Document e5mG6xDgB9poRB5Ky7yx4KQR9

IN THE UN'.TED STATES DISTRICT COURT NORTHERN DISTRICT OF ALABAMA EASTERN DIVISION JOHN R. SWIFT and BARBARA SUIFT, Plaintiffs, VS. MONSANTO COMPANY, INC., et at., Defendants. CIVIL ACTION NO. CV-97-AR-2430-E DEPOSITION OF GENE JESSEE Taken on behalf of the Plaintiffs July 8, 1999 (314) KRIEGSHAUSER REPORTING & VIDEO DcrtCTCDtrn nonicCcJcUoiutreinL fD\uCrounrn\Ti Cn 319 NORTH FOURTH, SUITE 322 ST. LOUIS, MISSOURI 63102 621-4408 FAX (314) 621-4533 1 APPEARANCES 2 The Plaintiffs were represented by Donald R. Stewart. Esq., P. 0. Sox 2274. 1131 3 Leighton Avenue, Anniston, Alabama 3620z. The Defendant was represented by 5 Jerry White, Esq., of the law firm of Lightfoot, Franklin & White, L.L.C., The Clark 6 Building, 400 20th Street North, Birmingham, Alabama 35203*2300,- and Michael E. Kelly. 7 Esq., of the law firm of Smith, Helms, Mulliss & Moore, P. O. Box 21927, Greensboro, North 8 Carolina 27420. 9 IM3EX OF examination 10 EXAMINATION 11 PAGE uirect-txamination by Mr. Stewart 12 5 INDEX 01 EXHIBITS 13 JESSEE 14 PAGE One 15 Two Three 16 'Eour Five 79 82 98 133 142 17 Six Seven 18 Eight 155 167 169 Nine 19 Ten 172 177 Eleven 20 Twelve Thirteen 21 Fourteen Fifteen 22 Sixteen Seventeen 181 182 184 197 201 202 208 23 -3- j ! ! KRIEGSHAUSER REPORTING & VIDEO II IN THE UNITEO STATES DISTRICT COURT NORTHERN DISTRICT OF ALABAMA EASTERN DIVISION 31 5 JOHN R. SWIFT and 3ARBARA SWIFT, 6 r Plaintiffs. 8 MONSANTO COMPANY, INC. , 9! et al., to! Defendants. CIVIL ACTION NO. iU-xVi r7v1? -)/ 7 r\ < 11 12 13 14 Deposition of GENE JESSEE produced, 15 sworn, and examined on behalf of the Plaintiffs or July 8, 1999, between the hoc 16| of nine o'clock in tne forenoon and five o'clock in the afternoon of that day. at the 17 Ritz-Carlton Hotel, 100 Carondelet Plaza St. Louis, MO 63105, before Sheila L. Ford, 18! Registered Professional Reporter and Notary Public within and for the State of Missouri. 19 20 21 22 23! KRIEGSHAUSER REPORTING & VIDEO ,%:----------------------4 1 o-O-o 2 IT IS STIPULATED AND AGREED by the 3 parties, through their respective counsel, U that the deposition of GENE JESSEE, may be 5 taken before Sheila L. Ford, CSR, RPR, as 6 Commissioner and Notary Public in the State of 7 Missouri, on July 8, 1999, at 9:30 a.m., and -- 8 that the reading and signing of the deposition 9 transcript by the witness is waived. 10 11 12 IT IS STIPULATED AND AGREED that it shall 13 not be necessary for any objections to be made 14 by counsel to any questions except as to form 15 or leading questions and that counsel may make 16 objections and assign grounds at the time of 17 trial or at the time said deposition if 18 offered in evidence or prior thereto. 19 20 21! IT (S STIPULATED AN0 AGREED that notice i 22! of filing by the commissioner is waived. 231 i KRIEGSHAUSER REPORTING & VIDEO ADAD21-005812 HARTOLDMONOQ38211 ADAD21-005813 HARTOLDMON0038212 1 o*0*o 2! 3 GENE JESSEE i. of lawful age, produced, sworn, and exanined 5 on behalf of the Plaintiffs, deposes and says: 6 7 M <Di\ . Cw T1 wCHnAiD\ <T. Iul^nu. 1s*111 jv 1 pu,1knavt-l1 umj : a MR. WHITE: Uith the exception, 9 give us to the end to let you 10 know about reading and 11 12 MR. STEWART: Ard then the other 13 thing that I would like to 14 add to that, Sheila, is that 15 uo ara- 3nVn<*iTn>nJ rvnw ha 1 10 1 rvi rhir 16' deposition for purposes of - 17| not only the Swift case but 1 sj also the Abernathy ard the 19! other state cases that have 20 been filed against Monsanto, 21 with y'all's caveat that 22 don't want to do anything to 23 CirCUFV^nr fh< crau KRIEGSHAUSER REPORTING S VIDEO Q. A. Q. A. 12 13 14 15 16: \ 17: Q. 18 A. 19 0. 20 21 A. 22 G. course work here at Washington University in St. Louis under the company's tuition assistance program. That dich't lead to a degree. When did you graduate? 1950. Ard what about your workhistory? where did you go to work after you graduated from school? * I had to fulfill a militarycommitment, and then I worked for the United States Army Chemical Corps of Engineers Agency for about a year. Then I came to work for Monsanto in Monsanto, Illinois, which is just across the river, is now called Sauget. When did you - That was in 1953, October of '53. Wnat was your tour of duty in the Arm/? l^iat did you do in the military? I was an operator in a chemical plant making chemical agents for the Army. where was that? KRIEGSHAUSER REPORTING & VIDEO 1 2 direct-examination z nUUiicLc>T1 i1nVirtiicJ o0v1 rumo . cj t1 lcwiihaixo1t.. 4 Q. State your name for the record. 5 A. 6 T 0. 8 Gene, G-E-N-E, middle initial L., last name, Jessee, J-E-S-S-E-E. And, Mr. Jessee, where do you live at the present time? 9 A. 10 11 nw . 12 I live here in St. Louis, West St. Louis County. TMAn*r-*i 1 ->-"<1 `1 Vnniiny "hun.\/ia. \;/<-M I 1v 1. \./o<H ' *'-< a- i r>' >- Louis? 13 A. 14 0. 15 This time since 1978. Did you originally ccme from St. Louis, the St Louis area7 16 A. No. I was born and reared in Houston, 17 Texas. 18 0. Give me a little of an idea of your 19 20 21 A. 22 57 sducat!onal background please sir if you would. I graduated with a five year degree in chemical engineering from the University KRIEGSHAUSER REPORTING & VIDEO % S| 9 10 11 12 13 14 Q. 15 A. 16 Q. 171 A. 16 Q. 19 20 21 22 Q. Edgewood, Maryland, Edgewood Arsenal. What kind of chemical agents were you involved in? Nerve gas. When you say chemical operator, did you actually participate in - Yes. Shift work. That kind uf stuff. You did that for two years? Yeah. It was two years. That was the commitment, for two years. I had the basic training up front. So it wasn't a full two years, tut whatever is left after *After basic training7 Yeah. Chemical Corps, l assume? Yes. It was the Arm/ Chemical Corps. Then after that you indicated you worked for the Anny? Yeah, for another nine months maybe before I cane to work for Monsanto. Where was that work done? 3cSlKT cuiy KRIEGSHAUSER REPORTING & VIDEO ADAD21-005814 HARTOLDMONOQ38213 ---------------------------------------------------------------------------------------------------------------- 9-- 1 did -* l was in a plant facilities 2 design there. They wanted me to * 3 Based on ny operator experience, they 4 wanted me to help them design a plant 5 that was -- a big plant that was to be 6 built at Rocky Mountain Arsenal outside 7 8 Q. of Oenver. J That's what you participated in after 9 that? 10 A. Yeah, as a civilian. 11 Q. Did you actually design the plant 12 yourself or participate in designing it? 13 A. Participated in the design of a part of 14 it. 15 Q. When you started with Monsanto, what did 16 you start out doing? What were you 17 hired to do? 18 A. Technical service work, wherever 1 was 19 assigned. 20 MR. WHITE: Let him finish his 21 question before you start, 22 because she can only get one 23 of you at a time. 1 2 Q. 3 4 A. 5 6 7 Q. 8 9 A. 10 Q. 11 12 A. 13 14 15 0. 16 A. 17 0. 18 19 A. 20 21 22 23 Q. THE WITNESS: All right. (By Mr. Stewart) You were saying you were hired on in technical service work7 Yes. They had a group of engineers that comprised a technical service gnxp for that plant. You say for that plant. Do you mean for what is now known as Sauget? Yes. What were they manufacturing there when you went to work? I can't ranetrber all that stuff. Must have been fifty or sixty different things. It was a big plant. Were they making PCBs? Yes. I believe they were. That's at Sauget when you started working there? Yeah. They had been making them there for a long tine, but 1 don't remenber when they started. I didn't have anything to do with that operation. You had nothing to do with -- KRIEGSHAUSER REPORTING & VIDEO 1 A. 2 Q. 3 A. 4 0. 5 A. 6 7 Q. 8 A. 9 10 11 Q. 12 13 14 15 16 17 18 19 20 21 22 23 Q. No. -- manufacturing of PC8s? No. How long did you work at that plant? From October of '53 to, say, the first -- April or May of '61. So some seven or eight years? Whatever that -- I know it was in '61 that I was transferred to another location. During that period of time, do you know or are you familiar with how Sauget handled the waste matter that came off their manufacturing process? Uhat did they do with it? I don't remenber exactly what they did or if there was any special program for doing it. I don't remenber. They had liquid waste, and they had solid waste. But I don't think there was any specific manner - - I don't know of any specific manner in which it was handled. Did they have landfills at that time on KRIEGSHAUSER REPORTING & VIDEO KRIECSHAUSER REPORTING & VIDEO _________________________i________________________________ :_____________ ^2--^ 1 the plant site at Sauget? 2 A. They had landfills -* They owned a 3 landfill area adjacent to the plant '4 site, I believe, yeah. 5 Q. Is that where they put seme of their 6 sol id waste? 7 A. Yes. -- 8 0. What about the liquid waste? What 9 happened to it? 10 A. I don't know. I don't remember. 11 Q. Is it located on the Mississippi? ' 12 A. ' Yes. 13 Q. Was there any point in time that liqjid 14 waste was placed in the Mississippi? - 15 A. I wasn't involved in that, so I can't 16 tell you what they did with it. 17 Q. Were you ever involved at any point in 18 time in your career with Monsanto back 19 at the Sauget plant? Uere you ever sent 20 back there after '61? 21 A. One time on a safety audit towards the 22 end of nry career with Monsanto. And one | 23 time on a Monsanto used to condjct KRIECSHAUSER REPORTING & VIDEO ADAD21-005815 HARTOLDMON0038214 1 2 3 4 5 6 Q. 7 a 9 A. TO 0. n 12 A. 13 14 15 Q. 16 A. 17 Q. 18 A. 19 20 21 22 23 annual inspections. And they inspected all the plants in the United States. And they'd send out inspection teams. And I was on a team that went to that plant. When you say you did a safety audit, tell me about* what time that was that you performed that at Sauget? It was semetime between '87 and '89. Who all was involved in that safety audit with you at that time? There was another safety ran in the part that I was in which was the corporate safety department. Who was that? I don't remerrber his name. Anybody else? As being representatives of the corporate safety inspection team we were the only two. But of course at the ccmpletion of our inspection we had to sit down with the plant manager and his staff and talked about what we have seen KRIEGSHAUSER REPORTING & VIDEO 1 2 X 4 Q. 5 A. 6 7 8 Q. 9 10 1 1 n- 12 13 A. 14 15 16 \ 17 18 19 20 21 22 protection of the employees, safety of the employees, and also the whole Sir? Property loss prevention, through the use of safeguards on the equipment and such. Tell me about the annual inspection you performed. When did-you do that7 MR. WHITE: Annual? '(`B-'7\/ 'M"r* CfauacWf > *T W1UU3MC fVA. OUIU did -- , Oh. Years ago they had -- Back in the '60s I think -- That was sometime between 1966 and 1970 because ! was working at another plant. I don't remenber the plant l was working at. ! was just assigned arbitrarily to a team And there were seme other stperinterdents from plants. And we got together and had to go inspect five pvo. .VO. KRIEGSHAUSER REPORTING & VIOEO 1 2 3 4 Q. 5 6 7 A. 8 9 Q. 10 11 12 A. 13 14 15 16 17 18 19 20 Q. 21 22 23 A. --------------------------------------------------------------------------------- --------and what we would reccmnend that if - - i don't -- If we had recommendations, I don't remember what they were. Tell me, if you would, what period of time you were involved in that audit? How long did it take? 1 think it took the better part of two or three days, since it was a big plant. And what types of things were you to look at and what type of things did you look at during this audit? We were looking at, first, their programs for protection of the enployees, safeguarding of ecjjipment. Then we went out in the plant to verify that they were actually doing what they said they were doing. That's essentially what the inspection was all about. And what types of things were you -- Did you look at all at the disposal of waste or the landfill? No. Safety things as it related to the KRIEGSHAUSER REPORTING & VIDEO 1 Q. 2 X ' 4 Q. 5 6 A. 7 8 9 Q. 10 1 1 A. ' 12 13 Q. 14 15 16 17 A. 18 a. 19 20 A. 21 22 7X k:__________________________________________________________________________________________ You inspected Sauget during that period of tine? What type of thing did you inspect at Sauget during that inspection? The same general kind of thing. But it also nicked up on things like housekeeping, as 1 remefTtoer. -- When you say "housekeeping, ** what are you talking about? Well, did they keep the place clean, was it clean. Did you have anything -* Did you do any checking then about management that they were -* or how they managed the waste product that came off the plant? No. Did you look at the landfill at any point in tine7 No, I didn't. Maybe somebody else on that team did. Because we were assigned different things to look at coring that ICR 1EGSHAUSER REPORTING S VIDEO ADAD21-005816 HARTOLDMON0038215 ---------------------------------------------------------------------------------------------------------------- 1 Q. 2 A. What exactly did you look at? I don't remerrber exactly. 1 couldn't 3 tell you specifically, i think it was 4 probably house -* We all looked for 5 housekeeping. I think I was probably 6 assigned to see if all the fire 7 extinguished had been recently checked 8 and were filled to the proper indication 9 10 11 Q. 12 on the gauges, that the fire extinguishers were usable. Were you involved at all in putting the final report together? 13 A. 14 Yeah. That grocp met after each plant inspection, each of those five 15 16 Q. inspections, and put together a report. Was Sauget not making PC8s at that time7 17 A. I think they were. 18 Q. And did somebody during the process of 19 20 21 22 A. 23 that inspection look at that manufacturing process and make a report on that? I couldn't tell you at all. I don't remenfcer. r 1 Q. 2 3 4 5 A. 6 Q. 7 8 9 A. 10 11 12 13 14 15 16 17 18 19 20 21 22 23 ' ----------------------------------------------------------------- 44-- Were there any reconmendat i ons that y'all made that had to do with either the PCB manufacturing process or the disposal of waste of PCBs? 1 don't remenber that. Give ne a little bit of an idea of your work history after you left Sauget in 1961. The company was building a new plant south of Alvin, Texas, called Chocolate Bayou, Texas. And there were a nunber of different manufacturing emits being installed there, brand new, grouad up. Monsanto purchased some technology which they wanted to use there. And I had been familiar with the process at the Krumnrich plant at Sauget. It was the same procfcjct but a different technology. So I was assigned to a position. They called it a manufacturing representat ive, where I was supposed to coordinate the construction, research. engineering, and manufacturing to KRIEGSHAUSER REPORTING & VIDEO 1 2 3n A 5 A. 6 7Q 8 A. 9 10 Q. 1 I A. 12 13 14 )5 16 \ 17 18 19 20 21 22 23 a. demonstrate that new plant after it was built. ijtat was the product that they were making? Phenol, phenol. And another product called acetone, a-c-e-t-o-n-e. And they bought a process to make that7 Yes. Monsanto bought the technology to make that. - And you went down and -- I was sort of what we call I was in charge of -- start up and demonstrate the plant. That took about -- took the better part of a year, year and a half. Than i had the same assignment at another plant adjacent to that about fifteen miles away, which was an old established Monsanto operation at Texas, City. But it was a different process that we were building a new ;_ni t within that plant. And the idea was to start qo and demonstrate that process. How long did you stay there^ KRIEGSHAUSER REPORTING VIDEO _______ %_________________________ ____--s-------------------20--, 1 A. Must have been another year associated 2 wi th al l that. 3 Q. Where did you 90 after that? 4 A. Well, then I was promoted to what we 5 called a guest superintendent of 6 operations in the Luling, Louisiana 7 plant. It's real elaborate to explain ------ 8 what this guest means. Whoever -- 9 Uhatever part of the corporation . 10 business unit has the most capital in a 11 plant, they are the controlling ' 12 adninistration of the plant. In this 13 case, my part of the corporation that I 14 worked for was only a minor player, so 15 we were guests. And that was the role. 16 MR. STEWART: Off the record. 17 [Discussion held off the j 18 record.] 19 Q. (By Mr. Stewart) That would be about 20 '64? 21 A. That gets me up to about '64, when I 22 went in there. 23 0. How long did you stay there as a guest? KRIEGSHAUSER REPORTING & VIDEO KRIEGSHAUSER REPORTING VIDEO ADAD21-005817 HARTOLDMON0038216 1 A. 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 Q. 17 18 A. 19 20 21 Q. 22 A. 23 Well, the work there got interrupted in October of '65 to April of '66 when I got a phone call saying, you're going to Australia. They have got a phenol plant -- at this time l had worked in two phenol operations. And they had a phenol operation in Australia they had been trying to start up for about eighteen months, and they couldn't make it rut. And I said, "Why me"? And they said, "You know more about phenol than anybody else in the company about how to get the operation to run right." So I went over there for six months. Then l came back to tuling. How do you spell the name that you're talking about? L-U-L-l-N-G, was the plant in Louisiana. It's about twenty miles west of New Orleans. Go ahead. So then I went to this place outside Melbourne, Australia for about six KRIEGSHAUSER REPORTING & VIDEO 2! 3 4 5 6 Q. 7 A. 8 9 10' Q. 11 12 13 14 ' 15 16 17| 18 Q. 19 20 21 22 23 plant? What kind of work did you do there? They had the plant divided up into manufacturing groups, and I was in charge of one of those groups. What type of work did you do? I adninistered the manufacture of 98 different chemicals off and on over 365 days a year. . So y'all made various things here at Queeny during that period of time? Yeah. The group I had made 98 different products. Sometimes on the sane equipment we'd make something for three days, clean it out; rake something else for two weeks, that kind of stuff. It was all pots and pans. Uhat were they doing with the waste material that came off your manufacturing process at Queeny when you were here? How did they handle that waste? I'm trvina to remember, Aaain ! wasn't KRIEGSHAUSER REPORTING & VIDEO 1 2 3 4 5 6 7 8 9 10 11 12 Q. 13 14 A. 15 16 0. 17 18 A. 19 Q. 20 A. 21 Q. 22 A. 23 Q. months. Then we got that thing to rtn. And I cams back to luling, as my regular assignment. And within a month or two l was asked to *- I was promoted to what they call a general superintendent of manufacturing, which was a promotional job. Then I come to work at the plant down here on South 2nd Street that's called the J. F. Queeny plant, which is the original plant in Monsanto. So you worked at Queeny for what period of time? From July of '66 to January 1st -- or Decenber 31st of 1970. And then I assume you were sent to Anniston? first working day of 1970. As plant ranager? Yes. And you were there until? Technically July 1st of '78. Now, what did you do at the Queeny KRIEGSHAUSER REPORTING & VIDEO A. 10 11 12 13 14 15 16 17 18 19 20 21 22 A. 23: directly involved in the operation of any waste treatment or waste handling. I'm aware of that. I'm just asking you -- Let me ask it this way: Was there a waste product that came off some of your manufacturing processes that you - If memory serves me right, there were. . But what kind of a waste treatment system -- these are liquid wastes. I don't remember any solid wastes. I don't reranber any atmospheric discharges that were subsequently captured and treated. Now, I don't reneiiber if the City of St. Louis provided the treatment or if the plant provided treatment. Did the Queeny plant have a landfill? Not to ary knowledge. Were y'all regulated in any way by either state or Federal regulators at the time you worked at Queeny? Not to ufy recol lect ion. That wasn't an issue. The city had some ordinances KRIEGSHAUSER REPORTING & VIDEO ADAD21-005818 HARTOLDMONOQ38217 1 2 3 4 5 6 Q. 7 a 9 A. 10 11 12 Q. 13 14 A. 15 16 u. 17 18 A. 19 Q. 20 21 A. 22 23 relative to nuisances, like odors and stuff like that. That's all 1 remeirber as being a regulatory body having something - - some contact with the plant, if there were odor complaints. And I understand that wasn't your line of work. 0idy'3ll have a landfill at Queeny? No. 1 know that. I know anything they hauled, it was hauled away tnder contract disposal. There was a disposal contract in place at Queeny? Probably several. I don't know who they were. uo you have any idea where it was hauled? No. Do you remember what kinds of solid waste that you had at that time? I don't know. They probably came frcm other operations. The operations that I had, it would probably be office waste KRIEGSHAUSER REPORTING 8 VIDEO 1 2 Q. 3 4 5 6 A. 7 8 Q. 9 A. 10 11 Q. 12 13 14 15 A. 16 17 18 A. 19 Q. 20 21 22 23 it. During the time that you were plant manager at Anniston, they did rrenufacture for some period of time there PCBs? Very short period of time after I got there. For what period of time? Oh, maybe two, two and a half years, something like that. During that two to two and a half years did you have any conversation with anybody at Krurmrich, the Sauget plant. about PCBs? No. Do you have any contact with them about disposal of PCB waste? No. Do you know what was done by the conpany in that time frame with liquid PCBs, PCBs that was in a liquid form, that customers had -- MR. WHITE: kruimrich or anywhere? KRIEGSHAUSER REPORTING 8 VIDEO 1 2 3 0. 4 5 6 A. 7 a. 8 9 A. 10 11 12 13 14 15 16 Q. 17 18 A. 19 Q. 20 21 A. 22 23 or sonething like that. It wouldn't be process waste. Were you familiar while you were at Queeny with what was going on at Krumnrich? No. Did you ever become familiar with that while you worked in Amiston? When what was going on? MR. WHITE: I was going to ask the sane question. What do you mean by what was going on, - Dona Id? MR. STEWART: That's probably a good suggestion. (By Mr. Stewart) What they did with their waste. No. What about waste materials from PCB production at Sauget? We owned a landfill -- No, no. ] thought you meant at Anniston. I don't know what they did with KRIEGSHAUSER REPORTING 8 VIDEO 1 2 A. 3 ' 4 Q. 5 6 7 8 9 10 ii A. ' 12 13 14 Q. 15 16 17 18 19 A. 20 Q. 21 A. 22 Q. 23 - - ----------------------28 %' MR. STEWART: No. Anywhere. You neon just take a prodjct and put it in a tanker and sell it? Uell, at some point in time during the period of time that we're talking about, there's been some testimony that there was an effort made by Monsanto to *- not -- effort, but they actually did take some of that product back from larger customers. Are you familiar with that? That's a business group marketing decision, Donald. I wouldn't have any -- privy to that. Actually, I'm not asking about the decision to take it back. I'm trying to find out if you have any information, Mr. Jessee, about what happened to that product? No, I don't. Did any of it wind up in Anniston? I don't know. well, you were there from 1970 -Deceiiber 31st of '71 until '78 as plant KRIEGSHAUSER REPORTING & VIDEO ADAD21-005819 HARTOLDMONOQ38218 ---------------------------------------------------------------------------------------------------------------------------------------------------- 1 manager. During your time there did any 2 PCBs from customers wind up in Amiston 3 u A. at any point in time? I can't rementaer if we were asked to 5 6 Q. rework any or not. Is there a possibility that you were 7 8 A. asked to rewdbk seme? There's always a possibility, but I 9 can't cite you amount, where it cane 10 from, how much. I don't know any of 11 that. 12 MR. WHITE: Give me a -- pause a 13 little bit and let him 14 finish. 15 THE WITNESS: Sorry. 16 MR. WHITE: That's all right. 17 Q. (By Mr. Stewart) You do recall that 18 there was seme; you just don't know what 19 they are? 20 21 A. 22 MR. WHITE: No, no. No. I thought it might have been possible. 23 MR. WHITE: Yeah. I object. 1 2 3 4 A. 5 6 Q. 7 a 9 A. 10 11 12 13 14 15 16 17 18 19 20 a. 21 22 23 THE WITNESS: I'm sorry. MR. WHITE: I think you're clearing it up. Go ahead. I don't know. I don't know if it actually happened. (By Mr. Stewart) If you want to answer, you can answer just as quickly as you want to answer as far as *That's all right. MR. STEWART: Jerry will enter -MR. WHITE: I need time now and then -MR. STEWART: -- to earn his money. MR. WHITE: I'm not as quick as you are. MR. STEWART: He's not doing it in shorthand. MR. WHITE: No. (By Mr. Stewart) What fami l iari ty do you have with any facility that was built anywhere in the Monsanto system to incinerate liquid product? KRIEGSHAUSER REPORTING & VIDEO --------------------------- --------- ------ ---------------------------------------------------------------- drl-- 1 A. None. 2 Q. You don't know anything at all about it? 3 A. Uh-Ui (indicating no). Well, I heard 4 talk, but that's all. 5 Q. Tell me what talk you heard. 6 A. I just heard Monsanto was thinking about 7 building an incinerator at Sauget. I 8 don't know whether they ever built it or 9 10 Q. 11 12 not. What was the purpose, if you were told in that talk, that they were building an incinerator at Sauget? 13 A. They were thinking about it. I never 14 knew Uiether they did or not. 15 Q. To dispose of PCBs? 16 'f. They were going to burn a whole bench of 17 waste, that I heard about. 18 Q. Who told you about that, Mr. Jessee7 19 A. I'm searching for names. 20 Q. That's all right. We got time. 21 MR. UNITE: If you know, tell him. 22 But don't guess. 23 A. I don't want to guess that somebody told KRIEGSHAUSER REPORTING l VIDEO -------------------------------------- %----------------------------------------------------------------------zrc-- i me something and it's not the right 2 person. 3 I heard about this in my other '. 4 life when we got into this whole 5 question of compliance with RCRA, if 6 that term means anything to you. 7 0. (By Mr. Stewart) Yes, it does. --- 8 A. Okay. That's when I heard about that. 9 And I'm trying to remember when who 10 was involved or I heard about that. I 11 can't give you the name. ' 12 0. Was that when you were at the Anniston 13 plant? 14 A. No, no, no. That was after I 15 transferred up here after 1978. , 16 Q. So it was after 1978? 17 A. Yeah, it was when I was here, working 18 here. 19 Q. Where were you working here after you 20 transferred in '78? 21 A. Monsanto was in the process of forming 22 and organizing what they call a 23 corporate environnental policy staff. KRIEGSHAUSER REPORTING & VIDEO KRIEGSHAUSER REPORTING & VIOEO ADAD21-005820 HARTOLDMON0038219 1 Q. 2 A. 3 4 5 Q. 6 7 A. 8 9 10 Q. 11 12 A. 13 14 15 Q. 16 A. 17 Q. 18 19 20 A. 21 22 23 And you worked on that staff? And 1 was assigned to work on that staff following the development of regulations for RCRA. And when did you begin work on that staff and how long did you work there? I started out? in July of '78. And that went to about the middle of '86. Yeah, middle of '86. And then what did you do with the company, Just to round out your history? I did that until I retired -- l was assigned to the corporate safety and property protection department. When did you retire? In April of 1989. What prompted your retirement? You just reached retirement age or -* MR. WHITE: Fulfilled his dreams. I just decided, you know, I had seen the same thing caning around and around enough, and I decided I wanted to retire. --53 n KRIEGSHAUSER REPORTING & VIDEO 1 2 3 Q. 4 5 6 7 8 A. 9 10 11 12 13 14 15 16 V17 18 A. 19 20 21 22 23 shouldn't waste his time if he didn't have an agreement. (By Mr. Stewart) During that period of July of '78 to the mid part of '86, what kinds of things did you do in this environmental group that you were a part of? Well, 1 was assigned the responsibilities to educate the corporate officials in what environmental law that -- how the RCRA law was being developed and how the regulations to enforce that law were being developed and promulgated, with major eirphasis on the last two things. Major eirphasis on the development of it and - Development of the regulations and educating the people who had to know about these regulations and participating in submitting ccrrments and giving testimony to 6PA prior to the pronulgation of final regulations, and KRIEGSHAUSER REPORTING & VIDEO 1 Q. 2 A. 3 Q. 4 A. 5 Q. 6 7 A. 8 Q. 9 10 A. 11 12 13 14 15 16 17 18 19 A. 20 21 22 23 What hove you done since that time? Had a good time, worked hard. Have you had other enploymcnf7 No, I haven't. Did you get sane kind of severance package at that time when you retired? No. Was there any kind of agreement that you signed at that time about -No. MR. WHITE: Let him finish -THE WITNESS: Okay. MR. WHITE: Maybe there was no type of agreement. THE WITNESS: I didn't sign any agreement. MR. STEWART: He may be right. MR. WHITE: That's right. They returned my enployment contract to me. That's about the only thing ! got back. MR. WHITE: Ready, aim, fire. MR. STEWART: He's right. Lawyers 34 KRIEGSHAUSER REPORTING VIDEO 1 2 3 4 5 6 7 8 9 10 Q. n 12 13 14 15 A. 16 Q. 17 18 19 20 21 A. 22 23 tii % then taking final regulations and working with the many plant locations ard their representatives through seme environmental managers on uniformly telling people what the law meant or what the law said, what the regulations meant, and then letting them determine how that impacted than and work out programs for conpliance. Apparently then you were responsible for and if l misspeak, you certainly correct me -- but you were responsible for Monsanto taking certain positions during the camient period? Yes. - And can you tell us a little bit about -- well, maybe even a lot -- about the kinds of things you did during that period of time? Who did you work with. first, in the caipany? Most directly with the various operating caipany envirorvnental managers. They hod -- Each operating company had an KRIEGSHAUSER REPORTING & VIDEO ADAD21-005821 HARTOLDMON0038220 --------------------------------------------------------------------------------------------------------------- 1 environmental manager who was looked to 2 to consult and advise with the plant, 3 their assigned plants, on matters 4 pertaining to environmental laws. My 5 dealings with them dealt strictly with 6 the Resource Conservation and Recovery 7 Act regulations. So I would use them -8 I would get a set of preposed rules, or 9 I would look in the federal Register and 10 find them. And I'd get those guys 11 together, and I'd say, okay, you go back 12 and talk to your plant environnental 13 people and based on what you know and 14 they know, simit me a set of ccnments 15 that you think would make these rules 16 feasible, viable -- whatever you want to 17 call it -- in their plants. And if it 18 19 20 Q. 21 A. 22 looks like there's something here that's not practical or -Say so? -- say so and give me those ccmnents, and I'll submit all those back as -- in 23 a composite form to whoever the person 1 2 3 4 0. 5 6 7 A. 8 9 Q. 10 A. 11 Q. 12 A. 13 14 15 Q. 16 17 A. 18 Q. 19 A. 20 0. 21 A. 22 23 . ----------------------------------------------------------- 38--1 was in EPA who was sponsoring the prorogation of rules in that section of the rules. Who were these environmental managers that you dealt with during that period of time? Did they change? No. They were pretty constant. I don't even remember one. Was Michael Pierle involved? Yes, he was. Yes. He was one. Who else? Again, you're asking me for a bench of nanes I forgot. But it was a pretty consistent crew. Was Mr. Pierle there frem about '78 to '86? Did you deal with him? Yeah, yeah. During that whole period of time7 Pretty steadily through most of that. Uhat was his position at that time? He was one of those environmental managers I was telling you. For a division of the conpany? KRIEGSHAUSER REPORTING VIDEO ------------------------------------------------------------------------------------------------------SrV---- 1 A. for the industrial chemicals group. 2 Q. Back to Amiston. Uas Anniston ever a 3 part of the Industrial Chemical Group? 4 A. Yes. When l first went there, it was. 5 Q. 6 And during the time that you were involved with Mr. Pierle, did any issues 7 come up that dealt with anything that 8 was manufactured at some point in time 9 10 A. at Amiston? - No. Not that I recall. 11 a. Did any of the regulations ever deal 12 with PCBs or the disposal of waste7 13 A. Not under RCRA. 14 Q. What did regulate that, if you know? 15 A. The Toxic Siiostance Control Act. 16 i?. The Toxic Substance Control Act? 17 A. 18 0. Yes. That's an Italian opera. Did you deal with that at any point in 19 time? 20 A. No. 1 had a counterpart that dealt with 21 that. 22 Q. Who was that? 23 A. His name was Ronald Condre. KRIEGSHAUSER REPORTING VIDEO 1 Q. --------------- 5---------------------------------------------------------------------- -Condre? 2 A. Yes. 3 Q. How do you spell that? 4 A. I don't know. I guess C-O-N-D-R-E. 5 Q. And is Mr. Condre still with Monsanto? 6 A. I don't know. 7 0. Do you have any idea where he is? -- 8 A. None. 9 Q. So he did under TSCA what you did under 10 RCRA? 11 A. Yeah. Ue were assigned by a specific ' 12 law to follow, and we didn't cross 13 paths. 14 Q. So they may * Were they -- 15 A. I don't know -- Sorry. 16 Q. Did they come up about the same time, or 17 were y'all involved in the process of 18 making ccnments about TSCA about the 19 same time they were -- 20 A. I don't know. We never had any occasion 21 to discuss what he was doing or what 1 22 was doing. They weren't related. 23 Q. Were y'all working out of the same KRIEGSHAUSER REPORTING VIDEO KRIEGSHAUSER REPORTING & VIDEO ADAD21-005822 HARTOLDMON0038221 A. 3 Q. 4 5 6 7 Q. a s A. 10 Q. 11 A. 12 13 Q. 14 15 16 17 A. 18 19 20 Q. 21 22 23 office? Yes. Same office area. During this period of time, who was the president of the corporation? Or CEO of the corporation? MR. WHITE: Uhat period of time? (By Mr. Stewabt) '78 to '86, the same period of time I was talking about. There were two. Who? There was a ran by the name of Hanley, and then a ran by the name of Mahoney. Did Mr. Mahoney at seme point in time during this period from '78 to '86 ccme ip with what is called the Monsanto Pledge? No. That was Mr. -- Well, what is erctoodied in the pledge? I need to know that. Well, it had to do with the environment and how y'all treated the envirorment, how the company did. MR. WHITE: Object to the form. KRIEGSHAUSER REPORTING & VIDEO 1 2 3 Q. 4 5 6 7 A. 8 9 Q. 10 11 12 A. 13 0. 14 A. 15 16 \ 17 18 19 20 21 22 23 corporate citizen in the comnjnities where they operated. (By Mr. Stewart) When you say laws and legislations when they became final, did you understand that to mean environmental laws to? Sure. Any laws. I don't care what it is. Was that particular pledge or pronouncement made known to you and to people in the corrpany by Mr. Hanley? oh, yeah; oh, yeah. How was that done? He first announced that at an annual management meeting in St. Louis shortly after he became chief executive officer. Then this was printed up and published and distributed throughout the ccnpany, throughout the entire corporation, as best I know. And we posted it on bulletin boards at the plant. We had classroom sessions at the plant and told people, here's something that's going to KRIEGSHAUSER REPORTING & VIDEO 1 A. ' ------ ------- ---------- -42--. (By Mr. Stewart) What I remetrber is 2 Mr. Hanley cam? up with much broader 3 than that in terns of social 4 responsibility and this whole matter of 5 -- which would encompass things like 6 you're talking about. 7 Q. So it was more of a social a responsibility pledge? 9 A-. And how Monsanto plants would behave in 10 the ccnuuni ty and that we would abide by 11 any laws and rules that were final, that 12 kind of stuff. 1 13 Q. And you have indicated that some portion 14 of that had to do with the environment; 15 is that correct? 16 MR. UHITE: I don't know if he 17 said that, but if he did -* 18 MR. STEWART: l think he did. 19 MR. WHITE: Might have. I'm not 20 arguing. 21 A. in the infancy of all this environmental 22 stuff it was pretty general, but ft said 23 that Monsanto was going to be a good KRIEGSHAUSER REPORTING VIDEO 1 2 3 0. '4 5 6 7 A. a 9 10 11 Q. ' 12 13 A. 14 Q. 15 16 A. 17 18 19 20 21 Q. 22 23 A. be Monsanto's modus operand! in this area. Was that when you were involved in operating the Amiston plant, or was that when you were here in the corporate headquarters7 No. I think it was at -- let's see. He-- came in this about '74. So it had to be . about '75. So l was at the-Amiston plant when all this happened. And you instructed your folks as to what * Oh, yes. What they were supposed to do under that pledge? Called in niy superintendent, said we're going to have group meetings with all the employees, and I'm going to stand up ard talk to them about it. Made slides, whole nine yards. who did you work with at EPA daring this time frame, '78 to '86? I can tell you the jobs they had; I li KRIEGSHAUSER REPORTING & VIDEO ADAD21-005823 HARTOLDMON0038222 1 Q. 3 A. 4 5 6 7 a 5 10 11 12 13 Q. 14 A. 15 0. 16 17 A. 18 Q. 19 20 21 A. 22 Q. 23 A. don't remember the names. Tell me that, then. They were the managers for pranu(gaTing various sections of the rules for the enforcement of the Resource Conservation and Recovery Act. Now, working with them - - I dorf't know what you have in mind here. Did l know them"7 Did they know me? First name basis kind of thing? No. They just saw nr/ name on the bottom of ccnments that came frcm Monsanto to them. Where were they located? In Washington, D.C. Did you ever fly to Washington and meet with anybody? Seme of them, yes. And when you flew to Washington to meet with them, I assume you went on behalf of Monsanto? Yes. Did somebody else ever go with you? No. KRIEGSHAUSER REPORTING & VIDEO 1 Q. 2 A. 3 G. 4 A. 5 6 Q. 7 A. 8 9 Q. 10 11 12 A. 13 Q. 14 A. 15 Q. 16 \ 17 18 19 20 21 22 A. 23 Lobbyists are the only ones that did it? As far as I know. Tell me who that was. People out of Monsanto Washington office. Do you know any of them? No. I can't rementjer those names. It was a long time ago. Were you familiar with whether or not Monsanto had a public relations firm at that time? No. Hired? No. Did you have an internal public relations group that worked with Monsanto at that time? MR. UHITE: Are we into '76? MR. STEWART: '78 to '86. For the record, that's what I'm talking about. Yeah. There was a PR group here in St. Louis. KRIEGSHAUSER REPORTING & VIDEO r" 1 Q. ............... ................................................------------ A6--| When you were there, did you ever talk 2 i co congressucn or senators about the 3 kind of things that Monsanto wanted to ! 4 have as port of rhe RCRA rules? 5 A. No. i dealt with them. 6 Q. Sir? 7 A. a 1 only dealt with them. to a congressman. I never talked 9 MR. WHITE: Them, being the EPA 10 officials? n THE WITNESS: Yeah. EPA. 12 0. You're talking about the people at EPA? 13 A. Yeah. 14 Q. Did anybody from the corporation do 15 that? 16 MR. WHITE: Talk to -- 17 Q. (By Mr. Stewart) Congressman, Senators, . 18 about praiulgat ion of the rules and how 19 they felt? I'm not talking about a 20 lobbyist, Mr. Jessee; i'm just talking 21 about seme employees - * 22 A. If you're not talking about lobbyists, 23 then no. KRIEGSHAUSER REPORTING VIDEO 1 Q. (By Mr. Stewart) Did you work with them 2 at any point in time in the work that 3 you did from '78 to '86 in making 4 ccnments and reading Monsanto's corrments 5 about the prcnulgation of the RCRA 6 rules? 7 A. No. --- 8 Q. What about the medical group? Was there 9 a medical group here at any point in 10 time that you worked with? 11 A. There was a medical group here, but I ` 12 didn't work with them on any rules for 13 RCRA. 14 Q. When you were involved at Anniston, did 15 you ever have any contact with the 16 medical group here? 17 A. Yes. 18 Q. Who? 19 A. Early on. Dr. Kelly, 1 believe it was. 20 Q. Is that Emnet Kelly? 21 A. Emnet Kelly. I think he retired some 22 place in there. Then after that with 23 Dr. George Rousch. . KRIEGSHAUSER REPORTING & VIDEO ADAD21-005824 HARTOLDMON0038223 1 Q. 2 A. 3 Q. 4 5 6 7 A. 8 Q. 9 10 A. 11 12 13 Q. 14 A. 15 Q. 16 17 A. 18 Q. 19 20 21 A. 22 Q. 23 A. What did you work with Mr. Kelly on? Employee disability questions. Did you ever have any conversations with either one of those people about anything other than, say, enployee disability? No. J was the particular question that came Lp, if you recall, about that7 V^iether the disability was total and permanent or not, as it affected the severance pay of an enployee. One enployee in particular? No. Several over a period of time. Okay. But other than that, that's the only contact * That's the only major business. When you first went to the Monsanto plant in Anniston, who did you talk to about that plant? The plant manager that 1 was replacing. Who was that? His nane was William Papageorge. KRIEGSHAUSER REPORTING & VIDEO 1 2 3 4 Q. 5 A. 6 7 8 9 10 11 12 13 14 15 16 \ 17 18 Q. 19 20 21 A. 22 Q. 23 and l talked to him on very infrequent occasions for a couple of years after that. What did you talk to him about? On some question l would have about, Bill, do you rement>er the origin of this particular labor agreement, or this particular grievance that was brought forward that you were involved in? Or some personnel change that was rede? Or --We didn't talk about environmental problems, per se, although l knew that he had some role in trying to somehow coordinate Monsanto's overall PCS -whatever you call it, situation or potential or whatever, what I gathered his job was. So his job, as you understood it after he left the Anniston plant, had to do with PCBs? That's what I understood. And the company's response? Would that be fair to say? To the PCB potential? KRIEGSHAUSER REPORTING & VIOEO 1 Q. 2 3 A A. 5 0. 6 A. 7 Q. C A. 9 10 11 12 13 14 15 14 17 18 0. 19 20 A. 21 Q. 22 23 A. Mr. Papageorge? Had Mr. Papageorge been there for an extended period of time before you went there7 You mean -Nunber of years7 Few years, yeah. What did he tell you? Well, he just talked to me m general about the plant operations and about the safety and the quality and the yields and the personnel and just general overview of the -- what goes on and what you - who you deal with day to day in the plants. He took me out in the plant and intreduced ms to a co,ir*le of folks. And l didn't see him anymore. Did you ever talk to Mr. Papageorge after you saw him on that occasion? Yes. When did you first talk to him? Again, after you saw - * He was transferred up here to St. Louis, ----^---- ) KRIEGSHAUSER REPORTING & VIDEO 1 A. It 1 don't know how far that went. I only r-1 2 know what we did down there with regard 3 ro rhat. 4 0. We'U get to that in a minute. 5 A. I know we will. But that's all I know. 6 a. I want to find out what you know -- 7 A. Yeah. -- 8 Q. - - about Mr. Papageorge arid what role he 9 played. 10 A. I don't know what all he was involved in 11 other than Mr. PCB for Monsanto. He ` 12 never --He didn't direct or order me to 13 do anything. Is that what you wanted to 14 know so far7 15 Q. So far, Mr. Jessee. That's a good 16 enough response to tnai And 17 we'll get into it probably a little 18 later. It's not a trick question. I'm 19 just trying to find out what you knew -- 20 A. Ask away. I'll tell you wfiat I 21 renxarber. If I don't know. I'll tell 22 23 Q. you I don't know. Fine. What you had just indicated was KRIEGSHAUSER REPORTING & VIDEO ADAD21-005825 HARTOLDMON0038224 --------------------------------------------------------------------------------------------------------------- si-- 1 that you had some kind of difficulty 2 while you were plant manager or some 3 kind of problem, maybe, with PCBs while 4 you were plant manager? 5 6 A. MR. UHITE: Object to the form. 1 didn't have any problem. 7 Q. 8 (By Mr. Stewart) You dealt with something that was related to PCBs while 9 you were plant manager in Anniston? 10 A. In the first couple of three years, 11 yeah. 12 Q. Uhat was that? 13 A. Well, I'll have to kind of give you this 14 in a narrative. 15 Q. That's fine. 16 A. Seme time prior - - and 1 don't know how 17 much prior to my getting there -- the 18 plant technical people were made 19 knowledgeable of the potential 20 environmental problem that might develop 21 with regard to PCBs. Shortly after I 22 got there -- and ! guess between that 23 time and the time I got there, they had 1 2 3 4 5 6 7 8 9 10 11 12 13 u 15 16 17 18 Q. 19 20 A. 21 22 23 been in the process of trying to identify, study, develop some knowledge and understanding as to what the plant's inpact might be on the envirorment in tents of quantities of PC8s leaving the plant through a liquid water discharge that went into a set of creeks and rivers and tributaries that went dovn towards Birmingham. Within a short period of time after I got there, they put together a program of what they had found and whatever information they had, which was pretty sketchy at the time, as to what had appeared in sane scientific journals or the media about the potential problem that might develop with PCBs. What was that, now? What did you understand that to be from -1 don't know -- It was just a potential problem. Then what they did was they got together, and they went down to Montgomery. And they talked with the KRIEGSHAUSER REPORTING S VIDEO ---------------------------------------------------------------------------------------------------------------55-- 1 technical manager for the Alabama Water 2 Improvement Commission. 3 Q. AUIC? 4 A. And they told him about what was coming 5 out of the woodwork about all this. And 6 he apparently had not picked up on a lot 7 of that stuff. But we went down there 8 and volunteered what we knew. We 9 volunteered seme rather crude 10 information about what had been measured 11 as a release, at what was released out 12 of this liquid waste stream into the 13 local creek. 14 And we told him that we were 15 having a terrible time developing a good 16 \ measure to give an accurate measurement 17 of what concentrations of PC8s were in 18 that stream. Seemed to be a very 19 difficult problem to develop a good 20 analytical method to do that. We also 21 had heard and read -- They had before I 22 got there -- knew about claims in the 23 literature that this might be picked tp KRIEGSHAUSER REPORTING S VIDEO ------------------------------------- ,------------------------------------------------- --------------------- 1 in living organisms. 2 So they had contracted with some 3 rrarine biologists out of Tulane to do 4 some stream sampling to find out if the 5 stuff was deposited or picked up in 6 fish. 7 MR. UHITE: Mr. .lessee, you said___ 8 "they"? 9 THE WITNESS: This group out of 10 the plant. 11 MR. WHITE: That was what I 12 thought you meant. 13 A. And they told the technical manager -- 14 his name was Crockett, Joe Crockett. 15 They told him about all this. The 16 upshot of all this was Crockett said we 17 better go over to region four and talk 18 with EPA. So he got with us, and we 19 went over there, and we talked with the 20 director of EPA and sane of his staff. 21 And we told him what we had found out, 22 what we were trying to develop, and what 23 we were trying to identify, if this KRIEGSHAUSER REPORTING & VIDEO KRIEGSHAUSER REPORTING S, VIDEO ADAD21-005826 HARTOLDMON0038225 know, tell him. don't know exactly. Many, many years many, many years. (By Mr. Stewart) Give me your best judgment. You have a right, Mr. Jessee, and ( have a right to ask you for your cest judgment. 1 certainly wouldn't want you to speculate, there's nothing wrong and nobody would hold you -wnat's your best judgment as to how ong? any, many years. ; you know how many pounds of steel ttoms and solid waste y'all were <ing up there and burying, say, in a /n year? d *t be in excess of a million ds? z know. Of course there are many :s involved in giving an answer on a year, because none of the there was anything normal. RUSFR OFrORTlNG S VIDEO 3 determination as to how much :te was buried in that landfill e street? WHITE: Object to the form, wasn't our priority, ewart) That was not? * our priority. HITE: He just asked you if There was anything done. He :idn't ask for an xpl anat ion. "NESS: Okay. No. rt) What was your take care of the liquid oam going out in Snow ne manufacturing process? >une, based on what you waste stream, ^^ffere every day? they it d we iat basis. i cant r we put on, > we fibers, ice to us jgents ioeo t in time, i there or what he adverse light cause? hing at all i performed on anager there from correct? - mat ively.) time y'all had a PCS - it for all that in there you did? alf, something like tou anything at all n effects during that develop evidence that what you're doing is not good enough, you'll have to tighten your belt some more. And we said okay. Ard we operated on that -58- basis. Ard then there was a decision made to discontinue to manufacture altogether. And ! advised the regulatory agencies of that. And we kept on sending them results of that stream after we quit manufacturing for a period of months. Then l wrote to them ard said, "Can' we stop doing this?" Because we're not making it anymore. And they said okay. That's what l know. Mr. Jessee before you went down there it's my understanding that Mr. Papageorge didn't tell you anything about the PCS problem. . Before ! went down? MR. WHITE; Object to the form. ^. No. ). (By Mr. Stewart) And did he tell you egshauser reporting & VIDEO KP1 MR. W%HITE: Object to the form. (By Mr. Stewart) That PCSs might cause? \ don't remember anything specific. And he never told you anything, did he, Mr. jessee, about tests that were ^erfor^ed on rats and other animals by the company through an independent lab _ called j8T? I don't remenber ever hearing anything about that. I trey have, but 1 don't remenber it. And Mr. Papageorge did rot tell you anything about - Did he ever indicate anything to you about a study called the Drinkard study? I don't remenber chat term. Now, during that period of time that you managed this plant, Mr. Jessee, what do you know about what happened to that yt i waste that Cofne off of the pr Q7 PCBs? Well, the liquidwaste that \ talked about, which the regulatory agency -- we ADAD21-005827 HARTOLDMON0038226 ,------------------------------------------------------------------------------------------------------------------------ 1 voluntarily went to the regulatory 2 agencies with, ard they in turn tried to 3 work with us in reducing it down to as 4 low as we could, conditional on our 5 being allowed to continue to operate 6 unless EPA or the State of Alabama found 7 that it had tb be reduced even more. a The other stream - The other 9 wastes were solid wastes, which were 10 tars frcm the process, which we buried 11 in the landfill across the street. 12 MR. UNITE: Time to stop for a 13 break? 14 MR. STEWART: Yeah. 15 Q. (By Mr. Stewart) So you buried tars 16 across the street in a landfill that 17 y'all operated? 18 A. Yes. 19 Q. 20 And that process had been going on for how long? How long had that particular 21 landfill been used, if you know? 22 A. I'm guessing. 23 MR. WHITE: Oon't guess. If you i 2 A. 3 A 0. 5 6 7 8 9 10 11 12 A. 13 Q. 14 15 16 17 A. 18 0. 19 20 A. 21 22 23 know, tell him. I don't know exactly. Many, many years; many, many years. (By Mr. Stewart) Give me your best judgment. You have a right, Mr. Jessee, and i have a right to ask you for your best judgment. 1 certainly wouldn't want you to speculate. There's nothing wrong and nobody would hold you * What's your best judgment as to how long? Many, many years. Do you know how many pounds of steel bottoms and solid waste y'all were taking up there and burying, say, in a given year? No. Would it be in excess of a million pounds? I don't know. Of course there are many things involved in giving an answer based on a year, because none of the time I was there was anything normal. 62"- KRIEGSHAUSER REPORTING VIDEO 1 Q. 2 3 4 5 6 A. 7 Q. 8 9 A. 10 11 12 Q. 13 14 15 A. 16 \ 17 18 19 A. 20 Q. 21 22 23 1 certainly wouldn't want you to speculate about that. But, Mr. Jessee, is it not correct that one could make an estimation based on production as to how much waste you would have? Yes. You have an ability to calculate that based on production figures? If 1 knew -- If I could remenber what the ratio was, but I don't remenber. So I can't help you. Certainly. But there's somebody in the company ard alive today that can give us that, isn't there, Mr. Jessee? I don't know. MR. WHITE: If you know what somebody else might know. answer it. I don't know Donald. (By Mr. Stewart) Ouring this period of time when you all were discussing this potential problem with Mr. Crockett ard others, was there ever any effort made KRIEGSHAUSER REPORTING VIDEO _:--------------------------------------------------------------------- ^--. 1 to make a determination as to how much 2 solid waste was buried in that landfill 3 across the street? 4 MR. WHITE: Object to the form. 5 A. No. That wasn't our priority. 6 Q. (8y Mr. Stewart) That was not? 7 A. That wasn't our priority. -- 8 MR. WHITE: He just asked you if 9 there was anything done. He 10 didn't ask for an 11 explanation. ' 12 THE WITNESS: Okay. No. 13 Q. (By Mr. Stewart) What was your 14 priority, to take care of the liquid 15 waste0 - 16 A. That waste stream going out in Snow 17 Creek. j 18 Q. That came off the manufacturing process? i 19 A. Yes. 2j Q. Now, 1 would assune, based on what you 21! have told me about that waste stream. 22 chat it caiiie off there every day? 23 A. Yes. KRIEGSHAUSER REPORTING S VIDEO KRIEGSHAUSER REPORTING S VIDEO ADAD21-005828 HARTOLDMON0038227 p------------------------------------------------------------------------------------------------------------ 65-- 1 Q. Do you have an estiiration as to how many 2 pounds you lost per day of liquid 3 product into the -- 4 A. Just as a normal routine, there were 5 sane nuibers. I don't remerrber them. 6 And I know that those nurbers went down 7 and down and down after we came back to 8 the plant and implemented a lot of 9 little changes to clean things up. We 10 didn't do one big thing; we did a lor of 11 little things. 12 MR. WHITE: Is this a good 13 stopping place? 14 MR. STEWART: Yeah. Take a quick 15 break. 16 [A break was taken.] 17 Q. (By Mr. Stewart) Mr. Jessee, we were 18 talking about some things that you were 19 not made aware of. First, tell me what 20 types of Aroclors were y'all making at 21 the plant there. 22 MR. WHITE: Let me object to the 23 prefatory statement. Go ---------------------------------------------------------------------------------------------------------- --66--j 1 ahead. Object to the form of 2 it. 3 A. Uhat kinds of Aroclors7 4 Q. (By Mr. Stewart) Yean. 5 A. Uell, based on what the customer 6 ordered, I think there were three or 7 four different kinds. 8 Q. And * - 9 A. 10 To define kind, it's the degree of chlorination, each product had a 11 different degree of chlorination. 12 That's all i can tell you. 13 Q. And Aroclors are PCBs, are they not? Is 14 15 A. that y'all's name for PCBs? For all but one, and it's not a PC8. 16 u. what is that? 17 A. it's the monochlorinated biphenyl. 18 a. Made there at the plant too? 19 A. Yeah. 20 u. Do you know the level of production that 21 was underway there at the time you first 22 went down there? First let me ask you. 23 do you measure it in pounds? KRIEGSHAUSER RETORTING & VIDEO --------------------------------------------------------------------------------------------------------------- 67-- 1 A. Yes. 2 G. And do you know the amount? 3 A. Seems to me like it was 40 million 4 pounds a year, that kind of a thing, 5 6 Q. kind of a nurber. Now, off of that production, do you know 7 what the waste stream or solid waste 8 would be that would ccme off that 9 10 A. production? - No. I don't remember. 11 Q. But there was a ratio or a nurber that 12 you could apply to that? 13 A. Yes. 14 Q. Tell me, if you would, if you know, how 15 long had they been manufacturing 40 16 \ million pounds a year there at that 17 plant? 18 A. That's difficult for me to know because 19 I don't know how the plant was expanded. 20 so I can't -- They had the capacity to 21 make more than that, they just didn't 22 make that much when I got there. 23 MR. WHITE: He just asked you how KRIEGSHAUSER REPORTING & VIDEO ------------------------------------- -------------------------------------------------------------------------6ft--, > 1 long had they been making 2 that if you know. 3 A. Several years. I know that. ' 4 0. (By Mr. Stewart) As many as ten? 5 A. 6 Q. Yeah. I'd say so. Maybe twenty7 7 A. I don't know that far back. I don't 8 know if they had the capacity to do 9 that. 10 a. Uhen you say it had the capacity to do 11 more, what's the - what capabilities 12 did it have? What could you have 13 manufactured there7 14 A. A nurber of 70 million comes to mind. 15 Q. At any point in time during the '69 and 16 '70 period, was there a decision made to 17 increase production at the plant? 18 A. No, not that 1 know of. 19 0. Are you familiar with the board of 20 Monsanto's decision in '69 to increase 21 production at the Amiston plant of 22 PCBs7 23 MR. WHITE: Object to the form. KRIEGSHAUSER RETORTING & VIDEO KRIEGSHAUSER REPORTING S VIDEO ADAD21-005829 HARTOLDMON0038228 -- 1 A. 2 Q. 3 4 5 6 7 A. s G. 9 10 11 12 13 14 A. 15 16 17 Q. 18 19 20 21 22 A. 23 ......... ... .................. ------------------------- c*y -- NO. Not Of PCBs. (By Mr. Stewart) Was there a replacement product that was being worked on at the time that you first went to Anniston? There was, wasn't there? Not that 1 knt>w of. So it's your testimony here today that Monsanto was not looking for a replacement product for PCBs? MR. WHITE: Object to the form. He stated he just didn't know. I don't know whether they were or not. That wasn't part of what I was working doing, i wasn't privy to that. (By Mr. Stewart) Who would have been involved in that process during that period of time? MR. WHITE: Object to the form again. I would say the research people, I guess. I mean, I don't know. [ know 1 2 3 Q. 4 5 6 7 A. 8 Q. 9 A. 10 Q. 11 i1 -c) A. 13 14 15 0. 16 17 18 19 20 21 22 23 Q. they're the ones that develop new products. (By Mr. Stewart) Who managed that waste storage facility across the road there during the time that you were there, the landfill? Fellow by the name of Sill Taffee. What was Mr. Toffee's position there? He was a technical employee. Did he manage that landfill during the time that you were there? He looked after it and made sure it complied with the requirements that the state had for landfills. What, if you recall, were those pewents^ Did they change at any point in time? MR. WHITE: He asked you two things. Nunber one, what the r-ey-ji 11 eonionre uoro anrl ru nfvir two, if you know if they have changed. (By Mr. Stewart) If you need help frem KRIEGSHAUSER REPORTING & VIDEO ^ 1 2 3 4 5 6 7 8 A. 9 10 11 12 13 14 Q. 15 A. 16 1?. 17 A. 18 19 20 Q. 21 A. 22 23 Q. Jerry understanding it - - I think mayoe Jerry needs sane help by the time he says it so that he understands it too. But if you don't understand the question, you can ask me. Or if I ask it in a carpound fashion and you want to break it down, go ahead and do that. Welt, there's criteria for that they call vector control,-which is what the Alabama people use to say what had to be - what had to be conditions in operating procedures at a landfill. And we complied with that. Uho adninistered that? For Alabama? Yes. It's out of the same overall body that AWIC was part of. I don't remefiber who they were. Vector control? That's what they called it for landfilIs. What types of things -- KRIEGSHAUSER REPORTING S VIDEO ^--------------------------------- --------- ------------- ------------------------------------------------------fC-- 1 A. -. They just made sure that you ouned your 2 waste every day, that you kept it 3 properly contoured, that you inspected .4 it to make sure that there was no 5 rui-off that would adversely affect 6 anybody or anything that you knew about. 7 And from tine to time we made grade -- a changes and things like that to comply 9 with that. But the few times that I 10 went up there -- maybe I'd go up there 11 once or twice a month * the guy vho 12 took, care of burying the waste did a 13 nice job every day. 14 Q. You went up to the landfill itself? 15 A. Yes. 1 went out in the plant and up to 16 the landfill well, out in the plant 17 about every day. But that landfill, I 18 didn't go up there but maybe once or 19 twice a month. 20 u. And when you went to the landfill once 21 or twice a month, what were you looking 22 for? 23 A. I was looking to see if he buried the KRIEGSHAUSER REPORTING S VIDEO KRIEGSHAUSER REPORTING & VIDEO ADAD21-005830 HARTOLDMON0038229 I 2 Q. 3 5 6 7 8 9 10 A. 11 0. 12 A. 13 14 15 16 17 18 19 20 21 Q. 22 23 waste and covered it ip. You mentioned that there was one other -- Vector control was one way they regulated the landfill in Alabama at that time. And there was one other -and maybe I misunderstood you. There was one other* provision or rule or regulation or set of rules and regulations? 1 didn't mean to say that. That was it? It's called vector control. And I subsequently found out that had to do with -- in most places of not creating a situation in which mosquitoes and flies and stuff like that could multiply and breed. That's why they called it vector control. But they applied it -- the generic term to alt landfill operations in the state. You indicated that those controls were in place to make sure there was no ruvoff so that it didn't affect what? KRIEGSHAUSER REPORTING & VIDEO 1 A. 2 Q. 3 A. 4 Q. 5 A. 6 7 8 9 Q. 10 11 12 A. 13 Q. u 15 16 'll. 17 18 19 20 21 Q. 22 A. 28 No, not solid waste. What kind of waste would it be? Liquid waste. What did you do with it? Ran it through our own activated sludge treatment system, and then it went down the city's treatment system and then out. Where did these liquid discharges off of the Aroclors go? Where did they eventually wind up? Liquid discharges? Tou indicated that there was some waste water discharge ccming off that had Aroclors in it? feah. Trace quanti ties. Small amounts. Yeah. It was all collected and ran ip through Those limestone pits in the front of the plant and out into Snow's Creek -Choccolocco? Then Choccolocco and down towards Logan Martin. KRIEGSHAUSER REPORTING S VIDEO 1 2 3 4 A. 5 6 Q. 7 A. 8 9 Q. 10 A. 11 12 13 14 15 Q. 16 17 A. 18 Q. 19 20 A. 21 Q. 22 A. 23 Q. What were they attempting to protect at that tine with that particular part of the rule7 Running away n un wnat yuu wi c Owning and operating on to something else. What waste did you bury up there? We buried the -- these were solid wastes we buried up there. Certainly. included all the office waste, included the tars from the PC from the Aroclor operations, it included the packaging wastes from the para-nitrophenol operations. Uere y'all making parathion when you were there? Yes. Did you bury any of the parathion waste up there? No. What happened to it? We didn't have any. So there's no parathion waste? KRIEGSHAUSER REPORTING & VIDEO 1 0. * Tell mo if you made -- on your regular fb 2 trips through the plant, if you made an 3 effort to look at those? Were there 4 ditches, discharge ditches that were 5 located at certain points on the plant? 6 A. No. They were all collected and sent 7 out in one discharge in front of the -- 8 plant. 9 Q. One discharge in front of the plant? 10 A. reah. They collected it from various 11 parts of the process and then piped out 12 to that one discharge out of the plant. 13 0. So there was not a discharge off of an 14 old landfill that y'all had swapped to 15 the Alabama Power Ccnpany7 There was. 16 not a place that -- 17 A. I never heard of that. 18 Q. During the time frame that you were 19 there did anybody ever tell you where 20 other waste had been buried or where 21 waste had been buried before y'all had 22 the landfills that were -- 23 A. i No. KRIEGSHAUSER REPORTING & VIDEO ADAD21-005831 HARTOLDMON0038230 -------------------------------------------------------------------------------------------------------,<-f-- j 1 Q. -- across the road? No one told you -- 2 A. Nobody told me they had been buried 3 anywhere across the road. 4 U. So during the whole time you were there 5 as plant manager, you were unaware of 6 the fact there was another landfill that 7 had been used at some point in time that 8 was located on the plant site? 9 A. No. I never knew about that. 10 Q. How long had Mr. Papageorge been there 11 before you got there? i 12 A. I don't know. 13 Q. Was there a piece of property that was 14 contiguous to the plant or located on 15 same side of the road as the plant site 16 on viiich the Alabama Power Company had a 17 substation during the time that you were 18 there? 19 A. Yes. 20 Q. And where would run-off, if there was 21 surface ruroff, that hit that 22 particular portion of the property there 23 where the substation was? Uhere would 1 2 3 A. 4 5 Q. 6 7 c 9 10 11 12 13 14 Q. 15 16 17 18 19 20 21 Q. 22 23 that have mode its way, if you know. Mr. Jessee. if you recall' I don't know. I don't remenber the topography. 1 don't know. Let me show you a map we'll mark. And let ne just say it was not the best drawing but the best could get, we'll iitdi 14. cJi riaim i i i d waii i wi i, whc. ii ask you, if you will, to tell me where the discharge points are. This shows the new 202. LM1IWK ll. CWVl -w*=x was marked.] (By Mr. Stewart) Let me show you Jessee One. Unfortunately, that's the only one I'vs got. MR. STEUART: If y'all don't mind, I'd like to approach Mr. Jessee. up WHITE* That's fine. (By Mr. Stewart) Mr. Jessee, this is your conpany property. Can you tell me -- This is the new 202, I'm pretty sure, ----- Hi-- KRIEGSHAUSER REPORTING l VIDEO 1 2 3 4 5 6 A. 7 Q. 8 9 10 11 A. 12 13 Q. 14 15 16 \ 17 18 19 20 21 22 A. 23 Mr. Jessee, the dark line there in the middle of this exhibit. Can you tell me just generally vhere the discharge point was off of the plant? This is Clydesdale (indicating). For what? Well, you mentioned that there was waste water earning off the plant. ! want to know, if you know --and I'd ask you to marie it -- where that was. Did it -I don't understand. Waste water from what? The processes that you were talking about. Maybe I misunderstood your answer a minute ago. You indicated that in the process that you were losing Aroclors, or some trace level of Aroclors, that was winding up eventually in Snow Creek. Was there some point or some place where that cane off the plant site? Yes. MR. WHITE: Object to the form. 1 2 A. 3 0. ' 4 A. 5 6 7 8 Q. 9 A. 10 11 ` 12 Q. 13 14 A. 15 16 Q. 17 18 19 A. 20 0. 21 22 A. 23 Q. KRIEGSHAUSER REPORTING & VIDEO k Co ahead. * There was one point. (By Mr. Stewart) Can you -- Right out here in front where yuu useu to You got to help me. When I was there, you got into the plant by 202, came down this way. -- Draw what - - As I remenber. And you went right into. the plant rear here (indicating), and the discharge was -* don't know -- And i know you may be a little disoriented from the map. SeeiiK to ne like it ran -- came out and ran under the old 202. So you're saying that the discharge that you're talking about ran under the old 202? Yes. And then evenrually wound up in Snow Creek? Yes. All right. C KRIEGSHAUSER REPORTING & VIDEO KRIEGSHAUSER REPORTING & VIDEO ADAD21-005832 HARTOLDMON0038231 j--------------------------------- --------- -------------------------------------------------------------------- 81-- 1 A. I don't think Snow Creek shows. 2 MR. WHITE: Evidently this is -- 3 Is there a bigger version of 4 this that's got more to it? 5 MR. STEUART: No. I've got just 6 sort of limited maps that I 7 brbught. a MR. WHITE: That's all right. 9 Let's go ahead. 10 MR. STEUART: This may be a little 11 better. Let's mark this as 12 Jessee Two. 13 (Jessee Exhibit NuTber Two 14 was marked.] 15 Q. (By Mr. Stewart] If you can give me 16 seme kind of idea about where that was, 17 Mr. Jessee. This is the plant site here 18 (indicating). 19 A. That'll help me, if I can identify those 20 buiIdings. 21 Q. Teah. 22 A. I can't read that. You can use a pen. 23 Just show me where the discharge came 2 3 4 A. 5 6 7 8 9 Q. 10 A. 11 Q. 12 13 A. 14 15 16 17 18 19 20 21 Q. 22 23 off. Here's Clydesdale (indicating). [Discussion held off the record.] i want to get oriented to a building someplace. I can't read that, Donald. Can you? ! don't understand -- Is this -- Which is the plant site, here (indicating)? (By Mr. Stewart) Here's the plant site. All of that? Yes. Why don't you use this pen. It'll be a little better. If I could find out where that big warehouse was that you could see frem the street before you entered the plant, there was a big warehouse building over there. And right adjacent to the corner of that warehouse was where all of that waste was collected through a sewer system that ran into those pits. So actually what happened is you collected the waste in a sewer system that went into the limestone pits? 82-- KRIEGSHAUSER REPORTING & VIDEO 1 A. 2 3 Q. 4 5 A. 6 Q. 7 A. 8 Q. 9 10 11 12 13 14 15 16 17 18 Q. 19 20 21 A. 22 Q. 23 Yeah. And that discharged right across under the road, as I remerrber. And that was -* Those pits were out in front of the plant site? Yeah, yeah. Back before the new 202 was put in? Yes. Okay. Don't worry about those exhibits. That pretty well explains what it was I was talking about. Now, did you ever look at any ditches? Were there ditches that surface water run-off on this plant site would have gone into and left the plant site? Probably. 8ut I couldn't identify where they were. Did you ever go and take a look at those ditches during the time that you were plant manager there? Mo. Did any of your people chat worked for you ever go and look at those ditches? KRIEGSHAUSER REPORTING & VIDEO 1 A. 2 Q. 3 A. '4 5 Q. 6 A. 7 0. 8 9 A. 10 11 Q. ' 12 A. 13 Q. 14 15 A. 16 17 18 19 Q. 20 A. 21 22 23 Yes. % Who would that have been? Bunkie Wright, i was trying to remenber a nane. Bunkie Wright? Bunkie Wright. Mr. Wright, what was his position white -- he was there with you? He was a technician that dealt with such matters. Did he deal with environmental issues? Yeah. Did he ever report to you having seen waste or process waste in those? He didn't report to me. His boss may have said something about it, but i don't remember. He may have told his boss and his boss told me. Who did he report to? Over a period of time several people. Chief chemist, I think. Maybe Joe Londwehr. Mayoe he was in Joe's group before that got dissolved. I'm KRIEGSHAUSER REPORTING & VIDEO KRIEGSHAUSER REPORTING & VIDEO ADAD21-005833 HARTOLDMON0038232 1 2 3 4 5 Q. 6 A. 7n 8 9 10 11 12 A. 13 Q. 14 A. 15 16 Q. 17 18 A. 19 Q. 20 21 22 A. 23 Q. guessing. But I know he was the main player in going outside the plant and I.OOkino arniriH inc;idp rhp nlant for anv evidence of materials. Leaving the plant site? Yes. nid ho Hn rh/f camo rh i na - Hid Mr. Wright do the same thing for the area that would have been uo across the road? Across the road, I mean by old 202 where y'all buried the waste. No. That was Taffee. Taffee that responsibi lity? Yeah. Because he was responsible for that landfill. Were there not ditches that were leading off of that landfill? Not to my knowledge. Nowf at any point in time during the time that you were there, did y'all c1ose a (andfill? No. So at the time you left in 1978. the KRIEGSHAUSER REPORTING & VIDEO 1 2 3 Q. 4 5 A. 6 ~ir G. 8 9 A. 10 11 12 13 0. 14 15 16 \ 17 18 19 A. 20 Q. 21 22 23 A. neutralized. So there was a limestone pit for that. And that was located where on the plant site? Back over on the north side with the parathion plant. Would be north of the plant over toward the railroad? Yes. Adjacent to the parathion process. And I don't know if I got my directions right or not. I think north is probably right. Now, tell me if there was any point in time during the time that you were Ultri e, I 11 b i., Wnei c mi uC iyi ui iai S, steel bottoms from the Aroclor process, were buried anywhere other than that southern landfill? No. What about east of the plant? Did Monsanto own property that was east of the plant? Not to my knowledge. KRIEGSHAUSER REPORTING & VIDEO in CO ---------------------------------------------------- ----------------------------------------------------------86--, 1 landfills chat were across the road were 2 still open and being used? 3 A. As far as ! know, yes. 4 a. And that would be true for -- Did y'all 5 have a landfill or seme open pit that 6 you used to deposit waste on the plant 7 8 A. site itself? No. Not that I'm aware of. 9 Q. Other than this collection pit or 10 limestone pit, is that the only pit that n was open? 12 A. For Aroclors waste, yeah. That's the 13 only one I know about. 14 a. For any other waste. Was there another 15 landfill type or waste type disposal 16 area that would have been used by 17 Monsanto during that period of time that 18 you were there on the plant site itself? 19 A. Yes, there was. There was -- It was 20 associated with the parathion process. 21 0. 22 A. 23 So there was a parathion waste -There was an acid stream that came out of the parathion process that had to be KRIEGSHAUSER REPORTING VIDEO 1 0. 2 3 ' 4 A. 5 6 Q. 7 8 9 10 1 1 A. ' 12 13 Q. 14 15 A. 16 17 Q. 18 A. 19 Q. 20 A. 21 22 Q. 23 A. a______________________________ ____________________ 1-------------- Do you recall a church that was located east of the plant, predamnantly black church? Missionary Baptist Church? 1 know it was over there, but I don't remenber where. Do you remember at all, Mr. Jessee, where the landfill that was south of old-- 202 was in connection with that plant? Was it ** 1 mean that church. Was it near that church? I don't remenber, because I can't place the church. Was Jerry Brown working for you during that period of time? He worked at the plant. He didn't work for Ht-. was he a chemist? Yes. Did he work for Mr. Landwehr? No. He worked for the chief chemist. His none was Belt. Toby Be in Yes. KRIEGSHAUSER REPORTING & VIDEO ADAD21-005834 HARTOLDMON0038233 --------------------------------------------------------------------------------------------------------------- g9-.- 1 Q. 2 During that period of time did you instruct anybody to buy anything from * 3 any Livestock? 4 A. Pigs. 5 Q. 6 Who did you tell to buy pigs during that period of time? 7 A. 8 Some employees from the plant. 1 can't remember who they were, but 1 asked him 9 to go over and talk to the -- talk to 10 seme other black employees and cell who 11 the pig owners were, to go talk to them; 12 we had a concern here. And asked them 13 if -- and we were told you talk to the 14 preachers in two churches there. 15 Q. Who was that? 16 A. Who was that, what? 17 Q. Uho was it that you talked to? 18 A. Two of the ministers at those two 19 20 Q. churches. What did you talk to them about? 21 A. 22 We told them that we had a concern about an issue, envirormental issue, and that 23 people had pigs roaming around over ---------------------------------------------------- ----------------------------- -----------------------90-- 1 there and we didn't know where they had 2 been or what they might have got into, 3 and we didn't want anybody to eat those 4 pigs. And tell the people we'd buy them 5 from them at a good price. And we -- I 6 didn't want them running their livestock 7 or whatever they had over there -- just 8 letting them run wild and crawling under 9 fences or whatever might have been up 10 there. And they did. And we bought n them. 12 Q, You bought the pigs? 13 A, Yeah. 14 0. And do you remenber or recall -- and I 15 know this is going a ways back -* Did 16 you buy pigs frcm one or two people? 17 A. 1 don't know how many. I know we bought 18 them all. 19 Q. You bought all the pigs? 20 A. Every pig they could herd over into a 21 22 0. truck. That were being raised on property that 23 was east of the plant? KRIEGSHAUSER REPORTING & VIDEO 1 A. 2 Q. 3 4 A. 5 Q. 6 A. 7 Q. 8 9 A. 10 Q. 11 A. 12 Q. 13 A. 14 Q. 15 16 17 Q. 18 A. 19 Q. 20 21 22 A. T7 Yes. Yeah, across 202 from the plant. And were PCBs what y'all were concerned ahni if? Yes. At that time? Yes. Now, was it your concern that the pigs had eaten something that had PCBs in it? Yes. ' Oid you test the pigs? No. What happened to those pigs7 They were slaughtered and buried. Monsanto had someone, I assure, to slaughter the nigs and burv the pigs? Yes. Who did that for you? I don't know. Who handled that particular matter from your - - in your errploy? Mr. Bell or Mr. Brown or -No. None of those people, i forgot who KRIEGSHAUSER REPORTING & VIDEO ________________________ %_______________________________ I------------------ 93--, 1 Q. Do you remenber the names of the 2 preachers? 3 A. No, i do not. 4 Q. But they were the preachers that were 5 then preaching at those two black 6 Baptist churches that were located over 7 there? -- 8 A. Yes. That's who we talked to. Ue were 9 told that the best place to .go if you 10 want somebody to explain to the people 11 , -- who owned the pigs to sell the pigs, ' 12 get rid of them. 13 0. Oid you talk to anybody other than those 14 two preachers? 15 A. 16 Q. As far as I know, nobcdy else. Did you talk to the preachers yourself7 17 A. I didn't know. 18 Q. who did that7 19 A. I don't know. I can't tell you. 20 0. And were you present? I mean, you 21 weren'r present when the conversation 22 took place? 23 A. No. KRIEGSHAUSER REPORTING & VIDEO KRIEGSHAUSER REPORTING & VIDEO ADAD21-005835 HARTOLDMON0038234 --------------------------------------------------------------------------------------------------------------- 1 0. 2 How is it, then, that you know what was said, Mr. Jessee, to those preachers? 3 MR. WHITE: I don't think he 4 did -- 5 A. I don't know what was said. 6 Q. (By Mr. Stewart) You don't know what 7 8 A. was said to them? 1 know the subject matter that they were 9 supposed to be talking to them about, 10 which was, you know, we have a concern 11 about an issue here. And we don't think 12 people ought to eat those pigs. 13 Q. So there was -- You don't know who it 14 was and you don't actually know what was 15 said, but you do know that the pigs were 16 purchased? 17 A. Yeah. I knew that for a fact. 18 Q. Were there any other meetings that y'all 19 had with neighbors during that period of 20 time with folks that lived around the 21 22 A. plant? No. 23 0. To your knowledge, did Mr. Sell or KRIEGSHAUSER REPORTING & VIDEO 1 Q. 2 3 rA*. 4 Q. 5 6 A. 7 Q. 8 A. 9 10 Q. 11 12 A. 13 Q. 14 A. 1C Q 16 \ 17 A. 18 Q. i1 nT 7A1. 20 Q. 21 22 A. 23 G. What prompted you to talk to those people? Did they come to you about it? 'T"K>a-7/ i-n 1 1 rvh..>a- nl ar%r Did y'all pay them during that period of time? Yes. For damage to live -- Not damage to livestock. Damage to vegetation. - Okay. Vegetation. What did it do? K i1' i t? Yeah. Other than that, did y'all -- That's it. Who owned the landfill with you with Monsanto at the time that -- Nobody that I know of. Who else used it? 1r1ttAAAJ)i. .mL at ti bmn/u r \aj^i . Did the Alabama Power Company ever use the landfill? Not to my knowledge. What about the telephone company? KRIEGSHAUSER REPORTING S VIDEO ---------------------------------- -- ------ --94-- 1 Mr. landwehr or Mr. Brown or anybody 2 ever talk to the neighbors around the 3 plant? 4 A. To nr/ knowledge, no. 5 Q. Who owned - * 6 A. Back up. I want to tell the truth here. 7 Q. I certainly -- 8 A. Talk about what -- with neighbors about, 9 what we talked to neighbors about. 10 Other things, not about Aroclors that I 11 know of. 12 Q. What other things did you talk about? 13 A. Sulfur dioxide emissions. 14 Q. Are you talking about the odor that came 15 off the plant? 16 A. No. Sulfur dioxide emissions. 17 G. When did you do that? 18 A. I don't reme*rber. Off and on while I 19 was there, until we cleaned that ip. - 20 Q. What exactly did you talk to them about 21 sulfur dioxide? 22 A. Damages to their nursery stock and to 23 their fruit trees. KRIEGSHAUSER REPORTING S VIDEO ________________________ %-------------------------------------------------- :------------------ 96-- 1 A. 2 Q. 3 '4 5 A. 6 0. 7 8 9 10 A. 11 . ' 12 Q. 13 A. 14 15 Q. 16 17 18 19 A, 20 21 Q. 22 23 Not to frry knowledge. So fran the time you were there in 1970 to 1978, the sole entity that used that landfill was your company? That's in/ understanding. During the time that you were there, were there any lawsuits filed against -- Monsanto by an entity called 8ASS, 8-A-S-S, the Bass Association? - Not that I'm aware of. Against the Amiston plant? Against Monsanto. Against Monsanto? 1 don't know. I don't know. I noticed in some of the documents that I have that have your name on it. there's some reference to a suit that had been instituted by BASS. I don't remcitber anything that impacted rhe Amiston plant. Do you reinetiber from talking to your counterparts who - Monsanto had a plant in -- Amiston plant in Alabama at the KRIEGSHAUSER REPORTING VIDEO ADAD21-005836 HARTOLDMON0038235 ---------------------------------------------------------------------------------------------------------------97-- 1 2 A. time, and was there a manufacturing -Yes. One. 3 Q. Where was that? In Decatur-* 4 A. Yes. 5 Q. 6 Do you remefftoer ever talking to anybody in Decatur about a lawsuit that BASS had 7 8 A. filed? 1 No. We didn't talk to each other. 9 Q. 10 A. 11 12 Didn't even like each other? Didn't talk to each other. Whole different ball game up there. Made different things. Involved in different 13 parts of the corporation. 14 Q. So it is your testimony here today that 15 to your knowledge during the period that 16 you were there, from '70 to '78, that 17 you all managed and controlled that 18 landfill south of 202 yourself and no 19 20 A. 21 22 one else ever put anything in there? That's my understanding. MR. STEWART: Let me get one thing out of the way. Make that 23 Jessee Three. ------------------------------------------------------ ------------------------------------------------------- 98--| 1 (Jessee Exhibit Nuiber 2 Three was marked.] 3 Q. 4 (By Mr. Stewart) This is your notice for your- deposition. 1 would ask you to 5 take a look at the beginning on page 6 one, just - First let me ask you, have 7 you seen that docuiient before now? 8 A. 1 don't know. Let me look through it 9 and see. I believe I saw this 10 yesterday. * n Q. 12 A. When yesterday did you see it? Sometime between 10:00 and 2:00. 13 Q. Did you have anything beginning on page 14 five? 15 A. Yeah. That's what refreshed my memory 16 that I hove seen it. I don't have any 17 of those. 18 Q. You didn't take anything away with you 19 in your files - - 20 A. No. 21 Q. -- that would be referred to on pages 22 five through eight -- 23 A. That's correct. KRIEGSHAUSER REPORTING & VIDEO ---------------------------------------------------------------------------------------------------------------- 99-- 1 Q. 2 A. -- in Exhibit Three of your deposition? That's correct. 1 don't have any of 3 those. 4 Q. What did you do to prepare for this - 5 deposition? 6 A. Sat down yesterday and talked with Mike 7 Kelly and a fellow by the name of Harlan 8 Prater. 9 Q. Harlan Prater? - 10 A. 11 Q, Yes. How long did you talk to them? 12 A. I guess the better part of three hours. 13 three and a half hours. 14 Q. i 15 Did you review any documents during that time? 16 Yes. 17 Q. What documents did you review? 18 A. I don't remenrber. I'd have to look at 19 them. Just documents with nv nane on 20 the distribution. 21 Q. Documents that were sent to you during 22 the time that you were working at the 23 Anniston plant? KRIEGSHAUSER REPORTING VIDEO ^________________________2 ___________________________ ____________ WQ--, 1 A. 2 0. Yes. Did you review any other documents? 3 A. No. ' 4 Q. Did you see any testimony that anybody 5 else had given, any deposition testimony 6 transcripts of any testimony anybody 7 8 A. 9 Q. 10 11 A. 12 Q. else had given? No. Are you represented here today by anybody, Mr. Jessee? The gentleman right here. Mr. White? --- 13 A. 14 Q. Yes. And when did you retain Mr. White to 15 16 17 18 19 Q. 20 A. 21 22 23 0. represent you? When did you ask him to represent you? MR. WHITE: Our firm? THE WITNESS: Yeah. (By Mr. SCeuart) Lightfoot firm? 1 was asked by Mr. Kelly if I wanted representation at this deposition, and I said yes. Is that a policy - As understand it, at KRIEGSHAUSER REPORTING & VIDEO KRIEGSHAUSER REPORTING VIDEO ADAD21-005837 HARTOLDMON0038236 --------------------------------------------------------------------------------------------------------------*G1-- 1 Monsanto, that when you leave the 2 company and you're asked to ccme in and 3 testify about something like we're 4 talking about here today, that the 5 lawyers who represent the company will 6 represent you? Oo you have that 7 understand)ng or agreement with 8 Monsanto? 9 A. 10 Q. No. This is something that was suggested to 1 1 you by Mr. Kelly and that's what you 12 asked for? 13 MR. WHITE: Object to the form. 14 A. No. This is my policy. 15 u. (By Mr. Stewart) Your policy? 16 A. Yeah. 17 Q. So you want somebody to represent you. 18 and you chose them after you had the 19 20 A. conversation with Mr. Kelly? When he asked me if I wanted 21 representation, and I said yes. 22 Q. Was that the first time you had 23 discussed that with anybody? -------------------------------------------------------------------------------------------------- ----------- ;o2--, 1 A. Yes. 2 Q. 7J A. Oo you ** Who generally represents you? Who generally does? u Q. Who has done legal work for you here, 5 like wilIs. 6 A. 7 8 Personally? rinncr iMitlTIIuTcWeVcJ.. WW" lI > >u v w wrw^ him that? 9 Q. (By Mr. Stewart) If you have one? 10 A. 11 Do I -MR. WHITE: You can give him -- 12 Q. (By Mr. Stewart) Had you talked to that 13 lawyer before you asked Mr. Kelly about K 11 cJ A. representing you? No, no. 16 Q. Anything other than that you have done? 17 Did you meet at any point in time with 18 Mr. White and Mr. Kelly after you met i n with Mr Kelly and Mr. Prater yesterday7 20 A. This morning out there at the lobby, we 21 sat around and talked a bit. 22 Q. About what you would testify about? 1 23 don't want to know what vou said thev KRIEGSHAUSER REPORTING & VIDEO i 2 3 4 A. 5 G. 6 7 A. 8 Q. 9 10 11 12 13 14 A. 15 Q. 16 V 17 Q. 18 19 A. 20 Q. 21 22 23 said to you and you said to them, since they're your lawyers. But I want to know how long you talked. Half hour. About this? I know you may have been there longer. I just want to Know the length of time. Just general -Have you had any conversations with them -- l don't want to know what you said. but have you had any conversations with them since the deposition got underway about your testimony here, either with Mr. White or Mr. Kelly? Yes. When did that occur? When we had the break. Okay. And how long did you talk to them then? I don't want to know -five minutes. Now, how did you first become aware that there was seme potential problems with PC8s? Was it before you got to the plant or after you got to the Anniston KRIEGSHAUSER REPORTING & VIDEO KRIEGSHAUSER REPORTING & VIDEO 11 2 A. 3 0. ' U A. 5 a. 6 7 A. 8 Q. 9 A. 10 11 . ' 12 13 0. 14 A. 15 u. 16 17 18 A. 19 Q. 20 21 22 A. 23 * ________________ -____________----------, plant7 Pretty nuch after. who told you? There were -WHO ar the plane indicated to you or elsewhere indicated to you? Joe landwehr. -- And what did Mr. Landwehr say to you? Said this is a thing we're working cn. Nothing specifically. I don't remeober. But he said we got a group of people ^ working on this. A group of people working on it7 Uh-huh (indicating yes). when Mr. Landwehr said that, was he talking about a group of people in the plant? Yes. Ana you say were -working on this.11 What was the "this" that he was talking about? This was to define if there was 3 problem ana apply suiir hcosui oncm ^ KRIEGSHAUSER REPORTING S VIDEO ADAD21-005838 HARTOLDMON0038237 ------------------------------------------------------------------------------------------------------------- 3 05-- 1 the problem, putting some metric on it. | 2 Q. If there was a problem with the ' 3 discharge of PCBs off the property? 4 A. No. What was it. And putting seme 5 measurement on it such that if it got to 6 be a concern when we put all this 7 together and 4*ent to talk to the 8 regulatory people, if they said you have 9 got to quit or reduce it down. Ue 10 didn't know. That's why we went to talk 11 to them. 12 Q. Uhat I'm trying to get to, before you 13 went to talk to the people who were the 14 regulators, you say Mr. landwehr told 15 you we have a group of people who are 16 working on this. And when you say 17 "this,1' was the subject of what 18 Mr. Landwehr and them working on PCBs? 19 A. Yes. 20 Q21 22 Let me ask it this way: What did he say to you his concerns were about PCBs, Mr. Landwehr? 23 MR. WHITE: Object to the form. ------------------------------------------------------ -------------------------------------------- ---106-- 1 Tell him as best you remember 2 3 A. what he told you. How to nensure this. 4 Q. 5 A. (By Mr. Stewart) How to measure? How to get accurate reproduceable 6 neasurements and good reproduceable 7 analytical measurements so that we had a the handle on what was leaving the 9 10 Q. plant. So one of his concerns was finding a 11 method of analyzing what was leaving the 12 plant site? 13 A. Yes. That was a big issue. This was a 14 very difficult thing to ccme by. 15 O. Now, based on what you have previously 16 told me, there was - the manufacturing 17 process had gone on there for seme 18 period of time before you got there, 19 years before you got there. Is that not 20 correct? 21 A. 22 Q. Yes. And for sane period of time I would 23 assure that those PCBs or that waste KRIEGSHAUSER REPORTING & VIDEO ' - 1 2 A. 3 Q. 4 5 6 7 A. 8 9 Q. 10 11 12 A. 13 14 1 15 16 \ 17 18 19 20 21 Q. 22 23 stream was leaving the plant site? Yes. What prompted Mr. Landwehr, if he told you, to become concerned and to put this group together about that leaving the plant? Did he tell you? I can't remember what he specifically said. Well, did he ever say anything at all about why he and his group had become concerned about the PCS waste leaving? In particular, leaving the plant site. Only that it was -- had -- by very sketchy publications and things in literature and information that the plant had cone by, which t don't know how they came by it. But that had raised the flag to tell the plant to find out uhat their situation was in terms of discharge amounts. Well, you say he had some publications. Uere those in scientific journals that he had read? KRIEGSHAUSER REPORTING & VIDEO ---- g - TOO 1 A. Something like that. I think -- 2 Q. Did Mr. Landwehr -- . 3 MR. WHITE: Had you finished? 4 5 A. 6 THE UITNESS: Yeah. Because 1 can only remember in that period of time in the late '60s they 7 were talking about said something about -- 8 Paragon Falcons being impacted in some 9 study by PCBs and then eggshells and 10 Long Island ducks. 11 Q. So Mr. Landwehr told you that there were ' 12 seme potential adverse health effects 13 that were possibly related to PCBs in 14 the environment? 15 A. 16 It was a concern, but they didn't know whether real or not. So if you want to 17 use "potential" fine. We didn't know. 18 Nobody knew whether they were real or 19 not. 1 don't think they do now. 20] Q. So it was your understarding from 21 Mr. Landwehr' -- Did he Celt you if 22 anybody had talked to him about this 23 before you got there from the KRIEGSHAUSER REPORTING S VIDEO KRIECSHAUSER REPORTING 2 VIDEO ADAD21-005839 HARTOLDMON0038238 -------------------------------------------------------------------------------------------------------------- 109-- 1 2 A. corporation itself? He may have but 1 don't remeirber what he 3 said. 4 Q. I guess what I'm asking is, was this 5 something that Mr. Landwehr was doing or 6 was this something that Monsanto 7 8 A. Corporation was concerned about? Well, when it becomes a concern and 9 issue, it was -- everybody is concerned 10 about it that is directly -- has some 11 connection to it. So I have to know 12 that there was support out of St. Louis 13 to go find out what our situation is and 14 then if you talk to regulatory people 15 and they tell you you have got -- what's 16 your plan for doing better, you tell 17 them * why, you'll get the money to do 18 it. 19 Q. 20 Now. was there any conversation -- Did you have any conversation with 21 Mr. Landwehr about what testing had been 22 done before you got there? 23 A. Yes. And he told me about the -* 1 2 3 A. 4 0. 5 6 A. 7 8 9 10 11 12 13 14 15 16 17 0. 18 19 20 A. 21 22 23 --------------------------------------------- -----------------140-- MR. UH11E: He asked you if you hod the conversation. Yes. (By Mr. Stewart) You can go ahead. Mr. Jessee. Uell, he told me about this contract that he hod mode with marine biologists out of Tulane to do some fish sanpling in those waterways. And he told me about some work that * seme sampling and inspections of ditches and things that Bunkie had done, Bunkie Wright. Ard he told me about the analytical methods development that was in process at the plant. That's about it. That's about it. Did he ever indicate to you what Mr. Uright, Bunkie, as you call him, had found in those ditches? I was told Bunkie said -- MR. WHITE: He asked if Mr. landwehr ever told you what Mr. White may have found KRIEGSHAUSER REPORTING & VIDEO 1 2 7 4 5 6 7 A. 8 9 10 11 12 Q. 13 A. 14 1 c G. 16 \ 17 A. 18 Q. it r7> A. 20 Q. 21 A. 22 7U7-i Q. in the ditches. MR. STEWART: l think he was trying - MR. WHITE: 1 want to make sure -- Go ahead and answer the question. In scrae written material ! remember 8Lnkie being quoted or Bunkie saying -If he wrote it; I forgot who wrote it -* that he didn't see any nultiphased flow out -(By Mr. Stewart) What's nultiphase -More than -- You got water and oil, and they separate. That's two phases. He dicti't see anything that would be visible to the naked eye? Right, right. In the ditches? Rignt. What ditches were you talking about? I don't know. Every ditch he could find outside the plant. So there was a survey of the ditches KRIEGSHAUSER REPORTING i VIDEO _______________________ is ___________________________ c---------------- 1+2-- 1 during this time frame? Was that before 2 you got there or after you got there. 3 Mr. * 4 A. I think it was before. 5 Q. Before? 6 A. 7 Yeah. When they were trying to put together what the picture of all -- -- 8 where are we at that point in time. 9 Q. Now, were there any surveys done of the 10 1 1 A. ditches after you got there? I can't say I know for a fact. ' 12 Q. Did you do any7 13 A. NO. 14 0. Did Mr. Landwehr to your knowledge? 15 A. No. 16 Q. Did Mr. Wright? 17 A. That's -- He probably did, I just don't 18 19 0. 20 know the particulars. Did you ever receive a report from Mr. Landwehr or Uright indicating to you 21 that there was sate of that 22 nultiphased -- 23 A. No. I never sow a report that they KRIEGSHAUSER REPORTING i VIDEO KRIEGSHAUSER REPORTING & VIDEO ADAD21-005840 HARTOLDMON0038239 --------------------------------------------------------------------------------------------------------------143-- 1 found anything visible. 2 0. You say "visible." Nobody ever told you 3 during the time that you were there that 4 they saw visible evidence? 5 A. That's right. 6 Q. Of waste leaving the plant site? 7 A. That's right.* 8 Q. Or caning off any of the landfills? 9 A. Right. 10 Q. Where were the tests done7 You said 11 streams. Was that the test that was 12 done in Choccolocco Creek? 13 A. Marine biologists did that. 14 Q. I asked where? 15 A. I don't know the points that they 16 sampled. 17 Q. Do you know the stream that they 18 sampled? 19 A. Snow's Creek. I believe that's the one 20 -- That's the one I know for sure. I 21 don't know any others. 22 Q. What about Choccolocco Creek? 23 A. I don't know that for sure. I think --------------------------------- ------------------------------- --------------------------------------- -444-- i it's reasonable to assure they did. 2 Q. Were you ever shown evidence of the fact 3 there were PCBs in the fish during that 4 period of time that you were plant 5 iranager there -- 6 A. Yes. 7 0. -- found in the fish? 8 A. Yes. 9 HR. WHITE: let him finish his 10 quest ion. 11 THE UITNESS: Okay. 12 HR. WHITE: I know it's diff icutt. . 13 Q. (By Mr. Stewart) What did you do with 14 that information? Is that part of the . 15 information you provided to 16 Mr. Crockett? 17 A. Yes. 18 Q. And to the EPA? 19 A. Yes. 20 o. What dredging did y'all do while you 21 were there, of either Snow Creek or 22 Choccolocco Creek? 23 A. None. KRIEGSHAUSER REPORTING S VIDEO |------------------------------------------------------------------------------------------------------------ M5-- i Q. Why? 2 A. Because I said, "Don't do it." 3 Q. Why is it that you said, "Oon't do it"? 4 A. Mainly, that would make the problem 5 6 Q. worse. It was your -- 7 A. 8 Q. In my opinion, make it worse. How would it make it worse? 9 A. 10 Q. 11 A. 12 Stir ip all the deposits of sediment. And therefore it would -No telling where it would go. MR. WHITE: Could we take a quick 13 break? 14 THE UITNESS: Teah. 15 16 'Q. [A break was taken.] (By Mr. Stewart) You were talking 17 before we took the break about your 18 suggestion was not to dredge because of 19 20 21 A. v^iat might happen. Who had brought up the fact that you might need to dredge? John White or his staff when we were 22 over at that meeting. 23 Q. When you say "John White" you're -- KRIEGSHAUSER REPORTING i VIDEO -------------------------------------- *-------------------------------------------------=------------------W6-, i A. 2 a. 3 A. `4 5 6 Q. 7 8 9 A. 10 0. 11 A, ' 12 13 Q. 14 15 A. 16 Q. 17 18 19 A. 20 Q. 21 A. 22 Q. 23 A. He was. -- the gentleman -- He was director to region four, EPA. When Crockett arranged for us to go over and talk with him. Mr. White indicated in the meeting that y'all needed to dredge what? -- MR. WHITE: Go ahead. The creek. (By Mr. Stewart) Choccolocco Creek? I think he said something about Snow's, the closest thing there. By y'all -- I was referring of course to Monsanto. Monsanto. He thought Monsanto should do that because of - because of the presence of PCBs7 Yes. In the fish? Yes. And the sediment. And your response to him was that? We didn't think it was advisable because KRIEGSHAUSER REPORTING & VIDEO KRIEGSHAUSER REPORTING VIDEO ADAD21-005841 HARTOLDMON0038240 -------------------------------------------------------------------------------------------------------------- 1 -- we don't think that's advisable 2 because it could spread that PCS all 3 over everywhere, and if it was 4 ultimately proven that PC8s are bad, it 5 6 0. was best to just leave it there. Tell me what else y'all said in - what 7 did you suggest be done in response to 8 Mr. White's request? Other than just 9 10 A. n leaving it there? We said we wanted to go back to the plant and develop a plan of action to 12 minimize the discharge from the plant. 13 Q. I guess what I was talking about, 1 14 understood that you had said chat from 15 what you had previously indicated to us. 16 but what did you all say that you felt 17 like should be done about the PC8s that 18 obviously were in the sediment? 19 MR. WHITE: Object to the form. 20 A. We didn't discuss it. 21 Q. 22 A. (8y Mr. Stewart) Sir? We dickVt discuss that. 23 Q. You never brought that up again with KRIEGSHAUSER REPORTING VIDEO ------------------------------------------------------------------------------------------------------------- 1 2 3 A. It might not have been you, Mr. Jessee. We'tl get to that in a minute. 1 don't know if we had seme information 4 about it. I'm sure we provided it. 5 Q. 6 7 8 A. In line with that was anything ever provided to you or Mr. Papageorge or anybody in St. Louis? No, not that I know of. 9 Q. 10 11 A. 12 Q. Either Mr. Papageorge or somebody frem the medical -I don't remenber any. Who all was involved with Mr. landwehr 13 -- You mentioned he had a group there. 14 l4io all was involved with him? Was Toby 15 Sell involved with that group at the 16 \ plant? 17 A. Yes. He would have been on methods and 18 analytical problems. 19 0S 20 And was Mr, Uright involved with his group? 21 A. 22 Q. Yes. Was Mr. Taffee involved with his group7 23 A. Not with the waste ** plant waste KRIEGSHAUSER REPORTING VIDEO - - W8------------------------------------------------- ------------------------------------------ -------------1 him? 2 A. No. 3 0. 4 5 6 A. Did anybody in your tenure of '70 to '78 ever raise that issue frcrn the state regulatory agency? Not to nry knowledge. 7 Q. 8 Did you deal with anybody other than Mr. Crockett during that period of time 9 10 A. n Q. at AUICR '70? '70, '71 and '72, no. Did you deal with anybody other than 12 Mr. Crockett about the PCS problem? 13 MR. WHITE: Object to the form. 14 A. At the state level. 15 Q. 16 A. (By Mr. Stewart) Yes. To my knowledge, no. 17 Q. I saw a reference in one of the 18 docuients -- and, of course, I'm not 19 trying to trick you, but there was seme 20 information requested by Mr. Ira Myers 21 22 23 ' about the toxicity of PCBs. Did y'all ever provide that inforration to Dr. Myers or anybody to your knowledge? KR1EGSHAUSER REPORTING S VIDEO ----------------------------------------*----------------------------------------------- *----------------- &-- 1 discharge -* liquid discharge that we 2 talked with the regulatory agencies 3 about. 4 Q. 5 6l i 7 A. When you say "liquid discharge" you're talking about liquid discharges of PCSs out and underneath 2027 That treatment -- We called it outfall. -- 8 Q. Was anybody else involved besides 9 Landwehr, Toby Bell? Was Jerry Brown 10 involved in that group? 11 A. No, not that I rertember. I rementer the 12 supervisor for the Aroclors. Gerald 13 Miller was. 14 Q. Mr. Gerald Miller? - ^ 15 A. 16 0. That just cane to mind. . What role did he play in that -- 17 A. He was supervisor of Aroclors production 18 department. Then there was -* There 19 were two or three laboratory analysts 20 wno were involved in this methods 21 development thing. And Landwehr 22 probably had an engineer assigned to do 23 these little design jobs to ccme tp with KRIEGSHAUSER REPORTING VIDEO ADAD21-005842 HARTOLDMON0038241 -------------------------------------------------------------------------------------------------------------V2-1-- 1 1 these changes we made to reduce PCBs in 2 that outfall. 3 Q. Tell me what those little design jobs 4 that were done and what steps you took. 5 A. We put in another limestone pit. We put 6 in seme carbon filtration equipment tp 7 right in front of that limestone pit. 8 We put in seme backup in the 9 manufacturing area itself. We put in 10 some puTps to remove *- simp purps. 11 They're like siup purps -- 1 don't know 12 if you know what a simp purp is. But 13 they're sort of intermedial collection 14 points in which things could separate. 15 And we collected any oily layers out of 16 those sinps. And we had a scrubbing 17 system which took things from -- things 18 like steam jets on the process and 19 chlorination -- seme excess chlorine 20 that came off the reactors. We put that 21 through a scrubber. We used to have an 22 old crude thing like a shower head that 23 put water down through the gases. And ---------------------------- ----------------------------------------------------------- -------------- --122 1 we put in what they call a "packed 2 coluin" which is a pretty efficient 3 separation system. That's about all I u can reineirfeer. 5 Q. Now, you indicated that the sunp purrps 6 were intermediate collection points. 7 Uhere would things settle out? What did 8 you do with what settled out? 9 A. Put it back in the process and reworked 10 it. ii Q. Was any of that ever taken somewhere 1Z else off the plant site -- 13 A. ' No. 14 Q. * and buried? 15 A. No, not to nty knowledge. 16 Q. Who cleaned out those limestone pits for 17 . you? 18 A. 1 think we contracted that. I think. 19 Q. Oid Amiston Concrete ever work with you 20 on that? 21 A. I don't know what the n^iie of the outfit 22 was. But we used to have to replace 23 ' that in there and clean those out. KRIEGSHAUSER REPORTING & VIDEO 1 Q. 2 3 A. 4 5 Q. 6 7 A. 8 9 10 11 Q. 12 13 K 15 A. 16 \ 17 18 19 A. 20 Q. 21 22 A. 23 Q. Was the ccmpany that did that work for you located on West 10th Street? 1 can't remenber. I just don't know who did it. But Monsanto employees did not do it themselves? No. My recollection is they sort of over - - did some overseeing, but I don't think they actually got in there and did it. What outfit did y'all contract with or what outfit were y'all contracting with to take the steel bottoms up to the landfill? ^ Monsanto employees did that. ' MR. WHITE: Transporting it? MR. STEWART: Yeah. Frcm the plant site across the road. Yes. (By Mr. Stewart) Monsanto employees did that? Yes. At any point in time did y'all ever -- KRIEGSHAUSER REPORTING & VIDEO KRIEGSHAUSER REPORTING & VIDEO ------------------------------------- $ 1 during the time that you were there ever tc 2 contract to have someone other than 3 Monsanto employees take that stuff to 4 the pit? 5 A. To my knowledge, no. 6 Q. So during you" tine frame it was 7 Monsanto enployees? -- 8 A. Yes. 9 Q. Who supervised those employees? 10 A. They were part of the Aroclor operation. 11 Q. So Mr. Miller would have -- ' 12 A. He would have been one, or probably a 13 foremen in there, in Mr. Miller's 14 absence 15 Q. 16 And what gear did people wear who worked around Aroclor production at the time, 17 safety gear at the time you were there? 18 A. Just on a routine day-to-day operation 19 they just wore 'work clothes. 20 Q. No safety glasses? 21 A. 22 Q. Yeah. Safety glasses. Yeah, yeah. What about booties or rubber-type boots? 23 A. They were provided with ni^ber KRIEGSHAUSER REPORTING & VIDEO ADAD21-005843 HARTOLDMON0038242 ------------------------------------------------------------------------------------------------------------- 1J5-- 1 over-shoes. 2 0. Anything else? 3 A. No. Unless they were going to go down 4 in a tank or something like that. 5 Q. What about the rules with regard to 6 eating around PCBs? Did you have any in 7 place at the time you got there? 8 A. We had eating facilities in the control 9 room which were isolated from the 10 operating equipment, but it was located 11 kind of in the middle of it. They were 12 like little enclosed buildings. 13 0. But you had no rules about whether you 14 could eat or not in the processing area? 15 A. You can go out in the process area. You 16 had to eat inside the control area. 17 There was usually a little kitchen 18 provided to the side where they could 19 keep things refrigerated or cook if they 20 wanted. 21 Q. What happened to the clothing that they 22 had, went home with them? 23 A. No, no. They had to change. Ue had a 1 2 3 Q. 4 5 6 7 8 9 0. 10 11 A. 12 13 14 15 16 Q. 17 18 A. 19 Q. 20 A. 21 Q. 22 23 ` .change house. -------------------------------------------- -----------W6--, They'd change and we'd launder -- We didn't; we had it done. Did you institute any other than additional safety measures other than what was present at the time you went there about the Aroclor processes9 MR. WHITE: Safety measures with respect to employees? (By Mr. Stewart) Enployees that dealt with the production of Aroclors. Yes, I did. But it was plant wide. It wasn't just for Aroclors. I irade it mandatory you wear safety glasses and safety shoes, which the company would provide. That was to keep a piece of heavy equiprent -- Yes. Steel-toed, that kind of thing. Anything else7 Is that it? That's it. What did Mr. Lardwehr or Mr. Brovn or Mr. Bell indicate to you about information that had been imparted to KRIEGSHAUSER REPORTING VIDEO 1 2 3 4 5 6 A. 7 Q. 8 9 10 11 12 A. 13 14 15 Q. 16 \ 17 18 19 20 O. 21 A. 22 23 neighbors other than what you have told us about Aroclors and the Aroclor prodjction and this problem we have been talking about? MR. WHITE: Object to the form. Ask me again, Donald. (By Hr. Stewart) What did Mr. Lardwehr or anybody else tell you had teen imparted to, say, the public about this problem y'all had out there? MR. WHITE: Same objection. They did do that. They didn't talk to anybody I know of other than regulatory people. (By Mr. Stewart) Just regulatory -- MR. WHITE: I'm not trying to answer. Just crake sure we had what he said earlier about the pigs. (By Mr. Stewart) Other than that. Well, I assure that covered that. To other people that lived in Anniston and the environs, no. KRIEGSHAUSER REPORTING & VIDEO 1 Q. 2 3 `4 5 6 A. 7 a. 8 9 10 A. 11 0. ' 12 13 14 15 16 A. 17 0. 18 A. 19 0. 20 21 A. 22 Q. 23 A. _________________________ ________________ _________ -t---------------------k Did you ever say anything to anybody who was a public official, either a city or county official agent, the problem that existed there? MR. WHITE: Same objection. I don't recall having done that, no. (By Mr. Stewart) To your knowledge did Mr. landwehr or Mr. Papageorge ever do that? Not to my knowledge. . . Were there any fish advisories ever issued during the time that you were there in relation to fish that were caught or available to be caught in Choccolocco or -- No. -* Lake Logan Martin? Not from Aroclors. Do you rcnenfeer a gentleman named Tull At l en? Yes. I remaiber that name. Tull Chemical Catpany? Help me. KRIEGSHAUSER REPORTING VIDEO KRIEGSHAUSER REPORTING S V10EO ADAD21-005844 HARTOLDMON0038243 ------------------------------------------------------------------------------------------------------------- 129-- 1 Q. Tull Chemical Ccrrpany? Do you renter 2 any problem cropping i_p at any point in 3 time during your tenure there with Tull 4 Chemical Company and PCBs? 5 A. 1 remember the name. And I associate 6 seme somebody saying to me that he 7 was quite a character. That's about all 8 I remember. 9 Q. Other than them talking about him 10 personally -- 11 A. That'S at t. 12 Q. Do you remember anything - - 13 A. Mo. I di<3Vt know him. 14 Q. During the time that you were there as 15 plant manager, were any penalties 16 iaposed against Monsanto in the chemical 17 plant? 18 A. None that -- 19 Q. Fines? 20 A. Mo. 21 Q. 22 Any adverse findings by the EPA or AWIC or anybody with the state? 23 A. Mo. ------------------------------------------------------------------------------------------------ ----------- ;jg--. i Q. Oo you recall any potential claims being 2 made by anybody from the U.S. Attorney's 3 Office or the Justice Department about 4 activities that were going on at the 5 plant during the time you were there? 6 A. Any -- 'What did you ask me? 7 Q. Any kind of potential claims that they 8 were filing a Lawsuit against you for 9 some problens that you had at the plant? 10 A. 1 read something in a document yesterday 11 about the Justice Department had advised 12 the regional director of EPA to do 13 something like that, but I don't 14 remember all the particulars or what it 15 was about. They never did it. 16 Q. Let me just ask you this, Mr. Jessee: 17 Do you recall -- and I'm not asking you 18 based on a document you saw yesterday. 19 I'm trying to get what your independent 20 recollection is. 21 Do you recall ever being informed 22 by anybody with Monsanto that the 23 ` potential for the Justice Department KRIEGSHAUSER REPORTING & VIDEO ------------------------------------------------------------------------------------------------------------- W1-- 1 taking action through EPA against the 2 Anniston plant might occur? 3 A. Mo. 4 Q. Who would have -- in the normal chain of 5 events or sequence of events in a 6 situation like that have informed you 7 about that type thing? 8 A. Monsanto's legal environmental lawyer. 9 Q. Who was that at that-time? 10 A. Fellow name of Park. 11 Q. Was he located in St. Louis? 12 A. Yes. 13 Q. And did you ever have any -- l don't 14 want to ask you about what y'all 15 actually discussed, but do you remenber 16 \ having arty discussions with him at the 17 time you were dealing with the 18 regulators? 19 A. Not with regard to that. 20 Q. Mot with regard to PCBs? 21 A. Right. 22 Q. Mot with regard to any Justice 23 Department activity that might have KRIEGSHAUSER REPORTING & VIDEO --------------------------------------- 5------------------------------------------------- = 1 been - - 2 A. That's right. Not with regard to the 3 Just ice Department, no. ' 4 0. What about the FDA? Did you ever -- Did 5 you ever have any contact with them? 6j A. No. 7 0. During the tine that you were there? -- 8 A. That's right. 9 [Jessee Exhibit Nuttier Four 10 was marked.] 11 Q. (By Mr. Stewart) Let me show you what ' 12 we'll mark as Jessee's Exhibit Four and 13 ask you to take a look at this document. 14 Ard I'll ask you some questions about 15 it. 16 I want to give you and your lawyer 17 an opportunity to look at it. I would 18 assuie this is one of the documents you 19 looked at. Did you look at this 20 docuicnt yesterday0 21 A. 22 q. I believe l did. Have you had time to take a look at it7 23 A. I wanted to see who wrote it. KRIEGSHAUSER REPORTING VIDEO KRIEGSHAUSER REPORTING & VIDEO ADAD21-005845 HARTOLDMON0038244 ------------------------------------------------------------------------------------------------------------- -- 1 Q. 2 A. Take your time. Yeah. Yes. Yeah, I know I must have 3 seen this. I don't remember it at this 4 time, but 1 know I mast have seen it. 5 Q. Now, this came from Mr. Miller, G. W. 6 7 A. Miller? Yeah. Yes. 1 _ 8 Q. And what was Mr. Miller's position 9 again? 10 A. He was supervisor of Aroclor production 11 uni t. 12 MR. STEWART: Each time Mr. White 13 punches you, you just say 14 yes. 15 MR. WHITE: Just say yes. That 16 was a good - - 17 THE WITNESS: Beat my ankle to 18 death. . 19 MR. STEWART: Oid you get that for 20 the record? 21 MR. WHITE: Show everybody is 22 laughing. 23 MR. STEWART: And 1 think I know KRIEGSHAUSER REPORTING & VIDEO 1 Q. 2 3 A. 4 Q. 5 A. 6 Q. 7 8 9 10 A. 11 Q. 12 13 14 15 16 \ 17 18 A. 19 Q. 20 A. 21 Q. 22 23 And would not be disclosed to anyone else? Right. Did that include the general public? Yes. Did it include anybody outside? In other words, no one could see this other than people who were the recipients of this and Mr. Miller?That's pretty much the understanding. Now, apparently there had been a good bit of activity that had gone on that you had discussed previously before this meeting was scheduled to see Mr. Crockett? There had been a good bit of activity and a good bit of discussion that had been ongoing? Yes. In-house? Yes. How long had y'all been discussing what is referred to in -- 1 think the second paragraph, those items? How long had KRIEGSHAUSER REPORTING 3, VIDEO ................ 1 "- " ------------------------------------------------- ^4-- port of what your 2 conversation might have been 3 about, Mr. lessee, during the 4 break but ! 'in not SLpposed 5 to know it. But 1 think I've 6 got an idea. 7 0. (By Mr. Stewart) look at the upper o right-hard corner of this document. Who 9 put "confidential" there? Uas that 10 something that was done by Mr. Miller? 11 A. Yeah. He designated this should be 1 c call ed "conf ident i a l.11 13 Q. Uhy is it, if you know, that this was to 14 be confidential? 15 A. I don't know what his judgment was. 16 Thnr hf iir rWiried it was to be 17 confidential. 18 Q. in the context of your understanding 19 about documents like this at the time 20 that this was done in May of 1970, what 21 did that designation on a document mean? 22 A. That this was kept confidential among 23 the recipients of this document. KRIEGSHAUSER REPORTING & VIDEO ,,__________________________________________ -_______________ 4---------------------------, -V 1 y'all been doing that? What period of 2 time had that gone on to your knowledge, 3 Mr. Jessee"7 4 A. i don't know how far back in 1970. I 5 6 0. don't know. But your involvement in it began in 7 1970? -' 8 A. Yes. 9 Q. 10 So would it be fair to say that certainly since ybu had been there this 11 . group had been working on this * 12 particular problwii? 13 A. 14 Q. Yes. And that would have been fran, what, the 15 16 A. first workday in '70 up through -i know they were working on it, yeah. 17 Q. Did they do that every day? Oid 18 Mr. landwehr do that every day, work on 19 this particular problem? 20 A. I don't think so. 21 Q. Take a look at the little bullet 22 numbered four? 23 MR. WHITE: Read this. KRIEGSHAUSER REPORTING S VIDEO ADAD21-005846 HARTOLDMON0038245 -----------------------------------------------------------------------------------------------------------137-- 1 Q. (By Mr. Stewart) On the first page -- 2 MR. WHITE: NuTber four, Donald7 3 MR. STEWART: Yes. 4 A. Okay. 5 Q. 6 (By Mr. Stewart) Who was the author of that particular thing? 7 A. 8 Q. Author of nu7f!>er four? Yes. 9 A. 10 11 I assume it was based on what Mr. Crockett suggested that we do. MR. WHITE: I think the author. 12 meaning who wrote this. 13 Q. (By Mr. Stewart) Actually, what I'm 14 saying was who was the person who made 15 that suggestion. 16 MR. WHITE: Okay. 17 O. (By Mr. Stewart) You're saying that 18 came from Mr. Crockett? 19 A. 20 21 22 Q. His recommendations is what it states up in the introductory paragraph, says, "His recommendations were as follows." Take a look at the first paragraph on 23 the second page of this Exhibit Four. 1 A. 2 Q. 3 4 5 6 7 8 A. 9 10 0. 11 12 13 A. 14 15 16 Q. 17 18 19 20 21 22 23 ................ Okay. ......................................................................... -138-- Again, in the second sentence of that paragraph there's a reference to reaching the objective that is set out in this letter on a confidential basis. Was that what Monsanto suggested be dene7 1 suspocr it was uutually arrived at with Joe Crockett. But did Monsanto and people who participated in this meeting suggest that that be done? No. I think Crockett probably initiated that tone to the whole thing at the t ime. The reason I ask that is the way that paragraph is written, and of course. Mr. Miller is the one who wrote the letter. It appears to be that's what Monsanto wanted to take place at the t iine. MR. WHITE: Object to the form as to what appears. KRIEGSHAUSER REPORTING & VIDEO 1 A. 2 Q. 3 4 5 A. 6 Q. 7 8 9 10 11 12 13 14 15 16 \ 17 18 19 20 21 22 A. 23 I don't know how to comment on that. (By Mr. Stewart) Well, the lerter itself is listed as confidential. Is that not correct, Mr. Jessee? That's correct. And the sentence reads, for purposes of the record, the last sentence in the second paragraph says, "The full cooperation of the AUIC to reach the above objective on a confidential basis can be anticipated." Am I to take frcm that that you all did not ask Mr. Crockett, from your response to my question about that intent -- and that's the one I was asking about. Do I take frcm that that Monsanto did not suggest and Mr. landwehr and the people who went down there and met with Mr. Crockett didn't suggest that you wanted to keep this on a confidential basis? Not as I -- If I put it back in the context of the introductory paragraph on KRIEGSHAUSER REPORTING S. VIDEO KRIEGSHAUSER REPORTING S VIDEO -------------------- s-_-_--_-_--_-_--_ ____________ ________________ _____ I---------------- H9--i 1 the previous page, it says, "His 2 recannendations were as follows." 3 MR. WHITE: "His" being? THE WITNESS: Crockett's. 5 A. 6 In that context I took it he took the lead; until we know what we're talking 7 about, let's keep it amongst us. - 8 Q. (By Mr. Stewart) What were your 9 concerns other than those that are 10 mentioned in this letter about 11 identifying and quantifying that you ' 12 have previously referred to, and working 13 with these governmental agencies? What 14 were some of your other concerns there 15 16 A. 17 0. 181 A. 19 20 21 Q. 22 23 at Monsanto? Regarding PCSs7 Yes. None that I can enumerate other than try to define the quantities and what we were calking about. weren't you concerned at that time about the possibility of lawsuits by people who were adjacent to the plant? KRIEGSHAUSER REPORTING & VIDEO ADAD21-005847 HARTOLDMON0038246 ------------------------------------------------------------------------------------------------------------- K-1-- 1 A. No, I wasn't. 2 Q. 7 Uere there not seme in the carpany itself, seme people in the company 4 itself, v^io were worried about lawsuits? 5 MR. WHITE: I object what somebody 6 else might have been 7 concerned about. If they 8 told you and -- 9 A. I dicin't hear any. I was never trade 10 aware of any of that. 1 1 MR. STEWART: Mark this as Exhibit 12 Five. 13 14 1C Q. [Jessee Exhibit Nurber Five was marked.] (By Mr. Stewart) Take a lode at 16 lessee's Exhibit Five. And let me ask 17 you, if you would, this is Anniston PCB 18 cleanup program. There's a gentleman by 19 the name of Paul Hodges listed as the 20 author of this. Who is Mr. Hodges? 21 A. He had a technical background. He 22 worked here in St. Louis. 23 Q. what was his position? ---------------------------------------------------------------------------------------- -------------------- 1 A. 2 3 4 5 6 7 Q. 8 i don't know whot -- Where he was involved in this. ! think he was sort of on early pioneer in the development of sampling techniques of waste streets for Monsanto. That's about all I know about h ini. This Exhibit Five refers to PCB cleamp program. And again, if you'll note at 9 the top of Exhibit Five, it says 10 "confidential" and there's something 11 that's been added to that, "F. Y. I. AND 12 DESTROY." I guess, for your information 13! only? Is that whot you mean7 And then ,4 it says "DESTROY." Who put that on 15 16 A. 17 Q. 18 A. 19 0. 20 21 22 23 A. there? The author. Mr. Hodges? Yes. So he put on this particular docunent that ic was to be destroyed. Did that mean after you read it you were supposed to destroy it? i haven't the slightest -- I never have KRIEGSHAUSER REPORTING S. VIDEO 1 2 Q. 3 A. 4 Q. 5 A. 6 7 G. 8 9 10 11 12 13 14 15 u. 16 Al. 17 Q. 18 19 20 21 22 23 seen many of these. Were you not on the distribution list? Yes. Do you remefiber getting this? I don't remenber getting it, tut I'm sure I did. If you'll take a look at the second page of this, there is a paragraph (A) there. And it makes reference to public relations, fellow by the name of E. V. John. Would you just read that, please, sir, and then I want to ask you sane questions -- MR. WHITE: To himself? (By Mr. Stewart) Just to yourself. Okay. It appears that if no one else did, there was somebody in the outfit, at Monsanto at that time, who was worried about the recent lawsuit that had been instituted against the plant. And I would assure it refers to the Anniston plant, Mr. Jessee. Tnat's where I got KRIEGSHAUSER REPORTING S. VIOEO ^--------------------------------------------------------------------------------------- --------------- 1 that information. That's why I asked 2 you about it by BASS. And l would 3 assure that refers to the 3ASS Anglers 4 organization located in Monsanto started 5 by a iron railed Scott. You don't 6 renenber anything about that? 7 A. I don't rementoer anything ever coming of 8 that if they did. 9 Q. You just don't remerrber anything at all 10 11 ' 12 about what Mr. John has reference to * or what rather Mr. Hodges has reference to in the paragraph entitled "(A) Piialic 13 Relations" that appears on page two of 14 this exhibit? 15 A. 16 0. 1 sure don't. But was there not sane concern at that 17 point in tine about disclosing matters 18 to the public because of some fear on 19 Monsanto's port about a lawsuit -- 20 MR. WHITE: The document speaks 21 for itself. That's obvious. 22 MR. STEUART: I'm asking another 23 ques tion. KRIEGSHAUSER REPORTING <5 VIDEO KR!EGSHAUSER REPORTING & VIDEO ADAD21-005848 HARTOLDMON0038247 ------------------------------------------------------------------------------------------------------------- H5-- 1 MR. WHITE: I can state my 2 position. I'm not telling 3 him not to answer. 4 MR. STEWART: Not under the rules 5 we started under. All you 6 have to do is object to the 7 8 A. form. 1 think that's -I was never asked to consider this in 9 any of the decisions made with regard 10 to this matter at all. ii Q. (By Mr. Stewart) In other words, you're 12 saying here today that there was never 13 any concern that the public might find 14 out about what you were dealing with and 15 sue you? 16 A. That wasn't what rny responsibilities 17 were. 18 0. I'm not talking about what your 19 responsibilities were. I'm talking, 20 Mr. Jessee, about what y'all's concern 21 was. And by that, 1 mean the company. 22 MR. WHITE: Once again, answer on 23 behalf of yourself. If you - - - --------------------------------------- -------------------- 166--, 1 know what somebody else told 2 you or you read, fine. 3 A. 1 don't ever refronber being - this 4 being made a central issue or concern 5 relative to what the plant activities 6 were with regard to trying to reduce 7 PCBs in the plant water outfall. 8 Q. (8y Mr. Stewart) Look at page one of 9 this docunent, first page of this 10 document and read to yourself, if you ' 11 would, paragraph three. Just to 12 yourself. 13 A. That's a typo or something. Okay. ! 14 have read paragraph three or item three. 15 Q. What information did you have at the 16 time this docunent was written about the 17 FDA perhaps participating in this 18 mat ter? 19 A. I don't remeirber having any. 20 Q. He refers to that. Ard he says in the 21 paragraph, Mr. Hodges says, Joe 22 Crockett, Secretary of Alabama Water 23 ' Inprovement Commission, will try to KRIEGSHAUSER REPORTING & VIDEO -------------------------------------------------------------------------------------------------------------14-?-- 1 handle it in a certain way. And the 2 next sentence again Mr. Hodges is 3 referring to Joe Crockett, says he 4 believes that the FDA will not -- and I 5 6 A. assure that means "participate." Looks like it. 7 Q, Says "precipitately" but I think it 8 means "participate" in this matter. 9 Was there concern on Monsanto's 10 part that the FDA might participate or 11 beeere involved? 12 A. I have no knowledge of that. 13 Q. Had there not been seme concern 14 expressed by the FDA about products that IS were produced by Monsanto that were PCS 16 \ type products or that had PCSs in them? 17 A. I never saw anything like that in 18 writing. 19 Q, You didn't know at the time that you 20 went to work for the plant that there 21 had been some problems in -- I think 22 Wisconsin about seme silo covering 23 material? KRIEGSHAUSER REPORTING S VIDEO KRIEGSHAUSER REPORTING & VIDEO 1 2 A. 3 0. 4 5 A. 6 Q. 7 8 A. 9 10 Q. 11 ' 12 13 16 A. 15 0. 16 17 18 19 20 21 22 A. 23 A------------------------------------------------------------------------------------ -a------------- MR. WHITE: Object to the form. No. (By Mr. Stewart) Did anytody ever tell you anything about that? No. Or problems that had been expressed about that? No. I don't remenber ever hearing anything about it. , Do you know or were you ever told that certain production was discontinued -- because of potential problems? MR. WHITE: Object to the form. No. (By Mr. Stewart) This docunent -- or this paragraph indicates that Mr. Crockett "will try to handle the problem quietly without the release of information to the public at this time." Is that something that you all had asked hiui to do? No. He brought that up, that's the best way to handle it until we got that thing J KRIEGSHAUSER REPORTING & VIDEO ADAD21-005849 HARTOLDMON0038248 ----------------------------------------------------------------------------------------------------149-- 1 defined or determined it was a problem. 2 Q. Why is it he said that the best way to 3 handle it was just not to disclose it to 4 the pt)l ic? 5 A. God rest his soul, you'll have to ask 6 him. 1 don't know. He's just wise in 7 8 Q. the ways of handling these matters. Uise fellow. Is that why y'all took it 9 10 11 12 A. tpon yourselves to rrake these documents that disclose what y'all were doing confidential in nature? 1 don't think it was that intentional. 13 Q. Sir? 14 A. I don't think that was intentional. But 15 to Lise that as a reason to do it, I 16 don't think. 17 Q. That's just something y'all did? 18 A. ft was an agreement to keep things 19 confidential. 20 Q. What I'm saying is when you had up there 21 confidential, for your eyes only and 22 destroy. I'm saying did that originate 23 from Mr. Crockett did he tell y'all 1 2 3 A. 4 Q. 5 A. 6 7 Q. 8 9 10 n 12 A. 13 14 15 Q. 16 17 A. 18 Q. 19 20 21 22 23 -------------------------------------------------------- -450-- follows, what l think y'all ought to do is put that on the top * No, no. Just let ne finish my question -* No. That's something Hodges took upon himself to do. I don't know why. Now, the other items that are mentioned here by Mr. Hodges in this document itself. Plaintiff's Exhibit Five, are the things that you previously told us about that y'all did at the plant Uh-hU-i (indicating yes). MR. WHITE: Yeah. THE WITNESS: Someplace in here. You indicated the kinds of things y'all did at the plant? Some that l could recall, yes. Looks like he talks about a sump pump that was installed in the Aroclor department. And he talked also about the limestone pits and some bypass that y'all were doing and some filtering that you were doing. And ! thought that's KRIEGSHAUSER REPORTING & VIDEO 1 2 7 A. 4 5 6 Q. 7 8 9 A. 10 Q. 11 A 12 Q. 13 14 1c 16 \ 17 Q. 18 19 A. 20 0. 21 22 17 C.J A. previously what you said today that y'all did do? I had forgotten the one about water -* reducing the water flow through those pi ts. But that's basically what he also covers about the rest of this document about what y'all were doing that -- Yes. ~ -- you have already talked about that -- Y0W-^ best of irty recollection. Talks about fish, mud, and water sampling. That was also ongoing at that time? As of August? Probably. That was the contract with the marine biologists. That's the one you talked about wirh the folks frcm Tulane? Yes. He indicates, Mr. Hodges does, that there was going to be seme additional testing done of fish? That were coming over * coming over and KRIEGSHAUSER REPORTING & VIDEO KRIEGSHAUSER REPORTING S VIDEO ' 1 2 3 ' 4 Q. 5 6 7 8 A. 9 Q. 10 11 ' 12 A. 13 14 15 Q. 16 17 A. 18 0. 19 A. 20 21 0. 22 23 A. ^ -------------------------1------------ --t2--| taking saiiples and going back to Anniston analyzing tissue in the fish. That's what they were doing. And Scott Tucker is referred to here as the person who was developing the analysis or doing the analysis on these fish. He uas a Monsanto employee? -- Where do you see the name? Yeah, yeah. I'm sorry. And that's unfair. The reference to him is in paragraph (0) on the last page. I see the name. 1 can't place that, I don't know where Scott Tucker worked. I have just lost that name someplace. That's all right. 1 Know who he is. Uho is Mr. H. S. Bergen, Jr.? Who7 Who was he7 i might misidentify who he was, so I'm going to say I can't. Was he sciiobody in corporate headquarters7 Yeah. He was as far as -- here. But KRIEGSHAUSER REPORTING & VIDEO ADAD21-005850 HARTOLDMON0038249 ----------------------------------------------------------------------------------------------------- 1 2 3 Q. 4 A. 5 O. 6 A. 7 Q. 8 A. 9 Q. 10 11 A. 12 13 Q. 14 A. 15 Q. 16 A. 17 Q. 18 A. 19 20 Q. 21 22 A. 23 0. what he was in charge of or responsible for, I can't -Is he sti11 living? I don't know. What about Mason, John Mason? 1 doubt if he's living. Mr. Wheeler? j He's dead. Papageorge, of course, Bill Papageorge, Who's the next gentleman? Holzapfel, is that -- after Papageorge? 1 don't know Mr. -- if he's still alive. Mr. Hozmer? Dead. What about Mr. Savage? I don't know. What did Mr. Savage do with Monsanto? At this time l don't know what his job title was. He worked here in St. Louis. But you don't know whether he's still living or not? I don't know. Tell me how much money was allocated for ----------------------------------------------------------------------------------------------------- 154--, 1 all -- if you remember, for all of these 2 cleanup processes that y'all used? 3 MR. WHITE: Everything? Total. 4 MR. STEWART: Yes. 5 A. i don't know. 6 0. (By Mr. Stewart) Were any estimations 7 ever made as to how nuch it would cost 8 to drc-dge? 9 A. No. 10 0. I noticed back in the last paragraph of 1 1 Exhibit Five that there was a reference 12 .mode to Logan Martin Lake or the Coosa 13 River. So y'all had found, I would 14 assure, PCBs in fish as of this time in 15 1970 -- that came out of the lake. Is 16 that your understanding? 17 A. 1 can't remenber that. I remember 18 because l don't remenber where the 19 biologists were sampling how far down 20 they went. 1 don't know if they went 21 down to Logan Martin at this time or 22 .. 23 Q. not. Let to show you the next document. KRIEGSHAUSER REPORTING & VIDEO 1 2 3 4 5 Q. 6 7 8 A. 9 10 Q. 11 12 13 14 15 16 \ 17 18 19 20 21 22 23 MR. STEWART: Mark this as Jessee's Exhibit Six. [Jessee Exhibit Murber Six was marked.] (By Mr. Stewart) Take a look at Six, please, sir. Then I'll ask you some questions about it. Under "Future Work"? Page six? MR. WHITE: No, no. Exhibit Six. (By Mr. Stewart) I'm calling this Jessee Six. You take a look at the whole thing. It has several pages. I want him to read the whole thing. MR. WHITE: You want him to -MR. STEWART: I want him to glance at it. I have particular reference to an item that appears on the third page. Then I'll ask him some things perhaps on Two. May not. But all I'm going to ask him about is to begin with the paragraph on the third page. KRIEGSHAUSER REPORTING & VIDEO KRIEGSHAUSER REPORTING VIDEO ------------- -- . I `- 7^---- 1 1 A. A lot of technical information in it. 2 Q. (By Mr. Stewart) I'm not going to ask 3 you about the technical information. 4 A. Thank goodness. O. I'm going to try and center on things 6 that you know saiething about. If I 7 violate that * ___ 8 A. 9 Q. Best I can. -- violate that deal, you just tell me, 10 "You violated it, Donald." 11 MR. WHITE: He's rot asking you 12 anything right now. 13 A. I'nt trying to get a fix on what time 14 frame this talks about, something prior 15 16 Q. 17 to July of -(By Mr. Stewart) It was dated July 21st of 1970, Mr. Jessee. 18 A. All right. 19 Q. Talks about Aroclor loss frem the 20 Anniston plant for a period from April 21 15th through June 30. 22 A. 23 0. Now, let's take a look at that sumary i KRIEGSHAUSER REPORTING S VIDEO ADAD21-005851 HARTOLDMON0038250 ----------------------------------------------------------------------------------------------------- V57_ 1 2 A. 3 0. 4 5 6 7 8 paragraph on page one. All right. There's a figure there of 250 pounds per day, which would indicate a loss of 250 pounds per day of Aroclor for a comparable period during 1969. Were you made aware of that when you first went to work at the plant -- 9 A. 10 Q. 11 A. 12 13 Q. 14 15 16 A. 17 18 Q. 19 A. 20 21 G. 22 23 No. When did you first learn about that? Just as a comparison when this was written. So the first time you found out about it was some six months after you went to work there, little more? Yeah. What happened, they were putting together what good were we doing. Mr. Landwehr and his group? Were trying to reduce the amount of Aroclors in the outfall. When you say `'outfall," you're talking about waste water discharge that came off that collection point you previously 1 2 A. 3 Q. A 5 A. 6 0. 7 8 9 A. 10 11 12 Q. 13 14 15 16 17 18 A. 19 Q. 20 22 23 --referred to7 The outfall right there at 202. And went into the sewer system basically through Snow Creek7 It went into Snow Creek. Then on the second page, look at paragraph D. Read, if you would, just that first paragraph. Okay. I can't read nurber sixteen. Okay. Wait a minute. Okay. 1 have read that. This indicates that at times -- and I want to make sure I'm understanding it correctly -- at times when the acid neutralization pit was cleaned out that the Aroclor rate leaving the plant was higher on those occasions? That's what it indicates. Can you tell me why mechanically that would be? Because they just amp the stuff into the sewer when they clean it out7 MR. WHITE: Object to the form. T56--j KRIEGSHAUSER REPORTING VIDEO 1 A. 2 3 4 5 6 7 8 9 10 11 Q. 12 13 14 15 16 \ 17 A. 18 19 20 Q. 21 A. 22 Q. 23 A. I can't remenber at this time if we had the other pit in, if we just had one pit or two pits. I don't renranber. If you just had the one pit, I can understand why same of the outfall might have more. It stirs it ip. Where if you could bypass that pit and put in the new pit and clean this one out * that wouldn't be the case. I don't know what the timing was on that. (By Mr. Stewart) 1 guess what I'm trying to find out is, first, what did you do with that? Did you just duip it into the sewer system when you cleaned it out, or did you drun it and take it somewhere? I think what they cleaned up, the sediment, they buried in the landfill, I th i nk. Buried it in the landfill7 I think. Yeah. Is there a possibility that * They may have dug the rock up and KRIEGSHAUSER REPORTING & VIDEO KRIEGSHAUSER REPORTING S VIDEO $ - TOO-- 1 rake ** 2 Q. When you say "stuff" ** 3 A. Sediment on that limestone. ' 4 0. Are you saying that they took the rock 5 * what did they do with the sediment on 6 the limestone? 7 A. Left it on there and buried it. -- 8 0. Buried it in the landfill? 9 A. That's what I would assure they did. 10 0. Do you actually know that's what they 11 _ did with it? ' 12 A. NO. 13 0. Did they drun it or take the durp truck 14 and take it up there? . 15 A. That's what they did. ` 16 G. Did not drun it? 17 A. 18 D. 19 Not to (try knowledge. What did you require those people who worked around that line pit tkien they . 20 cleaned it out to wear, anything in 21 particular? j 22 A. Didn't require than to wear anything. j 23 Wear whatever they wanted to wear. They | i KRIEGSHAUSER reporting & VIDEO ADAD21-005852 HARTOLDMON0038251 -----------------------------------------------------------------------------------------------------161-- 1 didn't work for us. We advised them of 2 what they were doing, what they were 3 dealing with. 4 Q. What did you tell them? 5 A. We just told them they were dealing with 6 some material that deposited on this 7 limestone ancf we -- what we wanted done 8 with it. And that -* As far as we were 9 concerned, it wasn't something that was 10 volatile or flamnable or explosive. We 11 always told contractors these kind of 12 th i ngs. 13 Q. There were contractors that cleaned this 14 out. They would take it up there to -- 15 A. They nay have done that, yeah, yes. 16 They probably transported it also. 17 Q. Take a look at page three of Plaintiff's 18 Exhibit Six, of Jessee Exhibit Six, to 19 your deposition. 20 MR. WHITE: Paragraph E? 21 MR. STEWART: Yes. 22 0. (By Mr. Stewart) Now, the second 23 sentence of that indicates that the _16a----------------------------------------------------------------------------------------- ------- -- 1 Aroctors were present in Choccolocco 2 Creek, even above where the Monsanto 3 effluent enters the creek. Was there A seme point on Choccolocco Creek where 5 the Anmston sewer system dumped stuff 6 into the creek7 7 A. Other than outfall from the plant right 8 there at 2027 I'm not aware of any. 9 Q. I'm not asking my question correct. 10 What you previously talked to us 11 about, y'all sewered or put into the 12 sewer, this waste water that you 13 collected or discharge you collected - 14 A. Yes. 15 Q. -- frem the plant. And that went, you 16 would assuue, through the Anniston city 17 sewer system? 18 A. 19 No. That went through that outfall out of the front of the plant there. 20 Q. Well, what does this mean where the 21 Monsanto effluent enters the creek. Is 22 23 A. that where Snow Creek -No. That's where that outfall from the KRIEGSHAUSER REPORTING & VIDEO -----------------------------------------------------------------------------------------------------163-- 1 plant going under 202 goes over into the 2 creek system. 3 Q. Well, this talks about Choccolocco 4 Creek. 5 A. That's just an extension of Snow Creek, 6 isn't it? 7 Q. Well, maybe I'm missing something. But 8 it says -- What I'm concerned about 9 Choccolocco Creek is.certainly some 10 distance fran the plant. It was miles 11 from the plant? 12 A. Well, Snow's Creek eventually goes into 13 it. 14 Q. Absolutely. 15 A. Well, that's -- 16 But this document here says that the 17 samples that were taken in Choccolocco 18 Creek indicates significant amounts of 19 Aroclor in the nud and water of 20 Choccolocco and Snow Creeks a 21 considerable distance, 15 to 20 miles, 22 downstream from the Amiston plant. The 23 sentence before that says they show that KRIEGSHAUSER REPORTING & VIDEO , *----------------------------------------------------------------------------------------------- 164--| i? , 1 Aroclors are present in Choccolocco 2 Creek even above where the Monsanto 3; effluent enters the creek. Where did 4 you understand the effluent entered the S 6 A. creek? From Snow Creek and into Choccolocco 7 Creek. -- 8 Q. That's your understanding of it? 9 A. Yes. 10 Q. Could they be talking about here. 11 Mr. Jessee, where rhe sewer system -- ` 12 13 14 you're familiar with where the sewer system is located, Anniston sewer system, are you not? Remember it was 15 16 A. located down near the f- HO interchange? You're talking about the Anniston Water 17 Treatment Plant? 18 Q. Yeah. 19 A. 20 0. 21 Yeah. Did not seme of your effluent that left the plant, water discharge, go into the 22 23 A. sewer system? But not from the Aroclors area. KRIEGSHAUSER REPORTING VIDEO KRIEGSHAUSER REPORTING VIDEO ADAD21 -005853 HARTOLDMON0038252 ---------------------------------- ----------------------------------------------------------- n-6*--- 1 Q. You're saying that none of it left the 2 plant through the sewer system and went 3 down and got into Choccolocco Creek 4 through the sewer. That's your 5 testimony? 6 A. Yes. My knowledge is we didn't have 7 anything going to that waste treatment 8 plant except the effluent off the 9 activate sludge system for the parathion 10 11 Q. process that went to the city. That went to the city? i ! 12 A. But nothing else. 13 Q. No Aroclor went through -- 14 A. No. 15 Q. -- went through the sewer system? 16 A. Not to nry knowledge it dich't. 17 Q. Well, now, y'all had a sewer system, did 18 you not, on your plant site, if y'all 19 had pipes and things under the ground on 20 your plant site? 21 A. That was to collect the enclosed waste 22 from the Aroclors process area. 23 Q. Where did that go? i A. 2 3 4 5 Q. 6 7 8 9 A. 10 ii 0. 12 13 14 15 16 A. 17 Q. 18 19 A. 20 21 22 23 Q. -- " 1 That is what I Keep telling is that --------- ***>---- outfall that went into that creek system. And that was only the Aroclor processing area waste streams. well, this talks about a warehouse -- take a took at page two of this docuicnt. Aroclors Department Sewers, Chlorinoior and Still Room Sewers. Thor all was collected and went through those lines tone pits. So it's your testimony here today that those sewei s wei e nut conwCicv tu uie Amiston sewer system; they went through the pits and then went out into Snow Creek? Yes. All right, i just wanted to clarify that. Yes. STEWART* Mark that please [Jessee Exhibit Nuiber Seven was marked.] (By Mr. Stewart) I'm going to ask you KRIEGSHAUSER REPORTING & VIDEO 1 2 3 A. 4 5 6 7 8 9 10 11 12 13 A. 14 Q. 15 16 \ 17 18 19 A. 20 21 22 23 about one thing on the second page of this thing. Second page. MR. WHITE: You mean -- okay. Are you talking about the one that's got biological consultants at the top? MR. STEUART; Septentoer 7th, 1971, is the date up at the top, and the distribution thing is up there. MR. WHITE: I got it. That's the one that Bcnkie Uright wrote. (By Mr. Stewart) Right. I want to talk about the letter there just a little bit. All 1 want to ask you is if you remember seeing that letter. That's all I want. 1 don't remember seeing it, but I know I did. It's got my name on it. I know it came across rrry desk. I just don't remenber. I finally recognize a couple of names in here that had forgotten. KRIEGSHAUSER REPORTING & VIDEO KRIEGSHAUSER REPORTING & VIDEO 1 0. 2 A. 4 Who IS Mr. Corder, J. L. Corder? He was the production superintendent for 3 Q. the Aroclor operations. There m Anniston7 5 A. 6 Q. Yes. for a very short period of time. Do you knou where Mr. Corder is today? 7 A. No. 1 sure don't. -- 8 0. How long did he stay with the company? 9 A. Gosh. He was there just a short period 10 of time. When we shut it down, he lost 11 his job. ' 12 Q. That's why he lost his job? 13 A. 14 15 16 Yeah. MR. STEUART: Take a look at this. [Jessee Exhibit Nuiber Eight was marked.] 17 Q. (By Mr. Stewart) Have you had an 18 opportunity to look at it7 19 A. I have, yes. 20 Q. This is a letter -* Exhibit Eight, 21 Jessee Exhibit Eight, is a letter dated i 22 September 18th, to Mr. Toby Bell in j 23 Anniston. You're listed as a person who t KRIEGSHAUSER REPORTING & VIDEO ADAD21-005854 HARTOLDMON0038253 ----------------------------------------------------------------------------------------------------- 169-- 1 got that. 2 A. I'm up there. 3 Q. Do you remember getting that? 4 A. No. But I'm sure I did. 5 Q. Mr. Hodges appears to suggest to 6 Mr. Bell in the first paragraph of this 7 letter that y'all shouldn't report -- ' a MR. WHITE: Object to the form. 9 Q. -- the losses of PCBs fran the plant to 10 Mr. Crockett. Did y'all follow his 11 advice? 12 A. Uh-iii (indicating no). You don't deal 13 with Joe Crocket that way. You tell Joe 14 Crockett the straight story every time 15 or he'll hang you out to dry. 16 Q. (By Mr. Stewart) So you actually didn't 17 follow Mr. Hodges' advice? 18 A. 19 No. Not if it meant hiding something from Joe Crockett. 20 Q. Again, there is "confidential," and 21 Mr. Hodges put it on there. What did 22 you understand that to mean, except the 23 same that you have told us before? ---------------------------------------- -------------------------------------------------------- - 170 1 A. Like that thing 1 looked at while ago. 2 1 didn't understand why Mr. Hodges puts 3 "F.Y.I. and Destroy" on stuff. 4 Q. Could it bo because of the next 5 sentence, he's worried -- or there was 6 some concern expressed -- That next 7 sentence, would you read that for us? B And I wont to ask you a question about 9 that. Just read that for the record. 10 It is about the third sentence in that 11 first paragraph. 12 A. That starts off, "Frcm the legat 13 standpoint"? 14 Q. Yes, sir. 15 A. Is that what you had in mind? 16 Q. Yes, sir. Could you read that for the 17 record, out loud? 18 A. Says, "Fran the legal standpoint, there 19 is extreme reluctance to report even the 20 relatively low emission figures because 21 the information could be subpoenaed and 22 used against us in legal actions." 23 0. What legal actions were going on at that KRIEGSHAUSER REPORTING VIDEO i 2 A. 3 0. 4 5 6 A. 7 Q. 8 9 A. 10 11 12 13 14 Q. 15 16 'A17 Q. 18 19 A. 20 Q. 21 22 A. 23 Q. time? I haven't the slightest idea. Were there any governmental actions going on at that time about your PCB loss? Not that I know of. Uere any of the neighbors suing you about it? Not that I know of. * MR. STEWART: Go on to the next one. CJessee Exhibit Nintoer Nine was marked.] (By Mr. Stewart) Now, this is a letter from Mr. Landwehr to you? Yes. About a fleeting they had with Mr. Crockett? Yes. And this meeting had occurred on October 23rd of 1970. Is that not correct? Yeah. October 23rd. Of 1970? KRIEGSHAUSER REPORTING VIDEO KRIEGSHAUSER REPORTING VIDEO ______________________ &________________________ ______ :----------------1-72---i 1 A. Yes. 2 Q. And the document that we previously 3 referred to as Jessee Exhibit Eight was '4 dated Septenoer 18th, 1970? 5 A. 6 Q. 7 Yes. Ard dealt with what PCBs were leaving the reservation, so to speak, as of -- 8 9/13/70? 9 A. All righr. ^ _ ......... 10 Q. Now, is it not a fact, Mr. Jessee, that 11 neither Mr. Wright nor Mr. Bell nor ' 12 Mr. landwehr nor you told Mr. Crockett 13 about what y'all had discovered in your 14 -- what's referred to in Mr. Hodges' 15 docuuents about what was leaving the 16 plant on 9/13/707 You didn't tell him 17 about that, did you? 18 A. 19 Q. I don't know. Look at che second paragraph. And it 20 says that in response to cjjestions about 21 post discharges, Mr. Landwehr and 22 Mr. Sell and Mr. Wright told 23 Mr. Crockett that y'all were losing KRIEGSHAUSER REPORTING VIDEO ADAD21-005855 HARTOLDMON0038254 ------------------------------------------------------------------------- ;---------------------------1-73--- 1 about one to five pounds a day. Isn't 2 that correct? 3 HR. WHITE: Help me out. Where 4 does it say anything about 5 questions about past 6 discharges? 7 MR. STEWART: Second paragraph. 8 MR. WHITE: Presently discharged, 9 I think. Are we looking at 10 the wrong -- I'm sorry. I 11 apologize. Okay. It was 12 really the third paragraph. 13 MR. STEUART: Yeah. Third 14 paragraph. 15 Q. 16 (By Mr. Stewart) Let me ask it this way: Nowhere in there did y'all tell 17 him you were losing eighty pounds a day 18 as of 9/13 of '70, did you? 19 MR. WHITE: Is there anything in 20 this doeunent that says -- 21 Q. (By Mr. Stewart) Well, I would assume 22 Mr. landwehr, Mr. Jessee, is telling you 23 what he told Mr. Crockett when they net KRIEGSHAUSER REPORTING & VIDEO 1 Q. 2 3 A. 4 0. 5 6 7 A. 8 9 10 11 12 13 14 15 Q. 16 \ 17 18 19 20 A. 21 Q. 22 23 So they were relying on you all, were they not? Yeah. To tell -- MR. WHITE: Had you finished your answer? All 1 can describe is the way it had always been done. When we found out something, we'd go talk to them. And we'd see if they thought there was a problem or if they thought we ought to ccme back, get more information and tell them more. That's all I know. That's just the way we worked with them. (By Mr. Stewart) But my question to you, sir, was they weren't doing any testing themselves, AUIC was not? Alabama Water Improvement Commission was not, were they? Not that I'm aware of. And they were relying on you to tell them what was leaving the plant site in the way of PCBs, were they not? | ! j 1 ] j [ ----------------------------------------- ------------------------------------------------------- --1-74-- 1 with him on October the 23rd of 1970? 2 A. 3 0. 4 1 would assune that. And they didn't tell him about what Mr. Hodges had been concerned about in 5 the document he sent to you in Septejrber 6 7 A. 8 9 10 n of '70, did they? I don't see those nuibers over here in Landwehr's nano, no. But I don't know what he might have told him. I don't know. That they had one incident or something, an upset that caused that. I 12 don't know. 13 Q. 14 Well, now, Mr. Landwehr was supposed to report to you, was he not? That's the 15 purpose of this Exhibit Nine. He was 16 reporting to you as to what he told 17 Mr. Crockett, wasn't he? 13 A. 19 Q. 20 21 22 23j A. i In general, yes. Now, Mr. Jessee, was there any work being done by the Alabama Water Inprovement Commssion at the plant site7 Were they doing any testing? Not to nry knowledge. i .. KRIEGSHAUSER REPORTING & VIDEO ______________ _______ _%_____________________________ -3--------------476--, 0 1 A. They were relying on us to give them a 2 report of the daily average composite 3 results. But if we had an upset in 4 something for a while and -- 5 Q. I'm not - 6 A. We weren't supposed to pick up the phone 7 8 Q. and call him. -- I'm not asking you about that. I'm just 9 asking you, Mr. Jessee, if they were in 10 fact relying on you to do it? That's 11 _ the way the system worked? ' 12 A. ! don't know whether they were or not. 13 I assuue the system worked that we'd 14 tell them what we knew to the best of 15 our knowledge, and they would say, 16 that's acceptable or it's not. 17 MR. STEWART: Let's go to the next 18 document, if we can. 19 (Jessee Exhibit Nuifcer 20 Ten was narked.] 21 Q. 22 23 (By Mr. Stewart) This is a docunent that was written by V. R. HaMDt, H-A-U-P-T. Who was he'' KRIEGSHAUSER REPORTING & VIDEO KRIEGSHAUSER REPORTING S VIDEO ADAD21-005856 HARTOLDMON0038255 ----------------------------------------------------------------------- .--------------------T77__ 1 A. 2 3 G. 4 A. 5 Q. 6 7 A. 8 Q. 9 A. 10 a. n 12 A. 13 G. 14 15 A. 16 Q. 17 A. 18 19 G. 20 21 22 23 A. He was a process engineer that worked for landwehr. One of the ones you mentioned earlier? Pardon me? One of the gentlemen you mentioned earlier that perhaps was involved 1 couldn't raWtoer a name. Certainty. He was a process engineer. 1 understand. That was seme time ago. Mr. Jessee. Yeah. Tell me, if you would, if you know where Mr. Haupt is now? Any idea? No, I don't. Uho is 0. Dama? Do you have any idea? He worked here in the general office. I can't remember his role in this. Take a took at the first paragraph. ! wanted to ask you a couple of questions about that. Are you taking a look at that? Yeah. 1 Q. 2 3 4 A. 5 Q. 6 7 A. 8 Q. 9 10 11 12 13 14 A. 15 G. 16 17 18 19 20 21 22 A. 23 ' Q. Soys, "Aroclor losses" -- this is November of '70 -- "averaged 25" -- and is that "pou-ds a day"1 Yes. Then the next, is that "one high value accounted-for 18 pounds a day"? That's the way I read It. New, this next sentence I don't quite understand. Maybe I'm missing something. But it said, "Arocior losses during Noventer averaged twenty*five pounds a day." Am I reading that right, thar first sentence? That's what it says. Then it says "one high value accounted for eighteen pounds a day." Then he goes cxi to say, "Neglecting this, the Novetiber average would be seven pounds a day.11 How would one arrive at that? Are we -8eats me. 8eats me, too. I'm trying to figure it --+78--, KRIEGSHAUSER REPORTING & VIDEO 1 2 A. 3 4 0. 5 A. 6 7 0, 8 9 10 11 12 13 14 15 16 \ 17 18 A. 19 20 21 22 23 out. I don't understand the arithmetic at all. But that doesn't add up, does it? Not the way I read it. 1 wonder -- MR. WHITE: You have answered. (By Hr. Stewart) You were going to go on ahead: And your-lawyer's trying to get you not to. But'finish your answer. MR. UHITE: Finish your answer if there's anything else you need to provide to accurately -- THE WITNESS: I was just thinking out loud. MR. WHITE: Don't think out loud. Just answer his question. I don't know that the basis cf this is. Doesn't make any sense* MR. WHITE: You have answered. Don't ruminate. MR. STEWART: Well, I would just prefer the witness be allowed KRIEGSHAUSER REPORTING S VIDEO KRIEGSHAUSER REPORTING & VIDEO --180-- to answer the question. 2 3 "4 MR. WHITE: He has answered the ques tion. MR. STEWART: I know you represent 5 6 A. him. I agree with you, Donald. 1 don't 7 understand his arithmetic, either. --- 8 0. (By Mr. Stewart) Thank you, Mr. Jessee. 9 [Jessee Exhibit Nurber 10 Eleven was marked.] 11 G. (By Mr. Stewart) This would be Eleven. ' 12 This is a document dated Noveirber 30, 13 1970 fran Mr. Miller. And you were a 14 distributor on -* got this done. Do you 15 remerber receiving that docunent? 16 A. 17 G. 18 19 No. I have to assume I did. It says -- Up there at the top it says "Joe, did everyone get a copy of this?" Is that your handwriting? | SOI1 A. No. 2l| Q. Do you know - - 22 A. It is not. , 23. Q. *- whose it is7 i KRIEGSHAUSER REPORTING S VIDEO ADAD21-005857 HARTOLDMON0038256 ----------------------------------------------------------------------------------------------------- 181-- 1 A. I don't know. 2 Q. In the first paragraph it said -* 3 appears to indicate that some samples 4 were -- had been missed- Do you 5 remenfcer -- Do you recall that 6 happening? 7 A. No. J 8 MR. WHITE: Are you moving on to 9 another one? 10 MR. STEUART: Yeah. 11 [Jessee Exhibit Murfcer 12 Twelve was marked.] 13 Q. 14 (By Mr. Stewart) This is a docunent Jessee Twelve. This is December of '70. 15 This was sent to you. Could you 16 interpret sore of this for me? This is 17 from Mr. Papageorge. You have 18 indicated, Mr. PCS. 19 A. Yeah. 20 Q. Says, "During the month of November 21 Anniston reported 1410 parts per 22 billion." 23 A. I don't know where you are. i 0. 2 A. 3 Q. 4 5 6 A. 7 Q. 8 A. 9 Q. 10 ' 11 12 13 A. 14 15 16 0. 17 18 A. 19 Q. 20 21 22 23 -- ------------ *62-- Second paragraph. Yes. Yes. Can you tell me what if anything you knew about -- or know sitting here today about the significance of that? I don't remember anything about this. Is that high, low7 I don't know. Did you ever know what would be a high reading for PCBs in effluent, or in water7 Is that what that refers to, in this waste water7 Yes. I have to say that I believe that's so, that's true, the way you interpreted that. You're telling me that you didn't know what was or was not a high reading? I don't remember knowing that, no. Okay. Says because of the seriousness of PCB problem Of course, Mr. White's objected to me using the term "problem," but is that the way y'all viewed it, as a problem? KRIEGSHAUSER REPORTING & VIDEO i A. No. 2 MR. WHITE: I also object to what 3 your thoughts might be as to the reason 4 I might be objecting. '5 MR. STEWART: Okay. 6 MR. WHITE: It is a cheap shot, is 7 what that is. But you have 8 answered the question. 9 O. (By Mr. Stewart) Do 'you know what he 10 meant about the seriousness of the PCB 11 problem? Had he comanicated that to 12 you, Mr. Papageorge? 13 A. No. 14 Q. 1 15 A. He refers to it in the first paragraph. I never discussed at length any of this 16 \ with Papageorge. 17 Q. Anybody else in Monsanto discuss that 18 with you at the time? 19 A. No. This is all internally. 20 Q. (By Mr. Stewart) Take a look at another 21 docunent dated in December. 22 (Jessee Exhibit Nunber 23 Thirteen was marked.] KRIEGSHAUSER REPORTING & VIDEO ____________________ -ft______________________________::__________ --, 1 Q. 2 3 (By Hr. Stewart) Take a look at that. Again, this "confidential" and "read and destroy." Appears to be something from 4 Mr. Haupt. Have you had time to look at 5 that, Mr. Jessee7 6 A. Almost. Okay. 7 Q. What did you understand the -- 8 "confidential" "read and destroy" meant? 9 Were you supposed to destroy that once 10 you read it? 11 A. You got me. I don't know. ' 12 Q. Did you ever do that? 13 A. I don't remenber ever doing it. 14 Q. Do you remenber doing it with this 15 particular docunent? 16 A. No. 17 Q. Do you renenber being told -- 18 A. I don't remenber what 1 did with this 19 particular document. 20 Q. Another docurent it said for your 21 22 A. information -F.Y.I. 1 don't know what that means. 23 Q. Sort of looks like James Bond. KRIEGSHAUSER REPORTING & VIDEO KRIEGSHAUSER REPORTING & VIDEO ADAD21-005858 HARTOLDMON0038257 ----------------------------------------------------------------------------------------------------- 589-- 1 on the inerts." What would the inerts 2 be? Is he taking the pounds of PCS 3 material out *- Is he talking about the 4 limestone pit? Is that what he's 5 talking about, or what he has reference 6 to? 7 MR. WHITE: You mean what the 8 "inerts" refers to? 9 A. Source of where this came from? Is that 10 v^at you're asking? 11 Q. (By Mr. Stewart) I'm trying to figure 12 out where he's talking about these PCSs 13 14 A. ccming frcro -1 am too. 15 Q. On -- And I assure he's referring to 16 something that was done on the Anniston 17 plant site. But let's make sure of 18 that. 19 MR. UHITE: Do you know if this is 20 just the Anniston plant site 21 that was -- 22 THE WITNESS: I don't know. I'm 23 trying to decode. This thing ------------------------------------------------------------------------------------ -------------- 190-- 1 doesn't make any sense to me. 2 MR. UHITE: That's right. 3 Q. (By Mr. Stewart) I'm trying to decode 4 it too. That's what discovery is all 5 about, Mr. Jessee. And you were the 6 plant manager at the time. I'm sorry 7 you have to be here, but that's the only 8 way we have of doing it. 9 A. 1 understand; I understand. But I can't 10 make any sense out of this. I have no 11 idea what this ** 12 a. Well, it deals with project evaluation. 13 And there are seme things, obviously, 14 that refer to Krunurich and that whole 15 list of things. Do you know who is the 16 author of the little one liner here 17 right after Mr. Haupt's signature, "But 18 WOC is saying that lime doesn't work?" 19 And there is a question mark after that. 20 Who is Sill C.? 21 A. I don't know. 22 Q. Were you aware of that particular thing 23 ' being said by the people at Krurmrich, KRIEGSHAUSER REPORTING & VIDEO 1 2 A. 3 4 Q. 5 A. 6 Q. 7 8 9 10 11 A 12 13 Q. 14 15 16 17 Q. 18 19 A. 20 21 22 Q. 23 A. that lime does not work? I don't refnerrber that specifically. WHITE: Object to the form. (By Mr. Stewart) Sir? I don't remeirber that specifically. No. Did either Mr. landwehr or Mr. Papageorge or Mr. Bell, anybody ever tell you that even though we are running these PCSs through the lime pit, it's not working? 1 Hrm'f rotn^rh^r anvbndv fAllinn idp that. Uiat was the purpose of the pit? To neutralize the chemical that went through there, the PCBs? No, not PCBs. Why did you run it through the pit, then? Because there was an acidic stream Remenber I told you about that pack col urn? Yes, sir. There was chlorine in that thing. And KRIEGSHAUSER REPORTING & VIDEO KRIEGSHAUSER REPORTING & VIDEO 1 2 3 4 5 Q. 6 7 8 A. 9 10 11 Q. ' 12 A. 13 Q. 14 A. 15 Q. 16 17 18 19 20 21 22 23 Q. *; ... . --s----------------402-----. it was acidic stuff coming out the bottom of it. And we ran that through the limestone pits to neutralize the acid in the outfall from the plant. You were just neutralizing acid; didn't have anything to do with the cleanup of . PCBs? --- Turned out it did because the PCS had an affinity for depositing themselves to the limestone. So they attached to the limestone? Yeah. Chanically nothing happened. That was just a side benefit? You bet. So maybe, then, this inert material that you're talking about, twenty tons of inert material, you picked up 260 poinds of PCBs that probably were absorbed cn the inerts^ Would the inerts be l irnesrone rocks? MR. WHITE: Hold on. You asked what he ueant. (By Mr. Stewart) What is meant by the KRIEGSHAUSER REPORTING S VIDEO ADAD21-005859 HARTOLDMON0038258 ----------------------------------------------------------------------------------------------------- >93-- 1 paragraph. You're correct. 2 Could that be what -- 3 MR. UHITE: Go ahead. You're 4 asking the question. 5 MR. STEUART: I'm trying. 6 THE WITNESS: Try me again. 7 MR. UHI'TE: Start over again. 8 Donald. 9 THE WITNESS: Okay. 10 Q. (By Mr. Stewart) I'm just saying, could 11 that affinity for attaching itself to 12 the limestone be what happened here and 13 what they have reference to in paragraph 14 four? Talks about an 15 A. Could. I don't know. 16 Q. -- effective pit life. I would assume 17 that's talking about the limestone pit. 18 Oo you know if they had a limestone pit 19 located at Krunurich? Did they use that 20 i_p there? 21 A. I don't know. 22 Q. Take a look at paragraph twc. There's a 23 "Bicdize clarifier." What does that -------- ----------------------------------------------------------------------------------------494,-- i mean? You explain to me and the ladies 2 ard gentlemen of Che jury what a 3iodize 3 clarifier is. u A. It was sane patented licensed technology 5 sanebody has got for cleaning water tp. 6 Q. Cleaning water cp? 7 A. Any kind of water. 8 Q. That might have PCBs -- 9 A. No. That might have anything that you 10 don't want in there. 11 Q. Do you know of any effort that was ever 12 made, either at Kruimrich or at the 13 Amiston plant, to use one of these 14 clarifiers to clean up PCB contaminated 15 effluent before it left the plant site? 16 A. 1 don't remeirbor specifically if it was 17 or not. 1 don't know, I don't know. 18 Q. Now, what do they have reference to 19 about the laboratory tests that were 20 conducted in the Anniston laboratories? 21 Was that on the Anniston plant site? Or 22 was it located off the plant site, the 23 Amiston laboratories? KRIEGSHAUSER REPORTING 8, VIDEO 1 A. 2 3 4 5 6 Q. 7 8 9 10 A. 11 Q. 12 13 14 Q. 1C A. 16 \ 17 18 19 20 Q. 21 22 A. 23 Q They probably took some Betz polymer there they talk about into our laboratory and ran seme PCB effluent over it to see what it -would do in the laboratory. Do you know if that process was ever used at the Anniston plant during the time that you were there to remove seme of these PCBs from the effluent? I don't think it was. Didn't work^ MR. WHITE: Didn't work? Is that what you said? (By Mr. Stewart) Did it work at all? I don't think it was satisfactory. Well, I've got to explain an awful lot of stuff to go with that, because as I recall later, we had to use carbon. packed carbon So you wound cp using the packed carbon as opposed to this -Yeah. I believe that's what happened. Because it di't work"^ KRIEGSHAUSER REPORTING & VIDEO ______________________ -----------------------------------------------------------------------5-----------------------496-- 1 A. [ don't think it was efficient enough or 2 someth i ng. 3 MR. STEWART: There were a lot of '4 nuibers, Mr. White, on here 5 and some information. Do 6 y'all know -- T'all have been 7 good enough to provide us -- 8 with cleaner copies at seme 9 point in time. It very well 10 nay be that you have sane of 11 those somewhere. ' 12 MR. WHITE: I don't know but -- 13 MR. STEWART: Tou have not been 14 involved in the process. 15 Mr. kelly has. 16 MR. WHITE: You're asking whether 17 we can provide a clean copy 18 of this particular copy? 19 MR. STEWART: Not clean. Actually 20 a more legible copy. 21 MR. UHITE: More legible. We can 22 find out. Sure. 23 [Jessee Exhibit Nurber KRIEGSHAUSER REPORTING S. VIDEO KRIEGSHAUSER REPORTING VIDEO ADAD21-005860 HARTOLDMON0038259 ----------------------------------------------------------------------------------------------------- 197-- 1 2 Q. Fourteen was marked.] (By Mr. Stewart) This is a December 3 29th, 1970 document. Have you had an 4 opportunity to look at this7 5 A. 6 Q. This is the first time I have seen this. Mr. Jessee, this indicates that there 7 8 A. were some ai^sarrples taken' Yes. 9 Q. How long had y'all been taking air 10 samples at the Anniston plant site as of 11 this day, December 19th, 1970? 12 A. I think it was the first time. 13 Q. u A. First time? Yeah. 15 Q. For what period of time did you take 16 them? 17 A. I don't know. 18 Q. 19 This indicates that samples were taken from 11/5 apparently to 11/24? 20 A. Uh-huh (indicating yes). 21 Q. 22 Of 1970, I assume. Did you take any after this? 23 A. I don't know. ---------------------------------------------------------------------------------------- -------- 198--, 1 Q. Who would know about that? Uoutd 2 Mr. Wright be the one who was taking 3 those sanples? 4 A. Right. 5 Q. Bunkie Wright? 6 A. Yes. 7 Q. He indicates on the next page that there 8 was seme sampling done in January about 9 PCB losses to the atrosphere. Do you 10 know what the results of that sanpling 11 was? 12 A. No. 13 Q. Do you remenber7 14 A. I don't remember. No. 15 Q. So it's your testimony here that -- Do 16 you remenber these air sanples being 17 taken? 18 A. No. But I'm sure they were taken. 19 Q. Where is Newport? Is that an Aroclor 20 plant chat Monsanto * 21 A. Newport is in - It's either in Wales or 22 England. 23 Q. Wales or England? KRIEGSHAUSER REPORTING X VIDEO 1 A. 2 Q. 3 A. 4 0. 5 A. 6 Q. 7 8 A. 9 10 Q. 11 12 13 A. 14 Q. 15 16 17 18 19 20 21 22 Q. 23 A Yes. Was that an Aroclor plant? They made -- Aroclor plant. By Monsanto? Yes. What time --Do you know what type of eauirmenf was used to test -- Take the sanples? No, I don't know what he used. - So you don't remerrber receiving any kind of information about this during the time that you were at the plant' No, l don't. Were you concerned about PC8s leaving the plant via air? Yes. Because we were trying to put together a total picture. And that's what this was an attempt to do. After f rhe hi a rw u a real source of PCBs. This is minuscule, nothing. This is nothing? Y*ah KRIEGSHAUSER REPORTING & VIDEO %.______________________________=---------------2GB--i 1 Q. What did you make by the way of 2 detennination, you folks there at the 3 Anniston plant or Monsanto in general. 4 as to the main source of PCBs leaving 5 the plant site? 6 A. Liquid waste. 7 0. Liquid waste? -- 8 A. Yeah. That we have looked at in 9 previous docunents. 10 0. Let ne show you a docunent we'll mark n jessee fifteen. ' 12 [Jessee Exhibit Nurber 13 fifteen was marked.] 14 0. (By Mr-. Stewart) This talks about a 15 disnentling process. Did you handle 16 chat? Uas it handled during your time 17 at the plant? 18 A. My plant engineer did. 19 0. That would be Mr. -- 20 A. Schulte. 21 a. What happened to that equipment? 22 A. It was dismantled and removed frem the 23 plant. ! think -- This corporate KRIEGSHAUSER REPORTING & VIDEO KRIEGSHAUSER REPORTING & VIDEO ADAD21-005861 HARTOLDMON0038260 1------------- --------------------------------------------------------------------------------------- --! 1 engineering guy 145 there, Beal or 2 somebody, put out seme notice to people 3 did they went to buy it for scrap value. 4 buy it for use in other process areas at 5 Monsanto or anyplace on the market. Not 6 -- very few takers. They used some of 7 ir seme placed. 1 don't know where all a it went, within Monsanto. And seme of 9 it got cut up and buried. 10 Q. 1 A. Where was it buried? ! do not know what the contractor did 12 with it. 13 Q. So you don't know whether it was buried 14 -- on page two there's an indication IS that there's some tanks pipes and 16 equipment which were buried on the 17 Anniston plant landfill. 18 A. Could well have been. 19 Q, Anvthing else? 20 A. That's all I know, all I can remenber 21 about all this. 22 Q. Was any of that buried off the plant 23 site? i ! ! ---------------------------------------------------------------------- --------------------------- --203--, 1 A. 1 don't know. 2 MR. STEWART: We'll go on to the 3 next. Here are two docunents U that we'll mark as 5 Plaintiff's Exhibit Sixteen. 6 (Jessee Exhibit NuTber 7 Sixteen was marked.] 8 0. (By Mr. Stewart) This has reference to 9 a meeting that y'all had with Mr. John 10 White, who was an administrator of 11 region four FPA. 12 A. Yeah. 13 G. Regional director? 14 A. Yes. 15 G. Apparently director of enforcement. Did 16 you attend that meeting? 17 A. Yes. 18 Q. On the first page it indicates that the 19 Federal Department of Justice had 20 recanrended that a suit be initiated 21 against Anniston for PCBs? 22 A. Yes. 23 Q. You had previously indicated you dich't KRIEGSHAUSER REPORTING & VIDEO 1 2 3 4 5 A. 6 7 G. 8 9 10 11 12 A. 13 14 Q. 15 A. 16 0. 17 18 A. 19 Q. 20 21 A. 22 Q. 23 remenber this. Does this refresh your recollection that you had actually been tOiu aouut tnatr mis iieetlng tuuK place in Novenber of 1971? 1 thought they were asking me if we had been sued. And I said no. Well, okay. Were you aware of the fact during the time frame that y'all were talking to Mr. Crockett, after you got there, that this Department of Justice initiative might take place? I learned about that at that meeting. yeah. At the meeting where? With John White. Was that the first time that you knew about that? Yes. You didn't know anything about it before that time? No. I never heard about it before that. And what did he tell you about the nature of that action, other than what's KRIEGSHAUSER REPORTING & VIDEO _____________________ k______________________________ t---------------304--j 1 2 A. J7 G / listed here in this paragraph? I don't remenber. Well did he tell you how far along they were in talking about this action? 5 A. 6 Q. 7 No. Did he tell you when they had first discussed it? --- 8 A. 9 Q. No. To your knowledge had there, been any : 10 Monsanto involvement? Did he say that 1 1 *- nor you and not people from the ' 12 Amiston plant -- but some kind of 13 Monsanto involvement with either the 14 Justice Department or some officials 1C from the goverrwient, either EPA or the 16 17 A. Justice Department before this meeting? No. He didn't expand on this when 1 was 18 present at this meeting. He just 19 11on t! oned i t 20 Q. All ne told you was that they were 21 thinking about suing you. And that's 22 the first tine to your knowledge that 77 anybody from Monsanto knew about it? KRIEGSHAUSER REPORTING & VIDEO KRIEGSHAUSER REPORTING & V10EO ADAD21-005862 HARTOLDMON0038261 ----------------------------------------------------------------------------------------------------- ses-- 1 A. Something to the effect that they had 2 advised him to do something like this. 3 But not them. I don't know who does it. 4 Q. Why is it that he told you that he was 5 being asked to do that? 6 A. I don't know. 7 MR. WHIJE: Object as to why 8 somebody else did something 9 unless he told you. 10 A. I don't know. 11 Q. (By Mr. Stewart) I would obviously have 12 reference to what he told you. 13 A. I don't know. 14 Q. Why is it that he told you -- 15 A. I don't know. 16 Q. Uhat was y'all's response to that at the 17 meeting? 18 A. Something along the lines, hey, we just 19 are getting into the thing, trying to 20 find out what sane measurement of the 21 effluents are. We think this would be 22 premature until we fird out something 23 and somebody rakes seme kind of ---------------------------------------------------------------------------------------- ---------- 20^ 1 . 2 a. determination as to whether it was bod. Was this the meeting where he asked you 3 4 A. to dredge the - Yeah. This is where this cane up, yeah. 5 6 Q. 7 8 A. 9 as I recall. What was your response to him about that? What you previously told us? Yeah. That it would probably exacerbate the problem, if there was a problem at 10 u Q. 12 13 14 15 16 17 A. 18 19 20 Q. 21 22 23 all. On the last page there's -- Because this is Mr. Hozmer's letter -- "It was suggested by Mr. white that it might be desirable to dredge Snow Creek. I believe we convinced him this is undesirable." Is that -That's kind of where we left it, because it never cane up again. We never got an order frem him to dredge it. And then the next paragraph on that page says, "We received strong indications that the Southeast Regional EPA office will recatmerd strongly against the KRIEGSHAUSER REPORTING S, VIDEO 1 2 3 4 5 6 A. 7 8 Q. 9 10 11 12 Q. 13 14 A. 15 16 \ 17 18 19 20 Q. 21 22 23 A. Refuse Act suit by the Federal Department of Justice." Apparently y'all had convinced him that that's sanething that shouldn't be done at that point in time. That seems to be what Mr. Hoarier thought. How many people from the conrnnity were with you at the time.that you were talking to Mr. White with Mr. Crockett? MR. WHITE: You mean Anniston? (By Mr. Stewart) Uas anybody there from the comnjni ty? No, no. MR. STEWART: The Last document that I have here, Mr. Jessee, would be Jessee Seventeen. [Jessee Exhibit Nurber Seventeen was marked.] (By Mr. Stewart) This is a letter you sent to John Bolton with the Water IfTprovement Ccnroission? Yes. I guess he replaced Crockett, KRIEGSHAUSER REPORTING 5 VIDEO 1 2 Q. 3 A. 4 Q. 5 6 7 A. 8 9 10 Q. 11 A. 12 13 14 15 Q. 16 17 18 19 20 21 22 A. 23 C. 5*------------------------------------------------------------------------------------------------ didn't he? 1 don't ranectoer. I have no idea. I suspect he did. After this letter dated July 13th of '72 did y'all report anything at all about PCS emissions frem the plant? We kept on for a while. Until he ___ finally got an answer frem region four chat it was okay to stop reporting. When exactly did that happen? I don't ranenber. Wasn't -- It was like towards the erd of '72 they finally said, okay, you don't have to keep sending it. Now, during this time frame that we're talking about here, from the time you went down to the plant and began to deal with this problem until 1972, the erd of 72 when y'all stopped reporting, did anybody from AUIC ever visit the plant s i te? Oh, yean. How many titles did they do that? KRIEGSHAUSER REPORTING i VIDEO KRIEGSHAUSER REPORTING S, VIOEO ADAD21-005863 HARTOLDMON0038262 |----------------------------------------------------------------------------------------------------- 209-- 1 A. I'd estimate they probably came up once 2 every three months. 3 Q. 4 A. Who was it that came up? Sometimes Joe Crockett came. Sometimes 5 he had one of his technical people ccme 6 but, you know, I can't ** 7 Q. 8 What did they1 do when they came up there? 9 A. 10 They usually got with Bunkie Wright and these other people and talked about what n was going on, what our latest 12 information was, had we picked up 13 anything new that we hadn't had a chance 14 to talk to them about. 15 Q. Did they do any testing at all? 16 A. 17 I don't remefrber that they did. They may have, but I don't remember. 18 Q. How long did they stay there when they 19 20 A. came on those occasions? Drive up from Montgomery and probably 21 22 Q. stay about half a day. How long did they actually spend 23 surveying either the plant site or -- !---------------------------------------------------------------------------------------- ----------240-- 1 A. I don't k/iow. Matter of hours. I don't 2 know hew many. 3 Q. 4 To your knowledge did they ever go to the landfill that was south of 202? 5 A. 1 don't know whether they did or not. I 6 don't even know if that was in their 7 8 Q. bailiwick to look at that. Did you during this time frame ever do 9 any testing in the ditches east of the 10 plant that cane off that landfill? 11 A. I don't rernenber if we did or not. 12 0. You have indicated that Mr. Wright 13 looked at those places over there.. Do 14 you ever recall requesting him to do any 15 testing over there? 16 A. No. 17 Q. Did you ever beccne concerned at any 18 point in time during your tenure there 19 about losing PCB waste or PCBs coming 20 off the landfill? 21 A. 22 0. 23 A. Yes. And why were you concerned about that? Because I dickt't want there to be -- I KRIEGSHAUSER REPORTING S VIDEO 1 2 3 4 Q. 5 6 A. 7 8 9 10 11 Q. 12 13 14 A. 15 Q. 16 \ 17 A. 18 19 Q. 20 21 A. 22 Q. 23 A. wanted us to know as best we could the origins of PCB waste, effluent, water, liquid effluent. Uhat did you do to find out if there was? ) sent Bill Taffee over there and J said "look around. If vou need to grade, change the terrain, change v^iatever you need to.change over there, do it." Did you do any testing, though in the sediment or the tributaries that came off that landfill? I don't know. There were seme ditches and things like that that came off the landfill. Yeah. I have to assure that they tried to or did. i don't know. Did you ever see anv results that cane off there - I don't remenber whether I did or not. Did you ask them to do that? No. KRIEGSHAUSER REPORTING & VIDEO _______________________Ss_____________________________.--------------- 242-- 1 Q. 2 A. 3 '4 5 6 0. 7 8 9 A. 10 0. 11 A. ' 12 Q. 13 14 15 A. 16 Q. 17 18 A. 19 20 a. 21 22 23 You were concerned about it? But if Taffee went up there and found something that was leaking out of the landfill, I'm sure he had somebody take a sanple of it, but I don't know. So you were concerned about the possibility that something could be ___ leaking out of the landfill * Sure, sure. :. -- during your time frame? . Sure. Did you report that to Mr. Papageorge and the people at corporate headquarters? - i didn't. Did you tell Mr. Hodges at any point in time about iO I don't remeiiter celling Mr. Hodges anything about anything down there. Did you tell anybody -- There were people living around the east of the plant ard also north of the plant. Did you ever tell than about your concerns? KRIEGSHAUSER REPORTING & VIDEO KRIEGSHAUSER REPORTING S, VIDEO ADAD21-005864 HARTOLDMON0038263 ---------------------------------------------------------------------------------------------------- 243-- 1 A. No. 2 Q. 3 Did you ever tell them about your concerns that something might be u leeching out of the landfill9 5 A. No. 6 Q. 7 Did y'ail ever tell them not to raise vegetable gardens? a A. No. 9 Q. Did you ever tell anybody at the city. 10 even the public works department or a 11 city official, about the landfill? 12 A. No. 13 Q. Your concerns about the landfill? 14 A. No. 15 Q. What kind of activities were you 16 involved in, Mr. Jessee, when you were 17 there in Anniston? What kind of things 18 did you do -- I know you talked about 19 you managed the plant. But I'm talking 20 about other than that. 21 MR. WHITE: Outside of his 22 employment? 23 Q. (By Mr. Stewart) Outside of your ------------------------------------------- ------ ---------------------------------------------------^44---- i employment. Can you give us a brief -- 2 what kind of activities you were 3 involved in7 4 HR. WHITE: Civic? Churches? 5 A. 1 was involved with the Girl Scout 6 Council. 7 0. (By Mr. Stewart) Did you attend church? 8 A. Yeah. Anniston Methodist Church there. 9 Q. First Methodist? 10 A. Yeah. 11 Q. I knew that. 12 A. I was involved in the United Way work 13 there. 14 Q. What about Chamber of Carmerce? 15 A. Not the Chanber. Rotary, but not the 16 Chanter. And I was involved from time 17 to tine with getting Monsanto's 18 philanthropic ring to donate money to 19 worthy causes to things like the 20 hospitals, the Boys Club. 21 0. VJhat was your budget, plant budget 22 authority, those kinds of things? 23 A. 1 didn't have any. ] had to write a KRIEGSHAUSER REPORTING S VIDEO ------------------------------------------------------------------------------------------------------------------------------------------------------- 1 2 *7 U 0. 4 5 A. 6 7 8 request. And they decided how much I got. Can you give me some idea of how many people worked at the plant7 Yeah. When I went there, I think there were about 400. After we shut down the parathion, there was probably 200 -- or shut down Aroctor. 9 Q. 10 A. 1I 12 Q. There were 200? - Yeah. About 200, maybe 229, something 1 i ke that What portion of your plant profit, net 13 16 15 A. 16 T?. 17 A. 18 0. iln7 20 A. profit, was attributable to the Aroclors? I don't know. Do you have any idea -I wasn't privileged to that information. As plant /ranager you didn't know anything about that7 No. My concerns were costs. 21 Q. So who would have had that kind of 22 information? 23 A. That would have been up here in the KRIEGSHAUSER REPORTING 1 VIDEO KRIEGSHAUSER REPORTING & VIDEO -- 5 1 aorketing area. 2 G. Was it a fairly profitable product, make 3 pretty good money off of it? 4 A. Like l said, I don't know what the 5 6 Q. prof it was. Do you have any idea as to the total 7 amount of philanthropic giving, say, 8 nurtoer y'ail gave per year while you 9 were there? 10 A. It wasn't a regular anoint- per year. 1 11 don't know. -* ' 12 0. Did it ever exceed $5,000, $10,000? 13 A. Yes. 14 Q. $20,000? 15 A. 16 Q. Probably not. Between 10 and 20 is perhaps vhat you 17 gave7 18 A. Maybe that nuch. 19 G. Was that each year? 20 A. Not necessarily. Sene years it might be 21 none. Because l didn't have anybody 22 colling me up and saying, hey, we want ro make an addition to the Boys Club, or ,r,0~ ' ru 04 KRIEGSHAUSER REPORTING & VIDEO ADAD21-005865 HARTOLDMON0038264 ---------------------------------------------------------------------------------------------------- 1 2 3 4 Q. 5 6 A. 7 8 9 10 11 12 Q. 13 14 15 16 A. 17 Q. 18 whoever -- United Way was every year. I don't remember what that was, but that was a fairly nice sun. Were y'all contributing to schools at that point in time? No. Uell, nontaxable -- how do I want to put this? 1 Private institutions of learning. There was some contributions. But I didn't handle that. That was handled out of St. Louis, universities, things like that. Did you have any public relations person hired at that time? MR. WHITE: Anniston? MR. STEWART: Yes. Anniston? Not per se. (By Mr. Stewart) Did you ever user the services of a public relations person? 19 A. 20 Q. 21 22 23 No. Did you have what was called a community relations program going on at that time other than this philanthropic giving that you participated in? KRIEGSHAUSER REPORTING & VIDEO NOTARIAL CERTIFICATE I SHEILA L. FORD, a Registered Professional Reporter ard duly cormissioned Notary Public within and for the State of Missouri, do hereby certify that there cane before me at the Ritz-Carlton Hotel 100 Carondelet Plaza, St. Louis, MO 63`05, GENE JESSEE, who was by me first duly sworn to testify to the truth and nothing but the truth of all knowledge touching and concerning the matters 9 in controversy in this cause; that the witness was thereupon examined under oath and said 10 examination was reduced to writing by me; and that the signature of the witness was waived 11 by agreement of witness and alt parties and tnat this deposition is a true and correct 12 record of the testimony given by the witness. 13 I further certify that I am neither attorney nor counsel tor nor related nor 14 employed by any of the parties to the action in which tnis deposition is taken; further, 15 that I sfii not a relative or nrilQvee of anv attorney or counsel employed by tlie parties 16 'hereto or financially interested in this action. 17| IN UITNESS WHEREOF I have hereunto set 18 my hand and seal this the 21st of July 1999. 19 rnrniicciiin ay Marrh ?fin? 20, 21 sneita l. hora Notary PldI i c 22 -i)- ------------------------------- ---------------------------------------------------------------------- i A. 2 Q. 3 4 5 6 A. 7 Q. 8 A. 9 10 Q. 11 A. 12 13 14 15 16 17 18 19 20 21 22 23 NO. Who were scwio of your close friends that you were associated with while you were there in Anniston, Mr. Jessee, who might siiU be there' Thirty years? I don't know. Do you still comiunicate with people? I have not had any contact with them since I left. . Where did you live when you were there? 1 Lived 143 off Tenth Street mountain. MR. STEWART: ! believe that's all 1've got. MR. WHITE: Okay. Unless you disagree, I suggest you waive your signature, read ard sign, or do you want -- THE WITNESS: I'll waive that. (AND FURTHER DEPONENT SAITH NOT.) * KR1EGSHAUSER REPORTING S VIDEO a KRIEGSHAUSER REPORTING l VIDEO ADAD21-005866 HARTOLDMON0038265 JESSEE.TXT '53 7:18; 11:5 '60s 15:14; 108:6 ' '61 11:6,8; 12:20 '64 20:20,21 '65 21:2 '66 21:2; 22 :14 '69 68:15,20 '70 59:12; 68:16; 97:16; 118:3,9,10; 136:15; 173:18; 174:6; 178:2; 181:14 '70s 188:9 '71 28:23; 118:10 '72 118:10; 208:4,12,19 '74 44:8 '75 44:9 '76 47:18 f / oft fZt Zft . fZt Z^ ,. 28:23; 32:20; 33:7; 35:4; 38:15; 41:7, 14; 44:22; 47:19; 48:3; 59:12; 97:16; 118:3 '86 33:8,9; JO JC .. 44 /. J-ftOO 1ft UZ ; 41:7,14; 44:22; 47:19; 48:3 '87 13:9 '89 13:9 1 A4 UA fitiO1 j? .. 4xo^ 10,000 216:12 100 2:17; 219:5 10:00 98:12 10th 123:2 11/24 197:19 11/5 197:19 1131 3:2.5 13 219:19 133 3:16 13th 208:4 1410 181:21 142 3:16.5 15 163:21 155 3:17 15th 156:21 167 3:17.5 169 3:18 172 3:18.5 177 3:19 18 178:6 181 3:19.5 182 3:20 184 3:20.5 18th 168:22; 172:4 1950 7:6 1961 18:8 1966 15:15 1969 157:6 / o : 4x 1970 15:15; 22:15,18; 28:22; 96:2; 134:20; 136:4,7; 154:15; 156:17; 171:21,23; X i , ** f X/*** 180:13; 197:3,11,21 1971 167:8; 203:4 1972 208:18 1978 6:13; 32:15,16; 85:23; 96:3 1999 1:14.5; 2:15.5; 4:7; 219:18 19th 197:11 1st 22:14,22 2 216:16 20,000 216:14 200 215:7,9,10 2002 219:19 201 3:21.5 202 3:22; 78:11,23; 80:6,15,18; 88:8; 91:1; 97:18; 120:6;. 158:2; 162:8; 163:1; 185:17; 210:4 208 3:22.5 20th 3:6 21927 3:7.5 21st 156:16; 219:18 220 215:10 2274 3:2.5 ft ft u J ft *"T ft .Oft Z J XU X / X . Z X , 22; 174:1 25 178:2 250 157:3,4 260 188:23; 192:17 27420 3:8 29th 197:3 2:00 98:12 3 30 156:21; 180:12 314 1:21 319 1:20 31st 22:15; ft QU 1 ^T 322 1:20 35203-2300 3:6.5 36202 3:3 365 23:8 4 40 67:3,15 400 3:6; 215:6 5 5 3:11.5 5,000 216:12 6 621-4408 1:21 621-4533 1:21 63102 1:20.5 63105 2:17.5; 219:5.5 7 70 68:14 79 3:14.5 7th 167:8 Page 1 O 8 1:14.5; 2:15.5; 4:7 82 3:15 9 9/13 173:18 o,//ia-s^//T#nw mx/x..wo , 16 98 3:15.5; 23:7,12 9:30 4:7 A a-c-e-t-o-n-o 19:6 a.m. 4:7 Abernathy 5:18 abide 42:10 ability 63:7 above 139:10; 162:2; 164:2; 185:7 absence 124:14 Absolutely 163:14 " absorbed 188:23; 192:18 acceptable 176:16 accounted 178:6,15 accurate _ 55:16; 106:5 accurately 179:13 acetone 19:6 acid 86:22; 158:14; 192:4,5 acidic 191:19; 192:1 across 7:15; 61:11,16; 64:3; 70:4; 77:1,3; 83:1; 85:9,10; 86:l; 9l:l; 123:18; 167:21; 186:17 Act 37:7; 39:15,16; ADAD21-005867 HARTOLDMON0038266 JESSEE.TXT 45:6; 207:1 action 1:6.5; 2:7; 117:11; 131:1; 203:23; 204:4;' 219:14,16.5 actions 170:22,23; 171:3 activate 165:9 activated 75:5 activities 130:4; 146:5; 213:15; 214:2 activity 131:23; 135:12,16 actually 8:6; 9:11; 14:16; 28:8,14; 30:5; 82:21; 93:14; 123:9; 131:15; 13 7:13 ; 160:10; 169:16; 196:19; 203:2; 209:22 add 5:14; 179:4 added 142:11 auuitivu 216:23 additional 57:18; 126:4; 151:21 adjacent 12:3; 19:16; 82:17; 87:9; 140:23 administered ^ . -7 . >71 . 1 4 administration 20:12 administrator 202:10 adverse 59:4, 22; 108:12; 129:21 adversely 72:5 ^ n no . 169:11,17 advisable 116:23; 117:1 advise 37:2 advised 58:8; 130:11; 161:1; 205:2 advisories 128:11 affect 72:5; 73 : 23 affected 49:11 affinity 192:9; 193:11 affirmatively 59:13 afternoon 2:16.5 age 5:4; 33:18 agencies 58:9; 61:2; 120:2; ij agency 7:12; 60:23; 118:5 agent 128:3 agents 7:22; 8:2; 57:23 ago 15:13; 47:8; 79:15; 170:1; 177:10 _____ _ ^^ ^ A A - /* iou;o; 185:2 AGREED 4:2,12, 21 agreement 34:8,14,16; 35:2; 51:7; 101:7; 149:18; 71 O . 1 1 * J-Zf . X X ahead 21:21; 30:3; 66:1; 71:7; 80:1; 81:9; 110:4; 111:5; 116:8; 179:8; 193:3 aim 34:22 air 197:7,9; 7 n o t c. 199:15 al. 1:8.5; 2:9 ALABAMA 1:1.5; 2 : 2 ; 3 : 3,6.5 ; 55:1; 61:6; 71:10,15; 73:4; 76:15; 77:16; 95:20; 146:22; 174:20; 175:18 alive 63:13; 153:12 Allen 128:20 allocated 153 23 allowed 61:5; 179: 23 Almost 184:6 already 151:10 although 51;12 altogether 58 : 8 Alvin 18:10 among 134:22 amongst 140:7 amount 29:9; 67:2; 157:19; 216: 7,10 _____X TC . 1 C . dlUU Ull U3 /J.IO, 107: 20; 163 18 analysis 152:6 analysts 120 19 analytical 55:20; 106:7; 110 13; A 1Oa 1 O X X 37 . XO analyzing 106 11; 152:2 Anglers 144:3 animals 60:6 ankle 133:17^ Anniston 3:3; 22:17; 26:8, 22; 27:3; T* oo4*n\J *f 4^^ Q^ O f 32:12; 39:2, 9; 4 4:4,9; 48:14; 49:19; 51:19; 53:9; 68:21; 69:5; 96:11,20,23; 99:23; 103 23; TOO IQ* 127 22; 131 141 143 152 156 162 163 2; 17; 22; 2; 20; 5,16; 22; 164 11 16- 166 168 181 186 189 194 23; 13; 4,23; 21; 13; 16,20; 13,20,21, 195:7; Page 2 197:10; 200:3; 201:17; 202:21; 204:12; 4 / * iA , 213:17; 214:8; 217:14,16; 218:4 announced 43:14 annual 13:1; 15:8,10; ** J X** another 8:20; 11:9; 13:12; 15:16; 19:5, 16; 20:1; 77:6; 86:14; 121:5; 144:22; 181:9; AIQw JIOf^i*; 184:20 answer 30:6,7, 8; 62:21; 63:18; 79:15; 111:5; 127:17; 145:3,22; 175:6; i--n 17? 208:8 179:9, 1--1 flO-----r------' : answered 179:6,20; 180:2; 183:8; 187:12 anticipated 139:11 anybody 13:17; 91-15: 27:13; 45:16; 46:14; 72:6; 76:19; 89:2; 90:3; 92:13; 94:1; 97:5; 100:4, 6,10; 101:23; 108:22; 118:3,7,11, 9 119:7:3; ______________ 120:8; 127:8, 13; 128:1; 129:22; 130:2,22; 135:6; 148:3; 183:17; 191:7,11; ADAD21-005868 HARTOLDMON0038267 JESSEE.TXT 204:23; 207:12; 208:20; 212:20; 213:9; 216:21 s'n'tTVpNxl a vmoa 4n>nwix* c apologize 173:11 apparently 36:10; 55:6; 57:11; 135:11; 187:8; 197:19; om i k imo appeared 54:14 appears 138:19,23; 143:17; 144:13; 155:18; 169:5; 181:3; 184: 3 ar\n1 n *7 7 1 fl apply 67:12; 104:23 approach 78:18 Approximately 188:15 April 11:6; 21:2; 33:16; 156:20 ar-Vi-i frari 1 \r 15:18 area 6:15; 12:3; 41:2; 44:2; 85:9; 86:16; 121:9; 125:14,15,16; 164:23; ' 165:22; 1 A 7 1 1 areas 201:4 arguing 42:20 arithmetic 179:2; 180:7 Army 7:12,19, 22; 8:17,19 Aroclor 74:11; 87:15,16; 154:1(1 Ifi; 126:6; 127:2; 133:10; 150:19; 156:19; 157:5; 158:16; 163:19; 165:13; 166:3; 168:3; 178:1,10; 185:8,10; 198:19; 1 O Q *7 7 215:8 Aroclors 65:20; 66:3, 13; 75:10,15; 79:17,18; 86:12; 94:10; 120:12,17; 126:10,12; 1 0*7 "> 128:18; 157:20; 162:1; 164:1, 23; 165:22; 166:7; 215:14 around 33:21; 85:3; 89:23; 93:20; 94:2; 1 0 7 : 21 ; 124:16; 125:6; 160:19; 211:7; 212:21 arranged 116:4 arrive 178:20 arrived 138:8 Arsenal 8:1, 51 ! Qifi assign 4:16 assigned 9:19; 15:18; 16:21; 17:6; 18:19; 33:2,13; 35:8; 37:3; 40:11; 120:22 assignment 1 Q 1 `i ; 77r1 assistance 7:3 associate 129:5 associated 20:1; 86:20; 218:3 Association 96:9 a aaiwp fl 1 fi i 22:16; 45:19; 64:20; 91:14; 106:23; 114:1; 127:21; 132:18; 137:9; 143:22; 144:3; 147:5; 154:14; 160:9; 162:16; 17V?1 j 174:2; 176:13; 180:16; 189:15; 193:16; 197:21; 211:17 atmosphere 1 QQ ; Q atmospheric 24:11 attached 192:11 attaching 193:11 attempt 199:18 attempting 74:1 attend 202:16; 214:7 Attorney's 130:2 attrioutabie 215:13 audit 12:21; 13:6,11; 14:5,11 August 151:15 Australia 21:4,7,23 author 137:5, / ,li; 14i:20; 142:16; 190:16 authority 214:22 available 128:14 Avenue 3:3 average 176:2; 1/8:8 averaged 178:2,11 aware 24:3; 65:19; 86:8; 96:10; 103:20; 141:10; 157:7; 162:8; 1/5:20; 190:22; 203:7 away 19:17; Page 3 25:10; 52:20; 74:4; 98:18 awful 195:16 AWIC 55:3; 71:18; 118:9; 1 Q 17 7 ;______________________ 139:9; 175:17; 208:20 B B-A-S-S 96:9 back 12:18,20; 11:11: 21:15; 22:2; 28:9, 15; 34:21; 37:11,22; 39:2; 57:3; 65: /; bs: /; 83:6; 87:5; 90:15; 94:6; 117:10; 122:9; 136:4; 139:22; 152:1; 154:10; 175:12 background 6:19; 141:21 backup 121:8 bad 117:4; 206:1 bailiwick 210:7 ball 97:11 Baptist 88:3; 92:6 BARBARA 1:5; 2:5.5 based 9:3; 37:13; 62:22; 63:4,8; 64:20; 66:5; 106:15; 130:18; 137:9 baSIO 8:11/14 basically 151:6; 158:3 basis 45:9; 57:15; 58:5; 138:5; 139:10,21; 179:18 BASS 96:8,9, XO f ? t vf 144:2,3 Bayou 18:11 ADAD21-005869 HARTOLDMON0038268 JESSEE.TXT Beal 201:1 Beat 133:17 Beats 178:22, 23 became 43:4,16 become 26:7: 103:20; 107:4,10; 147:11; 210:17 becomes 109:8 began 136:6; 208:17 begin 33:5; 166:77 beginning 98:5,13 behalf 1:13.5; 2:15; 5:5; 45:19; 145:23 behave 42:9 believe 10:16; 12:4; 48:19; 98:9: 113:19: 132:21; 182:13; 195:22; 206:15; xa: XZ believes 147:4 Bell 88:21,22; 91:20; 93:23; 119:15; 120:9; 126:22; 168:22; 169:6; 1 172:ii/22; 191:7 belt 58:3 benefit 192:13 Berqen 152:16 besides 120:8 best 43:20; 62:4,7,10; 78:6,7; 92:9; x; xx1-i- - 100: /:d; 148:22; 149:2; 151:11; 156:8; 176:14; 211:1 bet 192:14 better 14:7; 19:14; 56:17; a1:11; 82:12; 99:12; 109:16 between 2:15.5; 13:9; 15:15; 53:22; 98:12; 216:16 Betz 195:1 big 9:5; 10:14: 14:8: 65:10; 82:13, 16; 106:13; 199:19 bigger 81:3 Bill 51:6; 70:7; 153:9; 190:20; 211:6 billion 181:22 Biodize 193:23; 194:2 biological 167:6 biologists 5b:J; iiu:7; 113:13; 151:16; 154:19 biohenvl 66:17 Birmingham 3:6; 54:9 bit 18:6; 29:13; 36:16; xuz :z-1 x1 ; 135:12,15,16; 167:16 black 88:2; 89:10; 92:5 board 68:19 boards 43:21 body 25:3; 71:17 EolLon 207;21 Bond 184:23 booties 124:22 boots 124:22 born 6:16 boss 84:15,18 bottom 45:11; 192: 2 bottoms 62:14; o/;xo,' 123:13 ; 188:12 bought 19:7,8; 90:10,12,17, 19 Box 3:2.5,7.5 Boys 214:20; 216:23 brand 18;13 break 61:13; 65:15,16; 71:7; 103:16; 115 : j.3 , i5,17 ; 134: 4 breed 73:17 brief 214:1 broader 42:2 brought 51:8; 81:7; 115:19; 117:23; 148:22 Brown 88:13; 91:21; 94:1; 120:9; 126:21 budget 214:21 building 3:6; 18:9; 19:20; 31:7,11; 82:4,16 buildings 81 * <dU } XzD xz built 9:6; 19:2; 30:22; 31:8 bullet 136:21 bulletin 43:21 bunch 31:16; 38:12 Bunkie 84:3,5, O 11Uf . _L. f -L , 20; 111:8; * 167:13 ; 198:5; 209:9 buried 61:10, 15; 64:2; 72:1,23; 74:7,8; 76:20,21; II - a! - j. a. / 87:17; 91:13; 122:14; 159:18,20; 160:7,8; 201:9,10,13, 16,22 burn 31:16 bury 74:6,18; O1 1 C J A. A---/ / IQQ'1*? burying 62:15; 72:12 business 20:10; 28:11; 49:17 buy 89:2,5; 90:4,16; 201:3,4 159:7 jlyj <. jl / Page 4 -- C-O-N-D-R-E 40:4 calculate 63:7 call 19:11; 21:3; 22:6; 32:22; 37:17; 51:15; 71:9; iiu * 18/ 122:1; 176:7 called 7:16; 18:10,20; 19:6; 20:5; 22:10; 41:15; 44:16; 60:8, 14; 71:21; 73:12,17; -J -J f \J V f 120:7; 134:12; 217:20 calling 155:10; 216:22 came 7:13; 8:21; 11:13; 22:2,8; 23:19; 24:5; 25:21; 29:9; 42:2; 44:8; 45:11; 49:9; 60:20; 64:18, 22; 65:7; 79:20; 80:7, f --4 "~ / 86:22; 94:14; 107:17; 120:15; 121:20; 133:5; 137:18; 154:15; 157:22; lfi7;51 : 189:9; 206:4, 18; 209:1,3, 4,7,19; 210:10; 211:12,16,19; 219:4.5 capabilities 68 :11 c--------------- 67:20; 10 68:8, ADAD21-005870 HARTOLDMON0038269 JESSEE.TXT capital 20:10 capture 57:19 captured 24:13 carbon 121:6; 195:18^19,20 VU4 W -^1 "-3/ *f7 | 64:14; 72:12 career 12:18, 22 Carolina 3:8 Carondelet 2:17; 219:5.5 case 5:17; 20:13; 159:9 VUe ei3CA0i9 -K/ 1 Q caught 128:14 cause 59:5; 60:2; 219:9 caused 174:11 causes 214:19 caveat 5:21 CED 186:4,5,6 center 156:5 r.Qr.trsl 14 S Z 4 CEO 41:4 certain 36:13; 76:5; 147:1; 148:11 certainly 36:11; 62:7; 63:1,12; 74:9; 94:7; 136:10; 163:9; 177:8 CERTIFICATE 219:1.5 certify 219:4.5,13 chain 131:4 Chamber * 214:14,15,16 chance 209:13 change 38:6; 51:10; 70:16; 125:23; 126:1; 211:8, 9 changed 70:22 changes 65:9; 72:8; 121:1 character 129:7 charge 19:12 ; 23:5; 153:1 cheap 183:6 checked 17:7 checking 16:14 chemical 6:22; 7:12,21,22; 8:2,5,16,17; 39:3; 128:22; 129:1,4,16; 191:14 Chemically 192:12 chemicals 23:8; 39:1 chemist 84:21; 88:17,20 chief 43:16; 84:21; 88:20 chlorination 121:19 Chlorinator 166:8 chlorine 121:19; 191:23 Choccolocco 75:21,22; 113:12,22 ; 114:22; 116:10; 128:15; 162:1,4; 163:3,9,17, 20; 164:1,6; 165:3 Chocolate 18:10 chose 101:18 church 88:1,3, 9,10,12; 214:7,8 churches 39:14,19; 92:6; 214:4 circumvent 5: 23 cite 29:9 citizen 43:1 city 19:19; 24:14,23; 128:2; 162:16; 165:10,11; 213:9,11 city's 75:7 Civic 214:4 CIVIL 1:6.5; 2:7 civilian 9:10 claims 55:22; 130:1,7 clarifier 193:23; 194:3 clarifiers 194:14 clarify 166:17 Clark 3:5.5 classroom 43:22 clean 16:11, 12; 23:15; 65:9; 122:23; 158:21; 159:8; 194:14; 196:17,19 cleaned 94:19; 122:16; ' 158:15; 159:14,17; 160:20; 161:13 cleaner 196:8 cleaning 194:5,6 cleanup 141:18; 142:7; 154:2; 192:6 clearing 30:3 close 85:21;^ 218:2 ' closest 116:12 clothes 124:19 clothing 125:21 Club 214:20; 216:23 Clydesdale 79:5; 82:1 collect 165:21 collected 75:17; 76:6, 10; 82:19,22; 121:15; 162:13; 166:9 collection 86:9; 121:13; ; o } u / * ^j column 122:2; 191:21 come 6:14; 39:7; 40:16; 41:14; 67:8; 95:2; 101:2; 106:14; 107:16; 120:23; 175:12; 209:5 comes 68:14 Page 5 coming 33:21; 55:4; 75:14; 79:8; 113:8; 144:7; 151:23; 189:13; 192:1; 210:19 comment 36:14; 139:1 comments 35:21; 37:14, 21; 40:18; 45:11; 48:4 Commerce 214:14 commission 55:2; 146:23; 174:21; 175:18; 207:22; 219:19 commissioned 219:3.5 commissioner 4:6,22 commitment 7:10; 8:10 communicate ^ 1xoO .. */7 ^` communicated 183:11 communities 43:1 community 42:10; 207:8, 13; 217:20 company 1:8; -> O sK*f 1AWfl C->T/* 21:12; 27:19; 33 :.ll; 36:20, 22,23; 38:23; 41:22; 43:11, 18; 60:7; 63:13; 76:15; 77:16; 78:22; 95:20,23; a c A 1 rtl 9 . 5; 123:1; 126:14; 128:22; 129:1,4; 141:2,3; 145:21; 168:8 company's 7:3; 51:22 W___V__IUa^UA * 157:6 comparison ADAD21-005871 HARTOLDMON0038270 JESSEE.TXT 157:11 complaints 25:5 completion 13:21 compliance 32:5; 36:9 complied 70:13; 71:13 comply 72:8 composite 37:23; 57:15; 176:2 compound 71:6 comprised 10:5 concentrations 55:17 concern 89:12, 21; 91:7; 93:10; 105:6; 108:15; 109:8 ; 144:16; 145:13,20; 146:4; 147:9, 13; 170:6 concerned 91:2; 107:4, 11; 109:7,9; 140:21; 141:7; 161:9; 163:8; 174:4; 199:14; 210:17,22; 212:1,6 concerning 219:8.5 concerns 105:21; 106:10; - 140:9,14; 212:23; 213:3,0.3; 215:20 Concrete 122:19 conditional 61:4 conditions 71:11 condre 39:23; 40:1,5 conduct 12:23 conducted 194:20 confidential 134:9,12,14, 17,22; 138:5; 139:3,10,21; 142:10; 149:11,19,21; 169:20; 184:2,8 congressman 46:8,17 congressmen 46:2 connected 166:12 connection 88:8; 109:11 Conservation 37:6; 45:5 consider 145:8 considerable 163:21 consistent 38:14 constant 38:7 construction 18:22 consult 37:2 consultants 167:7 contact 25:4; 27:16; 48:15; 49:16; 132:5; 218:8 contained 187:9,22 containing 186:13 " contaminated 194:14 context 134:18; 139:23; 140:5 contiguous 77:14 continue 57:4; 61:5 contoured 72:3 contract 25:11,12; 34:19; 110:6; 123:11; 124:2; 151:16 contracted 56:2; 122:18 contracting 123:12 contractor 201:11 contractors 161:11,13 contributing 217:4 contributions 217:8 control 39:15, 16; 71:9,20; 73:3,12,18; 125:8,16 controlled 97:17 controlling 20:11 controls 73:21 controversy 219 : 9 conversation 27:12; 92:21; 101:19; 109:19,20; 110:2; 134:2 conversations 49:3; 103:8, 10 convinced 206:15; 207:3 cook 125:19 cooperation 139:9 coordinate '; o jl ; i4* A Coosa 154:12'* copies 196:8 copy 180:18; 196:17,18,20 Corder 168:1,6 corner 82:17; 134:8 corporate 1J iJ f 13 / 32:23; 33:13; 35:10; 43:1; 44:5; 152:21; 186:7,11; 2 00 : 23 ; 212:13 corporation 20:9,13; Ae . A c, ``j-i'*, ~> t 43:19; 46:14; 97:13; 109:1, 7 Corps 7:12; 8:16,17 correct 36:12; 42:15; 59:12; 63:3; 98:23; <3o 3n i. ^ /. i1Uo0r..4iSnU,. 139:4,5; 162:9; Page 6 171:21; 173:2; 193:1; 219:11.5 correctly 158:14 cost 154:7 costs 215:20 couldn't 17:2, 22; 21:9; 83:16; 177:7 Council 214:6 counterpart 39:20 counterparts 96:22 county 6:10; 128:3 couple 50:16; 51:2; 53:10; 167:2 2 ; 177:20 course 7:1; 13:20; 62:20; 116:13; 118:18; 138:17; 153:9; 182:20 covered 73:l; /1 -VI . 'll . . X ' __ covering 147:22; 186:12 covers 151:6 crawling 90:8 creating 73:14 credibility 57:7 V>&Qa6aJWV K K s 1 ^ / 64:17; 75:20; 79:19; 80:21; 81:1; 113:12, 19,22; 114:21,22; 116:9,10; 158:4,5; 162:2,3,4,6, 2. X1 ^ *45<rT< / 1J.U j * *5. ^ 4,5,9,12,18; 164:2,3,5,6, 7; 165:3; 166:2,15; 185:17; 206:14 creeks 54:7; 163:20 wx *5 Q A1 -4-* criteria 71:8 Crocket 169:13 ADAD21-005872 HARTOLDMON0038271 JESSEE.TXT Crockett 56:14,16; 63:22; 114 16; 116 4; 118:8, 1 o nkot;. 137 138 139 146 147 148 149 169 171 10,18; 9,13; 13,19; 22; 3; 17; 23; 10,14,19; 1 P. * 172 12,23; 173 23; 174 17; 203 9; 207 10,23; 209 4 Crockett's 140 4 r-r-nrmi nij 1 7 cross 40:12 crude 55:9; 121 22 CSR 4:5 customer 66:5 customers 27:22; 28:10; 29:2 cut 701:9_________ CV-97-AR-2430-E 1:7; 2:7.5 D D.C 45:14 daily 176:2' damage 95:7,8 namarras 94:77 Danna 177:16 dark 79:1 date 167:9 dated 156:16; 168 21; 172 4; 180: 12; 183 21; 208:4 dav 7:1fi.S: 22:18; 50:13; 57:15; 64:22; 65:2 ; 72:2, 13,17; 136: 17,18; 157: 4,5; 173 1,17; 178:3,6,12, 16,19; 197:11; 209:21 day-to-day 1 ?A r 1 P days 14:8; 23:9,15 dead 153:8,14 deal 38:16; 39:11,18; 50:13; 84:11; 118:7,11; 156:9; 169:12; 208:17 dealing 131:17; 145:14; 161:3,5 dealings 37:5 deals 190:12 dealt 37:5; 38:5; 39:7. 20; 46:5,7; 53:7; 84:9; 126:9; 172:6 death 133:18 Decatur 97:3,6 December 22:15; 28:23; 181:14; 183:21; 197:2,11 decided 33:20, 22; 134:16; 215:1 decision 28:12,15; 58:6; 68:16, 20 decisions 145:9 decode 189:23; 190:3 Defendant 3:4.5 Defendants 1:9.5; 2:10 define 66:9; 104:22: 140:19 defined 149:1 degree 6:21; 7:4; 66:9,11 demonstrate 19:1,12,22 Denver 9:7 department 13:14; 33:14; 120:18; 130:3,11,23; 131:23; 139-3; 150:20; 166:7; 185:9, 10; 186:7,12; 202:19; 203:10; 204:14,16; 207:2; 213:10 DEPONENT 91 a 9n deposes 5:5 deposit 86:6 deposited 56:5; 161:6 depositing 192:9 deposition 1:12.5; 2:14.5; 4:4, 8,17; 5:16; 98:4; 99:1,5; 100:5,21; 103:11; 161:19; v 219:11.5,14'. 5 deposits 115:9 describe 175:7 desian 9:2,4, 11,13; 120:23; 121:3 designated 134:11 designation 134:21 designing 9:12 desirable 206:14 desk 167:21 destroy 142:12,14,22 ; 149:22; x7u : 3 ; 184;3 , 8,9 destroyed 142:20 detergent 185:8 determination 64:1; 200:2; 206:1 determixio 3 6 ; 7 determined 149:1 Page 7 develop 53:20; 54:2,16; 55:19; 56:22; 58:1; 70:1; 117:11; 188:10 developed 35:12,14; 57:2,9 developing 5b:i5; 152:5 development 33:3; 35:16, 18; 57:5; 110:14;___________ 120:21; 142:3 different 10:13; 16:22; 18:12,18; 19:19; 23:8, 12; 66:7,11; 97:11,12 difficult 55:19; 67:18; 106:14; 114:12 difficulty 53:1 dioxide 94:13, 16,21 direct 52:12 Direct-Examin- ation 3:11.5; 6:2 directions 87:10 directly 24:1; jg. ^ director 56:20; 116:3; 130:12; 202:13,15 disability 49:2,6,10 disagree 218:15 uiawuax sj w 54:6; 75:14; 76:4,7,9,12, 13; 78:10; 79:4; 80:11, 16; 81:23; 105:3; 107:20; 117:12; x / "* f 157:22; 162:13; ADAD21-005873 HARTOLDMON0038272 JESSEE.TXT 164:21 discharged 83:1; 173:8 discharges 24:12; 75:9, 12; 120:5; 172:21; 173:6 disclose 149:3,10 disclosed 135:1 disclosing 144:17 discontinue 58:7 discontinued 148:11 discovered 172:13 discovery 190:4 discuss 40:21; 117:20,22; 183:17 discussed 101:23; 131:15; 135:13; 183:15 ; 204 : 7 discussing 63:21; 135:21 discussion 135:16 discussions 131:16 dismantled 200:22 dismantling 200:15 disoriented' 80:13 disposal 14:21; 18:4; 25:11,12; 27:17; 39:12; 86:15 dispose 31:15 dissolved 84:23 distance 163:10,21 distributed 43 :18 distribution 99:20; 143:2; 167:10 distributor 180:14 DISTRICT 1:1, 1.5," 2 :1 5,2 ditch 111:21 ditches 76:4; 83:12,19,23; 85:16: 110 11,19; 111 1,18,20, 23; 112:10; 210 9; 211:15 divided 23:3 division 1:2; 2: 2 5; 38:23 document 98:7; 130 10,18; 132 13,20; 134 8,21,23; 142 19; 144 20; 146 9,10,16; 148 15; 150 8; 151:7; 154 23; 163 16; 166 7; 172:2; 173 20; 174 5; 176 18,21; i rt n iO U i^ i r. , XJ , 181 13; 183 21; 184 15,19,20; 185 5; 197:3; 200 10; 207 15 documents 96:15; 99:14, 1 "7 1 A 1. X / , 13 f ^X t 100:2; 118:18; 132:18; 134 19; 149 9; 172 15; 200 9; 202:3 doing 9:16; i i r> . i 4 1 11 1 XO f X* XVJ , 17; 23:18; 30:17; 40:21, 22; 58:1,13; 69:16; 109:5, 16; 136:1; 149: 10; 150: 22,23; 151: 8; 152:3, / /r- _ o; 4 n .IT* 13 ;i , 161: 2; 174 22 ; 175:16; 184:13,14; 190:8 Donald 3:2.5; 26:13; 28:12; 63:19; 82:5; 127:6; 137:2; 156:10; 180:6; 193:8 donate 214:18 J _ __ _ o . n n . aoue o . ^ t 27:19; 34:1; 43:13; 57:8; 64:9; 102:4, 16; 109:22; 110:12; 112:9; 113:10,12; 117:7,17; 1 . ,4 1Z i.4, 128:6; 1 O 1ZU . ^ / 134:10,20; 138:7,12; 151:22 ; 161:7,15; 174:20; 175:8; 180:14; 1 OC T 1 ioj. Jwa. ^ 189:16; * 198:8; 207:5 doubt 153:6 down 13:22; 19:10; 22:9; 52:2; 54:8, 22; 55:7; 58:16,20; CO1 CIO* ^ J/ 4C, / Vi.*-// 65:6,7; 66:22; 71:7; 75:6,22; 80:7; 99:6; 105:9; 121:23; 125:3; 139:19; TC/1..TJ-Q 1^1j. , 164:15; 165:3; 168:10; 185:9; 188:14; 208:17; 212:19; 215:6,8 *U3 rWtri.fixni a^i*av9fcTttiiii 163:22 Draw 80:8 Page 8 drawing 78:7 -* a a IT 1 n uivcuua ^ j dredge 115:18, 20; 116:7; 154:8; 206:3, 14,19 dredging 114:20 drill 185:17 Drinkard 60:15 n- { TTa 000*10 XW 6 6W drum 159:15; 160:13,16 dry 169:15 ducks 108:10 dug 159:23 duly 219:3.5, 7.5 dump 158:20; J1___CrCQ -J1--f f 160:13 dumped 162:5 during 11:11; 14:11; 16:1, 5,22; 17:18; 23:11; 27:2, 11; 28:4; 29:1; 35:3; 1R; f 38:5,18; 39:5; 41:3, 14; 44:21; 59:14,22; 60:17; 63:20; 68:15; 69:18; 70:5,10; 76:18; 77:4, 17; 83:19; " 85:19; 86:17; 87:14; 88:13; 89:i,5; 93:19; 95:4; 96:6; 97:15,* 99:14,21; 112:1; 113:3; 114:3; 118:8; 124:l,6; 128:12; 129:3,14; 130:5; 132:7; 134:3; 157:6; 178:11; 181:20; 195:7; 199:11; 200:16; 203:8; 208:15; ADAD21-005874 HARTOLDMON0038273 JESSEE.TXT 210:8,18; 212:10 duty 7:19 E each 17:13,14; 36:23; 66:10; 97:8,9,10; 133:12; 216:19 earlier 127:18; 177:3,6 oarl v A5? * 1 Q 142:3 earn 30:13 east 87:20,21; 88:2; 90:23; 210:9; 212:21 EASTERN 1:2; 2:2.5 eat 90:3; 93:12; 125:14,16 eaten 91:8 eating 125:6,8 Edgewood 8:1, 23 educate 35:9 educating 35:19 educational 6:19 effect 205:1 effective 193:16 effects 59:5, 22; 108:12 efficient 122:2; 196:1 effluent 162:3,21; 164:3,4,20; 165:8; 182:10; 188:16; 194:15; 195:3,9; 211:2,3 effluents 205:21 effort 28:7,8; 63:23; 76:3; 194:11 efforts 188:7 eggshells 108:9 eight 3:18; 11:7; 98:22; 168:15,20,21; 172:3 eighteen 21:9; 178:16 eighty 173:17 either 18:2; 24:20; 49:4; 59:2; 103:12; 114:21; 119:9; 128:2; 180:7; 187:16; 188:18; 191:6;' 194:12; 198:21; 204:13,15; 209:23 elaborate 20:7 Eleven 3:19.5; 180:10,11 elsewhere 104:6 embodied 41:18 emission 170:20 emissions 94:13,16; 208: 6 Emmet 48:20,21 emphasis 35:15,16 employ 91:20 employed 219:14,15.5 employee 49:2, 5,12,13; 70:9; 152:7; 219:15 employees 14:14; 15:1, 2; 44:18; 46:21; 89:7, 10; 123:5,15, 20; 124:3,7, 9; 126:8,9 employment 34:3,19; 213:22; 214:1 enclosed 125:12 ; 165:21 encompass 42:5 end 5:9; 12:22; 208:12,18 enforce 35:13 enforcement 45:5; 202:15 engineer 120:22; 177 :1,9 ; 200:18 ' engineering 6:22; 18:23; 186:7,11; 201:1 engineers 7:12; 10:4 England 198:22,23 enough 33:22; 52:16; 58:2; 196:1,7 enter 30:10 entered 82:15; 164 : 4 enters 162:3, 21; 164:3 entire 43:19 entitled 144:12 entity 96:3,8 enumerate 140:18 environment ' 41:20,21; 42:14; 54:4; 108:14 environmental 32:23; 35:6, 11; 36:4,22; 37:1,4,12; 38:4,21; 42:21; 43:6; 51:11; 53:20; 84:11; 89:22; 131:8 environs 127:23 EPA 35:22; 38:1; 44:21; 46:9,11,12; 56:18,20; 61:6; 114:18; 116:3; 129:21; 130:12; 131:1; 202:11; 204:15; 206:22 equipment 14:14; 15:6; Page 9 23^14; 121:6; 125:10; 126:17; 199:7; 200:21; 201:16 Esq. 3:2.5,5,7 essentially 14:18 established 19:18 estimate 209:1 estimation 63:4; 65:1 estimations 154:6 et 1:8.5; 2:9 evaluation 186:14; 190:12 even 36:17; 38:8; 61:7; 97:9; 162:2; 164:2; 170:19; 191:8; 210:6; 213:10 events 131:5 tjveuwuaxxjf 75:11; 79:18; 80:20; 163:12 everybody 109:9; 133:21 everyone 180:18 Everything 154:3 _ A V* A ~_ O V Cl J W UO*. 117:3 evidence 4:18; 58:1; 85:4; 113:4; 114:2 Evidently 81:2 exacerbate 206:8 exactly 11:16; 1*7.1 0*0* X / X / 4. / 94:20; 208:10 examination 3:9.5,10.5; 219:10 examined 2:15; 5:4; 219:9.5 exceed 216:12 except 4:14; -XlWCQw ./ *IfWiQrf (OMMl exception 5:8 excess 62:18; ADAD21-005875 HARTOLDMON0038274 JESSEE.TXT 121:19 executive 43 :16 exhibit 78:8, 12; 79:2; 81:13;198:1; 99:1; 132:9, 12; 137:23; 141:11,13,16; 142:7,9; 144:14; 150:9; 154:11; 155:2,3,9; 161:18; 166:21; 168:15,20,21; 171:12; 172:3; ix*/7 h4 .:ii or ;. 176:19; 180:9; 181:11; 183:22; 196:23; 200:12; 202:5,6; 207:18 3:12.5; 83:8 existed 128:4 expand 204:17 expanded 67:19 experience 9:3 expires 219:19 explain 20:7; 92:10; 194:1; iir explains 83:9 explanation 64:11 explosive 161:10 expressed 147:14; 148:6; 170:6 extension 163:5 extinguishers 17:7,10 extreme 170:19 eye 111:16 eyes 149:21 Tj F.Y.I 184:22 F.Y.I. 170:3 facilities 9:1; 125:8 facility 30:21; 70:4 fact 77:6; 93:17; 112:11; 114:2; 115:20; 172:10; 176:10; 187:19; 203:7 fair 51:23; 136:9 fairly 216:2; 217:3 Falcons 108:8 familiar x7 x-1 .;-x1 ^,. 1xOo.1x/uT , 26:3,7; 28:10; 47:9; 68:19; 164:12; 188:2 familiarity 30:20 far 30:8; 47:2; 52:1, *!>i ic. c.o . n 86:3; 92:15; 136:4; 152:23; 154:19; 161:8; 204:3 fashion 71:6 FAX 1:21 FDA 132:4; i a c. i n 147:4,io,14 fear 144:18 feasible 37:16 Federal 24:20; 37:9; 202:19; 207:1 fellow 70:7; 99:7; 131:10; 1 /I 1 1 n 1/1Q*Q felt 46:19; 117:16 fences 90:9 few 50:6; 72:9; 201:6 fifteen 3:21.5; 19:17; onn.ii io fifty 10:13 figure 157:3; 178:23; i X Oo n? . iX iA. figures 63:8; 170:20 filed 5:20; 96:7; 97:7 files 98:19 filing 4:22; 130:8 filled 17:8 -1 14-av-JI. 150:22 filtration 57:20; 121:6 final 17:12; 35:23; 36:1; 42:11; 43:4 finally 57:2; 167:22; 1o n Q Q O financially 219:16 find 28:16; 37:10; 52:6, 19; 56:4; 82:13; 107:19; 109:13 ; 111*91* 145:13; 159:12; 196:22; 205:20,22; * 211:4 finding 106:10 findings 129:21 fina 6 7 ; 7 9 ; 53:15; 78:20; 108:17; 146:2 Fines 129:19 finish 9:20; 29:14; 34:11; 114:9; 150:4; 179:9,10 finished ina-T; 1 7 6 ; 5 fire 17:6,9; 34:22 firm 3:5,7; 47:10; 100:17,19 first 11:5; 14:12; 22:18; 36:20; 47:14; 49:18; 53:10; 39:4; 45:9; 50:21; 65:19; Page lo 66:21,22; WQ^ AT / Qw "7 1 d .f 98:6; 101:22; 103:20; 136:15; 137:1,22; 146:9; 157:7, 10,13; 158:8; 159:12; 169:6; i *7 n i i 177:19; 178:13; 181:2; 183:14; 185:4; 186:2; 187:20; 197:5,12,13; 202:18; 203:16; 204:6,22; 214:9; 219:7.5 fish 56:6; 110:8; 114:3, 7; 116:20; 128:11,13; 151:12,22; 167:2.7: 154:14 * five 2:16; 3:16.5; 6:21; 15:22; 17:14; 98:14,22; 103:19; 141:12,13,16; 142:7,9; 150:9; 154:li; 173:1 fix 156:13 flag 107:18 flammable 161:10 flew 45:18 flies 73:15 flow 111:10; 151:4 fly 45:15 folks 44:11; 50:16; 93:20; 151:18; 200:2 roiiow 40;12/ 169:10,17 following 33:3 follows 137:21; 140:2; 150:1 Ford 2:17.5; ADAD21-005876 HARTOLDMON0038275 JESSEE.TXT 4:5; 219:3,21 foreman 124:13 forenoon 2:16 forgot 38:13; 91:22; 111:9 151:3; 167:23 form 4:14; 27:21; 37:23; 41:23; 53:5; 58:21; 60:1; 64:4; 66:1; 68:23; 69:11, 20; 79:23; . ini -n *5 105:23; 117:19; 118:13 ; 127:5; 138:22; 145:7; 148:1, 13; 158:23; 169:8; 1 O "7 T *1 IQI-'J forming 32:21 forward 51:9 found 54:12; 56:21; 61:6; 73:13; 110:19,23; 113:1; 114:7; 154:13; 11 S 7 ? ^ 175:8; 212:2 four 3:16; 56:17; 66:7; 116:3; 132:9, 12; 136:22; 137:2,7,23; 193:14; ' 202:11; 208:8 V/Mirf AAn 7; 71 197:1 FOURTH 1:20; 188:14 frame 27:20; 44:22; 76:18; 112:1; 124:6; 156:14; 203:8; 7 n P. ? 1 ^ ; 210:8; 212:10 Franklin 3:5.5 friends 218:2 front 8:11; 75:19; 76:7, 9; 80:4; 83:4; 121:7; 162:19 fruit 94:23 fulfill 7:10 Fulfilled 33 :19 ^*<1 1 O 1 *5 139:8; 185:5 further 218:20; 219:13,14.5 Future 155:8 G ,T? a c; game 97:11 gardens 213:7 gas 8:4 gases 121:23 gathered 51:16 gauges 17:9 gave 59:6; 216:8,17 go* T- 1 14: 1 17 GENE 1:12.5; 2:14.5; 4:4; 5:3; 6:5; 219:6.5 general 16:6; 22:6; 42:22; 50:8,11; 103:7; 135:4; 174*18; 177:17; 200:3 generally 79:3; 102:2,3 generated 186:13 generator 186:21 generic 73:19 apitt 1 pmsn "l00:11; 116:2; 128:19; 141:18; 153:10 gentlemen 177:5; 194:2 George 48:23 narx 1 A 120:12.. 14 gets 20:21 getting 53:17; 143:4,5; 169:3; 205:19; 214:17 ' Page 11 Girl 214:5 give 5:9; 6:18; 18:6; 29:12; 32:11; 37:21; 53:13; c^c; . i a. 7 A 63:13; 81:15; 102:11; 132:16; 176:1; 214:1; 215:3 given 62:16; 100:5,7; 219:12 rrivinrr ! 62:21; 216:7; 217:22 glance 155:15 glasses 124:20,21; 126:13 God 149:5 goodness 156:4 CnQh 168:8________ got 15:21; 21:1,3,4; 22:1; 27:6; 31:20; 32:4; 34:20; 53:22,, 23; 54:10,22; 55:22; 56:18; 59:3; 67:22; 77:1 1 : 78:16 ; 80:5,6; 81:4, 5; 84:23; 87:10; 90:2; 103:11,22,23; 1U4:11; 105:5,9; 106:18,19; 108:23; 109:15.22; 111:13; 112:2,10; 123:9; 125:7; 134:6; 14j:23 ; 148:23 ; 165:3; 167:6, 12,20; 169:1; 180:14; 184:11; 187:1; 194:5; 195:16; 201:9; 203:9; 206:18; 208:8; 209:9; 215:2; 218:13 government 204:15 governmental 140:13; 171:3 grade 72:7; 711____________________________ graduate 6:23; 7:5 graduated 6:21; 7:8 Greensboro 3:7.5 grievance 51:8 ground 18:13; 1 65 : 1 q____________ grounds 4:16 group 10:4,5; 17:13; 23:12; 28:11; 35:6; jy:i,3; 44:17; 47:16, 22; 48:8,9, 11,16; 56:9; 84:22; 104:li,13,16; 105:15; 107:5,10; 119:13,15,20, 22; 120:10; 136:11; 157:18 groups 23:4,5 guess 31:22, 23; 40:4; 53:22; 61:23; 69:23; 99:12; 109:4; _ ii / 142:12; 159.: 11; 207:23 guessing 61:22; 85:1 guest 20:5,8, 23 guests 20:15 ^ uy 7211/ 201:1 guys 37:10 H H-A-U-P-T 176:23 half 19:14; 2 / ; ^ , -L-L / 59:19; 99:13; 103:4; 209:21 ADAD21-005877 HARTOLDMON0038276 JESSEE.TXT hand 219:18 handle 23:21; 106:8; 147:1; 148:17,23; 149:3; 2QQ:15' 217:9 handled'11:13, 22; 91:19; 200:16; 217:10 handling 24:2; 149:7 handwriting 180:19; 185:18 hang 169:15 Hanley 41:11; 42:2; 43:11 happen 115:19; 208:10 happened 12:9; 28:17; 30:5; 44:10; 60:19; 74:21; 82:21; 91:12; 125:21; 157:16; 185:13; 192:12; 193:12; 195:22; 200:21 h---a-rcrfa-e--n--i-n--c^r 181:6 hard 34:2 Harlan 99:7,9 hauled 25:10, 17 Haupt 176:22; 177:14; 184:4; 188:19 Haunt's 190:17 he'll 169:15 head 59:13; 121:22 headed 15:19 headquarters 44:6; 152:22; 212:14 health 59:5, 22; 108:12 hear 141:9 heard 31:3,5, 6,17; 32:3,8, 10; 55:21; 76:17; 203:21 hearing 60:9; 148:8 heavy 126:16 held 20:17; 82:2 Helms 3:7 help 9:4; 63:11; 70:23 ; 71:2; 80:5; 81:19; 128:23; 173:3 helping 187:5 helps 187:13 herd 90:20 hereby 219:4.5 hereto 219:16 hereunto 219:17.5 hiding 169:18 high 178:5,15; 182:7,9,17 higher 158:17 himself 143:14; 150:6 hired 9:17; 10:3; 47:13; 217:13 history 7:7; 18:7; 33:11 hit 77:21 Hodges 141:19, 20; 142:17; 144:11; 146:21; 147:2; 150:5, 8; 15i:20; 169:5,21; 170:2; 174:4; 212:16,18 Hodges' 169:17; 172:14 hold 62:9; 192:21 Holzapfel 153:11 home 125:22 hospitals 214:20 Hotel 2:17; 219:5 hour 103:4 hours 2:15.5; 99:12,13; 210:1 house 17:4; 126:1 housekeeping 16:8,9; 17:5 Houston 6:16, 23 Hozmer 153:13; 207: 6 Hozmer's 206:12 I 1-20 164:15 IBT 60:8 idea 6:18; 18:6; 19:21; 25:16; 40:7; 81:16; 134:6; 171:2; 177:14,16; 185:21; 188:21; 190:11; 208:2; 215:3, 16; 216:6 identify 54:2; 56:23; 81:19; 83:16 identifying 140:11 Illinois 7:14; 186:18 impact 54:4 impacted 36:1; 96:19; 108:8 imparted 126:23; 127:9 implemented 65:8 imposed 129:16 Improvement 55:2; 146:23; 174:21; 175:18; 207:22 improvements 57:17 In-house 135:19 INC. 1:8; 2:8.5 incident 174:10 incinerate 30:23; 188:4, 11 incinerator 31:7,12; 186:15,21; 187:2; 188:4 include 135:4, 6 Page 12 included 74:10,12 increase 68:17,20 independent 60:7; 130:19 INDEX'3:9.5, 12.5 indicate 60:13; 110:17; 126:22; 157:4; 181:3 indicated 8:18; 42:13; 52:23; 73:21; 75:13; 79:15; 104:5,6; 116:6; 117:15; 122:5; 150:15; 181:18; 202:23; 210:12' indicates 148:16; 151:20; 158:12,18 ; 161:23; * 163:18; 197:6,18; 198:7; 202:18 indicating 31:3; 79:5; 80:10; 81:18; 82:1,8; 104:14; 112:20; --' 150:12; 169:12; 197:20 indication 17:8; 201:14 indications 206:21 industrial 39:1,3 inert 188:15; 192:15,17 inerts 189:1, 8; 192:19 infancy 42:21 information 28:16; 54:12; 55:10; 59 : 4 ; 107:15; 114:14,15; ADAD21-005878 HARTOLDMON0038277 JESSEE.TXT 118 20,22; 119 3; 126 23; 142 12; 144 i; i46 m' 148 156 170 175 19; 1,3; 21; 12; 184 21; 186 3,10; 196 5; 199 ii; 19* 215 17,22 informed 130 21; 131:6 infrequent 51:1 initial 6:5 initiated 138 13; 202 20 initiative 203' 11 inside 85:3; 125 16 inspect 15:22; 16:4 inspected 13:1; 16:1; 72:3 inspection 13:3,19,21; 14:18; 15:8; 16:5; 17:14, 19 inspections 13:1; 17:15; 110: 11 installed 18:13; 150:19 instances 187: 6 institute 12 b: 3 instituted 96:18; 143:21 institutions 217 7 instruct 89:2 instructed 44 :11 intent 139:15 intentional 149: 12,14 interchange 164:15 interested 219:16 intermedial 121:13 i nfATinpfl i af a 122:6 internal 47:15 internally 183:19 interpret 181:16 interpreted 182:15 -i TitorruntPil 21:1 ` introduced 50:16 introductory 137:20; 139:23 involved 8:3; 12:15,17; 13:10; 14:5; 17:11; 24:1; 32:10; 38:9; 39:6; 40:17; 44:3; 48:14; 51:9; 52:10; 62:21; 69:18; 97:12; 119:12,14,15, 19,22; 120:8. 10,20; 142:2; 147:11; 177:6; 196:14; 213:16; 214:3,5,12,16 involvement 136:6; 204:10,13 Ira 118:20 Island 108:10 isn't 63:14; 163:6; 173:1 isolated 125:9 issue 24:23; 89:22; 93:11; 106:13 ; 109:9; 118:4; 146:4 issued 128:12 issues 39:6; 84:11 It'll 82:11 Italian 39:17 item 146:14; 155:17 items 135:23; 150:7 itself 72:14; 86:7,18; 1 n Q 1 ; 1?1;q; 139:3; 141:3, 4; 144:21; 150:9; 193:11 J J-E-S-S-E-E 6:6 .TaTn#<j 1 R 4 : b 3 January 22:14; 198:8 Jerry 3:5; 30:10; 71:1, 2; 88:13; 120:9 JESSEE 1:12.5; 2:14.5; 3:13.5: 4:4; 5:3; 6:6,7; 28:17; 31:18; 46:20; 52:15; 56:7; 58:16; 60:5,18; 62:5; 63:2, 14; 65:17; 78:2,14,19, 21; 79:1; 81:12,17; 88:6; 93:2; 97:23; 100:10; liu:5; ixa:l; 130:16; 134:3; 136:3; 139:4; 143:23; 145:20; 155:11; 156:17; 161:18; 164:11; 168:21; 172:3,10; 173:22; 174:19; 176:9; 177:11; 180:8; 181:14; 184:5; 187:4; 188:2; 190:5; 197:6; Page 13 200:11; 207:16,17; 213:16; 218:4; 219:6.5 Jesses's 132:12; 141:16; 155 : 2 jets 121:18 job 22:8; 51:17,18; 72:13; 153:18; 168:11,12 iobs 44 : 23 : 120:23; 121 : 3 Joe 56:14; 84:21; 104: 7; 138:9; 14b:21; 147:3; 169:13,19; 180:18; 209 : 4 Joe's 84:22 JOHN 1:4.5; 2:5; 115:21 t 23; 143:11; 144:10; 153:5; 202: 97 203:15; 207:21 journals 54:15; 107: 22 Jr. 152:16 judgment 62: 5, 7,10; 134:15 July 1:14.5; 2:ib.b; 4:/; 22:14,22; 33:7; 35:4; 156:15,16; 208:4; 219: 18 June 156:21 jury 194:2 Justice 130: 3, 11,23; J 4.O X / 132:3; 202:19; 203 :10; 204:14,16; 207:2 K Xoep 1.62 11/ 125:19; 126:16; ADAD21-005879 HARTOLDMON0038278 JESSEE.TXT 139:20; 140:7; 149:18; 166:1; 208:13 Kelly 3:6.5; a a . iq 6 r> *tU 6V ; / 49:1; 99:7; 100:20; 101:11,19; 102:13,18,19; 103:13; 196:15 kept 58:10; 72:2; 134:22; 208:7 Kill 95:11 kind 8:2,7; 16:6; 23:1, 16; 24:8; 34:5,8; 42:12; 45:9; 46:3; 53:1,3, 13; 66:9; C7 A e; . 7^ . o 81:16; 125:11; 126:18; 130:7; 161:11; 194:7; 199:10; 204:12; 205:23; 206:17; 213:15,17; 214:2; 215:21 kinds 25:19; 35:5; 36:18; 66:3,7; 150:15; - 214:22 kitchen 125:17 knowing 182:18 knowledge 24 : 18; 54 : 2 ; 85: 18; 87 : 23; 93 : 23; 94 : 4; 95: 22; 96 :l; 97: 15; 112 : 14 ; 118 *- * f 16, 23; 122 : 15 ; 124 :5; 128:7, 10; 13 6:2 ; 147 : 12 / 160 : 17 / 165 : 6, 16; 174 : 23 / 176:15; 204:9,22; 210:3; 219:8.5 knowledgeable 53:19 known 10:8; 43:10 KRIEGSHAUSER 1:19 Krummxich 18:17; 26:5; 27:13,23; 186:22; 187:10 ; 190:14,23; 193:19; 194:12 L L-U-L-I-N-G 21:18 L. L. C. 3:5.5 1953 7:18 lab 60:7 labor 51:7 laboratories 194:20,23 laboratory 120:19; 194:19; 195:3,5 ladies 194:1 lake 128:17; 154:12,15 landfill 12:3; 14:22; 16:18; 24:17; 25:7; 26:21; 61:11, 16,21; 64:2; 70:6,10; 71:12; 72:14, 16,17,20; 73:4,19; 76:14; 77:6; 85:15,17,21; 86:5,15; 87:18; 88:7; 95:15,21; 96:4; 97:18; 12 3:1.4; 159:18,20; 160:8; 201:17; 210:4,10,20; 211:13,16; 212:4,8; 213:4,11,13 landfills 11:23; 12:2; 70:14; 71:22; 76:22; 86:1; 113:8 Landwehr 84:22; 88:19; 94:1; 104:7, 8,15; 105:14, 18,22; 107:3; 108:2,11,21; 109:5,21; 110:22; 112:14,20; 119:12; 120:9,21; 126:21; 127:7; 128:8; 136:18; 139:18; 157:18; 171:15; 172:12,21; 173:22 ; 174:13; 177:2; 191:6 Landwehr's 174:8 larger 28:9 * last 6:5; 35:15; 139:7; 152:11; 154:10; 206:11; 207:15 late 108:6 later 52:18; 195:18 latest 209:11 laughing 133:22 launder 126:2 laundry 57:10 law 3:5,7; 35:11,12,13; 36:5,6; 40:12 lawful 5:4 laws 37:4; 42:11; 43:3, 6,7 lawsuit 97:6; 130:8; 143:20; 144 :19 lawsuits 96:7; 140:22; 141:4 lawyer 102:13; Page 14 131:8; 132:16 lawyer "'s 179:8 lawyers 34:23; 101:5; 103:2 layers 121:15 lead 7:4; 140:6 leading 4:15; 85:16 leaking 212:3, 8 learn 157:10 learned 203:12 learning 217:8 leave 101:1; 117:5 leaving 54:5; 85:5; 106:8, 11; 107:1,5, 11,12; 113:6; 117:9; 158:16; 172:6,15; 175:22; 199:14; 200:4 leeching 213:4 left 8:12; 18:7; 51:19; Oo Jo . -1L ^ OK t nr * 160:7; * 164:20; 165:1; 194:15; 206:17; 218:9 legal 102:4; 131:8; 170:12,18,22, 4J legible 196;20,21 legislations 43:4 Leighton 3:3 length 103:6; 183:15 letter 138:5, 19; 139:2; 140:10; 167:15,17; 168:20,21; 169:7; 171:14; 206:12; 207:20; 208:4 letting 36:7; 90:8 level 66:20; 79:17; 118:14 ADAD21-005880 HARTOLDMON0038279 JESSEE.TXT licensed 194:4 life 32:4; 193:16 Lightfoot 3:5.5; 100:19 1 i mo 1 fih ; 1 Q 190:18; ' 191:1,9 limestone 75:18; 82:23; 86:10; 87:1; 121:5,7; 122:16; 150:21; 161:7; 166:10; 185:14; 189:4; 192:3, 10,11,20; 193:12,17,18 limited 81:6 line 25:6; 7 Q ; 1 ; 1iq?S liner 190:16 lines 205:18 liquid 11:19; 12:8,13; 24:9; 27:20, 21; 30:23; 54:6; 55:12; 60:22; 64:14; 65:2: 75:3.9. 12; 120:1,4, 5; 200:6,7; 211:3 list 57:2,10; 143:2; 190:15 listed 139:3; 141:19; 168:23; 204:1 literature 55:23; 107:15 little 6:18; 18:6; 29:13; 36:16; 52:17; 65:9,11; 80:12; 81:10; 82:12; 120:23; 171:7: 125:12,17; 136:21; 157:15; 167:15; 190:16 live 6:7,9; 95:7; 218:10 lived 6:11; 93:20; 127:22; 218:11 livestock a q 7 Q n p. 95:8 living 56:1; 153:3,6,21; 212:21 lobby 102:20 lobbyist 46:20 lobbyists 46:22; 47:1 1 rw-j 1 *1^:17 located 12:11; 45:13; 76:5; 77:8,14; 87:3; 88:1; 92:6; 123:2; 125:10; 131:11; 144:4; 164:17,15: 186:15,17,21; 187:3; 193:19; 194:22 location 11:10 locations 36:2 Logan 75:22; 128:17; 154:12.21 long 6:11; 10:20; 11:4; 14:6; 19:23; 20:23; 33:6; 47:8; 61:20; 62:11; 67:15; 68:1; 77:10; 99:11; 103:3, 17 ; 108:10 ; 135:21,23; 168:8; 197:9; 209:18,22 longer 103:5; 185:8 look 14:10,11, 21; 16:18,22; 17:1,19; 37:9; 76:3; 83:11,18,23; 98:5,8; 99:18; 132:13,17,19, 22; 134:7; 136:21; 137:22; 141:15; 143:7; 146:a; 155:5,11; 156:23; 158:6; 161:17; 166:6; 168:14,18; 172:19; 177:19,21; 183:20; 184:1,4; 193:22; 197:4; 210:7; 211:7 looked 17:4; 37:1; 57:11; 70:12; 132:19; T7TT7T7 188:20; 200:8; 210:13 looking 14:12; 69:9; 72:21, 23; 85:3; 173:9 looks 37:18; 147:6; 150:18; 184:23 * losing 79:16; 172 : 23 ; 173:17; 210:19 loss 15:3,5; 156:19; 157:4; 171:5 xgsseS xo5i3, 178:1,10; 198:9 lost 65:2; 152:14; 168:10,12 lot 36:17; 55:6; 65:8, 10; 156:1; 13 J . lO / J_ 37 U . loud 170:17; 179:15,16 LOUIS 1:20.5; 2:17.5; 6:9, 12,14,15; 7:2; 24:14; 43:15; 47:23; 50:23; 109:12 ; 119:7 ; 131:11; Page 15 141:22; 153:19; 217:10; 219:5.5 Louisiana 20:6; 21:18 low 61:4; 170:20; 182:7 Luling 20:6; 21:15; 22:2 M made 4:13; 18:2; 23:10, 12; 28:7; 43:10; 44:19; 51:10; 53:18; 58:6; 63:23; 6b - 19i 6b *io f 68:16; 70:12; 72:1,7; 76:1, 2; 78:1; 97:11; 110:7; 121:1; 126:12; 130:2; 137:14; 141:9; 145:9; 146:4; 154:7, 12; 157:7; 188:8; 194:12; 199:3 Mahoney 41:12, 13 main 85:1; 200:4 Mainly 115:4" major 35:15, 16;.49:17 man 13:12; 41:11,12; 144:5 manage 70:10 managed 16:15; 60:18; 70:3; management 16:14; 43:15 manager 13:22; 15:19; 22:19; 27:3; 29:1; 37:1; 49:21; 53:2,4,9; 55:1; 56:13; 59:11; 77:5; 83:20; 114:5; 129:15; ADAD21-005881 HARTOLDMON0038280 JESSEE.TXT 190:6; 215:18 managers 36:4, 22; 38:4,22; 45:3 mandatory 1Z O i 1J manner 11:21, 22 manufacture 23:7; 27:4; 58:7; 59:16 manufactured 39:8; 59:15; 68:13 manufacturing 10:10; 11:2, 14; 17:20; 18:3,12,20, 23; 22:7; 23:4,20; 24:6; 58:11; 64:18; 67:15; 97:1; 106:16; 1 T1 ,A many 36:2; 62:2,3,12,13, 20; 65:1; 68:4; 90:17; 143:1; 207:8; 208:23; 210:2; 215:3 map 78:5; on*n uw maps 81:6 March 219:19 marine 56:3; 110:7; 113:13; 151:16 mark 78:5,8; 79:10; 81:11; m.n* 141:11; 155:1; 166:20; 190:19; 200:10; 202:4 marked.] 78:13; 81:14; 98:2; 132:10; 141*14; 155:4; 166:22; 168:16; 171:13; 176:20; 180:10; 181:12; 183:23; 197:1; 200:13; 202:7; 207:19 market 201:5 > wV a 4 w /v iuax iwo w 28:11; 216:1 Martin 75:23; 128:17; 154:12,21 Maryland 8:1 Mason 153:5 material 23:19; 111:7; -i a n . o JL* ! , f 161:6; 187:22; 188:5,16; 189:3; 192:15,17 materials 26:19; 85:4; 187:8; 188:11 matter 11:13; 42:4; 91:19; 93:8; 145:10; 146:18; 147:8; 210:1 matters 37:3; 84:10; 144:17; 149:7; 219:8.5 mean 10:7; 26:12; 28:2; 43:5; 50:4; 69:23; 73:10; 85:10; 88:9; 92:20; 134:21; 142:13,21; 145:21; 162:20; 167:4; 169:22; 188:9; 189:7; 194:1; 207:11 meaning 137:12 means 20:8; 32:6; 147:5, a 1 a4 ? 70 j 187:16,18 ; 188:17,21,22 meant 26:22; 36:5,7; 56:12; 169:18; 183:10; 184:8; 192:22,23 measure 55:16; 57:5; 66:23; 106:3,4 ^gagurfld 55 1_0 measurement 55:16; 104:23; 105:5; 205:20 measurements 106:6,7 measures 126:4,7 moacnri T\fT ***w*~-' 3 57:13 mechanically 158:19 media 54:15 medical 48:8, 9,11,16; 119:10 meet 45:15,18; 102:17 meeting 43:15; 115:22; 116:6; 135:14; 138:11; * 171:17,20; 202:9,16; 203:3,12,14; 204:16,18; 205:17; 206:2 meetings 44:17; 93:18 Melbourne 21:23 memo 174:8 memory 24:7; 98:15 mentioned 73:2; 79:7; 119:13; 140:10; 150:7; 177:3, 5; 204:19 met 17:13; 102:18; 139:19; 173:23 method 55:20; 57:4; 106:11 Methodist 214:8,9 methods 110:14; 119:17; Page 16 120:20 metric 105:l Michael 3:6.5; 38:9 mid 35:4 middle 6:5; 33:8,9; 79:2; 125:11 might 29:21; 42:19; 53:20; 54:4,16; 55:23; 59:5; 60:2; 63:17; 90:2,9; 115:19,20; 119:1; 133.: 2 , 23; 134:2; 141:6; 145:13; 147:10; 152:19; 159:5; 174:9; 183:3,4; 194:8,9; 203:li; 206:13; 213:3; 216:20; 218:4 Mike 99:6 miles 19:17; 21:19; 163:10,21 military 7:10, 20 Miller 120:13, 14; 124:11; 133:5,6; 134:10; 135:9; 138:18; 180:13 Miller's 124:13; 133:8 million 62:18; 67:3,16; 68:14 miiiu 43:0; 68:14; 78:17; 120:15; 170:15 minimize 117:12 ministers 89 :18 minor 20:14 UlUUSVulo 199:21 minute 52:4; ADAD21-005882 HARTOLDMON0038281 JESSEE.TXT 79:15; 119:2; 158:10 minutes 103:19 misidentify 152:19 mis sea ibi:<j missing 163:7; 178:9 Missionary 88:3 Mississippi 12:11,14 MISSOURI 1_ :2_ 0_ .5_ ; . z : j.o . o ; ** : / ; 219:4.5 misspeak 36:11 misunderstood 73:6; 79:14 MO 2:17.5; 219:5.5 modus 44:1 money 30:14; 1 rt A . 1 . 153:23; 214:18; 216:3 monochlorinat- ed 66:17 MONSANTO 1:8; 2:8.5; 5:20; 7:14; 8:21; 9:15; 12:18, m i q i >i 19:8,18; 22:11; 28:7; 30:22; 31:6; 32:21; 36:13; 40:5; 41:15; 42:9,23; 45:12,20; 46:3; 47:4, 1 A -\ *7 * /IQ.1Q* 52:11; 69:9; 86:17; 87:21; 91:14; 95:16; 96:8,12,13, 22; 101:1,8; 109:6; 116:14,15,16; 123:5,15,20; 10/10 *7 12 9:16; 130:22; 138:6,10,20; 139:17; 140:15; 142:5; 143:19; 144:4; 147:15; 152:7; 153:17; 162:2,21; xo ; z ; 183:17; 188:3,8; 198:20; 199:4; 200:3; 201:5,8; 204:10,13,23 Monsanto's 44:1; 48:4; 3i; X** t oo . C. \J / 131:8; 144:19; 147:9; 214:17 Montgomery 54:23; 209:20 month 22:4; 72:11,19,21; 181:20 months 8:20; 21:9,15; 22:1; 58:12; 157:14; 209:2 Moore 3:7.5 morning 102:20 mosquitoes 73:15 iwApf ?n i n | 36:21; 38:19; 73:14 mountain 9:6; 218:11 moving 181:8 much 29:10; 42:2; 53:17; 63:5; 64:1; 67:22; 104:2; 135:10; 153:23; 154:7; 215:1; 216:18 mud 151:12; 163:19 Mulliss 3:7 multiphase 111:12 multiphased 111:10; 112:22 multiply 73:16 must 10:12; 20:1; 133:2,4 mutually 138:8 Myers 118:20, 23 N 1 1 1 . 1 UOA.6WI XXX XV name 6:4,6; 13:16; 21:16; 32:11; 39:23; 41:11,12; 45:9,10; 49:23; 56:14; 66:14; 70:7; 84:4; 88:21; O 1 QQ 7 19; 122:21; 128:21; 129:5; 131:10; 141:19; 143:10; 152:8,12,14; 167:20; 177:7 1 * 1QJ 144:5 names 31:19; 38:13; 45:1; 47:7; 92:1; 167:23 ,, narrative 53 :14 nature 149:11; 207:23 near 88:10; 164:15 necessarily 216:20 necessary 4:13 ned 188:16 need 30:11; 41:18; 70:23; 115:20; 179:12; 211:7,9 needed 116:7 needs 71:2 Neglecting 178:17 neighbors 93:19; 94:2, 8,9; 127:1; 171:7 neither 172:11; 219:13 Nerve 8:4 net 215:12 neutralization Page 17 158:15 neutralize 191:14; 192:3 neutralized 87:1 192:5 never 31:13; 40:20; 46:7; 52:12; 59:6; 60:4; 76:17; 77:9; 112:23; 117:23; 130:15; lil Q 142:23; 145:8,12; 147:17; 183:15; 203:21; 206:18 new 18:9,13; 19:1,20; 21:19; 70:1; 78:11,23; 83:6; 159:7; 209:13 Newport lya:19,21 next 147:2; 153:10; 154:23; 170:4,6; 171:10; 176:17; 178:5,8; 198:7; 202:3; zub:2u nice 72:13; 217.: 3 nine 2:16; 3:18.5; 8:20; 44:20; 171:12; 174:15 nobody 62:9; 77 ; 2} 32:15; 95:17,19; 108:18; 113:2 nods 59:13 none 31:1; 40:8; 62:22; 91:22; 114:23; 129:18; 14 u;xo, 165:1; 216:21 nontaxable ADAD21-005883 HARTOLDMON0038282 JESSEE.TXT 217:6 nor 172:11,12; 219:13.5 normal 62:23; 65:4; 131:4 norm x:^u; 3 : 6,7.5 ; 87:5,7,11; 212:22 NORTHERN 1:1.5; 2:2 NOTARIAL 219:1.5 Notary 2:18; 4:b; 219:4, 21.5 note 142:8 nothing 10:23; 62:8; 104:10; 165:i2; 192:12; 199:21,22; 219:8 notice 4:21; 98:3; 201:2 noticed 96:15; 154:10 November 178:2,11,18; 180:12; 181:20; 203:4 Nowhere 173:16 25:1nuxsauCca number 18:11; 50:5; 67:5, 11; 68:14; 70:19,20; 78:12; 81:13; 98:1; 132:9; 137:2,7; ' 141:13; 1 CC . ^ . JL 1 CO . n Jf 166:21; 168:15; 171:12; 176:19; 180:9; 181:11; 183:22 ; 196:23; nnn i 1 n . X. . f 202:6; 207:18; 216:8 numbered 136:22 numbers 57:17, 21; 65:5,6; 174:7; 185:7; 196:4 nursery 94:22 o o'clock. 2 ; 15 , 16.5 o-O-o 4:1; 5:1 oath 219:9.5 object 29:23; 41:23; 53:5; 58:21; 60:1; 64:4; 65:22; 66:1; 68:23; 69:11,20; 79:23; 101:13; 105:23; 117:19; 118:13; 127:5; 138:22; 141:5; 145:6; i <i n 1o X4* O . i , , 158:23; 169:8; 183:2; 187:11; 191:3; 205:7 objected 182:21 objecting 183:4 4 AW WJJJ cw> wxwu 127:11; 128:5 objections 4:13,16 objective 138:4; 139:10 obvious 144:21; 185:6 obviously in.io. X X. i XW f 190:13; 205:11 occasion 40:20; 50:19 occasions 51:2; 158:17; 209:19 occur 103:15; X1 ^O 1X * XO occurred 171:20 October 7:18; 11:5; 21:2; 171:20,22; 174:1 odor 25:5; 94:14 odors 25:1 offered 4:18 office 25:23; 41:1,2; 47:5; t . i n . i on 7 / ** . -L u , X J U . W / 177:17; 206:22 officer 43:16 official 128:2,3; 213:11 officials 35:10; 46:10; nna i a \j -t x_ -* oil 111:13 oily 121:15 okay 32:8; 34:12; 37:11; 49:15; 58:4, 15; 64:12; 83:8; 95:10; 103:17 ; 11y1.11 137:4,16; 138:1; 143:16; 146:13 ; 158:9,10; % 167:4; 173:11; 182:19; i_ a T c; ? IflXrfi; 193:9; 203:7; 208:9,13; 218:14 old 19:17; 76:14; 80:15, 17; 85:10; 88:7; 121:22 once 72:11,18, 20; 145:22; 184:9; 185:11; 209:1 one 3:14.5; 9:22; 12:21, 22; 23:5; 38:8,10,21; 49:4,13; 63:3; 65:10; P, 1 6 ; 7(1:19 : 73:2,3,5,7; 76:7,9,12; 77:1; 78:8, 12,15; 80:2; 86:13; 90:16; 97:2,19,21; 98:6; 102:9; Page 18 106:10; 113:19,20; 118:17; 124:12; 132:18; 1 TR* 7J 138:18; 139:15; 143:17; 146:8; 151:3, 17; 157:1; 159:2,4,8; 167:1,5,13; 171:11; 173:1; 174:10; 177:3,5; 178:5,15,20; 181:9; 185:10; 187:1,3,6,7; 188:20; 190:16; A ;1 Q 1 2 198:2; 199:19; 209:5 ones 47:1; 70:1; 177:3 ongoing . 135:17; 151:13 only 5:17; 9:22: 13:20: 20:14; 34:20; 46:7; 47:1; 49:16,17; 52:1; 78:15; b:xu,ix; 107:13; 108:5; 142:13; 149:21; 166:3; 190:7 open 86:2,5,11 opera 39:17 operandi 44:1 operate 6i:5 operated 43:2; 58:4; 61:17 operating 36:21.23; 44:4; 71:12; 74:5; 125:10 operation 10:22; 19:18; 21:7,13; 24:1; 124:10, 18 ADAD21-005884 HARTOLDMON0038283 jessee.txt operations 20:6; 21:6; 25:22; 50:9; 73:19; 74:12, 14; 168:3 npprat-.or 7; 71; 8:5; 9:3 opinion 115:7 opportunity 132:17; 168:18; 197:4 opposed 195:21 order 52:12; 206:19 ordered 66:6 ordinances 24:23 organisms 56:1 organization 144:4 organizing 32:22 oriented 82:4 oriain 51:6 original 22:11 originally 6:14 originate IT3T~Z2 origins 211:2 Orleans 21:20 other 5:12,19; 15:20; 25:22; 32:3; 34:3; 49:5,15; 52:11; 60:6; 61:8; 73:2,5, 7"7 7 6: 20; 86:9,14; 87:17; 89:10; 92:13; 93:18; 94:10,12; 95:13; 97:8, 9,10; 100:2; 102:16; 117:8; 118:7, xx; x. x_ 4; z; 126:3,4; 127:1,13,20, 22; 129:9; 135:7; 140:9, 14,18; 145:11; 150:7; 159:2; 162:7; 187:5; 2 u i: 4 ; 203:23; 209:10; 213:20; 217:22 others 63:23; 113:21 ought 93:12; 160:1; 17S:11 out 9:16; 13:3; 14:15; 23:15; 28:16; 33:7,11; 36:8; 40:23; 47:4; 50:15; 52:6,19; 55:5,11; 56:3.4,9,21; 57:15; 64:16; 71:17; 72:15, 16; 73:13; 75:8,19; 76:7,11,12; 80:4,14; 82:13; 83:3; 86:22; 97:22; 102:20; 107:19; 109 :12,13 ; 110:8; 111:11; 120:6; 121:15; 122:7,8,16, 23; 125:15; 127:10; 138:4; 145:14; 154:15; 157:13; iucon ;. ix^c>, 'in. xx -f 159:8,12,15; 160:20; 161:14; 162:18; 166:14; 169:15; 170:17; 173:3; 175:8; xi?;x,x^,io, 185:14; 189:3,12; 190:10; 192:1,8; 196:22; 201:2; 205:20,22; 211:4; 212:3, a ___ ; 217:10 outfall 120:7; Page 19 121:2; 146:7; 15 / :20,21; 158:2; 159:5; 162:7,18,23; 166:2; 192:4 outfit 122:21; 123:11,12; 143:18 outside 9:6; 21:22; 85:2; 111:22; 135:6; 213:21,23 over 21:14; 23:8; 49:14; 56:17,19; 82:16; 84:20; 87:5,7; 88:4; 89:9,23; y 0: 7,2 0; 92:6; 115:22; 116:4; 117:3; 123:8; 151:23; 163:1; 174:7; 187:1; 193:7; 195:4; 210:13,15; z xx;o,^ over-shoes * 125:1 overall 51:14; 71:17 overseeing 123 :8 overview 50:12 own 75:5; OO'?/ . 5X1-L. owned 12:2; 26:21; 92:11; 94:5; 95:15 owners 89:11 owning 74:4 P -------------------------------- xw package 34:6 packaging 74:12 packed 122:1; 195:19,20 page 3:10.5, 13.5; 98:5, 13; 137:1,23; _1_ ** W X- / -X * 144:13 ; 146:8,9; /f 152:11; i55:8,18,23; 157:1; 158:6; 161:17; 166:6; 167:1, 3; 185:4,19; 186:3; 198:7; 201:14; 202:18; 206:11,20 pages 95:21; 155:12 pans 23:17 Papageorge 49:23; 50:1, 18; 52:8; 58:18; 60:12; 77:10; 119:6, 9; 128:8; 1539 111} 181:17; 183:12,16; 191:7; 212:12 para-nitrophenol 74:13 Paragon 108:8 paragraph 135:23; 138:3,17; 139:8,23; 143:8; 144:12; 146:11,14,21; 148:16; 152:10; 154:10; 157:l; 158:7, 8; ^61:20; 169:6; 170:11; 172:19; 173:7,12,14; 177:19; 181:2; 182:1; - 191-li! 185:5,6; 186:2,19; 188:14; 193:1,13,22; 204:1; 206:20 parathion 74:15,18,23; 86:20,21,23; wQ''7 * w f Q r? 165:9; 215:7 Pardon 177:4 ADAD21-005885 HARTOLDMON0038284 JESSEE.TXT Park 131:10 part 9:13; 13:12; 14:7; 19:14; 20:9, 13; 35:4,6; 1QO A G. A * 69:15; 71:18; 74:2; 99:12; 114:14 ; 124:10; 134:1; 144:19; 147:10; 187:20 parf i pa fa 8:6; 9:12 ; 147:5,8,10 participated 9:8,13; 138:11; 217:23 participating 35:21; 146:17 pa rf i />*n ] jr 43:9; 49:8, 13; 51:7,8; 61:20; 74:2; 77:22; 91:19; 107:12; 136:12,19; 137:6; 142:19; 155:16; 160:21; 184:15,19; 190:22; 196:18 particulars 112:18; 130:14 parties 4:3; 219:11,14, 15.5 parts 76:11; 97:13; 181:21 past 172:21; 173:5 patented 194:4 paths 40:13 Paul 141:19 nauaa 94:17 pay 49:12; 95:4 PC 74:11 PCB 18:3; 26:19; 27:17; 51:14,23; 52:11; 58:19; 59:15; 66:15; 107:11; 117:2; 118:12; 141:17; 142-7- 147:15; 171:4; 181:18; 182:20; 183:10; 186:13; 189:2; 192:8; 194:14; 195:3; 198:9; 208:6; 210:19; 211:2 PCB/solids 186:14 PCBs 10:15; 11:2; 17:16; 18:4; 27:5, 14,20,21; 2 9:2; .31:15; 39:12; 51:20; 53:3,8,21; 54:5,17; 55:17; 59:5, 9,15; 60:2, 21; 66:13,14; 68:22; 69:1, 10; 91:2,8; 103:22; 105:3,18,21; 106:23; 108:9,13; 114:3; 116:18; 117:4,17; 118:21; 120:5; 121:1; 125:6: 129:4; 131:20; 140:16; 146:7; 147:16; 154:14; 169:9; 172:6; 175:23; 182:10; 187:9.22: 188:23; 189:12; 191:9,15,16; 192:7,18; 194:8; 195:9; 199:14,20; 200:4; 202:21; 210:19 pen 81:22; 82:11 penalties 129:15 people 35:19; 36:5; 37:13; 43:11,23; 46:12; 47:4; 49:4; 53:18; 69:22; 71:10; 83:22; 84:20; 89:23; 90:4, 16; 91:22; 92:10; 93:12; 95:2; 104:11, 13,16; 105:8, 13,15; 109:14; 124:15; 127:14,22; 135:8; 138:10; 139:18; 140:22; 141:3; 160:18; 190:23; ^ 201:2; 204:11; 207:8; 209:5, 10; 212:13, 21; 215:4; 218:7 per 51:12; 65:2; 157:3, 5; 181: 21; 216:8,10; 217:16 performed 13:8; 15:9; 59:8; 60:6 perhaps 146:17; 155:20; 177:6; 216:lb period 11:11; 14:4; 16:1, 23; 22:12; 23:11; 27:4, 6,8; 28:5; 35:3; 36:14, 19; 38:5,18; 41:3,6,8,14; 49:14; 50;2; 54:10; 58:12; 59:14,18,23; Page 20 60:17; 63:20; 68:16; 69:19; 84:20; 86:17; 88:14; 89:1, 6; 93:19; 95:4; 97:15; 106: 3.8,22; 108:6; 114:4; 118:8; 136:1; 156:20; lb/': 6; i68:5. 9; 197:15 permanent 49:11 person 32:2; 37:23; 137:14; 152:5; 168:23; 217:12,18 personally 102:6; 129:10 personnel 50:11; 51:10 pertaining 37:4 phases 111:14 phenol 19:5; ^ -i Ha , eO, n/ j iJ-Jiphilanthropic 214:18; 216:7; 217:22 phone 21:3; 176:6 pick 176:6 picked 16:7; 55:6,23; er 4? c *100*17? 209:12 picture 112:7; 199:17 piece 77:13; 126:16 Pierle 38:9, 15; 39:6 pig 89:11; JV v pigs 89:4,5, 23; 90:4,12, 16,19; 91:7, 10,12,15; 92:11; 93:12, 15; 127:19 pioneer 142:3 piped 76:11 p 4 M A A 1 K ^ * 1 Q r. 201:15 pit 86:5,9,10; ADAD21-005886 HARTOLDMON0038285 JESSEE.TXT 87:2; 121:5, 7; 124:4; 158:15; 159:2,4,7; 160:19; 188:17J; 189:4; 191:9, 13,17; 193:16,17,18 pit3 75:18; 82:20,23; 83:3; 122:16; 150:21; 151:5; 159:3; 166:10,14; 185:15; 192:3 place 8:23; 16:11; 21:22; 25:12; 48:22; 65:13; 73:22; 76:16; 79:20; 88:11; 92:9, 22; 125:7; 138:20; 152:12 ; 185:16; 203:4,11 placed 12:14 places 73:14; 201:7; 210:13 Plaintiff'a 78:8; 150:9; 161:17; 202:5 Plaintiffs 1:6,13.5; 2:6.5,15.5; 3:2; 5:5 plan 109:16; 117:11 plant 7:21;9:1,4,5,11; 10:6,7,14; 11:4; 12:1,3, 19; 13:5,22; 14:8,15; 15:16,17,19; 16:16; 17:13; 18:9,17; 19:1,13,16, 21; 20:7,11, 12; 21:4,18; 22:8,10,ll. 19; 23:1,3; 24:15,17; 25:5; 27:2, 13; 28:23; 32:13; 36:2; 37:2,12; 43:21,22; 44:4,10; 49:19,20,21; 50:9,15; 51:19; 53:2, 4 9 IQ* c;A * 6 56:10; 57:3; 59:11; 60:18; 65:8,21; 66:18; 67:17, 19; 68:17,21; 72:15,16; 75:19; 76:2, 5,8 ,9,12; 77: j 814-15: 79:5,8,20; 80: 5,10; 81:17; 82:7, 9,15; 83:4, 13,14,20; 85:2,3,5; 86: 5,18; 87:13,6,7,20, 22 88:2-815; 89:7; " 90:23; 91:1; 93:21; 94:3, 15; 95:3; 96:11,20,22, 23; 99:23; 103 : 23 ; 104 :l,5,17; 106 9,12; 107 :l,6,i2. 16,18; 110 15; 111 22; 113 6; 114:4; 117 11,12; 119 16,23; 122 12; 123 18; 126 11; 129 15,17; 130 5,9; 131 2; 140 23; 143 21,23; 146 5,7; 147 20; 150 11,is; 156 20; 157 8; 158 16; 162 7,15,19; 163 1,10,11, 22; 164:17, 21; 165:2,8, 18,20; 169:9; 172:16; 174:21; 175:22; 186:17; 187:10; 189:17*20; 190:6; 192:4; 194:13,15,21, 22; 195:7; 197:10; 198:20; 199:2,3,12, 15; 200:3,5, 17,18,23; 201:17,22; 204:12; 208:6,17,20; 209:23 ; 210:10; 212:22; 213:19; 214:21; 215:4,12,18 plant's 54:3 plants 13:2; 15:21,23; 37:3,17; 42:9; 50:14, play 120:16 '* played 52:9 player 20:14; 85:2 Plaza 2:17; 219:5.5 please 6:19; 143:11; dr- ro-- -:o}- 1iD^Q.;nz Au pledge 41:16, 18; 42:8; 43:9; 44:15 point 12:13, " 17;' 16:19; 28:4; 29:3; 39:8,18; 41:13; 48:2, /i . r a . i . ~3 , Z> => . J. , 68:15; 70:17; 77:7; 79:4, 19; 80:2; 85:19; 87:13; 102:17; 112:8; 123:23; 129:2; 1 J 4 . 4 *7 . i / j 157:23; 162:4; Page 21 185:10; 196:9; 207:5; 210:18; 212:16;-217:5 points 76:5; 78:10; 113:15; 121:14; 122:6 policy 32:23; 100:23; 101:14,15 polymer 195:1 portion 42:13; 77:22; 215:12 position *18:19; 38:20; 70:8; 84:7; 133:8; 141:23; 145:2 positions 36:13 possibility 29:6,8; 140:22; 159:22; 212:7 possible 29:22 possibly 108:13 puaam ^uacuJ9 A jO # *3 A potential' 51:16,23; 53:19; 54:16, 20; 63:22; 103:21; 108:12,17; 130:1,7,23; 148:12 k A ^to aA 6 J 1^ 7< pounds 62:13, 19;. 65:2; 66:23; 67:4, 16; 157:3,5; 173:1,17; 178:3,6,12, 16,18; 188:23; QXT W Q</ O/ 1-AM" 7 ! 1-- / Power 76:15; 77:16; 95:20 PR 47:22 practical 37:19 Prater 99:8,9; 102:19 preachers Oa Qa I AA *_ UA A7 *- 7A -/ -j- "* / " " " / 4,14,16; 93:2 preaching 92:5 ADAD21-005887 HARTOLDMON0038286 JESSEE.TXT precipitately 147:7 predominantly 88:2 prefatory fiS r ' prefer 179:23 premature 205:22 prepare 99:4 presence 116:17 present 6:8; 92:20,21; 1 ft 7 ; 1 ; 164:1; 204:18 Presently 173:8 president 41:4 pretty 38:7, 13,19; 42:22; 54:13; 78:23; 83:9; 104:2; 122:2; 135:10; 216:3 prevention 15:3,5 previous 140:l; 200:9 previously 106:15; 117:15; 135:13; 140:12; 150:10; 151:1; 157:23; i62:iu; 172:2; 202:23; 206:7 price 90:5 printed 43:17 prior 4:18; 35:22; 53:16, 17; 156:14 priority 64:5, 7,14 Private 217:7 privileged 215:17 privy 28:13; 69:16 probably 17:4, 5; 25:14,21, 23; 26:14; 02:17; hi:16; 87:11; 112:17; 120:22; 124:12; 138:13; 151:15; 161:16; i q ? i a; 195:1; 206:8; 209:1,20; 215:7; 216:15 problem 53:3, 6,20; 54:16, 21; 55:19; 57:1; 58:19; 63 :22; 1 DA r 7T; 105:1,2; 115:4; 118:12; 127:3,10; 128:3; 129:2; 136:12,19; 148:18; 149:1; 175:11; 182:20,21,23; 183:11; 206:9; 208:18 problems 51:12; 103:21; 119:18; 130:9; 147:21; 148:6,12 procedures 71:12 process 11:14; i7:i8,20; 18:3,16; 19:7,19,22; 23:20; 26:2; 32:21; 40:17; 54:1; 61:10, 19; 64:18 ; 69:18; 76:11; 79:16; 84:14; 86:2 0,23; 87:9,16; 106:17; 110:14; 121:18; 122:9; 125:15; 165:10,22; 177:1,9; 18h:10; 195:6; 196:14; 200:15; 201:4 processes 24:6; 79:13; 126:6; 154:2 processing 125:14; 166:4 produced 2:14.5; 5:4; 147:15 product 16:16; 18:18; 19:3, 5; 2 4:5; 28:2,9,18; 30:23; 65:3; 66:10; 69:3, 10; 216:2 production 26:20; 60:20; 63:4,8; 66:20; 67:6, 9; 68:17,21; 120:17; 124:16; 126:10; 127:3 ; 133:10; 148:11; 168:2 products 23:13; 70:2; 147:14,16 * PROFESSIONAL 1:19.5; 2:18; 219:3.5 profit 215:12, 13; 216:5 profitable 216:2 program 7:3; 11:17; 54:11; 141:18; 142:8; 217:21 programs " 14 : 13 ; 36:9 project 190:12 promoted 20:4; 22:5 promotiona1 22:7 prompted 33:17; 95:1; 107:3 promulgated 35:14 promulgating 45:3 promulgation 35:23; 38:2; 46:18; 48:5 Page 22 pronouncement 43:10 proper 17:8 properly 72:3 property 15:3, 5; 33:14; 77:13,22; 78:22; 87:21; 90:22; 105:3 proposed 37:8 protect 74:1 protection 14:13; 15:1; 33 :14 proven 117:4 provide 118:22; 126:15; 179:12; 196:7,17 provided 24:15,16; 114:15; 119:4,6; 124:23; 125:18 provision 73:7 public 2:18.5; 4:6; 47:10, 15; 127:9; 128:2; 135:4; 143:9; 144:12,18; 145:13; 148:19; 149:4; 213:10; 4X/.XX,IXQW,*--219:4,21.5 publications 107:14,21 published 43:17 pump 121:12; 150:18 pumped 188:16 / umy i "3a1 # i n ^ 11; 122:5 punches 133:13 purchased 18:14; 93:16 purpose 31:10; 174:15; 191:13 purposes 5:16; -Jf .OJ?d . cu. put 12:5; 17:15; 28:2; ADAD21-005888 HARTOLDMON0038287 JESSEE.TXT 54:11; 57:17; 83:6; 97:19; 105:6; 107:4; 112:6; 121:5, 8,9,20,23; 122:1,9 ; 134:9; # 139:22; 142:14,19; 150:2; 159:7; 162:11; 169:21; 188:3; 199:16; 201:2; 217:7 puts 170:2 putting 17:11; 105:1,4; 157:16 Q quality 50:10 quantifying *140: ll"* * quantities 54:5; 75:16; 140:19 Queeny 22:10, 12,23; 23:11, 20; 24:17,21; 25:8,13; 26:4 question 9:21; 15:3; 26:11; 32:5; 49:8; 51:5; 52:16, 18; 71:5; 111:6; 114:10; 139:14; - 144:23; 150:4; 162:9; 170:8; 175:15; 179:17; 180:1,3; 183:8; 187:13 ; 190:19; 193:4 questions 4:14,15; 6:3; 49:2; 132:14; 143:13; 155:7; 172:20; 173:5; 177:20 quick 30:15; 65:14; 115:12 quickly 30:7 quietly 148:18 quit 58:11; 105:9 quite 129:7; 178:8 quoted 111:8 R railroad 87:8 raise 118:4; 213: 6 raised 90:22; 107:18 ran 75:5,17; 80:14,15,17; 82:20; 192:2; 195:3 rate 158:16 rather 55:9; 144:11 ratio 63:10; 67:11 rats 60:6 RCRA 32:5; 33:4; 35:11; 39:13; 40:10; 46:4; 48:5,13 reach 139:9 reached 33:18 reaching 138:4 reactors 121:20 read 55:21; 81:22; 82:5; 107:23; 130:10; 136:23; 142:21; 143:11; 146:2,10,14; 155:13; 158:7,9,11; 170:7,9,16; 178:7; 179:5; 4ni . A 4 A. l Z , O , XU f 218:16 reading 4:8; 5:10; 48:4; 178:12; 182:10,17 reads 139:6 Ready 34:22 real 20:7; 108:16,18; 199:20 really 57:1; 173:12 rear 80:10 reared 6:16 reason 138:16; 149:15; 183:3 reasonable 57:12; 114:1 recall 29:17; 39:10; 49:9; 59:10; 70:15; 78:2; 88:1; 90:14; 128:6; 130:1,17,21; 150:17; 181:5; 195:18; 206:5; 210:14 receive 112:19 received 206:21 receiving 180:15; 199:10 recent 143:20 recently 17:7 recipients 134:23; 135:8 recognize 1 /"T . A A lO / ^ recollection * 24:22; 123:7; 130:20; 151:11; 203:2 recommend 14:1; 206:23 recommendatio ns 14:2 ; 10.1. 1T7.1Q J_o . J. , -i--> I * J.-' , 21; 140:2 recommended 202:20 record 6:4; 20:16; 47:20; 133:20; 139:7; 170:9, 17; 219:12 A A 1 1. C'-'VJ. W1 J 20:18; 82:3 recover 57:19 Recovery 37:6; 45:6 reduce 105:9; 121:1; 146:6; 157:19 reduced 57:21; U^ X1 * */7 f 4O. x1 -O/ J1.Wrt reducing 61:3; 151:4 Page 23 refer 190:14 rsfel6uC6 96:17; 118:17; 138:3; 143:9; 144:10,11; 152:10; 154:11,% 155:17; 189:5; ^ AA . 1 A . 17 J 1 XU f 194:18; 202:8; 205:12 referred 98:21; 135:22; 140:12; 152:4; 158:1; 172:3,14 X OX OX X XAAVJ 116:13; 147:3; 189:15 refers 142:7; 143:22; 144:3; 146:20; 182:11; 183:14; i1*q1t/ .^o Wn, laa-nw refresh 203:1 refreshed 98:15 refrigerated 125:19 Refuse 207:1 regard 52:2; 53:21; 125:5; 131:19,20,22; 132:2; 145:9; 14 6; 6 Regarding 140:16 _ region 56:1/; 116:3; 202:11; 208:8 regional 130:12; 202:13; 206:22 Register 37:9 REGISTERED 1:19.5; 2:18; 219:3 regular 22:2; 76:1; 216:10 regulate 39:14 regulated 24:19; 73:4 ADAD21-005889 HARTOLDMON0038288 JESSEE.TXT regulation 73 :8 regulations 33:3; 35:13, 18,20,23; 36:1,6; 37:7; 39:li; 73:9 regulators 24:20; 105:14; 131:18 regulatory 25:3; 57:23; 58:9; 60:23; 61:1; 105:8; 109:14; 118:5; 120:2; 127:13,15 related 14:23; 40:22; 53:8; 108:13; 219:13.5 relation 128:13 relations 47:10,16; 143:10; 144:13; 217:12,18,21 relative 25:1; 146:5; 219:15 relatively 170:20 release 55:11; 148:18 released 55:11 reluctance 170:19 relying 175:1, 21; 176:1,10 remember 10:12,20; 11:16,18; 12:10; 13:16; 14:3; 15:17; 16:8; 17:2, 23; 18:5; 23:23; 24:10, 11,14; 25:2, 19; 29:4; 32:9; 38:8; 42:1; 45:1; 47:7; 51:6; 52:21; 60:3, 9,11,16; 63:9,10; 65:5; 67:10; 71:18; 78:3; 80:9; 83:2; 84:3,17; 88:5,6,11; 89:8; 90:14; 92:1; 94:18; 96:19,21; 97:5; 99:18; 104:10; 106:1; 107:7; 108:5; 109:2; 111:7; 119:11; 120:11; 122:4; 123:3; 128:19,21; 129:1,5,8,12; 130:14; 131:15; 133:3; 143:4, 5; 144:6,7,9; 146:3,19; 148:8; 154:1, 17,18; 159:1, 3: 164:14: 167:17,19,22; 169:3; 177:7, 18; 180:15; 181:5; 182:6, 18; 184:13, 14,17,18; 191:2,5,11, 20; 194:16; 198:13,14,16; 199:10; 201:20; 203:1; 204:2; 208:1,11; 209:16,17; 210:11; 211:21; 212:18; 217:2 remove 121:10; 195:8 ' removed 200:22 replace 122:22 replaced 207:23 replacement 69:3,10 replacing 49:21 report 17:12, 15,20; 84:13, 15,19; 112:19,23; 169:7; 170:19; 174:14; 176:2; 208:5; 212:12 reported 181:21 REPORTER 1:19.5; 2:18; 219:3.5 reporting 1:19; 174:16; 208:9,19 reports-57TT4 represent 100:15,16; 101:5,6,17; 180:4 representation 100:21; 101:21 representative 18:21 representativ- es 13:18; 36:3 represented 3 : 2,4.5 ; 100:9 representing 102:14 represents , 102:2 reproduceable 57:6; 106:5,6 reguest 117:8; 215:1 requested 118:20 requesting ziu ; J.4* require 160:18,22 requirements 70:13,16,20 research 18:22; 69:22 reservation 172:7 Resource 37;5/ 45:5 respect 126:8 respective 4:3 response 51:22; 52:16; 116:22; 117:7; 139:14; JL / Z Z U 205:16; 206:6 responsibilit- Page 24 ies 35:9; 145:16,19 responsibility 42:4,8; 85:13 responsible 36:10,12; 85:14; 153:1 rest 149:5; 151:7 results 57:8; 58:10; 176:3; 198:10; 211:19 retain 100:14 retire 33:15, 23 retired 33:12; 34:6; 48:21 retirement 34:17,18 returned 34:19 review 99:14, 17; 100:2 rework 29:5,7 reworked 122:9 rid 92:12 right-hand 134 :8 i Z _LH XO Ritz-Carlton 2:17; 219:5 river 7:15; 154:13; 186:18 rivers 54:8 road 70:4; 77:1,3,15; o _> z ; aw / 86:1; 123:18 roaming 89:23 rock 159:23; 160:4 rocks 192:20 Rocky 9:6 role 20:15; 51:13; 52:8; 120 16/ 177:18; 186:9 Ronald 39:23 room 125:9; 166:8 Rotary 214:15 round 33:11 Rousch 48:23 routine 65:4; J. W RPR 4:5 rubber 124:23 ADAD21-005890 HARTOLDMON0038289 JESSEE.TXT rubber-type X Z. H . ^ Z rule 73:7; 74 :3 rules 37:8,15; 38:2,3; 42:11; 45:4; 46:4,18; 48:6,12; 73:8; 125:5, 13; 14 5;4 ruminate 179:21 run 21:10,13; 22:1; 90:8; 191:17 run-off 72:5; 73:23; 77:20, 21; 83:13 j. uiixi j. iiy / ** . h , 90:6; 191:8 S safeguarding 14 :14 safeguards 15 : 6 ee ^ 1 TO1 13:6,10,12, 14,19; 14:23; 15:1; 33:13; 50:10; 124:17,20,21; 126:4,7,13,14 SAITH 218:20 same 8:23; 1 10*10* 19:15; 23:13; 26:11; 33:21; 40:16,19,23; 41:2,7; 71:17; 77:15; 85:7,8; 127:11; 128:5; 1 C. o * 1 *1 185:16,17 sample 212:5 sampled 113:16,18 samples 152:1; 163:17; 181:3; 197:7, 10,18; 198:3, 1 C. 100*0 sampling 56:4; 110:8,10; 142:4; iDi.iJ, 154:19 ; 198:8,10 sat 99:6; 102:21 satisfactory 195:15 Sauget 7:16; 10:8,17; j. x ; x ^ , x x. . x , 19; 13:8; 16:1,5; 17:16; 18:7, 17; 26:20; 27:13; 31:7, 12; 186:18 Savage 153:15, 17 aaw ** u xu, 50:19,22; 98:9; 112:23; 113:4; 118:17; 130:18; 147:17 saying 10:2; 21:3; 80:16; 111 Q 137:14,17; 145:12; 149:20,22; 160:4; 165:1; 190:18; 193:10; 216:22 says 5:5; /nX ** Wi ^ -mI. -J /o nW*| 139:8; 140:1; 142:9,14; 146:20,21; 147:3,7; 163:8,16,23; 170:18; 172:20; 173:20; 1*70*1 1/1 1 K 180:17; 181:20; 182:19; 187:2; 206:21 scheduled 135:14 school 7:9 schools 217:4 scientific 54:14; 107:22 Page 25 Scott 144:5; X-JX . / 1 J Scout 214:5 scrap 201:3 scrubber 121:21 scrubbing 121:16 se 51:12; 217:16 scax xx^.xo searching 31:19 second 135:22; 137:23; 138:2; 139:8; 143:7; 158:6; 161:22; 167:1,3; nX /oX .iXo*, 173:7; 182:1; 185:5,18; 188:20 Secretary 146:22 section 38:2 sections 45:4 sediment 1U-Q* 116:21; 117:18; ' 159:18; 160:3,5; 211:12 sedimentation 57:19 see 17:6; 4 4*7* t=;n 1 7 ; 72:23; 82:14; 98:9,11; 100:4; 111:10,15; 132:23 ; 135:7,14; 152:8,12; 174:7; 1 7 5 1 n ;__________ 195:4; 211:19 seeing 167:17, 19 Seemed 55:18 seems 67:3; 80:14; 207:6 seen 13:23; 33:20; 84:13; Qfl 7 1 fi ;_________ 133:3,4; 143:1; 197:5 Seifert 186:4, -'/XX, XU / .XU Seifert's 186:9 sell 28:3; 92:11 senators 46:2, 17 send 13:3; 57:8; 187:21 MSAOHU/IU1lHU'j KU // X1 *^* , 58:10; 208:14 sense 179:19; 190:1,10 sent 12:19; 22:16; 76:6; 99:21; 174:5; 181:15; 187:9; on*7 71 * 711 sentence 138:2; 139:6, 7; 147:2; 161:23; 163:23; 170:5,7,10; 178:8,13 separate 111-14: 121:14 separation 122:3 September 167:8; 168:22; 172:4; 174:5 sequence 131_:5 seriousness 182:19; 183:10 serves 24:7 service 9:18; 10:3,5 services 217:18 sessions 43:22 set 37:8.14: 54:7; 73:8; 138:4; 219:17.5 settle 122:7 semea x22:8 seven 3:17.5; 11:7; 166:21; 178:18 Seventeen 3:22.5; 207:17,19 ADAD21-005891 HARTOLDMON0038290 JESSES.TXT several 25:14; 49:14; 68:3; 84:20; 155:12 severance 34:5; 49:12 _ ._. _ _ O ^ . 1 f 22; 158:3,21; 159:14; 162:5,12,17; 164:11,12,13, 22; 165:2,4, 15,17; 166:13 sewered 162:11 sewers 166:7, O1 shall 4:12 Sheila 2:17.5; 4:5; 5:14; 219:3,21 Shift 8:7 shoes 126:14 short 27:6; 54:9; 168:5,9 v*^ a 30:18 shortly 43:15; 53:21 shot 183:6 shouldn't 35:1; 169:7; 207:4 show 78:5,14; Q1 ;2!} 132:11; 133:21; 154:23; 163:23; 200:10 shower 121:22 shown 114:2~ shows 78:10; 1 ; 1 shut 168:10; 215:6,8 side 77:15; 87:5; 125:18; 192:13 sign 34:15; 218:17 signature ian *in * 218:16; 219:10.5 signed 34:9 significance 182:5 significant 57:16; 163:18 significantly 57:21 signing 4:8; 5:11 silo 147:22 14:8; 34:1; 103:1,11; 136:10; 218:9 sir 6:19; 15:4; 46:6; 117:21; 143:12; 149:13; 170:14,16; 175:16; 191:4,22 sit 13:22 site 12:1,4; 77:8,15; 79:21; 81:17; 82:7,9; 83:4, 17,IS; HS:S; 86:7,18; 87:4; 106:12; 107:1,12; 113:6; 122:12; 123:18; 165:18,20; 174:22; 175:22; 189:17,20; 194:15,21,22; 197:10; 200:5; 201:23; 208:21; 209:23 sitting 182:4 situation 51:15; 73:15; 107:19; 109:13; 131:6 six 3:17; 21:14,23; 155:2,3,5,8, 9,11; 157:14; 161:18 lirteen 3:22: 158:9; 202:5, 7 sixty 10:13 sketchy 54:13; 107:14 slaughter 91:15 slaughtered 91:13 slides 44:19 slightest 142:23; 171:2 s!ud^fi 75:5? 165:9 Small 75:16 Smith 3:7 Snow 64:16; 79:19; 80:20; 81:1; 114:21; 158:4,5; 162:22 ; 1 7 : S _ 2n : 164:6; 166:14; 185:17; 206:14 Snow's 75:19; 113:19; 116:11; 163:12 social 42:3,7 sole 96:3 solid 11:19; 12:6; 24:10; 25:19; 61:9; 62:14; 64:2; 67:7; 74:7; 75:1; 186:20; 187:8,21; 188:4,11 solids 186:12 somebody 16:20; 17:18; 31:23; 45:22; t> J : jl^ , 17 ; 92:10; 101:17; 119:9; 129:6; 141:5; 143:18; 146:1; 152:21; 194:5; 201:2; 205:8,23; 212:4 somehow 51:13 someone 91:14; 124:2 someplace 82:5; 150:14; 152:14 something 23:14,15; 25:4; 26:1; 27:10; 32:1; Page 26 37:18; 43:23; 53:8; 59:1s; 74:5; 84:16; 91:8; 101:3, 10; 108:1,7; 109:5,6; 116:li; 125:4; 130:10,13; 134:10; 142:10; 146:13; 148:20; 149:17; 150:5; 156:6, 14; 161:9; 163:7; 169:18; 174:11; 175:9; 176:4; 178:10; 184:3; 189:16; 196:2; 205:1, 2,8,18,22; 207:4; 212:3, 7; 213:3; 215:10 sometime 13:9; 15:14; 98:12 Sometimes 23:13; 209:4 somewhere 122:11; 159:16; 196:11 sorry 29:15; 30:1; 40:15'; 152:9; 173;10; 190:6 sort 19:11; 81:6; 121:13; 123:7; 142:2; 184:23 soul 149:5 sounds 57:12 svurcs 189.9, 199:20; 200:4 south 18:10; 22:9; 88:7; 97:18; 210:4 Southeast 206:22 southern 87:18 speaks 144:20 specific 11:20,21, ' ! ADAD21-005892 HARTOLDMON0038291 JESSEE.TXT 40:11; 60:3 specifically 17:3; 104:10; 107:7; 191:2, 5; 194:16 specu_lat. e 62:8; 63:2 spell 21:16; 40:3 spend 209:22 sponsoring 38:1 spread 117:2 St 2:17; 6:11; 4 / Z^ ST. 1:20.5; 6:9,14,15; 7:2; 24:14; 43:15; 50:23; 109:12; 119:7; 131:11; 141:22; ^r* 217:10; 219:5.5 staff 13:23; 32:23; 33:1, 2,6; 56:20; 115:21 stand 44:18 standpoint *i n n n o i o start 9:16,21; 19:12,21; 21:8; 193:7 started 9:15; 10:17,21; 33:7; 57:13; 144:4; 145:5 starts 170:12 4:6; 5:19; 6:4; 24:20; 61:6; 70:14; 73:20; 118:4, 14; 129:22; 145:1; 219:4 stated 69:12 statement states 1:1; 2:1.5; 7:11; 13:2; 137:19 stay 5:23; 19:23; 20:23; 168:8; 209:18,21 steadily 38:19 steam 121:18 steel 62:13; 87:16; 123:13; ioo; Steel-toed 126:18 steps 121:4 Stewart 3:2.5, 11.5; 5:7,12; 6:3; 10:2; 15:11; 20:16, 19; 26:14,16; zo;i / x/ , 30:6,10,13, 17,20; 32:7; 34:17,23; 35:3; 41:7; 42:1,18; 43:3; 46:17; 47:19; 48:1; 53:7; 58:23; /rn.'l ^ 1 1 d 15; 62:4; 63:20; 64:6, 13; 65:14,17; 66:4; 68:4; 69:2,17; 70:3,23; 78:14,17,21; 80:3; 81:5, in i c; q o Q 93:6; 97:21; 98:3; 100:19; 101:15; 102:9,12; 106:4; 110:4; 111:2,12; 114:13; 115:16; neon* 117:21; 118:15; 123:17,20; 126:9; 127:7, 15,20; 128:7; 132:11; 133:12,19,23; 134:7; 137:1, 3 * 1 ^# 1 7; 139:2; 140:8; 141:11,15; 143:15; 144:22; 145:4,11; 146:8; 148:3, 15; 154:4,6; 155:1,5,10, 15; 156:2,16; 159:11; 161:21,22; 166:20,23; Xus 168:14,17; 169:16; 171:10,14; 173:7,13,15, 21; 175:15; 176:17,21; 179:7,22; 180:4,8,11; ioi in i t 183:5,9,20; 184:1; 185:2, 4; 187:19; 189:11; 190:3; 191:4; 192:23; 193:5,10; 195:14; 1 G ^ 1 ^ IQ* 197:2; 200:14; 202:2,8; 205:11; 207:12,15,20* 213:23; 214:7; 217:15,17; 91R t 1 9 still 40:5; 86:2; 153:3, 12,20; 166:8; 185:1; 218:5, 7 STIPULATED 4:2,12,21 stipulations 5:7 Stir 115:9 stirs 159:6 stock 94:22 stop 58:13; 61:12; 208:y stopped 208:19 stopping 65:13 storage 70:4 story 169:14 straight 169:14 stream 55:12, 18; 56:4; 57:20; 58:11; 61:8; 64:16, 21; 67:7; Page 27 86:22; 107:1; 113:17; 191:19 streams 113:11; . gz a street 3:6; . 22:9; 61:11, 16; 64:3; 82:15; 123:2; 218:11 strictly 37:5 strong 206:21 strongly ms 99 study 54:2; 60:14,15; 108:9 stuff 8:7; 10:12; 23:16; 25:2; 42:12, 22; 55:7; 56:5; 57:10; 71;1fi; 124:3; 158:21; 160:2; 162:5; 170:3; 192:1; 195:17 sunject yj:8; 105:17 submit 37:14, 22 submitting 35:21 subpoenaed 170:21 subsequently 24:12; 73;1j Substance 39:15,16 substation 77:17,23 sue 145:15 sued 203:6 suggest 117:7; 138:11; x-jy : i /, 2u, 169:5; 218:15 suggested 101:10; 137:10; 138:6; 206:13 suggestion 26:15; 115:18; ij 7;15 suing 171:7; 204:21 ADAD21-005893 HARTOLDMON0038292 JESSEE.TXT suit 96:17; 202:20; 207:1 SUITE 1:20 sulfur 94:13, 16,21 sum 217:3 summary 156:23 sump 121:10, 11,12; 122:5; 150:18 sumps 121:16 superintendent 20:5; 22:6; 44:16; 168:2 superintenaents 15:21 supervised 124 : 9 supervisor 120:12,17; 133:10 Supplied 186:3,10 support 109:12 supposed 18:21; 44:14; 93:9; 134:4; 142:21; 174:13; 176:6; 184:9 surface 77:21; 83 :13 auxVcjf l_ i_i_.z_ j_ surveying 209:23 surveys 112:9 suspect 138:8; 208:3 swapped 76:14 SWIFT 1:4.5,5; 2: 5,5.5; 5:17 swwj.il ^ ; 13 f 5:4; 219:7.5 system 24:9; 30:22; 75:6, 7; 82:20,22; 121:17; 122:3; 158:3; 159:14; 162:5,17; xo 3^ / 164:11,13,14, 22; 165:2,9, 15,17; 166:3, 13; 176:11,13 T tackled 199:19 Taffee 70:7; 85:12,13; 119:22; 211:6; 212:2 Taffee's 70:8 taken.] 65:16; 115:15 takers 201:6 talked 13:23; 46:7; 50:8; 51:1; 54:23; 56:19; 60:22; 89:17; 92:8; 94:9; 99:6; 102:12,21; 103:3; 108:22; 120:2; 150:20; 151:10,17; 162:10; 185:16; 209:10; 213:18 talks 150:18; 151:12; 156:14,19; 163:3; 166:5; Oj 193:14; 200:14 tank 125:4 tanker 28:3 tanks 201:15 tars 61:10,15; 74:11; 87:15 team 13:4,19; x^ o;^xAo}. ix/o .;Azx1 teams 13:3 technical 9:18; 10:3,5; 53:18; 55:1; 56:13; 70:9; 141:21; 156:1,3; 209:5 miQ^uuuxuaxA x1 j.f. 22 :22 technician 84:9 techniques 142:4 technology 18:14,18; 19:8; 194:4 telephone 95:23 ten 3:19; 68:4; 176:20 tentatively 186:15; 187:2,15,18 Tenth 218:11 tenure 118:3; 129:3; 210:18 term 32:6; 60:16; 73:19; 182:21 terms 42:3; 54:5; 107:20 terrain 211:8 terrible 55:15 test 91:10; 113:11; 199:7 testify 101:3; 102:22; 219:7.5 testimony 28:6; 35:22; 69:8; 97:14; 100:4,5,6; 103:12; 165:5; s, 166:11; 198:15; 219:12 X ~ ~.X J ~ 109:21; 151:22; 174:22; 175:17; 209:15; 210:9,15; 211:11 tests 59:8; 60:5; Ix3;i0; 194:19 Texas 6:17; 18:10,11; 19:18 That'll 81:19 themselves 123:6; 175:17; 192:9 XV SAVA / <9 O R 29:8; 37:18; 62:8; 63:12; 71:8; 74:23; 96:17; 138:3; 141:18; 142:10; 157:3; Page 28 179:11; 193:22; 201:14,15; 206:11 therefore 115:10 thereto 4:18 thereupon 219:9.5 thing 5:13; 16:4,6; 22:1; 33:21; 34:20; 45:10; 65:10; 67:4; 85:7,8; 97:21; 104:9; 106:14; 116:12; 120:21; 121:22; 126:18; 131:7; 137:6; 138:14; 148:23; AXCJT JC .* AO 4 f AXJ-> , 167:1,2,10; 170:1; 189 :23; 190:22; 191:23; . 205:19 things 10:14; 14:9,10,20, *7 *3 *3 23:10; 35:5, 15; 36:18; 42:5; 46:3; 57:3,6,9; 62:21; 65:9, 11,18; 70:19; 71:'23 ; 72:8; 94:10,12; o^ n i o ^ 107:14; 110:11; 121:14,17; 122:7; 125:19; 149:18; 150:10,15; 155:19; 156:5; 161:12; 165:19; 186:1; 190:13,15; 211:15; 213:17; 214:19,22; ADAD21-005894 HARTOLDMON0038293 JESSEE.TXT 217:11 thinking 31:6, 13; 179:14; 204:21 third 155:18, 23; 170:10; 173:12,13 Thirteen 3:20.5; 183:23 Thirty 218:6 though 191:8; 211:11 thoughts 183:3 tnree 3 :10. t>; 14:8; 23:14; 53:10; 66:6; 97:23; 98:2; 99:1,12,13; 12 0: 3.9; 146:11,14; 161:17; 209:2 throughout 43TT87T9 throws 187:15 tighten 58:3 timing 159:10 tissue 152:2 title 153:19 Toby 88:22; 119:14; 120:9; 168:22 today 63:13; 69:8; 97:14; 100:9; 101:4; 145:12; 151:1; 166:11; 168:6; 182:4 together ' 15:22; 17:12, ; /; ;it-- xo ji --f || xx 54:11,22; 105:7; 107:5; 112:7; 157:17; 188:3; 199:17 tone 138:14 tons 188:15; 192:16 t. ooA,, o- ;z- o-- ; 14:7; 19:13; 50:15; 72:12; 92:22; 115:17; 121:4,17; 140:5; 149:8; 150:5; 160:4; 195:1; 203:3 top 142:9; 150:2; 167:7, 9; 180:17 topography 78 : 4 total 49:10; 154:3; 199:17; 216:6 touching 219:8.5 tour 7:19 toward 87:7 towards 12:21; 54:9; 75:22; 208:12 Toxic 39:15,16 toxicity 118:21 trace 75:16; 79:17 training 8:11, 14 transcript 4:9 transcripts 100:6 transferred 11:9; 32:15, 20; 50:23 transported 161:16 Transporting 123:16 trap 57:18 treated 24:13; 41:21 treatment 24:2,8,15,16; 75:6,7; 120:7; 164:17; 165:7 trial 4:17 tributaries 54:8; 211:12 trick 52:18; 118:19 tried 61:2; 211:17 trips 76:2 UJLUWJl 3U.Z1, 160:13 true 86:4; 182:14; 219:11.5 truth 94:6; 219:8 try 57:5; 140:18; 146:23; 148:17; 156:5; 193:6 trying 21:8; 23:23; 28:15; 32:9; 51:13; 52:19; 54:1; 56:22,23; 84:3; 105:12; 111:3; 112:6; 118:19; 127:16; 130:19; 146:6; 156:13; 157:19; 159:12; 178:23 ; 179:8; 189:11,23; 190:3; 193:5; 199:16; 205:19 TSCA 40:9,18 Tucker 152:4, 13 tuition 7:3 Tulane 56:3;% 110:8; 151:18 Tull 128:19, 22; 129:1,3 ^^ 1 a i U U1 XI U Jl ^ Turned 192:8 Twelve 3:20; 181:12,14 twenty 21:19; 68:6; 188:15; 192:16 twenty-five 178:11 TO.II /XXX/ 19,21 two 3:15; 8:8, 9,10,12; 13:20; 14:7; 21:5; 22:4; 23:16; 27:9, 11; 35:15; 41:9; 70:18, O ^ J1- / <Q-* 1 1 *5 f -14-~' / 89:14,18; 90:16; 92:5, 14; 111:14; 120:19; 144:13; 155:20; 159:3; 166:6; Page 29 186:3; 193:22; 201:14; 202:3 type 14:10; 16:4; 23:6; 34:14; 86:15; 131:7; 147:16; 199:6 types 14:9,20; 65:20; 71:23 typo 146:13 D U 5 x'3 0 2 Uh-uh 31:3; 169:12 ultimately 117:4 unaware 77:5 under 7:2; 25:10; 39:13; 40:9; 44:14; Q KJ X_ f X. / / 83:2; 90:8; 145:4,5; 155:8; 163:1; 165:19; 185:17; . 219:9.5 underneath 120:6 25:6; 43:5; 54:19; 71:4; 79:11; 82:6; 100:23; 159:4; 164:4; 169:22; 17 0-: 2; 177:10; 17B-Q 1 7Q : 2 : 180:7; 184:7; 186:19; 190:9 understanding 54:3; 58:17; 71:1; 96:5; 97:20; 101:7; 108:20; 134:18; im? i n? f 154:16; 158:13; 164:8 understands 71:3 understood 51:18,21; 117:14 ADAD21-005895 HARTOLDMON0038294 JESSEE.TXT underway 66:21; 103:11 undesirable 206:16 unfair 152:9 Unfortunately 78:15 uniformly 36:4 unit 19:20; 20:10; 133:11 UNITED 1:1; 2:1.5; 7:11; 13:2; 214:12; 217:1 units 18:12 Universities 217:10 University 6:22; 7:2 unless 61:6; 125:3; 205:9; 218:14 uatil 22:21; 28: 23 ; 33:12; 59:12; 94:19; 140:6; 148:23; 205: 22; 203:7,18 up 3:11; 15:19; 16:7; 18:13; 19:12, 22; 20:21; 21:8; 23:3; 28:20; 29:2; 30:3; 32:15; 39:7; 40:16; 41:15; 42:2; 43:17; 44:18; 49:9; 50:23; 55:6,23; 56:5; 62:15; 65:9; 72:10, 14,15,18; 73:1; 74:6,8, 19; 75:11,17; 79:18; 80:20; 85:9; 90:9; 94:6,19; 97:11; 115:9, 19; 117:23; 120:23; 121:6; 123:13; 129:2; 136:15; 137:19; 148:22; 149:20; 159:6,17,23; 160:14; 161:14; 167:9,11; 169:2; 176:6; 179:4; 180:17; 186:2; 192:17; 193:20; 194:5,6,14; 195:20; 201:1,9; 206:4,18; 209:1,3,7,12, 20; 212:2; 215:23; 216:22; 218:11 upper 134:7 upset 174:11; 176:3 upshot 56:16 usable 17:10 user 217:17 using 5:15; 182:21; 195:20 Usual 5:7 -- V value 178:5, 15; 201:3 various 23:10; 36:21; 45:4; 76:10 vector 71:9, 20; 73:3,12, 17 vegetable 213:7 vegetation 95:9,10 verify 14:15 version 81:3 via 199:15 viable 37:16 VIDEO 1:19 viewed 182:22 violate 156:7, 9 violated 156:10 visible 111:16; 113:1,2,4 visit 208:20 volatile 161:10 voluntarily 61:1 volunteered 55:8,9 VS 1:7; 2:7.5 W Wait 158:10 waive 218:15, 18 waived 4:9,22; 219:10.5 Wales 198:21, 23 wanted 9:2,4; 18:15; 33:22; 46:3; 52:13; 100:20; 101:20; 117:10; 125:20; 132:23; 138:20; 139:20; 160:23; 161:7; 166:17; 177:20; 211:1 warehouse 82:14,16,18; 166:5 wash 185:8 washing 185:9 Washington 7:1; 45:14, 15,18; 47:4 waste 11:13, 19; 12:6,8, 14; 14:21; 16:15; 18:4; 23:18,22; 24:2,5,8; 25:20,23; 26:2,17,19; 27:17; 31:17; 35:1; 39:12; 55:12; 60:20, 22; 62:14; 63:5; 64:2, 15,16,21; 67:7; 70:3; 72:2,12; 73:1; 74:6, 10,18,23; Pagt 75:1,2,3,1 76:20,21; 79:7,11; 82:19,22; 84:14; 85:1 86:6,12,14, 15,21; 106:23; 107:11; 113:6; 119:23; 142:4; 157:22; 162:12; 165:7,21; 166:4; 182:12; 186:20; 187:21; 188:5; 200: 7; 210:19; 211:2 wastes 24:9, 10; 61:9; 74:7,13 water 54:6; 55:1; 75:14 79:8,11; 83:13; 111:13; 121:23; 146:7,22; 151:3,4,12; 157:22; 162:12; 163:19; 164:16,21; 174:20; 175:18; 182,: 11,12; 185:13; 194:5,6,7; 207:21; 211 waterways 110:9 way 24:4,19; 73:3; 78:1; 80:7; 97:22 105:20; 138:16; 147:1; 148:23; 149:2; 169:13; 173:16; 175:7,14,23 176:11; 178:7; 179: ADAD21 HARTOLDM' JESSEE.TXT 182:14,22; 190:8; 200:1; 214:12; 217:1 ways 57:18; 90:15; 149:7 wear 124:15; 126:13; 160:20,22,23 weeks 23:16 west 6:9; 21:19; 123:2 WGX 186:15,16; 187:3; 190:18 whatever 8:12; 11:8; 20:9; 37:16; 51:15, 16; 54:12; 90:7,9; 160:23; 211:9 Wheeler 153:7 WHEREOF 219:17.5 wherever 9:18 whether 31:8, 14; 47:9; 49:10; 69:14; 108:16,18; 125:13; 153:2 0; 176:12; 185:21; 186:23; 196:16; 201:13; 206:1; 210:5; 211:21 White 3:5,5.5; 5:8; 9:20; 15:10; 26:10; 27:23; 29:12, 16,20,23; 30:2,11,15, 19; 31:21; 33:19; 34:11, 13,18,22; 41:6,23; 42:16,19; 46:9,16; 47:18; 53:5; 56:7,11; 58:21; 60:1; 61:12,23; 63:16; 64:4, 8; 65:12,22; 67:23; 68:23; 69:11,20; 70:18; 78:20; 79:23; 81:2, 8; 93:3; 100:12,14,17 ; 101:13; 102:11,18; 103:13; 105:23; 108:3; 110:1, 21,23; 111:4; 114:9,12; 115:12,21,23; 116:6,8; 117:19; 118:13; 123:16; 126:7; 127:5, 11,16; 128:5; 133:12,15,21; 136:23; 137:2,11,16; 138:22; 140:3; 141:5; 143:14; 144:20; 145:1,22; 148:1,13; 150:13; 154:3; 155:9, 14; 156:11; 158:23; 161:20; 167:4,12; 169:8; 173:3, 8,19; 175:5; 179:6,10,16, 20; 180:2; 181:8; 183:2, 6; 185:1,3; 187:11; 189:7,19; 190:2; 191:3; 192:21; 193:3,7; 195:12; 196:4,12,16, 21; 202:10; 203:15; 205:7; 206:13; 207:10,11; 213:21; 214:4; 217:14; 218:14 White's 117:8; 182:20 Who's 153:10 whoever 20:8; 37:23; 217:1 whole 15:2; 31:16; 32:4; 38:18; 42:4; 44:20; 77:4; 97:10; 138:14; 155:12,13; 190:14 wide 126:11 wild 90:8 will 30:10; 52:5; 78:9; ' 101:5; 146:23; 147:4; 148:17; 185:2; 206:23 William 49:23 wills 102:5 wind 28:20; 29:2; 75:11 winding 79:18 Wisconsin 147:22 wise 149:6,8 within 2:18.5; 19:20; 22:4; 54:9; 201:8; 219:4 , without 148:i8 witness 4:9; 10:1; 29:15; 30:1; 34:12, 15; 46:11; 56:9; 59:13; 64:12; 100:18; 102:7 ; 108:4; 114:11; 115:14; 133:17; 140:4; 150:14; 179:14,23; 189:22; 193:6,9; 218:18; 219:9,10.5, 11,12,17.5 wonder 179:5 woodwork 55:5 words 135:7; 145:11 wore 124:19 work 7:1,7,8, 13; 8:7,21, 22; 9:18; 10:3,11; Page 31 11:4; 18:7; 21:1; 22:8; 23:1,6; 25:7; 33:2,5,6; 36:8,19; 44:21; 48:1, 2,12; 49:1; 61:3; 88:15, 19; 102:4; 110:10; 122:19; 123:1; 124:19; 136:18; 147:20; 155:8; 157:8, 15; 161:1; 174:19; 190:18; 191:1; 195:11,12,14, 23; 214:12 workday 136:15 worked 7:11; 8:18; 20: 14; 21: 5; 22: 12; 24: 21; 26 : 8; 33: i; 34: 2; 47: 16; 48 : 10 69: 4; 83: 22; 88: 15, 20; 124 : 15 , 141 : 22 / 152 : 13 7 153 : 19 7 160 : 19 7 175 : 14 7 176 : 11 , 15 7 177 :l, 215': 4 17; ' working 10:18; 15:16,17; 22:18; 32:17, 19; 36:2; 40:23; 45:6; 69:15; 88:13; 39:22 ; 104:9, 12,13,19; 105:16,18; 136:11,16; 140:12; 191:10 works 213:10 worried 141:4; 143:19; 170:5 OO . Q wgiijf oj .o worse 115:5,7, 8 ADAD21-005897 HARTOLDMON0038296 JESSEE.TXT worthy 214:3 wound 80:20; 195:20 Wright 84:3,5, 6,7; 85:8; 110:1218 ; 112:16,20; 119:19; 167:13; 172:11,22; 198:2,5; 209:9; 210:12 Wright's 185:22 write 214:23 writing 147:18; 219:10 written 111:7; 138:17; 146:16; 157:12; 176:22 wrote 58:12; 111:9; 132:23; 137:12; 138:18; 167:13; 185:23 Y y'all 18:2; 23:10; 24:19; 25:7; 40:17, 23; 41:21; 59:14; 61:17; 62:14; 65:20; 74:15; 76:14, 21; 78:17; 85:11,20; 86:4; 91:2; 93:18; 95:4, 13; 114:20; 116:7,13; 117:6; 118:21; 123:11,12,23; 127:10; 131:14; 135:21; 136:1; 149:8, 10,17,23; 150:1,11,15, 22; 151:2,8; 154:2,13; 162:11; 165:17,18; 169:7,10; 172:13,23; 173:16; 182:22; 185:9; 187:21; 188:12 ; 196:6; 197:9; 202:9; 203:8; 207:3; 208:5, 19; 213:6; 216:8; 217:4 y'all's 5:21; 66:14; 145:20; 205:16 yards 44:20 year 6:21; 7:13; 19:14; 20:1; 23:9; 59:19; 62:16, 22; 67:4,16; 216:8,10,19; 217:1 years 8:8,9, 10,12; 11:7; 15:13; 27:9, 11; 50:5,6; 51:2; 53:10; 62:2,3,12; 68:3; 106:19; 216:20; 218:6 yesterday 98:10,11; 99:6; 102:19; 130:10,18; 132:20 yields 50:10 yourself 9:12; 92:16; 97:18; 143:15; 145:23; 146:10,12 yourselves 149:9 [ [A 65:16; 115:15 [Discussion 20:17; 82:2 [Jessee 78:12; 81:13; 98:1; 132:9; 141:13; 155:3; Page 32 ADAD21-005898 HART OLDMON0038297 ADAD21-005899 HARTOLDMON0038298 orvm MSO ADAD21-005900 HARTOLDMON0038299 IN THE UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF ALABAMA EASTERN DIVISION EXHIBIT . ^u JOHN R. SWIFT and BARBARA SWIFT, Plaintiffs, v. MONSANTO CO., INC., et al. Defendants. CIVIL ACTION NO. CV-97-AR-2430-E ' RE-NOTICE OF DEPOSITION AND REQUEST FOR PRODUCTION OF DOCUMENTS TO: Warren B. Lightfoot, Esq. Suzanne Alldredge, Esq. Adam K. Peck, Esq. Lightfoot, Franklin & White, LLC The Clark Building 400 North 20th Street Birmingham, AL 35203 Kriegshauser Reporting & Video 319 North 4th Street, Suite 322 St. Louis, Missouri 63102 Arthur F. Fite, III, Esq. Fite & Miller, LLC P. O. Box 368 Anniston, AL 36202 PLEASE TAKE NOTICE that, beginning at 9:00 a.m., on Thursday, July 8,1999, at the Ritz-Carleton Hotel, 100 Carondelet Plaza, St. Louis, Missouri, the plaintiffs, pursuant to Rule 30 of the Federal Rules of Civil Procedure ("FRCP"), and Rule 30 of the Alabama Rules o Civil Procedure ("ARCP"), will take the deposition ofGENE JESSEE, by oral examination before a court reporter or some other person authorized by law to administer oaths, and this deposition shaii be for the purpose of discovery or for use as evidence in the trial ofthis action, or for both purposes. The ADAD21-005901 HARTOLDMON0038300 deposition will be taken before a notary public, or some other officer authorized by law to administer oaths. You are invited to attend and cross-examine. Pursuant to Federal Rule of Civil Procedure 34, and Alabama Rules of Civil Procedure 26, 30 and 34, the deponent is requested to bring to the deposition the documents requested in Exhibit A attached hereto. DONALD W. STEWART Attorney for Plaintiffs DONALD W. STEWART, P.C. P.O. Box 2274 Anniston Alabama 36202 (256)237-9311 OF COUNSEL: CHRISTOPHER M. HOPKINS, Esq. Attorney for Plaintiffs CAMPBELL & HOPKINS P. O. Box 2003 Anniston, Alabama 36202 (256) 238-8543 2 ADAD21-005902 HARTOLDMON0038301 CERTIFICATE OF SERVICE This is to certify that I have this date served counsel for all parties to this action with a copy of the within and foregoing document by facsimile transmission and/or by depositing same in the United States mail in a properly addressed envelope with adequate postage affixed thereon and addressed as follows: Warren B. Lightfoot, Esq. Suzanne Alldredge, Esq. Adam K. Peck, Esq. Lightfoot, Franklin & White, LLC The Clark Building 400 North 20* Street Birmingham, AL 35203 Arthur F. Fite, m, Esq. Fite & Miller, LLC P. 0. Box 368 Anniston, AL 36202 This the aav of June, 1999. A. yjJ DONALD W. STEWART Attorney for Plaintiffs 4 _ 3 ADAD21-005903 HARTOLDMON0038302 EXHIBIT A For the purpose of this request, the word "documents" shall mean every original and non identical copy ofeach and every paper, writing (including blind copies), statement, bill, sheet, letter, telegraph, teletype, picture, photograph, negative, slide, movie, film, visual or audio-transcription, videotape, report, memorandum, sketch, chart, note (including, but not limited to notes used to prepare any letter, memorandum, report or other document as herein defined), contract agreement, form, expense ledger, check (cancelled or otherwise), check stub, receipt, memorandum oftelephone conversation, witness (including, but not limited to, potential witness) statement, transcript, memorandum pertaining to witness (including, but not limited to, potential witness), interview, sound recordings, sound recording transcription, inter-office and/or inter-company memorandum. engineering study, cross-section, expert analysis, expert opinion, expert summary, computer printout, book ofaccount, evidence of expenses incurred, work memorandum, report of investigation and/or' inspection, file memorandum, bid, request for proposal, record, brochure, book, microfilm proposal exhibit, attachment, draft, certificate, chart, table, price list, paper containing price information, data stored or recorded or in punch cards, computer tapes, disks, reels, other devices for business machines, other means of storing and/or transmitting human intelligence, transcripts, testimony, transcripts of testimony, trial or deposition notes of testimony, affidavits, pleadings, answers to interrogatories, response to request for admission (whether in this process or any other), and printed or readable material. PREFATORY INSTRUCTIONS 1. If an original of a requested document is not located in your home or office, but a legible copy ofthe requested document is located at said home or office or the deponent has access to a legible copy, then the deponent is requested to provide said copy at the deposition. 2. If, in responding to these requests for production ofdocuments, deponent asserts that any document sought by plaintiffs is protected from discovery due to such document's being a privileged communication, then for each such document, deponent is requested to: ' a. Identify the author of the document; b. State the author's present address and telephone number, or, if such information is unknown to deponent, then the author's last known address and telephone number; c. State the date said document was originated; 4 ADAD21 -005904 HARTOLDMON0038303 a. State the location where said document was originated; e. State the present location of said document; f. If the present location of said document is a place other than the location where said document was originated, state every other location where said document has been placed or otherwise located; g. State each date that said document was delivered to and/or otherwise communicated to any person; h. Identify each person to whom said document was addressed and/or sent and/or made available to for review and/or communicated to in any manner, and state said person's present address and telephone number, or, if said address and telephone number are presently unknown to deponent, then state said person's last known address and telephone number; i. Based upon the context of said document, state the purpose, in general, for which said document was originated; j. State the subject matter, in general, of said document; and. k. For each such document, state with specificity the nature of every privilege that deponent asserts rluQg/>aAiru/^i<ung/> nit ui^uvmun )t ui oaiu uutuuitut ouu^mf/VtrrV+ Kl t uy plaintiffs. REQUESTED DOCUMENTS 1. All files in the deponent's possession regarding this matter, to include, but not be limited to, any and all reports, documents, memoranda, photographs, tests, sketches, films, videotapes, diagrams, drawings, appraisals and other items relating or pertaining to, directly or i--n---d---i-r-e---e---t-ljv,t--h---e- ---s--n---h-Jie---r-.-t--m----a---r--i-e- **th'e h~-a--c-^-k----o-- f t*h---is-- --art*i*nvn"' 2. All plans and any other documents that refer or relate to the remediation work done 5 ADAD21-005905 HARTOLDMON0038304 by Monsanto at its Anniston plant during the past four (4) years concerning PCB contamination (the "remediation work"). 3. Ail documents filed with or submitted to any regulatory agency, state or federal, in connection with the remediation work. 4. All documents that refer or relate to testing or sampling done in connection with the remediation work, including, but not limited to, the results of all air, soil and/or water tests or sampling. 5. All documents that refer or relate to the results of all medical tests done on any Monsanto employee or any contractor in any way involved with the remediation work. 6. All material safety data sheets and/or training materials given to anyone involved in the remediation work. 7. All medical reports that relate to any Monsanto employee or any employee of any subcontractor involved in the remediation work. 8. All documents, including, but not limited to, correspondence, notes, records and/or memoranda, that refer or relate to all communications between any Monsanto employee and any official or employee ofthe City of Anniston, Alabama and/or Calhoun County, Alabama, regarding the remediation work. All documents, including, but not limitedA to, correspondence, rni^ottAecs, recordsc saninH/nr memoranda, that refer or relate to communications between Monsanto employees and employees or representatives ofthe Water Works and Sewer Board ofthe City ofAnniston, Alabama, in connection with the remediation work. 10. All documents that refer or relate to every contractor retained by Monsanto in 6 ADAD21-005906 HARTOLDMON0038305 connection with the remediation work. 11. All documents filed by Monsanto with any federal or state public health agency, including, but not limited to, the U. S. Centers for Disease Control, the Agency for Toxic Substances and Disease Registry, and the Alabama Department of Public Health, relating to the remediation work. 12. All documents that refer or relate to every entity that conducted any testing or sampling for Monsanto relating to the remediation work. 13. All documents that refer or relate to every entity involved in the remediation work, including, but not limited to, documents that (1) refer or relate to work to be performed by each such entity, and (2) the individual or individuals who supervised, directed, managed and/or controlled the remediation work. 14. All documents, including, but not limited to, correspondence, notes, memoranda and/or records that refer or relate to all communications between Monsanto and any plaintiff in this r3C# 15. All documents, including, but not limited to, correspondence, notes, memoranda and/or records that refer or relate to ail communications between Monsanto and any plaintiff m this case. 16. All communications, including but not limited to, conversations with the plaintiffs prior to filing ofthis lawsuit. 17. All drafts, addenda, additions and final versions of any report in the defendant(s)' or deponent's possession or control prepared by or sent to the deponent. 18. All documents that refer or relate to oral or written communications between you and 7 ADAD21-005907 HARTOLDMON0038306 any employee ofNfoiisanto Company or Solutia, Inc., or any attorney, regarding this action. 19. All materials furnished to you by a defendant that you reviewed at any time prior to this deposition. 20. All deposition transcripts in the possession or control ofeither the defendant(s) or the deponent of sworn deposition or trial testimony previously given by the deponent. 21. All documents that refer or relate to oral or written communications between you and any employee ofMonsanto Company or Solutia, Inc., or any attorney, regarding this action. ' 22. All documents in your personal file which refer to the property purchase program conducted by Monsanto Company or Solutia, Inc., in connection with the PCB contamination problem at the Anniston plant. 8 ADAD21-005908 HARTOLDMON0038307 Monsanto " --c_ u. "U'.er - Anniston. Alabama K May 7, 1970 *I(CT AROCLOR. POLLUTION AUIC CONTACT TO C. L. Jessee CO J. C. Landvehr H. 1. Will Lams ?. S. Hodges - G.O. W. 5. Papageorge - G.O. F. J. Holnapfel - C.O. J. R. Savage - C.O. E. V. John - G.O. J. H. Crowe - Decacur E. C. Wrighc On May 6, Messers. J. C. Landwehr, E. G. Wrighc and I visieed Mr. J. L. Crockett. Technical Director of che Alabama Wacer Improvement Commission, In Moncgomery. The purpose of che concacc was cvofold; first, to famillarire Mr. Crockncc vich Che sicuacion regarding Aroclor uasces and chelr reported pollution paceneial and, secondly, co build confidence chac Monsanto incends co cooperate with governmental agencies to define che effects of Aroclor on che environment. | i f j j Mr. Crockett and che AWtC staff vere totally unaware of* che published information concerning Aroclors. Copies of che most pertinent articles describing Che situation along with Mr. Mtnckler's statements were provided for his use. Additional information supplied covered che following facts: 1) Monsanto Is currently investigating independently and in cooperation with governmental agent: che potential ecological effects of Aroclors. 2} Investigation and research programs are underway at Anniston co Identify, quantify and develop techniques vhich would control product losses to che environment. 3) Any Aroclors reaching Che watershed from the Anniston plant vere entering Snow Creek. 4) The produc tion process was described in general decail co poine out that wacer was not esa.encial Co production of Aroclors, and wasce wacer was produced only by 'oclliary equipment such as steam jets, etc. . ; , * . Mr. Crockett was sasc appreciative of Monsanco's approach to che problem and the fact chac Monsanto came to him. He alluded chat our action would produce a situation chac was beneficial co the protection of both che Monsanto and AWIC positions. Els recommendations were as follows: ' 1. Supply che AWTC with a general process description detailing potential lots sources. 2. Conclnua Co develop Information and as major items develop Lnform Che-- AWTC. 3. Civa no statements or publications which would bring che sicuacion co the public's attention. ' ' 4. Tf approached by news media, either che AWTC or Monsanco is free to state ch_c Che situation is under stud/ by che staff of AWIC ac che direction of che Technical Director, Mr. Crockett. 5. If in che future, information is developed indicating chac Aroclors a.e detrimental to watersheds, Monsanto will be required to secure a pem.c from AWIC co allow cercatn maximum quantities of chlorinated biphenyl to enter Snnv Grech. QSW 014098 ADAD21-005909 HARTOLDMON0038308 C. 1. Jeaaae -2- May 7. 1970 In auaonary. Hr. Crockett vat noticeably unexcited at our disclosure and all hit remarks were directed toward a careful evaluation followed by actions as required by data. The full cooperation of the AU'IC to reach eha above objective on a confidential basis can be anticipated. It oust be rnaettbered, however, that all AWIC actions arc* subject to state . political pressure and federal control. /Vs MOHS 099534 ADAD21-005910 HARTOLDMON0038309 'V Monsanto ..... . St. Louis - Oer.sral Offices August 7, 1970 ------ ANNISTON - PCS - CLEANUP PROGRAM "******* * T Mr. H. S. Bergen, Jr. - EBERO ( <SZT exhtott I ~r i John Mason E. P. Wheeler w` - yaweorxe F. J. Holzupfel D. 3. Hosmer j. h. Savage 0. L. Jessee J. C. Landvehr JMASO EWHEE FHOLZ - DHOSM - JSAVA - Anniston Anniston CONFIDENTIAL - ?. Y. I. AND DESTROY Following arts the moves underway resulting from the FDA findings of high levels of PCB in fish taken from Choecolocco Creek down stream from it's confluence with Snow Creek. STATUS (1) We are presently discharging to Snow Creek about l6#/day of PCS (down from 25C#/day in '69). Measurements of departmental, waste streams show a total loss of only 2#/day. The discrepancy Is believed due to; (a) sampling problems in departmental waste atreama where two-phase systems of water and free aroclors may be present, and (b) possible pickup of PCB by leaching previously deposited PCB from the limestone neutralization pit which also acts as a settling basin. (2) Work to further reduce losses presently underway: a) Sump is being Installed at the aroclor department to cap ture free aroclors from the 275 SP flow. This is believed to be the largest departmental source of sewer loss because of the liquid aroclors frequently observed. However, sampling work did not confirm the belief because, no doubt, of Inherent sampling problems. The project was due for completion on 9/1, and had been delayed because of an underground spring. ' b) Curbing is being Installed at drum loading area with dry pick up of spilled aroclors planned. c) Investigation of trsatment methods - adsorption by acti vated carbon showing most promise to date. (3) Joe Crockett, Secretary of the Alabama Water Improvement Commission, will try to handle the problem quietly without release of the Information to the public at this time. He believes that FDA will net precipitately in this matter (he did not advise how FWQA might react).' Dr. Myers, Director of public Health of Alabama, wants toxclty information on PCB's and this will be conveyed per sonally to him by Jack Garrett- next week. PLAINTIFF'S^ HONS 033851 ADAD21-005911 HARTOLDMON0038310 H. S. Bergen, Jr August 7, 1970 Pago 2 PROGRAM (A) Public Relations - E. V. John developed a proposed state ment to be used in event of publio disclosure but, after consul tation with Legal, felt it should not be used because of the recent lawsuit instituted against the plant by BASS. Therefore, an Innocuous, essentially "no coiment" type statement is being drafted. (B) Operator Education - All Anniston personnel have been read vised of the necessity to avoid sewering of any aroclor. . (C) Mechanical Program (1) Departmental Sump - at extra cost of $2,000, work is proceeding on an overtime b&sla with completion expected 8/12/70. This win eliminate the possibility of large los ses from the operating area. ' ' (2) Loading Area - Vashup of apllled aroclor has been stopped and dry pick via sand Instituted. Curbing project is being expedited. (3) Neutralization Pit Clean out (a) Immediately, the settled material downstream of the limestone will be removed as well as possible by pumping, with minimum stirring of the water. The solids (and aroclors) will be landfilled. (b) By-Pasa of Neutralization pt. - CR crash basis, trenches will be dug to allow diversion of all water from the limestone pit. This will take 1-2 weeks and will cost about $10,000. In addition, it will be necessary to provide caustic neutralization of the acid wastes. This will be handled in the aroclor department via Installation of a pH con troller and valve with temporary piping and trucking facilities. Cost will be about $5,000 plus about $500 per day for caustic during the period when, the alternate neutralization is required. During this period, PCB losses should be no more than 5 ~ 10 lbs./day. ... . *,JUC. -a* "- HONS 033852 ADAD21-005912 HARTOLDMONOQ38311 H. S. 3ergsn, Jr. August 7, 1970 Paje 3 (c) Cleanout - The pit will be thoroughly cleaned out with probable removal of the present deteriorated asphalt membrane and replacement (possibly) by a plas tic membrane which can resist aroelore. The plant will consider possible structural changes to permit more affective operation and ability to make future cleanouts without the present by-pass steps. Recommendations reli atlve to this will follow. ' (k) Water Plow Reduction - Present total flow through pit is 700 gpm. Por at least several of the streams, reduction of flow will result in immediate reduction of PC3 to Snow Creek. More Important, reduction of flow will minimize future treat ment costs. In conjunction with the pit by-pass work in 3(a) above, approx imately 200 gpm of aroclor free water will be permanently diver ted. Included In the first reduction are the chlorlnator cool ing atreama and moat of the water coming from the Nlran flare tower. Details of how this will be accomplished will be avail able by 8/14/70. Over the next 3-4 months, further water conservation projects will be installed with objective of reducing the stream to the lowest practical amount, now estimated to be about 300 - 4oo gpm. The projects will involve multiple use of water and fur ther diversions of aroclor - free water, (5) Pinal Treatment - Baaed on some Indications ( and much hope), by September, the actions above may approach the present plant objective of 10 ppb of PCB's in TOO gpm (or 0.1 #/day). The hope la raised because dissolved aroclor has shown a pronounced affinity for surface adsorption (as on walla of sample bottles). The sollda generated by the limestone neutralization are believed to retain aroclor passing by them. Therefore, adequate settling and/or filtration following neutralization with periodic removal of the solids may accomplish the necessary treatment (along with water flow reduction). The plant will proceed on preliminary design of filtration facilities with and without carbon treatment between neutralization and filtration, tfhe design will be avail able for action In case the reduction Is not as great as hopedfor or In case the control agencies demand more complete removal (control agency requlreoenta are a completely unknown factor at present). By the time a decision must be made relative to final treatment, we-should have better information on requirements and methods. MOWS 033853 ADAD21-005913 HARTOLDMON0038312 t H _ s. Bergen, Jr. August 7. 1970 Page 4 ` (D)Plsh, Hud snd VAtr Sampling - Sines our fish samples from nearby Choccolocco Creek Also showed high levels of PCB's, we are institu ting more sampling to determine extent of the problem. Early during the week of .8/10, legal size fish will be caught In Choccolocco Creek near to confluence with the Coosa River (Logan Martin Lake}. Pish will also be taken from the lake. If these samples show high (-**5.0 ppm) levels of PCS, sailing will be extended to polnte down the Coosa River. A high priority will be given these samples by Scott Tucker. Progress reports will follow at suitable Intervals. Paul B. Hodges /np HONS 033354 ADAD21-005914 HARTOLDMONOQ38313 OBJECTIVE: To report aLL cat.* which is available Co data on Aroclor Losses in che Anniseon Plane. Also, co report all data on Aroclor residues in che Snow Creek - Choccolocco Creek l-'a ctrshod. To summarize ocogress co dace on Aroclor clezn-uc efforts ac Anniseon. PERSONNEL: REPORTED BY: SUMMARY: FUTURE WORK E. C. Wright, (J. T. 3elU E. G. Wright A.roclor losses from ehe Anniscor Plane for che period April 15 through June 30, 1970, averaged *16 Lbs./day. This is a considerable icpro%`em*r.e over che losses of ^250 lbs./day for a comparable period during 1969. This reduction has been primarily achieved by an education program and by changing operating habits. - However, projects are being inscalLcd an.-, evaluated which will further reduce these losses coward che Business Croup goal of 10 ppb. 1. Continue sampling and analyzing for Aroclor losses on a routine basts. .2 Continue to sample and analyze grab samples from Snow and Choccoloctr Creeks for Aroclor contenc. 3. Sample and analyze ambient air for Aroclor eontent. 4. Sample and analyze tank vents In^chc Aroclor department co pinpoint csvvaph%?Los* poincs . 5. Collect additional aquae ic samples l.*nm Choccolocco Creek Lat^ershw--. 6. Issue periodical rcporcs on Anniston Plant losses and progress rowar- 10 ppb goal. nc u n l o on o E. C. Wrighc /bs ADAD21-005915 HARTOLDMONOQ38314 Anuis ten :r.c Progress .leracc v'COZ -'.OzS (2'j Dr.i'CV3i:n:i l. vent s<we:s A. S ir.c e the installation of a catch tank in the HC1 gas line and a co a 1 escer in the acid scream, che Aroclor content in the waste * & c scream has been greatly reduced (i.e., Approximatcly ZOO peur c: o rganic mactrial to being removed by these cwo projects.). Du: che sampling period, this sever averaged 13.0 ppb of Aroclor. (a: Data Sheec I.) Sased on this data, che decision vas evade not co : cute this stream co che sump presently being installed. This, resulted in a bstancial savings on installing che sump. However, at tir.es,' spen C carbon from the ECl carbon covers is dumped inco this sever, A Leo mate mechoda are being evaluated co eliminate chis situation. 8. Chlrrimcer and Still Scon Severs . Ac times these severs had a two phase flow. The quancicy of Che Aroclor phase could not be determined. However, these two severs are being routed through che Aroclor sump. Wien che sump Is completed and put inco operation, che Aroclor phase can chen be quantified. The sump will, also, provide a means for recovering chis second phrsc, which under present conditions eventually makes ics way ouc of Che plane. When che sump Ls Installed la these severs, a daily sample will be taken and analyzed co determine che efficiency of che sump. Ocher projects are also scheduled which ahould resuLc In a reduction of Aroclor in chis process scream. C. Warehouse Sever the major losses from this sever sre due Co spills while drumming cr flaking. These spills are then swept co che sever during floor clean up. Presently, clean-up la accomplished by use of Du-Bois sceam cleaning which considerably raised che solubility of Aroclor in water. Alternate methods of clean-up end disposal are presently being evaluated. D. Total Plant Effluent During che period April 13 to June 30, 1970, che total plane losses averaged TC lbs./day. This is excluding che period April 21 to June 20, 1970, when the acid neutralization pit was being cleaned cut. During chis period, che losses ran very high (See Data Sheet V.) due to che fact chat the Aroclor which was crapped In the pit was beir.g scirrcd and cncrained inco che plant effluent. The jisertptr.e- b:7.:tern the 1.7 lbs./dn" leetes farm the revere an. the 16 ths./day losses reported from che plant effluent may possibly be eue to cvc things: l) Samples from the sewers did noc Include any of ch? Aroclor phase and 2) Due co the mixing and che velocicy at che plant effluent sampler, some of the Aroclor was being entrained and there.ore OSW 013203 ADAD21-005916 HARTOLDMONOQ38315 giving higher results, A closer eurrelacisn is hcrac ::: ::hsn ar. accurate net sure cC che Aroclor phase can be acce:.:;> l ishsa. C'.cse case ovation of the jump should provide this in fo r"s c re a. Z. h isce'.'.areo-es Sarr-les (Data Sheer VII) These samples ware collected from Snow and Onoccolocao Creeks at varrsus rimes. ir.ey shsu chac Aroclers ore present in she Choccolocca Creek even above where che housanco effluent oncers the creek. They also indicace significant amounts of Aroclor in che mud ar.d wacer of Choccolocco and Snow Creeks a considerable discs.-.ae (15-20 miles) dounscrcam from che Anniscon ?lanc. In face, Arcelor conceneracions can probably be found m chc Coosa f.ever system. Daca Sheer VTI ccr.cains a complece lisc of all che daca co dace on Snow and Choccolocca Creeks. Accached is a map of che wacershed shewing che csn'ple location wich respect co che plane. COMPANY CONFIDENTIAL OSH 013204 ADAD21-005917 HARTOLDMON0038316 DATA Ca.riT y TJ - Sc . Da :i 1 10-S -69 Si.--D 1 a Location Snow Creek j: Clenaddle Aroclcr Concer. era c ten (??3) Mud i:t-r 2.36 x IQ7 23.3 2 10-8-69 Choccc'.oceo Creek ac Bolling Springs (upscrcara from Monsanto'a effluenc) 78 3 10-3-69 Choccolocco Creek ac Cicy Treatment Plane (1 block below confluence of Snov and . Choccolocco Creeks) 738,000 < 4 10-3-69 Choccolocco Creek at Jackson Shoals (~20 miles downstream) 7 ,300 5 10-8-69 Choccolocco Creek ac Eureka Bridge ( = 23 miles downstream, mouth of Choccolocco into Coosa River) 6 11-23-69 Snow Creek 1 block belov plant 3,240 2.19 x 106 7 11-23-69 Sncu.Creek at Clenaddle 1.84 x 106 8 11-23-69 Choccolocco Creek ac Highway 9 . ( = 13 miles upstream from Che . confluence of Snow and Choccolocco Creeks) 9 11-23-69 Choccolocco Creek at Bolling Springs (upstream from Monsanto'I affluent) 10 11-23-69 Choccolocco Creek at CIC7 Treatment Plant (1 block below confluence of Snow and Choccolocco Creeks) 11 11-23-69 Choccolocco Creek at Jackson Shoals ( -- 20 miles downstream) . 1,336 . 26 470 2*1 < 1.0 5.8 < 2.0 20,300 1,435 1L 10 53 10 COMPAQ r CONflDtNTlAV ADAD21-005918 HARTOLDMONOQ38317 ADAD21-005919 HARTOLDMONOQ38318 Monsanto U r.rK>M - -jrr SepCeober 20. 1976 Ann licon F Ish Survey -PCB Residue Analysis of Edible Portion* E . E. Sc ever: COMP a * Y Z0ST l 0l Ai H. . Horner K. !. SchuCienhofer The results of our deEsrsIn*C1 on of PCS residues In the edible portions (fillet) of tv f 1 s h f roe the Anniston survey ere attached. The saeplea vere single specimens of block crspple, sbout ` 5-6 Inches In length, not selected for the Inltlel survey snslyse*. H, L. Ceepbell OSU 020609 ^roLDMONoomfs '/J / <-" // S // 7 c___/ . ,, y^OU^ yTeL^yJ^&s- - ,, _ /-/J-7y -3 / '-JZZjyL '/Cr-t ( / yL^C^y$gu, . . .. , ,. - - r: 7?U^M 7 3 >"/>7 /a i j- / /OX r/7n /X> IdL-f. /v^7 /./7//-n TJZtc/>ca\ 05W 020610 ADAD21-005921 HARTOLDMON0038320 k. FAPAGEORGE ' ?-*/ P7 fJrUtpfrt. fi* //j pt, 1- i rcV'1 p'-** P V OSW 013389 ADAD21-005922 HARTOLDMONOQ38321 Mcn:an*c ..a. ........ .. E. G. Wright - Anniston September 7, 1971 weilCV TO P.C.B. RESIDUE OATA FROM JU.*!E FISH COLLECTION AND AN INTERIM REPORT FROM THE CONSULTANTS (Ors. Gunning and Suttkus) *c; J. L. Corder G. L. Jessee VP. 8. Hodges - G.Q. *W. B. Papageorge - G.O. J. T. Sell J. C. Landwehr Attached is a copy of the residue data which was gathered from the June fish collection. This data has been sent to the consultants for their comparison with the previous data. Also attached is a copy of an interim report which we received from Ors. Gunning and Suttkus. Since this re port is from only two sets of residue data (December 1970 and March 1971), only two conclusions can be drawn. These conclusions are (1) Monsanto has an excellent ana lytical method and (2) there has been no significant re duction in P.C.B. concentration between the experimental fish and the controls. If you have questions concerning these items, please contact me. /dp Att. 2 E. G. Wright f OSW 013390 ADAD21-005923 HARTOLDMON0038322 SiOUOGiQ-AL CONSULTANTS Water Pollution Water Quciirj - Stopped Sunejs Fisherj Biolog ROTAW 0. SUTTKU*. O. wySf IT* ICT NC QUCAH. WOUISUMA TOU MONt 10*4101 . C(*AC9 C. Cy*M|ae Rw Q J0 4TW t**CtT (TAiic. louisia.na react PMOMC: 93>4I7 Insist 15, 1971 Mr. Eugene Vright PoXXlS^^CS Cs&^ToX SlJ--J102T " Monsanto Campsny Technical Services Department Anniston, Alabama 36201 ' - D64T Vj^4 r>vfr t la vo stated to you in Innlaton tone veeks ago, ve hare vorked up the P.C.3. residue data as ve hare received then from you and intended to report on thea formally at the end of the first year Of OUT1 0LLTVmT Qf CtlQC CO2.0CCO t-h m fty>4t Tw4 Vnt Eovorer, considering the unfa-rorahl# publicity Monsanto Company recently received as a result of the congressional sub-cocnittee report, ve felt it laperxtiTe that ve auhcdt an intaria report to* Monsanto Coupany at this time In order to lasers that both parties (Monsanto and Mosultants) say Isov vhere ve presently stand vith regard to the P.C.B. residue malysee. . First, ve hare spent a great deal of tine in deciding vfcat comparisons vill be sort eeaningful to us in looking at the total residue d a-raii hl m_ Tt is our opinion that strict statistical applications are cot feasible, or indeed even applicable, because of the tremendous, masher of variables that earns into play vith the residue analyses. Eavervr, sons broad comparisons can be made vithln the confines of the data and these breed comparisons can be supported by other datarviaa'tiens nd int,pr--m rm* that are indeed Justifiahle. Analysis I We vill refer to this analysis as a paired-value analysis for vet wight JLrod^e 19d. The *'....^f paired values is free one quarter * to tha next Immediate quarter, all fish species combined. Specifically, w tre'oamparing December, 1970 vith March, -1971. COTTBOLS--67J of paired values decreased (12 of IS determinations). V i 'ptth TtfTVv * r g _. ceJ? paired values p * * --s (5 of 10 determinations). Since control station# are those stations vherein the fishes present could not receive P.C.B's due to location vith respect to vater currents \4iich could potentially carry P.C.B's, thm experimental stations are those vherein This CwMwsriiun &uca that tie rishaa in the experiments t area do nou snov a corresponding dscrease in P.C.H. residua levels (as JLroclor 1251*) compared vith the controls. There is a 17X difference. OSU 013391 ADAD21-005924 HARTOLDMON0038323 Rqto. SgTTKUS. Pw. 0. Tsat ww** trnttr ,,* AlvfAlia, LdU! glAMA 7ai Cc**cfl C. CUONIAC. jao a9tm iractT Q M(TA<IC. LfiUI9(AMA 70401 twoftfc taa-4107 Page 2 of Interim Report V Boat conclude then for Analysis I that no improvement la fish residue lavels, ll rpedea combined, 1* indicated. ' Analysis H The comparison is the ease as for Analysis X ezeept that lipid vnluas for Aroclor 125h *r used. Again, all fish species vers cabined. ojJThOLS--SOi of paired values decreased (11 of 22 determinations). KIPERIHEUTilS--30Jf of paired rslues decreased (3 of 10 dataminatlone). In this second analysis ve see again that the fishes In the experimental area (subjected to P.C.B. residues) do nob show a corresponding decrease In P.C.B. residue lerels (as Arcelor 125U, lipid fraction) compared with the controls. There is a 20< differwee (compared with ITS for Analysis I). The first two analyses are Indicative of the fact that the handling of the samples and subsequent analysis for P.C.B. residues hare been successful and .indeed rcpetltlTe when the vet weight and lipid fraction values for Arodor 12$2i are canpared. This is of course what we would hope for. However, the results are not good since both analyses show us that Aroclor 12$2i residues have not decreased as ve bad hoped they would. Considering the residual nature of P.C.B1 s we were oartainly optimistic to esy the least. Analysis iux Ve Bade a tingle species analysis for each of five fish specie*! 1. bluegill, 2. bladctail shiner, 3. rtcneroller, It. longear sunfiah, snd $. bass. In each Instance the resides levels were higher in the experimental area than in the control area. Ve must wait for further data for the final six month a of the first year of the rq-vey to see if this trmd Is overturned. At this point we would have to say that the'data are detrimental to Kcnsanto* Analysis 17 A statioa-to-etation comparison was between successive stations aaong the 10 stations ve had realdue data for. Stations 6, 7, 8, and 10 (7 1* Ksrtha VUliaas, 8 is Highway 93, and. 10 Is Highway 77 for orientation) had the highest residue values for the fishes we studied. ` This is, of course, logical and to be expected when ve consider the location of these stations with respect to the plant. In the future we must be able to demonstrate considerable decreases In residue levels her.e if we are to show environmental improvement. ' OSU 013392 ADAD21-005925 HARTOLDMON0038324 BIOLOGICAL CONSULTANTS W&zrr PoUur.an * Xyster Qucforj * Biakpcrl Sur\*}j * FisArrj Bioiojj RqTAI O. SuTTKU*. lit* u*r st*((t 0. ,,CW OLUM. (.OUIIIANA TOM* PNOMC- CtVACd C Cu*i|*c Pm O lio 4ITM tracer MCTAiaiK. LOUIK1AM4 Mexti n.4iiT . Page 3 of Interim Report Our field observation! over the peat few jeers end continuing up until the js'essit tins show that the greatest nmsher of deformed fishes haye been foimd at Marth VUliaras (Station 7) and atationa immediately below 7. Ve also aee the greatest nunber of fishes that are either side or listless in these areas. Of course rlsual observations won't tall us what caused these fishes to become deformed or sick but we must consider the total observations as i crude indication that something is indeed wrong in these areas. In stannary, there is nothing ve can do with the residua data at this point that would allow Monsanto to counteract the unfavorable public opinion that may result from ths congressional sub-consittee report (which ve have not seen). Perhaps the Jens, 1971 data will ahow a decrease that is not apparent at this point--we can only hope that this will be the esse. Let us point out ons additional aspect of the problem that might allow Monsanto Company to derive sons favorable publicity. It is our impression that vpur plant data will shew that ths plant affluent has been cleaned up tremendously and that on a pound for pound basis you are putting very little residue into Choccoloeco Creek at the present time in comparison with past years. Certainly you would not want to give the figures in a news release, but would it not be helpful to state categorically that the effluent is relatively dean at the present time? Ve fully realise that Monsanto Company officials are in a better position to judge the merits of such a release than ve are. It is simply passed along for what it is worth. Ve are very sorry that we can't paint a brighter picture at the present time. However, ve all teow that we have to study these situations carefully and that ve must be able to doc-seat any diins of environmental improvement before they are released for publie consumption. If you have any questions *out this interim report, please let us hear fJna you. Royal D. 3xttkus, Fh.D. in Gerald 5. Gunning, Th.S- DSW 013393 ADAD21-005926 HART OLDMON0038325 OSW 0 1 3 3 9 4 :: : ' i v* *! y i r i i11 -Si/ ? 'i T^1TTTTT^t-, .-5z.'*'j`C iif-iy w w Y 'iii'N' .#$ t ,, ' W *. J Wl > 1 13 . 1 J .ThTJiT i j11 -411 ?-Ti - C|. v *2 1 v* lj* -* f1 1 4^i * W 1[i*'wt =sh r*i~ li\ A /I w w .*<* ii * 4 , * :1-.*1i, m\M!!:! ^ 1 ij X Q ;!i/ VNa*<M14 W - I/*1 A /r s3 ^ . >-:.iz. Ts'-1:1 _=: --i:-l11! s. *J- 1 1 ** 1 u!-!r iS'l 3lisii:?j:ll:il2|::| A I Hi !li! ifiJfisf u!=l1 l*!i( XU \ 1 - 1: w-r, *-T!ji. /i\\ !Kt l/\j-,i-\\\ / c,\ /k!\ //I jin iiixixtxhtixiiijxixi y ^Hill:!!/ 'ii \n Vi W hi !i\ A /y *4* <4 V7- NA/K/1 =iy v n 'i/y VI*! * \n iri V |=m I i ::. ;| :L c:s % i5 ! M i: :* i !V- z lj U\ b U j !.:*: '* 1. : j":; : !: sr; :? = ADAD21-005927 HARTOLDMON0038326 Monsanto .^..-PauI 3> Hod-e3 - gt. Louis *r September 18, 1970 TO Tobv Bell - Anr-iaton C ONFTDSXTXAL J. H. Savage - JSAVA V. S. Papageorge - VPAPA D. 3. aosmer - DKOSM G. L. Jessee ~ Anniston G. Hiller - Anniston J. Lar.dwehr - Anniston rJ. L. Carder - Anniston Cf | l EXHIBIT Legal, et al, we requested latest emissions data on the flow to Snow Creeic. Ve had hoped that It might'show an Improvement over the 1st week In September and thus demonstrate a favorable trend to Crockett. Instead, the emissions are considerably increased with 9/13/70 at 6.25 PP (r about 80 lbs. of PCB for the day). Prom the Legal standpoint, there Is extreme reluctance to report even the relatively low emission figures because the Information could be subpoenaed and used against us in legal actions. Obviously, having to report these gross losses multiplies, enormously, our problems because the figures would appear to Indicate lack of control. Realizing the extreme efforts the plant has gone to in order to curtail loes of rC3!s, Is there anything more that can be done to get the losses down? Is there a possibility that sampling practiaes are responsible for the wide variations shown (you might try duplicate efflu ent samplers)? Are there any practises In the manufac turing area which might result In the peak losses? Obviously, we oannot solve the problems from St. Louis but we do want to engshaslza the concern from here. Paul B. Hodges /np DSW 014095 ADAD21-005928 HARTOLDMON0038327 i .OflSafltG CCNF'-OiNTiAC Lar.dvehr - Annis^sn ? line ) /. W,4C* October 26, 13*0 TO : C. C.. lessee I. 1. M. 3. ?. 3. J. RJ. 7. Carter Papagecrge - C. Hedges - z. Z. Savage - C. - Sell 2. E. 0. Wrists, J. T. Bell and J. C. Landwe.hr net with J. 1. Crockett. Technical Staff Oirector of the Alabama Mater Improvement Cc--isi rr. Fricay, -etcher 23, 1970. ' Mr. Crockett was "very well satisfied with progress at Anniston on the ?C3 problem" and could suggest no areas of further work which were .tot already receiving our attention. ' i *i o. V u i Since he insisted again on knowing what effluent levels were, we verbally informed him that we were presently discharging total Aroclors in the ran of 1-5 lbs./day with the latest trend being toward the 1 lb./day end of t range. To his cuestion on past discharges, we informed him that current discharges were down from recent past ranges by i/S to 1/LC. but cualifie this answer that high recent past numbers were a result of higher water e flow and high solids content in the old limestone neutralization pit. In conjunction with this information, a lengthy discussion of the technical complexity of Arcelor or PCS numbers resulted in hr. Crockett's agreeing that any written effluent level reports would be held confidential by the Technical Staff and would not be available to the public until or unless Monsanto released it. Mr. Crockett also changed his past position from wanting a weekly report to accepting a monthly report of 24 hour cmculative effluent sample results. The initial report and transmittal letter is attached. The second report will rover October 21 through 31, and all reports thereafter will cover whole months. The Progress Report on Abatement of Polychlorinated Sicher.vl Oischarre to . Snow Creek was discussed in detail with Mr. Crockett with use of slides shew ing construction of stems and new limestone pit, etc. - .Hr. Crockett requested that a section be added to the report briefly discussing the process and the role of v&xlcus discharge devices Otherwise, hs was S 3. C1S _ i i- with oux proposed report. The reouested addition will be made and plans are_^to transmit the report to Mr. Crockett the week of October 2S. *' Numerous ocher related matters were discussed with Mr. Crockett during the six Hqmj h jje :kd Attachmen \ C. tandwehi ------ 00NF1DENTTAC 03 W 0 L3988 ADAD21-005929 HARTOLDMON0038328 *n DATS 9/13/70 9/19 9/20 J/ ** 9/22 9/2 3 9/24 9/25 9/2S 9/27 9/23 9/29 9/30 10/1 10/2 10/3 10/4 PLANT f. CONFIDENTIAL' MONSANTO COMPANY WN iSTCN , A1A3 AMA A3CCL0P. 1242 ; 125* (PPM) .350 .250 .230 .112 .034 ` .073 .007 .014 No Sample Ho Sample .006 .040 .017 .032 .051 060 . OATr 10/5 10/6 10/7 10/9 10/10 10/11 10/12 10/13 10/14 10/1S 10/16 10/17 10/13 10/19 10/20 (??".) .125 .201 . 160 . 008 No Sample No Sample .064 .094 .052 .074 .138 .127 .062 .056 ' .062 `. .3 34 Ii n I \m 1 III CONFIDENTIAL OSW 013989 ADAD21-005930 HARTOLDMON0038329 Ann is Ion J. T. Ball j. L- Cardar G. L. Jesaee J. C. Landwehr H. E. Schulte \ *r '^General Offices \ 0. Oanna (1) B. Hodges B. Papageorge J. R. Savaga nftlurfiifr Anniston Plant TE CHNICAL SERVICES DEPARTMEN' MONTHLY REPORT Summary 70 COMPIDOtTIAi. Bead and Destroy J7TaJ Pi South Second St. Other Locations P. Macdonald Newport . B. v. Corlew w.S.I. Aroelor locoes during Noveofcer averaged 25 t/day (4620 ppb). high velum accounted for 18 /day, neglecting thia the November average would bo 7 t/day (1410 ppb). Based on ^s*?lo^?o of plant operationa aad performance of abatement davleoo la November, much of tba high level data la due to staple contentnation. Spills Mlaor leaks ears contained by use of saad aad disposal la drums. No spills occurred. Projects and evaluations laboratory work to data indicates the presence of minimalasetstts of PCS In the residue free Solid Xrodor distilla tion (Nootar S). Thia eliminates 10 H pounds per year or aolld vestas fro* our P<3 disposal plaa. .2 Design work to collect spent carbon fro* HC1 carbon towers has besa deferred to early 1971 to accomplish the No. 1 HQ Mjseatooe Pit rebuild. ' Solids removal fro* plant effluent (part of program to reduce PO In plaat effluent to 10 ppb) la eoving for ward with preliminary screening testa at Denver Equipment Company aad Bets Laboratories indicating good to aoderate success with flocculation aad settling. Further labora tory taating is schaduled for early December. A project haa been written, design la underway aad equipment oedifieatloaa under study working with Monsanto BIodize to set ua one of their clarifiers at Anniston for pilot scale 03W uiivi./ ADAD21-005931 HARTOLDMON0038330 AROCLOR WASTES Projects and Evaluations - continued 2. tasting of the apparent beet techniques recossaended by Denver and/or Betz. 4. A successful test was made of reaoval of limestone inarts from che *2 HC1 neutralisation pit while in operation. A total weight of 127.000 pounds was raaoved of which 36% by weight was solids. Lab analysis of the total material revealed more than 100,000 ppb Aroclor or 12 to IS pounds of Aroclor. Present indications are that this method of removal of solids while the pit is in operation will increase the effi cient life of tile pit by 2S per cent. . . 5. A mechanical expense project for repair of the Ho. 1 HC1 neutralization pic was written and approved. This project will be coordinated with the Miran pic project to apply on asphalt lining at the same time, to save money on materials. :kd t DSU 013918 ADAD21-005932 HART OLDMON0038331 Monsanto t*M \ *( LOC. Att : M4tCT e<- </<y Ann is con, Alabama November 30, 1970 DITCH WATTS. SAMPLES ' TO ALL AR0CL0R PAOCAGING PERSONNEL f-'j/ ZZl-^Z. J. T. Bell Hal Brazelton J. L. Corder C. L. Jessee T. E. Lackey J. C. Landvehr X _ . Ml! t\A y H. E. Schulte E. C. Wright r rT EXHIBIT With Che present emphasis on pollution control It Is necessary that ve be able to know what the Aroclor losses from our plant are EVERY DAY. These results are reported to the State of Alabama Water ' Improvement Commission each month. We cannot miss samples and only supply excuses such as: I vas too busy, the pump was broken, or the sampler was frozen. I can assure you that our number one job Is to keep the samplers running and collect the best possible sample for analysis. During the past several months the Importance of ditch water samples has grown from something we want to know to something we must know Co stay in business. To help in keeping the samplers on line we are Caking the following actions. 1. A light is being put into each sample box to supply heat and to as i.ndicac ( ft f uVl T Kay* p fttj y h ft hK* Knv 2. A supply of tubing and tubing connectors will be kept in the lockers for day to day replacement as required. The chief will be responsible along with Che foreman to maintain this stock. 3. Spare samplers are available and at least one, preferably two, will be kept ready for use at all times. These will be kept by the chief. When no apart is available the foreman will secure one on the day when the last spare is placed in service. 4. If It Is "impossible" to sample all designated points, then my written approval will be required to leave a station without a sampler in WORKING ORDER and WORKING. I am sure wc can get the Job done every day if: (1) We realize the importance of the samples, snd ADAD21-005933 HARTOLDMON0038332 V. B. Pap&george - St. Louis Deceaber 7, 1970 J. m Savage J. Mason S. Bergen F. Bolzapfel Q. BratscB KHDTOtRJCH 0. Jesaee UDJlSWlf 11 C. B. Sheam - H^WPORT F.J.A. Karsh - BHU&Sgy-q One vary ljg>ortant objective of our PC8 environmental control program was to control the losses of PCS in our plants to achieve a aaxlcua of 50 ppb In the waste water effluent by 1*1-71 and 10 ppb by 9-1-71. ' IXirlng the month of Septeober, Vewport reported an average of 246 ppb. During Boveaber Anniston re- ?orted 1410 ppb and the Eruamrlch Plant reported 95 ppb. Because of the seriousness of the PCS problem this level of perfornanee cannot be allowed to continue. Z do not reeall that any of the plants have been denied a resource they requested to achieve the stated objectives. - Ve do not have the luxury of vnllalted tine to conbat this problem, tbat do we need to reduce losses quickly? V. B. PAPA0SDAQS 0S 0l3Ua ADAD21-005934 HART OLDMON0038333 Anniston j. T. Bell J. L. Cordr C. L. Jesses J. C. Ltndwehr H. E. Schulte Ganeral Offices D. Oanna (1) P. 8. Hodges w. B. Papageorge J. A. Savaga South Second St. Other local ions \r \ Macdonald Hevpert W. Corlaw M.C.K. Anniston Plant TECHNICAL SERVICES DEPARTMENT MONTHLY REPORT y mmnfv cec 70 cowi cchtial teid and Destroy Currant Laval AHOCLQR WASTES Aroclor loaeas during Dae avaragad X.S Xba./day. {321 ppb). The breakdown of the ntatoers las ' 26 Day average 2 Day piping froa old Liaaataoe Pit 182 ppb 39 0.8 lba./day 0.2 1 Day detergent waah of Aroclor dept. 58 0.3 i 2 Day raaoval collected PCI s aolide in firat part of new Limestone Pit . 42 0.2 Total average i 321 ppb 1.5 lba./day ft* thia it ia obrlouf that can no longer, detergent waah tha Aroclor department. Khan tha second Linas tone Pit is collated; tha losses fros digging and ptsaping ahouia &e eliminated. Two pita will allow switching to a claan pit dien one becomes saturated with PCS MAIi Shutting tha Aroclor department down for tha Haw Years Day holiday caused tha Tha rainol aya tea aurga tank to overflow whan a valve leaked. Tha Therainol was caught in tha department auap and no Therainol entered the plant effluent. OSW 013679 ADAD21-005935 HARTOLDMON0038334 *"N 2. Project* and Evaluations 1. Supplied information to R. T. Seifert of CXD covering solids containing PCS generated at Anniston for uae in evaluation of PCB/aolids incinerator tentatively located at WGK. .2 Laboratory teeta conducted by Sets Laboratory representative in our Ann i a ton laboratories indicates that Bentonite Clay and fjf Betz Polymer 1175 ooeblnetion ie very effective in removing aollda from Limestone Pit effluent. Some mix mill be tried by Denver Equipment Laboratories and then clarifier size recom mendations will be developed. Pilot scale unit utilising Biodise clarifier under construction. Startup is targeted for February 1. Construction of No. 1 Limestone Fit 90S complete. Will meet 2/1/71 construction completion unless delayed by weather. ,J.\. /L.~L <* "V.Vv/-- -K` Approximately 20 tend of inert material pvxaped from affluant ned of pit (along with 250 pounds of PCS adsorbed on the inerts) on 12-18-70. This approach has added one month to the effective pit life at this time and can be repeated aeveral mors time*. Ch-~ h`* /* --* /*"*' A--'* :kd (jj & ^ a ... V W< .a... * ^ * . rt . ...f. O. ro'j fi.f Sir* ji *0 L *1 OSH 0136*0 ( n^c*> f *> \ />//. /w't/ii , ^jL jtU* l~* cy"* :A orf' n"1 ' "t"1 ,y J ft o /<i ns e*' v >1 *r * /. f>. 'ti tf. re. (0) + fy i Or / */A*'- ' ' ADAD21-005936 HARTOLDMON0038335 MMonsanto i ft lCAf"t E. C. Wright - AnnUton, Alabama December 29, 1970 F.C.B. Level* In Ambient Air at AnnltCon Plant TO : W, 8. Pipagcorge ~ t1\wAi %v.- ft 1 Bell J. L. Corder C. L. J. C. Lsndvehr P. 8. Hodge* - C.O. Lilted belov 1* the data which ha* been collected to date on P.C.B. lo**e* to the atmosphere at Annleton. The** sample* vere collected primarily In eh* ambient air at each designated location. Da ce Sampllnfl Location P.C.B. Concentration mt/m3 11/5 11/6 11/6 11/9 Aroclor Still Boom .376 X 10*3 Tank Car Loading Plat form Aroclor Still Boom .273 X 10*3 .093 X 10*3 Tank Car Loading Plat form .246 X 10*3 1 still on Arocloi 1242 Loading Aroclor 1234 ur Holding Aroclor 1242 in #3 ' Blend Tank Loading Aroclor 1242 Car 11/17 11/17 11/23 11/24 Tank Car Loading ?lae~ fors , Warehouse DtumnLng Are* Aroclor Still Room ' Rasult* not available .573 X 10*3 1,068 X 10-3 Moo car Hood * 8 .630 X 10*3 LoadIng Aroclor 1254 Car Drumming Out Aroclor 1242 Distilling Aroclor 1242 > ' Driving Aroclor 1242 Bottom* Th 1 * data lndLeate* that the ambient air In the Annliton Plane manufacturing location* 1* considerably lower than eh* level* reported by Honsanto ac Newport In September, 1970. Thl* 1* probably because there ha* been very little manufacture of Liquid Aroclor* at Anniston during thl* period. PLAINTIFF'S EXHIBIT OSW 014061 " ADAD21-005937 HARTOLDMON0038336 Some problem* h*ve been encountered In sampling end analysis *c Anniston vhlch accoune to some degree for the low value*. The prime sampling problem 1* the Inefficiency of the scrubbers at very high sampling volumes (t.s. The scrubber is net 1001 efficient at high air flow races). A solution to this problem la being bested by going to a very low flow rate and templing for e longer time. Analysis have been delayed because of the high priority which has been assigned co the vasts water clean-up reacarch. Plane are to continue saa^llng during January in an attempt to gather store reliable data on P.C.B. lost** to eh* atmosphere. This data will be coeenunicatcd to you as soon as It can be obtained. Tour comments regarding this will be appreciated. Eugene C. Wright jv r 05* 014062 ADAD21-005938 HARTOLDMONOQ38337 * 1* Monsanto 'J 1. Taffee - Ann!iCan, Alabama ffcvembe^l 0, 1972 Memo JRS/CLJ 9/29/72 TO ,,/ J. R. S*vij Censral Cfflcs "R E. Seal - General Office* G. L. Jeaaee L. C. Lehman V. S. Papageorgs - B2HA D. A. Ropr - f&WB H. E. Schulta A. H. Saleh - GUKT I. DISKAWTLISC A dismantling eonexact ha* bn 1C and we are ready eo eare phytlcal dismantling of cha remaining Aroclor production depart ment- The attached tkaech show* the area eo b diamended, which include* the "old" Biphenyl till*,the Liquid Aroclor production facilitlaa, and the 1962 Solid Aroclor inaeallatlon (Arsaa 2, A, 6, 7, 3, and 10). Also eo be dismantled la cha 120,000 gallon rubber-lined HC1 rtorege tank ahown in Area 3. Equipment itema in the** areaa were reviewed by all Chree companies who bid on the job, a* well a* the Corporate Equipment Disposal Section. With the exception of the item* described in III-C, tha unit was claased as having a low salvage value, primarily eael scrap value. Equipment in these areaa is almost entirely uniquely designed, steel equipment dating from the early 1940'a (or perhaps earlier) through 1965. It has been advertised internally through a catalog publiahed by The Equipment Disposal Section of Central Purchasing by A. Reward Smith. This catalog received Corporate-wide distri bution. further publicity was given through the cooperation of R. H. toonta and Don Bolliger of CSD by defining "systems" and equipment which sight be utilised by Central Engiaeerisg projects. Through these efforts, inquiries have been received from a* far away as England and as close as Decatur, Alabama, but, for a variety of reasons, close scrutiny of the equipment by potential users has set resulted is utilisation. Sowwar, Central Engineer ing projects at Delaware River, Lullng, and Sylvan have bean able to use several items (including the entire BC1 absorption system and the mew flahar Installed for Aroclor 1263, for exas^le). Tha Aaoiatoo Plant has salvaged instrumentation, electric motors, valves, lights, sad mj other available Urns of kam value for existing installations and/or planned projects. Ve are retaining these items in appropriate storage areas. 54 PLAINTIFFS . 05k 013931 ADAD21-005939 HARTOLDMONOQ38338 J. R. Stvtgi II. RZTAIMro -2- Hovenbar 10, 19*2 Araa 5 which i nr lud* A2;f control center, *11 facilities Installed on CZA 2080 (presently undr consideration for "low para" Sancowax), and the cherainol circulating system for Sancowax will ba raeainad, unleaa ve haar Co cha contrary. Alao racaisad will ba all flaking and packaging equipment and th-md.no 1 haacar system north of Fifth Street (in and naar tha "new" warehouse) and all tanka in cha "Aroclor Tank Farm" " also locatad oorth of Fifth Street, excapc tha following: A. 2 x 12,000 gallon ataal tanka formarly used for crichlorob-nx-n- and tri-tatrachloro bansana scorags, and two aaaociacad ataal Porocal columns (contractor to diamantle ' for scrap and cradle Monaanto). B. 3 x 18,000 gallon aluminum atoraga tanka which will ba cranafarrtd CQ ofhtr Hotli4St9 Iccfidctis 07 sold Cs ''ouCslds'' buyers. Ona of chase haa already bean tranafarrad to Lullng for uaa on CZA 2323. III. CCTZRAI The remaining itama in Building 27 (Araaa 2, 3, A, 6, 8, and 10) fall into three broad categories: A. Itama which have aoe contained or bean exposed eo significant amounts of K3 . 1. --. _ "old11 Biph--tsyl stills in arse 6, These items will be ralaaaed to Che contractor for hie disposal as . scrap. B. Tanka, pipes, end shipment made of atael which here processed, contained, contacted, or otherwise bean axpoaad Co significant amounts of PCS and which sight be ra-used by persona in Che chemical, food, animal feed, ate., buslnaas. These Items will be cut up (or otherwise compacted) and burlsd in the Anniston Plant landfill. C. Alloy or high value Teasels, piping, or equipment contamina ted with PCI's will be evaluated on e case basis. If Che sloe of Che item eo a prospective purchaser exceeds the coat of cleaning the item for its included use, the item will be salvaged. (II--e profit to Monsanto.) If cleaning to a satis factory level (aa indicated by laboratory analysis of solvent washings of the aquipomnt) is astimetad eo axceed the value of th-- equipment, then the piece in question will be compacted end burisd. Ae present, only the 4 stainless stasl Porocal csliaBi- and tha 2,000 gallon Mena! Liquid Aroclor receiver (which make up the bulk of equipment in this cattgory) *re being considered. DSU 013932 ADAD21-005940 HARTOLDMON0038339 J. R. Sv(| 3- Hcvesber 10, 1372 Specific dacaila on aach Inquiry, item of aqnipnane, and final dlapesiCiaa la avallab la If needed. Frajane data (Including a fixed prlca diamending bid) Indicaca Eha work will ba cotap laced vlchln Che Initial appropriation. Our eargac la co have cha work cotap laced by Decnaber 31, 1972. wrr/fb ACC. r r OSH 013933 ADAD21-005941 HARTOLDMON0038340 \ i t oo CO ( i i e~%> i ;i r f l I i i J v vC '4. D I .: -1 i (t \C 6 Q5U 013934 3 ADAD21-005942 HARTOLDMON0038341 cck:\`^< **+ `U/juj J &A\ MEETING AT SOUTHWEST -SGIOITAr, OFFICE OP SPA Peacstree 5tt. N.E. Atlanta, Georgia Soventer n, 1971 ^ /_ r/7{ Coplea tot H. S. 3ergen T m /*______ _ x vraxrv tv J. V. Gllleepie {Pj_JS--Eei-tle P. B. Hodges P. J. Holxapfel G. L. Jeseee <X. C. Landvahr J. Mason H. L. Mlnckler V. B. Papagaorge P. 3. Park V. R. Rooirda J. X. Savage . ^ \\Jr -f- Oo--, _ nv_ - ^, JM _ > P*T - J in <SM' J***r ^ >- -Va. r7 . . 'll > 7 ---- -Jn -' -- tV, rA . u . < 1 Era a 1 -nj jrr^^ " ~ ~ a ^ ----- * \ r^-Q /A- K_ -t- O' ^ u~ CVUI n IT Xz&?r %', I OSH 01^379 ADAD21-005943 HARTOLDMON0038342 S0CT5VSST REGIONAL OF?IC2 OF rPa 1*21 Peac.ncree be. Atlanta, Georgia November U, 1971 Thoae Present: Monsanto J. T. Carrett nw Tw3 oau--a___a_s. _r C. L. Jessee J P. Landveiir State of Alabama Joseph Crockett Southwest Region*T SPA John White, Director of Enforcement L^^ V_ WJ ai ai Dennis Cafaro George Harlow Subject: PCS Effluents free Anniston Plant to Snow Creek, Choccolocco Creek. Bte. This meeting was arranged by Mr. Joe Crockett at the request . of Mr. John White. . Mr. White had two primary areas for concern: . 1. The Federal Department of Justice has apparently reccmanded that suit be Initiated against the Anniston plant for ?CB emission under the federal He fuse Act. 2. He will be required to approve or reccomend a Refuse Act disposal .permit for Anniston which Halts pollution levels. The PCB production history of the Anniston plant was reviewed briefly from Its beginning In 1929 to the present. Our program to control and reduce PCB emissions to Snow Creek was reviewed by both Monsanto employes and Joe Crockstt who _ emphasised that we had kept him fully advised concerning our program and our progress.- Gens Jesse# carefully pointed out OSU 014380 ADAD21-005944 HARTOLDMON0038343 Meeting at: Southwest Regional orrics or i?a .7ovemDer 11, 1S71 Page 2 - -i'.at our production or ?C3's hid bean greatly reduced in January, 1971 and discontinued in August, 1971. It was explained that current PCS emissions In the liquid erriuents primarily resulted iram our inability to mic a complete separation or biphenyl rroa other polyphenyls. Mr. Jessee stated that equipment would be Installed to vastly improve this separation by July I, 1972, and that by this tima a rurther reduction in PCS in emuents would be errected. ' There was considerable discuaslon concerning the limiting level or PCS that should be permitted in the discharge. . Mr. White suggested "no detectable saount." Hr. Crockett and the Monsanto personnel pointed out that this was an undealrabla approach. The preferred concept was explained as a reduction in aqueous volume accompanied by a concentration reduction (reduced pounds per day). -This appeared to be . M* As a result or the meeting, the rollowing agreements were reached: 1. Mr. Crockett and Mr. White wiH agree upon an interim permissible level for PCS emissions to be provided in the Refuse Act permit. Obviously, Mr. Crockett will press ror a number in excess or our 0.3 lbs./day current level. 2. The permissible PCB will be reviewed again when cur new separation equipment is in operation aa or JUly 1, 1972 to arrive at a new permit level. - 3. A sunnary report outlining our past work and ruture plans will be written and sent to the XPA office via Mr. Crockett's emcs, A second copy oT our existing monthly reports on PC3 emuents to Mr. Crockett will be rorwarded to Mr. White via Mr. Crockett. * 3 Monsanto is ready willing to meet with the Pederal ZPA personnel concerning the PCB problems whenever requested' and will Teel it a privilege to describe our program. . OSW ADAD21-005945 HARTOLDMON0038344 aw dwmwiicak nc Office of SPA November LI, 1971 Pegs 3 . 6. SPA can coma and sample our effluents In a mutual program at any time they want to do tnis. (I believe they will uae our data.) Ve explained to Hr. John white that Mr. Q. L.. Jessee, the Anniston Plant Manager, was the nan who spoke for Monsanto at Anniston. Ve further explained that Mr. Jack Garrett's presence van to indicate the support of the Company's Medical Oepartaent and that Mr. 0. B. Homer's presence was pjrt snppqy^ tHa yAwsewt^ al CJlSiCmiS Company, who is responsible for the nanufacture of PCB's. - It was suggested by Mr. White that it night be desirable to dredge Snow Creek. I believe we convinced him that thla is undesirable. Ve received strong indications that the Southeastern Regional EPA Office will roc amend strongly against a Refuse Act suit by the Pederal Department of Justice on ?CB pollution. TSg swH yg m sphm yes the lunch following It. a Bggtjfjg ws m ^ bt 11-12-71 D. B. Hosaer OSU 01A382 ADAD21-005946 HARTOLDMON0038345 I I Blind . L. C. Lchnan B. Ptpegeorge - Cen.Office* V. Kobirde^* Sn. Office* \ Jely 13. 1972 Technical luff >treetar near Ifroe--t Ceadiiioe lute Office killing Meatgpnary, Alehm 31101 - leer Mr. leltant In early 1970, the Aanleten Meet initiated action* ta reduce fleet loeaeaof pel^chlerlacted hlphcnyla In the e*teoua dlecherye te co1 Cmkr' An feynrtemt fecet ef thie effect vea treoaeittel ef plane and iafernaiioa on real pregresa te r. J. L. Crockett, than llrectsr ef the AWC Techaical Staff. The crananlttal af infemetlon occurred by way ef euaaroin paraenel eontacta, tangrehanalee progreaa report dated lewaabar 9, 1970. mi by confidential aoathly neeeirtaa af polychlorinated bipheayl loasea which aentlawe te the meant. Aa 1 lafemad you by copy ef oenreapoodeace directed ta 3. C. White ef I.F.A. dated July 3th, all polychlerlaetad biphenyl related aaaii factorlag operation* caaead May 1, 1972, at the Aonistoe, diabau Plant. Iwtlag aleae-ep and organisation af the a ana fa*tiering pleat to a no the all condition wea aceo^iished. 2a Ivmm, the Ioann af Areclora 13A2 and 123A (polychlorinated blpbeayla) declined ta a emathly orange ef 0.11 pawnda par day. On thla baale, I raapoctfnlly ragaaat that thla plant no longar be required ta eubnlt te rear efflce the noathly aunnarlaa ef effluaat loeaea. X would be planned ta arrange a wonting ef thla pleat1* rapraaeautlwaa with yen ta nlarlfy gneatloaa regarding thla roguait. OU/fb "Q.NS 09173* ADAD21-005947 HARTOLDMON0038346