Document jBQnE3BMwBGeBj3Z8rJB11Dwp

STATE OF ALABAMA IN THE CIRCUIT COURT OF CALHOUN COUNTY MARS HILL MISSIONARY BAPTIST CHURCH, et al., versus Plaintitfa. CIVIL ACTION NUMBER - CV-96-243 MONSANTO COMPANY, et al.. Defendants. / DEPOSITION OF ROBERT JONES The deposition of ROBERT JONES was taken before Deborah Salers Garrett, Certified Shorthand Reporter, Registered Professional Reporter, as Cornnissioner, commencing at 9:00 a.m. on April 29, 1998, by the Plaintiffs, at che law offices of Merrill, Porch, Dillon & Fite, Suite 500, 1000 Quintard Avenue, Anniston, Alabama, pursuant to the stipulations set forth herein. Regional Reporting Service, Inc. 755 Walnut Street Gadsden, Alabama 35901*0755 INDEX 3 Page 3 Stipulations 4 4 Reporter'a Certificate 182 5 6" i 7 E XAM I NAT I 0 N S 8 Witness: ROBERT JONES Page 9 By Mr. Cunningham 5 10 11 12 E X H I BITS 13 Plaintiffs' 14 15 Two Three 16 Four Five 17 Six Seven 18 Eight Nine 19 Ten Eleven 20 Twelve A, B, and C Thirteen 21 Marked 111 119 12 0 131 134 142 147 152 155 157 161 168 172 Offered 22 No other exhibits were marked for identification, offered or attached as 23 exhibits hereto. REGIONAL REPORTING SERVICE, INC. 1 APPEARANCES For the Plaintiffs: 3 4 CHARLES CUNNINGHAM, Esg. Morrissey Building, Suite 200 5 304 West Liberty Street Louisville, Kentucky 40202 8 For the Defendants: 9 WILLIAM G. COX, III, Esq. 10 LIGHTFOOT, FRANKLIN & WHITE 300 Financial Center 11 SOS North 20th Street Birmingham, Alabama 35203 12 13 ARTHUR F. FITE, III, Esq. MERRILL, PORCH, DILLON & FITE 14 P. O. Box 580 Anniston, Alabama 38202 15 16 17 18 19 20 21 22 23 REGIONAL REPORTING SERVICE, INC. 2 4 1 STIPULATIONS 2 IT IS STIPULATED AND AGREED by the 3 parties, through their respective counsel. 4 that the deposition of ROBERT JONES may be 5 taken before Deborah Salers Garrett, CSR, RPR, 6 as Commissioner and Notary Public, Alabama at 7 Large, at Anniston, Alabama, on April 29, 8 1998, at 9:00 a.m. 9 IT IS STIPULATED AND AGREED that the 10 signature to and reading of the deposition by 11 the witness is waived, the deposition to have 12 the same force and effect as if full 13 coipliance were had with all laws and rules of 14 Court relating to the taking of depositions. 15 IT IS STIPULATED AND AGREED that it 16 shall not be necessary for any objections to 17 be made by counsel to any questions except as 18 to form or leading questions and that counsel 19 may make objections and assign grounds at the 20 time of trial or at che time said deposition 21 is offered in evidence or prior thereco. 22 IT IS STIPULATED AND AGREED that notice 23 of filing by the Commissioner is waived. REGIONAL REPORTING SERVICE, INC. HARTOLDMONO014621 S I STATE OF ALABAMA, ANNISTON, APRIL 29, 1998 2 3 ROBERT JONES, 4 after having been first duly sworn, was 5 examined and testified aB follows: 6 7 EXAMINATION a BY MR. CUNNINGHAM: 9 Q. What is your name, sir? 10 A. Robert Jones. 11 Q. Mr. Jones, my name is Charlie 12 Cunningham, and I' ra going to be asking 13 you a bunch of questions today on behalf 14 of my clients in a lawsuit they have 15 filed against Monsanto, now Solutia. 16 Have you ever been deposed before? 17 A. Yes, I have. ia Q. So you understand that the lady to your it left it taking down what you say. 2Q Therefore, give oral responses as 21 opposed to nods of the head. 22 A. Yes. 23 Q. I have a couple of habits I should REGIONAL REPORTING SERVICE, INC. 1 2 3 4 5 A. 6 Q. 7 8 A. 9 10 Q. 11 12 A. 13 Q. 14 A. 15 16 Q17 18 A. 19 Q. 20 A. 21 0. 22 A. 23 Q- 7. about but it doesn't sound right to you. Please don't assume that I know what I'm talking about. If I say something that sounds inaccurate, tell me so. Okay? Okay. Would you start off with an easy one, by giving us your present address? 1216 Valley Wood Road, Oxford, Alabama, 36203. * Okay. And how long have you lived there on Valley Wood Road in Oxford? Eight years. And before that where did you reside? ' In Freeport - - Well, Lake Jackson, Texas. I worked in Freeport. In what part of the state is Lake Jackson, Freeport in? About an hour south of Houston. And how long did you live there? About eighteen months. ' And before chat where did you reside? I lived in Mobile. And how long did you live in Mobile? . REGIONAL REPORTING SERVICE, INC. 1 2 3 4 5 6 7 8 9 10 11 A. 12 13 Q14 A. 15 16 Q. 17 18 19 20 A. 21 Q. 22 23 6 acquaint you with in this process. One ia I have a tendency to cut people off in the middle of an answer when a thought springs to my mind. I want you to feel free to go back and complete that answer. The bottom line is we want this lady to get your complete testimony and opinions and knowledge about the particular issue. Okay? Okay. Oo you want me to answer the question you cut me off with first? Tea. And then come back to finish the thought? Yes. If I presume that you have finished but you haven't finished the thought, pausing, let me know, is what I'm way lug. Okay. The aecond habit that I have ia that a lot of times I'll ask a question, and you may think I know what I'm talking REGIONAL REPORTING SERVICE, INC. 1 A. 2 Q. 3 A. 4 Q. 5 A. 6 Q. 7 A. 8 Q. 9 A. 10 11 Q. 12 13 14 A. IS 16 17 18 Q19 A. 20 21 22 Q. 23 A. 8 Five yearB. And before Mobile? * Seale, Alabama. I'm going to ask you to spell Seale. S-e-a-l-e. And what part of the state is Seale in? Far east central Alabama. Not far from here, then? And a little over two hours from here. south. Two hours from here. Who were you working for when you lived in Seale? I was unemployed, had just graduated frcm school. Well, I was employed but not as an engineer. I was working in a textile mill. All right. And who wae that employer? I don't remember the name of the con^any. I believe it was Opelika Manufacturing, but I'm noc sure. And before Seale where did you live? I lived in Auburn. REGIONAL REPORTING SERVICE, INC. HARTOLDMONO014622 1 Q. 2 A. 3 Q. 4 5 6 7 a A. 9 10 n 12 Q13 14 A. 15 Q. 16 17 18 19 20 A. 21 Q. 22 A. 23 Q- 9 Were you an Auburn graduate? Yea, X am. I don't: hold that against you. There may be people who think poorly for that. I certainly don't. What' s home to you? Where are you a native of, Alabama? Well, if 1 was going to call it heme, it would probably be Houston. My father was in the Navy, so we traveled quite a bit. When you were working in Mobile and Texas, were you working for Monsanto? NO. Well, let me come back to your employment history in a moment, then. But that gets us your residence history. Oo you have relatives who reside in Calhoun County? Other than my immediate family? Right. No. And by imnediate family, I take it you REGIONAL REPORTING SERVICE, INC. 1 A. 2 Q. 3 4 A. 5 6 7 8 Q. 9 10 11 12 A. 13 14 Q15 16 A, 17 Q18 A. 19 Q. 20 21 A. 22 Q23 11 Alabama. Okay. And how did you happen to go to Chattahoochee Valley? I was stationed at Fort Benning, Georgia, in the Army. When I got out, I started -- Chattahoochee Valley was right next door to Columbus. Okay. Let me back up, then, and get your military background fight quick. When did you enter the armed forces? May of 1971 and got out in September of 1978. And in the little over seven yearB that you served, you were in Che Army? That's correct. And what was your final rank? Spec 5 or E-5. ' And what sort of responsibilities and work did you do? Personnel clerk. Okay. MR. COX: Let him finish his REGIONAL REPORTING SERVICE, INC. 1 2 A. 3 Q. 4 A. 5 Q. 6 7 A. 8 Q9 10 A. 11 Q. 12 A. 13 Q. 14 A. 15 16 Q. 17 18 19 A. 20 Q21 A. 22 23 Q. mean your wife and children? That's correct. 10 What is your wife's name? Pam. Are any of your children above the age of eighteen? Tee. And living in Calhoun County, potential jurors of Calhoun County? Only one. Who would that be? A daughter, Amy Merritt. And her husband's name? Russ Merritt. But they are divorced. He lives in Michigan. Let me get a sketch of your education. Where did you graduate high school? Spring Woods High School in Houston. And then you enrolled where for college? I went to Chattahoochee valley Community College, located in Phenix City. And what state is Phenix City in? REGIONAL REPORTING SERVICE, INC. 1 2 3 4 g. 5 6 7 8 9 A. 10 Q. 11 12 A. 13 Q. 14 15 16 A. 17 Q. 18 A. 19 g. 20 A. 21 g. 22 A. 23 Q. questions. You are 12 anticipating his questions. but let him finish. So far you have anticipated very well. Did you have any sort of technical training while you were in the Army, as far as dealing ->1 - or environmental safety? No. What were you studying when you enrolled? I studied a pre-engineering curriculum. Okay. And I presume at some point you then moved into a college that had a degree in engineering? That1s correct. And what was that school? Auburn. And did you graduate from Auburn? Yes, I did. What year was that? 1982. And what would have been the degree that REGIONAL REPORTING SERVICE, INC. HARTOLDMONO014623 1 2 A. 3 4 Q. 5 6 A. 7 Q. 8 9 10 A. 11 Q. 12 A. 13 Q. 14 A. 15 Q. 16 17 18 A. 19 Q. 20 21 22 23 13 you got? That was a bachelor of science in chemical engineering. okay. And did you do any postgraduate work? No, I did not. All right, sir. Have you had any sort of continuing engineering education since you graduated? No. Taken the PE exam? No. BIT exam? No. Okay. Would I be correct in assuming you have gone to seminars and such dealing with environmental type things? Yes. How much of that has been what I would refer to as in-house training with Monsanto versus -- not out-house, but stuff that was offered by some other third party that you happened to go to? REGIONAL REPORTING SERVICE, INC. 1 2 A. 3 4 5 6 Q. 7 A. a 9 10 Q. 11 12 13 14 15 A. 16 17 18 Q. 19 A. 20 21 22 * 15 safety type matters. I attended a RCRA refresher course that was taught by a contractor in St. Louis, at Monsanto headquarters --or Solutia headquarters. Okay. And I recently attended an informational type briefing on safety and industrial hygiene issues in St. Louir. When's the last time you recall going to a seminar/meeting chat was not put on by Monsanto or Solutia, just so I can get an exanple of one of those kinds that you attended? When you say meeting, do you mean a training meeting, or do you mean like just a yearly meeting type meeting? Give me one of each. A yearly meeting would be the AlaChem fall meetings, which was in the fall of last year. A training meeting, the last one I remember was maybe four years ago, i- w. a RCRA refresher training REGIONAL REPORTING SERVICE, INC. 1 A. 2 3 Q. 4 5 6 A. 7 8 9 10 11 12 13 Q. 14 15 16 17 A. 18 Q. 19 20 21 22 23 14 Do you mean for my entire career, since I got out of school? Yeah. If there is a consistent ratio. give it to me. Or if it has changed over the yearB, give me that. I don't understand the question. In terms of consistent ratio, do you mean in-house with every coopany I have worked for, or do you want a ratio of training I have received in-house with specifically Monsanto versus all other training? Can you give me a ballpark of how much outside education you have gotten in an average year since you graduated college? Maybe forty hours. Okay. And to make it simple, let's take the last twelve months. Just tell me what kind of seminars or training sessions you have been to in the last twelve months, that you can recall. dealing with environmental health and REGIONAL REPORTING SERVICE, INC. 1 1 2 Q. 3 4 5 6 7 A. 8 Q. 9 10 11 12 13 A. 14 15 16 17 Q. 18 19 A. 20 Q. 21 A. 22 Q. 23 16 meeting taught by Lion Technology. Is it fair to say, then, that to a pretty substantial bit the training you have been receiving over the years that you worked with Monsanto was provided by Monsanto? Yes. Okay. What sort of organizations are you a member of? You mentioned this AlaChem. I assume this is some sort of Alabama Chemical Manufactures Association? Yes. We have a corporate membership with AlaChem. I have a membership with AWMA, which is the Air and Waste Management Association. Okay. Any other organizations like that that you belong to? (Witness shakes head negatively.) Societies? Mo. Professional? iiw., w gw yuui REGIONAL REPORTING SERVICE, INC. HARTOLDMONO014624 1 2 3 4 5 A. 6 7 Q. a 9 10 A. 11 Q. 12 A. 13 Q. 14 A. 15 16 17 18 19 Q. 20 21 22 23 A. 17 employment hiatory. When you got out of Auburn, I know you said initially you were working in Seale, Alabama, in a textile mill. I was living in Seale. Phenix City. I was working in When did you first get a job where you were utilizing your engineering background? June of 1983. Okay. And where was that? With Ciba-Geigy in McIntosh, Alabama. And what did you do for Chose folks? Initially I waB hired in to work in the research and development department. But that was only very briefly, a couple of months. And then I went to work in the environmental group. Okay. And what sort of things did y'all do in McIntosh, Alabama, in teems of manufacturing? Was it a manufacturing facility? A chemical manufacturing facility. REGIONAL REPORTING SERVICE, INC. 1 A. 2 Q. 3 A. 4 Q. 5 6 A. 7 a Q. 9 10 11 A. 12 -- . 14 IS A. 16 17 Q. ia 19 A. 20 Q. 21 22 A. 23 19 Career advancement. And what was your title at BASF? Senior environmental engineer. And what sort of facility did they have in Freeport? It was a chemical manufacturing facility. Okay. And what was your status in the hierarchy? Were you in ctfarge of environmental matters there? No. I reported to the individual that was in charge of environmental matters. . Is ii. lair to say you were number two in that section? No. There were comparable people at ray level. It was just a big place, and there were several senior environmental engineers? Yes. What sort of things did y'all make at Freeport? Caprolactam. They made a lot of the stuff for plastics or nylon. REGIONAL REPORTING SERVICE, INC. 1 Q. 2 3 A. 4 5 6 7 a 9 Q. IQ 11 12 13 A. 14 Q. 15 16 A. 17 Q. 18 A. 19 Q. 20 A. 21 Q. 22 A. 23 S. What kind of chemicals did y'all 18 manuf acture? They made some organic dyes, made something called biphenyl A, which I'm not really sure what it is. They made some herbicides. It was a very large plant, about eighteen manufacturing facilities on the plant site. Would I be correct in assuming chat at the time you were there, in 1983 and beyond, that PCBs were not something that were being used there? Not to my knowledge. Okay. And how long did you work for Ciba-Geigy? Five years. So sometime in 1988 you moved? June 1988. And where did you go then? BASF. And that would have been in Texas? Freeport. And what -- Why did you make that move? REGIONAL REPORTING SERVICE, INC. 1 2 3 Q. 4 S 6 A. 7 Q. 8 9 10 A. 11 Q. 12 13 14 15 A. 16 17 IB 19 20 21 Q. 22 A. 23 Q. 20 Caprolactam was a big product. Nitric acid was a big product. ` Did you have any particular area that you were in charge of handing the environmental consequences of? I handled primarily air permitting. Again, I presume that PCBs were not much of an issue for you in your work at BASF? They were of no issue. And are you, therefore, I assume. familiar with air monitoring mechoaoiogies, it you were handling air permitting? Very crudely. My primary job there most of the time -- I was there only a very short period of time. I was working with an engineering group that was designing a major expansion and in developing permit applications. Okay. And then how long were you there? Until February of 1990. And chat's when you came here? REGIONAL REPORTING SERVICE, INC. HARTOLDMONO014625 r- 1 A. 2 q. 3 A. 4 Q. S A. 6 Q. 7 a 9 10 A. 11 Q. 12 13 A. 14 Q. IS 16 A. 17 ia Q. 19 20 21 22 A. 23 Q. 21 That'8 correct. And again, the reason for the move? Illness within my wife's family. Your wife was from here, Alabama? Yes. Okay. And when you first came here to the Monsanto -- I assume Monsanto was the first place you worked when you came back to Alabama. That's correct. And it's the only place you have worked since you have been back? That's correct. What was your position initially with -when you came back, with the company? It was to head up the environmental group. All right. When you say the environmental group, at the time you came here in February of *90, how many people were in the group? There was one other full-time person. Okay. REGIONAL REPORTING SERVICE, INC. 1 A. 2 Q. 3 4 5 A. 6 7 Q. a 9 A. 10 11 12 Q. 13 14 IS A. 16 Q. 17 Id 19 A. 20 Q. 21 22 23 A. 23 Bob Cheever. Do you know if Mr. Cheever was asked to leave, left for personal reasons, why this vacancy came about? I believe it was a promotional opportunity at one of our other plants. Okay. In essence, your title has not changed, then, over the eight yearB? Well, it has changed in than: I have acquired responsibility for safety and health and not just environmental. So when you first got here you were head of the environmental group. Is that the right way of saying it? Yes. And when did you also get the safety and health component in your sphere of control? December of 1996. Prior to December of '9$, where did ' safety and health get handled as far as personnel-wise? Who waB in charge? There was another staff member that had . REGIONAL REPORTING SERVICE, INC. 1 A. 2 3 4 5 Q. 6 7 a A. 9 10 11 12 13 Q. 14 15 16 A. 17 ia 19 Q. 20 21 22 A. 23 Q. And then you had two individuals that 22 you had part of their time for different job functions within rh realm. Okay. Is that still basically the same. or has that altered in the intervening eight years or so? The job has changed in that now I have the environmental safety and health functions all reporting within me and there are two people that are in that group besides myself. Okay. You still have a couple of people that work with you, but you aren't totally in charge of their activities? No, We have incorporated those responsibilities into our full-time people. Okay. Did you take somebody's place, or were you moving into a new position, a newly created position? I took somebody's place. Do you remember that person's name? REGIONAL REPORTING SERVICE, INC. 1 2 0. 3 A. 4 Q. 5 6 A. 7 8 9 Q. 10 A. 11 Q. 12 13 A. 14 Q. IS 16 A. 17 IB Q. 19 A. 20 Q. 21 A. 22 Q. 23 24 safety and health responsibilities. And who was that? * Lamar Freeman. And why was the change made in December of ' 96 to put those areas under you? It was a corporate restructuring move to put ES and H reporting all within one organization. Did Mr. Freeman continue at the plant? YeB. Did he become the second full-time person? No. He moved over into another job. So who are presently the two folks who work under you full time? Fran Byrd does safety and health, and Jerry Hopper does environmental. Is Fran Byrd a he or a she? He. And does he spell that B-y-r-d? That's correct. Okay. Do you have a financial interest in Solutia or Monsanto, in the sense of REGIONAL REPORTING SERVICE, INC. HARTOLDMONO014626 1 2 3 A. 4 Q. 5 6 7 a A. 9 10 n 12 Q. 13 14 IS A. 16 Q. 17 18 19 2U A. 21 Q. 22 23 25 being an owner of common stock in those companies? Yes, I do. And do you receive a bonus over and above your scheduled salary at the end of the year, depending upon performance of Che company? There is a gain sharing program that is corporate wide chac I do gee -- if we meet certain criteria, chat I get additional monies. And those criteria would be based on financial performance, at least to some extent? It is a variety of performance items. And again, I don't need a lot of detail. but would I be safe in asstiming this is your principal source of income, your income from Solutia? That's correct. Have you gotten any kind of certification? I know you said you weren't a PE. But either through like REGIONAL REPORTING SERVICE, INC. 1 2 A. 3 4 Q. 5 6 7 a 9 10 A. 11 Q. 12 A. 13 Q. 14 IS 16 17 18 A. 19 Q. 20 21 22 A. 23 27 when those depositions took place? A couple of years ago, I guess. I don't know for sure. It is not -- We can always look that up. Okay. Before we get into present operations and such, let me quickly go through your preparations for today. Did you talk to anyone in preparation for this deposition today? Yes. And who was that? My attorneys. Okay. And when you say your attorneys. I'm going to presume that what you mean is Solutia's attorneys in this lawsuit? That would be Mr. Cox or someone from his office? That's correct. Did you speak to anyone else at the plant about the fact you were about to be deposed or anything like that? I mentioned in our staff meeting Monday morning that I would be out of the plant REGIONAL REPORTING SERVICE, INC. 1 2 3 4 Q. 5 6 7 8 A. 9 IQ 11 Q. 12 13 A. 14 15 16 17 IB 19 20 21 22 23 Q. > z 0 an EPA accreditation program for particular kinds of training -- 26 ?ou indicated to me you had been deposed before. Has any of your previous deposition experience been relative to the operations of the Anniston facility? I don't ranember all the questions that were asked. I don't remember if there were specific operation questions asked. Let me be less obtuse. What cases were you deposed in previously? I don't taow the names of them. We call them the lake cases. I don't know the specific name for it. MR. COX: For the record, it's Dyer Shelter Cove versus Monsanto, and it also was taken in Wilson versus Monsanto, the three cases that Burr and Foreman had at the time. Okay. Do you remember approximately REGIONAL REPORTING SERVICE, INC. 1 2 3 4 Q. 5 6 7 a 9 10 11 12 A. 13 Q. 14 IS 16 17 A. 18 Q. 19 20 A. 21 22 23 Q. 28 Tuesday and Wednesday and reminded my plant manager this morning that I would be gone today. Did Mr. Hamilton tell you how much fun it was to bave Mr. Cunningham ask you questions for today? I'm going to assume, then, that everything you tell me here today is baaed upon your own independent recollection as opposed to something someone else recently told you. That's correct. What about reviewing items? Have you looked at anything - - be it photographs. documents, deposition transcripts -- in getting ready for today? I looked at a few documents. What sort of documents do vou recall looking at? The main one I remember is a memorandum for record to the files that I did on storm water permitting. Okay. Do you recall vhen you looked at REGIONAL REPORTING SERVICE, INC. HARTOLDMONO014627 X 2 A. 3 g. 4 5 6 7 8 9 10 11 12 13 g. 14 IS 16 17 IB 19 20 21 22 23 29 chat? Yeaterday. And why did -- Why doea that particular document stand out in your mind? MR. COX: For the record, we ahowed him a few documenta. and it -- I'm not aure -- You are getting close to getting into what we were doing as far as work product and attorney-client privilege and conniunicac ion. So let me be very aure you underatand. Tour comment was the one that you recalled best or moat clearly was this particular storm water memo you had written. So I don't want to know anything about conversations you had with your lawyers. So maybe you can't answer this question. But if you can without saying, "Because my lawyer said thia about it," why doea that atand out in your mind? REGIONAL REPORTING SERVICE, INC. 1 A. 2 Q. 3 4 5 6 A. 7 Q. B 9 10 11 12 13 14 g. IS 16 17 A. IB 19 20 21 22 23 31 Okay. Waa there anything you aaw in your review of these few documents that was inconsistent with your recollection of eventa? NO. Okay. Let'a talk about your preaent responsibilities there at the Solutia facility in Anniston, Alabama. In fifty words or less, what is your job? What is it you are supposed to do? MR. COX: Object to limiting the witness. Yea. Take aa many worda aa you -- She geta paid by the page. She will be happy to take it all dawn. I have reaponaibility for the environmental induatrial hygiene and safety functions at the plant. That entails permit compliance, permit applications, directing safety type activities, overseeing industrial hygiene monitoring. REGIONAL REPORTING SERVICE, INC. 1 A. 2 3 4 5 6 Q. 7 8 A. 9 Q. 10 11 A. 12 Q. 13 A. 14 15 Q. 16 17 18 19 20 21 22 23 X have a very poor memory, and I make 30 notea to myaelf or memoranduma to file. And 1 guess the main reason it stands out is because I had almost forgotten the document completely. Okay. Roughly how many documents do you think you looked at? Three or four maybe. Okay. Can you remember any other ones aaide from that atorm water permit memo? I looked at a lab results, I think. Do you remember what it was analyzing? It was a storm water document from some of our early atorm water analyBea. Let me say again, just like we mentioned last about people you may have talked to, I'm going to aasume that your answers today are based on your independent recollection of eventa in the past. To the extent what you're actually telling me is what you remember reading yeaterday, I would aak that you let me know that. Okay? REGIONAL REPORTING SERVICE, INC. 1 Q. 2 A. 3 Q. 4 5 6 7 a A. 9 10 Q. 11 12 13 14 15 16 17 A. 18 g. 19 20 21 A. 22 g. 23 32 Would that be medical type monitoring? Physicals. * Okay. When you say you oversee it, I presume you just make sure that it happenB. I mean, you don't conduct the physical yourself or are necessarily even present when i r in In terms of physicals, that's correct. I do a lot of the report generation. Okay. Given your background in chemical engineering, I'm going to guess that you didn't have a lot of classwork back in the early 'BOe that dealt with environmental, much leaa with industrial hygiene and safety. Is that a correct assumption? That'a correct. So am I correct in underatanding that most of what you know about what you do today you learned on the job? For the most part, that's correct. Okay. And you were, I realize, an environmental engineer by the time you REGIONAL REPORTING SERVICE, INC. HARTOLDMONO014628 1 2 3 4 A. 5 Q. 6 7 8 9 A. 10 Q. 11 12 13 14 15 IS 17 A. 18 19 20 21 22 23 33 got to Monsanto. But the health and safety aspects you picked up while you were at Monsanto; is that correct? That's correct. Was there some sort of mechanism where you had to qualify or demonstrate capabilities in this area before you got those responsibilities? No. And what about training? Has there some specific training when they said, "Look, you lucky devil, we are throwing this in your lap now, but come on up here to St. LouiB. He are going to spend same time with you and bring you up to speed on this type stuff"? The course that I mentioned previously was an introductory type course that there was an individual they had doing the industrial hygiene and safety job. In December of '96 was a switch in reporting to me. And then my education. after assuming chat, was kind of on Che REGIONAL REPORTING SERVICE, INC. 1 2 3 Q. 4 5 S 7 8 9 A. 10 11 12 13 14 IS Q. 16 17 A. 18 19 20 21 Q. 22 23 35 of "sign off." Do you mean in terms of reports that are Bent in? By way of example, you mentioned permit compliance and permit applications. Are you typically the person who would sign off on the paperwork that is submitted to apply for permits or reapplication for permits? It would depend on the permit. There are different signature authorities Chat are regulated in the regulations, where the plant manager can sign off on some. I can sign off on some, and some require corporate VP signatures. Give me an example of one that you sign off on. Minor reporting of -- follow-up reporting on tests chat may have been performed or additional information that an agency may call for. And the reasons for this different level of who is permitted to sign is because certain things are considered REGIONAL REPORTING SERVICE, INC. 1 2 3 4 Q. 5 A. 6 Q. 7 8 9 10 11 12 A. 13 Q. 14 15 A. 16 17 18 19 20 Q. 21 22 23 A. job, learning the requirements. But 34 there was a person in place caking care of those two functions. Mr. Byrd? That's correct. Do you also -- Have you also had to rely to a significant extent on support from corporate? By that I mean higher up in the organization, personnel who are focused and trained in industrial hygiene and safety. I do utilize resources in those arenas. And chose resources have been present throughout your career here? In che industrial hygiene and safety arena. I don't know if they were present all the cime I have been at Monsanto. They have been there since I have assumed those responsibilities. Are you the person who actually signs off on a lot of tbe documentation chat is generated in these areas? I don't understand the question in terms REGIONAL REPORTING SERVICE, INC. 1 2 3 4 5 6 Q. 7 8 9 A. 10 11 12 13 14 15 16 17 18 19 20 Q. 21 22 23 . 36 sufficiently serious that they want people very high in the organization to be very cognizant of them and Co sign off on them? MR. COX-. Object to the form. Go ahead. MR. COX: If you understand the question. Well, I don't know if it's because of the seriousness. I know chat che corporate signature requirement is a financial mechanism, as to the level of sales within -- as in financial, where if you don't have a certain level of sales or a certain number of employees. it requires a corporate signature. I don't think that is based on che severity of the application. I think it is just a regulatory requirement. Okay. Let me talk to you for a moment about your authority as opposed to your responsibility. Do you have spending authority at the plant? REGIONAL REPORTING SERVICE, INC. HARTOLDMON0014629 1 A. 2 Q. 3 4 5 6 7 A. e Q. 9 10 A. n Q. 12 13 14 A. IS 16 17 Q. 18 19 20 21 22 23 A. 37 Yes. Is there a dollar figure beneath which you can expend funds but above which you have co obtain approval, or is there an annual budget where you are given a certain allocation of funds? Yes to both of those. What was the -- What is your fiscal year? Is it a calendar year? Yes. In calendar '97, what was the budget for your group, the environmental safety and health group? I hate to admit it, but I don't know. can pull out my cost sheets and tell I you. If you -- If I said put it in as broad a range as you have to to feel comfortable it is somewhere within that range, would that make your life any easier, or are you still not even -MR. COX: Don't guess. I would be uncomfortable because I would REGIONAL REPORTING SERVICE, INC. 1 2 3 4 A. 5 Q. 6 7 8 A. 9 10 11 12 13 14 Q. IS 16 17 18 19 20 21 22 23 39 within the plant to instruct whoever you see to change their behavior in that respect? Yes. And I assume you have done that from time to time. MR. COX: Object to the form. There have been observations that have been made, "Did you forget* your side shield for your safety glasses? Be sure and remember co wear your harness when you are in elevated work positions," things like chat. 1 Npw, those -- To take the two examples you just referred to would be what I would refer to as safety matters. although sometimes it's difficult to separate safety and health. Any example of an environmental situation where you can recall giving an irrmediace command or suggestion, if that is the word you prefer, to a worker, out of something of an environmental concern? REGIONAL REPORTING SERVICE, INC. 1 2 Q. 3 4 A. 5 6 7 Q. 8 9 10 11 12 A. 13 Q. 14 IS 16 17 A. 18 Q. 19 20 21 22 23 be guessing. 38 That's fin*. Do you know what 1998's budget is? I did when we were developing the budget. But right off the top of my head. I can't tell you what it is. Okay. Do you know if anything - - if any costs associated with all that remediation work that is going on out there is involved in chat budget, or is that all outside of what you spend? That is totally outside of my budget. Okay. What's Che dollar figure that -- beneath r.r* free Cc t expenditures but above which you have to obtain approval? Twenty thousand dollars. What about in terms of giving orders? It you are walking through the plant and you see something going on that in your professional judgment is not good environmentally, health-wise, or safety-wise, do you have the authority REGIONAL REPORTING SERVICE, INC. 1 A. 2 3 Q. 4 5 6 7 8 9 10 A. 11 Q. 12 13 14 15 16 Q. 17 18 19 A. 20 Q. 21 A. 22 23 40 I can't remember one I have been exposed to where that was necessary.* okay. In the hierarchy of the plant. you have cold us that Mr. Byrd and Mr. Hopper report to you in their respective responsibility, and you in turn, I assume, have a direct in-line report authority, responsibility to the plant manager? That's correct. Do you have any -- I forget the phrase Mr. Hamilton used to describe to you -- MR. COX: Dotted lines and straight lines? MR. CUNNINGHAM: Yeah. Do you have some responsibility or reporting requirements to St. Louis as well? Yes. Tell me about those, please. That is - - My direct -- I have just one, and that is my direct line boss in St. Louis. REGIONAL REPORTING SERVICE, INC. HARTOLDMONO014630 1 Q. 2 A. Q. 4 5 A. 6 7 Q. 8 9 10 Q. 11 A. 12 Q. 13 A. 14 Q. 15 16 17 18 A. 19 20 21 Q. 22 23 ' 41 Who is chat? Hia name is Max McCombs. >v. T is che SoluCia corporate ESH person? He is the ESH lead for Region One, which Anniston is a part of. Hell, who is che big dog for ESH in Solucia? MR. COX: Object to the form. Who is the top person? Mike Pierle. P-e -- p-i-e-r-l-e, I believe. And vhat sort of relationship, if any. do you have in your working responsibilities and authorities vis-a-vis Alan Faust? Primarily just an informational type relationship, what we are doing this week, what is scheduled. In terms of you providing information to him or him providing information to you or both? REGIONAL REPORTING SERVICE, INC. 1 Q. 2 3 A. 4 5 Q. 6 A. 7 Q. B A. 9 10 Q. 11 A. 12 Q. 13 14 15 16 17 A. 18 19 Q. 20 21 22 A. 23 Q. 43 What was Ms. Pugh's role that you were supervising her about? She worked both with ground water reporting and air permit applications. Is she still at the plant? No, she is not. Do you know where she went to? She is with Monsanto at our Luling, Louisiana facility. * Okay. When did she leave? it has been at least three years ago. The only ground water reporting Z would know of at chat plant, from what I understand in that time frame, would be an NPDS kind of permitting. Anything else? NPDS would be surface water. This was ground water. So did you have that remediation system in place for che ground water, pump and treat? Yes. So she was doing that? Okay. REGIONAL REPORTING SERVICE, INC. 1 A. 2 Q. 4 5 A. 6 Q. 7 8 9 A. 10 Q. 11 12 13 14 A. 15 Q. 16 A. 17 18 Q. 19 20 A. 21 Q. 22 23 A. Him providing information to me. 42 And iB there something you are doing in terms cf acting upoii a.****.*.*_*** when you receive it? No. It is courtesy. * Okay. Are you providing any ESH support to the contractors who are conducting the remediation? No. Have there been any folks, aside from Mr. Byrd and Mr. Hopper, that you have been the direct supervisor of while you have been here in Anniston? Yes, one other employee. Who would that be? Michelle -- Just a -- Let me think of Michelle's last name. We'll talk about her in a little bit and -- Pugh, P-u-g-h. I hope she wasn't in charge of air emissions control. I told you I have a terrible memory. REGIONAL REPORTING SERVICE, INC. 1 2 3 A. 4 Q. 5 6 7 A. a Q. 9 IQ A. 11 Q. 12 13 14 A. 15 16 17 18 Q. 19 20 A. 21 Q. 22 23 44 Do you know what the average rainfall is at the plant? No. Do you know what the heaviest twenty-four hour rain event has been since you have been there? No. Do you know what the average temperature is at tbe facility, ambient? No. I assume you do get over a hundred degrees Fahrenheit for stretches of time in the summer? If we do, it'8 not but maybe a day or two. I don't remember any long stretches of over a hundred degree weather. What are the normal winds at the facility? I have no idea. Do you all do anything by way of monitoring temperature, rainfall, or wind at the facility? REGIONAL REPORTING SERVICE, INC. HARTOLDMONO014631 1 A. 2 3 Q. 4 5 A. 6 7 e Q. 9 A. 10 Q. 11 12 A. 13 14 Q. 15 16 A. 17 18 19 Q. 20 21 22 A. 23 Q. 45 We monitor rainfall. Temperature and wind, I'm not aware of. So who would be keeping track of how much rain you are getting down there? The lab keeps track of it, and then we report it in a report that we submit every six months * Who is that going to? ADEM. And ia that part of what particular regulatory compliance? Solid Waste Management Unit semiannual report. Okay. And that has to do with the south end landfills? It has to do with pump and treat systems that are - - some on the south landfill and some on the plant site. So you know that you are recording it. but as you sit here today you couldn't tell me what kind of numbers -I have no idea. I assume you have been asked to collect REGIONAL REPORTING SERVICE, INC. 1 2 Q. 3 4 5 6 7 8 9 10 A. 11 Q. 12 13 14 A. 15 16 17 18 19 20 21 22 Q. 23 47 Society. Okay. And what about community right to know kind of compliance? Are you aware of a federal statute that says certain activities within this industrial facility involving chemicals that the local community is entitled to know. certain aspects? Are you familiar with that statute? ' Ub-huh (indicating yes). Do you have any role of the plant as far as Anniston or Solutia's compliance with that statute? The SARA reporting requirements. That is 311 and 312, I think, are the titles. That falls within the realm of my group. I don't prepare that report. That has also been done with the safety and health organization. I did review the report this year, but that's the extent of my involvement. Am I to take it from that that Mr. Byrd prepared it or that someone in St. Louis REGIONAL REPORTING SERVICE, INC. 1 2 3 4 A. 5 6 7 8 Q. 9 10 11 12 13 A. 14 15 16 Q. 17 A. 18 19 20 21 22 23 46 that data because somebody thinks it's important. MR. COX: Object to the form. It's a requirement in the regulations that that be reported, along with the ground water data. For what reason, X don't know. Okay. Do you have any role in conmunicating with the local community. the surrounding neighborhoods in your job as environmental safety and health person? I don't have a normal role. I have done that, very limited, but there have been a couple of instances where I have -Tell me about those instances. And once again I apologize, because I can't tell you because my memory is very poor. But either the Kiwanis or the Rotary for Anniston and either the Kiwanis or Rotary for Oxford I have spoken at before, the Anniston Civitan Club and the Anniston Historical REGIONAL REPORTING SERVICE, INC. 1 2 A. 3 Q. 4 5 6 A. 7 8 Q. 9 10 A. 11 12 13 14 15 16 Q. 17 18 A. 19 20 21 22 23 43 prepared it? Mr. Byrd prepared it. * Do y'all have a siren there at the facility that if there is a release of something the siren goes off? There is an emergency siren at the facility. And in what sort of circumstances does that get used? It's tested every Tuesday at two o'clock, is the main time it would ever be heard. It would be used in the event of an emergency in the plant, to alert the entire plant site that there is an emergency taking place. What are the workers instructed to do if ehac siren goes off? It depends on which tvne nf is sent out. There is a severe weather signal. There is an imminent threat of tornado signal. There are just general signals for emergencies in a quadrant of the plant. This plant is divided into REGIONAL REPORTING SERVICE, INC. HARTOLDMON0014632 1 2 3 Q. 4 5 6 7 8 9 A. 10 Q. 11 12 13 14 15 A. 16 17 18 19 20 21 22 23 Q. 49 four quadrants, and each quadrant has its own signal. Okay. Is there a signal that is -- that you would use this siren for to alert not just the people within the confines of the plant but also adjoining the plane nearby, for instance, chat there has been a chemical release? No. It's not used for that. Ia there a mechanism in place that has actually been used or is on the books as a planning mechanism for notification to the surrounding comnunity in the event of a release? There are sirens around the plant that are connected up with the Calhoun County EMA, that in the event of a catastrophic release in the plant, when we notified them, they would begin sounding their sirens. And it has a loud speaker where it tells what the siren is going off for. Okay. Any sort of radio communications REGIONAL REPORTING SERVICE, INC. 1 2 3 4 5 6 Q. 7 8 9 10 A. 11 12 Q. 13 A. 14 Q. 15 A. 16 Q. 17 18 19 20 21 A. 22 Q. 23 51 meetings that were held at Mars Hill and at Bethel Baptist churches when the property purchase program was rolled out. I did not speak at those meetings. but I accompanied the Prudential folks. And why were you chosen for that particular meeting? What were you understanding your role was to be in this? ' Primarily just as an escort for them. help them get set up and all. Here you introduced at those meetings? I do not believe so. Okay. You don't remember speaking? Ho. When you say you accompanied people, the people you remember being there and doing the speaking were people with - - Did you say Westinghouse -- Prudential. I'm sorry. {No audible response.) Do you remember when those meetings occurred? REGIONAL REPORTING SERVICE, INC. 1 2 3 A. 4 Q. 5 6 7 Q. 8 9 10 11 A. 12 Q. 13 14 A. 15 16 Q. 17 18 A. 19 Q. 20 21 22 23 A. 50 that also sometimes take place or that are in the plant? There are radios in the plant. Well, where I'm from -- MR. COX: He is talking about something different. In Louisville there is a group of chemical companies, and they have a radio frequency in the event somebody has a release. No. people can tune that to a particular frequency for a statement. There is nothing like that that I'm aware of. Are you involved in any sort of outreach to the cocmnunity? No. Were you ever involved in notifying or ccflimunicating to the neighbors the PCB contamination in the vicinity of the plant? I went along with or accompanied che REGIONAL REPORTING SERVICE, INC. 1 A. 2 3 Q. 4 5 6 A. 7 Q. 8 9 10 11 A. 12 13 14 15 16 1? 18 Q. 19 20 21 A. 22 Q. 23 . 52 I would be guessing. I would guess ' 95, early '95, sometime. ` Do you think you would have done one of your memorandums to the record regarding that meeting? No. When do yvXk uxbl advised its neighbors that there was a problem with PCB contamination in the neighborhood? I don't know historically. I know that since I've been there that a notification was made shortly after it was discovered, after we did the testing in the drainage ditch and found it. How soon after that, I don't know. I don't remember. When do you recall -- Was that when you first became aware of the fact that there was sane contamination? Yes. When you say you tested the drainage ditch, are you talking about at the west REGIONAL REPORTING SERVICE, INC. HARTOLDMONO014633 1 2 3 4 A. 5 Q. 6 7 A. 8 9 Q. 10 11 12 A. 13 14 Q. IS 16 17 18 19 A. 20 Q. 21 22 23 S3 end landfill or the drainage ditch over on what I would call the eastern side of things? The drainage ditch on the east side. Okay. And when do you think that was sampled? I would -- I think that the soil sampling -- I would think it was in '9S. You say soil sampling. Has there scene other kind of sampling that predated or postdated the soil sampling? There was storm water sampling that predated the soil sampling. Okay. And was that off-site, on-site? MR. COX: What are you talking about, soil sampling or the storm water? MR. CUNNINGHAM: The storm water. It was on-site. And I'm assuming the soil sampling was off-site, because you said that is what led you to first realize there was contamination off-site. REGIONAL REPORTING SERVICE, INC. 1 2 3 4 5 6 7 8 Q. 9 A. 10 11 12 13 Q. 14 A. IS Q. 16 17 18 A. 19 20 21 22 23 Q. SS was during a transition period, when they were bringing in remediation folks that had more expertise in that area. And my expertise is in regulatory compliance. And with my responsibilities to the plant, I couldn't do both jobs. Okay. So when you ask if I was making that decision, in the decision-making process, I was in the perimeter of that process, but no, I wasn't making -Okay. -- where we sampled type decisions. And Garrity and Miller not only cook the samples, but I'm assuming they also did the analyses? There were two types of analyses done. There was a field analysis done called immunoassay. Then there were confirmatory samples that were taken and sent off for analysis at an outside lab. And you as the environmental safety and REGIONAL REPORTING SERVICE, INC. 1 A. 2 3 4 5 6 7 8 9 10 Q. 11 12 A. 13 14 Q. IS 16 A. 17 Q. 18 19 Q. 20 21 22 23 A. 54 For clarification, on the east side, we owned blocks of property over there that intermingled with privately-owned property. So there was sampling being done on our property when we Btarted the soil sampling, plus there was sampling done on private property after authorization was obtained from the residents, the owners of that property. Okay. And who conducted these -- First, who collected the samples? The sampling was done by Garrity and Miller. And why was it that Garrity and Miller was brought in to do chat, if you know? Expertise. Here you involved in that process? MR. COX: Object to the form. Yeah. Let me explain what I mean when I Bay the word "process." Here you involved in trying to figure out what was going on over there? As kind of to the outside, yes. This REGIONAL REPORTING SERVICE, INC. 1 2 3 4 5 6 7 8 9 A. 10 11 12 13 Q. 14 15 16 17 18 19 20 21 22 23 56 health man at that plant, the first time it was brought to your attention that there may have been PCBs released from the south end landfill that had gone and contaminated property east of the plant was when chose sample results came back to you? MR. COX: Object to Che form. At the time this was taking place, I did not have the safety and industrial hygiene function. My function was solely environmental. Okay. I'll rephrase my question. In 1995, as the envirormental engineer for the plant, are you testifying here today that Che first time you had any information to suggest chat there might have been PCBs leaking out of the south end landfill and contaminating property east of the plant, in the vicinity of the Mars Hill Missionary Baptist Church, was in 199S? MR. COX: Object to the form. You i REGIONAL REPORTING SERVICE, INC. T* HARTOLDMONO014634 1 2 3 4 S 6 A. 7 B 9 10 11 12 13 1A 15 16 17 IB 19 20 21 22 23 57 are assuming a lot in thac question, Charlie. MR. CUNNINGHAM: And I may be assuming wrong. That is what I want him to -- I became aware that PCBe were even an issue from the south landfill -- whatever their source, I can't tell you chac I knew the source -- when we did storm water sampling off the south landfill. Over the next year there was additional sampling that was done, and it was not until -- And I don't have the <4***~. Pur it *as not until sampling was done on one particular sample, where storm water leaving the south landfill came back non-detecc and a sample pulled over on the east side, over near Bethel Baptist Church, showed PCBs in the storm water. That's the first time I became aware that there might be a source of other contamination other than the south landfill. REGIONAL REPORTING SERVICE, INC. 1 2 3 A. 4 5 6 7 8 9 IQ 11 12 13 14 15 16 17 18 19 20 21 22 23 Q. 59 they had made PCBs here at the Anniston facility? I guess I -- I don't know that it was ever mentioned to me when I interviewed for the job. But when I started working in February of 1990 one of my first jobs that I had or first things I cook care of was to arrange the shipment of material that had been rembved from ditches, thac left the plane site, that had PCB contamination in them. I arranged for che -- They haul already done all of the remediation work and stockpiled the dirt and awaited lab analysis on PCB levels in the dirt. And that analysis came back right about the time I started working there. So I coordinated the shipment of that dirt to Emelle and the manifesting of it. And I guess chac would be - That*8 my first memory of any PCB association with the Anniston site. And where did Chis dirt come from? REGIONAL REPORTING SERVICE, INC. 1 Q. 2 3 4 5 6 7 A. 8 9 10 Q. 11 12 13 A. 11 15 16 17 18 19 Q. 20 21 22 A. 23 Q. Okay. Let me try to be more precise. 58 Had anyone suggested to you or had you seen anything that suggested to you, prior to that sequence that you just described, Chat the south end landfill might be leaking PCBs? I have never seen anything that suggested to me that the south end landfill is leaking PCBs. Okay. And to this day you don't believe that any water running off that landfill has been contaminated with PCBs? I believe that storm water moving off W- l. --W 7 a J 1 ae a ------ . .. waII11-1 ^ a ' - ta, a.4. a. that has residual PCBs on the dirt and removed it as a transport mechanism. I simply state that to clarify that is different to me than a leaking landfill. Tou haven't seen the documents from back in the early '70s that talk about the PCBs coming off the landfill? No, I have not. When did you first become aware that REGIONAL REPORTING SERVICE, INC. 1 A. 2 3 4 5 6 7 Q. 8 9 A. 10 11 12 13 14 15 16 17 18 19 20 21 22 23 60 A drainage ditch that is part of our DSNa. That is one outfall - - On our DSNs, chat is one outfall that flows through. I don't know the exact boundaries of where it was dug out. I just know it was over in that area. Tou will have to help me with the general location. That would be on the east side, over around the Bethel Church area, I believe. I know there was a ditch there thac was - - I assume chac was pare of ic because ic was cleaned oue and culverCed -- or a culvert was put in and covered over. I always assumed chac is where the dirt came from. Like I said, I waB brand new to the plant. PCBs had not been manufactured there in over twenty years. I walked in, and they Baid, "We need to ship that dirt co Ehtelle." I handled shipping it and quite truthfully did noc think of PCBs again until they showed up on Che west end landfill. REGIONAL REPORTING SERVICE, INC. HARTOLDMONO014635 1 Q. 2 A. 4 5 Q. 6 A. 7 Q. S 9 A. 10 11 Q. 12 13 14 15 16 A. 17 Q. 18 19 20 21 22 23 61 Now, do you remember the quantity of dirt that you sent out? XL - - My memory in between forty-five and fifty cruckloadB. Do you recall what chat cost? I have no idea. And had it been stockpiled somewhere while the analyses were being done? Tes. It was located up on the south landfill Now, I have heard, I believe -- correct me if any of this sounds inconsistent with your understanding -- in the late '80s -- That would have been before you got there, right? That's right. -- that dirt was excavated from Snow Creek, and Chat was temporarily stockpiled on the south end landfill before being sent to, I think, Emelle. Are you confident chat Che dirt we are talking above is scuff from this ditch on-site or was it off-site? REGIONAL REPORTING SERVICE, INC. 1 2 3 4 A. 5 6 7 a 9 10 11 12 13 Q. 14 A. 15 16 17 Q. 18 19 20 21 22 23 A. 63 any, residual PCS levels in the soil -Not Chat you hauled off, but that was still in place. There was a sampling that was done as part of che investigation, when it was found that there was sane part per million level PCBs in the storm water coming off the south landfill. When that was done, I'm not sure. It was within, I would guess, two years after or three years after that was discovered. Okay. I don't know exactly the dates or anything on it. (Discussion held off record.) Mr. Jones, let me make sure I'm clear. Are you the person who reported to ADEM that there was reason to suspect there may have been a release of PCBs off the south end landfill? MR. COX: Object to the form. I'm the one that reported that we REGIONAL REPORTING SERVICE, INC. 1 A. 2 3 4 5 6 7 a 9 10 11 12 13 Q. 14 15 16 17 IB 19 A. 20 Q. 21 22 23 I think it was both. I think it was 62 that drainage ditch and the first -- I don't Know -- maybe titty teet or wnere it emptied into Snow Creek. I don't know the exact segments and all, but I know there was some of the ditches. Actually they say Snow Creek because these ditches drain to Snow Creek. But the area, as I understand it, that was excavated is prior to actually entering Snow Creek itself. I may be wrong on that. Okay. And a lightening bolt will not come down out of the sky if you are incorrect. We are just crying to get your understanding. So this may have been what was excavated in the late '80s? Oh, it was. It was. All right. And do you know - - Have you seen any data where someone came along after that excavation to determine what, if REGIONAL REPORTING SERVICE, INC. 1 2 3 Q. 4 5 A. 6 7 Q. 8 9 10 A. 11 Q. 12 13 14 A. 15 Q. 16 17 18 19 20 21 A. 22 23 Q. 64 detected PCBs in the storm water cnm-incr off the south landfill. * And you did that because you had to, right? I did that because it's required as part of the storm water permitting process. Okay. And that's what you do, is regulatory compliance. That's your expertise, correct? Correct. And as Boon as you were advised or became aware of this data, you turned around and advised ADEM of it, correct? * That's correct. But you had not been told anything by anyone at Monsanto before Chen that gave you any reason to suspect that there might have been any PCBs in any medium coming off that landfill historically or presently? ' I had no reason to believe there would be. If someone had shown you same data that REGIONAL REPORTING SERVICE, INC. HARTOLDMONO014636 1 2 3 4 5 6 7 A. 6 9 Q. 10 A. 11 12 Q. 13 14 IS A. 16 Q. 17 18 19 20 21 22 A. 23 65 suggeaced there had been releases through storm water or just PCBs literally coming off chat landfill. would you have reported it earlier, had you been told that? MR. COX: Object to the form. Are you saying if I had data that I had received that showed that? Uh-huh (indicating yes) . If it was a data of an ongoing release. yes, I would report it. Okay. What if it was just data that suggested there had been releases in the past? I would have nothing to report. Even if you had reason to suspect there were PCBs in the neighborhood, you wouldn't feel an obligation to report that there had been a past release chat resulted in PCB contamination in the neighborhood? X was not aware of any previous contamination in the neighborhood. REGIONAL REPORTING SERVICE, INC. 1 2 3 Q. 4 5 6 7 8 A. 9 10 11 Q. 12 13 14 A. 15 16 17 1A 19 20 21 22 23 67 needed to make any notifications to anybody. So you had no idea what the reporting requirements were if there had been a release that had resulted in contamination in the past? MR. COX: Object to the form. I had no background in PCBs and any reporting requirements associated with PCBs. Okay. But you knew enough to make the report on the ongoing potential release via the storm, water, correct? Because after discussions with ADEM, it was decided on our next storm water sampling event to sample -> in addition to the other materials that we were for, to sample for PCBs. And just like if I had found any of the other compounds present in chat discharge, be it PCBs or any of Che other parameters we were looking at, I would have made Che nocificacion Co REGIONAL REPORTING SERVICE, INC. 1 Q. 2 3 4 5 6 7 8 9 10 11 12 13 14 IS 16 17 A. 18 19 20 21 22 23 I understand chac, and I'm not 66 suggesting that you didn't report ic. I'm saying if you had been provided with information when you came on board at any point that would have suggested to you that there had been a historical release as opposed to an ongoing release that had resulted in PCB contamination of the neighborhood east of the plant. would you have felt it necessary to report than to ADEM? MR. COX: Object to the form. There ie no context, no foundation. MR. FITE: Improper hypothetical. MR. COX.* That too. If it was a historical release, if that's what you're asking, I would have assumed it had already been handled by personnel with expertise in that area. hike I testified, I had no background in PCBs at all. I don't know chat 1 would have been alerted that I REGIONAL REPORTING SERVICE, INC. 1 2 Q. 3 A. 4 Q. 5 6 7 8 A. 9 10 11 12 13 ' 14 IS 16 17 ie 19 Q. 20 * 21 22 23 A. 60 ADEM. When you came to the plant in 1990 - - That's correct. -- did you go back and review the historical records that were available within Monsanto about the operations of the plant? I reviewed the records that were available within my area, what environmental records were available at the plant. Normal record retention for most environmental records is three years. PCBs, like I said, had not been manufactured at that plant in almost twenty years. Quite truthfully, there weren't any historical records for me to bo sitting there . So are you saying that you all routinely destroy your environmental records after three years? MR. COX: Object to the form. I'm saying that normal retention -- REGIONAL REPORTING SERVICE, INC. HARTOLDMONO014637 1 2 3 4 5 6 Q. 7 8 A. 9 10 11 12 13 14 15 16 17 IB 19 Q. 20 21 22 23 A. 69 regulatory required retention, environmental records, i.e., things like hazardous waste manifests, things along those lines, normal retention for that is three years. I'm asking you what you all do in Anniston. Corporate policy on that is, I believe. three years on most records, unless they are regulatory required to be maintained; i.e., some training records are required to be retained for the entire employment of an employee, things like that. If it's regulatory required more than three years, then they are retained longer than that. But normal retention for most records is three years. One of the first things you did when you got there was to haul away forty-five to fifty truckloads of stuff to Emelle, Alabama; is that right? That's correct. REGIONAL REPORTING SERVICE, INC. 1 2 3 4 g. 5 6 7 a 9 10 11 12 A. 13 14 IS 16 17 18 19 Q. 20 A. 21 22 23 Q. 71 but I don't remember what. It very definitely was absolutely nothing to do with Mars Hill Baptist Church. And with all due respect for a guy who has on repeated occasions today told me his memory isn't all that great, but now definitely sure that the conversation didn't deal with Mars Hill. I'm not questioning that. *I'm just wondering why you are so certain of that. Because I did not know that Cassandra Roberts was a member of the Mars Hill Church until within the last year and a half or so. And I know the discussion that I had with her was before I knew that she was a member of the Mara Hill Baptist Church. Okay. In fact,- I thought she went to Bethel, because her mother lived right over near Bethel. Now, I assume you have regular contact REGIONAL REPORTING SERVICE, INC. 1 Q. 2 3 4 5 A. 6 Q. 7 8 9 10 11 12 13 A. 14 Q. 15 16 17 18 19 20 A. 21 22 23 And although you don't remember what . 70 that cost, can we safely assume it wasn't cheap? Is that a fair statement? MR. COX: Object to the form. It was more than two dollars. You didn't make any effort to go back and review historical records to determine the nature of the PCB operations to get a better handle on the scope of whatever contamination may have existed? MR. COX: Object to the form. No, I did not. Aside from escorting Prudential to that meeting at the Mars Hill Missionary Baptist Church, to your knowledge have you ever had any other ccxranunications with anyone at the Mars Hill Missionary Baptist Church? I know that I spoke with Cassandra Roberts one time. I can't remember what it was in reference to. I think it was associated with the property purchase. REGIONAL REPORTING SERVICE, INC. 1 2 A. 3 Q. 4 5 6 A. 7 g. a 9 10 A. n 12 Q. 13 14 A. 15 16 17 18 19 20 21 22 23 Q. 72 with government regulators? As required. * What agencies do you have regular contact with? ADEM, I assume, obviously. That's the only one. okay, ana oroxen up into particular divisions or departments or whatever? Land division, air division, water division. Do you have regular communication with all three of Chose divisions? I don't know if I would call it regular. If I have a question, I call them, if I'm submitting a permit application or report of some sore and have a question about how do you want this, would you rather this, those type questions. But in terms of just every Thursday I pick up the phone and call them, no, I don't have that type of regular contact. No. I certainly didn't mean a scheduled REGIONAL REPORTING SERVICE, INC. HARTOLDMONO014638 1 2 3 4 A. 5 Q. 6 7 a A. 9 Q. 10 11 12 A. 13 14 15 16 17 18 19 20 21 22 Q. 23 73 conrnunication. But you are the person that transmits paperwork to them and gets stu from them as well, I presume? That's correct. And if I said who is the contact person at the land division, you might even know a name? Yes. Who is the person that you think of when the land division comes up? Who do you deal with there? Well, I have dealt with several people in the land division. Probably if I were going to make a call with a question at this time that was a permit driven type question, I would probably call Steve Cobb, because there has been a recent change in the permit engineer. and I`m not real familiar with our new permit engineer. So out of familiarity. I would probably call Steve. What about in the air division? Who are you familiar with there? REGIONAL REPORTING SERVICE, INC. 1 A. 2 3 4 5 6 7 8 Q. 9 10 A. 11 12 13 Q. 14 15 16 17 A. 18 19 20 Q. 21 A. 22 23 75 Unless they had a complaint called in about the facility, you know. Part of the purpose of having the audit, week long audit, is so that they don't feel like they need to come in and make surprise inspections, because they do such a thorough audit when they come in. Is there an Alabama state government equivalent to OSHA? If there is, I've never dealt with them. My only dealing has been with the federal OSHA people. Okay. And what about in the industrial health context? Is there a governmental entity that you deal with in that part of your responsibility? I have not dealt with anybody. That would, I would chink, fall under part of OSHA. Okay. What about the federal EPA? I have spoken with somebody from ehe federal EPA maybe a half dozen times in the last eight years. REGIONAL REPORTING SERVICE, INC. 1 A. 2 3 4 S 6 Q. 7 A. 8 9 10 11 Q. 12 13 A. 14 Q. IS 16 17 A. 18 19 20 21 22 Q. 23 74 Well, our current air permit engineer is Daphne Young. I don't know if Daphne is going to maintain our site or not. But currently if I had a question, I would call Daphne. And in the water division? I have not met our new water engineer. I know somebody has been delegated into that position. If X had a question, I would probably call Jiitmy coles. Now, you said ADHM was the only organization that you deal with -- Routinely. Is there some governmental entity that impacts your facility with respect to safety and health? OSHA does. But primarily in - - We are an OSHA certified star work site, which means that every three years we have a full OSHA inspection of the site to maintain our star status. And does that mean you don't see OSHA between those three-year visits? REGIONAL REPORTING SERVICE, INC. 1 Q. 2 3 A. 4 Q. 5 6 7 A. 8 9 10 11 12 13 14 IS 16 17 18 19 20 Q, 21 A, 22 23 76 Do they just -- Has everything here in Alabama been delegated to the state? Yes. What sort of waste streams do you generate there at the facility presently? We have nonhazardous trash, gloves. things like that that are generated out of both of the production units thac we ship to Emelle simply because it is a corporate policy if it has any potential chemical contamination that we send it to secure landfills. In liquid wastes, we have -- The only real liquid waBtea we have are lab solvents that come out of the lab. We are considered to be a small quantity generator because we generate such a small quantity of waste. What do you do with it? The liquid waste is sent to what used to be Rollins. They have been bought out by Laidlaw to be incinerated. REGIONAL REPORTING SERVICE, INC. 1 HARTOLDMON0014639 1 Q. 2 A. 3 4 5 6 7 8 9 10 11 Q. 12 A. 13 15 16 17 q. 18 19 A. 20 Q. 21 A. 22 23 77 Okay. We generate crushed fluorescent light bulbs Chat we send ofC Co a reclaimer about once a year. We also collect -- We have never filled up an entire' container, more than twenty of them -- things like cadmium batteries from calculators, things that could not normally go to -- could not be manifested out as a hazardous waste. So that's it in terms of waste streams? Well, we have used oil, but that is -- We are registered as a used oil burner piuctbriui under the used oil regs. And we use the used oil as a fuel in our boiler. That is a very small quantity. Now, I know you have got some internal waste streams that you treat, correct? You mean like waste water? Yes. Yes. We have waste water off of our para-nitrophenol treatment plant that is created in our on-site waste water REGIONAL REPORTING SERVICE, INC. 1 2 3 4 5 6 7 8 9 Q. 10 11 A. 12 Q. 13 A. 14 Q. 15 A. 16 Q. 17 18 19 A. 20 21 22 23 79 calculate a fugitive emission. It's not something you have tested or measured. It's an assumed emission based on the SOOII factors. And that is for all chemicals in the plant, from PNP to PNCB, cumene, benzene, polyphenyla. everything from raw materials through finished products. Okay. What did you say before the benzene? Cumene. How is that spelled? C-u-m-e-n-e. Do you know what chat is chemically? No. Okay. Does it have any kind of hazardous properties or toxic properties, either one? Well, the CIRCLA reported quantity for it is very high. I chink it's five thousand pounds. So it's not something that is considered a real bad actor, I don't think. REGIONAL REPORTING SERVICE, INC. 1 2 3 4 5 6 Q. 7 a 9 10 11 A. 12 Q. 13 A. 14 15 16 17 18 Q. 19 20 21 A. 22 23 78 treatment plant, and then it is sent to the City of Anniston POTW. And then we also treat ground water in our pump and treat systems in that same waste water treatment plant. So in terms of present emissions, you've got that release to the POIW, which is after treatment, and that's basically what you've got, then? Do you have any air emissions? Fugitive air emissions, yes. What does that consist of? That's ypur calculated air emissions off equipment, valves, pumps, tianges. it is a calculated number based on SOQ4I air emission factors. SOCWI is spelled S-O-C-M-I. What sort of things does it consist of. the composition? What' sort of things are you emitting presently? Well, any equipment that you run chemicals through are going to have -you have a SOCMI factor that you have to REGIONAL REPORTING SERVICE, INC. 1 Q. 2 A. 3 Q. 4 A. 5 6 Q. 7 8 A. 9 Q. 10 A. 11 Q. 12 A. 13 14 15 16 Q. 17 18 A. 19 Q. 20 21 A. 22 23 80 PNCP? CB, para-nitrochloralbenzene. That is not a finished product for -- That is a raw material we receive from one of our other plants. And what is its hazard or toxic characteristics? None that I know of. . And the benzene? Benzene is listed as a known carcinogen. PNP? The only label that I know of for PNP is . that it*a a class B poison, which I * think is interesting since it's used to make acetaminophen for Tylenol. Are you all landfilling anything on-site presently? No. Has that ever been done in your tenure there? * The only landfilling operation that has taken place since I was there was there was a demolition of a big three-story REGIONAL REPORTING SERVICE, INC. HARTOLDMONO014640 1 2 J 4 5 6 7 B 9 la n 12 13 Q. 14 15 16 A. 17 ie 19 20 21 22 23 61 building and another smaller building near the administrative building that was pare ot the downsizing of the plant that started in '86. And that was the final end of it, the demolition of that building. And a request was submitted to ADEM, since it was nonhazardous construction debris, to bury it up on the landfill as part of the final cap. That's the only thing. I wasn't really involved in that. That was more of an engineering function, but -Do you know what building it was, in terms of what had been produced in that building? It had had a store room in it for a while. It had had some lab facilities in it for a while. It had had transportation. It had -- The health clinic was in there. The changing room was in there. There wae a small conference room in it. The building, I believe, was built in 1928, so I don't REGIONAL REPORTING SERVICE. INC. 1 2 Q. 3 A. 4 Q. 5 6 A. 7 6 9 10 11 12 13 Q. 14 15 16 17 18 A. 19 20 21 22 Q. 23 know everything -- 62 But it wasn't a production building? No. Okay. So in the entire time you have been there your trash went to Emelle? Yes. Chemically contaminated or potentially contaminated trash. Office trash, paper crash used to go to the Calhoun County Landfill, but they have stopped accepting it there, and it now goes to St. Clair County Landfill and is handled through BFI. Okay. You mentioned, as far as your safety and health oversight, that you get a very substantial audit every three years. How often are you visited by ADEM for oversight purposes? In terms of environmental affairs? I got a little confused because you started with safety and industrial hygiene, and then you went to ADEM. Right. You gave me an idea of how often you get looked at for that. And I'm REGIONAL REPORTING SERVICE, INC. 1 2 3 4 A. S 6 7 8 9 E1 Q. 13 A. 14 15 Q. 16 17 18 A. 19 20 Q. 21 22 A. 23 63 just wondering, by way of contrast, when and how often do you get looked at by ADEM? At least once a year. There have been more visits by ADEM in the land division while the RCRA -- or the remediation activities have been ongoing. How often, I couldn't say. That is handled with remediation. A lot of times I don't even know they are in the plant. Is this something that they call ahead and say, "Hey, we are coming"? No. They call ahead from the front lobby and say, "We're here." And how many people -- Is it typically a division or all three divisions that come together? No. It's usually just a division, three to five people. When you say they show up once a year. is it -- No. I said they show up at least once per year. I have had them show up more ' ' 1 2 Q. 3 A. 4 S 6 Q. 7 6 A. 9 10 11 12 13 Q. 14 A. 15 16 17 18 19 20 21 22 23 Q. than once p^r- yai* 84 Are you saying some division shows up - - Every division shows up at least once per year, usually when I have something planned that afternoon. Was there any management going on in the south end landfill in your tenure? I'm not sure what you mean by "management." Let me tell you what has been going on during my tenure with the south landfill, and maybe that will suffice. okay. The normal maintenance and upkeep of the landfill as required -- We have two hazardous waste cellB that are certified closed by ADEM. And there are poet-closure requirements for hazardous waste cella, things likea security. posting of signs, maintenance of the lawn or the grasses so you don't get big trees growing and puncturing the liners. The caps? REGIONAL REPORTING SERVICE, INC. REGIONAL REPORTING SERVICE, INC. " HARTOLDMONO014641 1 A. 2 Q. 3 A. 4 5 6 7 e 9 10 Q. li A. 12 Q. 13 14 15 16 17 A. 18 Q. 19 20 A. 21 Q. 22 23 A. 85 The caps, Che cop layer. Are chere liners in any of chose cells? I'm noc sure of Che conscruccion. They were built way before X came. And chen also ground water sampling. And alsb when you say was there activity, there was the maintaining of the closed landfill type activities. Yea. Thac was during my Cenure. in other words, there has been nothing puc in Che landfills in your Cenure wich the exception of the demolition debris of that one structure that you mentioned? Thac's correct. But there has been the ongoing maintenance that you just described? That's correct. And who would have been doing thac ongoing maintenance? The walk-chrough inspections and Che REGIONAL REPORTING SERVICE, INC. 1 2 3 4 Q. 5 6 A. 7 Q. 8 A. 9 Q. 10 11 12 13 A. 14 IS 16 17 i: 19 20 21 22 Q. 23 87 -- That engineering group was supported by Jerry Brown, who y'all have already deposed and all. When you goc chere in '90, had they already closed the two cells that -- Yes. -- the easternmost cells? Yes. So you would have been concerned co ensure that whoever was doing it didn't threaten Che integrity of those caps, right? First, it was nowhere near the area of those cape. And secondly, like I said. Jerry Brown was heading up that organization. And Jerry predated me over all the environmental activity up to include being involved in the capping of those landfill cells. That was really handled totally by chat group. Have you ever walked up there on the landfill? Have you ever physically REGIONAL REPORTING SERVICE, INC. 1 2 3 4 5 6 7 8 9 10 11 Q. 12 13 14 15 A. 16 Q. 17 18 A. 19 20 21 22 23 86 ground water work were primarily being done by Jerry Hopper. The lawn mowing or the cutting of grasses and all up chere have been done by different groups. Anniston Concrete handled that for a while. B and B Lawn Services have done it for a while. And moat recently I believe Burford Tree Services, working in conjunction with the remediation group, has been maintaining cutting. okay. When you put chat demolition debris up there, I assume somebody had to physically transport it up there and then someone covered it up with dirt? Thac's correct. Was this Monsanto that did chose two things, or did you hire that out? I assume it was -- Well, I know it was hired out. I know we don't have the capabilities there at the site to do that. But like I said, that demolition and all of that work was being handled through the engineering group, who was REGIONAL REPORTING SERVICE, INC. 1 2 A. 3 Q. 4 5 A. 6 7 8 9 10 Q. 11 A. 12 13 14 15 16 17 18 19 Q. 20 21 22 A. 23 88 looked around up there? Yes. * When do you think you first got up chere and looked around? Sometime within the first three months that I was at the plant, I would guess. Zeah. I went up and looked at the dirt, I know -- and that was within the first month -- that was stockpiled up there. Has it -- Where was that? Right up next to the side of the mountain there is a -- The mountain comes down, and then it flattens out for, oh, I would guess, at least the length of a football field or more and then slopes down on the closed face of the landfill cells. And it was back up there next to cne mountain. Okay. Do y'all have any wells there on Che site, aside from this pump and treat? He have RCRA monitoring wells up there also. And then you have observation REGIONAL REPORTING SERVICE, INC. ' HARTOLDMONO014642 1 2 3 4 Q. 5 6 7 Q. 8 9 A. 10 Q. 11 12 A. 13 14 15 16 17 18 Q. 19 20 A. 21 Q. 22 A. 23 6 < 89 wells which are there to determine the effectiveness of the pump and treat wells. As far as you know there is no production well? Ever heard of them doing any deep well injection? No. What are the sources of water there at the plant? There is an old production well right in the dead center of the plant that has not been used, as I understand it, in ten or fifteen years. All of the water used in the plant is bought from the City of Anniston. And what is the source of drinking water in the plant? The City of Anniston. You don't have bottled water? No. We may have bottled water, like if we bring in like a training trailer that REGIONAL REPORTING SERVICE, INC. 1 2 3 4 Q. 5 6 A. i y. 8 A. 9 Q. 10 11 12 13 A. 14 Q. 15 16 A. 17 18 19 20 21 22 Q. 23 91 never saw any of those, because the landfill was already closed, but I have been told they were up there. Have you ever looked through the old photo book there at the plant? Yes. nave you ever noticed that -What appears to be, yeah. I've seen a lot about a wejt end landfill and south end landfill. Are you aware of any other landfills that Monsanto has created? No. Do you know what's in all the landfill cells? I know that -- Well, I don't know. But post production wastes, X would assume, are in there. Anything that had been produced at the plant during the life of that landfill, I would assume, was in there. Okay. You are not aware of any liners under any of these landfills, are you? REGIONAL REPORTING SERVICE, INC. 1 2 3 4 Q. 5 A. 6 Q. 7 A. a 9 10 11 12 13 14 15 16 Q. 17 18 A. 19 20 21 22 23 doesn't have fountain type 90 accessibility, but that would be the only case. Do you have any ponds or lagoons there? No. Have you had some in the historic past? There was a lagoon located over near the waste treatment area, asaociar.*** vni-v> parathion manufacturing. I believe it was a neutralization type basin before it went to waste water treatment. And then there were, I believe, two limestone beds that were used for polishing off waters that left the plant out the front outfall. What about lagoons on the south landfill or ponds? The only thing I have ever heard about on the south landfill were there were rainwater catchment basins at the front of the landfill cell to contain storm water that ran across the cell as it was being worked or filled or whatever. I REGIONAL REPORTING SERVICE, INC. 1 A. 2 3 4 5 6 7 8 Q. 9 A. 10 Q. 11 12 A. 13 14 15 16 Q. 17 18 A. 19 Q. 20 21 A. 22 Q. 23 92 The older landfills, i.e., the west end landfill and some of the older cells on the south landfill, I would say no, I'm not aware of them. And I don't know the design of the RCRA cells, if they had a liner under them or not. I don't know. Like I said, they were closed. Before you got there? Before I ever got there. And these all have caps over them now. right? There has been an additional cap added over all of the landfill cell areas. except there was no additional cap put on the RCRA capped cells. And these caps are clay and also a fabric, a geotextile? Yes. Do you know how much PCB is in the south end landfill? I have no idea. Do you know of any other location in the United States with more PCB buried than REGIONAL REPORTING SERVICE, INC. HARTOLDMONO014643 1 2 3 A. 4 Q. 5 6 A. 7 Q. 8 A. 9 10 11 12 13 14 15 Q. 16 17 ia A. 19 Q. 20 A. 21 22 23 93 that landfill? MR. COX: Object to the form. I have no idea. Do you have any underground storage tanks there at the facility? No, we do not. Are you aware of any historically? I believe there were same, but they were taken out. Monsanto made a corporate decision well before my tenure with Monsanto to get out of underground storage tanks completely. And as part of that, X believe they were removed at the Anniston site also. Do you have any idea what they may have buried historically in the USTs? MR. COX: Object to the form. Buried in the underground -I'm sorry. Stored. I believe one of the underground storage tanks was used to blend up acetone and PNP, because it was blended in acetone to go over and be used in the parathion REGIONAL REPORTING SERVICE, INC. 1 2 3 A. 4 5 6 7 a 9 10 11 12 Q. 13 14 A. 15 16 17 18 Q. 19 20 21 22 A. 23 Q. 95 makes it used and therefore no longer suitable? It breaks down. Most of your therminol fluids are long chain, organic chain compounds that overextended to high temperature use will break down or else will drive the hydrogen off them. And you can go in and reprocess them and cut out the clean, good fluid -back out of them, and what is left over is -- acts as a used oil fuel in the boilers. Do they ever come up with bad batches when they are making stuff out there? We have come up with off spec batches. But when you have an off spec batch. normally you isolate it and rework the batch. So in the entire time you have been there, they have never come up with stuff they just couldn't rework and had to get rid of? No. Do y'all have analytical capabilities. REGIONAL REPORTING SERVICE, INC. 1 2 3 4 5 6 7 Q. 8 9 IQ A. 11 12 13 14 15 16 17 Q. 18 A. 19 Q. 20 21 A. 22 23 Q. 94 process. And 1 believe there were two other small tanks, some sort of day tanks or production tanks of some sort in the parathion production area. And those are the only USTs I'm aware of at the site. In your tenure there has Monsanto ever taken waste from off-site, taken in waste from off-site? We have received back used oil in the form of our -- used therminol products and used them as a raw material to reprocess into new product or have used them as a fuel in a boiler. That's the only material I've ever known of coming back to the plant. Do you still do that today? Yes. How much of that do you run through in a year? I would be guessing to tell you a number. I truly could not tell you. What is it that happened to it that REGIONAL REPORTING SERVICE, INC. 1 2 A. 3 Q. 4 A. 5 6 7 a 9 10 11 12 Q. 13 14 A. IS 16 17 Q. 18 19 20 A. 21 22 23 . 96 clinical analytical capabilities there? Limited, but we do have seme. What do you have? We do GC analyses associated with our products, Borne limited things like BOD associated with waste water treatment discharge permit requirements. That's about all I know of. I know we don't have TOC capabilities. Anything like that we would ship off-site for analysis. Do you ever ship it to St. Louis or some other Monsanto facility? ' . That has recently been looked into as a cost-saving measure. But during my tenure, we have never done that. Any reason to know or tinder stand that perhaps there was greater analytical capability there in the historic past? I would assume there was because there was a much larger plant at one time. What the analytical requirements were during that time, I don't know. REGIONAL REPORTING SERVICE, INC. 1 HARTOLDMONO014644 1 Q. 2 3 A. 4 5 Q. 6 7 A. 8 Q. 9 A. 10 Q. 11 12 A. 13 J.4 15 16 17 18 Q. 19 20 21 A. 22 23 97 Do y'all have personnel who are dedicated to chemical analysis? We have a lab supervisor and then lab technicians who do that job. How many persons do you have devoted to that? ' One lab supervisor and four lab techs. Do you do any air monitoring there? We have not during my tenure. Do y'all do any monitoring around there now as part of the remediation? I know that they do some dust monitoring. But 1 really don't get into the remediation nuts and bolts. I think that is all they are doing, is monitoring the dust. I don't know of any other. You have never had a monitor set up at the plant or in the vicinity of the plant to check the air for PCB -- I know there was a monitor set up over by Mars Hill Church. I could see it from the road. I asked Alan Faust about REGIONAL REPORTING SERVICE, INC. 1 2 3 4 5 6 A. 7 8 9 10 11 12 13 14 IS 16 17 18 Q. 19 20 21 22 23 A. 99 something you have been involved with. But just tell me if you are not. Are you aware of data that shows that there are PCBs on the Mars Hill Missionary Baptist Church property? I don't know if Mars Hill ever gave permission -- I have seen maps that show distribution of, you know, five parts per million or greater. I don't know that I have ever seen one that was localized on the Mars Hill property. There is so much of the property --or at least that I thought was most of the property -- chat is under asphalt. I really don't know Che boundaries, when I look at a map, as to if this is Mars Hill property or not. Are you personally aware of any source of PCBs in that area, east of the plant and north of the south end landfill*, that could be a source of PCBs that are present there? You mean, like that has been buried REGIONAL REPORTING SERVICE, INC. 1 2 3 4 Q. 5 6 A. 7 Q. 8 9 A. IQ Q. 11 12 A. 13 14 Q. IS A. 16 17 18 19 Q. 20 A. 21 22 23 Q. it. He said that our lawyers had one 98 set up there. I said, "Enough said," and I dropped it right there. Tou haven't had one sec up there for your purposes? No, I have not. Do you know how the local air quality is in terms of meeting federal criteria? Calhoun County is in attainment. Do you have any open burning at the plant? The only open burning would be during fire training. Okay. What about flares? No. Oh, I'm sorry. Yes, we do have a flare. I thought you meant flares like you shoot up in the air. We have a flare over in our polyphenyl department. Do you know what it's burning? It's primarily minute amounts of benzene that are scrubbed out of recovered hydrogen. Okay. Again, I don't know if this is REGIONAL REPORTING SERVICE, INC. 1 2 3 Q. 4 S 6 7 8 A. 9 Q. 10 11 12 13 A. 14 Q. IS 16 17 A. 18 19 20 Q. 21 22 23 100 there or placed there or something like that? No. If a molecule of PCB was found on, let's say, the Mars Hill Missionary Baptist Church, do you have any personal knowledge of a potential source of that molecule ocher than Monsanto? No, I do not. Are you aware of any third party that took any action that may have contributed to that molecule getting to the church? I have no idea. I'm not aware of any. Any knowledge to think that anything on Che part of the church caused PCBs to become placed on the church? I have no knowledge that the church did or did not place PCBs on their property. I have no idea. You mentioned earlier in the responsibilities that you oversaw the industrial hygiene monitoring. When I asked if there was medical monitoring. REGIONAL REPORTING SERVICE, INC. HARTOLDMONO014645 1 2 3 4 A. 5 6 7 a 9 10 11 12 13 14 15 16 Q. 17 A. 18 19 20 21 22 Q. 23 101 as I recall you said physicals. What does Chat consist of? Can you be a little more precise for me? We also do -- I'm sorry. I overran your sentence there. Buddy, don't hit me. We do industrial hygiene monitoring for exposure to -- for most all of our chemicals. We do PCB monitoring with employees wearing patches, benzene, cumene, our therminols. Then we also do physicals for employees. And as part of the physicals they do blood tests as part of their physicals, a normal physical. hearing tests, blood tests. And you oversee all of that? Well, it takes place -- Medical falls within my group. That's normally handled by the safety and health technician in setting those up and coordinating them. Have you, I assume, had some of this done as well? REGIONAL REPORTING SERVICE, INC. 1 2 3 4 5 6 7 a 9 Q. 10 n A. 12 Q. 13 A. 14 15 16 17 ia 19 20 21 22 23 103 a onestion. Well, I am. Are you talking about the PCB blood testing, or are you talking about the physicals. or are you talking about the routine blood testings or the patch monitoring? I'm just confused. I'm talking about all of tis data. What do you do with it? From all of those things he just said? Uh-huh (indicating yes). Industrial hygiene monitoring is done to identify exposure problems that you may have in the plant. Case in point, if you see repeatedly that your maintenance mechanics, when they work on pumps in benzene service -- that you are seeing them being exposed to an elevated level of benzene, it's kind of an alert chat you need to do better cleanup of that equipment to reduce exposure. REGIONAL REPORTING SERVICE, INC. 1 A. 2 Q. 3 A. 4 Q. 5 6 A. 7 Q. a 9 A. 10 n 12 13 14 Q. 15 16 17 18 19 A. 20 Q. 21 22 23 I've had physicals done, yes. 102 Blood work? As part of my physical, yes. Have you had a blood analysis for PCB done? No. Has that been done for the workers there at the plant? Seme workers have had it done. I think that was made available when blood testing was being done in the community. if any employees wanted it done. I believe some did have it done. Okay. And I assume that this data isn't just collected for fun; somehow someone looks at it for signs of something deleterious, correct? NR. COX: Object to the form. I'm not sure what deleterious means. Let me make it simple. What do you do with this information that you are gathering? MR. COX: Let me -- I'm not asking REGIONAL REPORTING SERVICE, INC. 1 2 3 4 5 6 7 a 9 10 11 12 13 14 15 16 17 IB Q. 19 20 21 22 A. 23 104 the employee by the contract- physician Cor the plant. And if anything -- I mean, there have been cases where recently an individual was discussed with hearing loss, you know, and evaluating is it work related or is it not work related due to job assignments. The FCB blood work, 1 Chink, was done more for information, and it's being made available to the general populace. If you are concerned, we wanted it to be made available to you also. For informational purposes, as far as that being gathered and looked at and handled somehow, I'm not aware of that. If it is, it's not by me. Who looks at the badges, as an example? Who physically looks at them and says, "Okay, this one is showing a level we are concerned with"? There are different types of badges. There are some of them that are sent off REGIONAL REPORTING SERVICE, INC. HARTOLDMONO014646 1 2 3 4 5 6 7 8 9 10 11 12 13 14 IS 16 17 18 Q. 19 20 21 22 A. 23 Q. 10S to be analysed by GC or whatever. There ia some equipment, like noise exposure. that la done with dosimeters that shows immediate readout. There are some that are grader tubes, which show a color indicator inmediately Cor exposure areas. So different things are read by different people. But we have a monitoring plan out there that you renew each year based on what you have learned from the previous year. Like it you see chat you have gone ten years and you are not seeing any exposure problems associated with product X, then you may reduce the amount of samples that you monitor. But it is a monitor exposure type program. Do you have anything - - any mechanism in place to try to observe the long-term health status of the employees in terms of, say, cancer? Not that I'm aware of or involved with. Have you been asked to provide hazardous REGIONAL REPORTING SERVICE, INC. 1 2 3 A. 4 5 Q. 6 7 8 9 A. 10 11 12 13 14 Q. 15 16 17 18 A. 19 Q. 20 21 22 A. 23 Q. or toxic information about any 106 substances as part of the remediation? Not that I remember. I don't have a memory of doing that. Have you ever been called out to the site because something got dug up and people were curious about what it was and how it should be handled? I haven't had anybody call me about anything. They haven't really been digging. All they have been doing, as far as I know of, is encapsulating or covering. So you are not aware of them having found something as part of moving earth and having to move that or deal with something like that? No. You're not aware of anvbodv ever ha vino to go to the hospital who was out there working on the remediation? No. I know you've told me about taking some REGIONAL REPORTING SERVICE, INC. 1 2 3 4 5 6 7 8 9 A. 10 11 12 13 14 IS 16 17 Q. 19 20 21 A. 22 Q. 23 107 dirt to Emelle when you first got there. contaminated dirt that was dug up in those ditches. And then you mentioned that even to this day your contaminated facility things, like gloves and such, go to Emelle. Do you know what you are paying for that ongoing disposal to Emelle? It is weight-based. I know_ we pay three hundred dollars a month rental on the roll-off, and we have two of those roll-offs. And it depends on the weight of what you ship. If you ship a roll-off full of gravel, it is going to be a lot more than a roll-off of crushed fiber drums. And what's it characterized as when you ii.? it vary from trip to trip, or do they have a designation they put on that? I'm sorry. I didn't understand. As I understand it, Emelle has more than one type of cell that -- they don't put REGIONAL REPORTING SERVICE, INC. 108 .1 everything together. 2 A. I don't know where they send ours inside 3 of Emelle. I have two profiles of waste 4 streams, which are my roll-offs that go 5 in three to five times a year. 6 Q. And you don't know if they are treated 7 as hazardous waste or special waste 8 or -- 9 A. No, they are not hazardous. They are 10 nochazardous. 11 Q. Okay. Now, did you take anything as 12 part of the -- And again, this is maybe 13 something you didn't have any dealings 14 with. But when you were cleaning up the 15 west end landfill situation, did 16 anything go to Emelle? 17 A. They shipped some dirt to Emelle. 18 Q. Were you invoivea m cnat at an? 19 A. Within my group we manifested the 20 vehicles that left the plant carrying 21 the material. But the physical loading 22 or where it was coming from on the 23 landfill, we weren't involved in that. REGIONAL REPORTING SERVICE, INC. HARTOLDMONO014647 1 2 Q. 3 4 5 6 A. 7 A 9 10 11 12 13 14 Q. 15 16 17 18 A. 19 Q. 20 21 A. 22 23 109 That was remediation. Have you manifested anything to Emelle for the remediation process that is taking place other than at Che vest end landfill? Any dirt, anything that was dug up for some reason or another, they had a roll-off over in remediation. And they put, like, I guess, Cryvek suits. gloves, stuff -- things like that chat had the potential of some level of PCB contamination on it -- That was shipped to Emelle. But you haven't been shipping forty or fifty truckloads of dirt like you did in the '90s or even a quantity of dirt like you did off the west end landfill? No, no. What about demolition waste, a number of structures? What happened to that? The remediation group handled that totally. That was nonhazardoua demolition debris. That was shipped, I REGIONAL REPORTING SERVICE, INC. 1 2 3 4 5 6 7 6 Q. 9 10 A. 11 12 Q. 13 A. 14 Q. IS 16 17 18 A. 19 20 Q. 21 22 A. 23 Ill MB. COX: Plaintiffs' One will be -- To make it consistent with what we've been doing, just make it Jones One. (Plaintiffs' Exhibit Number One was marked for identification.) Have you ever seen Chat document before or something like it before? And your question was have X ever seen one of these? Yes. I think so. I assume that you maintain at the facility there a compilation of MSOSs on the materials that are present within the plant. Current raw materials, products, things that we use and all, yes. Would you have a PCB MSDS in that compilation, do you think? I don't know. I wouldn't think that we would. But this is two three-ring REGIONAL REPORTING SERVICE, INC. 1 2 3 4 Q. 5 6 7 8 A. 9 Q. 10 11 12 13 14 IS 16 A. 17 Q. 18 19 20 21 22 23 believe, Co a landfill outBide of 110 Atlanta. I wasn't involved in that at all. Okay. Have you been involved in establishing the level of health and Bafecy protection utilized by the contractors working on the remediation? No. Are you aware of anybody within the company being sanctioned or somehow demoted, docked, punished, chastised or other types of things because of what's happened, what's been discovered over there with the south end landfill and the property east of the plant? Not that I'm aware of. Let me show you a material safety data sheet that I'm going to ask the court reporter, please, to mark. It has been previously labeled Plaintiffs' Exhibit Two B Eleven. But we will cover that up with a new sticker that will say Plaintiffs' Exhibit One. REGIONAL REPORTING SERVICE, INC. 1 2 3 Q. 4 S 6 7 a 9 ia A. n 12 Q. 13 14 15 16 17 18 19 20 21 22 23 . U2 binders, the big four-inch binders, so I don't know. * This is dated October 1988, and I wanted to take you through a few aspects of that. On page two, at the top, under precautionary measures -- First of all. let me say this is something compiled by Monsanto, correct? I assume so. It says Monsanto at the top of it. Okay. It says there under precautionary measures, "Care should be taken to prevent entry into the environment through spills, leakage, use, vaporization, or disposal of liquid or containers. Avoid prolonged breaching of vapors or mists. Avoid contact with eyes or prolonged contact with skin." Can I'safely assume that you as the environmental engineer at the facility have no reason to question that advice? REGIONAL REPORTING SERVICE, INC. HARTOLDMONO014648 1 A. 2 Q. 3 4 S 6 A. 7 B 9 Q. 10 11 12 13 14 15 16 17 18 19 20 A. 21 22 23 Q. 113 I have no reason Co. Is chac consiscene wich your own personal understanding of what should be done with, respect to PCBs? MR. COX: Object co Che form. I don'c know chac I've ever had anybody tell me Chat I needed any o those type things that are listed there. Okay. Looking down there at the bottom of chac page, ic has a lisCing of airborne exposure limits. And it has accually ac Che boccom of chac page for Che forcy-ewo percenc chlorine. And if you'll look on Che Cop of page three, ic has Che comparable numbers or fifty-four percent chlorine. I didn't see any listing there of ni-osh exposure limics. Are you familiar with chose numbers? No, I'm not. I have heard of ni-osh. but I don't know of any specific numbers. Let me cake you to page four, please. REGIONAL REPORTING SERVICE, INC. 1 Q. 2 3 A. 4 5 6 7 8 9 Q. 10 11 A. 12 Q. 13 14 A. 15 Q. 16 17 18 19 20 21 22 23 115 Whac'B Che significance of chac Co you as an environmencal engineer? That it's listed on a report as a carcinogen. I would assume that -- I would have to assume that that is in its pure form, that PCBs are considered -or that they are listed as being a carcinogen fourth, whatever that means. You don'C know frem chac w(jaC chac means? No. And do you have any personal knowledge of the carcinogenicity of* PCBs? None whatsoever. Looking on page five, under Spill, Leak and Disposing Informacion. Conte down Chere. There is a paragraph chac says. "The spill/leak should be contained. Loss to sewer systems, navigable waterways and streams should be prevented.* Is that consistent with your understanding of what should be done REGIONAL REPORTING SERVICE, INC. 1 2 3 4 S 6 7 8 9 10 A. 11 12 Q. 13 14 15 16 17 18 19 20 21 22 A. 23 They calk about health effects 114 summary. IC says, "There are liceracure reporcs chac PCB can impair reproduction function in monkeys." Are you aware chac ic can impair reproduccive aocivicy in ocher species besides monkeys? MR. COX: Object to the form. Answer. I'm not aware of any reproductive problems associaced wich PCBs. Down at the bottom of that seccion it says that "PCBs are identified as hazardous chemicals under criteria of Che OSHA Hazard Communications Standard. PCBs have been lisced in Che International Agency for Research on Cancer Monographs, Group Two A and in Che Nacional Toxicology Program Annual Report on Carcinogens." Do you know whac chac means? 1 can read what ic says, that it'B listed. REGIONAL REPORTING SERVICE, INC. 1 2 3 4 A. 5 Q. 6 A. 7 8 9 IQ 11 12 13 14 Q. 15 16 17 18 19 A. 20 21 22 Q. 23 A. 116 with respect to PCBs? MR. COX: Objecc co Che form. You can answer. Pure PCBS, yes. I undersCand chac. What about - - What other kind of PCB -- Well, I don't understand -- If you're talking about a single molecule of PCB that is attached to a ton of dirt, does chac apply? I don' c know Chac for a face. Buc I can read in chis, chac ic is saying chac PCBs as a produce. polychlorinaced biphenyl, should be contained in terms of spills and leaks. Tell me at what level you start to get concerned as the environmental engineer at the Anniston plant. How much PCS is going to have to be attached to that dirt before you start to worry about it? I'm noc qualified for chac, Co make chac determination. experience. I have no background or How would you make that decision I would have to call somebody in St. REGIONAL REPORTING SERVICE, INC. HARTOLDMONO014649 1 2 3 Q. 4 A. 5 Q. 6 7 8 9 10 11 12 13 14 A. IS Q. 16 17 18 19 A20 Q. 21 22 23 117 Louis to cry to find out that type of information. Okay. Have you ever done that? No. The next paragraph says, "Personnel entering the spill lor leak area should be furnished with appropriate personal protective equipment and clothing as needed." Again, I cake it you haven't had any role in designing or enforcing the environmental safety and health regimen in place for the remediation workers? None whatsoever. So you wouldn't have any reason to agree or disagree with any statements in here about what appropriate personal protective equipment would be? No, I don't. It says, "Personnel trained in the emergency procedures and protected against the attendant hazards should shut off sources of PCBs, clean up REGIONAL REPORTING SERVICE, INC. 1 2 3 A. 4 5 6 Q. 7 a A. 9 10 Q. li 12 13 14 IS 16 17 Q, 18 19 20 21 22 A. 23 Q. 119 set as a goal in the 1980s to achieve a PCB free status, did it not? Well, I believe that was a corporate goal. I don't know if it was a plant goal or not. And in fact, that plant was PCB free when you got there? That's correct. There was no PCB equipment. ,, Let me show you what has been previously labeled Plaintiffs' Exhibit Two C Seven, but which I will ask the court reporter to relabel as Jones Two. (Plaintiffs' Exhibit Number Two was marked for identification.) Mr. Jones, I have handed you a two-page document labeled Jones Two. Now, this has Mr. Cheever's name at the top. He was your predecessor. correct? Correct. And the subject on this document is REGIONAL REPORTING SERVICE, INC. 1 2 3 4 S 6 A. 7 Q. 8 9 10 11 12 13 14 IS 16 17 18 A. 19 20 21 22 Q. 23 spills, control and repair leaks. 119 I take it as far as Che cleanup that is taking place out there today. you are not one of these personnel who is so trained? No, I'm not. All right. Lastly, down there under Environmental Information, it's kind of like what was said at the beginning. "Care should be taken to prevent entry of PCBs into the environment through Bpills, leakage, use, vaporization or disposal of liquids or solids. PCBs can accumulate in the environment." Is any of that inconsistent with your understanding as the environmental engineer at the plant? I have no problem with it. It was written by people within the company that obviously know more than I do about it. Now, you all have -- This may have been before your time. But that plant had REGIONAL REPORTING SERVICE, INC. 1 2 3 A. 4 Q. 5 6 7 8 9 10 11 A. 12 q. 13 14 15 16 17 Q. 18 19 20 21 22 23 12 0 listed as PCB, dash, Free Status, correct? * Yes. Okay. And it appears to me, when 1 read this document, that there was a corporate-wide decision that they would spend the money and devote the resources necessary to try to eliminate PCBs from the facilities that Monsanto operated. Correct? That's correct. Let fcar'd will be labeled Jones Three. (Plaintiffs' Exhibit Number Three was marked for identification.) Now, my copy has some photographs - - Xeroxes of photographs. They really didn't come through very well, and it really didn't look good when I tried to copy them for you. But this is a memorandum on AD EM letterhead dated October 25, 1993. And REGIONAL REPORTING SERVICE, INC. ' HARTOLDMONO014650 1 2 3 4 S 6 7 8 9 10 11 12 13 14 15 16 A. 17 18 19 20 21 22 23 Q. 121 it appears to be from a Jerry Cheatwood with the site Assessment Unit, Special Projects, in re the west end landfill. If you will read down there, it appears to be the west end landfill in Anniston, formerly used by Monsanto Chemical Company. In the second paragraph it states that Robert T. Jones represented Monsanto on that particular trip. Do you have any independent recollection of meeting Mr. Cheatwood, along with Mike Godfrey of Alabama Power Company, in October of 1993, to look at the west end landfill? I vaguely remember the visit, not really any of the particulars of it other than the site assessment unit wanted to come out and look at it. Mr. Godfrey called me because this property was Alabama Power's at the time. And I went out and met them out there at the landfill. Would this have been early in the REGIONAL REPORTING SERVICE, INC. 1 A. 2 3 4 Q. 5 6 7 8 A. 9 10 11 12 13 14 15 16 17 18 19 20 Q. 21 22 23 123 I was kept informed of activities, but zrtually I vac not involved in the planning. What about some of the early sampling that took place? Did you direct that? Did you oversee it? Did you review the data? I may have been involved in setting up some of the early sampling j.n conjunction with remediation. I know that I saw the data as it was being developed. I don't particularly remember an episode where I saw the data, but I know I had been seeing the data. The remediation was starting to take over everything and handling all of chat. So I more or less went back to my job, which is the environmental operations of the plant. As I understand your earlier testimony -- and please correct me if I'm wrong -at some point ADEM said, "Why don't we look at your storm water discharge in REGIONAL REPORTING SERVICE, INC. 1 2 3 4 A. 5 6 7 a Q. 9 10 11 A. 12 13 14 IS 16 17 18 19 20 21 22 Q. 23 122 process of things coming to light about PCBb having been uncovered at the landfill there? I believe Che first call on notification or request for information by Alabama Power was March or April of '93, sometime in the spring. And what role, if any, did you have from that point in dealing with that whole eituation? The negotiations were ongoing from the spring until, I believe -- The transfer of property, 1 think, took place in December of '93. And once the property was transferred -- Well, I believe prior to the property being transferred. But sometime around the property transferring, somebody from within the remediation group had come on board to start developing an assessment plan or a sice investigation plan of some Bort. So is it fair for me to characterize your involvement as not much? REGIONAL REPORTING SERVICE, INC. 1 2 3 4 5 6 7 8 Q. 9 10 11 A. 12 13 14 15 16 17 16 19 20 21 22 23 124 the south end landfill for PCB also?" Is Ullatl. iu wilatc of led to finding stuff over at that site? MR. COX: What site, the south -- MR. CUNNINGHAM: The south landfill. In Louisville it is the south end, so I stick that end on it. But the south landfill. It was during my discussion with Phil Davis of ADEM that the subject was discussed that since we were going to look at the west end landfill discharge -- this is after we had acquired the property and could legally start sampling off of it for PCBs -- let's go ahead and look at the south landfill also, because, you know, there was the potential -- I had heard there were PCBs buried there, but I didn't know where. And the property transfer of the west end landfill took place in around i960. REGIONAL REPORTING SERVICE, INC. HARTOLDMONO014651 1 2 3 4 S Q. 6 7 6 9 10 11 A. 12 13 14 IS 16 17 ia 19 Q. 20 A. 21 22 23 125 and PCBs were manufactured until the early '70s. So I said in Che discussion, "Why don't we look there also?" That's what I'm trying to find out, if this was ADEM saying, "We ought to do this," or Robert Jones saying, "Hey, why don't we do this while we are at it." if you remember. Who initiaced this concept? I wrote a memo to record that stated that ADEM initiated it, mainly because I was afraid I was going to get my butt in a sling. But in actuality, I suggested it to Phil Davis, that while we are looking at the west end landfill let's go ahead and look at the south landfill also. You say you -Never expecting to find anything in the south landfill. And when we did, I Rind of thought, "Oh, no, I have done messed up." REGIONAL REPORTING SERVICE, INC. 1 2 3 4 S 6 A. 7 8 9 10 11 12 13 14 Q. IS 16 17 18 19 20 21 22 A. 23 127 coming off of the west landfill, it occurred to you, based on your training and experience, that perhaps there ought to at least be some testing of the south landfill as well? It was a landfill area that potentially had PCBs landfilled in it. I simply suggested that since we were going to look at one landfill for PQ3s in addition to all the other parameters we were going to look at, shouldn't we go ahead and look at the south landfill also. Got you. Hell, let me take you to page two of this Jones Three. It says there. quote, 'There were some areas on the hillside where the clay cover had subsided. In one of these areas a tar-like substance was visible." Do you recall seeing a tar-like substance in that subsided area? There was a black tar. I'm not sure what he meant by a subsided area. But REGIONAL REPORTING SERVICE, INC. 1 Q. 2 3 4 5 6 7 A. 8 9 10 11 12 13 14 15 16 17 18 19 20 21 Q. 22 23 126 And it's a good thing we have that memo. Is that what you meant, people would be mad, conceivably, that you had said. "Let's go ahead and do some testing," and you would have spent money for no good reason? I don't really think they would be mad. I just think that -- I mean, we would have eventually gotten to the south landfill anyway. When you start going off on the west landfill and sampling, eventually you would get to a point where you would have to come back up to the outfall from the south landfill. So you know, 1 think I just sped the process up. You know, would I have gotten fired over it? No, I don't think I would have gotten fired over it. I might have been chastised, "Why didn't yoi.1 ?1 V *- <- * i.TT'T -- V T* Okay. So the bottom line is once you were given some information that led you Co understand that there might be PCBs REGIONAL REPORTING SERVICE, INC. . 128 1 there was some black tar laying on the 2 ground. * 3 Q. Do you know what steel bottoms from PCB 4 production look like? 5 A. I do now. 6 Q. Did you at the time? 7 A. No. 8 Q. Were there still people at the plant in 9 1993 who had been involved in PCB 10 production twenty-some-odd years before? 11 A. Yes. 12 Q. Do you have any idea how long that black 13 * tar-like substance was visible to the 14 naked eye? 15 A. Well, as I understand it - - When you say 16 visible, you had to be standing right up 17 over it to see it. It wasn't visible 18 from afar. 19 As I understand it, talking with 20 Alabama Power, that area had been 21 covered with kudzu for years. And it 22 was only within the -- I believe in '92 23 they started a kudzu eradication program REGIONAL REPORTING SERVICE, INC. HARTOLDMON0014652 1 2 3 4 5 6 7 8 Q. r 10 A. ii Q. 12 13 14 A. 15 16 17 18 Q. 19 20 21 22 23 A. 129 ac all of their facilities. So they had been Bpraying that landfill and hilled off the kudzu that was a cower over the top of that landfill. I might add, just as a side note. I didn't even know -that was old Monsanto property until March or April of '93. Right. When you got there in '90, that rac Alabama rower property? Yea. Okay. Did you do a walk-through of what property Monsanto did own when you came on board? Not really. We owned almost five hundred acres up the side of the mountain. I didn't walk all over the mount ainside. I walked about halfway up that mountain one time. You are a smart man not to do that. But I assume you certainly walked the plant? Yes. REGIONAL REPORTING SERVICE, INC. 1 A. 2 3 4 5 6 7 8 9 10 11 12 Q. 13 14 IS 16 17 18 19 20 21 22 A. 23 131 If it requires me to. I mean, if they are going to tell me that they are going to do an engineering project where they are going to combine two vents into one discharge point, there is not really a need for me to go look at that. MR. CUNNINGHAM: Okay. Let's mark this next one Jones Four. (Plaintiffs' Exhibit Number Four was marked for identification.) And this is a document on Monsanto letterhead under the date of January 31, 1994, addressed to Sue R. Robertson, Chief of the Land Division at ADEM. It would appear to be authored by one Robert T. Jones, Environmental Supervisor. Oo you have any independent recollection* of preparing this letter and Bending it to Ms. Robertson? I don't know if I authored this or not. It soundB like my writing, but I don't REGIONAL REPORTING SERVICE, INC. 1 Q. 2 3 4 5 A. 6 Q. 7 a 9 A. IQ 11 12 13 Q. 14 15 16 17 A. 18 Q. 19 20 21 22 23 130 And you told me within three months of being there you were up on the landfill and saw that dirt that got manifested out? Yes. And that took you at least as far as you had any reason to chink that Monsanto was doing anything; am I right? X LuuUghu I Imu iwwweu di. all of our property, you know, j didn't go up to the top of the mountain. But that was all undeveloped and unused. Let me put it this way: If anyone told you about something that was going on or had been going on, you went out and looked at it? In the plant, yeah. Because if you were going to be an environmental engineer and signing off on documents and you are in charge of that kind of compliance, one thing you do is go take a look with your own eyes. right? REGIONAL REPORTING SERVICE, INC. 1 2 3 4 5 6 7 8 9 10 11 12 13 Q. 14 15 16 17 18 19 20 A. 21 Q. 22 23 132 know. There were a lot of things that went out since I was the ADEM contact. There were a lot of things that went out under my signature for the remediation group in their infancy. That has changed since they have started working more with the agency, and now correspondence goes back and forth between them. But in the very beginning, a lot of it went out under my name. I don't remember if I wrote this or if I just signed it. All right. It says here in that first paragraph that the property in question had been traded to APCO in exchange for land required for the construction of our first waste water treatment facility. I assume you got that information frcm someone else? Yes. I mean, you weren't around in the early '60b, needless to say, when that swap was made? REGIONAL REPORTING SERVICE, INC. ' HARTOLDMON0014653 1 A. 2 3 4 5 6 7 a 9 Q. 10 n 12 13 14 15 16 17 18 19 A. 20 21 22 23 133 I found out Che information about that landfill from Jerry Brown, after Alabama Power contacted the plant, and it just so happened a call went to him. I was not at the plant that day. The next day he and I went over *to the west end landfill, and at that time he cold me the history of the swap and everything. The last paragraph of that letter states, 'Monsanto prides itself on the past corrective actions and investigations that it has performed in cooperation with ADEM and looks forward co addressing this old solid waste management unit in Che same manner." What past corrective actions and investigations are you making reference to chere? We have done a lot of ground water investigations, bedrock investigations. The biggest -- Well, I guess all of it has been associated with ground water that I have been involved in. REGIONAL REPORTING SERVICE, INC. 1 2 3 4 5 6 7 A. e 9 Q. 10 11 12 13 14 15 16 17 18 19 20 21 A. 22 23 13 5 on Monsanto letterhead, dated July 11, 1994, addressed to Phillip Davis, Industrial Branch, Water Division at ADEM, and authored by you. Do you have any independent recollection of whether or not you authored this? I believe I did. It sounds like my writing. Okay. Now, let me cake you through a couple of aspects of this. In the middle of that first paragraph it talks about removing some small trees and undergrowth and some old equipment, plus capping and reseeding of the area. Do you know -- First off, the trees. We have talked earlier about at least as to the RCRA closed cells you deliberately kept trees from growing there. Do you recall where these trees were located? They were located between a roadway and Che RCRA cells, kind of an undeveloped area. REGIONAL REPORTING SERVICE, INC. 1 Q. 2 3 4 5 6 A. 7 8 9 10 11 12 Q. 13 A. 14 15 16 Q. 17 18 19 20 21 22 23 Q. Okay. 134 Now, you call this the old solid waste management unit. Now, when I see that, I think of that as a RCRA terra of art. You know, they talk in RCRA about solid waste management units, correct? Well, actually they may, but my - - when I talk of SWMUa, I chink of solid waste management units that are pre RCRA. If it is a RCRA facility, I call it a RCRA landfill or a RCRA whatever. But if it is pre RCRA, I call it a SWMU. And this clearly was pre RCRA? Yes. MR. CUNNINGHAM: Off the record. (A break was taken.) {By Mr. Cunningham) Let me hand you a document that will be labeled Jones Exhibit Five and ask you to cake a look at that for a moment. (Plaintiffs' Exhibit Number Five was marked for identification.) It is a letter that would appear to be REGIONAL REPORTING SERVICE, INC. ) 1 Q. 2 3 4 A. 5 6 7 a 9 10 11 Q. 12 13 A. 14 Q. 15 A. 16 17 Q. 18 A. 19 Q. 20 21 A. 22 23 136 Okay. And what about the old equipment? Do you recall what that was -and where it was located? It was - - We found it. The theory was that it had been an old lay-down area of equipment that they would lay down for potential future use. It was found up in the trees when we were trying to locate why we were seeing PCBe come off in the first storm water sampling. So when you say it was located, it wasn't buried? No. It was laying on top of the ground. You had not seen it before yourself? No. It waB in a very dense, heavy underbrush. Not just trees, but brush -- Yes, very overgrown. When you say equipment, can you be a little more specific for me, piping? As best I can remember, there were two or three pieces of piping. I don't reiwnh^ 1 V*. REGIONAL REPORTING SERVICE, INC. HARTOLDMONO014654 1 2 3 4 Q. 5 A. 6 7 Q. 8 9 10 A. 11 12 Q. 13 14 IS 16 A. 17 18 19 20 21 22 Q. 23 137 piping. But it was at lease ten. feet long. I remember a valve, a large valve was there. Okay. I think that'a the only equipment that I could identify it by sight. Okay. Do you remember what happened to the equipment when you removed it, where it went to? It was placed in a roll-off and profiled into Emelle for landfilling. Was that based on an analysis that you knew there was something hazardous about it? Or you say profiled. I'm just curious what -We sampled the dirt right around the mouth of the -- One of the pipes was laying at a slight incline, and we sampled the dirt using this immunoassay test, and it showed positive for PC8 concentration or material. Do you remember what it cost you to send that stuff to Emelle? REGIONAL REPORTING SERVICE, INC. 1 2 3 4 Q. 5 A. 6 7 8 9 Q. 10 11 12 13 14 A. 15 Q. 16 17 18 19 A. 20 21 22 23 13 9 reseeded it so it wouldn't wash, because we stripped everything except regular size trees from that area. So you didn't haul any dirt to Emelle? No, not that I remember. Now, there may have been some particles adhering to the equipment. There was not a concerted scraping cype effort. That's what I wanted to know. And it says, "In conjunction with this effort, we will be sanqpling storm water discharge of the landfill at its outfall," con&ct? Yes. Can I presume from this, then, as of July of '94, you still didn't have any data regarding the content of the storm water discharge for PCBs? No. It was the first round of storm water sampling that caused us to go up and try to locate what would be causing us to see - - I chink it was six parts per billion PCBs in the storm water. It REGIONAL REPORTING SERVICE, INC. 1 A. 2 Q. 3 4 A. 5 6 7 8 9 Q. 10 11 12 13 14 15 A. 16 17 18 19 20 21 22 23 I have no idea. 138 Would there be a record of that somewhere? There is a record of the manifest. I don't know if there is a record of -- The manifest itself does not reflect the cost. I don't know if accounting still has a copy of that invoice or not. Okay. You said capping and reseeding of the area. What do you recall constituted the capping and reseeding of that area? I assume we are talking about this same area where thia equipment was pulled. We had to take out all of the underbrush and the small trees that could be taken out. We didn't want to be disturbing stumps or anything, so that could be cut off at essentially ground level. And since we stripped all of that out, we came in and put clay -- I don't know if we put topsoil or just clay there. He put that down and then REGIONAL REPORTING SERVICE, INC. 1 2 3 4 Q. 5 6 7 8 9 10 11 A. 12 13 14 Q. 15 16 17 A. 18 19 20 21 22 23 14 Q was during thia investigation that this equipment was located back up in this heavily forested area. This letter wouldn't give anyone cause reading ic that you had found some PCBs in that storm water discharge or around the equipment, would it? I'm talking about just the letter itself. It doesn't suggest that to me anyway. MR. COX: Object to the form. We had already notified ADEM of the initial finding and that we were investigating tne initial tinaing. * Fair enough, then. Okay. Did you do that in writing. or might that have been over the phone? I'm not sure. I know the results of that initial sampling would be in one generation of the storm water permit application. I don't know if a separate notification letter was submitted on that or not or if it was just a call that we have located this. But it REGIONAL REPORTING SERVICE, INC. HARTOLDMON0014655 141 should be on the storm water permit or the application for the storm water permit. Q. Okay. Then the next paragraph says, "Additionally, we are developing a proposed investigation of the tributaries of Snow Creek." Here you involved in developing that investigation? A. No. This is right about the time our remediation group was coming in. Q. Garrity and Miller. I guess Garrity and Miller were already there working on the west end landfill? A. They may have already started doing sampling on the west end. This was all happening at about the same time, so I'm not real sure which came first. Q. Okay. I hand you next what has been previously marked as Plaintiffs' Seven A One and which will be Jones Exhibit Six for the purposes of our discussion. (Plaintiffs' Exhibit Number REGIONAL REPORTING SERVICE, INC. 143 assuming that they get what you say you are sending? A. That's correct. Q. In this particular instance, in July of 1994, for PCB contaminated soil debris and equipment, the cost was going to be two hundred seventy-five dollars a ton, correct? A. Tes. Q. Now, is that for -- In essence, it wouldn't matter what level of contamination of PCB, what concentration of PCB. It could be as high as they would take it for two seventy-five a ton? A. Yeah. It was for landfill, into a controlled landfill. Q. And do you know how that compares with the price today, in 1998, to ship a ton of PCB contaminated equipment to Emelle? A. I have no idea. Q. Do you know what you are paying to send your roll-offs up there? You said REGIONAL REPORTING SERVICE, INC. 1 2 3 4 5 6 7 8 9 10 11 A. 12 Q. 13 14 15 A. 16 Q. 17 18 19 20 A. 21 Q. 22 23 Six was marked for 142 identification.) I ask you to take a look at that document, please, which appears to be a confirmation letter from Chemical Waste Management, Inc., under the date of July 6, 1994, to you. Okay. And do you recall receiving something like this frcm CMW -- CWM? I'm sorry. Yes. And chat in fact is the operator of the Emelle landfill we have been making reference to, correct? That'a correct. It says in there, "The attached profile for the waste materials was prepared by CWM based upon information provided by you," correct? Yes. In other words, you could call them and say, "Here is what I'm getting ready to send," and they would send you a quote. REGIONAL REPORTING SERVICE, INC. 144 1 you've got two that you send up there 2 today. 3 A. The invoices that come in are approved 4 by remediation. All we handle is Che 5 actual manifesting and shipping. 6 Q. Okay, in addition to paying them, I see 7 you have to pay about, it looks like. a fifty-one dollars a ton in taxes? 9 MR. COX: He is asking you a 10 question. 11 A. Yes. 12 Q. Under additional fees -- 13 A. You have Co pay those fees for any waste 14 you send to Emelle. 15 Q. They even have a few others chat might 16 or might not apply in particular 17 situations. Like if there is leaking, a 18 load is two hundred dollars a load if it 19 leaks. I see that above the taxes. 20 A. Yeah. This is pretty standard for a ' 21 chem waste confirmation letter. 22 Q. On the second page there is a hundred 23 and fifty dollars per profile waste REGIONAL REPORTING SERVICE, INC. * HARTOLDMONO014656 1 2 3 A. 4 Q. S 6 7 8 9 10 A. 11 12 13 14 IS Q. 16 17 18 19 21 A. 22 23 Q. 145 approval fee and Chen transportation coses, so much a crip Cor Che roll-offa. Yea. Would you typically have cheir equipment that you would use aa opposed to retaining a contractor, or do you take their truck and haul it in their truck and just dump it when it gets there? MR. COX: Object to the orm. They send a driver down with a rig to pick up the box. You lease or rent the box, unless it*8 a one-time type thing. where they come down with the box and you fill it and they leave with the box. But if you were going to remediate a church sice and dig up several trailer loads' worth of dirt, you would lease their equipment, and their truck would come pick it up after you filled it? ,-iR. COX: Object to the form. Yes. It would depend on quantities of materials. Let me give you a comparison. When you REGIONAL REPORTING SERVICE, INC. 1 2 Q. 3 4 5 6 7 Q. a 9 10 11 12 13 14 IS 16 17 18 19 20 21 22 23 147 that at all. Thank you. Let me hand you a document that we will label Jones Number Seven. (Plaintiffs' Exhibit Number Seven was marked for identification.) This would appear to be a memo from John Poole, of AOEM, to BJH, dated March 7, 1995. It says, "Recently, PCBs at three hundred ppb were found in drainage ditch at a point where the ditch leaves Monsanto's property to enter a small residential area, seven occupied houses and one church, several dilapidated and unoccupied houses. PCBs at slightly less Chan one thousand ppb were found in the ditch after it reenters the Monsanto property." It goes on to talk about some testing planned for Chat area. * It aaya, "Contact at the Monsanto plane, Roberf T. Jones." Again chat: would be you, I assume. That is your phone number there? REGIONAL REPORTING SERVICE, INC. 1 2 3 4 5 6 7 8 A. 9 10 Q. 11 A. 12 13 Q. 14 15 16 17 18 19 20 21 22 23 A. shipped che -- I chink you said -- 146 forcy-five or fifty cruckloads of dire. shortly after you arrived, to Emelle that had been stockpiled up on the landfill but taken out of the ditches. did that go out on CWM trucks or roll-offs, or do you recall? They were -- If they were not CWM trucks, they were contracted to CWM. Okay. But it was their trucks. I mean, they sent in the vehicles. Now, let me try to get you to conqpare for me the -- You said you understood, and 1 think I have seen documents chat suggest the same thing, that the demolition waste that has been generated in this remediation project has been going somewhere over near Atlanta. Cost-wise, can you give ua, in terms of a ballpark, a ratio of how much that cost? I have no idea. X wasn't involved in REGIONAL REPORTING SERVICE, INC. 1 A. 2 Q. 3 4 5 A. 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 148 That's correct. Do you recall those numbers,' or is chat Monsanto data, if you are familiar with those numbers? I don't recall chose specific numbers. I would assume they were from the ditch sampling, but I don't know that for a fact. MR. COX: I'm not going to testify, but I will interject that they are off by order of magnitude. They are calking about the numbers we reported to AD EM in March of '95, and it was sediments in the pH, and it was three hundred parts per million and a thousand parts per million. MR. CUNNINGHAM: I was going to say that is -- MR. COX: That'B a typo on ADEM'a part. MR. CUNNINGHAM: It's either a REGIONAL REPORTING SERVICE, INC. HARTOLDMON0014657 1 2 3 4 5 7 B 9 Q. 10 11 12 13 14 15 16 17 18 19 20 21 A. 22 23 149 fairly large number for water or a modest number for dirt. It should be pares per million. MR. COX: I don't mean Co testify. MR. CUNNINGHAM: No. I'm trying to get clarification, and that provides it. Now, it says, "Seven occupied houses and one church.' Now, I'm assuming -- you correct me if I'm wrong. And you may not know. Is that not talking about the Mars Hill Missionary Baptist Church and the houses in the vicinity of that church? The reason I suggest thac is it talks about it leaving Monsanto property and coming back on Monsanto property. And the Bethel Church, I don't think it ever comes back onto Monsanto property. By the number of occupied houses and the fact chat it talks about coming back onto Monsanto property, I would think it REGIONAL REPORTING SERVICE, INC. 1 2 3 4 5 6 7 O. 8 9 10 11 12 13 14 15 16 17 IB A. 19 20 21 22 23 151 handling the work. But since I had the contacts at ADEM in terms of who I worked with, I usually made the contacts until our remediation folks got to know Che people at ADEM and knew who to talk to about different issues. When ir. says that "Talk with residents have begun, likely to have media coverage, " have you talked - - I know we have covered whether or not you talked to anybody at the church. Did you talk to other residents in this time frame, '94, '95, '96, that you can recall? MR. COX: Tou are asking him personally? MR. CUNNINGHAM: Right, him personally. The only time chat I would have possibly spoken to any of the residents - - I don't remember calking to any of them when I was at either one of the -- when they were rolling out the relocation or the property purchase program. But I REGIONAL REPORTING SERVICE, INC. 1 2 Q. 3 4 5 6 7 8 9 10 11 12 13 A. 14 15 16 17 IB 19 Q. 20 21 22 A. 23 was inferring Mars Hill Church. 150 Okay. And at least at thiB time it'b got you down as the contact person for dealing with the situation. Do you recall getting contacted? Assume for the sake of discussion -- I'm assuming that BJH is Brian Hughes with the health department. Thac may be wrong. But do you recall talking with anyone from the Alabama Department of Public Health about this situation? I have been in conversations with the Department of Public Health. I don't know in specifics to this. But yes, I have had discussions or have been in discussions when Brian Hughes was present. Okay. So at least to some extent you were the contact person as this area or this was being investigated? I was the person chat was acting as the liaison to ADEM. I wasn't physically REGIONAL REPORTING SERVICE, INC. 1 2 3 4 5 6 7 8 9 10 Q. 11 12 A. 13 Q. 14 IS 16 17 18 Q. 19 20 21 22 23 152 was over at the Prudential trailer where it was set up to handle all that. And a couple of times there were residents that came in as part of their, you know, talking to the relocation or the Prudential folks and all, where I may have spoken rc tk-... rr -h~y ...r.y asked me a question, but that was the extent of it. Tou never went over with the intention of talking with folks? No, no. Okay. Let me hand you what we'll be marking as Jones Number Eight. (Plaintiffs' Exhibit Number Eight was marked for identification.) This is a memorandum dated September 25, 1995, from a Neil Daniell, to the epidemiological file, through Brian Hughes. And specifically looking at the last paragraph, this involved a REGIONAL REPORTING SERVICE, INC. HARTOLDMON0014658 1 2 3 4 s 6 1 8 9 10 11 12 13 14 IS 16 17 18 A. 19 20 Q. 21 A. 22 23 153 Ms. Barbara Blasco, who had called ADEM concerned about her drinking water having an odd taste and the air smelling bad. In the last paragraph, "Upon contacting ADEM's air division, it was learned that they had contacted Mb. Blasco," B-l-a-s-c-o, "and informed her that the foul odor she smelled was p-nitrophenol. Very small quantities of the p-nitrophenol were being released while being transferred from railroad tankers. However, the amounts were not high enough to cause adverse health effects.* Do you recall any unusual release of p-nitrophenol in September of ' 95? No. And I believe that is probably a typographical error. What being incorrect? Para-nitrophenol. I think that was probably -- If there was a call about odors in the plant, if anything, it REGIONAL REPORTING SERVICE, INC. 1 2 3 4 5 6 Q. 7 A. 8 9 10 11 12 13 14 15 16 17 Q. 18 19 20 21 22 Q. 155 it's running the way you, as the environmental engineer, have it set up to run? MR. COX: Object to the form, the characterization. Noticeable odors. It is in fact a project that we are working on in the plant right now, to further tighten up that process. But this is well orders of magnitude less than what is covered within our air permit. One part per million you could smell in the air. I mean, that is next to nothing coming off, just the unloading, loading operation. Let me show you a document that will be labeled Jones Number Nine. (Plaintiffs' Exhibit Number Nine was marked for identification.) This is a document that's dated August 2, x9*u, regarding a benzene release. REGIONAL REPORTING SERVICE, INC. 1 2 3 4 5 6 7 8 9 10 11 Q. 12 13 14 A. 15 Q. 16 A. 17 Q. 18 19 20 A. 21 22 Q. 23 would have been para-nitrochloralbenzene, because 154 para-nitrophenol --It says here that "Very small quantities of para-nitrophenol were being released while being transferred from railroad tankers." The only thing that comes in in railroad tankers in that area that has any odor associated with it was para-nitrochloralbenzene. Do you recall any unusual odor problems. releases, spills in September of '95 of that compound? Nothing comes to mind. Does it have a very low odor threshold? Very, very low. So you could have a level that is not considered dangerous but would be noticeable? Oh, yes. It's noticeable, I believe, at around one part per million. So it's just a fact of life that there can be nuisance odors at this plant when REGIONAL REPORTING SERVICE, INC. 1 1 2 3 4 S A. 6 Q. 7 8 9 10 A. 11 Q. 12 13 14 15 A. 16 Q. 17 16 A. 19 20 21 22 23 Q. 156 and it would seem to reflect a telephone call you placed to ADEM advising of a benzene release. Am I reading that correctly? That's correct. And that the day before or the night before perhaps as much as a hundred and twenty-five pounds of benzene bad been released? That'B correct. And it goes on here to explain why that came about. And benzene is a feed* stock y' all use for making your polyphenyl, correct? That's correct. What's the reportable quantity on benzene? I'm not sure at this time. Benzene used to have a reportable quantity of a hundred pounds. I'm not sure if at this time it had been changed to ten pounds or not. It has gone down to ten? REGIONAL REPORTING SERVICE, INC. HARTOLDMONO014659 1 A. 2 Q. 3 4 5 6 7 Q. e 9 10 n 12 13 14 15 16 17 18 19 20 21 22 A. 23 Q. 157 Yea. Okay. Mow, let me show you a document that will be labeled Jones Ten. (Plaintiffs' Exhibit Number Ten was marked for identification.) I think this discusses something you told us about before lunch, about Che testing of workers Cor PCBs. It would appear to be under the date oC August 2nd, 1996, on Alabama Department of Public Health letterhead, from Neil Darnell, Geologist, and goes on to talk about Monsanto having tested nineteen workers at the Anniston facility. Did I understand you correctly earlier today that these workers were volunteers in the sense chat Monsanto didn't go out and select them; it was something that was offered, and these are the folks that took them up on it? That'8 correct. Are you aware of any other more REGIONAL REPORTING SERVICE, INC. 1 2 3 4 A. 5 Q. 6 7 8 9 10 11 12 13 14 15 16 A. 17 18 Q. 19 20 21 A. 22 23 Q. 158 systematic testing that has taken place within Monsanto to analyze workers for PCB exposure or health effects? No, I do not. Is it possible that despite Che fact that you are the health and safety person at the plant, where they made this stuff for many years, tbac Monsanto could in fact have such data but just not have shared it with you? MR. COX: I object to che form. You are asking him to 2peculr.c= s lot. THE WITNESS: I was waiting for you to say that.. I know of no studies or anything like that. It says that a hundred and five parts per billion was the highest level detected; is that correct? This is the first time I have seen this document. I will assume chat's correct. Have you ever seen the data to have any REGIONAL REPORTING SERVICE, INC. 1 2 3 A. 4 Q. 5 6 7 8 9 10 11 12 13 A. 14 Q. 15 16 17 18 19 20 21 22 23 159 appreciation or recollection of it at all? I have never seen this data. It talks about -- Let me take you down to the next Co Che laBt paragraph. The last sentence says, "Mr. Kaley suggested they were pursuing the possibility for follow-up examinations." Are you, again as the industrial hygiene person there at the plant during this time frame, aware of any follow-up work that was done? No, I'm not. Let me see. In the -- There is a middle paragraph there that talks about -- They aBked the workers whether they had eaten fish from Choccolocco Creek or Lake Logan Martin. 'Several workers reported they had eaten fish, but their PCB blood levels showed there were no current exposures." Do you know what it was about the data that enabled one to reach that ' * 1 2 3 4 A. 5 6 Q. 7 8 9 10 11 A. 12 Q. 13 14 15 16 17 18 19 20 21 A. 22 Q. 23 A. 160 conclusion, that there were no current exposures? * MR. COX: Object to the form. No. Like I said, this is the first time I have ever seen this document. As we sit here today, did you have that in your knowledge or understanding as to what a PCB blood level of a hundred and five parts per billion or four parts per billion means? NO. Down at the very last sentence it says, "Mr. Kaley stated none of the workers lived nearby, and only one worker was an African American.* Do you know if there was anyone at the facility today who worked at the facility back when that production process was on line and who also lives in the vicinity? No. There might be; you just don't know it? I just don't know. REGIONAL REPORTING SERVICE, INC. REGIONAL REPORTING SERVICE, INC. ' HARTOLDMONO014660 I Q. ? 3 4 5 6 Q. 7 8 9 10 11 12 13 14 IS 16 17 la 19 20 Q. 21 22 23 All right. 161 Let me hand you a little map thr.r " arc going to call Jones Eleven. (Plaintiffs' Exhibit Number Eleven was marked for identification.) And I'm not quite sure which of the many documents we have pulled thiB one from, but -MR. COX: I don't think this is from a Monsanto document. This may be part of the health department or an ADEN document. MR. CUNNINGHAM: I`m guessing from it being page thirty-six it might have been out of one of the health studies. That is about where it might have shown up. But can you and I agree that it's a fair representation of the relative position of the plant. Highway 202, and the landfill cells south of 202? REGIONAL REPORTING SERVICE, INC. 1 2 3 4 5 A. 6 7 8 Q. 9 10 A. 11 Q. 12 13 A. 14 15 16 17 ia Q. 19 20 21 22 23 163 You are telling me that that cell up there ceased being used for nonhazardous waste disposal certainly by 1989? Hell, except for that demolition debris I told you about, and it was located at the upper end of that. Let me get you to put an X where you were just pointing. (Executed by the witness.) And that is where you found the equipment that we talked about in -No. That's where the demolition debris thac I told you that -- where we took down the two buildings on the plant site not long after I got there. That is where they were buried. Let me get you to take the blue pen again -MR. COX: Just so it's clear, why don't you write building debris over the X. (Executed by the witness.) REGIONAL REPORTING SERVICE, INC. 1 A. 2 3 4 5 6 7 8 9 10 11 12 13 14 Q. 15 16 17 A. 18 19 20 21 22 Q. 23 It appears to be. 162 MR. COX. I jdeC an objection, just a notation. It looks like in the middle of Highway 202 is the approximate location of the south landfill. That doesn't make any sense to me. MR. CUNNINGHAM: Let's disregard -- I think we can all agree that there's nothing in that direction that constitutes a cell. These things that are marked cells are what -- and correct me if I'm wrong -- what you know to be tbe south landfill? Yes. Now, except I don't know what is meant by saying an active nonhazardous waste landfill cell, unless this is a pre 1989 or so map. I don't know where it's from. I don't )mov that either, to be candid with you. REGIONAL REPORTING SERVICE, INC. 164 I 1 2 3 4 5 Q. 6 7 8 9 10 11 A. 12 13 14 IS 16 17 Q. 18 19 20 A. 21 Q. 22 23 Q. MR. COX: I just want the record as clear as it can be. MR. CUNNINGHAM: Nothing wrong with that. Taking you momentarily back to Jones Five, which referenced some old equipment which was removed and then some capping and reseeding, can you put a triangle for me, please, at the approximate location of that activity? (Executed by the witness.) THE WITNESS: Do you want me to label that as "old equipment" there? MR. COX: Yeah. Just do that. (Executed by the witness.) And can you show me -- Let' s do a circle, with the blue pen, where you sampled the storm water runoff. There was more than one ' location. Okay. I will take multiple circles. MR. COX: At what point in time? The very earliest stuff that kind of got REGIONAL REPORTING SERVICE, INC. HARTOLDMONO014661 1 2 3 4 5 6 7 0 9 10 11 12 13 14 15 16 17 Q. IB 19 20 21 Q. 22 23 165 the ball rolling there. There is DSX seven, eight, nice, ten -Beven, eight, nine, ten, and eleven. X believe those are the cumbers for it. There are five that were identified in the original storm.water application. Do you want me to indicate all five? If so, they will be approximations. All right. This is not to scale. MR. COX: Why don't you write the numbering for the outfall? THE WITNESS: I'm not sure of the numbering. Was it seven through eleven? MR. COX: Then just do circles. (Executed by the witness.) Do you have a recollection as to which, if any, of those had the PCB hits? This one right here, the center one (indicating). And if you sat down here today and I tried to get you to label the contents of any of these particular cells, could REGIONAL REPORTING SERVICE, INC. 1 2 3 4 5 6 7 A. 8 9 IQ 11 12 13 14 IS 16 Q. 17 18 19 A. 20 21 22 23 167 Anything else that you have learned about up there in your tenure here that - - again, that is a term I'm using, "a surprise" - - but that was unexpected or you didn't realize that you can think of today? Nothing that is pertinent, since all of the brush and everything has been cleared off of the landfill, just the general lay of the land. It used to be so heavily forested. I didn't realize how some of the land laid and some of the cells and positions and things like that. That' s the only thing I can think of that comes to mind. And they haven't put anything as part of this remediation up there and buried it -No, not to my knowledge. MR. CUNNINGHAM: I've got* three photographs here we will call Jones Twelve, A, B, and C. (Plaintiffs' Exhibit Numbers REGIONAL REPORTING SERVICE, INC. 1 2 3 4 A. 5 6 7 a 9 Q. 10 11 12 A. 13 14 Q. 15 16 17 A. 18 19 20 Q. 21 22 23 166 you enlighten me at all as to that, or would I have to go back and look at historical documents? For the most part, you would have to get historical documents. I can tell you a couple of the cells. But especially the older western cells, I couldn't tell you exactly. I understood at one point 2 02 got extended there. But that was before you arrived, was it not? That was in the early '70s -- or mid '70s. Are you aware of any sampling set up around this landfill or within this landfill to monitor air contamination? No, I'm not, other than dust monitoring during the remediation activity. I believe there was some of that done. I'm going to characterize. This is my wording. Finding the PCBs in the storm water is a surprise and finding that old equipment up there is a surprise. REGIONAL REPORTING SERVICE, INC. 1 2 3 4 5 6 Q. 7 8 9 10 11 12 13 14 15 16 17 18 A. 19 20 Q. 21 22 A. 23 Q. 168 Twelve A, B, and C were marked for identification.) MR. COX: You don't have a date on this -(Discussion held off record.) Mr. Jones, let's take what has been labeled Jones Twelve A, which is a photograph taken from the air near the facility. And it purports to be -- at least what I perceive it to be is somewhat centered on the Mars Hill Missionary Baptist Church and the retention basin which lies to the east of it and the remediation work that is taking place further north of the church. Does that look to you like what it shows? That is what is in the center of the photograph? Can you see the plant itself in the background? Yes. Again, so I don't have to cover a lot REGIONAL REPORTING SERVICE, INC. HARTOLDMONO014662 1 2 3 4 5 6 A. 7 Q. 8 9 10 11 A. 12 Q. 13 14 IS 16 17 re 19 20 A. 21 22 23 169 with you, you dicin' c have any involvement in designing or implementing this remediation process, I take it. that ia showing having all this dirt dug up or this retention basin? No, I did not. , Okay. And you would agree that the church, Mara Hill Missionary Baptist Church, is very close to the Monsanto property? Tes, it is. And that it is surrounded at this point hy property that Monsanto has remediated? MR. COX: At the point in the photograph or at this point in time? MR. CUNNINGHAM: At this point in time. I don't know if it has been remediated. It appears there has been some cover put on it. But I don't know, you know, if it has been covered for remediation or REGIONAL REPORTING SERVICE, INC. 1 2 3 A. 4 5 6 *t 6 Q. 9 10 11 12 A. 13 14 15 Q16 17 18 19 20 21 22 23 A. 171 designed to catch runoff water and direct it to the retention basin? I don't know if it's runoff water off the landfill. I know that it's the drainage ditch that is supposed to run alongside the highway and directed tc^rdt tiir.t basin. The distance from the church property to that landfill is relatively modest, is it not, on the order of a few hundred feet? I think it's a little further than that. It looks to me to be possibly closer to a thousand feet. I think I've got a to-scale map here. And then lastly we have the Exhibit Number Twelve C, which is a photograph that would appear to depict the entire south end landfill. specifically the cells that on Jones Eleven would be described as the western cells. Yes, that appears correct. REGIONAL REPORTING SERVICE, INC. 1 2 3 Q. 4 5 6 7 B 9 10 11 A. 12 13 Q. 14 15 16 17 16 19 A. 20 21 22 Q. 23 iC that's just where undergrowth has 170 been stripped off. Okay. Let me take you to what haB been marked as Twelve S, an exhibit to your deposition, a little bit different angle. This kind of shows the toe of the landfill here on the far left of the photograph. Would you agree with me that is what is depicted there in that lower left corner? It appears to be part of the liner that went on the south landfill. And also I think showing up in that photograph is the concrete -- I call it a flume, but it's a line of concrete that's been laid in the drainage at the base of that landfill on the side of 202. Is that correct? There is some concrete. I can't tell if it's complete or not. But there appears to be some concrete there. Are you familiar enough to know from what's going on up there that that is REGIONAL REPORTING SERVICE, INC. 1 Q. 2 3 4 5 A. 6 7 8 9 10 11 12 13 14 Q. 15 16 17 18 19 20 21 A. 22 Q23 172 And chat photograph at that stage of Che process, they have got the Targe geotextile cover on preparatory to covering that with more earth. There is a black material on there. I don't know if chat's -- It seems like they put a felt iu. don't know if that is the felt layer or the geotextile, but it looks like a black material on the area. (Plaintiffs' Exhibit Number Thirteen was marked for identification.) Okay. Let me show you a map. It's been labeled Exhibit Thirteen to your deposition. Now, this was prepared by solder Associates. Is that a contractor that Monsanto has been using for the remediation work? That's correct. And this one actually has a scale on it. If you look there in the lower right -- REGIONAL REPORTING SERVICE, INC. HARTOLDMON0014663 1 2 3 4 5 A. 6 Q. 7 8 A. 9 Q. IQ 11 12 13 A. 14 15 Q. 16 17 A. 18 Q. 19 20 21 22 A. 23 173 I think if you check, that will be at least at this magnification works out to about four hundred feet to the inch, if you want to check that. Yes. Do you see the MarB Hill Missionary Baptist Church represented in that map? Yes, I do. How far is it in inches from that toe of that landfill cell S-E to the church property - - Or let's say the church structure. That will be easier for you. It looks like about one and three-fourths inches. So that would translate to maybe seven hundred feet? Okay. While we are at it, let's go ahead and measure the distance from the church structure to the plant property. I think it's probably a little less. It looks like a little over an inch and a half. REGIONAL REPORTING SERVICE, INC. 1 2 3 4 Q. 5 6 7 8 9 10 11 12 A. 13 14 15 16 17 Q. 18 19 20 A. 21 Q. 22 23 A. 175 that ditch. So I assume that water comes off the mountain, but I have never seen it take place. So as we sic here today, prior to all the work chat we see kind of reflected in the photographs in Number Twelve, do you know where the stozm water that came off that landfill through those four outfalls that you showed us on Exhibit Number Eleven -- where Chat went once it crossed 202? I always assumed it went through that ditch alongside the church. But like I said, I have never seen any substantial flow through that, even during periods of rain. Okay. I have an excerpt here from RFA that was done in the early '90s. Do you know what RFA is? Yes, I do. Have you ever seen an RFA that was done on your facility? Yes. It was done after I came here. REGIONAL REPORTING SERVICE, INC. 1 Q. 2 3 4 5 6 7 8 A. 9 10 11 12 13 14 Q. 15 16 A. 17 Q. 18 19 20 21 A. 22 23 okay. 174 Now, this property has --or this map, rather, has an area that has been outlined in black by Golder. Again, I understand you weren't real involved with the remediation. But is that roughly the area where the property purchase program was implemented? I believe chat was the area that was set aside for investigation of the drainage ditch that ran through the eastern property. I don't Chink that is designated property purchase areas or anything. That investigation area clearly does include the church, right? Yes, it does. And is it not correct that the natural drainage off the south landfill came down past that church? MR. COX: Object to the form. There is a drainage ditch on the west side of the church. I have never seen a substantial amount of water flow through REGIONAL REPORTING SERVICE, INC. 1 Q, 2 3 4 5 6 7 a 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 176 I wasn't going to make this an exhibit. But in reading through that -one section. they talk about the release history, PCS contamination, and there is a reference here in April of 1988, "Monsanto proceeded to implement a sediment removal plan without approval from state or federal agencies. During the remediation activities the facility shipped approximately a thousand tons of contaminated soil and sediment to Ghem Waste Management in Bmelle, Alabama." You have cold us about that. This next sentence is what I was curious about, that "Sediment sampling after removal still indicated greater than fifty parts per million PCBs remaining," and it gives several references. I'm wondering were you aware, as the environmental engineer at the facility, that there were still greater than fifty parts per million PCBs in the I REGIONAL REPORTING SERVICE* INC. HARTOLDMONO014664 1 2 3 4 A. 5 6 7 8 9 10 11 12 13 * * 15 Q. 16 17 ia 19 A. 20 Q. 21 22 23 177 sediment after that thousand tons was removed? MR. COX: Object to the form. I don't know if I waa aware of it. Hub RFA took place not long after I came to work there. It was a look at the historical -- the history of the plant. Jerry Brown handled questions and answers with the contractors that were there. I simply did not have the background to answer their questions. So if that was stated in a meeting with them, I was most likely there. I don't remember that taking place. You don't have any independent recollection of being aware that there were greacer than fifty parts per million out there? No, I don't. They have in this document a table III-l, Roman numeral three, dash, one, a synopsis of individual cells. And for these individuals cells it has a listing REGIONAL REPORTING SERVICE, INC. 1 2 A. 3 Q. 4 5 6 7 8 9 10 11 A. 12 13 14 15 16 17 18 19 20 21 Q. 22 23 179 was ongoing? No. I know when we were taking Alan Faust, they talked about running into a pipe of something that got severed, and then everybody backed off, and that stuff got analyzed, and they figured out it was whatever it was. But you are saying that would not have been analyzed there at the plant as far as you' know? No. Unless it was one of our products. I don't remember what instance you are talking about. But unless it was one of our products -- That ia a misconception a lot of people have. You don't just stick an unknown into a machine and it Celia you. You've got to have standards. Unless it was one of our products, we wouldn't have had the capability to analyze it. Is it a fair statement for me to conclude from your testimony that Monsanto - - let me make it simpler -- REGIONAL REPORTING SERVICE, INC. 1 2 3 4 5 A. 6 7 Q. 8 9 10 11 12 A. 13 Q. 14 15 16 17 A. 18 19 20 21 Q. 22 23 of waste. 178 Again, I take it you couldn't agree or disagree or add anything no our understanding of those contents? That's information they must have gotten from Jerry Brown. Okay. I'm trying not to be redundant. Have you had the health studies that were put together by ATSTR and the Alabama Department of Public Health? There were two of them. I may have. I don't remember. So I'm going to guess you can't recall anything m theic ms scixKxuy you mo being inconsistent with your understanding? No. MR. COX: Let's take a short break. (A break was taken.) Did anyone in your department do any testing as part of this remediation -- do analysis of dirt as the remediation REGIONAL REPORTING SERVICE, INC. 1 2 3 4 5 6 A. 7 a 9 10 Q. 11 12 13 14 A. 15 16 17 18 19 20 Q. 21 22 23 160 that you do not know where the PCBs that are present east of the plant, around Che church, on the church, those residential properties, those ditches. where they came from? I would say that somewhere from our south landfill I'm sure there waa some contribution. Has it all that is there. I don't know chat. All right. And for that portion that came from the south landfill, do you know where in chat -- Because that is a lot of acres, a lot of cells. No, I don't. Because from what I have seen, it appears to be drainage patterns. So I don't know. All I know is from where I see sample analyses that indicates PCBs present on the surface or were present on the surface. Have you 'seen a map where somebody mapped out where it was present on the surface of the landfill as opposed to where it was present on these eastern REGIONAL REPORTING SERVICE, INC. HARTOLDMON0014665 1 2 A. 3 4 5 6 7 Q. 8 A. 9 Q, 10 11 12 A. 13 Q. 14 A. 15 16 17 ie 19 20 21 22 23 181 properties? I have seen a map that Bhows where samples have been pulled, where PCBs were detected, starting with the south landfill all the way through the eaBt area. And who did that testing, if you recall? Garrity and Miller. And would that have been -- You tell me. What year do you think that testing was done? The testing on the landfill itself? Yes, on the landfill. I would say probably '95, after the -it was found at the storm water discharge point. Either ' 95 or early 96, sometime in that time frame, I would guess. MR. CUNNINGHAM: That's all I have. (The deposition concluded at 2:00 p.m.) REGIONAL REPORTING SERVICE, INC. 182 1 I do hereby certify that the witness 2 whose attached deposition was taken before me 3 was by me firnt duly ran*1 < 4 tell nothin? but the truth in the cause 5 aforesaid; that the testimony contained herein 6 was by me reduced to writing in the presence 7 of said witnesses by means of stenography and 8 afterwards transcribed by means of computer 9 aided transcription. The foregoing is a true 10 and accurate transcript of the whole of the 11 testimony given by said witness, as aforesaid. 12 I do further certify that I am not 13 connected by blood or marriage with any of the 14 parties or their attorneys or agents and that 15 I am not an employee of any of them, nor 16 interested in the matter of controversy. 17 IN WITNESS WHEREOF, I have hereunto set 18 my hand and affixed my notarial seal at 19 Gadsden, Alabama, County of Etowah, this 17th 20 day of May 1998. 21 Deborah balers Garrett 22 Certified Shorthand Reporter Registered Professional Reporter 23 Notary Public, Alabama-at-Large My Commission expires: 3-7-2001 REGIONAL REPORTING SERVICE, INC. HARTOLDMONO014666 jo: . X AJ '60s 132:22 '70s 58:20; 125:2; . 166:12,13 '80s 32:13; 61:14; 62:18 '86 81:4 '90 21:20; 87:4; 129:8 '90s 109:16; 175:18 '92 128:22 '93 122:6,14; 129:7 '94 139:16; 151:13 '95 52:1,2; 53:8; 148:14; 151:13; 153:17; 154:12 ; 181:14,16 '96 23:20; 24:5; 33:21; 151:13; 1C1:17 '97 37:11 1 1000 1:17 II 135:1 III 3:14.5 119 3:15 120 3:15.5 1216 7:8 131 3:16 134 3:16.5 142 3:17 147 3:17.5 152 3:18 155 3:18.5 157 3:19 161 3:19.5 168 3:20 172 3:20.5 17th 182:19 182 3:4 1928 81:23 1960 124:23 1971 11:12 1978 11:13 1980s 119:1 1982 12:22 1983 17:10; 18:10 1988 18:17,18; 112:3; 176:5 1989 162:20; 163:4 1990 20:22; 59:6; 68:2; 155:23 1993 120:23; 121:14; 128:9 1994 131:14; 135:2; 142:7; 143:5 1995 56:14,22; 147:9; 152:19 1996 23:19; 157:11 1998 1:15; 4:8; 5:1; 143:19; 182:20 1998's 38:2 2 2 155:23 200 2:4.5 202 161:22,23; 162:5; 166:9; 170:18; 175:11 20th 2:11 25 120:23; 152:18 29 1:15; 4:7; 5:1 2:00 181:22 2nd 157:11 3 '3-7-2001 182:23.5 300 2:10.5 304 2:5 31 131:13 311 47:15 312 47:15 35203 2:11.5 35901-0755 1:21.5 36202 2:14.5 36203 7:9 4 4 3:3 40202 2:5.5 5 5 3:9; 11:18 5-E 173:10 500 1:17 505 2:11 580 2:14 6 6 142:7 7 7 147:8 755 1:21 9 9:00 1:14; 4:8 A a.m 4:8 a.xn. 1:15 above 10:5; 25:5; 37:3; 38:15; 61:22; 144:19 absolutely 71:2 accepting 82:10 accessibility 90:2 accompanied 50:23; 51:5, 16 accounting 138:7 accreditation 26:1 accumulate 118:14 accurate 182:10 acetaminophen 80:15 acetone 93:21, 22 achieve 119:1 acid 20:2 acquaint 6:1 acquired 23:10; 124:15 acres 129:15; 180:13 tage x across 90:22 acting 42:3; 150:22 action 1:4.5; 100:10 actions 133:11,16 active 162:18 activities 22:15; 31:22; 47:5; 83:7; 85:9; 123:1; 176:9 activity 85:7; 87:17; 114:6; 164:10; 166:18 actor 79:22 acts 95:10 actual 144:5 actuality 125:14 actually 30:21; 34:20; 49:11; 62:7, 10; 113:12; 123:2; 134:6; 172:22 add 129:5; 178:3 added 92:12 addition 67:16; 127:10; 144:6 additional 25:11; 35:19; 57:12; 92:12, 14; 144:12 Additionally 141:5 address 7:7 addressed 131:14; 135:2 addressing 133:14 ADEM 45:9; 63: 18; 64 13 66: 11; 67- 14 68: l; 72:4,7 74: 11; 81: 7; 82: 17, 21; 83: 3,5 / 84: 17; 120 : 22 123 : 22 124 : 12 125 :6 , 12; 131 : 15 i HARTOLDMONO014667 JONES.TXT 132:2; 133:13; 135:4; 140:11; 147:8; 148:14; , 150:23; 151:2,5; 153:1; 156:2; 161:12 ADEM's 148:21; 153:6 adhering 139:6 adjoining 49:6 adminis trative 81:2 admit 37:14 advancement 19:1 adverse 153:14 advice 112:23 advised 52:8; 64:11,13 advising 156:2 afar 128:18 affairs 82:18 affixed 182:18 aforesaid 182:5,11 afraid 125:13 African 160:15 afternoon 84:5 afterwards 182:8 age 10:5 agencies 72:3; 176:8 agency 35:20; 114:17; 132:7 agents 182:14 ago 15:22; 27:2; 43:11 agree 117:15; 161:20; 162:10; 169:7; 170:8; 178:3 AGREED 4:2,9, 15,22 ahead 36:6; 83:11,13; 124:18; 125:17; 126:4; 127:12; 173:18 aided 182:9 air 16:15; 20:6,12,13; 42:21; 43:4; 72:10; 73:22; 74:1; 78:10, 11,13,16; 97:8,20; 98:7,17; 153:3,6; 155-.11,14; 166:16; 168:8 airborne 113:11 al. 1:3,6.5 ALABAMA 1:1, 18,21.5; 2:11.5,14.5; 4:6,7; 5:1; 7:8; 8:3,7; 9:7; 11:1; 16:11; 17:3, 12,20; 21:4, 9; 31:9; 69:22; 75:8; 76:2; 121:13, 20; 122:5; 128:20; 129:9; 133:2; 150:11; 157:11; 176:12; 178:10; 182:19 Alabama-at-La rge 182:23 AlaChem 15:19; 16:10,14 Alan 41:17; 97:23; 179:3 alert 48:13; 49:4; 103:21 alerted 66:23 allocation 37:6 almost 30:4; 68:15; 129:14 alongside 171:6; 175:13 already 59:12; 66:19; 87:2, 5; 91:2; 140:11; 141:13,15 altered 22:6 although 39:17; 70:1 ambient 44:9 American 160:15 amount 105:16; 174:23 amounts 98:20; 153:13 Amy 10:12 analyses 30:14; 55:17, 18; 61:8; 96:4; 180:17 analysis 55:19,22; 59:15,16; 96:11; 97:2; 102:4; 137:12; 178:23 analytical 95:23; 96:1, 18,22 analyze 158:2; 179:20 analyzed 105:1; 179:7, 9 analyzing 30:12 angle 170:6 Anniston 1:18; 2:14.5; 4:7; 5:1; 26:7; 31:9; 41:6; 42:13; 46:20, 22,23; 47:12; 59:1,22; 69:7; 78:2; 86:5; 89:17, 20; 93:14; 116:16; 121:5; 157:15 annual 37:5; 114:19 another 23:23; 24:13; 81:1; 109:7 answer 6:3,6, 11; 29:20; 114:9; 116:3; 177:11 answers 30:18; 177:9 anticipated 12:4 anticipating 12:2 anybody 67:2; 75:17; 106:9, 19; 110:9; 113:6; 151:11 Page 2 anyway 126:10; 140:9 APCO 132:15 apologize 46:17 appear 131:16; 134:23; 147:7; 157:10; 171:18 appears 91:8; 120:4; 121:1, 4; 142:4; 162:1; 169:21; 170:11,20; 171:23; 180:15 application 36:18; 72:16; 140:20; 141:2; 165:6 applications 20:20; 31:21; 35:4; 43:4 apply 35:7; 116:9; 144:16 appreciation 159:1 appropriate 117:7,17 approval 37:4; 38:16,- 145:1; 176:7 approved 144:3 approximate 162:6; 164:10 approximately 26:23; 176:10 approximations 165:8 April 1:15; 4:7; 5:1; 122:6; 129:7; 176:5 area 20:3; 33:7; 55:3; 58:14; 60:6, 10; 62:9; 66:20; 68:9; 87:13; 90:8; 94:4; 99:19; 117:6; 127:6, 21,23; 128:20; 135:14,23; 136:5; 138:10,12,13; HARTOLDMONO014668 JONES.TXT 139:3; 140:3; 147:13 19; 150:20, 154:8; 172:10 174:2,6,8,14; 181: 6 areas 24:5; 34:22; 92:13; 105:7; 127:16, 18; 174:12 aren't 22:14 arena 34:16 arenas 34:12 armed 11:10 Army 11 =5,15; 12:6 around 49:15; 60:10; 64:13; 88:1,4 ' 97:10; 122:17 124:23 132:21 137:16 140:6; 154:21 166:15 180:2 arrange 59:8 arranged 59:12 arrived 146:3; 166:11 _ k 1 -> A 6U. k. 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A ARTHUR 2:13 aside 30:10; 42:10; 70:14; 88:20; 174:9 aspects 33:2; 47:8; 112:4; 135:10 asphalt 99:14 assessment 121:2,18; 122:20 assign 4:19 assignments 104:8 associated 38:8; 67:9; 70:23; 90:8; 96:4,6 105:14 114:11 133:22 154:9 Associates 172:18 association 16:12,16; 59:22 assume 7:2; 16:10; 20:11; 21:7; 28:7; 30:17; 39:5; 40:7; 41:3; 44:11; 45:23; 60:12; 70:2; 71:23; 72:4; 86:12,18; 91:17,20; 96:20; 101:22; 102:14; 111:14; 112:10,20; 115:4,5; 129:21; 132:18; 138:12; 147:22; 148:6; 150:6; 158:22; 175:1 assumed 34:19; 60:15; 66:19; 79:3; 175:12 as s\iming 13:15; 18:9; 25:17; 33:23; 53:20; 55:16; 57:1,4; 143:1; 149:10; 150:7 assumption 32:16 Atlanta 110:2; 146:19 ATSTR 178:9 attached 3:22.5; ' 116:8,17; 142:16; 182:2 attainment 98:9 attendant 117:22 attended 15:2, 7,14 attention 56:2 attorney-dient 29:11 attorneys 27:12,13,15; 182:14 Auburn 8:23; 9:1; 12:18, 19; 17:2 audible 51:21 audit 75:3,4, 7; 82:15 August 155:22; 157:10 authored 131:16,22; 135:4,6 authorities 35:10; 41:16 authority 36:21,23; 38:23; 40:8 authorization 54:8 available 68:5,9,10; 102:10; 104:11,13 Avenue 1:17 average 14:15; 44:1,8 Avoid 112:17, 18 awaited 59:14 aware 45:2; 47:3; 50:15; 52:19; 57:6, 21; 58:23; 64:12; 65:22; 91:11,22; 92:4; 93:7; 94:5; 99:3, 18; 100:3,13; 104:16; 105:22; 106:14,19; 110:9,16; 114:5,10; 157:23; 159:11; 166:14; 176:20; 177:4,16 away 69:20 . AWMA 16:15 B B-l-a-s-c-o 153:8 B-y-r-d 24:20 bachelor 13:2 back 6:5,14; 9:15; 11:8; 21:9,12,15; 32:12; 56:6; 57:17; 58:19; Page 3 59:16; 68:4; 70:6; 88:17; 94:10,16; 95:a; 123:X/; 126:13 ; 132:8; 140:2; 149:18,20,22; 160:18; 164:5; 166:2 backed 179:6 background 11:9; 17:9; 32:10; 66:22; 67:8; 116:20; 168:21; 177:11 bad 79:22; 95:12; 153:4 badges 104 18, 22 ball 165:1 ballpark 14:13; 146:21 BAPTIST 1:3; 51:2; 56:22; 57:19; 70:16, 19; 71:3,18; 99:5; 100:5; 149:13; 168:12; 169:8; 173:7 Barbara 153:1 base 170:17 nasea 28:9; 30:18; 36:17; 78:15; 79:3; 105:10; 127:2; 137:12; 142:18 BASF 18:20; 19:2; 20:9 basically 22:5; 78:8 basin 90:10; 168:13; 169:5; 171:2, 7 basins 90:20 batch 95:15,17 batches 95:12, 14 batteries 77:8 became 52:19; 57:6,20; 64:12 become 24:11; 58:23; 100:16 HARTOLDMON0014669 JONES.TXT bedrock 133:20 beds 90:13 begin. 49:19 beginning 118:9; 132:10 begun 151:8 , bebalf 5:13 behavior 39:2 believe 8: 20; 23 : 5; 41: 13 ; 51: 13; 52 : 7; 58: 10, 13; 60 : 11; 61 :11; 64: 21; 69 :8; 81: 23; 86 :8; 90: 9,12; 93 : 8,13,2 0; 94: l; 102 : 13; 110 :l; 119:3; 122 :4, 12, 15; 128 : 22 7 135 :7; 153 : 18 7 154 : 20 7 165 : 4; 166 : 19 ; 174:8 belong 16:18 beneath 37:2; 38:14 Benning 11:4 benzene 79:6, 10; 80:9,10; 98:20; 101:10; 103:19,21; 155:23; 156:3,8,13, 17,18 besides 22:12; 114:7 best 29:15; 136:21 Bethel 51:2; 57:18; 60:10; 71:20,22;. 149:19 better 70:9; 103:22 between 61:3; 74:23; 132:9; 135:21 beyond 18:11 Bif'j. B2:12 . big 19:17; 20:1,2; 41:7; 80:23; 84:21; 112:1 biggest 133:21 billion 139:23; 158:19; 160:9,10 binders 112:1 biphenyl 18:4; 116:12 Birmingham 2:11.5 bit 9:11; 16:3; 42:18; 170:5 BJH 147:8; 150:7 black 127:22; 128:1,12; 172:5,10; 174:3 Blasco 153:1,8 blend 93:21 blended 93:22 blocks 54:2 blood 101:13, 15; 102:2,4, 10; 103:3,6; 104:9; 159:19; 160:8; 182:13 blue 163:18; 164:18 board 66:4; 122:19; 129:13 Bob 23:1 BOD 96:5 boiler 77:16; 94:14 boilers 95:11 bolt 62:13 bolts 97:14 bonus 25:4 book 91:5 books 49:11 boss 40:22 both 37:7; 41:23; 43:3; 55:7; 62:1; 76:9 bottled 89:21, 22 bottom 6:7; 113:9,12; 114:12; 126:21 bottoms 128:3 bought 76:22; 89:16 boundaries 60:5; 99:15 box 2:14; 145:11,12,13, 14 Branch 135:3 brand 60:17 break 95:6; 134:15; 178:19,20 breaks 95:3 breathing 112:17 Brian 150:7, 17; 152:20 briefing 15:8 briefly 17:16 bring 33:15; 89:23 bringing 55:2 broad 37:17 broken 72:7 brought 54:15; 56:2 Brown 87:2,15; 133:2; 177:8; 178:6 brush 136:17; 167:8 Buddy 101:5 budget 37:5, 11; 38:3,5, 10,12 building 2:4.5; 81:1, 2,6,13,15,22; 82:2; 163:21 buildings 163:15 built 81:23; 85:4 bulbs 77:3 bunch 5:13 Burford 86:8 buried 92:23; 93:16,18; 99:23; 124:21; 136:12; 163:17; 167:17 burner 77:13 burning 98:10, 12,19 Burr 26:21 bury 81:8 butt 125:13 Byrd 24:16,18; 34:4; 40:4; Page 4 42:11; 47:22; 48:2 C C-u-m-e-n-e 79:13 cadmium 77:7 calculate 79:1 calculated 78:13,15 calculators 77:8 calendar 37:9, 11 CALHOUN 1:1.5; 9:19; 10:8,9; 49:16; 82:9; 98:9 call 9:8; 26:13; 35:20; 53:2; 72:14. 15,21; 73:14, 17,21; 74:5, 10; 83:11,13; 106:9; 116:23; 122:4; 133:4; 134:1,9,11; 140:22; 142:21; 153:22; 156:2,- 161:2; 167:21; 170:14 called 18:4; 55:19; 75:1; 106:5; 121:19; 153:1 came 20:23; 21:6,8,15,20; 23:4; 56:6; 57:17; 59:16; 60:16; 62:22; 66:4; 68:2; 85:4; 129:12; 138:21; 141:18; 152:4; 156:12; 174:18; 175:7,23; 177:5; 180:5, 11 cancer 105:21; 114:18 candid 162:22 cap 81:9; HARTOLDMONO014670 JONES.TXT 92:12,14 capabilities 33:7; 86:20; 95:23; 96:1,9 capability 96:19; 179:20 capped 92:15 capping 87:19; 135:14; 139:9,11; 164:8 Caprolactam 19:22; 20:1 caps 84:23; 85:1; 87:11, 14; 92:10,16 carcinogen 80:10; 115:4, 8 carcinogenicity 115:13 Carcinogens 114:20 care 34:2; 59:7; 112:13; 118:10 career 14:1; 19:1; 34:14 carrying 108:20 case 90:3; 103:16 cases 26:11, 14,20; 104:4 Cassandra 70:20; 71:12 catas trophic 49:17 catch 171:1 catchment 90:20 cause 140:4; 153:14; 182:4 caused 100:15; 139:20 causing 139:21 cautioned 182:3 CB 80:2 ceased 163:2 cell 90:21,22; 92:13; 107:23; 162:13,19; 163:1; 173:10 Cells 84:16, 19; 85:2; 87:5,7,19; 88:17; 91:15; 92:2,5,15; 135:18,22; 161:23; 162:14; 165:23; 166:6,7; 167:13; 171:20,22; 177:22,23; 180:13 center 2:10.5; 89:13; 165:19; 168:18 centered 168:11 central 8:7 certain 25:10; 35:23; 36:14, 15; 37:6; 47:4,8; 71:10 certainly 9:5; 72:23; 129:21; 163:3 Certificate 3:4 certification 25:22 certified 1:12; 74:18; 84:16; 182:22 certify 182:1, 12 chain 95:4 change 24:4; 39:2; 73:18 changed 14:4; 22:8; 23:8,9; 132:6; 156:21 changing 81:20 'charac teri sti es 80:7 characterizat ion 155:5 characterize 122:22; 166:20 characterized 107:17 charge 19:9, 12; 20:4; 22:15; 23:22; 42:21; 130:20 CHARLES 2:4 Charlie 5:11; 57:2 chastised 110:11; 126:19 Chattahoochee 10:21; 11:3,6 cheap 70:3 Cheatwood 121:1,12 check 97:20; 173:1,4 Cheever 23:1,2 Cheever's 119:19 chem 144:21; 176:11 chemical 13:3; 16:11; 17:23; 19:6; 32:10; 49:8; 50:8; 76:12; 97:2; 121:6; 142:5 chemically 79:14; 82:6 chemicals 18:1; 47:6; 78:22; 79:5; 101:8; 114:14 Chief 131:15 children 10:1, 5 chlorine 113:13,16 Choccolocco 159:17 chosen 51:6 church 1:3; 56:22; 57:19; 60:10; 70:16, 19; 71:3,14, 18; 97:22; 99:5; 100:5, 12,15,16,17; 145:16; 147:14; 149:10,13,15, 19; 150:1; 151:11; 168:12,16; 169:8,9; 171:8; 173:7, 10,11,19; 174:15,19,22; 175:13; 180:3 churches 51:2 Ciba-Geigy 17:12; 18:15 CIRCLA 79:19 Circle 164:18 circles Page 5 164:21; 165:15 CIRCUIT 1:1.5 circums tances 48:8 City 10:22,23; 17:6; 78:2; 89:17,20 CIVIL 1:4.5 u ar . V A wU** 'X w . Clair 82:11 clarification 54:1; 149:7 clarify 58:17 class 80:13 classwork 32:12 Clay 92:16; 127:17; 138:21,22 clean 95:9; 117:23 cleaned 60:13 cleaning 108:14 cleanup 103:22; 118:2 clear 63:17; 163:20; 164:2 cleared 167:9 clearly 29:15; 134:12; 174:14- clerk 11:21 clients 5:14 clinic 81:20 clinical 96:1 close 29:8; 169:9 doss'd 94:1*7' 85:8; 87:5;* 88:16; 91:2; 92:7; 135:18 closer 171:13 clothing 117:8 Club 46:23 CMW 142:9 Cobb 73:17 cognizant 36:3 Coles 74:10 collect 45:23; 77:5 collected 54:11; 102:15 college 10:20, 22; 12:14; 14:16 color 105:5 HARTOLDMONOOI4671 JONES.TXT corporate 16:13; 24:6; 25:9; 34:8; 35:14; 36:11, 16; 41:4; 69:8; 76:11; 93:9; 119:3 corporate-wide 120:6 correct 10:2; 11:16; 12:16; 13:15; 18:9; 21:1,10,13; 24:21; 25:20; 27:18; 28:12; 32:8,15,17, 18,21; 33:3, 4; 34: 5; 40:10; 61:11; 64:9,10,13, 14; 67 :13; 68:3; 69:23; 73:4; 77:18; 85:17, 20; 86:15; 102:17 / 112:9; 119:8, 21,22; 120:2, 10,11; 123:21 / 124:2; 134:5; 139:13 / 142:14 ,15,19; 143:3, 8; 148:1; 149:11 t 156:5, 10,14, 15; 157:22; 158:20 ,22; 162:15 170:18 171:23 172:21 174:17 corrective 133:11,16 correctly 156:4; 157:16 corre spondenc e 132:8 cost 37:15; 61:5; 70:2; 137:22; 138:7; 143:6; 146:22 cost-saving 96:15 Cost-wise 146:20 costs 38:8; 145:2 couldn't 45:20; 55:7; 83:8; 95:20; 166:7; 178:2 COUNTY 1:1.5; 9:19; 10:8,9; 49:16; 82:9, 11; 98:9; 182:19 Couple 5:23; 17:16; 22:13; 27:2; 46:15; 135:10; 152:3; 166:6 course 15:2; 33:17,18 courtesy 42:5 Cove 26:17 cover 110:21; 127:17; 129:3; 168:23; 169:21; 172:3 coverage 151:9 covered 60:14; 86:14; 128:21; 151:10; 155:11; 169:23 covering 106:13; 172:4 COX 2:9.5; 11:23; 26:16; 27:16; 29:5; 31:12; 36:5, 7; 37:22; 39:7; 40:13; .41:9; 46:3; 50:5; 53:15; 54:18; 56:8, 23; 63:22; 65:6; 66:12, 16; 67:7; 68:22; 70:4, 12; 93:2,17; 102:18,23; 111:1; 113:5; 114:8; 116:2; 124:5; 140:10; 144:9; 145:9, 20; 148:9,21; 149:5; 151:14; 155:4; 158:11; 160:3; 161:9; 162:2; 163:20; 164:1,15,22; 165:10,15; 168:3; 169:15; 174:20; 177:3; 178:18 created 22:21; 91:12 Creek 61:18; 62:4,7,8,11; 141:7; 159:17 criteria 25:10,12; 98:8; 114:14 crossed 175:11 crudely 20:15 crushed 77:2; 107:15 Cryvek 109:9 CSR 4:5 culvert 60:14 culverted 60:13 cumene 79:6, 11; 101:10 CUNNINGHAM 2:4; 3:9; 5:8,12; 28:5; 40:15; 53:18; 57:3; 124:6; 131:7; 134:14,16; 148:19,23; 149:6; 151:16; 161:14; 162:9; 164:3; 167:20; 169:18; 181:19 curious 106:7; 137:15; 176:15 current 74:1; 111:18; 159:20; 160:1 currently 74:4 curriculum 12:12 CUt 6:2,12; 95:8; 138:18 cutting 86:3, 10 Page 7 CV-96-243 1:5.5 CWM 142:9,18; 146:6,8,9 D dangerous 154:18 Daniell 152:19; 157:13 Daphne 74:2,5 dash 120:1; 177:21 data 46:1,6; 62:22; 64:12, 23 ; 65:7,10, 12; 99:3; 102:14; 103:9; 110:17; 123:7,11,14, 15; 139:17; 148:3; 158:9, 23; 159:3,23 date 57:14; 131:13; 142:6; 157:10; 168:3 dated 112 : 3 , 120:23; 135:1;. 147:8; 152:18; 155:22 dates 63:14 daughter 10:12 Davis 124:12; 125:15; 135:2 day 44:14; 58:10; 94:2; 107:4; 133:5; 156:6; 182:20 dead 89:13 deal 71:8; 73:11; 74:12; 75:15; 106:16 dealing 12:7; 13:17; 14:23; 75:11; 122:9; 150:4 dealings 108:13 dealt 32:13; 73:12; 75:10, 17 Deborah 1:12; 4:5; 182:21.5 HARTOLDMONO014672 JONES.TXT Columbus 11:7 combine 131:4 come 6:14; 9:15; 33:13; 59:23; 62:14; 75:5,7; , 76:16; 83:17; 95:12,14,19; 115:16; 120:19; 121:18; 122:19; 126:13; 136:9; 144:3; 145:13,19 comes 73:10; 88:13; 149:20; 154:7,14; 167:15; 175:2 comfortable 37:18 coming 58:21; 63:8; 64:1, 19; 65:3; 83:12; 94:15; 108:22; 122:1; 127:1; 141:11; 149:18,22; 155:15 command 39:20 commencing 1:14 comment 29:14 Commission 182:23.5 Commissioner 1:14; 4:6,23 common 25:1 communicating 46:9; 50:20 communication 29:12; 72:12; 73:1 communications 49:23; 70:17; 114:15 community 10:21; 46:9; 47:2,7; 49:13; 50:17; 102:11 companies 25:2; 50:8 company 1:6.5; 8:20; 14:8; 21:15; 25:7; 110:10; 118:19; 121:7,14 comparable 19:15; 113:15 compare 146:13 compares 143:18 comparison 145:23 compilation 111:15,21 compiled 112:8 complaint 75:1 complete 6:5, 8; 170:20 completely 30:5; 93:12 compliance 4:13; 31:20; 35:4; 45:11; 47:3,12; 55:5; 64:8; 130:21 component 23:17 composition 78:19 compound 154:13 compounds 67:20; 95:5 computer 182:8 conceivably 126:3 concentration 137:21; 143:12 concept 125:10 concern 39:23 concerned '87:9; 104:12, 21; 116:15; 153:2 concerted 139:7 conclude 179:22 concluded 181:21 conclusion 160:1 concrete 86:5; 170:14,15,19, 21 conduct 32:5 conducted 54:10 conducting 42:7 conference 81:22 confident 61:21 confines 49.-5 confirmation 142:5; 144:21 confirmatory 55:21 confused 82:19; 103:8 conjunction 86:9; 123:10; 139:10 connected 49:16; 182:13 consequences 20:5 considered 35:23; 76:17; 79:22; 115:6; 154:18 consist 78:12, 18; 101:2 consistent 14:3,7; 111:2; 113:2; 115:22 constituted 138 -.11 constitutes 162:12 construction 81:8; 85:3; 132:16 contact 71:23; 72:4,22; 73:5; 112:18, 19; 132:2; 147:20; 150:3,20 contacted 133:3; 150:5; 153:7 contacting 153 :6 contacts 151:2,3 contain 90:21 contained 115:18; 116:13; 182:5 container 77:6 containers 112:17 contaminated Page 6 56:5; 58:12; 82:6,7; 107:2,4; 143:5,20; 176:11 contaminating 56:20 contamination 50:21; 52:9, 20; 53:23; 57:22; 59:11; 65:20,23; 66:8; 67:6; 70:10; 76:12; 109:12; 143:12 ; 166:16; 176:4 content 139:17 uuiii Leii. 165:22; 178:4 context 66:13; 75:14 continue 24 -. 9 continuing 13:8 contract 104:2 contracted 146:9 contractor 15:3; 145:6; 172:18 contractors 42:7; 110:7; 177:9 contrast 83:1 contributed 100:11 contribution 180:8 control 23:18,42:22; 118:1 controlled 143:17 controversy 182:16 conversation 71:8 conversations 29:10; 150'13 cooperation 133:13 coordinated 59:18 coordinating 101:21 copy 120:17, 21; 138:8 corner 170:10 HARTOLDMONO014673 JONES.TXT debris 81:8; 85:14; 86:12; 109:23; 143:5; 163:5, 13,22 December . 23:19,20; 24:4; 33:21; 122:14 decided 67:15 decision 55:10; 93:10; 116:22; 120:6 decision-maki ng 55:10 decisions 55:14 dedicated 97:2 deep 89:7 Defendants 1:7.5; 2:8 definitely 71:2,7 degree 12:15, degrees 44:12 delegated 74:8; 76:2 deleterious 102:17,19 deliberately 135:18 demolition 80:23; 81:5; 85:14; 86:11, 21; 109:19, 23; 146:17; 163:5,13 demonstrate 33:6 demoted 110:11 dense 136:15 department 17:15; 98:18; 150:8,11,14; 157:11; 161:12; 178:10,21 departments 72:8 depend 35:9; 145:21 depending 25:6 depends 48:18; 107:12 depict 171:18 depicted 170:9 deposed 5:16; 26:4,12; 27:21; 87:3 deposition 1:9.5,11; 4:4,10,11,20; 26:6; 27:9; 28:15; 170:5; 172:16; 181:21; 182:2 depositions 4:14; 27:1 describe 40:12 described 58:5; 85:19; 171:21 design 92:5 designated 174:12 designation 107:19 designed 171:1 designing 20:19; 117:11; 169:2 despite 158:5 destroy 68:20 detail 25:16 detected 64:1; 158:20; 181:4 determination 116:20 determine 62:23; 70:8; 89:1 developed 123:12 developing 20:20; 38:4; 122:20; 141:5,8 development '17:15 devil 33:12 devote 120:7 devoted 97:5 different 22:2; 35:10, 21; 50:6; 58:18; 86:4; 104:22; 105:7,8; 151:6; 170:5 difficult 39:17 dig 145:16 digging 106:11 dilapidated 147:14 Dillon 1:16; 2:13.5 direct 40:7, 21,22; 42:12; 123:5; 171:2 directed 171:6 directing 31:21 direction 162:12 dirt 58:14,15; 59:14,15,19, 23; 60:16,20; 61:2,17,21; 86:14; 88:7; 107:1,2; 108:17; 109:6,15,16; 116:8,18; 130:3; 137:16,19; 139:4; 145:17; 146:2; 149:2; 169:4; 178:23 disagree 117:16; 178:3 discharge 67:21; 96:7; 123:23; 124:14; 131:5; 139:12,18; 140:6; 181:16 discovered 52:14; 63:12; 110:13 discussed 104:1,5; 124:13 discusses 157:7 discussion 63:16; 71:15; 124:11; 125:3; 141:22; 150:6; 168:5 discussions 67:14; 150:16,17 disposal 107:7; 112:16; 118:13; 163:3 Disposing 115:16 disregard Page 8 162:9 distance 171:8; 173:19 distribution 99:8 disturbing 138:17 ditch 52:15, 23; 53:1,4; 60:1,11; 61:22; 62:2; 147:10,11,17; 148:6; 171:5; 174:10,21; 175:1,13 ditches 59:10; 62:6,8; 107:3; 146:5; 180:4 divided 48:23 division 72:10,11; 73:6,10,13, 22; 74:6; WQ W*3 .. ^C *1 tZ, A1WO| . 84:2,3; 131:15; 135:3; 153:6 divisions 72:8,13; 83:16 divorced 10:14 docked 110:11 document 29:4; 30:5,13; 111:8; 119:18,23; 120:5,12; 131:12; 134:17; 142:4; 147:2; 155:17,22; 157:2; 158:22; 160:5; 161:10,13; 177:20 doc\imentation 34:21 documents 28:15,17,18; 29:6; 30:6; 31:3; 58:19; 130:20; 146:16: 161:7; 166:3, 5 dog 41:7 HARTOLDMONO014674 JONES.TXT doing 29:9; 33:19; 41:19; 42:2; 43:23; 51:18; 85:21; 87:10; 89:7; 97:15; 106:4, 11; 111:3; 130:8; 141:15 dollar 37:2; 38:13 dollars 38:17; 70:5; 107:10; 143:7; 144:8, -t n *- -% lU|^J done 32:7; 39:5; 46:13; 47:18; 52:3; 54:5,7,12; 55:18,19; 57:12,15; 59:13; 61:8; 63:4,9; 80:19; 86:2, 4,7; 96:16; 101:23; 102:1,5,7,9, 11,12,13; 103:13; 104:10; 105:3; 113:4; 115:23; 117:3; 125:22; 133:19; 159:12; 166:19; 175:18,21,23; 181:11 door 11:7 dosimeters 105:3 Dotted 40:13 down 5:19; 31:16; 15:4; 62:14; 88:13, 16; 95:3,6; 113:9; 114:12; 115:16; 118:7; 121:4; 136:6; 138:23; 145:10,13; 150:3; 156:23; 159:4; 160:12; 163:15; 165:21; 172:7; 174:19 downsizing 81:3 dozen 75:22 drain 62:8 drainage 52:15,22; 53:1,4; 60:1; 62:2; 147:10; 170:16; 171:5; 174:9, 18,21; 180:15 drinking 89:18; 153:2 drive 95:7 driven 73:16 driver 145:10 dropped 98:3 drums 107:16 DSNS 60:2,3 DSX 165:2 due 71:4; 104:8 dug 60:5; 106:6; 107:2; 109:6; 169:4 duly 5:4; 182:3 dump 145:8 during 55:1; 84:10; 85:11; 91:19; 96:15, 23; 97:9; 98 :12 ; 124:11; 140:1; 159:10; 166:18; 175:15; 176:8 dust 97:12,16; ' 166:17 Dyer 26:17 dyes 18:3 E E-5 11:18 each 15:18; 49:1; 105:10 earlier 65:4; 100:20; 123:20; 135:17; 157:17 earliest 164:23 early 30:14; 32:13; 52:2; 58:20; 121:23; 123:4,9; 125:2; 132:21; 166:12; 175:18; 181:16 earth 106:15; 172:4 easier 37:20; 173:12 east 8:7; 53:4; 54:1; 56:5,20; 57:18; 60:9; 66:9; 99:19; 110:15; 168:13; 180:2; 181:5 eastern 53:2; 174:10; 180:23 easternmost 87:7 easy 7:6 eaten 159:16, 19 education 10:16; 13:8; 14:14; 33:22 effect 4:12 effectiveness 89:2 effects 114:1; 153:15; 158:3 effort 70:6; 139:8,11 eight 3:18; 7:12; 22:7; 23:8; 75:23; 152:14,16; 165:2,3 eighteen 7:20; 10:6; 18:7 EIT 13:13 either 25:23; 46:19,20; 79:18; 148:23; 151:21; 162:22; 181:16 elevated 39:12; 103:20 eleven 3:19.5; 110:21; Page 9 161:2,4; 165:3,14; 171:21; 175:10 eliminate 120:8 EMA 49:17 Emelle 59:19; 60:20; 61:20; 69:21; 76:10; 82:5; 107:1, 6,8,22; 108:3,16,17; 109:2,13; 137:11,23; 139:4; 142:13; 143:20; 144:14; 146:3; 176:12 emergencies 48:22 emergency 48:6,13,15; 117:21 emission 78:16; 79:1,3 emissions 42:22; 78:6, 10,11,13 emitting 78:20 employed 8:15 employee 42:14; 69:13; 104:2; 182:15 employees 36:15; 101:9, 12; 102:12; 105:20 employer 8:18 employment 9:16; 17:1; 69:13 eiiipti.eu 62:** enabled 159:23 encapsulating 106:12 end 25:5; 45:15; 53:1; 56:4,19; 58:5,8; 60:23; 61:19; 63:21; 81:5; 84:7; 91:9, 10; 92:1,20; 99:20; 108:15; 109:4,17; HARTOLDMONO014675 JONES.TXT 110:14; 121:3,5,15; 124:1,8,9,14, 23; 125:16; 133:6; 141:14,16; , 163:7; 171:19 enforcing 117:11 engineer 8:16; 19:3; 32:23; 56:15; 73:18, 20; 74:1,7; 112:21; 115:2; 116:15; 118:17; 130:19; 155:2; 176:21 engineering 12:15; 13:3, 8; 17:8; 2 U:18; 32:11; 81:12; 86:23; 87:1; 131:3 engineers 19:18 enlighten 166:1 enough 67:11; 98:2; 140:14; 153:14; 170:22 enrolled 10:20; 12:11 ensure 87:10 entails 31:20 enter 11:10; 147:12 entering 62:10; 117:6 entire 14:1; 48:14; 69:13; 77:6; 82:4; 95:18; 171:19 entitled 47:7 entity 74:14; 75:15 entry 112:14; 118:10 environment 112:14; 113:11,14 environmental 12:8; 13:17; 14:23; 17:18; 19:3,10,12, 18; 20:5; 21:16,19; 22:3,9; 23:11,13; 24:17; 31:18; 32:14,23; 37:12; 39:19, 23; 46:11; 55:23; 56:12, 14; 68:10,13, 20; 69:2; 82:18; 87:17; 112:21; 115:2; 116:15; 117:12; 118:8,16; 123:18; 130:19; 131:17; 155:2; 176:21 environmentally 38:22 EPA 26:1; 75:20,22 epidemiologic al 152:20 episode 123:13 equipment 78:14,21; 103:23; 105:2; 117:8, 18; 119:9; 135:13; 136:1,6,19; 137:5,8; 138:14; 139:7; 140:2, 7; 143:6,20; 145:4,18; 163:12; 164:7,13; * 166:23 equivalent 75:9 eradication 128:23 error 153:19 ES 24:7 escort 51:10 escorting 70:14 ESH 41:4,5,7; 42:6 especially 166:6 Esq 2:4,9.5,13 essence 23:7; 143:10 essentially 130:9; 138:19 establishing 110:5 et 1:3,6.5 Etowah 182:19 evaluating 104:7 even 32:7; 37:21; 57:6; 65:16; 73:6; 83:10; 107:4; 109:16; 129:6; 144:15; 175:15 event 44:5; 48:12; 49:13, 17; 50:9; 67:16 events 30:19; 31:5 eventually 126:9,12 everybody 179:6 everytkd.n9 28:8; 76:1; 79:7; 82:1; 108:1; 123:16; 133:8; 139:2; 167:8 evidence 4:21 exact 60:4; 62:5 exactly 63:14; 166:8 exam 13:11,13 EXAMINATION 5:7 examinations 159:8 examined 5:5 example 15:13; 35:3,15; 39:18; 104:18 examples 39:14 excavated 61:17; 62:10, 18 excavation 62 -.23 except 4:17; 92:14; 139:2; 162:17; 163:5 exception 85:14 Page 10 excerpt 175:17 exchange 132:15 Executed 163:10,23; 164:11,16; 165:16 exhibit 110:20,23; 111:5; 119:11,14; 120:14; 131:9; 134:18,20; 141:21,23; 147:4; 152:15; 155:19; 157:4; 161:3; 167:23; 170:4; 171:17; 172:11,15; 175:9; 176:1 exhibits 3:22, 23 existed 70:11 expansion 20:19 expecting 125:20 expend 37:3 expenditures 38:15 experience 26:6; 116:21; 127:3 expertise 54:16; 55:3, 4; 64:9; 66:20 expires 182:23.5 explain 54:19; 156:11 exposed 40:1; 103:20 exposure 101:7; 103:14,23; 105:2,6,14, 17; 113:11, 18; 158:3 exposures 159:21; 160:2 extended 166:10 extent 25:14; HARTOLDMONO014676 JONES.TXT 30:20; 34:7; 47:20; 150:19; 152:9 eye 128:14 eyes 112:19; 130:22 , F fabric 92:17 face 88:16 facilities 18:8; 81:17; 120:9; 129:1 facility 17:22,23; 19:4,7; 26:7; 31:9; 43:9; 44:9,19,23; 47:6; 48:4,7; 59:2; 74:15; 75:2; 76:5; 93:5; 96:13; 107:5; 111:15; 112:22; 132:18; 134:9; 157:15; 160:17,18; 168:9; 175:22; 176:9,22 fact 27:20; 52:19; 71:20; 116:10; 119:6; 142:12; 148:8; 149:22; 154:22; 155:7; 158:5, 9 factor 78:23 factors 78:16; 79:4 Fahrenheit 44:12 fair 16:2; 19:13; 70:3; 122:22; 140:14; 161:20; 179:21 fairly 149:1 fall 15:20; 75:18 falls 47:16; 101:17 familiar 20:12; 47:8; 73:19,23; 113:19; 148:3; 170:22 familiarity 73:20 family 9:20, 23; 21:3 far 8:7,8; 12:4,7; 23:21; 29:10; 47:11; 82:13; 89:4; 104:15; 106:12; 118:2; 130:6; 170:7; 173:9; 179:10 father 9:9 Faust 41:17; 97:23; 179:3 February 20:22; 21:20; 59:6 federal 47:4; 75:12,20,22; 98:8; 176:8 fee 145:1 feed 156:13 feel 6:5; 37:18; 65:18; 75:4 fees 144:12,13 feet 62:3; 137:1; 171:11,14; 173:3,16 felt 66:10; 172:7,8 few 28:17; *29:6; 31:3; 112:4; 144:15; 171:10 fiber 107:16 field 55:19; 88:15 fifteen 89:15 fifty 31:9; 61:4; 62:3; 69:21; 109:15; 144:23; 146:2; 176:17,23; 177:17 fifty-four 113:15 fifty-one 144:8 figure 37:2; 38:13; 54:22 figured 179:7 file 30:2; 152:20 filed 5:15 files 28:21 filing 4:23 fill 145:14 filled 77:6; 90:23; 145:19 final 11:17; 81:5,9 financial 2:10.5; 24:22; 25:13; 36:12,13 find 117:1; 125:5,20 finding 124:3; 140:12,13; 166:21,22 fine 38:2 finish 6:14; 11:23; 12:3 finished 6:17; 79:8; 80:3 fire 98:13 fired 126:17, 18 first 5:4; 6:12; 17:7; 21:6,8; 23:12; 52:7, 19; 53:22; 54:10; 56:1, 16; 57:20; 58:23; 59:6, 7,21; 62:2; 69:19; 87:13; 88:3,5,8; 107:1; 112:7; 1.22:4; 126:20; 132:13,17; 135:11,16; 136:10; 139:19; 141:18; 158:21; 160:4; 182:3 fiscal 37:8 fish 159:17,19 Fite 1:17; 2:13,13.5; Page 11 66:15 five 3:16.5; 8:1; 18:16; 79:20; 83:19; 99:8; 108:5; 115:15; 129:14; 134:18,21; 158:18; 160:9; 164:6; 165:5,7 flanges 78:14 flare 98:16,18 flares 98:14, 16 flattens 88:13 flow 174:23; 175:15 flows 60:3 fluid 95:9 fluids 95:4 flume 170:15 fluorescent 77:2 focused 34:10 folks 17:13; 24:14; 42:10; 51:5; 55:2; 151:4; 152:6, 11; 157:21 follow-up 35:17; 159:8, 11 follows 5:5 football 88:15 force 4:12 forces 11:11 foregoing 182:9 Foreman 26:21 forested 140:3; 167:11 forget 39:9; 40:11 forgotten 30:4 form 4:18; 36:5; 39:7; 41:9; 46:3; 54:18; 56:8, 23; 63:22; 65:6; 66:12; 67:7; 68:22; 70:4,12; 93 :2,17; 94 :11; 102:18; 113:5; 114:8; 115:6; 116:2; HARTOLDMONO014677 140:10; 145:9,20; 155:4; 158:11; 160:3; 174:20; 177:3 formerly 121:6 Fort 11:4 forth 1:19; 132 :8 forty 14:17; 109:14 forty-five 61:4; 69:20; 146:2 forty-two 113:13 forward 133:13 foul 153:9 found 52:15; 63:6; 67:19; 100:3; 106:15; 133:1; 136:4, 7; 140:5; 147:10,16; 163:11; 181:15 CUIiuS. u Xon 66:14 fountain 90:1 four 3:16; 15:22; 30:8; 49:1; 97:7; 113:23; 131:8*10; 160:9; 173:3; 175:8 four-inch 112:1 fourth 115:8 frame 43:14; 151:12; 159:11; 181:17 Fran 24:16,18 FRANKLIN 2:10 free 6:5; 38:14; 119:2, 6; 120:1 Freeman 24:3,9 Freeport 7:14, 15,17; 18:22; 19:5,21 frequency 50:9,13 front 83:13; 90:15,20 fuel 77:15; 94:14; 95:11 fugitive 78:11; 79:1 full 4:12; 24:15; 74:20; 107:14 full-time 21:22; 22:17; 24:11 fun 28:4; 102:15 function 56:11; 81:12; 114:4 functions 22:3,10; 31:19; 34:3 funds 37:3,6 furnished 117:7 further 155:9; 168:15; 171:12; 182:12 future 136:7 6 Gadsden 1:21.5; 182:19 gain 25:8 Garrett 1:12; 4:5; 182:21.5 Garrity 54:12, 14; 55:15; 141:12; 181:8 gathered 104:15 gathering * 102:22 gave 64:16; 82:22; 99:6 GC 96:4; 105:1 general 48:21; 60:8; 104:11; 167:10 generate 76:5, 18; 77:2 generated 34:22; 76:8; 146:17 generation 32:9; 140:19 generator 76:18 Geologist 157:13 Georgia 11:5 geotextile 92:17; 172:3, 9 gets 9:17; 31:15; 73:3; 145:8 getting 28:16; 29:8; 45:4; 100:11; 142:22; 150:5 give 5:20; 14:4,5,13; 15:18; 35:15; 140:4; 145:23; 146:20 given 32:10; 37:5; 126:22; 182:11 gives 176:18 giving 7:7; 38:18; 39:20 glasses 39:10 gloves 76:7; 107:5; 109:10 goal 119:1,4,5 Godfrey 121:13,19 Golder 172:17; 174:3 got 11:5,12; 13:1; 14:2; 17:1; 23:12; 33:1,7; 61:15; 69:20; 77:17; 78:7, 9; 82:19; 87:4; 88:3; 92:8,9; 106:6; 107:1; 119:7; 127:14; 129:8; 130:3; 132:18; 144:1; 150:3; 151:4; 163:16; 164:23; 166:9; 167:20; 171:15; 172:2; 179:5, 6,17 gotten 14:14; 25:21; 126:9, 17,18; 178:5 government 72:1; 75:8 governmental 74:14; 75:14 grader 105:5 graduate 9:1; 10:17; 12:19 graduated 8:14; 13:9; 14:15 grasses 84:21; 86:3 gravel 107:14 great 71:6 greater 96:18; 99:9; 176:16, 22; 177:17 ground 43:3, 12,18,20; 46:6; 78:3; 85:5; 86:1; 128:2; 133:19, 22; 136:13, 138:19 grounds 4:19 group 17:18; 20:18; 21:17, 19,21; 22:12 ; 23:13; 37:12, 13; 47 16; 50:7; 86:10, 23; 87 1,21; 101:18 108:19 109:21 114:18 122:19 132:5; 141:11 groups 86:5 growing 84:22; 135:19 guess 27:2; 30:3; 32:11; 37:22; 52:1; 59:3,20; 63:10; 88:6, 14; 109:9; 133:21 141:12 178:13 181:18 guessing 38:1; 52:1; 94:21; 161:14 guy 71:4 HARTOLDMONO014678 JONES.TXT H habit 6:21 habits 5:23 half 71:15; 75:22; 173:23 halfway 129:18 Hamilton 28:4; 40:12 hand 120:12; 134:16; 141:19; 147:2; 152:13; 161:1; 182:18 handed 119:17 handing 20:4 handle 70:9; 144:4; 152:2 handled 20:6; 23:21; 60:21; 66:19; 82:12; 83:8; 86:5, 22; 87:20; 101:19; 104:16; 106:8; 109:21; 177:8 handling 20:13; 123:16; 151:1 happen 11:2 happened 13:23; 94:23; 109:20; 110:13; 133:4; 137:7 happening 141:17 happens 32:5 happy 31:16 harness 39:11 hate 37:14 haul 69:20; 139:4; 145:7 hauled 63:2 hazard 80:6; 114:15 hazardous 12:7; 69:3; 77:10; 79:17; 84:16,18; 105:23; 108:7,9; 114:14; 137:13 hazards 117:22 head 5:21; 16:19; 21:16; 23:12; 38:6 heading 87:15 headquarters 15:4,5 health 14:23; 22:9; 23:11, 17,21; 24:1, 16; 33:1; 37:13; 39:18; 46:11; 47:19; 56:1; 74:16; 75:14; 81:19; 82:14; 101:19; 105:20; 110:5; 114:1; 117:12 ; 150:8,12,14; 153:14; 157:12; 158:3,6; 161:12,17; 178:8,10 health-wise 38:22 heard 48:12; 61:11; 89:7; 90:18; 113:20; 124:20 hearing 101:15; 104:6 heaviest 44:4 heavily 140:3; 167:11 heavy 136:15 held 51:1; 63:16; 168:5 help 51:11; * 60:7 herbicides 18:6 hereby 182:1 herein 1:19; 182:5 hereto 3:23 hereunto 182:17 hierarchy 19:9; 40:3 high 10:17,19; 36:2; 79:20; 95:5; 143:13; 153:14 higher 34:8 highest 158:19 highway 161:22; 162:5; 171:6 HILL 1:2.5; 51:1; 56:21; 70:15,18; 71:3,8,13,17; 97:22; 99:4, 6,11,17; 100:4; 149:13; 150:1; 168:11; 169:8; 173:6 hillside 127:17 hire 86:17 hired 17:14; 86:19 historic 90:6; 96:19 historical 46:23; 66:6, 17; 68:5,17; 70:7; 166:3, 5; 177:7 historically 52:11; 64:19; 93:7,16 history 9:16, 17; 17:1; 133:8; 176:3; 177:7 hit 101:5 hits 165:18 hold 9:3 home 9:6,8 hope 42:21 Hopper 24:17; 40:5; 42:11; 86:2 hospital 106:20 hour 7:18; 44:5 hours 8:9,11; 14:17 houses 147:13, 15; 149:9,14, 21 Houston 7:18; 9:9; 10:19 However 153:13 Hughes 150:7, 17; 152:21 hundred 44:11, 16; 107:10; 129:15; Page 13 143:7; 144:18,22; 147:10; 148:16; 156:7,20; 158:18; 160:8; 171:10; 173:3,16 husband's 10:13 hydrogen 95:7; 98:22 hygiene 15:9; 31:18,23; 32:15; 33:20; 34:11,15: 56:11; 82:21; 100:22; 101:6; 103:13; 159:10 hypothetical 66:15 I i.e. 69:2,11; 92:1 idea 44:20; 45:22; 61:6; 67:3; 82:22; 92:21;. 93:3, 15; 100:13, 19; 128:12; 138:1; 143:21; 146:23 identification 3:22.5; 111:7; 119:16; 120:16; 131:11; 134:22; 142:2; 147:6; 152:17; 155:21; 157:6; 161:5; 168:2; 172:13 identified 114:13; 165:5 identify 103:14; 137:6 III 2:9.5,13 III-l 177:21 Illness 21:3 immediate HARTOLDMONO014679 JONES.TXT 9:20,23; 39:20; 105:4 immediately 105:6 imminent 48:20 immunoassay 55:20; 137:19 impacts 74:15 impair 114:3,5 implement 176:6 implemented 174 : 7 implementing 169:2 important 46:2 Improper 66:15 in-house 13:20; 14:8, 10 in-line 40:7 inaccurate 7:4 Inc 1:20.5 Inc. 142:6 inch 173:3,22 inches 173:9, 14 incinerated 76:23 incline 137:18 include 87:18; 174:15 income 25:18, 19 inconsistent 31:4; 61:12; 118:15; 178:15 incorporated 22:16 incorrect 62:15; 153:20 independent 28:9; 30:19; 121:11; 131:19; 135:5; 177:15 indicate 165:7 indicated 26:4; 176:16 indicates 180:18 indicating 47:10; 65:9; 103:12; 165:20 indicator 105:6 individual 19:11; 33:19; 104:5; 177:22 individuals 22:1; 177:23 industrial 15:8; 31:18, 22; 32:14; 33:20; 34:10, 15; 47:5; 56:10; 75:13; 82:20; 100:22; 101:6; 103:13; 135:3; 159:9 infancy 132:5 inferring 150:1 information 35:19; 41:21, 22; 42:1,3; 56:17; 66:4; 102:21; 104:10; 106:1; 115:16; 117:2; 118:8; 122:5; 126:22; 132:19; 133:1; 142:18; 178:5 informational 15:7; 41:18; 104:14 informed 123:1; 153:8 initial 140:12,13,18 initially ,17:2,14; 21:14 initiated 125:9,12 injection 89:8 inside 108:2 inspection 74:20 inspections 75:6; 85:23 instance 49:7; 143:4; 179:12 instances 46:15,16 instruct 39:1 instructed 48:16 integrity 87:11 intention 152:10 interest 24:22 interested 182:16 interesting 80:14 interject 148:10 intermingled 54:3 internal 77:17 International 114:17 interpose 162:2 intervening 22:6 interviewed 59:4 introduced 51:12 introductory 33:18 investigated 150:21 investigating 140:13 investigation 63:5; 122:21; 140:1; 141:6, 9; 174:9,14 investigations 133:12,17,20 invoice 138:8 invoices 144:3 involved 38:10; 50:16, 19; 54:17,21; 81:11; 87:18; 99:1; 105:22; 108:18,23; 110:2,4; 123:2,8; 128:9; 133:23; 141:8; 146:23; 152:23; 174:4 involvement 47:21; 122:23; 169:2 involving 47:6 isn't 71:6; 102:14 isolate 95:16 Page 14 issue 6:10; 20:8,10; 57:7 issues 15:9; 151:6 items 25:15; 28:13 itself 62:11; 133:10; 138:6; 140:8; 168:20; 181:12 J Jackson 7:14, 17 January 131:13 Jerry 24:17; 86:2; 87:2, 15,16; 121:1; 133:2; 177:8; 178:6 Jimmy 74:10 job 17: 7; 20:15; 22:3, 8; 24: 13; 31:10; 32:20; 33:20; 34:1; 46:11; 59:5; 97:4; 104:8; 123:18 jobs 55:7; 59:6 . John 147:7 JONES 1:9.5, 11; 3:8; 4:4; 5:3,10,11; 63:17; 111:4; 119:13,17,18; 120:13; 121:9; 125:7; 127:15; 131:8,17; 134:17; 141:21; 147:3,21;` 152:14; 155:18; 157:3; 161:2; 164:5; 167:22; 168:6,7; 171:20 . judgment 38 :21 July 135:1; 139:16; 142:6; 143:4 June 17:10; HARTOLDMONO014680 JONES.TXT 18:18 jurors 10:9 K Kaley 159:6; 160:13 keeping 45:3 keeps 45:5 Kentucky 2:5.5 kept 123:1; 135:18 killed 129:2 kind 14:20; 18:1; 25:21; 33:23; 43:15; 45:21; 47:3; 53:10; 54:23; 79:16; 103:21; 116:5; 118:8; 124:2; 125:21; 130:21; 135:22; 164:23; 170:6; 175:5 kinds 15:13; 26:2 Kiwanis 46:19, 21 knowledge 6:9; 18:13; 70:16; 100:6,14,17; 115:12; 160:7; 167:19 known 80:10; 94:15 kudzu 128:21, 23; 129:3 L lab 30:11; 45:5; 55:22; 59:14; 76:15, 16; 81:17; 97:3,7 label 80:12; 147:3; 164:13; 165:22 labeled 110:20; 119:11,18; 120:13; 134:17; 155:18; 157:3; 168:7; 172:15 lady 5:18; 6:8 lagoon 90:7 lagoons 90:4, 16 laid 167:12; 170:16 Laidlaw 76:23 lake 7:14,16; 26:14; 159:17 Lamar 24:3 land 72:10; 73:6,10,13; 83:5; 131:15; 132:16; 167:10,12 landfill 45:17; 53:1; 56:4,19; 57:7,11,16, 23; 58:5,9, 11,14,18,21; 60:23; 61:10, 19; 63:8,21; 64:2,19; 65:3; 81:9; 82:9,11; 84:7,11,15; 85:8; 87:19, 23; 88:17; 90:16,19,21; 91:2,10,14, 20; 92:2,3, 13,20; 93:1; 99:20; 108:15,23; 109:5,17; 110:1,14; 121:3,5,15, 22; 122:3; .124:1,7,10, 14,18,23; 125:16,17,21; 126:10,11,14; 127:1,5,6,9, 12; 129:2,4; 130:2; 133:2, 7; 134:10; 139:12; 141:14; 142:13; 143:16,17; . 146:5; 161:23; 162:7,16,19; 166:15,16; 167:9; 170:7, Page 15 12,17; 171:4, 9,19; 173:10; 174:18; 175:8; 180:7, 11,22; 181:5, 12,13 landfilled 127:7 landfilling 80:16,21; 137:11 landfills 45:15; 76:13; 85:13; 91:11, 23; 92:1 lap 33:13 large 4:7; 18:6; 137:2; . 149:1; 172:2 larger 96:21 last 14:19,21; 15:10,21; 30:16; 42:17; 71:14; 75:23; 133:9; 152:23; 153:5; 159:5, 6; 160:12 lastly 118:7; 171:16 late 61:13; 62:18 law 1:16 lawn 84:21; 86:2,6 laws 4:13 lawsuit 5:14; 27:15 lawyer 29:21 lawyers 29:19; 98:1 lay 136:6; 167:10 lay-down 136:5 layer 85:1; 172:7,8 laying 128:1; 136:13; 137:18 lead 41:5 leading 4:18 leak 115:15; 117:6 leakage 112:15; 118:12 leaking 56:18; 58:6,9,18; 144:17 leaks 116:13; 118:1; 144:19 learned 32:20; 105:11; 153:7; 167:2 learning 34:1 lease 145:11, 17 least 25:13; 43:11; 83:4, 22; 84:3; 88:14; 99:13; 127:4; 130:6; 135:17; 137:1; 150:2, 19; 168:10; 173:2 leave 23:3; 43:10; 145:14 leaves 147:11 leaving 57:16; 149:17 led 53:22; 124:3; 126:22 left 5:19; 23:3; 59:10; 90:14; 95:i0; 108:20; 170:7,10 legally 124:16 length 88:15; 136:23less 26:11; 31:10; 32:14; 123:17; 147:16; 155:10; 173:21 letter 131:20; 133:9; 134:23; 140:4,8,21; 142:5; 144:21 letterhead 120:23; 131:13; 135:1; 157:12 level 19 :16,35:21; 36:12, 14; 63:7; 103:20; 104:20; 109:11; 110:5; 116:14; 138:19; 143:11; HARTOLDMONOQ14681 JONES.TXT 154:17; 158:19; 160:8 levels 59:15; 63:1; 159:20 liaison 150:23 Liberty 2:5 lies 168:13 life 37:20; 91:19; 154:22 light 77:2; 122:1 lightening 62:13 LIGHTFOOT 2:10 likely 151:8; 177:13 likes 84:19 limestone 90:13 limited 46:14; 96:2,5 limiting 31:12 limits 113:11, 18 line 6:7; 40:22; 126:21; 160:19; 170:15 liner 92:6; 170:11 liners 84:22; 85:2; 91:22 lines 40:13, 14; 69:4 Lion 16:1 liquid 76:14, 15,21; 112:16 liquids 118:13 listed 80:10; 113:8; 114:16,23; 115:3,7; 1^0:1 listing 113:10,17; 177:23 literally 65:3 literature 114:2 little 8:9; 11:14; 42:18; .82:19; 101:3; 136:20; 161:1; 170:5; 171:12; 173:21,22 live 7:19,23; 8:22 lived 7:10,22; 8:13,23; 71:21; 160:14 lives 10:15; 160:19 living 10:8; 17:5 load 144:18 loading 108:21; 155:16 loads' 145:17 lobby 83:14 local 46:9; 47:7; 98:7 localized 99:11 locate 136:9; 139:21 located 10:22; 61:9; 90:7; 135:20,21; 136:3,11; 140:2,23; 163:6 location 60:8; 92:22; 162:6; 164:10,20 Logan 159:18 long 7:10,19, 23; 18:14; 20:21; 44:15; 75:4; 95:4; 128:12; 137:2; 163:16; 177:5 long-term 105:19 longer 69:16; 95:1 look 27:4; 33:11; 99:16; 113:14; 120:20; 121:14,19; 123:23; 124:14,18; 125:3,17; 127:9,11,12; 128:4; 130:22; 131:6; 134:18; 142:3; 166:2; 168:16; 172:23; 177:6 looked 28:14, 17,23; 30:7, 11; 82:23; 83:2; 88:1,4, 7; 91:4; 96:14; 104:15; 130:9,16 looking 28:19; 67:22; 113:9; 115:15; 125:16; 152:22 looks 102:16; 104:18,19; 133:13; 144:7; 162:4; 171:13; 172:9; 173:13,22 loss 104:6; 115:19 lot 6:22; 19:22; 25:16; 32:9,12; 34:21; 57:1; 83:9; 91:9; 107:15; 132:1,3,10; 133:19; 158:13; 168:23; 179:15; 180:13 loud 49:20 Louis 15:3,9; 33:14; 40:17, 23; 47:23; 96:12; 117:1 Louisiana 43:9 Louisville 2:5.5; 50:7; 124:8 low 154:15,16 lower 170:10; 172:23 lucky 33:12 Luling 43:8 lunch 157:8 M machine 179:16 mad 126:3,7 made 4:17; 18:3,5; 19:22; 24:4; 39:9; 52:13; 59:1; 67:23; Page 16 93:9; 102:10; 104:11,13; 132:23; 151:3; 158:7 magnification 173:2 magnitude 148:12; 155:10 main 28:20; 30:3; 48:11 mainly 125:12 maintain 74:3, 21; 111:14 maintained 69:11 maintaining 85:8; 86:10 maintenance 84:14,20; 85:19,22; 103:17 major 20:19 man 56:1; 129:19 management 16:16; 45:12; 84:6,9; 133:15; 134:2,5,8; 142:6; 176:12 mamager 28:2; 35:12;- 40:9 manifest 138:4,6 manifested 77:10; 108:19; 109:2; 130:3 manifesting 59:19; 144:5 manifests 69:3 manner 133:15 manuf ac ture 18:2 manufactured 60:18; 68:15; 125:1 Manufactures 16:11 manufacturing 8:21; 17:21, 23; 18:7; 19:6; 90:9 many 21:20; 30:6; 31:14; 83:15; 97:5; 158:8; 161:6 HARTOLDMONO014682 JONES.TXT map 99:16; 161:1; 162:20; 171:15; 172:14; 173:7; 174:2; 180:20; 181:2 mapped 180:21 maps 99:7 March. 122:6; 129:7; 147:8; 148:14 mark 110:19; 131:7 marked 3:13.5, 22; 111:6; 119:15; 120:15; 131:10; 134:21; 141:20; 142:1; 147:5; 152:16; 155:20; 157:5; 161:4; 162:14; 168:2; 170:4; 172:12 marking 152:14 marriage 182:13 MARS 1:2.5; 51:1; 56:21; 70:15,18; 71:3,8,13,17; 97:22; 99:4, 6,11,16; 100:4; 149:13; 150:1; 168:11; 169:8; 173:6 Martin 159:18 material 59:9; 80:4; 94:12, 15; 108:21; 110:17; 137:21; 172:5,10 materials 12:7; 67:17; 79:7; 111:16, 18; 142:17; 145:22 matter 143:11; 182:16 matters 15:1; 19:10,12; 39:16 Max 41:2 McCombs 41:2 McIntosh 17:12,20 mean 10:1; 14:1,7; 15:15,16; 27:14; 32:5; 34:8; 35:1; 54:19; 72:23; 74:22; 77:19; 84:8; 99:23; 104:4; 126:8; 131:1; 132:21; 146:11; 149:5; 155:14 means 74:19; 102:19; 114:21; 115:8,10; 160:10; 182:7,8 meant 98:16; 126:2; 127:23; 162:18 measure 96:15; 173:19 measured 79:2 measures 112:7,13 mechanics 103:18 mechanism 33:5; 36:12; 49:10,12; 58:16; 105:18 media 151:8 medical 32:1; 100:23; 101:17 medium 64:18 meet 25:10 meeting 15:15, 16,17,19,21; 16:1; 27:22; 51:7; 52:5; 70:15; 98:8; 121:12; 177:12 meetings 15:20; 51:1, 4,12,22 member 16:9; 23:23; 71:13, 17 membership 16:13,14 memo 29:16; 30:10; 125:11; 126:1; 147:7 memorandum 28:20; 120:22; 152:18 memorandums 30:2; 52:4 memory 30:1; 42:23; 46:18; 59:21; 61:3; 71:6; 106:4 mentioned 16:9; 27:22; 30:15; 33:17; 35:3; 59:4; 82:13; 85:16; 100:20; 107:3 Merrill 1:16; 2:13.5 Merritt 10:12, 14 messed 125:22 met 74:7; 121:22 methodologies 20:13 Michelle 42-.16 Michelle's 42:17 Michigan 10:15 mid 166:12 middle 6:3; 135:11; 159:14; 162:5 might 56:18; 57:21; 58:6; 64:18; 73:6; 126:19,23; 129:5; 140:16; 144:15,16; 160:22; 161:16,18 Mike 41:11; 121:13 military 11:9 mill 8:17; 17:4 Miller 54:13, 14; 55:15; 141:12,13; 181:8 million 63:7; Page 17 r\r\ -- y 2.3 i JU**0 . X / , 18; 149:4; 154:21; 155:13; 176:17,23; 177:18 mind 6:4; 29:4,23; 154:14; 167:15 Minor 35:17 minute 98:20 misconception 179:14 MISSIONARY 1:2.5; 56:22; 70:15,18; 99:4; 100:4; 149:13; 168:12; 169:8; 173:6 mists 112:18 Mobile 7:22, 23; 8:2; 9:12 modest 149:2; 171:9 molecule 100:3,7,11; 116:7 moment 9:16; - r o n -I . 4* *J f ^o momentarily 164:5 - Monday 27:22 money 120:7; 126:5 monies 25:11 monitor 45:1; 97:18,21; 105:16,17; 166:16 monitoring 20:12; 31:23; 32:1; 44:22; 88:22; 97:8, 10,13,16; 100:22,23; 101:7,9; 103:7,13; 105:9; 166:17 monkeys 114:4, 7 Monographs 114:18 MONSANTO 1:6.5; 5:15; 9:13; 13:21; 14:11; 15:4, i HARTOLDMON0014683 JONES.TXT 12; 16:5,6; 21:7; 24:23; 26:18,20; 33:1,3; 34:18; 43:8; ^r<n1 ., n( , Of at - J1U OC |. 68:6; 86:16; 91:12; 93:9, 11; 94:7; 96:13; 100:7; 112:9,10; 120:9; 121:6, 10; 129:6,12; 130:7; 131:12; 133:10; 135:1; 147:17,20; 148:3; 149:17,18,20, 23; 157:14, 18; 158:2,8; 161:10; 169:9,13; 172:19; 176:5; 179:23 Monsanto's 147:12 month 88:9; 107:10 months 7:20; 14:19,22; 17:17; 45:7; 88:5; 130:1 morning 27:23; 22:2 Morrissey 2:4.5 most 20:15; 29:15; 32:19, 21; 68:12; 69:9,17; 86:7; 95:3; 99:13; 101:7; 166:4; 177:13 mother 71:21 mountain 88:12,18; 129:16,18; 130:11; 175:2 mountainside 129:17 mouth 137:17 move 18:23; 21:2; 24:6; 106:16 moved 12:14; 18:17; 24:13 moving 22:20; 58:13; 106:15 mowing 86:2 MS. 43:1; 131:21; 153:1,8 MSDS 111:20 MSDSs 111:15 much 13:19; 14:13; 20:7; 28:4; 32:14; 45:4; 92:19; 94:19; 96:21; 99:12; 116:16; 122:23; 145:2; 146:21; 156:7 multiple 164:21 must 178:5 myself 22:12; 30:2 N naked 128:14 name 5:9,11; 8:19; 10:3, 13; 22:23; 26:15; 41:2; 42:17; 73:7; 119:19; 132:11 names 26:13 National 114:19 native 9:7 natural 174:17 nature 70:8 navigable ,115:19 Navy 9:10 near 57:18; 71:21; 81:2; 87:13; 90:7; 146:19; 168:8 nearby 49:7; 160:14 necessarily 32:6 necessary 4:16; 40:2; 66:10; 120:8 need 25:16; 60:20; 75:5; 103:22; 131:6 needed 67:1; 113:7; 117:9 needless 132:22 negatively 16:19 negotiations 122:11 neighborhood 52:10; 65:17, 21,23; 66:9 neighborhoods 46:10 neighbors 50:20; 52:8 Neil 152:19; 157:12 neutralization 90:10 never 58:7; 75:10; 77:5; 91:1; 95:19; 96:16; 97:18; 125:20; 152:10; 159:3; 174:22; 175:2,14 new 22:20; 60:17; 73:19; 74:7; 94:13; 110:22 newly 22:21 next 11:7; 57:11; 67:15; 88:11,18; 117:5; 131:8; 133:5; 141:4, 19; 155:14; 159:5; 176:14 ni-osh 113:18, 20 night 156:6 nine 3:18.5; 155:18,20; 165:2,3 nineteen 157:14 Nitric 20:1 nods 5:21 noise 105:2 non-detect 57:17 none 80:8; 115:14; 117:14; 160:13 nonhazardous 76:7; 81:7; Page 18 108:10; 109:22; 162:18; 163:3 nor 182:15 normal 44:18; 46:13; 66:12, 23; 69:4,16; 84:14; 101:14 normally 77:9; 95:16; 101:18 north 2:11; 99:20; 168:15 notarial 182:18 Notary 4:6; 182:23 notation 162:4 note 129:5 notes 30:2 nothing 50:14; 65:15; 71:2; 85:12; 154:14; 155:15; 162:11; 164:3; 167:7; 182:4 notice 4:22 noticeable 154:19,20; 155:6 noticed 91:7 notification 49:12; 52:13; 67:23; 122:4; 24G:22 notifications 67:1 notified 49:18; 140:11 notifying 50:19 nowhere 87:13 NPDS 43:15,17 nuisance 154:23 number 1:4.5; 19:13; 36:15; 78:15; 94:22; 109:19; 111:5; 119:14; 120:14.; 131:9; 134:20; 141:23; 147:3,4,23; 149:1,2,21; HARTOLDMONO014684 JONES.TXT 152:14,15; 155:18,19; 157:4; 161:3; 171:17; 172:11; 175:6,10 , numbering 165:11,13 numbers 45:21; 113:15,19,22; 148:2,4,5,13; 165:4; 167:23 numeral 177:21 nuts 97:14 nylon 19:23 O O'clock 48:11 object 31:12; 36:5; 39:7; 41:9; 46:3; 54:18; 56:8, 23; 63:22; 65:6; 66:12; 67:7; 68:22; 70:4,12; 93:2,17; 102:18; 113:5; 114:8; 116:2; 140:10; 145:9,20; 155:4; 158:11; 160:3; 174:20; 177:3 objection 162:3 objections 4:16,19 obligation 65:18 observation 88:23 observations 39:8 observe 105:19 obtain 37:4; 38:16 obtained 54:8 obtuse 26:11 obviously 72:5; 118:20 occasions 71:5 occupied 147:13; 149:9,21 occurred 51:23; 127:2 October 112:3; 120:23; 121:14 odd 153:3 odor 153:9; 154:9,11,15 odors 153:23; 154:23; 155:6 off-site 53:14,21,23; 61:23; 94:8, 9; 96:10 offered 3:13.5,22.5; 4:21; 13:22; 157:20 Office 27:17; 82:7 offices 1:16 often 82:16, 22; 83:2,8 Oil 77:12,13, 14,15; 94:10; 95 :11 Okay 6:10,11, 20; 7:4,5,10; 11:2,8,22; 12:13; 13:4, 15; 14:18; 15:6; 16:8, 17; 17:11,19; 18:14; 19:8, 13; 20:21; 21:6,23; 22:5,13,19; 23:7; 24:22; 26:23; 27:5, 13; 28:23; 30:6,9,23; 31:1,7; 32:3, 10,22; 36:20; 38:7,13; 40:3; 42:6; 43:10,23; 45:14; 46:8; 47:2; 49:3, 23; 51:14; 53:5,14; 54:10; 55:8, 13; 56:13; 58:1,10; . 62:13; 63:13; 64:7; 65:12; 67:11; 71:19; 72:7; 75:13, 20; 77:1; 79:9,16; 82:4,13; 84:13; 86:11; 88:19; 91:22; 98:14,23; 102:14; 104:20; 108:11; 110:4; 112:12; 113:9; 117:3; 120:4; 126:21; 129:11; 131:7; 134:1; 135:9; 136:1; 137:4,7; 138:9; 140:15; 141:4,19; 142:8; 144:6; 146:10; 150:2,19; 152:13; 157:2; 164:21; 169:7; 170:3; 172:14; 173:17; 174:1; 175:17; 178:7 Old 89:12; 91:4; 129:6; 133:14; 134:1; 135:13; 136:1,5; 164:6,13; 166:22 older 92:1,2; 166:7 on-site 53:14, 19; 61:23; 77:23; 80:16 Once 46:17; 77:4; 83:4, 20,22; 84:1, 3; 122:14; 126:21; 175:10 one 3:14.5; 6:1; 7:6; 10:10; 15:13, 18,22; 21:22; 23:6; 24:7; 28:20; 29:14; 35:15; 40:1, 21; 41:5; Page 19 42:14; 52: 3; 57:15; 59: 6; 60:2,3 ' 63:23; 69: 19; 70:21; 72: 6; 79:18; 80: 5; 85:15; 93: 20; 96:21; 97: 7; 98:1,4 99:10; 104:20 107:23 110:23 111:1,4,6, 11; 118:4; 127 : 9, 18; 129:19 9 130:21 131:4,8,16 t 137:17 140:18 141:21 147:14 16; 149:10 151:21 154:21 155:13 159:23 160:14 161:7,16; 164:20, 165:19, 166:9; 172:22, 173:13 176:2; 177:21, 179:11, 13, 18 one-time 145:12 ones 30:9 ongoing 65:10; 66:7; 67:12; 83:7; 85:18, 22; 107:7; 122:11; 179:1 only 10:10; 17:16; 20:16; 21:11; 43:12; 55:15; 72:6; 74:11; 75:11; 76:15; 80:12, 21; 81:10; 90:3,18; 94:5,15; 98:12; 128:22; 137:5; 151:18; HARTOLDMON0014685 JONES.TXT 154:7; 160:14; 167:14 Opelika 8:20 open 98:10,12 operated 120:9 operation 26:10; 80:21; 155:16 operations 26:7; 27:6; 60:6; 70:9; 123:19 operator 142:12 opinions 6:9 opportunity 23:6 opposed 5:21; 28:10; 36:21; 66:7; 145:5; 180:22 oral 5:20 order 148:11; 171:10 orders 38:18; 155:10 organic 18:3; 95:4 organization 24:8; 34:9; 36:2; 47:19; 74:12; 87:16 organizations 16:8,17 original 165 :6 OSHA 74:17,18, 20,22; 75:9, 12,19; 114:15 other 3:22; 9:20; 13:22; 14: 11; 16 :17; 21: 22; 23 : 6; 30: 9; 42: 14; 53 : 10; 57 : 22 ; 67: 17,20, 22; 70: 17; 80 :5; 85: 12; 91 :11; 92: 22; 94 :2; 96: 13; 97 : 17; 100 :7; 109:4; 110 :12, 114 :6; 116:5; 121 : 17 127 : 10 142 : 21 151 : 12 157 : 23 166:17 others 144:15 ought 125:6; 127 : 3 out 11: 5,12 f 14: 2; 17:1 i 27: 23; 29: 4, 22; 30 : 4 ; 37: 15; 38: 9; 39: 22; 48: 19; 51: 4; 54:22; 56: 19; 60: 5, 13; 61 :2; 62: 14; 73 : 20; 76: 8,16,22 t 77: 10; 86: 17, 19; 88 :13; 90: 15; 93: 9, 11; 95 :9,13; 98: 21; 105 :9; 106 : 5, 20; 117 :1; 118 = 3; 121 : 19 ,21, 22; 125 : 5 ; 130 4, 15; 132:2, 3, 10; 133:1; 138 : 15 ,17, 21; 146 : 5, 6; 151 : 22 157 : 19 161 : 16 173 : 2 ; 177 : 18 / 179 : 7 ; 180 : 21 out- house 13:21 outfall 60:2, 3; 90:15; 126:14; 139:13; 165:11 outfalls 175:9 outlined 174:3 outreach 50:16 outside 14:14; 38:11,12; 54:23; 55:22; 110:1 over 8:9; 11:14; 14:5; 16:4; 23:8; 24:13; 25:4; 44:11,16; 53:1; 54:2, 22; 57:11,18; 60:6,9,15,18; 71:21; 87:17; 90:7; 92:10, 13; 93:23; 95:10; 97:21; 98:18; 109:8; 110:13; 123:16; 124:3; 126:17,18; 128:17; 129:3,16; 133:6; 140:16; 146:19; 152:1,10; 163:22; 173:22 overextended 95:5 overgrown 136:18 overran 101:4 oversaw 100:21 oversee 32:3; 101:16; 123:6 overseeing 31:22 oversight 82:14,17 own 28:9; 49:2; 113:2; 129:12; 130:22 owned 54:2; 129:14 owner 25:1 owners 54:9 Oxford 7:8,11; 46:21 P P-e 41:12 P-i-e-r-l-e 41:13 p-nitropheno1 153:10,11,17 P-u-g-h 42:20 p.m 181:22 page 3:1.5,8; 31:15; 112:6; 113:10,12,14, 23; 115:15; 127:14; 144:22; 161:15 paid 31:15 Pam 10:4 paper 82:8 paperwork Page 20 35:6; 73:2 para-nitrochl- oralbenzene 80:2; 154:2, 10 para-nitrophe> nol 77:22; 153:21; 154:3,5 paragraph 115:17; in. j. 121 2 132:14; ' 133:9; 135:11; 141:4; 152:23; 153:5; 159:5, 15 parameters 67:22; 127:10 parathion 90:9; 93:23; 94:4 part 7:16 ; 8:6; 22:2; 32:21; 41:6; 45:10; 60:1, 12; 63:5,6; 64:5; 75:2, 15,18; 81:3, 9; 93:12; 97:11;. 100:15; 101:12,13; 102:3; 106:2, 15; 108:12; 148:22; 152:4; 154:21; 155:13; 1 ; 11 ; 166:4;" 167:16; 170:11; 178:22 particles 139:6 particular 6:10; 20:3; 26:2; 29:3, 16; 45:10; 50:12; 51:7; 57:15; 72:8; 121:10; 143:4; 144:16; 165:23 HARTOLDMONO014686 JONES.TXT particularly 123:12 particulars 121:17 parties 4:3; 182:14 parts 99:8; ' 139:22; 148:17,18; 149:3; 158:18; 160:9; 176:17,23; 177:17 party 13:23; 100:9 past 30:20; 65:14,19; 67:6; 90:6; 96:19; 133:11,16; 174:19 patch 103:7 patches 101:10 patterns 180:16 pausing 6:18 pay 107:9; 144:7,13 paying 107:7; 143:22; 144:6 PCB 50:20; 52:9; 59:11, 15,21; 63:1; 65:20; 66:8; 70:8; 92:19, 23; 97:20; 100:3; 101:8; 102:4; 103:2; 104:9; 109:11; 111:20; 114:3; 116:5, 7,16; 119:2, 6,8; 120:1; 124:1; 128:3, 9; 137:20; 143:5,12,13, 20; 158:3; 159:19; 160:8; 165:18; 176:3 PCBs 18:11; 20:7; 56:3, 18; 57:6,19; 58:6,9,12,15, 21; 59:1; 60:17,22; 63:7,20; 64:1,18; 65:2,17; 66:22; 67:8, 10,18,21; 68:14; 99:4, 19,21; 100:15,18; 113:4; 114:11,13,16; 115:6,13; 116:1,4,11; 117:23; 118:11,13; 120:8; 122:2; 124:17,20; 125:1; 126:23; 127:7,9; 136:9; 139:18,23; 140:5; 147:9, 15; 157:9; 166:21; 176:17,23; 180:1,18; 181:3 PE 13:11; 25:23 pen 163:18; 164:18 people 6:2; 9:4; 19:15; 21:21; 22:11, 13,18; 30:16; 36:2; 49:5; 50:12; 51:16, 17,18; 73:12; 75:12; 83:15, 19; 105:8; 106:7; , 118:19; 126:2; 128:8; 151:5; 179:15 per 63:6; 83:23; 84:1, 4; 99:9; 139:23; 144:23; 148:17,18; 149:3; 154:21; 155:13; 158:19; 160:9; 176:17,23; 177:17 perceive 168:10 percent 113:13,16 performance 25:6,13,15 performed 35:19; 133:12 perhaps 96 :18; 127:3; 156:7 perimeter 55:11 period 20:17; 55:1 periods 175:15 permission 99:7 permit 20:20; 30:10; 31:20; 35:3,4,9; 43:4; 72:16; 73:15,18,20; 74:1; 96:7; 140:19; 141:1,3; 155:12 permits 35:7,8 permitted 35:22 permitting 20:6,14; 28:22; 43:1b; 64:6 person 21:22; 24:12; 34:2, 20; 35:5; 41:4,10; 46:12; 63:18; 73:1,5,9; 150:3,20,22; 158:7; 159:10 person's 22:23 personal 23:3; 100:5; 113:3; 115:12; 117:7,17 personally 99:18; 151:15,17 personnel 11:21; 34:9; 66:20; 97:1; 117:5,20; 118:4 personnel-wise 23:22 persons 97:5 pertinent 167:7 Page 21 pH 148:15 Phenix 10:22, 23; 17:6 Phil 124:11; 125:15 Phillip 135:2 phone 72:21; 140:16; 147:23 photo 91:5 photograph 168:8,19; 169:16; 170:8,14; 171:18; 172:1 photographs 28:14; 120:17,18; 167:21; 175:6 phrase 40:11 physical 32:6; 101:14; 102:3; 108:21 physically 86:13; 87:23; 104:19; 150:23 physicals 32:2,8; 101:1,11,13, 14; 102:1; 103:4; 104:1 physician 104:2 pick 72:20; 145:11,19 picked 33:2; 58:14 pieces 136:22 Pierle 41:11 pipe 179:4 pipes 137:17 piping 136:20, 22; 137:1 place 19:17; 21:8,11; 22:19,22; 27:1; 34:2; 43:20; 48:15; 49:10; 50:1; 56:9; 63:3; 80:22; 100:18; 101:17; 105:19; 109:4; 117:13; 118:3; HARTOLDMON0014687 JONES.TXT 122:13; 123:5; 124:23; 158:1; 168:15; 175:3; 177:5, 14 placed 100:1, 16; 137:10; 156:2 Plaintiffs 1:4,15; 2:2.5 Plaintiffs' 3:13.5; 110:20,23; 111:1,5; 119:11,14; 120:14; 131:9; 134:20; 141:20,23; 147:4; 152:15; 155:19; 157:4; 161:3; 167:23; 172:11 : , ;plan 105:9; 122 20 21 176 : 7 planned 84:5; 147:19 planning 49 : 12 ; 123:3 plant 18 :7 ,8; 24 9-7 / 27: 20, 23 ; 28:2; 31 : 19 ; 35 : 12 ; 36 : 23 ; 38 : 19 ; 39 :l; 40: 3,9; 43 :5, 13; 44 :2; 45: 18; 47 : 11 ; 48 :13, 14 ,23 ; 49 :6, 7, 15, 18; 50 :2, 3,22 / 55 : 6; 56: 1,5, 15 ,21 ; 59 :10; 60 : 17 ; 66 : 9; 68 :2, 7,11 ,15; 77 : 22 ; 78 :1, 5; 79 :5; 81 3 ; 83 : 10; 88 = 6; 89: 11, 13 ,16 ,19; 90 : 14 ; 91 :5, 19 ; 94:16 r 96 : 21 ; 97 :19, 20; 98:11; 99:19; 102:8; 103:15; 104:3; 108:20; 110:15; 111:17; 116:16; 118:17,23; 119:4,6; 123:19; 128:8; 129:22; 130:17; 133:3,5; 147:21; 153:23; 154:23; 155:8; 158:7; 159:10; 161:22; 163:15; 168:20; 173:20; 177:7; 179:10; 180:2 plants 23:6; 80:5 plastics 19:23 please 7:2; 40:20; 110:19; 113:23; 123:21; 142:4; 164:9 plus 54:6; 135:13 PNCB 79:6 PNCP 80:1 PNP 79:5; 80:11,12; ,93:22 point 12:13; 66:5; 103:16; 122:9; 123:22; 126:12; 131:5; 147:11; 164:22; 166:9; 169:12,15,16, 18; 181:16 pointing 163:9 poison 80:13 policy 69:8; 76:11 polishing 90:14 polychlorinat ed 116:12 polyphenyl 98:18; 156:14 polyphenyls 79:6 ponds 90:4,17 Poole 147:8 poor 30:1; 46:19 poorly 9:4 populace 104:12 Porch 1:16; 2:13.5 portion 180:10 position 21:14; 22:20, 21; 74:9; 161:21 positions 39:12; 167:13 positive 137:20 possibility 159:7 possible 158:5 possibly 151:18; 171:13 post 91:17 post-closure 84:18 postdated 53:11 postgraduate 13:4 posting 84:20 potential 10:8; 67:12; 76:11; 100:6; 109:11; 124:20; 136:7 potentially 82:7; 127:6 POTW 78:2,7 pounds 79:21; 156:8,20,21 Power 121:13; 122:6; 128:20; 129:9; 133:3 Power's 121:21 ppb 147:10,16 pre 134:8,11, 12; 162:20 pre-engineer!- Page 22 ng 12:12 precautionary 112:7,12 precise 58:1; 101:3 predated 53:10,13; 87:16 predecessor 119:20 prefer 39:22 preparation 27:9 preparations 27:7 preparatory 172:3 prepare 47:17 oreoared "47:23; 48:1, 2; 142:17; 172:17 preparing 131:20 presence 182:6 present 7:7; 27:5; 31:7; 32:7; 34:l3, 17; 67:20; 78:6; 99:22; 111:16; 150:18; 180:2,18,19, 21,23 presently 24:14; 64:20; 76:6; 78:20; 80:17 prestune 6:16; 12:13; 20:7; 27:14; 32:4; 73:3; 139:15 pretty 16:3; 144:20 prevent 112:14; 118:10 prevented 115:21 previous 26:5; 65:22; 105:11 previously 26:12; 33:17; 110:20; 119:10; 141:20 price 143:19 prides 133:10 HARTOLDMONO014688 JONES.TXT primarily 20:6; 41:18; 51:10; 74:17; 86:1; 98:20 primary 20:15 principal n r -* r\ *: j.o prior 4:21; 23:20; 58:4; 62:10; 122:15; 175:4 private 54:7 privately-own ed 54:3 privilege 29:11 probably 9:9; 73:13,16,21; 74:10; 153:18,22; 173:21; 181:14 problem 52:9; 118:18 problems 103:14; 105:14; 114:11; 154:11 procedures 117:21 proceeded 176:6 process 6:1; 54:17,20; 55:11,12; 6 4:S; 34:1; 109:3; 122:1; 126:16; 155:9; 160:19; 169:3; 172:2 processor 77:14 produced 81:14; 91:19 product 20:1, 2; 29:10; 80:3; 94:13; 105:15; 116:11 production 76:9; 82:2; 89:5,12; 91:17; 94:3, 4; 128:4,10; 160:18 products 79:8; 94:11; 96:5; 111:18; 179:11,14,19 professional 1:13; 16:22; 38:21; 182:22.5 profile 142:16; 144:23 profiled 137:10,14 profiles 108:3 program 25:8; 26:1; 51:3; 105:17; 114:19; 128:23; 151:23; 174:7 project 131:3; 146:18; 155:7 Projects 121:3 prolonged 112:17,19 promotional 23:5 properties 79:17,18; 180:4; 181:1 property 51:3; 54: 2,4, 5,7,9; 56: 5,20 i 70: 23; 99:5, 11, 12,14,17; 100 :18; 110 : 15 ; 121 : 20 ; 122 : 13 , 14,16, 17; 124 : 16, 22; 129 = 7,9, 12; 130 : 10 ; 132 : 14 ; 147 : 12, 18; 149 :17, 18,20, 23; 151 : 23 ; 169 : 10, 13; 171 :8; 173 -.11, 20; 174 : 1,6 ,11,12 proposed 141:6 protected 117:21 protection 110:6 protective 117:8,18 provide 105:23 provided 16:5; 66:3; 142:18 provides 149:8 providing 41:21,22; 42:1,6 Prudential 51:5,19; 70:14; 152:1, 6 Public 4:6; 150:12,14; 157:12; 178:10; 182:23 Pugh 42:20 Pugh's 43:1 pull 37:15 pulled 57:17; 138:14; 161:7; 181:3 pump 43:20; 45:16; 78:3; 88:20; 89:2 pumps 78:14; 103:18 puncturing 84:22 punished 110:11 purchase 51:3; 70:23; 151:23; 174:7,12 pure 115:6; 116:4 purports 168:9 purpose 75:3 purposes 82:17; 98:5; 104:14; 141:22 pursuant 1:18 pursuing 159:7 put 15:11; 24:5,7; 37:17; 60:14; 85:13; 86:11; 92:14; 107:20,23; 109:9; 130:13; 138:21,22,23; 163:8; 164:8; 167:16; 169:21; 172:7; 178:9 Page 23 Q quadrant 48:22; 49:1 quadrants 49.-1 qualified 116:19 qualify 33:6 quality 98:7 quantities 145:21; 153:10; 154:4 quantity 61:1; 76: 17, 19; 77: 16; 79 : 19 ; 109 : 16 i 156 : 16 ,19 question 6 :12, 22; 14 : 6 ; 29: 20; 34 : 23 ; 36: 8; 56: 13; 57: 2; 72 : 15, 17; 73 : 15 ,16; 74: 4,9 i 103 :1; 111 : 10 112 : 22 132 : 14 144 : 10 ; 152:8 questioning 71:9 questions 4:17,18; 5:13; 12:1,2; 26:8,10; 25:6; 72:13; 177:8,11 quick 11:9 quickly 27:6 Quintard 1:17 quite 9:10; 60:21; 68:16; 161:6 quote 127:16; 142:23 R radio 49:23; 50:9 radios 50:3 railroad 153:12; 154:6,8 rain 44:5; 45:4; 175:16 rainfall 44:2, HARTOLDMON0014689 JONES.TXT 22; 45:1 rainwater 90:20 ran 90:22; 174:10 . range 37:18,19 rank 11:17 rather 72:19; 174:2 ratio 14:3,7, 9; 146:21 raw 79:7; 80:4; 94:12; 111:18 RCRA 15:2,23; 83:6; 88:22; 92:5,15; 134:3,4,8,9, 10,11,12; 135:18,22 re 121:3 reach 159:23 read 105:7; 114:22; 116:10; 120:4; 121:4 reading 4:10; 30:22; 140:5; 156:3; 176:2 readout 105:4 ready 28:16; 142:22 real 73:19; 76:15; 79:22; 141:18; 174:4 realize 32:22; 53:22; 167:5, 11 really 18:5; 81:10; 87:20; 97:13; 99:15; 106:10; 120:18,20; 121:16; 126:7; 129:14; 131:5 realm 22:4; 47:16 reapplication 35 : 7 reason 21:2; 30:3; 46:6; 63:19; 64:17, 21; 65:16; 96:17; 109:7; 112:22; 113:1; 117:15; 126:6; 130:7; 149:16 reasons 23:3; 35:21 recall 14:22; 15:10; 28:18, 23; 39:20; 52:18; 61:5; 101:1; 127:20; 135:19; 136:2; 138:10; 142:8; 146:7; 148:2,5; 150:5,10; 151:13; 153:16; 154:11; 178:13; 181:7 recalled 29:15 receive 25:4; 42:4; 80:4 received 14:10; 65:8; 94:10 receiving 16:4; 142:8 recent 73:18 recently 15:7; 28:11; 86:7; 96:14; 104:5; 147:9 reclaimer 77:3 recollection 28:10; 30:19; 31:4; 121:12; 131:20; 135:5; 159:1; 165:17; 177:16 record 26:16; 28:21; 29:5; 52:4; 63:16; 68:12; 125:11; 134:14; 138:2,4,5; 164:1; 168:5 recording 45:19 records 68:5, 8,10,13,17, 20; 69:2,9, 11,17; 70:7 recovered 98:21 reduce 103:23; 105:15 reduced 182:6 redundant 178:7 reenters 147:17 refer 13:20; 39:16 reference 70:22; 133:17; 142:14; 176:4 referenced 164:6 references 176:19 referred 39:15 reflect 138:6; 156:1 reflected 175:5 refresher 15:2,23 regarding 52:4; 139:17; 155:23 regimen 117:12 Region 41:5 Regional 1:20.5 registered 1:13; 77:13; 182:22.5 regs 77:14 regular 71:23; 72:3,12,14, 22; 139:2 regulated 35:11 regulations 35:11; 46:4 regulators 72:1 regulatory 36:19; 45:11; 55:4; 64:8; 69:1,10,14 relabel 119:13 related 104:7, 8 relating 4:14 relationship 41:14,19 relative 26:6; 161:21 relatively 171:9 relatives 9:18 Page 24 release 48:4; 49:8,14,18; 50:10; 63:20; 65:10,19; 66:7,17; 67:5,12; 78:7; 153:16; 155:23; 156:3; 176:3 released 56:3; 153:11; 154:5; 156:9 releases 65:1, 13; 154:12 relocation 151:22; 152:5 rely 34:6 remaining 176:18 remediate 145:15 remediated 169:14,20 remediation 38:9; 42:8; 43:19; 55:2; 59:13; 83:6, 9; 86:9; 97:11,14; 106:2,21; 109:1,3,8,21; 110:7; 117:13; 122:19; 123:10,15; 132:4; 141:11; 144:4; 146:18; 151:4; 166:18; 167:17; 168:14; 169:3,23; 172:20; 174:5; 176:9; 178:22,23 remember 8:19; 15:22; 22:23; 26:8,9,23; 28:20; 30:9, 12,21; 39:11; 40:1; 44:15; 51:14,17,22; 52:17; 61:1; 70:1,21; 71:1; 106:3; 121:16; HARTOLDMONO014690 JONES.TXT 123:13; 125:9; 132:11; 136:21,23; 137:2,7,22; 139:5; 151:20; 177:14; 178:12; 179:12 reminded 28:1 removal 176:7, 16 removed 58:16; 59:9; 93:13; 137:8; 164:7; 177:2 removing 135:12 renew 105:10 rent 145:11 rental 107:10 repair 118:1 repeated 71:5 repeatedly 103:17 rephrase 56:13 report 32:9; 40:5,8; 45:6, 13; 47:17,20; 65:11,15,18; 66:2,11; 67:12; 72:17; 114:20; 115:3 reportable 156:16,19 reported 19:11; 46:5; 63:18,23; 65:4; 79:19; 148:13; 159:18 reporter 1:13, 14; 110:19; 119:12; 182:22,22.5 Reporter's 3:4 reporting 1:20.5; 22:10; 24:7; 33:22; 35:17, 18; 40:17; 43:4,12; 47:14; 67:3,9 reports 35:2; 114:3 representation 161:21 represented 121:9; 173:7 reprocess 94:13; 95:8 reproduction 114:3 reproductive 114:6,10 request 81:6; 122:5 require 35:13 required 64:5; 69:1,10,12, 14; 72:2; 84:15; 132:16 requirement 36:11,19; 46:4 requirements 34:1; 40:17; 47:14; 67:4, 9; 84:18; 96:7,22 requires 36:16; 131:1 research 17:15; 114:17 reseeded 139:1 reseeding 135:14; 138:9,11; 164:8 reside 7:13, 21; 9:18 residence 9:17 residential 147:13; 180:4 residents 54:9; 151:7, 12,19; 152:3 residual ,58:15; 63:1 resources 34:12,13; 120:7 respect 39:3; 71:4; 74:15; 113:4; 116:1 respective 4:3; 40:6 response 51:21 responses 5:20 responsibilit ies 11:19; 22:17; 24:1; 31:8; 33:8; 34:19; 41:16; 55:6; 100:21 responsibility 23:10; 31:17; 36:22; 40:6, 8,16; 75:16 res trueturing 24:6 resulted 65:20; 66:8; 67:5 results 30:11; 56:6; 140:17 retained 69:12,16 retaining 145:6 retention 68:12,23; 69:1,4,17; 168:13; 169:5; 171:2 review 31:3; 47:19; 68:4; 70:7; 123:6 reviewed 68:8 reviewing 28:13; 68:18 rework 95:16, 20 RFA 175:17,19, 21; 177:5 rid 95:21 rig 145:10 road 7:8,11; 97:23 roadway 135:21 ROBERT 1:9.5, 11; 3:8; 4:4; 5:3,10; 121:9; 125:7; 131:17; 147:21 Roberts 70:21; 71:13 Robertson 131:14,21 role 43:1; 46:8,13; 47:11; 51:8; 117:11; 122:8 roll-off 107:11,14,15; 109:8; 137:10 roll-offs 107:12; 108:4; 143:23; 145:2; 146:7 rolled 51:3 Page 25 rolling 151:22; 165:1 Rollins 76:22 Roman 177:21 room 81:16,20, 22 Rotary 46:20, 21 roughly 30:6; 174:6 round 139:19 routine 103:6 routinely 68:19; 74:13 RPR 4:5 rules 4:13 run 78:21; 94:19; 155:3; 171:5 running 58:11; 155:1; 179:4 runoff 164:19; 171:1,3 Russ 10:14 S S-e-a-l-e 8:5 S-O-C-M-I 78:17 safe 25:17 safely 70:2; 112:20. safety 12:8; 15:1,8; 22:9; 23:10,16,21; 24:1,16; 31:19,21; 32:15; 33:2, 20; 34:11,15; 37:12; 39:10, 16,18; 46:11; 47:18; 55:23; 56:10; 74:16; 82:14,20; 101:19; 110:6,17; 117:12; 158:6 safety-wise 38:23 sake 150:6 salary 25:5 Salers 1:12; 4:5; 182:21.5 sales 36:13,15 same 4:12; 22:5; 78:4; 133:15; HARTOLDMON0014691 JONES.TXT 138:13; 141:17; 146:16 sample 56:6; 57:15,17; 67:16,18; 180:17 sampled 53:6; 55:14; 137:16,19; 164:19 samples 54:11; 55:16,21; 105:16; 181:3 sampling 53:8, 9,10,11,12, 13,16,20; 54:4,6,12; 57:10,12,14; 63:4; 67:16, 18; 85:6; 123:4,9; 124:17; 126:11; 136:10; 139:11,20; 140:18; 141:16; 148:7; 166:14; 176:15 sanctioned 110:10 SARA 47:14 sat 165:21 saw 31:2; 91:1; 123:11, 13; 130:3 saying 6:19; 23:14; 29:21; 65:7; 66:3; 68:19,23; 84:2; 116:11; 125:6,7; 162:18; 179:8 says 47:4; 104:19; 112:10,12; 114:2,13,22; 115:17; 117:5,20; 127:15; 132:13; 139:10; 141:4; 142:16; 147:9,20; 149:9; 151:7; 154:3 ; 158:18, 159:6; 160:12 scale 165:9; 172:22 scheduled 25:5; 41:20; 72:23 school 8:15; 10:18,19; 12:17; 14:2 science 13:2 scope 70:10 scraping 139:8 scrubbed 98:21 seal 182:18 Seale 8 3,4,6, 13,22; 17:3,5 second 6:21; 24:11; 121:8; 144:22 secondly 87:14 section 19:14; 114:12 176:2 secure 76:13 security 84:19 sediment 176:6,11,15; 177:1 sediments 148:15 See 38:20; 39:2; 74:22; 97:22; 103:16 105:12 113:17 128:17 134:2; 139:22 144:6,19; ,159:14, 168:20 173:6; 175:5; 180:17 seeing 103:19; 105:13 123:14 127:20 136:9 seem 156:1 seems 172:6 seen 58 :3,7, 19; 62 : 21; 91:9; 99:7, 10; 111:8,10; 136:14 ' 146:15 r 158:21 ,23; 159:3; 160:5; 174:22; 175:3,14,21; 180:15,20; 181:2 segments 62:5 select 157:19 semiannual 45:12 seminar/meeti - ng 15:11 seminars 13:16; 14:20 send 76:12; 77:3; 107:18; 108:2; 137:22; 142:23; 143:22; 144:1,14; 145:10 sending 131:21; 143:2 senior 19:3,18 sense 24:23; 157:18; 162:8 sent 35:2; 48:19; 55:22; 61:2,20; 76:21; 78:1; 104:23; 146:12 sentence 101:5; 159:6; 160:12; 176:14 separate 39:18; 140:20 September 11:12; 152:18; 153:17; 154:12 sequence 58:4 serious 36:1 seriousness 36:10 served 11:15 service 1:20.5; 103:19 Services 86:6, 8. sessions 14:21 set 1:19; 51:11; 97:18, 21; 98:2,4; 119:1; 152:2; Page 26 155:2; 166:14; 174:8; 182:17 setting 101:20; 123:8 seven 3:17.5; 11:14; 119:11; 141:20; 147:3,5,13; 149:9; 165:2, 3,13; 173:15 geventv-f 143:1,14 several 19:18; 73:12; 145:16; 147:14; 159:18; 176:18 severe 48:19 severed 179:5 severity 36:18 sewer 115:19 shakes 16:19 shall 4:16 shared 158:10 sharing 25:8 sheet 110:18 sheets 37:15 Shelter 26:17 shield 39:10 Ship 60.: 20; 76:10; 96:10, 12; 107:13; 143:19 shipment 59:8, 18 shipped 108:17; 109:12,23; 146:1; 176:10 shipping 60~:21;~ 109:14; 144:5 Shoot 98:17 Short 20:17; 178:18 Shorthand 1:13; 182:22 shortly 52:13; 146:3 shouldn't 127:11 show 83:20,22, 23; 99:7; 105:5; 110:17; HARTOLDMON0014692 JONES.TXT 119:10; 127:8; 132:2, 155:17; 6; 138:20; 157:2; 151:1; 167:7 164:17; single 116:7 172:14 sir 5:9; 13:7 showed 29:6; siren 48:3,5, 57:19; 60:23; 6,17,18; 65:8; 137:20; 49:4,21 159:20; 175:9 sirens 49:15, showing 20 104:20; Sit 45:20; 169:4; 170:13 160:6; 175:4 shown 64:23; site 18:8; 161:19 45:18; 48:14; Shows 84:2,3; 59:10,22; 99:3; 105:3; 74:3,18,20; 168:17; 86:20; 88:20; 170:6; 181:2 93:14; 94:6; shut 117:23 106:6; 121:2, side 39:9; 18; 122:21; 53:2,4; 54:1; 124:4,5; 57:18; 60:9; 145:16; 3 8:11; 12 9:5, 163:15 15; 170:17; sitting 68:18 174:22 situation sight 137:6 39:19; sign 35:1,5, 108:15; 12,13,15,22; 122:10; 36:3 150:4,12 signal 48:18, situations 20,21; 49:2,3 144:17 signals 48:22 Six 3:17; signature 45:7; 139:22; 4:10; 35:10; 141:21; 142:1 36:11,16; Size 136:23; 132:4 139:3 signatures sketch 10:16 35:14 skin 112:19 signed 132:12 sky 62:14 significance Slight 137:18 115:1 slightly significant , 147:15 34:7 sling 125:14 signing 130:19 slopes 88:16 signs 34:20; small 76:17, 84:20; 102:16 ' 19; 77:16; simple 14:18; 81:21; 94:2; 102:20 135:12; simpler 179:23 138:16; simply 58:17; 147:12; 76:10; 127:7; 153:10; 154:4 177:10 smaller 81:1 sl^cs 133 14:1,15; ' . smart 129:19 smell 155:14 21:12; 34:18; smelled 153:9 44:6; 52:12; smelling 153:3 80:14,22; Snow 61:17; 81:7; 124:13; 62:4,7,8,11; 141:7 Societies 16:20 Society 47:1 SOCMI 78:15, 16,23; 79:4 soil 53:7,9, 11,13,16,20; 54:6; 63:1; 143:5; 176:11 solely 56:12 solid 45:12; 133:14; 134:1,5,7 solids 118:13 Solutia 5:15; 15:4,12; 24:23; 25:19; 31:8; 41:3,8 Solutia's 27:15; 47:12 solvents 76:16 somebody 46:1; 50:9; 74:8; 75:21; 86:12; 116:23; 122:18; 126:20; 180:20 somebody's 22:19,22 somehow 102:15; 104:16; 110:10 someone 27:16; 28:11; 47:23; 62:22; 64:23; 86:14; 102:15; 132:19 something 7:3; 18:4,11; 28:10; 38:20; 39:22; 42:2; 48:5; 50:6; 79:2,21; 83:11; 84:4; 99:1; 100:1; 102:16; 106:6,15,17; 108:13; 111:9; 112:8; 130:14; 137:13; 142:9; 157:7, 20; 179:5 sometime Page 27 18:17; 52:2; 88:5; 122:7, 17; 181:17 sometimes 39:17; 50:1 somewhat 168:11 somewhere 37:19; 61:7; 138:3; 146:19; 180:6 soon 52:16; 64:11 sorry 51:20; 93:19; 98:15; 101:4; 107:21; 142:10 sort 11:19; 12:5; 13:7; 16:8,10; 17:19; 19:4, 20; 2 b:XU; 33:5; 41:14; 48:8; 49:23; 50:16; 72:17; 76:4; 78:18, 19; 94:2,3; 122:21 sound 7:1 sounding 49:19 sounds 7:4; 61:12; 131:23; 135:7 source 25:18; 57:8,9,21; 89:18; 99:18, 21; 100:6 sources 89:10; 117:23 SOUth 7:18; 8:10; 45:14, 17; 56:4,19; 57:7,10,16, 22; 58:5,8; 61:9,19; 63:8,21; 64:2; 84:7, 11; 90:16,19; 91:10; 92:3, 19; 99:20; 110:14; ^ f- r OX2.** . X , J , t U t 9,18; 125:17, 21; 126:9,14; 127:4,12; 161:23; 162:7,16; HARTOLDMON0014693 JONES.TXT 170:12; 171:19; 174:18; 180:7,11; 181:4 speaker 49:20 speaking 51:14,18 spec 11:18; 95:14,15 special 108:7; 121:2 species 114:6 specific 26:10,15; 33:11; 113:21; 136:20; 148:5 specifically 14:11; 152:22; 171:20 specifics 150:15 speculate 158:13 sped 126:15 speed 33:15 spell 8:4; 24:20 spelled 78:16; 79:12 spend 33:14; 38:11; 120:7 spending 36:22 spent 126:5 sphere 23:17 Spill 115:15; 117:6 spill/leak 115:18 Spills 112:15; 116:13; 118:1,12; 154:12 spoke 70:20 spoken 46:22; 75: 21; 151:19; 152:7 spraying 129:2 spring 10:19; 122:7,12 Springs 6:4 St 33:13; 40:22; 116:23 St. 15:3,9; 40:17; 47:23; 82:11; 96:12 staff 23:23; 27:22 stage 172:1 stand 29:4,22 standard 114:15; 144:20 standards 179:18 standing 128:16 stands 30:3 star 74:18,21 Start 7:6; 116:14,18; 122:20; 124:16; 126:10 started 11:6; 54:5; 59:5, 17; 81:4; 82:20; 128:23; 132:6; 141:15 starting 123:15; 181:4 State 1:1; 5:1; 7:16; 8:6; 10:23; 58:17; 75:8; 76:2; 176:7 stated 125:11; 160:13; 177:12 statement 50:13; 70:3; 179:21 statements 117:16 States 92:23; 121:8; 133:10 ^stationed 11:4 Status 19:8; 74:21; 105:20; 119:2; 120:1 Statute 47:4, 9,13 steel 128:3 stenography 182:7 Steve 73:17,21 stick 124:9; 179:16 sticker 110:22 Still 22:5,13; 37:21; 43:5; 63:3; 94:17; 128:8; 138:7; 139:16; 176:16,22 STIPULATED 4:2,9,15,22 stipulations 1:19; 3:3 stock 25:1; 156:13 stockpiled 59:14; 61:7, 19; 88:9; 146:4 stopped 82:10 storage 93:4, 12,20 store 81:16 Stored 93:19 storm 28:22; 29:16; 30:10, 13,14; 53:12, 17,18; 57:10, 16,19; 58:13; 63:7; 64:1,6; 65:2; 67:13, 15; 90:21; 123:23; 136:10; 139:11,17,19, 23; 140:6,19; 141:1,2; 164:19; 165:6; 166:21; 175:7; 181:15 straight 40:14 streams 76.-4; 77:11,18; 108:4; 115:20 Street 1:21; 2:5,11 stretches 44:12,16 striking 178:14 stripped 138:20; 139:2; 170:2 structure 85:15; 173:12,20 structures 109:20 studied 12:12 studies 158:16; 161:17; 178:8 studying 12:10 Page 28 Stuff 13:22; 19:23; 33:16; 61:22; 69:21; 73:3; 95:13, 20; 109:10; 124:3; 137:23; 158:8; 164:23; 179:6 Stumps 138:18 subject 119:23; 124:12 submit 45:6 submitted 35:6; 81:6; 140:21 submitting 72:16 subsided 127:18,21,23 substance 127:19,21; 128:13 gubshanrss 106:2 substantial 16:3; 82:15; 174:23; 175:14 Sue 131:14 suffice 84:12 sufficiently 36:1 suggest 56:17; 140:9; 146:16; 149:16 suggested 58:2,3,8; 65:1,13; 66:5; 125:14; 127:8; 159:6 suggesting 66:2 suggestion 39:21 suitable 95:2 Suite 1:17; 2:4.5 suits 109:9 summary 114:2 summer 44:13 supervising 43:2 supervisor 42:12; 97:3, 7; 131:18 HARTOLDMONO014694 JONES.TXT supoort 34:7; 42_: 6 supported 87:1 supposed 31:11; 171:5 surface 43:17; 180:18,19,22 surprise 75:6; 166:22,23; 167:4 surrounded 169:12 surrounding 46:10; 49:13 suspect 63:19; 64:17; 65:16 swap 132:22; 133:8 switch 33:21 SWMU 134:11 SWMUs 134:7 sworn 5:4; 182:3 synopsis 177:22 system 43:19 systematic 158:1 systems 45:16; 78:4; 115:19 T table 177:20 talked 30:16; 135:17; 151:9,10; 163:12; 179:4 talks 135:11; 149:17,22; 159:4,15 tankers 153:13; 154:7,8 tanks 93:5,12, 21; 94:2,3 tar 127:22; 128:1 tar-like 127:19,20; 128:13 taste 153:3 taught 15:3; 16:1 taxes 144:8,19 technical 12:5 technician 101:20 technicians 97:4 Technology 16:1 techs 97:7 telephone 156:1 tells 49:21; 179:17 temperature 44:8,22; 45:1; 95:6 temporarily 61:18 ten 3:19; 89:15; 105:13; 137:1; 156:21,23; 157:3,5; 165:2,3 tendency 6:2 tenure 80:19; 84:7,10; 85:11,13; 93:10; 94:7; 96:16; 97:9; 167:2 term 134:3; 167:3 terms 14:7; 17: 20; 32 :8; 34: 23; 35 :1; 38: 18; 41 :21; 42: 3; 72 : 20; 77: 11; 78 : 6 ; 81: 14; 82 : 18 ; 98: 8; 105 : 20; 116 : 13 t 146 : 21 ; 151:2 terrible 42:23 #test 137:20 ' tested 48:10; 52:22; 79:2; 157:14 testified 5:5; 66:21 testify 148:10; 149:5 testifying 56:16 testimony 6:8; 123:20; 179:22; 182:5,11 testing 52:14; 102:11; 103:3; 126:4; 127:4; 147:19; 157:9; 158:1; 178:22; 181:7,10,12 testings 103:6 tests 35:18; 101:13,15 Texas 7:15; 9:13; 18:21 textile 8:17; 17:4 theory 136:4 there's 162.-11 therefore 5:20; 20:11; 95:1 thereto 4:21 therminol 94:11; 95:3 therminols 101:11 thing 81:10; 90:18; 126:1; 130:21; 145:12; 146:16; 154:7; 167:14 things 13:17; 17: 19; 19: 20; 35: 23 : 39: 13; 53: 3; 59:7 / 69: 2,3 ,13, 19; 76: 8; 77:7 ,8; 78: 18, 19; 84: 19; 86: 17; 96: 5; 103 : ii; 105 :7; 107 : 5 ; 109 : 10 110 : 12 111 :18 113 : 8 ; 122 :l; 132 :1, 3; 162 : 14 i 167 : 13 thinks 46:1 third 13:23; 100:9 Thirteen 3:20.5; 172:12,15 thirty-six 161:15 thorough 75:7 thousand 38:17; 79:21; 147:16; 148:18; Page 29 171.14; 176:10; 177:1 threat 48:20 threaten 87:11 three 3:15.5; 26:20; 30:8; 43:11; 63:11; 68:13,21; 69:5,9,15,17; 72:13; 74:19; 82:15; 83:16, 18; 88:5; 107:9; 108:5; 113:14; 120:13,15; 127:15; 130:1; 136:22; 147:9; 148:16; 167:20; 177:21 three-fourths 173:14 three-ring 111:23 three-story 80:23 three-year 74:23 threshold 154:15 throughout 34:14 throwing 33:12 Thursday 72:20 tighten 155:9 title 19:2; 23:7 titles 47:15 to-scale 171:15 TOC 96:9 today 5:13; 27:7,9; 28:3, 6,8,16; 30:18; 32:20; 45:20; 56:16; 71:5; 94:17; 118:3 ; 143:19; 144:2; 157:17; 160:6,17; 165:21; 167:6; 175:4 toe 170:6; 173 : 9 I BM HARTOLDMONO014695 JONES.TXT together 83:17; 108:1; 178 : 9 ton 116:8; 143:7,15,19; 144 : 8 tons 176:10; 177:1 took 22 :22; 27:1; 55:15; 59:7; 100:10; 122:13; 123:5; 124:23; 130:6; 157:21; 163:14; 177:5 top 38:5; 41:10; 85:1; 112:6,11; 113:14; 119:20; 129:4; 130:11; 136:13 topsoil 138:22 tornado 48:21 totally 22:15; 38:12; 87:20; 109:22 towards 171:7 toxic 79:17; 80:6; 106:1 Toxicology 114:19 track 45:3,5 traded 132:15 trailer 89:23; 145:16; 152:1 trained 34:10; 117:20; 118:5 training 12:6; 13:20; 14:10, 12,20; 15:16, 21,23; 16:3; 26:2; 33:10, 11; 69:11; 89:23; 98:13; 127:2 transcribed 182:8 transcript 182:10 transcription 182:9 transcripts 28:15 transfer 122:12; 124:22 transferred 122:15,16; 153:12; 154:6 transferring 122:18 transition 55:1 translate 173:15 transmits 73:2 transport 58:16; 86:13 transportation 81:19; 145:1 trash 76:7; 82:5,7,8 traveled 9:10 treat 43:21; 45:16; 77:18; 78:3,4; 88:21; 89:2 treated 77:23; 108:6 treatment 77:22; 78:1, 5,8; 90:8,11; 96:6; 132:17 Tree 86:8 trees 84:22; 135:12,16,19, 20; 136:8,17; 138:16; 139:3 trial 4:20 triangle 164:9 tributaries 141:7 tried 120:20; 165:22 trip 107:18, 19; 121:10; '145:2 truck 145:7,18 truckloads 61:4; 69:21; 109:15; 146:2 trucks 146:6, 9,11 true 182:9 truly 94:22 truth 182:4 truthfully 60:21; 68:16 try 58:1; 105:19; 117:1; 120:8; 139:21; 146:13 trying 54:21; 62:15; 125:5; 136:8; 149:6; 178 : 7 tubes 105:5 Tuesday 28:1; 48:10 tune 50:12 turn 40:7 turned 64:12 twelve 3:20; 14:19,22; 167:22; 168:1,7; 170:4; 171:17; 175:6 twenty 38:17; 60:18; 68:16; 77:7 twenty-five 156:8 twenty-four 44:5 twenty-some-o- dd 128:10 two 3:15; 8:9, 11; 19:14; 22:1,11; 24:14; 34:3; 39:14; 44:15; 48:10; 55:18; 63:10; 70:5; 84:15; 86:16; 87:5; 90:12; 94:1; 107:11; 108:3; 110:21; 111:23; 112:6; 114:18; 119:11,13,15, 18; 127:15; 131:4; 136:21;. 143:7,14; 144:1,18; 163:15; 178:11 two-page 119:18 Tylenol 80:15 type 13:17; 15:1,8,17; 31:21; 32:1; 33:16,18; 41:18; 48:18; 55:14; 72:19, Page 30 22; 73:16; 85:8; 90:1, 10; 105:17; 107:23; 113:7; 117:1; 139:8; 145:12 types 55:18; 104:22; 110:12 typically 35:5; 83:15; 145:4 typo 148:21 typographical 153:19 U uncomfortable 37:23 uncovered 122:2 under 24:5,15; 75:18; 77:14; 91:23; 92:6; 99:14; 112:6, 12; 114:14; 115:15; 118:7; 131:13; 132:4,10; 142:6; 144:12 ; 157:10 underbrush 136:16; 138:15 underground 93:4,11,18,20 undergrowth 135:13; 170:1 understand 5:18; 14:6; 29:13; 34:23; 36:7; 43:14; 62:9; 66:1; 89:14; 96:17; 107:21,22; 116:4,6; 123:20; 126:23; 128:15,19; 157:16; 174:4 understanding 32:18; 51:8; 61:13; 62:16; 113:3; 115:23; HARTOLDMONO014696 JONES.TXT 118:16; 160:7; 178:4, 16 understood 146:14; 166:9 undeveloped 130:12; 135:22 unemployed 8:14 unexpected 167:5 unit 45:12; 121:2,18; 133:15; 134:2 United 92:23 units 76:9; 134:5,8 unknown 179:16 unless 69:9; 75:1; 145:12; 162:19; 179:11,13,18 unloading r* C r . a. u unoccupied 147:15 until 20:22; 57:13,14; 60:22; 71:14; 122:12; 125:1; 129:7; 151:4 unused 130:12 unusual 153:16; 154:11 up 11:8; 21:16; 27:4; 33:2,13,15; 34:8; 49:16; 51:11; 58:14; 60:23; 61:9; 72:7,21; 73:10; 77:6; 81:8; 83:20, 22,23; 84:2, 3; 86:3,12, 13,14; 87:15, 17,22; 88:1, 3,7,9,11,17, 22; 91:3; 93:21; 95:12, 14,19; 97:18, 21; 99:2,4, 17; 101:20; 106:6; 107:2; 108:14; 109:6; 110:21; 117:23; 123:8; 125:23; 126:13,16; 128:16; 129:15,18; 130:2,11; 136:7; 139:20; 140:2; 143:23; 144:1; 145:11,16,19; 146:4; 152:2; 155:2,9; 157:21; 161:19; 163:2; 166:14,23; 167:2,17; 169:5; 170:13,23 upkeep 84:14 upper 163:7 using 137:19; 167:4; 172:19 USTS 93:16; 94:5 utilize 34:12 utilized 110:6 utilizing 17:8 V vacancy 23:4 vaguely 121:16 Valley 7:8,11; 10:21; 11:3,6 valve 137:2 yalves 78:14 vaporization 112:16; 118:12 vapors 112:18 variety 25:15 vary 107:18 vehicles 108:20; 146:12 vents 131:4 versus 1:5; 13:21; 14:11; 26:17,19 via 67:13 vicinity 50:21; 56:21; 97:19; 149:14; 160:20 vis-a-vis 41:17 visible 127:19; 128:13,16,17 visit 121:16 visited 82:16 visits 74:23; 83:5 volunteers 157:18 VP 35:14 -- W waiting 158:14 waived 4:11,23 walk 129:16 walk- through 85:23; 129:11 walked 60:19; o7 : a2 ; 129:18,21 walking 38:19 Walnut 1:21 wanted 102:12; 104:13; 112:3; 121:18; 139:9 wash 139:1 waste 16:15; 45:12; 69:3; 76:4,19,21; 77:10,11,18, 19,21,23; 78:4; 84:16, 19; 90:8,11; 94:8,9; 96:6; 108:3,7; 109:19; 132:17; 133:14; 134:2,5,7; 142:5,17; 144:13,21,23; 146:17; 162:19; 163:3; 176:12; 178:1 wastes 76:14, 15; 91:17 water 28:22; 29:16; 30:10, 13,14; 43:3, 12,17,18,20; Page 31 46:6; 53:12, 17,18; 57:10, 16,20; 58:11, 13; 63:7; 64:1,6; 65:2; 67:13,15; 72:10; 74:6, 7; 77:19,21, 23; 78:3,4; 85:5; 86:1; 89:10,15,18, 21,22; 90:11, 22; 96:6; 123:23; 132:17; 133:19,22; 135:3; 136:10; 139:12,18,20, 23; 140:6,19; 141:1,2; 149:1; 153:2; 164:19; 165:6; lob -.4 4.; 171:1,3; 174:23; 175:1,7; 181:15 waters 90:14 waterways 115:20 way 23:14; 35:3; 44:21; 83:1; 85:4; 130:13; 155:1; 181:5 wear 39:11 wearing 101:9 weather 44:17; 48:19 Wednesday 28:1 week 41:20; 75:3 weight 107:12 weight-based 107:9 wells 88.-19, 22; 89:1,3 west 2:5; 52:23; 60:23; 91:9; 92:1; 108:15; 109:4,17; 1 Oi . r 1r Jb a> f V | W f 124:14,22; 125:16; 126:11; HART OLDMONO014697 JONES.TXT 127:1; 133:6; 141:14,16; 174:21 western 166:7; 171:21 Westinghouse 51:19 whatever 57:8; 70:10; 72:9; 90:23; 105:1; 115:8; 134:10; 179:8 whatsoever 115:14; 117:14 When'S 15:10 WHEREOF 182:17 whether 135:5; 151:10; 159:16 WHITE 2:10 whoever 39:1; 87:10 whole 122:9; 182:10 wide 25:9 wife 10:1; 21:4 wife's 10:3; 21:3 will 31:15; 60:7; 62:13; 84:11; 95:6, 7; 110:21,22; 111:1; 119:12; 120:13; 121:4; 134:17; 139:11; 141:21; 147:3; 148:10; 155:17; 157:3; 158:22; 164:21; 165:8; 167:21; 173:1,12 WILLIAM 2:9.5 Wilson 26:19 wind 44:23; 45:2 winds 44:18 within 21:3; 22:3,10; 24:7; 36:13; 37:19; 39:1; 47:5,16; 49:5; 63:10; 68:6,9; 71:14; 88:5, 8; 101:18; 108:19; 110:9; 111:16; 118:19; 122:18; 128:22; 130:1; 155:11; 158:2; 166:15 without 29:21; 176:7 witness 3:8; 4:11; 16:19; 31:13; 158:14; 163:10,23; 164:11,12,16; 165:12,16; 182:1,11,17 witnesses 182:7 wondering 71:10; 83:1; 176:20 Wood 7:8,11 Woods 10:19 word 39:21; 54:20 wording 166:21 words 31:10, 14; 85:12; 142:21 work 11:20; 13:5; 17:14, 17; 18:14; 20:8; 22:14; ' 24:15; 29:10; 38:9; 39:12; 59:13; 74:18; 86:1,22; 102:2; 103:18; 104:7,8,9; 151:1; 159:12; 168:14; 172:20; 175:5; 177:6 worked 7:15; 14:9; 16:5; 21:8,11; 43:3; 90:23; 151:3; 160:17 worker 39:22; 160:14 workers 48:16; 102:7,9; 117:13; 157:9,15,17; 158:2; 159:16,18; 160:13 working 8:12, 16; 9:12,13; 17:3,5; 20:17; 41:15; 59:5,17; 86:8; 106:21; 110:7; 132:6; 141:13; 155:8 works 173:2 worry 116:18 worth 145:17 write 163:21; 165:10 writing 131:23; 135:8; 140:15; 182:6 written 29:17; 118:19 wrote 125:11; 132:11 X Xeroxes 120:18 y y'all 17:19; 18:1; 19:20; 48:3; 87:2; 88:19; 95:23; 97:1,10; 156:13 year 12:21; 14:15; 15:21; 25:6; 37:9; 47:20; 57:11; 71:14; 77:4; 83:4,20,23; 84:1,4; 94:20; 105:10,12; 108:5; 181:10 yearly 15:17, 19 years 7:12; 8:1; 11:14; Page 32 14:5; 15:22; 16:4; 18:16; 22:7; 23:8; 27:2; 43:11; 60:19; 63:10, 11; 68:13,16, 21; 69:5,9, 15,18; 74:19; 75:23; 82:16; 89:15; 105:13; 128:10,21; 158:8 yesterday 29:2; 30:22 Young 74:2 yourself 32:6; 136:14 _/ 1:8 182:21 - - - | HARTOLDMONO014698