Document kX9DDOQaVRkGzGoQn4o7LkXE

Depo of: WILLIAM PAPAGEORGE Monsanto v Aetna January 14, 1993 CR: 54035.0 Page 178 to Page 347 ACE-FEDERAL REPORTERS, INC. 202-347-3700 CONDENSED TRANSCRIPT & CONCORDANCE PREPARED BY: ACE-FEDERAL REPORTERS, INC. 1120 G STREET, NW SUITE 500 WASHINGTON, DC 20005 Phone: 202-347-3700 FAX: 202-737-3638 WATER PCB-SD0000063676 BSA Depo of: WILLIAM PAPAGEORGE Monsanto v Aetna January 14. 1993 CR: 54035.0 XMAX(l) Page 178 [1] IN THE SUPERIOR COURT OF THE STATE OF DELAWARE [2] IN AND FOR NEW CASTLE COUNTY [31 [-1] MONSANTO COMPANY. ) [51 ) [6] Plaintiff. ) [71 ) [X] vs. ) C.A. No. 88 CJA-118-1 -CV m) [10] AETNA CASUALTY & SURETY 1 [11] COMPANY, et al. ) [12] ) [13] Defendants. ) [14] [15] VOLUME n [16] [17] Continuation of the deposition of WILLIAM [IS] B. PAPAGEORGE, taken on behalf of Defendants, at the Adams [19] Mark Hotel, in the City of St. Louis, State of Missouri, [20] recommencing at 9:30 a.m. on the 14th day of January, 1993, [21] before J. Bryan Jordan, certified shorthand reporter and [22] notaty public. Page 179 [1] APPEARANCES: [2] [3] FOR THE PLAINTIFF MONSANTO COMPANY AND THE WITNESS: [4] Mr. Steven Sarfatti [5] Schwalb. Donnenfeld, Bray & Silbert [6] A Professional Corporation [7] Suite 300 [8] 1025 Thomas Jefferson Street. N.W. [9] Washington, D.C. 20006 [10] (202) 965-7910 [11] [12] FOR THE DEFENDANT LIBERTY MUTUAL INSURANCE CO. [13] Mr. Mark J. Manta [14] Manta & Welge [15] One Commerce Square, 37th Floor [16] Philadelphia. Pennsylvania 19103 [17] (215) 851-6600 [18] FAX (215) 851-6644 [19] [20] [21] [22] Page 180 [1] FOR THE DEFENDANT INTERNATIONAL (EIL) [2] Mr. James A. Hughes [3] Orrick. Herrington, & Sutcliffe [4] Old Federal Reserve Bank Building. [5] 400 Sansome Street [6] San Francisco. California 94111 [7] (415) 773-5529 [8] FAX (415) 772-5759 [9] [10] FOR THE DEFENDANT TRAVELERS INSURANCE COMPANY: [11] Mr. BaMerick D. Johnson [12] Wilev, Rein & Fielding . [13] 1776 K Street. N.W. [14] Washington. D.C. 20006 [15] t202) 828-3163 ' [16] FAX (202) 429-7049 [17] [18] [191 [20] [21] [22] Page 181 [1] FOR THE DEFENDANT NORTH STAR REINSURANCE CORPORATION: [2] Mr. Robert M. Omrod [3] Skadden. Arps, Meagher & Flom [4] P. O. Box 636 [5] One Rodney Square [6] Wilmington, Delaware 19899 [7] .302) 651-3000 P] im ! [io] i HU [12] [13] [14] [15] i [16] ! [17] [18] [19] [20] [21] [22]______________________________________ Page 182 [1] INDEX " [2] PAGE [3] EXAMINATION BY MR. MANTA (Cont'd): 183 [4] [5] [6] EXHIBITS m [8] Papageorge Deposition Exhibit 14 203 P] Papageorge Deposition Exhibit 15 206 [10] Papageorge Deposition Exhibit 16 210 [XI] Papageorge Deposition Exhibit 17 216 [12] Papageorge Deposition Exhibit 18 233 [13] Papageorge Deposition Exhibit 19 239 [14] Papageorge Deposition Exhibit 20 266 [15] Papageorge Deposition Exhibit 21 282 [16] Papageorge Deposition Exhibit 22 295 [17] Papageorge Deposition Exhibit 23 311 [18] Papageorge Deposition Exhibit 24 323 [19] Papageorge Deposition Exhibit 25 331 [20] Papageorge Deposition Exhibit 26 343 [21] [22]_________________________________ ____ Page 183 [1] JANUARY 14, 1993 [2] MR. MANTA: Before we get started today, I'd like [3] to offer to Mr. Sarfatti standing objections on the grounds [4] of hypothetical questions, foundation, and vagueness. I [5] think continuing repeated objections in that regard are a [6] violation of the case management order and order of the [7] Special Discovery Master. [8] In any event [9] MR. SARFATTI: Okay, I, you know, I - it's our [10] position that we have a right to interpose objections to [11] questions that are not properly framed and that we have the [12] right to explain the basis so that if the matter becomes an [13] issue, the Court will fully understand the purpose for which [14] we have interposed an objection. Why don't we proceed on [15] the basis of your proposal, that we'll have standing [16] objections as to lack of foundation, hypothetical, and what [IT] was the [18] MR. MANTA: Vagueness. [19] MR. SARFATTI: Vaeueness, and if that turns out [20] to be workable, we can proceed on that basis. [21] MR. MANTA: Okay.* 1 11 [22]________ MR. SARFATTI: I will enter into that arrangement Page 184 [1] with you so long as it's binding on all defendants, and if [2] you have the authority to make that statement, then I think [3] we can proceed that way, but if you can't bind all [4] defendants so that we're not in daneer of some defendant who [5] is not represented here saying that there was not an [6] [7] [8] [9] [10] [11] | [12] [13] [14] | [15] [16] [17] [18] [19] objection interposed to a question, then I don't think we can proceed that way. MR. MANTA: Well. I, of course, 1 can't bind all defendants. You know, I can bind Liberty Mutual, but we are a single defendant, and it just - MR. HUGHES: Furthermore, Steve, when it hopelully becomes my turn to ask some questions, I'd prefer under certain circumstances to hear some of our objections, in case they actually are well founded, and I can correct the problem with the question. MR. SARFATTI: Okay. All right, why don't we proceed on (he basis that I'll go ahead and interpose the objections. MR. MANTA: Well. okay. Well, let me ask you, ACE-FEDERAL REPORTERS, INC. 202-347-3700 Page 178 to Page 184 WATER PCB-SD0000063677 BSA Depo of: WILLIAM PAPAGEORGE Monsanto v Aetna January 14, 1993 CR: 54035.0 XMAX(2) [201 then, what is the basis for objecting on the grounds of [211 hypothetical? [22]________MR. SARFAl I I: If you are trying to elicit_____________ Page 185 [1] evidence in this case based on the witness's knowledge to [2] ask a hypothetical question that calls for the expression of [3] an opinion, where facts incorporated into your hypothetical [4] are not evidence, that's objectionable. [51 MR. MANTA: Are you aware that the Special [6] Discovery Master has ruled, and I believe the judge - [7] MR. HUGHES: Mark, maybe you and Steve should [X] have this conversation not in front of the witness - P] MR. MANTA: Okay. [10] MR. HUGHES: - because it's almost accomplishing [11] what you don't want to accomplish. [12] MR. MANTA: That's a good idea. [13] THE WITNESS: Should I leave? [14] MR. HUGHES: No. [15] MR. MANTA: Just for - [16] MR. HUGHES: Well, however you guys want to do [17] it. You two can step out. [18] MR. SARFATTI: Why don't you go off the record [19] and I'll go out in the hall withMr.Manta. [20] MR. MANTA: Okay. [21] (Whereupon, all counsel present left the [22] deposition room. Upon their return, the_______________________ Page 186 [1] deposition continued as follows.) [2] MR. MANTA: Mr. Sarfatti, we had a discussion off [3] the record. The standing objections - we'll give you a [4] standing objection to any hypothetical question. Is that [5] acceptable? [6] MR. SARFATTI: Very weU. [7] MR. OMROD: As long as it's understood that we're [8] granting that in the context of the discovery rulings in [9] this case where we believe that the Special Master and judge [10] originally have ruled on the issue of the appropriateness of [11] asking hypothetical. [12] MR. SARFATTI: That's understood. [13] BY MR. MANTA: [14] Q. Mr. Papageorge, did you discuss, have any [15] discussions with your counsel following yesterday's [16] deposition ? [17] A. Discussions on what? [18] Q. Did you have any discussions? [19] A. Any discussions? Oh, certainly. [20] Q. Did you discuss the substance of your testimony [21] at all? [22] A, No, sir,____________________________________________ Page 187 [1] Q. Did you discuss what was going to lutppen at the [2] deposition today? [3] A. No, sir. [4] Q. Yesterday, I had asked you some questions about [5] gromtdwater reviews and presentations. Do you recall that? [6] A. I do. [7] Q. You recall the testimony, l take it? [8] A. I think I do, yes. [9] Q. For the groundwater reviews or presentations that [10] occurred between '77 and '83, can you tell me if you were [11] present at any of dtose presentations? [12] A. I recall being present at some of them. I don't [13] know how many I was able to attend, [14] Q. Can you tell me vduu years you werepresetu? [15] A. Oh, no, I can't. It's inthat period of time [16] tliat you mentioned, but I - [17] Q. Can you tell me specifically what happened at any [18] of the presentations? [19] A. Of course, all I recall is the subject, of [20] course, was addressed. There were many individuals [21] involved. Some of those individuals made prepared [22] statements, others commented from around the table. 1 don't Page 188 [1] at this moment recall any specific subject. I don't know [2] what else to add to this. The subject, of course, Was [3] groundwater. [4] Q. Would it be fair to say tiun you don 7 recall any [5] of die specifics of a Texas City groundwater presentation? [6] A. That's true. [7] Q. And would it be fair to say that if l was asking 8] you questions back in and around die time dun die [9] groundwater presentations took place, dun you would likely [10] be able to provide answers to die questions diat I just [11] asked? [12] A. Likely, yes. [13] Q. It is because of the passage of time, die fact [14] dial '77 dirough '83 is almost or over ten years ago, dun [15] you are unable to provide specifics to the questions I've [16] asked regarding die gromidwater presentations ? [17] A. That is true. [18] Q. Following your retirement from Monsanto, what did [19] you do? [20] MR. SARFATTI: In what respect are you asking [21] that question? [22] BY MR. MANTA: Page 189 [1] Q. Did you do any consulting or did you do any work? [2] A. Oh, let's see. Following retirement, shortly, [3] about several months after retirement, I entered into an [4] agreement with a law firm to assist this law firm in [5] situations involving the PCB environmental issue. [6] Q. Was this lawfirm acting on behalf of Monsanto? [7] A. In some of their litigation, yes. [8] Q. Were you retained by this lawfirm as an expert m witness or an expert to assist diem in litigation on behalf [10] of Monsanto? [11] A. I don't know the definition of "expert*11 1in2 t3he4se5 6 7 1 11 [12] kinds of situations. 1 just saw myself as a source of [13] experience relating to PCBs, and the representatives of the [14] law firm felt that I could provide some information that [15] they needed. [16] Q. Monsanto, though, was the client diat diis was [17] dial this representation, diat your information was sought [18] for? [19] A. Yes. [20] Q. And how long did diat relationship with that law [21] firm contitme? [22] A. It continues to this day. Page 190 [1] Q. Okay. Presently, you are retained on behalf of [2] die lawfirm to assist diem hi providing information to [3] defend cases on behalf of Monsanto? Is that correct? [4] A.That is correct. [5] Q. Could you tell me die name of the law firm? [6] A. Smith, Helms, Mullis & Moore, Greensboro, North [7] Carolina. [8] Q. And are you paid on an hourly basis? [9] A. I'm on a retainer. [10] Q. Can you tell me what dieretainer is? [11] A. $8,500 a month. [12] Q. And diat is likely to continue into the fimtre? [13] A. 1 have no way of knowing that. There's still [14] activity. I don't know when it's going to terminate. [15] Q. Do you receive a pension from Monsanto? [16] A.I do. [17] Q- Do you own stock ui Monsanto? [18] A.I do. [19] Q. Do you do any odier work aside from die retainer [20] widi die, widi die lawfirm you mentioned? [21] A.No. [22] Q. That'syour source of income at die present time, Page 191 [1] in addition to your pension? [2] A. Well, 1 have other income from investments, and [3] so on. Do you want to exclude those? Yes. [4] Q. Excludingdivestment income. [5] A. Yes. [6] Q. Mr. Papageorge, if, ui 1978, you wanted to find [7] out some historical uifomiation on Texas City waste [8] disposal, waste disposal practices or sites, who at die [9] Texas City plant would you ask? [10] A. Very likely, if 1 wanted to make an extensive a [11] search as you indicate by your question, I would make it a [12] point to go to the plant manager and discuss thoroughly my [13] needs and get him to understand why I am going to tie up his [14] people and request some of their help, and I would rely on [15] him, then, to contact the right people on his team and give [16] them the assignment to assist me in whatever I requested. [17] Q. You had mentioned that Ed Hendricks, yesterday, [18] mis an old-timer and that you had significant contact widi Page 184 to Page 191 202-347-3700 ACE-FEDERAL REPORTERS, INC. WATER PCB-SD0000063678 BSA Depo of: WILLIAM PAPAGEORGE Monsanto v Aetna .January 14. 1993 CR: 54035.0 XMAXP) [19] him early on in 1977 particularly. Would you ask Ed [20] Hendricks? 121] A. Well, certainly, 1 would, but for a simple [22] question that wouldn't take an awful lot of his time, I Page 192 [1] wouldn't hesitate doing that at all, but if it involved many [2] hours of effort on Mr. Hendricks' part, I would make certain [3] that his plant manager was aware that I was going to tie up [4] Mr. Hendricks extensively and get the plant manager's [5] support, so that Mr. Hendricks would not be in an awkward [6] |x>sition later, not haring done something else that he was [7] asked to do. [S] Q. Would you ask Ed Hendricks if Monsanto had used a [9] particular waste disposal site? If he was aware? [10] A. Well, first of all, I'd have to be aware of the [11] site to use the name of that site, but generally, the [12] question would be, "Can you tell me what sites were used," [13] mid he'd rattle off some sites. That would be the typical [14] approach. [15] Q. That would be something that you could ask Mr. [16] Hendricks directly without invoking the plant manager? [17] A. Yes. [18] Q. Mr. Papageorge, can you tell me when you first [19] teamed that the government was involved with the Texas City [20] Wye. Mntco? [21] A. I don't recall the specific date. The closest I [22] c;in come up with a date is sometime in 1978. Page 193 [1] Q. And what did you team in 1978? [2] A. All I recall is that the state regulatory people [3] had expressed some interest about that site, and I don't [4] know who they expressed this to, but somehow it became known [5] to Monsanto people, and that information, in turn, was [6] relayed to me. [7] Q. Wien did you first learn that the government [8] wanted to identify people or parties that had deposited [9] waste at the Texas City Wye? [10] A. At about the time that I beard of the interest on [11] tlie part of the regulatory people. [12] Q. Would it be in approximated 1978? [13] A. Yes. ' [14] Q. Can you tell me when you first learned that [15] Monsanto deposited waste at the Texas City Wye? [16] A. At about the same time. [17] Q. Can you tell me about when you learned that the [18] owners of the Motco site or the Texas City Wye were [19] insolvent? [20] A. Again, at that time. [21] Q. And would it be fair to say that it was at [22] approximately that time, 1978, that you learned that there Page 194 [1] mu public awareness about the conditions at the Texas City [2] Wye? [3] A. If my memory serves me right, I am under the [4] impression that that piece of information was made known to [5] me several months later. It might have even been the [6] following year. [7] Q. Can you tell me what a 104 request is, att EPA 104 m request? [9] A. 104; that rings a faint beD. I, I'd have to [10] read up on that to refresh my memory. I don't remember this [11] anymore. [12] Q. Can you tell me when you first teamed that [13] Monsanto was negotiating with governmental agencies [14] regarding remediation of the Texas City Wye and Motco? [15] A. It certainly happened after 1983, when I was no [16] longer involved. I, I knew of activity on the part of [17] Monsanto, at least the individual located in St. Louis, in [18] 1985. I do not know what transpired between 1983 and 1985. [19] Q. How did you find out that Monsanto had deposited [20] waste at the Texas City Wye? [21] MR. SARFATTI: Objection; undefined term. [22] A. The individual who informed me - and I have Page 195 [1] forgotten who that person was - of the interest in the [2] regulatory agency at - in that site, had told me that [3] Monsanto had sold chemicals to a company that operated that [4] site and that it appeared that some of those chemicals were [5] alleged to have been found at that site. I [6] BY MR. MANTA: ! [7] Q. Can you tell me if that person was Ed Hendricks? [8] A. Again, if my memory is anywhere near accurate, [9] it's - it would have been either the plant manager or his [10] environmental superintendent, Mr. Himes, and it could well [11] have been the plant manager's boss, Mr. Brasfield. It was [12] not a low-level person like Mr. Hendricks. [13] Q. But that, again, would have been in approximately [14] 1978? [15] A. Yes, sir. [16] Q. Are you fairly certain it was in 1978? [17] A. Fairly so, yes. I wish 1 could remember the [18] exact date, but - [19] Q. Can you tell me who the plant manager was in [20] 1978? [21] A. I've forgotten. I don't know when Mr. Tomblee [22] took over. 1 just don't remember. Page 196 [1] Q. Do you recall the conversation with the plant [2] manager at that time ? [3] A. No, I recall a conversation with somebody, and I [4] indicated it might have been the plant manager. I just [5] don't recall the person, the specific person that told me [6] this. [7] Q. Would that conversation have been memorialized in m any way? Would you have prepared a memo? [9] A. I would doubt it. [10] Q. You would doubt that there would be any [11] documentation to reflect a conversation in 1978 with the [12] plant manager concerning Monsanto transportation of [13] chemicals or sale of chemicals to the Texas City Wye? Is [14] that right? [15] A. You mean as it relates to the time I was [16] informed? [17] Q. Right. [18] A. That's very unlikely. [19] Q. The existence of documents, I'm saying. [20] A. That's true. [21] Q. Did you provide the information that you received [22] from the plant manager to anyone else at Monsanto, if you [1] recall? Page 197 ~ [2] A. Eventually, yes. [3] Q. When you say "eventually," what do you mean? [4] A. Well, I didn't immediately run anywhere with the [5] information. I made certain that, at least in my own mind, [6] that things were being attended to appropriately, and [7] eventually I, when I met with my supervisor, when 1 reviewed [8] many matters, this was one of the hems discussed, and I [9] recall - and I don't recall the exact meeting, but at one [10] of the environmental policy staff meetings that was [11] regularly scheduled by Mr. Throdahl, when it was my turn to [12] review with the group matters that were in my company or [13] unit, this was one of the hems that I shared with them. [14] Q. Would that have occurred within the year of 1978? [15] A. If my recollection of '78 is correct, yes, that's [16] when it would have happened. [17] Q. And l believe that you testified yesterday that [18] at environmental policy staff meetings, an attorney was [19] often present? [20] A. Yes, sir. [21] Q. Can you tell me if, at the environmental policy1 2 3 4 5 6 7 8 9 * * * * * * [22] staff meeting that would have occurred in 1978, where you Page 198 [1] raised the Texas City Wye and the infomiation you had [2] received from the Texas City plant, if an attorney was [3] present? [4] A. That, I don't recall. [5] Q. Were there minutes of environmental policy staff [6] meetings? [7] A. I don't recall any. I don't think so. [8] Q. Would you take notes? [9] A. Oh, as appropriate. I'm not a big note taker, I [10] but if there's something that concerned me directly, I'd put i [11] a key word or something to remind me, and -- ! [12] Q. Are the notes, notations that you made anything : [13] that you would keep? | [14] A. No. ! [15] Q. Do you thuik that there would be any docitment [16] that would reflect the issue of the Texas City Wye and the ACE-FEDERAL REPORTERS, INC. 202-347-3700 Page 191 to Page 198 WATER PCB-SD0000063679 BSA Depo of: WILLIAM PAPAGEORGE Monsanto v Aetna January L4. 1993 CR: 54035.0 XMAX(4) [17] information that you gained from the plant manager, any [18] document that would reflect that it was raised at an [19] cmironmental policy staff meeting? [20] A. I doubt it. [21] Q. At the time in 1978, hoi there any thought that [22] the Motco or Texas City Wye would be cleaned up under_______ Page 199 [1] governmental authority? [2] A. Certainly. That was always a, a likelihood that P] was considered, yes. [4] Q. Was there a concern that companies such as [5] Monsanto that had deposited waste at the site would be [6] required to pay some money to clean up the site? [7] MR. SARFATTT: Objection; mischaracterizadon of [8] testimony and undefined term. [9] A. When you say Monsanto deposited material there [10] BY MR. MANTA: [11] Q. Okay, I'll rephrase the question. [12] Was there any concern that companies that had [13] wastes that were found to be at the site would have to be [14] would be required to pay for remediation ? [15] MR. SARFATTI: Same objection as to undefined [16] term. [17] A. You are characterizing the material at the she [18] as wastes. That may or may not fit all the material there. [19] MR. MANTA: How about about - let me have the [20] question read back and I'll change the word. [21] THE COURT REPORTER: [22] "Was there any concern that companies that had_______________ Page 200 [1] wastes that were found to be at the site would have to be [2] would be required to pay for remediation?" P] BY MR. MANTA: [4] Q. I believe you had used the term "chemicals, " and [5] I'll use that term, as well. Was there any concern that [6] companies whose chemicals were found to be at the site, that [7] they would be required to pay for the cleanup at the site in [8] 1978? [9] A. That was a consideration. [10] Q. Do you recall if that concern mar discussed at [11] cmironmental policy staff meetings? [12] A. The thought was expressed, but I don't know that [13] a discussion followed that, because it was presumed by the [14] audience to be in the right hands and whatever was necessary [15] in the way of responding to it was being handled by the, the [16] plant and the appropriate people. [17] Q. Would it be fair to say that it was raised in [18] 1978 at an environmental policy staff meeting, that concern? [19] A. Well, I hope we have the same definition of [20] "raised." It was mentioned that we are considering that [21] possibility. [22] _____ Q. When did you first leant titat Monsanto had__________ Page 201 [1] decided to vohmtarity undertake the remediation of the [2] Texas City Wye? [3] MR. SARFATTI: Objection; undefined term. [4] A. The information I had, which, as best I can [5] recall, I was aware of in about 1985, was that Monsanto was [6] involved in a program for addressing the activity required [7] to make that site acceptable to the regulatory agencies. [8] The word "remediation" was not used, so - and I didn't [9] personally get any information regarding the details of what [10] actually was taking place. [11] BY MR. MANTA: [12] Q. Is it your understanding that the conditions that [13] were being - I'm trying - strike that. [14] I'll try to rephrase the question with your words [15] and not use the word "remediation," but is it your [16] ruuierstandbig that the conditions that Monsanto was [17] addressing in 1985 voluntarily had existed throughotu the [18] 1960's and '70's? [19] MR. SARFATTI: Objection; undefined term. [20] A. No, that's not myunderstanding. [21] BY MR. MANTA: [22] _____ Q. Can you tell me what your understanding is?_________ Page 202 [1] A. WeO, 1 have an understanding that in the earlier [2] years, this was a, an active chemical operation, whereas in [3] 1985, it was an abandoned site, no activity on it whatever, [4] so 1 can't really conclude that the conditions in *85 were [5] similar to those in the Sixties and '70's. [6] Q. I take it, then, that you don i have personal [7] knowledge and you can't say whether or not the conditions [8] were the same throughout the Sixties and '70's. [9] A. That is true. [10] Q. Cati you tell me what "acceptable to regulatory [11] authorities" means? [12] A. That, of course, varies from situation to [13] situation and from person to person. It's been my [14] experience that when the agencies look into a matter of this [15] type, they eventually arrive at conditions which they [16] believe ought to be achieved, so that the final result meets [17] the conditions they have established, and those conditions, [18] of course, vary. [19] Q. Monsanto was trying to meet those conditions in [20] connection with the voluntary [21] A. Well, certainly [22] _____MR. SARFA1T1: Objection;undefined term. Page 203 [1] BY MR. MANTA: p] Q. Let me finish my question. TUrephrase the P] question. [4] Monsanto nos attempting to meet the requirements [5] of the regulatory authorities in connection with the [6] remediation, ifyou will, of the Texas City Wye in 1985; is [7] that right? [8] A. Wefl, I would suggest that it's not limited to [9] Monsanto. The conditions they were attempting to achieve by [10] their activities were conditions that, to my limited [11] understanding, were agreed to by the parties conducting the [12] activities, and the regulatory people who were involved in [13] looking at this site, and determining when it would be [14] acceptable, under what conditions it would be acceptable. [15] (Papageorge Deposition Exhibit 14 marked for [16] identification.) [17] BY MR. MANTA: [18] Q. Mr. Papageorge, looking at what has been marked [19] for identification as Exhibit 14, which is an April 24, [20] 1980, memorandum, topic is "CMA Sttuiy Group Meetings On [21] Texas City Wye," and there's a "cc" reference to* 1 11 [22] IV. B. Papageorge. Page 204 [1] A. Mm-hmm. [2] Q. Would that be you, sir? P] A. That's my name, yes, sir. [4] Q. And can you tell me where G4WA is? [5] A. It's the offices of Monsanto in St. Louis, G [6] Building, fourth floor, west wing, mail zone A. [7] Q. That's your mailbig address, I lake it? [8] A. Yes. pj Q. I'd like you to take a moment, if you would, and [10] read through the documetu, and then l >vatu to ask you a [11] question. [12] A. I just - okay, I appreciate that, because I [13] don't remember this at all. [14] (Witness peruses said document.) [15] A. (Continuing) I've finished reading it. [16] BY MR. MANTA: [17] Q. Can you tell me if this refreshes your [18] recollection as to when Monsanto began addressutg [19] alternatives for addressing the conditions at the Texas City P0] Wye? [21] A. No, this document tells me that the participation [22] by Monsanto in matters relating to this site continued on______ Page 205 [1] into 1980 and bad reached a point where other industry pi representatives were being involved. This doesn't tell me pj just when did Monsanto address the Texas City Wye situation. [4] Q. Does it indicate to you that Monsanto was playing [5] a role in addressing alternatives to address the situation [6] at the Texas City Wye? [7] A. It was playing a role, yes, sir. [8] Q. Can you tell me who Mr. Gordon Lunfford is? P] A. I don't recall Mr. Lunsford's exact title at the [10] time, but he was, as best 1 remember, one of Mr. Tromblee's [llj superintendents at the Texas City plant. [12] Q. He was a Monsanto employee? [13] A. Yes. [14] Q. How about Mr. Daues? [15] A. I remember the name, Daues. I, I just can't Page 198 to Page 205 202-347-3700 ACE-FEDERAL REPORTERS, INC. WATER PCB-SD0000063680 BSA___________________________ Depo of: WILLIAM PAPAGEORGE Monsanto v Aetna January 14, 1993 CR: 54035.0 XMAX(5) [16] place him at the moment. I don't know. I don't remember. [17] Q- Was he a Monsatuo employee? [IS] A. A Monsanto employee, yes, sir. [19] Q And Mr. Lunsford participated in the CMA study [20] group on behalf of Monsanto? Is that right? [21] A. That's what this memorandum indicates. 1 don't [22] remember that personally. ________________________________ Page 206 [1] (Papageorge Deposition Exhibit 15 marked for [2] identification.) [3] BY MR. MANTA: [4] Q. I'd like you to take a moment and look through [5] Exhibit 15, which is a. an April 6, 1981, memorandum bearing [6] Bates number STG 3414607 through STG 3414611. [7] (Witness peruses saiddocument.) [8] A. I have glanced at the document. I don't recall [9] it, but [10] Q. Looking up in the right-hand comer, there's some [11] handwritten names. One of them appears to be "Papageorge." [12] A. I see that. [13] Q. Beneath that, there is, and off to the left, an [14] "XC. " Does that mean cross-copy? [15] A. I don't know. It could mean that. It depends on [16] the person that put it in there. I don't know what he [17] means, extra carbons, or cross-copies, or [18] Q. Does it indicate to you that a copy was intended [19] for you? [20] A. Yes. [21] Q. Now, beneath that is "FYI Gene. " Would that be [22] Gene Tromblee?____________________________________________ Page 207 [1] A. Your guess is as good as mine, sir. [2] Q. You don't recognize the handwriting? [3] A. No, I don't. [4] Q. Does this refresh your recollection as to when [5] remediation alternatives began to be considered for the [6] Texas City Wye site? [7] A. By your question, I am led to believe that we had [8] previously discussed when the remediation occurred. I [9] there's a difference in my mind between the actual [10] remediation activity and the thought process that occurred [11] tunny years before the activity actually was accomplished or [12] instituted. [13] Q. I understand that, and my question goes to the, [14] to the thought process, to the considerations and [15] evaluations of alternatives. [16] A. Oh, those thought processes began from the minute [17] we were aware that the state authority was interested, and [18] it evolved into many, many different approaches that could [19] he taken and finally boiled down to one. [20] Q. So Monsanto's evahtations for consideration of [21] remediation of alternatives would have began in 1978 and [22] continued through the lime that the sire was actually -_________ Page 208 [1] where remediation actually began? [2] A. Yes. The thoughts ranged all over the map as to [3] wlint shoidd and could be done. [4] Q. And in connection with tlutt evaluation process, [5] cleanup costs were addressed and considered, were they not? [6] A. Yes. [7] Q. And tlte cleanup costs were addressed and [8] considered in coimection with what Monsanto might have to [9] pay to properly remediate the site; is that tight? [10] A. Not to my understanding. [11] Q. Okay, what was your tutderstanding? [12] A. I would suggest that these estimates - and I [13] don't know who prepared them - refer to the costs [14] associated with bringing the site up to some acceptable [15] level. It does not say that it's all Monsanto or to be [16] sinned by many. [17] Q. I'm not - I didn't want to suggest that it was [18] all Monsanto, but the fact that Monsanto was voluntarily [19] pamcipattng in the evaluation of alternatives, that the [20] costs associated with those alternatives were addressed [21] because Monsatuo would have to pay a portion of those costs; [22] is that right?________________________________________________ Page 209 [1] MR. SARFATT1: Objection; undefined term. [2] A. Well, Monsanto's representatives involved with [3] tins matter certainly knew that there would be costs [4] associated with this activity. Their intent was to quantify [5] to the degree where it was as realistic as they could get [6] it, depending on the information they had, and that piece of [7] information was then used and further deliberations [8] regarding who is to do it and when to do it, and I don't [9] know what else to add to that. It's certainly an important [10] piece of information when you are addressing a situation [11] like this. [12] BY MR. MANTA: [13] Q. And it would have been information addressed to [14] Monsanto, as well as with other parties and the governmental [15] agencies? [16] A. Well, certainly with other parties involved in [17] the remediation effort. I personally do not know - you'd [18] have to ask someone closer to this - how much and when the [19] information relating to type of activity and expected costs [20] was relayed to the state representatives, regulatory [21] representatives. [22] BY MR. MANTA: Page 210 [1] Q. In and abotu 1981, was there not a concern cf - [2] let me strike that. [3] In 1981, wasn't there, in fact, concern that [4] Monsatuo may ultimately end up paying for the entire cost of [5] cleaning up the Texas City Wye? [6] A. That concern was considered by Monsanto. I can't [7] recall that *81 was the year in which it was first [8] addressed. I don't know how else to answer that. It was a [9] thought. [10] MR. OMROD: Could you read back the answer? [11] THE COURT REPORTER: [12] "A. That concern was considered by Monsanto. I [13] can't recall that '81 was the year in which it was first [14] addressed. I don't know how else to answer that. It was a [15] thought." [16] (Papageorge Deposition Exhibit 16 marked for [17] identification.) [18] BY MR. MANTA: [19] Q. Mr. Papageorge, looking at what hasbeen marked [20] for identification as Papageorge 16, the first page of the [21] docttmetu has a little notation, "From the Desk of [22] )V. B. Papageorge. " Does that indicate to you, sir, that Page 211 [1] this was a document that you setu to Mr. Park and Mr. Spano? [2] A. That's what it would imply, yes. [3] Q. The notation on there is, "TCY." Is that your [4] handwriting? [5] A. That is not. [6] Q. The date is January 9, 1981. The attachment to [7] that document is a copy of a newspaper article, and I can [8] appreciate that the type, here, is extremely difficult to [9] read, but what I'd like to direct your attention to is the [10] fourth paragraph of the article, and the last sentettce, and [11] ru read it. It says, "EPA officials say most or all of [12] the styrene tar originated at Monsanto Chemical Company. " [13] Do you see that, sir? [14] A. I do see it, yes. I found it, mm-hmm. [15] Q. Does that refresh your recollection as to when [16] the concent about Monsanto being, Monsanto being the only [17] party to pay for the cleanup was raised? [18] A. No. It does not. [19] Q- Can you tell me why youwould have sentthat [20] article to Mr. Park and Mr. Spano? [21] A. WeD, Mr. Park and Mr. Spano were involved inI [22] environmental matters for MCI unit, and certainly, 1 hoped Page 212 [1] to keep them tuned in with developments, and that's the [2] reason I sent it to them. [3] Q. Mr. Park was an attorney, wasn't he? [4] A. Yes. [5] Q. Was he the attorney withinMonsanto who was [6] responsible for environmental issues with regard to MCI [7] plaius? j [8] A. That was one of his assignments, yes. ! P] Q. What was Mr. Spano's job? I [10] A. He is a member of Monsanto's Corporate Public I [11] Relations Department. | [12] Q- And why would it be importaiU that Mr. Spano [13] receive ihtu article? [14] A. Well, it certainly appeared in the news media, ACE-FEDERAL REPORTERS. INC. 202-347-3700 Page 205 to Page 212 WATER PCB-SD0000063681 BSA Depo of: WILLIAM PAPAGEORGE Monsanto Aetna January 14, 1993 CR: 54035.0 XMAX(6) [15] which is his held or his area of interest. It's [16] conceivable that he might get calls either from this [17] newspaper or others, and I feh that, that he ought to be [IS] aware of what was in this article. [19] THE WTTNESS: Is this a good time for - I'd like [20] to take a break. [21] MR. MANTA: Can I, I just want to get one more [22] question and maybe we can move along. Page 213 [1] THE WITNESS: All right. [2] BY MR. MANTA: [3] Q. Mr. Papageorge, could you tell me how you would [4] lutve come across an article from the Houston "Chronicle"? [5] A. There are many ways, really. Some of it arrives [6] at my desk unsolicited from somebody who thought I might be [7] interested. There was a period of time - and I'm trying to [8] remember if this, this period we're discussng was part of [9] that - where I was, had subscribed to a clipping service, [10] to get articles that related to the environment. It could [11] have come from the plant, itself, from any employee there, [12] or I could have received it from one of my staff members who [13] happened to be at the plant, got a copy and dropped it off [14] on my desk. There are many possible sources of this kind of [15] information. [16] Q. Could you tell me the name of the clipping [17] service? [18] A. Oh, no, I couldn't. I don't know anything about [19] them. [20] Q. Was it a service that provided you clippings [21] from - in a weekly publication? [22] _____ A. Yes, weekly publications were, were amongst the Page 214 [1] sources, yes. [2] Q. Well, I'm asking specifically about the, how the [3] clipping service provided you the dippings. Was it in a [4] weekly publication from the clipping service? [5] A. No, no, no, they would have a service whereby [6] people in their organization cut out articles from [7] newspapers, weekly magazines, and the like, and would send [8] me a, an envelope full on some periodic basis; a week, ten [9] days, maybe a month would go by, and it covered subjects [10] that I had designated at that time, primarily PCB matters. [11] Q. Did you also designate environmental matters? [12] A. The broad field "environment" and then specific, [13] Monsanto, and specific, PCBs, and then so on, so [14] Q. Was that clipping service a St. Louis company? [15] A. Oh, I don't know. The Public Relations [16] Department arranged that for me. [17] Q. You didn 't deal directly with the clipping [18] service? [19] A. No. [20] Q. Do you know who at the Public Relations [21] Department lumdled that for you? [22] A. I don't ranember anymore. Page 215 [1] Q. Did you keep the clippings that were provided to [2] von, via the [3] ' A. Normally? No. [4] Q. Do you know if anyone iti St. Louis kept the [5] clippings? [6] A. Oh, 1 can't speak for others. I don't know what [7] they kept in their files. [81 Q. But you don't know if there was a central place [9] where all the clippings were kept? [10] A. I was never aware of such a place, no. [11] Q. Was the subject of environmetual that you [12] indicated you wished to receive clippings on spedfic to any [13] sites? [14] MR. SARFA111: Objection; mischaracterization of [15] his prior testimony. [16] A. No. I don't remember, no. I was interested in [17] the broad subject, throughout the world, really, not just [18] Monsanto plants. [19] MR. SARFAl 11: I think the witness has requested [20] an opportunity to take a break. [21] MR. MANTA: Oh, I'm sorry. [22] _____ MR. SARFAl tl: And you said you would ask one Page 216 [1] question, and 1 think you've asked a series of questions. [2] Do you mind if he takes a break? | [3] MR. MANTA: No, I don't mind if you take a break. : w Go ahead. | [5] i [6] | [7] THE WITNESS: Appreicate it. MR. MANTA: I'm sorry, I hadforgotten. (Recess) : [8] (Papageorge Deposition Exhibit 17 marked for PI identification.) ! [10] (Recess from 11:00 o'clock to 11:09.) [11] BY MR. MANTA: [12] Q. Mr. Papageorge, you had mentioned that in 1978, [13] the Texas City Wye situation had been raised at an [14] environmental policy meeting. My question is, cati you tell [15] me what was said? [16] MR. SARFATl I: Objection; mischaracterization of [17] the testimony. [18] A. Well, as I ranember, my previous comments said [19] that it was at about that period of time that I became aware [20] of the Texas City Wye situation and the involvonent of the [21] regulatory agency. I also recall you asking was (his [22] information shared within Monsanto in other ways, and I Page 217 [1] indicated that I recall that the situation at the Texas City [2] Wye was raised at one of the environmental policy staff [3] meetings. I don't ranember just what particular meeting, [4] what month, and so on. It was mentioned, really, as a piece [5] of information, rather than a topic to be discussed and [6] resolved by that group. [7] BY MR. MANTA: [8] Q. Can you tell nxe who mentioned it? pj A. I'm not certain. [10] I - there are about three people that could have [11] moitioned it. I could have brought it up as an item, since [12] it relates to the unit that I was assigned to. The attorney [13] could have raised it because regulatory people were [14] involved, and he sometimes is in a position to comment, or [15] the individual on Mr. Throdahl's staff assigned to solid [16] waste issues could have mentioned it because he would have [17] been tuned in, also. [18] Depending on where you are sitting around the [19] table, the first one that is approached to make comments is [20] the likely one to mention it first, so there is no priority [21] as to who says what when. [22] Q. The attorney at that time - and that time being Page 218 [1] 1978 - would that be Foshim (Phonetic) Park? [2] A. It would be Mr. Park or one of his staff. I [3] don't recall if Mr. Park was in town or occupied elsewhere. [4] Q. And would the solid waste person have been Mr. [5] Pierle? [6] A. In '78? Hmm. It could have been Mr. Pierle, it [7] could have been Mr. Jessee. [8] Q. Now, I take it that part of the difficulty you P] are having is merely because it is so long ago that this [10] meeting took place and that it's very difficult today, in [11] 1992, to remember the spedfics of an environmental policy [12] meeting that occurred in 1978; is that right? [13] A. That is correct, yes. [14] Q. And that if 1 were asking you the questions in [15] 1978 aboia the spedfics of what ras said and who said it, [16] you would likely be able to tell me; is tlutt right? [17] A. Likely, yes. Min-hmm. [18] Q. You would be far more likely to be able to tell [19] me in 1978 than you are today, in 1992: is that right? [20] A. I would hope so, yes, sir. [21] Q. I said '92. I'm sorry, we're in '93. We're 131 11 [22] days, 14 days into '93 and I'm not - l haven't recognized_____ Page 219 [1] tlutt fact. See what lutppens when you don't celebrate New [2] Year's? [3] Can you tell me wluU you knew about the [4] conditions of the Texas City Wye in 1978? [5] A. I will try. It was abandoned, in a sense. There [6] were no caretakers. Some of it had the remnants of a fence, [7] but the fence was not completely surrounding the property. [8] There were storage tanks on the site. As I ranember, there pj was a building of some sort, a shed or a storage area-type [10] building. There were weeds, waist-high weeds on it. There [11] were some spots betweoi the weed growth that looked like [12] blacktop from a roadway. That's the physical condition, as [13] I remember it, about that time. Page 212 to Page 219 202-347-3700 ACE-FEDERAL REPORTERS, INC. WATER PCB-SD0000063682 BSA Depo of: WILLIAM PAPAGEORGE Monsanto y Aetna January 14, 1993 CR: 54035.0 XMAX(7) [14] Q. Did you visit the site in 1978? [15] A. Yes, sir, sometimes, sometime in there in '78. [16] yes. [17] Q. Did you visit the site on more them one occasion? [18] A. I believe I did, yes, sir. [19] Q. Can you tell me approximately how many times you [20] \isited the site? [21] A. A couple of times. [22] _____ Q. Perhaps two or three?______________________________ Page 220 [1] A. As best I remember, there was one what I would [2] call a rather extensive walk-through, and at least one sort [3] of a quick look. We happened to be driving by; we stopped [4] and walked around a little bit to see if things had changed. [5] There could well have been a third quickie [6] inspection or look-see. I just, I just can't place it [7] specifically. [8] Q. Can you tell me what the purpose of your [9] inspections or visits to the site were? [10] A. Selfishly, it was to satisfy my personal [11] curiosity as to what is this and what are we talking about, [12] where is it located, and the like. I just, I personally [13] like to see these sites, rather than talk about it in the [14] abstract. [15] Q. In addition to the Motco site, what other sites [16] had you visited in that lime? [17] A. By 1978, of course, I visited Monsanto sites. [18] Q. Vie plant sites. [19] A. The Monsanto owned and operated on Monsanto [20] property, yes, I visited some of those by that time. [21] Q. Were they in connection with -- were there any [22] non-owned sites that you went to in that time other Qian_______ Page 221 [1] Motco? [2] A. No. [3] Q. And you went to Motco three times? [4] A. Let me correct myself. Let me think. I did see [5] some non-owned Monsanto sites, sites not used by Monsanto, [6] incidentally. [7] Q. Do you know what those sites were? [8] A. 1 recall a site in, along the Hudson River used [9] by the General Electric Company, and I recall a site up in [10] Iowa - I forget the name of the city - used by one of [11] Monsanto's customers. [12] Q. Did you visit either of those two sites three [13] times? [14] A. No; once each. [15] Q. Motco is the only non-owned site that you visited [16] in and about 1978 through the time you left MCI in 1983? Is [17] that right? Vtree times? [18] A. Yes. [19] Q. Sow, can you tell me a little bit more about the [20] conditions existing at the site, in terms of what the [21] conditions were that the government was concerned abotu? [22] _____ A. I'll have to confess, I don't remember the_________ Page 222 [1] specifics of the government's concern. I'd have to review [2] tlieir documents again to refresh my memory, but in making my [3] inspection, I, of course, didn't drill any holes, or take [4] imy water samples, or anything of the sort. This was just a [5] walking over the premises and making a visual inspection. [6] Q. Did you, did any govenmietu officials accompany [7] you on anv of the visits that -- [8] * A. No.' [9] Q. Did you notice any pits, waste pits? [10] A. I didn't see - if by "pit" you mean a depression [11] in tlie surface of the land [12] Q. Did you see pits where styrene tars had been [13] deposited? [14] A. Well, as I mentioned earlier, I saw mounds of [15] black material that resembled road asphalt, with weeds [16] growing around some of these mounds. I did not see a, a [17] hole in the ground that one would look down into and [18] describe as a pit. [19] Q. If I were to ask you at about the time you [20] visited these sites, would you be able to tell me what the [21] conditions were that the governmental agencies were [22] concerned with?_____________________________________________ Page 223 [1] A. Well, as I indicated earlier, I'd have to see the [2] govermnait inspection report. I knew or - yeah, I knew [3] then that the government was concerned. Today, I forget the [4] details of that concern. [5] Q. And my question is simply, were you aware of what [6] the government concerns were at the time you visited the [7] site in 1978? [8] A. I very likely was. certainly, but I've forgotten [9] what they were today. [10] Q. And it's because, again, of the passage of time [11] and fading memories that xou are unable to tell me what [12] those concerns were from your memory? [13] A. That is right. [14] Q. Can you tell me, on the first visit that you went [15] to the Texas Wye, who went with you ? [16] A. I don't recall the specific individuals, but I, [17] if my memory again serves me right, they were the upper [18] managers of the plant, as distinguished from the [19] environmental engineering staff. [20] Q. Would that include the plant manager? [21] A. It would include the plant manager and his [22] immediate general superintendents in my thinking, here.______ Page 224 [1] Whoever accompanied me came from that group. [2] Q. Were there any other people from St. Lows that [3] came with you? [4] A. I don't remember anybody else from St. Louis. [5] Q. How about on your second visit? Can you tell me [6] who went with you? [7] A. The second visit, as I recall, was somebody from [8] the plant environmental team, but there again, I'm not [9] certain just specifically which of those individuals was [10] with me. [11] Q. Would it have beat Mr. Hendricks or Ms. Reid? [12] A. It certainly wouldn't have been Miss Reid. It [13] could have been Mr. Hendricks or his supervisor. [14] Q. Can you tell me who his supervisor was? [15] A. At that time, I think it was Mr. Himes. [16] Q. How about your third visit: Can you tell me who [17] accompanied you? [18] A. The third visit? There again, it was a member of [19] the plant's environmental staff. The specific person, I [20] just cannot recall. [21] Q. Would it refresh your recollection if l suggested [22] that Gordon Dmsford went with you on some, or one, or all Page 225 [1] of the visits? Would that help you? [2] A. Well, Mr. Lunsford certainly was interested and [3] active, but I just don't remember that. It could have been [4] but I don't remember. [5] Q. You believe your first walk-through or look at [6] the site was in 1978; is that correct? [7] A. That's the best to my recollection, yes, sir. [8] Q. Cati you tell me how soon after that your second [9] visit would have been? [10] A. Oh, a matter of - this is not specific, of [11] course - three, four months, something like that. [12] Q. So perhaps sometime in 1978 or 1979? [13] A. It was more likelv still in '78. [14] Q. How about your third visit? [15] A. There it would have to be the latter part of '78 [16] or early '79. [17] Q. Do you recall attendmg a press tour of the Motco [18] site? [19] A. A press tour? No. I don't remember any press [20] contacts in Texas. [21] Q. By "press contacts in Texas, " you are, I assume,1 11 [22] excluding articles written on the Texas Wye.____________________ Page 226 [1] A. I'm talking about individuals representing the [2] media. I had no tour with any of them. [3] Q. Was any infomtation given to you prior to your [4] visits to die sites, to the Motco site, in 1978? [5] A. I'm confused. I thought we established that I I [6] was aware of the interest of the State authorities and the ! [7] fact that Monsanto had shipped chemicals to that site. I I [8] was - that kind of information I was aware of. I [9] Q. Maybe specific, either oral presentation or j [10] written material prior to the visit. [11] A. I don't recall anything that formal, no. ACE-FEDERAL REPORTERS, INC. 202-347-3700 Page 219 to Page 226 WATER PCB-SD0000063683 BSADepo of: WILLIAM PAPAGEORGE Monsanto v Aetna January 14, 1993 CR; 54035.0XMAX(8) [12] Q. Can you tell me when you first learned there was [13] seepage from - of waste at the North 80 site? [14] MR. SARFATTI: Objection; no foundation. [15] A. I just don't have a date in mind. It would have [16] to be after 1977, when I was assigned my new job. I just [17] don't remember when that information was available to me. [18] Late '70's, early '80's is as close as I can come. [19] MR. MANTA: Incidentally, 1 thought we had a [20] standing, or maybe I'm wrong [21] MR. SARFATTI: I think you are mistaken, because [22] you couldn't act for the defense group as a whole with________ Page 227 [1] regard to those matters. [2] MR. MANTA: Okay. Well, I wouldn't stipulate for [3] the defense group for the [4] MR. SARFATTI: Same impact. [5] MR. MANTA: - for this deposition. [6] BY MR. MANTA: [7] Q, Incidentally, Mr, Papageorge, are you being paid [8] for your time today and yesterday? P] A. No, sir. [10] Q. When did you first learn that a governmental [11] agency was going to require Monsanto to take some action [12] with regard to the North 80? [13] A. There again, I have trouble remembering the [14] dates, and my answer would be similar to the one, the [15] previous one. Somewhere in the late '70's, early '80's. [16] Q. How about when you first learned of publicity [17] surrounding the conditions of the North 80? [18] MR. SARFATTI: Objection as to form. [19] A. Again, it doesn't stand out in my mind. It's [20] again late '70's, early '80's. [21] BY MR. MANTA: [22] _____ Q, Would the same be true, that is, the late `70's,______ Page 228 [1] early 1980's, for when you first learned that Monsanto was [2] negotiating with governmental agencies concerning tile [3] addressuig the conditions at the North 80 site? [4] A. I don't know if the word "negotiating" exactly [5] fits, but there were discussions between the regulatory [6] representatives and Monsanto representatives regarding that [7] site, and at about that period of time, late '70's, early [8] '80's. P] Q. Were you aware that these discussions centered [10] around seepage that was occurring and the governmental [11] agencies concerned with that seepage? [12] A. There was - yes, I was aware of an allegation by [13] the agencies that they had determined some seepage was [14] taking place. [15] Q. When did you first team that Monsanto had agreed [16] to pay for the costs of addressing the problems at North 80? [17] A. Oh, boy, I just don't remember dates. I recall [18] that Monsanto hired a company that's in this kind of [19] remedial business, to help with that site. [20] Q. Do you recall the company's name? [21] A. No, I don't. [22] _____ Q. Were the conditions that you became aware of at Page 229 [1] the North 80 in the late '70's or early 1980's, were they [2] raised at any environmental policy meeting? [3] A. I don't recall, but that doesn't mean they were [4] not raised or that they were raised. I just don't recall. [5] Q. They could have been raised, but because of the [6] passage of time, you simply don 7 recall whether or not they [7] were raised? [8] A. That's true. P] Q. And if I was to ask you these questions [10] concerning whether the Environmental Policy Committee was [11] made aware of the conditions at the North 80, if I was [12] askuig you these questions in the late '70's or early [13] 1980's, you would be much more likely to be able to give an [14] answer to my question; is tiutt right? [15] A. That's a realistic appraisal of wbat would likely [16] happen, yes. [17] Q. Can you tell me what conditions you were aware of [18] in the late '70's or early 1980's that - other than the [19] seepage that the government was concerned with? [20] A. With regard to [21] Q. To the North 80. [22] ___ A. That's all I recall. I don't recall any other________ Page 230 [1] .situation or condition. [2] Q. Can you tell me what you know about the [3] conditions that existed at the North 80 in the late '70's, [4] early I980's? [5] A. Just that the regulatory people said there was [6] seepage. That's all I remember. [7] Q. Did you ever visit the North 80? [8] A. Yes. P] Q. Can you tell me approximately when you visited [10] the North 80? [11] A. Sometime in that time frame we've discussed. [12] Q. Can you tell me approximately how many times you [13] visited the North 80 in that time period? [14] A. A couple of times, I would say. [15] Q. And what did you see when you went there, to the [16] North 80? [17] A. To (he North 80? I saw a flat, grassy field. [18] Q. Did you - were you shown the seepage, the area [19] of seepage that was alleged to take place? [20] A. 1 didn't see - I don't recall anybody pointing [21] out any seepage. I didn't see any personally. [22] ______ Q. What were you shown?_____________________________ Page 231 [1] A. The field, when we walked all over, and I was [2] looking for visual evidmce of something abnormal. I didn't [3] see any. [4] Q. Did anyone from the agency accompany you on your [5] visit? [6] A. No. [7] Q. Can you tell me who did? [8] A. Somebody from the plant. I don't know who that P] somebody was. [10] Q. Do you think is would have been the plant manager tin or someone from the Environmental Department? [12] A. It could have been any of those people. [13] Q. Were you told anythmg during the visit other [14] than the seepage problem? Told about anythmg else other [15] than the seepage problem? [16] MR. SARFATTI: Objection; mischaracterization of [17] prior testimony. [18] MR. MANTA: Let me back up. [19] BY MR. MANTA: [20] Q. Did you have any discussions with the people PI] while you were on the tour of the North 80 site? [22]_______ A. We certainly talked to each other. Before we Page 232 [1] went on, I double-checked to see that - my information that [2] the state regulatory people had shown an interest in this [3] site and indicated that they suspected seepage, and I [4] requested that the, where it was possible, I could be shown [5] the site, and that was quickly taken care of, and we walked [6] around, I looked to see what the eye can pick up and I [7] didn't see anything, and that was the extent of the [8] discussion, really. P] Q What were you told about the site? [10] A. That it was an old disposal site, dating back [11] decades, and it was inactive at the time 1 was there, and [12] that it contained materials that had been generated in the [13] plant through those many years. That's, in essence, what I [14] understood. [15] Q. Can you tell me who at the plarU would have told [16] you that uformation? [17] A. Oh, it's either the plant manager or one of bis [18] superintendents, or a member of his environmental team. [19] Q. Did they tell you specifically what chemicals [20] were deposited at the North 80 site? [21] A. I don't recall any specific chemicals mentioned,1 [22] no,______________________^__________________________________ Page 233 [1] Q. Were you told that there was seepage at the North [2] 80 site? P] A. No, I was told that the State people had alleged [4] there was seepage. [5] (Papageorge Deposition Exhibit 18 marked for [6] identification.) [7] (Discussion off the record.) [8] BY MR. MANTA: P] Q. Jumping back to the Texas Wye for amoment, we 're [10] looking at Exhibit 17, which is a November 23rd, 1981, Page 226 to Page 233 202-347-3700 ACE-FEDERAL REPORTERS, INC. WATER PCB-SD0000063684 BSA Depo of: WILLIAM PAPAGEORGE Monsanto v Aetna January 14, 1993 CR: 54035.0 XMAX(9) [11] letter widi Bates number MCO 6054467 through MCO 6054470. [12] I'd like you to take a moment just to look at it. [13] (Witness peruses said document.) [14] A. I have quickly reviewed this. [15] BY MR. MANTA: [16] Q. I'd tike to direct your attention to the second [17] page and ask you if you can tell me whether this refreshes [18] your recollection as to when Monsanto received a 104 request [19] from the EPA. [20] A. Your reference to 104, this is the first time [21] you've come up with that. [22] _____ Q. I thought earlier you had testified that you___________ Page 234 [1] tlidn t recall what a 104 request was -- [2] A. That's [3] Q. Or whether [4] A. I remember that answer, yes, but I didn't realize [5] it was associated with this particular site. [6] Q. My question is, does that refresh your [7] recollection as to when Monsanto received a 104 request? [8] A. Not really. [9] Q. Does it refresh your recollection as to what a [10] 104 request is? [11] A. Yes. [12] Q. And what's your understanding of a 104 request? [13] A. Well, it, of course, comes under one of the [14] federal acts that has to do with waste disposal, and it's, [15] in substance, it's an information-gathering request. [16] Q. Okay. That's all I have. [17] Wluit type of information is sought under a 104 [18] request? [19] A. What kind? Oh, golly, it's a long laundry list [20] of the, what types of materials are present, what tests had [21] been made, what are the results of the tests, over what [22] |>eriod of time was it in use, who was involved -____________ Page 235 [1] Q. In essence, isn't it seeking to identify those [2] parties that may be potentially responsible parlies wider [3] the Superfund taw? [4] A. Well, that's one of the objectives, yes, sir. [5] MR. MANTA: Okay, now we were on 18. [6] BY MR. MANTA: [7] Q. Looking at Exhibit 18, it is an April 19, 1982, [8] memorandum. The subject is governmental correspondence on [9] North 80. The Bates number is MCO 6550926 through MCO [10] 6550933. There's a "cc" reference to Mr. IV. B. Papageorge. [11] Would that be you. sir? [12] A. Yes, sir. [13] Q. Can you tell me what G4WA means? [14] A. That's the mailing zone, the location of my [15] ollice. [16] Q. Could you tell me specifically what it is? [17] A. Well, the "G" is the G Budding in Monsanto's [18] offices in St. Louis. The "3" is the third floor [19] Q. Is it "3" or "4"? 1 have "4," [20] A. I'm sorry, I'm looking at the wrong - fourth [21] floor, G4. "W" is for the west wing, and "A" is the mailing1 11 [22] /.one in that wing.__________________________________________ Page 236 [1] Q. I'd like to direct your attention to the second [2] page, the entry 9/21772, and ask you to read that paragraph. [3] A. 1 have read it. [4] Q. Does that refresh your recollection at all as to [5] when someone from Monsanto told you that there was seepage [6] at the North 80? [7] A. No, because - are you implying that in 1972, [8] they told me? [9] Q. No, I'm not implying that at all. I'm just usitig [10] that to see if l can jog your memory. [11] A. My information regarding seepage was received [12] from the plant in the late '70's, early '80's. This [13] sentence doesn't refresh my memory as to exactly what month, [14] nr day, or period within that multi-year span I was informed [15] of this. [16] Q. Did anyone tell you what the disposal methods [17] that were used at the North 80? Did anyone tell you what [18] the disposal methods that were used in the Fifties and [19] Sixties, what they were at the North 80? [20] A. No. [21] Q. Were you ever told that styrene tars were [22] deposited into unlined pits at the North 80? Page 237 [1] j [2] MR. SARFAlTl: Objection: undefined terms, A. No. P] I [4] BYMR. MANTA: Q. Were you ever told that die pits at die North 80 ' [5] were lined? [6] A. No. [7] Q. Did you ever inquire as to die disposal mediods [8] diat were used at the North 80? [9] A. I don't recall getting into that kind of detail, [10] no. [11] Q. Would you be interested in historical information [12] on the Nordi 80? [13] A. Well, it depends on what kind of information [14] would be helpful from my vantage point, and the position I [15] held, I didn't require, really, an awful lot of detail. I [16] just had to have the general description of the situation. [17] Q. Why wouldn't you need to know die detail of the [18] methods of disposal and die conditions at die North 80 site? [19] A. Well, that kind of information, one would need to [20] design a, a test program or to design a remediation program, [21] and I was not involved in that type of activity. P2]Q. Did you specifically request to see Page 238 [1] correspondence dial had been gadiered on die governmental P] agencies regarding die North 80? P] A. No. [4] Q. Do yourecall reviewing diis document? [5] A. No. [6] Q. Do you recall ever seeing it before today? [7] A. I do not remember it, no. [8] Q. Woidd die nature and extent of governmental [9] correspondence, or correspondence with die government [10] agencies have concerned you m or about 1982? [11] A. Well, the essence of the government's findings, [12] and statements, and positions would have been of interest to [13] me, certainly, but the details that might appear in the [14] correspondence, although interesting, would not necessarily [15] be helpful, so I didn't really need it for my job. [16] Q. Do you know why it would be sent to you? [17] MR. SARFATTl: Objection; undefinedterm, "it." [18] A. We're talking about this document and why it [19] would be sent to me. [20] BY MR. MANTA: PI] Q. Yes. why dun document wvidd be sent to me (sic), [22] Exhibit 18.____________________________________ __________ _ Page 239 [1] A. Exhibit 18. Again, I can't put myself in the [2] shoes of the two authors. They just felt that 1 might be P] interested, and here it is; you can read it or pitch it. [4] Q. Was it part of your job as Director of [5] Environmental Operations to follow die progress of any [6] investigations diat were taking place regardnig die North [7] 80? [8] A. Yes, sir. [9] Q- Could diis have beat sent to youwidi regard to [10] that responsibility, "diis" being Exhibit 18? [11] A. Well, it could be, but 1 don't know that these [12] environmental engineers were aware of what my responsibility [13] was and what would motivate them to put me on that list, I [14] can get that information from my own staff member who [15] followed this kind of work. [16] Q. But you would view it as pari ofyour job to [17] follow die investigation of the Nordi 80; is diat right? [18] A. Yes, primarily through my staff people. [19] (Papageorge Deposition Exhibit 19 marked for [20] identification.) [21] BY MR. MANTA: [22] Q. Looking at what has been marked for Page 240 [1] identification as Exhibit 19, Papageorge Exhibit 19, it is [2] an April 20, 1982, memorandum. The subject is "MCI Site P] Rankings -- Groundwater Vulnerability. " There is a "cc" I [4] reference to Mr. W. B. Papageorge. Is dial you, sir? ' [5] I [6] A. Yes. Q. And die indication to the right, G4WA, is your j [7] ojjice address? j [8] m A. Yes. Yes. Q. Can you tell me if you've ever seen diis document ACE-FEDERAL REPORTERS, INC. 202-347-3700 Page 233 to Page 240 WATER PCB-SD0000063685 BSA Depo of: WILLIAM PAPAGEORGE Monsanto v Aetna January 14, 1993 CR: 54035,0 XMAX(IO) [10] before? [11] A. 1 don't remember it, but - [12] Q. Do you recall meetings or discussions regarding [13] groundwater vulnerability at the North 80? [14] MR- SARFAl l l: Objection; undefined term. [15] A. 1 don't recall meetings with the subject [16] vulnerability at North 80. I recall discussions of the [17] North 80, and the State's interest in the site, and the [18] activities taken to alleviate those situations. [19] Q. Can you tell me when those discussions took [20] place? [21] A. Through this period we've talked about, latter [22] part of the '70's, early '80's._______________________________ Page 241 [1] Q. And can you tell me at what meetings it would [2] have been discussed at? [3] A. I didn't say they were meetings; I would say [4] discussions were held. There might have been two or three [5] people sitting around a table, talking about it, or talking [6] about it as we walked the plant streets or as we walked on [7] the site. [8] Q. Can you tell me anything about die discussions? [9] A. I thought we reviewed that. [10] Q. I'm asking specifically about the - what was [11] said. [12] A. What was said. Well, I can review them. It's an [13] old site; there are wastes under is the surface; it was [14] inactive; the State people had expressed an interest in it [15] because they claimed they saw some seepage. This is the [16] kind of discussion that was held. [17] Q. But you, l think, had said that you didn't recall [18] any - anyone from Monsatuo telling you that there was [19] seepage at the North 80. Is that right? [20] A. I said Monsanto people informed me of the State's [21] contention that there was seepage. I don't recall in that [22] period of time that Monsanto had conducted any kind of Page 242 [1] studies to determine whether or not seepage was really [2] occurring. [3] Q. Could you turn the page, and looking at the [4] fourth paragraph, the third under the headbtg 'Texas City, " [5] it says, "After the discovery of a relatively small area of [6] seeps on die east bank of the lagoon, a larger area of [7] seepage has been observed on die west bank of die lagoon. [8] The exact location of all waste disposal pits is not known. [9] Varied wastes are known to exist on both die landward and [10] seaward side of die seawall, " and dien die next paragraph [11] says, "The lagoon into which die observed seeps are [12] discharging is classified as a recreational body of water, [13] used for water contact sports and fishing." [14] My question is, does diat refresh your [15] recollection as to whedier or not you were told diat die [16] North 80 was, m fact, seeping? [17] A. This fits the report I got regarding the State's [18] description of the situation. [19] Q. Did you have any reason to - did Monsanto have [20] any reason to dispute die State's description? [21] MR. SARFATtT: Objection; lack of foundation.1 11 [22]________ A. There's no reason to dispute it or to agree with Page 243 [1] it. They just were in no position, had no additional [2] information to help them. This is why you see the last [3] sentence, "Current situation is under evaluation." [4] BY MR. MANTA: [5] Q. Did you, in any of die discussions regarding die [6] North 80, discuss Monsatuo`s potential liability for die [7] site? [8] MR. SARFATTI: You are making that question [9] unlimited as to time? [10] MR. MANTA: Well, limit it to the period '77 to [11] '83. [12] A. Well, the possibility that Monsanto may have to [13] be involved with some expenditures to do whatever was [14] necessary to correct a situation was certainly discussed. [15] That's it. That's the only type of liability I was aware [16] of. There was another, there was I, I believe I'm [17] correct - yes, my rnanory is coming back. There was a, an [18] operator of a bah shop involved. I don't recall the [19] details, but as I remember, he was contending that his [20] business was suffering because of this situation. [21] BY MR. MANTA: [22] Q. And there was a concern for potential liability Page 244 [1] for diis bait shop claim? [2] A. There was this consideration, yes; ore we, are we [3] really affecting this person's livelihood, so on. [4] Q. And the claim by dte person in die bait shop was [5] dull die North 80 was somehow affecting his operation of die [6] bait shop? [7] MR. SARFATTI: Objection; undefined term, [8] "claim." [9] A. I don't know that this individual was [10] specifically mentioning the North 80 as distinguished from [11] the South 20. I just don't remember the details. All 1 [12] recall is that he was alleging that his business was not as [13] good as it used to be because of all the publicity regarding [14] that area. [15] BY MR. MANTA: [16] Q. Getting back to die first question of liability, [17] that liability, die concern for liability that was discussed [18] was a possibility diat die State was going to reqidre [19] Monsanto to do some remediation at the North 80? Is diat [20] right? [21] MR. SARFATTI: Objection; mischaracterization of [22] the testimony. Page 245 [1] A. There was a consideration given that if, in [2] truth, there was this situation that the State people [3] claimed, that eventually, some corrective action would have [4] to take place, and that would certainly involve Monsanto, [5] and that, of course, results in costs as a result of the [6] corrective action that would have to take place, so there [7] was this consideration. [8] BY MR. MANTA: [9] Q. Wasn't it, indeed, much more dian a possibility? [10] In fact, it nor a likelihood diat Monsanto was going to have [11] to do some remediation at die North 80 and that you were [12} aware of diis during dte period 1977 through '83? [13] A. I, I have a - it's difficult to, to measure the [14] degree of interest the State was having in pursuing this [15] matter, but Monsanto, in its evaluation of the situation, [16] took the approach that it was inevitable, it's coming; if we [17] don't do it fairly quickly and efficiently, it's going to [18] cost much more in the long run; we're better off grabbing [19] the bull by the horns and doing something. That's the [20] thought process that was followed then. [21] Q. And diat dioug/u process was during the time 1977 [22] to '83? Is duu riglu? Page 246 [1] A. In that period of time when 1 was close to it, [2] yes, uh-huh. [3] Q. Why did Monsanto want to act quickly with regard [4] to die North 80? [5] A. Well, it's, it's the considered opinion of those [6] that were managing this, this situation that delay really [7] doesn't make the matter any easier. If we, Monsanto, didn't [8] do something, it's likely or quite possible that the State [9] would feel they had to do something, which means hiring some [10] someone to do it and that someone really doesn't know as [11] much about the materials that are there as Monsanto does and [12] Monsanto can certainly benefit from its own experience in [13] terms of alleviating the problem, to taking whatever is [14] proper. [15] Q. It would be fair to say, would it not, that in [16] the period 1977 dirough 1983, sometime during diat period, [17] that Monsanto agreed to voluntarily clean up the North 80 [18] site to the acceptability, or to the standards that the [19] State was requiring? [20] MR. SARFATTI: Objection; undefined term, [21] "voluntarily." [22] A. Well, Monsanto did take, offer to take and did Page 247 [1] take action. It was voluntary in the sense that there was [2] no official piece of paper, so to speak, that said, "You [3] must do it or else" kind of thing. On the other hand, there [4] was a perception, which was quite realistic, that that piece [5] of paper would have come if Monsanto hadn't agreed to go [6] ahead and correct the situation, or if they didn't, someone [7] else would do it at, at a higher cost. There's no question Page 240 to Page 247 202-347-3700 ACE-FEDERAL REPORTERS, INC. WATER PCB-SD0000063686 BSA Depo of; WILLIAM PAPAGEORGE Monsanto v Aetna January 14, 1993 CR; 54035.0 XMAX(ll) [8] that it would have beat much more costly with a stranger [9] coining in trying to cope with the problem. [10] BY MR. MANTA: [11] Q. War it yotir perception that Monsanto war [12] complying with regulatory requirements set by the govenmteiu [13] and that they hadn't been sited by the government? That [14] piece of paper hadn't come? Is that right? [15] MR. SARFATTT: Objection; vague. [16] A. I, I am contused by your question, in that you [17] are implying that Monsanto was not abiding by regulatory [18] requirements. Monsanto's actions always attempted to follow [19] the regulations that existed at the time the actions were [20] taken. I don't think I understand your question. [21] MR. MANTA: I'm going to drop my question. [22] ______ MR, HUGHES: Mark, when it's a good time, I'm______ Page 248 [1] going to require a break, loo. [2] MR. MANTA: Okay, you want to take it now? [3] MR. HUGHES: That would make me happy. [4] MR. SARFATTT: Why don't we go off the record for [5] a second. [6] (Discussion off the record.) [7] BY MR. MANTA: [8] Q. I understand what you are saying, Mr. [9] Papageorge, there was tut question in anyone's mind at that [10] time that Monsanto was going to have to do some remediation [11] to comply with governmental requirements: is that right - [12] MR. SARFAi'll: Objection. [13] MR. MANTA: - during the period 1977 to 1983? [14] MR. SARFATTT: Objection; lack of foundation. [15] A. It's my recollection that the situation as it [16] related to this site was such that Monsanto felt that it was [17] appropriate for them to take the corrective actions required [18] to meet the understood State conditions that they would [19] settle for and that by doing it at that time, it not only [20] would correct the problem as defined by the State, but would [21] he done in a more economical fashion. [22] _____ Q. Can you tell me, looking at the first page of_________ Page 249 [1] this Exhibit 19, the rankings, there, what a public [2] relations ranking of "1" means? [3] A. You are going to have to ask the authors, here. [4] This is a two-man opinion kind of ranking. It does not [5] retlect a Monsanto or a bigger group. [6] Q. It represents, though, does it not, the [7] assessment by Monsanto employees of public relations [8] vulnerability or issues regarding the North 80? [9] A. It represents the opinion of two environmental [10] engineers addressing issues and attempting to wear a public [11] relations bat. I don't know how good those are, but that's [12] their personal opinion, nun-hmm. [13] Q. Did thev - Jo xott blow if they got any input [14] from public relations people at Monsanto? [15] A. I do not know. [16] Q. The title of this chart, the heading above the [17] chart is, "MCI Site Ranting - Groiuidwater Vulnerability. " [18] Does that give you any indication as to what the [19] public relations concerns were that would result in a number [20] 1 ranking for the North 80 site? [21] MR. SARFATTT: Objection; lack of foundation.1 11 [22]________A. It does not.________________________________________ Page 250 [1] BY MR. MANTA: ' [2] Q. Now, I believe you said you don't specifically [3] recall any meetings or discussions regarding these rankings [4] if groundwater vulnerability. Is that correct? [5] A. I don't know that - I don't recall any meetings. [6] I do not. [7] Q. How about discussions regarding this, this [8] ranking of groiuidwater vulnerability? [9] A. There was, to my knowledge or to my recollection, [10] there were no meetings that further discussed these [11] rankings. [12] Q. Do you recall whether or not you had participated [13] in any way with regard to the assessmetu or assignmeiu of [14] rankings to the North 80 site? [15] A. My only participation was to assign the task to [16] the two people who reported to me. [17] Q. What task did you assign to them? [18] A. I told them to prepare a list, just as the first I [19] paragraph indicates, because Mr. Throdahl asked for it, and [20] you will note the parenthetical, "Based on our best [21] judgmoit." It's a personal kind of evaluation, which is [22] really an I expected. It was a quick look, "How does it Page 251 [1] appear to you? Please let us know." That was the request. [2] Q. Did you find what was provided to you responsive P] to your request? [4] A. Yes. It fit pretty wen. [5] Q. Did you use this information in the regular [6] course of your business at Monsanto ? [7] A. Yes. [81 Q. Would you agree that die 'information there would P] be considered generally reliable by you? [10] MR. SARFAiTl: Objection; lack of foundation. [11] A. When you say "generally," I would suggest that [12] instead of generally reliable, was reliable enough for the [13] activity which followed this particular request, [14] BY MR. MANTA: [15] Q. Okay, what activity followed this request? [16] A. It was to inform Mr. Throdahl of what the [17] situation was like throughout the company, and it was [18] subsequently followed regarding an these sites, confirmed [19] that this was adequate. [20] Q. It was of sttfficietu reliability for Mr. Throdahl PU to rely on in the course of his job; is that right? P2]________ A. Yes, because he had to look at the broad picture Page 252 [1] and make a quick evaluation of the situation, P] corporate-wide. P] MR. MANTA: Okay, we can take lunch. [4] (Luncheon recess from 12:27 to 1:35.) [5] AFTERNOON SESSION [6] MR. MANTA: First, I'd like to address objections [7] that occurred throughout the morning session, which I think [8] are even more in the way of coaching objections than [9] objections that occurred previously. The objections I'm [10] referring to are objections on the defined term, undefined [11] term. [12] Now, I'm willing to offer you a standing [13] objection to all questions where you object on the grounds [14] that there is an undefined term. Are you willing to accept [15] that? [16] MR. SARFATTT: Well, since you can't bind other [17] defense counsel to the case [18] MR. MANTA: Why do I have to bind other defense [19] counsel? Why can't I ask you during my questioning of the [20] witness, so that I can question the witness the way I want [21] to question the witness for Liberty Mutual, that you [22] stipulate for my part of the questioning, and anybody else Page 253 [1] can question the witness in the manner that they wish, but I [2] wish to conduct the examination consistent with the P] discovery orders in this case. [4] MR. SARFATTI: Well, I think we all have that as [5] our objective. The problem that you raise is that other [6] defense counsel may very well rely on the record that's [7] being compiled during your examination, and if they're not [8] bound by a standing objection, then they will have an [9] opportunity to use that testimony as they see fit, without [10] regard to the objection. [11] MR. MANTA: Well, regardless of that fact, I [12] think that the objection [13] MR. HUGHES: Should we talk again, just briefly? [14] MR. MANTA: Okay. [15] MR. HUGHES: If you don't mind, Steve. You do [16] mind. [17] MR. SARFATTI: I'd rather just get on with it, [18] because we're not going to [19] MR. MANTA: Well, let's talk for two minutes [20] outside. [21] (Whereupon Mr. Sarfatti, Mr. Manta and Mr. [22] Hughes left the deposition room briefly and Page 254 [1] returned.) [2] BY MR. MANTA: I P] Q Okay. Mr. Papageorge, I'd like to ask you when I [4] you first became aware of groiuidwater contamination at the j [5] North 80. I [6] MR. SARFATTT: Objection; no foundation. ACE-FEDERAL REPORTERS. INC. 202-347-3700 Page 247 to Page 254 WATER PCB-SD0000063687 BSA Depo of: WILUAM PAPAGEORGE Monsanto v Aetna January 14, 1993 CR: 54035.0 XMAX(12) [7] A. YVhea did I? [8] BY MR. MANTA: P] Q. Mm-hmm. [10] A. I thought we covered this. It was sometime in [11] the period - let me think a bit, now. '78 is as close as [12] my recollection can help me recall. [13] Q. Can you tell me what the source of the [14] information was that the Texas City North 80 site had [15] contaminated groundwater? [16] A. The source of the information to me? [17] Q. To you. [18] A. I don't recall the individual that informed me of [19] this at all. [20] Q. Can you tell me why you think it vwit 1978 for the [21] North 80? [22] A. I relate that to the fact that 1 was assigned as Page 255 [1] Director, Environmental Operations in late '77, and as best [2] I recall, within about a six-month period, I was in the job [3] long enough to have made some initial contacts with the [4] Texas City plant and its people, and it's at about that [5] time, as best I recall, that the North 80 and South 20 sites [6] were brought to my attention. [7] Q. You say brought to your attention; do you mean [8] the situation of groundwater contamination was brought to P] your attention at about that time? [10] A. That was part of the discussion, yes, sir. [11] Q. And when you say `discussion," in what context [12] did that discussion take place? [13] A. I don't, of course, recall all of the details, [14] but the discussion included the reference and the [15] terminology North 80 and South 20, and what that terminology [16] described, and where was it located, and what was it, what [17] service did it perform in the past, was it active currently, [18] that type of discussion, and along with that was the fact [19] that the information was given me that the State had [20] indicated that there was some seepage. [21] Q. Was the seepage, to your knowledge, related to [22] the groundwater contamutation ? Page 256 [1] A. At this point in time, I don't recall that the [2] correct terminology for that seepage would have been related [3] to groundwater. It could have, it could have been a seepage [4] without involving groundwater. [5] Q. Getting back to my earlier question about when [6] you first became aware of groundwater contamination at the [7] North 80, you had indicated that it was in about 1978, you [8] believe. Do you recall whether it war through information P] obtauted through a groundwater study by one of Monsanto's [10] consultants that you learned that there war groundwater [11] contamutation at the North 80, in and about 1978? [12] A. I hope - I didn't intend to mislead. In '78, I [13] was not aware of groundwater associated with the seepage. I [14] didn't mean to imply that. I do recall that later on, some [15] studies were made, but today, I don't recall the details of [16] those studies. [17] Q. My question is, how did you learn in 1978 that [18] there war groundwater contamutation at the North 80? And [19] maybe it would help you to ttnderstand that - well -- [20] MR. SARFAl 11: Objection. That's not a question. [21] MR. MANTA: Let me have it read back to me. [22] THE COURT REPORTER: Page 257 [1] "Q. My question is, how did you leant in 1978 [2] that there was groundwater contamination at the North 80? [3] And maybe it would help you to understand that [4] BY MR. MANTA: [5] Q. Okay, you said earlier that the seepage, you did [6] not mean to equate the seepage with the groundwater [7] contamination; is that right? . [8] A. I didn't intend to do that equation, no. P] Q. Okay, and nty initial question was when you had [10] learned abota groundwater cotuamuiation, / had asked you [11] abota seepage earlier today. My question now is [12] specifically directed to groundwater contamination and when [13] you first became aware of groundwater contamination at the [14] North 80. [15] A. Oh. [16] MR. SARFAl 11: Objection; lack of foundation. [17] BY MR. MANTA: [18] Q. And as l understood your answer previously, you [19] said 1978, and what I'm looking for is what information was [20] provided to you to tell you there was grotmdwater [21] contamination at the North 80 in 1978. [22] A. Okay, 1 tried to respond earlier and I perhaps Page 258 [1] didn't make it dear. When I refer to the 1978 date, I [2] didn't mean to confuse my awareness or information that I [3] had received about seepage and associate that with [4] groundwater. I didn't intend to do that. If I did, it was [5] wrong. [6] In '78, I was made aware of, really, alleged [7] seepage problems, alleged by State representatives. The [8] groundwater information that I eventually received is more P] likely to have been brought to my attention in the early [10] '80's, two to three yean later. [11] Q. Now, how did you find out ut the early 1980's [12] about the groundwater contamination at the North 80? [13] A. Well, as best I remember, there was a, a [14] consulting company requested by Monsanto to make a study, [15] and in their evaluation, they came up with some information [16] that led us to believe that waters quite a distance below [17] the surface did contain some chemicals. I don't remember [18] which chemicals, I don't remember the depth of the test [19] wells. [20] Q. It was more than information which led you to [21] believe the fact of groundwater contamination. Was it not [22] studies that had determined that there was, in fact, Page 259 [1] groundwater contamination ? [2] A. Well, that's what I thought this study was about. [3] Q. I understand, but your answer said that they had [4] provided you some information which led you to believe that [5] waters quite a distance below the surface had some chemicals [6] in them, and what I would like to know is, isn 't it true [7] that the study that was done did, in fact, determine that [8] there was groundwater contamutation? P] MR. SARFA1T1: Objection; vague. [10] A. Isn't that what I said? Maybe not in those [11] words, but [12] BY MR. MANTA: [13] Q. Is that what you meant? [14] A. I indicated that samples were taken at some depth [15] below the surface which would define that water as a [16] groundwater as distinguished from puddles of rainwater [17] collected at or near the surface. [18] The fact that I mentioned that chemicals were [19] found in samples of water taken from these drilled holes [20] into the formation would indicate that that water at that [21] level, defined as groundwater, did contain chemicals.1 11 [22] Q. Let me ask this, and I'm just going to ask ifyou Page 260 [1] could answer it yes or no, ifyou know, to this question. [2] In the early 1980's, did a consulting firm determine that P] there nut groundwater contamutation at the North 80 site? [4] A. Yes. [5] Q. Can you tell me who that grotmdwater consultant [6] was? [7] A. I just don't remember the specific company, no. [8] Q. Okay. Can you tell me wften Monsanto acknowledged P] that there was seepage at the North 80? [10] A. I don't remember the date, but it was really [11] based on the report received from this consulting firm, so [12] I'd have to see a copy of that report to establish the time. [13] Q. Had Monsaiuo looked into the allegations of the [14] Scale that were made in the late `70's, approximately 1978, [151 concerning seepage, at the time that the allegations were [16] nutde? [17] MR. SARFATTI: Objection; lack of foundation. [18] A. Wefl, from Monsanto's viewpoint, the fact that [19] arrangements were made for a contractor to come to the scene [20] and do this is the follow-up to confirm or determine whether [21] or not the allegations were accurate, appropriate. [22] BY MR. MANTA:____________________________ __________ Page 261 [1] Q. You don 7 know whether or not prior to your [2] assuming the position of Director of Environmental P] Operations in 1977, whether Monsanto had acknowledged that [4] there was some seepage at tlte North 80; is that right? [5] A. That is true. Page 254 to Page 261 202-347-3700 ACE-FEDERAL REPORTERS, INC. WATER PCB-SD0000063688 BSA Depo nf: WILLIAM PAPAGEORGE Monsanto t Aetna January 14, 1993 CR: 54035.0 XMAX(13) [61 Q. Are you aware of any other investigation into the [7] seepage at the Nonit 80 other thatt the consultant [8] investigation that you had mentioned which had discovered [9] the groundwater contamtnation? [10] A. I am not. [11] Q. Was the North 80 remediation program that [12] Monsanto embarked on pan of Monsanto's greater effort in [13] accordance with Monsanto's worldwide policy guidelines, to [14] he a good corporate citizen and first address the issue of [15] getting these sites cleaned up? [16] MR. SARFAT11: Is that the end of your question? [17] MR. MANTA: Yes. [18] MR. SARFAl'll: Objection: lack of foundation. [19] A. Well, certainly - well, like many actions, there [20] are more than one objective. Certainly, the objective to be [21] a good corporate citizen was involved and part of the [22] consideration -_____________________________________________ Page 262 [1] BY MR. MANTA: [2] Q. My question - [3] MR. SARFAl'l l: Wait. I don't think the witness [4] is finished with the response. [5] MR. MANTA: But I'd like to clarify my question, [6] if I could. [7] MR. SARFA'lTl: Well, let him finish with his [8] response, and then you can clarify the question if you need [9] to, but I don't think he's finished with the response, and I [10] don't think it's courteous to cut him off. [11] MR. MANTA: 1 understand what he's saying, and [12] I'm going to reask the question so that - [13] MR. SARFATTI: You want-to withdraw the question? [14] MR. MANTA: Yes, I'm going to reask the question. [15] That's what I'm going to do. I don't think there's anything - [16] MR. SARFATTI: Well, please wait until after he [17] completes his response to the question that you've asked. [18] MR. MANTA: I don't think it is in anyone's [19] interest to have the witness answer a question that I think [20] he's misunderstood, and I don't think that it is anyone's [21] interest to have him go on at length about that, so - [22] _____ MR. SARFATTI: I think it's in everybody's____________ Page 263 [1] interest for the witness to respond to your questions as [2] best he can. [3] MR. MANTA: Okay. [4] MR. SARFATTI: And if you don't like his response [5] or you don't think it's responsive, you can either move to [6] strike or reformulate a question, but please let him finish [7] his responses. [8] MR. MANTA: I wasn't attempting to cut you off, [9] Mr. Papageorge. I sensed that my question was not precise [10] enough, and I wanted to reformulate it. [11] BY MR. MANTA: [12] Q. And what I'd like to ask is, Monsanto had a very [13] specific guideline, as pan of its Worldwide Etwirotunental [14] Protection Guidelines, that dealt with the cleatutp of [15] hazardous waste sites. Is that correct? [16] A. Yes, sir. [17] Q. Okay, and that guideline was designed - Well, [18] strike that. [19] Mottsanto, as part of that guideline, had decided [20] that it wanted to be a good corporate citizen and [21] voluntarily clean up some hazardous waste sites or certain1 11 [22] lutzardous waste sites; is that right?___________________________ Page 264 [1] MR. SARFATTI: Objection; lack of foundation, [2] vague. [3] A. I have a problem with our mutual understanding of [4] the expression "good corporate citizen." [5] BY MR. MANTA: [6] Q. Okay. [7] A. I don't know what is meant by that in your [8] question. [9] Q. Well, I'm taking U from the guidelines, [10] themselves. I recall that phrase being, being used in tltem, [11] and what I'm asking is. simply, was the remediation program [12] at North 80 part of Monsanto's more general worldwide policy [13] guideline to voluntarily clean up certain hazardous waste [14] sites? [15] MR. SARFATTI: Objection: lack of foundation and [16] vague. [17] A. Defining "voluntarily"as being asituation where [18] Monsanto makes the decision to take action without the, the [19] usual legal types of pressures that can be instituted under [20] many conditions, this does not mean that these potential [21] pressures weren't being perceived at the time that decision [22] was made to voluntarily do something. These guidelines you Page 265 [1] referred to did acknowledge that some activity would take [2] place along the lines you just described. [3] Go ahead. [4] BY MR. MANTA: [5] Q. And would those linesthat [described bethe [6] remediation of North 80? [7] A. One of the objectives of the activity that was [8] implemented at North 80 did include that, yes, sir. The [9] others, of course, were economic, because it's a very strong [10] opinion amongst Monsanto management that corrective actions [11] of this type performed by the industries that know about [12] those chemicals can be considerably more economically done [13] than having strangers called in from remote locations to [14] bring in their bulldozers, and what have you, and start [15] mucking around and creating costs that are really [16] unnecessary. [17] Q. Was the issue of cost part of Monsanto's [18] worldwide guideline on the issue of voluntary cleanup? [19] A. It's - economics is always a part of any [20] business decision, yes, sir. [21] Q. Do you recall if it was implicit in the [22] guidelines, or was it explicit, that the reason for Page 266 [1] voluntary cleatutp nor to avoid larger costs down the road? [2] A. Well, it was implicit in that those words were [3] not typed up on a piece of paper when the guidelines were [4] put together. [5] Q. It wouldn `t have been good public relations, [6] would it, to say that the reason Monsanto had decided to [7] voluntarily clean up sites is to avoid greater costs down [8] the road? Is that right? P] MR. SARFATTI: Objection: lack of foundation. [10] A. Well, I think you'd have to ask a public [11] relations expert, but 1 could see a statement like that as [12] being positive. [13] MR. MANTA: The next party favor. [14] (Papageorge Deposition Exhibit 20 marked for [15] identification.) [16] BY MR. MANTA: [17] Q. Looking at what has been marked for [18] identification as Papageorge Exhibit 20, it is a November [19] 30, 1982, memorandum entitled, or subject, 'Texas City [20] North-80 Status, " bearing Bates number CBY1900756 through [21] CBY 1900772. [22] There's a reference to Mr. VV. B. Papageorge. Page 267 [1] Would that be you, sir? [2] A. I am listed as an addressee, yes, sir. [3] Q. And the G4WA indication is your mailittg address [4] in St. Louis? [5] A. It does. [6] Q. Was that a "Yes"? Is that "Yes"? [7] A. I said "It does." [8] Q. Oh, it does indicate that? P] A. Yes. [10] Q. I d like you to read that first paragraph and [11] then I'd like to ask you a question, if I could. [12] (Witness peruses said document.) [13] A. I have read the paragraph just above the author's [14] signature. [15] BY MR. MANTA: [16] Q. The reference in the paragraph is to a [17] presentation that was going to occur in St. Louis on [18] Tuesday, December 14th, starring at 2:00 p.m., and given the [19] date of the memorandum, I would assume that it was Tuesday, I [20] December 14th, 1982. Did you attend this presentation? ] [21] A. I do not clearly recall attending. That doesn't I [22] mean that 1 attended or did not attend. i Page 268 i [1] Q. If l were to ask vott in December of 1982 whether ! [2] you attended this presentation, would you likely be able to P] give me an answer? | [4] MR. SARFATTI: It depends whether you ask the ACE-FEDERAL REPORTERS, INC. 202-347-3700 Page 261 to Page 268 WATER PCB-SD0000063689 BSA Depo of: WILLIAM PAPAGEORGE Monsanto y Aetna January 14, 1993 CR: 54035.0 XMAX(14) [5] question before the 14th of December. [6] BY MR. MANTA: [7] Q. Assuming l asked the question after the 14th of [8] December. [9] A. Under those conditions, 1 should be in a position [10] to likely respond, yes. [11] Q. Would you also likely be able to tell me who [12] attended? [13] A. If I attended the meeting, I would - yes, I [14] would be in a portion to. [15] Q. And you would also be in a position to tell me. [16] wouldn't you, what had transpired during the meeting? [17] A. Yeah. This is all hypothetical, as you know. [18] Q. Yes, ifyou had [19] A. Creating a scenario, yes. [20] Q. But at the present time, as we sit here today, in [21] 1993, you can't tell me whether or not you attended litis [22] meeting on December 14th, 1932, assuming that it occurred? Page 269 [1] A. I cannot. I don't know if I was even in the, in [2] the office then. [3] Q. I'd like you to atm to the second-to-last page, [4] and this looks like possibly an overhead projection type of [5] slide or outluie that may have been handed out at the [6] meeting. [7] Do you recall ever seeing this outtine before? [8] A. I do not. [9] Q. Underneath the heading "Woodward-Ctyde [10] Signijicatu Fuutings" are the items there consistent with [11] your recollection of what the consultant had discovered with [12] regard to the North 80 site in the early 1980s? [13] A. These hems are a bit more specific than my [14] recollection will help me recall, really. 1 do recall a [15] reference to chemicals in water samples taken from test [16] wells, indicating that water below the surface [17] groundwater, in other words - did contain chemicals. I do [18] not - I'm in no position today to say that these statements [19] are exactly what 1 remember about h because I really don't [20] remember. [21] Q. When you say chemicals in the groundwater, do you [22] mean contamination ?_________________________________________ Page 270 [1] A. Well, I want to be sure that we exclude the [2] chemicals normally associated with that bed of water that's [3] down there, so when the analysis is made, those chemicals [4] and others are reported by the chemist. [5] Q Okay. Was it your understanding that the [6] contamination of the grotatdwater had occurred as a result of [7] the wastes that were deposited at the North 80 site? [8] A. No, my understanding was that the water was taken [9] in the vicinity of the site. Chemicals not normally [10] associated with groundwater at that level were detected. [11] At this point in time, one could only speculate [12] where those chemicals may have come from, and [13] Q. Is [14] MR. SARFATT1: Wait a minute. 1 don't believe [15] he's finished. [16] MR. MANTA: Cm sorry. [17] A. (Continuing) It could have come from the site, [18] itself, or it could have come from a distant location and [19] the groundwater worked its way through the she, so that [20] question had yet to be answered. [21] BY MR. MANTA:1 11 [22]________Q. In 1982, what other sources of groundwater__________ Page 271 [1] contamination at the North 80 were considered, other tlum [2] contamination resulting from the wastes that were deposited [3] at the site? [4] A. Again, I'd like to remind you, I'm not a [5] hydrogeologist, but knowing that that total area is a, an [6] industrial area, there are sites nearby other than [7] Monsanto's plant. There are refineries, and so on, up and [8] down that area. Finding a chemical in groundwater doesn't [9] necessarily indicate with a high degree of confidence that [10] that chemical came from that specific she. It could have [11] come from miles away, so a good evaluation of the total [12] system has to include consideration of sources other than [13] that immediate she. [14] MR. MANTA: Could I have my question read back? [15] THE COURT REPORTER: [16] [17] , [18] ; [19] j P0] I P1] j P2] "Q. In 1982, what other sources of groundwater contamination at the North 80 were considered, other than contamination resulting from the wastes that were deposited at the site?" BY MR. MANTA: Q. My question was what other sources. Can you identify the other sources specifically, other than to say Page 272 [1] just industry was in the area? [2] MR. SARFAl 11: Objection: lack of foundation. [3] A. In 1982, that information was not available. The [4] consideration was given to the possibility that these [5] materials found in the water which were not considered I [6] naturally-occurring ingredients, could hare come from ' [7] sources other than the landfill, itself, and that would call [8] for further study, j [9] BY MR. MANTA: ; [10] Q. I would tike you to look through this outline and i [11] tell me if there 's any indication that there was any other [12} source for groundwater contamination at the North 80 other i [13] tlum the wastes deposited at the North 80. [14] (Witness peruses said document.) [15] A. Unless I missed h somewhere, the only reference [16] I see to groundwater is on the page entitled "Woodward-Clyde [17] Study Signifirant Findings." There is a dot foDowed by the [18] word "groundwater" and "soil contamination." That's the [19] topic. There's nothing in this document that helps me I [20] determine what was said under that particular dot. | [21] I don't see anywhere in the report that the [22] chemicals analyzed in that water came from the site or Page 273 [1] elsewhere. There is nothing, unless I'm not reading i pj carefully, that specifically identifies the source of those | P] chemicals. ! [4] Can youhelp me findthat? i [5] MR. MANTA: I'd like to have my question read ! [6] back. i [7] THE COURT REPORTER: ; [8] "Q. I would like you to look through this I [9] oudine and tell me if there's any indication that there was : [10] any other source for groundwater contamination at the North j [11] 80 other than the wastes deposited at the North 80." [12] (Witness peruses said document.) [13] MR. SARFATTT: I'm not sure who is waiting for i [14] who. Are you waiting for another question or are you i [15] waiting for Mr. Papageorge to - [16] MR. MANTA: Oh, I thought my - [17] THE WITNESS: He read you the question. [18] MR. SARFATTT: The question was read back. You [19] have been flipping through the document. | [20] BY MR. MANTA: I PH Q. I guess I don`t precisely understatul your answer, I [22] and I would tike you to listen to my question again attd tell j Page 274 i [1] me what your answer is. [2] THE COURT REPORTER: ; P] "Q. 1 would like you to look through this , [4] outline and tell me if there's any indication that there was [5] any other source for groundwater contamination at the North i [6] 80 other than the wastes deposited at the North 80." | [7] MR. SARFATTI: Asked and answered. I [8] BY MR. MANTA: ! [9] Q. You can answer. j [10] A. I thought I answered. I have looked through the i [11] document. I find, first of all, there is no reference to [12] groundwater associated with the site, the words contained in [13] your question, because you said "other than those found with [14] the site." This report doesn't say that; at least, I don't [15] see it, and I could be corrected on that. i [16] There is a reference on one of the pages [17] referring to the topic of groundwater contamination. This [18] document does not tell me anything regarding what was [19] covered under that topic. There is no reference to P0] contaminated groundwater that refers it as being associated [21] with any site, whether it be the site designated at North 80 P2] or some other site at some distance from the North 80 Page 275 [1] position. P] BY MR. MANTA: P] Q. Well, if we assume - look at the title page; it Page 268 to Page 275 202-347-3700 ACE-FEDERAL REPORTERS, INC. WATER PCB-SD0000063690 BSA___________________________ Depo of: WILLIAM PAPAGEORGE Monsanto v Aetna January 14, 1993 CR: 54035.0 XMAX(15) [4] says, "North 80 Site Presentation" - that this document is [51 'hat it refers to he, lluu it is authentic, that ail the [6] pages are here, lluu it is a, it is an outline of sorts on [7] the North 80. the presentation tluu mas made on the North [X] 80. from this outline, is there any indication to you tluu [9] any discussion took place regarding sources of contamituuion [10] other tlum the North 80, itself? [11] A. Of what? Contamination of what? [12] Q. Contamituuion of the groutuiwater. [13] A. Groundwater. I don't see anything here - and I [14] think I read it fairly carefully - that specifically says, [15] "We have found a material we are going to define as a [16] contaminant, it's not groundwater, found at this level, and [17] is definitely associated with the North 80," I don't see [18] anything in here that, that leads me to that. [19] Q. Can you tell me if any specific altenuite sources [20] of groutuiwater contamination for the North 80 were [21] identified in approximately 1982? [22] A. I don't recall any. That doesn't mean it Page 276 [1] Inippened or didn't happen. [2] Q. As we sit here today, are you aware of any other [3] sources of contamination of the North 80 groundwater and [4] soil other tlum the wastes deposited at the North 80 site7 [5] A. I'm not aware of either source you just [6] described. I'm sorry, I'm not - I don't recall information [7] that helps me remember contamination of groundwater from die [8] site, itself, or other sources. [9] Q. My question is only sligluly different, atui tluu [10] ir, as we sit here today, can you tell me if you are aware [11] of any other source of groutuiwater contamituuion atui soil [12] contamituuion at the North 80 other tlum the wastes [13] deposited at the North 80? [14] MR. SARFAlTl: Objection; asked and answered. [15] A. I indicated I don't remember the other sources, [16] nor do I remember the contamination from the site, itself. [17] BY MR. MANTA: [18] Q. What - is there anything tluu i could show you, [19] any document tluu would help refresh your recollection as to [20] the existence of any sources other tlum the North 80, [21] itself for soil atui groutuiwater contamituuion? [22] A. Sir, I can't describe a document unless I know_______ Page 277 [1] one exists. If there is one prepared by some reputable [2] group, I would be happy to look it over and give you my, my [3] understanding after I've read it. I don't know of any [4] document that exists that I could identify for you and have [5] you find it for me. This is no different than many, many [6] other reports. [7] Q. Am I correct in saying tluu as we sit here today, [8] you are not aware of any document tluu identifies any other [9] source of contamituuion other than the wastes tluu were [10] deposited at the North 80? [11] MR. SARFAlTl; Objection: mischaracterization of [12] the testimony and irrelevant. [13] A. You used the word "unaware." I do not recall any [14] such document. [15] BY MR. MANTA: [16] Q. Is there any person tluu I could speak with tluu [17] would be able to tell me if there is any other source of [18] contamituuion at the North 80, groiuuiwaler or soil [19] contamination? [20] A. I don't know of any specific person. I would be [21] tempted to go back to the individuals that, that were [22] involved personally with that activity, as shown on all1 11 ! Page 278 [1] these documents that we've been looking at; the plant [2] manager, his staff, his consultants, and I don't know which [3] of those, maybe a hundred people may have that piece of [4] information. [5] Q. Isn 7 it true tluu any discussions tluu concerned [6] altenuite sources of contamituuion other tlum the wastes [7] other alternate sources of soil and groutuiwater [8] contamituuion at the North 80 other than the wastes m deposited at the North 80 were in the abstract and not [10] related ut any specific source tluu lutd been identified? [11] A. Oh, I can't speak to that; don't know. I don't [12] know what the individuals who raised that possibility had in [13] mind regarding other potential sources. [14] Q. What individuals raised that possibility? [15] A. Again, it's a roomful of people that are all [16] adding their comments, and plant people, of course, knew all [17] their neighbors, they knew all the tank farms, the petroleum [18] refineries, the trucking linns, the spills that have [19] occurred on roadways, everything that took place in that [20] area through the years, decades, could be sources. [21] Q. Am I correct - [22] A. Go ahead. Page 279 [1] Q. Am I correct in saying tluu you cannot identify a [2] single person, document tluu identifies any source of P] cotuamination at the North 80, groutuiwater and soil, other [4] tlum the wastes deposited at the North 80? [5] MR. SARFAl II: Objection; lack of foundation. [6] A. I don't know that I said that. All I said is [7] that - [81 Q. I'm not saying you said tluu; I'm just asking the m question. [10] A. Chemicals were found in groundwater. The source [11] of those chemicals - and by chemicals, I'm now referring to [12] those that were not believed to be naturally occurring in [13] that groundwater - one likely source would be that site, [14] the North 80 site. There are other potential sources. I [15] indkated that I didn't recall who raked that point at the [16] meeting, but it was a consideration that was, to the best of [17] my knowledge, pursued by either the plant people, or their [18] consultants, or jointly. [19] Q. The consideration that was raised, was tluu a [20] consideration tluu was raised as a possibility in the [21] abstract, ue should look to see if there's other possible [22] sources? Page 280 [1] A. I don't know - excuse me, I don't know what you [2] mean by "the abstract." Eventually, the intent was to come P] up with corrective action. The type of action taken depends [4] on how good the information you have is. If that source of [5] contamination is coming from three miles upstream of [6] something, it could be that the corrective action being [7] considered wouldn't solve the problem, so in order to come [8] up with the best solution, you have to have as much [9] information if you can as to where the contamination is [10] coming from, and this is why that thought was raised and was [11] pursued. [12] Q. The thought being we should identify atui see if [13] there are sources of contamituuion other than the site? [14] A. Certainly. [15] MR. SARFATTl: Objection; mischaracterization of [16] his testimony. [17] BY MR. MANTA: [18] Q. Uhinuuety, no other sources of contamination for [19] the North 80 groundwater and soil were ever discovered. Is [20] tluu correct? . [21] A. I don't know. I don'tremember. [22] BY MR. MANTA: Page 281 [1] Q. Are you aware of any corrective action that [2] addressed any sources of contamination other than the wastes [3] deposited at the North 80 site, itself? [4] A. I'm at a disadvantage because I don't remember [5] what corrective action was taken. Therefore, I don't recall [6] if that corrective action was such that it took care of any [7] chemicals coming out of the North 80 site, itself, and/or [8] neighboring sources other than the site. Not knowing the [9] corrective action taken or not remembering, I really cannot [10] answer your question. [11] Q. Did you or were you ever aware of die specific [12] corrective action tluu was taken at North 80? [13] A. Oh, yes. I remember the activity, but I really [14] don't remember what was done. [15] Q. As best you can, could you tell me wluu you [16] recall about the corrective action that was taken at the [17] North 80? [18] A. All I know is buUdozers, and shovels, and [19] trucks, and that sort of activity, but I don't, I really [20] don't know what they accomplished. [21] Q. If I, again, were to be asking these questions in [22] atui about the time tluu the corrective action took place, Page 282 [1] would you be able to provide me answers to that question? ACE-FEDERAL REPORTERS, INC. 202-347-3700 Page 275 to Page 282 WATER PCB-SD0000063691 BSA Depo of: WILLIAM PAPAGEORGE Monsanto v Aetna January 14, 1993 CR: 54035.0 XMAX(16) [2] A. I'd like to think I could, yes, sir. [3] Q. Isn 'l it true that if l was asking you these [4] questions at the time the remediation took place, that you [5] would be able to tell me whether the corrective action did, [6] in fact, address any source of contamination other than the [7] wastes deposited at the site, itself? [8] A. Yeah, this assumes that other sources were [9] identified and the action takoi to stop that, yes, I could [10] answer that, but if no such information was available and no [11] action was taken because it didn't need to, then of course, [12] 1 couldn't tell you, [13] Q. But it is the passage of time and the fading of [14] memories over that time is the reason that you can't tell me [15] whether or not corrective action addressed any other source [16] other than the North 80 site, itself; is that right? [17] A. That is correct, [18] (Papageorge Deposition Exhibit 21 marked for [19] identification.) [20] (Witness peruses said document.) [21] BY MR. MANTA: [22] _____ Q. Mr. Papageorge, looking at what has been marked Page 283 [1] for identification as Papageorge Exhibit 21, it is a [2] December 10, 1982, memorandum. The subject is "Anticipated [3] Litigation." Reference is to North 80 site, bears Bates [4] number MCO 0345526 - MCO 00345527. [5] MR. SARFA'lTl: Before you start asking questions [6] about this document and the subject matter of it, can I ask [7] tor a standing objection to documents such as this and to [8] any questions about documents like this on the basis of the [9] attorney-client and work product privileges? Recognizing [10] that to the extent that information otherwise privileged [11] under the attorney-client work product privileges, by virtue [12] of the in-issue ruling in this case is properly the subject [13] of discovery, I wish to avoid any waiver of the privilege as [14] to the outside world, so that if I can have a standing [15] objection as to documents like this and questions that would [16] otherwise lead to responses containing privileged [17] information, I need not each time raise the objection [18] without waiver of the privilege as to non-parties to this [19] litigation. [20] MR. MANTA: I will grant you a standing [21] objection. [22] _____ MR. JOHNSON: Can 1 just ask what you mean by Page 284 [1] "documents like this"? [2] MR. SARFA1T1: Well, this is clearly a document [3] that refers to anticipated litigation. It's drafted by [4] someone - I think everybody here at the table [5] understands - is a Monsanto attorney. If you want me to [6] identity each document where I feel that the standing [7] objection would apply, I'll be glad to, but this seems to be [8] a classic one. I don't think there's any mystery about it. [9] MR. JOHNSON: Yeah. I'm not suggesting that this [10] isn't a classic one, I'm just concerned about a standing [11] objection. You are asking for all documents that - I think [12] the words you used were "looked like this one," and I don't [13] quite know what you mean bv that. [14] MR. SARFATTI: Okay. [15] MR. HUGHES: Why don't you just identify [16] MR. SARFATTI: I could do that or I could do it [17] by category, any document generated by an attorney to [18] Monsanto officials, any document generated by Monsanto [19] officials to an attorney -- [20] MR. HUGHES: Why don't you just say if you see [21] one that you consider this one of the in-issue documents and [22] your prior statement concerning having a standing objection1 11 Page 285 [1] as to the outside world and we ll all agree to that, 1 [2] think. [3] MR. SARFATTI: As long as it's understood that [4] when 1 make that designation, the standing objection [5] applies, I have no problem with applying the particular.[6] MR. OMROD: I think that's been the practice to [7] date. That's agreeable with me. [8] MR. MANTA: I don't have a problem with that. [9] BY MR. MANTA: [10] Q. Looking at the - Well, first I'd like to ask you [11] to take a look at it and tell me ifyou've ever seen this [12] document before. [13] A. I don't recall seeing the first page and I don't [14] recall receiving the second one, [15] BY MR. MANTA: [16] Q. Looking at the second page, there's a reference [17] to W. B. Papageorge. Would that be you? [18] A. Yes, sir, I'm listed as an addressee. [19] Q. And is the address G4WA your office maiUng [20] address at Monsanto St. Louis? [21] A. It is. [22] Q. Looking at the second paragraph, the first Page 286 [1] sentence of that paragraph reads, "Because of the technical [2] natures of the issues in this matter, I am retying on you to [3] gather and analyze information and to consider, formulate [4] and supervise any contracts or arrangements with outside [5] consultants in North 80 matters. " [6] Can you tell me what your role was in gathering, [7] analyzing, considering, and formulating, aid supervising any [8] contracts or arrangements with outside consultaius on North [9] 80 matters? [10] A. My role through my staff was to monitor the [11] activity, to keep abreast of any developments, so that we [12] could assure ourselves that things were moving along as [13] expeditiously as they could, and to also be in a position to [14] comment as we saw fit and to communicate to our bosses the [15] level of activity we observed, and the caliber of the [16] activity and the, and the quality of the work that was being [17] done, that we served sort of as eyes and ears for the, the [18] bosses in St. Louis. [19] Q. Did you have any specific assignment in [20] connection with die anticipated litigation? [21] A. No. [22] Q. Mr. GUhousen didnot give you a specific task Page 287 [1] with regard to any anticipated litigation; is dtat correct? [2] A. That is correct. [3] Q. The information yougadiered,analyzed, [4] considered, formulated, and die supervision of any contracts [5] or arrangements with outside consultants would have been [6] somediing dtat was done in die usual course of your job as [7] Director of Environmental Operations for Monsanto in 1982; [8] is dial riglu? [9] A. No. [10] Q. Okay. [11] A. Thosetasks you just described are the [12] responsibility of the plant manager. [13] Q. You didn't have any responsibility for those [14] items dial I've just described? [15] A. That is true. [16] Q. They were - did anyone else in addition to the [17] plain manager have die information - or, responsibilities [18] insofar as dial information dial I described was concerned? [19] A. Well, the plant manager, Mr. Tromblee, had the [20] ultimate responsibility. He could assign tasks and [21] responsibility to his team, members of whom were included on [22] that addressee list. He could hold them responsible for the Page 288 [1] parts of the assignment that he delegated, but the ultimate [2] responsibility for that whole activity rests with Mr. [3] Tromblee, the plant manager. [4] Q. If the ultimate responsibility rested widi die [5] plant manager for die items discussed in Paragraph 2 that [6] I've mentioned, why would Mr. GUhousen send you a copy of [7] diis memorandum? [8] MR. SARFATTI: Objection; lack of foundation. [9] A. Of course, you'd have to ask Mr. Gilhousen to [10] really know what wait on in his thinking, but as I had [11] indicated earlier, we were expected to serve as the eyes and | [12] ears of the St. Louis office, and if we felt that something [13] could be done in a better fashion, whether in quality, or [14] timing, what have you, we would, of course, work with Mr. [15] Tromblee and his team to help them do this. In the [16] meantime, a person like Mr. Gilhousen would touch base with [17] us to get our reaction to the things we observed and [18] monitored. [19] So that's the rule he expected us to play. [20] BY MR. MANTA: [21] Q. Would Mr. Tromblee have communicated utformation [22] that we have identified in paragraph 2 through you in___________ Page 289 Page 282 to Page 289 202-347-3700 ACE-FEDERAL REPORTERS, INC. WATER PCB-SD0000063692 USA Depo of: WILLIAM PAPAGEORGE Monsanto v Aetna January 14, 1993 CR: 54035.0 XMAX(17) [1] comiection with this anticipated litigation? [2] A. Whew. He could do so if he wished. It was his [3] option us to how he communicated. [-1] Q. Do you recall whether Mr. Tromhlee provided you [5] with the information set forth in the second paragraph or - [6] A. I do not. [7] Q. Oh - I'm sorry, or did he provide it directly to [8] Mr. Githousen ? [9] A. I do not recall hisprovidinginformation to me [10] directly. I do not know how theinformation was conveyed to [11] Mr. Gilhousen. [12] Q. I believe you had testified yesterday that part [13] ft' your responsibilities as Director of EtiviroimuMal [14] Operations for Monsanto was to keep others informed. Mr [15] part of your job, then, wouldn't you be gathering [16] information on the North 80 site? [17] A. Yes, sir. [18] Q. And to the extent that you gathered information [19] 6i order to pass it along to others, wouldn't you, in the [20] normal course of your job, have passed the information along [21] to Mr. Githousen in response to Itis request? [22] _____ A, No, not in matters like this. Mr. Gflhousan_________ Page 290 [1] would be working with the plant; I would try to stay tuned [2] in without inhibiting progress, if you will. I relied on [3] Mr. Weishaar, who was also on the list, who was my team [4] member, to be closer to this activity and getting more [5] details. He would be the one to stop by my office and bring [6] me up to speed, and if appropriate, he and I might go in and [7] see my boss, or I would send him in alone. We had a lot of [8] flexibility, and it was my duty to see that the [9] communication took place. It didn't mean that I had to [10] personally do it. I had to be reassured that the [11] information was flowing in the right direction. [12] Q. Would it also be part of your responsibility to [13] assure that the information was flowing to Mr. Gilhousen [14] pursuatu to his request? [15] A. Well, one of my first questions would be to Mr. [16] Weishaar, "Is Brent in on this?" [17] "Oh. yeah, just left his office. We were [18] together at a meeting in Texas City," that kind of - these [19] are a little hypothetical, in a sense, but that's the way of [20] life; that's the way these things are handled. [21] Q. You don't recall specifically, I take it, whether [22] or not you actually provided Mr, Gilhouseti with any___________ Page 291 [1] information pursuatu to this request. Is that right? [2] A. At this point in time, the details escape me. I [3] just do not remember it. [4] Q. However, again, if l was asking you in September [5] of I M2 or following whether or not you had given [6] information to Mr. Gilhousen pursuatu to this request, you [7] would likely be able to tell me: is that riglu? [8] A. My recollection would, hopefidly, be better then [9] than it is now. [10] Q. All right, atid can you tell me what a Mattaging [11] Director's Review is? [12] A. Oh, it's been awhile since I've heard that [13] expression. That is the terminology that is used to [14] describe a discussion session with the Managing Director of [15] the operating unit. These are reviews conducted on any [16] subject that someone in the Managing Director's organization [17] feels that it's important enough to take the Managing - [18] Director's time to listen, to become better informed and to, [19] if ntcessjuy, give his support or his comments regarding any [20] changes that he thinks ought to be made. [21] Q. Did Monsanto have an office matutal that1 [22] identified situations which a Managmg Director's Review________ Page 292 [1] would be suggested, or required, or anything like that? [2] A. I know of no such manual. [3] Q. It vvas up to the individual director, then, to [4] detemune whether he or she felt that an issite was of [5] sigmficatu importance to have a Managing Director's Review? [6] Is that right? [7] A. In a sense, that's what it would amount to when [8] the man or woman would agree to setting aside time to [9] participate in such a discussion. [10] Q. Can you tell me approximately how many times you [111 held Managing Director Reviews wilhui a year, say ? Within I [12] any given year. j [13] A. How many I held? There were very few. . [14] MR. SARFATTI: Do you have any particular year in i [15] mind? I [16] MR.MANTA: I'mjust asking ingeneral, j [17] A. (Continuing) The best of my recollection, the I [18] Managing Director's reviews that I was personally involved i [19] with wereheld only when a newManaging Director was | [20] appointed. | [21] BY MR. MANTA: ! [22]Q. Can you think.- | Page 293 i [1] A. I may have been invited as a, I'm going to call [2] it as a guest at a meeting called for and arranged for by [3] others, but at the moment. I'm, I'm groping to recall a [4] specific, and I find I can't remember any. [5] Q. If I understand you correctly, the only situation [6] which you recall a Managing Director Review is when a new [7] director was appoitUed? Is that riglu? [8] A. Those are the reviews that 1 initiated or he may [9] have asked for to cover my area of involvtsnent. [10] Q. Can you tell me, getting back to my earlier [11] question, approximately how numy Managmg Director Reviews [12] you would conduct in a year? [13] A. That I would conduct? [14] Q. (Nods head in affirmative manner). [15] A. I've never kept score, but I would suggest that [16] it was very likely one a year, or even slightly less than [17] that. [18] Q. Wlw would be in attendance at a Managing [19] Director's Review? [20] A. Oh, again, I can only speak for those that 1 [21] asked for. Of course, it would be the Managing Director, [22] and of course, I would be there. There would be, when Page 294 [1] available, my immediate supervisor, and on occasion -- and [2] this didn't happen often - the member of the Managing [3] Director's staff who might be closely involved to the issue [4] being discussed, generally this individual was the [5] manufacturing general manager, and that's that about it. [6] Q. Do you recall any situations where attorneys were [7] present during Managing Director Reviews? [8] A. No. [9] Q. Can I infer from your testimotxy tluu since [10] Managing Director Reviews that you conducted were held [11] approximately one time of the year and tltat the one type of i [12] review tluu you recall is a review tluu took place where a j [13] new Managing Director lutd been appointed, that Managing [14] Director Reviews, as far as you were concerned, were j [15] reserved for issues of intponance to Monsanto? ; [16] MR. SARFATTI: Objection; vague,lack of [17] foundation. [18] A. Well, certainly, if they were important to the [19] Managing Director to have him agree to spend a half a day or [20] so on it, it must have been important to Monsanto. I don't i [21] know how else to describe it. It would not have been a j [22] frivolous matter._______ i | [1] Page 295 BY MR. MANTA: j [2] Q. Managing Director Reviews tluu youconducted were [3] reserved for importatU issues; is tluu correct? , [4] A. Well, in my opinion, I thought they were : [5] important issues. Generally, it was an opportunity for me j [6] to conduct a tutorial, to bring a new management director up [7] to speed on the kinds of things that I and my group were [8] involved in and were working on. That's it. | [9] (Papageorge Deposition Exhibit 22 marked for [10] identification.) [11] MR. SARFATTI: Before we get into questioning on [12] what's been marked as Papageorge Exhibit 22, this would be [13] another one of the documents covered by the stipulation [14] concerning attorney-client work product privileged [15] information. [16] (Witness peruses said document.) : [17] MR. MANTA: By agreeing to the stipulation, we : [18] are not agreeing to any - or I'm not agreeing to any [19] characterization of the document that you may have. ) [20] MR. SARFATTI: The stipulation only goes to our ; [21] agreement that I need not interpose a specific objection on | [22] the grounds of the attorney-client or work product ACE-FEDERAL REPORTERS, INC. 202-347-3700 Page 289 to Page 295 WATER PCB-SD0000063693 BSA__________________ Depo of: WILLIAM PAPAGEORGE Monsanto v Aetna January 14, 1993 CR: 54035.0XMAX(!8) Page 296 [1] privileges to avoid waving the privilege. [2] MR. HUGHES: As to the rest of the world. [3] MR. SARFAl II: Yes, as to the rest of the world. [4] BY MR. MANTA: [5] Q. Looking at what has been marked for [6] identification as - [7] MR. SARFAl 11: Beyond the parties to this [8] litigation. [9] MR. HUGHES: Yes, to be more precise. [10] BY MR. MANTA: [11] Q. Looking at wiiat has been marked for [12] identification as Papageorge Exhibit 22, appears to be a May [13] 24, 1982, memorandum. Subject is the Texas City North 80. [14] Bates number is MCO 6552447. [15] Mr. Papageorge, is that your signature? [16] A. That's my signature, yes, sir. [17] Q. Okay. Do you have any reason to think that you [18] didn't prepare this memorandum7 [19] A. No, 1 had forgotten it, but now that I see it, I [20] believe I recall it. [21] Q. At the - in the bottom rigiu-hand comer, there [22] is a "WBP.pb. " Can you tell me wiutt `pb * stands for? Page 297 [1] A. The bottom right-hand - [2] Q. I'm sorry, bottom left. I'm sorry. P] A. Bottom left? Oh. Oh. The initials, of course, [4] are mine, designating the originator of that. The "pb" is a [5] secretary's initials. [6] Q. Okay, can you tell me what those initials [7] represent? [8] A. I forgot her name. Peggy something. I've [9] forgotten the last name. [10] MR. OMROD: Don't worry. There's a protective [11] order in this case. [12] MR. SARFATTI: Do you want to know if she's still [13] living? [14] MR. MANTA: We'll see. [15] BY MR. MANTA: [16] Q. Was this the same secretary that you had [17] mentioned yesterday? I don't recall. [18] A. No, this - there were times when Miss Audrain [19] was away from the office, either vacationing or what have [20] you, and other secretaries would do the typing and filing [21] for us. [22] _____ Q. Does this documetu refresh your recollection as________ Page 298 [1] to a management director review that you condttcted regarding [2] the North 80? [3] A. It refreshes my recollection that such a meeting [4] was held. I would not describe it as a session that I [5] conducted. There were others who were designated as [6] spokesmen for different portions of the presentation. [7] Today, 1 don't recall the exact agenda as to what was [8] covered, and by whom, and how much time was allocated. [9] Q. I'm not sure if l understood you correctly. Did [10] you call this Managing Director's Review? [11] A. I was the one that was asked to gather the [12] presentors, find out what each of the presenters was [13] prepared to discuss. I was assigned the task of informing [14] them as to the meeting room and times, and of course, make [15] our appointments, if you will, with the Managing Director's [16] secretary so that he knew that that particular time period [17] was set aside for us. [18] Q. Who was the Managing Director? [19] A. As I recall, in 1982, to the best of my [20] recollection, it was Frank Reese. I could be wrong on that, [21] but Frank Reese, R-double-e-s-e. [22] _____ Q, Who asked you to call the Managing Director's_______ [1] Review? Page 299 [2] A. My boss, Myron Dmytryszyn. [3] Q. Do you recall what Mr. Dmytryszyn told you was [4] the reason for calling the meeting ? [5] A. Not the exact words. I recall that he came back [6] from a meeting with Mr. Reese and said, "Frank is interested [7] in that subject. Why don't you set up a group and let's [8] discuss it in a little more detail," and that's what I did. [9] Q. What was Frank Reese's title? [10] A. Vice-President and Managing Director - [11] Vice-President of Monsanto and Managing Director of Monsanto [12] Intermediate Chemicals Company. [13] Q. In the hierarchy of things at Monsanto, was Mr. [14] Reese above Mr. Dmytryszyn, as well? [15] A. Yes. Yes. [16] Q. And as well as above you? [17] A. Yes. 1 reported to Mr. - Dr. Dmytryszyn, Dr. [18] Dmytryszyn reported to Mr. Reese. [19] Q. Mr. Reese was high up in Monsanto's corporate [20] stntcture. Is that fair? [21] MR. SARFATTI: Objection; vague. [22] A. VVeO, he was a vice-president of the corporation. Page 300 [1] I personally don't have any way of determining the - how [2] high up, to use your expression, this means in the [3] hierarchy. [4] BY MR. MANTA: [5] Q. Can you recall any other occasions where Mr. [6] Reese asked you to call a Managing Director's Review to m discuss a hazardous waste site? [8] MR. SARFATTI: Objection. Mischaracterizadon of [9] the testimony. [10] A. Well, Mr. Reese's request for an in-depth study [11] came to me through my boss. Dr. Dmytryszyn. [12] You asked me if I recall other Managing Director [13] Reviews similar to this. At the moment, I just don't [14] remember - I do recall meetings with Mr. Reese, but the [15] subjects and timing, I just cannot remember. [16] BY MR. MANTA: [17] Q. Would it be fair to say that since Mr. Reese, the [18] Managing Director, had called a meeting regarding Texas City [19] North 80, that it nos a very important subject as far as [20] Monsanto was concerned? [21] MR. SARFATTI: Objection; vague. [22] A. 1, I cannot, of course, put myself in Mr. Reese's Page 301 [1] shoes. He was informed of the North 80 situation. Why he [2] asked for a, a lengthier meeting with more people [3] involvement, I do not know. I cannot guess. [4] BY MR. MANTA: [5] Q. Getting back u> the nature of Managing Director [6] Reviews, it's my toiderstanding from what you said that they [7] were not very frequent; at least, the ones you called. [8] A. That's correct. [9] Q. They were limited to situations where someone, a [10] new Managing Director was takbig over. [11] A. Not limited. Those that I was generally involved [12] with were of that type. [13] Q. Was Mr. Reese a new Managutg Director at this [14] time? [15] A. Yes. [16] Q. He had just -- he was new to the job? [17] A. WeD, he was - he followed a previous Managing [18] Director. I, I just don't remember how many months or weeks [19] later this meeting was held. [20] Q. Could you tell me who came up with the agenda for [21] this meeting, the Managing Director's Review?1 11 [22] A. By "agenda," are you talking about the subject Page 302 [1] matter, itself, or the breakdown of the presentations? [2] Q. Why don't we take the subject matter first. [3] A. The subject matter? This was at the request of [4] Mr. Reese after having a one-on-one sort of review with Dr. [5] Dmytryszyn. [6] Q. Mr. Reese had a one-on-one review with Dr. [7] Dmytryszyn? Is that right? [8] A. Yes, sir. [9] Q. And as a resuh cf that review with Dr. [10] Dmytryszyn, Mr. Reese found it necessary to hold a Managing [11] Director's Review? Is that right? [12] A. I don't know what happened in the room, but as a [13] result of that meeting, Dr. Dmytryszyn came to my office and [14] said, "Let's pull together a review for Mr. Reese on this [15] subject." Now, whether Dr. Dmytryszyn offered to have such [16] a review or whether Mr. Reese asked for it, I do not know. [17] Q. Can you identify - and l believe you already [18] have - some of the people, but just for the record, nut [19] through the people who the memorandum is addressed to and [20] tell me what their title was at that time with Monsanto - Page 296 to Page 302 202-347-3700 ACE-FEDERAL REPORTERS, INC. WATER PCB-SD0000063694 BSA Depo of: WILLIAM PAPAGEORGE Monsanto v Aetna January 14, 1993 CR: 54035.0 XMAX(19) [21] A. I'U try. Mr. Brasfidd was the General Manager [22] of Manufacturing for Monsanto Chemical Intermediates. Dr. Page 303 [1] Myron Dmvtryszyn was the General Manager of Technology for [2] that operating unit. Brent GOhousen was a Monsanto [3] attorney in the Corporate Law Department. Glenn McKee was a [4] general superintendent working at the Texas City plant. [3] Robert Potter was the - at that time, I believe he was [6] (lie - I'm not certain of his title. He had - I believe he [7] was Director of Administration, but I'm not certain of that [8] title, for Monsanto Chemical Intermediates. [9] And Gene Tromblee was the plant manager at Texas [1(1] City. [11] Q. Was the memo sens to them because they were to [12] attend the meeting? [13] A. Yes, that was the intent, [14] Q. Do you recoil specifically who was at that [15] meeting, as we sit here today? [16] A. I just don't recall the meeting at all. [17] Q. Again, if I was asking you back in May of 1982, [18] or, I'm sorry [19] MR. SARFAl l 1: We'll stipulate (hat memory [20] doesn't improve over time, if it would dispense with your [21] having to ask this question time and time again. [22] _____ MR. MANTA: I would prefer to ask it, but -- Page 304 [1] well, strike that. [2] BY MR. MANTA: [3] Q. Would there be any notes or memorandunt taken at [4] these meetings? [5] A. Don't remember. Could be, or they may not have. [6] I don't know. [7] Q. You don't know whether there would be any [8] documetu that would reflect who was in attendance at the [9] meeting, other than this documetu here? [10] A. I really don't remember. [11] MR. MANTA: You want to take a break? [12] THE WITNESS: Yes. [13] MR. MANTA: Okay. [14] (Recess from 3:30 to 3:42.) [15] BY MR. MANTA: [16] Q. Before we broke, we were talking abotu the [17] Managing Director's Review, and I'm not sure whether I've [18] asked you, but I'll ask you now, can you tell me what you [19] recall was discussed at the review? [20] A. I don't recall the specifics. We covered the [21] subject to the satisfaction of the Managing Director. I [22] don't know the details anymore. Page 305 [1] Q. Do you recall the topics, independent of what's [2] set forth here? [3] ' A. No. I don't. [4] Q. Do you know if Mr. Reese was ever employed at the [5] Texas City platit? [6] A. Yes. [7] Q. Do you know in what capacity he worked at the [8] Texas City plant? [9] A. No, I don't. [10] Q. Do you know if he worked in the VCM unit? [11] A. I don't know. [12] Q. Do you know what his degree was, whether he was a [13] chemical engineer, or [14] A. I don't know. [15] Q. Could you tell me if contamination was discussed [16] at the Managing Director's Review of the North 80? [17] A. Like I indicated, I don't remember the specific [18] subjects, but the general - I don't know if I should use [19] the word "general." All of the information that we had [20] accumulated on the North 80, up to the date of this meeting, [21] was summarized for Mr. Reese's benefit, and although I1 [22] cannot say for sure that that contamination, per se, was Page 306 [1] covered, that doesn't mean it wasn't covered. I just don't [2] remember that specific item. [3] Q. Would it naturally be the type of topic that [4] would have been covered at the Managing Director's meeting? [5] MR. SARFATT1: Objection as to form. [6] A. I don't know about the natural - keep in mind, t [7] this site was a disposal site. There was evidence of a [8] sheen, and that sheen did contain chemicals. Now, if [91 that's, if, if that's what is meant by contamination, I [10] would be very surprised if that wasn't mentioned. [11] BY MR. MANTA: [12] Q. How about groundwater contamination? [13] A. Groundwater, the groundwater would have been [14] discussed in terms of what the contractor's consultants had [15] done and what they had found. That would have been shared [16] with Mr. Reese. [17] Q. If the consultants or contractors had found [18] contamination, that would have been discussed? Groundwater [19] contamination? [20] A. WeD, again, at this point in time, I don't know [21] if it was at, in *82, determined to be contamination in the general understanding of the word or a finding of these_______ Page 307 [1] chemicals in this water from this well at this point and [2] then in the ground. [3] MR. MANTA: Let's go back to an exhibit that was [4] marked - [5] Let me go off the record. [6] (Discussion off the record.) [7] BY MR. MANTA: [8] Q. Do you know when the consultant provided their m burial report concerning the North 80? [10] A. No, I don't. I don't remember. [11] Q. How about Monsanto's potential liability for the [12] site: Would that have been discussed at the meeting? [13] A. Certainly, yes. [14] Q. Do you recall those discussions? [15] A. I don't remember vividly the situation where Mr. [16] X stood up with charts and had something to say. I don't [17] remember it in that fashion at all. I don't remanber the [18] room, I don't remember who was there. [19] Q. But you feel certain that the topic of Monsanto's [20] liability for the North 80 would have been raised or [21] discussed? [221 ______ A. Let me couch it in a little different words. 1________ Page 308 [1] would be very surprised if the Managing Director was not [2] brought up-to-date on that matter. C3] Q. You would be surprised if the Managing Director [4] wasn't brought up-to-date on the matter of Monsanto's [5] potential liability for the North 80? [6] A. That's right. [7] Q. Could you tell me why a lawyer would attend the [8] meeting? A. I'm trying to remember why - he was certainly invited because he, I felt that he bad a contribution to [11] make. He was obviously there in the event that the Managing [121 Director wanted a legal opinion on something, and 1 [13] certainly couldn't provide it, so I had Mr. Gilhousen [14] present. [15] Q. Mr. Gilhousen at that time was the Monsanto [16] in-house counsel responsible for environtnental legal issues [17] regarding MCI at the rime; is that right? [18] A. No, he was responsible for legal matters relating [19] to water issues, groundwater, surface water, treating [20] waters, and so on, for the whole corporation. [21] Q. Beyond MCI? [221 ______ A. Correct._______________________________________ __ Page 309 [1] Q. Can you tell me whether the topic of providing [2] notice to insurance companies was discussed at the meeting, [3] at the Managmg Director's Review meeting on June 9, 1982? [4] A. Again, I don't remember, but I'd be very [5] surprised if it was. I just personally was never involved [6] in a discussion where insurance matters were brought up. [7] Q. Why would you be surprised if it was discussed? [8] A. It's just not the kind of group that talks about P] insurance. This particular panel of speakers are not versed j [101 I [11] | [12] [13] [14] [15] [16] [17] in insurance matters at all. Q. Can you say that's true - / mean, certainly, each one of them would know something abotu insurance, I would think. MR. SARFAl l 1: Objection; lack of foundation. A. Well, certainly, all of us have a layman's understanding of insurance, but none of the responsibilities represented by these individuals are in any way connected ACE-FEDERAL REPORTERS, INC. 202-347-3700 Page 302 to Page 309 WATER PCB-SD0000063695 8SA Depo of: WILLIAM PAPAGEORGE Monsanto y Aetna January 14, 1993 CR: 54035.0 XMAX(20) [18] with insurance and Monsanto matters. [19] BY MR. MANTA: [20] Q. These individuals would be aware, nonetheless, [21] that Monsanto had liability policies; is that right? [22] _____ MR. SARFAll 1: Objection; lack of foundation. Page 310 [1] A. Wed, I can only speak for myself, that somehow, [2] I have jumped into a conclusion that a company tike Monsanto [3] does not operate without insurance support. They must have [4] some kinds of insurance out there for various types of [5] activities they get involved with, but at no time was my job [6] such that I had to consider insurance in my deliberations at [7] all. That was not assigned to me at ad. [8] BY MR. MANTA: [9] Q. But you were, nonetheless, aware that Monsatuo [10] had insurance for liability; is that right? [11] MR. SARFAlTt: Objection;vague. [12] A. Sure, just like I'm aware Monsanto has bank [13] accounts. It's an interesting piece of information, but not [14] related to what I was expected to do. [15] BY MR. MANTA: [16] Q. And if l wanted to know the nature and extern of [17] each of these persons' awareness of matters of insurance, I [18] would, naturally, speak to them; is that right? [19] A. Oh, certainly. [20] Q. Your statements as to what they would have known [21] or been aware regarding matters of insurance are based upon [22] ithat you 've heard from others? Ts that right? Page 311 [1] A. My understanding ofwhat these individuals know [2] about insurance? I don't know that it's so much I heard of [3] others, except that in my many years of dealing with folks [4] of that type within Monsanto, we never talked insurance for [5] iuiy subject. [6] Q. So that the basis for your statement about what [7] these individuals' awareness or knowledge may have been with [8] regard to insurance is based upon communications that you've [9] had with them? [10] A. Yes, sir. [11] Q. And the extent of those communications? [12] A. Correct. [13] (Papageorge Deposition Exhibit 23 marked for [14] identification.) ^ [15] (Witness peruses said document.) [16] THE WTTNESS: This is another one I don't [17] remember. [18] BY MR. MANTA: [19] Q. Btfore we get to tluit question, I just would like [20] to ask you one more question about the Managing Director [21] Review, and that is, did it ever occur to you persormlty, [22] since the issue of liability was probably discussed, to Page 312 [1] raise the issue of the possibility of insurance? [2] MR. SARFAl 11: Objection; mischaraclerization of [3] testimony. [4] A. No, it was not for me to raise that. It's [5] handled somewhere other in a way that I was never made [6] familiar with, so I made an assumption someone would take [7] care of that matter if it's appropriate to do so. [8] BY MR. MANTA: [9] Q. You never considered - could you tell me why [10] insurance coverage wasn't discussed at this meeting? [11] A. Gee, the only answer 1 could give you is that [12] insurance coverage was never discussed at any meeting that I [13] ever attended. [14] Q. Looking at wluu has been marked for [15] identification as Exhibit 23, I'd like you to take a look at [16] it and tell me if you've ever seen it before. [17] A. I don't recall it. [18] Q. Okay, atui again,you don 7 know what that little [19] squiggly line through your name means? [20] A. I don't see a squiggly line. [21] Q. Maybe your copy doesn't [22] MR. HUGHES: Do we have the same Bates numbers? Page 313 " [1] MR. OMROD: I bet it's not the same document. [2] MR. MANTA: No, it's not. P] MR. SARFAl li: That's a clever trick. [4] MR. MANTA: It has the same date. [5] MR. OMROD: Not the same Bates numbers? [6] MR. MANTA: No. [7] MR. MANTA: Let's go off the record for a second. [8] (Discussion off the record.) [9] MR. MANTA: Why don't - on the record, I don't [10] know whether I had read the Bates numbers [11] MR. HUGHES: No, read the Bates numbers and 1'U [12] write them down. [13] MR. OMROD: Have that one stamped 23 and I'll [14] destroy this. [15] MR. MANTA: We're going to substitute Exhibit 23. [16] Exhibit 23 now is a June 14, 1982, memorandum. Subject is [17] North 80 site Q and A. Bates numbers are CBY 1643687 [18] through CBY 1643690. [19] BY MR. MANTA: [20] Q. Mr. Papageorge, looking at what has been marked [21] for identification as Exhibit 23, can you tell me whether [22] you've ever seen this document before? Page 314 [1] A. I don't recall the document, but I see some [2] handwriting that I would identify as mine. P] Q. Let's first - Let me ask you, is that your name [4] referenced there in the "To;" section of the memorandum? [5] A. It is. [6] Q. Is that your mailing address to the right, G4WA ? [7] A. Yes. [8] Q. Now, can you tell me what handwriting on the [9] document is yours? [10] A. I identify the writing just below the typed name [11] "F. C. Himes," the date and comments in red with a "P," that [12] is my handwriting. [13] Q. Comments in red with the "P," does the "P" [14] indicate [15] A. That's me, my last name, initial, and the circle [16] around Mr. Himes' name and the arrow indicates these [17] comments are just to be sent back to Mr. Himes, the author. [18] Q. How about the handwriting above the first [19] paragraph? [20] A. I don't recognize that. [21] Q. Did you, or is it your understanding from looking [22] at this document that you made comments in red and sent them Page 315 [1] back to Mr. Himes? [2] A. Yes, sir. P] Q. Do you, or is it part of your job to make [4] comments on Q and A's? [5] A. As appropriate, yes, sir. [6] Q. Can we turn the page to the next page? Atui I'm [7] going to ask ifyou can tell me whether those handwritten [8] notations there are yours. [9] A. The writing on that page is not mine. [10] Q. Unfortunately, we do not have a color copy of [11] this, so we can 7 tell what comments are in red. Can you [12] tell me whether arty of the cross-out lines would reflect, be [13] reflective of your commetus? [14] A. They are not mine. [15] Q. Turning to the next page, can you identify if any [16] of these comments on this page are yours? [17] A. The writing that appears below item numbered "8" [18] at the top of that page is my writing. [19] Q. Anything else on that page? [20] A. Nothing else on that page is mine. [21] Q. How about on the last page?1 11 [22] A. Nothing on the last page is mine. Page 316 [1] Q. Turning back to the first page, the cover page, [2] there appears to be initials "MFW" on this page, and beneath P] that are the words "Comments noted. " Can you tell me if the [4] initials "MFW" stand for Mr. Weishaar? [5] A. Those are his initials, yes, sir. [6] Q. Do you recognize that luttuiwriting, "Comments [7] noted" and the initials as being Mr. Weishaar's handwriting? [8] A. I don't remember Mr. Weishaar's handwriting. [9] Q. '!ow about above that; Can you make out what [10] initials tluy are? [11] A. Looks like it's addressed to me, WBP. [12] Q. What was the purpose of the North 80 site [13] QandA? [14] A. The primary purpose was to prepare the [15] appropriate response to potential questions that might be [16] asked of Monsanto by the media. As I recall, this was in Page 309 to Page 316 202-347-3700 ACE-FEDERAL REPORTERS, INC. WATER PCB-SD0000063696 BSA Depo of; WILLIAM PAPAGEORGE Monsanto v Aetna January 14, 1993 CR: 54035.0 XMAX(21) [17] response to a - some local newspaper coverage, and the [IS] intent was to get the answers so that if the media would [19] call someone at Monsanto, whether he be in New York, or [20] Washington, or St. Louis, that they would know how to [21] answer, because the people in those locations wouldn't even [22] know what the subject was all about unless someone could Page 317 [1] provide them with this kind of data sheet. [2] Q. This data sheet wasn't circulated to everybody in [3] the company, war it? [4] A. No, it was circulated to those individuals - the [5] final draft. This is not a final draft. The final draft [6] typically - and I can't vouch for this particular - the [7] intent was to have a final draft prepared, it would be sent [8] to the PR Department in St. Louis, and that department, in [9] turn, would send it out to its people located elsewhere in [10] the country so that no matter where in the U.S. or even the [11] world, if necessary, the media inquiry was addressed, so [12] they would have the answers to the question. [13] MR. MANTA: Could you read Mr. Papageorge's [14] previous answer? [15] THE COURT REPORTER: [16] "A. The primary purpose was to prepare the [17] appropriate response to potential questions that might be [18] asked of Monsanto by the media. As I recall, this was in [19] response to a - some local newspaper coverage, and the [20] intent was to get the answers so that if the media would [21] call someone at Monsanto, whether he be in New York, or [22] Washington, or St. Louis, that they would know how to________ Page 318 [1] answer, because the people in those locations wouldn't even [2] know what the subject was all about unless someone could [3] provide them with this kind of data sheet." [4] BY MR. MANTA: [5] Q. By "appropriate response, " is it correct to say [6] that's the response that Monsanto wanted to provide? [7] A. Well, that's, that's one definition. The other [8] one, it's a lot better to be able to say "Yes, I'm aware of [9] it. What would you like to know," rather than say, "I'll [10] call you back or I'll have somebody else call you," and [11] sound like you want to delay something. [12] Q. My question is just slightly different, I think. [13] In your answer to a question a couple of questions ago, you [14] had indicated that the purpose of this was to come up with [15] an appropriate response, and toy question to you is, isn't [16] the appropriate response dial you are referring to, in fact, [17] the response that Monsanto wanted its employees to give? [18] A. Oh, I don't know who else would want Monsanto [19] employees to give a response. It would have to be [20] Monsanto's - I don't quite understand the question. I [21] certainly wouldn't expect duPont to answer Monsanto's [22] question.____________________________________________________ Page 319 [1] MR. SARFATTI: How about Dow? [2] MR. MANTA: That's not precisely my question. [3] MR. SARFATTI: Pretty dam close. [4] BY MR. MANTA: [5] Q. My question is, the response is appropriate [6] according to Monsanto; is that rigid? [7] A. Maybe my use of the word "appropriate" is causing [8] the confusion. When I used the word "appropriate," it has 19] to be respoasive, it has to be truthful, it shouldn't be [10] evasive, it shouldn't be stalling, it should be - maybe a [11] better word would be a responsible answer be given. [12] Q. It is what Monsanto had determined to be a [13] responsible ajtswer; is that riglu? [14] A. Yes, a professional, responsible answer. [15] Q. Taming to page 2, number 8, the comment tluu you [16] had indicated you had placed there, why did you write in, [17] after "Yes," ``to the best of our knowledge''? [18] A. .There existed at that time in my own mind some [19] serinas doubts that Monsanto was the only source of [20] material. I had no evidence one way or the other, so I felt [21] that the word "Yes," standing alone, was indicative of [22] information based on extremely unquestionable (sic)__________ Page 320 [1] information, and I didn't feel comfortable with that and I [2] did feel comfortable with the fact that as best as we know, [3] to the best of our knowledge, the answer is yes, but [4] something could come up and make it a "Maybe" or a "No." [5] That's why I suggested those words. [6] Q. Did you have any information at that time which [7] indicated that there was any other company besides Monsanto [8] that had deposited material at the site? [9] A. I had no information. I had some questions [10] raised regarding were we certain, wasn't there any, anyone [11] else dropping something in, either with Monsanto's [12] permission or without Monsanto's permission, was something [13] done there when the levee was built, did the builders of the [14] levee bring something in; those questions, we had no answers [15] to. but they were enough to cause, in my mind, some doubts. [16] Q. If I understand you correctly, you had no [17] specific information that any other compatry other than [18] Monsanto had deposited material at the site; is that right? [19] A. That is true. [20] Q. Now I'd like to ask you something about the [21] second part of your answer. In addition to - let me ask [22] this. Can you identify what other possible sources of__________ Page 321 [1] material that you were aware of dial may have deposited [2] material at the site 7 [3] A. You mean positively identify? No. [4] Q. No, l realize that you hadn't, and what my [5] question is, this was something that you had raised as a [6] possibility; is that right? [7] A. This was - these were points raised during [8] discussions about the site by those who worked at the plant [9] and were familiar with the, some of the history and were [10] familiar with the, the neighborhood, if you will, of what [11] was going on in that area. At the time, none of them had [12] any specifics; all they had were questions that were to be [13] looked into. [14] Q. Can you tell me who raised those questions? [15] A. Gosh, I don't remember any specific individual [16] that - it could have been any and all of them at the plant [17] that were involved with this site. [18] Q. Can you recall the specific questions that they [19] raised? [20] A. Well, I recall some of the thoughts. The [21] questions were raised regarding what were our relationships [22] with some of the trucking firms we dealt with and did_______ Page 322 [1] anybody permit them to wash their vehicles here. Nobody [2] could answer that, and that was raised as, hey, let's look P] into that. There were questions raised of - I forget who [4] built that levee - where did they get some of the soil that [5] they built this levee with? Did any of it have materials in [6] it that could result in contamination? Did they dig up [7] somebody rise's deposit and bring it over and buOd a levee [8] with it? These were, frankly, thoughts that were meant to [9] probe any and all sources of chemical pollution, and I [10] remembered some of those questions, and this is why I [11] thought it would be still truthful to say "to the best of [12] our knowledge" added onto the "Yes." [13] Q. At the time this was prepared atid at the time you [14] made your commetus, Monsanto knew that it was the only [15] company that had used the site as a waste disposal site; is [16] that correct? [17] MR. SARFATTI: Objection; lack of foundation. [18] A. Yes, that's a correct statement, but at the time, [19] we didn't know who rise was permitted by Monsanto to deposit [20] anything at that site. [21] Q. Can you tell me if any other source for material1 [22] deposited at the site was ever identified?_______________________ Page 323 [1] A. I don't remember any. [2] Q. You don't remember any other source? P] A. I just don't remember. [4] Q. As we sit here today, you don't remember any 15] other source other than Monsanto beitxg identified for the [6] wastes or the materials that were deposited at the site ? [7] A. That is correct. m Q. Is there any -- do you have any reason to believe [9] that any party or person - well, strike that. | [10] MR. MANTA: Could you have the last question and j [11] answer read back? I [12] THE COURT REPORTER: I [13] "Q. As we sit here today, you don't remember any j [14] other source other than Monsanto being identified for the ACE-FEDERAL REPORTERS, INC. 202-347-3700 Page 316 to Page 323 WATER PCB-SD0000063697 BSA Depo of: WILUAM PAPAGEORGE Monsanto v Aetna January 14, 1993 CR: 54035.0 XMAX(22) [15] wastes or the materials that were deposited at the site? [16] "A. That is correct." [17] (Papageorge Deposition Exhibit 24 marked for [18] identification.) [19] (Witness peruses said document.) [20] BY MR. MANTA: [21] Q. Looking at what has been marked for [221 identification as Exhibit 24, it is a copy of a clipping__________ Page 324 [1] entitled "Pumps pulsing out pollution," Bates number CBY [2] 1737309. [3] Can you tell me if this is one of die clippings [4] that would have been provided to you ut connection with the [5] clipping service tluu you subscribed to? [6] A. No. [7] Q. You can't tell me whether or not it was; is that m right? CT A. It does not have the appearance of documents or [101 clippings that I received from the service. [11] Q. Can you tell me what is missing or what is the [12] difference between this? [13] A. Well, for one thing, the clippings that I would [14] receive from the service would not have the handwritten [15] notes on it and a list of people who apparently got copies [16] of this, and the clipping service item that I would get [17] would have attached to it a note in a way advertising the [18] clipping service. [19] Q. Can you tell me from looking at this document or [20] based upon your memory who - well, first, let's go back up. [21] There's a handwritten "cc: " notation on the side and there's [22] "Papageorge" written. Does that indicate that this copy was Page 325 [1] inteiuled for you? [2] A. That's what it would indicate. [3] Q. Now, can you tell me looking at this or based [4] upon your memory who would have setu this to you? [5] A. I just have no way of knowing. The writing above [6] that date is - I can't read it. 1 don't know who it is. [7] Q. Can you read that handwritten paragraph or note ? [8] A. 1 believe I can, yes. m Q. Could you read that paragraph to yourself, and [10] I'll ask you a question about it. [11] (Witness peruses said document.) [12] A. I have read the paragraph. I have difficulty [13] with at least one of the words there. [14] Q. Can you tell me what word, just identify where it [15] is? [16] A. it's the third line after the word "toward." [17] Q. It may be "solving. " [18] MR. HUGHES: That's what it is. [19] A. It could be, yes, sir. [20] BY MR. MANTA: [21] Q. Can you tell me what they 're talking abotu, [22] there? Page 326 [1] MR. SARFATTI: Are you asking him to read what's [2] been written above, which appears to be an attempt to [3] recreate something that's illegible in the article? [4] MR. MANTA: No, I'm asking him if he could tell [5] me. based upon his knowledge of the North 80, what they're [6] talking about or what this handwritten notation that appears [7] to be an attempt to reconstruct what is, what is partially [81 legible. m MR. SARFATTI: Object as to form; vague. [10] A. Well, I'll need more time to read the whole [11] article to see what preceded that paragraph, because just [12] reading it out of, out of context, I don't - I have no idea [13] w hat the, the reporter of this is referring to. ri4] BY MR. MANTA: [15] Q. Well, maybe, let me ask this. Can you tell me [16] what you know abotu the relationship between pumping and [17] seepage, if there is any? Independent of this article. [18] MR. SARFATTI: Objection; lack of foundation, and [19] opinion. [20] A. I just don't recall the details of that whole [21] system. I'd have to know where the water being pumped is [22] coming from, and which direction the seepage is entering, or Page 327 [1] going or leaving that water source, I have to know what [2] pumps are they talking about, are they talking about i [3] temporary pumps they installed, are they talking about the I [4] pumps already there at the sea wall. It's much more complex I [5] than it appears to be here. [6] BY MR. MANTA: I [7] Q. Is it fair to say you don V recall or you don't [8] know - let me ask this. Do you think you ever knew what [9] the relationship was, if any, of the pumping to the seepage? [10] A. I wish I could remember more of the details; I [11] could answer that better, but I just don't remember enough [12] about that whole setup to give you a meaningful answer. I [13] just don't know. [14] MR. MANTA: Okay, do you want to take a break? [15] MR. SARFATTI: No. [16] MR. MANTA: No? Do you want to take a break, Mr. [17] Papageorge? [18] THE WITNESS: No. [19] MR. MANTA: We'll go to 5:30? [20] MR. SARFATTI; Is that acceptable? [21] THE WITNESS: Yes. [22] BY MR. MANTA: Page 328 [1] Q. Looking back on Exhibit 24, can you tell me who [2] Sarah Collins is? [3] A. As best I remember, Sarah Collins was a member of [4] Public Relations Department. [5] Q. And can you - [6] A. I just don't remember where she was located. [7] Q. How about Mr. - and I can't read the name above [8] that, it looks like - [9] A. I believe that's Thurott, John Thurott. He was [10] the top personnel man in Monsanto Chemical Intermediates. [11] Q. Wltat does a personnel man do? [12] A. Your guess is - What does he do? He worries [13] about matters relating to personnel administration. [14] Q. Can you think of why a personnel administration [15] person would receive a copy of this? [16] A. I cannot. [17] Q. Can you tell me when you first learned that the [18] groundwater at the South 20 site was contamittated? [19] MR. SARFATTI: Objection. [20] A. Again, my memory is similar to that I had for the [21] North 80. It would have to be the same period of time, late1 11 [22] '70's, early '80's. I cannot come any closer than that. Page 329 [1] BY MR. MANTA: [2] Q. Can you tell me when it first came to your [3] attention that governmental agencies were interested in the [4] South 20 site? [5] A. About 1978 is the best I can recall. [6] Q. And approximately when did you become aware that [7] the govenimetual agencies were negotiating - or tiutt [8] Monsanto war negotiating with the govertunental agencies [9] concerning addressing the contamination problems at the [10] South 20 site? [11] MR. SARFATTI: Objection; lack of foundation. [12] A. I don't know that I would define it as [13] negotiating. I would suggest that I was made aware of [14] Monsanto's dialogue with representatives of the State [15] regulatory agencies regarding the condition of the site, the [16] findings, their ideas of what might be causing it, and in [17] other words, getting all the background data, in about 1978 [18] or so. [19] BY MR. MANTA: [20] Q. How about specifically regarding a dialogue, if [21] you will, with the agencies regarding means of addressing or [22] remediating the contamutation?________________________________ Page 330 [1] MR. SARFATTI: Objection; vague, lack of [2] foundation. [3] A. I think the discussions that you are asking about [4] were the ones held after the outside consulting firm hired [5] by Monsanto had made some studies in an attempt to help [6] define the scope of the situation, and that would have to [7] have been in the early '80's. [8] BY MR. MANTA: P] Q- When did you first leant that Monsanto had agreed [10] to voluntarily pay for remediation at the South 20 site? [11] MR. SARFATTI: Objection; lack of foundation, [12] vague. [13] A. The closest I could come, again, is the early Page 323 to Page 330 202-347-3700 ACE-FEDERAL REPORTERS, INC. WATER PCB-SD0000063698 BSA Depo of: WILLIAM PAPAGEORGE Monsanto v Aetna January 14. 1993 CR: 54035.0 XMAXI23) [14] '80's. [15] BY MR. MANTA: [16] Q. Cati you tell me what you learned in the late [17] I970's or early I980's regarding the contamination problem [18] at the South 20? [19] A. I don't ranember the details at all. [2(1] Q. Do you remember wito pro\ided you the mformadon [21] about the contamination at the South 20 in the late `70's or [22] early 1980's? Page 331 [1] A. Not a specific person, no. [2] Q. Do you think it would Itave been someotte on your [3] staff? [4] A. It could have been. It could have been someone [5] from corporate staff, it could have been someone from the [6] plant. [7] Q. Did you participate at alt in the dialogue with [8] the govertmient regarding tfu: conditions at the South 20 [9] site? [10] A. I had no personal participation, no. [11] Q. Can you tell me the name of the oiuside [12] consulting firm that had been retained by Monsatuo to look [13] into the South 20 site? [14] A. We saw the name on some of the documents: [15] Woodward-Clyde. [16] Q. It was the same consultant that was used for the [17] North 80? [18] A. Yes, sir. [19] (Discussion off the record.) [20] BY MR. MANTA: [21] Q. Can you tell me what you know about the suit by [22] the Attorney General against Monsatuo regarding the South 20 Page 332 [1] site? [2] A. I know nothing. [3] (Papageorge Deposition Exhibit 25 marked for [4] identification.) [5] BY MR. MANTA: [6] Q. Looking at what has beat marked for [7] identification as Papageorge Exhibit 25, it is an April 10, m 1979, memorattdunt. The subject is "Final Proposed Q&A, [9] Hazardous Waste Disposal, Texas City. " [10] In the riglu-hattd cohutut, there's an [11] indication -- there's a name "IV. B. Papageorge. " Does that [12] indicate that a copy was intended for you, Mr. Papageorge? [13] A. It does. [14] Q. And is "G4WA" your mailing address? [15] A. It is or was. [16] Q. Was; yes. [17] Do you recall making any comments on this Q and A [18] proposal? [19] MR. SARFAll 1: Objection; no foundation. [20] A. I have been involved in many Q and A's, so this [21] one doesn't stand out unicpiely in any way. I just don't [22] remember anything specific about it, Page 333 [1] BY MR. MANTA: [2] Q. Turning to page 2 of theQ attd A and Page 3 of [3] the document, I'U ask you to take a look and read question, [4] Q. 9, and the answer. [5] (Witness peruses said document.) [6] A. I've read it. [7] Q. Does that refresh your recollection as to the m suit filed against Monsatuo by the State Attorney General? [9] A. It does not. [10] Q. The middle sentence of that paragraph savs, "In [11] early 1975, the Texas Water Quality Board questioned certain [12] disposal practices at the site. " [13] Do you know what disposal practices were [14] questioned by the Texas Water Quality Board? [15] A. I do not. . [16] Q. Do you know what the nantre of the problem was at [17] the South 20? [18] A. I think I had an understanding. It was the [19] seepage problem we've been discussing all day. [20] Q. Do you think there was a seepage problem at tin: [21] South 20. as well as the North 80? Is that [22] A. That's my understanding.. Page 334 [1] Q. Do you recall discussions of compliance problems . I| [2] at the South 20? I P] A. No, I don't, Ij [4] (Pause) [5] MR. MANTA: I'm going to ask you a couple of more [6] questions about that. I just wanted to get up and stretch [7] my legs. [8] BY MR. MANTA: [9] Q. Looking at the Q and A. I'd like you to take a [10] look at Question 2 and the answer. [11] (Witness peruses said document.) [12] A. I have read it. [13] Q. At the time that this Q and A tvas prepared April [14] 10, 1979, weren't there already known problems at the, or [15] related problems regarding seepage at the North 80? [16] A. Yes, but this is - this document refers, as I [17] read it, to current disposal practices. [18] Q. Well, let me ask this. Can you explain wity the [19] answer to this question wouldn `t mention problems that were [20] known to exist at the Texas Wye. North 80 and South 20? [21] MR. SARFATTI: Objection; lack of foundation. [22] A. No, you'll have to ask Mr. Neunreiter about that. Page 335 [1] BY MR. MANTA: P] Q. But can you tell me why, if this document was P] setu to you for comments, you wouldn't lutve added that [4] information to that answer? [5] A. You are asking me these many years later? 1 [6] don't recall the thought process that I followed when I saw [7] this, but I would suggest that the emphasis was on current [8] practices. I just don't remember. [9] Q. Can you say why the question wouldn't be posed in [10] such a way as to make it clear that it was addressing [11] Monsanto's current practices, as opposed to sites that [12] Monsatuo had used in the past? [13] MR. SARFATTI: Objection; lack of foundation, [14] vague. [15] A. I, I am not in a position to respond to that, [16] I'd go back to Mr. Neunreiter. It seems, it seems a [17] previous Q and A, we had responded to the situations of [18] past - resulting from past practices. [19] BY MR. MANTA: [20] Q. But this question, itself, does twt - the [21] question, itself, m tutmber 2 doesn't limit it to current [22] practices; is that rigid? Page 336 [1] A. You mean questionnumber 2? [2] Q. Riglu. P] A. It depends how you, what you read into that. The [4] response is in the present tense, "Disposal of solid waste [5] is handled in an environmentally acceptable manner and in [6] accord with state laws." [7] So the emphasis, to me, appears to be on current [8] issues. [9] Q. Would you agree that the question as posed could [10] encompass problems that were known to exist at the Texas [11] Wye, North 80 and South 20? Is that right? [12] MR. SARFATTI: Objection; opinion. [13] A. I don't fed that I'm qualified to answer that, [14] since I didn't come up with that question, so I - again, [15] Bob Neunreiter is the one that would hdp us there, really. [16] BY MR. MANTA: [17] Q. I'm just asking not for you to stand in the shoes [18] of Mr. Neunreiter or try to get in his mind, but just as [19] someone reading the question. In reading tluU question, and [20] the question is, "What kind of problems do you have at Texas [21] City regarding hazardous waste, " isn't it possible to readI [22] (hat question as encompassitig known problems at waste sites Page 337 [1] at the Texas Wye, North 80 and South 20? [2] MR. SARFATTI: Objection; relevance and P] argumentative. I [4] A. Anything is possible, as you know, and 1 don't ![ [5] know that the Texas City Wye would enter into Monsanto j| [6] personnd's mind as a Monsanto issue and as a Monsanto Ij waste jI [7] site regarding Monsanto's hazardous waste, using the words j [8] of that question. I [9] BY MR. MANTA: |i [10] Q. Looking at question 3, "Where are your hazardous Ij [11] waste disposal sites located? ACE-FEDERAL REPORTERS, INC. 202-347-3700 Page 330 to Page 337 WATER PCB-SD0000063699 BSA Depo of: WILLIAM PAPAGEORGE Monsanto v Aetna January 14, 1993 CR: 54035.0 XMAX(24) [12] "A. Monsanto has two company-owned hazardous [13] solid waste disposal sites. One is located approximately [14] two miles north of the plant and referred to as the North [15] 80. The second is located approximately four miles from the [16] plant and designated the South 20 disposal site. " Doesn 't [17] that indicate to you that the question mu broader than [18] current waste disposal sites? That question 2 was broader [19] than curretu waste disposal sites? [20] MR. SARFATTI: Objection; opinion and [21] argumentative. [22] _____ A. Well, as a Monsanto employee, knowing that the Page 338 [1] two sites described were inactive, I don't know how I can [2] arrive in my own thinking that these are my current disposal [3] sites. They're not. [4] BY MR. MANTA: [5] Q. Were they inactive as of April 10, 1979, as far [6] as you know? [7] A. To the best of my knowledge, yes. Mm-hmm. [8] Q. Isn 't the answer to Question 2 misleading, in [9] that it doesn 7 identify the fact that it's referring to [10] only current problems and doesn 7 identify the Texas Wye, [11] North 80, and South 20 as having problems? [12] MR. SARFATTI: Objection. Opinion, vague, lack [13] of foundation. [14] A. I don't know that the Texas Wye fits into this [15] category of hazardous waste disposal sites. [16] BY MR. MANTA: [17] Q. Looking at Question 4, "What chemicals are [18] disposed of at these sites?" The answer is, "On the North [19] 80 site, ne routinely dispose of catalyst waste from two of [20] our chemical processes, which involve plasticizer products. [21] We also use the site for disposing Brazos River sludge from [22] our acetylene ponds which supply water to our operations.______ Page 339 [1] At the South 20 site, be dispose of another chemical which [2] results from our acrylonitrile mantfacturing process. " [3] A. Yeah, I read that. It does not match my [4] understanding at all of what I saw with my own eyes. [5] Q. Does what is indicated there in response to [6] Question 4 match what you saw at die North 80 and Soudi 20? [7] A. It does not at all. [8] (Discussion off the record.) [9] MR. MANTA: I'd like to take five minutes and [10] then we'll try to wind up for today. Is that all right? [11] MR. HUGHES: If you have to take a break, you [12] have to take a break. [13] (Recess from 5:03 to 5:15.) [14] BY MR. MANTA: [15] Q. Mr. Papageorge, could you tell me if you've ever [16] \isited the Soudi 20 site? [17] A. Yes, sir. [18] Q. Can you tell me approximately how many times you [19] \isited the South 20 site? [20] A. A couple or three times. [21] Q. And can you tell me approximately when diose1 11 [22] visits rook place, what years?_________________________________ Page 340 [1] A. Oh, '78, and probably '79, and maybe again in [2] *80. Those are not exact times, but it's roughly that [3] pattern. [4] Q. Could you tell me who accompanied you on die site [5] visits? [6] A. Somebody from the plant. Again, it could be any [7] one of several people; a plant manager or any one of his [8] superintendents or his environmental staff members. I don't [9] recall any one individual at any one time. [10] Q. And were you told any information prior to die [11] visit about die condition of die South 20 site ? [12] A. Well, certainly I was told enough by the person [13] that accompanied me to give me a little background. The [14] information would have, of course, after the first visit, [15] would be a form of updates, rather than going all the way [16] back to the, the origins and the years of use, and all. [17] Q. What did you see when you went to die South 20 [18] site die first time in 1978, approximately? [19] A. Oh. as I remember, it looks like a fairly [20] attractive site, frankly. It looked like a good fishing [21] spot. It was a pool of fairly dear water. There was some [22] greenry there; I think it was grass growing. I'm not sure , Page 341 [1] at the moment. Some solid dry land; in other words, that we [2] could walk on. [3] Somehow associated with that visit, I recall a | [4] sort of a, I'm going to call it a dam with some vertical j [5] pumps, big helical impellers, big screws that I was told i [6] were used to move the water over the levee. I do remember [7] that levee and the road on top of that levee. In fact, we [8] drove over that road to get to the site. That's about it. , [9] I mentioned the bait shop nearby. : [10] Q. I dunk in connection widi Nordi 80 bia not in [11] connection wait die South 20. , [12] A. I should have said I - my directions are all ( [13] turned around. Maybe I'm designating them wrongfully. Hmm. [14] Well - [15] Q. Were you told at any time dial wastes had been [16] deposited into a sand pit at die Soudi 20? [17] A. 1 was told that waste had been deposited. I | [18] don't remember the reference to sand pits. That doesn't [19] ring a beO at all. I 120] Q. Were you ever told that the problem at South 20 was seepage from the sand pits into die groundwater? ______ A. No, I don't remember any discussion in which the Page 342 [1] word "sand pits" was used or "sand." P] Q. You do recall, though, that seepage was discussed P] in connection with South 20? ' [4] A. Yes, I remember that. [5] [6] i [7] j C8] i [9] [10] : HU i [12] Q. And was that seepage from a pit? A. Hmm. Seepage from the contents. The word "pit," I don't recall that being used. Q. And was it seepage into die groundwater? A. No, it was really into the water and formed a rainbow sheen, as best I recall this. It's really surface water observation. Q. Do you recall what die wastes were dial were , [13] deposited at die South 20? | [14] A. No, I don't. I can't remember. : [15] Q. Do you recall what die problem was, specifically, [16] dial die government was interested in with regard to the [17] ! [18] ! [19] : [20] ' [21] [22] Soudi 20? A. Not very clearly, but I'm under an understanding that there was some observable sheen and it seemed to be on the, I'm going to call it the saltwater side of the sea levee, on the other side. Q. If I'm not mistaken, what you seem to be______________ Page 343 [1] describing to me is what I understand the North 80, as die [2] Nordi 80. P] A. WeD, like I said earlier, I may be confusing the [4] two sites. One she had no visible big body of water during [5] dry weather. The other one always had a pool of water which [6] looked like a fishing pond to me, and I'm not a fishing man, but h looked like the type that you see in a photograph. Q. Could you tell me about die site that was always dry? [10] A. That's the one I, in my own mind, thought was the ; [HI 80. 1 [12] ! [13] Q. And die South 20 is die one you diought A. Was the one with water present. Now, I'm willing | [14] to be called wrong on that. I just, it's been a dozen years ' [15] [16] ; [17] [18] or more. Q. I realize that. MR. SARFATTI: You know, you can ask your questions about memory fading. We're prepared to stipulate i [19] again that memory doesn't improve with age. I [20] MR. MANTA: No, 1 wouldn't stipulate to that, j [21] because I think it's the passage of time, and not age. : [22] (Papageorge Deposition Exhibit 26 marked for___________________ Page 344 , [1] identification.) [2] BY MR. MANTA: P] Q. Looking at what has been marked as Papageorge 1 W Exhibit 26, the July 29, 1981 memorandum, subject, "Outline ' [5] of Strategy For August 6 Meeting widi TDWR Concerning the [6] Texas City Soudi 20 Disposal Site. " , [7] MR. SARFATTI: This would be one of the documents i [8] where our stipulation would apply regarding nonwaiver of the I [9] attorney-client work product privileges. I want to make Page 337 to Page 344 202-347-3700 ACE-FEDERAL REPORTERS, INC. WATER PCB-SD0000063700 BSA Depo of: WILLIAM PAPAGEORGE Monsanto v Aetna January 14, 1993 CR: 5-1035,0 [10] that clear, and any testimony regarding the contents. [11] subjects matters in the document would also be covered. [12] BY MR. MANTA: [13] Q. I'd like you to read the background paragraph and [14] tell me if that refreshes your recollection as to the nature [15] of the problem at the South 20 site. [16] (Witness peruses said document.) [17] A. No. I read that and it doesn't help me at all in [18] recalling. [19] Q. Do you recall any discussions aboiu strategy for [20] the South 20 site, the approach that Monsanto was going to [21] take with the agency? [22] _____ A. 1 don't remember today, no.______________________ Page 345 [1] Q. Does it refresh your recollection that the South [2] 20 was at least a distinct site from the North 80 with a [3] separate set of problems? [4] A. Oh, I didn't have any difficulty keeping the two [5] as distinct in identity. My difficulty is one of applying [6] the terminology, south and north, to the right area. [7] Q. Okay. [8] A. I'd have to see a map or something to help me [9] orient myself. [10] Q. The seepage discussion that we had when vve were [11] talking about the North 80, it's your recollection that that [12] was taking place with respect to die North 80; is that [13] right? [14] MR. SARFATT1: Objection; mischaracterization of [15] his testimony and vague. [16] A. YVhat was the word you used? The "seascape," you [17] say? ` [18] BYMR. MANTA: [19] Q. Seepage. I'm sorry. [20] A. The seepage. It had to do with that tract of [21] land on which visible water was stiD present, to a fairly [22] measurable depth as distinguished from rain puddles. That's Page 346 [1] the one that I've been calling the South 20, and it could [2] well be the North 20 is the proper designation. [3] Q. Well, we\e talked about what your understanding [4] was with regard to die problems of die North 80 earlier [5] today. [6] A. The North 80, yes,sir. [7] Q. Now, what I'd like to ask you is what your [8] understanding is of die problems of the South 20, if you [9] have any recollection. [10] A. The South 20 is, my best recollection was [11] associated with visible sheen on the water surface on a pool [12] of water that was present on that site. [13] Now, this is the site that I have been calling [14] the South 20, with the ponds on it, or the - yeah, ponds. [15] MR. MANTA: It's 5:30. I'd like to call it quits [16] for today, and 1 don't think I'll have much more in the [17] morning at all and then it'll be turned over to Mr. Hughes. [18] 1 thank you for your time. [19] MR. SARJFATTI: Is that a promise or a threat? [20] MR. MANTA: It's both. Mr. Papageorge -- and I [21] euess we'll reconvene at 9:30 tomorrow morning? Is that all [22] right?_______________________________________________________ Page 347 [1] THE WTTNESS: Whatever the group wants. [2] MR. MANTA: Okay, thanks. [3] (Wherepon, at 5:30 p.m., the deposition was [4] recessed to the following day.) IS] M [7] [8] m [10] PH [22] [H] [12] [13] [14] - [15] [16] [17] [18] [19] [20] ACE-FEDERAL REPORTERS, INC. 202-347-3700 XMAXI25) Page 344 to Page 347 WATER PCB-SD0000063701 BSA___________________ Depo of: WILLIAM PAPAGEORGE Monsanto v Aetna January 14. 1993 CR: 54035.0 Look-See Concordance Report 2,104 UNIQUE WORDS 386 NOISE WORDS 28,427 TOTAL WORDS SINGLE FILE CONCORDANCE CASE SENSITIVE WORD RANGES @ BOTTOM OF PAGE -$- $8,500 [1] 190:11 -0- 00345527 [1] 283:4 0345526 [1] 283:4 -1- 1 [2] 249:2, 20 10 [4] 283:2; 332:7; 334:14; 338:5 1025 [1] 179:8 104 [10] 194:7, 9; 233:18, 20; 234:1, 7, 10, 12, 17 11:00 [1] 216:10 11:09 [1] 216:10 12:27 [1] 252:4 13 [1] 218:21 14 [6] 182:8; 183:1; 203:15, 19; 218:22; 313:16 14th [6] 178:20; 267:18, 20; 268:5, 7. 22 15 [3] 182:9; 206:1, 5 16 [3] 182:10; 210:16, 20 1643687 [1] 313:17 1643690 [1] 313:18 17 [3] 182:11; 216:8; 233:10 1737309 [1] 324:2 1776 [1] 180:13 18 [7] 182:12; 233:5; 235:5, 7; 238:22; 239:1, 10 183 [1] 182:3 19 [6] 182:13; 235:7; 239:19; 240:1; 249:1 1900756 [1] 266:20 1900772 [1] 266:21 19103 [1] 179:16 I960 [1] 201:18 1970 [1] 330:17 1972 [1] 236:7 1975 [1] 333:11 1977 [7] 191:19; 226:16; 245:12, 21; 246:16; 248:13; 261:3 1978 [40] 191:6; 192:22; 193:1, 12. 22; 195:14, 16, 20; 196:11; 197:14, 22; 198:21; 200:8, 18; 207:21; 216:12; 218:1, 12, 15, 19; 219:4, 14; 220:17; 221:16; 223:7; 225:6, 12; 226:4; 254:20; 256:7, 11, 17; 257:1, 19. 21: 258:1; 260:14; 329:5, 17; 340:18 1979 [4] 225:12; 332:8; 334:14; 338:5 1980 [11] 203:20; 205:1; 228:1; 229:1, 13, 18; 230:4; 258:11; 260:2; 330:17, 22 1980s [1] 269:12 1981 [6] 206:5; 210:1, 3; 211:6; 233:10; 344:4 1982 [19] 235:7; 238:10; 240:2; 266:19; 267:20; 268:1, 22; 270:22; 271:16; 272:3; 275:21; 283:2; 287:7; 291:5; 296:13; 298:19; 303:17; 309:3; 313:16 1983 [5] 194:15, 18; 221:16; 246:16; 248:13 1985 [6] 194:18; 201:5. 17; 202:3; 203:6 19899 [1] 181:6 1992 [2] 218:11, 19 1993 [3] 178:20; 183:1; 268:21 1:35 [1] 252:4 -2 2 [9] 288:5, 22 ; 319:15; 333:2; 334:10; 335:21; 336:1; 337:18; 338:8 20 [46] 182:14:; 240:2; 244:11; 255:5, 15; 266:14, 18; 328:18; 329:4, 10; 330:10, 18, 21:; 331:8, 13, 22; 333:17, 21 ; 334:2, 20; 336:11; 337:1, 16; 338:11; 339:1, 6, 16, 19; 340:11, 17; 341:11, 16,, 20; 342:3, 13, 17; 343:12j; 344:6, 15, 20; 345:2; 346:1, 2, 8, 10 , 14 20006 [2] 179:!9; 180:14 202 [3] 179:10:! 180:15, 16 203 [1] 182:8 206 [1] 182:9 21 [3] 182:15; 282:18; 283:1 210 [1] 182:10 215 [2] 179:17,, 18 216 [1] 182:11 22 [4] 182:16; 295:9, 12; 296:12 23 [7] 182:17; 311:13; 312:15; 313:13 , 15, 16, 21 233 [1] 182:12 239 [1] 182:13 23rd [1] 233:10 24 [6] 182:18; 203:19; 296:13; 323:17 , 22; 328:1 25 [3] 182:19; 332:3, 7 26 [3] 182:20; 343:22; 344:4 266 [1] 182:14 282 [1] 182:15 29 [1] 344:4 295 [1] 182:16 2:00 [1] 267:18 -3 3 [4] 235:18, 19; 333:2; 337:10 30 [1] 266:19 300 [1] 179:7 302 [1] 181:7 311 [1] 182:17 323 [1] 182:18 331 [1] 182:19 3414607 [1] 206:6 ! 3414611 [1] 206:6 343 [1] 182:20 37th [1] 179:15 3 JO [1] 304:14 3:42 [1] 304:14 -4- 4 [4] 235:19; 338:17; 339:6 400 [1] 180:5 415 [2] 180:7, 8 429-7049 [1] 180:16 -5- 5:03 [11 339:13 5:15 [1] 339:13 5:30 [3] 327:19; 346:15; 347:3 -6 - 6 [2] 206:5; 344:5 6054467 [1] 233:11 6054470 [1] 233:11 636 [1] 181:4 651-3000 [1] 181:7 6550926 [1] 235:9 6550933 [1] 235:10 6552447 [1] 296:14 -7- 70 [17] 201:18; 202:5, 8; 226:18; 227:15, 20, 22; 228:7; 229:1, 12, 18; 230:3; 236:12; 240:22; 260:14; 328:22; 330:21 77 [4] 187:10; 188:14; 243:10; 255:1 772-5759 [1] 180:8 773-5529 [1] 180:7 78 [9] 197:15; 218:6; 219:15; 225:13, 15; 254:11; 256:12; 258:6; 340:1 79 [2] 225:16; 340:1 -8- 8 [2] 315:17; 319:15 80 [147] 226:13, 18; 227:12, 15, 17, 20; 228:3, 8, 16; 229:1, 11, 21; 230:3, 7, 10, 13, 16, 17; 231:21; 232:20; 233:2; 235:9; 236:6, 12, 17, 19, 22; 237:4, 8, 12, 18; 238:2; 239:7, 17; 240:13, 16, 17, 22; 241:19; 242:16; 243:6; 244:5, 10, 19; 245:11; 246:4, 17; 249:8, 20; 250:14; 254:5, 14, 21; 255:5, 15; 256:7, 11, 18; 257:2, 14, 21; 258:10, 12; 260:3, 9; 261:4, 7, 11; 264:12; 265:6, 8; 269:12; 270:7; 271:1, 17; 272:12, 13; 273:11; 274:6, 21, 22; 275:4, 7, 8, 10, 17, 20; 276:3, 4, 12, 13, 20; 277:10, 18; 278:8, 9; 279:3, 4, 14; 280:19; 2813, 7, 12, 17; 282:16; 2833; 286:5, 9; 289:16; 296:13; 298:2; 300:19; 301:1; 305:16, 20; 307:9, 20; 308:5; 313:17; 316:12; 326:5; 328:21, 22; 330:7, 14; 331:17; 333:21; 334:15, 20; 336:11; 337:1, 15; 338:11, 19; 339:6; 340:2; 341:10; 343:1, 2, 11; 345:2, 11, 12; 346:4, 6 81 [2] 210:7, 13 82 [1] 306:21 828-3163 [1] 180:15 83 [5] 187:10; 188:14; 243:11; 245:12, 22 85 [1] 202:4 851-6600 [1] 179:17 851-6644 [1] 179:18 88 [1] 178:8 -9- 9 [3] 211:6; 309:3; 333:4 9/21/72 [1] 236:2 92 [1] 218:21 93 [2] 218:21, 22 94111 [1] 180:6 965-7910 [1] 179:10 9:30 [2] 178:20; 346:21 - A- a.m. [1] 178:20 abandoned [2] 202:3; 219:5 abiding [1] 247:17 able [13] 187:13; 188:10; 218:16, 18; 222:20; 229:13; 268:2, 11; 277:17; 282:1, 5; 291:7; 318:8 abnormal [1] 231:2 abreast [1] 286:11 abstract [4] 220:14; 278:9; 279:21; 280:2 accept [1] 252:14 acceptability [1] 246:18 acceptable [8] 186:5; 201:7; 202:10; 203:14; 208:14; 327:20; 336:5 accompanied [4] 224:1, 17; 340:4, 13 accompany [2] 222:6; 231:4 accomplish [1] 185:11 accomplished [2] 207:11; 281:20 accomplishing [1] 185:10 accord [1] 336:6 accordance [1] 261:13 according [1] 319:6 accounts [1] 310:13 accumulated [1] 305:20 accurate [2] 195:8; 260:21 acetylene [1] 338:22 achieve [1] 203:9 achieved [1] 202:16 acknowledge [1] 265:1 acknowledged [2] 260:8; 261:3 acrylonitrile [1] 339:2 act [2] 226:22; 246:3 acting [1] 189:6 action [19] 227:11; 245:3, 6; 247:1; 264:18; 280:3, 6; 281:1, 5, 6, 9, 12, 16, 22; 282:5, 9, 11, 15 actions [5] 247:18, 19; 248:17; 261:19; 265:10 active [3] 202:2; 225:3; 255:17 activities [4] 203:10, 12; 240:18; 310:5 activity [21] 190:14; 194:16; 201:6; 202:3; 207:10, 11; 209:4, 19; 237:21; 251:13, 15; 265:1, 7; 277:22; 281:13, 19; 286:11, 15, 16; 288:2; 290:4 acts [1] 234:14 actual [1] 207:9 Adams [1] 178:18 add [2] 188:2; 209:9 Look-See(27) added [2] 322:12; 335:3 adding [1] 278:16 addition [4] 191:1; 220:15; 287:16; 320:21 additional [1] 243:1 address [12] 204:7; 205:3, 5; 240:7; 252:6; 261:14; 267:3; 282:6; 285:19, 20; 314:6; 332:14 addressed [12] 187:20; 208:5, 7, 20; 209:13; 210:8, 14; 281:2; 282:15; 302:19; 316:11; 317:11 addressee [3] 267:2; 285:18; 28732 addressing [12] 201:6, 17; 204:18, 19; 205:5; 209:10; 228:3, 16; 249:10; 329:9, 21; 335:10 adequate [1] 251:19 Administration [1] 303:7 administration [2] 328:13, 14 advertising [1] 324:17 AETNA [1] 178:10 affecting [2] 244:3, 5 affirmative [1] 293:14 AFTERNOON [1] 252:5 age [2] 343:19, 21 agencies [15] 194:13; 201:7; 202:14; 209:15; 222:21; 228:2, 11, 13; 238:2, 10; 329:3, 7, 8, 15, 21 agency [5] 195:2; 216:21; 227:11; 231:4; 344:21 agenda [3] 298:7; 301:20, 22 agree [6] 242:22; 251:8; 285:1; 292:8; 294:19; 336:9 agreeable [1] 285:7 agreed [5] 203:11; 228:15; 246:17; 247:5; 330:9 agreeing [3] 295:17, 18 agreement [2] 189:4; 295:21 al [1] 178:11 allegation [1] 228:12 allegations [3] 260:13, 15, 21 alleged [5] 195:5; 230:19; 2333; 258:6, 7 alleging [1] 244:12 alleviate [1] 240:18 alleviating [1] 246:13 allocated [1] 298:8 alone [2] 290:7; 319:21 alternate [3] 275:19; 278:6, 7 alternatives [7] 204:19; 205:5; 2073, 15, 21; 208:19, 20 amongst [2] 213:22; 265:10 amount [1] 292:7 analysis [1] 270:3 analyze [1] 286:3 analyzed [2] 272:22; 2873 analyzing [1] 286:7 answer [38] 210:8, 10, 14; 227:14; 229:14; 234:4; 257:18; 2593; 260:1; 262:19; 2683; 273:21; 274:1, 9; 281:10; 282:10; 312:11; 31631; 317:14; 318:1, 13, 21; 319:11, 13, 14; 3203, 21; 322:2; From $8,500 to answer WATER PCB-SD0000063702 BSA Depo of: WILLIAM PAPAGEORGE Monsanto v Aetna January 14, 1993 CR: 54035.0 323:11; 327:11, 12; 333:4; 334:10, 19; 335:4; 336:13; 338:8, 18 answered [4] 270:20; 274:7, 10; 276:14 answers [6] 188:10; 282:1; 316:18; 317:12, 20; 320:14 Anticipated [1] 283:2 anticipated [4] 284:3; 286:20; 287:1; 289:1 anybody [4] 224:4; 230:20; 252:22; 322:1 anymore [3] 194:11; 214:22; 304:22 anywhere [3] 195:8; 197:4; 272:21 apparently [1] 324:15 appear [2] 238:13 ; 251:1 appearance [1] 324:9 APPEARANCES [1] 179:1 appeared [2] 195:4; 212:14 appears [8] 206:11; 296:12; 315:17; 316:2; 326:2, 6; 327:5; 336:7 applies [1] 285:5 apply [2] 284:7; 344:8 applying [2] 285:5; 345:5 appointed [3] 292:20; 293:7; 294:13 appointments [1] 298:15 appraisal [1] 229:15 appreciate [2] 204:12; 211:8 Appreicate [1] 216:5 approach [3] 192:14; 245:16; 344:20 approached [1] 217:19 approaches [1] 207:18 appropriate [15] 198:9; 200:16; 248:17; 260:21; 290:6; 312:7; 315:5; 316:15; 317:17; 318:5, 15, 16; 319:5, 7, 8 appropriately [1] 197:6 appropriateness [1] 186:10 approximately [17] 193:12, 22; 195:13; 219:19; 230:9, 12; 260:14; 275:21; 292:10; 293:11; 294:11; 329:6; 337:13, 15; 339:18, 21; 340:18 April [7] 203:19; 206:5; 235:7; 240:2; 332:7; 334:13; 338:5 area [13] 212:15; 230:18; 242:5, 6; 244:14; 271:5, 6, 8; 272:1; 278:20; 293:9; 321:11; 345:6 area-type [1] 219:9 argumentative [2] 337:3, 21 Arps [1] 181:3 arranged [2] 214:16; 293:2 , arrangement [1] 183:22 arrangements [4] 260:19; 286:4, 8; 287:5 arrive [2] 202:15; 338:2 arrives [l] 213:5 arrow [1] 314:16 article [9] 211:7, 10, 20; 212:13, 18; 213:4; 326:3, 11, 17 articles [3] 213:10; 214:6; 225:22 aside [3] 190:19; 292:8; I 298:17 | asking [22] 186:11; | 188:7, 20; 21412; 216121; | 218:14; 229:12; 241:10; 264:11; 279:8; 28121; 2822; 2832; 284:11; 291:4; 292:16; 303:17; 326:1, 4; 3303; 335:5; 336:17 asphalt [1] 222:15 assessment [2] 249:7; 250:13 assign [3] 250:15, 17; 287:20 assigned [6] 217:12, 15; 226:16; 254:22; 298:13; 310:7 assignment [4] 191:16; 250:13; 286:19; 288:1 assignments [1] 212:8 assist [4] 189:4, 9; 1903; 191:16 associate [1] 2583 associated [12] 208:14, 20; 209:4; 2343; 256:13; 2703, 10; 274:12 , 20; 275:17; 3413; 346:11 assume [3] 22531; 267:19; 2753 assumes [1] 282:8 Assuming [1] 268:7 assuming [2] 261:2; 26832 assumption [1] 312:6 assure [2] 286:12 ; 290:13 attached [1] 324:17 attachment [1] 211:6 attempt [3] 326:2, 7; 3303 attempted [1] 247:18 attempting [4] 203:4, 9; 249:10; 263:8 attend [5] 187:13; 267:20, 22; 303:12; 308:7 attendance [2] 293:18; 304:8 attended [7] 197:6; 267:22; 268:2, 12, 13, 21; 312:13 attending [2] 225:17; 267:21 attention [8] 211:9; 233:16; 236:1; 255:6, 7, 9; 258:9; 329:3 Attorney [2] 331:22; 333:8 attorney [10] 197:18; 198:2; 212:3, 5; 217:12, 22; 2843, 17, 19; 303:3 attorney-client [5] 283:9, 11; 295:14, 22; 344:9 attorneys [1] 294:6 attractive [1] 340:20 audience [1] 200:14 Audrain [1] 297:18 August [1] 344:5 authentic [1] 275:5 author [2] 267:13; 314:17 authorities [3] 202:11; 203:5; 226:6 authority [3] 184:2; 199:1; 207:17 authors [2] 239:2; 249:3 available [4] 226:17; 272:3; 282:10; 294:1 avoid [4] 266:1, 7; 283:13; 296:1 aware [40] 185:5; 192:3, 9, 10; 2013; 207:17; 212:18; 215:10; 216:19; 223:5; 226:6, 8; 228:9, 12, 22; 229:11, 17; 239:12; 243:15; 245:12; 254:4; 256:6, 13; 257:13; 258:6; 261:6; 276a. 5, 10; 277:8; 281:1, 11; 309:20; 310:9, 12, 21; 318:8; 321:1; 329:6, 13 awareness [4] 194:1; 258:2; 310:17; 311:7 awful [2] 191:22; 237:15 awhile [1] 291:12 awkward [1] 192:5* 11 - B- background [3] 329:17; 340:13; 344:13 bait [5] 243:18; 244:1, 4, 6; 341:9 Bank [1] 180:4 bank [3] 242:6, 7; 310:12 base [1] 288:16 Based [1] 250:20 based [8] 185:1; 260:11; 310:21; 311:8; 319:22; 324:20; 325:3; 326:5 basis [9] 183:12, 15, 20; 184:17, 20; 190:8; 214:8; 283:8; 311:6 Bates [12] 206:6; 233:11; 235:9; 266:20; 283:3; 296:14; 312:22; 313:5, 10, 11, 17; 324:1 bearing [2] 206:5; 266a0 bears [1] 283:3 becomes [2] 183:12; 184:12 bed [1] 270:2 behalf [6] 178:18; 189:6, 9; 190:1, 3; 205:20 believe [23] 185:6; 186:9; 197:17; 200:4; 202:16; 207:7; 219:18; 225:5; 243:16; 250:2; 256:8; 258:16, 21; 259:4; 270:14; 289:12; 296:20; 302:17; 303:5, 6; 323:8; 325:8; 328:9 believed [l] 279:12 bell [2] 194:9; 341:19 Beneath [1] 206:13 beneath [2] 206:21; 316:2 benefit [2] 246:12; 305:21 besides [1] 320:7 bet [1] 313:1 bigger [1] 249:5 bind [5] 184:3, 8, 9; 252:16, 18 binding [1] 184:1 bit [4] 220:4; 221:19; 254:11; 269:13 j black [1] 222:15 i blacktop [1] 219:12 Board [2] 333:11, 14 Bob [1] 336:15 body [2] 242:12; 343:4 boiled [1] 207:19 boss [4] 195:11; 290:7; 299:2; 300:11 bosses [2] 286:14, 18 bound [1] 253:8 Box [1] 181:4 I boy [1] 228:17 | Brasfield [2] 195:11; 302:21 | Bray [1] 179:5 ! Brazos [1] 338:21 j break [10] 212:20; i 215:20; 216a, 3; 248:1; ; 304:11; 327:14, 16; 339:11, 12 breakdown [1] 302:1 Brent [2] 290:16; 303:2 briefly [2] 253:13, 22 hringing [1] 208:14 broad [3] 214:12; 215:17: 25ia2 broader [2] 337:17, 18 Broderick [1] 180:11 broke [1] 304:16 Bryan [1] 178:21 build [1] 322:7 builders [1] 320:13 Building [3] 180:4; 204:6; 235:17 building [2] 219:9, 10 built [3] 320:13; 322:4, 5 bull [1] 245:19 bulldozers [2] 265:14; 281:18 business [5] 228:19; 243:20; 244:12; 251:6; 265:20 -C- C.A. [1] 178:8 caliber [1] 286:15 California [1] 180:6 call [13] 220:2; 272:7; 293:1; 298:10, 22; 300:6; 316:19; 317:21; 318:10; 341:4; 342a0; 346:15 calling [3] 299:4; 346:1, 13 calls [2] 185:2; 212:16 capacity [1] 305:7 carbons [1] 206:17 care [3] 232:5; 281:6; 312:7 carefully [2] 273:2; 275:14 caretakers [1] 219:6 Carolina [1] 190:7 case [8] 183:6; 184:14; 185:1; 186:9; 252:17; 253:3; 283:12; 297:11 cases [1] 190:3 CASTLE [1] 178:2 CASUALTY [1] 178:10 catalyst [1] 338:19 category [2] 284:17; 338:15 CBY [5] 266:20, 21; 313:17, 18; 324:1 cc [4] 203:21; 235:10; 240:3; 324:21 celebrate [1] 219:1 centered [1] 228:9 central [1] 215:8 certified [1] 178:21 change [1] 199:20 changed [1] 220:4 changes [1] 291:20 characterization [1] 295:19 characterizing [1] 199:17 chart [2] 249:16, 17 charts [1] 307:16 Chemical [4] 211:12; 302:22; 303:8; 328:10 chemical [7] 202:2; 271:8, 10; 305:13; 322:9; 338:20; 339:1 Chemicals [3] 270:9; 279:10; 299:12 chemicals [29] 195:3, 4; 196:13; 200:4, 6 ; 226:7; 232:19, 21; 258:17, 18; Look-See(28) 259:5, 18, 21; 265:12; 269:15, 17, 21; 270a, 3. 12; 272:22; 273J; 279:11; 281:7; 306:8; 307:1; 338:17 chemist [1] 270:4 Chronicle [1] 213:4 circle [1] 314:15 circulated [2] 317:2, 4 circumstances [1] 184:13 citizen [4] 261:14, 21; 263:20; 264:4 City [44] 178:19; 188:5; 191:7, 9; 192:19; 193:9, 15, 18; 194:1, 14, 20; 196:13; 198:1, 2, 16 , 22; 201:2; 203:6, 21; 204:19; 205:3, 6, 11; 207:6; 210:5; 216:13, 20; 217:1; 219:4; 242:4; 254:14; 255:4; 266:19; 290:18; 296:13; 300:18; 303:4, 10; 305:5, 8; 332:9; 336:21; 337:5; 344:6 city [1] 221:10 CJA-118-1-CV [1] 178:8 claim [3] 244:1, 4, 8 claimed [2] 241:15; 245a clarify [2] 262a, 8 classic [2] 284:8, 10 classified [1] 242:12 clean [5] 199:6; 246:17; 263:21; 264:13; 266:7 cleaned [2] 198:22; 261:15 cleaning [1] 210:5 cleanup [7] 200:7; 208:5, 7; 211:17; 263:14; 265:18; 266:1 clear [4] 258:1; 335:10; 340:21; 344:10 clever [1] 313:3 client [1] 189:16 clipping [10] 213:9, 16; 214:3, 4, 14, 17; 323:22; 324:5, 16, 18 clippings [9] 213:20; 214:3; 215:1, 5, 9, 12; 324:3, 10, 13 closer [3] 209:18; 290:4; 328:22 closest [2] 192:21; 330:13 CMA [2] 203:20; 205:19 CO [1] 179:12 coaching [1] 252:8 collected [1] 259:17 Collins [2] 328:2, 3 color [l] 315:10 column [1] 332:10 comfortable [2] 320:1, 2 coming [7] 243:17; 245:16; 247:9; 280:5, 10; 281:7; 326:22 comment [3] 217:14; 286:14; 319:15 commented [1] 187:22 Comments [3] 314:13; 316:3, 6 comments [14] 216:18; 217:19; 278:16; 291:19; 314:11, 17, 22; 315:4, 11, 13, 16; 322:14; 332:17; 335:3 Commerce [1] 179:15 Committee [1] 229:10 communicate [1] 286:14 communicated [2] 288:21; 289a communication [1] 290:9 communications [2]. answered to communications WATER PCB-SD0000063703 BSA Depo of: WILLIAM PAPAGEORGE Monsanto v Aetna January 14. 1993 CR: 54035.0__________________ Look-See(29) 311:8. 11 companies [5] 199:4, 12, 22: 200:6; 309:2 COMPANY [4] 178:4, 11; 179:3; 180:10 Company [3] 211:12; 221:9; 299:12 company [13] 195:3; 197:12; 214:14; 228:18, 20; 251:17; 258:14; 260:7: 310:2; 317:3; 320:7, 17; 322:15 company-owned [1] 337:12 compiled [1] 253:7 completely [1] 219:7 completes [1] 262:17 complex [1] 327:4 compliance [1] 334:1 comply [1] 248:11 complying [1] 247:12 conceivable [1] 212:16 concern [15] 199:4, 12, 22; 200:5, 10, 18; 210:1, 3, 6, 12; 211:16; 222:1; 223:4; 243:22; 244:17 concerned [12] 198:10; 221:21; 222:22; 223:3; 228:11; 229:19; 238:10; 278:5; 284:10; 287:18; 294:14; 300:20 Concerning [1] 344:5 concerning [8] 196:12; 228:2; 229:10; 260:15; 284:22; 295:14; 307:9; 329:9 concerns [3] 223:6, 12; 249:19 conclude [1] 202:4 conclusion [1] 310:2 condition [4] 219:12; 230:1; 329:15; 340:11 conditions [28] 194:1; 201:12, 16; 202:4, 7, 15, 17, 19; 203:9, 10, 14; 204:19; 219:4; 221:20, 21; 222:21; 227:17; 228:3, 22; 229:11, 17; 230:3; 237:18; 248:18; 264:20; 268:9; 331:8 conduct [4] 253:2; 293:12, 13; 295:6 conducted [6] 241:22; 291:15; 294:10; 295:2; 298:1, 5 conducting [1] 203:11 confess [1] 221:22 confidence [1] 271:9 cuntinu [1] 260:20 confirmed [1] 251:18 confuse [1] 258:2 confused [2] 226:5; 247:16 confusing [1] 343:3 confusion [1] 319:8 connected [1] 309:17 connection [11] 202:20; 203:5; 208:4, 8; 220:21; 286:20; 289:1; 324:4; 341:10, 11; 342:3 consider [3] 284:21; 286:3; 310:6 considerably [1] 265:12 consideration [11] 200:9: 207:20; 244:2; 245:1, 7; 261:22; 271:12: 272:4; 279:16, 19, 20 considerations [1] 207:14 considered [14] 199:3; 207:5; 208:5, 8; 210:6, 12; 246:5; 251:9; 271:1, 17; 272:5; 280:7; 287:4; 312:9 considering [2] 200:20; 286:7 consistent [2] 253:2; 269:10 consultant [5] 260:5; 261:7; 269:11; 307:8; 331:16 consultants [8] 256:10; 278:2; 279:18; 286:5, 8; 287:5; 306:14, 17 consulting [6] 189:1; 258:14; 260:2, 11; 330:4; 331:12 Cont'd [1] 182:3 contact [3] 191:15, 18; 242:13 contacts [3] 225:20, 21; 255:3 contain [4] 258:17; 259:21; 269:17; 306:8 : contained [2] 232:12; 274:12 ' containing [1] 283:16 ' contaminant [1] 275:16 : contaminated [3] 254:15; 274:20; 328:18 Contamination [2] 275:11, 12 contamination [61] 254:4; 255:8, 22; 256:6, 11, 18; 257:2, 7, 10, 12, i 13, 21; 258:12, 21; 259:1, 8; 260:3 ; 261:9; 269:22; 270:6; 271:1, 2, 17, 18; 272:12, 18; 273:10; 274:5, 17; 275:9, 20; 276:3, 7, 11, 12. 16, 21; 277:9, 18, 19; 278:6, 8; 279:3; 280:5, 9, 13, 18; 281:2; 282:6; 305:15, 22; 306:9, 12, 18, 19, 21; 322:6; 329:9, 22; 330:17, 21 ; contending [1] 243:19 contention [1] 241:21 contents [2] 342:6; 344:10 context [3] 186:8; 255:11; 326:12 Continuation [1] 178:17 continue [2] 189:21; 190:12 ! continued [3] 186:1; 204:22; 207:22 continues [1] 189:22 ! Continuing [3] 204:15; ! 270:17; 292:17 continuing [1] 183:5 contractor [2] 260:19; 306:14 I contractors [1] 306:17 contracts [3] 286:4, 8; : 287:4 1 contribution [1] 308:10 ; conversation [5] 185:8; , 196:1, 3, 7, 11 i conveyed [1] 289:10 ! cope [1] 247:9 copies [1] 324:15 : copy [11] 206:18; 211:7; i 213:13; 260:12; 288:6; ! 312:21; 315:10; 323:22; 324:22; 328:15; 332:12 corner [2] 206:10; 296:21 ] Corporate [2] 212:10; ! 303:3 i corporate [6] 261:14, 21; 263:20; 264:4; 299:19; 331:5 corporate-wide [1] 252:2 CORPORATION [1] 181:1 Corporation [1] 179:6 corporation [2] 299:22; 308:20 corrected [1] 274:15 corrective [15] 245:3, 6; 248:17; 265:10; 280:3, 6; 281:1, 5, 6, 9, 12, 16, 22; 282:5, 15 correctly [3] 293:5; 298:9; 320:16 correspondence [5] 235:8; 238:1, 9, 14 cost [4] 210:4; 245:18; 247:7; 265:17 costly [1] 247:8 costs [12] 208:5, 7, 13, 20, 21; 209:3, 19; 228:16; 245:5; 265:15; 266:1, 7 couch [1] 307:22 counsel [6] 185:21; 186:15; 252:17, 19; 253:6; 308:16 country [1] 317:10 COUNTY [1] 178:2 couple [5] 219:21; 230:14; 318:13; 334:5; 339:20 course [27] 184:8; 187:19, 20; 188:2; 202:12, 18; 220:17; 222:3; 225:11; 234:13; 245:5; 251:6, 21; 255:13; 265:9; 278:16; 282:11; 287:6; 288:9, 14; 289:20; 293:21, 22; 297:3; 298:14; 300:22; 340:14 COURT [9] 178:1; 199:21; 210:11; 256:22; 271:15; 273:7; 274:2; 317:15; 323:12 Court [1] 183:13 courteous [1] 262:10 cover [2] 293:9; 316:1 coverage [4] 312:10, 12; 316:17; 317:19 covered [10] 214:9; 254:10; 274:19; 295:13; 298:8; 304:20; 306:1, 4; 344:11 Creating [1] 268:19 creating [1] 265:15 cross-copies [1] 206:17 cross-copy [1] 206:14 cross-out [1] 315:12 curiosity [1] 220:11 Current [1] 243:3 current [9] 334:17; 335:7, 11, 21; 336:7; 337:18, 19; 338:2, 10 currently [1] 255:17 customers [1] 221:11 cut [3] 214:6; 262:10; 263:8 -D- D.C. [2] 179:9; 180:14 dam [1] 341:4 danger [1] 184:4 darn [1] 319:3 data [4] 317:1, 2; 318:3; 329:17 date [13] 192:21, 22; 195:18; 211:6; 226:15; 258:1; 260:10; 267:19; 285:7; 305:20; 313:4; 314:11; 325:6 dates [2] 227:14; 228:17 dating [1] 232:10 Daues [2] 205:14, 15 day [6] 178:20; 189:22; 236:14; 294:19; 333:19; 347:4 days [3] 214:9; 218:22 deal [1] 214:17 dealing [1] 311:3 dealt [2] 263:14; 321:22 decades [2] 232:11; 278:20 December [7] 267:18, 20; 268:1, 5, 8, 22; 283:2 decided [3] 201:1; 263:19; 266:6 decision [3] 264:18, 21; 265:20 defend [1] 190:3 DEFENDANT [4] 179:12; 180:1, 10; 181:1 defendant [2] 184:4, 10 Defendants [2] 178:13, 18 defendants [3] 184:1, 4, 9 defense [5] 226:22; 227:3; 252:17, 18; 253:6 define [4] 259:15; 275:15; 329:12; 330:6 defined [3] 248:20; 252:10; 259:21 Defining [1] 264:17 definitely [1] 275:17 definition [3] 189:11; 200:19; 318:7 degree [4] 209:5; 245:14; 271:9; 305:12 DELAWARE [1] 178:1 Delaware [1] 181:6 delay [2] 246:6; 318:11 delegated [1] 288:1 deliberations [2] 209:7; 310:6 Department [7] 212:11; 214:16, 21; 231:11; 303:3; 317:8; 328:4 department [1] 317:8 Depending [1] 217:18 depending [1] 209:6 depends [5] 206:15; 237:13; 268:4; 280:3; 336:3 deposit [2] 322:7, 19 deposited [30] 193:8, 15; 194:19; 199:5, 9; 222:13; 232:20; 236:22; 270:7; 271:2, 18; 272:13; 273:11; 274:6; 276:4, 13; 277:10; 278:9; 279:4; 281:3; 282:7; 320:8, 18; 321:1; 322:22; 323:6, 15; 341:16, 17; 342:13 Deposition [26] 182:8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20; 203:15; 206:1; 210:16; 216:8; 233:5; 239:19; 266:14; 282:18; 295:9; 311:13; 323:17; 332:3; 343:22 deposition [8] 178:17; 185:22; 186:1, 16; 187:2; 227:5; 253:22; 347:3 depression [1] 222:10 depth [3] 258:18; 259:14; 345:22 describe [5] 222:18; 276:22; 291:14; 294:21; 298:4 described [8] 255:16; 265:2, 5; 276:6; 287:11, 14, 18; 338:1 describing [1] 343:1 description [3] 237:16; 242:18, 20 design [2] 237:20 designate [1] 214:11 designated [4] 214:10; 274:21; 298:5; 337:16 designating [2] 297:4; 341:13 designation [2] 285:4; 346:2 designed [1] 263:17 Desk [1] 210:21 desk [2] 213:6, 14 destroy [1] 313:14 detail [4] 237:9, 15, 17; 299:8 details [13] 201:9; 223:4; 238:13; 243:19; 244:11; 255:13; 256:15; 290:5; 291:2; 304:22; 326:20; 327:10; 330:19 detected [1] 270:10 determine [6] 242:1; 259:7; 260:2, 20; 272*20; 292:4 determined [4] 228:13; 258:22; 306:21; 319:12 determining [2] 203:13; 300:1 developments [2] 212:1; 286:11 dialogue [3] 329:14, 20; 331:7 difference [2] 207:9; 324:12 difficult [3] 211:8; 218:10; 245:13 difficulty [4] 218:8; 325:12; 345:4, 5 dig [1] 322:6 direct [3] 211:9; 233:16; 236:1 directed [1] 257:12 direction [2] 290:11; 326:22 directions [1] 341:12 Director [50] 239:4; 255:1; 261:2; 287:7; 289:13; 291:11, 14, 16, 18, 22; 292:5, 11, 18, 19; 293:6, 11, 19, 21; 294:3, 7, 10, 13, 14, 19; 295:2; 298:10, 15, 18, 22; 299:10, 11; 300:6, 12, 18; 301:5, 10, 13, 18, 21; 302:11; 303:7; 304:17, 21; 305:16; 306:4; 308:1, 3, 12; 309:3; 311:20 director [4] 292:3; 293:7; 295:6; 298:1 disadvantage [1] 281:4 discharging [1] 242:12 discovered [3] 261:8; 269:11; 280:19 Discovery [2] 183:7; 185:6 discovery [4] 186:8; 242:5; 253:3; 283:13 discuss [8] 186:14, 20; 187:1; 191:12; 243:6; 298:13; 299:8; 300:7 discussed [23] 197:8; 200:10; 207:8; 217:5; 230:11; 241:2; 243:14; 244:17; 250:10; 288:5; 294:4; 304:19; 305:15; From companies to discussed WATER PCB-SD0000063704 BSA 306:14, 18; 307:12, 21; 309:2. 7; 311:22; 312:10, 12; 342:2 discussing [2] 213:8; 333:19 Discussion [6] 233:7; 248:6: 307:6; 313:8; 331:19; 339:8 discussion [15] 186:2; 200:13; 232:8; 241:16; 255:10. 11, 12, 14, 18; 275:9: 291:14; 292:9; 309:6; 341:22; 345:10 Discussions [1] 186:17 discussions [20] 186:15, 18. 19; 228:5, 9; 231:20; 240:12, 16, 19; 241:4, 8; 243:5; 250:3, 7; 278:5; 307:14; 321:8; 330:3; 334:1; 344:19 dispense [1] 303:20 Disposal [3] 332:9; 336:4; 344:6 disposal [22] 191:8; 192:9; 232:10; 234:14; 236:16, 18; 237:7, 18; 242:8; 306:7; 322:15; 333:12, 13; 334:17; 337:11, 13, 16, 18, 19; 338:2, 15 dispose [2] 338:19; 339:1 disposed [1] 338:18 disposing [1] 338:21 dispute [2] 242:20, 22 distance [3] 258:16; 259:5; 274:22 distant [1] 270:18 distinct [2] 345:2, 5 distinguished [4] 223:18; 244:10; 259:16; 345:22 Dmytrvszyn [12] 299:2, 3, 14, 17, 18; 300:11; 302:5, 7, 10, 13, 15; 303:1 document [57] 198:15, 18; 204:10, 14, 21; 206:7, S; 210:21; 211:1, 7; 233:13; 238:4, 18, 21; 240:9; 267:12; 272:14, 19; 273:12. 19; 274:11, 18; 275:4; 276:19, 22; 277:4, 8, 14; 279:2; 282:20; 283:6: 284:2, 6, 17, 18; 285:12; 295:16, 19; 297:22; 304:8, 9; 311:15; 313:1, 22; 314:1, 9, 22; 323:19; 324:19: 325:11; 333:3, 5; 334:11, 16; 335:2; 344:11, 16 documentation [1] 196:11 documents [13] 196:19; 222:2; 278:1; 283:7, 8, 15; 284:1, 11. 21; 295:13; 324:9; 331:14; 344:7 Doesn't [1] 337:16 doesn't [20] 205:2; 227:19; 229:3; 236:13; 246:7, 10; 267:21; 271:8; 274:14; 275:22; 303:20; 306:1: 312:21; 332:21; 335:21; 338:9, 10; 341:18; 343:19; 344:17 Donnenfeld [1] 179:5 dot [2] 272:17, 20 double-checked [1] 232:1 doubt [3] 196:9, 10; 198:20 Depo of: WILLIAM PAPAGEORGE Monsanto v Aetna January 14, 1993 CR: 54035.0 doubts [2] 319:19; 320:15 Dow [1] 319:1 dozen [1] 343:14 Dr [9] 299:17 ; 300:11; 302:4, 6, 9, 13, 15, 22 draft [4] 317:5, 7 drafted [1] 2843 drill [1] 222:3 drilled [1] 259:19 driving [1] 220:3 drop [1] 247:21 dropped [1] 213:13 dropping [1] 320:11 drove [1] 341:8 dry [3] 341:1; 343:5, 9 duPont [1] 318:21 duty [1] 290:8 -E- early [23] 191:19; 225:16; 226:18; 227:15, 20; 228:1, 7; 229:1, 12, 18; 230:4; 236:12; 240:22; 258:9, 11; 260:2; 269:12; 328:22; 330:7, 13, 17, 22; 333:11 ears [2] 286:17; 288:12 easier [1] 246:7 east [1] 242:6 economic [1] 265:9 economical [1] 248:21 economically [l] 265:12 economics [1] 265:19 Ed [4] 191:17, 19; 192:8; 195:7 efficiently [1] 245:17 effort [3] 192:2; 209:17; 261:12 EIL [1] 180:1 Electric [1] 221:9 elicit [1] 184:22 elsewhere [3] 218:3; 273:1; 317:9 embarked [1] 261:12 emphasis [2] 335:7; 336:7 employed [1] 305:4 employee [5] 205:12, 17, 18; 213:11; 337:22 employees [3] 249:7; 318:17, 19 encompass [1] 336:10 encompassing [1] 336:22 end [2] 210:4; 261:16 engineer [1] 305:13 engineering [1] 223:19 engineers [2] 239:12; 249:10 enter [2] 183:22; 337:5 entered [1] 189:3 entering [1] 326:22 entitled [3] 266:19; 272:16; 324:1 entry [1] 236:2 envelope [1] 214:8 environment [2] 213:10; 214:12 Environmental [8] 229:10; 231:11; 239:5; 255:1; 261:2; 263:13; 287:7; 289:13 environmental [25] 189:5; 195:10; 197:10, 18, 21; 198:5, 19; 200:11, 18; 211:22; 212:6; 214:11; 215:11; 216:14; 217:2; 218:11; 223:19; 224:8, 19; 229:2; 232:18; 239:12; 249:9; 308:16; 340:8 environmentally [1] 336:5 I EPA [3] 194:7; 211:11; ! 233:19 equate [1] 257:6 equation [1] 257:8 escape [1] 291:2 essence [3] 232:13; 235:1; 238:11 establish [1] 260:12 established [2] 202:17; 226:5 estimates [1] 208:12 et [1] 178:11 evaluation [8] 208:4, 19; 243:3; 245:15; 250:21; 252:1; 258:15; 271:11 evaluations [2] 207:15, 20 evasive [1] 319:10 event [2] 183:8; 308:11 Eventually [2] 197:2; 280:2 eventually [5] 197:3, 7; 202:15; 245:3; 258:8 everybody [3] 262:22; 284:4; 317:2 evidence [5] 185:1, 4; 231:2; 306:7; 319:20 evolved [1] 207:18 exact [7] 195:18; 197:9; 205:9; 242:8; 298:7; 299:5; 340:2 exactly [3] 228:4; 236:13; 269:19 EXAMINATION [1] 182:3 examination [2] 253:2, 7 except [1] 311:3 exclude [2] 191:3; 270:1 Excluding [1] 191:4 excluding [1] 225:22 excuse [1] 280:1 Exhibit [48] 182:8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20; 203:15, 19; 206:1, 5; 210:16; 216:8; 233:5, 10; 235:7; 238:22; 239:1, 10, 19; 240:1; 249:1; 266:14, 18; 282:18; 283:1; 295:9, 12; 296:12; 311:13; 312:15; 313:15, 16, 21; 323:17, 22; 328:1; 332:3, 7; 343:22; 344:4 exhibit [1] 307:3 EXHIBITS [1] 182:6 exist [3] 242:9; 334:20; 336:10 existed [4] 201:17; 230:3; 247:19; 319:18 existence [2] 196:19; 276:20 existing [1] 221:20 exists [2] 277:1, 4 expect [1] 318:21 expected [5] 209:19; 250:22; 288:11, 19; 310:14 expeditiously [1] 286:13 expenditures [1] 243:13 experience [3] 189:13; 202:14; 246:12 expert [4] 189:8, 9, 11; 266:11 explain [2] 183:12; 334:18 explicit [1] 265:22 expressed [4] 193:3, 4; 200:12; 241:14 expression [4] 185:2; 264:4; 291:13; 300:2 extensive [2] 191:10; 220:2 extensively [1] 192:4 extent [6] 232:7; 238:8; 283:10; 289:18; 310:16; 311:11 extra [1] 206:17 extremely [2] 211:8; 319:22 eye [1] 232:6 eyes [3] 286:17; 288:11; 339:4 - F- fact [20] 188:13; 208:18; 210:3; 219:1; 226:7; 242:16; 245:10; 253:11; 254:22; 255:18; 258:21, 22; 259:7, 18; 260:18; 282:6; 318:16; 320:2; 338:9; 341:7 facts [1] 185:3 fading [3] 223:11; 282:13; 343:18 faint [1] 194:9 fair [8] 188:4, 7; 193:21; 200:17; 246:15; 299:20; 300:17; 327:7 Fairly [1] 195:17 fairly [6] 195:16; 245:17; 275:14; 340:19, 21; 345:21 familiar [3] 312:6; 321:9, 10 farms [1] 278:17 fashion [3] 248:21; 288:13; 307:17 favor [1] 266:13 FAX [3] 179:18; 180:8, 16 Federal [1] 180:4 federal [1] 234:14 feel [6] 246:9; 284:6; 307:19; 320:1, 2; 336:13 feels [1] 291:17 felt [8] 189:14; 212:17; 239:2; 248:16; 288:12; 292:4; 308:10; 319:20 fence [2] 219:6, 7 field [4] 212:15; 214:12; 230:17; 231:1 Fielding [1] 180:12 Fifties [1] 236:18 filed [1] 333:8 files [1] 215:7 filing [1] 297:20 Final [1] 332:8 final [5] 202:16; 317:5, 7 find [9] 191:6; 194:19; 251:2; 258:11; 273:4; 274:11; 277:5; 293:4; 298:12 Finding [1] 271:8 finding [1] 306:22 Findings [2] 269:10; 272:17 findings [2] 238:11; 329:16 finish [3] 203:2; 262:7; 263:6 finished [4] 204:15; 262:4, 9; 270:15 firm [13] 189:4, 6, 8, 14, 21; 190:2, 5 , 20; 260:2, 11; 330:4; 331:12 firms [2] 278:18; 321:22 First [1] 252:6 first [42] 192:10, 18; 193:7, 14; 194:12; 200:22; 210:7, 13, 20; 217:19, 20; ______________Look-See(30) 223:14; 225:5; 226:12; 227:10, 16; 228:1, 15; 233:20; 244:16; 248:22; 250:18; 254:4; 256:6; 257:13; 261:14; 267:10; 274:11; 285:10, 13, 22; 290:15; 302:2; 314:3, 18; 316:1; 324:20; 328:17; 329:2; 330:9; 340:14, 18 fishing [4] 242:13; 340:20; 343:6 fit [4] 199:18; 251:4; 253:9; 286:14 fits [3] 228:5; 242:17; 338:14 five [1] 339:9 flat [1] 230:17 flexibility [1] 290:8 flipping [1] 273:19 Flom [1] 181:3 Floor [1] 179:15 floor [3] 204:6; 235:18, 21 flowing [2] 290:11, 13 folks [1] 311:3 follow [3] 239:5, 17; 247:18 follow-up [1] 260:20 followed [9] 200:13; 239:15; 245:20; 251:13, 15, 18; 272:17; 301:17; 335:6 Following [2] 188:18; 189:2 following [4] 186:15; 194:6; 291:5; 347:4 follows [1] 186:1 forget [3] 221:10; 223:3; 322:3 forgot [1] 297:8 forgotten [6] 195:1, 21; 216:6; 223:8; 296:19; 297:9 form [4] 227:18; 306:5; 326:9; 340:15 formal [1] 226:11 formation [1] 259:20 formed [1] 342:9 formulate [1] 286:3 formulated [1] 287:4 formulating [1] 286:7 forth [2] 289:5; 305:2 Foshun [1] 218:1 found [14] 195:5; 199:13; 200:1, 6; 211:14; 259:19; 272:5; 274:13; 275:15, 16; 279:10; 302:10; 306:15, 17 foundation [29] 183:4, 16; 226:14; 242:21; 248:14 ; 249:21; 251:10; 254:6; 257:16; 260:17; 261:18; 264:1, 15; 266:9; 272:2; 279:5; 288:8; 294:17; 309:14, 22; 322:17; 326:18; 329:11; 330:2, 11; 332:19; 334:21; 335:13; 338:13 founded [1] 184:14 four [2] 225:11; 337:15 fourth [4] 204:6; 211:10; 235:20; 242:4 frame [1] 230:11 framed [1] 183:11 Francisco [1] 180:6 Frank [4] 298:20, 21; 299:6, 9 frankly [2] 322:8; 340:20 frequent [1] 301:7 frivolous [1] 294:22 discussing to frivolous WATER PCB-SD0000063705 BSA Depo of: WILLIAM PAPAGEORGE Monsanto v Aetna January 14, 1993 CR: 54035.0 front [1] 185:8 full [1] 214:8 fully [1] 183:13 future [l] 190:12 FYI [l] 206:21 -G- G4 [11 235:21 G4WA [7] 204:4; 235:13; 240:6; 267:3; 285:19; 314:6; 332:14 gained [1] 198:17 gather [2] 286:3; 298:11 gathered [3] 238:1; 287:3; 289:18 gathering [2] 286:6; 289:15 Gee [1] 312:11 Gene [3] 206:21, 22; 303:9 generated [3] 232:12; 284:17, 18 Gilliousen [14] 286:22; 288:6, 9, 16; 289:8, 11, 21, 22; 290:13, 22; 291:6; 303:2; 308:13, 15 give [13] 186:3; 191:15; 229:13; 249:18; 268:3; 277:2; 286:22; 291:19; 312:11; 318:17, 19; 327:12; 340:13 given [8] 226:3; 245:1; 255:19; 267:18; 272:4; 291:5; 292:12; 319:11 glad [1] 284:7 glanced [1] 206:8 Glenn [1] 303:3 goes [2] 207:13; 295:20 golly [1] 234:19 Gordon [2] 205:8; 224:22 Gosh [1] 321:15 government [15] 192:19; 193:7; 221:21; 222:1, 6; 223:2, 3, 6; 229:19; 238:9, 11; 247:12, 13; 331:8; 342:16 governmental [14] 194:13; 199:1; 209:14; 222:21; 227:10; 228:2, 10; 235:8; 238:1, 8; 248:11; 329:3, 7, 8 grabbing [1] 245:18 grant [1] 283:20 granting [1] 186:8 grass [1] 340:22 grassy [l] 230:17 greater [2] 261:12; 266:7 greenry [1] 340:22 Greensboro [1] 190:6 groping [1] 293:3 ground [2] 222:17; 307:2 grounds [4] 183:3; 184:20; 252:13; 295:22 Groundwater [5] 240:3; 249:17; 275:13; 306:13, 18 groundwater [72] 187:5, 9; 188:3, 5, 9, 16; 240:13; 250:4, 8; 254:4, 15; 255:8, 22; 256:3, 4, 6. 9, 10, 13, 18; 257:2, 6, 10, 12, 13, 20; 258:4, 8. 12, 21; 259:1, 8, 16, 21; 260:3, 5; 261:9; 269:17, 21; 270:6, 10, 19. 22; 271:8, 16; 272:12, 16, 18; 273:10; 274:5, 12, 17, 20; 275:12, 16. 20; 276:3, 7, 11, 21; 277:18; 278:7; 279:3, 10, 13; 280:19; 306:12, 13; 308:19; 328:18; 341:21; 342:8 Group [1] 203:20 group [12] 197:12; 205:20; 217:6; 224:1; 226:22; 227:3; 249:5; 277:2; 295:7; 299:7; 309:8; 347:1 growing [2] 222:16; 340:22 growth [1] 219:11 guess [5] 207:1; 273:21; 301:3; 328:12; 346:21 guest [1] 293:2 guideline [5] 263:13, 17, 19; 264:13; 265:18 Guidelines [1] 263:14 guidelines [5] 261:13; 264:9, 22; 265:22; 266:3 guys [1] 185:16 -H- hadn't [4] 247:5, 13, 14; 321:4 half [1] 294:19 hall [1] 185:19 band [1] 247:3 handed [1] 269:5 handled [5] 200:15; 214:21; 290:20; 312:5; 336:5 hands [1] 200:14 handwriting [9] 207:2; 211:4; 314:2, 8, 12, 18; 316:6, 7, 8 handwritten [6] 206:11; 315:7; 324:14, 21; 325:7; 326:6 happens [1] 219:1 happy [2] 248:3 ; 277:2 hat [1] 249:11 haven't [1] 218:22 Hazardous [1] 332:9 hazardous [10] 263:15, 21, 22; 264:13; 300:7; 336:21; 337:7, 10, 12; 338:15 he'd [1] 192:13 head [1] 293:14 heading [3] 242:4; 249:16; 269:9 hear [1] 184:13 heard [4] 193:10; 291:12; 310:22; 311:2 held [10] 237:15; 241:4, 16; 292:11, 13, 19; 294:10; 298:4; 301:19; 330:4 helical [1] 341:5 Helms [1] 190:6 help [15] 191:14; 225:1; 228:19; 243:2; 254:12; 256:19; 257:3; 269:14; 273:4; 276:19; 288:15; 330:5; 336:15; 344:17; 345:8 helpful [2] 237:14; 238:15 ' helps [2] 272:19; 276:7 Hendricks [11] 191:17, 20; 192:2, 4, 5, 8, 16; j 195:7, 12; 224-.U, 13 i Herrington [1] 180:3 I hesitate [1] 192:1 ! hey [1] 322:2 hierarchy [2] 299:13; 300:3 high [3] 271:9; 299:19; 300:2 higher [1] 247:7 Himes [6] 195:10; 224:15; 314:11, 16, 17; 315:1 hired [2] 228:18; 330:4 hiring [1] 246:9 historical [2] 191:7; 237:11 history [l] 321:9 Hmm [3] 218:6; 341:13; 342:6 hold [2] 287:22; 302:10 hole [1] 222:17 holes [2] 222 J; 259:19 hope [3] 200:19; 218:20; 256:12 hoped [1] 211:22 hopefully [2] 184:12; 291:8 horns [1] 245:19 Hotel [1] 178:19 hourly [1] 190:8 hours [1] 192:2 Houston [1] 213:4 Hudson [1] 221:8 HUGHES [17] 184:11; 185:7, 10, 14, 16; 247:22; 248:3; 253:13, 15; 284:15, 20; 296:2, 9; 312:22; 313:11; 325:18; 339:11 Hughes [3] 180:2; 253:22; 346:17 hundred [1] 278:3 hydrogeologist [1] 271:5 hypothetical [8] 183:4, 16; 184:21; 185:2, 3; 186:4; 268:17; 290:19 hypothetical [1] 186:11 -I- I'd [38] 183:2; 184:12; 192:10; 194:9; 198:10; 204:9; 206:4; 211:9; 212:19; 222:1; 223:1; 233:12, 16; 236:1; 252:6; 253:17; 254:3; 260:12; 262:5; 263:12; 267:10, 11; 269:3; 271:4; 273:5; 282:2; 285:10; 309:4; 312:15; 320:20; 326:21; 334:9; 335:16; 339:9; 344:13; 345:8; 346:7, 15 I've [13] 188:15; 195:21; 204:15; 223:8; 277:3; 287:14; 288:6; 291:12; 293:15; 297:8; 304:17; 333:6; 346:1 idea [2] 185:12; 326:12 ideas [1] 329:16 identification [24] 203:16, 19; 206:2; 210:17, 20; 216:9; 233:6; 239:20; 240:1; 266:15, 18; 282:19; 283:1; 295:10; 296:6, 12; 311:14; 312:15; 313:21; 323:18, 22; 332:4, 7; 344:1 identified [8] 275:21; 278:10; 282:9; 288:22; 291:22; 322:22; 323:5, 14 identifies [3] 273:2; 277:8; 279:2 identify [17] 193:8; 235:1; 271:22; 277:4; 279:1; 280:12; 284:6, 15; 302:17; 314:2, 10; 315:15; 320:22; 321:3; 325:14; 338:9, 10 identity [1] 345:5 II [1] 178:15 illegible [1] 326:3 immediate [3] 223:22; 271:13; 294:1 immediately [1] 197:4 impact [1] 227:4 impellers [1] 341:5 implemented [1] 265:8 implicit [2] 265:21; 266:2 imply [2] 211:2; 256:14 implying [3] 236:7, 9; 247:17 importance [2] 292:5; 294:15 important [8] 209:9; 212:12; 291:17; 294:18, 20; 295:3, 5; 300:19 impression [1] 194:4 improve [2] 303:20; 343:19 in-depth [1] 300:10 in-house [1] 308:16 in-issue [2] 283:12; 284:21 inactive [4] 232:11; 241:14; 338:1, 5 Incidentally [2] 226:19; 227:7 incidentally [1] 221:6 include [4] 223:20, 21; 265:8; 271:12 included [2] 255:14; 287:21 income [3] 190:22; 191:2, 4 incorporated [1] 185:3 Independent [1] 326:17 independent [1] 305:1 INDEX [1] 182:1 indicate [12] 191:11; 205:4; 206:18; 210:22; 259:20; 267:8; 271:9; 314:14; 324:22; 325:2; 332:12; 337:17 indicated [16] 196:4; 215:12; 217:1; 223:1; 232:3; 255:20; 256:7; 259:14; 276:15; 279:15; 288:11; 305:17; 318:14; 319:16; 320:7; 339:5 indicates [3] 205:21; 250:19; 314:16 indicating [1] 269:16 indication [8] 240:6; 249:18; 267:3; 272:11; 273:9; 274:4; 275:8; 332:11 indicative [1] 319:21 individual [9] 194:17, 22; 217:15; 244:9; 254:18; 292:3; 294:4; 321:15; 340:9 individuals [13] 187:20, 21; 223:16; 224:9; 226:1; 277:21; 278:12, 14; 309:17, 20; 311:1, 7; 317:4 industrial [1] 271:6 industries [1] 265:11 industry [2] 205:1; 272:1 inevitable [1] 245:16 infer [1] 294:9 inform [1] 251:16 information [79] 189:14, 17; 190:2; 191:7; 193:5; 194:4; 196:21; 197:5; 198:1, 17; 201:4, 9; 209:6, 7, 10, 13, 19; 213:15; 216:22; 217:5; 226:3, 8, 17; 232:1, 16; Look-See(31) 234:17; 236:11; 237:11, 13, 19; 239:14; 243:2; 251:5, 8; 254:14, 16; 255:19; 256:8; 257:19; 258:2, 8, 15, 20; 259:4; 272:3; 276:6; 278:4; 280:4, 9; 282:10; 283:10, 17; 286:3; 287:3, 17, 18; 288:21; 289:5, 9, 10, 16, 18, 20; 290:11, 13; 291:1, 6; 295:15; 305:19; 310:13; 319:22; 320:1, 6, 9, 17; 330:20; 335:4; 340:10, 14 information-gathering [1] 234:15 informed [8] 194:22; 196:16; 236:14; 241:20; 254:18; 289:14; 291:18; 301:1 informing [1] 298:13 ingredients [1] 272:6 inhibiting [1] 290:2 initial [4] 255:3; 257:9; 307:9; 314:15 initials [8] 297:3, 5, 6; 316:2, 4, 5, 7, 10 initiated [1] 293:8 input [1] 249:13 inquire [1] 237:7 inquiry [1] 317:11 insofar [1] 287:18 insolvent [1] 193:19 inspection [4] 220:6; 222:3, 5; 223:2 inspections [1] 220:9 installed [1] 327:3 instituted [2] 207:12; 264:19 INSURANCE [2] 179:12; 180:10 insurance [19] 309J, 6, 9, 10, 12, 16, 18; 310:3, 4, 6, 10, 17, 21; 311:2, 4, 8; 312:1, 10, 12 intend [3] 256:12; 257:8; 258:4 intended [3] 206:18; 325:1; 332:12 intent [6] 209:4; 280:2; 303:13; 316:18; 317:7, 20 interest [13] 193:3, 10; 195:1; 212:15; 226:6; 232:2; 238:12; 240:17; 241:14; 245:14; 262:19, 21; 263:1 interested [9] 207:17; 213:7; 215:16; 225:2; 237:11; 239:3; 299:6; 329:3; 342:16 interesting [2] 238:14; 310:13 Intermediate [1] 299:12 Intermediates [3] 302:22; 303:8; 328:10 INTERNATIONAL [1] 180:1 interpose [3] 183:10; 184:17; 295:21 interposed [2] 183:14; 184:6 investigation [3] 239:17; 261:6, 8 investigations [1] 239:6 investment [1] 191:4 investments [1] 191:2 invited [2] 293:1; 308:10 involve [2] 245:4; 338:20 involved [25] 187:21; 192:1, 19; 194:16; 201:6; From front to involved WATER PCB-SD0000063706 BSA 203:12; 205:2; 209:2, 16; 211:21; 217:14; 234:22; 237:21; 243:13, 18; 261:21; 277:22; 292:18; 294:3; 295:8; 301:11; 309:5; 310:5; 321:17; 332:20 involvement [3] 216:20; 293:9; 301:3 involving [3] 189:5; 192:16; 256:4 Iowa [1] 221:10 irrelevant [1] 277:12 issue [12] 183:13; 186:10; 189:5; 198:16; 261:14; 265:17, 18; 292:4; 294:3; 311:22; 312:1; 337:6 issues [11] 212:6; 217:16; 249:8, 10; 286:2; 294:15; 295:3, 5; 308:16, 19; 336:8 it'll [1] 346:17 item [4] 217:11; 306:2; 315:17; 324:16 items [6] 197:8, 13; 269:10, 13; 287:14; 288:5 zJ_z James [1] 180:2 JANUARY [1] 183:1 January [2] 178:20; 211:6 Jefferson [1] 179:8 Jessee [1] 218:7 job [13] 212:9; 226:16; 238:15; 239:4, 16; 251:21; 255:2; 287:6; 289:15, 20; 301:16; 310:5; 315:3 jog [1] 236:10 John [1] 328:9 JOHNSON [2] 283:22; 284:9 Johnson [1] 180:11 jointly [1] 279:18 Jordan [1] 178:21 judge [2] 185:6; 186:9 judgment [1] 250:21 July [1] 344:4 jumped [1] 310:2 Jumping [1] 233:9 June [2] 309:3; 313:16 - K- keep [6] 198:13; 212:1; 215:1; 286:11; 289:14; 306:6 keeping [1] 345:4 kept [4] 215:4, 7, 9; 293:15 kev [1] 198:11 kinds [3] 189:12; 295:7; 310:4 knowing [5] 190:13: 271:5; 281:8; 325:5; 337:22 knowledge [11] 185:1; 202:7; 250:9; 255:21; 279:17; 311:7; 319:17; 320:3; 322:12; 326:5; 338:7 -L- lack [25] 183:16; 242:21; 248:14; 249:21; 251:10; 257:16; 260:17; 261:18; 264:1, 15; 266:9; 272:2; 279:5; 288:8; 294:16; 309:14, 22; 322:17; 326:18; 329:11; 330:1, 11; 334:21; 335:13; 338:12 Depo of: WILLIAM PAPAGEORGE Monsanto y Aetna January 14, 1993 CR: 54035.0 _______________ Look-See(32) ' lagoon [3] 242:6, 7, 11 land [3] 222:11; 341:1; 345:21 landfill [1] 272:7 landward [1] 242:9 larger [2] 242:6; 266:1 last [7] 211:10; 243:2; 297:9; 314:15; 315:21, 22; 323:10 Late [1] 226:18 late [14] 227:15, 20, 22; 228:7; 229:1, 12, 18; 230:3; 236:12; 255:1; 260:14; 328:21; 330:16, 21 latter [2] 225:15; 240:21 laundry [1] 234:19 Law [1] 303:3 law [10] 189:4, 6, 8, 14, 20; 190:2 , 5, 20; 235:3 laws [1] 336:6 lawyer [1] 308:7 layman [1] 309:15 lead [1] 283:16 leads [1] 275:18 learn [8] 193:1, 7; 200:22; 227:10; 228:15; 256:17; 257:1; 330:9 learned [12] 192:19; 193:14, 17, 22; 194:12; 226:12; 227:16; 228:1; 256:10; 257:10; 328:17; 330:16 leave [1] 185:13 leaving [1] 327:1 legal [4] 264:19; 308:12, 16, 18 legible [1] 326:8 legs [1] 334:7 length [1] 262:21 lengthier [1] 301:2 letter [1] 233:11 levee [9] 320:13, 14; 322:4, 5, 7; 341:6, 7; 342:21 level [5] 208:15; 259:21; 270:10; 275:16; 286:15 liability [12] 243:6, 15, 22; 244:16, 17; 307:11, 20; 308:5; 309:21; 310:10; 311:22 LIBERTY [1] 179:12 Liberty [2] 184:9; 252:21 life [1] 290:20 likelihood [2] 199:2; 245:10 limit [2] 243:10; 335:21 limited [4] 203:8, 10; 301:9, 11 line [3] 312:19, 20; 325:16 lined [1] 237:5 lines [3] 265:2, 5; 315:12 list [6] 234:19; 239:13; 250:18; 287:22; 290:3; 324:15 listed [2] 267:2; 285:18 listen [2] 273:22; 291:18 Litigation [1] 283:3 litigation [8] 189:7, 9; 283:19; 284:3; 286:20; 287:1; 289:1; 296:8 livelihood [1] 244:3 living [1] 297:13 ' local [2] 316:17; 317:19 located [8] 194:17; 220:12; 255:16; 317:9; 328:6; 337:11, 13, 15 location [3] 235:14; 242:8; 270:18 locations [3] 265:13; 316:21; 318:1 look-see [1] 220:6 Looks [1] 316:11 looks [3] 269:4; 328:8; 340:19 lot [4] 191:22; 237:15; 290:7; 318:8 Louis [16] 178:19; 194:17; 204:5; 214:14; 215:4; 224:2, 4; 235:18; 267:4, 17; 285:20; 286:18; 288:12; 316120; 317:8, 22 low-level [1] 195:12 lunch [1] 252:3 Luncheon [1] 252:4 Lunsford [5] 205:8, 9, 19; 224:22; 225:2 - M- magazines [1] 214:7 mail [1] 204:6 mailing [7] 204:7; 235:14, 21; 267:3; 285:19; 314:6; 332:14 man [4] 292:8; 328:10, 11; 343:6 management [4] 183:6; 265:10; 295:6; 298:1 Manager [2] 302:21; 303:1 manager [25] 191:12; 192:3, 4, 16; 195:9, 11, 19; 196:2, 4, 12, 22; 198:17; 223:20, 21; 231:10; 232:17; 278:2; 287:12, 17, 19; 288:3, 5; 294:5; 303:9; 340:7 managers [1] 223:18 Managing [44] 291:10, 14, 16, 17, 22; 292:5, 11, 18, 19; 293:6, 11, 18, 21; 294:2, 7, 10, 13, 19; 295:2; 298:10, 15, 18, 22; 299:10, 11; 300:6, 12, 18; 301:5, 10, 13, 17, 21; 302:10; 304:17, 21; 305:16; 306:4; 308:1, 3, 11; 309:3; 311:20 managing [1] 246:6 manner [3] 253:1; 293:14; 336:5 MANTA [177] 182:3; 183:2, 18, 21; 184:8, 19; 185:5, 9, 12, 15, 20; 186:2, 13; 188:22; 195:6; 199:10, 19; 200:3 ; 201:11, 21; 203:1, 17; 204:16; 206:3; 209:12, 22; 210:18; 212:21; 213:2; 215:21; 216:3, 6, 11; 217:7; 226:19; 227:2, 5, 6, 21; 231:18, 19; 233:8, 15; 235:5, 6; 237:3; 238:20; 239:21; 243:4, 10, 21; 244:15; 245:8; 247:10, 21; 248:2, 7, 13; 250:1; 251:14; 252:3, 6, 18; 253:11, 14, 19; 254:2, 8; 256:21; 257:4, 17; 259:12; 260:22; 261:17; 262:1, 5, 11, 14, 18; 263:3, 8, 11; 264:5; 265:4; 266:13, 16; 267:15; 268:6; 270:16, 21; 271:14, 20; 272:9; 273:5, 16, 20; 274:8; 275:2; 276:17; 277:15; 280:17, 22; 282:21; 283:20; 285:8, 9, 15; 288:20; 292:16, 21; 295:1, 17; 296:4, 10; 297:14, 15; 300:4, 16; 301:4; 303:22; 304:2, 11, 13, 15; 306:11; 307:3, 7; 309:19; 310:8, 15; 311:18; 312:8; 313:2, 4, 6, 7, 9, 15, 19; 317:13; 318:4; 319:2, 4; 323:10, 20; 325:20; 326:4, 14; 327:6, 14, 16, 19, 22; 329:1, 19; 330:8, 15; 331:20; 332:5; 333:1; 334:5, 8; 335:1, 19; 336:16; 337:9; 338:4, 16; 339:9, 14; 343:20; 344:2, 12; 345:18; 346:15, 20; 347:2 Manta [4] 179:13, 14; 185:19; 253:21 manual [2] 291:21; 292:2 Manufacturing [1] 302:22 manufacturing [2] 294:5; 339:2 map [2] 208:2; 345:8 Mark [4] 178:19; 179:13; 185:7; 247:22 marked [27] 203:15, 18; 206:1; 210:16, 19; 216:8; 233:5; 239:19, 22; 266:14, 17; 282:18, 22; 295:9, 12; 296:5, 11; 307:4; 311:13; 312:14; 313:20; 323:17, 21; 332:3, 6; 343:22; 344:3 Master [3] 183:7; 185:6; 186:9 match [2] 339:3, 6 material [12] 199:9, 17, 18; 222:15; 226:10; 275:15; 319:20; 320:8, 18; 321:1, 2; 322:21 materials [7] 232:12; 234:20; 246:11; 272:5; 322:5; 323:6, 15 matter [16] 183:12; 202:14; 209:3; 225:10; 245:15; 246:7; 283:6; 286:2; 294:22; 302:1, 2, 3; 308:2, 4; 312:7; 317:10 matters [18] 197:8, 12; 204:22; 211:22; 214:10, 11; 227:1; 286:5, 9; 289:22; 308:18; 309:6, 10, 18; 310:17, 21; 328:13; 344:11 MCI [7] 211:22; 212:6; 221:16; 240:2; 249:17; 308:17, 21 McKee [1] 303:3 MCO [7] 233:11; 235:9; 283:4; 296:14 Meagher [1] 181:3 mean [22] 196:15; 197:3; 206:14, 15; 222:10; 229:3; 255:7; 256:14; 257:6; 258:2; 264:20; 267:22; 269:22; 275:22; 280:2; 283:22; 284:13 ; 290:9; 306:1; 309:11; 321:3; 336:1 meaningful [1] 327:12 means [8] 202:11; 206:17; 235:13; 246:9; 249:2; 300:2 ; 312:19; 329:21 meant [4] 259:13; 264:7; 306:9; 322:8 meantime [1] 288:16 measurable [1] 345:22 I measure [1] 245:13 1 media [7] 212:14; 226:2; ! 316:16, 18; 317:11, 18, I 20 meet [3] 202:19; 203:4; 248:18 Meeting [1] 344:5 meeting [37] 197:9, 22; 198:19; 200:18; 216:14; 217:3; 218:10, 12; 229:2; 268:13, 16, 22; 269:6; 279:16; 290:18; 293:2; 298:3, 14; 299:4, 6; 300:18; 301:2, 19, 21; 302:13; 303:12, 15, 16; 304:9; 305:20; 306:4; 307:12; 308:8; 309:2 , 3; 312:10, 12 Meetings [1] 203:20 meetings [14] 197:10, 18; 198:6; 200:11; 217:3; 240:12, 15; 241:1, 3; 250:3, 5, 10; 300:14; 304:4 meets [1] 202:16 member [7] 212:10; 224:18; 232:18; 239:14; 290:4; 294:2; 3283 members [3] 213:12; 287:21; 340:8 memo [2] 196:8; 303:11 memorandum [17] 203:20; 205:21; 206:5; 235:8; 240:2; 266:19; 267:19; 283:2; 288:7; 296:13, 18; 302:19; 304:3; 313:16; 314:4; 332:8; 344:4 memorialized [1] 196:7 memories [2] 223:11; 282:14 memory [15] 194:3, 10; 195:8; 222:2; 223:12, 17; 236:10, 13; 243:17; 303:19; 324:20; 325:4; 328:20; 343:18, 19 mention [2] 217:20; 334:19 mentioned [17] 187:16; 190:20; 191:17; 200:20; 216:12; 217:4, 8, 11, 16; 222:14; 232:21; 259:18; 261:8; 288:6; 297:17; 306:10; 341:9 mentioning [1] 244:10 methods [4] 236:16, 18; 237:7, 18 MFW [2] 316:2, 4 middle [1] 333:10 miles [4] 271:11; 280:5; 337:14, 15 mind [17] 197:5; 207:9; 216:2, 3; 226:15; 227:19; 248:9; 253:15, 16; 278:13; 292:15; 306:6; 319:18; 320:15; 336:18; 337:6; 343:10 mine [7] 207:1; 297:4; 314:2; 315:9, 14, 20, 22 minute [2] 207:16; 270:14 minutes [3] 198:5; 253:19; 339:9 Mischaracterizadon [1] 300:8 miscbaracterization [9] 199:7; 215:14; 216:16; 231:16; 244:21; 277:11; 280:15; 312:2; 345:14 involvement to miscbaracterization WATER PCB-SD0000063707 BSA Depo of: WILLIAM PAPAGEORGE Monsanto v Aetna January 14, 1993 CR; 54035,0 mislead [1] 256:12 uiLsleading [1] 338:8 Miss [2] 224:12; 297:18 missed [1] 272:15 missing [1] 324:11 Missouri [1] 178:19 mistaken [2] 226:21; 342:22 misunderstood [1] 262:20 Mm-lmim [4] 204:1; 218:17; 254:9; 338:7 mm-hinm [2] 211:14; 249:12 moment [9] 188:1; 204:9; 205:16; 206:4; 233:9, 12; 293:3; 300:13; 341:1 money [1] 199:6 monitor [1] 286:10 monitored [1] 288:18 MONSANTO [2] 178:4; 179:3 Monsanto [176] 188:18; 189:6, 10, 16; 190:3, 15, 17; 192:8; 193:5, 15; 194:13, 17, 19; 195:3; 196:12, 22; 199:5, 9; 200:22; 201:5, 16; 202:19; 203:4, 9; 204:5, 18, 22; 205:3, 4, 12, 17, 18, 20; 207:20; 208:8, 15, 18, 21; 209:2, 14; 210:4, 6. 12; 211:12, 16; 212:5, 10; 214:13; 215:18; 216:22; 220:17, 19; 221:5, 11; 226:7; 227:11; 228:1, 6, 15, 18; 233:18; 234:7; 235:17; 236:5; 241:18, 20, 22; 242:19; 243:6, 12; 244:19; 245:4, 10, 15; 246:3, 7, 11, 12, 17, 22; 247:5, 11, 17, 18; 248:10, 16; 249:5, 7, 14; 251:6; 256:9; 258:14; 260:8, 13, 18; 261:3, 12, 13; 263:12, 19; 264:12, 18; 265:10, 17; 266:6; 271:7; 284:5, 18; 285:20; 287:7; 289:14; 291:21; 294:15, 20; 299:11, 13, 19; 300:20; 302:20, 22; 303:2, 8; 307:11, 19; 308:4, 15; 309:18, 21; 310:2, 9, 12; 311:4; 316:16, 19; 317:18, 21; 318:6, 17, 18, 20, 21; 319:6, 12, 19; 320:7, 11, 12, 18; 322:14, 19; 323:5, 14; 328:10; 329:8, 14; 330:5, 9; 331:12, 22; 333:8; 335:11, 12; 337:5, 6, 7, 12, 22; 344:20 month [4] 190:11; 214:9; 217:4; 236:13 months [4] 189:3; 194:5; 225:11; 301:18 Moore [1] 190:6 morning [3] 252:7; 346:17, 21 Motco [10] 192:20; 193:18; 194:14; 198:22; 220:15; 221:1, 3, 15; 225:17; 226:4 motivate [1] 239:13 mounds [2] 222:14, 16 move [3] 212:22; 263:5: 341:6 moving [1] 286:12 Ms [1] 224:11 mucking [1] 265:15 Mullis [1] 190:6 multi-year [1] 236:14 MUTUAL [1] 179:12 Mutual [2] 184:9; 252:21 mutual [1] 264:3 Myron [2] 299:2 ; 303:1 myself [6] 189:12; 221:4; 239:1; 300:22; 310:1; 345:9 mystery [1] 284:8 -N- N.VV. [2] 179:8; 180:13 name [18] 190:5; 192:11; 204:3 ; 205:15; 213:16; 221:10; 228:20; 297:8, 9; 312:19; 314:3, 10, 15, 16; 328:7; 331:11, 14; 332:11 names [1] 206:11 natural [1] 306:6 naturally [3] 279:12; 306:3; 310:18 naturally-occurring [1] 272:6 nature [5] 238:8; 301:5; 310:16; 333:16; 344:14 natures [1] 286:2 nearby [2] 271:6; 341:9 needs [1] 191:13 negotiating [6] 194:13; 228:2, 4; 329:7, 8, 13 neighborhood [1] 321:10 neighboring [1] 281:8 neighbors [1] 278:17 Neunreiter [4] 334:22; 335:16; 336:15, 18 news [1] 212:14 newspaper [4] 211:7; 212:17; 316:17; 317:19 newspapers [1] 214:7 Nobody [1] 322:1 Nods [1] 293:14 uon-owned [3] 220:22; 221:5, 15 non-parties [1] 283:18 nonetheless [2] 309:20; 310:9 nonwaiver [1] 344:8 normal [1] 289:20 Normally [1] 215:3 normally [2] 270:2, 9 NORTH [1] 181:1 North [137] 190:6; 226:13; 227:12, 17; 228:3, 16; 229:1, 11, 21; 230:3, 7, 10, 13, 16, 17; 231:21; 232:20; 233:1; 235:9; 236:6, 17, 19, 22; 237:4, 8, 12, 18; 238:2; 239:6, 17; 240:13, 16, 17; 241:19; 242:16; 243:6; 244:5, 10, 19; 245:11; 246:4, 17; 249:8, 20; 250:14; 254:5, 14, 21; 255:5, 15; 256:7, 11, 18; 257:2, 14, 21; 258:12; 260:3 , 9; 261:4, 7, 11; 264:12; 265:6, 8; 269:12; 270:7; 271:1, 17; 272:12, 13; 273:10, 11; 274:5, 6, 21, 22; 275:4, 7, 10, 17, 20; 276:3, 4, 12, 13, 20; 277:10, 18; 278:8, 9; 279:3, 4, 14; 280:19; I 281:3, 7, 12, 17; 282:16; 283:3; 286:5, 8; 289:16; 296:13; 298:2; 300:19; 301:1; 305:16, 20; 307:9, 20; 308:5; 313:17; 316:12; 326:5; 328:21; 331:17; 333:21; 334:15, 20; 336:11; 337:1, 14; 338:11, 18; 339:6; 341:10; 343:1, 2; 345:2, 11, 12; 346:2, 4, 6 north [2] 337:14; 345:6 North-80 [1] 266:20 notary [1] 178:22 notation [4] 210:21; 211 -3; 324:21; 326:6 notations [2] 198:12; 315:8 note [4] 198:9; 250:20; 324:17; 325:7 noted [2] 316:3, 7 notes [4] 198:8, 12; 304:3; 324:15 notice [2] 222:9; 309:2 November [2] 233:10; 266:18 number [11] 206:6; 233:11; 235:9; 249:19; 266:20; 283:4; 296:14; 319:15; 324:1; 335:21; 336:1 numbered [1] 315:17 numbers [5] 312:22; 313:5, 10, 11, 17 -0- o'clock [1] 216:10 Object [1] 326:9 object [1] 252:13 objecting [1] 184:20 Objection [61] 194:21; 199:7; 201:3, 19; 202:22; 209:1; 215:14; 216:16; 226:14; 227:18; 231:16; 237:1; 238:17; 240:14; 242:21; 244:7, 21; 246:20; 247:15; 248:12, 14; 249:21; 251:10; 254:6; 256:20; 257:16; 259:9; 260:17; 261:18; 264:1, 15; 266:9; 272:2; 276:14; 277:11; 279:5; 280:15; 288:8; 294:16; 299:21; 300:8, 21; 306:5; 309:14, 22; 310:11; 312:2; 322:17; 326:18; 328:19; 329:11; 330:1, 11; 332:19; 334:21; 335:13; 336:12; 337:2, 20; 338:12; 345:14 objection [17] 183:14; 184:6; 186:4; 199:15; 252:13; 253:8, 10, 12; 283:7, 15, 17, 21; 284:7, 11, 22; 285:4; 295:21 objectionable [1] 185:4 objections [12] 183:3, 5, 10, 16; 184:13, 18; 186:3; 252:6, 8, 9, 10 objective [3] 253:5; 261:20 objectives [2] 235:4; 265:7 observable [1] 342:19 observation [1] 342:11 observed [4] 242:7, 11; 286:15; 288:17 obtained [1] 256:9 obviously [1] 308:11 occasion [2] 219:17; 294:1 occasions [1] 300:5 occupied [1] 218:3 occur [2] 267:17; 311:21 occurred [11] 187:10; 197:14, 22; 207:8, 10; 218:12; 252:7, 9; 268:22; 270:6; 278:19 occurring [3] 228:10; 242:2; 279:12 offer [3] 183:3; 246:22; 252:12 offered [1] 302:15 office [10] 235:15; 240:7; 269:2; 285:19; 288:12; 290:5, 17; 291:21; 297:19; 302:13 offices [2] 204:5; 235:18 official [1] 247:2 officials [4] 211:11; 222:6; 284:18, 19 Oh [29] 186:19; 187:15; 189:2; 198:9; 207:16; 213:18; 214:15; 215:6, 21; 225:10; 228:17; 232:17; 234:19; 257:15; 267:8; 273:16; 278:11; 281:13; 289:7; 290:17; 291:12; 293:20; 297:3; 310:19; 318:18; 340:1, 19; 345:4 Okay [33] 183:9, 21; 184:16; 185:9, 20; 190:1; 199:11; 208:11; 227:2; 234:16; 235:5; 248:2; 251:15; 252:3; 253:14; 254:3; 257:5, 9, 22; 260:8; 263:3, 17; 264:6; 270:5; 284:14; 287:10; 296:17; 297:6; 304:13; 312:18; 327:14; 345:7; 347:2 okay [2] 184:19; 204:12 Old [1] 180:4 old [2] 232:10; 241:13 old-timer [1] 191:18 OMROD [7] 186:7; 210:10; 285:6; 297:10; 313:1, 5, 13 Omrod [1] 181:2 one-on-one [2] 302:4, 6 ones [2] 301:7; 330:4 operate [1] 310:3 operated [2] 195:3; 220:19 operating [2] 291:15; 303:2 operation [2] 202:2; 244:5 Operations [5] 239:5; 255:1; 261:3; 287:7; 289:14 operations [1] 338:22 operator [1] 243:18 Opinion [1] 338:12 opinion [11] 185:3; 246:5 ; 24h4, 9, 12; 265:10; 295:4; 308:12; 326:19; 336:12; 337:20 opportunity [3] 215:20; 253:9; 295:5 opposed [1] 335:11 option [1] 289:3 oral [1] 226:9 order [5] 183:6; 280:7; 289:19; 297:11 orders [1] 253:3 organization [2] 214:6; 291:16 orient [1] 345:9 originally [1] 186:10 originated [1] 211:12 originator [1] 297:4 origins [1] 340:16 Orrick [1] 180:3 ought [3] 202:16; 212:17; 291:20 Look-See(33) ourselves [1] 286:12 Outline [1] 344:4 outline [7] 269:5, 7; 272:10; 273:9; 274:4; 275:6, 8 outside [8] 253JO; 283:14; 285:1; 286:4, 8; 287:5; 330:4; 331:11 overhead [1] 269:4 owned [1] 220:19 owners [1] 193:18 - P- p.m. [2] 267:18; 3473 PAGE [1] 182:2 Page [1] 333:2 page [25] 210:20; 233:17; 236:2; 242:3; 248J2; 269:3; 272:16; 275:3; 285:13, 16; 315:6, 9, 15, 16, 18, 19, 20, 21, 22; 316:1, 2; 319:15; 333:2 pages [2] 274:16; 275:6 paid [2] 190:8; 227:7 panel [1] 309:9 PAPAGEORGE [1] 178:18 Papageorge [63] 182:8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20; 186:14; 191:6; 192:18; 203:15, 18, 22; 206:1, 11; 210:16, 19, 20, 22; 213:3; 216:8, 12; 227:7; 233:5; 235:10; 239:19; 240:1, 4; 248:9; 254:3; 263:9; 266:14, 18, 22; 273:15; 282:18, 22; 283:1; 285:17; 295:9, 12; 296:12, 15; 311:13; 313:20; 317:13; 323:17; 324:22; 327:17; 332-3, 7, 11, 12; 339:15; 343:22; 344:3; 346:20 paper [4] 247:2, 5, 14; 266:3 Paragraph [1] 288:5 paragraph [19] 211:10; 236:2; 242:4, 10; 250:19; 267:10, 13, 16; 285:22; 286:1; 288:22; 289:5; 314:19; 325:7, 9, 12; 326:11; 333:10; 344:13 parenthetical [1] 250:20 Park [7] 211:1, 20, 21; 212:3; 218:1, 2, 3 part [23] 192:2; 193:11; 194:16; 213:8; 218:8; 225:15; 239:4, 16; 240:22; 252:22; 255:10; 261:12, 21; 263:13, 19; 264:12; 265:17, 19; 289:12, 15; 290:12; 315:3; 320:21 partially [1] 326:7 participate [2] 292:9; 331:7 participated [2] 205:19; 250:12 participating [1] 208:19 participation [3] 204:21; 250:15; 331:10 parties [7] 193:8; 203:11; 209:14, 16; 235:2; 296:7 parts [1] 288:1 party [3] 211:17; 266:13; 323:9 pass [1] 289:19 passage [5] 188:13; 223:10; 229:6; 282:13; 343:21 passed [1] 289:20 From mislead to passed WATER PCB-SD0000063708 BSA Depo of: WILLIAM PAPAGEORGE Monsanto v Aetna January 14, 1993 CR: 54035.0 Look-See(34) pattern [1] 340:3 Pause [l] 334:4 pay [9] 199:6, L4; 200:2, 7; 208:9, 21; 211:17; 228:16: 330:10 paying [1] 210:4 pb [2] 296:22; 297:4 PCB [2] 189:5; 214:10 PCBs [2] 189:13; 214:13 Peggy [1] 297:8 Pennsylvania [1] 179:16 pension [2] 190:15; 191:1 people [37] 191:14, 15; 193:2, 5, 8, 11; 200:16; 203:12; 214:6; 217:10, 13; 224:2; 230:5; 231:12, 20; 232:2; 233:3; 239:18; 241:5, 14, 20; 245:2; 249:14; 250:16; 255:4; 278:3, 15, 16; 279:17; 301:2; 302:18, 19; 316:21; 317:9; 318:1; 324:15; 340:7 perceived [1] 264:21 perception [2] 247:4, 11 perform [1] 255:17 performed [1] 265:11 period [20] 187:15; 213:7, 8; 216:19; 228:7; 230:13; 234:22; 236:14; 240:21; 241:22; 243:10; 245:12; 246:1, 16; 248:13; 254:11; 255:2; 298:16; 328:21 periodic [1] 214:8 permission [2] 320:12 permit [1] 322:1 permitted [1] 322:19 person [20] 195:1, 7, 12; 196:5; 202:13; 206:16; 218:4; 224:19; 244:3 , 4; 277:16, 20; 279:2; 288:16; 323:9; 328:15; 331:1; 340:12 personal [5] 202:6; 220:10; 249:12; 250:21; 331:10 personally [11] 201:9; 205:22; 209:17; 220:12; 230:21; 277:22; 290:10; 292:18; 300:1; 309:5; 311:21 personnel [5] 328:10, 11, 13, 14; 337:6 persons [1] 310:17 peruses [14] 204:14; 206:7; 233:13; 267:12; 272:14; 273:12; 282:20; 295:16; 311:15; 323:19; 325:11; 333:5; 334:11; 344:16 petroleum [1] 278:17 Philadelphia [1] 179:16 Phonetic [1] 218:1 photograph [1] 343:7 phrase [1] 264:10 physical [1] 219:12 pick [1] 232:6 picture [1] 251:22 piece [10] 194:4; 209:6, 10; 217:4; 247:2, 4, 14; 266:3; 278:3; 310:13 Pierle [2] 218:5, 6 pit [5] 222:10, 18; 341:16; 342:5. 6 pitch [1] 239:3 pits [9] 222:9, 12; 236:22; 237:4; 242:8; 341:18, 21; 342:1 place [23] 188:9; 201:10; i 205:16; 215;8, 10; 218:10; i 220:6; 228:14; 230:19; I 239:6; 240:20; 245:4, 6; J 255:12; 26512; 275:9; I 278:19; 281122; 282:4; 290:9; 294:12; 339:22; | 345:12 I placed [1] 319:16 i PLAINTIFF [1] 179:3 Plaintiff [1] 178:6 plant [53] 191:9, 12; 192 J, 4, 16; 195:9, 11, 19; 196:1, 4, 12, 22; 198J, 17; 200:16; 205:11; 213:11, 13; 220:18; 223:18, 20, 21; 224:8, 19; 231:8, 10; 232:13, 15, 17; 236:12; 241:6; 255:4; 271:7; 278:1, 16; 279:17; 287:12, 17, 19; 288:3, 5; 290:1; 303:4, 9; 305:5, 8; 321:8, 16; 331:6; 337:14, 16; 340:6, 7 plants [2] 212:7; 215:18 plasticizer [1] 338:20 play [1] 288:19 playing [2] 205:4, 7 Please [1] 251:1 please [2] 262:16; 263:6 point [9] 191:12; 205:1; 237:14; 256:1; 270:11; 279:15; 291:2; 306:20; 307:1 pointing [1] 230:20 points [1] 321:7 policies [1] 309:21 Policy [1] 229:10 policy [13] 197:10, 18, 21; 1985, 19; 200:11, 18; 216:14; 217:2; 218:11; 229:2; 261:13; 264:12 pollution [2] 322:9; 324:1 pond [1] 343:6 ponds [3] 338:22; 346:14 pool [3] 340:21; 343:5; 346:11 portion [1] 208:21 portions [1] 298:6 posed [2] 335:9; 336:9 position [13] 183:10; ! 192:6; 217:14; 237:14; ! 243:1; 261:2; 268:9, 14, 15; 269:18; 275:1; 286:13; 335:15 positions [1] 238:12 positive [1] 266:12 positively [l] 321:3 possibility [10] 200:21; 243:12; 244:18; 245:9; 272:4; 278:12, 14; 279:20; 312:1; 321:6 potential [9] 243:6, 22; 264:20; 278:13; 279:14; 307:11; 3085; 316:15; I 317:17 | potentially [1] 235:2 Potter [1] 3035 I PR [1] 317:8 practice [1] 285:6 practices [8] 191:8; 333:12, 13; 334:17; 335:8, 11, 18, 22 preceded [1] 326:11 precise [2] 263:9; 296:9 precisely [2] 273:21; 319:2 prefer [2] 184:12; 303:22 premises [1] 2225 prepare [4] 250:18; 296:18; 316:14; 317:16 prepared [9] 187:21; 196:8; 208:13; 277:1; 298:13; 317:7; 322:13; 334:13; 343:18 present [15] 185:21; 187:11, 12, 14; 190:22; 197:19; 1985; 234:20; 268:20; 294:7; 308:14; 336:4; 343:13; 345:21; 346:12 Presentation [1] 275:4 presentation [7] 1885; 226:9; 267:17, 20; 2685; 275:7; 298:6 presentations [7] 1875, 9, 11, 18; 188:9, 16; 302:1 Presently [1] 190:1 presenters [2] 298:12 press [4] 225:17, 19, 21 pressures [2] 264:19, 21 presumed [1] 200:13 Pretty [1] 3195 pretty [1] 251:4 previous [5] 216:18; 227:15; 301:17; 317:14; 335:17 previously [3] 207:8; 252:9; 257:18 primarily [2] 214:10; 239:18 primary [2] 316:14; 317:16 prior [7] 215:15; 226:3, 10; 231:17; 261:1; 284:22; 340:10 priority [1] 217:20 privilege [3] 283:13, 18; 296:1 privileged [3] 283:10, 16; 295:14 privileges [4] 283:9, 11; 296:1; 344:9 probe [1] 322:9 problem [18] 184:15; 231:14, 15; 246:13 ; 247:9; 248:20; 253:5; 2645; 280:7; 285:5, 8; 330:17; 333:16, 19, 20; 341:20; 342:15; 344:15 problems [15] 228:16; 258:7; 329:9; 334:1, 14, 15, 19; 336:10, 20, 22; 338:10, 11; 345:3; 346:4, 8 proceed [5] 183:14, 20; 184:3, 7, 17 process [7] 207:10, 14; 208:4; 245:20, 21; 335:6; 339:2 processes [2] 207:16; 338:20 product [5] 283:9, 11; 295:14, 22; 344:9 products [1] 338:20 Professional [1] 179:6 professional [1] 319:14 program [5] 201:6; 237:20; 261:11; 264:11 progress [2] 239:5; 290:2 projection [1] 269:4 promise [1] 346:19 proper [2] 246:14 ; 346:2 properly [3] 183:11; 208:9; 283:12 property [2] 219:7; 220:20 proposal [2] 183:15; 332:18 I Proposed [1] 332:8 ! Protection [1] 263:14 protective [1] 297:10 provide [10] 188:10, 15; 189:14; 19651; 282:1; 289:7; 308:13 ; 317:1; 3185, 6 provided [11] 213:20; 2145; 215:1; 251:2; 257:20; 259:4; 289:4; 290:22; 307:8; 324:4; 330:20 providing [3] 190:2; 289:9; 309:1 Public [4] 212:10; 214:15, 20; 328:4 public [9] 178:22; 194:1; 249:1, 7, 10, 14, 19; 266:5, 10 publication [2] 213:21; 214:4 publications [1] 213:22 publicity [2] 227:16; 244:13 puddles [2] 259:16; 345:22 pull [1] 302:14 pulsing [1] 324:1 pumped [1] 326:21 pumping [2] 326:16; 327:9 Pumps [1] 324:1 pumps [4] 327:2, 3, 4; 341:5 purpose [6] 183:13; 220:8; 316:12, 14; 317:16; 318:14 pursuant [3] 290:14; 291:1, 6 pursued [2] 279:17; 280:11 pursuing [1] 245:14 -Q-________ qualified [1] 336:13 Quality [2] 333:11, 14 quality [2] 286:16; 288:13 quantify [1] 209:4 Question [4] 334:10; 338:8, 17; 339:6 question [99] 184:6, 15; 185:2; 186:4; 188:21; 191:11, 22; 192:12; 199:11, 20; 201:14; 203:2, 3; 204:11; 207:7, 13; 212:22; 216:1, 14; 223:5; 229:14; 234:6; 242:14; 243:8; 244:16; 247:7, 16, 20, 21; 248:9; 252:20, 21; 253:1; 2565, 17, 20; 257:1, 9, 11; 260:1; 261:16; 262:2, 5, 8, 12, 13, 14, 17, 19; 263:6, 9; 264:8; 267:11; 268:5, 7; 270:20; 271:14, 21; 273:5, 14, 17, 18, 22; 274:13; 276:9; 279:9; 281:10; 282:1; 293:11; 303:21; 311:19, 20; 317:12; 318:12, 13, 15, 20, 22; 319:2, 5; 321:5; 323:10; 325:10; 333:3; 334:19; 335:9, 20, 21; 336:1, 9, 14, 19, 20, 22; 337:8, 10, 17, 18 questioned [2] 333:11, 14 questioning [3] 252:19, 22; 295:11 I questions [32] 183:4, 11; | 184:12; 187:4; 188:8, 10, j 15; 216:1; 218:14; 229:9, I 12; 252:13; 263:1; 281:21; i 282:4; 283:5, 8, 15; 290:15; 316:15; 317:17; 318:13; 320:9, 14; 321:12, 14,' 18, 21; 322:3, 10; 334:6; 343:18 quick [3] 220:3; 250:22; 252:1 quickie [1] 220:5 quickly [4] 232:5; 233:14; 245:17; 246:3 quits [1] 346:15 -R- R-double-e-s-e [1] 298:21 rain [1] 345:22 rainbow [1] 342:10 rainwater [1] 259:16 raise [4] 253:5; 283:17; 312:1, 4 raised [28] 198:1, 18; 200:17, 20; 211:17; 216:13; 217:2, 13; 229:2, 4, 5, 7; 278:12, 14; 279:15, 19, 20; 280:10; 307:20; 320:10; 321:5, 7, 14, 19, 21; 322:2, 3 ranged [1] 208:2 Ranking [1] 249:17 ranking [4] 249:2, 4, 20; 250:8 Rankings [1] 240:3 rankings [4] 249:1; 250:3, 11, 14 rattle [1] 192:13 reaction [1] 288:17 read [38] 194:10; 199:20; 204:10; 210:10; 211:9, 11; 236:2, 3; 239:3; 256:21; 267:10, 13; 271:14; 273:5, 17, 18; 275:14; 277:3; 313:10, 11; 317:13; 323:11; 325:6, 7, 9, 12; 326:1, 10; 328:7; 333:3, 6; 334:12, 17; 336:3, 21; 339:3; 344:13, 17 reading [5] 204:15; 273:1; 326:12; 336:19 reads [1] 286:1 realistic [3] 209:5; 229:15; 247:4 realize [3] 234:4; 321:4; 343:16 reask [2] 262:12, 14 reason [10] 212:2; 242:19, 20, 22; 265:22; 266:6; 282:14; 296:17; 299:4; 323:8 reassured [1] 290:10 recall [120] 187:5, 7, 12, 19; 188:1, 4; 192:21; 193:2; 196:1, 3, 5; 197:1, 9; 198:4, 7; 200:10; 201:5; 205:9; 206:8; 210:7, 13; 216:21; 217:1; 218:3; 221:8, 9; 223:16; 224:7, 20; 225:17; 226:11; 228:17, 20; 229:3, 4, 6, 22; 230:20; 232:21; 234:1; 237:9; 238:4, 6; 240:12, 15, 16; 241:17, 21; 243:18; 244:12; 250:3, 5, 12; 254:12, 18; 255:2, 5, 13; 256:1, 8, 14, 15; 264:10; 265:21; 267:21; pattern to recall WATER PCB-SD0000063709 BSA 269:7, 14; 275:22; 276:6; 277:13; 279:15; 281:5, 16; 285:13, 14; 289:4, 9; 290:21; 293:3, 6; 294:6, 12; 296:20; 297:17; 298:7, 19; 299:3, 5; 300:5, 12, 14; 303:14, 16; 304:19, 20; 305:1; 307:14; 312:17; 314:1; 316:16; 317:18; 321:18, 20; 326:20; 327:7; 329:5; 332:17; 334:1; 335:6; 340:9; 341:3; 342:2, 7, 10, 12, 15; 344:19 recalling [1] 344:18 receive [5] 190:15; 212:13; 215:12; 324:14; 328:15 received [10] 196:21; 198:2; 213:12; 233:18; 234:7; 236:11; 258:3, 8; 260:11; 324:10 receiving [1] 285:14 Recess [4] 216:7, 10; 304:14; 339:13 recess [l] 252:4 recessed [1] 347:4 recognize [3] 207:2; 314:20; 316:6 recognized [1] 218:22 Recognizing [1] 283:9 recollection [28] 197:15; 204:18: 207:4; 211:15; 224:21; 225:7; 233:18; 234:7, 9; 236:4; 242:15; 248:15; 250:9; 254:12; 269:11, 14; 276:19; 291:8; 292:17; 297:22; 298:3, 20; 333:7; 344:14; 345:1, 11; 346:9, 10 recommencing [1] 178:20 reconstruct [1] 326:7 reconvene [1] 346:21 record [14] 185:18; 186:3; 233:7; 248:4, 6; 253:6; 302:18; 307:5, 6; 313:7, 8, 9; 331:19; 339:8 recreate [1] 326:3 recreational [1] 242:12 red [4] 314:11, 13, 22; 315:11 Reese [21] 298:20, 21; 299:6, 9, 14, 18, 19; 300:6, 10, 14, 17, 22; 301:13; 302:4, 6, 10, 14, 16; 305:4, 21; 306:16 refer [2] 208:13; 258:1 Reference [1] 283:3 reference [14] 203:21; 233:20; 235:10; 240:4; 255:14; 266:22; 267:16; 269:15; 272:15; 274:11, 16, 19; 285:16; 341:18 referenced [1] 314:4 referred [2] 265:1; 337:14 referring [6] 252:10; 274:17; 279:11; 318:16; 326:13; 338:9 refers [4] 274:20; 275:5; 284:3; 334:16 refineries [2] 271:7; 278:18 reflect [6] 196:11; 198:16, 18; 249:5; 304:8; 315:12 reflective [1] 315:13 reformulate [2] 263:6, 10 refresh [14] 194:10; 207:4; 211:15; 22212; Depo of; WILLIAM PAPAGEORGE Monsanto v Aetna Jannary 14, 1993 CR: 54035.0 224:21; 234:6, 9; 236:4, 13; 242:14; 276:19; 297:22; 333:7; 345:1 refreshes [4] 204:17; 233:17; 298:3; 344:14 regard [14] 183:5; 212:6; 227:1, 12; 229:20; 239:9; 246:3; 250:13; 253:10; 269:12; 287:1; 311:8; 342:16; 346:4 regarding [37] 188:16; 194:14; 201:9; 209:8; 228:6; 236:11; 238:2; 239:6; 240:12; 242:17; 243:5; 244:13; 249:8; 250:3, 7; 251:18; 274:18; 275:9; 278:13; 291:19; 298:1; 300:18; 308:17; 310:21; 320:10; 321:21; 329:15, 20, 21; 330:17; 331:8, 22; 334:15; 336:21; 337:7; 344:8, 10 regardless [1] 253:11 regular [1] 251:5 regularly [1] 197:11 regulations [1] 247:19 regulatory [16] 193:2, 11; 195:2; 201:7; 202:10; 203:5, 12; 209:20; 216:21; 217:13; 228:5; 230:5; 232:2; 247:12, 17; 329:15 Reid [2] 224:11, 12 Rein [1] 180:12 REINSURANCE [1] 181:1 relate [1] 254:22 related [7] 213:10; 248:16; 255:21; 256:2; 278:10; 310:14; 334:15 relates [2] 196:15; 217:12 relating [5] 189:13; 204:22; 209:19; 308:18; 328:13 Relations [4] 212:11; 214:15, 20; 328:4 relations [7] 249:2, 7, 11, 14, 19; 266:5, 11 relationship [3] 189:20; 326:16; 327:9 relationships [1] 321:21 relatively [1] 242:5 relayed [2] 193:6; 209:20 relevance [1] 337:2 reliability [1] 251:20 reliable [3] 251:9, 12 relied [1] 290:2 rely [3] 191:14; 251:21; 253:6 relying [1] 286:2 remedial [1] 228:19 remediate [1] 208:9 remediating [1] 329:22 remediation [22] 194:14; 199:14; 200:2; 201:1, 8, 15; 203:6; 207:5, 8, 10, 21; 208:1; 209:17; 237:20; 244:19; 245:11; 248:10; 261:11; 264:11; 265:6; 282:4; 330:10 remember [83] 194:10; 195:17, 22; 204:13; 205:10, 15, 16, 22; 213:8; 214:22; 215:16; 216:18; 217:3; 218:11; 219:8, 13; 220:1; 221:22; 224:4; 225:3, 4, 19; 226:17; 228:17; 230:6; 234:4; 238:7; 240:11; 243:19; 244:11; 258:13, 17, 18; 260:7, 10; 269:19, 20; 276:7, 15, 16; 280:21; 281:4, 13, 14; 291:3; 293:4; 300:14, 15; 301:18; 304:5, 10; 305:17; 306:2; 307:10, 15, 17, 18; 308:9; 309:4; 311:17; 316:8; 321:15; 323:1, 2, 3, 4, 13; 327:10, 11; 328:3, 6; 330:19, 20; 332:22; 335:8; 340:19; 341:6, 18, 22; 342:4, 14; 344:22 remembered [1] 322:10 remembering [2] 227:13; 281:9 remind [2] 198:11; 271:4 remnants [1] 219:6 remote [1] 265:13 repeated [1] 183:5 rephrase [3] 199:11; 201:14; 203:2 report [7] 2233; 242:17; 260:11, 12; 272:21; 274:14; 307:9 reported [4] 250:16; 270:4; 299:17, 18 REPORTER [8] 199:21; 210:11; 256122; 271:15; 273:7; 274:2; 317:15; 323:12 reporter [2] 178:21; 326:13 reports [1] 277:6 represent [1] 297:7 representation [1] 189:17 representatives [9] 189:13; 205:2; 209:2, 20, 21; 228:6; 258:7; 329:14 represented [2] 184:5; 309:17 representing [1] 226:1 represents [2] 249:6, 9 reputable [1] 277:1 request [21] 191:14; 194:7, 8; 233:18; 234:1, 7, 10, 12, 15. 18; 237:22; 251:1, 3, 13, 15; 289:21; 290:14; 291:1, 6; 300:10; 302:3 requested [4] 191:16; 215:19; 232:4; 258:14 require [4] 227:11; 237:15; 244:18; 248:1 required [7] 199:6, 14; 200:2, 7; 201:6; 248:17; 292:1 requirements [4] 203:4; 247:12, 18; 248:11 requiring [1] 246:19 resembled [1] 222:15 Reserve [1] 180:4 reserved [2] 294:15; 295:3 resolved [1] 217:6 respect [2] 188:20; 345:12 respond [4] 257:22; 263:1; 268:10; 335:15 responded [1] 335:17 responding [1] 200:15 response [19] 262:4, 8, 9, 17; 263:4; 289:21; 316:15, 17; 317:17, 19; 318:5, 6, 15, 16, 17, 19; 319:5; 336:4; 339:5 responses [2] 263:7; I 283:16 ' responsibilities [3] ) 287:17; 289:13; 309:16 responsibility [9] 239:10, 12; 287:12, 13, 20, 21; 288:2, 4; 290:12 responsible [8] 212:6; 235:2; 287:22; 308:16, 18; 319:11, 13, 14 responsive [3] 251:2; 263:5; 319:9 rest [2] 296:2, 3 rested [1] 288:4 rests [1] 288:2 result [7] 202:16; 245:5; 249:19; 270:6; 302:9, 13; 322:6 resulting [3] 271:2, 18; 335:18 results [3] 234:21; 245:5; 339:2 retained [3] 189:8; 190:1; 331:12 retainer [3] 190:9, 10, 19 retirement [3] 188:18; 189:2, 3 return [1] 185:22 returned [1] 254:1 Review [14] 291:11, 22; 292:5; 293:6, 19; 298:10; 299:1; 300:6; 301:21; 302:11; 304:17; 305:16; 309:3; 311:21 review [12] 197:12; 222:1; 241:12; 294:12; 298:1; 302:4, 6, 9, 14, 16; 304:19 reviewed [3] 197:7; 233:14; 241:9 reviewing [1] 238:4 Reviews [8] 292:11; 293:11; 294:7, 10, 14; 295:2; 300:13; 301:6 reviews [5] 187:5, 9; 291:15; 292:18; 293:8 Right [2] 196:17; 336:2 right [59] 183:10, 12; 184:16; 191:15; 194:3; 196:14; 200:14; 203:7; 205:20; 208:9, 22; 213:1; 218:12, 16, 19; 221:17; 223:13, 17; 229:14; 239:17; 240:6; 241:19; 244:20; 245:22; 247:14; 248:11; 251:21; 257:7; 261:4; 263:22; 266:8; 282:16; 287:8; 290:11; 291:1, 7, 10; 292:6; 293:7; 302:7, 11; 308:6, 17; 309:21; 310:10, 18, 22; 314:6; 319:6, 13; 320:18; 321:6; 324:8; 335:22; 336:11; 339:10; 345:6, 13; 346:22 right-hand [4] 206:10; 296:21; 297:1; 332:10 ring [1] 341:19 rings [1] 194:9 River [2] 221:8; 338:21 road [5] 222:15; 266:1, 8; 341:7, 8 roadway [1] 219:12 roadways [1] 278:19 Robert [2] 181:2; 303:5 Rodney [1] 181:5 role [5] 205:5, 7; 286:6, 10; 288:19 room [5] 185:22; 253:22; 298:14; 302:12; 307:18 roomful [1] 278:15 roughly [1] 340:2 routinely [1] 338:19 ruled [2] 185:6; 186:10 Look-See(35) ruling [1] 283:12 rulings [1] 186:8 run [3] 197:4; 245:18; 302:18 -S- sale [1] 196:13 saltwater [1] 342:20 samples [4] 222:4; 259:14, 19; 269:15 San [1] 180:6 sand [5] 341:16, 18, 21; 342:1 Sansome [1] 180:5 Sarah [2] 3283, 3 SARFATTI [114] 183:9, 19, 22; 184:16, 22; 185:18; 186:6, 12; 188:20; 19431; 199:7, 15; 2013, 19; 20232; 209:1; 215:14, 19, 22; 216:16; 226:14, 21; 227:4, 18; 231:16; 237:1; 238:17; 240:14; 242:21; 243:8; 244:7, 21; 246:20; 247:15; 248:4, 12, 14; 24931; 251:10; 252:16; 253:4, 17; 254:6; 256:20; 257:16; 259:9; 260:17; 261:16, 18; 2623, 7, 13, 16, 22; 263:4; 264:1, 15; 266:9; 268:4; 270:14; 2723; 273:13, 18; 274:7; 276:14; 277:11; 279:5; 280:15; 283:5; 284:2, 14, 16; 2853; 288:8; 292:14; 294:16; 295:11, 20; 296:3, 7; 297:12; 29931; 300:8, 21; 303:19; 3063; 309:14, 22; 310:11; 312:2; 3133; 319:1, 3; 322:17; 326:1, 9, 18; 327:15, 20; 328:19; 329:11; 330:1, 11; 332:19; 33431; 335:13; 336:12; 337:2, 20; 338:12; 343:17; 344:7; 345:14; 346:19 Sarfatti [4] 179:4; 183:3; 1863; 253:21 satisfaction [1] 30431 satisfy [1] 220:10 saying [7] 184:5; 196:19; 248:8; 262:11; 277:7; 279:1, 8 scenario [1] 268:19 scene [1] 260:19 scheduled [1] 197:11 Schwalb [1] 179:5 scope [1] 330:6 score [1] 293:15 screws [1] 341:5 se [1] 305:22 sea [2] 327:4; 342:20 search [1] 191:11 seascape [1] 345:16 seawall [1] 242:10 seaward [1] 242:10 second [13] 224:5, 7; 225:8; 233:16; 236:1; 248:5; 285:14, 16, 22; 289:5; 313:7; 320:21; 337:15 second-to-last [1] 269:3 secretaries [1] 297:20 secretary [3] 297:5, 16; 298:16 section [1] 314:4 seeking [1] 235:1 Seepage [2] 342:6; 345:19 seepage [47] 226:13; From recalling to seepage WATER PCB-SD0000063710 BSA Depo of: WILLIAM PAPAGEORGE Monsanto v Aetna January 14, 1993 CR: 54035.0 228:10. 11, 13; 229:19; 230:6, 18, 19, 21; 231:14, 15; 232:3; 233:1, 4; 236:5, 11; 241:15, 19, 21; 242:1, 7; 255:20, 21; 256:2, 3, 13; 257:5, 6, 11; 258:3, 7; 260:9, 15; 261:4, 7; 326:17, 22; 327:9; 333:19, 20; 334:15; 341:21; 342:2, 5, 8; 345:10, 20 seeping [1] 242:16 seeps [2] 242:6, 11 Selfishly [1] 220:10 send [4] 214:7; 288:6; 290:7; 317:9 sense [4] 219:5; 247:1; 290:19; 292:7 sensed [1] 263:9 sentence [5] 211:10; 236:13; 243:3; 286:1; 333:10 separate [1] 345:3 September [1] 291:4 series [1] 216:1 serious [1] 319:19 serve [1] 288:11 served [1] 286:17 serves [2] 194:3; 223:17 service [14] 213:9, 17, 20; 214:3, 4, 5, 14, 18; 255:17; 324:5, 10, 14, 16, 18 SESSION [1] 252:5 session [3] 252:7; 291:14; 298:4 setting [1] 292:8 settle [1] 248:19 setup [1] 327:12 shared [4] 197:13; 208:16; 216:22; 306:15 shed [1] 219:9 sheen [5] 306:8; 342:10, 19; 346:11 sheet [3] 317:1, 2; 318:3 shipped [1] 226:7 shoes [3] 239:2; 301:1; 336:17 shop [5] 243:18; 244:1, 4. 6; 341:9 shorthand [1] 178:21 shovels [1] 281:18 show [1] 276:18 sic [2] 238:21; 319:22 signature [3] 267:14; 296:15, 16 Significant [2] 269:10; 272:17 significant [2] 191:18; 292:5 Silbert [1] 179:5 simple [1] 191:21 single [2] 184:10; 279:2 Sir [1] 276:22 sir [40] 186:22; 187:3; 195:15; 197:20; 204:2, 3; 205:7, 18; 207:1; 210:22; 211:13; 218:20; 219:15, 18; 225:7; 227:9; 235:4, 11. 12; 239:8; 240:4; 255:10; 263:16; 265:8, 20; 267:1, 2; 282:2; 285:18; 289:17; 296:16; 302:8; 311:10; 315:2, 5; 316:5; 325:19; 331:18; 339:17; 346:6 sit [7] 268:20; 276:2, 10; 277:7; 303:15; 323:4, 13 Site [4] 240:2; 249:17; 275:4; 344:6 : site [134] 192:9, 11; 193:3, 18; 195:2, 4, 5; 199:5, 6, 13, 17; 200:1, 6, 7; 201:7; 202:3; ! 203:13; 204:22; 207:6, 22; j 208:9, 14; 219:8, 14, 17, 20; 220:9, 15; 221:8, 9, 15, 20; 223:7; 225:6, 18; ! 226:4, 7, 13; 228:3, 7, ! 19; 231:21; 232:3, 5, | 9, 10, 20; 233:2; 234:5; ; 237:18; 240:17; 241:7, 13; i 243:7; 246:18; 248:16; 249:20; 250:14; 254:14; 260:3; 269:12; 270:7, 9, 17, 19; 271:3, 10, 13, 19; 272:22; 274:12, 14, 21, | 22; 276:4, 8, 16; 279:13, : 14; 280:13; 281:3, 7, 8; ! 282:7, 16; 283:3; 289:16; j 300:7; 306:7; 307:12; 313:17; 316:12; 320:8, 18; 321:2, 8, 17; 322:15, 20, 22; 323:6, 15; 328:18; 329:4, 10, 15; 330:10; 331:9, 13; 332:1; 333:12; 337:7, 16; I 338:19, 21; 339:1, 16, 19; j 340:4, 11, 18, 20; 341:8; ' 343:4, 8; 344:15, 20; : 345:2; 346:12, 13 I sites [35] 191:8; 192:12, ! 13; 215:13; 220:13, 15, ! 17, 18, 22; 221:5, 7, 12; 222:20; 226:4; 251:18; ! 255:5; 261:15; 263:15, 21, ' 22; 264:14; 266:7; 271:6; 335:11; 336:22; 337:11, 13, 18, 19; 338:1, 3, 15, 18; 343:4 sitting [2] 217:18; 241:5 situation [27] 202:12, 13; 205:3, 5; 209:10; 216:13, 20; 217:1; 230:1; 237:16; 242:18; 243:3, 14, 20; j 245:2, 15; 246:6; 247:6; 248:15; 251:17; 252:1; I 255:8; 264:17; 293:5; ; 301:1; 307:15; 330:6 : situations [7] 189:5, 12; , 240:18; 291:22; 294:6; 301:9; 335:17 six-month [1] 255:2 ; Sixties [3] 202:5, 8; | 236:19 | Skadden [1] 181:3 slide [1] 269:5 ! slightly [3] 276:9; i 293:16; 318:12 sludge [1] 338:21 Smith [1] 190:6 soil [9] 272:18; 276:4, : 11, 21; 277:18; 278:7; ! 279:3; 280:19; 322:4 | sold [11 195:3 : solid [5] 217:15; 218:4; , 336:4; 337:13; 341:1 solution [1] 280:8 solve [1] 280:7 solving [1] 325:17 Somebody [2] 231:8; I 340:6 1 somebody [6] 196:3; 213:6; 224:7; 231:9; 318:10; 322:7 Somehow [1] 341:3 I somehow [3] 193:4; j 244:5; 310:1 j someone [18] 209:18; | 231:11; 236:5; 246:10; 247:6; 284:4; 291:16; 301:9; 312:6; 316:19, 22; 317:21; 318:2; 331:2, 4, 5; 336:19 Somewhere [1] 227:15 somewhere [2] 272:15; 312:5 sorry [111 215JI; 216:6; 218:21; 235:20; 270:16; 276:6; 289:7; 297:2; 303:18; 345:19 sort [7] 219:9; 220:2; 222:4; 281:19; 286:17; 302:4; 341:4 sorts [1] 275:6 sought [2] 189:17; 234:17 sound [1] 318:11 source [25] 189:12; 190:22; 254:13, 16; 272:12; 273:2, 10; 274:5; 276:5, 11; 277:9, 17; 278:10; 279:2, 10, 13; 280:4; 282:6, 15; 319:19; 322:21; 323:2, 5, 14; 327:1 sources [27] 213:14; 214:1; 270:22; 271:12, 16, 21, 22; 272:7; 275:9; 19; 276:3, 8, 15, 20; 2^8:6, 7, 13, 20; 279:14, 22; 280:13, 18; 281:2, 8; 282:8; 320:22; 322:9 South [41] 244:11; 255:5, 15; 328:18; 329:4, 10; 330:10, 18, 21; 331:8, 13, 22; 333:17, 21; 334:2, 20; 336:11; 337:1, 16; 338:11; 339:1, 6, 16, 19; 340:11, 17; 341:11, 16, 20; 342:3, 13, 17; 343:12; 344:6, 15, 20; 345:1; 346:1, 8, 10, 14 south [1] 345:6 span [1] 236:14 Spano [5] 211:1, 20, 21; 212:9, 12 speak [7] 215:6; 247:2; 277:16; 278:11; 293:20; 310:1, 18 speakers [1] 309:9 Special [3] 183:7; 185:5; 186:9 specific [30] 188:1; 192:21; 196:5; 214:12, 13; 215:12; 223:16; 224:19; 225:10; 226:9; 232:21; 260:7; 263:13; 269:13; 271:10; 275:19; 277:20; 278:10; 281:11; 286:19, 22; 293:4; 295:21; 305:17; 306:2; 320:17; 321:15, 18; 331:1; 332:22 specifically [18] 187:17; 214:2; 220:7; 224:9; 232:19; 235:16; 237:22; 241:10; 244:10; 250:2; 257:12; 271:22; 273:2; 275:14; 290:21; 303:14; 329:20; 342:15 specifics [7] 188:5, 15; 218:11, 15; 222:1; 304:20; 321:12 speculate [1] 270:11 speed [2] 290:6; 295:7 spend [1] 294:19 spills [1] 278:18 spokesmen [1] 298:6 sports [1] 242:13 spot [1] 340:21 spots [1] 219:11 Square [2] 179:15; 181:5 squiggly [2] 312:19, 20 St [16] 178:19; 194:17; 204:5; 214:14; 215:4; 224:2, 4; 235:18; 267:4, 17; 285:20; 286:18; 288:12; 316:20; 317:8, 22 staff [211 197:10, 18, 22; 198:5, 19; 200:11, 18; 213:12; 217:2, 15; 218:2; 223:19; 224:19 ; 239:14, 18; 278:2; 286:10; 294:3; 331:3, 5; 340:8 stalling [1] 319:10 stamped [1] 313:13 stand [4] 227:19; 316:4; 332:21; 336:17 standards [1] 246:18 standing [15] 183 :3, 15; 186:3, 4; 226:20; 252:12; 253:8; 283:7, 14 , 20; 284:6, 10, 22 ; 285:4; 319:21 stands [1] 296:22 STAR [1] 181:1 start [2] 265:14; 283:5 started [1] 183:2 starting [1] 267:18 STATE [1] 178:1 State [20] 178:19; 226:6; 233:3; 240:17; 241:14, 20; 242:17, 20; 244:18; 245:2, 14; 246:8, 19; 248:18, 20; 255:19; 258:7; 260:14; 329:14; 333:8 state [5] 193:2; 207:17; 209:20; 232:2; 336:6 statement [5] 184:2; 266:11; 284:22; 311:6; 322:18 statements [4] 187:22; 238:12; 269:18; 310:20 Status [1] 266-JO stay [1] 290:1 step [1] 185:17 Steve [3] 184:11; 185:7; 253:15 Steven [1] 179:4 STG [2] 206:6 stipulate [5] 227-J; 252:22; 303:19; 343:18, 20 stipulation [4] 295:13, 17, 20; 344:8 stock [1] 190:17 stop [2] 282:9; 290:5 stopped [1] 220-3 storage [2] 219:8, 9 stranger [1] 247:8 strangers [1] 265:13 Strategy [1] 344:5 strategy [1] 344:19 Street [3] 179:8; 180:5, 13 streets [1] 241:6 stretch [1] 334:6 strike [6] 201:13; 210:2; 263:6, 18; 304:1; 323:9 strong [1] 265:9 structure [1] 299:20 studies [5] 242:1; 256:15, 16; 258:22; 330:5 Study [2] 203:20; 272:17 study [7] 205:19; 256:9; 258:14; 259:2, 7; 272:8; 300:10 styrene [3] 211:12; 222:12; 236:21 Subject [2] 296:13; 313:16 Look-See(36) subject [25] 187:19; 188:1, 2; 215:11, 17; 235:8; 240:2, 15; 266:19; 283:2, 6, 12; 291:16; 299:7; 300:19; 301:22; 302^, 3, 15; 304:21; 311:5; 316:22; 318:2; 332:8; 344:4 subjects [4] 214:9; 300:15; 305:18; 344:11 subscribed [2] 213:9; 324:5 subsequently [1] 251:18 substance [2] 186:20; 234:15 substitute [1] 313:15 sued [1] 247:13 suffering [1] 243:20 sufficient [1] 251:20 suggest [7] 203:8; 208:12, 17; 251:11; . 293:15; 329:13; 335:7 suggested [3] 224:21; 292:1; 320:5 suggesting [1] 284:9 suit [2] 331:21; 333:8 Suite [1] 179:7 summarized [1] 305:21 Superfund [1] 235:3 superintendent [2] 195:10; 303:4 superintendents [4] 205:11; 223:22; 232:18; 340:8 SUPERIOR [1] 178:1 supervise [1] 286:4 supervising [1] 286:7 supervision [1] 287:4 supervisor [4] 197:7; 224:13, 14; 294:1 supply [1] 338:22 support [3] 192:5; 291:19; 310:3 SURETY [1] 178:10 surface [10] 222:11; 241:13; 258:17; 259:5, 15, 17; 269:16; 308:19; 342:10; 346:11 surprised [5] 306:10; 308:1, 3; 309:5, 7 surrounding [2] 219:7; 227:17 suspected [1] 232:3 Sutcliffe [1] 180:3 system [2] 271:12; 326:21 --------- ---------------- table [4] 187:22; 217:19; 241:5; 284:4 taker [1] 198:9 takes [1] 216:2 talk [3] 220:13; 253:13, 19 talked [4] 231:22; 240:21; 311:4; 346:3 talking [13] 220:11; 226:1; 238:18; 241:5; 301:22; 304:16; 325:21; 326:6; 327:2, 3; 345:11 talks [1] 309:8 tank [1] 278:17 tanks [1] 219:8 tar [1] 211:12 tars [2] 222:12; 236:21 task [4] 250:15, 17; 286:22; 298:13 tasks [2] 287:11, 20 TCY [1] 211:3 TDVVR [1] 344:5 seeping to TDWR WATER PCB-SD0000063711 BSA Depo of: WILLIAM PAPAGEORGE Monsanto v Aetna January 14, 1993 CR: 54035.0 team [6] 191:15; 224:8; 232:18; 287:21; 288:15; 290:3 technical [1] 286:1 Technology [1] 303:1 telling [1] 241:18 tells [1] 204:21 temporary [1] 327:3 tempted [1] 277:21 ten [2] 188:14; 214:8 tense [1] 336:4 term [16] 194:21; 199:8. 16; 200:4, 5; 201:3. 19; 202:22; 209:1; 238:17; 240:14; 244:7; 246:20; 252:10, 11, 14 terminate [l] 190:14 terminology [5] 255:15; 256:2; 291:13; 345:6 terms [4] 221:20; 237:1; 246:13; 306:14 test [3] 237:20; 258:18; 269:15 testified [3] 197:17; 233:22; 289:12 testimony [15] 186:20; 187:7; 199:8; 215:15; 216:17; 231:17; 244:22; 253:9; 277:12; 280:16; 294:9; 300:9; 312:3; 344:10; 345:15 tests [2] 234:20, 21 Texas [55] 188:5; 191:7, 9; 192:19; 193:9, 15, 18; 194:1, 14, 20; 196:13; 198:1, 2, 16, 22; 201:2; 203:6, 21; 204:19; 205:3, 6, 11; 207:6; 210:5; 216:13, 20; 217:1; 219:4; 223:15; 225:20, 21, 22; 233:9; 242:4; 254:14; 255:4; 266:19; 290:18; 296:13; 300:18; 303:4, 9; 305:5, 8; 332:9; 333:11, 14; 334:20; 336:10, 20; 337:1, 5; 338:10, 14; 344:6 thank [1] 346:18 thanks [1] 347:2 They're [1] 338:3 they're [3] 253:7; 325:21; 326:5 thinking [3] 223:22; 288:10; 338:2 third [7] 220:5; 224:16. 18; 225:14; 235:18; 242:4; 325:16 Thomas [1] 179:8 thoroughly [1] 191:12 thoughts [3] 208:2; 321:20; 322:8 threat [1] 346:19 Three [1] 221:17 three [9] 217:10; 219:22; 221:3, 12; 225:11; 241:4; 258:10; 280:5; 339:20 Tlirodahl [5] 197:11; 217:15; 250:19; 251:16. 20 Thurott [2] 328:9 tie [2] 191:13; 192:3 times [13] 219:19. 21; 221:3. 13, 17; 230:12, 14: 292:10; 297:18; 298:14; 339:18, 20; 340:2 timing [2] 288:14; 300:15 title [7] 205:9; 249:16; 275:3; 299:9; 302:20; 303:6, 8 Toinblee [1] 195:21 tomorrow [1] 346:21 topic [8] 203:20; 217:5; 272:19; 274:17, 19; 306:3; 307:19; 309:1 topics [1] 305:1 total [2] 271:5, 11 touch [1] 288:16 tour [4] 225:17, 19; 226:2; 231:21 town [1] 218:3 tract [1] 345:20 transpired [2] 194:18; 268:16 transportation [1] 196:12 TRAVELERS [1] 180:10 treating [1] 308:19 trick [1] 313:3 Tromblee [8] 205:10; 206:22; 287:19; 288:3, IS, 21; 289:4; 303:9 trouble [1] 227:13 trucking [2] 278:18; 321:22 trucks [1] 281:19 true [13] 188:6, 17; 196:20; 202:9; 227:22; 229:8; 259:6; 261:5; 278:5; 282:3; 287:15; 309:11; 320:19 truth [1] 245:2 truthful [2] 319:9; 322:11 Tuesday [2] 267:18, 19 tuned [3] 212:1; 217:17; 290:1 Turning [4] 315:15; 316:1; 319:15; 333:2 turns [1] 183:19 tutorial [1] 295:6 two-man [1] 249:4 type [15] 202:15; 209:19; 211:8; 234:17; 237:21; 243:15; 255:18; 265:11; 269:4; 280:3; 294:11; 301:12; 306:3; 311:4; 343:7 typed [2] 266:3; 314:10 types [3] 234:20; 264:19; 310:4 typical [1] 192:13 typically [1] 317:6 typing [1] 297:20 -U- U.S. [1] 317:10 uh-huh [1] 246:2 ultimate [3] 287:20; 288:1, 4 Ultimately [1] 280:18 ultimately [1] 210:4 unable [2] 188:15; 223:11 unaware [1] 277:13 undefined [14] 194:21; 199:8, 15; 201:3, 19; 202:22; 209:1; 237:1; 238:17; 240:14; 244:7; 246:20; 252:10, 14 Underneath [1] 269:9 understand [14] 183:13; 191:13; 207:13; 247:20; 248:8; 256:19; 257:3; 259:3; 262:11; 273:21; 293:5; 318:20; 320:16; | 343:1 i understanding [24] 201:12, 16, 20, 22; 202:1; ; 203:11; 208:10, 11; 234:12; 264:3 ; 270:5, 8; 277:3; 301:6; 306:22; 309:16; 311:1; 314:21; 333:18, 22; 339:4; 342:18; 346:3, 8 understands [1] 284:5 understood [7] 186:7, 12; 232:14; 248:18; 257:18; 285:3; 298:9 undertake [1] 201:1 Unfortunately [1] 315:10 uniquely [1] 332:21 unit [6] 197:13; 211:22; 217:12; 291:15; 303:2; 305:10 unlikely [l] 196:18 unlimited [1] 243:9 unlined [1] 236:22 unnecessary [1] 265:16 unquestionable [1] 319:22 unsolicited [1] 213:6 up-to-date [2] 308:2, 4 updates [1] 340:15 upper [1] 223:17 upstream [1] 280:5 usual [2] 264:19; 287:6 -V- vacationing [1] 297:19 vague [14] 247:15; 259:9; 264:2, 16; 294:16; 299:21; 300:21; 310:11; 326:9; 330:1, 12; 335:14; 338:12; 345:15 Vagueness [2] 183:18, 19 vagueness [1] 183:4 vantage [1] 237:14 Varied [1] 242:9 varies [1] 202:12 vary [1] 202:18 VCM [1] 305:10 vehicles [1] 322:1 versed [1] 309:9 vertical [1] 341:4 via [1] 215:2 Vice-President [2] 299:10, 11 vice-president [1] 299:22 vicinity [1] 270:9 view [1] 239:16 viewpoint [1] 260:18 violation [l] 183:6 virtue [1] 283:11 visible [3] 343:4; 345:21; 346:11 visit [17] 219:14, 17; 221:12; 223:14; 224:5, 7, 16, 18; 225:9, 14; 226:10; 230:7; 231:5, 13; 340:11, 14; 341:3 visited [11] 219:20; 220:16, 17, 20; 221:15; 222:20; 223:6; 230:9, 13; 339:16, 19 visits [6] 220:9; 222:7; 225:1; 226:4; 339:22; 340:5 visual [2] 222:5; 231:2 vividly [1] 307:15 VOLUME [1] 178:15 voluntarily [11] 201:1, 17; 208:18; 246:17, 21; 263:21; 264:13, 17, 22; 266:7 ; 330:10 voluntary [4] 202:20; 247:1; 265:18; 266:1 vouch [1] 317:6 vs [1] 178:8 Vulnerability [2] 240:3; 249:17 vulnerability [5] 240:13, 16; 249:8; 250:4, 8 -W- waist-high [1] 219:10 Wait [2] 262:3; 270:14 wait [1] 262:16 waiting [3] 273:13, 14, 15 waiver [2] 283:13, 18 walk [1] 341:2 walk-through [2] 220:2; 225:5 walked [5] 220:4; 231:1; 232:5; 241:6 walking [1] 222:5 wall [1] 327:4 wanted [10] 191:6, 10; 193:8; 263:10, 20; 308:12; 310:16; 318:6, 17; 334:6 wants [1] 347:1 wash [1] 322:1 Washington [4] 179:9; 180:14; 316:20; 317:22 Waste [1] 332:9 waste [31] 191:7, 8; 192:9; 193:9, 15; 194:20; 199:5; 217:16; 218:4; 222:9; 226:13; 234:14; 242:8; 263:15, 21, 22; 264:13; 300:7; 322:15; 336:4, 21, 22; 337:6, 7, 11, 13, 18, 19; 338:15, 19; 341:17 wastes [23] 199:13, 18; 200:1; 241:13; 242:9; 270:7; 271:2, 18; 272:13; 273:11; 274:6; 276:4, 12; 277:9; 278:6, 8; 279:4; 281:2; 282:7; 323:6, 15; 341:15; 342:12 Water [2] 333:11, 14 water [28] 222:4; 242:12, 13; 259:15, 19, 20; 269:15, 16; 270:2, 8; 272:5, 22; 307:1; 308:19; 326:21; 327:1; 338:22; 340:21; 341:6; 342:9, 11; 343:4, 5, 13; 345:21; 346:11, 12 waters [3] 258:16; 259:5; 308:20 waving [1] 296:1 ways [2] 213:5; 216:22 WBP [1] 316:11 WBP:pb [1] 296:22 We'll [3] 297:14; 303:19; 327:19 we'U [5] 183:15; 186:3; 285:1; 339:10; 346:21 We're [4] 218:21; 238:18; 313:15; 343:18 we're [7] 184:4; 186:7; 213:8; 218:21; 233:9; 245:18; 253:18 we've [5] 230:11; 240:21; 278:1; 333:19; 346:3 wear [1] 249:10 weather [1] 343:5 weed [1] 219:11 weeds [3] 219:10; 222:15 week [1] 214:8 weekly [4] 213:21, 22; 214:4, 7 weeks [1] 301:18 Weishaar [5] 290:3, 16; 316:4, 7, 8 Welge [1] 179:14 wells [2] 258:19; 269:16 weren't [2] 264:21; 334:14 west [3] 204:6; 235:21; 242:7 Look-See(37) whereas [I] 202:2 whereby [1] 214:5 Wherepon [1] 347:3 Whereupon [2] 185:21; 253:21 Whew [11 289:2 Whoever [1] 224:1 Wiley [1] 180:12 WILLIAM [1] 178:17 willing [3] 252:12, 14; 343:13 Wilmington [1] 181:6 wind [1] 339:10 wing [3] 204:6; 235:21, 22 wish [5] 195:17; 253:1, 2; 283:13; 327:10 wished [2] 215:12; 289:2 withdraw [1] 262:13 WITNESS [11] 179:3; 185:13; 212:19; 213:1; 216:5; 273:17; 304:12; 311:16; 327:18, 21; 347:1 Witness [14] 204:14; 206:7; 233:13; 267:12; 272:14; 273:12; 282:20; 295:16; 311:15; 323:19; 325:11; 333:5; 334:11; 344:16 witness [11] 185:1, 8; 189:9; 215:19; 252:20, 21; 253:1; 262:3, 19; 263:1 woman [1] 292:8 Woodward-CIyde [3] 269:9; 272:16; 331:15 word [18] 198:11; 199:20; 201:8, 15; 228:4; 272:18; 277:13; 305:19; 306:22; 319:7, 8, 11, 21; 325:14, 16; 342:1, 6; 345:16 words [14] 201:14; 259:11; 266:2; 269:17; 274:12; 284:12; 299:5; 307:22; 316:3; 320:5; 325:13; 329:17; 337:7; 341:1 work [10] 189:1; 190:19; 239:15; 283:9, 11; 286:16; 288:14; 295:14, 22; 344:9 workable [1] 183:20 worked [4] 270:19; 305:7, 10; 321:8 working [3] 290:1; 295:8; 303:4 world [6] 215:17; 283:14; 285:1; 296:2, 3; 317:11 Worldwide [1] 263:13 worldwide [3] 261:13; 264:12; 265:18 worries [1] 328:12 worry [1] 297:10 wouldn't [17] 191:22; 192:1; 224:12; 227:2; 237:17; 266:5; 268:16; 280:7; 289:15, 19; 316:21; 318:1, 21; 334:19; 335:3, 9; 343:20 write [2] 313:12; 319:16 writing [5] 314:10; 315:9, 17, 18; 325:5 written [4] 225:22; 226:10; 324:22; 326:2 wrong [5] 226:20; 235:20; 258:5; 298:20; 343:14 wrongfully [1] 341:13 Wye [32] 192:20; 193:9, 15, 18; 194:2, 14, 20; 196:13; 198:1, 16, 22; From team to Wye WATER PCB-SD0000063712 BSA Depo of: WILLIAM PAPAGEORGE Monsanto y Aetna January 14. 1993 CR: 54035.0 201:2; 203:6, 21; 204:20; 205:3, 6; 207:6; 210:5; 216:13, 20; 217:2; 219:4; 223:15; 225:22; 233:9; 334:20; 336:11; 337:1, 5; 338:10, 14 . 1 1 | | i \C [1] 206:14 Ye;ih [4] 268:17; 282:8; 284:9 ; 339:3 veah [3] 223:2; 290:17; 346:14 Year [1] 219:2 vear [10] 194:6; 197:14; 210:7, 13; 292:11, 12, 14; 293:12, 16; 294:11 vears [12] 187:14; 188:14; 202:2; 207:11; 232:13; 258:10; 278:20; 311:3; 335:5; 339:22; 340:16; 343:14 Yesterday [1] 187:4 yesterday [6] 186:15; 191:17; 197:17; 227:8; 289:12; 297:17 York [2] 316:19; 317:21 sou'd [3] 209:17; 266:10; 288:9 you'll [1] 334:22 you've [10] 216:1; 233:21; 240:9; 262:17; 285:11; 310:22; 311:8; 312:16; 313:22; 339:15 vours [3] 314:9; 315:8, 16 yourself [1] 325:9 J j ! j : ! ] ! I zone [3] 204:6; 235:14, 22 Look-See(38) XC to zone WATER PCB-SD0000063713 Page i Line *f7 ' 5 O' I J iry 13-15, 1993 CORRECTIONS TO DEPOSITION _ Wixxiam B. Papageorge Correction:_____________ ______________________________________________________ if Consisted of tuuo >h ehuCJl oa h ( Harry_____________ Talting U./i^ LUSto ruffs' people^ Qud co (-I h___________ fei I ; U/g 111 -p r m e and m ^ f ea m t r ea I ly , n et Ag me~___________ \ /S'*/ 1 : ! : (SB ! i' (i ; /<2 ', 79 ! o( 0 n i luhat CDnd \ 0*s rm/S'f' cHist umd.ernea'hi that plant' m on 1 Tqrtfc/ ac^ivHies , X served os a prod where necessary T^a p n <f<> r tf e , find die neft name locpld been Syu, ggled fio C? 5i^o^rot) Lultere T mufh't Sa. lj ^ better loetC -fa) r *h) / $ l 63 ft 3 6! 1 t ?> p / ( 1 ; fl / 7 0 roi^ the place. These ujetc. not +Ue. buj Sf>ifl$ Luo old be- tine result of a Cahstroph i'c feti'lurc erLaCmc or 7. H 1 i3 cl there are- usas^s under (Is So rfacc ; (^ uf 'a S i3 0 0 u*sed 'Hie coerd auiare'' * T do no"! re ca ana 3'9 Z 212- tn tvrmqtioi bo 5C. or} c^ ut^uma ble. \foor guesh Ovr IS . _ What doea he- do ? He. loemcs 3Mt> 2_ cu-el 1 be. th e. korth Bo (s the proper designation 3*7 <9 9 bu4 Ci'hifr one. of "those LUOold hare been a li&hj Sovrce 0"f *t \ f & j____ 7 1 ndershoocf ; Sir . 776 j f5" : from _ _ q ,,*< I bop<- ^ t>aj "Hi* s, p^rw^c-e lf" ------------ f------------ ---------------------------- , ----------- --- -- ------- ---- ---------------------------------------------- I: ' M76 j Ha \ Correctly -. blepharospasms , fe-4-g - p-h-g- r-o-'S- p-A-5-w-'5 , 7^7; H77j m j Irip* 0/ # emergency n^l^re. 'Unpredictable., #.ngf s>he'* yot I i j_ I! I WATER PCB-SD0000063714