22:8 24:5,5 25:6 27:11 40:11 43:20,23 45:7,10
14:15 38:10,11 48:21
turner
24:3
yard
three
27:23 28:20
21:22 23:23 29:14 43:10 twice
water 19:17 24:3 35:5
30:6 53:14 yeah
time
6:22 10:21 34:11
week
3:10,11 6:23 7:2 12:10 13:1 type
30:12 45:16
13:13 15:19 20:2,5 23:21
22:16 41:4_______________ weeks
20:16 33:2 44:23 47:3 year
13:4 15:1949:1751:18
24:16 27:7 29:12,13,18 30:2 34:4 37:16,16 39:16 uh
u
43:12 welcome
52:6,12 yearly
41:1 43:21 47:18,18 50:1 51:18 52:11 53:4 55:16 times
9:13 22:6 37:12 46:15 56:2 58:3
underneath
went
38:2 11:8 19:11 25:6 28:23
50:10 years
7:14 27:4 29:15 43:10
42:22 43:1,3,7 tissue
understand
34:10,13 35:13
21:2 22:1 23:9 24:14 32:15 we've
56:16 57:6
14:19 15:5 16:7,17 17:12
41:20 48:17 49:11 55:23
7:1 34:5 54:3
17:18,22 18:16 19:3,11 today
42:20,22 55:17 told
45:13 54:22
understanding 32:9 45:13,22
underway 30:2 50:2
unintended
whatever's 23:8
when's 13:1 23:21
white
touch
49:22
2:185:11 6:8
56:13 trade
54:13 trained
29:1
united 2:1
unusual 47:12
use
william 5:10
witness 6:9 9:20 37:5 45:15,20 46:6
wondering
transition 26:20
transport 48:8,14
transported 48:9 49:6,8
11:21 12:1______________ v
various 8:2 12:4 37:15
vibrant
12:1623:10 work
11:8 14:8 15:6 23:1,16,19 23:22 24:2,11 30:15 47:7,8 47:11 50:15 54:14 57:5,8 worked
treatment 24:4
trench 41:18
trial
29:19 visit
43:15 visualize
41:9
52:1,3 worker
37:3 working
10:1 11:1351:23
3:10 45:15 46:6
vs
worth
tried
2:8 28:22
46:20
wright
4:3 5:4 6:17 7:6 14:14,21
Miller, Gerry (pltf) in OWENS
HARTOLDMONO017426