Document dYQXVnz6J9rg5yVXR4E72wjzR

1 STATE OF ALABAMA IN THE CIRCUIT COURT FOR ETOWAH COUNTY 2 (Transferred from Calhoun County, Alabama) 3 SABRINA ABERNATHY, etal., 4 Plaintiffs, 5 CIVIL ACTION NO. versus CV-2001-832 6 (Consolidated) MONSANTO COMPANY, et al., 7 Defendants. 8/ 9 DEPOSITION OF ALAN MCCARTY 10 11 The deposition of ALAN MCCARTY, was 12 taken before Deborah Salers Garrett, Certified 13 Shorthand Reporter, Registered Professional 14 Reporter, as Commissioner, commencing at 10:55 15 a.m. on December27, 2001, by the Plaintiffs, 16 at the law offices of Fite & Miller, Suite 17 400, SouthTrust Bank Building, Anniston, 18 Alabama, pursuant to the stipulations set 19 forth herein. 20 Regional Reporting Service, Inc. 21 755 Walnut Street Gadsden, Alabama 35901-0755 22 23 Page 1 Page 3 1 STIPULATIONS 2 IT IS STIPULATED AND AGREED by the 3 parties, through their respective counsel, 4 that the deposition of ALAN MCCARTY may be 5 taken before Deborah Salers Garrett, CSR, RPR, 6 as Commissioner and Notary Public, Alabama at 7 Large, at Anniston, Alabama, on December 27, 8 2001, at 10:55 a.m. 9 IT IS STIPULATED AND AGREED that the 10 signature to and reading of the deposition by 11 the witness is waived, the deposition to have 12 the same force and effect as if full 13 compliance were had with all laws and rules of 14 Court relating to the taking of depositions. 15 IT IS STIPULATED AND AGREED that it 16 shall not be necessary for any objections to 17 be made by counsel to any questions except as 18 to form or leading questions and that counsel 19 may make objections and assign grounds at the 20 time of trial or at the time said deposition 21 is offered in evidence or prior thereto. 22 IT IS STIPULATED AND AGREED that notice 23 of filing by the Commissioner is waived. 1 APPEARANCES 2 For the Plaintiffs: 3 HOWARD BRESSLER, Esq. HARRISON COLEMAN, Esq. 4 KASOWITZ, BENSON, TORRES & FRIEDMAN, LLP 1633 Broadway 5 New York, New York 10019 6 For the Defendants: 7 EDWARD M. NEWSOM, Esq. 8 LAWRENCE J. MYERS, Esq. SMITH, HELMS, MULLIS & MOORE 9 Suite 750, 1355 Peachtree Street, NE Atlanta, Georgia 30309 10 11 INDEX Page 12 Stipulations 3 13 Reporter's Certificate 114 14 15 EXAMINATIONS 16 Witness: ALAN MCCARTY Page 17 By Mr. Bressler 4 18 EXHIBITS 19 Plaintiffs' Marked Offered 20 One 6 21 Two 75 22 No other exhibits were marked for 23 identification, offered or attached as exhibits hereto. Page 2 Page 4 1 STATE OF ALABAMA, ANNISTON, DECEMBER 27, 2001 2 3 ALAN MCCARTY, 4 after having been first duly sworn, was 5 examined and testified as follows: 6 7 EXAMINATION 8 BY MR. BRESSLER 9 Q. Good morning, Mr. McCarty. My name is 10 Howard Bressler. I'm with Kasowitz, 11 Benson, Torres, and Friedman in New 12 York. We are attorneys forthe 13 plaintiffs in this case. First of all, 14 what's your first name? 15 A. Alan, A-l-a-n, G. McCarty. 16 Q. Mr. McCarty, have you ever been deposed 17 before? 18 A. One time, yes. 19 Q. What case? 20 A. A previous case involving this same 21 issue. 22 Q. Would that have been the Owens case? 23 MR. NEWSOM: Do you know if it was Pages 1 - 4 HARTOLDMONO017202 Page 5 Page 7 1 the Owens Adams case? 1 we have marked as Exhibit One to your 2 THE WITNESS: 1 don't know. 2 deposition and ask if you have ever seen 3 MR. NEWSOM: It was. 3 this document before. 4 Q. Let me just go through a few of the 4 A. No, 1 have not. 5 ground rules for depositions. You have 5 MR. BRESSLER: Before we continue, 6 done it before. It is easy to forget 6 1 assume we have the normal 7 some of this stuff. 1 forget them 7 stipulations, is that right, 8 myself sometimes. 8 all objections reserved 9 I'll be asking you a series of 9 except as to form? 10 questions. You are under oath, as this 10 MR. NEWSOM: Yes. 1 made that 11 young lady just swore you in, just as 11 assumption too. 12 you would be in a court of law. So 12 Q. By the way, Mr. McCarty, are you on any 13 obviously you are obligated to tell the 13 kind of medication today? 14 truth, and 1 have no doubt you will do 14 A. 1 take two medications, yes. 15 that. 15 Q. What do you take? 16 I'll ask that your answers be 16 A. 1 take Altace, A-l-t-a-c-e, and 1 take 17 spoken, be enunciated, because the court 17 Zocor. 18 reporter cannot record how you shake 18 Q. Zocol? 19 your head or if you say uh-huh or uh-uh. 19 A. Zocor, Z-o-c-o-r. 20 That is the kind of stuff that can 20 Q. What are those medications for? 21 become confused in the record. I'll 21 A. Altace is a heart medication, and Zocor 22 also ask that you wait until 1 finish 22 is a cholesterol medication. 23 asking a question and I'll wait for you 23 Q. How long have you been taking those Page 6 Page 8 1 to finish your answer. That way the 1 medications, sir? 2 court reporter doesn't have to record 2 A. 1 have been taking those medications 3 both of us speaking at the same time. 3 approximately two months. 4 If you don't understand a 4 Q. Do those medications have any side 5 question, just let me know. 1 will try 5 effects on you? 6 to rephrase it for you. If you answer a 6 A. No. 7 question, I'm going to assume you 7 Q. So none of that would interfere with 8 understood what 1 was asking. If you 8 your ability to testify today? 9 need to take a break at any time for any 9 A. No. 10 reason, just let me know. 10 Q. That's fine. Thank you. Going back to 11 1 never ask objectionable 11 the document we just marked, you 12 questions, but one of your attorneys 12 testified you hadn't seen it yet, right? 13 might object. And unless they instruct 13 A. No, 1 have not. 14 you not to answer, let them finish what 14 Q. Can you go to page four, please? There 15 they are going to do and then you can go 15 are -- Well, did you discuss this 16 ahead and answer. 16 deposition notice with anybody before 17 MR. BRESSLER: First of all, can 17 coming in? 18 we have this marked as an 18 A. Not this notice, no. 19 exhibit. 19 Q. Did anyone tell you -- ask that you 20 (Plaintiffs' Exhibit Number 20 bring any documents with you today? 21 One was marked for 21 A. No. 22 identification.) 22 Q. Take a look at the first -- where it 23 Q. Mr. McCarty, I'm going to show you what 23 says requested documents on the bottom Pages 5 - 8 HARTOLDMONO017203 1 2 3 4 5 6 7 8 9 10 11 12 13 14 A. 15 16 17 Q. 18 19 A. 20 21 22 23 Page 9 of page four. It says there in paragraph one all documents including but not limited to correspondence, notes, records and/or memoranda that refer or relate in any way to Monsanto generally and Monsanto's Anniston plant specifically and/or PCBs. Do you have any documents in your possession at home, Mr. McCarty, that are responsive to that request, any documents that relate or refer in any way to Monsanto generally or the Monsanto Anniston plant or PCBs? Yes. 1 have some documents at home that refer to Monsanto generally, not to PCBs. What about with regard to the Monsanto Anniston plant? Monsanto Anniston plant, yes. MR. BRESSLER: We are going to request that those documents be produced. They should have been produced today. 1 2 3 4 Q. 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 A. 22 Q. 23 A. Page 11 don't know. I'm guessing if you ask him you will find out they are not. Well, perhaps what we can do just to sort of speed up the process and not have to go through all the documents on the record, Mr. McCarty, if you would produce those documents to Mr. Newsom, then 1 guess we can have discussion as to what is there. That will save us some time. Just look at number two, all material safety data sheets and/or training materials given to you concerning the Anniston plant and/or PCBs and/or any PCB remediation work at the Anniston plant. Do you have any documents in your possession at home or elsewhere that are -- Do you know what a material safety data sheet is? Oh, yes. Do you have any of those in your home? 1 have some that -- Let me take that Page 10 Page 12 1 MR. NEWSOM: Well, 1 don't agree 1 back. 1 may have some. I'm not sure. 2 with that at all. If you 2 Q. That's fair enough. What about any 3 will look on the -- First of 3 training materials? 4 all, we have ample time to 4 A. Training materials, 1 have some. 5 object. If you will notice, 5 Q. Again, 1 would ask that you produce that 6 it was served in some fashion 6 to your -- Let me ask. Is Mr. Newsom 7 on the 22nd of December. So 7 your counsel? Have you retained him? 8 1 don't agree with that. 8 A. Yes. 9 That having been said, 9 Q. I'll ask that you produce those to your 10 we will certainly find out 10 counsel. 11 what he has. Or you may want 11 MR. NEWSOM: Let me just be 12 to ask him what he has. 1 12 accurate. You say you have 13 expect what he has relates to 13 retained him. Monsanto and 14 pensions and other 14 Solutia have retained us to 15 information that is totally 15 represent them, and he has 16 irrelevant to the litigation. 16 made the election to avail 17 We will certainly find out 17 himself to that. 18 what he has. You may want to 18 MR. BRESSLER: 1 kind of assumed 19 ask him at your pleasure. 19 that. That's fine. 20 But 1 don't agree 20 Q. Please look at number three, please, on 21 either that we have to 21 the next page, all medical reports that 22 produce anything or that he 22 relate to you concerning PCBs and/or 23 has anything relevant. 1 23 any PCB remediation work at the Pages 9-12 HARTOLDMONO017204 Page 13 Page 15 1 Anniston plant. Do you have any medical 1 Drive? 2 reports or records that relate to you 2 A. 1 lived at 911 Pecanwood Drive. 3 concerning PCBs or any PCB exposure or 3 Q. Pecanwood Drive? 4 remediation -- 4 A. Pecanwood Drive, yes. 5 A. No, 1 do not. 5 Q. Where is that in relation to the 6 Q. The last one, all documents that refer 6 Anniston plant? 7 or relate to results of all medical 7 A. It is about five miles east. 8 tests done on you which involve any PCB 8 Q. When did you live there, sir? 9 remediation work. I'm assuming based on 9 A. 1 lived there from 1974 until 1989. 10 your previous response -- Do you have 10 Q. And was there any other address at which 11 any documents that are responsive to 11 you lived in Anniston before the 12 that? 12 Pecanwood -- 13 A. No, 1 don't. 13 A. Yes. 1 lived at 724 Blue Ridge Drive. 14 Q. With regard to the documents that are 14 Q. Blue Ridge Lane? 15 responsive to the first one, again, if 15 A. Blue Ridge Drive. 16 you will make them available to your 16 Q. Where is that in relation to the plant? 17 counsel. 17 A. That is about three miles northeast. 18 MR. NEWSOM: He is going to make 18 Q. How long did you live on Blue Ridge 19 them available to me. We 19 Drive? 20 don't know yet whether they 20 A. 1 lived there from 1962 until 1974. 21 are responsive. 21 Q. Were you born in Anniston, sir? 22 MR. BRESSLER: 1 understand that. 22 A. No, 1 was not. 23 You and 1 can argue about 23 Q. Where were you born? 1 2 3 4 5 Q. 6 A. 7 8 Q. 9 10 A. 11 12 Q. 13 14 A. 15 Q. 16 17 A. 18 19 Q. 20 21 A. 22 Q. 23 Page 14 that later. 1 A. MR. NEWSOM: Hopefully we won't. 2 Q. But we will talk about it 3 A. later. 4 Q. Mr. McCarty, where do you live? 5 A. 1 live in Anniston, Alabama, at 708 6 Fairway Drive. 7 Q. How long have you been at that address, 8 A. sir? 9 Q. 1 have been at that address 10 A. approximately ten years. 11 And where is that in relation to 12 Monsanto's plant? 13 Q. It is about three miles east. 14 A. And where did you live before you lived 15 Q. on Fairway Drive? 16 1 was a resident of another state. 1 17 A. had lived in Texas and California. 18 Q. The address on Fairway Drive, is that 19 your first address in Anniston? 20 No. 21 A. What was your previous address in 22 Anniston before you lived at Fairway 23 Q. Page 16 1 was born in Dallas, Texas. When did you first come to Anniston? In 1961. And why did you come to Anniston? 1 was transferred by Monsanto from Luling, Louisiana. Are you married, sir? Yes, 1 am. How many years have you been married? I've been married approximately -- Let me think. Close to forty-seven years in June. Good for you. That's a long time. Nowadays that's a real credit. Do you have children, sir? 1 have five children. Good for you again. And how old are your children? What is the age range on them? They range in age from forty-five to thirty-seven. Men or women? Pages 13-16 HARTOLDMONO017205 1 A. 2 Q. 3 A. 4 Q. 5 A. 6 Q. 7 8 A. 9 Q. 10 A. 11 Q. 12 A. 13 Q. 14 A. 15 Q. 16 A. 17 Q. 18 A. 19 Q. 20 21 22 23 Q. Page 17 Three girls and two boys. 1 Do you have grandchildren? 2 1 have five grandchildren. 3 And what are their ages? 4 Their ages are from two to twenty. 5 Now, your children and grandchildren, do 6 they live in Anniston? 7 One child lives in Anniston. 8 Which child is that? 9 His name is Charles. He's thirty-seven. 10 That's your baby? 11 He is the baby. 12 Does he have children? 13 No. He is not married. 14 Now, how old are you, Mr. McCarty? 15 1 am sixty-nine. 16 And where were you born, sir? 17 Dallas, Texas. 18 Mr. McCarty, what is your understanding 19 A. as to what your role as a witness is in 20 this case? 21 MR. NEWSOM: Object to the form. 22 Q. You may answer. 23 Page 19 protective equipment to its employees in one location working with a product but does not give it to employees in another location working with the same product. What would you think about that company'; MR. NEWSOM: Object to the form of the question. One, he has not been designated as an expert witness to whom such a hypothetical would be put. Two, the question is vague and ambiguous, fails to include enough information for the witness to reasonably answer the question. Subject to that you may try to answer, Mr. McCarty, if you understand it. In general 1 would expect for the same product that the company would provide the proper equipment in all locations. Here is another hypothetical that your counsel is going to object to in a Page 18 Page 20 1 A. My understanding is that since 1 was 1 second. If a company produces a product 2 involved with the Anniston plant that 2 --1 withdraw that. 3 I'm to answer to the best of my 3 If a company hires a consultant, 4 knowledge any questions that might come 4 sir, and that consultant advises it to 5 my way that my counsel doesn't object 5 cease discharging a certain waste stream 6 to. 6 into the local environment because of 7 Q. But in terms of the questions, what is 7 potential dangers to the residents 8 your anticipation as to the subject on 8 around that location and instead of 9 which you would be asked to testify? 9 ceasing that operation, that company 10 MR. NEWSOM: Object to the form. 10 increases its production, what would you 11 Go ahead. You may go 11 say about that company? 12 ahead and answer. 12 MR. NEWSOM: Again, object to the 13 A. 1 would expect it would have to do with 13 form on the same grounds, and 14 products made at the Anniston plant, how 14 also it is vague and 15 they were made, what different 15 ambiguous by virtue of its 16 procedures were employed. That's about 16 failure to include enough 17 it. 17 information for the witness 18 Q. Mr. McCarty, 1 want to ask you a couple 18 to answer. 19 of hypothetical questions. Assuming 19 Subject to that you may 20 hypothetically, sir, that there is a 20 answer if you understand it. 21 company that produces certain product, 21 A. I'm not sure 1 understand it completely. 22 does it in several different locations, 22 Q. That's fine. Let me try to rephrase it. 23 and that company gives warnings and 23 Let's say hypothetically you have a Pages 17-20 HARTOLDMONO017206 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 A. 23 Page 21 company. They make a certain product, 1 and that produce creates a waste stream 2 and they discharge that waste stream in 3 a manner that allows it to escape into 4 the environment around their plant, 5 their location. And a consultant that 6 they hire advised them to cease 7 discharging into the environment because 8 there is a danger to the local 9 population, that it poses a risk to the 10 people who live in that area. But 11 instead of ceasing their production, 12 ceasing their discharge of waste, they 13 actually increase production. What 14 would you think about a company like 15 that? 16 Q. MR. NEWSOM: Same objection. Can 17 1 just have a continuing 18 objection? 19 And subject to that, 20 you may answer. 21 A. Well, let me answer it this way: First 22 of all an increase in production doesn't 23 Page 23 hopelessly vague. And in fairness, Howard, you have not told him in the question is this a release that is known about, not known about? There are so many variables. I'd add those objections to the form of the question. MR. BRESSLER: 1 think the question presupposed that the company was advised by a consultant to limit or reduce its waste stream because of toxicity. That would imply some knowledge on their part. I'm asking you, sir, what would be your opinion, your personal opinion, as to the propriety of that conduct, the ethicality of that conduct? MR. NEWSOM: Same objection. My personal opinion would be that the company should reduce the discharge of any toxic waste stream. 1 2 3 Q. 4 5 6 7 A. 8 9 10 11 12 13 Q. 14 A. 15 16 17 Q. 18 19 20 21 22 23 Page 22 necessarily coincide with an increase in 1 Q. waste discharge. 2 That's a good point, sir. Let's assume 3 in my hypothetical that their increase 4 in production does create an increase in 5 the waste discharge. 6 Hypothetically, then, if they have been 7 advised to cease or reduce their waste 8 discharge and if they were to increase 9 their waste discharge, 1 would say that 10 at least they weren't respecting the 11 opinion of the consultant. 12 That they were what? I'm sorry? 13 They were not paying attention to the 14 opinion of the consultant if they did 15 that. 16 Assuming that waste stream did in fact 17 pose a risk to the people around the 18 location and they increased that waste 19 stream, would you consider that to be 20 proper conduct? 21 Q. MR. NEWSOM: Same objection. Also 22 A. 1 think pose a risk is so 23 Page 24 1 have a couple of more hypotheticals, and then we will get to some stuff that is not so hypothetical. What is your opinion, sir, of a company that discharges substantial amounts of toxic waste in a manner that allows its release into a residential community? MR. NEWSOM: Same objection. It is hopelessly vague, not enough information to answer. And it is unclear whether your hypothetical is addressing this case or a hypothetical case. 1 guess by virtue of the fact it is hypothetical, it doesn't address this case. But it is unclear in the way you ask your question. Can you answer, sir? Well, again, a company that would deliberately discharge toxic waste into Pages 21 - 24 HARTOLDMONO017207 Page 25 Page 27 1 the local -- into the atmosphere or 1 school, and then 1 returned to the 2 whatever type of effluent would be 2 Luling plant approximately two years 3 acting irresponsibly. 3 later. 4 Q. Do you think a company that would do 4 Q. So you worked there from '55 to about 5 that ought to be punished for it? 5 '57, your first run? 6 MR. NEWSOM: Object to form. 6 A. Yes. 7 A. 1 think if they were out of compliance 7 Q. Then you say you went to school for two 8 with regulations or laws governing it, 8 years? 9 they should be subject to whatever the 9 A. 1 returned in the fall of '58. 10 courts might decide. 10 Q. And how long did you continue to work at 11 Q. Now, if that same company that 11 Luling after that? 12 discharges toxic waste in a manner that 12 A. 1 worked until the spring of '61. 13 allows it to be released into a 13 Q. And what were your responsibilities 14 residential community, if a company does 14 during your time at Luling? 15 that, do you think it ought to tell the 15 A. 1 was a staff engineer, maintenance 16 residents of that community that the 16 engineer, laboratory supervisor. 17 stuff is being released? 17 Q. 1 should have asked you this before. 18 MR. NEWSOM: Same objection. 18 But what is your educational background, 19 A. I'm having a little difficulty with the 19 sir? 20 idea of releasing now. I'm familiar 20 A. 1 have a degree in chemical engineering. 21 with accidental releases. 21 Q. And where is that degree from? 22 Q. Let me change the hypothetical and make 22 A. That is from Texas A&M University. 23 it easier for you. 23 Q. What year did you get that degree? Page 26 Page 28 1 MR. NEWSOM: Well, you can finish 1 A. In 1953. 2 your answer. 2 Q. Excuse me. So when you went back to 3 Q. That's fine. 3 school in 1957, what did you go back to 4 A. In that case it would be difficult to 4 school for? 5 tell somebody beforehand. But if there 5 A. 1 went back to attempt to go to work in 6 is a deliberate and continuing release 6 the masters courses in chemical 7 of dangerous materials, 1 think people 7 engineering. It just didn't work out 8 ought to know about it. 8 for me. 1 changed to business 9 Q. Now, Mr. McCarty, you worked for 9 administration. 10 Monsanto, right? 10 Q. So what degree do you have in chemical 11 A. Yes. 11 engineering? Is that a BS? 12 Q. When did you start working for Monsanto? 12 A. BS. 13 A. 1 started in 1955, September. 13 Q. And did you not get your masters then in 14 Q. And where were you working at that time? 14 chemical engineering? 15 A. Luling, Louisiana. 15 A. No. 16 Q. Where is that? 16 Q. Do you have any postgraduate degrees? 17 A. Luling, L-u-l-i-n-g. 17 A. No. 1 have another undergraduate degree 18 Q. You have to excuse me. I'm a 18 in economics, and that is from the 19 northeasterner. 1 don't know how to 19 University of Alabama in Birmingham. 20 spell these places. How long did you 20 Q. And when did you get that degree, sir? 21 work at Luling? 21 A. 1 got that in 1971. 22 A. 1 worked at Luling approximately a year 22 Q. When you were working at the Luling 23 and a half. At that point 1 returned to 23 facility, what does the Luling facility Pages 25 - 28 HARTOLDMONO017208 Page 29 Page 31 1 do? 1 Q. Did you get a new job title? 2 A. At that time they made agricultural 2 A. Yes, 1 did. 1 was -- it is hard to 3 chemicals, principally plant foods. 3 remember -- technical production 4 Q. What types of chemicals did they 4 supervisor. 5 produce? 5 Q. Now, what did that job entail, sir? 6 A. At that time they produced ammonia, 6 A. That job entailed assisting with 7 nitric acid, ammonium nitrate. 7 operations involving technical problems 8 Q. And these chemicals were being used to 8 that developed as a result of the 9 create plant food, you say? 9 operations and consisted of working on 10 A. Yes. 10 projects and procedures to improve 11 Q. Any other purposes? 11 efficiency. 12 A. The ammonium nitrate was used as an 12 Q. Now, in your role as the technical 13 ingredient in explosives for mining. 13 products supervisor, did you work at all 14 Q. You mentioned you were a staff engineer 14 with PCBs, sir? 15 there. 15 A. No, 1 did not. 16 A. Yes. 16 Q. Did you supervise others who were 17 Q. What did you do as a staff engineer, 17 working with PCBs? 18 sir? 18 A. No, 1 did not. 19 A. 1 was assigned different projects, 19 Q. Who were your supervisors, or who did 20 primarily in an office situation where 1 20 you report to? 21 worked on engineering problems 21 A. 1 reported to Arthur Leisy, L-e-i-s-y. 22 associated with the projects. 22 Q. I'm sorry. What was the spelling? 23 Q. When you say engineering problems, can 23 A. L-e-i-s-y. Page 30 Page 32 1 you tell me what you mean by that? 1 Q. What was his title? 2 A. Well, it could be investigation and 2 A. His title was superintendent. 3 analysis, design. 3 Q. He was the plant superintendent? 4 Q. Of plant operation? 4 A. He was one of two plant superintendents. 5 A. Plant operation, uh-huh (indicating 5 He was agricultural chemical 6 yes). 6 superintendent. 7 Q. Then you said you were a lab supervisor? 7 Q. How long were you the technical products 8 A. 1 was a lab supervisor. 1 supervised 8 supervisor? 9 one shift of laboratory technicians. 9 A. 1 was that for approximately two years. 10 Q. What was being done in that lab that you 10 Q. Then what happened? 11 were supervising? 11 A. 1 was transferred to the technical 12 A. It was a quality control laboratory. 12 services department. 13 Q. Was that quality control for the plant? 13 Q. Did your title change in that position? 14 A. For the plant. 14 A. Yes, to a senior engineer. 15 Q. Now, you said earlier you got 15 Q. I'm sorry? 16 transferred over to Anniston? 16 A. To senior engineer. 17 A. 1 was transferred to the Anniston plant 17 Q. And what was your role as senior 18 in 1961, in March. 18 engineer? 19 Q. How did that transfer come about? 19 A. The role was essentially the same, but 20 A. There was a job opening at the Anniston 20 it was more in an engineering office 21 plant which in this particular case 21 environment. It was not so much in the 22 would be a promotion for me, and 1 22 field. It had to do with engineering 23 accepted the offer to transfer. 23 studies, plant design. Pages 29 - 32 HARTOLDMONO017209 Page 33 Page 35 1 Q. Why don't you just run through, so 1 1 Q. You wore a lot of hats? 2 don't have to ask separately, what the 2 A. 1 wore a lot of hats, yeah. 3 various positions were you held in the 3 Q. Do you still do any work with Monsanto? 4 Anniston plant over the years and just 4 A. 1 did do work until 19 -- Well, until 5 give me a rough estimate as you recall 5 the year 2000. 1 haven't worked in over 6 of the years. 6 a year. 7 A. You need times? 7 Q. And what was your involvement with 8 Q. Yes. Or if you can't recall specific 8 Monsanto up until the year 2000? 9 dates, just give me estimates. 9 A. Contract engineer. 10 A. Okay. After that particular job 1 was 10 Q. Flow did that work? Was it on a 11 manufacturing supervisor. 11 consultant basis? Did they call you in 12 Q. Do you recall when you started as 12 for specific projects? 13 manufacturing supervisor? 13 A. No. 1 actually worked for a firm that 14 A. In January of 1964. 14 provides technical personnel for 15 Q. And after that? 15 Monsanto, for Solutia. 16 A. After that 1 was manufacturing 16 Q. Was this a Monsanto company, or you 17 representative for major projects. 17 worked for another company that -- 18 Q. And when did that begin? 18 A. 1 worked for another company that 19 A. That began in December of 1966, and tha t19 contracted people out. 20 lasted until about November of 1968. At 20 Q. And were you paid by that company or 21 that point 1 became engineering 21 paid by Monsanto? 22 supervisor. 22 A. 1 was paid by that company. 23 Q. And how long did you do that? 23 Q. And are you now fully retired, sir? 1 A. 2 3 4 Q. 5 A. 6 Q. 7 A. 8 Q. 9 A. 10 Q. 11 A. 12 13 Q. 14 A. 15 Q. 16 A. 17 18 Q. 19 A. 20 21 Q. 22 A. 23 Page 34 That lasted until January of 1972, and 1 A. at that point 1 became plant accountant 2 and purchasing supervisor. 3 Did you say plant accountant? 4 Q. Yes. 5 A. And purchasing supervisor? 6 Q. Right. 7 And that is January '72? 8 Yes, until March of'75. 9 A. And then, sir? 10 Q. Then 1 became manufacturing 11 representative again for major projects. 12 And how long were you in that position? 13 That lasted until March of 1978. 14 A. And then what? 15 Then 1 was production supervisor for 16 agricultural operations. 17 For how long? 18 That was until September of 1980. Then 19 Q. 1 became manufacturing specialist. 20 A. For how long? 21 Q. That lasted until September of 1986. At 22 A. that point 1 retired from Monsanto. 23 Page 36 1 still have --1 do some consulting -1 have this year -- for an agricultural chemical company located in Mexico. Mexico? Uh-huh (indicating yes). 1 just want to jump back, Mr. McCarty. You started in Anniston in 1961 and were there until '86. Right. From 1961, from the time you got there until say 1972, when you became the plant accountant, what products were manufactured at the Anniston plant? They manufactured of course the PCBs, and they manufactured chlorine. And they manufactured a family of agricultural pesticides called parathions, and they manufactured P2S5. I'm sorry. What is that? P2S5, phosphorus pentasulphide. That is phosphorus pentasulphide? That's an intermediate for the agricultural pesticides. And they Pages 33 - 36 HARTOLDMONO017210 Page 37 Page 39 1 manufactured para-nitrolphenol, a 1 was the manufacturing cost budget. 2 product also. They manufactured 2 Q. Do you have an accounting degree? 3 hydrogenated polyphenyl. There may have 5 3 A. 1 have an economics degree. 4 been some other minor products. Those 4 Q. Do you know who Elmer Wheeler was? 5 are the major. 5 A. I've heard the name, but 1 can't recall 6 Q. Those are the major ones? 6 who Elmer Wheeler might have been. 7 A. Yes. 7 Q. What about William Papageorge? 8 Q. Now, you testified that you became the 8 A. Yes. He was plant manager for a time at 9 manufacturing supervisor in 1964? 9 Anniston. 10 A. Of the agricultural chemicals. 10 Q. Did you have any kind of working 11 Q. And what did your responsibilities 11 relationship with Mr. Papageorge? 12 include as the manufacturing supervisor? 12 A. 1 was a couple of levels below 13 A. They involved supervision of personnel, 13 Mr. Papageorge. 1 didn't have direct 14 responsible for production schedules, 14 working relations with Mr. Papageorge. 15 quality, safety. 15 Q. Did you report to him at any time? 16 Q. I'm sorry. When you are talking about 16 A. No, 1 did not. 17 these things, you are talking about only 17 Q. Did you report to anybody in between you 18 for the employees who worked with the 18 and him? 19 agricultural products? 19 A. Yes. 1 reported to Mr. Leisy that 1 20 A. Yes. 20 referred to before, and 1 reported to 21 Q. And what did those agricultural products 21 Mr. Larkin. 22 include? 22 Q. Larkin? 23 A. The final products were ethyl parathion 23 A. Larkin, L-a-r-k-i-n. 1 2 Q. 3 4 A. 5 6 Q. 7 8 A. 9 10 11 12 13 14 Q. 15 16 17 A. 18 19 20 Q. 21 A. 22 Q. 23 A. Page 38 and methyl parathion. 1 Q. And then you went on to work as the 2 manufacturing rep for major projects? 3 A. Major projects, which did involve the 4 agricultural products. 5 Did it involve beyond the agricultural 6 Q. products? 7 No, it did not. Let me correct that. 8 A. It involved agricultural products and 9 Q. intermediates. Several of the list 1 10 A. gave you are intermediate products that 11 are made, and some may be sold but most 12 are used in finished goods. 13 Q. So those are kind of raw materials that 14 go into the agricultural products that 15 A. are sold? 16 They are call intermediates. Raw 17 materials go to intermediates, and 18 Q. intermediates go to products sold. 19 They are essentially ingredients, then? 20 Ingredients. 21 Okay. 22 Another responsibility 1 didn't mention 23 Page 40 And these people would have reported to Mr. Papageorge? Mr. Leisy would have. 1 think Mr. Larkin may have been transferred before Mr. Papageorge arrived. What about Emmet Kelly? Do you know who Emmet Kelly was? Emmet? Kelly. I've heard the name, again. Was he a physician or somebody in industrial medicine? 1 have seen him referred to as an M.D. I'm asking what your recollection is. 1 don't know that 1 have ever met him, but I'm familiar with the name as a physician. Now, during your tenure at the Anniston plant, sir, during the years that PCBs were being manufactured there, do you have any knowledge as to what percentage of the product being produced in Anniston was PCBs versus other product? Pages 37 - 40 HARTOLDMON0017211 1 2 3 4 5 6 7 Q. 8 9 10 A. 11 12 13 14 15 16 Q. 17 18 19 20 A. 21 Q. 22 23 A. Page 41 MR. NEWSOM: Let me just object. Are you talking about taking those years in the aggregate or any particular year? MR. BRESSLER: On average in the aggregate. You were there from '61 to the early '70s, right, when Monsanto ceased producing PCBs at some point? Yes, they did. They ceased in the early '70s. 1 would say during that time that the PCB operations were some slight percentage greater than the agricultural products. And this would be on an annual tonnage-wise. Were the PCBs and the agricultural products most of what was produced in Anniston during your tenure there, those two things together? Yes. What if anything do you know about PCBs, sir? 1 never worked directly with PCBs during 1 A. 2 Q. 3 A. 4 5 Q. 6 A. 7 8 9 Q. 10 11 12 13 14 15 A. 16 17 18 19 Q. 20 21 A. 22 Q. 23 Page 43 One superintendent was Robert Moody. Robert what? I'm sorry. Moody. Another superintendent was Hill Williams, Hill Williams, H-i-l-l. Hill, first name Hill? Yes, Williams. There might have been one or two others, but those are the two that were there most of the time. Now, during the time that you worked at the Anniston facility, did you have an opportunity to be exposed to PCBs? MR. NEWSOM: Object to the form. If you understand it, you may answer. 1 did not work directly with PCBs. 1 did not work in the PCB area. 1 would say 1 was not exposed to PCBs in that sense. In that sense meaning you didn't have direct bodily contact with them? No. Explain to me, sir, the manufacturing -1 call it divisions of the plants. You Page 42 Page 44 1 those years. 1 know what their raw 1 said there was an agricultural products 2 materials are. 1 know vaguely what the 2 and a separate area of PCBs. How was 3 processes are. But 1 never actually 3 the interior of the plant laid out? Did 4 worked in the PCB area. 4 you have separate areas for different 5 Q. When you say you know what the processes 5 production? 6 are, what do you mean by that? 6 A. Yes. 7 A. 1 know that it starts with the reforming 7 Q. How would they be separated? How would 8 of biphenyl and that there are some 8 the agricultural products be separated 9 separation type operations that occur 9 from the PCB area? 10 and purification of biphenyl. There 10 A. Physically separated by maybe a thousand 11 is -- then there is a chlorination that 11 feet. One area of the plant -- You have 12 follows that. 12 to understand there were two Monsanto 13 Q. Was there a separate person who was in 13 divisions operating in the plant. You 14 charge of the PCB manufacturing process? 14 may know this. There was an 15 A. Yes. 15 agricultural division and an organic 16 Q. Who was that during your tenure there? 16 division. The plant was managed by a 17 A. There were several different people over 17 person from the organic division. My 18 the years. 18 boss for many years, Mr. Leisy, was 19 MR. NEWSOM: Are you talking the 19 called actually a guest superintendent, 20 '61 to '72 time frame? 20 because the ag division was a guest 21 MR. BRESSLER: I'm saying during 21 operation in the organic division of the 22 the time PCBs were being 22 plant. That is how the separation 23 manufactured there. 23 occurred. 1 was in the agricultural Pages 41 - 44 HARTOLDMON0017212 Page 45 Page 47 1 division. The organic division was in 1 even non-smellable fumes -- 2 more of the southeast area of the plant, 2 is anything to prevent those 3 and the ag products were in more the 3 fumes from just circulating 4 northwest area of the plant. 4 around the factory. 5 Q. Were there -- You have to excuse me. 1 5 MR. NEWSOM: Object to the form 6 have never been inside the plant. Were 6 without laying a foundation 7 there physical barriers in one area or 7 that they did permeate around 8 the other or just a big room? 8 the factory. Smell or no 9 A. No, no fences separating the areas. It 9 smell seems irrelevant to 10 was just a physical separation. There 10 that. 11 was some distance. 11 You may answer if you 12 Q. Let me ask you this: If your folks were 12 understand it. 13 cooking up agricultural products in your 13 A. Let me say again, 1 never recall 14 area and some others folks were cooking 14 smelling any PCB odors or vapors. I'm 15 up PCBs in their area, could you smell 15 not familiar with exactly what fume 16 from one place to other one what was 16 collection type equipment existed in the 17 going on? Could you smell the vapor and 17 PCB area or what was done to alleviate 18 stuff in those areas? 18 any possible fumes. 19 MR. NEWSOM: Object to the form. 19 Q. Would you know anything about the 20 A. To my knowledge 1 never smelled any PCB 20 ventilation in the area where the PCBs 21 vapors. 1 don't think you can smell PCB 21 were produced? 22 vapors as such. The agricultural 22 A. No, 1 wouldn't. 23 products, due to their nature, had a few 23 Q. 1 think that you testified earlier -- Page 46 Page 48 1 more smelly chemicals, so you probably 1 and correct me if I'm wrong -- that you 2 smell more agricultural products than 2 had some responsibility for employee 3 PCBs. 3 safety. 4 Q. But even assuming argumentatively that 4 A. In the agricultural operations when 1 5 the vapors from fumes of PCBs was 5 was supervisor, that is one of the 6 something you could smell, was there 6 responsibilities of a supervisor. 7 anything to prevent those fumes from 7 Q. And what did those responsibilities 8 going throughout the plant? 8 include? 9 MR. NEWSOM: Let me object to the 9 A. They included making certain that 10 form. He has just testified 10 employees were trained in safety, that 11 he doesn't recall smelling, 11 they understood safe operations, that 12 so 1 don't see how he can 12 they did operate safely, that they did 13 answer that question. You 13 wear the proper protective equipment. 14 are asking him to assume 14 Q. What kinds of protective equipment were 15 something that he believes 15 the agricultural workers given? 16 not to be so, so it is not 16 MR. NEWSOM: Object to the form. 17 even hypothetical. 17 Can we establish a time? 18 MR. BRESSLER: No. What 1 asked 18 Q. You were in charge of safety during what 19 him was -- He said you 19 period? 20 couldn't smell them as far as 20 A. Safety was one of my responsibilities, 21 he knew. 1 said assuming you 21 and it was the times 1 was an active 22 cannot smell them -- okay -- 22 supervisor. It was 1964 through 1965 23 is there anything to prevent 23 and again 1978 through 1980. Pages 45 - 48 HARTOLDMON0017213 Page 49 Page 51 1 Q. And besides 1964 and '65 and '78 to '80, 1 A. 1 think that covers the basic safety 2 did you have any input or responsibility 2 equipment. 3 for safety while you were in your other 3 Q. What about goggles? 4 positions? 4 A. They were given goggles. They were not 5 A. 1 did in connection with being a 5 required to wear goggles except in 6 manufacturing representative. This is a 6 taking samples or if they had something 7 position that involves representing 7 that might have had to have been opened 8 manufacturing operations for major 8 up. 9 projects. And the responsibility was 9 Q. Now, these safety gear that you were 10 training the operators in the projects 10 just describing, did Monsanto have a set 11 and products, and safety was an aspect 11 policy as to the safety gear to be given 12 of that. 12 to all its employees, or was that just 13 Q. Now, specifically back in '64 and '65, 13 for the agricultural people? 14 were the agricultural workers given 14 A. No. The other areas of the plant did 15 protective equipment? 15 not use the same gear. So the list 1 16 A. Yes. 16 gave you was just for the agricultural 17 Q. What kind of protective equipment would 17 people. 18 they get? 18 Q. And what would determine what kind of 19 A. They were required to wear a hard hat, 19 safety equipment people got? 20 safety glasses, safety overshoes. They 20 A. Well, let me explain. Everyone in the 21 wore standard issue plant clothing, 21 plant was required to wear a hard hat. 22 which included long sleeves. They were 22 Everyone was required to wear safety 23 provided access to gas masks. 23 goggles. Everyone was required to wear 1 Q. 2 3 A. 4 5 Q. 6 7 8 9 A. 10 Q. 11 12 A. 13 14 15 16 17 Q. 18 19 20 A. 21 22 Q. 23 Page 50 When you say provided access, were they required to wear them? In those years they were not required to wear them. When you say gas masks, would that be like you might see in old war movies where somebody has a canister with a rubber mask? Yes. Under what circumstances would they be required to wear a gas mask? It would be an emergency situation. They were also supplied with a self-contained breathing apparatus, which would mean a tank of air on their back. Was that something that was given to them on a regular basis, or was that just available for use? It was available primarily for emergencies. Any other equipment they were given for safety? 1 2 3 4 5 6 7 8 Q. 9 A. 10 11 12 13 14 15 16 Q. 17 18 19 20 A. 21 22 23 Page 52 long sleeves or whatever protective covering of the skin. 1 know that every department was furnished with gas masks and with self-contained breathing apparatus. The unique item to the agricultural operations is probably the rubber overshoes. And why is that? Because the products, if they were to get out, say, on the floor or something like that, they could be absorbed in leather and could come in contact with a person's foot for instance. It was a protective measure, just a required item. What if any kinds of effects might the chemicals have had if they got on someone's skin or got into their shoes? MR. NEWSOM: Object to the form. This was a pesticide known as parathion. It was used -- It was a restricted use pesticide. For instance, it could only be used for agricultural purposes. It Pages 49 - 52 HARTOLDMON0017214 1 2 3 4 Q. 5 A. 6 7 8 9 10 11 Q. 12 A. 13 Q. 14 15 16 A. 17 18 19 20 21 22 23 Q. Page 53 was used primarily on crops like cotton, and it was toxic to warm-blooded mammals and so forth. Toxic in what way? Well, let me say that it is of the same family that the nerve gasses are members of. It is not near as toxic as they would be, but it is of the same family, have the same effect if sufficient exposure occurred. It would have neurotoxic effects? Yes. How would that manifest itself in someone? MR. NEWSOM: Object to the form. The symptoms? The symptoms would be lack of control of bodily functions. You would have no control over your movements, for instance. What would typically result in a fatality would be lack of being able to breathe, which never occurred in the plant. What did Monsanto tell the agricultural 1 2 3 A. 4 5 6 Q. 7 A. 8 9 10 Q. 11 A. 12 13 14 15 16 17 18 Q. 19 20 21 22 A. 23 Page 55 agricultural workers to see if there had been any effects of exposure? Oh, yes. I'm not familiar with any study, but 1 remember studies being done. How often would those studies be done? They were not done on any particular frequency. Excuse me. 1 think the effects of the exposure were well known. Were the employees given MSDSs? At that time there were not MSDSs. There was different safety documentation, and this was posted. It was in the operating instructions, and they were indoctrinated in everything that was available that would give them information regarding the pesticides. Now, back during that same period, were there published studies of the effects of these kinds of chemicals say on animals and humans? Oh, yes. There was quite a bit in the literature. Page 54 Page 56 1 employees about the chemicals with which 1 Q. Were the employees informed of the 2 they were working? 2 results of those studies? 3 MR. NEWSOM: When, the same time 3 A. 1 know they were aware of the effects, 4 frame? 4 but 1 don't know that they had 5 MR. BRESSLER: Same time frame. 5 information dealing with particular 6 A. This was part of the training. They 6 studies. 7 were indoctrinated strongly as to the 7 Q. What kind of ventilation did you have in 8 effects of the chemicals, how to avoid 8 the agricultural department area? 9 any exposure, what to do in case of 9 A. It was an open area. All the operations 10 exposure. They were periodically tested 10 were carried on outside. There was a 11 for an enzyme in the blood called 11 control room, and operators would spend 12 cholinesterase. 12 probably two-thirds of their time 13 Q. Why were they tested for that? 13 outside and make one-third of their time 14 A. A level was established on each 14 in the control room. It was essentially 15 individual, and as they were tested if 15 an open area. 16 this level were exceeded by some extent, 16 Q. Was the manufacturing process actually 17 they were carefully watched because it 17 conducted outdoors? 18 could indicate there had possibly been 18 A. Yes. 19 an exposure. There were other things 19 Q. Do you know if the PCB manufacturing 20 that could cause an elevated 20 process was conducted outdoors? 21 cholinesterase level, but exposure to 21 A. Some was indoors, and some of the 22 neurotoxic pesticides like that could. 22 operations were conducted outdoors. 23 Q. Did Monsanto ever run any studies on the 23 Q. And in the indoor areas of the Pages 53 - 56 HARTOLDMON0017215 Page 57 Page 59 1 agricultural unit, were there 1 carcinoma. 1 know that the effects on 2 ventilation systems there as well? 2 certain birds or bird life had to do 3 A. The indoor area consisted of control 3 with a decrease in the strength of 4 room and --As 1 remember, the control 4 eggshells. 1 think that's essentially 5 room had forced air heating and air 5 all the effects I'm aware of. 6 conditioning. 6 Q. You just mentioned one about eggshell 7 Q. How about any exhaust fans? 7 strength. Do you have any recollection 8 A. Not per se in the control room. The 8 of where you would have heard that? 9 control room was essentially -- except 9 A. That came out quite early in the '60s, 10 for people going in and out of doors, it 10 and it had to do -- because the 11 was essentially operated on a little 11 compounds were similar in some respects 12 higher pressure than the surrounding 12 to DDT, which was known to have this 13 area to keep anything from coming in the 13 characteristic. 14 control room. But there were no things 14 Q. And do you recall how you found that out 15 like air locks or anything like that. 15 about the eggshell? 16 Q. Mr. McCarty, do you know anything about 16 A. It was in the press. It was widely 17 the potential health effects of PCB 17 reported. It was in Rachel Carlson's 18 exposure? 18 book, and 1 think hers pertained 19 MR. NEWSOM: Object to the form. 19 primarily to DDT, but there were certain 20 Are we talking now or -- 20 similarities in the compounds. 21 MR. BRESSLER: The first question 21 Q. Are you aware of any epidemiological 22 is does he know anything 22 studies showing association between PCBs 23 right now. 23 and cancer? 1 2 A. 3 4 5 6 7 Q. 8 9 10 11 12 13 14 15 16 A. 17 18 19 20 21 22 23 Page 58 MR. NEWSOM: Now, in the present. 1 I'd say what 1 know is what 1 have 2 A. essentially read in MSDS sheets and 3 Q. maybe published reports, maybe 4 newspapers. That would be the limit of 5 A. my knowledge. 6 What is that knowledge, though? What is 7 Q. your understanding of the potential 8 health effects of PCBs? 9 MR. NEWSOM: Let me just object 10 without some information as 11 to the level of exposure, 12 A. dose, et cetera. But it is a 13 general proposition. 1 guess 14 Q. he is asking you generally. 15 Potential health effects, again, has to 16 do with the degree of exposure. 1 know 17 that gross contamination on the skin can 18 cause a condition called chloracne. 1 19 A. know that there were animal studies 20 Q. performed where possibly with the 21 dosages used in the study there might 22 have been evidence of some type of 23 Page 60 MR. NEWSOM: Object to the form. I've never read such a study. Are you aware of whether any such studies exist? I'm sure the studies exist, but I'm not aware of it, no. Has anyone ever told you that epidemiological studies on PCBs have demonstrated cancer? MR. NEWSOM: Object to the form, vague, ambiguous. 1 don't know that 1 have ever been told that directly, no. Now, Mr. McCarty, you testified earlier that with regard to the agricultural division employees, that it was your practice to keep them informed as to the relevant health risks. Yes. And is it your opinion in general that that is an appropriate course of conduct, to keep the employees fully informed as to health risks? Pages 57 - 60 HARTOLDMON0017216 Page 61 Page 63 1 A. Absolutely. 1 employees' foods being contaminated by 2 MR. BRESSLER: Off the record. 2 the chemicals they were working with? 3 (Discussion held off record.) 3 A. 1 never heard that directly. It was 4 Q. Mr. McCarty, 1 want to ask you a hygiene 4 just not allowed. I'm sure that could 5 question, not a personal hygiene 5 have been a concern. 6 question, an industrial hygiene 6 By the way, in terms of personal 7 question. During the period that you 7 protection equipment, 1 did forget to 8 worked in Anniston, was eating allowed 8 tell you that employees, at least in the 9 in the production areas? 9 agricultural area, did wear rubber 10 A. In the production area that 1 was 10 gloves in the field operations. 11 associated with, we did have a 11 Q. Sir, forgive me. Where did you say you 12 lunchroom. 12 are living now? 13 Q. So there was a separate room in the 13 A. 1 live at -- 14 agricultural product division? 14 Q. Fairway? 15 A. Yes. 15 A. 708 Fairway Drive in Anniston. 16 Q. Was that in place when you arrived in 16 Q. We were talking a little bit before 17 Anniston? 17 about what you know or have heard about 18 A. Yes, uh-huh. It was modified and 18 the potential effects of PCB exposure. 19 located in a -- It was associated --1 19 Are you aware of a fish advisory in 20 think next door to the control room or 20 place in Calhoun County with regard -- 21 located in one isolated area in the 21 A. Yes. 22 control room. It was a separate eating 22 Q. - to PCBs? 23 area. 23 A. Yes. 1 Q. 2 3 A. 4 5 Q. 6 7 A. 8 9 Q. 10 A. 11 12 Q. 13 14 15 A. 16 17 18 19 20 21 22 Q. 23 Page 62 Was it a closed room or just a separate area? Initially it was a separate area. It became a closed room. But were employees allowed to eat in the production area itself? No. Or not in the actual control area of the control room. Why was that? Just as a matter of hygiene, didn't mix your eating with the operations. When you say as a matter of hygiene, why would you not want to mix your eating with the operations? Well, there were various chemicals that were used, and it wouldn't be the normal thing to have any kind of direct exposure to the chemicals. It was just never allowed. You just do not eat in the control room rather than the field area. But I'm asking you did Monsanto not allow that because it had concerns about 1 Q. 2 3 4 5 6 7 8 9 A. 10 11 Q. 12 A. 13 14 Q. 15 A. 16 17 18 19 Q. 20 21 22 A. 23 Page 64 You are doing a real good job, by the way, of letting me finish, but try to make sure 1 finish my question. You are doing a good job so far, better than many witnesses that I've had in depositions. Do you recall when that fish advisory went into effect? Not the exact year. No, 1 do not recall exactly when. Do you eat any locally caught fish? No, 1 don't. I'm not a fisherman, and 1 don't eat much fish. Do you sometimes eat fish? Oh, yes. MR. NEWSOM: Straight from Winn Dixie? THE WITNESS: Top o' the River. On those occasions when you go eat fish, would you eat fish that were caught locally here in Anniston? 1 would tend not to eat fish that were caught where an advisory existed and Pages 61 - 64 HARTOLDMON0017217 Page 65 Page 67 1 advise you not the eat the fish. 1 streams, consisted of neutralization, 2 Q. Why would you not eat the fish if there 2 and it consisted of aerobic destruction 3 is an advisory? 3 of the waste products. 4 A. 1 would treat that as any other health 4 Q. Did you say aerobic or anaerobic? 5 advisory, just wouldn't participate. 5 A. Aerobic. 6 Q. Why do you think there is a fish 6 Q. Was waste from the agricultural products 7 advisory in place in Calhoun County? 7 division ever discharged off the plant 8 MR. NEWSOM: Object to the form 8 property? 9 unless there is some 9 MR. NEWSOM: Let me just object to 10 foundation established that 10 the form. It is vague as to 11 he knows why somebody else 11 drummed and taken elsewhere 12 established an advisory. He 12 or left -- Object to the form 13 may know. There has been no 13 as vague and ambiguous as 14 foundation made. 14 asked. 15 A. What 1 know is principally what 1 have 15 Q. Let me rephrase the question. Was waste 16 read, that there were found to be 16 from the agricultural product disposed 17 elevated levels of PCBs in some fish in 17 of in any form off the plant property? 18 Choccolocco Creek and in the Coosa 18 A. Some waste was collected and sent to the 19 River. 19 plant landfill, which 1 understand was 20 Q. Now, you've lived in Anniston for a 20 plant property. Other liquid waste -- 21 while. In your experience -- Well, let 21 Let me back up. Primarily any solid 22 me ask you this: Do you know people in 22 waste material went to the landfill. My 23 Anniston who back when you arrived in 23 understanding is all liquid waste went Page 66 Page 68 1 Anniston fished and ate fish they caught 1 to the treatment plant. 2 in Choccolocco Creek and those areas? 2 Q. What would happen to that liquid waste 3 A. 1 know people who ate fish they caught 3 after it had been treated? 4 in the Coosa River. 4 A. After it had been treated in the 5 Q. Let's go back to the plant for a minute. 5 Anniston waste treatment plant, it 6 Are you familiar with the waste 6 entered the City of Anniston waste 7 disposing practices that Monsanto 7 system and was sent to the City of 8 employed during your tenure there? 8 Anniston waste treatment facility and 9 A. I'm familiar with the waste disposing 9 went through their operation. 10 practices that existed in the 10 Q. You mentioned that solid waste was 11 agricultural area. 11 landfilled. How would that solid waste 12 Q. How would waste products in the 12 be landfilled? Was it collected in 13 agricultural area be disposed of? 13 something? 14 A. The agricultural products area had its 14 A. Collected in containers of some sort and 15 own waste treatment facility. There was 15 taken to the plant landfill. 16 primarily a tertiary treatment. 16 Q. What kind of containers was it collected 17 Q. I'm sorry. What? 17 in? 18 A. Tertiary, similar to a municipal waste 18 A. Either fiber drums or metal drums. 19 treatment operation. 19 Q. Did you say fiber drums? 20 Q. What did that treatment entail? 20 A. Fiber drums. 21 A. The treatment entailed collection of -- 21 Q. What is a fiber drum? 22 This happened to be liquid waste. It 22 A. Just a large container that is made out 23 was collection of all liquid waste 23 of a heavy cardboard-type material. Pages 65 - 68 HARTOLDMON0017218 Page 69 Page 71 1 Q. Does that type of material decompose in 1 you would any health advisory. But what 2 the environment, sir? 2 does the fact there is a health advisory 3 A. 1 think it would. It might take some 3 warning people not to eat certain kinds 4 time, but I'm sure it would. 4 of fish -- what does that tell you about 5 Q. And how was -- How were these containers 5 the potentials involved in eating those 6 actually taken out to the landfill? Let 6 fish? 7 me -- Which landfill are you talking 7 MR. NEWSOM: Object to the form. 8 about? 8 What is its meaning to him, 9 A. I'm talking about a landfill that 9 or what is the meaning to be 10 existed south of the plant, across what 10 conveyed by it? 11 is now Highway 202. 11 MR. BRESSLER: What it means to 12 MR. NEWSOM: West was closed in 12 him. 13 '59. 13 A. The meaning to me would be there is 14 A. To my knowledge, we never sent anything 14 possibly some danger to the health. 1 15 to the west landfill. 15 would not eat fish where there was a 16 Q. I'm sorry. How would it actually be 16 mercury advisory, for instance. 17 transported out there? 17 Q. So does the fact that ADEM issued that 18 A. It would be transported by truck. 18 health advisory indicate to you that 19 Q. And then these containers were brought 19 ADEM considers the consumption offish 20 out there by truck, how were they 20 contaminated by PCBs to be potentially 21 actually placed in the landfill? 21 dangerous to human health? 22 A. That I'm not sure because that was a 22 MR. NEWSOM: Object to the form. 23 different department that was in charge 23 You are asking for 1 2 Q. 3 4 5 6 7 A. 8 Q. 9 10 11 12 13 A. 14 Q. 15 16 A. 17 Q. 18 A. 19 Q. 20 21 A. 22 23 Q. Page 70 of the landfill. So you don't have any knowledge of whether or not employees would pick up the drums and put them in the landfill rather than the truck would just dump them out there? No, 1 don't. I'm a little bit all over the place today, but let's go back for a second. We were talking about the fish advisory and that you would not eat fish from an area that was subject to the advisory. Any kind of advisory. Would you let your children eat those fish? No, 1 would not. Do you have grandchildren, sir? Yes. Would you let the grandchildren eat those fish? No, not while the advisory was in effect. Again, you said you would treat it as 1 2 3 4 5 6 A. 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 Page 72 speculation as to what somebody else thought, or either you are asking him -You are asking for speculation as phrased. Again, 1 don't know the background of the levels that were established, but I'm certain that certain levels, for instance, of PCBs would not be considered harmful, but above certain levels it would be. Whether it is harmful or not or how they establish that fact, 1 don't know any of that background. But just as a matter of course, to answer your first question about this, 1 would not partake in eating of anything where, you know -whether 1 believed it or not, so to speak, where there was some kind of advisory in effect. There are plenty of other things you can eat that do not have an advisory. 1 know also primarily just from reading that the levels in the Pages 69 - 72 HARTOLDMON0017219 1 2 3 4 Q. 5 A. 6 Q. 7 8 9 10 11 12 13 14 15 16 A. 17 18 19 Q. 20 21 22 23 Page 73 environment and in the fish and so forth 1 are declining and eventually the 2 advisory will probably be removed. 3 But currently it is still in effect? 4 As far as 1 know. 5 Q. And knowing what you know about the 6 PCBs, from wherever you learned it from 7 -- We discussed a little about what you 8 know of the potential health effects of 9 PCBs. Would you eat meat that was 10 contaminated by PCBs? 11 A. MR. NEWSOM: Object to the form. 12 Contaminated to what degree? 13 Object to the form, ambiguous 14 as phrased. 15 I'll say again, if there was some 16 advisory not to eat it, 1 wouldn't eat 17 A. it. 18 Q. Let's say it this way. Let's say for 19 the sake of argument that the Food and 20 Drug Administration sets maximum levels 21 of what they consider to be allowed in 22 any certain food product. Would you eat 23 Page 75 (Discussion held off record.) (Plaintiffs' Exhibit Number Two was marked for identification.) Mr. McCarty, 1 ask you to take a look at the document that has been marked as Number Two to your deposition and ask if you have ever seen that document before. MR. NEWSOM: Take your time and look through it. No, 1 have not seen it. MR. NEWSOM: He may certainly wan to read it all if you want to ask him questions, but 1 think your question was has he seen it. No, not this particular document. Mr. McCarty, 1 have handed you Plaintiff's Exhibit Two to your deposition, which is labeled on the front page "Aroclors, Toxicity." 1 would ask you to flip to what is the third page of this stapled document. It Page 74 Page 76 1 food that was contaminated with PCBs in 1 is actually 1 believe page four of the 2 excess of those established governmental 2 -- the number is hard to read in the top 3 guidelines? 3 right, but the previous page is three, 4 A. No, not if 1 knew it. 4 and the next one is five. Linder the 5 Q. I'm sorry? 5 heading that says health and safety. 6 A. No, not if 1 was aware of it. 6 A. Uh-huh (indicating yes). 7 Q. And would you consider it important to 7 Q. Have you read that section? 8 be aware of that? 8 A. Yes. 9 A. Yes. 9 Q. This document indicates in that first 10 Q. So if a food source was contaminated, 10 paragraph under health and safety that 11 that is something you would want to 11 at Anniston no special protective 12 know? 12 clothing is provided for the diphenyl 13 A. Yes. 13 and Aroclor operators. A daily change 14 MR. NEWSOM: Object to the form. 14 of clothing was provided in the past, 15 Contaminated as you earlier 15 but this practice had ceased before the 16 described it, above a 16 war. Gauntlet leather gloves and face 17 governmental level? 17 shields are of course available as 18 MR. BRESSLER: Yes. 1 would limit 18 required on the plant. 19 the question to that. 19 You testified earlier with regard 20 MR. NEWSOM: Okay. 20 to the protective equipment that was 21 MR. BRESSLER: Thank you. Let's 21 provided to the agricultural workers. 22 go off the record for a 22 A. Yes. 23 minute. 23 Q. And 1 believe you testified -- and Pages 73 - 76 HARTOLDMONO017220 Page 77 Page 79 1 please correct me if I'm wrong -- that 1 clothing was provided. 2 there was certain safety equipment that 2 Q. I'd like you to skip down after that 3 you believed was provided regardless of 3 first paragraph. Skip down two more 4 the department in which people worked. 4 paragraphs to the paragraph that begins 5 A. Uh-huh (indicating yes). 5 "At St. Louis, Plant B, the Aroclors 6 Q. Does this paragraph, at least as of the 6 building is rated a toxic department. 7 time this document was written, affect 7 Each operator is provided a complete set 8 your opinion that Monsanto provided 8 of clothing, comprising hat, coat, 9 certain types of safety equipment 9 trousers, combination underclothes, 10 regardless of the production areas in 10 socks, and rubber shoes. A clean change 11 which people worked? 11 of clothing, except shoes, is placed in 12 MR. NEWSOM: Object to the form. 12 the operator's locker in time for the 13 Obviously the document is 13 following shift. Men working extra 14 dated 1951, ten years before 14 shifts are given a clean set of 15 he got there. And your 15 clothing. Canvas gloves and goggles are 16 questions were clearly about 16 provided and ply hand barrier cream is 17 the '61 to '72 time period. 17 available for use when necessary." 18 Unless he has some knowledge 18 Then the next paragraph, "Twenty 19 of prior practice -- 19 minutes' paid time is allotted for 20 Q. I'll withdraw the question and ask this 20 bathing at the end of the shift, but, 21 question. Does this indicate to you 21 again, no record is kept that baths are 22 that Monsanto's practice in terms of 22 actually taken. Theoretically, food is 23 providing safety equipment to its 23 not allowed to be eaten within the Page 78 Page 80 1 workers might not have been true before 1 Aroclors building. Instructions are 2 you arrived at the plant? 2 issued that hands and face should be 3 MR. NEWSOM: Object to the form. 3 washed well before eating." 4 The document speaks for 4 "Employees in toxic departments 5 itself. 5 are given an annual medical examination 6 Q. You can answer. 6 and a lung x-ray every three years." 7 MR. NEWSOM: If you know. He is 7 Did 1 read that correctly, sir? 8 not asking you what the 8 A. Yes. 9 document says. He is asking 9 Q. You testified earlier that you would 10 you what you know. 10 expect a company to treat employees 11 A. Again, 1 can't speak for anything before 11 working with the same product but in 12 the time 1 arrived at the plant. At 12 different locations in the same manner. 13 that time to my knowledge protection -- 13 Do you recall that testimony? 14 not necessarily protective clothing, but 14 A. Yes. 15 a work uniform was provided to everyone 15 MR. NEWSOM: 1 object. The 16 in the plant. 16 testimony speaks for itself. 17 Q. At that time when are you talking about? 17 Q. Included in that equal treatment, in 18 A. '61. 18 your opinion should an employer provide 19 Q. When you started at the plant? 19 the same kind of safety equipment for 20 A. Yes. 1 don't know of any operation that 20 workers working in one plant with a 21 would not have -- Laundry was provided. 21 chemical as it does for workers working 22 And 1 guess no one really checked to see 22 in another plant with that chemical? 23 if everyone changed every day, but 23 MR. NEWSOM: Again, object to the Pages 77 - 80 HARTOLDMONO017221 1 2 3 4 5 6 7 8 9 10 11 12 13 A. 14 15 16 Q. 17 18 A. 19 20 Q. 21 22 23 Page 81 form of the question on two bases. One, you are asking him about ten years before his employment. Two, there is absolutely nothing from the document other than what it says that establishes like practices or what practices are referred to. Subject to that, you may answer if you have a basis to. My earlier answer stands. 1 would expect for the same product for a company to provide the same equipment. And, Mr. McCarty, you were in charge of safety in a different area for a while? Safety was a part of my responsibilities. 1 understand. Do you think based on your own experience in dealing with certain safety issues that it is appropriate for a company to provide 1 2 3 4 5 6 7 8 9 Q. 10 11 12 13 14 15 16 17 18 19 20 21 A. 22 23 Page 83 until you lay a foundation that he knows the practices at Krummrich versus the practices in Anniston ten years before he arrived. MR. BRESSLER: I'm limiting my question to what is reflected in this document. So based on what is written in this document, if in fact Monsanto provided protective equipment or special protective equipment to its Krummrich PCB employees that it did not provide to its Anniston PCB employees, would you consider that to be improper? MR. NEWSOM: Objection. That mischaracterizes what the memo says. MR. BRESSLER: I'm just asking what he thinks. First of all, 1 don't know why the difference between the plants. 1 notice that face shields and gauntlets are 1 2 3 4 5 A. 6 7 8 9 Q. 10 11 12 13 14 15 16 17 18 19 20 21 22 23 Page 82 protective equipment in one place and 1 not give it to its employers working 2 Q. with the same chemical in another place? 3 A. MR. NEWSOM: Object to the form. 4 My personal opinion, it would be 5 Q. appropriate to provide it to all 6 locations working with the similar 7 chemical. 8 A. By virtue of that answer, sir, then, 9 assuming that Monsanto provided 10 protective equipment to its PCBs 11 employees at the Krummrich plant and did 12 not provide it to its PCBs employees at 13 Q. the Anniston plant, would you consider 14 that to be irresponsible? 15 MR. NEWSOM: Object to the form. 16 Now your question does not 17 A. meet even the exhibit that 18 references no special 19 Q. protective clothing. It 20 doesn't say no protective 21 clothing. So 1 object again, 22 comparing apples and oranges, 23 A. Page 84 provided for Anniston. 1 believe it says they are available. Are available. It would be available in the control room. Just available, by the way, doesn't mean that the employees are actually required to use them, right? You would never be required ordinarily to use a face shield in all circumstances. You might be required to us it when taking samples or opening a valve or something like that. So just the fact that a safety equipment or safety clothing is available doesn't necessarily mean it is mandated to be used? It would be mandated for certain uses, yes. Let's get back to the question 1 was asking. If -- Well, can you answer the question 1 was asking, or do you need it repeated? Repeat it for me. Pages 81 - 84 HARTOLDMONO017222 Page 85 Page 87 1 Q. Let's see if 1 can do that. If in fact 1 plant, 1 did not work in it. It could 2 Monsanto provided protective equipment 2 be possible that different plants would 3 or special protective equipment to its 3 have different requirements. 1 don't 4 Krummrich PCB workers but did not 4 see that much difference in the 5 provide the same protective equipment to 5 requirements here. 1 know that at least 6 its Anniston PCB workers, would you 6 when 1 got there, clothing was provided, 7 consider that to be improper? 7 and shower facilities were provided. 8 MR. NEWSOM: Again, object to the 8 Q. You say it was provided. Are you 9 form without some foundation 9 talking about in the agricultural 10 laid as to the practices at 10 division? 11 each of the plants, asking a 11 A. No. I'm talking about plant-wide. At 12 witness ten years before he 12 the time 1 got there everybody wore the 13 arrived at this plant. I'd 13 same clothing. 1 don't know what 14 expect - 14 happened before that. 15 MR. BRESSLER: You objected to the 15 Q. I'm asking -- 16 form. And I'm just going to 16 A. Except for the rubber overshoes and 17 object to the speaking 17 possibly the rubber gloves -- those were 18 objections. If you want to 18 the only items for parathion or 19 object to the form, that is 19 agricultural operations that did not 20 fine. If you want to object 20 pertain to the PCB operations. Again, 21 in a way that is either going 21 it could be possible that different 22 to suggest an answer or be a 22 plants would have different 23 speaking objection, I'd ask 23 requirements. This would not be 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 Q. 18 19 A. 20 21 22 23 Page 86 you not to do it. 1 MR. NEWSOM: Well, as 1 said 2 Q. earlier, 1 think 1 have to 3 give some basis, or 1 think 1 4 waive it. 5 MR. BRESSLER: If you object to 6 the form 1 don't think it is 7 waived. And if the witness 8 doesn't indicate he is having 9 A. a problem understanding it or 10 if he doesn't tell me it is 11 vague, I'm assuming he 12 Q. understands it and he can 13 answer. 14 MR. NEWSOM: 1 will still object 15 that it is vague. 16 Mr. McCarty, you can answer the 17 question. 18 Let me back up and say in different 19 plants --1 have never been in the PCB 20 department in the Krummrich plant, then 21 or later. Other than to possibly walk 22 through the PCB department at Anniston 23 Page 88 unusual. Well, you testified earlier that you would expect that different plants in which people worked with the kinds of chemicals, that those employees would in fact be given the same kind of protective equipment. Do you recall that testimony? 1 would expect that, yes. But 1 don't see that much difference in the equipment provided here. Let's just take a look at what the document says. The first paragraph under health and safety says, "At Anniston no special protective is provided for the diphenyl and Aroclors operators. A daily change of clothing was provided in the past but this practice ceased before the war. Gauntlet leather gloves and face shields are available." You testified earlier that available doesn't mean they have to use Pages 85 - 88 HARTOLDMONO017223 1 2 3 4 5 6 7 8 9 10 11 12 A. 13 14 Q. 15 A. 16 Q. 17 18 19 20 A. 21 Q. 22 23 Page 89 them, correct? MR. NEWSOM: 1 object. Are you asking what he believes available means or what the author means by that? MR. BRESSLER: No. That 1 asked him earlier, and 1 think he testified that he understands that just because they are available doesn't mean they would be worn. At certain times they are mandated to be worn for certain operations. It would depend on the process? Yes. This first paragraph clearly says at Anniston no special protective clothing is provided for the Aroclor operators. Is that correct? Does it say that? It says that. Then three paragraphs down, Mr. McCarty, it went through a list of things that were provided to the St. Louis Aroclor 1 2 3 Q. 4 5 6 A. 7 8 9 10 11 12 13 Q. 14 15 16 17 18 19 20 A. 21 Q. 22 23 A. Page 91 thought he was still answering. That's fine. 1 don't mean the cut you off. Are you finished with your answer, sir? Yes. I'm going to say again 1 don't see a great deal of difference by what would be worn by operators in Anniston compared to what was provided here. 1 know no one would show up, for instance, in a tee shirt or something like that to do operating work in the department. Let me ask you this: You said you wouldn't expect the clothing to be different. But you testified earlier that you don't know what went on in this plant in terms of clothing or safety devices provided before you got there. Is that correct? Yes. So you are just making an assumption as to what people might wear or not wear? 1 understand here it says face shields Page 90 Page 92 1 operators; isn't that correct? 1 and gauntlet gloves were provided. I'm 2 MR. NEWSOM: Well, the document 2 sure were worn. But 1 think in essence 3 speaks for itself. 3 except for the rubber shoes that the 4 MR. BRESSLER: Wait just a second. 4 personnel operating in Anniston would 5 The documents says what it 5 have essentially the same type of 6 says. Mr. McCarty said he 6 protective equipment as persons anywhere 7 didn't see any difference in 7 else. 8 what its says in Anniston 8 Again, 1 know a difference between 9 versus Krummrich. 9 plants, but 1 would expect at least in 10 MR. NEWSOM: 1 think he said a 10 more modern times, at least in the time 11 significant difference. 11 1 got there, 1 think the -- Again, 1 12 Q. Mr. McCarty, you can go ahead. 12 don't know this. But 1 have an idea 13 A. 1 would say the type of clothing 13 what was provided was common to both 14 provided at the St. Louis plant would be 14 plants. 15 essentially similar to the type of 15 Q. But as of before you got there, you 16 clothing that was worn by the people at 16 don't know if what was provided was the 17 Anniston. And this would be work 17 same in both plants? 18 clothing and would involve completely 18 A. No. Just going by what the document 19 covering the body, including the arms. 19 says, but -- This is my own personal 20 Q. You testified earlier you -- 20 opinion. But 1 believe the protection 21 MR. NEWSOM: Wait, wait, wait. 21 was essentially the same. Now, whether 22 Were you finished? 1 don't 22 they were provided work clothes or not, 23 mean to interrupt you, but 1 23 you know -- The only way 1 would have to Pages 89 - 92 HARTOLDMONO017224 Page 93 Page 95 1 know would be 1 have seen photographs ol 1 given paid time to shower. 2 operations back in those days, and 2 MR. NEWSOM: The document speaks 3 people wore overalls and long sleeve 3 for itself. There is no 4 work shirts and cotton caps. Now, what 4 indication they were or were 5 kind of cap was provided at the St. 5 not. Again, the problem 6 Louis plant B, 1 don't know. It just 6 here, Howard, you are going 7 says hats. 7 back ten years before he was 8 Q. Did the photographs you looked at 8 even there. On one hand you 9 indicate what departments they were 9 want him to speculate as to 10 taken of? 10 what it means. It is unfair 11 A. Yes. 11 to begin with if you don't 12 Q. Let me ask you this: Looking down at 12 just want to rely on the 13 that fourth paragraph that begins "At 13 document or you don't ask him 14 St. Louis" -- We talked about the first 14 about his time period. Then 15 paragraph saying what they had done in 15 if you ask him to speculate, 16 Anniston, correct? 16 he is going to give you his 17 A. Yes. 17 opinion, which he has done. 18 Q. In St. Louis it goes through a litany of 18 Q. Let me just go back to the general 19 things they did for the St. Louis 19 question. 1 think we can just leave it 20 Aroclor operators, right? They were 20 at that. Just to restate your previous 21 given a complete set of clothing with a 21 answer, as a general proposition, you 22 hat, coat, trousers, underclothes, socks 22 believe that workers working with the 23 rubber shoes, a clean change of clothing 23 same chemical in different plants should Page 94 Page 96 1 if they were going to work another 1 be given the same type of protective 2 shift, canvas gloves and goggles 2 equipment; is that correct? 3 provided, got paid time to take a 3 MR. NEWSOM: Object to the form 4 shower, that they couldn't eat in the 4 unless there is some 5 Aroclors building. They got annual 5 foundation laid of like 6 medical examinations and lung x-rays 6 practices, et cetera. If it 7 every three years. 7 is very general, maybe that 8 Just on what is in this document, 8 is a fair question. 9 sir, doesn't that indicate to you that 9 Q. In general. 10 the workers at Anniston and the workers 10 A. 1 would say in general for a company 11 at Krummrich dealing with PCBs were 11 that had different locations making the 12 treated differently? 12 same product, proven that certain types 13 MR. NEWSOM: Object to the form. 13 of equipment were necessary, each 14 A. No. Not that different because 14 facility should have the same type of 15 facilities were made available and 15 equipment. 16 physical examinations were made 16 Q. And just remind me. 1 think you did 17 available. It says some protective 17 testify to this, but if I'm wrong, 18 ointment was available. I'm sure as to 18 please correct me. The purpose of 19 when you took a bath was something 19 having protective equipment -- what 20 negotiated in the management-union 20 would you say is the purpose of giving 21 contract. 21 employees protective equipment? 22 Q. But there is no indication in this 22 A. Protective equipment would be some type 23 document that Anniston workers were 23 of equipment worn on the job to reduce Pages 93 - 96 HARTOLDMONO017225 Page 97 Page 99 1 the possibility of someone being injured 1 which case it could be different. 2 as a result of any type of accident. 2 Q. In your experience would -- How did the 3 Again, the list of protective equipment 3 employees work? Were they parts of 4 in this case is -- for the operations 4 unions? 5 that 1 was associated with was not 5 A. 1 know that the Anniston plant was part 6 completely exhaustive. For instance, 6 of the union. I'm reasonably sure that 7 people did not wear closed suits like 7 the St. Louis plant was part of the 8 they would wear in nuclear operations or 8 union. 9 something like that. They wore what was 9 Q. So by the previous answer, are you 10 considered appropriate clothing for the 10 suggesting that the protective equipment 11 operations. 11 that was provided to the workers could 12 Q. But the purpose in general of protective 12 have been a result simply of union 13 clothing is to protect employees from 13 contractual negotiations? 14 injury or hazards? 14 A. It is quite possible. 15 A. Right. Face shields or goggles, to 15 Q. And that perhaps the union in Anniston 16 protective you from spattering toward 16 just wasn't as savvy as the union in 17 the eyes, particularly with sampling. 17 Krummrich? 18 Long sleeves are to protect your skin 18 MR. NEWSOM: Object to the form. 19 from any exposure to any type of 19 A. May have been more savvy. 20 chemical that might occur as a result 20 Q. Assuming, Mr. McCarty, all things being 21 of a line failure or a leak or 21 equal, same manufacturing procedures, 22 something. 22 substantially the same environmental 23 From what 1 see here, these people 23 conditions in the plant, same product Page 98 Page 100 1 were protected adequately in both 1 being manufactured, would you consider 2 situations. For instance, we never 2 it responsible for a company to provide 3 required, to my knowledge, PCB operators 3 safety equipment to workers in one area 4 to wear rubber shoes as they did at 4 but not to provide that same safety 5 Krummrich. We did require the 5 equipment to workers in another area? 6 agricultural people to wear rubber 6 A. 1 think 1 probably have answered that 7 shoes. It may have been that they were 7 several times. My personal feeling is 8 required here, but 1 don't recall that. 8 that, yes, the safety equipment should 9 Q. So based on what you said about the 9 be provided according to what is needed 10 reason why protective equipment might be 10 in that particular area. All similar 11 provided to a worker, if in fact 11 areas within a company should have that 12 Monsanto provided a series of protective 12 same protective equipment. 13 equipment type things to its Krummrich 13 Q. We spoke a little bit before about 14 employees, would that indicate to you 14 eating in the plant areas. Do you know 15 that Monsanto believed those to be 15 whether or not food was allowed to be 16 necessary to protect the health and 16 eaten in the Aroclor department in 17 safety of those workers? 17 Anniston? 18 MR. NEWSOM: Object to the form, 18 MR. NEWSOM: What time frame? We 19 asks for speculation. 19 were back to '51 - 20 A. 1 don't really know how the criteria was 20 MR. BRESSLER: No, no, no. We are 21 developed for which plant. It may have 21 finished with that document. 22 been, again, as a result of contract 22 Q. During your tenure and while PCBs were 23 negotiation or something like that, in 23 being manufactured in Anniston, do you Pages 97-100 HARTOLDMONO017226 Page 101 1 know whether it was allowable to eat in 1 2 the PCB department? 2 3 A. 1 do not know in that particular 3 4 context. 1 do know that every 4 5 department I'm familiar with had a 5 6 discrete area for eating. No food was 6 7 allowed to be consumed in any other 7 8 area. 8 9 Q. Do you recall specifically if there was 9 10 a separate room for the Aroclor 10 11 department? 11 12 A. 1 do not recall. 12 13 Q. This document, I'm not going to go 13 14 through it. 1 just want to ask you a 14 15 general question. But you mentioned 15 16 something about medical exams being 16 17 available. Were the workers at the 17 18 Anniston plant subjected to annual 18 19 medical exams? 19 20 A. Annual exams. 20 21 Q. Do you know whether that exam was the 21 22 same for workers regardless of what 22 23 department they were in? 23 Page 103 additionally to the extent it calls for a legal conclusion. It is hard to know whether it does or doesn't, but we would object on that basis. It is vague as to toxic effect, a dose level that would have a meaningful physical effect or just exposed to it. So it is vague and ambiguous and incomplete. MR. BRESSLER: Again, 1 understand you want to make your objections. You are giving speaking objections in a manner that could be construed as coaching the witness. So 1 ask that you refrain from speaking objections. If you want, object to the form. If you want me to rephrase it, if the witness wants me to 1 A. 2 3 4 5 6 7 8 Q. 9 10 11 12 A. 13 14 15 16 Q. 17 18 19 20 21 22 23 Page 102 The people in the agricultural department received the cholinesterase level tests 1 mentioned earlier. The people in other departments did not receive that. 1 don't know what other specific tests might have been done in other departments. So Monsanto ran that special test on the agricultural workers because of a specific toxic return with regard to the pesticide ingredients? Yes. This was a test to indicate the possible exposure to pesticide ingredients. It could be the result of other things, but this was an indicator. Going back to a hypothetical. Hypothetically speaking, sir, if a company knows or has reason to believe that a chemical that it produces can have toxic effects on humans, is that something that you share with the public? MR. NEWSOM: Object to the form, 1 2 3 4 5 6 7 8 9 10 11 12 13 Q. 14 A. 15 16 17 18 19 Q. 20 21 22 23 Page 104 rephrase it, 1 will be happy to do that. 1 would ask you to refrain from making speaking objections. MR. NEWSOM: 1 will try to comply with what 1 need to do and be mindful of what you are saying. But 1 don't need to coach this witness, for starters, and that is not what 1 think I'm doing. But I'm certainly here. Can you answer the question, sir? My personal feeling is that the public should have access to any and all information concerning any and all chemicals or any and all other type products. And if that -- any and all information you are referring to, if that information is within the possession of the greater knowledge of a company, should the company share that Pages 101 -104 HARTOLDMONO017227 Page 105 Page 107 1 information with the public? 1 area where there was a surface drainage 2 MR. NEWSOM: Object to the form. 2 ditch that at least partially emanated 3 A. 1 realize that some information 3 from the Monsanto property, and there 4 regarding processes, operations, product 4 was a concern that the hogs might have 5 is confidential to a company. 1 don't 5 ingested something that might have been 6 think that should be shared. But any 6 in the ditch. 7 safety and health type information 7 Q. So it is your understanding that 8 should be shared. 8 Monsanto bought those hogs from those 9 Q. Do you know, Mr. McCarty, whether or no t 9 people because the hogs might possibly 10 during your tenure at the Anniston plant 10 have consumed PCBs? 11 PCB waste was ever released from the 11 A. 1 don't know if they considered the hogs 12 plant property into the surrounding 12 to be consuming. But 1 understand the 13 environment? 13 hogs had been purchased. 14 MR. NEWSOM: Object to the form. 14 Q. Sir, do you know what your personal PCB 15 1 mean, could you tell him 15 blood level is? 16 with what you mean by -- 16 A. No, 1 do not. 17 intentionally or physically? 17 Q. If you were to find out that your PCB 18 It is unclear to me. Maybe 18 blood level is higher than the 19 it's clear to him. 19 background level for people in the 20 Q. Well, intentionally or not, whether it 20 United States, would that cause you any 21 actually escaped from the property. 21 concern? 22 A. Again, I'm not that familiar with the 22 MR. NEWSOM: Object to the form 23 PCB manufacturing area. 1 know there 23 unless you define "higher" Page 106 Page 108 1 was certain treatments provided. To my 1 for him. 2 knowledge no waste was deliberately 2 A. Again, 1 don't know exactly what higher 3 emitted. No plant stream was emitted 3 would be. If it were a little elevated 4 that did not go through the treatment 4 above the background level, 1 don't 5 facility. 5 think 1 would be too concerned. 6 MR. BRESSLER: Let's go off the 6 Q. What if it were three times or four 7 record for a minute. 7 times higher? 8 (Discussion held off record.) 8 A. 1 might be concerned. 9 Q. Mr. McCarty, do you recall an incident 9 Q. What about if your children's levels 10 in which Monsanto purchased some hogs 10 were three or four times higher than the 11 from some of the people around the 11 background level? 12 plant? 12 MR. NEWSOM: Same objection unless 13 A. Yes. 1 was not --1 do recall that 13 there is some kind of 14 incident. 14 foundation laid as to whether 15 Q. What do you recall about that incident? 15 that level has any health 16 A. 1 recall that an area adjacent to the 16 implications. 17 plant, there was concern that possibly 17 A. Same answer. Yes. If they were many 18 some hogs might have been exposed to 18 times higher than the general background 19 some PCBs and that the hogs were 19 level, yes. 20 purchased. 1 don't know what happened 20 Q. Now, it wouldn't be too far for me to 21 to the hogs. 21 assume you have those same concerns for 22 Q. But it is -- 22 your grandchildren as well? 23 A. 1 understand that the hogs were in an 23 A. Yes. Pages 105-108 HARTOLDMONO017228 Page 109 Page 111 1 Q. Have you ever been treated for cancer? 1 Q. Did you review any documents before your 2 A. Only skin cancer. 2 deposition today? 3 Q. Is that a current treatment or something 3 A. No. 4 that is finished? 4 Q. Had you reviewed documents before your 5 A. No, it is ongoing. It is due to 5 deposition in the Owens case? 6 exposure to the sun. 6 A. No. 7 Q. Is that a melanoma? 7 Q. Did you meet with anybody to prepare for 8 A. No. It is a basal cell carcinoma. 8 your deposition? 9 Q. Has anyone else in your family, 9 A. Just briefly before the deposition. 10 immediate family, been treated for 10 Q. Just briefly meaning today? 11 cancer? 11 A. Before the other deposition, also. 12 A. Of the same type, yes. Grandparents on 12 Q. 1 may not be understanding. Did you 13 both sides, parent on one side, and some 13 meet with someone to prepare both times, 14 of my children. 14 in the Owens case and then for the 15 Q. Just to jump back for a second, we were 15 deposition today? 16 talking about what you knew about 16 A. Briefly out in the hall in both cases. 17 disposal in the landfills or the plant. 17 Q. With whom did you meet? 18 Was there ever an incinerator at the 18 A. 1 met with this gentleman today 19 Anniston plant during your time? 19 (indicating). And was it Mike involved 20 A. In the department 1 worked in 20 --1 assume it was Mike Kelly 1 met with 21 agricultural products did have an 21 previously. 22 incinerator. 22 Q. And your meeting today was just for a 23 Q. What was incinerated there? 23 few minutes? Page 110 Page 112 1 A. Oh, what was incinerated was a substance 1 A. Yes. 2 that we call still residue that was a 2 MR. NEWSOM: Four and a half to be 3 mixture of various chemicals that were 3 exact. 4 in the bottoms when the product was 4 Q. Do you get a pension from Monsanto, sir" 5 distilled overhead. 5 A. Yes, 1 do. 6 Q. Was it liquid? 6 Q. When did you start receiving that 7 A. It was liquid and solid. It was a 7 pension? 8 slurry. 8 A. 1 started receiving the pension in 9 Q. Was that only used for the agricultural 9 probably September of 1986. 10 division? 10 Q. And do you still get benefits from 11 A. Yes. 11 Monsanto, like medical benefits? 12 Q. Do you know if there were any other 12 A. 1 get medical benefits from Solutia. 13 incinerators at the plant or on the 13 Q. Do any of your family or friends work 14 landfills? 14 for Monsanto or Solutia? 15 A. 1 think for a brief period there was a 15 A. 1 have friends who work for Solutia. 16 very unique incinerator at the landfill. 16 And 1 don't know anyone specifically now 17 1 was aware of that. 1 don't think 1 17 that works for Monsanto. 18 ever saw it. 1 certainly never operated 18 Q. Are those -- Are any of those 19 it. 19 individuals in an executive or 20 Q. I'm assuming by your answer that you 20 managerial position? 21 wouldn't know -- or would you know -- 21 A. Not above plant level. 22 what was incinerated in that? 22 Q. Sir? 23 A. No. 23 A. Not above a plant level, like plant Pages 109-112 HARTOLDMONO017229 Page 113 1 manager or superintendent. 2 Q. Who are some those people that work for 3 Solutia? 4 A. Jerry Brown, a friend; Conrad Gambel. 5 Q. I'm sorry. What was the last name? 6 A. Gambel, G-a-m-b-e-l. These are people 7 at the Anniston plant. 8 Q. Are these social friends? 9 A. No. They are acquaintances and business 10 friends. 11 Q. One last question for you, and 1 mean 12 you no offense by this. But have you 13 ever been convicted of a crime, sir? 14 A. Other than a few traffic violations. 15 Q. Have you ever been arrested for one? 16 A. No. 17 MR. BRESSLER: Thank you, 18 Mr. McCarty. That's all 1 19 have for you. 20 21 (The deposition concluded at 22 1:10 p.m.) 23 Page 114 1 1 do hereby certify that the witness 2 whose attached deposition was taken before me 3 was by me first duly cautioned and sworn to 4 tell nothing but the truth in the cause 5 aforesaid; that the testimony contained herein 6 was by me reduced to writing in the presence 7 of said witnesses by means of stenography and 8 afterwards transcribed by means of computer 9 aided transcription. The foregoing is a true 10 and accurate transcript of the whole of the 11 testimony given by said witness, as aforesaid. 12 Ido further certify that 1 am not 13 connected by blood or marriage with any of the 14 parties or their attorneys or agents and that 15 1 am not an employee of any of them, nor 16 interested in the matter of controversy. 17 IN WITNESS WHEREOF, 1 have hereunto set 18 my hand and affixed my notarial seal at 19 Gadsden, Alabama, County of Etowah, this 6th 20 day of January 2002. 21 Deborah Salers Garrett 22 Certified Shorthand Reporter Registered Professional Reporter 23 Notary Public, Alabama-at-Large My Commission expires: 3-6-05 Pages 113-114 HARTOLDMONO017230 [& - agents] & & 1:16 2:4,8 1:10 113:22 10:55 1:14 3:8 10019 2:5 114 2:13 1355 2:9 1633 2:4 19 35:4 1951 77:14 1953 28:1 1955 26:13 1957 28:3 1961 16:3 30:18 36:7,10 1962 15:20 1964 33:14 37:9 48:22 49:1 1965 48:22 1966 33:19 1968 33:20 1971 28:21 1972 34:1 36:11 1974 15:9,20 1978 34:14 48:23 1980 34:19 48:23 1986 34:22 112:9 1989 15:9 Transcript Word Index 2000 35:5,8 2001 1:153:84:1 2001-832 1:5 2002 114:20 202 69:11 22nd 10:7 27 1:153:7 4:1 3 2:12 30309 2:9 35901-0755 1:21 3-6-05 114:23 4 4 2:17 400 1:17 5 51 100:19 55 27:4 57 27:5 58 27:9 59 69:13 6 6 2:20 60s 59:9 61 27:12 41:7 42:20 77:17 78:18 64 49:13 65 49:1,13 6th 114:19 708 14:6 63:15 70s 41:8,11 72 34:8 42:20 77:17 724 15:13 75 2:21 34:9 750 2:9 755 1:21 78 49:1____________ 8 80 49:1 86 36:8_____________ 9 911 15:2_____________ a a&m 27:22 a.m. 1:153:8 abernathy 1:3 ability 8:8 able 53:21 absolutely 61:1 81:5 absorbed 52:11 accepted 30:23 access 49:23 50:1 104:15 accident 97:2 accidental 25:21 accountant 34:2,4 36:12 accounting 39:2 accurate 12:12 114:10 acid 29:7 acquaintances 113:9 acting 25:3 action 1:5 active 48:21 actual 62:7 adams 5:1 add 23:7 additionally 103:1 address 14:8,10,19,20,22 15:10 24:18 addressing 24:14 adem 71:17,19 adequately 98:1 adjacent 106:16 administration 28:9 73:21 advise 65:1 advised 21:7 22:8 23:11 advises 20:4 advisory 63:19 64:8,23 65:3,5,7,12 70:10,12,13,21 71:1,2,16 71:18 72:20,22 73:3,17 aerobic 67:2,4,5 affect 77:7 affixed 114:18 aforesaid 114:5,11 ag 44:20 45:3 age 16:19,21 agents 114:14 HARTOLDMONO017231 [ages - basal] ages ample area (cont.) assuming 17:4,5 10:4 56:8,9,15 57:3,13 61:10,21 13:9 18:19 22:17 46:4,21 aggregate anaerobic 61:23 62:2,3,6,7,21 63:9 82:10 86:12 99:20 110:20 41:3,6 67:4 66:11,13,1470:1281:17 assumption agree analysis 100:3,5,10 101:6,8 105:23 7:11 91:21 10:1,8,20 30:3 106:16 107:1 ate agreed animal areas 66:1,3 3:2,9,15,22 58:20 44:4 45:9,18 51:14 56:23 atlanta agricultural animals 61:9 66:2 77:10 100:11,14 2:9 29:2 32:5 34:17 36:2,17,23 55:21 argue atmosphere 37:10,19,21 38:5,6,9,15 anniston 13:23 25:1 41:13,1644:1,8,15,23 1:173:7 4:1 9:6,13,18,19 argument attached 45:13,22 46:2 48:4,15 11:15,17 13:1 14:6,20,23 73:20 2:23 114:2 49:14 51:13,16 52:6,23 15:6,11,21 16:2,4 17:7,8 argumentatively attempt 53:23 55:1 56:8 57:1 60:15 18:2,14 30:16,17,20 33:4 46:4 28:5 61:1463:9 66:11,13,14 36:7,13 39:9 40:18,23 arms attention 67:6,16 76:21 87:9,19 98:6 41:1843:1061:8,1763:15 90:19 22:14 102:1,9 109:21 110:9 64:21 65:20,23 66:1 68:5,6 aroclor attorneys ahead 68:8 76:11 82:14 83:4,14 76:13 89:18,23 93:20 4:126:12 114:14 6:16 18:11,1290:12 84:1 85:6 86:23 88:15 100:16 101:10 author aided 89:17 90:8,17 91:8 92:4 aroclors 89:5 114:9 93:16 94:10,23 99:5,15 75:21 79:5 80:1 88:16 94:5 avail air 100:17,23 101:18 105:10 arrested 12:16 50:15 57:5,5,15 109:19 113:7 113:15 available al annual arrived 13:16,19 50:19,20 55:16 1:3,6 41:15 80:5 94:5 101:18,20 40:5 61:16 65:23 78:2,12 76:17 79:17 84:2,3,3,5,14 alabama answer 83:5 85:13 88:21,23 89:4,10 94:15,17 1:1,2,18,21 3:6,7 4:1 14:6 6:1,6,14,16 17:23 18:3,12 arthur 94:18 101:17 28:19 114:19,23 19:15,1720:18,20 21:21,22 31:21 average alan 24:11,21 26:2 43:14 46:13 asked 41:5 1:9,11 2:163:44:3,15 47:11 72:1578:6 81:11,13 18:9 27:17 46:18 67:14 avoid alleviate 82:9 84:20 85:22 86:14,17 89:6 54:8 47:17 91:4 95:21 99:9 104:13 asking aware allotted 108:17 110:20 5:9,23 6:8 23:16 40:14 56:3 59:5,21 60:3,6 63:19 79:19 answered 46:14 58:15 62:22 71:23 74:6,8 110:17 allow 62:23 allowable 101:1 allowed 61:8 62:5,19 63:4 73:22 79:23 100:15 101:7 allows 21:4 24:7 25:13 altace 7:16,21 ambiguous 19:1220:1560:11 67:13 73:14 103:10 ammonia 29:6 ammonium 29:7,12 amounts 24:6 100:6 72:3,4 78:8,9 81:2 83:19 answering 84:20,21 85:11 87:15 89:3 91:2 asks answers 98:19 5:16 aspect anticipation 49:11 18:8 assign anybody 3:19 8:1639:17 111:7 assigned apparatus 29:19 50:14 52:5 assisting apples 31:6 82:23 associated appropriate 29:22 61:11,19 97:5 60:21 81:23 82:6 97:10 association approximately 59:22 8:3 14:11 16:10 26:22 27:2 assume 32:9 6:7 7:6 22:3 46:14 108:21 area 111 :20 21:11 42:4 43:16 44:2,9,11 assumed 45:2,4,7,14,15 47:17,20 12:18 b baby 17:11,12 back 8:10 12:1 28:2,3,5 36:6 49:13 50:16 55:18 65:23 66:5 67:21 70:9 84:19 86-19 93 2 957 18 100 19 102:16 109:15 background 27:18 72:6,14 107:19 108:4 108:11,18 bank 1:17 barrier 7916 barriers 457 basal 109:8 HARTOLDMONO017232 [based - civil] based 13:9 81:20 83:9 98:9 bases 81:2 basic 51:1 basis 35:11 50:18 81:12 86:4 103:5 bath 94:19 bathing 79:20 baths 79:21 began 33:19 begins 79:4 93:13 believe 76:1,23 84:2 92:20 95:22 102:18 believed 72:18 77:3 98:15 believes 46:15 89:3 benefits 112:10,11,12 benson 2:4 4:11 best 18:3 better 64:4 beyond 38:6 big 45:8 biphenyl 42:8,10 bird 59:2 birds 59:2 birmingham 28:19 bit 55:22 63:16 70:8 100:13 blood 54:11 107:15,18 114:13 blooded 53:2 blue 15:13,14,15,18 bodily 43:20 53:17 body call certified 90:19 35:11 38:17 43:23 110:2 1:12 114:22 book called certify 59:18 36:17 44:19 54:11 58:19 114:1,12 born calls cetera 15:21,23 16:1 17:17 103:2 58:13 96:6 boss cancer change 44:18 59:23 60:9 109:1,2,11 25:22 32:13 76:13 79:10 bottom canister 88:17 93:23 8:23 50:7 changed bottoms canvas 28:8 78:23 110:4 79:15 94:2 characteristic bought cap 59:13 107:8 93:5 charge boys caps 42:14 48:18 69:23 81:16 17:1 93:4 Charles break carcinoma 17:10 6:9 59:1 109:8 checked breathe cardboard 78:22 53:21 68:23 chemical breathing carefully 27:20 28:6,10,14 32:5 36:3 50:14 52:4 54:17 80:21,22 82:3,8 95:23 bressler carlson's 97:20 102:19 2:3,17 4:8,10 6:17 7:5 9:20 59:17 chemicals 12:18 13:22 23:9 41:5 carried 29:3,4,8 37:10 46:1 52:17 42:21 46:18 54:5 57:21 56:10 54:1,8 55:20 62:15,18 63:2 61:2 71:11 74:18,21 83:6 case 88:5 104:17 110:3 83:19 85:15 86:6 89:6 90:4 4:13,19,20,22 5:1 17:21 child 100:20 103:12 106:6 24:14,15,18 26:4 30:21 17:8,9 113:17 54:9 97:4 99:1 111:5,14 children brief cases 16:16,17,19 17:6,13 70:14 110:15 111:16 109:14 briefly caught children's 111:9,10,16 64:11,20,23 66:1,3 108:9 bring cause chloracne 8:20 54:20 58:19 107:20 114:4 58:19 broadway cautioned chlorination 2:4 114:3 42:11 brought cease chlorine 69:19 20:5 21:7 22:8 36:15 brown ceased choccolocco 113:4 41:8,10 76:15 88:19 65:18 66:2 bs ceasing cholesterol 28:11,12 20:9 21:12,13 7:22 budget cell cholinesterase 39:1 109:8 54:12,21 102:2 building certain circuit 1:17 79:6 80:1 94:5 18:21 20:5 21:1 48:9 59:2 1:1 business 59:19 71:3 72:8,8,10 73:23 circulating 28:8 113:9 77:2,9 81:22 84:17 89:12 47:3 c ralhni in 12 63 20 657 California 14:18 89:13 96:12 106:1 certainly 10:10,17 75:12 104:12 110:18 certificate 2:13 circumstances 50:10 84:10 city 68:6,7 civil 1:5 HARTOLDMONO017233 [clean - cv] clean comparing 79:10,14 93:23 82:23 clear complete 105:19 79:7 93:21 clearly completely 77:16 89:16 20:21 90:18 97:6 close compliance 16:11 3:13 25:7 closed comply 62:1,4 69:12 97:7 104:5 clothes compounds 92:22 59:11,20 clothing comprising 49:21 76:12,14 78:14 79:1 79:8 79:8,11,15 82:20,22 84:14 computer 87:6,13 88:17 89:17 90:13 114:8 90:16,18 91:14,17 93:21,23 concern 97:10,13 63:5 106:17 107:4,21 coach concerned 104:9 108:5,8 coaching concerning 103:17 11:15 12:22 13:3 104:16 coat concerns 79:8 93:22 62:23 108:21 coincide concluded 22:1 113:21 coleman conclusion 2:3 103:2 collected condition 67:1868:12,14,16 58:19 collection conditioning 47:16 66:21,23 57:6 combination conditions 79:9 99:23 coming conduct 8:17 57:13 22:21 23:18,19 60:22 commencing conducted 1:14 56:17,20,22 commission confidential 114:23 105:5 commissioner confused 1:14 3:6,23 5:21 common connected 92:13 114:13 community connection 24:8 25:14,16 49:5 company conrad 1:6 18:21,23 19:5,20 20:1,3 113:4 20:9,11 21:1,1523:11,22 consider 24:5,22 25:4,11,14 35:16 22:20 73:22 74:7 82:14 35:17,18,20,22 36:3 80:10 83:15 85:7 100:1 81:15,23 96:10 100:2,11 considered 102:18 104:22,23 105:5 72:10 97:10 107:11 compared considers 91:9 71:19 consisted correct 31:9 57:3 67:1,2 38:8 48:1 77:1 89:1,19 90:1 consolidated 91:19 93:16 96:2,18 1:6 correctly construed 80:7 103:17 correspondence consultant 9:3 20:3,4 21:6 22:12,15 23:12 cost 35:11 39:1 consulting cotton 36:1 53:1 93:4 consumed counsel 101:7 107:10 3:3,17,18 12:7,10 13:17 consuming 18:5 19:23 107:12 county consumption 1:1,2 63:20 65:7 114:19 71:19 couple contact 18:1824:1 39:12 43:20 52:12 course contained 36:14 60:21 72:15 76:17 50:14 52:4 114:5 courses container 28:6 68:22 court containers 1:1 3:14 5:12,17 6:2 68:14,16 69:5,19 courts contaminated 25:10 63:1 71:20 73:11,13 74:1 covering 74:10,15 52:2 90:19 contamination covers 58:18 51:1 context cream 101:4 79:16 continue create 7:5 27:10 22:5 29:9 continuing creates 21:1826:6 21:2 contract credit 35:9 94:21 98:22 16:15 contracted creek 35:19 65:18 66:2 contractual crime 99:13 113:13 control criteria 30:12,13 53:17,1856:11,14 98:20 57:3,4,8,9,14 61:20,22 62:7 crops 62:8,20 84:4 53:1 controversy csr 114:16 3:5 conveyed current 71:10 109:3 convicted currently 113:13 73:4 cooking cut 45:13,14 91:3 coosa cv 65:18 66:4 1:5 HARTOLDMONO017234 [daily - effects] d department (cont.) discharged doubt daily 76:13 88:17 dallas 16:1 17:18 danger 21:9 71:14 dangerous 26:7 71:21 dangers 20:7 data 11:13,20 dated 77:14 dates 33:9 day 78:23 114:20 days 93:2 ddt 59:12,19 deal 91:7 dealing 56:5 81:21 94:11 deborah 1:12 3:5 114:21 decern ber 1:15 3:7 4:1 10:7 33:19 decide 25:10 declining 73:2 decompose 69:1 decrease 59:3 defendants 1:7 2:6 define 107:23 degree 27:20,21,23 28:10,17,20 39:2,3 58:17 73:13 degrees 28:16 deliberate 26:6 deliberately 24:23 106:2 demonstrated 60:9 department 79:6 86:21,23 91:12 100:16 67:7 5:14 101:2,5,11,23 102:2 109:20 discharges drainage departments 24:5 25:12 107:1 80:4 93:9 102:4,7 discharging drive depend 20:5 21:8 14:7,16,19 15:1,2,3,4,13,15 89:14 discrete 15:1963:15 deposed 101:6 drug 4:16 discuss 73:21 deposition 8:15 drum 1:9,11 3:4,10,11,20 7:2 discussed 68:21 8:16 75:7,20 111:2,5,8,9,11 73:8 drummed 111:15 113:21 114:2 discussion 67:11 depositions 11:9 61:3 75:1 106:8 drums 3:14 5:5 64:6 disposal 68:18,18,19,20 70:4 described 109:17 due 74:16 disposed 45:23 109:5 describing 66:13 67:16 duly 51:10 disposing 4:4 114:3 design 66:7,9 dump 30:3 32:23 distance 70:5 designated 19:8 destruction 67:2 determine 51:18 developed 31:8 98:21 devices 91:18 difference 83:22 87:4 88:10 90:7,11 91:7 92:8 different 18:15,22 29:19 42:17 44:4 55:12 69:23 80:12 81:17 86:19 87:2,3,21,22 88:3 91:15 94:14 95:23 96:11 99:1 differently 94:12 difficult 26:4 difficulty 25:19 diphenyl 76:12 88:16 direct 39:13 43:20 62:17 directly 41:23 43:15 60:13 63:3 discharge 21:3,13 22:2,6,9,10 23:22 24:23 45:11 e distilled 110:5 earlier 30:15 47:23 60:14 74:15 ditch 107:2,6 division 44:15,16,17,20,21 45:1,1 60:1661:1467:7 87:10 110:10 76:19 80:9 81:13 86:3 88:2 88:22 89:7 90:20 91:15 102:3 early 41:7,10 59:9 easier divisions 43:23 44:13 dixie 64:17 document 25:23 east 14:14 15:7 easy 5:6 7:3 8:11 75:6,8,17,23 76:9 eat 77:7,13 78:4,9 81:6 83:8,10 88:13 90:2 92:18 94:8,23 95:2,13 100:21 101:13 documentation 55:13 62:5,19 64:11,13,14,19,20 64:22 65:1,2 70:11,14,19 71:3,15 72:21 73:10,17,17 73:23 94:4 101:1 eaten documents 8:20,23 9:2,8,11,14,21 11:6 11:8,18 13:6,11,14 90:5 79:23 100:16 eating 61:8,22 62:11,13 71:5 111:1,4 doing 72:17 80:3 100:14 101:6 economics 64:1,4 104:11 door 61:20 28:18 39:3 educational 27:18 doors 57:10 dosages 58:22 dose edward 2:7 effect 3:12 53:9 64:8 70:22 72:20 73:4 103:6,8 58:13 103:7 effects 32:12 52:3 56:8 69:23 77:4 8:5 52:16 53:11 54:8 55:2,9 HARTOLDMONO017235 [effects - feet] effects (cont.) entered everybody 55:19 56:3 57:17 58:9,16 68:6 87:12 59:1,5 63:18 73:9 102:20 enunciated evidence efficiency 5:17 3:21 58:23 31:11 environment exact effluent 20:6 21:5,8 32:21 69:2 73:1 64:9 112:3 25:2 105:13 exactly eggshell environmental 47:15 64:10 108:2 59:6,15 99:22 exam eggshells enzyme 101:21 59:4 54:11 examination either epidemiological 4:7 80:5 10:21 68:18 72:3 85:21 59:21 60:8 examinations election equal 94:6,16 12:16 80:17 99:21 examined elevated equipment 4:5 54:20 65:17 108:3 19:1,21 47:1648:13,14 exams elmer 49:15,17 50:22 51:2,19 101:16,19,20 39:4,6 63:7 76:20 77:2,9,23 80:19 exceeded emanated 81:1582:1,11 83:11,12 54:16 107:2 84:13 85:2,3,5 88:7,11 92:6 excess emergencies 96:2,13,15,19,21,22,23 74:2 50:21 97:3 98:10,13 99:10 100:3 excuse emergency 100:5,8,12 26:18 28:2 45:5 55:8 50:12 escape executive emitted 21:4 112:19 106:3,3 escaped exhaust emmet 105:21 57:7 40:6,7,8 esq exhaustive employed 2:3,3,7,8 97:6 18:16 66:8 essence exhibit employee 92:2 6:19,20 7:1 75:2,19 82:18 48:2 114:15 essentially exhibits employees 32:19 38:20 56:14 57:9,11 2:22,23 19:1,3 37:1848:1051:12 58:3 59:4 90:15 92:5,21 exist 54:1 55:10 56:1 60:16,22 establish 60:4,5 62:5 63:1,8 70:3 80:4,10 48:17 72:12 existed 82:12,13 83:13,14 84:6 established 47:16 64:23 66:10 69:10 88:5 96:21 97:13 98:14 54:14 65:10,12 72:7 74:2 expect 99:3 establishes 10:13 18:13 19:1980:10 employer 81:7 81:14 85:14 88:3,9 91:14 80:18 estimate 92:9 employers 33:5 experience 82:2 estimates 65:21 81:21 99:2 employment 33:9 expert 81:4 et 19:9 engineer 1:3,6 58:13 96:6 expires 27:15,1629:14,17 32:14,16 ethicality 114:23 32:18 35:9 23:19 explain engineering ethyl 43:22 51:20 27:20 28:7,11,14 29:21,23 37:23 explosives 32:20,22 33:21 etowah 29:13 entail 1:1 114:19 exposed 31:5 66:20 eventually 43:11,17 103:9 106:18 entailed 73:2 exposure 31:6 66:21 13:3 53:10 54:9,10,19,21 exposure (cont.) 55:2,9 57:18 58:12,17 62:18 63:18 97:19 102:13 109:6 extent 54:16 103:1 extra 79:13 eyes 97:17___________________ f face 76:16 80:2 83:23 84:9 88:20 91:23 97:15 facilities 87:7 94:15 facility 28:23,23 43:10 66:15 68:8 96:14 106:5 fact 22:1724:1671:2,1772:13 83:10 84:13 85:1 88:6 98:11 factory 47:4,8 fails 19:12 failure 20:16 97:21 fair 12:2 96:8 fairness 23:2 fairway 14:7,16,19,23 63:14,15 fall 27:9 familiar 25:20 40:16 47:15 55:3 66:6,9 101:5 105:22 family 36:16 53:6,8 109:9,10 112:13 fans 57:7 far 46:20 64:4 73:5 108:20 fashion 10:6 fatality 53:20 feeling 100:7 104:14 feet 44:11 HARTOLDMONO017236 [fences - hands] fences foot fumes go (cont.) 45:9 52:13 46:5,7 47:1,3,18 28:3,5 38:15,18,19 64:19 fiber force functions 66:5 70:9 74:22 90:12 68:18,19,20,21 3:12 53:17 95:18 101:13 106:4,6 field forced furnished goes 32:22 62:20 63:10 57:5 52:3 93:18 filing foregoing further goggles 3:23 114:9 114:12 51:3,4,5,23 79:15 94:2 final forget g 97:15 37:23 5:6,7 63:7 gadsden going find forgive 1:21 114:19 6:7,15,23 8:10 9:20 13:18 10:10,17 11:2 107:17 fine 8:10 12:19 20:22 26:3 85:20 91:3 finish 63:11 form 3:18 7:9 17:22 18:10 19:6 20:13 23:8 25:6 43:12 45:19 46:10 47:5 48:16 gambel 113:4,6 garrett 1:123:5 114:21 gas 19:23 45:17 46:8 57:10 85:16,21 91:6 92:18 94:1 95:6,16 101:13 102:16 good 4:9 16:13,18 22:3 64:1,4 5:22 6:1,14 26:1 64:2,3 52:1953:1557:1960:1,10 49:23 50:5,11 52:3 goods finished 38:13 90:22 91:4 100:21 65:8 67:10,12,17 71:7,22 73:12,14 74:14 77:12 78:3 gasses 53:6 38:13 governing 109:4 firm 35:13 81:1 82:4,16 85:9,16,19 86:7 94:13 96:3 98:18 99:18 102:23 103:21 105:2 gauntlet 76:16 88:20 92:1 gauntlets 25:8 governmental 74:2,17 first 105:14 107:22 4:4,13,14 6:17 8:22 10:3 forth 83:23 gear grandchildren 17:2,3,6 70:17,19 108:22 13:15 14:20 16:2 21:22 1:19 53:3 73:1 27:5 43:5 57:21 72:15 76:9 forty 79:3 83:21 88:13 89:16 16:11,21 51:9,11,15 general 19:19 58:14 60:20 95:18,21 grandparents 109:12 great 93:14 114:3 fish found 59:14 65:16 96:7,9,10 97:12 101:15 108:18 91:7 greater 63:1964:7,11,13,14,19,20 foundation generally 41:13 104:22 64:22 65:1,2,6,17 66:1,3 70:10,11,15,20 71:4,6,15 71:1973:1 fished 66:1 47:6 65:10,14 83:1 85:9 96:5 108:14 four 8:14 9:1 76:1 108:6,10 112:2 9:6,12,15 58:15 gentleman 111:18 georgia 2:9 gross 58:18 ground 5:5 grounds fisherman fourth girls 3:1920:13 64:12 fite 1:16 five 15:7 16:17,21 17:3 76:4 93:13 frame 42:20 54:4,5 100:18 frequency 55:8 17:1 give 19:3 33:5,9 95:16 given 55:16 82:2 86:4 guess 11:9 24:15 guessing 11:1 guest 58:14 78:22 flip 75:22 floor 52:10 folks friedman 2:44:11 friend 113:4 friends 11:1448:1549:1450:17,22 51:4,11 55:10 79:14 80:5 88:6 93:21 95:1 96:1 44:19,20 guidelines 74:3____________________ 114:11 h gives half 45:12,14 112:13,15 113:8,10 18:23 26:23 112:2 following 79:13 front 75:21 giving 96:20 103:14 hall 111:16 follows 4:5 42:12 food full 3:12 fully glasses 49:20 gloves hand 79:16 95:8 114:18 handed 29:9 73:20,23 74:1,10 79:22 100:15 101:6 35:23 60:22 fume 63:10 76:16 79:15 87:17 75:18 88:20 92:1 94:2 hands foods 29:3 63:1 47:15 go 5:46:158:14 11:6 18:11,1 80:2 HARTOLDMONO017237 [happen - items] happen hogs include input 68:2 106:10,18,19,21,23 107:4,8 19:13 20:16 37:12,22 48:8 49:2 happened 107:9,11,13 included inside 32:10 66:22 87:14 106:20 home 48:9 49:22 80:17 45:6 happy 9:9,14 11:18,22 including instance 104:1 hopefully 9:2 90:19 52:13,22 53:19 71:16 72:9 hard 14:2 incomplete 91:10 97:6 98:2 31:2 49:19 51:21 76:2 hopelessly 103:11 instruct 103:3 23:1 24:10 increase 6:13 harmful howard 21:14,23 22:1,4,5,9 instructions 72:10,12 2:3 4:10 23:2 95:6 increased 55:14 80:1 harrison huh 22:19 intentionally 2:3 5:19 30:5 36:5 61:18 76:6 increases 105:17,20 hat 77:5 20:10 interested 49:19 51:21 79:8 93:22 human indicate 114:16 hats 71:21 54:18 71:18 77:21 86:9 interfere 35:1,2 93:7 humans 93:9 94:9 98:14 102:12 8:7 hazards 55:21 102:20 indicates interior 97:14 hydrogenated 76:9 44:3 head 37:3 indicating intermediate 5:19 hygiene 30:5 36:5 76:6 77:5 111:19 36:22 38:11 heading 61:4,5,6 62:10,12 indication intermediates 76:5 hypothetical 94:22 95:4 38:10,17,18,19 health 18:19 19:10,22 22:4 24:3 indicator interrupt 57:17 58:9,16 60:18,23 24:13,15,17 25:22 46:17 102:15 90:23 65:4 71:1,2,14,18,21 73:9 102:16 individual investigation 76:5,10 88:14 98:16 105:7 hypothetically 54:15 30:2 108:15 18:20 20:23 22:7 102:17 individuals involve heard hypotheticals 112:19 13:8 38:4,6 90:18 39:5 40:10 59:8 63:3,17 24:1 indoctrinated involved heart i 7:21 heating 57:5 heavy 68:23 held 33:3 61:3 75:1 106:8 helms 2:8 hereto idea 25 20 92 12 identification 2:23 6:22 75:4 immediate 109:10 implications 108:16 imply 2314 2:23 hereunto important 747 114:17 higher 57:12 107:18,23 108:2,7,10 improper 83:15 85:7 improve 108:18 31:10 highway 54:7 55:15 18:2 37:13 38:9 71:5 indoor 111:19 56:23 57:3 involvement indoors 35:7 56:21 involves industrial 49:7 40:11 61:6 involving information 4:20 31:7 10:15 19:1320:1724:11 irrelevant 55:17 56:5 58:11 104:16,19 10:16 47:9 104:21 105:1,3,7 irresponsible informed 82:15 56:1 60:17,23 irresponsibly ingested 25:3 107:5 isolated ingredient 61:21 29:13 issue ingredients 4:21 49:21 69:11 hill 43:3,4,5,5 hire 21:7 hires 20:3 106:9,14,15 incinerated 109:23 110:1,22 incinerator 109:18,22 110:16 incinerators 110:13 38:20,21 102:11,14 initially 62:3 injured 97:1 injury 97:14 issued 71:17 80:2 issues 81:22 item 52:5,15 items 87:18 HARTOLDMONO017238 [January - manager] j knows left january 65:11 83:2 102:18 67:12 33:14 34:1,8 114:20 krummrich legal jerry 82:12 83:3,12 85:4 86:21 103:2 113:4 90:9 94:11 98:5,13 99:17 leisy job I 31:21 39:19 40:3 44:18 30:20 31:1,5,6 33:10 64:1,4 lab letting 96:23 30:7,8,10 64:2 jump labeled level 36:6 109:15 75:20 54:14,16,21 58:12 74:17 june laboratory 102:3 103:7 107:15,18,19 16:12____________________ 27:16 30:9,12 k lack kasowitz 53:17,21 2:4 4:10 lady keep 5:11 57:13 60:17,22 laid kelly 44:3 85:10 96:5 108:14 40:6,7,9 111:20 landfill kept 67:19,22 68:15 69:6,7,9,15 79:21 69:21 70:1,4 110:16 kind landfilled 5:20 7:13 12:18 38:14 68:11,12 39:1049:1751:1856:7 landfills 62:17 68:16 70:13 72:19 109:17 110:14 80:19 88:6 93:5 108:13 lane kinds 15:14 48:14 52:16 55:20 71:3 large 88:4 3:7 68:22 114:23 knew larkin 46:21 74:4 109:16 39:21,22,23 40:4 know lasted 4:23 5:2 6:5,10 11:1,19 33:20 34:1,14,22 13:20 26:8,19 39:4 40:6,15 laundry 41:21 42:1,2,5,7 44:14 78:21 47:19 52:2 56:3,4,19 57:16 law 57:22 58:2,17,20 59:1 1:165:12 60:12 63:17 65:13,15,22 lawrence 66:3 72:6,13,17,22 73:5,6,9 2:8 74:12 78:7,10,20 83:21 laws 87:5,13 91:10,16 92:8,12 3:13 25:8 92:16,23 93:1,6 98:20 99:5 lay 100:14 101:1,3,4,21 102:5 83:1 103:3 105:9,23 106:20 laying 107:11,14 108:2 110:12,21 47:6 110:21 112:16 leading knowing 3:18 73:6 leak knowledge 97:21 18:4 23:15 40:21 45:20 learned 58:6,7 69:14 70:2 77:18 73:7 78:13 98:3 104:22 106:2 leather known 52:12 76:16 88:20 23:5,5 52:20 55:9 59:12 leave 95:19 108:4,11,15,19 112:21,23 levels 39:12 65:17 72:7,8,11,23 73:21 108:9 life 59:2 limit 23:12 58:5 74:18 limited 9:3 limiting 83:6 line 97:21 liquid 66:22,23 67:20,23 68:2 110:6,7 list 38:10 51:15 89:22 97:3 litany 93:18 literature 55:23 litigation 10:16 little 25:19 57:11 63:16 70:8 73:8 100:13 108:3 live 14:5,6,15 15:8,18 17:7 21:11 63:13 lived 14:15,18,23 15:2,9,11,13 15:20 65:20 lives 17:8 living 63:12 Up 2:4 local 20:6 21:9 25:1 locally 64:11,21 located 36:3 61:19,21 location 19:2,4 20:8 21:6 22:19 locations 18:22 19:21 80:12 82:7 96:11 locker 79:12 locks 57:15 long 7:23 14:8 15:18 16:14 26:20 27:10 32:7 33:23 34:13,18,21 49:22 52:1 93:3 97:18 look 8:22 10:3 11:12 12:20 75:5 75:10 88:12 looked 93:8 looking 93:12 lot 35:1,2 louis 79:5 89:23 90:14 93:6,14 93:18,19 99:7 louis iana 16:6 26:15 luling 16:6 26:15,17,21,22 27:2 27:11,14 28:22,23 lunchroom 61:12 lung 80:6 94:6 m m.d. 40:13 maintenance 27:15 major 33:17 34:12 37:5,6 38:3,4 49:8 making 48:9 91:21 96:11 104:3 mammals 53:2 managed 44:16 management 94:20 manager 39:8 113:1 HARTOLDMONO017239 [managerial - normal] managerial meaningful minor near 112:20 103:8 37:4 53:7 mandated means minute necessarily 84:15,17 89:12 71:11 89:4,5 95:10 114:7,8 66:5 74:23 106:7 22:1 78:14 84:15 manifest measure minutes necessary 53:13 52:14 79:19 111:23 3:16 79:17 96:13 98:16 manner meat mischaracterizes need 21:4 24:6 25:12 80:12 73:10 83:17 6:9 33:7 84:21 104:6,8 103:16 medical mix needed manufactured 12:21 13:1,7 80:5 94:6 62:10,13 100:9 36:13,14,15,16,18 37:1,2 101:16,19 112:11,12 mixture negotiated 40:20 42:23 100:1,23 medication 110:3 94:20 manufacturing 7:13,21,22 modern negotiation 33:11,13,16 34:11,20 37:9 medications 92:10 98:23 37:12 38:3 39:1 42:14 7:14,20 8:1,2,4 modified negotiations 43:22 49:6,8 56:16,19 medicine 61:18 99:13 99:21 105:23 40:12 monsanto nerve march meet 1:6 9:5,12,13,15,17,19 53:6 30:18 34:9,14 82:18 111:7,13,17 12:13 16:5 26:10,12 34:23 neurotoxic marked meeting 35:3,8,15,16,21 41:8 44:12 53:11 54:22 2:19,22 6:18,21 7:1 8:11 111:22 51:10 53:23 54:23 62:22 neutralization 75:3,6 melanoma 66:7 77:8 82:10 83:10 85:2 67:1 marriage 109:7 98:12,15 102:8 106:10 new 114:13 members 107:3,8 112:4,11,14,17 2:5,5 4:11 31:1 married 53:6 monsanto's newsom 16:7,9,10 17:14 memo 9:6 14:13 77:22 2:7 4:23 5:3 7:10 10:1 11:8 mask 83:18 months 12:6,11 13:18 14:2 17:22 50:8,11 memoranda 8:3 18:10 19:6 20:1221:17 masks 9:4 moody 22:22 23:20 24:9 25:6,18 49:23 50:5 52:3 men 43:1,3 26:1 41:1 42:19 43:12 masters 16:23 79:13 moore 45:19 46:9 47:5 48:16 28:6,13 mention 2:8 52:19 53:15 54:3 57:19 material 38:23 morning 58:1,1060:1,1064:1665:8 11:13,20 67:22 68:23 69:1 mentioned 4:9 67:9 69:12 71:7,22 73:12 materials 29:14 59:6 68:10 101:15 movements 74:14,20 75:9,12 77:12 11:14 12:3,4 26:7 38:14,18 102:3 53:19 78:3,7 80:15,23 82:4,16 42:2 mercury movies 83:16 85:8 86:2,15 89:2 matter 71:16 50:6 90:2,10,21 94:13 95:2 96:3 62:10,12 72:14 114:16 met msds 98:18 99:18 100:18 102:23 maximum 40:15 111:18,20 58:3 104:5 105:2,14 107:22 73:21 metal msdss 108:12 112:2 mccarty 68:18 55:10,11 newspapers 1:9,11 2:16 3:4 4:3,9,15,16 methyl mullis 58:5 6:23 7:12 9:9 11:7 14:5 38:1 2:8 nine 17:15,19 18:18 19:1726:9 mexico municipal 17:16 36:6 57:16 60:14 61:4 75:5 36:3,4 66:18 nitrate 75:18 81:16 86:17 89:21 mike myers 29:7,12 90:6,12 99:20 105:9 106:9 111:19,20 2:8 nitric 113:18 mean 30:1 42:6 50:15 84:5,15 88:23 89:10 90:23 91:3 105:15,16 113:11 meaning 43:1971:8,9,13 111:10 miles 14:14 15:7,17 miller 1:16 mindful 104:7 mining 29:13 n 29:7 name 4:9,14 17:10 39:5 40:10,16 43:5 113:5 nitrolphenol 37:1 non nature 4523 47:1 normal ne 7:6 62:16 2:9 HARTOLDMONO017240 [northeast - periodically] northeast occurred opinion (cont.) 15:17 44:23 53:10,22 92:20 95:17 northeasterner odors opportunity 26:19 47:14 43:11 northwest offense oranges 45:4 113:12 82:23 notarial offer ordinarily 114:18 30:23 84:8 notary offered organic 3:6 114:23 2:19,23 3:21 44:15,17,21 45:1 notes office ought 9:4 29:20 32:20 25:5,15 26:8 notice offices outdoors 3:22 8:16,18 10:5 83:22 1:16 56:17,20,22 november oh outside 33:20 11:21 55:3,22 64:15 110:1 56:10,13 nowadays ointment overalls 16:15 94:18 93:3 nuclear okay overhead 97:8 33:10 38:22 46:22 74:20 110:5 number old overshoes 6:20 11:12 12:20 75:2,7 16:18 17:15 50:6 49:20 52:7 87:16 76:2 ones owens o 37:6 4:22 5:1 111:5,14 oath 5:10 object ongoing 109:5 open ____________ P__________ p.m. 113:22 6:13 10:5 17:22 18:5,10 19:6,23 20:12 25:6 41:1 56:9,15 opened p2s5 36:18,20 43:12 45:19 46:9 47:5 51:7 page 48:16 52:19 53:15 57:19 58:10 60:1,10 65:8 67:9,12 71:7,22 73:12,14 74:14 77:12 78:3 80:15,23 82:4 82:16,22 85:8,17,19,20 opening 30:20 84:11 operate 48:12 operated 2:11,16 8:14 9:1 12:21 75:21,23 76:1,3 paid 35:20,21,22 79:19 94:3 95:1 86:6,15 89:2 94:13 96:3 57:11 110:18 papageorge 98:18 99:18 102:23 103:5 103:21 105:2,14 107:22 objected 85:15 objection operating 44:13 55:14 91:12 92:4 operation 20:9 30:4,5 44:21 66:19 68:9 78:20 39:7,11,13,14 40:2,5 para 37:1 paragraph 9:2 76:10 77:6 79:3,4,18 21:17,19 22:22 23:20 24:9 25:18 83:16 85:23 108:12 objectionable 6:11 objections operations 31:7,9 34:17 41:12 42:9 48:4,11 49:8 52:6 56:9,22 62:11,1463:1087:19,20 89:13 93:2 97:4,8,11 105:4 88:13 89:16 93:13,15 paragraphs 79:4 89:21 parathion 37:23 38:1 52:20 87:18 3:16,19 7:8 23:7 85:18 operator parathions 103:14,15,20 104:4 obligated 79:7 operators 36:18 parent 5:13 obviously 5:13 77:13 49:10 56:11 76:13 88:17 89:18 90:1 91:8 93:20 98:3 operator's 109:13 part 23:15 54:6 81:18 99:5,7 occasions 64:19 79:12 opinion partake 72:16 occur 22:12,15 23:17,17,21 24:4 partially 42:9 97:20 60:20 77:8 80:18 82:5 107:2 participate 65:5 particular 30:21 33:10 41:4 55:7 56:5 75:17 100:10 101:3 particularly 97:17 parties 3:3 114:14 parts 99:3 paying 22:14 pcb 11:16 12:23 13:3,841:12 42:4,14 43:16 44:9 45:20 45:21 47:14,17 56:19 57:17 63:18 83:13,14 85:4,6 86:20,23 87:20 98:3 101:2 105:11,23 107:14,17 pcbs 9:7,13,16 11:16 12:22 13:3 31:14,17 36:1440:19,23 41:9,16,21,23 42:22 43:11 43:15,17 44:2 45:15 46:3,5 47:20 58:9 59:22 60:8 63:22 65:17 71:20 72:9 73:7,10,11 74:1 82:11,13 94:11 100:22 106:19 107:10 peachtree 2:9 pecanwood 15:2,3,4,12 pension 112:4,7,8 pensions 10:14 pentasulphide 36:20,21 people 21:11 22:1826:7 35:19 40:1 42:1751:13,17,19 57:10 65:22 66:3 71:3 77:4 77:11 88:4 90:16 91:22 93:3 97:7,23 98:6 102:1,4 106:11 107:9,19 113:2,6 percentage 40:21 41:13 performed 58:21 period 48:1955:1861:7 77:17 95:14 110:15 periodically 54:10 HARTOLDMONO017241 [permeate - provided] permeate plant (cont.) potentials product 47:7 68:15 69:10 76:18 78:2,12 71:5 18:21 19:2,4,20 20:1 21:1 person 78:16,19 79:5 80:20,22 practice 37:2 40:22,23 61:14 67:16 42:13 44:17 82:12,14 85:13 86:21 87:1 60:17 76:15 77:19,22 88:19 73:23 80:11 81:14 96:12 personal 87:11 90:14 91:17 93:6 practices 99:23 105:4 110:4 23:17,21 61:5 63:6 82:5 98:21 99:5,7,23 100:14 66:7,10 81:8,8 83:2,4 85:10 production 92:19 100:7 104:14 107:14 101:18 105:10,12 106:3,12 96:6 20:10 21:12,14,23 22:5 personnel 106:17 109:17,19 110:13 prepare 31:3 34:16 37:14 44:5 61:9 35:14 37:13 92:4 112:21,23,23 113:7 111:7,13 61:10 62:6 77:10 persons plants presence products 92:6 43:23 83:22 85:11 86:20 114:6 18:14 31:13 32:7 36:12 person's 87:2,22 88:3 92:9,14,17 present 37:4,19,21,23 38:5,7,9,11 52:13 95:23 58:1 38:15,1941:14,1744:1,8 pertain please press 45:3,13,23 46:2 49:11 52:9 87:20 8:14 12:20,20 77:1 96:18 59:16 66:12,14 67:3,6 104:18 pertained pleasure pressure 109:21 59:18 10:19 57:12 professional pesticide plenty presupposed 1:13 114:22 52:20,22 102:11,13 72:20 23:10 projects pesticides ply prevent 29:19,22 31:10 33:17 34:12 36:17,23 54:22 55:17 79:16 46:7,23 47:2 35:12 38:3,4 49:9,10 phosphorus point previous promotion 36:20,21 22:3 26:23 33:21 34:2,23 4:20 13:10 14:22 76:3 30:22 photographs 41:9 95:20 99:9 proper 93:1,8 policy previously 19:21 22:21 48:13 phrased 51:11 111:21 property 72:5 73:15 polyphenyl primarily 67:8,17,20 105:12,21 107:3 physical 37:3 29:20 50:20 53:1 59:19 proposition 45:7,10 94:16 103:8 population 66:16 67:21 72:22 58:14 95:21 physically 21:10 principally propriety 44:10 105:17 pose 29:3 65:15 23:18 physician 22:18,23 prior protect 40:11,17 poses 3:21 77:19 97:13,18 98:16 pick 21:10 probably protected 70:3 position 46:1 52:6 56:12 73:3 100:6 98:1 place 32:13 34:13 49:7 112:20 112:9 protection 45:16 61:16 63:20 65:7 positions problem 63:7 78:13 92:20 70:8 82:1,3 33:3 49:4 86:10 95:5 protective placed possession problems 19:1 48:13,14 49:15,17 69:21 79:11 9:9 11:18 104:21 29:21,23 31:7 52:1,14 76:11,20 78:14 places possibility procedures 82:1,11,20,21 83:11,12 26:20 97:1 18:16 31:10 99:21 85:2,3,5 88:7,15 89:17 92:6 plaintiffs possible process 94:17 96:1,19,21,22 97:3 1:4,152:2,194:136:20 47:18 87:2,21 99:14 102:13 11:5 42:14 56:16,20 89:14 97:12,16 98:10,12 99:10 75:2 possibly processes 100:12 plaintiff's 54:18 58:21 71:14 86:22 42:3,5 105:4 proven 75:19 87:17 106:17 107:9 produce 96:12 plant posted 10:22 11:8 12:5,9 21:2 29:5 provide 9:6,13,18,19 11:15,17 13:1 55:13 produced 19:20 80:18 81:15,23 82:6 14:13 15:6,16 18:2,1421:5 postgraduate 9:22,23 29:6 40:22 41:17 82:13 83:13 85:5 100:2,4 27:2 29:3,9 30:4,5,13,14,17 28:16 47:21 provided 30:21 32:3,4,23 33:4 34:2,4 potential produces 49:23 50:1 76:12,14,21 36:12,13 39:8 40:19 44:3 20:7 57:17 58:8,16 63:18 18:21 20:1 102:19 77:3,8 78:15,21 79:1,7,16 44:11,13,16,22 45:2,4,6 73:9 producing 82:10 83:10 84:1 85:2 87:6 46:8 49:21 51:14,21 53:22 potentially 41:9 87:7,8 88:11,16,18 89:18 66:5 67:7,17,19,20 68:1,5 71:20 89:23 90:14 91:9,18 92:1 HARTOLDMONO017242 [provided - responsible] provided (cont.) ray regard 92:13,16,22 93:5 94:3 80:6 9:17 13:14 60:15 63:20 98:11,12 99:11 100:9 106:1 rays 76:19 102:10 provides 94:6 regarding 35:14 read 55:17 105:4 providing 58:3 60:2 65:16 75:13 76:2 regardless 77:23 76:7 80:7 77:3,10 101:22 public reading regional 3:6 102:22 104:14 105:1 3:10 72:23 1:20 114:23 real registered published 16:1564:1 1:13 114:22 55:19 58:4 realize regular punished 105:3 50:18 25:5 really regulations purchased 78:22 98:20 25:8 106:10,20 107:13 reason relate purchasing 6:10 98:10 102:18 9:5,11 12:22 13:2,7 34:3,6 reasonably relates purification 19:14 99:6 10:13 42:10 recall relating purpose 33:5,8,12 39:5 46:11 47:13 3:14 96:18,20 97:12 59:14 64:7,9 80:13 88:7 relation purposes 98:8 101:9,12 106:9,13,15 14:12 15:5,16 29:11 52:23 106:16 relations pursuant receive 39:14 1:18 102:5 relationship put received 39:11 19:10 70:4 102:2 release q receiving 112:6,8 23:4 24:7 26:6 released 30:12,13 37:15 question oC-.OzOo foi-.Go,"/7 Mi yV.7/, 4i 4i, 4i oC z0o0-.o0 23:8,10 24:20 46:13 57:21 61:5,6,7 64:3 67:15 72:15 74:19 75:15 77:20,21 81:1 82:17 83:7 84:19,21 86:18 95:19 96:8 101:15 104:13 113:11 recollection 40:14 59:7 record 5:18,21 6:2 11:7 61:2,3 74:22 75:1 79:21 106:7,8 records 9:4 13:2 reduce 22:8 23:12,22 96:23 reduced 25:13,17 105:11 releases 25:21 releasing 25:20 relevant 10:23 60:18 rely 95:12 remediation 3:17,185:106:12 18:4,7,19 114:6 75'14 77'16 refer 9:5,11,15 13:6 11:16 12:23 13:4,9 remember 31:3 55:4 57:4 55:22 59:9 99:14 r references 82:19 referred remind 96:16 removed rachel 39:20 40:13 81:9 73:3 59:17 referring rep ran 104:20 38:3 102:8 reflected repeat range 83:7 84:23 16:19,21 reforming repeated rated 42:7 84:22 79:6 refrain rephrase raw 103:19 104:3 6:6 20:22 67:15 103:22 38:14,17 42:1 104:1 report 31:20 39:15,17 reported 31:21 39:19,20 40:1 59:17 reporter 1:13,14 5:18 6:2 114:22,22 reporter's 2:13 reporting 1:20 reports 12:21 13:2 58:4 represent 12:15 representative 33:17 34:12 49:6 representing 49:7 request 9:10,21 requested 8:23 require 98:5 required 49:19 50:2,3,11 51:5,21,22 51:23 52:14 76:18 84:6,8 84:10 98:3,8 requirements 87:3,5,23 reserved 7:8 resident 14:17 residential 24:7 25:14 residents 20:7 25:16 residue 110:2 respecting 22:11 respective 3:3 respects 59:11 response 13:10 responsibilities 27:13 37:11 48:6,7,20 81:19 responsibility 38:23 48:2 49:2,9 responsible 37:14 100:2 HARTOLDMONO017243 [responsive - smell] responsive s sense 9:10 13:11,15,21 sabrina 43:18,19 restate 1:3 sent 95:20 safe 67:18 68:7 69:14 restricted 48:11 separate 52:21 safely 42:13 44:2,4 61:13,22 62:1 result 48:12 62:3 101:10 31:8 53:20 97:2,20 98:22 safety separated 99:12 102:14 11:13,20 37:15 48:3,10,18 44:7,8,10 results 48:20 49:3,11,20,20 50:23 separately 13:7 56:2 51:1,9,11,19,22 55:12 76:5 33:2 retained 76:10 77:2,9,23 80:19 separating 12:7,13,14 81:17,18,22 84:13,14 88:14 45:9 retired 91:17 98:17 100:3,4,8 separation 34:23 35:23 105:7 42:9 44:22 45:10 return sake September 102:10 73:20 26:13 34:19,22 112:9 returned salers series 26:23 27:1,9 1:123:5 114:21 5:9 98:12 review samples served 111:1 51:6 84:11 10:6 reviewed sampling service 111:4 97:17 1:20 ridge save services 15:13,14,15,18 11:10 32:12 right savvy set 7:7 8:12 26:10 34:7 36:9 99:16,19 1:18 51:10 79:7,14 93:21 41:8 57:23 76:3 84:7 93:20 saw 114:17 97:15 110:18 sets risk saying 73:21 21:10 22:18,23 42:21 93:15 104:8 seven risks says 16:11,22 17:10 60:18,23 8:23 9:1 76:5 78:9 81:7 shake river 83:18 84:2 88:13,14 89:16 5:18 64:18 65:19 66:4 89:20 90:5,6,8 91:23 92:19 share robert 93:7 94:17 102:21 104:23 43:1,2 schedules shared role 37:14 105:6,8 17:20 31:12 32:17,19 school sheet room 27:1,7 28:3,4 11:20 45:8 56:11,14 57:4,5,8,9,14 se sheets 61:13,20,22 62:1,4,8,20 57:8 11:1358:3 84:4 101:10 seal shield rough 114:18 84:9 33:5 second shields rpr 20:1 70:9 90:4 109:15 76:17 83:23 88:20 91:23 3:5 section 97:15 rubber 76:7 shift 50:8 52:7 63:9 79:10 87:16 seen 30:9 79:13,20 94:2 87:17 92:3 93:23 98:4,6 7:2 8:1240:1375:8,11,16 shifts rules 93:1 79:14 3:13 5:5 self shirt run 50:14 52:4 91:11 27:5 33:1 54:23 senior shirts 32:14,16,17 93:4 shoes 52:18 79:10,11 92:3 93:23 98:4,7 shorthand 1:13 114:22 show 6:23 91:10 shower 87:7 94:4 95:1 showing 59:22 side 8:4 109:13 sides 109:13 signature 3:10 significant 90:11 similar 59:11 66:18 82:7 90:15 100:10 similarities 59:20 simply 99:12 sir 8:1 14:9 15:8,21 16:7,16 17:17 18:20 20:4 22:3 23:16 24:4,21 27:19 28:20 29:18 31:5,14 34:10 35:23 40:19 41:22 43:22 63:11 69:2 70:17 80:7 82:9 91:5 94:9 102:17 104:13 107:14 112:4,22 113:13 situation 29:20 50:12 situations 98:2 sixty 17:16 skin 52:2,18 58:18 97:18 109:2 skip 79:2,3 sleeve 93:3 sleeves 49:22 52:1 97:18 slight 41:12 slurry 110:8 smell 45:15,17,21 46:2,6,20,22 47:8,9 HARTOLDMONO017244 [smellable - tertiary] smellable specifically streams supplied 47:1 9:7 49:13 101:9 112:16 67:1 50:13 smelled speculate street sure 45:20 95:9,15 1:21 2:9 12:1 20:21 60:5 63:4 64:3 smelling speculation strength 69:4,22 92:2 94:18 99:6 46:11 47:14 72:1,5 98:19 59:3,7 surface smelly speed strongly 107:1 46:1 11:5 54:7 surrounding smith spell studies 57:12 105:12 2:8 26:20 32:23 54:23 55:4,6,19 56:2 swore social spelling 56:6 58:20 59:22 60:4,5,8 5:11 113:8 31:22 study sworn socks spend 55:4 58:22 60:2 4:4 114:3 79:10 93:22 56:11 stuff symptoms sold spoke 5:7,20 24:2 25:17 45:18 53:16,16 38:12,16,19 100:13 subject system solid spoken 18:8 19:1620:1921:20 68:7 67:21 68:10,11 110:7 5:17 25:9 70:12 81:10 systems solutia spring subjected 57:2 12:1435:15 112:12,14,15 27:12 113:3 St somebody 79:5 89:23 90:14 93:5,14 26:5 40:11 50:7 65:11 72:2 93:18,19 99:7 someone's staff 52:18 27:1529:14,17 sorry standard 22:13 31:22 32:15 36:19 49:21 37:16 43:2 66:17 69:16 stands 74:5 113:5 81:13 sort stapled 11:5 68:14 75:23 source start 74:10 26:12 112:6 south started 69:10 26:13 33:12 36:7 78:19 southeast 112:8 45:2 starters southtrust 104:10 1:17 starts spattering 42:7 97:16 state speak 1:1 4:1 14:17 72:19 78:11 states speaking 107:20 6:3 85:17,23 102:17 103:15 stenography 103:19 104:4 114:7 speaks stipulated 78:4 80:16 90:3 95:2 3:2,9,15,22 special stipulations 76:11 82:19 83:11 85:3 1:182:127:7 88:15 89:17 102:8 straight specialist 64:16 101:18 t substance 110:1 substantial 24:5 substantially taken 112 3 5 6711 6815 69 6 79:22 93:10 114:2 talk 143 99:22 talked sufficient 53:9 suggest 9314 talking 37:16,17 41:2 42:19 57:20 85:22 63:16 69:7,9 70:10 78:17 suggesting 87:9,11 109:16 99:10 suite 1:162:9 tank 5015 technical suits 31:3,7,12 32:7,11 35:14 97:7 technicians sun 109:6 superintendent 309 tee 91 11 32:2,3,6 43:1,3 44:19 113:1 tell superintendents 5:13 8:19 25:15 26:5 30:1 32:4 supervise 53:23 63:8 71:4 86:11 10515 1144 31:16 ten supervised 14 H 77 14 81 3 83 4 30:8 85:12 95:7 supervising tend 30:11 64:22 supervision tpnnrp 37:13 supervisor 27:16 30:7,8 31:4,13 32:8 40:1841:1842:1666:8 10022 105 10 34:20 specific 33:8 35:12 102:6,10 stream 20:5 21:2,3 22:17,20 23:13 33:11,13,22 34:3,6,16 37:9 37:12 48:5,6,22 187 63 6 77-22 91 tertiary 17 23:23 106:3 supervisors 66:16,18 31:19 HARTOLDMONO017245 [test - want] test time (cont.) treatment (cont.) unions 102:8,12 29:2,6 36:10 39:8,15 41:11 80:17 106:4 109:3 99:4 tested 42:20,22 43:8,9 48:17 54:3 treatments unique 54:10,13,15 54:5 55:11 56:12,13 69:4 106:1 52:5 110:16 testified 75:9 77:7,17 78:12,13,17 trial unit 4:5 8:12 37:8 46:10 47:23 79:12,19 87:12 92:10 94:3 3:20 57:1 60:14 76:19,23 80:9 88:2 95:1,14 100:18 109:19 trousers united 88:22 89:8 90:20 91:15 times 79:9 93:22 107:20 testify 33:7 48:21 89:12 92:10 truck university 8:8 18:9 96:17 100:7 108:6,7,10,18 111:13 69:18,20 70:5 27:22 28:19 testimony title true unusual 80:13,16 88:8 114:5,11 31:1 32:1,2,13 78:1 114:9 88:1 tests today truth use 13:8 102:3,6 7:13 8:8,20 9:23 70:9 111:2 5:14 114:4 50:19 51:15 52:21 79:17 texas 111:10,15,18,22 try 84:7,9 88:23 14:18 16:1 17:1827:22 told 6:5 19:17 20:22 64:2 104:5 uses thank 23:3 60:7,12 twenty 84:17 8:10 74:21 113:17 tonnage 17:5 79:18 V theoretically 41:15 type vague 79:22 thereto top 64:18 76:2 25:2 42:9 47:16 58:23 68:23 69:1 90:13,15 92:5 19:11 20:1423:1 24:10 60:11 67:10,13 86:12,16 3:21 torres 96:1,14,22 97:2,19 98:13 103:6,10 thing 62:17 things 2:44:11 totally 10:15 104:17 105:7 109:12 types 29:4 77:9 96:12 vaguely 42:2 valve 37:1741:1954:1957:14 toxic typically 84:12 72:21 89:22 93:19 98:13 99:20 102:15 think 16:11 19:5 21:15 22:23 23:23 24:6,23 25:12 53:2,4 53:20 vapor 53:7 79:6 80:4 102:10,20 103:6 uh u 45:17 vapors toxicity 5:19,19,1930:5 36:5 61:18 45:21,22 46:5 47:14 23:9 25:4,7,15 26:7 40:3 23:14 75:21 45:21 47:23 51:1 55:8 59:4 traffic 59:18 61:20 65:6 69:3 113:14 75:15 81:20 86:3,4,7 89:7 trained 76:6 77:5 unclear 24:12,19 105:18 underclothes variables 23:6 various 33:3 62:15 110:3 90:10 92:2,11 95:19 96:16 48:10 79:9 93:22 ventilation 100:6 104:11 105:6 108:5 training 110:15,17 11:14 12:3,4 49:10 54:6 undergraduate 28:17 47:20 56:7 57:2 versus thinks 83:20 transcribed 114:8 understand 1:5 40:23 83:3 90:9 6:4 13:22 19:18 20:20,21 violations third 56:13 75:23 thirds transcript 114:10 transcription 43:13 44:12 47:12 67:19 113:14 81:20 91:23 103:12 106:23 virtue 107:12 20:15 24:16 82:9 56:12 thirty 16:22 17:10 thought 114:9 transfer 30:19,23 transferred understanding 17:19 18:1 58:8 67:23 86:10 107:7 111:12 understands 72:2 91:1 1:2 16:5 30:16,17 32:11 86:13 89:8 thousand 44:10 40:4 transported understood 6:8 48:11 three 69:17,18 12:20 14:14 15:17 17:1 treat 76:3 80:6 89:21 94:7 108:6 65:4 70:23 80:10 unfair 95:10 uniform 108:10 time treated 68:3,4 94:12 109:1,10 78:15 union 3:20,20 4:18 6:3,9 10:4 treatment 94:20 99:6,8,12,15,16 11:11 16:1426:1427:14 66:15,16,19,20,21 68:1,5,8 w wait 5:22,23 90:4,21,21,21 waive 86:5 waived 3:11,23 86:8 walk 86:22 walnut 1:21 want 10:11,18 18:1836:6 61:4 HARTOLDMONO017246 [want - zocor] want (cont.) witness (cont.) york 62:13 74:11 75:12,13 85:18 114:17 2:5,5 4:12 85:20 95:9,12 101:14 witnesses young 103:13,20,22 64:5 114:7 5:11 wants 103:23 war 50:6 76:16 88:19 women 16:23 wore 35:1,2 49:21 87:12 93:3 zocol 7:18 z warm 53:2 97:9 work 7:17,19,21 warning 11:16 12:23 13:9 26:21 71:3 27:10 28:5,7 31:13 35:3,4 warnings 35:10 38:2 43:15,16 78:15 18:23 87:1 90:17 91:12 92:22 washed 93:4 94:1 99:3 112:13,15 80:3 113:2 waste worked 20:5 21:2,3,13 22:2,6,8,10 26:9,22 27:4,12 29:21 35:5 22:17,19 23:13,23 24:6,23 35:13,17,1837:1841:23 25:12 66:6,9,12,15,18,22 42:4 43:9 61:8 77:4,11 88:4 66:23 67:3,6,15,18,20,22 109:20 67:23 68:2,5,6,8,10,11 worker 105:11 106:2 98:11 watched workers 54:17 48:15 49:14 55:1 76:21 wear 78:1 80:20,21 85:4,6 94:10 48:13 49:19 50:2,4,11 51:5 94:10,23 95:22 98:17 99:11 51:21,22,23 63:9 91:22,22 100:3,5 101:17,22 102:9 97:7,8 98:4,6 working went 19:2,4 26:12,14 28:22 31:9 27:7 28:2,5 38:2 64:8 67:22 31:17 39:10,14 54:2 63:2 67:23 68:9 89:22 91:16 79:13 80:11,20,21 82:2,7 west 95:22 69:12,15 works wheeler 112:17 39:4,6 worn whereof 89:11,13 90:16 91:8 92:2 114:17 96:23 wide writing 87:11 114:6 widely written 59:16 77:7 83:9 william wrong 39:7 48:1 77:1 96:17 williams y 43:4,4,6 yeah winn 35:2 64:16 wise year 26:22 27:23 35:5,6,8 36:2 41:15 withdraw 20:2 77:20 41:4 64:9 years 14:11 16:9,11 27:2,8 32:9 witness 2:16 3:11 5:2 17:20 19:9,14 33:4,6 40:19 41:3 42:1,18 44:18 50:3 77:14 80:6 81:3 20:17 64:18 85:12 86:8 83:5 85:12 94:7 95:7 103:18,23 104:9 114:1,11 HARTOLDMONO017247