Document evQn7J1y61MM6adVE904onwX4

1 IN THE UNITED STATES DISTRICT COURT FOR 2 THE NORTHERN DISTRICT OF ALABAMA 3 EASTERN DIVISION 4 5 CASE NUMBER: CV-94-AR-778-E 6 7 GORDON AND RITTA SEWELL, 8 d/b/a Sewell's Fish Market, 9 Plaintiff, 10 vs. 11 12 MONSANTO COMPANY, 13 Defendant. 14 15 STIPULATION 16 IT IS STIPULATED AND AGREED, by 17 and between the parties through their 18 respective counsel, that the deposition of 19 GERALD MILLER may be taken before Maurice 20 Lapidus, Commissioner and Notary Public, at 21 420 North 20th Street, Suite 3100, 22 Birmingham, Alabama, on March 15, 1995. 23 IT IS FURTHER STIPULATED AND 1 Miller, Gerald (pltf) in SEWELL HARTOLDMONO017248 1 AGREED that the deposition to have the same 2 force and effect as if full compliance had 3 been had with all laws and rules of Court 4 relating to the taking of depositions. 5 IT IS FURTHER STIPULATED AND 6 AGREED that it shall not be necessary for 7 any objections to be made by counsel to any 8 questions, except as to form or leading 9 questions, and that counsel for the parties 10 may make objections and assign grounds at 11 the time of the trial, or at the time said 12 deposition is offered in evidence, or prior 13 thereto. 14 IT IS FURTHER STIPULATED AND 15 AGREED that notice of filing of the 16 deposition by the Commissioner is waived. 17 18 19 20 21 22 23 2 Miller, Gerald (pltf) in SEWELL HARTOLDMONO017249 1 INDEX 2 EXAMINATION BY : 3 4 MR. DAVIS 5 6 EXHIBITS: 7 8 PLAINTIFF'S EXHIBIT 1 9 PLAINTIFF'S EXHIBIT 2 10 PLAINTIFF'S EXHIBIT 3 11 PLAINTIFF'S EXHIBIT 4 12 PLAINTIFF'S EXHIBIT 5 13 PLAINTIFF'S EXHIBIT 6 14 PLAINTIFF'S EXHIBIT 7 15 PLAINTIFF'S EXHIBIT 8 16 PLAINTIFF'S EXHIBIT 9 17 PLAINTIFF'S EXHIBIT 10 18 PLAINTIFF'S EXHIBIT 11 19 PLAINTIFF'S EXHIBIT 12 20 PLAINTIFF'S EXHIBIT 13 21 PLAINTIFF'S EXHIBIT 14 22 PLAINTIFF'S EXHIBIT 15 23 PLAINTIFF'S EXHIBIT 16 PAGE NUMBER 7 13 21 32 41 44 54 55 58 60 62 63 65 66 69 76 80 3 Miller, Gerald (pltf) in SEWELL HARTOLDMONO017250 1 IN THE UNITED STATES DISTRICT COURT FOR 2 THE NORTHERN DISTRICT OF ALABAMA 3 EASTERN DIVISION 4 5 6 7 CASE NUMBER: CV-94-AR-778-E 9 10 11 GORDON AND RITTA SEWELL, 12 d/b/a Sewell's Fish Market, 13 Plaintiff, 14 vs. 15 16 MONSANTO COMPANY, 17 Defendant. 18 19 20 21 BEFORE: Maurice Lapidus, 22 Commissioner 23 4 Miller, Gerald (pltf) in SEWELL HARTOLDMONO017251 1 APPEARANCES 2 3 BURR & FORMAN, by Mr. D. Frank 4 Davis, 3100 SouthTrust Tower, Birmingham, 5 Alabama, 35203, appearing on behalf of the 6 Plaintiff. 7 BURR & FORMAN, by Mr. Gary L. 8 Howard, 3100 SouthTrust Tower, Birmingham, 9 Alabama, 35203, appearing on behalf of the 10 Plaintiff. 11 BURR & FORMAN, by Ms. Pamela M. 12 Arenberg, 3100 SouthTrust Tower, Birmingham, 13 Alabama, 35203, appearing on behalf of the 14 Plaintiff. 15 LIGHTFOOT, FRANKLIN, WHITE & 16 LUCAS, by Mr. Adam K. Peck, 300 Financial 17 Center, Birmingham, Alabama, 35203, 18 appearing on behalf of the Defendant. 19 20 21 22 23 5 Miller, Gerald (pltf) in SEWELL HARTOLDMONO017252 1 I, Maurice Lapidus, a Court 2 Reporter of Birmingham, Alabama, acting as 3 Commissioner, certify that on this date, as 4 provided by the Federal Rules of Civil 5 Procedure of the United States District 6 Court, and the foregoing stipulation of 7 counsel, there came before me at BURR & 8 FORMAN, 420 North 20th Street, Suite 3100, 9 Birmingham, Alabama, beginning at 9:05 a.m., 10 GERALD MILLER, witness in the above cause, 11 for oral examination, whereupon the 12 following proceedings were had: 13 14 GERALD MILLER, 15 being first duly sworn, was examined and 16 testified as follows: 17 18 COURT REPORTER: Usual 19 stipulations ? 20 MR. DAVIS: Yes, I guess. 21 MR. PECK: Yes. The only added 22 stipulation may be -- I was just thinking, 23 maybe we should put something in here that 6 Miller, Gerald (pltf) in SEWELL HARTOLDMONO017253 1 although this is noticed as Sewell versus 2 Monsanto, it is being taken in Wilson versus 3 Monsanto and Dyer versus Monsanto as well. 4 Is that agreeable? 5 MR. DAVIS: Yes, that is 6 agreeable. 7 8 EXAMINATION BY MR. DAVIS: 9 Q. State your name for the record, 10 please sir. 11 A. Gerald W. Miller. 12 Q. And Mr. Miller, by whom are you 13 employed? 14 A. Self. 15 Q. Did you use to work for Monsanto? 16 A. That's correct. 17 Q. Can you tell us during what dates 18 you worked for Monsanto. 19 A. 1964 to 1971. 20 Q. I want to ask you some questions 21 about that. Before we do let me ask you 22 some general questions about your 23 educational background. What is it? What 7 Miller, Gerald (pltf) in SEWELL HARTOLDMONO017254 1 I'm looking for is some kind of chemical 2 engineer out there. Are you some kind of an 3 engineer 7 4 A. I'm a chemist. 5 Q. A chemist, well, I got close. 6 Tell me then about your educational 7 background. 8 A. I've got a BS and a master of 9 science from Mississippi State. 10 Q. Both in chemistry? 11 A. Yes. 12 Q. Summarize for us your work 13 experience prior to going to work for 14 Monsanto 15 A. Spent approximately a year and a 16 half in Texas working for National Lead 17 Corporation. That was it. 18 Q. Then went to work for Monsanto? 19 A. Subsequently, yes. 20 Q. Did you say you worked there 21 between 1964 and '71? 22 A. Approximately. 23 Q. I don't want to spend a whole lot 8 Miller, Gerald (pltf) in SEWELL HARTOLDMONO017255 1 of time with this, but it's been a long time 2 since you left Monsanto. Can you give us a 3 general idea what you've been doing since 4 you left Monsanto? 5 A. Been self-employed. 6 Q. Doing the same kind of thing ever 7 since you left? 8 A. Primarily during the ensuing years 9 I've been involved in a company called 10 Guardian Systems which provides analytical 11 chemistry services. 12 Q. What kind of chemical services do 13 y'all provide? 14 A. Commercial analytical chemistry. 15 Q. Do you have any employees -- how 16 big a company is it? 17 A. About 45. 18 Q. Done any work for Monsanto since 19 you left there? 20 A. We did a little work for them in 21 the late '70's. 22 Q. Hadn't done any work for them 23 since then? 9 Miller, Gerald (pltf) in SEWELL HARTOLDMONO017256 1 A. Not to my knowledge. 2 Q. Since leaving Monsanto, have you 3 done any work in any way connected with 4 PCB's ? 5 A. We routinely provide commercial 6 services of measuring PCB concentrations, 7 among other things. 8 Q. For what purposes? 9 A. Customer request. 10 Q. Can you give us some examples of 11 what would be a typical kind of request. 12 A. Please tell me the PCB content of 13 this oil, water, soil sample. 14 Q. Would this typically be in 15 connection with the sale of a piece of 16 property, or the cleanup of a piece of 17 property? 18 A. Very well could be. 19 Q. Since leaving Monsanto, have you 20 done any work or has your company done any 21 work, to your knowledge, concerning PCB's in 22 waterways, in streams and lakes, things like 23 that? 10 Miller, Gerald (pltf) in SEWELL HARTOLDMONO017257 1 A. Not to my knowledge. 2 Q. What about PCB's present in any 3 landfills? 4 A. Quite probably. 5 Q. Do you remember personally being 6 involved in any of that? 7 A. No. 8 Q. I asked you whether y'all had done 9 any work for Monsanto. Let me ask you a 10 little bit broader questions on that. I 11 suppose it's possible that Monsanto could 12 place some PCB's somewhere else, in a city 13 dump, or community dump, or somebody else's 14 dump. Has your company done anything since 15 you left Monsanto in any way connected with 16 anything placed in anybody's dump by 17 Monsanto? 18 A. Not that I'm aware of. 19 Q. Had anything to do with any of 20 those dumps across the street from Monsanto? 21 A. No. 22 Q. Excluding Monsanto, do you know 23 anything about anybody putting any PCB's in 11 Miller, Gerald (pltf) in SEWELL HARTOLDMONO017258 1 Logan Martin, or Choccolocco Creek, or Snow 2 Creek? 3 A. Not to my knowledge. 4 Q. When you started to work for 5 Monsanto, what was your job? 6 A. Laboratory chemist. 7 Q. When you left, what was your job? 8 A. Production supervisor of the 9 aroclor department. 10 Q. Did you have any other jobs 11 between those two? 12 A. I was chief chemist for awhile. 13 Q. Did you at some point become 14 involved in the question of discharges of 15 PCB's from the plant? 16 A. Yes. 17 Q. When was that? 18 A. When I was under their employ in 19 the late '60's. 20 Q. What was the first thing you heard 21 about those responsibilities? What do you 22 remember being told about what you were 23 supposed to do? 12 Miller, Gerald (pltf) in SEWELL HARTOLDMONO017259 1 A. I don't remember the first thing I 2 was told. 3 Q. What responsibilities then did you 4 have with regard to the discharge of PCB's 5 from the plant? 6 A. What responsibility did I have 7 with regard to the discharge? 8 Q. Yes. 9 A. At that point in time I was in 10 charge of laboratory services, and most 11 probably we were requested to investigate 12 the concentration of PCB's in that 13 discharge. It goes without saying that my 14 memory from 25 years ago is not crystal 15 clear. 16 17 (Whereupon, Plaintiff's Exhibit 1 was 18 marked for identification and copy of 19 same is attached hereto.) 20 21 Q. I show you what's been marked 22 Exhibit Number 1 to your deposition. That 23 appears to be a document dated September 30, 13 Miller, Gerald (pltf) in SEWELL HARTOLDMONO017260 1 1971. It says progress report on it, report 2 number one. Among other people, it appears 3 to have G.W. Miller's name at the top. Is 4 that you? 5 A. That's correct. 6 Q. Do you recall -- in the first 7 place you may be able to look at it and tell 8 -- do you know who created that report? 9 A. Signed by Bill Taffee. 10 Q. What was his job? 11 A. Bill Taffee was a supervisor in 12 the technical services department at that 13 time. 14 Q. That report appears to be dealing 15 with the question of how PCB's are getting 16 out of the plant. It appears to be dealing 17 with the sewer systems and things like 18 that. Were you ever -- I see your name on 19 that document, but I don't know how much 20 involvement you had in that. Were you ever 21 involved in investigating and remedying any 22 problem with PCB's being discharged by the 23 plant? 14 Miller, Gerald (pltf) in SEWELL HARTOLDMONO017261 1 A. Yes. 2 Q. What involvement did you have in 3 that? 4 A. When I was in the laboratory 5 operation, I was involved in developing -6 not developing, but implementing analytical 7 procedures for the detection and 8 determination of PCB and subsequent to that, 9 I was involved with operation of the PCB 10 production facility, and therefore, involved 11 with the control of discharge of PCB's from 12 that facility. 13 Q. Would it be fair to say at some 14 point during your employment there was a 15 greater emphasis over reducing the discharge 16 of PCB's from the plant? 17 A. Repeat that. 18 Q. Would it be fair to say that at 19 some point during your employment with 20 Monsanto, there was a greater emphasis on 21 reducing the discharge of PCB's from that 22 plant? 23 A. Than what? 15 Miller, Gerald (pltf) in SEWELL HARTOLDMONO017262 1 Q. Than what you had had before? 2 A. Certainly. 3 Q. Do you remember about when that 4 was? 5 A. Began the late 1960's. 6 Q. Can you describe for us in general 7 what the situation was concerning the 8 discharge of PCB's from that plant prior to 9 that time. 10 A. From the standpoint of my 11 involvement, there had been no concerted 12 effort to measure nor determine the amount 13 of PCB discharge prior to this late '60's 14 period that we're talking about. 15 Q. Now, you say from the standpoint 16 of your involvement. I suppose if there had 17 been a concerted effort to measure or 18 determine the discharge of PCB, you would 19 have been aware of it in your position? 20 A. Quite probably. 21 Q. Do you have any recollection 22 concerning what the stimulus was for the 23 heightened interest in the late '60's in 16 Miller, Gerald (pltf) in SEWELL HARTOLDMONO017263 1 looking at the discharges of PCB's? 2 A. I have some sketchy memory as to 3 what transpired. 4 Q. What do you remember? 5 A. In the mid to late '60's, a new 6 analytical technique was developed called 7 electronic chromotography detection. With 8 the advent of electronic capture, the 9 detection limit for many organic compounds 10 was lowered about three orders of 11 magnitude. Work that was published in the 12 late '60's indicated that -- as my memory 13 serves me -- D.D.T. ghost peaks were being 14 reported in the literature. This work was 15 being done in Scandinavia. These D.D.T. 16 ghost peaks were eventually identified as 17 PCB's. 18 Q. Some scientists in where, Sweden 19 you say? 20 A. I don't remember the country. I 21 know it was in Norway, the Scandinavians. 22 Q. Some scientists in some 23 Scandinavian countries were investigating 17 Miller, Gerald (pltf) in SEWELL HARTOLDMONO017264 1 the presence of D.D.T. in wildlife; is that 2 the idea? 3 A. I don't remember. 4 Q. The equipment that you were 5 referring to permitted someone to measure 6 smaller amounts of PCB; is that the idea? 7 A. At lower concentrations. 8 Q. Did you participate then in 9 measuring the discharges from that plant? 10 A. Subsequently, yes. 11 Q. What did you find when you first 12 looked before you made any additional 13 remedial actions? 14 A. When we first looked, we didn't 15 have availability of analytical 16 instrumentation or methodology to employ 17 what we had become aware of from literature. 18 Q. What did you find when you first 19 looked? Might not have found everything you 20 ultimately would find, but what did you 21 find? 22 A. It was obvious that PCB had been 23 discharged from the plant. 18 Miller, Gerald (pltf) in SEWELL HARTOLDMONO017265 1 Q. How was that obvious? 2 A. Very rudimentary analytical 3 procedures, visual observation. 4 Q. As far as visual observation, what 5 did you see? 6 A. PCB's in the discharge. 7 Q. You would actually look at the 8 discharge from the plant and see PCB's in 9 it? 10 A. Mixed with it. 11 Q. What would you see? I don't know 12 what PCB looks like, so what would you see? 13 A. Typically a PCB compound is a 14 heavy clear organic compound that's 15 admissible with water. Therefore, you can 16 see a separate phase with the water. 17 Q. So you were able to look at the 18 water coming out of the plant and tell by 19 looking at it that it contained PCB's? 20 A. At selected places at selected 21 time s. 22 Q. Let's talk about at selected 23 places for example. Where could you see it? 19 Miller, Gerald (pltf) in SEWELL HARTOLDMONO017266 1 A. In the plant discharge. 2 Q. You said selected places, so help 3 me out here. 4 A. It was not consistently present. 5 Therefore, a sample taken today, you may not 6 see any tomorrow, or you may see some. 7 Q. Where were you sampling it? Still 8 we're talking about before you did remedial 9 measures. 10 A. We were not sampling it at any 11 places, to my knowledge, other than the 12 plant discharge. 13 Q. When you say plant discharge, 14 where is that physically? 15 A. It's immediately in front of the 16 existing plant facility to the east. 17 Q. Where does that lead to? 18 A. Snow's Creek. 19 Q. Do you have any idea what the 20 approximate amount of PCB's being discharged 21 on a daily basis was prior to the time y'all 22 substituted additional remedial measures in 23 the late '60's? 20 Miller, Gerald (pltf) in SEWELL HARTOLDMONO017267 1 A. I have no idea. 2 Q. Do you have any judgment at all on 3 that? 4 A. No idea. 5 6 (Whereupon, Plaintiff's Exhibit 2 was 7 marked for identification and copy of 8 same is attached hereto.) 9 10 Q. Show you now what's been marked as 11 Exhibit Number 2 to your deposition. It's 12 another one of these progress reports, this 13 one is report number two. The reason I hand 14 this one to you at this time is that this 15 one says in part, on the first page under 16 item summary, it says aroclor -- by the way, 17 aroclor is the same thing as PCB's? 18 A. Correct. 19 Q. "Aroclor losses from the Anniston 20 for the period April 15th through June 30th, 21 1970 averaged 16 pounds a day. This is a 22 considerable improvement over losses of over 23 250 pounds a day during a comparable period 21 Miller, Gerald (pltf) in SEWELL HARTOLDMONO017268 1 during 1989". 2 MR. PECK: 1989? 3 Q. (BY MR. DAVIS) 1969, excuse me. 4 I don't know what the 250 pound number is. 5 It says actually over 250 pound number. I 6 don't know if that was before y'all started 7 some additional remediation numbers or after 8 y'all had already started them. Do you 9 remember anything about that? 10 A. No, I don't. 11 Q. Now, still -- and I know I'm 12 skipping around a little bit. But looking 13 back at Exhibit Number 1, there's some 14 references in Exhibit 1 to the condition of 15 some sewers. I wanted to ask you some 16 questions about that. What do you remember 17 about the condition of the sewers at the 18 plant prior to y'all doing some additional 19 things concerning PCB's in the late '60's? 20 A. The only memory I have of sewers 21 and the condition of sewers is in the 22 muriatic acid area of the plant, the sewers 23 were extremely corroded. 22 Miller, Gerald (pltf) in SEWELL HARTOLDMONO017269 1 Q. Did those sewers carry PCB's? 2 A. It's possible they did, and 3 probable. 4 Q. Did the corrosion of those sewers 5 cause PCB's to leak into the ground? 6 A. I have no knowledge. 7 Q. Did y'all ever do any tests about 8 that? 9 A. Not to my knowledge. 10 Q. Did y'all ever look at the 11 question of whether any -- let me back up a 12 minute. Some of the sewers from the plant, 13 did some of the sewers go to the water 14 treatment plant -- sewage plant on 15 Choccolocco -- city sewage plant? 16 A. Some of the discharge from the 17 Monsanto facility in Anniston at this point 18 in time went to the city sanitary sewer 19 system which was subsequently treated again 20 by the City of Anniston. 21 Q. Did any of that discharge carry 22 PCB's? 23 A. Not to my knowledge. 23 Miller, Gerald (pltf) in SEWELL HARTOLDMONO017270 1 Q. Did y'all ever look into that 2 question? 3 A. I don't remember having looked 4 into it. They were -- facilities that used 5 the city sewer system were separate and 6 remotely located from the production of 7 PCB's. 8 Q. Prior to the late 1960's, what 9 systems existed at Monsanto to keep PCB's-10 or at least some PCB's from getting into 11 Snow Creek? Let me back up a minute. I 12 assume, as a general principal, that you 13 wanted to sell PCB's, not to release them 14 into Snow Creek. So I guess the system of 15 selling PCB's was a system that existed. 16 Were there other systems in place to prevent 17 PCB's from the plant getting into Snow 18 Creek? 19 A. The production facilities for PCB 20 were naturally designed and operated to 21 produce and contain the product which was 22 PCB. The wastes from that system, which 23 obviously contained PCB's, were treated for 24 Miller, Gerald (pltf) in SEWELL HARTOLDMONO017271 1 acidity and solids removal prior to being 2 discharged. 3 Q. Did this treatment remove some of 4 the PCB's? 5 A. Certainly. 6 Q. Do you have any judgment on the 7 percentage? 8 A. No. 9 Q. Do you know whether we're talking 10 about 90 percent or ten percent? 11 A. I have no idea. 12 Q. What became of the solids that 13 were removed? 14 A. To the best of my knowledge, they 15 were transported to the plant landfill and 16 buried. 17 Q. What do you recall about how that 18 was done? Were they put in drums? Were 19 they put on a truck and taken over there and 20 dumped? How was that done? 21 A. Best of my memory, that was 22 accomplished with a backhoe and dump trucks. 23 Q. Where was that landfill located? 25 Miller, Gerald (pltf) in SEWELL HARTOLDMONO017272 1 A. Immediately to the east and 2 perhaps a little south of the plant. 3 Q. What do you recall concerning that 4 landfill? By that, here's what I mean. 5 What do you remember -- was the landfill 6 lined with anything? 7 A. In the period of time I was 8 employed at Monsanto, I probably went to 9 that landfill one time. It looked like a 10 standard landfill. And to be honest with 11 you, I don't have any recollection of it 12 being lined, or unlined, or anything else 13 about it. 14 Q. Before we go too far, I want to 15 ask you a few questions about your knowledge 16 concerning PCB's. You had a chemistry 17 undergraduate degree, you had a master's in 18 chemistry. Did y'all study PCB's-- or did 19 you study PCB's in school? 20 A. No. 21 Q. When you came to work for 22 Monsanto, at the time you came to work for 23 Monsanto, had you ever dealt with PCB's 26 Miller, Gerald (pltf) in SEWELL HARTOLDMONO017273 1 before in any way? 2 A. No. 3 Q. During the time you were employed 4 at Monsanto, did you receive any training of 5 any kind on the question of whether PCB's 6 are hazardous or not hazardous? 7 A. I'm sure I did. 8 Q. Do you remember anything about 9 that? 10 A. Primary things I remember about 11 PCB is that they were innocuous compounds, 12 they were persistent compounds. The primary 13 caution associated with them was to simply 14 wash them off of your body. In production 15 facilities most of the time you would 16 encounter it at very high temperatures, 17 therefore they presented a burn hazard -- a 18 physical burn hazard. 19 Q. By innocuous you were meaning to 20 say they were not hazardous materials? 21 A. That's correct. 22 Q. That's what you were told by 23 Monsanto during the time period you were 27 Miller, Gerald (pltf) in SEWELL HARTOLDMONO017274 1 employed there? 2 A. That's correct. 3 Q. So if anybody in the general 4 public had asked you while you were employed 5 by Monsanto whether PCB's were hazardous, 6 you would have told them no? 7 A. That's correct. 8 Q. Did you in fact attend any 9 meetings of citizens around that area? Did 10 you go to any community meetings? 11 A. I don't recall having done so. 12 Q. During the time period you were 13 employed with Monsanto, did you ever talk to 14 any of the residents of the area around the 15 plant, or the areas around Snow Creek or 16 Choccolocco Creek about PCB's? 17 A. Not to my knowledge. 18 Q. Did you ever investigate any fish 19 kill on Choccolocco Creek? 20 A. I was involved to a very small 21 extent with a fish kill on Choccolocco 22 Creek. 23 Q. What caused the fish kill? 28 Miller, Gerald (pltf) in SEWELL HARTOLDMONO017275 1 A. If memory served me, it was 2 associated with parathion production. 3 Q. Y'all let at least some parathion 4 into Snow Creek that had gone into 5 Choccolocco Creek? 6 A. I have no idea how it got there. 7 Q. Well, y'all made parathion; is 8 that correct? 9 A. Yes. 10 Q. You don't know anybody else in the 11 area that makes parathion do you? 12 A. Not to my knowledge. There were 13 other pesticide and herbicide manufacturers 14 in the area though. 15 Q. But your recollection is it was a 16 parathion product? 17 A. If it was associated with 18 parathion, and it came from Monsanto, it 19 would have been a parathion product. 20 Q. But isn't that your recollection 21 that the fish kill was associated with 22 parathion? 23 A. I don't remember the resolution of 29 Miller, Gerald (pltf) in SEWELL HARTOLDMONO017276 1 that issue. 2 Q. In any event, in connection with 3 that fish kill, did you attend some meetings 4 about discharges by Monsanto? 5 A. I don't recall having done so. 6 Q. Did you ever talk to any citizens 7 about discharges by Monsanto? I'm not 8 talking about just PCB's, but about 9 discharges in general. 10 A. I don't recall anything with the 11 probable exception of light conversation 12 with friends. 13 Q. Would it be fair to say that 14 during the entire time you were employed by 15 Monsanto, the company line, so to speak, was 16 that there were no hazardous discharges by 17 Monsanto into Snow Creek, or Choccolocco 18 Creek? 19 A. I don't think that would be an 20 appropriate statement to make. 21 Q. So you do admit that there were 22 hazardous discharges into Snow Creek and 23 Choccolocco? 30 Miller, Gerald (pltf) in SEWELL HARTOLDMONO017277 1 A. No, I don't admit that there were 2 hazardous discharges into Snow Creek. 3 Q. Okay. Well, while you were 4 employed by Monsanto, my question is what 5 was the company policy about what people 6 were to be told? If somebody asks, were 7 they to be told that yes, the PCB's being 8 discharged could be hazardous, might be 9 hazardous, or were they to be told no, it's 10 not hazardous? What was the policy? 11 MR. PECK: Object to the form of 12 that question. 13 WITNESS: Did you object? 14 MR. PECK: You can answer. I'm 15 just objecting for the record. 16 WITNESS: During the period of 17 time I was employed by Monsanto, there was 18 no company position, and you were not 19 instructed to say one thing or another thing 20 by the company. The position on the 21 possibility of a problem being associated 22 with PCB developed during the period of my 23 employment. And therefore, that's the 31 Miller, Gerald (pltf) in SEWELL HARTOLDMONO017278 1 reason I answered your question by saying it 2 was possible that there were potentially 3 hazardous materials being discharged into 4 Snow Creek. 5 6 (Whereupon, Plaintiff's Exhibit 3 was 7 marked for identification and copy of 8 same is attached hereto.) 9 10 Q. (BY MR. DAVIS) I show you now 11 what's been marked Exhibit Number 3 to your 12 deposition, which appears to be a memoranda 13 dated December 31, 1968. It says, subject, 14 aroclor in fish tissue, and it has Mr. 15 Miller at the first line there. Is that 16 you? 17 A. That's correct. 18 Q. The only reason I asked you about 19 the parathion question was the second 20 sentence of this memorandum says this work 21 -- talking about fish tissue work -- was 22 done in connection with parathion studies 23 and fish kills in streams below the Anniston 32 Miller, Gerald (pltf) in SEWELL HARTOLDMONO017279 1 plant. Does that refresh your recollection 2 -- I know it's been a long time -- does 3 that refresh your recollection about y'all 4 studying the fish kill and concluding that 5 they did have parathion in it? 6 MR. PECK: Object to the form of 7 the question. 8 WITNESS: I have no idea what was 9 going on at this point in time. I remember 10 a, quote, "fish kill". I remember an 11 investigation of same. That's about the 12 extent of my knowledge. 13 Q. (BY MR. DAVIS) Did you 14 participate, during your employment with 15 Monsanto, in any way in any fish studies, 16 analyzing the fish for PCB content? 17 A. Me personally, no. 18 Q. Was any done under your direction? 19 A. I'm sure there were some done, but 20 it was not under my direction. 21 Q. Did you participate in any effort 22 to gather fish? Direct anybody to do that? 23 A. No. 33 Miller, Gerald (pltf) in SEWELL HARTOLDMONO017280 1 Q. Did you become aware of the 2 results of any fish studies of fish in Snow 3 Creek, or Choccolocco Creek, or Logan Martin 4 during your employment with Monsanto? 5 A. Not to my knowledge. 6 Q. Did you ever hear, while you were 7 employed with Monsanto, that fish had been 8 found with PCB levels in excess of the FDA 9 limits? 10 A. I probably was made aware of that 11 fact, yes. 12 Q. You remember learning that at some 13 time while you were with Monsanto? 14 A. Quite possibly. 15 Q. Do you recall how you became aware 16 of that information? 17 A. No, I don't. Probably in 18 correspondence I was copied on or something. 19 Q. You didn't have any direct 20 involvement in any fish studies, but you 21 might have been copied on some; is that the 22 idea? 23 A. Correct. 34 Miller, Gerald (pltf) in SEWELL HARTOLDMONO017281 1 Q. Did you ever attend any 2 discussions where the subject was what 3 warnings, if any, should be issued in 4 connection with those results? 5 A. What warnings should be issued? 6 Q. Yes sir. 7 A. Not to my knowledge. 8 Q. Where was your residence located 9 during the time you were employed by 10 Monsanto? Was it in the Anniston city 11 limits? 12 A. Yes. 13 Q. Did you ever do any fishing on 14 Logan Martin or Choccolocco Creek? 15 A. Certainly. 16 Q. Choccolocco Creek in particular, 17 had you been fishing on Choccolocco Creek? 18 A. I don't remember. 19 Q. Do you recall ever having gone 20 fishing on Choccolocco Creek? 21 A. I went fishing with a friend of 22 mine a few times and he took me where he 23 wanted to fish. I had no idea where I was. 35 Miller, Gerald (pltf) in SEWELL HARTOLDMONO017282 1 MR. DAVIS: Do you want to take a 2 break? 3 4 (Whereupon a brief recess was had in 5 the deposition.) 6 7 Q. (BY MR. DAVIS) Describe for me, 8 in as much detail as you can, how PCB's were 9 getting into the plant discharge. 10 A. Two sources of discharge come to 11 mind from the production facility. The 12 off-gas from the aroclor production facility 13 was hydrogen chloride gas which was 14 subsequently scrubbed down with water to 15 produce muriatic acid. This hydrogen 16 chloride off-gas contained vapors of PCB 17 which were subsequently scrubbed down with 18 water, and to some extent discharged through 19 the plant effluent. 20 Q. You scrubbed it down with water. 21 Describe for me how the water gets from 22 there to the creek. 23 A. The resultant muriatic acid was 36 Miller, Gerald (pltf) in SEWELL HARTOLDMONO017283 1 either placed in storage and subsequently 2 sold. But as memory serves me, in many 3 instances the production of muriatic acid 4 exceeded market demand, therefore some 5 portion of it was sewered. This material 6 was routed through the sewer system to the 7 area of the plant known as the limestone pit 8 or the neutralization pit where the muriatic 9 acid was subsequently neutralized, solids 10 collected, and discharged to the plant 11 outfall. 12 Q. When you say the production 13 exceeded demand, was that routinely, or on 14 one particular occasion, or what are you 15 talking about? 16 A. Suffice it to say I can only say 17 that frequently that situation occurred. 18 Q. Over the whole time you were 19 there? 20 A. Best memory serves me. 21 Q. Do you have any recollection about 22 what volume of muriatic acid we're talking 23 about? 37 Miller, Gerald (pltf) in SEWELL HARTOLDMONO017284 1 A. No. Other than to say we're - 2 muriatic acid we're talking about in what 3 aspect? Being sewered? Being sold? 4 Q. Being sewered. 5 A. I have no idea. 6 Q. Can you give me any judgment on 7 that? 8 A. I have no recollection or idea. 9 Q. We've been talking about some 10 muriatic acid that was excess being 11 sewered. We've been talking about some 12 stuff beingwashed down, right? 13 A. You just mentioned washed down. I 14 hadn't yet. 15 Q. I thought you had already. Tell 16 me the next source then. The first source 17 is some of it got sewered because there was 18 excess supply of themuriatic acid? 19 A. Correct. 20 Q. And it contained some PCB's? 21 A. Correct. 22 Q. What's the second source? 23 A. The second source would be still 38 Miller, Gerald (pltf) in SEWELL HARTOLDMONO017285 1 jets and plant wash-up or cleanup. 2 Q. Describe that for me. 3 A. Well, plant wash-up and cleanup is 4 routine housekeeping chores. Certainly 5 there had been spills on the floor of 6 production areas. Those were washed up, 7 cleaned up, and subsequently discharged into 8 the sewer. Still jets obviously contained 9 some degree of PCB vapor. 10 Q. What is a still jet? 11 A. Vacuum producing device that 12 allows you to reduce pressure in a vessel. 13 Q. With regard to the wash-down, tell 14 me how physically -- I assume what you have 15 then on a wash-down would be water 16 contaminated with PCB's? 17 A. Correct. 18 Q. How would that contaminated water 19 then get from that location where the 20 wash-down occurred to Snow Creek? 21 A. I don't know the exact 22 configuration of the sewer system from the 23 production area that we're talking about. 39 Miller, Gerald (pltf) in SEWELL HARTOLDMONO017286 1 Q. Were there drains in the floors of 2 the buildings? 3 A. There were floor drains and sewer 4 drains. 5 Q. So at least in substance, when you 6 washed down the inside of a building that 7 produced PCB's, the contaminated water would 8 go into floor drains and into the sewer 9 system? 10 A. Not a sanitary sewer system like 11 you're talking about. A plant sewer system. 12 Q. Pipes under the ground under the 13 plant? 14 A. Correct. 15 Q. And those pipes would eventually 16 result in the water from those pipes going 17 into Snow Creek? 18 A. I don't know that for a fact. I 19 presume that. 20 Q. You've never crawled in pipes I 21 suppose, but you at least did see reports 22 while you were there that that's where they 23 went? 40 Miller, Gerald (pltf) in SEWELL HARTOLDMONO017287 1 A. Certainly. 2 3 (Whereupon, Plaintiff's Exhibit 4 was 4 marked for identification and copy of 5 same is attached hereto.) 6 7 Q. I show you now Exhibit Number 4 to 8 your deposition, which is entitled Monsanto 9 Anniston Plant Technical Services Department 10 Monthly Report, and there's a date on here 11 of May 1970. Ask you if you can identify 12 that? I assume that's a document you got in 13 the normal course of your employment while 14 you were at Monsanto; is that right? 15 A. Yes. 16 Q. That also, by the way, would be 17 true for Exhibits 1, 2, and 3, right? 18 A. Correct. 19 Q. With regard to Exhibit Number 4, 20 if you look at page five of that exhibit for 21 me for a minute. 22 A. (Witness complies.) 23 Q. There's a reference on page five 41 Miller, Gerald (pltf) in SEWELL HARTOLDMONO017288 1 to a Mr. Crockett. Did you ever meet a Mr. 2 Crockett during your employment with 3 Monsanto? 4 A. Yes. 5 Q. Was that in connection with the 6 issue of PCB's being discharged by the 7 plant? 8 A. Yes, probably. Yes . 9 Q. Did you meet him in person? 10 A. Yes. 11 Q. Do you remember how many times you 12 met him? 13 A. Professionally or socially? 14 Q. Either one I suppose. 15 A. I have no idea. 16 Q. Do you remember professionally how 17 many times you met him? 18 A. Probably two or three times. 19 Q. At the plant, or in Montgomery, or 20 where? 21 A. I don't remember meeting Mr. 22 Crockett at the plant. I do remember 23 meeting him in Montgomery. 42 Miller, Gerald (pltf) in SEWELL HARTOLDMONO017289 1 Q. Socially how many times did you 2 meet him while you were employed there? 3 A. Two or three times. 4 Q. What occasions were those? 5 A. Mr. Crockett and I were both 6 active in the Alabama Academy of Sciences. 7 Q. So how did you -- what kind of 8 social occasions then? 9 A. The Alabama Academy of Sciences, 10 as I remember, was a group of professionals 11 who tried to stimulate interest in technical 12 programs and technical degrees at various 13 colleges and universities around the state. 14 Q. Did any of them involve dinner? 15 A. Not to my knowledge. I have one 16 specific memory of presenting a program at 17 Montevallo with Mr. Crockett to a group of 18 entering freshmen in the school of science. 19 Q. Any other recollection - 20 A. Prior to that, that's it. 21 Q. Do you have any other 22 recollections of seeing Mr. Crockett while 23 you were employed by Monsanto, other than 43 Miller, Gerald (pltf) in SEWELL HARTOLDMONO017290 1 the connection of business? 2 A. No. 3 Q. Do you remember why you first met 4 with Mr. Crockett in connection with 5 business ? 6 A. No, I don't remember the first 7 contact with Mr. Crockett. 8 Q. What do you remember about 9 contacts with Mr. Crockett? 10 A. I remember an interchange with Mr. 11 Crockett relative to the new literature 12 concerning the existence of PCB's. I had a 13 conversation obviously referred to in this 14 document. 15 16 (Whereupon, Plaintiff's Exhibit 5 was 17 marked for identification and copy of 18 same is attached hereto.) 19 20 Q. You mentioned something about some 21 published information. I show you now 22 Exhibit Number 5, which appears to be a 23 memorandum on the subject of aroclor 44 Miller, Gerald (pltf) in SEWELL HARTOLDMONO017291 1 pollution, AWIC contact, and it's dated May 2 7, 1970. It has Mr. G.W. Miller's name at 3 the top of it. Did you create that 4 memorandum? 5 A. Obviously. 6 Q. Now, in the second paragraph 7 there, it says in part Mr. Crockett and the 8 AWIC staff -- is that Alabama Water 9 Improvement Commission? 10 A. Yes. 11 Q. Staff were totally unaware of 12 published information concerning the 13 aroclors. Is that what you're referring to? 14 A. That's what I said, yes. 15 Q. Do you remember anything about why 16 y'all came to be talking to Mr. Crockett 17 about PCB's? Had there been a problem come 18 up about PCB's, or any issue over PCB's? 19 Did y'all just pick up the telephone and ask 20 if you could come down and talk to him? Do 21 you remember what it was? Do you have any 22 idea why it happened? The FDA perhaps been 23 doing some testing? 45 Miller, Gerald (pltf) in SEWELL HARTOLDMONO017292 1 A. Substantially what I'm going to 2 say to you is conjecture because my memory 3 is not lucid. 4 Q. Okay. 5 A. As best I can remember, this 6 particular meeting that's referred to in 7 this document, we decided that it would be 8 in the best interest of Monsanto to address 9 the state with concerns that we had 10 developed over the past few several months, 11 maybe as much as a year, year and a half or 12 two, concerning PCB's. This letter recalls 13 to my memory that Mr. Crockett of the AWIC 14 was totally unaware of any concerns or 15 associations with PCB. We made him aware of 16 that at this meeting. 17 Q. Do you know what prompted 18 Monsanto's concerns? 19 A. Monsanto had had and continues to 20 have, to the best of my knowledge, a good 21 working relationship with regulatory 22 agencies. They are very up front about what 23 they are doing. They were during my employ, 46 Miller, Gerald (pltf) in SEWELL HARTOLDMONO017293 1 let's put it that way. 2 Q. The plant had been there since the 3 1930's, right? 4 A. That's my understanding, yes. 5 Q. And so do you know of any prior 6 occasion that anybody had gone down to talk 7 to the state of Alabama about PCB's being 8 released? 9 A. Not to my knowledge. 10 Q. My question is do you remember why 11 they went on this occasion? 12 A. As I previously stated, the 13 literature began to report the persistence 14 of PCB's. Monsanto began to investigate the 15 persistence and potentials associated with 16 the persistence of PCB's. In all 17 likelihood, Monsanto elected to contact Mr. 18 Crockett and enlighten him and AWIC about 19 the potential issue. 20 Q. In any event, your recollection is 21 that Mr. Crockett basically said he didn't 22 know much about PCB's? 23 A. Which is understandable. 47 Miller, Gerald (pltf) in SEWELL HARTOLDMONO017294 1 Q. Why is that understandable? 2 A. In the '60's and '70's, the 3 Alabama Water Improvement Commission 4 concentrated with existing rules and 5 regulations and was not involved in research 6 and development programs. 7 Q. Fair to say that they weren't as 8 active back then as they are now? 9 A. Certainly. 10 Q. Didn't have as much manpower back 11 then as they have now? 12 A. Correct. 13 Q. And actually probably didn't have 14 as much expertise back then as they have 15 now? 16 A. Probably. 17 Q. In the third paragraph, 18 referencing Mr. Crockett, it says his 19 recommendations were as follows. One of the 20 items listed there is, quote, "give no 21 statements or publications which would bring 22 the situation to the public's attention", 23 close quote. Is that the situation 48 Miller, Gerald (pltf) in SEWELL HARTOLDMONO017295 1 concerning PCB's being released into Snow 2 Creek and going down to Choccolocco Creek? 3 Is that the situation that's being referred 4 to? 5 A. Apparently from this document, 6 that's the situation, yes. 7 Q. Did y'all all agree down there in 8 Montgomery that that was the best thing to 9 do at the time of that meeting in 1970, that 10 is don't tell the public about this release 11 of PCB's into Snow Creek and Choccolocco 12 Creek? 13 A. The situation relative to PCB and 14 its potential detrimental affects on the 15 environment was not understood at that point 16 in time. Memory serves to remind me that 17 both Monsanto and Mr. Crockett had agreed, 18 as this memo further states, to develop the 19 information and see where we were, 20 collectively. Obviously the statement was 21 made to give no statements or publications 22 to bring this to the public's attention at 23 that point in time. 49 Miller, Gerald (pltf) in SEWELL HARTOLDMONO017296 1 Q. Y'all thought that the public 2 wasn't smart enough to understand it if you 3 told them about PCB's going into the creek; 4 was that the idea? 5 A. It wasn't a matter of the public 6 being able to understand it. We didn't 7 understand it. 8 Q. So you knew there was a chemical 9 going into Snow Creek and Choccolocco Creek 10 about which there had been reports about a 11 problem with, and y'all didn't understand 12 the chemical or the situation too well and 13 y'all decided not to tell anybody about it; 14 is that the idea? 15 MR. PECK: Object to the form of 16 the question. 17 WITNESS: We were aware there was 18 a chemical going into the creek. 19 Q. (BY MR. DAVIS) Which you didn't 20 understand? 21 A. We were unaware as to many of the 22 issues that have come forward since that 23 point in time. 50 Miller, Gerald (pltf) in SEWELL HARTOLDMONO017297 1 Q. You knew you didn't understand it? 2 A. Correct. And does the paper say 3 we agreed not to talk about it? Yes. 4 Q. And not to communicate it to the 5 public that that chemical was being put in 6 Snow Creek and Choccolocco Creek, right? 7 A. Mr. Crockett was a public 8 official. 9 Q. Yes sir, and you weren't, and 10 Monsanto wasn't, and Monsanto agreed that 11 they weren't going to tell the public about 12 it, right? 13 A. Mr. Crockett apparently made the 14 suggestion. 15 Q. But is it fair to say that 16 Monsanto's officials agreed on that date not 17 to tell the public about it? 18 A. That's fair to say. 19 Q. Okay. 20 A. Beyond the notification to AWIC as 21 to what the situation was. 22 Q. Did that -- what's the date of 23 that memo? 51 Miller, Gerald (pltf) in SEWELL HARTOLDMONO017298 1 A. May 7, '70. 2 Q. When did you leave? 3 A. The next year, '71. 4 Q. Do you remember when in '71? 5 A. Toward the end of '71, I don't 6 remember. 7 Q. Did that decision that was made 8 then in May 1970 ever change while you were 9 employed at Monsanto? In other words, did 10 y'all ever decide, hey, we really ought to 11 tell somebody about it, like those people 12 downstream? 13 MR. PECK: Object to the form of 14 the question. 15 WITNESS: I'm not aware of a 16 change in Monsanto's position, or a 17 continuance of same. 18 Q. (BY MR. DAVIS) Are you sure you 19 don't remember anybody ever making an effort 20 to tell people downstream, do you? 21 A. I didn't, and I'm not aware of 22 anyone who did. 23 Q. Y'all in fact kept it a secret, 52 Miller, Gerald (pltf) in SEWELL HARTOLDMONO017299 1 even after you became aware that the levels 2 of PCB's in fish in Choccolocco Creek 3 exceeded the FDA standards, right? 4 MR. PECK: Object to the form of 5 the question. 6 WITNESS: I don't personally have 7 knowledge of when the levels in fish flesh 8 exceeding FDA limits became public knowledge 9 or knowledge to the employees of the 10 company, nor do I have a recollection of 11 when announcement of same was made to the 12 public. 13 Q. (BY MR. DAVIS) Well, you found 14 out that fish in Snow Creek -- excuse me, 15 well, you found out that fish in Choccolocco 16 Creek were exceeding the FDA limits during 17 the time period you were still employed at 18 Monsanto, right? 19 A. I agree that I heard that, or was 20 told that, or saw that during my employment 21 period, yes. 22 Q. And nevertheless, during your 23 employment with Monsanto, y'all never told 53 Miller, Gerald (pltf) in SEWELL HARTOLDMONO017300 1 the public that information? And by the 2 public, I mean people downstream. People 3 who lived downstream or people who fished 4 downstream. 5 MR. PECK: Object to the form. 6 WITNESS: I can only restate that 7 we did inform the public by contacting Mr. 8 Crockett. 9 Q. (BY MR. DAVIS) And y'all agreed 10 in Montgomery to keep it a secret, right? 11 A. That's what the documentation 12 says . 13 Q. Okay. What about the public who 14 was fishing downstream and the people who 15 lived downstream. Y'all never told them 16 during the time period you were employed 17 there, right? 18 A. I did not nor do I have knowledge 19 of anyone who did. 20 21 (Whereupon, Plaintiff's Exhibit 6 was 22 marked for identification and copy of 23 same is attached hereto.) 54 Miller, Gerald (pltf) in SEWELL HARTOLDMONO017301 1 2 Q. Show you now what's been marked as 3 Exhibit Number 6 to your deposition, and ask 4 you if you can identify that for us? What 5 is that, sir? 6 A. It's a letter from Mr. Paul Hodges 7 to Mr. H.S. Bergen dated 7 August, 1970. Qo 9 (Whereupon, Plaintiff's Exhibit 7 was 10 marked for identification and copy of 11 same is attached hereto.) 12 13 Q. And I also show you what's been 14 marked as Exhibit Number 7 to your 15 deposition. Exhibit Number 7 appears to be 16 a memorandum. It says at the top, medical 17 department, August 17, 1970. Has a 18 signature line for Mr. Jack Garrett. Who is 19 Mr. Garrett? 20 A. I don't have any idea. 21 Q. With respect to Exhibit 7, Exhibit 22 7 says in part, "Crockett told me that if 23 this PCB issue hits the Alabama press, the 55 Miller, Gerald (pltf) in SEWELL HARTOLDMONO017302 1 Alabama Water Improvement Commission would 2 be forced to close Choccolocco Creek and the 3 Martin-Logan reservoir to commercial and 4 sports fishing unless we can prove the 5 contamination level does not reach the 6 reservoir". Do you recall Mr. Crockett 7 saying that in substance in the meetings you 8 were at? 9 A. No. 10 Q. Do you know whether Mr. Crockett 11 formed that opinion after he had gotten the 12 publications y'all sent him and after he had 13 gotten information on fish sampling? 14 MR. PECK: Object to the form of 15 the question. 16 WITNESS: I have no knowledge. 17 Q. (BY MR. DAVIS) With regard to 18 Exhibit Number 6, Exhibit Number 6 has, in 19 part, a reference at the bottom, it says, 20 "Joe Crockett, Secretary of the Alabama 21 Water Improvement Commission, will try to 22 handle this problem quietly without release 23 of the information to the public at this 56 Miller, Gerald (pltf) in SEWELL HARTOLDMONO017303 1 time". And I see at the top the notation, 2 confidential, for your information, FYI, and 3 destroy. Do you see that at the top of that 4 memo? 5 A. Yes. 6 Q. Have you ever seen a notation like 7 that on a Monsanto document relating to 8 pollution before, that is the notation at 9 the top of that document where it says 10 confidential, for your information, and 11 destroy? 12 A. I don't recall having seen it. 13 Q. Were your meetings and discussions 14 with Mr. Crockett considered to be 15 confidential as that document says there at 16 the top? 17 MR. PECK: Object to the form of 18 the question. 19 WITNESS: I don't remember what 20 the atmosphere of those conversations -- or 21 that conversation that I attended in 22 Montgomery with Mr. Crockett was, whether it 23 was considered to be confidential. 57 Miller, Gerald (pltf) in SEWELL HARTOLDMONO017304 1 Q. (BY MR. DAVIS) Can you explain to 2 me why a document exists concerning Mr. 3 Crockett and the information about keeping 4 it away from the public with a notation at 5 the top "for your information and destroy"? 6 A. Sir, this was a correspondence 7 between two gentlemen, obviously Monsanto 8 employees. I have no knowledge of and I 9 wasn't copied on it, so I don't have any 10 idea as to why it was marked in such a 11 manner. 12 Q. After some of the meetings with 13 Mr. Crockett, did y'all send him information 14 concerning the levels of PCB's in 15 discharges ? 16 A. I don't have specific recall of 17 that, but in all probability we did. I 18 think we agreed to in this document. 19 20 (Whereupon, Plaintiff's Exhibit 8 was 21 marked for identification and copy of 22 same is attached hereto.) 23 58 Miller, Gerald (pltf) in SEWELL HARTOLDMONO017305 1 Q. Show you now what's been marked as 2 Exhibit Number 8 to your deposition, which 3 appears to be a memoranda dated October 26, 4 1970 from a Mr. Landwehr. Do you know who 5 Mr. Landwehr is? 6 A. Yes. 7 Q. Who is he? 8 A. At this point in time, Mr. 9 Landwehr was the superintendent of the 10 technical services department at Monsanto 11 Anniston. 12 Q. This memorandum from Mr. Landwehr 13 dated October 26, 1970, and marked 14 confidential, it says in part, it says, "In 15 conjunction with this information, a lengthy 16 discussion of the technical complexity of 17 Aroclor or PCB numbers resulted in Mr. 18 Crockett's agreeing that any written 19 effluent level reports would be held 20 confidential by the technical staff, and 21 would not be available to the public until 22 or unless Monsanto released it". My 23 question is did y'all also get an agreement 59 Miller, Gerald (pltf) in SEWELL HARTOLDMONO017306 1 from Mr. Crockett that the information you 2 would send him on the levels of PCB's in 3 discharges would be kept confidential by 4 him, until y'all told him it was okay to 5 release it? 6 A. That's apparently what's stated in 7 this correspondence. 8 Q. Do you remember that? 9 A. No. 10 11 (Whereupon, Plaintiff's Exhibit 9 was 12 marked for identification and copy of 13 same is attached hereto.) 14 15 Q. Show you now what's been marked as 16 Exhibit Number 9 to your deposition, which 17 appears to be a memorandum dated May 12, 18 1969. The subject of aroclors cleanup from 19 plant effluents. Call your attention to 20 page three of that, which says in part 21 this. It says definition of problems 22 external to the plant, "that a problem 23 exists at Anniston is evident because, 60 Miller, Gerald (pltf) in SEWELL HARTOLDMONO017307 1 quote, "free", close quote, globules of 2 aroclors can be seen in Snow Creek". Do you 3 see that? Take a minute and look at that 4 memorandum. The reason I was going to ask 5 you that is you had said earlier that you 6 could look at the discharges and see PCB's 7 in it, and I was curious as to whether you 8 also observed globules of PCB's in Snow 9 Creek? 10 A. I don't specifically remember 11 having been on Snow Creek and observing 12 globules. I did observe globules in the 13 discharge from the plant. 14 Q. Did you ever work in any other 15 Monsanto plant? 16 A. No. 17 Q. Did you ever investigate any 18 pollution or discharges from any other 19 Monsanto plant? 20 A. No. 21 Q. Did you ever investigate or look 22 into in any way problems related to PCB's at 23 any locations other than Anniston? Let me 61 Miller, Gerald (pltf) in SEWELL HARTOLDMONO017308 1 restate that. While you were employed by 2 Monsanto, did you ever go to any customer 3 location and look at any PCB problems, 4 discharge problems, pollution problems, 5 anything like that? 6 A. Not to my recollection. 7 Q. Did you ever do any investigation 8 concerning any PCB problems by any customers 9 at all that you recall? 10 A. As far as discharge problems? 11 Q. Right. 12 A. Not to my knowledge. 13 Q. Were there ever any large spills 14 of PCB's while you were employed by 15 Monsanto? 16 A. Define large. 17 Q. A bunch of PCB's. 18 A. I don't remember any unusual or 19 unusually large spills of PCB's. 20 21 (Whereupon, Plaintiff's Exhibit 10 22 was marked for identification and 23 copy of same is attached hereto.) 62 Miller, Gerald (pltf) in SEWELL HARTOLDMONO017309 1 2 Q. I show you now what's been marked 3 as Exhibit Number 10 to your deposition that 4 actually includes several memos, one dated 5 November 20, 1969, subject, samples from 6 Snow Creek. One dated November 20, 1969, 7 subject, aroclor spill of November 6, 1969. 8 The third dated November 14, 1969, aroclor 9 spill on March 6, 1969. Ask you to look at 10 those for me. 11 A. (Witness complies.) Okay. 12 Q. The last page of that exhibit 13 refers to a failure of an aroclor still 14 receiver and the resulting loss of some 1500 15 gallons of PCB's in the sewer. Would you 16 consider that to be a large loss? 17 A. Substantial. 18 19 (Whereupon, Plaintiff's Exhibit 11 20 was marked for identification and 21 copy of same is attached hereto.) 22 23 Q. Do you know if you would still -- 63 Miller, Gerald (pltf) in SEWELL HARTOLDMONO017310 1 I know you said you left in -- I'm sorry, I 2 withdraw that. Substantial. 1500 gallons. 3 Some of the 1500 gallons I assume would have 4 been recovered either in the limestone area 5 or else where? 6 A. I'm sure. 7 Q. But would it be fair to say that 8 nevertheless, a large amount of PCB's would 9 have ended up at Snow Creek? 10 A. A substantial spill of material 11 would result in the increase of a discharge 12 level. 13 Q. What would you consider to be a 14 large spill of PCB's? 15 A. What would I consider to be a 16 large spill of PCB's? 17 Q. Sure. 18 A. Obviously our thinking is tempered 19 by what we live with today, and in no way 20 reflects my opinion on PCB's. But large 21 spills are tankers -- ocean going tankers. 22 Q. Let me ask you this question. 23 Would you at least agree that that spill was 64 Miller, Gerald (pltf) in SEWELL HARTOLDMON0017311 1 resulted in more than a negligible amount of 2 PCB's entering into Snow Creek? 3 A. Certainly. I classified it as 4 substantial. 5 6 (Whereupon, Plaintiff's Exhibit 12 7 was marked for identification and 8 copy of same is attached hereto.) 9 10 Q. I show you next Exhibit Number 12 11 to your deposition, which appears to be -- I 12 show you now a document which we've marked 13 as Exhibit Number 12 to your deposition, 14 which appears to be a news release, it says 15 for release immediately, 1970. Ask you to 16 look at that. 17 A. (Witness complies.) Okay. 18 Q. Would you agree with me that the 19 statement contained in the final page of 20 that document as follows -- I read you the 21 statement -- it says quote, "Although loss 22 of PCB from our manufacturing plants has 23 been negligible", close quote. Would you 65 Miller, Gerald (pltf) in SEWELL HARTOLDMON0017312 1 agree with me that that statement is 2 inaccurate? 3 A. In the context of 1970, the amount 4 of material that was produced, it was 5 negligible. 6 7 (Whereupon, Plaintiff's Exhibit 13 8 was marked for identification and 9 copy of same is attached hereto.) 10 11 Q. I now show you Exhibit Number 13, 12 which is a copy of a newspaper article from 13 the Anniston Star dated November 22nd, 14 1970. This article reports FDA findings in 15 Choccolocco Creek and Logan Martin, stating, 16 among other things that samples from 17 Choccolocco Creek tested as high as 277 18 parts per million, and in carp in Logan 19 Martin showed 39.6 parts per million and 20 references the FDA standard of five parts 21 per million. Does that refresh your 22 recollection of when the FDA results came 23 out? 66 Miller, Gerald (pltf) in SEWELL HARTOLDMON0017313 1 A. It obviously came out prior to 2 November 22nd of '70. 3 Q. Now sir, do you say then that PCB 4 releases from a plant sufficient to -- let 5 me restate it. Before that article came 6 out, y'all knew those PCB's were in that 7 creek, didn't you, Monsanto knew? 8 A. Is that a statement or question? 9 Q. It's true, isn't it? That's a 10 question. Isn't it true, sir, that those 11 reports were no surprise to Monsanto, that 12 Monsanto already knew PCB's were in 13 Choccolocco and Logan Martin, and were there 14 in excess of the five in million limit? 15 A. By this point in time Monsanto was 16 probably aware of the fact that PCB's were 17 in Snow Creek and Choccolocco Creek. But as 18 far as Logan Martin, I don't know. 19 Q. By what date were you aware of it? 20 A. I have no recollection of the 21 information being distributed to me except 22 for this Anniston Star article and perhaps 23 some other written correspondence that I may 67 Miller, Gerald (pltf) in SEWELL HARTOLDMON0017314 1 have seen. 2 Q. Monsanto had two manufacturing 3 plants for PCB's in this country; is that 4 right? 5 A. That's correct. 6 Q. So when somebody is putting out a 7 press release talking about manufacturing 8 plants for PCB's, one of the only two they 9 must be talking about would have to be 10 Monsanto's plant in Anniston, right? 11 A. One of the two would have to be, 12 yes. 13 Q. And this news release says, quote, 14 "Although loss of PCB's from our 15 manufacturing plant has been negligible", 16 close quote. Do you think it's fair to be 17 putting out press releases saying the loss 18 of PCB's has been negligible when you know 19 that there are hazardous levels -- let me 20 restate it. I'll restate the question. Do 21 you think it's fair, when you know about 22 levels of PCB's in excess of the FDA limits, 23 to be putting out press releases saying the 68 Miller, Gerald (pltf) in SEWELL HARTOLDMON0017315 1 release from the plants has been 2 negligible? 3 MR. PECK: Object to the form of 4 the question. 5 WITNESS: Do I think it's fair? 6 Q. (BY MR. DAVIS) Yes sir. 7 A. I don't know exactly when this 8 press release was put out in 1970. And I 9 don't know -- it's the 16th of July -- and I 10 don't know when the FDA promulgated a 11 regulation. I can't speak to the issue of 12 whether or not it was fair. If I knew that 13 there was a regulation, and I knew that the 14 company that prepared this information knew 15 about the regulation, knew about the levels 16 that they had, if there was an attempt to 17 dupe the public, it was unfair. I can only 18 assure you from having been there, that 19 things were moving quite rapidly in all 20 fronts in 1969 and '70. 21 22 (Whereupon, Plaintiff's Exhibit 14 23 was marked for identification and 69 Miller, Gerald (pltf) in SEWELL HARTOLDMON0017316 1 copy of same is attached hereto.) Zo 3 Q. Show you now what's been marked as 4 Exhibit Number 11 to your deposition, which 5 appears to be a memorandum dated December 7, 6 1970. Call your attention to page ten, 7 which references the Anniston plant PCB 8 levels in sewer. I would ask you to look at 9 that. 10 A. (Witness complies.) Okay. 11 Q. That paragraph references a single 12 day that had a substantial impact on the PCB 13 discharge numbers for the month of November 14 or October -- I'm not sure, but whatever -15 do you have any recollection of that? 16 A. No. 17 Q. Does the document refer to a 18 single day's -- a problem on a single day 19 resulting in something like an 18 pound a 20 day average? 21 A. The document states losses during 22 November averaged 25 pounds per day. One 23 high value accounted for 18 pounds per day. 70 Miller, Gerald (pltf) in SEWELL HARTOLDMON0017317 1 Neglecting this November average would be 2 seven pounds per day. So obviously there 3 was one excursion day that exacerbated a 4 seven pounds per day average up to a monthly 5 average basis of 25 pounds per day. 6 Q. All right. What I've done quickly 7 is take 18, multiply it times 30. 540 8 pounds on one day. Does that seem to be 9 what that document refers to to you? 10 A. That's apparently correct. 11 Q. You said an excursion. What do 12 you mean by that? 13 A. Any value that's substantially 14 different than the norm of a population. 15 Q. Do you think a discharge of 540 16 pounds on a single day would be a large 17 spill into the creek? 18 A. It would be substantially 19 different from the rest of the days of that 20 month. 21 Q. See, the reason I asked you that 22 question was, I refer you back to Exhibit 23 Number 13. Exhibit Number 13 contains in 71 Miller, Gerald (pltf) in SEWELL HARTOLDMON0017318 1 part a statement -- it says this, "Although 2 the equipment devised is designed to keep 3 any gross amounts of material from leaving 4 the plant by accident, large spills of 5 material apparently never occurred". Do you 6 think that's at all misleading, to say a 7 large spill has never occurred, when we are 8 looking at documents on the table, one of 9 which references a 540 pound discharge in 10 November 1970, or October 1970, whenever it 11 was, and another of which we looked at a few 12 minutes ago talked about a 1500 -- I guess 13 it was -- was it pounds or gallons on that 14 occasion? 15 A. Gallons or pounds. I've 16 forgotten. 17 Q. Either way. Do you think it's at 18 all misleading to say there's never been a 19 large spill, or do you think that's just 20 fine and dandy? 21 A. I'll make the comment again that I 22 made before. The context of 1970, which was 23 25 years ago, 400 or 500 pound spills were 72 Miller, Gerald (pltf) in SEWELL HARTOLDMON0017319 1 negligible, insignificant. 2 Q. At least Monsanto regarded them as 3 negligible and insignificant? 4 A. Industry standards. 5 Q. The only people who made PCB's in 6 this country was Monsanto, right? 7 A. As far as I know, yes. 8 Q. Monsanto was the industry, right? 9 A. Right. 10 Q. And Monsanto regarded those kind 11 of spills as negligible; is that right? 12 A. Obviously. 13 Q. Show you now what's been marked as 14 Exhibit Number 14 to your deposition, which 15 appears to be a memorandum dated January 29, 16 1971 on the subject of PCB's in plant 17 effluent. Second paragraph of which states 18 as follows, "During the year as the plants 19 gained tighter control of known sources of 20 PCB pollution, it became increasingly 21 obvious that high levels would continue 22 because of the PCB's trapped in the soil and 23 in the sewer systems". I'll try to read it 73 Miller, Gerald (pltf) in SEWELL HARTOLDMONO017320 1 one more time. "It became increasingly 2 obvious that high levels would continue 3 because of PCB's trapped in the soil and in 4 the sewer systems. Cleanup of these sources 5 can be economically impractical". Do you 6 see that? 7 A. Yes. 8 Q. Did y'all determine that the 9 cleanup of those sources was economically 10 impractical? 11 A. I wasn't involved in the decision. 12 Q. What efforts were made to solve 13 any problems of PCB's trapped in sewers and 14 the soil while you were there? 15 A. To remove PCB's trapped in soils 16 and sewers. I have a vague recollection of 17 some sewer repair being done. 18 Q. We looked earlier at a document 19 concerning the acid sewer, and the condition 20 of the acid sewer. Did y'all replace that 21 sewer? 22 A. I have a recollection of some work 23 being done on the acid sewer system. 74 Miller, Gerald (pltf) in SEWELL HARTOLDMONO017321 1 Q. Does that mean y'all patched it up 2 or y'all replaced it? 3 A. I don't remember. 4 Q. Do you recall any work ever being 5 done on the soils while you were there? 6 A. The substantial portion of the 7 work on the, quote, "soil sewer system" was 8 directed toward enhancing the neutralization 9 pit at a settling collecting facility in the 10 front of the plant. I remember that that 11 facility was more than doubled in size. If 12 memory serves me, there were parallel 13 systems to allow you to operate on one side 14 while you cleaned the other side. Some of 15 these documents refer to controlling spills 16 with absorbent materials. Obviously that 17 practice was underway. 18 Q. Were you ever in the position of 19 making recommendations on what ought to be 20 done to solve problems of PCB discharge? 21 A. My position was more one of 22 execution. 23 Q. In particular with reference to 75 Miller, Gerald (pltf) in SEWELL HARTOLDMONO017322 1 like budgeting, and asking the question of 2 devoting funds. Were you ever involved in 3 that? 4 A. No. 5 Q. Would you have any idea one way or 6 the other whether money was made available 7 as needed to do things or not, whether money 8 was tight or money was plentiful? 9 A. There was a lot of money expended 10 on this issue. As to whether or not it was 11 borrowed money or front pocket money, I have 12 no idea. 13 Q. Do you have any idea how much 14 money was spent? 15 A. It would be strictly a guess. A 16 quarter of a million dollars, a half million 17 dollars. 18 19 (Whereupon, Plaintiff's Exhibit 15 20 was marked for identification and 21 copy of same is attached hereto.) 22 23 Q. A quarter to a half million 76 Miller, Gerald (pltf) in SEWELL HARTOLDMONO017323 1 dollars is your best judgment? 2 A. It's a guess. Not being privy to 3 the financial information, I really have no 4 idea. 5 Q. I show you now what's been marked 6 as Exhibit Number 15 to your deposition, 7 which appears to be in part some minutes 8 from a board of directors meeting for the 9 Monsanto corporation from May 1969. It 10 references expending $1.1 million for 11 expansion of the solid aroclor facilities at 12 the Anniston plant. Do you have a 13 recollection of substantial money being 14 spent to expand those facilities in that 15 time period? 16 A. A substantial money was spent. I 17 don't have any idea how much. 18 Q. We were talking a minute ago to 19 about money being spent for the cleanup. 20 What I'm asking you now is money being spent 21 to expand the aroclor operations? 22 A. It had been expanded. At what 23 cost I don't know. 77 Miller, Gerald (pltf) in SEWELL HARTOLDMONO017324 1 Q. Is it fair to say that a whole lot 2 more money was spent expanding the 3 production capacity and the operations in 4 general than was ever spent on any remedial 5 cleanup operation? 6 MR. PECK: Object to the form of 7 the question. 8 WITNESS: I can't comment on that 9 because I don't have any dollar value 10 associated with either one. I simply 11 guessed for you on what I saw. 12 Q. (BY MR. DAVIS) During the time 13 period you were with Monsanto, were there 14 ever any efforts made to clean up Snow 15 Creek? Get any of the PCB's that had been 16 discharged into Snow Creek out of Snow 17 Creek, or the sediment of Snow Creek, or 18 anything like that? 19 A. I don't remember physical methods 20 being applied on Snow Creek to remediate, 21 remove. 22 Q. I want to distinguish and be sure 23 we're distinguishing efforts to reduce the 78 Miller, Gerald (pltf) in SEWELL HARTOLDMONO017325 1 amounts of PCB's going into Snow Creek from 2 efforts to clean up those that were already 3 there. You don't recall there ever being 4 any effort made while you were at Monsanto 5 to cleanup PCB's that had previously been 6 discharged into Snow Creek, do you? 7 A. I have no recollection of that. 8 Q. That would be the same with 9 respect to Choccolocco Creek, correct? 10 A. Yes. 11 Q. Were you ever involved in any way 12 in responding to inquiries about the hazards 13 of PCB's received in writing? For example, 14 somebody wrote the plant and said I'm 15 worried? 16 A. I don't recall ever having done 17 so. Perhaps I did, but I don't recall it. 18 Q. Well, I'll ask somebody else about 19 that then. 20 A. Okay. 21 Q. Did you say you did a little work 22 for Monsanto after you left there? 23 A. Yes. 79 Miller, Gerald (pltf) in SEWELL HARTOLDMONO017326 1 Q. What was that about? 2 A. As recollection serves, in the 3 late 1970's, Guardian calibrated some S02 4 monitors for them -- Monsanto. 5 Q. While you were involved with 6 Monsanto, did you ever have any involvement 7 with PCDF? 8 A. With who? 9 Q. PCDF. Instead of PCB's, PCDF? 10 A. What are PCDF? 11 12 (Whereupon, Plaintiff's Exhibit 16 13 was marked for identification and 14 copy of same is attached hereto.) 15 16 Q. Show you now what's been marked as 17 Exhibit Number 16 to your deposition. It 18 appears to be a memorandum dated October 26, 19 1970, from a Mr. Papageorge. Do you know 20 who Mr. Papageorge is? 21 A. Yes. 22 Q. Who is he -- was he -- I guess he 23 still is? 80 Miller, Gerald (pltf) in SEWELL HARTOLDMONO017327 1 A. At that time Papageorge was in the 2 general office in St. Louis. 3 Q. There's a reference in the first 4 paragraph there to dibenzofurans in 5 aroclors. That's really what I was 6 referring to. 7 A. I'm not aware of it. 8 Q. Did you ever become -- did you 9 ever learn anything about PCDF being present 10 in PCB's while you were at Monsanto -- do 11 you have any knowledge of that subject one 12 way or the other? 13 A. No knowledge. 14 Q. With your present company, you all 15 don't do any work with PCDF's? Y'all don't 16 test for PCDF? 17 A. To my knowledge we've never had a 18 request to do it. 19 Q. Y'all's position generally is that 20 if folks pay you, y'all will test for 21 anything I suppose? 22 A. We will try. 23 Q. Are you aware of any PCB 81 Miller, Gerald (pltf) in SEWELL HARTOLDMONO017328 1 contaminated solid waste from the Monsanto 2 plant at Anniston going anywhere other than 3 to the landfill across the street? 4 A. No. 5 Q. I ask you in particular about the 6 concept of putting any of that on dirt roads 7 to keep down dust or anything like that? 8 Have you ever heard of anything like that 9 happening at Anniston? 10 A. The best of my knowledge, all 11 solid waste was disposed of in the plant 12 landfill. 13 Q. At least that's your recollection 14 during the time period you were there? 15 A. That's correct. 16 Q. Do you have any recollection of a 17 dead pig being found at the landfill -18 being sent off for analysis of PCB's? 19 A. I missed the pig. 20 Q. Sometimes around chemicals I see 21 glass containers, and ceramic items, and 22 things like that. With regard to PCB and 23 their effect on metal, or plastic, or 82 Miller, Gerald (pltf) in SEWELL HARTOLDMONO017329 1 whatever, how are PCB's in that regard? We 2 talked about acid corroding pipes awhile 3 ago. What about PCB's? Do they corrode 4 pipes? Do they mess up rubber and plastic? 5 A. PCB's-- address metals first. 6 Well, there are attributes of a noncorrosive 7 nature. They are put in things like 8 transformers and capacitors and leave them 9 there for literally decades without any 10 difficulty being associated of corrosion. 11 Once you get past metals and you get into 12 plastics and rubbers and glass, they can sit 13 there forever with PCB's in it, no problem. 14 Glass and rubbers -- rubbers and 15 plastics, you're into a plethora of 16 different compounds. It would be very 17 difficult to make a comment as to the 18 longevity of a particular plastic or a 19 particular rubber contact with PCB's. 20 Q. Will some kind of PCB's that were 21 manufactured at Anniston effectively mess up 22 rubber gloves or rubber boots? 23 A. Would it mess it up? 83 Miller, Gerald (pltf) in SEWELL HARTOLDMONO017330 1 Q. Mess up may not be the best word 2 in the world. 3 A. I've heard of PCB's being used as 4 a plasticizer. 5 Q. What does that mean? 6 A. That's what makes a rubber glove 7 bend and not break. 8 Q. What does that mean? Does it mean 9 it will damage a rubber glove or won't 10 damage a rubber glove? 11 A. In correct concentration it's what 12 you want. Too much, quote, "damages" it. 13 Q. I see what you're saying. In the 14 right concentration, it might give the 15 flexibility to the rubber glove you wanted, 16 but in too much concentration, it might, in 17 effect, melt it? 18 A. It's possible. 19 Q. You had mentioned sort of -- I 20 don't know if settling pond is a fair way to 21 describe it, or limestone, whatever they 22 are. Can you describe what was there when 23 you got there and what was there when you 84 Miller, Gerald (pltf) in SEWELL HARTOLDMONO017331 1 left, and what the differences were, if any? 2 A. I don't know exactly what was 3 there when I got there. When I left, I do 4 know the size and capacity and settling 5 phenomenon associated with that facility had 6 been greatly enhanced. Now, as to whether 7 or not it was lined or it wasn't lined, I 8 don't remember. 9 Q. Do you know who did the work on 10 that expansion? 11 A. I do remember that there was an 12 elderly gentleman who had a contracting 13 company. And he frequently was called in to 14 assist in excavation, hauling kinds of 15 phenomenon. 16 Q. With regard to that settling pond, 17 let's talk about rubber boots for a minute. 18 Were there also things in there that might 19 damage rubber boots in addition to PCB's or 20 not? I don't know whether -21 A. I don't know either. 22 Q. The settling ponds, while you were 23 there, what was contained in them? I assume 85 Miller, Gerald (pltf) in SEWELL HARTOLDMONO017332 1 there's a liquid contained in them? 2 A. Correct. 3 Q. Was it -- I'm trying to get an 4 idea about what that liquid was like. Did 5 y'all ever do any testing on it? 6 A. The majority of the liquid 7 contained in it was water. 8 Q. Did y'all ever do testing on it? 9 A. I'm sure that there was testing 10 done on it. In fact, if you will permit 11 your man to go off the record, I'll tell you 12 a funny incident. It has no bearing on this 13 case. 14 MR. DAVIS: It's fine with me if 15 it's okay with Adam. 16 MR. PECK: Fine with me. Off the 17 record. 18 19 (Whereupon, a discussion was held off 20 the record.) 21 22 Q. (BY MR. DAVIS) Did you ever see 23 anybody walk in one of those ponds, on the 86 Miller, Gerald (pltf) in SEWELL HARTOLDMONO017333 1 edges of the pond in the water? 2 A. Walk, no. 3 Q. Of course I don't know, there may 4 have been a drop off ten feet or it might've 5 been shallow. Was it shallow enough you 6 could walk? 7 A. It was primarily an excavated area 8 that was filled with limestone. I presume, 9 based on my recollection, that you could 10 have walked across it. 11 Q. But you don't remember seeing 12 anybody do that? 13 A. No. 14 Q. Before the pond was expanded, did 15 you ever see anybody put a little small boat 16 on it? 17 A. No. 18 Q. And before it was revised, did you 19 ever see anybody walk on it -- walk around 20 the edges of it? 21 A. I have no memory of anybody 22 walking on it, period. 23 Q. I know I asked you about other 87 Miller, Gerald (pltf) in SEWELL HARTOLDMONO017334 1 locations. I'll ask you specifically about 2 Escambia, Pensacola, and their PCB problem 3 down in there. Did you ever have anything 4 to do with a PCB problem in that area? 5 A. No. 6 Q. I ask you specifically about the 7 other manufacturing plant in Illinois. Did 8 you ever have anything to do with PCB's 9 being discharged up there? 10 A. Nothing. 11 Q. Did you ever have any 12 communications with anybody from the other 13 plant concerning whether they had any 14 problems with the release of PCB's? 15 A. No. 16 Q. Did you ever talk to anybody at 17 Monsanto about a problem at Escambia or 18 Pensacola? 19 A. No. 20 Q. Do you know anything concerning 21 any source for PCB's in Choccolocco Creek or 22 Logan Martin, other than the Monsanto 23 plant? In other words, did y'all ever do 88 Miller, Gerald (pltf) in SEWELL HARTOLDMONO017335 1 any investigation, ever look into anything 2 like that? Any conclusions at all that 3 somebody else may have contributed to it 4 that you can recall? 5 A. I don't know of any investigation, 6 but it's obvious that many users of PCB 7 containing products were contained in that 8 water shed -- or existed in that water shed. 9 Q. I understand you might -- in 10 general, I suppose, lots of people -- let me 11 restate the question. Withdraw that 12 question. Do you know -- while you were 13 with Monsanto, did you ever do any 14 investigation and reach any conclusions 15 about any particular people that might have 16 put any PCB's into that -- into Snow Creek, 17 Choccolocco Creek, or Logan Martin? 18 A. No. 19 Q. Since you have dealt some with PCB 20 kind of questions perhaps since you've been 21 gone from there, I ask you the same question 22 about since you left Monsanto. Do you know 23 anything about anybody putting PCB's into 89 Miller, Gerald (pltf) in SEWELL HARTOLDMONO017336 Snow Creek, Choccolocco Creek, or Logan Martin that you learned since you left Monsanto 7 A. I have no knowledge. Q. Have you ever owned, leased, or rented a lake house on Logan Martin? A. Have I? Q. Yes. A. Yes. Q. When was that? A. Late '70's I guess. Q. Ever eaten any fish out of Snow Creek, Choccolocco Creek, or Logan Martin? A. Certainly. Q. You have? A. Certainly. Q. Which one of those? A. Which one of those sources? Q. Yes. A. As I explained to you earlier, the only one I can assure you of is it was out of Logan Martin. Now, whether it was out of Choccolocco Creek I have no idea. 90 Miller, Gerald (pltf) in SEWELL HARTOLDMONO017337 1 Q. When is the last time you ate any 2 fish out of Logan Martin? 3 A. Probably a year ago. 4 Q. Can you give me any idea how many 5 times we're talking about you've eaten fish 6 out of Logan Martin? Total times. How many 7 times a year? How many fish? Have you 8 eaten a few fish out of Logan Martin? 9 A. I have a friend who is a fisherman 10 who consistently, with some degree of 11 frequency, but not regularity, brings me 12 fish. I am suspicious that the predominance 13 of his fishing is done in Logan Martin. 14 Q. But you're not certain; is that 15 the idea, where it comes from one way or the 16 other? 17 A. I'm reasonably certain it comes 18 from Logan Martin. 19 Q. Do you know where in Logan Martin 20 he fishes? 21 A. I have no idea. I receive wrapped 22 filets. 23 Q. Give me your best judgment on how 91 Miller, Gerald (pltf) in SEWELL HARTOLDMONO017338 1 many times a year we're talking about and 2 how many years. 3 A. Three or four times a year. 4 Q. Three or four times a year, and 5 how many years? 6 A. 15, 20. 7 Q. I suppose it would be fair to say 8 you've never eaten any fish out of Snow 9 Creek? 10 A. I'm not aware of ever having eaten 11 any out of Snow Creek. 12 MR. DAVIS: Let's take a break for 13 a minute. 14 15 (Whereupon a brief recess was had in 16 the deposition.) 17 18 Q. (BY MR. DAVIS) Referring you back 19 for a moment to Exhibit Number 16 and the 20 question about dibenzofurans or PCDF's, 21 there's a sentence in that memorandum, 22 actually the last sentence says, "The 23 Anniston plant should design and execute a 92 Miller, Gerald (pltf) in SEWELL HARTOLDMONO017339 1 program for determining the source of these 2 contaminants". And there are two or three 3 contaminants listed. One is PCDF's. I just 4 wanted to be sure that I really fully 5 covered that area. That is that you don't 6 remember anything at all about any 7 investigation into PCDF's at the Anniston 8 plant? 9 A. I think I demonstrated to you 10 earlier in this conversation I had never 11 heard of it until you mentioned it. 12 Q. In order to -- let me ask you a 13 couple of specific questions. You don't 14 recall then, for example, anybody at 15 Anniston ever doing any testing about how 16 much PCDF's were contained in PCB's, or any 17 form of PCB's? 18 A. No. 19 Q. You don't recall then any analysis 20 of the discharge into Snow Creek to 21 determine whether there were any PCDF's in 22 it? 23 A. No. 93 Miller, Gerald (pltf) in SEWELL HARTOLDMONO017340 1 MS. ARENBERG: Either 2 contaminants, anything that made aroclors 3 impure, or that y'all had to look out for? 4 Were there any contaminants like that? 5 Q. (BY MR. DAVIS) Let me ask another 6 question. She's not supposed to be asking 7 questions in the middle of my deposition. 8 One of these days Adam will get upset about 9 it. So let me ask you, let's talk about 10 other kinds of contaminants in PCB's. Do 11 you remember any investigation into other 12 kinds of contaminants in PCB's at all, 13 whether it be PCDF's or anything else? 14 A. No. 15 Q. You were head of the lab during 16 what time period at Monsanto Anniston plant? 17 A. About '66, '67. 18 Q. After that, you were -- and you 19 told me, I've forgotten? 20 A. Production supervisor. 21 Q. For aroclors, for PCB's? 22 A. For PCB's. 23 Q. If anybody at Anniston had been 94 Miller, Gerald (pltf) in SEWELL HARTOLDMONO017341 1 looking into the question of PCDF's, do you 2 think you would have known about it? 3 A. I'm reasonably sure I would have 4 known about it. 5 Q. With regard to the production of P 6 -- with regard to the production of PCB's 7 at Anniston, we looked at Exhibit 15, which 8 appears to be part of some minutes of a 9 board of directors meeting talking about 10 spending $1.1 million for expansion of the 11 solid aroclor facilities. By the way, that 12 says solid aroclor facilities. You got 13 liquid aroclor facilities and solid aroclor 14 facilities ? 15 A. Correct. 16 Q. Had you had solid aroclor 17 facilities for a long time? 18 A. They were there when I got there, 19 yes. 20 Q. Can you tell me what the uses are 21 for liquid aroclors versus solid aroclors in 22 general? How come y'all made each? 23 A. The primary function -- or primary 95 Miller, Gerald (pltf) in SEWELL HARTOLDMONO017342 1 use for liquid aroclors was electrical 2 insulating fluids, extremely high 3 temperatures and stable E-transfer fluids. 4 The solid aroclors were primarily used as 5 extenders and modifiers to other compounds 6 to enhance them with fire retardants or 7 plasticity. 8 Q. Like some kind of rubber product 9 10 A. To be add mixed with something 11 else to produce some final product. They 12 themselves were not the final product. 13 Q. Could you give me a couple of 14 examples ? 15 A. No, I don't remember any. 16 Q. But things other than transformers 17 anyway? 18 A. Solid aroclors were solid crystal 19 in materials. 20 Q. What you needed to transform them 21 was a liquid? 22 A. A liquid. 23 Q. After these board minutes dated 96 Miller, Gerald (pltf) in SEWELL HARTOLDMONO017343 1 May 1969, referring to spending the $1.1 2 million for expansion of the solid aroclor 3 facility at the Anniston plant, after that 4 date, and before you left there, were those 5 facilities in fact being expanded? 6 A. Yes. 7 Q. Was the production of those solid 8 aroclors increasing? More solid aroclors 9 being produced than had been produced 10 before? 11 A. Correct. 12 Q. More solid aroclors being produced 13 than had ever been produced by Monsanto, at 14 least during the time period you had been 15 there? 16 MR. PECK: Object to the form. 17 Foundation. 18 WITNESS: As far as I know, yes. 19 MR. DAVIS: That's all the 20 questions I have. Thank you, sir. 21 MR. PECK: He would like to read 22 and sign it. 23 FURTHER DEPONENT SAITH NOT 97 Miller, Gerald (pltf) in SEWELL HARTOLDMONO017344 1 CERTIFICATE 2 3 STATE OF ALABAMA ) 4 JEFFERSON COUNTY ) 5 6 I hereby certify that the above 7 and foregoing deposition was taken down by 8 me in stenotype, and the questions and 9 answers thereto were transcribed by means of 10 computer-aided transcription, and that the 11 foregoing represents a true and correct 12 transcript of the testimony given by said 13 witness upon said hearing. 14 I further certify that I am 15 neither of counsel, nor of kin to the 16 parties to the action, nor am I in anywise 17 interested in the result of said cause. 18 19 20 MAURICE LAPIDUS 98 Miller, Gerald (pltf) in SEWELL HARTOLDMONO017345 [& - admissible] Transcript Word Index & 1989 & 22:1,2 5:3,7,11,156:7___________ 1995 1:22_________________ 1 2 1 3:8 13:17,22 22:13,14 2 41:17 3:9 21:6,11 41:17 1.1 20 77:10 95:10 97:1 63:5,6 92:6 10 20th 3:17 62:21 63:3 1:21 6:8 11 21 3:18 63:19 70:4 3:9 12 22nd 3:19 60:17 65:6,10,13 66:13 67:2 13 25 3:8,20 66:7,11 71:23,23 13:14 70:22 71:5 72:23 14 250 3:21 63:8 69:22 73:14 21:23 22:4,5 15 26 1:22 3:22 76:19 77:6 92:6 59:3,13 80:18 95:7 277 1500 66:17 63:14 64:2,3 72:12 29 15th 73:15________________ 21:20 3 16 3 3:23 21:21 80:12,17 92:19 3:1032:6,11 41:17 16th 30 69:9 13:23 71:7 17 300 55:17 5:16 18 30th 70:19,23 71:7 21:20 1930's 31 47:3 32:13 1960's 3100 16:5 24:8 1:21 5:4,8,12 6:8 1964 32 7:19 8:21 3:10 1968 35203 32:13 5:5,9,13,17 1969 39.6 22:3 60:18 63:5,6,7,8,9 66:19________________ 69:20 77:9 97:1 4 1970 21:21 41:11 45:2 49:9 52:8 4 55:7,17 59:4,13 65:15 66:3 66:14 69:8 70:6 72:10,10 72:22 80:19 1970's 80:3 3:11 41:3,7,19 400 72:23 41 3:11 1971 7:19 14:1 73:16 420 1:21 6:8 44 3:12 45 9:17____________________ 5 5 3:12 44:16,22 500 72:23 54 3:13 540 71:7,15 72:9 55 3:14 58 3:15____________________ 6 6 3:13 54:21 55:3 56:18,18 63:7,9 60 3:16 60's 12:19 16:13,23 17:5,12 20:23 22:19 48:2 62 3:17 63 3:18 65 3:19 66 3:20 94:17 67 94:17 69 3:21____________________ 7 7 3:4,14 45:2 52:1 55:7,9,14 55:15,21,22 70:5 70 52:1 67:2 69:20 70's 9:21 48:2 90:11 71 8:21 52:3,4,5 76 3:22 778 1:5 4:7__________________ 8 8 3:15 58:20 59:2 80 3:23___________________ 9 9 3:1660:11,16 9:05 6:9 90 25:10 94 1:5 4:7_________________ a a.m. 6:9 able 14:7 19:17 50:6 absorbent 75:16 academy 43:6,9 accident 72:4 accomplished 25:22 accounted 70:23 acid 22:22 36:15,23 37:3,9,22 38:2,10,18 74:19,20,23 83:2 acidity 25:1 acting 6:2 action 98:16 actions 18:13 active 43:6 48:8 adam 5:16 86:15 94:8 add 96:10 added 6:21 addition 85:19 additional 18:12 20:22 22:7,18 address 46:8 83:5 admissible 19:15 Miller, Gerald (pltf) in SEWELL HARTOLDMONO017346 [admit - brief] admit anybody asks b 30:21 31:1 11:23 28:3 29:10 33:22 31:6 back advent 47:6 50:13 52:19 86:23 aspect 22:13 23:11 24:11 48:8,10 17:8 87:12,15,19,21 88:12,16 38:3 48:14 71:22 92:18 agencies 89:23 93:14 94:23 assign background 46:22 anybody's 2:10 7:23 8:7 ago 11:16 assist backhoe 13:14 72:12,23 77:18 83:3 anyway 85:14 25:22 91:3 96:17 associated based agree anywise 27:13 29:2,17,21 31:21 87:9 49:7 53:19 64:23 65:18 98:16 47:15 78:10 83:10 85:5 basically 66:1 apparently associations 47:21 agreeable 49:5 51:13 60:6 71:10 72:5 46:15 basis 7:4,6 appearing assume 20:21 71:5 agreed 5:5,9,13,18 24:12 39:14 41:12 64:3 bearing 1:162:1,6,1549:1751:3,10 appears 85:23 86:12 51:16 54:9 58:18 13:23 14:2,14,16 32:12 assure began agreeing 44:22 55:15 59:3 60:17 69:18 90:21 16:547:13,14 59:18 65:11,14 70:5 73:15 77:7 ate beginning agreement 80:18 95:8 91:1 6:9 59:23 applied atmosphere behalf aided 78:20 57:20 5:5,9,13,18 98:10 appropriate attached bend alabama 30:20 13:1921:8 32:841:5 44:18 84:7 1:2,22 4:2 5:5,9,13,17 6:2,9 approximate 54:23 55:11 58:22 60:13 bergen 43:6,9 45:8 47:7 48:3 55:23 20:20 62:23 63:21 65:8 66:9 70:1 55:7 56:1,20 98:3 approximately 76:21 80:14 best allow 8:15,22 attempt 25:14,21 37:20 46:5,8,20 75:13 april 69:16 49:8 77:1 82:10 84:1 91:23 allows 21:20 attend beyond 39:12 ar 28:8 30:3 35:1 51:20 amount 1:5 4:7 attended big 16:12 20:20 64:8 65:1 66:3 area 57:21 9:16 amounts 22:22 28:9,14 29:11,14 attention bill 18:6 72:3 79:1 37:7 39:23 64:4 87:7 88:4 48:22 49:22 60:19 70:6 14:9,11 analysis 93:5 attributes birmingham 82:18 93:19 areas 83:6 1:22 5:4,8,12,17 6:2,9 analytical 28:15 39:6 august bit 9:10,14 15:6 17:6 18:15 arenberg 55:7,17 11:1022:12 19:2 5:12 94:1 availability board analyzing aroclor 18:15 77:8 95:9 96:23 33:16 12:9 21:16,17,1932:14 available boat anniston 36:12 44:23 59:17 63:7,8 59:21 76:6 87:15 21:19 23:17,20 32:23 35:10 63:1377:11,21 95:11,12,13 average body 41:9 59:11 60:23 61:23 95:13,16 97:2 70:20 71:1,4,5 27:14 66:13 67:22 68:10 70:7 aroclors averaged boots 77:12 82:2,9 83:21 92:23 45:13 60:18 61:2 81:5 94:2 21:21 70:22 83:22 85:17,19 93:7,15 94:16,23 95:7 97:3 94:21 95:21,21 96:1,4,18 aware borrowed announcement 97:8,8,12 11:18 16:19 18:1734:1,10 76:11 53:11 article 34:15 46:15 50:17 52:15,21 bottom answer 66:12,14 67:5,22 53:1 67:16,19 81:7,23 56:19 31:14 asked 92:10 break answered 11:8 28:4 32:18 71:21 awhile 36:2 84:7 92:12 32:1 87:23 12:12 83:2 brief answers asking awic 36:4 92:15 98:9 76:1 77:20 94:6 45:1,8 46:13 47:18 51:20 Miller, Gerald (pltf) in SEWELL HARTOLDMONO017347 [bring - content] bring 48:21 49:22 brings 91:11 broader 11:10 bs 8:8 budgeting 76:1 building 40:6 buildings 40:2 bunch 62:17 buried 25:16 burn 27:17,18 burr 5:3,7,11 6:7 business 44:1,5 c calibrated 80 call 60 19 70 6 called 9 9 17 6 85 13 capacitors 83'8 capacity 78 3 85 4 capture 178 carp 6618 carry 23:1,21 case 15 47 86 13 cause 6:10 23:5 98:17 rancprl 2823 caution 2713 center 517 ceramic 8221 certain 91:14,17 certainly collecting 16:2 25:5 35:15 39:4 41:1 75:9 48:9 65:3 90:14,16 collectively certify 49:20 6:3 98:6,14 colleges change 43:13 52:8,16 coming charge 19:18 13:10 comment chemical 72:21 78:8 83:17 8:1 9:12 50:8,12,18 51:5 commercial chemicals 9:14 10:5 56:3 82:20 commission chemist 45:9 48:3 56:1,21 8:4,5 12:6,12 commissioner chemistry 1:20 2:16 4:22 6:3 8:109:11,1426:16,18 communicate chief 51:4 12:12 communications chloride 88:12 36:13,16 community choccolocco 11:1328:10 12:1 23:15 28:16,19,21 company 29:5 30:17,23 34:3 35:14 1:124:169:9,16 10:20 35:16,17,20 49:2,11 50:9 11:1430:1531:5,18,20 51:6 53:2,15 56:2 66:15,17 53:1069:1481:1485:13 67:13,17 79:9 88:21 89:17 comparable 90:1,13,23 21:23 chores complexity 39:4 59:16 chromotography compliance 17:7 2:2 citizens complies 28:9 30:6 41:22 63:11 65:17 70:10 city compound 11:1223:15,18,20 24:5 19:13,14 35:10 compounds civil 17:9 27:11,12 83:1696:5 6:4 computer classified 98:10 65:3 concentrated clean 48:4 78:14 79:2 concentration cleaned 13:1284:11,14,16 39:7 75:14 concentrations cleanup 10:6 18:7 10:16 39:1,3 60:18 74:4,9 concept 77:19 78:5 79:5 82:6 clear concerning 13:15 19:14 10:21 16:7,22 22:19 26:3 close 26:16 44:12 45:12 46:12 8:5 48:23 56:2 61:1 65:23 49:1 58:2,14 62:8 74:19 68:16 88:13,20 collected concerns 37:10 46:9,14,18 concerted 16:11,17 concluding 33:4 conclusions 89:2,14 condition 22:14,17,21 74:19 confidential 57:2,10,15,23 59:14,20 60:3 configuration 39:22 conjecture 46:2 conjunction 59:15 connected 10:3 11:15 connection 10:15 30:2 32:22 35:4 42:5 44:1,4 consider 63:1664:13,15 considerable 21:22 considered 57:14,23 consistently 20:4 91:10 contact 44:7 45:1 47:17 83:19 contacting 54:7 contacts 44:9 contain 24:21 contained 19:19 24:23 36:16 38:20 39:8 65:19 85:23 86:1,7 89:7 93:16 containers 82:21 containing 89:7 contains 71:23 contaminants 93:2,3 94:2,4,10,12 contaminated 39:16,18 40:7 82:1 contamination 56:5 content 10:12 33:16 Miller, Gerald (pltf) in SEWELL HARTOLDMONO017348 [context - difficulty] context couple dandy department (cont.) 66:3 72:22 93:13 96:13 72:20 59:10 continuance course date deponent 52:17 41:13 87:3 6:341:1051:16,22 67:19 97:23 continue court 97:4 deposition 73:21 74:2 1:1 2:34:1 6:1,6,18 dated 1:182:1,12,16 13:22 21:11 continues covered 13:23 32:13 45:1 55:7 59:3 32:12 36:5 41:8 55:3,15 46:19 93:5 59:13 60:17 63:4,6,8 66:13 59:2 60:16 63:3 65:11,13 contracting crawled 70:5 73:15 80:18 96:23 70:4 73:14 77:6 80:17 85:12 40:20 dates 92:16 94:7 98:7 contributed create 7:17 depositions 89:3 45:3 davis 2:4 control created 3:4 5:4 6:20 7:5,8 22:3 describe 15:11 73:19 14:8 32:10 33:13 36:1,7 50:19 16:6 36:7,21 39:2 84:21,22 controlling creek 52:18 53:13 54:9 56:17 design 75:15 12:1,2 20:1824:11,14,18 58:1 69:6 78:12 86:14,22 92:23 conversation 28:15,16,19,22 29:4,5 92:12,18 94:5 97:19 designed 30:11 44:13 57:21 93:10 30:17,18,22 31:2 32:4 34:3 day 24:20 72:2 conversations 34:3 35:14,16,17,20 36:22 21:21,23 70:12,18,20,22,23 destroy 57:20 39:20 40:17 49:2,2,11,12 71:2,3,4,5,8,16 57:3,11 58:5 copied 50:3,9,9,18 51:6,6 53:2,14 days detail 34:18,21 58:9 53:16 56:2 61:2,9,11 63:6 71:19 94:8 36:8 copy 64:9 65:2 66:15,17 67:7,17 day's detection 13:1821:732:7 41:444:17 67:1771:1778:15,16,17,17 70:18 15:7 17:7,9 54:22 55:10 58:21 60:12 78:20 79:1,6,9 88:21 89:16 dead determination 62:23 63:21 65:8 66:9,12 89:17 90:1,1,13,13,23 92:9 82:17 15:8 70:1 76:21 80:14 92:11 93:20 dealing determine corporation crockett 14:14,16 16:12,18 74:8 93:21 8:17 77:9 42:1,2,22 43:5,17,22 44:4,7 dealt determining correct 44:9,11 45:7,16 46:13 26:23 89:19 93:1 7:16 14:5 21:18 27:21 28:2 47:18,21 48:18 49:17 51:7 decades detrimental 28:7 29:8 32:17 34:23 51:13 54:8 55:22 56:6,10 83:9 49:14 38:19,21 39:1740:1441:18 56:20 57:14,22 58:3,13 december develop 48:12 51:2 68:5 71:10 79:9 60:1 32:13 70:5 49:18 82:15 84:11 86:2 95:15 crockett's decide developed 97:11 98:11 59:18 52:10 17:6 31:22 46:10 correspondence crystal decided developing 34:18 58:6 60:7 67:23 13:14 96:18 46:7 50:13 15:5,6 corrode curious decision development 83:3 61:7 52:7 74:11 48:6 corroded customer defendant device 22:23 10:9 62:2 1:134:175:18 39:11 corroding customers define devised 83:2 62:8 62:16 72:2 corrosion cv definition devoting 23:4 83:10 1:5 4:7 60:21 76:2 cost 77:23 counsel 1:182:7,96:798:15 countries 17:23 country 17:20 68:3 73:6 county 98:4 d d.d.t. 17:13,15 18:1 daily 20:21 damage 84 9 10 85 19 damages 84:12 degree 26:17 39:9 91:10 degrees 43:12 demand 37:4,13 demonstrated 93:9 department 12:9 14:1241:9 55:17 dibenzofurans 81:4 92:20 differences 85:1 different 71:14,1983:16 difficult 83:17 difficulty 83:10 Miller, Gerald (pltf) in SEWELL HARTOLDMONO017349 [dinner - existed] dinner dollars 43:14 76:16,17 77:1 direct doubled 33:22 34:19 75:11 directed downstream 75:8 52:12,20 54:2,3,4,14,15 direction drains 33:18,20 40:1,3,4,8 directors drop 77:8 95:9 87:4 dirt drums 82:6 25:18 discharge duly 13:4,7,13 15:11,15,21 16:8 6:15 16:13,18 19:6,8 20:1,12,13 dump 23:16,21 36:9,10 61:13 11:13,13,14,1625:22 62:4,1064:11 70:1371:15 dumped 72:9 75:20 93:20 25:20 discharged dumps 14:22 18:23 20:20 25:2 11:20 31:8 32:3 36:18 37:10 39:7 dupe 42:6 78:16 79:6 88:9 69:17 discharges dust 12:14 17:1 18:9 30:4,7,9,16 82:7 30:22 31:2 58:15 60:3 61:6 dyer 61:18 7:3_____________________ discussion e 59:16 86:19 discussions earlier 61:5 74:18 90:20 93:10 35:2 57:13 east disposed 82:11 distinguish 78:22 distinguishing 20:16 26:1 eastern 1:3 4:3 eaten 90:12 91:5,8 92:8,10 78:23 economically distributed 67:21 district 1:1,2 4:1,2 6:5 division 74:5,9 edges 87:1,20 educational 7:23 8:6 1:3 4:3 document 13:23 14:1941:1244:14 46:7 49:5 57:7,9,15 58:2,18 65:12,20 70:17,21 71:9 effect 2:2 82:23 effectively 83:21 effluent 84:17 74:18 36:19 59:19 73:17 documentation 54:11 effluents 60:19 documents 72:8 75:15 doing effort 16:12,17 33:21 52:19 79:4 efforts 9:3,6 22:18 45:23 46:23 93:15 74:12 78:14,23 79:2 either dollar 37:1 42:14 64:4 72:17 78:9 78:10 85:21 94:1 elderly 85:12 elected 47:17 electrical 96:1 electronic 17:7,8 else's 11:13 emphasis 15:15,20 employ 12:18 18:16 46:23 employed 7:13 9:5 26:8 27:3 28:1,4 28:13 30:14 31:4,17 34:7 35:9 43:2,23 52:9 53:17 54:1662:1,14 employees 9:15 53:9 58:8 employment 15:14,19 31:23 33:14 34:4 41:13 42:2 53:20,23 encounter 27:16 ended 64:9 engineer 8:2,3 enhance 96:6 enhanced 85:6 enhancing 75:8 enlighten 47:18 ensuing 9:8 entering 43:18 65:2 entire 30:14 entitled 41:8 environment 49:15 equipment 18:4 72:2 escambia 88:2,17 event 30:2 47:20 eventually 17:1640:15 evidence 2:12 evident 60:23 exacerbated 71:3 exact 39:21 exactly 69:7 85:2 examination 3:2 6:11 7:8 examined 6:15 example 19:23 79:13 93:14 examples 10:10 96:14 excavated 87:7 excavation 85:14 exceeded 37:4,13 53:3 exceeding 53:8,16 exception 30:11 excess 34:8 38:10,18 67:14 68:22 excluding 11:22 excursion 71:3,11 excuse 22:3 53:14 execute 92:23 execution 75:22 exhibit 3:8,9,10,11,12,13,14,15,16 3:17,18,19,20,21,22,23 13:17,22 21:6,11 22:13,14 32:6,11 41:3,7,19,20 44:16 44:22 54:21 55:3,9,14,15 55:21,21 56:18,18 58:20 59:2 60:11,16 62:21 63:3 63:12,19 65:6,10,13 66:7 66:11 69:22 70:4 71:22,23 73:14 76:19 77:6 80:12,17 92:19 95:7 exhibits 3:641:17 existed 24:9,15 89:8 Miller, Gerald (pltf) in SEWELL HARTOLDMONO017350 [existence - go] existence federal following funds 44:12 6:4 6:12 76:2 existing feet follows funny 20:16 48:4 87:4 6:16 48:19 65:20 73:18 86:12 exists filets force further 58:2 60:23 91:22 2:2 1:23 2:5,14 49:18 97:23 expand filing forced 98:14 77:14,21 2:15 56:2 fyi expanded filled foregoing 57:2_____________________ 77:22 87:14 97:5 87:8 6:6 98:7,11 g expanding final forever g.w. 78:2 65:1996:11,12 83:13 14:3 45:2 expansion 77:11 85:10 95:10 97:2 financial 5:16 77:3 forgotten 72:16 94:19 gained 73:19 expended find form gallons 76:9 18:11,18,20,21 2:8 31:11 33:6 50:15 52:13 63:15 64:2,3 72:13,15 expending findings 53:4 54:5 56:14 57:17 69:3 garrett 77:10 experience 8:13 expertise 48:14 explain 58:1 66:14 78:6 93:17 97:16 fine forman 72:20 86:14,16 5:3,7,11 6:8 fire formed 96:6 56:11 first forward 6:15 12:20 13:1 14:6 18:11 50:22 55:18,19 gary 5:7 gas 36:12,13,16 gather 33:22 explained 18:14,1821:1532:1538:16 found general 90:20 44:3,6 81:3 83:5 18:19 34:8 53:13,15 82:17 7:22 9:3 16:6 24:12 28:3 extenders fish foundation 30:9 78:4 81:2 89:10 95:22 96:5 extent 1:8 4:12 28:18,21,23 29:21 97:17 30:3 32:14,21,23 33:4,10 four generally 81:19 28:21 33:12 36:18 33:15,16,22 34:2,2,7,20 92:3,4 gentleman external 35:23 53:2,7,14,15 56:13 frank 85:12 60:22 90:12 91:2,5,7,8,12 92:8 5:3 gentlemen extremely 22:23 96:2 f facilities 24:4,1927:1577:11,14 95:11,12,13,14,17 97:5 facility fished 54:3 fisherman 91:9 fishes 91:20 fishing franklin 5:15 free 61:1 frequency 91:11 frequently 58:7 gerald 1:196:10,147:11 getting 14:1524:10,1736:9 ghost 17:13,16 15:10,1220:1623:1736:11 35:13,17,20,21 54:14 56:4 37:17 85:13 give 36:12 75:9,11 85:5 97:3 91:13 freshmen 9:2 10:10 38:6 48:20 49:21 fact five 43:18 84:14 91:4,23 96:13 28:8 34:11 40:18 52:23 67:16 86:10 97:5 41:20,23 66:20 67:14 flesh friend 35:21 91:9 given 98:12 failure 53:7 friends glass 63:13 flexibility 30:12 82:21 83:12,14 fair 84:15 front globules 15:13,1830:1348:7 51:15 floor 20:15 46:22 75:10 76:11 61:1,8,12,12 51:18 64:7 68:16,21 69:5 39:5 40:3,8 fronts glove 69:12 78:1 84:20 92:7 floors 69:20 84:6,9,10,15 far 40:1 full gloves 19:4 26:14 62:10 67:18 fluids 2:2 83:22 73:7 97:18 fda 96:2,3 folks fully 93:4 go 23:13 26:14 28:10 40:8 34:8 45:22 53:3,8,16 66:14 81:20 function 62:2 86:11 66:20,22 68:22 69:10 95:23 Miller, Gerald (pltf) in SEWELL HARTOLDMONO017351 [goes - june] goes 13:13 going 8:13 33:9 40:16 46:1 49:2 50:3,9,18 51:11 61:4 64:21 79:1 82:2 good 46:20 gordon 1:7 4:11 gotten 56:11,13 greater 15:15,20 greatly 85:6 gross 72:3 ground 23:5 40:12 grounds 2:10 group 43:10,17 guardian 9:10 80:3 guess 6:20 24:14 72:12 76:15 77:2 80:22 90:11 guessed 78:11 h h.s. 55:7 half 8:16 46:11 76:16,23 hand 21:13 handle 5622 happened 45:22 happening 82:9 hauling 85:14 hazard 27:17,18 hazardous 27:6,6,20 28:5 30:16,22 31:2,8,9,10 32:3 68:19 hazards 79:12 head 94:15 hear 34:6 heard 12:20 53:19 82:8 84:3 93:11 hearing 98:13 heavy 19:14 heightened 16:23 held 59:19 86:19 help 20:2 herbicide 29:13 hereto 13:1921:8 32:841:5 44:18 54:23 55:11 58:22 60:13 62:23 63:21 65:8 66:9 70:1 76:21 80:14 hey 52:10 high 27:16 66:17 70:23 73:21 74:2 96:2 hits 55:23 hodges 55:6 honest 26:10 house 90:6 housekeeping 39:4 howard 5:8 hydrogen 36:13,15 i idea 9:3 18:2,6 20:1921:1,4 25:11 29:6 33:8 34:22 35:23 38:5,8 42:15 45:22 50:4,14 55:20 58:10 76:5 76:12,13 77:4,17 86:4 90:23 91:4,15,21 identification 13:1821:732:7 41:444:17 54:22 55:10 58:21 60:12 62:22 63:20 65:7 66:8 69:23 76:20 80:13 identified 17:16 identify interchange 41:11 55:4 44:10 illinois interest 88:7 16:23 43:11 46:8 immediately interested 20:15 26:1 65:15 98:17 impact investigate 70:12 13:11 28:1847:1461:17,21 implementing investigating 15:6 14:21 17:23 impractical investigation 74:5,10 33:11 62:7 89:1,5,14 93:7 improvement 94:11 21:22 45:9 48:3 56:1,21 involve impure 43:14 94:3 involved inaccurate 9:9 11:6 12:14 14:21 15:5,9 66:2 15:10 28:20 48:5 74:11 incident 76:2 79:11 80:5 86:12 involvement includes 14:20 15:2 16:11,16 34:20 63:4 80:6 increase issue 64:11 30:1 42:6 45:18 47:19 increasing 55:23 69:11 76:10 97:8 issued increasingly 35:3,5 73:20 74:1 issues indicated 50:22 17:12 item industry 21:16 73:4,8 items inform 48:20 82:21 54:7 j information jack 34:16 44:21 45:12 49:19 55:18 54:1 56:13,23 57:2,10 58:3 58:5,13 59:15 60:1 67:21 69:14 77:3 innocuous 27:11,19 january 73:15 jefferson 984 jet inquiries 79:12 inside 40:6 insignificant 39:10 jets 39:1,8 job 12:5,7 14:10 73:1,3 jobs instances 37:3 12:10 joe instructed 31:19 instrumentation 56:20 judgment 21:2 25:6 38:6 77:1 91:23 18:16 insulating july 69:9 96:2 june 21:20 Miller, Gerald (pltf) in SEWELL HARTOLDMONO017352 [keep - material] k landfills limit lot keep 11:3 17:9 67:14 8:23 76:9 78:1 24:9 54:10 72:2 82:7 landwehr limits lots keeping 59:4,5,9,12 34:9 35:11 53:8,16 68:22 89:10 58:3 lapidus line louis kept 1:20 4:21 6:1 98:20 30:15 32:15 55:18 81:2 52:23 60:3 large lined lower kill 62:13,16,19 63:16 64:8,14 26:6,12 85:7,7 18:7 28:19,21,23 29:21 30:3 64:16,20 71:16 72:4,7,19 liquid lowered 33:4,10 late 86:1,4,6 95:13,21 96:1,21 17:10 kills 9:21 12:19 16:5,13,23 17:5 96:22 lucas 32:23 17:12 20:23 22:19 24:8 listed 5:16 kin 80:3 90:11 48:20 93:3 lucid 98:15 laws literally 46:3 kind 2:3 83:9 m 8:1,2 9:6,12 10:11 27:5 lead literature magnitude 43:7 73:10 83:20 89:20 8:1620:17 17:14 18:1744:11 47:13 17:11 96:8 kinds 85:14 94:10,12 knew 50:8 51:1 67:6,7,12 69:12 69:13,14,15 know leading 2:8 leak 23:5 learn 81:9 learned little 9:20 11:10 22:12 26:2 79:21 87:15 live 64:19 lived 54:3,15 majority 86:6 making 52:19 75:19 man 86:11 manner 11:22 14:8,19 17:21 19:11 90:2 located 58:11 22:4,6,11 25:9 29:10 33:2 learning 24:6 25:23 35:8 manpower 39:21 40:18 46:17 47:5,22 34:12 location 48:10 56:10 59:4 63:23 64:1 leased 67:18 68:18,21 69:7,9,10 90:5 39:19 62:3 locations manufactured 83:21 73:7 77:23 80:19 84:20 leave 61:23 88:1 manufacturers 85:2,4,9,20,21 87:3,23 52:2 83:8 logan 29:13 88:20 89:5,12,22 91:19 leaving 12:1 34:3 35:14 56:3 66:15 manufacturing 97:18 10:2,19 72:3 knowledge left 10:1,21 11:1 12:3 20:11 9:2,4,7,19 11:15 12:7 64:1 23:6,9,23 25:14 26:15 79:22 85:1,3 89:22 90:2 28:17 29:12 33:12 34:5 97:4 35:7 43:15 46:20 47:9 53:7 lengthy 66:18 67:13,18 88:22 89:17 90:1,6,13,22 91:2,6,8,13,18 91:19 65:22 68:2,7,15 march 1:22 63:9 88:7 long marked 9:1 33:2 95:17 longevity 13:18,21 21:7,10 32:7,11 41:4 44:17 54:22 55:2,10 53:8,9 54:18 56:16 58:8 59:15 83:18 55:14 58:10,21 59:1,13 62:1281:11,13,1782:10 letter look 60:12,15 62:22 63:2,20 90:4 46:12 55:6 14:7 19:7,17 23:10 24:1 65:7,12 66:8 69:23 70:3 known level 41:20 61:3,6,21 62:3 63:9 73:13 76:20 77:5 80:13,16 37:7 73:19 95:2,4_________ 56:5 59:19 64:12 levels I 34:8 53:1,7 58:14 60:2 lab 68:19,22 69:15 70:8 73:21 94:15 74:2 laboratory light 12:6 13:10 15:4 30:11 lake lightfoot 90:6 5:15 lakes likelihood 10:22 47:17 landfill limestone 25:15,23 26:4,5,9,10 82:3 37:7 64:4 84:21 87:8 82:12,17 65:16 70:8 89:1 94:3 looked 18:12,14,19 24:3 26:9 72:11 74:18 95:7 looking 8:1 17:1 19:19 22:12 72:8 95:1 looks 19:12 loss 63:14,16 65:21 68:14,17 losses 21:19,22 70:21 market 1:8 4:12 37:4 martin 12:1 34:3 35:14 56:3 66:15 66:19 67:13,18 88:22 89:17 90:2,6,13,22 91:2,6,8,13,18 91:19 master 8:8 master's 26:17 material 37:5 64:10 66:4 72:3,5 Miller, Gerald (pltf) in SEWELL HARTOLDMONO017353 [materials - obviously] materials methodology monsanto (cont.) noncorrosive 27:20 32:3 75:16 96:19 18:16 73:10 77:9 78:13 79:4,22 83:6 matter methods 80:4,6 81:10 82:1 88:17,22 norm 50:5 78:19 89:13,22 90:3 94:16 97:13 71:14 maurice mid monsanto's normal 1:19 4:21 6:1 98:20 17:5 46:1851:1652:1668:10 41:13 mean middle montevallo north 26:4 54:2 71:12 75:1 84:5,8 94:7 43:17 1:21 6:8 84:8 might've montgomery northern meaning 87:4 42:19,23 49:8 54:10 57:22 1:2 4:2 27:19 miller month norway means 1:196:10,147:11,1232:15 70:13 71:20 17:21 98:9 miller's monthly notary measure 14:3 45:2 41:1071:4 1:20 16:12,17 18:5 million months notation measures 66:18,19,21 67:14 76:16,16 46:10 57:1,6,8 58:4 20:9,22 76:23 77:10 95:10 97:2 moving notice measuring mind 69:19 2:15 10:6 18:9 36:11 multiply noticed medical mine 71:7 7:1 55:16 35:22 muriatic notification meet minute 22:22 36:15,23 37:3,8,22 51:20 42:1,9 43:2 23:1224:11 41:21 61:3 38:2,10,18 november meeting 77:18 85:17 92:13 n 63:5,6,7,8 66:13 67:2 70:13 42:21,23 46:6,16 49:9 77:8 minutes 95:9 72:12 77:7 95:8 96:23 meetings misleading name 7:9 14:3,18 45:2 national 70:22 71:1 72:10 number 1:5 3:2 4:7 13:22 14:2 28:9,10 30:3 56:7 57:13 58:12 melt 84:17 72:6,18 missed 82:19 mississippi 8:16 naturally 24:20 nati irp 21:11,1322:4,5,1332:11 41:7,19 44:22 55:3,14,15 56:18,18 59:2 60:16 63:3 65:10,13 66:11 70:4 71:23 memo 49:18 51:23 57:4 memoranda 32:12 59:3 8:9 mixed 19:1096:10 modifiers 83:7 necessary 2:6 needed 71:23 73:14 77:6 80:17 92:19 numbers 22:7 59:17 70:13 memorandum 96:5 76:7 96:20 o 32:20 44:23 45:4 55:16 59:12 60:17 61:4 70:5 73:15 80:18 92:21 memory 13:14 17:2,12 22:20 25:21 moment 92:19 money 76:6,7,8,9,11,11,14 77:13 77:16,19,20 78:2 neglecting object 71:1 31:11,1333:6 50:1552:13 negligible 53:4 54:5 56:14 57:17 69:3 65:1,23 66:5 68:15,18 69:2 78:6 97:16 73:1,3,11 objecting 29:1 37:2,20 43:16 46:2,13 monitors 49:16 75:12 87:21 80:4 memos monsanto 63:4 1:124:167:2,3,3,15,18 mentioned 8:14,18 9:2,4,18 10:2,19 neither 98:15 neutralization 37:8 75:8 neutralized 31:15 objections 2:7,10 observation 19:3,4 38:13 44:20 84:19 93:11 11:9,11,15,17,20,22 12:5 37:9 observe mess 83:4,21,23 84:1 15:20 23:17 24:9 26:8,22 26:23 27:4,23 28:5,13 nevertheless 53:22 64:8 61:12 observed met 42:12,17 44:3 metal 29:18 30:4,7,15,17 31:4,17 33:15 34:4,7,13 35:10 41:8 41:14 42:3 43:23 46:8,19 new 17:5 44:11 news 61:8 observing 61:11 82:23 metals 47:14,1749:1751:10,10 52:9 53:18,23 57:7 58:7 65:14 68:13 newspaper obvious 18:22 19:1 73:21 74:2 89:6 83:5,11 59:10,22 61:15,19 62:2,15 66:12 obviously 67:7,11,12,15 68:2 73:2,6,8 24:23 39:8 44:13 45:5 Miller, Gerald (pltf) in SEWELL HARTOLDMONO017354 [obviously - plethora] obviously (cont.) P pcb's (cont.) physically 49:20 58:7 64:18 67:1 71:2 page 61:6,8,22 62:14,17,19 20:14 39:14 73:12 75:16 3:2 21:15 41:20,23 60:20 63:15 64:8,14,16,20 65:2 pick occasion 63:12 65:19 70:6 67:6,12,16 68:3,8,14,18,22 45:19 37:14 47:6,11 72:14 pamela 73:5,16,22 74:3,13,15 piece occasions 5:11 78:15 79:1,5,13 80:9 81:10 10:15,16 43:4,8 papageorge 82:18 83:1,3,5,13,19,20 bio occurred 80:19,20 81:1 84:3 85:19 88:8,14,21 82:17,19 37:17 39:20 72:5,7 paper 89:16,23 93:16,17 94:10,12 pipes ocean 51:2 94:21,22 95:6 40:12,15,16,20 83:2,4 64:21 paragraph pcdf pit October 45:6 48:17 70:11 73:17 80:7,9,9,10 81:9,16 37:7,8 75:9 59:3,13 70:14 72:10 80:18 81:4 pcdf's place offered parallel 81:15 92:20 93:3,7,16,21 11:12 14:7 24:16 2:12 75:12 94:13 95:1 placed office parathion peaks 11:1637:1 81:2 29:2,3,7,11,16,18,19,22 17:13,16 places official 32:19,22 33:5 peck 19:20,23 20:2,11 51:8 part 5:166:21 22:231:11,14 plaintiff officials 21:15 45:7 55:22 56:19 33:6 50:15 52:13 53:4 54:5 1:94:135:6,10,14 51:16 59:14 60:20 72:1 77:7 95:8 56:14 57:17 69:3 78:6 plaintiff's oil participate 86:16 97:16,21 3:8,9,10,11,12,13,14,15,16 10:13 18:8 33:14,21 pensacola 3:17,18,19,20,21,22,23 okay particular 88:2,18 13:1721:6 32:6 41:3 44:16 31:3 46:4 51:19 54:13 60:4 35:16 37:14 46:6 75:23 people 54:21 55:9 58:20 60:11 63:11 65:17 70:10 79:20 82:5 83:18,19 89:15 14:2 31:5 52:11,20 54:2,2,3 62:21 63:19 65:6 66:7 86:15 parties 54:14 73:5 89:10,15 69:22 76:19 80:12 once 1:172:9 98:16 percent plant 83:11 parts 25:10,10 12:15 13:5 14:16,23 15:16 operate 66:18,19,20 percentage 15:22 16:8 18:9,23 19:8,18 75:13 patched 25:7 20:1,12,13,16 22:18,22 operated 75:1 period 23:12,14,14,1524:1725:15 24:20 paul 16:14 21:20,23 26:7 27:23 26:2 28:15 33:1 36:9,19 operation 55:6 28:12 31:16,22 53:17,21 37:7,1039:1,3 40:11,13 15:5,9 78:5 pay 54:16 77:15 78:13 82:14 41:9 42:7,19,22 47:2 60:19 operations 81:20 87:22 94:16 97:14 60:22 61:13,15,19 67:4 77:21 78:3 pcb permit 68:10,15 70:7 72:4 73:16 opinion 10:6,12 15:8,9 16:13,18 86:10 75:10 77:12 79:14 82:2,11 56:11 64:20 18:6,22 19:12,13 24:19,22 permitted 88:7,13,23 92:23 93:8 oral 27:11 31:22 33:16 34:8 18:5 94:16 97:3 6:11 36:16 39:9 46:15 49:13 persistence plants order 55:23 59:17 62:3,8 65:22 47:13,15,16 65:22 68:3,8 69:1 73:18 93:12 67:3 70:7,12 73:20 75:20 persistent plastic orders 81:23 82:22 88:2,4 89:6,19 27:12 82:23 83:4,18 17:10 pcb's person plasticity organic 10:4,21 11:2,12,23 12:15 42:9 96:7 17:9 19:14 13:4,12 14:15,22 15:11,16 personally plasticizer ought 15:21 16:8 17:1,17 19:6,8 11:5 33:17 53:6 84:4 52:10 75:19 19:1920:20 21:1722:19 pesticide plastics outfall 23:1,5,22 24:7,9,10,13,15 29:13 83:12,15 37:11 24:17,23 25:4 26:16,18,19 phase please owned 26:23 27:5 28:5,16 30:8 19:16 7:10 10:12 90:5 31:7 36:8 38:20 39:16 40:7 phenomenon plentiful 42:6 44:12 45:17,18,18 85:5,15 76:8 46:12 47:7,14,16,22 49:1 physical plethora 49:11 50:3 53:2 58:14 60:2 27:18 78:19 83:15 Miller, Gerald (pltf) in SEWELL HARTOLDMONO017355 [pocket - reducing] pocket presume professionals quickly 76:11 40:19 87:8 43:10 71:6 point prevent program quietly 12:13 13:9 15:14,19 23:17 24:16 43:16 93:1 56:22 33:9 49:15,23 50:23 59:8 previously programs quite 67:15 47:12 79:5 43:12 48:6 11:4 16:20 34:1469:19 policy primarily progress quote 31:5,10 9:8 87:7 96:4 14:1 21:12 33:10 48:20,23 61:1,1 pollution primary prompted 65:21,23 68:13,16 75:7 45:1 57:8 61:18 62:4 73:20 27:10,12 95:23,23 46:17 84:12____________________ pond principal promulgated r 84:20 85:16 87:1,14 ponds 85:22 86:23 population 71:14 24:12 69:10 prior property 2:12 8:13 16:8,13 20:21 10:16,17 22:18 24:8 25:1 43:20 47:5 prove 67:1 56:4 rapidly 69:19 reach 56:5 89:14 read portion privy provide 65:20 73:23 97:21 37:5 75:6 position 77:2 probability 9:13 10:5 provided really 52:10 77:3 81:5 93:4 16:19 31:18,20 52:16 75:18 58:17 75:21 81:19 probable possibility 23:3 30:11 6:4 provides 9:10 reason 21:1332:1,1861:4 71:21 reasonably 31:21 possible probably 11:4 13:11 16:20 26:8 public 1:20 28:4 49:10 50:1,5 51:5 91:17 recall 95:3 11:11 23:2 32:2 84:18 possibly 34:14 34:10,17 42:8,18 48:13,16 67:16 91:3 problem 51:7,11,17 53:8,12 54:1,2,7 54:13 56:23 58:4 59:21 69:17 14:6 25:17 26:3 28:11 30:5 30:10 34:15 35:19 56:6 57:12 58:16 62:9 75:4 79:3 potential 47:19 49:14 14:22 31:21 45:17 50:11 publications 56:22 60:22 70:18 83:13 48:21 49:21 56:12 79:16,17 89:4 93:14,19 recalls potentially 88:2,4,17 public's 46:12 32:2 potentials 47:15 pound 22:4,5 70:19 72:9,23 problems 60:21 61:22 62:3,4,4,8,10 74:13 75:20 88:14 procedure 6:5 48:22 49:22 published 17:11 44:21 45:12 purposes 10:8 receive 27:4 91:21 received 79:13 receiver pounds procedures put 63:14 21:21,23 70:22,23 71:2,4,5 15:7 19:3 71:8,16 72:13,15 proceedings practice 6:12 75:17 produce predominance 24:21 36:15 96:11 6:23 25:18,19 47:1 51:5 69:8 83:7 87:15 89:16 putting 11:23 68:6,17,23 82:6 89:23____________________ recess 36:4 92:15 recollection 16:21 26:11 29:15,20 33:1 33:3 37:21 38:8 43:19 91:12 prepared 69:14 presence 18:1 produced 40:7 66:4 97:9,9,12,13 producing 39:11 product q quarter 76:16,23 question 12:14 14:1523:11 24:2 47:20 53:10 62:6 66:22 67:20 70:15 74:16,22 77:13 79:7 80:2 82:13,16 87:9 recollections 43:22 present 24:21 29:16,19 96:8,11,12 27:5 31:4,12 32:1,19 33:7 recommendations 11:2 20:4 81:9,14 presented production 12:8 15:10 24:6,19 27:14 47:10 50:16 52:14 53:5 48:19 75:19 56:15 57:18 59:23 64:22 record 27:17 presenting 43:16 29:2 36:11,12 37:3,12 39:6 39:23 78:3 94:20 95:5,6 97:7 67:8,10 68:20 69:4 71:22 76:1 78:7 89:11,12,21 92:20 94:6 95:1 7:931:1586:11,17,20 recovered 64:4 press 55:23 68:7,17,23 69:8 products 89:7 questions reduce 2:8,9 7:20,22 11:10 22:16 39:12 78:23 pressure professionally 26:15 89:20 93:13 94:7 reducing 39:12 42:13,16 97:20 98:8 15:15,21 Miller, Gerald (pltf) in SEWELL HARTOLDMONO017356 [refer - self] refer 70:17 71:22 75:15 reference 41:23 56:19 75:23 81:3 references 22:14 66:20 70:7,11 72:9 77:10 referencing 48:18 referred 44:13 46:6 49:3 referring 18:5 45:13 81:6 92:18 97:1 refers 63:13 71:9 reflects 64:20 refresh 33:1,3 66:21 regard 13:4,739:1341:1956:17 82:22 83:1 85:16 95:5,6 regarded 73:2,10 regularity 91:11 regulation 69:11,13,15 regulations 48:5 regulatory 46:21 related 61:22 relating 2:4 57:7 relationship 46:21 relative 44:11 49:13 release 24:13 49:10 56:22 60:5 65:14,15 68:7,13 69:1,8 88:14 released 47:8 49:1 59:22 releases 67:4 68:17,23 remedial 18:13 20:8,22 78:4 remediate 78:20 remediation 22:7 remedying 14:21 remember respect s 11:5 12:22 13:1 16:3 17:4 55:21 79:9 saith 17:20 18:3 22:9,16 24:3 respective 97:23 26:5 27:8,10 29:23 33:9,10 1:18 sale 34:12 35:18 42:11,16,21,22 responding 10:15 43:10 44:3,6,8,10 45:15,21 79:12 sample 46:5 47:10 52:4,6,19 57:19 responsibilities 10:1320:5 60:8 61:10 62:18 75:3,10 12:21 13:3 samples 78:19 85:8,11 87:11 93:6 responsibility 63:5 66:16 94:11 96:15 13:6 sampling remind rest 20:7,10 56:13 49:16 71:19 sanitary remotely restate 23:18 40:10 24:6 54:6 62:1 67:5 68:20,20 saw removal 89:11 53:20 78:11 25:1 result saying remove 40:16 64:11 98:17 13:13 32:1 56:7 68:17,23 25:3 74:15 78:21 resultant 84:13 removed 36:23 says 25:13 resulted 14:1 21:15,1622:5 32:13 rented 59:17 65:1 32:20 45:7 48:18 54:12 90:6 resulting 55:16,22 56:19 57:9,15 repair 63:14 70:19 59:14,14 60:20,21 65:14,21 74:17 results 68:13 72:1 92:22 95:12 repeat 34:2 35:4 66:22 Scandinavia 15:17 retardants 17:15 replace 96:6 Scandinavian 74:20 revised 17:23 replaced 87:18 Scandinavians 75:2 right 17:21 report 38:1241:14,1747:351:6 school 14:1,1,8,1421:1341:10 51:12 53:3,18 54:10,17 26:19 43:18 47:13 62:11 68:4,10 71:6 73:6,8,9 science reported 73:11 84:14 8:9 43:18 17:14 ritta sciences reporter 1:7 4:11 43:6,9 6:2,18 roads scientists reports 82:6 17:18,22 21:12 40:21 50:10 59:19 routed scrubbed 66:14 67:11 37:6 36:14,17,20 represents routine second 98:11 39:4 32:19 38:22,23 45:6 73:17 request routinely secret 10:9,11 81:18 10:5 37:13 52:23 54:10 requested rubber secretary 13:11 83:4,19,22,22 84:6,9,10,15 56:20 research 85:17,19 96:8 sediment 48:5 rubbers 78:17 reservoir 83:12,14,14 seeing 56:3,6 rudimentary 43:22 87:11 residence 19:2 seen 35:8 rules 57:6,12 61:2 68:1 residents 2:3 6:4 48:4 selected 28:14 19:20,20,22 20:2 resolution self 29:23 7:14 9:5 Miller, Gerald (pltf) in SEWELL HARTOLDMONO017357 [sell - substance] sell sign solid (cont.) 24:13 97:22 97:8,12 selling signature solids 24:15 55:18 25:1,12 37:9 send signed solve 58:13 60:2 14:9 74:12 75:20 sent simply somebody 56:12 82:18 27:13 78:10 11:1331:6 52:11 68:6 sentence single 79:14,18 89:3 32:20 92:21,22 70:11,18,1871:16 sorry separate sir 64:1 19:16 24:5 7:10 35:6 51:9 55:5 58:6 sort September 67:3,10 69:6 97:20 84:19 13:23 sit source served 83:12 38:16,16,22,23 88:21 93:1 29:1 situation sources serves 16:7 37:17 48:22,23 49:3,6 36:10 73:19 74:4,9 90:18 17:13 37:2,20 49:16 75:12 49:13 50:12 51:21 south 80:2 size 26:2 services 75:11 85:4 southtrust 9:11,12 10:6 13:10 14:12 sketchy 5:4,8,12 41:9 59:10 17:2 speak settling skipping 30:1569:11 75:9 84:20 85:4,16,22 22:12 specific seven small 43:16 58:16 93:13 71:2,4 28:20 87:15 specifically sewage smaller 61:1088:1,6 23:14,15 18:6 spend sewell smart 8:23 1:7 4:11 7:1 50:2 spending sewell's snow 95:10 97:1 1:84:12 12:1 24:11,14,1728:15 spent sewer 29:4 30:17,22 31:2 32:4 8:15 76:14 77:14,16,19,20 14:17 23:18 24:5 37:6 39:8 34:2 39:20 40:17 49:1,11 78:2,4 39:22 40:3,8,10,11 63:15 50:9 51:6 53:14 61:2,8,11 spill 70:8 73:23 74:4,17,19,20 63:6 64:9 65:2 67:17 78:14 63:7,9 64:10,14,16,23 74:21,23 75:7 78:16,16,17,20 79:1,6 71:17 72:7,19 sewered 89:16 90:1,12 92:8,11 spills 37:5 38:3,4,11,17 93:20 39:5 62:13,19 64:21 72:4 sewers snow's 72:23 73:11 75:15 22:15,17,20,21,22 23:1,4 20:18 sports 23:12,13 74:13,16 so2 56:4 shallow 80:3 st 87:5,5 social 81:2 shed 43:8 stable 89:8,8 socially 96:3 show 42:13 43:1 staff 13:21 21:1032:1041:7 soil 45:8,11 59:20 44:21 55:2,13 59:1 60:15 10:13 73:22 74:3,14 75:7 standard 63:2 65:10,12 66:11 70:3 soils 26:10 66:20 73:13 77:5 80:16 74:15 75:5 standards showed sold 53:3 73:4 66:19 37:2 38:3 standpoint side solid 16:10,15 75:13,14 77:11 82:1,11 95:11,12,13 star 95:16,21 96:4,18,18 97:2,7 66:13 67:22 started 12:4 22:6,8 state 7:9 8:9 43:13 46:9 47:7 98:3 stated 47:12 60:6 statement 30:20 49:20 65:19,21 66:1 67:8 72:1 statements 48:21 49:21 states 1:1 4:1 6:5 49:18 70:21 73:17 stating 66:15 stenotype 98:8 stimulate 43:11 stimulus 16:22 stipulated 1:16,23 2:5,14 stipulation 6:6,22 stipulations 6:19 storage 37:1 streams 10:22 32:23 street 1:21 6:8 11:20 82:3 strictly 76:15 studies 32:22 33:15 34:2,20 study 26:18,19 studying 33:4 stuff 38:12 subject 32:13 35:2 44:23 60:18 63:5,7 73:16 81:11 subsequent 15:8 subsequently 8:19 18:1023:1936:14,17 37:1,9 39:7 substance 40:5 56:7 Miller, Gerald (pltf) in SEWELL HARTOLDMONO017358 [substantial - unfair] substantial talk think transcription 63:17 64:2,10 65:4 70:12 19:22 28:13 30:6 45:20 30:19 58:18 68:16,21 69:5 98:10 75:6 77:13,16 47:6 51:3 85:17 88:16 94:9 71:15 72:6,17,19 93:9 95:2 transfer substantially talked thinking 96:3 46:1 71:13,18 72:12 83:2 6:22 64:18 transform substituted talking third 96:20 20:22 16:14 20:8 25:9 30:8 32:21 48:17 63:8 transformers suffice 37:15,22 38:2,9,11 39:23 thought 83:8 96:16 37:16 40:11 45:16 68:7,9 77:18 38:15 50:1 transpired sufficient 91:5 92:1 95:9 three 17:3 67:4 tankers 17:10 42:18 43:3 60:20 transported suggestion 64:21,21 92:3,4 93:2 25:15 51:14 technical tight trapped suite 14:1241:9 43:11,1259:10 76:8 73:22 74:3,13,15 1:21 6:8 59:16,20 tighter treated summarize technique 73:19 23:19 24:23 8:12 17:6 time treatment summary telephone 2:11,11 9:1,1 13:9 14:13 23:14 25:3 21:16 45:19 16:9 20:21 21:14 23:18 trial superintendent tell 26:7,9,22 27:3,15,23 28:12 2:11 59:9 7:178:6 10:12 14:7 19:18 30:14 31:17 33:2,9 34:13 tried supervisor 38:15 39:13 49:10 50:13 35:9 37:18 49:9,16,23 43:11 12:8 14:11 94:20 51:11,1752:11,20 86:11 50:23 53:17 54:16 57:1 truck supply 95:20 59:8 67:15 74:1 77:15 25:19 38:18 temperatures 78:12 81:1 82:14 91:1 trucks suppose 27:16 96:3 94:16 95:17 97:14 25:22 11:11 16:1640:21 42:14 tempered times true 81:21 89:10 92:7 64:18 19:21 35:22 42:11,17,18 41:1767:9,1098:11 supposed ten 43:1,3 71:7 91:5,6,7 92:1,3 try 12:23 94:6 25:10 70:6 87:4 92:4 56:21 73:23 81:22 sure test tissue trying 27:7 33:19 52:18 64:6,17 81:16,20 32:14,21 86:3 70:14 78:22 86:9 93:4 95:3 tested today typical surprise 66:17 20:5 64:19 10:11 67:11 testified told typically suspicious 6:16 12:22 13:2 27:22 28:6 31:6 10:14 19:13 91:12 Sweden 17:18 sworn 6:15 system 23:19 24:5,14,15,22 37:6 39:22 40:9,10,11 74:23 75:7 systems 9:10 14:17 24:9,16 73:23 74:4 75:13 t table 72:8 taffee 149 11 taken 1:19 7:2 20:5 25:19 98:7 testimony 31:7,9 50:3 53:20,23 54:15 u 98:12 testing 45:23 86:5,8,9 93:15 tests 55:22 60:4 94:19 tomorrow 20:6 top ultimately 1820 unaware 45:11 46:14 50:21 23:7 texas 8:16 thank 97:20 14:3 45:3 58:5 total 91:6 totally 55:16 57:1,3,9,16 undergraduate 2617 understand 50:2,6,7,11,20 51:1 understandable 89:9 thereto 45:11 46:14 47:23 48:1 2:13 98:9 thing tower 5:4,8,12 understanding 47:4 9:6 12:20 13:1 21:1731:19 training 31:19 49:8 27:4 things transcribed understood 49:15 underway 10:7,22 14:17 22:19 27:10 98:9 66:16 69:19 76:7 82:22 transcript 7517 unfair 83:7 85:18 96:16 98:12 69:17 Miller, Gerald (pltf) in SEWELL HARTOLDMONO017359 [united - years] united wanted worried 1:1 4:1 6:5 22:15 24:13 35:23 84:15 79:15 universities 93:4 wrapped 43:13 warnings 91:21 unlined 35:3,5 writing 26:12 wash 79:13 unusual 27:14 39:1,3,13,15,20 written 62:18 washed 59:18 67:23 unusually 38:12,13 39:6 40:6 wrote 62:19 waste 79:14____________________ upset 82:1,11 y 94:8 wastes y'all use 7:15 96:1 users 89:6 24:22 water 10:13 19:15,16,1823:13 36:14,18,20,21 39:15,18 9:13 11:8 20:21 22:6,8,18 23:7,10 24:1 26:18 29:3,7 33:3 45:16,19 49:7 50:1,11 50:13 52:10,23 53:23 54:9 uses 40:7,16 45:8 48:3 56:1,21 54:15 56:12 58:13 59:23 95:20 usual 86:7 87:1 89:8,8 waterways 60:4 67:6 74:8,20 75:1,2 81:15,20 86:5,8 88:23 94:3 6:18_____________________ 10:22 vacuum v went 8:18 23:18 26:8 35:21 95:22 y'all's 81:19 39:11 vague 40:23 47:11 we've year 8:1546:11,11 52:3 73:18 74:16 value 70:23 71:13 78:9 38:9,11 65:12 81:17 white 5:15 91:3,7 92:1,3,4 years 9:8 13:14 72:23 92:2,5 vapor 39:9 wildlife 18:1 vapors wilson 36:16 various 43:12 versus 7:1,2,3 95:21 7:2 withdraw 64:2 89:11 witness 6:1031:13,1633:841:22 vessel 50:17 52:15 53:6 54:6 39:12 visual 19:3,4 volume 37:22 56:16 57:19 63:11 65:17 69:5 70:10 78:8 97:18 98:13 word 84:1 vs 1:104:14________________ words 52:9 88:23 work w 7:15 8:12,13,18 9:18,20,22 waived 10:3,20,21 11:9 12:4 17:11 2:16 17:14 26:21,22 32:20,21 walk 61:14 74:22 75:4,7 79:21 86:23 87:2,6,19,19 81:15 85:9 walked worked 87:10 7:18 8:20 walking working 87:22 8:16 46:21 want world 7:20 8:23 26:14 36:1 78:22 84:2 84:12 Miller, Gerald (pltf) in SEWELL HARTOLDMONO017360