Document kmrddG62dzN6nvV1YDDkv8pOO

Page STATE OF ALABAMA IN THE CIRCUIT COURT OF CALHOUN COUNTY MARS HILL MISSIONARY BAPTIST CHURCH, etal., Plaintiffs, CIVIL ACTION NUMBER versus CV-96-243 MONSANTO COMPANY, et al., Defendants. / DEPOSITION OF WILLIAM B. PAPAGEORGE, P.E. The deposition of WILLIAM B. PAPAGEORGE, P.E., was taken before Deborah Salers Garrett, Certified Shorthand Reporter, Registered Professional Reporter, as Commissioner, commencing at 1:20 p.m. on March 31, 1998, by the Plaintiffs, at the law offices of Lightfoot, Franklin & White, 300 Financial Center, 505 North 20th Street, Birmingham, Alabama, pursuant to the stipulations set forth herein. Regional Reporting Service, Inc. 755 Walnut Street Gadsden, Alabama 35901-0755 1 EXHIBITS 2 Plaintiffs' Marked 3 One 7 Two 11 4 Three 25 Four 28 5 Five 47 Six 53 6 Seven 58 Eight 69 7 Nine 78 Ten 87 8 Eleven 88 Twelve 90 9 Thirteen 95 Fourteen 98 10 Fifteen 101 Sixteen 103 11 Seventeen 108 Eighteen 112 12 Nineteen 114 Twenty 117 13 Twenty-one 137 Twenty-two 140 14 Twenty-three 142 Twenty-four 145 15 Twenty-five 148 Twenty-six 152 16 Twenty-seven 154 Twenty-eight 157 17 Twenty-nine 162 Thirty 171 18 Thirty-one 183 Thirty-two 184 19 Thirty-three 193 Thirty-four 203 20 Thirty-five 214 Thirty-six 216 21 Thirty-seven 221 Thirty-eight 222 22 Thirty-nine 224 Forty 231 23 Offered 1 APPEARANCES 2 For the Plaintiffs: 3 CHARLES CUNNINGHAM, Esq. Morrissey Building, Suite 200 4 304 West Liberty Street Louisville, Kentucky 40202 5 JACK ATKIN, Esq. 6 KASOWITZ, BENSON, TORRES & FRIEDMAN 1301 Avenue of the Americas 7 New York, New York 10019 8 For the Defendants: 9 ADAM PECK, Esq. LIGHTFOOT, FRANKLIN & WHITE 10 300 Financial Center 505 North 20th Street 11 Birmingham, Alabama 35203 12 GERARD H. DAVIDSON, JR., Esq. SMITH, HELMS, MULLISS & MOORE 13 P. O. Box 21927 Greensboro, North Carolina 27420 14 15 INDEX 16 Page 17 Stipulations 5 18 Reporter's Certificate 300 19 20 EXAMINATIONS 21 Witness: WILLIAM B. PAPAGEORGE, P.E. Page 22 By Mr. Atkin 6 23 Page 2 EXHIBITS Plaintiffs' Marked Offered Forty-one 234 Forty-two 237 Forty-three 244 Forty-four 248 Forty-five 259 Forty-six 269 Forty-seven 273 Forty-eight 279 Forty-nine 281 Fifty 286 Fifty-one 293 Fifty-two 298 9 10 No other exhibits were marked for 11 identification, offered or attached as exhibits hereto. 12 13 14 15 16 17 18 19 20 21 22 23 Papageorge, William P.E. Vol I (fmr Anniston Mgr) in MARS HILL (former Monsanto Employee) Page 3 Page 4 Pages 1 - 4 HARTOLDMONOQ34383 Page 5 Page 7 1 STIPULATIONS 1 into between counsel that 2 IT IS STIPULATED AND AGREED by the 2 this deposition may be 3 parties, through their respective counsel, 3 recorded by videography. 4 that the deposition of WILLIAM B. PAPAGEORGE, 4 (Plaintiffs' Exhibit Number 5 P.E., may be taken before Deborah Salers 5 One was marked for 6 Garrett, CSR, RPR, as Commissioner and Notary 6 identification.) 7 Public, Alabama at Large, at Birmingham, 7 Q. Can you state your full name, please, 8 Alabama, on March 31, 1998, at 1:20 p.m. 8 for the record? 9 IT IS STIPULATED AND AGREED that the 9 A. William B. Papageorge. 10 signature to and reading of the deposition by 10 Q. And how do you spell Papageorge? 11 the witness is waived, the deposition to have 11 A. P-a-p-a-g-e-o-r-g-e. 12 the same force and effect as if full 12 Q. Where do you presently reside, 13 compliance were had with all laws and rules of 13 Mr. Papageorge? 14 Court relating to the taking of depositions. 14 A. In St. Louis County, Missouri. 15 IT IS STIPULATED AND AGREED that it 15 Q. Is that near St. Louis? 16 shall not be necessary for any objections to 16 A. Yes. 17 be made by counsel to any questions except as 17 Q. Are you presently employed? 18 to form or leading questions and that counsel 18 A. I'm self-employed. 1 guess that's 19 may make objections and assign grounds at the 19 appropriate. 20 time of trial or at the time said deposition 20 Q. Okay. What do you do? 21 is offered in evidence or prior thereto. 21 A. Consulting. 22 IT IS STIPULATED AND AGREED that notice 22 Q. What type of consulting do you do? 23 of filing by the Commissioner is waived. 23 A. Technical. Page 6 1 STATE OF ALABAMA, BIRMINGHAM, MARCH 31, 1998 2 3 WILLIAM B. PAPAGEORGE, P.E., 4 after having been first duly sworn, was 5 examined and testified as follows: 6 7 MR. ATKIN: Should we just put 8 this on the record, the joint 9 stipulation allowing for 10 videography? 11 MR. PECK: Sure. You can make it 12 an exhibit or whatever. 13 14 EXAMINATION 15 BY MR. ATKIN: 16 Q. Good afternoon, Mr. Papageorge. How are 17 you? 18 A. Fine. 19 MR. ATKIN: Good. Before we 20 begin, 1 just want to have 21 this marked as an exhibit. 22 And this is the joint 23 stipulation that was entered 1 Q. 2 3 A. 4 5 Q. 6 7 8 A. 9 Q. 10 11 A. 12 13 14 Q. 15 16 A. 17 Q. 18 19 A. 20 21 Q. 22 23 A. Page 8 When you say technical, what do you mean? It deals with such things as engineering and chemistry. Okay. You have testified before in other cases involving PCBs; is that correct? That's correct. Approximately how many cases have you testified in? I've never kept score, frankly. 1 would suggest in depositions and trials is approaching thirty or forty. Okay. Do you recall how many trials you testified in as opposed to depositions? Oh, six to ten, somewhere in there. When was the last time you testified at a trial in connection with a PCB case? I'm trying to recall. It's about two years ago. Do you remember where that case was venued? East St. Louis, Illinois. Papageorge, William P.E. Vol I (fmr Anniston Mgr) in MARS HILL (former Monsanto Employee) Pages 5 - 8 HARTOLDMON0034384 Page 9 Page 11 1 Q. Do you know who the parties were? 1 A. Okay. 2 A. Cerro Copper, C-e-r-r-o, versus 2 Q. Once you give the answer, we are going 3 Monsanto. 1 believe that's the 3 to assume that you understood my 4 designation or close to it. 4 question. Okay? 5 Q. Was that in state court as opposed to 5 A. 1 understand. 6 federal court? 6 Q. Okay. Did you -- Can you tell us 7 A. I'm hesitating because 1 was under the 7 briefly your employment history at 8 impression it was a federal district 8 Monsanto, just what titles you held and 9 court over there, but I'm not positive. 9 approximately what years, to the best of 10 Q. Can you briefly tell us your educational 10 your recollection? 1 know this goes 11 background? 11 back a while. 12 A. I'm sorry? 12 A. 1 know it does. 1 joined Monsanto in 13 Q. I'm sorry. 1 should speak louder. Can 13 1951, late '51. My initial assignment 14 you briefly tell us your educational 14 was as a process engineer in the plant's 15 background? 15 engineering department. 16 A. 1 received a bachelor of science degree 16 MR. PECK: That's his CV. 17 in chemical engineering from Washington 17 MR. ATKIN: Why don't we mark that 18 University located in St. Louis, 18 as Exhibit Two. 19 Missouri in 1943. 1 received a master 19 (Plaintiffs' Exhibit Number 20 of science degree in chemical 20 Two was marked for 21 engineering also from Washington 21 identification.) 22 University in 1947. Additional formal 22 Q. Maybe that will help refresh your 23 credits were earned at Oklahoma A & M, 23 recollection. Page 10 Page 12 1 now known as Oklahoma State University, 1 A. Should 1 continue referring to this, 2 in Stillwater, Oklahoma, toward a doctor 2 or will this speak for itself? 3 of science degree in the period 1947 to 3 Q. Whatever -- If you could continue 4 1951. 4 referring to that, if that will refresh 5 Q. Before 1 go any further, let me just -- 5 your recollection, and that way we have 6 Obviously you have been involved in a 6 it on the record. 7 lot of depositions. You are familiar 7 A. Very good. Following that assignment, 8 with the whole process, correct? 8 which lasted until 1954, 1 became 9 A. I'm learning all the time. 9 designated as a senior chemical engineer 10 Q. Let me just state, I'm sure you know the 10 still within the same engineering 11 rules. But the one rule 1 want to 11 department. In 1955 1 was appointed a 12 emphasize is that if 1 ask you a 12 production supervisor. 13 question, please make sure that you 13 Q. What did you do as a production 14 understand the question before 1 ask -- 14 supervisor? 15 before you answer it. Okay? 15 A. 1 supervised the actual operations 16 A. 1 understand what you're saying. But 16 related to the manufacture of chemicals. 17 sometimes what 1 understand is not what 17 Q. Okay. 18 you had intended for me to understand. 18 A. Not all the chemicals in the plant, but 19 The question may not quite fit. 19 an assigned group. 20 Q. Well, if there is any need for 20 Q. Do you recall what the assigned group 21 clarification, you know, feel free to 21 was? 22 ask me to try to clarify it for you. 22 A. My initial assignment, as sort of a 23 Okay? 23 trainee, was in the manufacture of Papageorge, William P.E. Vol I (fmr Anniston Mgr) in MARS HILL (former Monsanto Employee) Pages 9-12 HARTOLDMON0034385 1 2 3 4 Q. 5 A. 6 7 8 9 10 11 12 13 Q. 14 A. 15 16 17 18 19 20 21 22 23 Q. Page 13 materials called plasticizers. These 1 are materials that are added to brittle 2 plastics to make them flexible. 3 Uh-huh (indicating yes). 4 Q. The second assignment as a production 5 A. supervisor was the supervision of a 6 department that made chemicals that were 7 eventually used in making other 8 chemicals that were used as rubber 9 additives to improve automobile tire 10 performance and rubber tubing and that 11 kind of products. 12 Okay. 13 In 1956 1 was appointed a maintenance 14 supervisor. And that assignment 15 involved the supervision of a team of 16 Q. craftsmen who were involved in 17 A. installing minor new projects, like a 18 new pump or a new tank or a new 19 instrument. Following that 1 was 20 appointed as maintenance superintendent 21 at the same plant. That was in 1957. 22 Which plant is this now? 23 Page 15 In 1961 1 was appointed a general superintendent of warehouse, inventories, and utilities. This is still at the Queeny Plant? Still at the same plant. This particular operation really provided services to the manufacturing supervisors other than the maintenance function. We would deliver the raw material. We'd pick up the finished product. We'd supply power, electrical power or clean water or pick up the trash, whatever assistance they needed to help the processes continue ongoing. Okay. All of the assignments 1 just described with Monsanto up to now were with this John F. Queeny Plant. In 1964 1 was assigned to the plant located in Sauget, Illinois, S-a-u-g-e-t, of Monsanto, as a general superintendent of manufacturing. 1 was Page 14 Page 16 1 A. This is the plant that Monsanto referred 1 one of, as best 1 remember, a half a 2 to as the J. F. Queeny Plant located in 2 dozen or so general superintendents. 3 St. Louis. 3 Each of us were assigned a list of 4 Q. Okay. 4 products that we were responsible for 5 A. As maintenance superintendent 1 was 5 producing. In 1965 1 was appointed 6 responsible for the activities of eight 6 plant manager at the Anniston, Alabama 7 to ten supervisors covering all of the 7 plant. In 1970 1 was appointed manager, 8 mechanical repair and installation 8 environmental control. 9 activities in the plant. 9 Q. At Anniston? 10 In 1959 1 became an assistant 10 A. No. Reporting back to St. Louis. 11 engineering superintendent, which takes 11 Q. You were located in St. Louis then? 12 me back to the original engineering 12 A. Yes. 13 department where 1 now supervised the 13 In 1973 my title -- Well, let me 14 engineering activities for anywhere from 14 go back a bit. The title, manager, 15 six to twelve engineers and three to six 15 environmental control, was changed after 16 technicians who were assigned the task 16 a few months to manager, environmental 17 of responding to the production 17 protection. So if you see documents 18 department's needs for a bigger tank or 18 with those two titles, 1 hope that 19 a different pump or a new process or a 19 explains the difference. 20 new agitator, whatever required some 20 Q. Okay. 21 engineering calculations to help them 21 A. In 1973 1 was appointed manager, produc 22 decide on what would be the best 22 acceptability, of the operating unit 23 approach. 23 within Monsanto referred to as the Papageorge, William P.E. Vol I (fmr Anniston Mgr) in MARS HILL (former Monsanto Employee) Pages 13-16 HARTOLDMON0034386 Page 17 Page 19 1 Monsanto Industrial Chemical Company. 1 group of plants. 2 Q. Still stationed in St. Louis? 2 In 1986 1 was named manager of 3 A. Yes. 3 occupational health for another 4 Q. Okay. 4 reorganization within Monsanto. This 5 A. In 1977 1 was appointed the manager of 5 was referred to as the Monsanto Chemical 6 product acceptability for the chemical 6 Company. And 1 finally retired at the 7 -- sorry -- Monsanto Chemical 7 end of that year. 8 Intermediates Company. 8 Q. The end of 1986? 9 Q. What does the manager of product 9 A. '86. 10 acceptability do, or what did you do? 10 Q. Have you been a consultant ever since? 11 A. 1 was assigned a group of Monsanto 11 A. I'm sorry? 12 products, and 1 was responsible for 12 Q. I'm sorry. Have you been a consultant 13 monitoring the safety of these products, 13 ever since? 14 the proper packaging, the proper 14 A. Yes. 15 labeling, the information in their 15 Q. Mr. Papageorge, did you meet with anyone 16 brochures, describing these products, 16 to prepare for your testimony, your 17 any communications that were required by 17 deposition testimony here today? 18 regulatory agencies, both local, state, 18 A. Yes, 1 did. 19 federal, international. 19 Q. Who did you meet with? 20 Q. Okay. 20 A. Mr. Michael Kelly, Mr. Gerard Davidson, 21 A. Later on in 1977 1 was appointed a 21 Mr. Adam Peck, and Mr. Bud Cox. 22 director of environmental operations for 22 Q. When did you meet with them? 23 Monsanto Chemical Intermediates Company. 23 A. Well, with Mr. Davidson and Mr. Kelly 1 Page 18 Page 20 1 Q. And what did your duties involve in that 1 met last week, as 1 remember. 2 position? 2 Q. Where was that meeting? 3 A. In addition to the product type matters 3 A. In St. Louis. 4 that 1 just described for the product 4 Q. How long did you meet with them for? 5 acceptability job, 1 picked up such 5 A. Oh, less than half a day the first day, 6 things as industrial hygiene at the 6 from, say, after lunch until four 7 plants of individuals working with these 7 thirty. 8 chemicals produced at plants. And this 8 Q. Okay. 9 is a situation where the plants were 9 A. And the next day 1 met from, say, eight 10 assigned to the unit 1 was working with 10 thirty to noon. 11 rather than the chemicals assigned. 11 Q. Okay. 12 Q. Okay. 12 A. And then 1 met with those two gentlemen 13 A. And also as the title indicates, 1 was 13 and Mr. Peck and Mr. Cox yesterday. 14 involved with environmental issues 14 Q. For how long? 15 relating to the plants and the products 15 A. Actual meeting time was a couple of 16 produced at these plants. 16 hours in the late afternoon. 17 Q. Okay. 17 Q. Any other time? 18 A. In 1983, as a result of a reorganization 18 A. And this morning 1 met with 19 within Monsanto, 1 was appointed a 19 Mr. Davidson, Mr. Kelly, and Mr. Peck 20 director, environmental operations, for 20 from about -- Let's see. It was roughly 21 the operating unit referred to as the 21 eight thirtyish, quarter to nine until 22 Monsanto Industrial Chemicals Company, 22 about a quarter to twelve. 23 the same kind of assignments, different 23 Q. Did you review any documents in Papageorge, William P.E. Vol I (fmr Anniston Mgr) in MARS HILL (former Monsanto Employee) Pages 17-20 HARTOLDMON0034387 1 2 3 A. 4 Q. 5 A. 6 7 Q. 8 A. 9 10 11 12 13 Q. 14 15 16 17 A. 18 Q. 19 20 21 A. 22 23 Page 21 preparation for your testimony here today? Yes, 1 did. What did you review? 1 recall there was a mound of paper. 1 recall -Like that right (indicating) -Oh, it was a box full, sir. And really most of it was the transcript of a deposition taken for what I'm going to call the Nevada Power versus Monsanto case. Okay. Did you review any of the -Withdrawn. It was the transcript of a deposition? Yes. And did you review any of the exhibits that were part of the deposition in that case? Some of them. As 1 read through the transcripts - And 1 had to refresh my memory as to what are they talking 1 2 Q. 3 4 5 6 A. 7 8 9 10 Q. 11 A. 12 13 14 Q. 15 A. 16 17 Q. 18 19 20 A. 21 Q. 22 A. 23 Page 23 testifying as a fact witness. Are you being compensated for your time? 1 didn't mean to imply it was for your testimony. 1 meant in preparing for a deposition and to appear here today. No. I'm being paid for consulting with attorneys, with reviewing the past. 1 suppose you would call that part of the preparation. Yeah. That is what 1 meant. And 1 am paid for that. But the time that 1 am involved, say, in this deposition, I'm not paid for that. Okay. I'm not paid for the time 1 sit in the airplane either. But you are paid for the hours, the time you spent consulting with the attorneys regarding the deposition? Yes. Okay. How much are you compensated? About --1 usually charge a hundred fifty to two hundred dollars an hour. Page 22 Page 24 1 about. 1 would go back and find the 1 Q. Okay. And can you tell us 2 exhibit and refresh my memory, yes. 2 approximately -- Withdrawn. 3 Q. Can you tell us -- Without looking at 3 Have you already submitted a bill 4 the documents, can you tell us offhand 4 for the time you spent consulting with 5 specifically which documents you looked 5 the attorneys? 6 at? 6 A. On this particular deposition? 7 A. 1 recall seeing a copy of correspondence 7 Q. Yes, yes. 8 that 1 had issued back in the '70s 8 A. 1 have not. 1 haven't sat down to 9 regarding the status of the 9 calculate anything. 10 environmental issue as it related to 10 Q. Can you tell us approximately how many 11 PCBs. 1 have forgotten the date now and 11 hours you have spent altogether that you 12 the specifics in it. It is interesting. 12 plan to bill in connection with 13 1 don't remember the details. 1 have so 13 consulting with the attorneys? 14 many documents in mind that it gets 14 A. It is going to be about fourteen hours. 15 confusing. 15 Q. Okay. Do you have any plans to be out 16 Q. Well, I'm going to show you a lot of the 16 of the country during June of this year? 17 documents that 1 have, and perhaps that 17 A. No, sir. 18 will refresh your recollection. 18 Q. Sir, do you know if Monsanto ever 19 A. That's good. That will be helpful. 19 conducted departmental waste audits of 20 Q. Are you being compensated by Monsanto 20 the Anniston plant? 21 for your time in preparing for the 21 A. Will you help me with the expression 22 deposition and testifying here today? 22 "departmental waste audits"? I'm not 23 A. 1 don't receive any compensation for 23 familiar with that terminology. Papageorge, William P.E. Vol I (fmr Anniston Mgr) in MARS HILL (former Monsanto Employee) Pages 21 - 24 HARTOLDMON0034388 Page 25 Page 27 1 Q. Sure. Did Monsanto ever conduct an 1 of the -- the purpose of the Anniston 2 audit to identify the waste components 2 plant conducting departmental waste 3 from its operating departments? 3 audits? 1 believe that is reflected 4 A. I'm not aware of any program that was 4 right where it says, "Objective." 5 conducted that would cover the full 5 A. Yes. 6 spectrum of waste from each operating 6 Q. Okay. And is it fair to say that the 7 unit within the plant. 7 purpose of the audits was to identify 8 MR. ATKIN: Let's mark this as 8 major waste components from all the 9 Exhibit Number Three, if we 9 operating departments and to provide 10 could. 10 reliable flow data so that waste laws 11 (Plaintiffs' Exhibit Number 11 can be accurately calculated? 12 Three was marked for 12 A. Yes. 13 identification.) 13 Q. Do you recall, Mr. Papageorge, whether 14 Q. I'd ask you to look at the document, if 14 audits were done of the Aroclor 15 you could. And 1 might apologize. 1 15 department? And to refresh your 16 don't have another set for you. With 16 recollection, I'm referring to page 17 logistics being what they were, it just 17 number three. 18 didn't work out that way. 18 And just for the record, let me 19 A. 1 have scanned the exhibit. It does 19 state that this document is a February 20 refresh my memory about this activity. 20 24th, 1969, progress report from the 21 1 misunderstood your question up to the 21 technical services department of the 22 point when you asked about Monsanto 22 Anniston, Alabama plant, and it bears 23 audit, outside of all forty Monsanto 23 Bate stamp designation DSW 014277 Page 26 Page 28 1 plants conducting general audits. 1 through DSW 014281. Okay. I'm sorry. 2 Q. And 1 don't mean to interrupt you, but 2 A. Your question, as 1 remember it, was did 3 let me just say 1 know these documents 3 the Anniston plant conduct an audit of 4 go back a long ways. 1 know you are 4 the Aroclor department. 5 going to have to refresh your 5 As 1 said earlier, this document 6 recollection about a lot of them, and 6 doesn't refresh my memory on that. It 7 that is fine. 7 does indicate a plan to do so. 1 don't 8 I'm sorry. So this does refresh 8 know if that plan was executed. 9 your recollection about departmental 9 Q. Okay. 10 waste audits that were done? 10 A. 1 don't remember that the plan was 11 A. Well, it does refresh my memory in terms 11 executed. 12 of this particular exhibit describes a 12 Q. Got you. Let me show you another 13 plan to conduct the audits. 13 document. And we will mark this as 14 Q. Okay. 14 Papageorge Four for identification. 15 A. I'm having still some problems recalling 15 This is a progress report from the 16 when and if the audit was ever conducted 16 technical services department of the 17 and what the results were. 1 can't 17 Anniston, Alabama plant dated July 23rd, 18 place that just yet. 18 1969, bearing Bate stamp designation DSW 19 Q. That's okay. We will get to that in a 19 014284 through DSW 014295. 20 minute. All right? 20 (Plaintiffs' Exhibit Number 21 A. All right. 21 Four was marked for 22 Q. As identified in this document, do you 22 identification.) 23 know what the purpose of the audit was, 23 Q. If you can look at that document, Papageorge, William P.E. Vol I (fmr Anniston Mgr) in MARS HILL (former Monsanto Employee) Pages 25 - 28 HARTOLDMON0034389 Page 29 Page 31 1 perhaps it would refresh your 1 A. No, it doesn't. 2 recollection. 2 Q. Okay. Do you have any reason to believe 3 MR. PECK: Do you want to go off 3 that an audit was done of the Aroclor 4 the record when he reads or 4 department prior to July of 1969? 5 just want the tape to run? 5 A. 1 cannot speak for the years before 6 MR. ATKIN: 1 guess you can let it 6 1965, so 1 just would be guessing. 7 run, whatever you prefer. 7 Q. Okay. Was the reason that an audit was 8 Let it run. 8 being done of the Aroclor department in 9 Q. Let me just indicate now that you have 9 1969 because of the concern over PCBs 10 reviewed the document, this was a 10 being found in the tissue of some animal 11 document that was prepared apparently by 11 and the concern over the effect that the 12 Mr. Wright; is that correct? 12 PCBs were having on the palatability of 13 A. That is correct. 13 the fish? 14 Q. Okay. Who was Mr. Wright? 14 And 1 don't mean to trick you. 15 A. He was the individual at the Anniston 15 Why don't 1 refer you back to Papageorge 16 plant who was the -- who was given the 16 Three. It would also expedite things a 17 assignment to monitor environmental 17 bit. 18 issues at that plant. 1 have forgotten 18 A. 1 see the sentence that you are 19 his title, but it was something like 19 referring to. 20 environmental supervisor or some such 20 Q. Okay. 21 words. 21 A. The fact that the Aroclor materials, 22 Q. Okay. And 1 note that you are listed as 22 which 1 think today we would call PCB 23 one of the recipients of this document. 23 materials -- Page 30 Page 32 1 Is that correct? 1 Q. We can do that. 2 A. That is correct. 2 A. -- were being found in the tissue of 3 Q. Do you recall receiving this document? 3 some animals certainly triggered some 4 A. 1 do now that 1 have glanced at it, yes. 4 thinking regarding where are these 5 Q. And this document reflects that an audit 5 things, what are they, and where are 6 was in fact done of the Aroclor 6 they coming from. 7 department; is that correct? 7 1 recall the use of the word 8 A. That is correct. 8 "palatability," and 1 have no 9 Q. And apparently the audit was completed 9 information from anywhere over the 10 sometime in or about July of 1969; is 10 decades that anybody indicated that the 11 that correct? 11 palatability of fish was an issue in 12 A. That is correct. 12 1969. It just doesn't ring any kind of 13 Q. Okay. Did you have any involvement at 13 memory bell. 14 all in the conducting of the audit? 14 Q. Okay. Do you know whether the contents 15 A. My involvement is one where 1 am the 15 of this document was actually prepared 16 plant manager of the plant in which 16 by Mr. Wright? 17 Mr. Wright worked, and the department 17 A. Which document? Are we looking at Three 18 that he audited was under my 18 or Four? 19 responsibility. 19 Q. Three. 20 Q. Does this refresh your recollection as 20 A. Three. 1 have no reason to believe -- 21 to whether or not an audit had ever been 21 Q. Otherwise? 22 done previously of the Aroclor 22 A. -- otherwise. 23 department? 23 Q. And the same would hold true for Papageorge, William P.E. Vol I (fmr Anniston Mgr) in MARS HILL (former Monsanto Employee) Pages 29 - 32 HARTOLDMON0034390 Page 33 Page 35 1 Papageorge Four; is that correct? 1 A. So 1 just don't know how much of that, 2 A. That is correct. 2 if any, is PCB. 3 Q. There was no reason that Monsanto 3 Q. Well, according to this document, 1 4 couldn't have done audits of the Aroclor 4 believe it says the major sources of 5 department before 1969; is that correct? 5 organic -- primarily Aroclors, but with 6 A. There was one very limiting shortcoming. 6 smaller amounts of biphenyl, Santowax, 7 Q. Okay. 7 and FIB-40. 8 A. The ability to measure PCBs in part per 8 Does that refresh your 9 million or less levels was not available 9 recollection as to whether the major 10 until roughly 1968. And even then there 10 component of the organic waste was from 11 was some difficulty experienced in 11 Aroclors? 12 duplicating results. And it depended an 12 A. Not really, because when they speak of 13 awful lot on the laboratory and the 13 Aroclor, at that point in time, at the 14 experience of the chemist. And so it 14 Anniston plant within Monsanto, the word 15 was undergoing a period of development 15 "Aroclor" covered chlorinated biphenyls 16 in '68. 16 as well as chlorinated terphenyls. 17 So without that technology being 17 Also, within that operation, 18 available, a true audit -- Well, an 18 because of their use as starting 19 audit could have been held, but the 19 materials, there were other organic 20 answers would have come out zero PCBs. 20 materials present. 21 Q. Prior to 1968? 21 So again, the expression "organic 22 A. Yes. And even during '68. We would 22 materials" is not really definitive. 23 have gotten some answers that always 23 Q. Does this document reflect an audit that Page 34 Page 36 1 would have a question mark after them. 1 was also done of the HCI department? 2 Q. Okay. Looking at Papageorge Four -- 2 A. Yes, it does. 3 A. 1 have it. 3 Q. And it also reflects the results of the 4 Q. Okay. Was a determination made as to 4 amounts of HCI, average losses of HCI 5 how much the average total loss -- the 5 per day; is that correct? 6 average daily losses of organic PCBs 6 A. 1 believe 1 saw that here. Let me look 7 were? 7 at it. 8 A. Well, 1 see -- 8 Q. Actually I'm referring to the first 9 Q. I'm actually referring you to the 9 page, to DSW 014284. 10 summary on the first page, to the second 10 A. Well, the number that 1 see on that 11 sentence, which reads, "The average 11 first page is the number we mentioned 12 total losses of organic material from 12 earlier referring to organic material of 13 these departments is approximately 13 twenty-seven pounds a day. And it -- 14 twenty-seven pounds per day." 14 Q. When you said may, may also encompass 15 A. My hesitation is due to the fact that 15 not only PCBs but other organic 16 there are many chemicals involved in 16 materials? 17 this particular operating unit that are 17 A. In terms of organic material, correct, 18 called organics. Some of them are PCBs. 18 right. 19 There is also, as 1 remember, benzene 19 Q. Right. 20 and biphenyl and hydrogenated biphenyl 20 A. And then when you say -- 21 and many other materials which would 21 Q. I'm referring to the last sentence on 22 come out as organic material. 22 the first paragraph on the summary which 23 Q. Okay. 23 states, "The chlorinated sewer showed an Papageorge, William P.E. Vol I (fmr Anniston Mgr) in MARS HILL (former Monsanto Employee) Pages 33 - 36 HARTOLDMON0034391 Page 37 Page 39 1 average loss of eleven hundred pounds of 1 A. Well, that tells me that the observer 2 HCI per day, and the HCI department 2 who went out looking for evidence of 3 losses were an average of fifteen 3 PCBs, which look an awful lot like the 4 thousand five hundred pounds per day." 4 motor oil that drips out of your car on 5 A. 1 see that, yes. 5 the garage floor -- he went out looking, 6 Q. So this does in fact report or give 6 and he spotted what he thought might be 7 reporting on the HCI losses, the average 7 a PCB. Remember, he didn't analyze for 8 HCI losses? 8 it. He just saw that stain, if you 9 A. You are correct. 9 will. And it was at most a block -- And 10 Q. And at or about the time that this audit 10 I'm assuming that is a city block -- a 11 was conducted, did Monsanto become 11 typical city block away from the plant 12 concerned about the effects of PCBs in 12 boundary line. 13 the plant effluent water on Snow Creek 13 Q. Okay. Did Monsanto take samples of mud 14 and Choccolocco Creek? And 1 am 14 and water downstream from the plant at 15 referring to the first page, the last 15 that time? 16 paragraph on the first page. 16 A. I'd have to refresh my memory. 17 A. 1 see the reference, yes. 17 Q. Also on the first page. 18 Q. Does this refresh your recollection, 18 A. Yes, they did take samples. 19 sir, as to whether or not -- Withdrawn. 19 Q. Okay. How many samples did they take? 20 Do you know whether Monsanto 20 A. It indicates here six samples of mud and 21 became concerned about the effects of 21 water. 22 PCBs on Snow Creek and Choccolocco Creek 22 Q. Do you know where they were taken from? 23 prior to July of 1969? 23 A. I'd have to look at the map that's Page 38 Page 40 1 A. Not to my recollection. 1 referred to here. 2 Q. Now, in or about July 1969 Monsanto 2 Q. Okay. 3 visually checked Snow Creek and 3 A. But 1 don't find a map. 4 Choccolocco Creek for PCBs; is that 4 Q. Neither do 1. That is why 1 asked you. 5 right? And I'm referring you to the 5 A. It's for some reason missing. 6 document. 6 Q. But you don't remember offhand? 7 A. Yes. 7 A. Oh, no, 1 don't. 8 Q. And this document reflects that -- what 8 Q. Now, if you turn to page DSW 014289, 9 the results of that visual inspection 9 which is page six of this document -- 10 were; is that correct? 10 A. 1 have it. 11 A. 1 recall seeing it as 1 scanned it. 11 Q. That reflects that samples were taken of 12 Q. I'm on the first page, actually. 12 -- two sets of samples, mud and water, 13 A. Still? 13 were collected from Snow Creek in 14 Q. Yeah. 14 September of 1968. Is that correct? 15 A. It is the last paragraph, first page. 15 A. I'm having difficulty finding reference 16 Yes, sir, 1 see it. 16 to two here. 17 Q. It reflects that none was noted more 17 Q. Do you see where -- Let me help you out. 18 than one block from the plant 18 Do you see where it says, "Sample 19 boundaries. 19 location"? 20 A. 1 see that, yes. 20 A. Yes. 21 Q. Does that mean, sir, that up to one 21 Q. The paragraph just above that. It says, 22 block from the plant boundaries Monsanto 22 "During September of 1968 two sets of 23 was able to visually detect PCB waste? 23 samples, mud and water, were collected Papageorge, William P.E. Vol I (fmr Anniston Mgr) in MARS HILL (former Monsanto Employee) Pages 37 - 40 HARTOLDMON0034392 Page 41 Page 43 1 from Snow Creek." 1 million or parts per billion. 2 A. 1 see that, yes. 2 I'm sorry. 1 read it now. 1 read 3 Q. And it also reflects that these samples 3 it. 4 were analyzed for PCBs by the organic 4 Q. It is percent, right? 5 research method, correct? 5 A. Percent, yes, sir. 6 A. I'm confused by your use of the word 6 Q. So this would be parts per hundred, 7 "method." 7 would it not? 8 Q. It says, "By organic research." 8 A. Yes. It would be point two, plus or 9 A. Yes, sir. 9 minus point oh two in percent. 10 Q. Do you know what is meant by the term 10 Q. Parts per hundred? 11 "organic research"? 11 A. Yes. 12 A. This refers to the team of analytical 12 Q. And does the second sample one block 13 chemists assigned to Monsanto's central 13 below the plant have one? 14 research department to work on new 14 A. Yes. It is one point six four pounds 15 technology for analyzing for chemicals, 15 per hundred pounds. 16 and PCB was one of their projects. 16 Q. Okay. Now, this progress report is 17 Q. Okay. And this in fact gives the 17 labeled on top "Company Confidential" on 18 results of the samples that were taken 18 the first page. 19 in 1968; is that correct? 19 A. Yes, sir. 20 A. Are we still on the same page as the two 20 Q. What does that mean? 21 samples? 21 A. Well, it is information that someone in 22 Q. Yes. 22 the company, generally the author of a 23 A. As 1 read it, it shows me analyses were 23 document, believed that it was unique to Page 42 Page 44 1 completed on the two samples of the 1 the company's operation and that his 2 sediment and the one sample of water. 2 opinion ought to be kept confidential 3 Apparently the second sample of water 3 and for use within the company to manage 4 was dropped and broken. 4 its affairs. 5 Q. Right. What is the figure given for the 5 Q. Okay. 6 parts per billion of the one water 6 A. It is the author's judgment call. 7 sample? 7 Q. Okay. To your knowledge, sir, did 8 A. Fifty-eight, plus or minus two. 8 Monsanto ever disclose to the residents 9 Q. And it also gives results for the 9 of Anniston in 1968 or 1969 that 10 sediments; is that right? 10 twenty-seven pounds of organic and acid 11 A. I'm sorry? It also gives results? 11 waste from the Aroclor and HCI 12 Q. Yes, for the sediment. 12 departments were being lost from the 13 A. Yes, it does. 13 plant? 14 Q. And are you able to determine from the 14 A. There was no reason to talk those 15 results of the sediment how many 15 numbers. They were meaningless. 16 thousands of parts per million of PCBs 16 Q. But the answer is no? 17 were found in the samples, in the two 17 A. That is correct. 18 samples of sediment? 18 Q. Thank you. Did anyone ever tell the 19 A. Thousands of parts per million? 19 residents of Anniston at that time that 20 Q. Yes. 20 Monsanto was visually checking Snow 21 A. Well, this number you see there is not 21 Creek and Choccolocco Creek to determine 22 identified as to the magnitude of that 22 the effects of the PCBs in the plant 23 number. We don't know if it's parts per 23 effluent water? Papageorge, William P.E. Vol I (fmr Anniston Mgr) in MARS HILL (former Monsanto Employee) Pages 41 - 44 HARTOLDMON0034393 Page 45 Page 47 1 A. Sir, this is no different than a service 1 And by the way, Mr. Papageorge, if 2 station man telling his neighbors he has 2 you need at any time to take a break, 3 got motor oil on the curb by his service 3 just let me know. 4 station. Those things are just 4 (Plaintiffs' Exhibit Number 5 nonproductive comments that one can make 5 Five was marked for 6 to others. 6 identification.) 7 Q. I'm going to move to strike. But the 7 A. 1 will do that. 1 have read the 8 answer, though, is no; is that right? 8 document. 9 A. Yeah. 9 Q. Thank you. This document is a memo -- 10 Q. Okay. Did anyone ever tell the 10 Let me just identify it for the record. 11 residents of Anniston that Monsanto had 11 This is a one-page memorandum from 12 taken samples of mud and water 12 Mr. Wright dated November 14th, 1969, 13 downstream from the plant in Choccolocco 13 addressed to yourself; is that correct? 14 Creek and Snow Creek in 1968 and 1969? 14 A. That is correct. 15 A. Again, there was no rational reason for 15 Q. And the subject is Aroclor spill on 16 talking to anybody, so they didn't do 16 March 6, 1969. 17 it. 17 A. It is. 18 Q. Okay. The answer is no; is that right? 18 Q. Okay. And this reflects that in 19 A. That is what you heard me say. We 19 November 1969 there was a loss of 20 didn't do it. 20 fifteen hundred gallons of Aroclor 1242 21 Q. Okay. And did Monsanto ever disclose to 21 to the plant acid sewer; is that 22 the residents of Anniston in 1968 or 22 correct? 23 1969 that it had taken fish samples to 23 A. That is correct. Page 46 Page 48 1 be analyzed for PCB content as reflected 1 Q. And it also reflects how this happened, 2 in this document? 2 correct? 3 A. The same rationale applies, sir. The 3 A. It does. 4 reason for doing so was not present, and 4 Q. And it says that the line on the bottom 5 we didn't do it. 5 of the number three Aroclor still 6 Q. Thank you. If 1 ask you a question that 6 receiver failed, correct? 7 calls for a yes or no answer, 1 would 7 A. Yes. 8 appreciate it if you could confine your 8 Q. And did you first learn about this spill 9 answers to a yes or no. 9 in this memorandum? 10 A. Sir, you may appreciate it, but 10 A. This confirmed an oral report that was 11 sometimes a yes or no is not truthful, 11 given to me back when it happened. 12 nor accurate. 12 Q. By Mr. Wright? 13 Q. Okay. By the way, sir, have you seen -- 13 A. No. 1 believe it was the supervisor of 14 did you review Papageorge Three and Four 14 the Aroclor operation that told me. 15 with the attorneys before coming to 15 Q. And who was that? 16 testify here today? 16 A. Jack Malloy. 17 A. 1 don't remember. No. 17 Q. And do you recall how many gallons of 18 Q. Okay. You don't remember or no? 18 PCBs Monsanto was able to recover from 19 A. 1 don't remember seeing them, so 1 did 19 the fifteen hundred gallons that had 20 not see them. 20 been lost? 21 Q. Okay. I'm going to show you another 21 A. 1 had to refresh my memory. It does 22 document, which we will mark as 22 refer to three hundred fifty gallons of 23 Papageorge Five for identification. 23 material recovered for reuse. Papageorge, William P.E. Vol I (fmr Anniston Mgr) in MARS HILL (former Monsanto Employee) Pages 45 - 48 HARTOLDMON0034394 Page 49 Page 51 1 Q. Okay. What happened to the remainder of 1 Q. I'm talking specifically as a result of 2 the PCBs that had spilled? 2 this spill. 3 A. As best 1 recall -- 3 A. Sure. That's no different than any 4 Q. You may want to refresh your 4 other accident or event. 5 recollection from the document. If your 5 Q. Okay. And Monsanto in fact collected 6 recollection is different from this, 6 samples from Snow Creek to determine how 7 that is okay. 7 much of the spill material had entered 8 A. As 1 recall, there were efforts made to 8 Snow Creek; is that right? 9 recover any material they could from the 9 A. How much, if any, yes. 10 sewer itself, and then there were 10 Q. Yes. Who collected the samples; do you 11 cleanup efforts of the neutralization 11 recall? 12 pit to which some of this leakage went. 12 A. No, 1 don't. 13 And in both of those situations the 13 Q. Do you know where they were sent? 14 material would normally be put in drums 14 A. At that point in time they were probably 15 and hauled to the landfill for disposal. 15 sent to this group we referred to 16 Q. Okay. This memo reflects that the 16 earlier, the organic research analytical 17 remainder of the PCBs was probably lying 17 group. 18 in the sewer and had been mixed with the 18 Q. Do you know what the results were? 19 dirt and sand at the head of the acid 19 A. No, 1 don't remember. 20 neutralization pit. 20 Q. And did Mr. Wright make any 21 A. It does say. 21 recommendations to prevent a recurrence 22 Q. Is that consistent with your 22 of this type incident? 23 recollection? 23 A. Well, a recommendation is reflected in Page 50 Page 52 1 A. Yes. There are ways to absorb the 1 the memorandum, Exhibit Five. 2 liquids in sewers and then shovel them 2 Q. Okay. And what was the recommendation? 3 out. 3 A. The recommendation he refers to there is 4 Q. Okay. Was a portion of this material 4 the installation either of a second 5 leaking through the limestone at the 5 catch basin, which is this limestone 6 effluent end of the pit, the limestone 6 pit, or what he calls another device 7 pit? 7 between the PCB producing department and 8 A. Through the limestone? 8 the neutralization pit. 9 Q. Yes. 9 Q. Okay. Was that recommendation ever 10 A. Yes. It has to trickle down through the 10 implemented? 11 limestone until it reaches the clay bed. 11 A. Yes. 12 Q. And Mr. Wright believed it was highly 12 Q. Okay. Do you know when? 13 unlikely that Monsanto would be able to 13 A. About 1970. We installed a second 14 recover any more of this material, 14 neutralization pit, and they also 15 correct? 15 installed a catch basin underneath the 16 A. Yes. And keep in mind recovering means 16 operation to catch any leak of this 17 reuse, profitable recovery. 17 type. 18 Q. Okay. Was Monsanto concerned about how 18 Q. Okay. To your knowledge, sir, was this 19 much of the spilled PCBs might be 19 incident the first time that hundreds of 20 getting into Snow Creek? 20 gallons of PCBs had spilled into the 21 A. At this point in time, yes, we were very 21 acid sewer? 22 careful in monitoring that kind of 22 A. To my knowledge, yes, this is the only 23 activity. 23 incident I'm aware of. Papageorge, William P.E. Vol I (fmr Anniston Mgr) in MARS HILL (former Monsanto Employee) Pages 49 - 52 HARTOLDMON0034395 Page 53 Page 55 1 Q. Are you aware of any incidents like this 1 handwritten memo that was sent to you by 2 occurring after this point in time? 2 Mr. Hodges? 3 A. There were no other incidences like 3 A. Yes. 4 this. 4 Q. All right. Okay. Who is Mr. Hodges? 5 Q. Okay. We are going to mark this for 5 A. Mr. Hodges was the individual in 6 identification as Papageorge Six. And 6 Monsanto's organic division, organic 7 this is a document bearing Bate stamp 7 chemicals division, who was assigned the 8 number -- Bate stamp designation DSW 8 task of monitoring environmental issues 9 013186 through 013191. 9 in the organic division's plant. 10 (Plaintiffs' Exhibit Number 10 Q. Okay. The memo reflects on page 11 Six was marked for 11 013187 - 12 identification.) 12 A. 1 see it. 13 Q. But before you go to that document -- 13 Q. It is referring now to Bill Papageorge, 14 I'm sorry to do this out of order, but 14 and then it says, "Anniston." Do you 15 the document 1 just showed you before, 15 see that right underneath that? 16 Papageorge Five -- 16 A. Yes. 17 A. Yes. 17 Q. It says, "Twenty-five to fifty pounds of 18 Q. -- did you review that document with the 18 Aroclors originally lost with some 19 attorneys when you met with them to 19 trapping of three Aroclors at the 20 consult regarding the deposition today? 20 limestone neutralization." 21 A. No. 21 A. 1 see that. 22 MR. PECK: I'm starting to think 22 Q. Do you know for how long twenty-five to 23 we didn't do a good job of 23 fifty pounds per day of Aroclors were 1 2 Q. 3 4 5 6 7 8 Q. 9 10 11 12 13 14 15 16 17 18 19 A. 20 Q. 21 22 A. 23 Q. Page 54 it. 1 If you can look at this document, 1 will 2 tell you that I'm only going to be 3 A. interested in the first paragraph on 4 page DSW 013187. 5 Q. MR. PECK: But if you want to look 6 at all of it, go ahead. 7 Please, absolutely. Actually, in 8 looking at the document, probably 1 9 think DSW 013186 and 13187 go together 10 A. and probably the rest of the document 11 somehow got attached. The reason 1 say 12 Q. that is because the summary is for 13 September 1970, the summary reflected in 14 A. the technical service department's 15 Q. monthly report. And the handwritten 16 notes that I'd like to ask you about are 17 dated April 6, 1970. Do you see that? 18 1 see that. 19 Okay. Have you had a chance to look 20 A. through DSW 013187? 21 1 have. 22 Are these handwritten notes or a 23 Q. Page 56 being lost to the sewer at the Anniston plant? 1 have no idea. It might have been one minute and it might have been days. Okay. If you look at the -- that first paragraph still, it does reflect that present losses in April 1970 -- See where it says, "Present losses are about five pounds per day"? Yes. It is the last part of that statement. Yes. Five pounds per day or five hundred parts per billion, correct? That's what it says, yes. So that reflects, sir, that as of April 6, 1970, the plant was experiencing losses of PCBs to the sewer of five hundred parts per billion or five pounds per day, correct? 1 hesitate because you used the words "lost to the sewer." 1 see this as material entering the pit. Okay. So when it says, "present Papageorge, William P.E. Vol I (fmr Anniston Mgr) in MARS HILL (former Monsanto Employee) Pages 53 - 56 HARTOLDMON0034396 1 2 3 A. 4 5 Q. 6 7 8 9 10 A. 11 12 13 14 15 16 17 18 19 20 21 22 23 Page 57 losses," you are referring to material entering the pit? Yeah. By losses, it's from the production unit down to the pit. To the pit. Okay. I'm sorry. Thank you for clarifying that. And the goal was to reduce that level to ten parts per billion per day by October 1 st, 1971, correct? Correct. MR. ATKIN: Let us mark for identification the next document, which is the July 21st, 1970, progress report. Do you have that? I'm sorry. You do not have that. Okay. That's all right. We will take this one, but 1 guess we will have to stipulate for the record that the highlighted portions of this were done by me. Obviously the original 1 2 3 4 5 A. 6 Q. 7 8 9 10 11 12 A. 13 Q. 14 15 16 A. 17 Q. 18 19 A. 20 Q. 21 22 23 Page 59 1970, titled Aroclor Losses at the Anniston Plant, bearing Bate's number MONS 056663 through 056673. If you could turn to page 056667. 1 have it. Okay. According to that sheet, the average Aroclor concentration from April 22nd, 1970 through May 4th, 1970 was eighteen hundred and thirty-three parts per billion in the warehouse sewer. Is that correct? That is correct. And the average Aroclor losses per day listed on that document were one point forty-three pounds? That is correct. If you could turn to the document MONS 056670. 1 have it. Okay. According to that sheet the Aroclor concentration in the total plant effluent averaged fourteen hundred sixty parts per billion per day for April Page 58 Page 60 1 documents did not have any 1 15th, 1970 through June 30th, 1970. Is 2 highlighting on it. 2 that correct? 3 MR. PECK: Okay. I've marked that 3 A. That is correct. 4 Plaintiffs' Exhibit Seven for 4 Q. And the Aroclor losses per day averaged 5 you. 5 fifteen point seventy-four pounds for 6 (Plaintiffs' Exhibit Number 6 that period? 7 Seven was marked for 7 A. Yes. 8 identification.) 8 Q. And in fact got as high on one of the 9 MR. ATKIN: Thank you. Let's go 9 sample days, on May 4th, 1970, as a 10 off for one second. 10 hundred and ninety-eight pounds, 11 MR. PECK: Sure. 11 correct? 12 (Discussion held off record.) 12 A. 1 see that, but 1 note that it is 13 Q. Okay. Well, have you had a chance to 13 included in a bracketed set of numbers 14 review that document? 14 with an asterisk. 15 A. 1 have scanned it, not totally, 15 Q. Do you know what that bracket and 16 thoroughly reviewed. 16 asterisk means? 17 Q. Okay. I'm going to try to direct you to 17 A. 1 cannot at the moment determine what 18 certain portions of the document. 18 that is trying to tell us. 19 Let me just say that -- for the 19 Q. Okay. If you could look at MONS, the 20 record that Plaintiffs' Exhibit Seven 20 next page, 056671. 21 for the Papageorge deposition is a 21 A. 1 have it. 22 progress report from the technical 22 Q. As well as the document after it, 23 services department dated July 21st, 23 056672. Those two sheets give the Papageorge, William P.E. Vol I (fmr Anniston Mgr) in MARS HILL (former Monsanto Employee) Pages 57 - 60 HARTOLDMON0034397 1 2 3 A. 4 Q. 5 6 A. 7 Q. 8 9 10 11 A. 12 13 Q. 14 A. 15 Q. 16 17 18 19 A. 20 21 22 23 Page 61 results for the Snow Creek sampling station; is that correct? Yes. Okay. Do you know where the Snow Creek sampling station was? I'm confused by your -- Was when? At that time, when they took these samples, the station, do you know where it was? It says the Snow Creek sampling station. Oh, the actual spot where the samples were taken? Yes. Not specifically, no. Generally do you know? 1 mean, could you give us some geographic description that would enable us to pinpoint where it was? Not really, not without being misleading. 1 know the asterisk, sir, refers to the note on page MONS 056672. Yes. It is the limestone pit was being 1 2 3 A. 4 5 Q. 6 A. 7 Q. 8 A. 9 Q. 10 11 12 13 A. 14 15 16 17 18 19 20 21 22 23 Q. Page 63 hundred parts per billion; is that correct? Do 1 have the right page, sir? Is that MONS 056670? 6671. 71? Look at 5-10. 5-10, yes. And most of the samples that are reflected on these sheets in fact reflect levels that are beyond saturation; isn't that right? 1 hesitate, sir, because when we speak of saturation, 1 need some guidance regarding saturated in what. Is it distilled water or filtered water or water containing sediment to which PCBs could adhere? So 1 don't know that 1 could answer that, because a natural material, when a sample is grabbed, could be all kinds of degrees of sediment in it. Okay. Fair enough. If you could take a Page 62 Page 64 1 cleaned out when those bracketed numbers 1 look at the last page, MONS 056673. 2 were incurred. 2 A. 1 have it. 3 Q. 1 see. It says, "Data not included in 3 Q. This page lists the amounts of PCBs in 4 average." What does that mean? 4 parts per billion found in eleven 5 A. Each of these data sheets that have a 5 different samples in Snow Creek and 6 total at the bottom called average, any 6 Choccolocco Creek, correct? 7 bracketed numbers in each of those 7 A. That is correct. 8 columns are not included in the average. 8 Q. And it also breaks the PCB concentration 9 Q. 1 see. Okay. Do you know how many 9 down by mud and water samples? 10 samples were set up on Snow Creek? 10 A. Correct. 11 A. No, 1 don't. 11 Q. Let's just take a look at the first 12 Q. Okay. According to these two sheets, 12 sample there, which is dated 10-8-69. 13 the average amount of PCBs --1 guess if 13 A. 1 see it. 14 you look at 056672, the parts per 14 Q. The sample location is Snow Creek at 15 billion at Snow Creek from April 15th, 15 Glenaddie? 16 1970 through June 21st, 1970 was seven 16 A. Yes. 17 hundred sixty-eight parts per billion. 17 Q. Where is Glenaddie in relation to the 18 Is that right? 18 plant? 1 guess by that, how far down -- 19 A. That's what it indicates, yes. 19 how far is it from the plant? 20 Q. And on some days -- I'm referencing now 20 A. 1 don't know that 1 ever measured it. 21 in particular May 10th, 1970 -- the 21 I'm going to say three miles, 22 amount of PCBs in parts per billion in 22 thereabouts, less than five. 23 Snow Creek reached as high as ninety-six 23 Q. According to this sheet, there were two Papageorge, William P.E. Vol I (fmr Anniston Mgr) in MARS HILL (former Monsanto Employee) Pages 61 - 64 HARTOLDMON0034398 Page 65 Page 67 1 point three six times ten to the seventh 1 A. All right. My arithmetic may be off, 2 parts per billion Aroclor concentration 2 but 1 came up with two hundred 3 in that sample of mud; is that right? 3 thirty-six parts per million. 4 A. That's what it indicates, yes. 4 Q. Okay. Is that a high concentration of 5 Q. How much is that in terms of parts per 5 PCBs? 6 million; do you know? 6 A. As 1 started to ask earlier --1 don't 7 A. I'd need a paper and pencil to calculate 7 know how to define "high." If 1 were 8 it. That would be -- Unless I'm reading 8 looking for a practical use of that 9 wrong and by mental arithmetic, about 9 mixture, 1 would suggest it's too low to 10 twenty-three point six parts per 10 do any good to anything. If 1 look at 11 million. 11 any other kind of indicator, 1 could 12 Q. Okay. 12 come up with an answer that says it is 13 A. A million has six zeros. This has ten 13 high. 1 don't know what to compare it 14 to the seventh. So 1 take that ten and 14 to, sir. 15 multiple by two point three six by ten. 15 Q. Okay. There is -- Sample number four -- 16 That gives me twenty-three point six for 16 Actually -- I'm sorry. Sample number 17 ten to the sixth million. 1 apologize. 17 three dated October 8th, 1969. 18 The whole column is parts per million. 18 A. 1 see it. 19 Q. Right. Isn't it in fact twenty thousand 19 Q. It is Choccolocco Creek at the city 20 parts per million? 20 treatment plant? 21 A. Should 1 take the time to do the 21 A. 1 see it. 22 arithmetic? It is only an arithmetic 22 Q. That was seven hundred thirty-eight 23 answer. Somebody can calculate that. 23 thousand parts per billion, correct? Page 66 Page 68 1 Q. Okay. That is a high level of PCBs, 1 A. Parts per billion? 2 isn't it? 2 Q. Parts per billion, yes. 3 A. Compared to what, sir? 3 A. Yes. 4 Q. Well, let's just say it is twenty 4 Q. I'm sorry. 1 need to speak a little 5 thousand parts per million. Is that a 5 louder sometimes. 6 high level of PCBs? 6 A. My hearing is not that good. 7 MR. PECK: Object to the form of 7 Q. I'm sorry. I'll try to speak up. 8 the question. The whole 8 Now, was the city treatment plant 9 column is parts per billion. 9 more than a half mile from the plant? 10 THE WITNESS: Yes, parts per 10 A. Yes. 11 billion. 11 Q. Okay. Were the results of those -- of 12 MR. PECK: So it wouldn't be 12 these samples ever disclosed to anyone 13 twenty-three thousand parts 13 outside of Monsanto Company? 14 per million. 14 A. Not to my knowledge. 15 THE WITNESS: This is parts per 15 Q. Okay. How far is Mars Hill Missionary 16 billion. 16 Baptist Church from the plant? 17 Q. Two thousand parts per million; is that 17 A. I've never measured it. 1 don't know 18 right? Two point three six times ten to 18 that anybody ever told me. Five city 19 the seventh parts per billion is two 19 blocks or so. 20 thousand parts per million, isn't it? 20 Q. Okay. Less than a mile? 21 A. All right. 1 might as well take the 21 A. Yes. 22 time and do it. 22 Q. Now, how far would you say the church is 23 Q. Thank you. Thank you. 23 from the south landfill of the plant? Papageorge, William P.E. Vol I (fmr Anniston Mgr) in MARS HILL (former Monsanto Employee) Pages 65 - 68 HARTOLDMON0034399 Page 69 Page 71 1 A. About that order or magnitude of 1 Q. Okay. 2 distance. 2 A. E. P. Wheeler was a member of Monsanto's 3 Q. Something similar? 3 corporate medical department. 4 A. Similar, yes. 4 Q. A doctor? 5 Q. Let us mark this for identification as 5 A. Not a medical doctor. He had a master's 6 Papageorge Eight, Plaintiffs' Eight, for 6 in public health, as 1 remember. He was 7 the Papageorge deposition. 7 for a while the assistant director, 8 (Plaintiffs' Exhibit Number 8 reporting to Dr. Kelly, and he later 9 Eight was marked for 9 became manager of industrial health. 10 identification.) 10 Q. Okay. 11 A. 1 have reviewed the exhibit. 11 A. E. G. Wright, we discussed earlier, was 12 Q. Okay. Thank you. This exhibit, for the 12 the manager of the Anniston plant 13 record, is a memorandum that was sent to 13 involved in environmental issues. 14 you, to W. B. Papageorge, from E. S. 14 And P. B. Hodges is the individual 15 Tucker; is that correct? 15 in the organic division's manufacturing 16 A. That's correct. 16 staff involved with environmental 17 Q. Dated August 6th, 1970, bearing 17 decisions. 1 think we described him 18 apparently two different sets of Bate's 18 earlier also. 19 numbers. We will just give one of them, 19 Q. Right. Who is Mr. Garrett? 20 NPC 0108099 through NPC 0108101. Was 20 A. I'm sorry. 1 missed him. J. T. Garrett 21 this a memorandum -- Is it Dr. Tucker? 21 was a member of Monsanto's medical 22 A. Yes. 22 department who headed the industrial 23 Q. What is Dr. Tucker's first name? 23 hygiene group. Page 70 Page 72 1 A. Scott. I'm sorry. He went by Scott. 1 1 Q. Okay. The first sentence of this memo 2 never knew what the E stood for. 2 says, "During the October 1969 3 Q. Okay. What was his position at 3 semiannual survey of the Choccolocco 4 Monsanto? 4 Creek, a number of fish were collected, 5 A. He was an analytical chemist in 5 quick frozen, and shipped to us for PCB 6 Monsanto's corporate research departmen : 6 residue analysis." Do you see that? 7 who was the principal research person in 7 A. 1 do. 8 developing PCB analytical methodologies. 8 Q. When did Monsanto start doing semiannual 9 Q. Okay. Now, 1 may as well ask you this 9 surveys of Choccolocco Creek? 10 at this point so 1 don't lose too much 10 A. As best -- I'm trying to recall. It 11 time. There were several people copied 11 seemed to me in April of '70. And I'm 12 on this memo. 12 trying to tie that in with the audit 13 A. There are. 13 programs that we saw earlier. 14 Q. Can you tell us who they are? 14 And the audits originally were 15 A. M. W. Farrar is the director of research 15 designed to look at samples of soil and 16 involved with the PCB products used as 16 sediment and water and the like. And 17 what Monsanto called plasticizers, which 17 while they were out there, they took 18 really is another word for miscellaneous 18 some fish samples. And 1 interpret this 19 use. 19 to tell me that this was the second 20 R. E. Keller was in Monsanto's 20 batch of fish that they received in the 21 corporate research who headed the unit 21 year 1970. 22 in which Dr. Tucker worked, the 22 Q. But the sample was actually taken and 23 analytical research unit. 23 the survey of the creek was taken in Papageorge, William P.E. Vol I (fmr Anniston Mgr) in MARS HILL (former Monsanto Employee) Pages 69 - 72 HARTOLDMON0034400 Page 73 Page 75 1 October of 1969? 1 received. After it's defrosted and 2 A. Yeah. But I'm trying to remember those 2 thawed out, they weigh it and then 3 audits that we reviewed earlier. 1 3 analyze the given weight of that 4 thought they were '69 audits. You may 4 material. 5 recall in Exhibit Three -- 5 The lipid weight, they take the 6 Q. Right. 6 sample and extract it to remove all the 7 A. -- there was an audit plan developed for 7 fat from it and then analyze the PCBs in 8 the Anniston plant. That was in '69. 8 that fat. 9 Q. Uh-huh (indicating yes). 9 Q. Okay. 10 A. Okay. And then there was this audit. 10 A. Thank you. 11 1 have forgotten the question now. You 11 Q. Now, on page NPC 0108100, which is the 12 mentioned '68, did you? 12 second page --1 think the one you are 13 Q. Yes. It says, "During the October '69 13 holding right there -- this reflects 14 semiannual survey of the creek." I'm 14 that there were as many as one thousand 15 wondering if you know when semiannual 15 ninety-seven parts per million of PCBs 16 surveys of the creek first began. 16 per wet weight for some species of fish. 17 A. It is my recollection at the moment that 17 I'm referring to the last figure, the 18 it began in the early part of 1969. 18 last column -- not the last column, for 19 Q. Okay. 19 the species Notropis venustus. 20 A. On or about the April period. 20 A. That's the last entry on the page? 21 Q. Okay. And what did these surveys 21 Q. Yes. 22 consist of; do you know? 22 A. Ten ninety-seven. 23 A. It's the collection of samples of water 23 Q. That is parts per million, right? Page 74 Page 76 1 and sediment and fish. 1 A. Parts per million as PCB of the type 2 Q. Okay. 2 represented by Aroclor 1254, yes. 3 A. And the subsequent analyses of these 3 Q. Which is one of the many Aroclor 4 samples. 4 compounds that were manufactured by 5 Q. Okay. And how long did Monsanto do 5 Monsanto, correct? 6 these surveys for? 6 A. One of several mixtures of PCBs that are 7 A. 1 just don't remember when they stopped. 7 sold by Monsanto. 8 Q. Okay. Were they still doing them when 8 Q. And if you look at that same species, it 9 you left Monsanto's employment? 9 also reflects that there were as many as 10 A. 1 don't know. 10 thirty-seven thousand eight hundred 11 Q. Okay. Pages two and three of this 11 parts per million of Aroclor 1254 PCBs 12 document give the PCBs in parts per 12 per lipid content, correct? 13 million calculated as Aroclor 1254 for 13 A. Yes. 14 various species of fish sampled at 14 Q. And people shouldn't eat fish with that 15 Choccolocco Creek above and below the 15 level of PCBs in them, should they? 16 confluence with Snow Creek, correct? 16 A. Oh, 1 don't know, sir. You would have 17 A. Correct. 17 to ask a nutritionist or a toxicologist. 18 Q. Do you know what the difference is 18 This is the concentration in the fat. 19 between the wet weight and the lipid 19 How much fat is in the whole fish, 1 20 categories? 20 don't know. So -- And at the same time, 21 A. I'll give you my understanding. 21 even if 1 did know, 1 wouldn't know 22 Q. Great. 22 what, if anything, would happen if they 23 A. The wet weight is the sample as 23 ate it. Papageorge, William P.E. Vol I (fmr Anniston Mgr) in MARS HILL (former Monsanto Employee) Pages 73 - 76 HARTOLDMON0034401 Page 77 Page 79 1 Q. Okay. Do you know, sir, today, what the 1 functional fluids that were part of the 2 maximum amount of PCBs allowed in fish 2 business group that he was responsible 3 is? 3 for? 4 A. Today? 1 haven't kept up to date on 4 A. That is correct. 5 today's levels. At one time 1 remember 5 Q. Okay. For the record, this document 6 it was five parts per million. 6 bears Bate's number MONS 033851 through 7 Q. That's the last that you recall? 7 033854. 8 A. Yes. 8 A. 1 have scanned the exhibit. 9 Q. Was the information in this memorandum 9 Q. Thank you. What were Mr. Bergen's 10 ever conveyed to Monsanto's customers? 10 responsibilities as the director of the 11 A. No. 11 functional fluids of the business 12 Q. Okay. The -- I'm sorry. You may want 12 group -- director of functional fluids 13 to give it back to him for a second. 13 business group, 1 should say. 14 I'm sorry. 14 A. He was the individual responsible for 15 The top of the document -- 15 managing that group and make certain 16 Actually withdrawn. Withdrawn. That's 16 that all of its activities resulted in 17 okay. 17 an acceptable performance, whether it be 18 And the information in that 18 environmental concerns or profit 19 memorandum was never conveyed to the 19 concerns or public relations or -- 20 residents of Anniston either; is that 20 Q. Everything? 21 correct? 21 A. Everything. The buck stopped there 22 A. Not to my knowledge. 22 insofar as the functional fluids 23 Q. We will mark this as Plaintiffs' Exhibit 23 business was concerned. Page 78 Page 80 1 Number Nine. 1 Q. And you received a copy of this memo, 2 (Plaintiffs' Exhibit Number 2 correct? 3 Nine was marked for 3 A. Yes. 4 identification.) 4 Q. You will note that it says at the top of 5 Q. For identification, while you are 5 the memo, "Confidential, for your 6 looking at it, 1 will just identify it 6 information, and destroy." Do you see 7 for the record. This is a memorandum 7 that? 8 written by Mr. Hodges to Mr. H. S. 8 A. 1 do. 9 Bergen, Jr., dated August 7th, 1970. 9 Q. Who determined that this memo should be 10 And 1 note that you are a -- you were 10 treated as confidential, for your 11 apparently a recipient of this document. 11 information, and destroy? 12 Is that correct? 12 A. As 1 indicated earlier, it's a 13 A. That is correct. 13 judgmental call on the part of the 14 Q. Do you recall seeing this document 14 author. 15 before? 15 Q. So that would have been Mr. Hodges? 16 A. Yes, as 1 read it, 1 recall it, yes. 16 A. Yes. 17 Q. Who was Mr. Bergen? 17 Q. Do you know why this memo was given that 18 A. Mr. Bergen was the director of the 18 designation by Mr. Hodges? 19 functional fluids business group in the 19 A. No. 1 can't speak for Mr. Hodges. 20 organic chemicals division of Monsanto 20 Q. Fair enough. The first sentence of the 21 Company. 21 memo says, "Following are the moves 22 Q. And PCBs would have fallen under his 22 underway resulting from the FDA findings 23 jurisdiction or been among the 23 of high levels of PCB in fish taken from Papageorge, William P.E. Vol I (fmr Anniston Mgr) in MARS HILL (former Monsanto Employee) Pages 77 - 80 HARTOLDMON0034402 Page 81 Page 83 1 Choccolocco Creek downstream from its 1 Q. Okay. Do you know who at Monsanto 2 confluence with Snow Creek." Do you see 2 discussed with Mr. Crockett his handling 3 that? 3 the problem quietly without release of 4 A. 1 do. 4 the information to the public? 5 Q. Do you recall what the FDA's findings 5 A. I'm not under any impression that it was 6 were? 6 discussed. There was a request on 7 A. 1 recall an incident where FDA 7 Mr. Crockett's part to Monsanto people 8 representatives out of Atlanta, Georgia, 8 to handle data in this manner. And when 9 reported the findings of PCBs in some 9 you say who, it's this group that met 10 fish that were taken. 1 don't recall 10 with Mr. Crockett and the federal FDA 11 too many of the other details. 1 do 11 people in Atlanta, as 1 recall, when 12 recall that a group from the Anniston 12 this matter came up. 13 plant went to the FDA offices to discuss 13 Q. And your recollection --1 don't want to 14 this matter. 1 don't recall the exact 14 put words in your mouth. But your 15 timing. 15 recollection is it was Mr. Crockett's 16 Q. Okay. Were you a part of that group? 16 desire and request of Monsanto that the 17 A. No. 17 problem be handled without releasing the 18 Q. Do you know -- When it says it is 18 information to the public; is that 19 referring to the FDA's findings, you 19 correct? 20 don't recall when the findings were 20 A. That is true, yes. 21 made, do you? 21 MR. ATKIN: 1 think we are going 22 A. As best 1 can come up with is late 22 to have to switch tapes. 23 spring, early summer 1970. 23 THE VIDEOGRAPHER: The time is Page 82 Page 84 1 Q. The first item under status states, "We 1 three thirty-one p.m., and we 2 are presently discharging to Snow Creek 2 are off record to change 3 about sixteen pounds a day of PCBs." Do 3 tapes. 4 you see that? 4 (A break was taken.) 5 A. 1 do. 5 THE VIDEOGRAPHER: The time is 6 Q. Were you aware that as of August 1970 6 three forty-two, and this is 7 Monsanto was discharging sixteen pounds 7 the beginning of tape two. 8 per day of PCBs to Snow Creek? 8 Q. We are back on the record, 9 A. 1 was certainly made aware by the plant 9 Mr. Papageorge, and we were discussing, 10 reports, yes. 10 1 believe, Papageorge Nine, is it? 11 Q. The third paragraph states, "Joe 11 A. Yes. 12 Crockett, secretary of the Alabama Water 12 Q. Papageorge Nine. Had Monsanto had prior 13 Improvement Commission, will try to 13 dealings with Mr. Crockett before this, 14 handle the problem quietly, without 14 before this memorandum? 15 release of the information to the public 15 A. Oh, yes, many. 16 at this time." Do you see that? 16 Q. Concerning what? 17 A. 1 do. 17 A. Findings of PCBs in water and sediment 18 Q. Did Monsanto request that Mr. Crockett 18 samples and also sharing with him data 19 try to handle the problem quietly, 19 on how we made PCBs. We shared with him 20 without releasing the information 20 diagrams, charts. 21 regarding the high levels of PCBs in 21 Q. Do you recall when you first had 22 fish from Choccolocco Creek? 22 dealings with Mr. Crockett on a PCB 23 A. I'm certain they did not. 23 issue? Papageorge, William P.E. Vol I (fmr Anniston Mgr) in MARS HILL (former Monsanto Employee) Pages 81 - 84 HARTOLDMON0034403 Page 85 Page 87 1 A. The best 1 can do is early 1970. 1 And let me just identify it for 2 Q. Okay. Did you review this document with 2 the record. It is a September 8th, 3 Monsanto's attorneys when you were 3 1970, memorandum from W. B. Papageorge, 4 consulting on getting ready for this 4 St. Louis, to numerous people, beginning 5 deposition? 5 with Cameron, C-a-m-e-r-o-n. It bears 6 A. This Exhibit Nine? 6 Bate's number DSW 013975 through DSW 7 Q. Yes. 7 013987. If 1 could get- 8 A. No. 8 (Plaintiffs' Exhibit Number 9 Q. The last sentence of that first 9 Ten was marked for 10 paragraph, on the first page, says, "Dr. 10 identification.) 11 Myers, Director of Public Health of 11 Q. Before 1 ask you something about the 12 Alabama, wants toxicity information on 12 document, the list of people you sent 13 PCBs, and this will be conveyed 13 this document, who is P. S. Park? 14 personally to him by Jack Garrett next 14 A. He used to be one of Monsanto's 15 week." Do you see that? 15 attorneys. 16 A. 1 do. 16 Q. Was he the head of the legal department? 17 Q. And Mr. Garrett, you told us, was 17 A. No. 18 involved in Monsanto's medical 18 Q. Was he the attorney who worked on the 19 department; is that right? 19 PCB matter? 20 A. Yes, that is correct. 20 A. As part of his assignment, yes. 21 Q. Do you know if he ever conveyed the 21 Q. Okay. If 1 could direct your attention 22 information that was requested, the 22 to page nine of the memorandum bearing 23 toxicity information that was requested 23 Bate's number DSW 013983. Page 86 Page 88 1 by Dr. Myers? 1 A. 1 have page nine. 2 A. He did, yes. 2 Q. This discusses Anniston. And it 3 Q. Did he convey it personally? 3 reflects that in August 1970 the Aroclor 4 A. Yes. 4 losses in the plant effluent increased 5 Q. Page four of that document, the last 5 to a level of seven thousand two hundred 6 page, talks about fish, mud, and water 6 eighty parts per billion, equal to 7 sampling. And it states, "Since our 7 eighty-eight pounds per day; is that 8 fish samples from nearby Choccolocco 8 correct? 9 Creek also showed high levels of PCBs, 9 A. Yeah. 1 found that in the second 10 we are instituting more samplings to 10 paragraph, yes. 11 determine the extent of the problem." 11 Q. Okay. That's all 1 have on that. 12 Do you see that? 12 We are going to mark for 13 A. 1 do. 13 identification as Papageorge Eleven a 14 Q. Was that ever done? 14 memorandum dated September 15th, 1970, 15 A. Certainly. 15 to Mr. Wright from Dr. Tucker. The 16 Q. When was it done? 16 recipients are Papageorge, Wheeler, 17 A. Following the date of this memo, on into 17 slash, Garrett, Keller, and Hodges. 18 '71. 18 (Plaintiffs' Exhibit Number 19 Q. Okay. Do you know what the results 19 Eleven was marked for 20 were? 20 identification.) 21 A. 1 don't remember them offhand, sir. 21 Q. 1 will ask you to take a look at it, if 22 Q. That's fine. Okay. We are done with 22 you could. 23 Papageorge Nine. 23 A. 1 have scanned the exhibit. Papageorge, William P.E. Vol I (fmr Anniston Mgr) in MARS HILL (former Monsanto Employee) Pages 85 - 88 HARTOLDMON0034404 Page 89 Page 91 1 Q. Thank you. This document -- The subject 1 A. Mr. Bell was at the Anniston plant in 2 of this document is fish samples from 2 part of the analytical laboratory, and 3 the Coosa River, Choccolocco Creek 3 I'm trying to recall. At some point in 4 collected 8-9-70, correct? 4 time he was closely related with Mr. 5 A. Correct. 5 E. G. Wright in terms of supervision and 6 Q. And this reflects that fish samples 6 activity monitoring. 7 taken in February 1970 -- no -- 7 Q. Okay. This memo is marked confidential, 8 collected in August 1970 were as high as 8 correct? 9 thirty-three point six parts per million 9 A. That's what it shows, yes, sir. 10 for Aroclor 1248 and sixty-four point oh 10 Q. The first sentence states, "In reviewing 11 parts per million for Aroclor 1254; is 11 your proposed letter to Joe Crockett 12 that correct? 12 with legal, et al., we requested latest 13 A. You are referring to the highest number 13 emissions data on flow to Snow Creek." 14 for each type of Aroclor? 14 Do you know what letter he is 15 Q. Yes. 15 referring to? 16 A. Well, they are on the page, yes, sir. 16 A. 1 don't recall any draft of any proposed 17 Q. Okay. And in fact, the thirty-three 17 letter. 1 just don't recall that. 18 point six parts per million of Aroclor 18 Q. Do you know why --1 know you don't 19 1248 was for a sample of catfish ten 19 recall the letter, but do you know why a 20 miles upstream from Choccolocco; isn't 20 proposed letter to Mr. Crockett would be 21 that right? 21 reviewed with legal? 22 A. That's what it indicates, yes, sir. 22 A. Again, this is an example of the 23 (Plaintiffs' Exhibit Number 23 author's perceptions and his judgment Page 90 Page 92 1 Twelve was marked for 1 regarding what is confidential and what 2 identification.) 2 isn't. 3 MR. PECK: It looks like it should 3 Q. Okay. Do you know who the et al. is 4 only be one document. 4 referring to when it says, "In reviewing 5 MR. ATKIN: Yes. Thank you. 5 your proposed letter to Mr. Crockett 6 Q. This document, while you're looking at 6 with legal, et al."? 7 it is, for identification, a September 7 A. 1 would be guessing. 8 18th, 1970 memo from Paul Hodges to Toby 8 Q. 1 don't want you to guess. 9 Bell, Anniston, with seven recipients, 9 Was it customary for Monsanto's 10 Mr. Papageorge being one of them. 10 management to review proposed letters 11 A. 1 have read the exhibit. 11 regarding PCBs to government officials 12 Q. Okay. Who was Mr. Savage? 12 with the legal department? 13 A. Mr. Savage was the member of the organic 13 A. Not customary, no. Again, it depended 14 chemical division's manufacturing group 14 on the person putting it together and 15 who was assigned the Anniston plant as 15 whether he felt he ought to consult with 16 some of his responsibilities. 16 anyone or do it on his own. 17 Q. Okay. Who was Mr. Hosmer? 17 Q. Okay. Mr. Hodges says, "We had hoped 18 A. Mr. Hosmer was Mr. Savage's supervisor. 18 that it" -- This is referring to the 19 He was the head of that group. 19 latest emissions data on the flow to 20 Q. Okay. 20 Snow Creek. "We had hoped that it might 21 A. Which also included the author, 21 show an improvement over the first week 22 Mr. Hodges. 22 in September and thus demonstrate a 23 Q. Okay. Who was Mr. Bell? 23 favorable trend to Crockett. Instead, Papageorge, William P.E. Vol I (fmr Anniston Mgr) in MARS HILL (former Monsanto Employee) Pages 89 - 92 HARTOLDMON0034405 Page 93 Page 95 1 the emissions are considerably 1 A. No, 1 didn't. 1 believe 1 had 2 increased, with 9-13-70 at six point two 2 discussions, but they were related to 3 five parts per million, or about eighty 3 sampling and analytical methodology, 4 pounds of PCBs for the day." Do you see 4 which always resulted in different 5 that? 5 numbers every time. It was difficult to 6 A. 1 do. 6 pinpoint the numbers. 7 Q. That level was considerably above what 7 Q. Is it fair to say, sir, that Monsanto 8 Monsanto had targeted by September 1970; 8 had a lack of control over the PCB 9 isn't that right? 9 problem throughout the history of the 10 A. That is correct. 10 Anniston plant? 11 Q. Okay. In the next sentence Hodges says, 11 A. Lack of control, no, sir. We did a 12 "From the legal standpoint, there is 12 better job than any industry has ever 13 extreme reluctance to report even the 13 done with any chemical. 14 relatively low emission figures because 14 Q. Okay. Let's mark this for 15 the information could be subpoenaed and 15 identification as Papageorge Thirteen. 16 used against us in legal actions." 16 For identification purposes, this 17 Do you know, sir, if Monsanto in 17 is a one-page memo or letter from 18 fact reported the September 1970 PCB 18 Mr. Foresman, F-o-r-e-s-m-a-n, to 19 emissions data for Snow Creek to 19 Mr. Engman, with multiple recipients, 20 Mr. Crockett? 20 including Mr. Papageorge. 21 A. Well, eventually it was. But 1 don't 21 (Plaintiffs' Exhibit Number 22 know the date. 22 Thirteen was marked for 23 Q. What do you mean by eventually? How 23 identification.) Page 94 Page 96 1 long after this memo was written? 1 Q. Do you see that? 2 A. Within a few weeks, a month, before the 2 A. 1 do, yes. 3 end of the year. 3 Q. This memo discusses air sampling that 4 Q. You remember that? 4 was done at the Krummrich Plant; is that 5 A. Yes. There is continuing dialogue. 5 correct? 6 Q. Okay. To your knowledge, 6 A. It relates to air sampling, proposed air 7 Mr. Papageorge, did Monsanto ever 7 sampling program at the plant. 8 withhold information regarding PCB 8 Q. At the Krummrich plant? 9 emissions data from any governmental 9 A. The Krummrich plant, yes. 10 agency? 10 Q. Were air samplings ever done at the 11 A. No, sir, not to my knowledge. 11 Anniston plant? 12 Q. Mr. Hodges states -- goes on to state, 12 A. Yes. 13 "Obviously, having to report these gross 13 Q. Okay. When? 14 losses multiplies enormously our 14 A. We took some samples, as 1 remember, in 15 problems because the figures would 15 1970. 16 appear to indicate lack of control." Do 16 Q. Okay. Do you know how many samples you 17 you see that? 17 took? 18 A. 1 do see it. 18 A. 1 don't remember now. We took enough to 19 Q. Did you ever have any discussions with 19 assure ourselves that the releases were 20 Mr. Hodges or Mr. Bell about the fact 20 below the acceptable for the worker who 21 that the PCB losses to Snow Creek appear 21 is right on top of the fuming tank, so 22 to indicate lack of control by Monsanto 22 to speak. And then the air program, the 23 to the PCB problems? 23 technology for developing the sampling Papageorge, William P.E. Vol I (fmr Anniston Mgr) in MARS HILL (former Monsanto Employee) Pages 93 - 96 HARTOLDMON0034406 Page 97 Page 99 1 of air was transferred to the Krummrich 1 report, correct? 2 plant to develop the technology. And 2 A. That's what it indicates. 3 then the intent was to share that 3 Q. Okay. Who was Mr. V. R. Haupt? 4 technology with anybody, including the 4 A. He was a member of the Anniston plant's 5 Anniston plant. 5 technical services department and headed 6 Q. Okay. You say that the samples were 6 up one of the engineering sections. 7 done in 1970 to the best of your 7 Q. Okay. And what were his 8 recollection, correct? 8 responsibilities? 9 A. Some sampling was done at the Anniston 9 A. They included the supplying of any 10 plant, yes. 10 technical information relating to 11 Q. And were there any samples done at the 11 modifying equipment, purchasing new 12 Anniston plant after 1970? 12 equipment, preparing projects for 13 A. I'm hesitating because the unit was shut 13 approval of funds to do these 14 down in '71. 14 engineering types of activities. 15 Q. Which unit? 15 Q. Okay. Do you know why Mr. Haupt 16 A. The PCB unit in Anniston was shut down 16 designated this report as confidential, 17 in'71. 1 think it was about the middle 17 read and destroy? 18 of the year. So the technology that was 18 A. Again, author's judgment. 19 developed at Krummrich did not get a 19 Q. Did you destroy the memo after reading 20 chance to be implemented at Anniston 20 it? 21 before the unit shut down. 21 A. Who? 22 Q. Okay. Do you know if air samples were 22 Q. You. You did receive it, didn't you? 23 ever done in Anniston, outside the 23 A. Yes. 1 didn't destroy it. Page 98 Page 100 1 plant? 1 Q. Did Monsanto have a policy at that time, 2 A. No. Because the samples taken right 2 in October 1970, about destroying 3 near the source of the PCBs showed us 3 documents that were generated 4 that safe levels were there, and we 4 internally? 5 couldn't imagine that they would be any 5 A. They had a records retention program, 6 worse at a distance from the plant. 6 based on some parameters, on how long to 7 Q. Okay. So the answer is no? 7 keep certain kinds of documents. 1 8 A. That is correct. 8 don't know if that's what you are 9 (Plaintiffs' Exhibit Number 9 referring to. There was a booklet 10 Fourteen was marked for 10 issued to employees that was supposed to 11 identification.) 11 guide them as to how long you keep 12 MR. ATKIN: Is that Papageorge 12 files. 13 Fourteen? 13 Q. Okay. And do you recall reading that 14 MR. PECK: Uh-huh (indicating 14 booklet? 15 yes). 15 A. Oh, yes. 16 Q. For the record, for identification 16 Q. Did that booklet have a policy in it 17 purposes, Papageorge Fourteen, is a 17 regarding retention of documents that 18 monthly report from the technical 18 had been labeled "read and destroy"? 19 services department for October 1970, 19 A. 1 don't recall such guidance, no. 20 bearing Bate's number DSW 013900 and DSW 20 Q. In this report, in the first paragraph, 21 013901. 21 Mr. Haupt reports that there were four 22 A. 1 have scanned the exhibit. 22 high daily values of the PCB levels in 23 Q. Thank you. You received a copy of this 23 the sewer of the Anniston plant, from Papageorge, William P.E. Vol I (fmr Anniston Mgr) in MARS HILL (former Monsanto Employee) Pages 97-100 HARTOLDMON0034407 1 2 3 A. 4 Q. 5 6 7 A. 8 9 10 11 12 13 A. 14 Q. 15 16 17 18 A. 19 Q. 20 21 A. 22 Q. 23 Page 101 one thousand to four thousand parts per billion. Do you see that? 1 see it. Do you recall having any discussions with anybody at Monsanto about this memo? Not any more than the normal discussions 1 have with most memos. Nothing stands out here in my memory. (Plaintiffs' Exhibit Number Fifteen was marked for identification.) 1 have reviewed the document. Okay. This is Papageorge Fifteen -thank you -- for identification. And it is a memorandum dated October 7th, 1970, apparently written by Mr. Savage. That is correct. And directed to your attention; is that correct? Correct. And this discusses the September 1970 PCB levels in Snow Creek from losses 1 Q. 2 3 A. 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 Page 103 What is the target they were shooting for? As 1 remember, we were all shooting for ten parts per billion based on the ability of the analytical technology to detect that with confidence. It is not based on any other consideration, only the ability to measure and believe the number when you got it. MR. ATKIN: Okay. Okay. WhyIt is all right. It is only one page. Adam, could we just get copies of these two documents, if we could? Thank you. That will make it easier for everybody. MR. PECK: Off the record. MR. ATKIN: Off the record. (Discussion held off record.) (Plaintiffs' Exhibit Number Sixteen was marked for identification.) Page 102 Page 104 1 from the Anniston plant; is that 1 Q. Mr. Papageorge, 1 show you a document, 2 correct? 2 one page, bearing Bate's number DSW 3 A. That is one of the subjects, yes. 3 014091. This is a document to W. F. 4 Q. And it reports that the average PCB loss 4 Taffee from E. G. Wright. Mr. Wright 5 for the month of September 1970 was high 5 you have already told us about. Who was 6 at twenty-six hundred parts per billion 6 Mr. Taffee? 7 or thirty-two pounds a day. Do you see 7 A. Mr. Taffee was a member of the technical 8 that? 8 services department at the Anniston, 9 A. 1 do. 9 Alabama plant, to whom Mr. E. G. Wright 10 Q. And it reflects that the PCB levels in 10 reported. 11 Snow Creek were still very high in 11 Q. Okay. Have you ever seen this memo 12 September 1970, doesn't it? 12 before? 1 note that you are not a 13 A. Well, this is the author's comparison of 13 recipient. 14 the finding of twenty-six hundred parts 14 A. 1 don't recall this memo, but 1 recall 15 per billion, with some target that was 15 the information that it contains. 16 lower than that that they were shooting 16 Q. Okay. Towards the middle of the memo - 17 for. So this is where the description 17 this is probably the information you are 18 "high" comes from. 18 referring to - Mr. Wright says, 19 Q. That is the author's description? That 19 "Several samples have been collected 20 is Mr. Savage's description? 20 from the ditch upstream from the sump." 21 A. Certainly it's his, but it's based on 21 And it gives the results which show that 22 what the plant and Mr. Savage had all 22 there were sixty-four thousand eight 23 agreed in shooting for a target. 23 hundred parts per billion of PCBs, 1242 Papageorge, William P.E. Vol I (fmr Anniston Mgr) in MARS HILL (former Monsanto Employee) Pages 101 -104 HARTOLDMON0034408 Page 105 Page 107 1 only, on October 15th, 1970; thirty-five 1 biphenyls and Aroclors that were 2 thousand parts per billion of 1242, 2 chlorinated terphenyls. 3 only, on October 21st; and twenty-eight 3 Q. Okay. 4 hundred parts per billion of 1242, only, 4 A. And the idea was to communicate with the 5 on October 22nd. Correct? 5 Alabama authorities the chlorinated 6 A. Yes. 6 biphenyls, not to confuse the picture 7 Q. Do you know what ditch it is referring 7 with this other line of products. 8 to? 8 Q. I'm talking within the chlorinated 9 A. This is a newly constructed ditch at the 9 biphenyl group. Do you recall seeing 10 landfill designed to collect rainwater, 10 any memoranda, letters, anything, or 11 surface water. And not only was it 11 having any discussions with anyone 12 designed to collect, but it also gave an 12 regarding the reporting of only certain 13 opportunity to grab samples and see how 13 Aroclors within that group to the 14 well this ditch with the sump was 14 Alabama Water Improvement Commission? 15 working to keep the PCBs from going 15 A. 1 remember the distinction made between 16 anywhere. 16 the polychlorinated biphenyls and the 17 Q. Okay. And it reflects that the samples 17 monochlorinated biphenyls. Is that what 18 taken on October 15th and October 21st 18 you have in mind? 19 from the ditch contained visible PCBs; 19 There was one of the -- Aroclor 20 is that correct? 20 1221 is a -- strictly speaking, a 21 A. That's what it says. Apparently they 21 monochlor biphenyl. It doesn't really 22 saw something other than crystal clear 22 fit under a PCB category. 23 water. 23 Q. Okay. Page 106 Page 108 1 Q. Okay. That's all 1 have on that. 1 A. 1 remember some reference to that kind 2 Did there come a point in time, 2 of distinction. 1 don't know if that is 3 Mr. Papageorge, that Monsanto began 3 what you had in mind or not. 4 reporting daily -- daily PCB losses to 4 Q. Okay. Let me hand you a document that 5 the Alabama Water Improvement 5 we will mark for identification as 6 Commission? 6 Plaintiffs' Exhibit Seventeen, a 7 A. Yes. 7 one-page memorandum to yourself from 8 Q. Do you recall when that was? 8 Mr. Mason dated October 1st, 1970, 9 A. Starting at about the time of these 9 bearing Bate's number MONS 098219. 10 memos, the middle to latter part of 10 Okay? 11 1970. 11 (Plaintiffs' Exhibit Number 12 Q. And what Aroclor losses were reported, 12 Seventeen was marked for 13 for which Aroclors? 13 identification.) 14 A. Any that the analysts detected. 14 A. Yes. 15 Q. Okay. Do you recall seeing any 15 Q. I'm sorry. 1 should look up every once 16 memoranda, internal memoranda, stating 16 in a while. Who is Mr. Mason? 17 that Monsanto would only report certain 17 A. Mr. Mason was an assistant general 18 Aroclors to the Alabama Water 18 manager in the organic -- I'm sorry -- 19 Improvement Commission? 19 in the -- at that time -- I'm trying to 20 A. The only memo of that type or only 20 remember. There were so many company 21 incident of that type that 1 recall was 21 reorganizations. 22 the attempt to clarify the difference 22 He was an assistant general 23 between Aroclors that were chlorinated 23 manager in the Monsanto Industrial Papageorge, William P.E. Vol I (fmr Anniston Mgr) in MARS HILL (former Monsanto Employee) Pages 105-108 HARTOLDMON0034409 Page 109 Page 111 1 Chemicals Company. 1 Q. What was your idea? 2 Q. Okay. This memo discusses the problem 2 A. My idea was that the fish obviously were 3 of PCB contaminated fish at Anniston, 3 in an environment, in a situation where 4 correct? 4 PCBs were present, and it was found in 5 A. Yes, it does. 5 their tissues because they consumed it. 6 Q. And in the second paragraph, Mr. Mason 6 Q. Okay. Did you ever consider the 7 states, "1 think it would be useful if 7 landfill as a source of the PCBs that 8 you and 1 could tour Anniston to discuss 8 the fish had consumed? 9 the subject in more detail, both with 9 A. No. 1 found that very difficult, to 10 our consultants and with the plant 10 look at that landfill and associate that 11 personnel involved." 11 with the places these fish were taken. 12 Do you recall touring the Anniston 12 Just --1 couldn't do it. 1 didn't have 13 plant with Mr. Mason to discuss the 13 any information to help me there. 14 problem? 14 Q. Okay. Just so that --1 think we 15 A. Yes, 1 do, very much. 15 covered this already, but 1 just want to 16 Q. Okay. Who are the consultants he is 16 make sure I'm absolutely clear on this. 17 referring to? 17 Monsanto never took air samples -- 18 A. I'm trying to remember their names at 18 PCB levels from the air anywhere outside 19 the time. We had some fish experts, I'm 19 the Anniston plant; is that correct? 20 going to call them, ethologists from 20 A. That is correct. 21 Tulane University helping us. 21 Q. This is Eighteen. 22 Q. Do you recall their names? 22 While Mr. Peck is putting the 23 A. Suttkus and Gunning, if my memory serves 23 designation on, let me just for the Page 110 Page 112 1 me right, Gunning and Suttkus. 1 record indicate this is a two-page 2 Q. In the first paragraph of this 2 document bearing Bate's number DSW 3 memorandum, Mr. Mason says that, "He 3 013117 through 013118. 4 thought it would be useful if we obtain 4 Apparently the first page is a 5 additional information on the exact 5 cover slip from the desk of 6 location of PCB deposits and have a 6 Mr. Papageorge, dated 12-8-1970, and the 7 better idea of where the fish are 7 letter underneath is dated December 7th, 8 picking up this material." Do you see 8 1970. 9 that? 9 (Plaintiffs' Exhibit Number 10 A. Yes, 1 do. 10 Eighteen was marked for 11 Q. Did you ever provide Mr. Mason with the 11 identification.) 12 information on the exact location of PCB 12 Q. This is a memorandum addressed and 13 deposits? 13 written by Mr. Papageorge; is that 14 A. We thought we were, but Mr. Mason needed 14 correct? 15 some more touring, and this was his way 15 A. Correct. 16 of getting personally exposed to the 16 Q. To Mr. Savage? 17 site and the situation. 17 A. Correct. 18 Q. Okay. Did you ever get a better idea of 18 Q. Okay. In this memorandum you state tha 19 where the fish were picking up the PCBs, 19 one of the important objectives of the 20 as discussed in this paragraph? 20 PCB control program was to control the 21 A. 1 don't think 1 personally got a better 21 losses of PCBs in Monsanto's plant 22 idea. It may be that Mr. Mason did. 1 22 through the waste water effluent to 23 can't evaluate that. 23 fifty parts per billion by January 1st, Papageorge, William P.E. Vol I (fmr Anniston Mgr) in MARS HILL (former Monsanto Employee) Pages 109-112 HARTOLDMON0034410 Page 113 Page 115 1 1971, and ten parts per billion by 1 greater than the targeted level for 2 September 1 st, 1971, but that in 2 January 1971; isn't that right? 3 November 1971 Anniston had fourteen 3 A. That is correct. 4 hundred and ten parts per billion in its 4 Q. By the way, did Monsanto ever set a 5 waste water effluent, correct? 5 specific target for the quantity of PCBs 6 A. That's correct. 6 that would be tolerated in the plant in 7 Q. So two months after the date Monsanto 7 the ambient air, atmospheric 8 had targeted to get the PCB levels in 8 concentration of PCBs? 9 the plant's waste water down to ten 9 A. Monsanto didn't set that. The American 10 parts per billion, the plant was in fact 10 Conference of Industrial --1 mean of 11 experiencing PCB losses of one hundred 11 Governmental Industrial Hygienists set 12 and forty times greater than the 12 the standard for the amount of PCB 13 targeted amount. Isn't that correct? 13 vapors in the air that a person should 14 A. No, sir. That ten parts per billion was 14 be exposed to during his normal 15 targeted for 1971. This is referring to 15 eight-hour working day, five days a 16 November 1970. 16 week, for a lifetime of exposure. 17 Q. I'm sorry. Excuse me. Also you say -- 17 Q. Do you recall what that level was in or 18 You also say, "Because of the 18 about January 1971? 19 seriousness of the PCB problem, this 19 A. For the PCB that represented Aroclor 20 level of performance cannot be allowed 20 1242, it was one milligram per cubic 21 to continue." What did you mean by the 21 foot of air. 22 seriousness of the PCB problem? 22 Q. Okay. 23 A. Its presence in places that we never 23 A. And for the PCB that was a similar to Page 114 Page 116 1 suspected was perceived to be 1 Aroclor 1254 -- 2 unacceptable, and we were trying to 2 Q. What do you mean by similar to 1254? 3 reduce the opportunity for PCBs to get 3 A. Chemically it contains those types of 4 there in the future. 4 PCBs that are in this commercial mixture 5 Q. Okay. 1 hand you what will be marked as 5 which Monsanto called Aroclor 1254. 6 Papageorge Exhibit Number Nineteen. Fo 6 Q. Thank you. 7 identification purposes, this is the 7 A. The vapor for such a mixture was limited 8 summary of the January 1971 technical 8 by this group of industrial hygienists. 9 services department monthly report, 9 Q. By the HCGIH? 10 bearing Bate's number DSW 013907 and 10 A. HCGIH, to a half of a milligram per 11 013908. 11 cubic meter of air. 1 believe that's 12 (Plaintiffs' Exhibit Number 12 the standard that exists today. 13 Nineteen was marked for 13 MR. PECK: Just for clarification, 14 identification.) 14 1 first heard you on 1242 -- 15 Q. Have you had a chance to look at that? 15 you said one milligram per 16 A. Yes, 1 have. 16 cubic foot of air. 17 Q. This memo reflects -- This monthly 17 THE WITNESS: I'm sorry. Cubic 18 report reflects that in January 1971 18 meter. 19 Aroclor losses were three hundred seven 19 MR. PECK: In the second you said 20 parts per billion or one point eight 20 point five per cubic meter. 21 pounds per day, correct? 21 THE WITNESS: All of the units are 22 A. Yes. 22 in metrics. So it's 23 Q. Okay. And that was still six times 23 milligrams and meters. Papageorge, William P.E. Vol I (fmr Anniston Mgr) in MARS HILL (former Monsanto Employee) Pages 113-116 HARTOLDMON0034411 Page 117 Page 119 1 MR. ATKIN: Thank you for 1 sources can be economically 2 clarifying that. 2 impractical." Do you see that? 3 Q. We will mark for identification 3 A. 1 do. 4 purposes, as Exhibit Twenty to your 4 Q. What did you mean by that? 5 deposition, a document bearing Bate's 5 A. 1 was theorizing in a way what kinds of 6 number MONS 098414, dated January 29th, 6 technology could be applied to extract 7 1971. It appears to be a memorandum 7 the PCBs in soil. And with my quick, 8 from Mr. Papageorge to Mr. Savage, with 8 off the top of head kind of study, 1 9 several recipients. 9 visualized that this could be a 10 (Plaintiffs' Exhibit Number 10 monstrous task in terms of equipment and 11 Twenty was marked for 11 successful achievement. So 1 quickly 12 identification.) 12 extrapolated that into an economic kind 13 A. 1 have read the exhibit. 13 of thought, and 1 was hoping that by 14 Q. Okay. By January 1971, you had 14 getting others involved we could get 15 concluded that high levels of PCBs would 15 perhaps a different perspective that 16 continue to exist in the plant waste 16 could still get to the solution without 17 streams because of the PCBs trapped in 17 my high costs estimates, which were, as 18 the soil and the sewer system, correct? 18 1 said earlier, not based on any 19 A. That is correct. 19 highfalutin calculations or science. It 20 Q. Okay. What did you mean when you said 20 was just a gut feel 1 had that this 21 that high levels would continue because 21 could be a monster. 22 of the PCBs trapped in the soil? 22 Q. Okay. You also concluded that the PCB 23 A. What 1 had in mind was the fact that 23 contamination in the plant was so Page 118 Page 120 1 PCBs tenaciously hang onto soil 1 widespread that all of the plant's 2 particles like little magnets. And 2 effluents must be treated; is that 3 since they aren't destructible in the 3 correct? 4 environment, they will be there forever, 4 A. Yes. 5 such that any time a water flow occurs 5 Q. And that this would result in a system 6 in this soil, the chances of that soil, 6 more complex and costly than anyone had 7 with its PCB being transported, will 7 anticipated, correct? 8 remain. And later if a sample of that 8 A. Yes. 9 contaminated water is taken, sure 9 Q. You also said the type treatment needed 10 enough, PCBs will be found in it. 10 approaches tertiary treatment -- that's 11 Q. Which soil were you referring to? 11 t-e-r-t-i-a-r-y -- which at Krummrich is 12 A. Well, this was soil in the plant where 12 scheduled for completion by 1973. 13 previous contamination had occurred, 13 What did you mean by tertiary 14 like an overflow of those neutralization 14 treatment? 15 pits, for example. 15 A. There was at the time a proposal made b> 16 Q. Okay. And what did you mean when you 16 the technical community in Monsanto, 17 said that the PCBs were trapped in the 17 which included researchers in the 18 soil? 18 engineering department, to subject any 19 A. It is another way of expressing my 19 contaminated soil to a three-step 20 magnetism the PCB has for surfaces, 20 process. That is where the word 21 clinging to them. 21 "tertiary" came from. 22 Q. In the last sentence of the second 22 1 at this point in time don't 23 paragraph you state, "Cleanup of these 23 recall all of the details. But it Papageorge, William P.E. Vol I (fmr Anniston Mgr) in MARS HILL (former Monsanto Employee) Pages 117-120 HARTOLDMON0034412 1 2 3 4 5 6 7 Q. 8 9 A. 10 Q. 11 A. 12 13 Q. 14 15 A. 16 17 18 19 20 21 Q. 22 23 Page 121 involved dissolvents to extract. It involved exposing it to a temperature to drive off PCBs. And 1 forget the third approach. Nevertheless, there was a plan to introduce this at the Krummrich plant. And was this in fact introduced at the Krummrich plant? No. Do you know why not? It was determined to be impractical, and the need was never established. When you say impractical, what do you mean by that? Do you mean economically? Economically impractical for the perceived benefits when the problem up front was never really determined, why do this, what is the harm. We never were able to pin that down. Presence is one thing; harm is totally different. Okay. You then propose that one pound per day of PCBs in the water effluent be achieved by September 1971 in Monsanto's 1 2 3 4 5 6 7 8 Q. 9 10 A. 11 Q. 12 A. 13 Q. 14 15 A. 16 Q. 17 18 A. 19 Q. 20 21 A. 22 23 Page 123 (The deposition was continued to April 1 at 9:00 a.m.) THE VIDEOGRAPHER: Beginning of tape three. THE COURT REPORTER: Mr. Papageorge, 1 will remind you you are still under oath. (By Mr. Atkin) Good morning, Mr. Papageorge. Good morning. How are you today? Fine. Yesterday you told us that you are now a self-employed consultant, correct? That is correct. Do you do work for Monsanto as a self-employed consultant? No. Okay. What type of work do you do as a self-employed consultant? It is generally of a technical nature involving engineering principles, some chemistry, and advising those with whom 1 2 3 A. 4 Q. 5 6 A. 7 8 9 Q. 10 A. 11 12 13 14 Q. 15 16 17 18 A. 19 20 21 22 23 Page 122 plants and one pound per day to the air 1 by the end of 1971, correct? 2 Correct. 3 Were those levels in fact achieved by 4 those dates? 5 Well, the Anniston plant, as you recall, 6 Q. was shut down. So the remaining 7 A. plant -- 8 Q. When was the Anniston plant shut down? 9 A. As best 1 remember, about May or so of 10 1971. Now, the Krummrich plant --They 11 did achieve it, but 1 don't recall the 12 Q. date anymore. 13 Okay. You based your proposal -- your 14 A. proposed levels on the fact that you 15 Q. believed that governmental agencies 16 A. might tolerate those levels, correct? 17 Yes. 18 MR. ATKIN: Okay. 19 Q. MR. PECK: Off the record just a 20 A. second. 21 MR. ATKIN: Sure. 22 (Discussion held off record.) 23 Page 124 1 am consulting to consider certain approaches, search for certain documents, supplying names of individuals who might be of further help. Okay. That type activity. Who do you consult for? Well, there are several here lately. A law firm, Smith, Helms, Mulliss and Moore. Is that in connection with the PCB litigation? Correct. Okay. Then 1 served as an expert witness, 1 believe is the terminology, for the Syntax Company on the west coast. What do they do? 1 don't propose to know everything they do. They are in pharmaceuticals, agricultural chemicals, and the like. And then 1 also did some Papageorge, William P.E. Vol I (fmr Anniston Mgr) in MARS HILL (former Monsanto Employee) Pages 121 -124 HARTOLDMON0034413 Page 125 Page 127 1 consulting for the Chrysler Corporation 1 Q. Okay. 2 as an expert witness. 2 A. 1 don't recall which company. 3 Q. In connection with what kind of 3 Q. But Syntax Company was one of the 4 litigation? 4 defendants in the case? 5 A. This involved the presence of PCBs in 5 A. Was the defendant. 6 waterways around the Will Run plant. 6 Q. The defendant. Okay. Where was that 7 And 1 don't know all the legal 7 case venued? 8 ramifications. It appears there was 8 A. By venue you mean -- 9 some dispute regarding who was 9 Q. Where was it, what jurisdiction? 10 responsible of the many operators in 10 A. San Francisco is as close as 1 can -- 11 that facility, in that area. 11 Q. Do you know if it was state court or 12 Q. The work you did for Syntax Company, was 12 federal court? 13 that also in connection with a PCB 13 A. 1 don't know that. 14 matter? 14 Q. How about the Chrysler Corporation 15 A. No. 15 matter? 16 Q. What kind of matter was that? 16 A. That was up in the Detroit, Michigan 17 A. Well, the issue was primarily one of the 17 area. 18 presence of dioxins generated at one of 18 Q. Do you know if that was state court or 19 their plants in Missouri. 19 federal court? 20 Q. Dioxins at a plant in Missouri? 20 A. 1 don't. 21 A. Yes. 21 Q. Do you know the name of the plaintiff in 22 Q. And what was the nature of your 22 that matter? 23 involvement in that case? 23 A. Some of them. 1 can't propose to recall 1 A. 2 3 4 5 Q. 6 7 A. 8 Q. 9 10 A. 11 12 Q. 13 14 A. 15 Q. 16 A. 17 Q. 18 A. 19 Q. 20 21 22 23 A. Page 126 1 was asked to give my opinions regarding the role of the plant manager in the operations of a chemical producing facility. Do you recall when you were involved in that case? 1994, 1995. Okay. And when did you do work as an expert witness for Chrysler Corporation? Chrysler Corporation was '96, as best 1 remember. Did you testify in either of those cases? In court? Did you give a deposition? Depositions, yes. In both cases? Yes. Okay. Do you know where the Syntax Company matter -- Well, first of all, do you know who the name of the plaintiff in that case was? It was an insurance company. 1 2 3 4 5 6 7 8 9 Q. 10 11 12 13 14 15 16 17 18 19 20 A. 21 Q. 22 A. 23 Page 128 all. As 1 remember, there was -General Motors was involved. Of course, Chrysler was a defendant -- Well, all of these were defendants: General Motors, Chrysler, the operator of the airport, the air field, the air terminal next to the operating facility. 1 just don't remember all the others. Okay. You say that you have done -Withdrawn. Other than the litigation -- the consulting work you did in connection with the litigation for Syntax Company and the consulting work you did in connection with the Chrysler Corporation matter in Detroit, Michigan, do you recall the names of any of the other companies that you have done consulting work for? No. There weren't any others. Those are the only two? Including the law firm 1 mentioned earlier. Papageorge, William P.E. Vol I (fmr Anniston Mgr) in MARS HILL (former Monsanto Employee) Pages 125-128 HARTOLDMON0034414 Page 129 Page 131 1 Q. How long have you done consulting 1 A. Yes. 2 work -- What firm was that? 2 Q. Okay. You haven't done work directly as 3 A. Smith, Helms, Mulliss, and Moore. 3 a consultant for Monsanto since you 4 Q. How long have you done consulting work 4 retired; is that correct? 5 for Smith, Helms? 5 A. That is correct. 6 A. The activity started in the middle of 6 Q. And you began as a consultant in 1987; 7 1987. 7 is that correct? 8 Q. What type of work have you done for 8 A. That's correct. 9 them? 9 Q. How much have you been paid per year in 10 A. It was primarily -- I'm going to use the 10 connection with your consulting work 11 word "tutorial approach." And in the 11 that you have provided to Smith, Helms? 12 earlier periods, in every case it 12 A. I'd suggest about one hundred thousand a 13 involved the introduction to attorneys 13 year. 14 who had no background regarding PCBs. 14 Q. Since 1987? 15 So 1 played the role of, in laymen's 15 A. Yes. 16 terminology, trying to get them familiar 16 Q. And how much have you charged -- or how 17 with the chemistry, the manufacturing 17 much did you receive in connection with 18 procedures, the uses of the materials, 18 the consulting work you did for Chrysler 19 why they were so used, and of course 19 Corporation? 20 some idea of Monsanto's role in the PCB 20 A. Two hundred fifty dollars an hour. 21 situation and my impressions regarding 21 Q. Any idea how many hours you put in on 22 the overseas producers. 22 that matter? 23 Q. What do you mean by the overseas 23 A. 1 don't recall the hours. As best 1 can Page 130 Page 132 1 producers? Who are you referring to? 1 remember, it's about thirty thousand 2 A. I'm referring to the PCB producers in 2 dollars total. 3 Europe and in Japan. 3 Q. Okay. 4 Q. Okay. Now, you say from -- that that 4 A. And that is a guess right now. 1 don't 5 was your involvement -- your time as a 5 have the numbers vividly in mind. 6 consultant with Smith, Helms was a 6 Q. Sure. And what about in connection with 7 tutorial approach at the beginning. Has 7 the Syntax Company matter? How much did 8 that changed over time? Has that role 8 you bill them for your services? 9 evolved at all? 9 A. A hundred and fifty dollars an hour. 10 A. It has evolved to a degree, primarily 10 Q. Any idea approximately how much the 11 because their attorneys now involved are 11 total bill was? 12 already pretty well tuned in on the 12 A. Approximately forty thousand. 13 situation. So my time spent in that 13 Q. Okay. You said you have received 14 kind of activity has been reduced. And 14 approximately one hundred thousand 15 now it revolves primarily around the 15 dollars a year for your consultation 16 recollection of activities and people 16 work in connection with Smith, Helms. 17 and documents that they're looking for 17 Has that been for every year from 1987 18 and can't seem to find or can't 18 to the present, approximately? 19 identify. And 1 try to help them with 19 A. 1 want to be sure 1 understand. Do you 20 what 1 can recall regarding those 20 mean per year or total for the ten years 21 questions. 21 or whatever? 22 Q. Still in connection with the PCB 22 Q. No. I'm saying per year. 23 litigation; is that right? 23 A. Yes. Papageorge, William P.E. Vol I (fmr Anniston Mgr) in MARS HILL (former Monsanto Employee) Pages 129-132 HARTOLDMON0034415 1 Q. 2 A. 3 Q. 4 5 A. 6 Q. 7 A. 8 Q. 9 A. 10 11 Q. 12 13 A. 14 Q. 15 A. 16 Q. 17 A. 18 19 20 21 Q. 22 23 A. Page 133 Do you get a pension from Monsanto? Yes. How much does that pension come to annually? Annually about sixty thousand. Do you own any Monsanto stock? Yes. How many shares do you have? I'm trying to recall. About eighteen thousand. Have you been given any options on the acquisition of Monsanto stock? At what point in time? At any point in time. Yes. Okay. Tell me when. Starting in -- when 1 became director, environmental operations -- that is 1977 --1 began to receive option opportunities on an annual basis. Okay. And did you exercise those options? Eventually. 1 A. 2 Q. 3 4 5 A. 6 7 Q. 8 A. 9 10 Q. 11 12 A. 13 Q. 14 A. 15 16 Q. 17 A. 18 19 20 Q. 21 A. 22 Q. 23 Page 135 No. Other than the pension you receive from Monsanto, are there any other benefits that you receive from Monsanto today? Medical insurance to back up my Medicare coverage. Okay. Anything else? There is a life policy available to my beneficiaries when I'm gone. Okay. Do you get a monthly retainer from Smith, Helms? Yes. How much is that? It's been running eighty-five hundred a month. And how long have you had that retainer? I'm not certain of the year. It's either '88 or '89, somewhere in that area. Through the present? Yes. Now, if you - Do you have an hourly billing rate that you bill Smith, Helms Page 134 Page 136 1 Q. Okay. When you say eventually, do you 1 at? 2 recall what year? 2 A. On occasion. 3 A. As best 1 recall, the initial 3 Q. Okay. And what is it on occasion? 4 opportunity to participate in the option 4 A. A hundred and fifty an hour. 5 program gave me a six-year period, 5 Q. What would the occasions be? 6 holding period. So that would drive the 6 A. 1 don't know that we have clearly 7 date in the 1983 point. 7 defined that. There are times when 1 am 8 Q. And that's when you exercised the 8 involved in an activity and 1 9 option? 9 communicate 1 spent so many hours, and 10 A. Not all of them. That first -- The 10 they know it's a hundred and fifty. So 11 others all had what I'm going to call 11 what they do back at the office 12 waiting periods. 12 accounting-wise, I'm not aware of. All 13 Q. Okay. Have you exercised any options 13 1 know is a check arrives, and it 14 since 1987? 14 actually becomes a part of that 15 A. Yes. 15 retainer. So it's a way to help account 16 Q. Okay. How many shares have you 16 for some of the activity. 17 exercised options for since 1987? 17 Q. Okay. For example, in connection with 18 A. 1 just don't remember. 18 appearing for depositions, such as 19 Q. Approximate? 19 appearing here today for a deposition, 20 A. Eight to ten thousand. That's very 20 do you bill -- would you send Smith, 21 approximate. 21 Helms a bill for that time? 22 Q. Were any of the options to purchase 22 A. No, no. 23 Monsanto stock given to you after 1987? 23 Q. So that would fall within the time -- Papageorge, William P.E. Vol I (fmr Anniston Mgr) in MARS HILL (former Monsanto Employee) Pages 133-136 HARTOLDMON0034416 Page 137 Page 139 1 The time you spend would fall within the 1 Q. And when was that? 2 monthly retainer that you are getting; 2 A. It was later in 1971. As best 1 3 is that correct? 3 remember -- Let me think. The last 4 A. That is correct. 4 quarter of '71 is as close as 1 can come 5 Q. Okay. Okay. Let us mark as Papageorge! 5 to it. 6 Twenty-one, for identification, a 6 Q. Okay. Did Mr. Crockett agree with 7 three-page document, the first page 7 Mr. Wright's request that this data be 8 bearing Bate's numbers DSW013422 8 held as confidential material? 9 through DSW 013424, the first page being 9 A. Yes. 10 apparently a cover slip from the desk of 10 Q. And do you know why? 11 William B. Papageorge and the remainder 11 A. Well, it fit in with his own request 12 being a document from Mr. Wright to 12 that he had made previously to us, that 13 Mr. Crockett. 13 we not share this data and let the state 14 (Plaintiffs' Exhibit Number 14 agency decide when and how. 15 Twenty-one was marked for 15 Q. Were you ever privy to any conversations 16 identification.) 16 with Mr. Crockett regarding the treating 17 Q. Is that correct? 17 of this data as confidential material? 18 A. Correct. 18 A. By the word "privy," do you mean was 1 19 Q. And this document reports on the 19 present in the room when it was 20 December 1970 Aroclor losses for Aroclor 20 discussed? 21 1242 and 1254 from the Anniston plant, 21 Q. Yes. 22 correct? 22 A. 1 was not. 23 A. Right. 23 Q. Who discussed it with him? 1 Q. 2 3 4 A. 5 Q. 6 A. 7 8 9 10 11 12 13 14 15 16 17 18 19 Q. 20 21 22 23 A. Page 138 And Mr. Wright asks that this data be held as confidential material. Do you know why he asked that? Yes. Why? It has to do with the confidence that had yet to be established regarding the ability of the analytical equipment to give accurate data. And as long as Monsanto was still in the process of -I'm going to use the term -- fine-tuning its method to the point where they had a lot of confidence in the analytical results, at that point the promise, as 1 recall, was made to the AWIC that we would inform them when that day occurs, and it was up to the AWIC then to do whatever they wanted with the data. Did Monsanto ever get the type of confidence in the analytical abilities of its equipment that you are referring to? Yes. 1 A. 2 3 4 5 Q. 6 7 8 9 10 11 A. 12 Q. 13 14 15 16 17 Q. 18 19 20 21 22 23 A. Page 140 As 1 remember, the representatives from the plant, Mr. Wright, the plant manager, Gene Jessee, and Toby Bell. Those names come to mind. Okay. Did you participate in any meetings in which Monsanto representatives had discussions regarding the fact that they were going to ask Mr. Crockett to treat this data as confidential material? No. Okay. Okay. That's all 1 have on that document. (Plaintiffs' Exhibit Number Twenty-two was marked for identification.) The next document is Papageorge Twenty-two. For identification purposes, it bears Bate's number DSW 013408 and DSW 013409. I'd ask you to take a look at it, if you could. 1 have read the document. Papageorge, William P.E. Vol I (fmr Anniston Mgr) in MARS HILL (former Monsanto Employee) Pages 137-140 HARTOLDMON0034417 Page 141 Page 143 1 Q. Thank you. And you were a recipient of 1 Mr. Wright to Dr. Gerald Gunning, 2 this document, correct? 2 correct? 3 A. Correct. 3 A. That is correct. 4 Q. And this is a document reporting on the 4 Q. And you were a recipient of this letter, 5 daily Aroclor 1242 and 1254 losses from 5 correct? 6 the Anniston plant for the month of 6 A. Correct. 7 March 1971, from Mr. Wright to 7 Q. And who was Dr. Gunning? 8 Mr. Crockett, correct? 8 A. Dr. Gunning was a professor of fish 9 A. That is correct. 9 biology at Tulane University who had a 10 Q. And in April 1971 the average Aroclor 10 consulting firm and had done some 11 losses for Aroclor 1242 and 1254 from 11 consulting for Monsanto. 12 the Anniston plant were four point three 12 Q. Why was Mr. Wright sending Dr. Gunning 13 three pounds per day, correct? 13 residue data from the March 1971 survey 14 A. You said April. This is the average for 14 of Choccolocco Creek fishes? 15 the month of March reported in April. 15 A. As part of his assistance to the plant 16 Q. I'm sorry. 1 meant March. Is that 16 regarding fish in area waterways, 17 correct? 17 Dr. Gunning had taken some fish samples. 18 A. That is correct for March. 18 And these samples were sent to the St. 19 Q. Okay. By the way, was your proposal 19 Louis Monsanto analytical center for 20 that the PCB losses in the water and air 20 analyses. And the results we see here 21 not exceed one pound per day ever 21 were obtained by that laboratory. 22 adopted by Monsanto? 22 Q. Okay. Let's look at the results for a 23 A. The proposal, yes. It was adopted as a 23 second, if we could. I'd like for you Page 142 Page 144 1 target, yes. 1 to turn to DSW 014799. 2 Q. Was that target ever reached at the 2 This data shows that as of March 3 Anniston plant? 3 1971 some of the fish sampled in 4 A. 1 understand it eventually was, yes. 4 Choccolocco Creek had as many as one 5 Q. Do you know what "eventually" means? 5 thousand seven hundred ninety-one parts 6 A. It was after the shutdown of the 6 per million of PCBs, isn't that right, 7 PCB-producing facilities and the 7 if you look at sample number three? 8 dismantling of the facilities. And with 8 A. 1 believe 1 see that number. 9 continued sampling and analyzing, it 9 Q. Okay. 10 eventually reached that point. 10 A. I'm personally confused by this. I'd 11 Q. Any idea what year? 11 have to study it a little longer. 1 see 12 A. I'm going to say early 1980s. 12 two sets of numbers with each box, one 13 Q. Okay. 13 in parentheses and -- 14 A. That's a guess on my part. 1 was not 14 MR. PECK: 1 think the 15 involved. 15 parenthetical may be the 16 Q. Fair enough. 16 lipid weight, maybe the fat 17 Q. Okay. We will mark for identification 17 analysis, and the 18 Papageorge Twenty-three, bearing Bate's 18 non-parenthetical may be the 19 number DSW 014798 through DSW 014800. 19 wet. I'm not sure. 20 (Plaintiffs' Exhibit Number 20 THE WITNESS: That is what 1 21 Twenty-three was marked for 21 assumed. It doesn't say 22 identification.) 22 that. 23 Q. And this is a May 24th, 1971 letter from 23 MR. PECK: And 1 think the number Papageorge, William P.E. Vol I (fmr Anniston Mgr) in MARS HILL (former Monsanto Employee) Pages 141 -144 HARTOLDMON0034418 Page 145 Page 147 1 he asked about was in the 1 A. Yes. 2 parenthetical, which 1 think 2 Q. And this document, again, is marked 3 would have been the fat 3 confidential, read and destroy, correct? 4 analysis. 4 A. Yes. 5 Q. Is that your understanding as well? 5 Q. And that would have been Mr. Haupt's 6 A. That -- Yes. 6 determination, correct? 7 Q. Thank you. 7 A. Yes. 8 A. May 1 point out something? 8 Q. And it reflects that the PCB losses 9 Q. 1 haven't asked you anything else, so 9 during July 1971 averaged two point one 10 the answer is no. 10 four pounds per day or two hundred and 11 A. It has to do with the parentheses. It 11 forty parts per billion, correct? 12 is on the document. 12 A. Yes. 13 Q. Okay. Thank you. Let's take a look at 13 Q. And that is more than twice the target 14 Papageorge Twenty-four for 14 amount; isn't that right? 15 identification. 15 A. Would you repeat that last -- 16 (Plaintiffs' Exhibit Number 16 Q. Sure. That is more than twice the 17 Twenty-four was marked for 17 targeted amount; isn't that right? 18 identification.) 18 A. Correct. 19 Q. For identification purposes, it is a 19 Q. Okay. And that brings us to Papageorge 20 two-page document. For identification 20 Twenty-five for identification. For 21 purposes, Papageorge Twenty-four bears 21 identification purposes, Papageorge 22 Bate's number DSW 013395 through -- 22 Twenty-five bears Bate's numbers DSW 23 Well, I'm sorry. It looks like 23 013382 through 013384. Page 146 Page 148 1 these might be -- probably should not be 1 (Plaintiffs' Exhibit Number 2 together, these two documents. 1 take 2 Twenty-five was marked for 3 that back. Let's just take the first 3 identification.) 4 page, take the front page of that 4 A. 1 have scanned the document. 5 document. 1 apologize for that. 5 Q. Okay. This report, the first page of 6 So Papageorge 6 the report, discusses the fact that two 7 Twenty-four is a one-page 7 EPA representatives and Mr. Crockett 8 document. It is the 8 visited the Anniston plant to collect 9 technical services -- the 9 several samples for PCB analysis from 10 technical services department 10 the plant effluent and that they also 11 monthly report summary for 11 took samples from Choccolocco Creek, 12 July 1971 bearing Bate's 12 correct? 13 number DSW 013395. 13 A. Correct. 14 Q. Have you had a chance to look at that 14 Q. Did you participate in the meeting 15 document? 15 between them and Monsanto? 16 A. 1 have. 16 A. No. 17 Q. Okay. And this is a summary of a 17 Q. The next document, the next page, DSW 18 monthly report from the technical 18 013383, says at the top, "Confidential. 19 services department for the current 19 This pollution control section is for 20 level of Aroclor waste for July 1971, 20 immediate information purposes only. 21 correct? 21 Detach and destroy upon reading. Do not 22 A. Correct. 22 file." Do you see that? 23 Q. Prepared by Mr. Haupt, H-a-u-p-t? 23 A. 1 do. Papageorge, William P.E. Vol I (fmr Anniston Mgr) in MARS HILL (former Monsanto Employee) Pages 145-148 HARTOLDMON0034419 Page 149 Page 151 1 Q. You were one of the people who received 1 Q. Were there other Aroclor mixtures 2 this memorandum, correct? 2 manufactured at the Anniston plant? 3 A. Yes. 3 A. Yes. 4 Q. Did you destroy this document after 4 Q. How many? 5 reading it? 5 A. Oh, there were Aroclor 1260, Aroclor 6 A. No, sir. This came out of my file, this 6 1268, Aroclor 1232. 7 copy. 7 Q. Any others? 8 Q. Okay. The next page, DSW 013384, the 8 A. That's all 1 can recall. 9 final page, it appears that the average 9 MR. PECK: Did you say -- 10 losses of PCBs reported to the AWIC were 10 MR. ATKIN: I'm sorry? 11 less than the total average losses 11 THE WITNESS: 1 didn't mention 12 actually experienced by the plant; isn't 12 Aroclor 1221 because it was 13 that right? 13 not perceived as a PCB. It 14 A. 1 see two numbers reported as average 14 was a monochloro biphenyl. 15 pounds per day. 15 Q. But Aroclor 1260 and 1268 and now 1232 16 Q. Right. 16 were PCBs, isn't that right? 17 A. The higher number includes in it -- 17 A. Yes. 18 Q. Well - 18 Q. Okay. Thank you. That's all 1 have on 19 A. It is not clear. 19 that document. 20 Q. It appears to me -- Maybe we can figure 20 For identification purposes, 21 this out together. It appears the total 21 Papageorge Twenty-six is a document 22 average, the first set of figures for 22 bearing Bate's numbers -- two sets of 23 parts per billion is thirty-two, and 23 Bate's numbers. We will use the one Page 150 Page 152 1 pounds per day is zero point two 1 with the first designation, which is NEV 2 eight -- 2 093668 through NEV 093704. 3 A. 1 see that. 3 (Plaintiffs' Exhibit Number 4 Q. -- for PCB losses. The next section 4 Twenty-six was marked for 5 says, "The average losses, which will be 5 identification.) 6 reported to the Alabama Water 6 Q. I'd ask you just to take a look at it if 7 Improvement Commission, are as follows: 7 you could. 1 should just tell you, I'm 8 Average pounds per day, zero point one 8 only going to be asking you questions 9 two pounds per day, Aroclor 1242 and 9 about the first two pages, so that is 10 1254," correct? 10 all you really need to look at. 11 A. 1 see that, yes, sir. 11 A. 1 have reviewed the first three pages. 12 Q. So is that because Monsanto was only 12 Q. Okay. One more than necessary. Have 13 reporting to the Alabama Water 13 you ever seen this document before? 14 Improvement Commission the PCB losses, 14 A. 1 don't recall it at all. 15 average pounds per day for Aroclor 1242 15 Q. Okay. Did you know -- Were you aware 16 and 1254? 16 that Monsanto, federal, and state 17 A. Yes. 17 authorities had collected sediment 18 Q. And why was that? 18 samples from eight different sites along 19 A. Those were the major commercial PCB 19 a one and three quarter mile segment of 20 mixtures that were of interest, not only 20 Choccolocco Creek in 1983? 21 to Monsanto but literally everybody 21 A. 1 don't recall that at all. 22 involved with the PCB environmental 22 Q. Okay. And the -- In the summary 23 issue. 23 section, it gives the results of those Papageorge, William P.E. Vol I (fmr Anniston Mgr) in MARS HILL (former Monsanto Employee) Pages 149-152 HARTOLDMON0034420 Page 153 Page 155 1 samples under gas chromatography; is 1 Have you looked at that? 2 that right? 2 A. 1 have. 3 A. Yes. 3 Q. Okay. And this is a letter dated 4 Q. And it says that PCB concentrations 4 January 15th, 1985, from Juanita 5 average nine point nine ug/g. Can you 5 Settine, S-e-t-t-i-n-e, supervisor of 6 tell me what that means? 6 laboratories for the University of 7 A. Parts per billion. 7 Alabama in Birmingham, directed to 8 Q. Is that reading above background levels? 8 Mr. Geary, G-e-a-r-y, Allen, office of 9 A. I'm sorry. 9 the attorney general in Montgomery, 10 Q. Is that reading above background levels? 10 Alabama. Have you ever seen this 11 MR. PECK: Object to the form of 11 document before? 12 the question. 12 A. 1 have not. 13 A. 1 have no idea. 13 Q. This document reports on the results of 14 Q. September 28th, 1983. That's it for 14 the University of Alabama's GC/MS 15 that. 15 analyses of samples taken by the 16 And that brings us to Papageorge 16 attorney general on December 12th, 1984, 17 Twenty-seven for identification, which 17 correct? 18 is a document bearing Bate's number DSW 18 A. The date is correct, sir, but 1 don't 19 015232 through -- I'm not sure. Well, 19 know if the attorney general took the 20 we'll keep it together. 015272. 20 samples. 21 1 think perhaps the last three 21 Q. Well, the reason 1 say that is in the 22 pages might be a separate document. 22 first sentence it says, "Enclosed are 23 MR. PECK: It looks like the first 23 the results of our GC/MS analyses of Page 154 Page 156 1 two pages are DSW 015232 and 1 your samples of 12 December 1984." When 2 233, and then it goes to a 2 1 say - Apparently there was an 3 MONS number, 023540. 3 analysis being done of samples, at 4 MR. ATKIN: Okay. 1 see. Let us 4 least, that were provided by the 5 take off the first two pages 5 attorney general, is that correct, by 6 and use those. Then maybe we 6 the attorney general's office? 7 will talk about the rest. 7 MR. PECK: Object to the form of 8 MR. PECK: Okay. Although 1 8 the question. 9 suspect there was an 9 A. 1 would suggest that that implies that 10 enclosure to this document, 10 the supervisor of the laboratories 11 because it says, "Enclosed 11 received samples from the office of 12 are the results." And y'all 12 Mr. Allen, and she was reporting on the 13 may have just mixed and 13 results of the analyses. 14 matched your documents 14 Q. You are correct. Okay. 15 somehow. 15 Were you aware that the attorney 16 MR. ATKIN: Okay. Thank you. I'm 16 general took samples for PCB analysis of 17 sorry. 17 soil from the Anniston area in December 18 (Plaintiffs' Exhibit Number 18 1984? 19 Twenty-seven was marked for 19 A. 1 was not. 20 identification.) 20 Q. Okay. Do you see the results for the 21 Q. So Papageorge Twenty-seven is now a 21 ditch at church 1310? 22 document -- a two-page document bearing 22 A. 1 see that, yes. 23 Bate's numbers DSW 015232 and 015233. 23 Q. And those results are two hundred Papageorge, William P.E. Vol I (fmr Anniston Mgr) in MARS HILL (former Monsanto Employee) Pages 153-156 HARTOLDMON0034421 Page 157 Page 159 1 twenty-six parts per million of PCBs, 1 Q. You were no longer at the Anniston plant 2 correct? 2 at that time, were you? 3 A. That is reported here, yes. 3 A. That is correct. 4 Q. Okay. Do you know what church it is 4 Q. Have you ever seen this letter before? 5 referring to? 5 A. 1 do not recall ever seeing it. 6 A. No, 1 don't. 6 Q. Okay. Were you aware that the United 7 Q. In December 1984 the samples taken from 7 States Department of Agriculture took 8 Snow Creek, the ditch at church 1310, 8 samples from Choccolocco Creek for PCB 9 and a Monsanto ditch one hundred yards 9 sampling in 1983? 10 below galvanized pipe 1300 showed that 10 A. 1 was not. 11 PCBs were present ranging from 11 Q. So obviously you weren't aware of the 12 twenty-seven parts per million to two 12 results of any of those samples, 13 hundred twenty-six parts per million, 13 correct? 14 correct? 14 A. That is correct. 15 A. That's what is indicated, yes. 15 Q. Were you ever told by anyone that in 16 Q. Were you aware of the results of those 16 1983 soil samples from Choccolocco Creek 17 samples? 17 were showing results in the hundreds of 18 A. No. 18 parts per million? 19 Q. I'm done with that. Thank you. The 19 A. No. 20 next document is Papageorge 20 Q. Between the early 1970s and early 1980s 21 Twenty-eight, for identification. 21 did Monsanto ever take samples from 22 (Plaintiffs' Exhibit Number 22 Choccolocco Creek? 23 Twenty-eight was marked for 23 A. Yes. 1 remember some sampling on the Page 158 Page 160 1 identification.) 1 creek. 2 Q. And this is a November 14th, 1983 letter 2 Q. When was that? 3 from Robert Thompson, of the United 3 A. In the early '70s. 4 States Department of Agriculture, Soil 4 Q. 1 guess what I'm trying to get at is 5 Conservation Service, addressed to 5 between the -- Let me rephrase it. 6 Mr. Jerry Brown of Monsanto Agricultural 6 Between the mid 1970s and early 7 Products Company in Anniston, Alabama, 7 1980s did Monsanto take samples from 8 correct? 8 Choccolocco Creek? 9 A. That is correct. 9 A. 1 do not know. 10 Q. And the letter is dated November 14th, 10 Q. Do you know who would know that? 11 1983? 11 A. Middle '70s to -- The obvious answer 12 A. That is correct. 12 that comes to mind is the plant manager. 13 Q. Okay. Do you know who Jerry Brown is? 13 Q. Who was that between the mid '70s and 14 A. Yes, sir. 14 early '80s? 15 Q. Who is Jerry Brown? 15 A. I'm trying to recall. 1 believe 16 A. He is a Monsanto employee at the 16 Mr. Jessee, Gene Jessee, J-e-double 17 Anniston, Alabama plant. 17 s-double e. And 1 don't remember the 18 Q. Do you know what his duties are? 18 names of his successors. 19 A. Through the years his duties did change. 19 Q. Okay. Fair enough. Do you know if 20 As 1 understood it, in 1983 he was 20 Monsanto ever took samples from Snow 21 perceived to be the top individual 21 Creek between the mid 1970s and early 22 relating to environmental issues at the 22 1980s? 23 plant. 23 A. 1 do not. Papageorge, William P.E. Vol I (fmr Anniston Mgr) in MARS HILL (former Monsanto Employee) Pages 157-160 HARTOLDMON0034422 1 Q. 2 3 4 5 A. 6 Q. 7 A. 8 9 10 11 Q. 12 13 14 A. 15 Q. 16 17 18 A. 19 20 Q. 21 22 23 Page 161 Okay. What types of sampling, if any, did Monsanto do from the mid 1970s through the early 1980s to detect PCBs in soil in the Anniston area? 1 do not know. Do you know who would know that? The only name that comes to mind is -- a strong possibility is Mr. Brown and of course the plant manager in charge at the time. Okay. Can you just refresh my recollection? When did you leave the Anniston plant? The end of 1969. And did you return to the Anniston plant for any period of time on a regular basis? Not regular. I've had two-day visits, that kind of thing. Okay. What types of air samples, if any, did Monsanto do from the mid 1970s through the early 1980s to detect PCBs in air in the Anniston area? 1 Q. 2 3 4 5 6 7 8 A. 9 Q. 10 A. 11 Q. 12 13 14 15 16 A. 17 Q. 18 A. 19 Q. 20 21 A. 22 23 Page 163 Okay. When was the last time you saw this document? Withdrawn. Let me make it easier. Did you review this document in connection with your meetings with counsel when you consulted in connection with -- for this deposition? With this deposition? Yes. No, sir. Okay. This document is dated March 30th, 1970. It appears to be either a memorandum ora letter from Mr. R. Emmet Kelly -- Dr. R. Emmet Kelly, that would be, to W. B. Papageorge, correct? That is correct. Dated March 30th, 1970, correct? Correct. Who are the recipients of this letter? Who is H. S. Bergen? Bergen was my supervisor, the director of the functional products business group. Page 162 Page 164 1 A. 1 do not know. 1 Q. And who was Mr. Minckler? 2 Q. Again, do you think that Jerry Brown 2 A. Mr. Minckler was the general manager of 3 would be the person to be most 3 the organic chemicals division in 4 knowledgeable about that? 4 Monsanto Company under which the 5 A. That's my strong suspicion. 5 functional products business group 6 Q. Okay. What types of sampling, if any, 6 reported. 7 did Monsanto do from the mid 1970s 7 Q. And Mr. Park was legal, correct? 8 through the early 1980s to detect PCBs 8 A. Correct. 9 in fish in the Anniston area? 9 Q. And Mr. Springgate? 10 A. 1 do not know. 10 A. Mr. Springgate was Mr. Bergen's 11 Q. And again, you think perhaps Jerry Browr 11 counterpart in the plasticizer business 12 would be the most knowledgeable person? 12 group. 13 A. I'd start with him. 13 Q. Okay. And you became aware from this 14 Q. Okay. We will. 14 memo that the Ohio Health Department had 15 Let us mark for identification 15 found PCBs, particularly Aroclor 1254, 16 purposes Papageorge Twenty-nine. And 16 in samples of milk from at least three 17 this is a document -- a one-page 17 herds in Ohio, correct? 18 document bearing Bate's number STR 18 A. That is correct. 19 029900. 19 Q. Had you ever become aware before this 20 (Plaintiffs' Exhibit Number 20 memo of the possibility of milk being 21 Twenty-nine was marked for 21 contaminated by PCBs? 22 identification.) 22 A. Yes. 23 A. 1 have reviewed the documents. 23 Q. When? Papageorge, William P.E. Vol I (fmr Anniston Mgr) in MARS HILL (former Monsanto Employee) Pages 161 -164 HARTOLDMON0034423 Page 165 Page 167 1 A. Early 1970, as best 1 recall. 1 to use any Aroclor in any paint 2 Q. And how did that come about? 2 formulation that contacts food, feed, or 3 A. 1 received a report of the findings of 3 water for animals or humans? 1 think it 4 milk in cattle in Georgia that was later 4 is very important that this be done." 5 attributed to the fact that cattle were 5 Do you see that? 6 grazing under -- on land under power 6 A. 1 do. 7 lines. And these areas were sprayed 7 Q. Before this incident in Ohio, did 8 with oils to discourage dense weed 8 Monsanto ever consider telling its 9 growth. And it was eventually 9 customers not to use PCBs in any paint 10 determined that these oils contained 10 formulation that contacted food, feed, 11 PCBs in them. 11 or water for animals or humans? 12 Q. Okay. In seeing what's reported here, 12 A. At this point in time there was serious 13 the Ohio Health Department traced the 13 consideration given to those very 14 contamination to the PCBs in the paint 14 thoughts of PCBs in relationship to food 15 in the silos, correct? 15 for animals or humans. 16 A. That is correct. 16 Q. When you say at this point in time, do 17 Q. Now, the third paragraph says, "All in 17 you mean after receipt of the memo, 18 all this could be quite a serious 18 before receipt of the memo? 19 problem, having legal and publicity 19 A. Before. We were in the process of 20 overtones." Do you see that? 20 coming up with a PCB phase-out program. 21 A. 1 do. 21 Dr. Kelly was not aware of that 22 Q. What legal overtones was Mr. Kelly 22 activity. So what he was proposing was 23 concerned about? 23 already being seriously considered and Page 166 Page 168 1 MR. PECK: Object to the form of 1 resulted in Monsanto's program that was 2 the question. 2 announced in -- oh, in a couple of 3 A. 1 don't know. You'd have to ask 3 months after that, about May of 1970 or 4 Dr. Kelly on that. That's his -- 4 thereabouts. Early summer is the best 1 5 Q. Did you have any legal overtones you 5 can recall now. And the part 1 have in 6 were concerned about when you received 6 mind here is that reference to the 7 this memorandum? 7 termination of sales of PCBs to the open 8 A. The only overtones 1 gathered is when 1 8 uses, including paints. 9 read Dr. Kelly's reactions, and that 9 Q. Okay. After you received this memo, did 10 brought the thought to my mind. 10 you discuss its content with Dr. Kelly? 11 Q. Do you know what publicity overtones 11 A. Oh, yes, yes. 12 Dr. Kelly was concerned about? 12 Q. Okay. Do you recall the sum and 13 A. 1 do not. 13 substance of the conversations you had? 14 Q. Did you have any publicity overtones 14 A. Oh, he was certainly surprised that we 15 that you were concerned about when you 15 were thinking the way he was, let's 16 saw this memo? 16 stop. 17 A. 1 don't recall ever being overly 17 Q. Did you discuss it with anybody else? 18 impressed with publicity so much as 18 MR. PECK: The contents of this 19 trying to explain the presence of PCBs 19 memo? 20 in that particular situation. 20 MR. ATKIN: Yes. 21 Q. Okay. The last paragraph states, "This 21 A. Well, 1 recall mentioning that 1 had 22 brings us to a very serious point. When 22 received the memo and that they, 23 are we going to tell our customers not 23 Mr. Bergen and Mr. Springgate, had Papageorge, William P.E. Vol I (fmr Anniston Mgr) in MARS HILL (former Monsanto Employee) Pages 165-168 HARTOLDMON0034424 Page 169 Page 171 1 received copies of it, and these two 1 part of this consulting 2 individuals were part of the discussion 2 service. 3 of phasing out PCB sales. All we did 3 MR. ATKIN: Okay. 4 was touch base with each other that 4 THE WITNESS: But the minute I'm 5 things were going quite well, the way we 5 under oath, the pay stops. 6 hoped they would. 6 It's not reported. 7 Q. Did Monsanto ever tell its customers not 7 MR. ATKIN: Okay. That's fine. 8 to use Aroclor in paint formulation that 8 THE WITNESS: 1 don't know if 1 9 contacts food, feed, or water for 9 made that clear earlier. And 10 animals or humans? 10 the more 1 thought about it, 11 A. There was a reference, as 1 remember, on 11 1 thought 1 better reiterate 12 a label about keeping it away from 12 it. 13 animal feed and human food. 13 MR. ATKIN: 1 thought that is what 14 Q. Do you remember when, when these labels 14 you meant. That's fine. 15 were issued that had that specific 15 Thank you for clarifying. 16 warning? 16 (Plaintiffs' Exhibit Number 17 A. 1 don't know specifically, '71, about 17 Thirty was marked for 18 '71. 18 identification.) 19 MR. ATKIN: Okay. That's all 1 19 Q. Let me show you Papageorge Thirty for 20 have. 20 identification. This is a two-page 21 MR. PECK: Why don't we take a 21 document dated February 10th, 1967, 22 quick break? 22 apparently a letter from Dr. Kelly to 23 MR. ATKIN: Sure. 23 Mr. D. Wood in London. And it bears Page 170 Page 172 1 (A break was taken.) 1 Bate's number NEV 0237645 and NEV 2 THE WITNESS: I'd like to review 2 0236 - 3 briefly what we talked about 3 MR. PECK: 1 think you said that 4 in retainers and what 1 get 4 wrong. 5 paid for and what 1 don't. 5 MR. ATKIN: 023645? 6 MR. ATKIN: Well, I'll tell you 6 MR. PECK: Yeah. 7 what, your counsel will have 7 Q. And NEV 023646. I'd ask you to review 8 a chance to ask any questions 8 that if you could. 9 of you when I'm done and -- 9 A. 1 have reviewed the exhibit. 10 THE WITNESS: 1 may have answered 10 Q. Okay. Who was Mr. Wood? 11 correctly. The more 1 11 A. Mr. Wood was a Monsanto employee in the 12 thought about it, 1 wondered 12 marketing department working out of 13 if 1 heard you correctly, 13 Brussels, Belgium. 14 sir. Because 1 wanted to 14 Q. Okay. Was he responsible for the 15 make sure that it's 15 marketing of Aroclor products? 16 understood 1 don't get paid 16 A. He was one of several, yes. 17 when I'm under oath. That's 17 Q. Who else was responsible for marketing 18 about as clear as 1 can make 18 Aroclor products? 19 it. 19 A. Oh, 1 don't know the whole team. They 20 MR. ATKIN: Okay. 20 had Europe and Africa divided into 21 THE WITNESS: But in preparation, 21 areas. 1 remember a Don Cameron. 22 like 1 met with the attorney 22 Q. Okay. Who was responsible for marketing 23 last week or so, that time is 23 Aroclors in the United States at or Papageorge, William P.E. Vol I (fmr Anniston Mgr) in MARS HILL (former Monsanto Employee) Pages 169-172 HARTOLDMON0034425 Page 173 Page 175 1 about this time period? 1 in the states when the various technical 2 A. There were two individuals. Don Olson 2 and lay news media pick up the subject. 3 was responsible for marketing of the 3 This is especially" -- Well, let me just 4 functional fluids products. And Walter 4 stop there. 5 Schalk, S-c-h-a-l-k, was responsible for 5 Do you know what Dr. Kelly meant 6 the marketing of PCBs in plasticizers. 6 by that paragraph? 7 Q. Okay. Who are the folks who are CCed on 7 MR. PECK: Object to the form of 8 this memo; do you know? Mr. Buchanan? 8 the question. 9 A. Mr. Buchanan was a marketing 9 A. Anybody reading could -- Dr. Kelly was 10 representative working out of St. Louis. 10 concerned that the sketchy kinds of 11 As best 1 recall he was at that time in 11 information that he was hearing 12 plasticizers marketing. 1 do not 12 regarding PCBs that was unconfirmed and 13 recognize the other three names listed. 13 hadn't been thoroughly studied might get 14 Q. Okay. Did you ever see a copy of this 14 into the news media, the public press 15 before? 15 and all and really create concerns that 16 A. Yes. 16 would not be justified. 17 Q. And when did you see it? 17 Q. Okay. And did he discuss those concerns 18 A. 1 first saw copies of this document when 18 with you? 19 1 underwent my tutorial with Elmer 19 A. Yes. He was concerned about health 20 Wheeler of Monsanto's medical department 20 effects that weren't proven, allegations 21 in early January or February 1970. 21 that were being made with no basis. 22 Q. What was that tutorial about? 22 Q. Allegations regarding what? 23 A. Mr. Wheeler was bringing me up to date 23 A. A specific, the fact that some of the Page 174 Page 176 1 on what was known about PCBs as of 1 symptoms that were later attributed to 2 January 1970. 2 DDT were being automatically, if you 3 Q. Okay. And that's when you first saw 3 will, transferred to PCBs, without any 4 this document? 4 real scientific support for that 5 A. Yes. 5 conclusion. 6 Q. Do you recall any discussions with 6 Q. Okay. Anything else? 7 Mr. Wheeler about this document? 7 A. That's just an example. 1 don't 8 A. Of course not word for word, but in 8 remember all the -- 9 essence this document was Mr. Wheeler's 9 Q. The other allegations that he was 10 way of bringing up the subject of how 10 concerned about? 11 PCBs were being found in environmental 11 A. Correct. 12 samples at a Swedish laboratory and how 12 Q. Would you go to the second page, NEV 13 Monsanto received the first information 13 023646, the last paragraph? 14 regarding that study. 14 A. 1 see it. 15 Q. That was a study done by Jenssen? 15 Q. This paragraph, the beginning of the 16 A. Yes. 16 paragraph states, "The consensus in St. 17 Q. Okay. This memo reflects that by 1967 17 Louis is that while Monsanto would like 18 Monsanto was getting concerned about 18 to keep in the background in this 19 PCBs in the air and in fish and other 19 problem, we don't see how we will be 20 living reservoirs, correct? 20 able to in the United States." 21 A. Correct. 21 Did Dr. Kelly ever discuss with 22 Q. The third paragraph states, "We are very 22 you the fact that Monsanto wanted to 23 worried about what is liable to happen 23 keep in the background regarding the PCB Papageorge, William P.E. Vol I (fmr Anniston Mgr) in MARS HILL (former Monsanto Employee) Pages 173-176 HARTOLDMON0034426 Page 177 Page 179 1 problem? 1 to express a concern that at this point 2 A. No. 2 in time Monsanto's customers may ask for 3 Q. Did you ever hear it mentioned from 3 that type of data? 4 anyone at Monsanto that Monsanto wanteci 4 MR. PECK: Object to the form of 5 to keep in the background regarding the 5 the question. 6 PCB problem? 6 A. Dr. Kelly was expressing a concern about 7 A. Never. 7 requests for data that is not at that 8 Q. Okay. The next sentence states, "We 8 point in time run for an industrial 9 feel our customers, especially NCR, may 9 chemical. He was concerned that the 10 ask us for some sort of data concerning 10 emphasis would be to conduct studies 11 the safety of these residues in humans." 11 similar to those run for Food and Drug 12 Do you see that? 12 Administration registration, either as a 13 A. 1 do. 13 food additive or as a pharmaceutical. 14 Q. Was this the first time to your 14 And that just wasn't deemed appropriate 15 knowledge that Monsanto first considered 15 for an industrial chemical. 16 that its customers might ask for some 16 Q. Deemed by who? 17 sort of data concerning the safety of 17 A. Just everybody in the world that worked 18 these residues in humans? 18 with industrial chemicals. 19 A. No. The questions regarding health 19 Q. So are you saying that the type of data 20 effects of PCBs were shared with 20 that is referenced here in this memo by 21 customers like NCR. They already knew 21 Dr. Kelly that the customers might be 22 what Monsanto knew. 22 concerned about relates to the type of 23 Q. When was this, as of 1967? 23 data that would go towards FDA 1 A. 2 Q. 3 4 5 A. 6 7 8 9 10 11 Q. 12 A. 13 14 15 16 17 18 19 20 Q. 21 22 23 Page 178 Yes. Okay. What did they know? What did they know regarding the health effects of PCBs? Well, it is the kind of information that appeared in the product brochures, and they knew about skin effects. And these are all at levels that really shouldn't be permitted in terms of exposure, skin problems, breathing problems. Anything else? Do not ingest kind of thought, don't get it in your food. And since NCR is mentioned here, as an example, a company like NCR would typically have their medical man talk to Monsanto's medical man, as one professional talking to the other, so they are both talking the same technical language. If Monsanto had already provided its customers with data concerning the safety of PCBs in humans, do you know why Dr. Kelly seemed to feel or seemed 1 2 3 4 A. 5 6 Q. 7 A. 8 9 10 Q. 11 12 A. 13 Q. 14 A. 15 16 Q. 17 18 19 20 A. 21 Q. 22 23 A. Page 180 registration? MR. PECK: Object to the form of the question. That is what the next sentence emphasizes. What type of data is that? It is referred to here as toxicological, slash, pharmacological. It's extensive, multi-year study with test animals. Which at that point in time had not been done, is that correct, by Monsanto? For what? For PCBs. That is correct. That is typical of an industrial chemical, yes. When you talk about the warnings that had been provided to customers by Monsanto, you mentioned certain health hazards, correct? Yes. Did those warnings also include information about liver problems? In some cases, yes. 1 remember some Papageorge, William P.E. Vol I (fmr Anniston Mgr) in MARS HILL (former Monsanto Employee) Pages 177-180 HARTOLDMON0034427 Page 181 Page 183 1 reference to continued excessive 1 A. No. 2 exposure could damage the liver to the 2 (Plaintiffs' Exhibit Number 3 point where it could no longer recover 3 Thirty-one was marked for 4 itself. 4 identification.) 5 Q. Did those warnings ever talk about 5 Q. Let's take a look at Papageorge 6 possible systemic injury from PCB 6 Thirty-one, for identification. This is 7 exposure? 7 a two-page document dated December 5th, 8 A. Yes. 8 1958, authored by D. F. Smith and 9 Q. Do you recall when for the first time 9 addressed to Mr. R. D. Minteeratthe 10 the warnings included information about 10 general offices of Monsanto in St. 11 possible liver trouble? 11 Louis. 12 A. 1 don't remember a specific date. It 12 A. 1 have read the exhibit. 13 seems like it was in product brochures 13 Q. Okay. Who is Mr. Smith? 14 and product literature for decades. 1 14 A. Mr. Smith was a Monsanto employee in the 15 just don't remember a date. 15 organic division of Monsanto Company in 16 Q. And 1 guess the same would hold true for 16 that business group that sold hydraulic 17 possible systemic injury, that you 17 fluids and other industrial fluids. 18 wouldn't recall the exact date? 18 Q. And who is Mr. Minteer? 19 A. That is correct. 19 A. Mr. Minteer had so many different 20 Q. Did you have any involvement in 20 assignments, 1 personally don't know 21 formulating the warning labels that 21 exactly what his assignment was in the 22 Monsanto put on its PCB products? 22 date of this memo, which reads like it's 23 A. Some of them. 23 1958. Page 182 Page 184 1 Q. Okay. What was your involvement? 1 Q. Right. 2 A. 1 was involved in the wording of the 2 A. He was involved with the marketing of 3 paragraph that referred to the findings 3 hydraulic fluids, but 1 don't recall his 4 of PCBs in the environment and the 4 exact title or position at that time. 5 precautionary statements included in 5 Q. Okay. Do you know who -- Well, we know 6 that paragraph, to handle it carefully 6 who Mr. Wheeler is. Do you know who the 7 and not allow it to escape into the 7 other recipients of this memo were? 8 environment. And eventually there was a 8 A. 1 don't remember Mr. Newcombe. 9 phrase or a sentence included referring 9 Mr. Casperi was an attorney. 10 to prevention of entry into animal feed 10 Q. Okay. Have you ever seen this letter 11 and human food. 11 before? 12 Q. And one of the things that Monsanto did 12 A. 1 don't recall it. 13 tell its customers was they should avoid 13 Q. Okay. Were you ever told by anyone that 14 prolonged breathing of PCB vapors or 14 Monsanto wanted to disclose the minimum 15 mists, correct? 15 information necessary to comply with 16 A. Oh, yes, definitely. 16 regulations regarding PCB labeling and 17 Q. That's all 1 have on that document. 17 not to disclose information which could 18 Before we go on to Thirty-one, did 18 damage its sales position in the 19 Monsanto ever provide the residents of 19 synthetic hydraulic fluid field? 20 Anniston with any data concerning the 20 A. No, 1 was never told that. 21 health hazards of PCBs in humans? 21 Q. Okay. Thank you. 22 A. Uh-uh (indicating no). Why would they? 22 (Plaintiffs' Exhibit Number 23 Q. The answer is no? 23 Thirty-two was marked for Papageorge, William P.E. Vol I (fmr Anniston Mgr) in MARS HILL (former Monsanto Employee) Pages 181 -184 HARTOLDMON0034428 1 2 Q. 3 4 5 6 7 8 9 10 11 12 13 A. 14 Q. 15 A. 16 Q. 17 A. 18 19 20 21 22 23 Page 185 identification.) 1 For identification purposes, this is a 2 document bearing Bate's number MONS 3 096865 and MONS 096866 dated Februan ! 4 14th, 1969, either a memorandum or 5 A. letter written from Mr. -- written by 6 Mr. Roush, R-o-u-s-h, Don Roush, to 7 Q. J. J. Roder, R-o-d-e-r, in Chicago; 8 subject, inquiry from Vapor Corporation 9 A. on toxic effects of chlorinated 10 Q. biphenyl. Flave you had a chance to look 11 at this? 12 A. 1 am reading it, reviewing it now. 13 Q. Take your time, please. 14 1 have read the exhibit. 15 A. Okay. Who is Mr. Roush? 16 Q. Mr. Roush was a representative of 17 Monsanto's marketing department located 18 in St. Louis that was responsible for 19 A. the marketing of heat transfer fluids. 20 Q. Mr. Roush was the technical person on 21 A. that staff who would work with the 22 Q. customers on technical matters involving 23 Page 187 was advised of the bran oil poisoning of quite a number of Japanese citizens attributed to PCBs. That's what became known as the Utsu incident, correct? You meant the first paragraph. 1 think you said the second. I'm sorry. The second sentence of the first paragraph. 1 see that, yes, sir. And that's what became known as the Utsu incident? Correct. How many people got sick in the Utsu incident? Oh, 1 don't recall the number. Several hundred? MR. PECK: Object to the form of the question. That's a good estimate. Do you know how many people died? 1 don't recall any deaths. Okay. Did Monsanto ever tell customers about the Utsu incident? Page 186 Page 188 1 the use of heat transfer fluids. 1 A. 1 know personally that starting in 1970 2 Q. Who was Mr. Roder? 2 we instructed the field representatives 3 A. Mr. Roder was a field salesman, field 3 at their sales meetings of the incident 4 representative located in the Chicago 4 and what occurred and what was found. 1 5 office of Monsanto. 5 know 1 personally talked to groups of 6 Q. When you say field representative, what 6 customers. 7 were his responsibilities? 7 Q. 1 understand. But was there a corporate 8 A. He is the individual that was given the 8 policy either to tell or not to tell 9 responsibility for a geographic area, 9 Monsanto's customers about the Utsu 10 and he would call on the customers and 10 incident? 11 potential customers in that area. 11 A. The policy was to share whatever 12 Q. He was a sales rep? 12 information we had. 13 A. Yes. 13 Q. So to your knowledge, Monsanto did share 14 Q. Do you know who Mr. Gustaf is, referred 14 that information with its customers? 15 to in this memorandum? 15 A. Yes. 16 A. No, 1 don't. 16 Q. And was a letter sent out to the 17 Q. Okay. This memo apparently concerns 17 customers about the Utsu incident? 18 inquiries that were being made by a 18 A. No. 19 customer, Vapor Corporation, about the 19 Q. How was the information to be shared 20 toxic effects of PCBs, correct? 20 with them? 21 A. Yes. 21 A. Telephone conversations, personal 22 Q. In the second sentence of the first 22 visits, one-on-one type of thing, or at 23 paragraph Mr. Roush says that Monsanto 23 customer group meetings, either within a Papageorge, William P.E. Vol I (fmr Anniston Mgr) in MARS HILL (former Monsanto Employee) Pages 185-188 HARTOLDMON0034429 Page 189 Page 191 1 customer's plant or meetings at which 1 included representatives from the 2 several customers would gather at a 2 Department of Agriculture, the Interior 3 Monsanto conference room, for example. 3 Department, the Department of Commerce, 4 Q. Was there a directive issued to Monsanto 4 FDA. I'm sure 1 left out some, but it 5 field reps that they should tell 5 was supposedly representative of any 6 Monsanto customers about the Utsu 6 federal activity that might be involved 7 incident? 7 with PCBs. 8 A. Yes. 8 Q. Did Monsanto ever tell any of the 9 Q. Was that directive in writing? 9 residents of Anniston, Alabama about the 10 A. 1 never saw it in writing. 10 Utsu incident? 11 Q. Okay. Do you know who issued that 11 A. Not that 1 know of. 12 directive? 12 Q. Can PCBs cause certain toxic and 13 A. Mr. Bergen passed that on to Mr. Fallon, 13 systemic effects as indicated in 14 who was the individual in charge of the 14 paragraph two of this memorandum? 15 heat transfer business. 15 MR. PECK: Object to the form of 16 Q. Did Monsanto ever tell the FDA about the 16 the question. 17 Utsu incident? 17 A. Yes. 18 A. 1 know we discussed it with the FDA, but 18 Q. Okay. And did Monsanto ever tell any of 19 my exposure to that discussion -- The 19 the residents of Anniston, Alabama, that 20 FDA knew about it already. 1 don't know 20 PCBs could cause certain toxic and 21 where they found out. 21 systemic effects? 22 Q. Do you know when Monsanto first 22 A. No. 23 discussed the FDA -- with the FDA the 23 Q. Okay. The next to last sentence in the 1 2 A. 3 4 5 6 7 8 9 Q. 10 A. 11 Q. 12 13 A. 14 Q. 15 16 A. 17 18 19 20 21 22 23 Page 190 Utsu incident? It was in 1970. My hesitation is because it wasn't specific FDA. FDA representatives were in the room along with the Department of Agriculture and so on, the Interagency Task Force on PCBs. This was one of the subjects discussed. And that was sometime in 1970? Yes. Do you remember if it was the earlier or latter part of 1970? 1 would suggest late summer, early fall. You mentioned Interagency Task Force on PCBs. What was that? The government agencies were attempting to learn what they could about the PCB environmental issue in 1970, and they had informally formed a study group at the encouragement of the head of the -it is the office of science and technology, but 1 don't recall exactly what its title was at that time. And it 1 2 3 4 5 6 7 8 9 10 A. 11 Q. 12 13 14 15 A. 16 17 18 A. 19 Q. 20 21 22 23 Page 192 third paragraph states --1 take it back. It is the last sentence in the third paragraph. It states, in quotes, "1 can only suggest that you attempt to put Gustaf's mind at ease regarding the toxic aspects of these chlorinated biphenyls by playing down the medical reports and playing up proper system design." Do you see that? 1 do. Did Monsanto ever attempt to put its customers' minds at ease regarding PCB toxicity by playing down the medical reports of injuries caused by PCBs? Not to -- MR. PECK: Object the form of the question. Not to my knowledge. Okay. That's all 1 have on that document. For identification purposes, Papageorge Thirty-three is a document bearing Bate's numbers NEV 027584 Papageorge, William P.E. Vol I (fmr Anniston Mgr) in MARS HILL (former Monsanto Employee) Pages 189-192 HARTOLDMON0034430 Page 193 Page 195 1 through -- well, yeah -- through NEV 1 Dr. Richard's counterpart in the 2 027591. My hesitation was apparently 2 plasticizer business team. 3 one page doesn't have -- There it is. 3 Q. Okay. 4 MR. PECK: It is in the middle of 4 A. And Mr. Bergen was Dr. Richard's 5 the page. 5 supervisor, the head of the functional 6 MR. ATKIN: Yeah, the middle of 6 products business group. 7 the page. 7 Q. Well, Mr. Richard expressed the opinion 8 (Plaintiffs' Exhibit Number 8 in this document that Monsanto would 9 Thirty-three was marked for 9 have to clean up as much as we can, 10 identification.) 10 starting immediately, correct? 11 Q. Take your time to look at this. This is 11 A. 1 don't know if it is Dr. Richard 12 a memo from Mr. Richard of the research 12 personally or whether copying from the 13 center to Mr. Wheeler, dated September 13 blackboard where the notes were jotted 14 9th, 1969, regarding subject, defense of 14 down. Someone else might have offered 15 Aroclor fluids. 15 this as a thought. 16 A. 1 have scanned the exhibit. 16 Q. In any event, it is incorporated into a 17 Q. Okay. Part of the strategy that 17 document that is authored by 18 Monsanto devised to defend PCBs was to 18 Mr. Richard? 19 question the evidence that PCBs were 19 A. Correct. 20 harmful to the environment and to fish; 20 Q. And addressed to Mr. Wheeler? 21 isn't that right? 21 A. Correct. 22 A. That's correct. 22 Q. Did Monsanto ever adopt the policy that 23 Q. The last sentence on the first page 23 it had to clean up PCBs as much as it Page 194 Page 196 1 indicates that Monsanto decided that it 1 could? 2 had to clean up as much PCBs as it 2 A. Yes. 3 could, starting immediately, correct? 3 Q. Okay. How much of the PCBs in Anniston, 4 A. 1 don't know that 1 can -- This 4 Alabama did Monsanto in fact clean up? 5 represents a very rough draft of some 5 MR. PECK: Object to the form of 6 preliminary thoughts brought together by 6 the question. 7 a group. So it's a first pass attempt 7 A. 1 don't think 1 understand your 8 to jot down all the thoughts that were 8 question. Do you mean in terms of 9 shared at the time. So when you use the 9 pounds? 10 expression "this is Monsanto's 10 Q. Yeah. 11 decision," at this point in time it 11 A. 1 have no idea. 1 don't think anybody 12 wasn't an official Monsanto program as 12 does. 13 displayed in this document. 13 Q. In terms of pounds, how many pounds of 14 Q. Who was Mr. Richard? 14 PCBs were put into the landfill on 15 A. Mr. Richard was the director of research 15 Monsanto's property in Anniston, 16 for the functional products business 16 Alabama? 17 group. 17 A. 1 don't know. 18 Q. And he wrote this memo to Mr. Wheeler? 18 Q. Have any idea? 19 A. He addressed it to Mr. Wheeler, but it 19 A. No. 20 was intended for the recipients as well. 20 Q. How long did Monsanto manufacture PCBs 21 Q. Who were the recipients? 21 for in Anniston, Alabama? 22 A. Mr. Hodges was the environmental persor122 A. Monsanto itself from early '30, '31 or 23 in manufacturing. Dr. Farrar was 23 thereabouts, until 1971. Forty years. Papageorge, William P.E. Vol I (fmr Anniston Mgr) in MARS HILL (former Monsanto Employee) Pages 193-196 HARTOLDMON0034431 1 Q. 2 3 4 5 6 Q. 7 A. 8 Q. 9 A. 10 11 12 13 Q. 14 15 16 17 18 19 A. 20 21 Q. 22 23 Page 197 In 1971, do you know how many pounds 1 approximately of PCBs Monsanto was 2 A. manufacturing? 3 Q. MR. PECK: In Anniston or 4 A. anywhere? 5 In Anniston, Alabama. 6 Was manufacturing in '71? 7 Yes. 8 In '71 there was only about a five-month 9 operation. 1 don't recall the numbers. 10 It was a much reduced quantity for that 11 part year. 12 How about in the 1960s, on average? Do 13 you know how many pounds per year 14 Monsanto was manufacturing? 15 MR. PECK: In - 16 MR. ATKIN: In Anniston, Alabama, 17 Q. yes. Thank you. 18 A. They were approaching the thirty million 19 Q. pound a year quantity. 20 Is it accurate to say that there were at 21 a minimum millions of pounds of PCBs 22 A. manufactured by Monsanto in Anniston, 23 Page 199 in Anniston to dispose of PCBs? No. Why not? When the unit was installed, which was, as 1 remember, the '71 period, 1971 or thereabouts, the decision had been made to limit the sale of PCB products to many uses, which in turn required the shutdown of one of the two U.S. plants. And it was decided that the Anniston plant would be the one to go out of production. And the incinerator was then put at the east St. Louis, Illinois plant or Sauget, S-a-u-g-e-t, Illinois plants because that is where the operation was perceived to continue. Okay. I'm sorry. 1 misunderstood. No. 1 guess what I'm trying to understand is why did Monsanto not put an incinerator in Anniston? Because Anniston was no longer going to be a PCB center of activity. Page 198 Page 200 1 Alabama from -- 1 Q. What about the millions of pounds of 2 A. Yes. 2 PCBs that were in the landfill? 3 Q. - the 1930s through 1971? 3 MR. PECK: Object to the form of 4 A. Yes. 4 the question. 5 Q. And do you have any idea how many pounds 5 A. 1 think there is a definite 6 of PCBs manufactured in Alabama, in 6 misunderstanding. The incinerator will 7 Anniston, were put by Monsanto into a 7 burn pumpable liquids. It was not 8 landfill on its property? 8 designed to incinerate solid material. 9 A. No, 1 don't. 9 Q. Were all the materials in the landfill 10 Q. Okay. Did Monsanto ever ship PCBs from 10 at Anniston solids? 11 other sites to the landfill in Anniston, 11 A. The vast majority were solidified or 12 Alabama? 12 absorbed on solids. 13 A. Not to my knowledge, no. 13 Q. What do you mean by the vast majority? 14 Q. If you turn to page NEV 027590 -- 14 A. Let me put it a different way. At no 15 A. 1 have it. 15 time were liquid PCBs put in drums and 16 Q. According to this page, the second full 16 hauled up to the landfill. If the 17 paragraph specifically, it indicates 17 material was a liquid, it was introduced 18 that part of Monsanto's plan in 18 back into the manufacturing process to 19 September 1969 was to set up an 19 be recycled, to be recovered, because it 20 incinerator to handle Aroclor disposal, 20 was a product. It had some value. The 21 correct? 21 only material sent to the landfill was 22 A. Correct. 22 the material for which there was no 23 Q. Did Monsanto ever set up an incinerator 23 known use or no known way to make it Papageorge, William P.E. Vol I (fmr Anniston Mgr) in MARS HILL (former Monsanto Employee) Pages 197 - 200 HARTOLDMON0034432 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 Q. 16 17 A. 18 Q. 19 20 A. 21 Q. 22 23 Page 201 useful. And it included the tars that looked like road asphalt. It included dirty rags. It included sawdust with drippage on them, that kind of material. And they in turn were put in sealed containers. So it's erroneous to conceive of leaking, oozing liquid out of drums. MR. ATKIN: Okay. 1 think this might be a good place to stop, because the tape is going to run out in about a minute. (A lunch break was taken.) (By Mr. Atkin) Good afternoon, Mr. Papageorge. Good afternoon. Monsanto land-filled some returned Aroclors in its own landfill, correct? Yes. A little bit before lunch we were talking about the incineration of PCB contaminated solid waste? 1 2 3 4 5 6 Q. 7 8 A. 9 Q. 10 11 12 13 14 15 16 17 18 19 20 21 22 23 Page 203 two thousand degrees Fahrenheit. 1 personally could never find any technology that demonstrated that such units could be built and operate dependably. At any point in time or in the early '70s? When are you referring to? At any point, to this day. Okay. Let me mark this as Papageorge Thirty-five for identification -Thirty-four. These are several pages of deposition testimony that you gave in the matter of the City of Bloomington, et al., plaintiffs, versus Westinghouse Electric Corporation, defendants. (Plaintiffs' Exhibit Number Thirty-four was marked for identification.) MR. PECK: This objection is probably reserved, too. But as a practical matter, 1 just generally object to the Page 202 Page 204 1 A. We referred to the solid waste and 1 admission of prior deposition 2 incineration, yes. 2 testimony as an exhibit, 3 Q. Yes. Incineration of PCB contaminated 3 whether this will be offered 4 solid waste was technically feasible for 4 at trial. It is an improper 5 Monsanto, wasn't it? 5 way to use prior testimony. 6 MR. PECK: Object to the form of 6 But since this is a 7 the question. 7 deposition, I'll obviously 8 A. 1 don't know how to evaluate the 8 allow it to go forward. 9 feasibility to Monsanto, sir. We made a 9 Q. 1 refer you to page two thirty-nine, 10 survey of such units throughout the 10 sir, of that deposition, which 1 believe 11 country of the service. They were not 11 is the last page. 12 available. 12 A. It is. 13 Q. What do you mean, they were not 13 Q. Okay. And the question reads: "Did you 14 available? 14 ever develop a solid waste destruction 15 MR. PECK: Are you talking about 15 system?" 16 1970? 16 Answer: "Yes." 17 Q. Whenever. Tell me when. 17 Question: "Is it in operation 18 A. I'm talking the period of 1970, yes. 18 now?" 19 Q. What do you mean, they weren't 19 Answer: "No." 20 available? 20 Question: "Why not?" 21 A. In order to safely destroy PCBs you have 21 Answer: "We could not find enough 22 to exceed, as 1 recall, sixteen hundred 22 support for the use of that unit to 23 degrees Fahrenheit and preferably reach 23 justify building it." Papageorge, William P.E. Vol I (fmr Anniston Mgr) in MARS HILL (former Monsanto Employee) Pages 201 - 204 HARTOLDMON0034433 Page 205 Page 207 1 Question: "Not enough customer 1 sounds appropriate. 2 base?" 2 Q. Okay. So in fact Monsanto did increase 3 Answer: "Correct." 3 production of solid Aroclors in Anniston 4 Question: "But it is technically 4 in or about April 1969? It took on a 5 feasible, is it not?" 5 capital project to do that, didn't it? 6 Answer: "We demonstrated it, 6 A. Yes, sir. But this is terphenyls. 1 7 yes." 7 don't want to confuse you. This is -- 8 Question: "So that the goal of 8 Solid Aroclors are chlorinated 9 destroying solid waste through PCB -- 9 terphenyls. 10 through PCB contaminated solid waste 10 Q. Okay. You would agree with me, sir, 11 through incineration has been 11 wouldn't you, that Anniston, Alabama and 12 demonstrated to be technically feasible; 12 Sauget, Illinois should have been 13 isn't that correct?" 13 treated with equal levels of concern and 14 Answer: "Yes." 14 precaution by Monsanto? 15 Do you recall giving that 15 A. They were. 16 testimony, sir? 16 Q. And the same goes for the workers at the 17 A. Obviously, 1 did. 17 two plants, right? 18 Q. And do you recall testifying that it was 18 A. Yes. 19 technically feasible for the destruction 19 Q. And were the workers at the two plants 20 of solid waste through incineration? 20 protected with ventilation systems? 21 A. 1 think what we're describing here is a 21 A. Certainly. 22 technology that is offered as more of a 22 Q. And were they given gloves and booties 23 theory rather than actually 23 to wear? Page 206 Page 208 1 demonstrated. What disturbs me is where 1 A. Yes, sir. 2 1 said yes to has it been demonstrated 2 Q. And were they told to change their 3 as technically feasible. 3 clothes? 4 What 1 had in mind there, in the 4 A. Yes, sir. 5 laboratory you can reach those 5 Q. And was there any medical monitoring 6 temperatures; you can show destruction; 6 done? 7 you can show that the off gasses that 7 A. Yes, sir. 8 are generated don't contain PCBs. 8 Q. And they were given advice and warnings 9 When 1 answered your question 9 about PCBs? 10 previously, 1 was talking about a 10 A. Yes. 11 commercial unit, a full-size commercial 11 Q. Okay. Did Monsanto ever conduct an 12 unit operating at the high temperatures 12 epidemiological or health study of its 13 and not creating a pollution problem of 13 Anniston workers, those who had worked 14 a different type. 14 with the manufacture of PCBs? 15 Q. All right. Thank you. I'm done with 15 A. Epidemiology? 1 don't recall any. That 16 that exhibit. 16 doesn't mean it didn't happen. 17 Sir, do you recall whether in or 17 Q. Okay. Did Monsanto ever conduct an 18 about April 1969 Monsanto spent more 18 epidemiological or health study of the 19 than a million dollars to increase 19 residents of Anniston? 20 production of solid Aroclors at 20 A. Not to my knowledge. 21 Anniston? 21 Q. Did Monsanto ever determine or attempt 22 A. 1 recall the project. 1 don't recall 22 to determine the body burdens of PCBs in 23 the total dollars involved, but it 23 Anniston residents? Papageorge, William P.E. Vol I (fmr Anniston Mgr) in MARS HILL (former Monsanto Employee) Pages 205 - 208 HARTOLDMON0034434 Page 209 Page 211 1 A. Not to my knowledge. 1 PCBs? 2 Q. Did Monsanto ever tell the residents of 2 A. No. 3 Anniston that they might have elevated 3 Q. Did Monsanto ever examine the church for 4 body burdens of PCBs? 4 PCBs? 5 A. Not that 1 know of. 5 MR. PECK: What church? 6 Q. Did Monsanto analyze or determine the 6 MR. ATKIN: The Mars Hill 7 body burdens of PCBs in the workers at 7 Missionary Baptist Church. 8 the Anniston plant? 8 A. No, sir. No church. Nobody examined 9 A. 1 do not know of any. 9 any church for PCBs or any other 10 Q. Okay. Or at the Krummrich facility? 10 chemical, cyanides or ammonia or on and 11 A. 1 don't know that either. 11 on. 12 Q. Sir, if you took your grandchildren to 12 Q. Okay. If your daughter was pregnant, 13 church with you and the yard of the 13 sir, you wouldn't want her dusting a PCB 14 church was contaminated with PCBs, would 14 contaminated room or gardening in PCB 15 you think it prudent to warn them at 15 contaminated dirt or eating PCB 16 all? 16 contaminated fish, would you? 17 MR. PECK: Object to the form of 17 MR. PECK: Object to the form. 18 the question. 18 A. Sir, again, from what 1 know of the 19 A. If 1 took them to church and they what? 19 health effects of PCBs on humans, 1 20 Q. And the yard of the church was 20 don't find that a disturbing question in 21 contaminated with PCBs, would you think 21 terms of do 1 tell my pregnant daughter. 22 it prudent to warn them at all? 22 I'd have to know in particular the 23 MR. PECK: Object to the form of 23 levels of exposure to my daughter, not Page 210 Page 212 1 the question. 1 the levels present. There is a 2 A. Well, sir, I'd have to know the degree 2 difference. 3 of contamination and the opportunity for 3 Q. Would you let your daughter eat fish 4 that contamination to expose my children 4 that were contaminated with seventeen 5 to levels that would result in harm. 1 5 hundred parts per million of PCBs? 6 don't quite know how to --1 know 6 MR. PECK: Object to the form of 7 personally --1 took PCBs home in my 7 the question. 8 shoes. So you are talking about my 8 A. Yes, because 1 have nothing that tells 9 children being near PCBs, yeah, on the 9 me it is going to hurt her. 10 garage floor and the kitchen as 1 walked 10 Q. Okay. 11 in the house. So they were exposed to 11 A. Nothing exists, can't find it anywhere, 12 PCBs. 12 and 1 suspect you can't either. 13 Q. That wasn't my question. My question is 13 Q. Isn't it true, sir, that Monsanto has 14 would you think it prudent to warn your 14 not had any off-site contamination 15 grandchildren if you took them to church 15 problems at the Krummrich plant, PCBs? 16 with you and you knew that the church 16 A. Well, there have been allegations of 17 was contaminated with PCBs? 17 off-site PCB problems. 1 don't know 18 MR. PECK: Object to the form of 18 what you mean by Monsanto has no 19 the question. 19 problems. 20 A. Based on what 1 know of PCBs, 1 saw no 20 Q. Off-site PCB contamination problems. 21 reason to mention PCBs, as any other 21 A. Yes. 22 material that might be in that church. 22 Q. Is that true? 23 Q. Did you ever examine the church for 23 A. It has been -- The Monsanto plant in Papageorge, William P.E. Vol I (fmr Anniston Mgr) in MARS HILL (former Monsanto Employee) Pages 209 - 212 HARTOLDMON0034435 Page 213 Page 215 1 Sauget, Illinois has been accused of 1 A. Okay. I've read it. 2 being the source of off-site PCBs -- not 2 Q. The question reads: "(By 3 accused, alleged to be the source of. 3 Mr. Cunningham) 1 guess I'm curious as 4 Q. Now, sir, even if PCBs weren't 4 to why you would have bothered putting 5 considered an environmental contaminant, 5 that stuff out in the lagoon, why you 6 you would agree with me, wouldn't you, 6 wouldn't just let it get out into a 7 that it wasn't prudent or responsible 7 drainage ditch and go out to the creek 8 for Monsanto to discharge PCBs or any 8 or whatever. Was it your perspective 9 other materials straight into the 9 that good engineering practices in the 10 environment? 10 '60s would have mandated that a waste 11 MR. PECK: Object to the form of 11 stream that potentially would have 12 the question. It is unclear 12 contained PCBs should have been 13 as to time and a number of 13 segregated in the manner that you have 14 other factors. 14 described that you all did in that 15 A. I'd like to make a clarification or a 15 facility, at a minimum?" 16 distinction between the deliberate 16 The answer: "At a minimum, it is 17 introduction into the environment of a 17 just not prudent to discharge knowingly 18 stream resulting from a process as 18 any kind of industrial chemical, whether 19 compared to the occasional incident that 19 it be PCBs or any other material, and 20 occurs due to a repair or maintenance 20 the sediment that collected in that pond 21 problem or a leak that was not 21 was just the type thing you wouldn't 22 anticipated and was corrected. There is 22 want to discharge out into the 23 a difference between the occasional 23 environment. It just wasn't a practice Page 214 Page 216 1 introduction and the deliberate 1 that was considered to be responsible. 2 continual introduction. 2 That's all." 3 Q. Okay. We are going to mark as an 3 Do you remember giving that 4 Exhibit, Number Thirty-five to your 4 testimony? 5 deposition pages of testimony that you 5 A. Yes. This is another way of describing 6 gave in a case called Commonwealth of 6 what 1 just described to you earlier, 7 Kentucky versus Rockwell International 7 the deliberate disposal continuously, 8 Corporation and apparently several other 8 openly, as compared to the leak caused 9 cases consolidated with that case on 9 by a mishap of some sort. 10 September 3rd, 1993. 10 Q. Okay. We are done with that. 11 MR. PECK: Let me register the 11 Let me mark Papageorge Thirty-six 12 same objection to this being 12 for identification, which are copies of 13 used as an exhibit. It is 13 photographs of the Anniston facility and 14 improper use of prior 14 its environs in mid February 1982. And 15 testimony. 15 these were supplied to us by Monsanto's 16 (Plaintiffs' Exhibit Number 16 counsel. 17 Thirty-five was marked for 17 (Plaintiffs' Exhibit Number 18 identification.) 18 Thirty-six was marked for 19 Q. I'm referring specifically to the 19 identification.) 20 question and answer at the bottom of 20 Q. I'd like you to look at the lower 21 page fifty-nine and the top of page 21 photograph, if you could. 22 sixty. Or 1 will be referring to that 22 A. I'm looking at it. 23 in a minute. 23 Q. And I'll ask you, if you could, to Papageorge, William P.E. Vol I (fmr Anniston Mgr) in MARS HILL (former Monsanto Employee) Pages 213-216 HARTOLDMON0034436 1 2 3 A. 4 5 Q. 6 A. 7 Q. 8 9 10 A. 11 Q. 12 13 14 15 A. 16 17 18 Q. 19 A. 20 Q. 21 22 23 Page 217 identify, from this February 1982 photo, 1 the Mars Hill Missionary Baptist Church. 2 1 believe 1 see it in the -- about a 3 Q. half inch from the upper edge. 4 A. Okay. 5 Q. And almost to the middle. 6 A. Can 1 ask you just to designate with an 7 A what you believe to be the Mars Hill 8 Q. Missionary Baptist Church? 9 1 will put an A above it. 10 A. That will be great. 11 Q. Can you identify from this 12 A. photograph the plant boundary on the 13 east near Mars Hill? 14 Q. 1 am turned around. By east, are you 15 talking about toward the bottom of the 16 page? 17 Closest to the top, 1 guess. 18 A. Close to the top. 19 Q. Right, the plant boundary. Would it be 20 right by that road (indicating)? 21 A. MR. PECK: That photograph is a 22 shot taken -- that photograph 23 Q. Page 219 identified here near the upper right-hand corner. Yeah. Okay. How should 1 designate it? 1 guess you can put a B there. 1 will put a B in this upper right-hand corner. Thank you. And do you see any ponds on the landfill? My eyesight is not quite that good. Are those the ponds (indicating)? This looks like the pond, but I'm not positive. Okay. Can you put a C next to what you think appears to be the pond? MR. PECK: Object to the form of the question. 1 will put a C right over that area. Terrific. Now, sir, a lot of water runs off that landfill, doesn't it? 1 don't know what we mean by a lot. Do you mean during a cloud burst? 1 mean during the course of a year. Do Page 218 Page 220 1 is a shot looking toward the 1 you know how many inches of rain fall on 2 east. 2 that landfill every year? 3 A. I'm confused, sir. When you said plant 3 A. 1 don't know. But what you are talking 4 boundary -- 4 about is water created by rains? 5 Q. Right. 5 Q. Yeah. 6 A. 1 see that boundary is -- Are you saying 6 A. Okay. There is water obviously. 7 Monsanto property line -- 7 Q. Do you know how much? 8 Q. Yes. 8 A. No, 1 don't. 9 A. -- or the plant boundary? To me the 9 Q. Well, the water that -- The amount of 10 plant boundary was the roadway there. 10 water, the rainfall that falls on that 11 Q. Okay. That's fine. 11 landfill, it runs down right through 12 A. Just below here. 12 Mars Hill Missionary Baptist Church, 13 Q. Can you just draw a line and indicate 13 doesn't it? 14 where that is? 14 A. I'm not a hydrogeologist, sir. 1 15 A. On that one side of the plant. 15 can't -- 16 Q. That will be great. 16 Q. Well, looking at that photograph, would 17 A. That was the plant as the terminology 17 you agree that the rainwater that falls 18 used by -- 18 on that landfill runs down right through 19 Q. Right. 19 Mars Hill Missionary Baptist Church? 20 A. That's the plant boundary. 20 MR. PECK: Object to the form of 21 Q. Can you identify the south landfill for 21 the question. 22 us on that photograph? 22 A. 1 can visualize some of that water 23 A. The south landfill 1 believe 1 23 headed in that direction. 1 can also Papageorge, William P.E. Vol I (fmr Anniston Mgr) in MARS HILL (former Monsanto Employee) Pages 217 - 220 HARTOLDMON0034437 1 2 3 Q. 4 A. 5 6 Q. 7 8 9 10 11 12 13 14 Q. 15 16 17 18 19 A. 20 21 22 23 Q. Page 221 see other streams radiating down that 1 Q. hillside across the highway and so on. 2 Okay. 3 A. It is not channeled directly to the area 4 Q. you described. 5 A. Okay. We're done with that exhibit. 6 Q. Let's mark for identification 7 Papageorge Thirty-seven, which is 8 another series of photographs provided 9 A. by Monsanto's counsel. 10 (Plaintiffs' Exhibit Number 11 Thirty-seven was marked for 12 identification.) 13 A. Okay. These series of photographs show 14 pumps being used to empty the ponds on 15 Q. the landfill; is that right? 16 MR. PECK: Object to the form of 17 the question. 18 1 don't know. 1 see a pump on a 19 A. platform, and one of the photographs 20 shows a body of water next to it. I'm 21 not familiar with the setup. 22 Q. Okay. That's fair enough. 23 Page 223 Can you identify the pond on the landfill? Yes. Okay. Could you put a B next to that? (Executed by the witness.) And do you see -- Can you identify a waste pile uncovered on the landfill near the pond? 1 see a difference in colors here. 1 don't know -- MR. PECK: 1 object to the form of the question. 1 don't know what is a waste pile and what is -- Okay. Fair enough. Can you designate with a C the location where the old PCB production unit used to be? 1 will put the C in the clear area. And of course the area was on each side of the position of that C. Okay. Can 1 see that? (Witness hands document to Page 222 Page 224 1 Let's mark this for identification 1 counsel.) 2 as Papageorge Thirty-eight. This is 2 MR. ATKIN: Thank you. I'm sorry 3 just one photograph provided to us also 3 to do this, but 1 have to 4 by Monsanto's counsel. 4 take a second break. 5 (Plaintiffs' Exhibit Number 5 (A break was taken.) 6 Thirty-eight was marked for 6 (Plaintiffs' Exhibit Number 7 identification.) 7 Thirty-nine was marked for 8 MR. PECK: Wherever 1 put it, I'm 8 identification.) 9 going to cover up a slight 9 Q. Mr. Papageorge, we are going to hand you 10 portion of the photograph. 10 Exhibit Thirty-nine in a second. For 11 MR. ATKIN: Put it on the bottom, 11 identification purposes, this is a 12 then. 12 document bearing Bate stamp number -- 13 Q. Now, from this last photograph taken 13 It's two sets. I'll give you one set. 14 around 1978, can you identify for us 14 The first set is -- The second set is 15 Mars Hill Missionary Baptist Church? 15 FGL 0011379 through FGL 0011402. Okay? 16 A. Yes, sir. 16 A. 1 have it. 17 Q. 1 would put an A there, if you could. 17 Q. Okay. This appears to be a rough draft, 18 A. (Executed by the witness.) 18 11-10-69, of an outline for the PCB 19 Q. Can you identify the old PCB production 19 environmental pollution abatement plan, 20 unit? 20 correct? 21 A. The old unit is gone. 21 A. Correct. 22 Q. Is it gone already in this photograph? 22 Q. Do you know who drafted this? 23 A. Yes, sir. 23 A. There were several authors putting Papageorge, William P.E. Vol I (fmr Anniston Mgr) in MARS HILL (former Monsanto Employee) Pages 221 - 224 HARTOLDMON0034438 Page 225 Page 227 1 together portions. 1 one. 2 Q. Can you tell me who put together what? 2 Q. Okay. Any other allegations? 3 A. 1 don't know that 1 can do it quite that 3 A. 1 can't think of any right now. 4 precisely. 1 know that Mr. Elmer 4 Q. Were those allegations subsequently 5 Wheeler was involved and Dr. Richard. 5 borne out? 6 Q. Doctor -- 6 A. No. 7 A. W. R. Richard. 7 Q. When you say no, do you mean that PCBs 8 Q. What was Dr. Richard's title? 8 were not shown to have effects on 9 A. He was director of research for the 9 reproduction of wild birds or other 10 functional products group. 10 creatures? 11 Q. Okay. Anybody else? 11 A. The allegations that it affected wild 12 A. And Dr. Farrar, who was Dr. Richard's 12 bird reproduction were later attributed 13 counterpart in the plasticizer group, 13 by the leaders of the study groups that 14 and Mr. Hodges, Paul Hodges. 14 published these reports, were attributed 15 Q. Okay. Have you ever seen this document 15 to DDTs and its degradation product, 16 before? 16 DDD. 17 A. Yes, 1 have. 17 Q. So to your knowledge, the effects that 18 Q. Can you turn to page FGL 011387, please? 18 you are talking about on reproduction of 19 A. 1 have it. 19 animals has never been shown or proven 20 Q. Section A there is called "Legal 20 to be caused by PCBs? 21 Liability." Do you see that? 21 A. The wild animals reported at that time. 22 A. 1 see it. 22 Q. Which animals were those? 23 Q. It says, "Direct lawsuits are possible. 23 A. 1 recall the brown pelican off the coast 1 2 3 4 5 6 7 A. 8 9 10 11 12 13 14 15 16 17 18 19 20 Q. 21 A. 22 23 Page 226 The materials are already present in nature, having done their alleged damage." Do you know what the alleged damage being referred to here is? MR. PECK: Object to the form of the question. There were several allegations made regarding the kinds of things that PCBs could do in the environment. They were all at that point in time unconfirmed. This is why the expression "alleged damages" in this document appears in quotation marks. They referred to effects on the reproduction of wild birds in particular. The other allegations were suspected ailments, similar to the kinds of things the DDTs were being accused of at that time. What kinds of things were those? Presence in wild creatures and the possible effects on their ability to reproduce properly. That's the primary 1 2 3 4 5 6 7 8 9 10 11 Q. 12 13 14 15 A. 16 Q. 17 A. 18 19 20 21 Q. 22 23 A. Page 228 of Southern California. 1 recall the peregrine falcon in studies by the Cornell University researchers. 1 recall the allegation that was made that as a result of a north sea storm in which whales and birds were presumed initially to have been affected by PCBs -- And later it was determined that it was primarily a lack of sufficient food as well as severe storms. Okay. At some point in time were PCBs linked -- or PCBs shown, rather, to in fact have reproductive effects on certain animals? Yes. Okay. Which ones? There was the study sponsored by Monsanto which demonstrated that some of the PCBs had an effect on the reproduction ability of chickens. And what do you mean by it had an effect on the reproductivity of chickens? The eggs would not hatch. 1 have Papageorge, William P.E. Vol I (fmr Anniston Mgr) in MARS HILL (former Monsanto Employee) Pages 225 - 228 HARTOLDMON0034439 Page 229 Page 231 1 forgotten the levels of PCB in the diet. 1 1 show you what will be marked as 2 But there was a level before the effect 2 Papageorge Exhibit Forty for 3 was noted. 3 identification. This is a two-page 4 Q. Okay. Other than the chickens, any 4 document bearing Bate's number DSW 5 other animals or species that you recall 5 014096 through 014097. It appears to be 6 were shown -- that PCBs were shown to 6 a memo from Mr. Landwehr of the Anniston 7 have an effect, reproductive or 7 plant to the medical department, dated 8 otherwise? 8 August 18th, 1970. 9 A. When you say otherwise, there was a 9 (Plaintiffs' Exhibit Number 10 study made at a fisheries laboratory in 10 Forty was marked for 11 Gulf Shores, Alabama, 1 think it is. It 11 identification.) 12 might be Florida, Gulf Shores, Florida. 12 A. I'm confused, sir. You said to the 13 MR. PECK: Gulf Shores is Alabama. 13 medical department -- 14 A. Alabama. But anyway -- 14 Q. I'm sorry. From the medical department 15 MR. PECK: At least the one I'm 15 to Mr. Landwehr. Thank you. Thank you 16 thinking of is. 16 for clarifying that. 17 MR. CUNNINGHAM: But 1 think he is 17 And 1 think you told us yesterday, 18 right. 1 think it was Gulf 18 but could you just tell us who is 19 Shores Laboratory in 19 Mr. Landwehr? 20 Pensacola. 20 A. Mr. Landwehr was the individual that 21 A. Off Pensacola, there is an island, a 21 headed up the technical services 22 laboratory in which they conducted a 22 department at the Anniston plant. 23 study and determined that low levels of 23 Q. And this is written to him by Page 230 Page 232 1 PCBs affected newly hatched shrimp, 1 Mr. Garrett of the medical department, 2 juvenile shrimp, the very young. 2 correct? 3 Q. When you say affected, what do you mean 3 A. Correct. 4 by affected? 4 Q. Have you ever seen this before? 5 A. Killed them. 5 A. Have 1 seen it, yes, sir. 6 Q. What levels of PCBs? 6 Q. Okay. Do you recall when you last saw 7 A. 1 don't remember the number. It is a 7 it? 8 very low level. 8 A. Just the other day. 9 Q. Okay. If you look at that paragraph we 9 Q. Is this -- What do you mean, just the 10 were just looking at, the next sentence 10 other day? When did you see it? 11 says, "All customers using the products 11 A. 1 was talking to our attorneys, as 1 12 have not been officially notified about 12 remember. 13 known effects, nor do our labels carry 13 Q. And you reviewed this document with 14 this information." 14 them? 15 Is it accurate to say that as of 15 A. 1 believe 1 did. It looks very 16 November 1969 Monsanto's customers had 16 familiar. 17 not been notified about the known 17 Q. Okay. In the last paragraph -- 18 effects of PCBs? 18 MR. PECK: Now we know he did 19 A. In '69, no, because those effects were 19 something with them. 20 recent news. 20 Q. The last paragraph states, "Crockett 21 Q. So it is accurate to say that? 21 told me that if this PCB issue hits the 22 A. Yes. 22 Alabama press, the Alabama Water 23 Q. Okay. We can put that one away. 23 Improvement Commission would be forced Papageorge, William P.E. Vol I (fmr Anniston Mgr) in MARS HILL (former Monsanto Employee) Pages 229 - 232 HARTOLDMON0034440 Page 233 Page 235 1 to close Choccolocco Creek and the 1 reason 1 put them together is 2 Martin Logan Reservoir to commercial and 2 it appears that the 3 sport fishing unless we can prove that 3 handwritten document -- the 4 the contamination level does not reach 4 text of that actually makes 5 the reservoir." 5 its way into item 4(c) on 6 Were you aware that Crockett had 6 page DSW 013776. 7 warned Mr. Garrett about the possible 7 Q. Do you see that? 8 closure of Choccolocco Creek in August 8 A. 1 see some similarities, and yet it is 9 of 1970? 9 not exactly alike. 1 see a reference on 10 A. 1 was aware of it a few weeks after the 10 the handwritten copy of ten man days 11 date of this memo. 11 compared to the typewritten on the 12 Q. Did the AWIC close Choccolocco Creek at 12 second page of twelve man days. 13 any time? 13 Q. Right. 1 was actually referring to the 14 A. Not that I'm aware of. 14 first part, which states, "Clean up Snow 15 Q. Okay. Did Monsanto take any steps or 15 Creek." On the handwritten part it 16 actions in response to this memo? 16 states, "Clean up Snow Creek, PCB 17 A. Well, certainly we were in the midst of 17 removal from any specified area from our 18 doing many things that would lead to 18 fence to Choccolocco." And then it 19 actions that would respond to this in 19 says, "1971, avoid if possible, but 20 terms of how to sample, how to analyze, 20 prepare for action." 21 where to sample, how to prevent further 21 And when you compare that to the 22 generation of waste, all the -- The 22 text under item 4(c) on page DSW 013776, 23 whole program was aimed to this kind of 23 that states, "Clean up Snow Creek and Page 234 Page 236 1 end results. 1 area monitoring, PCB removal from any 2 Q. Okay. I'm done with that memo. 2 area from our fence to Choccolocco, 3 (Plaintiffs' Exhibit Number 3 avoid if possible, but be prepared for 4 Forty-one was marked for 4 action." That is the part I'm referring 5 identification.) 5 to. 6 Q. I'm going to hand you two documents 6 Does this indicate that this 7 together as the next exhibit and mark 7 handwritten document, DSW 013810, was in 8 them together as Exhibit Forty-one. 8 fact written by Mr. Landwehr? 9 They are -- The first document -- It is 9 MR. PECK: Object to the form of 10 two pages. The first document bears 10 the question, speculation. 11 Bate's number DSW 013810. It appears to 11 A. That 1 don't know, sir. It could be one 12 be handwritten notes. And the second 12 of Mr. Landwehr's staff. 13 document is page three of another 13 Q. Do you recognize the handwriting on this 14 document. 1 don't have the first couple 14 document? 15 of pages here with me. It is page three 15 A. No, 1 do not. 16 of a document that is signed by 16 Q. Okay. Is it true, sir, that in 1971 17 Mr. Landwehr, bearing Bate's number DSW 17 Monsanto wanted to avoid cleaning up 18 013776. 18 Snow Creek if at all possible? 19 MR. PECK: These documents don't 19 A. Not Monsanto, no. 20 originally go together, but 20 Q. Well, Mr. Landwehr? 21 they are stapled now? 21 A. Somebody. 22 MR. ATKIN: They don't appear to 22 Q. Somebody at Monsanto? 23 go together. Okay. The 23 A. Handwrote that thought on this first Papageorge, William P.E. Vol I (fmr Anniston Mgr) in MARS HILL (former Monsanto Employee) Pages 233 - 236 HARTOLDMON0034441 Page 237 Page 239 1 page. 1 deemed successful, and their results 2 Q. And that thought is actually also 2 were never published. 3 expressed on the second page that is 3 Q. Do you know why they weren't deemed 4 signed by Mr. Landwehr, is it not? 4 successful? 5 A. That is true. 5 A. 1 do not. 6 (Plaintiffs' Exhibit Number 6 Q. Was there a concern at Monsanto about 7 Forty-two was marked for 7 the FDA's request for Aroclor samples? 8 identification.) 8 A. 1 don't think it's a concern, but it's 9 Q. Thank you. 1 hand you for 9 an observation that this is unusual for 10 identification Papageorge Forty-two, 10 the FDA to ask for industrial chemical 11 which is a one-page document bearing 11 samples. 12 Bate's number MONS 099126. It appears 12 Q. Okay. In the second paragraph 13 to be a memo from W. R. Richard to N. W. 13 Dr. Richard states, "This is a clear 14 Farrar dated September 1 st, 1971, 14 signal that the chlorinated terphenyl 15 correct? 15 Aroclor 5460 is on the target list." 16 A. September 1st. 16 Do you know what Dr. Richard meant 17 Q. September 1st. What did 1 say, 17 by the "target list"? 18 December? 18 A. 1 believe 1 do. 19 A. December. You lost three months. 19 Q. Can you tell us? 20 Q. I'm getting a little tired. I'm sorry. 20 A. Dr. Richard at that point in time 21 September 1 st, 1971. And you were a 21 thought the target list was the 22 recipient of this memo, correct? 22 chlorinated biphenyls, the 1221 through 23 A. 1 was. 23 1262 types. That's his target list. Page 238 Page 240 1 Q. Do you recognize this document? 1 And he is pointing out that now we see a 2 A. I've seen it before, yes. 2 chlorinated terphenyl added to that 3 Q. Flave you seen it recently? 3 list. 4 A. No. 4 Q. What did he mean by "target list"? 5 Q. Who was Mr. Farrar, again? 5 MR. PECK: Object to the form of 6 A. Fie was Dr. Richard's counterpart over in 6 the question. 7 the other business group involving PCBs. 7 A. A list -- It's a list containing 8 Q. In the first paragraph -- Is it 8 materials of interest in this case to 9 Mr. Richard or Dr. Richard? 9 the FDA, that they are going to conduct 10 A. Doctor. 10 some further studies on their own. 11 Q. -- Dr. Richard indicates the FDA was 11 Q. So the terminology "target list," was 12 asking for samples of Aroclor 5460, 1221 12 that the FDA's terminology? 13 through 1262, 5060, and 5460. 13 A. No. It was Dr. Richard's terminology. 14 Do you know why the FDA was asking 14 Q. Okay. At the end of the second 15 for samples of those Aroclors at that 15 paragraph Dr. Richard states, 16 time? 16 "Replacement products are indicated 17 A. They were interested in the toxic 17 unless you gentlemen think that the 18 effects of these commercial chemicals. 18 above compounds will be medically 19 Q. Did the FDA conduct any feeding studies 19 acceptable." 20 or teratogenic testing on these 20 Do you know what Dr. Richard meant 21 Aroclors? 21 when he said medically acceptable? 22 A. As best 1 recall, they started them, but 22 A. 1 can tell you my interpretation of 23 for some reason or other they were not 23 that, because when he says, "you Papageorge, William P.E. Vol I (fmr Anniston Mgr) in MARS HILL (former Monsanto Employee) Pages 237 - 240 HARTOLDMON0034442 1 2 Q. 3 A. 4 5 6 7 8 9 Q. 10 11 12 13 14 15 16 17 A. 18 19 Q. 20 21 22 23 A. Page 241 gentlemen," I'm part of that group. Okay. What it meant to me, 1 would consult with our medical department and get an opinion whether or not these industrial chemicals are hazardous or not; and if so, under what conditions and what uses should we continue making them. And was a determination made -Withdrawn. I'm sorry. When he said replacement products, was he referring to replacement products for Aroclor 5460, or were all of the Aroclors mentioned in the memorandum? MR. PECK: Object to the form of the question. All of them, because it is plural, above compounds. And was a determination in fact made at some point in time as to whether or not these compounds were in fact medically acceptable? Yes, it was made. 1 2 Q. 3 A. 4 5 6 7 8 Q. 9 10 11 A. 12 Q. 13 14 15 A. 16 Q. 17 A. 18 19 20 21 22 23 Page 243 plasticizer sales group. Okay. Do you know who they were? There must have been thirty or forty of them. 1 don't propose to know them all. The field salesmen, their district managers, and the team leaders back in the St. Louis home office. Do you know who it was specifically that indicated that -- or gave the response that A1221 and A5460 were okay? 1 don't know who he talked to. Okay. Do you know what Dr. Farrar meant when he said that 1221 and 5460 were okay? 1 have an opinion. Could you offer it to us? That it was okay because from his contacts with individuals and obviously conversations and what have you, he came back with the information that Aroclor 1221 and 5460 were not known to cause any kind of health problems by anybody. And if you recall, the 1221 was the 1 Q. 2 A. 3 4 5 6 7 8 9 10 11 12 Q. 13 14 A. 15 Q. 16 A. 17 Q. 18 19 20 21 22 A. 23 Page 242 When was that determination made? The animal studies conducted on the PCBs were completed in -- by 1972 and demonstrated that high levels of some of these materials could cause sicknesses. And it was not demonstrated that they were extremely toxic and hazardous. So medically speaking, not only within Monsanto but FDA, they were medically acceptable under proper usage conditions. In the notes, handwritten notes on the side of that memo -1 see them -Okay. Is it Dr. Farrar or Mr. Farrar? Doctor. Dr. Farrar states that the marketing people told him that A1221 and A5460 are okay, perhaps this will change. Do you know which marketing people Dr. Farrar was referring to? These were the marketing individuals in the Monsanto group referred to as the 1 2 3 Q. 4 5 A. 6 Q. 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 Page 244 monochloro biphenyl and the 5460 is a chlorinated terphenyl. Okay. And did Monsanto's position that 1221 and 5460 were okay ever change? No. It stays the same. Okay. I'm done with that. And that brings us to Papageorge Exhibit Number Forty-three. (Plaintiffs' Exhibit Number Forty-three was marked for identification.) MR. PECK: It looks like Plaintiffs' Exhibit Forty-three is kind of -- the Bate's numbers just don't run together. It looks like an amalgamation. It looks like the first Bate's number is FGL 0100442, and the next stapled page is FGL 02406 that is four maybe -- five, which is obviously not an exact consecutive page. Papageorge, William P.E. Vol I (fmr Anniston Mgr) in MARS HILL (former Monsanto Employee) Pages 241 - 244 HARTOLDMON0034443 1 2 3 4 Q. 5 6 A. 7 Q. 8 9 A. 10 Q. 11 A. 12 13 14 15 16 Q. 17 A. 18 19 Q. 20 21 22 A. 23 Q. Page 245 MR. ATKIN: Right. Okay. Well, 1 why don't we do this: 2 We'll keep them together. 3 You could look specifically at the last 4 two pages. 5 1 have glanced at them. 6 Okay. Thank you. Do you know what this; 7 document is? 8 Yes. 9 What is it? 10 This is a copy of a special undertaking 11 between General Electric and Monsanto 12 regarding the continued supply of 13 polychlorinated biphenyls to General 14 Electric Company. 15 This is a hold harmless agreement? 16 That is an expression that is used to 17 describe it, yes. 18 Q. Especially by lawyers. Were you 19 involved at all in drafting this 20 document? 21 No. 22 Do you know who was? 23 Page 247 and its people would be monitored by the top officials of the company in terms of what was being done to prevent PCBs from being misused, mishandled, on and on. And also it was believed that if a vice president signed a document like this and his plants or his organization needed funding, like more doctors or more industrial hygienists or more environmental analysts, they would see to it that the funds and authority was given to pursue these projects that would be required to control PCBs. So it was at least a two-fold purpose. One was to get it in writing, a commitment, and the other one is to prod for the right kind of action. Okay. At the bottom of the first page -- Not the first page of that exhibit, the first page of the hold harmless agreement. It states that the buyer of PCBs will hold Monsanto harmless from any adverse effect of PCBs on humans. Page 246 Page 248 1 A. Not specifically. It was a legally 1 Do you see that? 2 developed document. 2 A. 1 do. 3 Q. Okay. Do you know when Monsanto first 3 Q. What adverse effects of PCBs on humans 4 requested that its customers sign hold 4 was Monsanto insisting it be held 5 harmless agreements in connection with 5 harmless for? 6 their purchase of PCBs? 6 MR. PECK: Object to the form of 7 A. It started in December of 1971, when 7 the question. 8 they were first approached. 8 A. Anything that would be alleged, real or 9 Q. Did Monsanto begin asking its customers 9 imagined. 10 to sign hold harmless agreements because 10 Q. Okay. I'm done with that. Thank you. 11 it was concerned about being held liable 11 1 hand you what will be marked as 12 for PCB-related injuries? 12 Papageorge Forty-four for 13 MR. PECK: Object to the form of 13 identification. It's a document bearing 14 the question. 14 Bate's number DSW 014379 through DSW 15 A. Well, that was one of the concerns, but 15 014382, which is a three-page document 16 there were other concerns that were 16 with a cover memo, a document written by 17 deemed much more important. 17 Mr. D. B. Flosmer, Fl-o-s-m-e-r, and 18 Q. What were the other concerns? 18 numerous recipients, including 19 A. For example, it was sincerely believed 19 Mr. Papageorge. 20 that if a high official of vice 20 (Plaintiffs' Exhibit Number 21 president level in the customer's 21 Forty-four was marked for 22 organization signed off a document like 22 identification.) 23 this, it's more likely that the customer 23 A. That is correct. Papageorge, William P.E. Vol I (fmr Anniston Mgr) in MARS HILL (former Monsanto Employee) Pages 245 - 248 HARTOLDMON0034444 1 Q. 2 A. 3 Q. 4 5 A. 6 Q. 7 8 A. 9 Q. 10 11 12 A. 13 Q. 14 A. 15 16 17 18 19 20 Q. 21 22 A. 23 Q. Page 249 Do you recall seeing this memo before? 1 Yes, sir. 2 Okay. Do you recall when you last saw 3 A. this memo? 4 Q. About a week ago. 5 Okay. Is that when you met with your 6 attorneys? 7 Yes, sir. 8 This is one of the documents that you 9 reviewed in connection with the 10 A. preparation for your deposition today? 11 Q. Yes, sir. 12 Who is Mr. Hosmer? 13 At that point in time Mr. Hosmer was the 14 individual in the organic chemicals 15 A. division manufacturing unit that 16 Q. addressed, among several things, the 17 A. environmental issues for that organic 18 chemicals division. 19 Q. Is he still with the company; do you 20 A. know? 21 Q. No. He is deceased. 22 On the first page of text, which is DSW 23 Page 251 Anniston plant that were in fact in violation of the Federal Refuse Act? Not to my knowledge. Well, did Mr. White represent that emissions had been detected from the Anniston plant that were in violation of the Federal Refuse Act? MR. PECK: Object to the form, lack of foundation. Yes, he did represent that. In the next paragraph -- Withdrawn. Okay. In the first full paragraph on the second page, DSW 014381, do you see that? The first full paragraph? The first full paragraph. The one that starts with, "There was considerable"? Yes. 1 see that. It states, "There was considerable discussion concerning the limiting level of PCB that should be permitted in the Page 250 Page 252 1 014380 - 1 discharge. Mr. White suggested no 2 A. 1 have it. 2 detectable amounts." And it also 3 Q. -- Mr. Hosmer indicates that John White 3 indicates that Mr. Crockett and the 4 of the EPA requested a meeting with 4 Monsanto personnel pointed out that this 5 Monsanto. Do you know why? 5 was an undesirable approach. 6 A. Do 1 know Mr. White? 6 Were you -- You weren't at the 7 Q. No. Do you know why he requested a 7 meeting, were you? 8 meeting? 8 A. 1 was not. 9 A. As best 1 recall, it had something to do 9 Q. Why did Monsanto and Mr. Crockett feel 10 with the FDA and its interest in PCBs in 10 that no detectable amount of PCBs was an 11 fish. And the Atlanta EPA was involved 11 undesirable approach? 12 because this source of PCBs was presumed 12 MR. PECK: Object to the form of 13 to be environmental as distinguished 13 the question. 14 from animal feeds. 14 A. 1 can -- 15 Q. Okay. Now, subparagraph one on that 15 MR. PECK: Go ahead. 16 page - 16 A. One can reach the no detectable amount 17 A. 1 see it. 17 by introducing extreme volumes of water, 18 Q. -- states that Mr. White had recommended 18 diluting the concentration down to the 19 that a suit be initiated against the 19 point where the instrumentation will 20 Anniston plant for PCB emissions under 20 show no detectable amount. This does 21 the Federal Refuse Act, correct? 21 not reduce the amount of PCBs that are 22 A. That's what it states, yes. 22 there and escaping the system. 23 Q. And had emissions been detected at the 23 So it was suggested, if you read Papageorge, William P.E. Vol I (fmr Anniston Mgr) in MARS HILL (former Monsanto Employee) Pages 249 - 252 HARTOLDMON0034445 Page 253 Page 255 1 further on, there is a better way to 1 the question. 2 control the PCBs to the environment, 2 A. That is normal procedure, sir. If there 3 which would include reducing the water 3 is a group of individuals representing 4 volume and also reduce the concentration 4 Monsanto, they kind of get together and 5 down to a detectable amount so you can 5 describe what they are expected to do 6 manage it and you know what you are 6 when they get to a meeting and what each 7 losing rather than losing it because the 7 of them knows about the issue and what 8 technology can't detect it. 8 each one can contribute. So there is 9 Q. In the paragraph that is paragraph one 9 coordination of a team effort, if you 10 on that page -- 10 will. 11 A. Yes. 11 MR. PECK: He is asking you 12 Q. It says, "As a result of the meeting the 12 whether or not -- 13 following agreements were reached: One, 13 Q. I'm asking you whether or not they got 14 Mr. Crockett and Mr. White will agree 14 together with Mr. Crockett, not whether 15 upon an interim permissible level for 15 they got together themselves. 16 PCB emissions to be provided in the 16 A. 1 didn't understand your question. 17 Refuse Act permit. Obviously, 17 MR. ATKIN: Thank you for 18 Mr. Crockett will press for a number in 18 clarifying that. 19 excess of our zero point three pounds 19 A. Oh, that 1 don't know. 20 per day current level." Do you see 20 Q. The subparagraph three on that page 21 that? 21 states, "A summary report outlining our 22 A. 1 do. 22 past work and future plans will be 23 Q. How did Monsanto know that Mr. Crocket 23 written and sent to the EPA office via Page 254 Page 256 1 was going to press for an emission limit 1 Mr. Crockett's office." Do you see 2 above Monsanto's then existing emissions 2 that? 3 limit? 3 A. 1 do. 4 A. Since 1 wasn't there, sir, 1 don't know 4 Q. Do you know if such a summary was ever 5 personally. 5 sent? 6 Q. Okay. Did you ever have any discussions 6 A. 1 know a summary was sent to 7 with anyone about that, about what is 7 Mr. Crockett's office. 8 written right here? 8 Q. Do you know why it was sent to 9 A. 1 have had discussions, yes. And 1 was 9 Mr. Crockett's office before going to 10 led to believe that Mr. Crockett was 10 the EPA? Why wasn't it sent directly? 11 preferring starting at a higher level in 11 A. Well, we got the impression that 12 case he was forced to drop it. 12 Mr. Crockett was representing the PCB 13 Q. Okay. Did Monsanto coordinate its 13 activity in the state, and he's the one 14 strategy regarding this meeting with 14 that had the contact with EPA. And we 15 Mr. Crockett before the meeting took 15 felt that we would continue that 16 place? 16 procedure of working through 17 MR. PECK: Object to the form of 17 Mr. Crockett's office. 18 the question. 18 Q. Okay. Do you know if Mr. Crockett 19 A. Did Monsanto do what, sir? 19 reviewed or commented on the summary 20 Q. Coordinate its strategy regarding this 20 before it actually went to the EPA? 21 meeting with Mr. Crockett before the 21 MR. PECK: Object to the form of 22 meeting took place? 22 the question. 23 MR. PECK: Object to the form of 23 A. 1 do not know. Papageorge, William P.E. Vol I (fmr Anniston Mgr) in MARS HILL (former Monsanto Employee) Pages 253 - 256 HARTOLDMON0034446 1 Q. 2 3 4 5 A. 6 Q. 7 8 9 10 11 12 A. 13 Q. 14 15 16 17 A. 18 Q. 19 20 21 A. 22 Q. 23 Page 257 Do you know if Mr. Crockett made any 1 suggestions, any suggested changes to 2 the summary before it was sent to the 3 EPA? 4 1 do not know. 5 Paragraph -- subparagraph four states 6 Q. that Monsanto's monthly reports on PCB 7 effluents would be sent to Mr. White via 8 Mr. Crockett. 9 Were such monthly reports ever 10 A. sent to Mr. White? Do you know? 11 1 do not. 12 And obviously you don't know whether 13 Mr. Crockett ever reviewed or commented 14 on monthly reports before they were sent 15 Q. to the EPA? 16 A. 1 do not. 17 Q. Or made any suggested changes to the 18 reports before they were sent to the 19 EPA? 20 1 don't know that. 21 Q. Okay. On the last page of the document, 22 the third to last paragraph, it states 23 Page 259 PCBs and create further problems, and you ended up with a collection of diggings that had to be taken somewhere else. So all you would do is transplant your problem rather than solve it. So this -- Withdrawn. And that is why in your view Monsanto believed that dredging Snow Creek was undesirable; is that right? Dredging Snow Creek with the technology known at the time, it was perceived to be undesirable and preferably leave it alone, don't disturb it, and you won't hurt anything. Was Snow Creek ever dredged? I'm not so informed. 1 don't know. I'm done with that. (Plaintiffs' Exhibit Number Forty-five was marked for identification.) I'm going to hand you what is being marked as Papageorge Forty-five for identification. This is a document 1 2 3 4 5 6 7 8 9 10 A. 11 12 13 14 15 16 17 18 19 20 21 22 23 Page 258 -- Mr. Hosmer is writing -- "It was 1 suggested by Mr. White that it might be 2 desirable to dredge Snow Creek. 1 3 believe we convinced him that this is 4 undesirable." 5 Do you know why Mr. White believed 6 that Snow Creek should be dredged? 7 MR. PECK: Object to the form of 8 the question. 9 As 1 understood it at the time, 10 Mr. White was really just beginning to 11 understand the PCBs and how they be 12 behave in the environment. And he 13 assumed that PCBs were like most other 14 materials, you just scoop them up and 15 you can get rid of them. Well, PCBs are 16 not that -- What is the word 1 want? 17 They are not that easy to deal with. 18 And the concern amongst those who had 19 experienced PCBs to a greater extent, it 20 appeared to be a case of if one went in 21 there with bulldozers and shovels and 22 what have you, you would stir up those 23 Page 260 bearing Bate's number ACM 002501 through ACM 007294. MR. PECK: Well, the document-The Bate's number -- MR. ATKIN: There aren't that many pages. That would have to be two hundred pages, right? MR. PECK: Yeah. The page numbers take a jump, it looks like, at ADM -- It looks like you have got ADM 002501 through ADM 002504, and then we change to a new Bate's number set that goes from ADM 007275, it looks like, successively to 007295. MR. ATKIN: Right. It looks like there are two documents again. MR. PECK: Did you want to keep them together? MR. ATKIN: Well, 1 think so, because 1 think that the Papageorge, William P.E. Vol I (fmr Anniston Mgr) in MARS HILL (former Monsanto Employee) Pages 257 - 260 HARTOLDMON0034447 Page 261 Page 263 1 latter documents are 1 the technology of analytical chemistry 2 attachments perhaps that 2 available. Those are the -- some of the 3 Mr. Papageorge forwarded on, 3 thoughts that came out. But I'd have to 4 but 1 guess we'll ask him and 4 see the write-up to be able to be more 5 see if it becomes clear. 5 specific. 6 MR. PECK: Okay. 6 Q. Okay. Do you recall what then existing 7 Q. Let me ask you first about the first 7 conditions of manufacture and use made 8 document, which is a January 18th, 1974 8 the proposals objectionable to Monsanto? 9 letter that you wrote to the hearing 9 A. Not, again, in detail. I'd have to see 10 clerk of the U.S. EPA. 10 the listing. As 1 recall, they were in 11 A. Yes. 11 a way discounting the beneficial 12 Q. Do you recognize this letter? 12 characteristics of the PCBs, like fire 13 A. 1 do. 13 resistance and how effective they were, 14 Q. Do you recall writing it? 14 for example, in electrical uses, without 15 A. Yes, sir. 15 explosions and the like. 16 Q. Is that your signature on page four? 16 Q. How does that relate to Monsanto's then 17 A. It is. 17 existing conditions of manufacture and 18 Q. Why did you write this letter? 18 use? 19 A. It was in response to a proposal in the 19 A. Well, the use here is for Monsanto and 20 federal register in which they solicited 20 its customers. The manufacture would 21 comments from interested parties. 21 apply to Monsanto. There are two 22 Q. On page one, in the third paragraph, you 22 populations involved here. 23 state that Monsanto felt that the EPA 23 Q. Do you recall how the proposal was Page 262 Page 264 1 proposals were unrealistically 1 deemed objectionable because of the 2 restrictive, not supported by currently 2 conditions of manufacture by Monsanto? 3 available data, and not warranted under 3 A. What about the proposal? 4 the present conditions of manufacture 4 Q. I'm sorry. 5 and use. Do you see that? 5 A. As best as 1 recall, it had to do with 6 A. Yes, 1 do. 6 the requirement that any water 7 Q. Which EPA proposals were you objecting 7 associated with the process would have 8 to? 8 such a level of PCBs that the analytical 9 A. I'd have to see the federal register to 9 methodology would not be able to detect. 10 read this subpart one referred to. 1 10 That is just one example of the kinds of 11 don't remember the details on that. 11 things they were referring to. 12 Q. Okay. Do you recall -- Without getting 12 Q. Okay. At the bottom -- Rather, at the 13 into all the specifics, do you recall 13 top of page two, you state that Monsanto 14 what it was about the proposal that you 14 wanted to testify regarding its 15 felt was unrealistically restrictive? 15 objections to the EPA proposals, 16 A. Not specifically. 1 recall their 16 correct? 17 attempt to define what PCBs are, and it 17 A. It does. 18 was not scientifically accurate, as 1 18 Q. Okay. Did Monsanto ever testify at a 19 remember. And then there was, as best 1 19 hearing on those proposals? 20 recall, a proposal regarding the amount 20 A. Yes, sir. 21 of PCBs which would be tolerated in 21 Q. Who testified on behalf of Monsanto? 22 water samples. And it appeared that the 22 A. If 1 recall correctly, 1 think 1 was the 23 -- that requirement couldn't be met with 23 one. Papageorge, William P.E. Vol I (fmr Anniston Mgr) in MARS HILL (former Monsanto Employee) Pages 261 - 264 HARTOLDMON0034448 Page 265 Page 267 1 Q. Okay. Do you recall when? 1 Q. On page four of the minutes, which is 2 A. No, 1 don't. 2 Bate's number ADM 007284 -- 3 Q. Do you recall what the substance was of 3 A. 1 have it. 4 your testimony? 4 Q. -- Dr. Tucker of Monsanto indicates that 5 A. Again, not in detail. But 1 do recall 5 "Researchers other than Monsanto have 6 proposing the ten parts per billion 6 found bacterial degradation of PCBs and 7 level of detection and the -- I'm trying 7 that PCBs have been found to undergo 8 to also recall --1 think we commented 8 metabolism in both aviarian and 9 on the analytical methodology and 9 mammalian animals." Do you see that? 10 offered copies of Monsanto's 10 A. 1 do. 11 methodology. 11 Q. Do you know what other research 12 Q. Do you recall what the EPA's response 12 Dr. Tucker was talking about when he was 13 was to your testimony? 13 talking about researchers other than 14 A. Not in detail, but it was favorable. 14 Monsanto? 15 They listened. 15 A. Not at the moment. 1 don't recall. 16 Q. Did they change their proposals in any 16 Q. Okay. Do you recall whether the 17 way? 17 degradation and metabolism effects that 18 A. To a degree, yes, they did. They did 18 Dr. Tucker was talking about were found 19 not go back to their original. They did 19 for all of the PCB products that 20 modify it as a result of these hearings; 20 Monsanto was manufacturing? 21 not just Monsanto, but others that were 21 A. Well, portions of all the products. 22 there. So I'm under the impression that 22 Q. What do you mean by that? 23 some of what we said impressed them 23 A. There are components within these Page 266 Page 268 1 enough for them to reconsider. 1 commercial mixtures that were affected, 2 Q. Do you recall specifically which aspects 2 but not all of the PCBs that were 3 of the proposed regulations were 3 present were affected. 4 changed? 4 Q. Okay. We can go on to the next 5 A. Not really. I'd have to see the final 5 document. 6 regulations. 6 MR. PECK: Can we take a break? 7 Q. Now, attached to this letter, the second 7 MR. ATKIN: Absolutely. Take a 8 document, is a -- Not that letter, the 8 break. 9 next document. I'm sorry. Keep going. 9 (A break was taken.) 10 No. The other way. Right -- are 10 MR. ATKIN: We are going to mark 11 minutes of meeting on proposed PCB 11 Papageorge Forty-six for 12 effluent standards. 12 identification. That is a 13 A. 1 see it. 13 document bearing Bate's 14 Q. You were the chairman of that meeting, 14 numbers -- well, I'm sorry -- 15 correct? 15 a document bearing Bate's 16 A. 1 was. 16 numbers -- beginning 11 -- 17 Q. Did Monsanto organize that meeting? 17 I'm sorry - 1006 - 18 A. No. The National Electrical 18 MR. PECK: 1 think what is wrong 19 Manufacturers Association was the host 19 is there is a number cut off, 20 group. 20 a number of numbers cut off. 21 Q. Was Monsanto a member of that 21 MR. ATKIN: Right. Why don't we 22 organization? 22 use the other Bate's 23 A. No. 23 designation? There is Papageorge, William P.E. Vol I (fmr Anniston Mgr) in MARS HILL (former Monsanto Employee) Pages 265 - 268 HARTOLDMON0034449 1 2 3 4 5 6 7 8 9 10 11 12 13 14 Q. 15 A. 16 Q. 17 A. 18 Q. 19 A. 20 Q. 21 A. 22 23 Q. Page 269 another designation of 1 smaller numbers, a 2 A. document -- This is an 3 affidavit of Mr. Papageorge 4 Q. bearing Bate's numbers 175 5 through 189. And the 6 affidavit is sworn to on 7 A. March 14th, 1974. 8 Q. (Plaintiffs' Exhibit Number 9 Forty-six was marked for 10 identification.) 11 THE WITNESS: 1 have briefly 12 reviewed the documents. 13 Okay. Do you recognize it? 14 1 do. 15 Do you recall making this affidavit? 16 1 do. 17 A. Did you draft it yourself? 18 Q. 1 had help. 19 A. Who helped you? 20 Dr. Tucker for the analytical portions, 21 Elmer Wheeler with the toxicity data. 22 Did you have any help from legal 23 Page 271 referring? In 1974 there were no further studies by anyone. Okay. Were effluent standards set for the unique conditions existing at each point source? No. On page four of the document, in the third paragraph, you point out that as of 1974 there were forty million pounds of PCB being manufactured in the U.S., compared to eighty million pounds prior to 1971. And you state that, in quote, "This lends perspective to the current debate over modest losses of PCBs to waterways." Do you see that? Yes. What did you mean by that? The reference -- The inference here is that the forty million pounds still being sold at that point in time were contained in systems that were considered to be closed systems. By Page 270 Page 272 1 drafting this document? 1 closed systems, it was understood that 2 A. 1 let them see drafts of it as 1 was 2 the PCBs in the system would not be 3 developing and asked for their comments. 3 permitted to enter the environment. So 4 1 don't recall any sections that they 4 with that kind of application, it does 5 modified. 5 lend itself to a perspective regarding 6 Q. Did they give you their comments? 6 losses to waterways that didn't exist 7 A. Yes. 7 when PCBs were used in paints and 8 Q. Okay. The primary purpose of this 8 sealants and on and on. 9 affidavit was for Monsanto to set forth 9 Q. Okay. And what did you mean when you 10 objections to the proposed federal 10 said there were modest losses of PCBs to 11 regulations on PCBs, correct? 11 waterways? 12 A. The primary purpose was to comment, and 12 A. Well, that is the realistic way to 13 they turned out to be objections. 13 describe industrial chemical. You can't 14 Q. Okay. On the bottom of page two, the 14 say zero losses. By modest losses, it 15 last sentence on page two, you state, 15 indicates small amounts. 16 "We recommend studies be conducted to 16 Q. Which waterways were you referring to? 17 obtain the relevant data and that 17 A. No particular type. If you mean lakes 18 effluent standards be established which 18 or rivers, it is just in general. 19 are appropriate for the unique 19 Q. Okay. Let me ask you this: Did you 20 conditions existing at each point 20 believe that the PCB contamination of 21 source." 21 Choccolocco Creek and Snow Creek were 22 Were studies ever undertaken to 22 modest? 23 obtain the data to which you were 23 MR. PECK: Object to the form of Papageorge, William P.E. Vol I (fmr Anniston Mgr) in MARS HILL (former Monsanto Employee) Pages 269 - 272 HARTOLDMON0034450 Page 273 Page 275 1 the question. 1 himself or one of his associates. 1 2 A. In that day and age, yes. 2 don't know. 3 Q. What do you mean by that? 3 Q. If the first paragraph it states, "Last 4 A. 1 associate the PCBs in Choccolocco 4 month when Randy Graham and 1 visited 5 Creek with the PCBs that were generated, 5 your plant to discuss the PCB problem, 6 created, produced over decades from the 6 we did not intend to cause undue alarm 7 1930s to the 1960s. With the 7 or create any panic concerning the use 8 understanding that existed in that 8 and handling of polychlorinated 9 period, the PCBs that were introduced 9 biphenyls." 10 into the environment were still 10 Did you have a sense from 11 perceived to be modest since no effects 11 Mr. Cavenaugh that you had in fact 12 were noted. They were perceived to be 12 caused undue alarm or created panic 13 innocuous industrial chemicals out there 13 concerning the use and handling of PCBs? 14 in the river. 14 A. 1 don't recall if it was Mr. Cavenaugh, 15 Q. Okay. That's all 1 have on that 15 but somebody in his organization 16 document, which brings us to Papageorge 16 expressed this concern. 17 Forty-seven. 17 Q. In the second paragraph you state that 18 (Plaintiffs' Exhibit Number 18 Aroclors do affect some species of birds 19 Forty-seven was marked for 19 and marine life. Do you see that? 20 identification.) 20 A. Yes. 21 MR. PECK: Are you going to 21 Q. Was that information ever conveyed by 22 identify it? 22 Monsanto to the residents of Anniston, 23 MR. ATKIN: Yes. I'm sorry. 23 Alabama? Page 274 Page 276 1 Two-page document bearing 1 A. No. 2 Bate's number DSW 018254 and 2 Q. On page two of the letter, in the second 3 DSW 018255. It is a letter 3 paragraph, you state that unusable 4 from Mr. Papageorge to Mr. 4 Aroclors should be disposed of by 5 D. E. Cavenaugh dated July 5 incineration. Do you see that? 6 6, 1970. 6 A. Yes. 7 Q. Do you recognize this document, sir? 7 Q. Is incineration the most effective 8 A. 1 do, yes. 8 method of disposing of PCBs? 9 Q. Do you remember writing it? 9 A. Under the proper conditions, yes. 10 A. Yes. 10 Q. In that same paragraph you caution that 11 Q. What prompted you to write this letter? 11 improper incineration of PCBs can result 12 A. In the summer of 1970 1 visited plants 12 in the production of highly toxic 13 that used PCBs in electrical equipment 13 materials. What types of highly toxic 14 manufacture. And while visiting this 14 materials can be produced by the 15 particular company plant, Espey 15 improper incineration of PCBs? 16 Manufacturing Company in Saratoga 16 A. Well, as 1 understood it, there are many 17 Springs, New York, 1 was requested to 17 chemicals that could be formed when you 18 put in writing a summary of the topics 18 have of course carbon, hydrogen, 19 we discussed. And this was my attempt 19 chlorine, and oxygen. And depending of 20 to do so. 20 course on the rates of destruction and 21 Q. When you say you were requested to 21 the amount of oxygen present and the 22 prepare a summary, who requested that? 22 temperatures, one could get a real 23 A. 1 don't recall if it was Mr. Cavenaugh 23 mixture of chemicals. Papageorge, William P.E. Vol I (fmr Anniston Mgr) in MARS HILL (former Monsanto Employee) Pages 273 - 276 HARTOLDMON0034451 1 Q. 2 3 A. 4 Q. 5 A. 6 Q. 7 A. 8 9 10 11 12 Q. 13 14 15 A. 16 Q. 17 18 19 20 21 22 23 A. Page 277 Are you talking about chemicals such as furans? That is an example, yes. And dioxins? Dioxins, yes. Okay. And in this instance, at that point in time, 1 was -- I'm going to call it overly conservative in terms of guessing that the worst would happen in order to avoid anything happening. Now, you also indicate in this letter it is also important that contamination of the atmosphere be eliminated, correct? Certainly. Jumping back for a second, when you talked about the types of the certain highly toxic materials can be produced by improper incineration of PCBs, does that also hold true that certain highly toxic materials can be created during the production of PCBs? First let me correct something. 1 don't 1 2 3 A. 4 Q. 5 6 A. 7 Q. 8 A. 9 Q. 10 11 A. 12 Q. 13 14 A. 15 16 17 Q. 18 A. 19 20 Q. 21 A. 22 Q. 23 A. Page 279 Forty-eight was marked for identification.) 1 have looked at it, scanned it, yes. This is a 1970 press release issued by Monsanto? Yes. Do you recognize this? Yes. Did you participate in the drafting or approval of this press release? Yes. What was the nature of your participation? It was accomplished really by my person-to person discussion with Mr. E. V. John. Who was Mr. John? Fie was the public relations representative with Monsanto. Is he still with the company? No. Do you know when he left? Oh, about the mid '70s. 1 2 3 4 Q. 5 A. 6 7 8 9 10 Q. 11 12 A. 13 14 15 16 17 18 19 Q. 20 21 22 23 Page 278 know that 1 said they can be produced -- 1 Q. will be produced. 1 said may yield 2 A. materials. 3 Q. Okay. 4 Because it was a theory rather than a 5 fact at this point in time. 6 Now, you asked if highly toxic 7 materials can be produced during 8 A. manufacture? 9 To use your terminology, why don't we 10 say "may be yielded." 11 Q. May be yielded. It is possible if the 12 operation isn't controlled properly, too 13 much time is taken, and the temperature 14 is too high, again, all the factors that 15 should be controlled are not, you are 16 A. going to end up with something other 17 Q. than the PCB you are looking for. 18 A. Okay. That's fine. The next document, 19 Q. this is Papageorge Forty-eight for 20 identification. It bears Bate's numbers 21 GSW 009731 through DSW 009734. 22 (Plaintiffs' Exhibit Number 23 A. Page 280 Do you know if he is still alive? 1 don't know. Okay. On page two it indicates that, "Commenting on a recent report that PCB can induce birth defects in animals, Minckler said" -- By the way, who is Mr. Minckler? Fie was the general manager and was a vice president of the organic chemicals division of Monsanto Company. "Mr. Minckler said, 'Monsanto is not aware of any scientific data that indicates polychlorinated biphenyls may cause birth defects.'" Was that a true statement -Yes. -- at that time? Yes. And on page four of the press release it states that Monsanto's incineration system could break down PCBs into harmless materials, correct? Correct. Papageorge, William P.E. Vol I (fmr Anniston Mgr) in MARS HILL (former Monsanto Employee) Pages 277 - 280 HARTOLDMON0034452 Page 281 Page 283 1 Q. In the next to last paragraph it 1 Department of Health, 1 believe, or some 2 indicates Monsanto stated that the loss 2 regulatory agency that had to do with 3 of PCB from our manufacturing plants has 3 water and landfills and the like. 4 been negligible. 4 Q. Now, is it accurate to say that Monsanto 5 That wasn't a true statement, was 5 was interceding with Mr. -- that you 6 it? 6 were attempting to intercede with 7 A. Why not? It was not a storm of PCBs 7 Dr. Loughry on behalf of Westinghouse to 8 flowing down the city streets. 1 don't 8 obtain permission for Westinghouse to 9 know what you mean by not negligible. 9 dispose of PCB wastes in a Pennsylvania 10 Q. What do you mean by negligible? 10 landfill? 11 A. An amount that doesn't result in any 11 A. 1 was asked to. 12 known harm. 12 Q. Who asked you to do that? 13 Q. Do you know what the total amount of 13 A. Mr. Viland. 14 PCBs that were lost in Anniston over the 14 Q. At the bottom of the first page and on 15 years was? 15 to the top of the second page, you 16 A. 1 thought we answered that earlier. 1 16 discuss a study that was undertaken by 17 don't know. 17 Monsanto of soil in which PCBs were 18 Q. I'm done with that. How did 1 refer to 18 deposited approximately thirty years 19 it, Forty-eight -- Let's call that -- 19 earlier. Actually, it is thirty-two 20 (Discussion held off record.) 20 years earlier, correct? 21 (Plaintiffs' Exhibit Number 21 A. Yes. 22 Forty-nine was marked for 22 Q. The results show on page two -- the 23 identification.) 23 results shown on page two indicate that 1 Q. 2 3 4 5 6 7 8 A. 9 Q. 10 A. 11 Q. 12 13 A. 14 Q. 15 16 A. 17 Q. 18 A. 19 20 Q. 21 22 23 A. Page 282 This is Bate's numbers NEV 003895 1 through 003896, a two-page document, a 2 letter, from Mr. Papageorge to 3 A. Mr. Viland, V-i-l-a-n-d, dated October 4 Q. 1 st, 1970, with CCs to -- with BCs to 5 Mr. Benignus and Mr. Graham. 6 Do you recognize this? 7 1 do, yes, sir. 8 Do you remember writing it? 9 Yes, sir. 10 When was the last time you saw this 11 letter? 12 A. I'm sorry? 13 I'm sorry. When was the last time you 14 saw this letter? 15 1 don't know specifically. 16 It wasn't in the last week, was it? 17 No. A half a dozen years ago. 1 just 18 don't recall. 19 Q. That's fine. In the second paragraph, 20 you mention a Dr. Loughry, 21 L-o-u-g-h-r-y. Do you know who he was? 22 He was a scientist with the Pennsylvania 23 Page 284 after thirty years the Aroclor 1242 was still present in the soil, correct? Correct. Isn't it fair to say, Mr. Papageorge, similarly, that the PCBs that are present at Mars Hill Missionary Baptist Church in the soil will be present there for decades? MR. PECK: Object to the form of the question. It calls for speculation. You can't draw a direct analogy because the environment is different in terms of what microbes are in the soil, what plant growth is involved, and all the other factors. So 1 cannot predict how long it will last. 1 don't think anybody can. Okay. The last sentence, you state, "Apparently we do not have anyone within the Monsanto organization who can talk Dr. Loughry's language." Do you see that? Papageorge, William P.E. Vol I (fmr Anniston Mgr) in MARS HILL (former Monsanto Employee) Pages 281 - 284 HARTOLDMON0034453 Page 285 Page 287 1 A. 1 do. 1 to here? 2 Q. What did you mean by that? 2 A. East Coast Terminals is a facility 3 A. It meant that 1 couldn't communicate 3 located in North Carolina, as 1 4 with Dr. Loughry in a way that 1 4 remember, which received fish meal. 5 believed he understood what our needs 5 Q. I'm sorry. Received what? 6 were and how he could cooperate, nor did 6 A. Fish meal from Peru and introduced it 7 1 get from him any indication he was 7 into a heat treating system to 8 willing to try. 8 pasteurize it. The system was heated 9 Q. You found him to be very opinionated 9 with PCB type fluid. 10 regarding the types of wastes he would 10 The material, as it was processed, 11 tolerate in the landfill, correct? 11 was conveyed by screw conveyers in 12 A. He was -- Yes, he was very opinionated. 12 troughs that were jacketed. And between 13 Q. And he insisted that he had to have 13 the trough and the outer jacket the 14 research data on the behavior of PCBs on 14 heated PCB fluid would circulate. And 15 various Pennsylvania soils over long 15 the material as it traversed through 16 periods of time before he would allow 16 this system would be heated long enough 17 them to be introduced to a landfill in 17 to pasteurize out the other end. 18 Pennsylvania, correct? 18 A leak developed between the outer 19 A. That is correct. 19 jacket and the trough, and PCBs were 20 Q. Let me give you what will be marked as 20 introduced into the fish meal. The 21 Papageorge Fifty for identification. 21 operators of the unit continued to 22 For identification purposes, this 22 operate. The fish meal of course 23 is a memo or a letter from D. B. Hosmer 23 contained PCBs now. It was eventually 1 2 3 4 5 6 7 A. 8 Q. 9 A. 10 Q. 11 A. 12 Q. 13 14 A. 15 Q. 16 17 18 19 A. 20 Q. 21 22 23 Page 286 to Mr. Papageorge, dated August 11th, 1 1971, with a cc to Mr. John. Have you 2 had a chance to look at that? 3 (Plaintiffs' Exhibit Number 4 Fifty was marked for 5 identification.) 6 Q. 1 have. 7 A. Do you recognize this document? 8 1 do. 9 Do you recall receiving it? 10 Yes. 11 Have you reviewed it any time in the 12 recent past? 13 Q. No. 14 A. In the first paragraph, Mr. Hosmer 15 states that he was contacted by a John 16 Piccorello of Science Magazine 17 concerning PCBs? 18 Q. Yes. 19 A. And that Piccorello had asked about the 20 Q. incident at East Coast Terminals. 21 What was the incident at the East 22 A. Coast Terminals that was being referred 23 Q. Page 288 sold to poultry feed formulators, and in turn the poultry feed was sold to the poultry operators, and it got into the poultry. That is in general the situation that occurred. What happened to the poultry? There were several symptoms noted. For one, the eggs wouldn't hatch. Another was the -- as 1 recall, that the chickens showed symptoms of illnesses, like water accumulation. 1 believe it's called edema by medical people. Swelling? Swelling, because of water retention. In fact, 1 believe some of the poultry actually died. That's what happened to the poultry. Do you know how many died? 1 don't recall anymore. Okay. In the second paragraph of this memo -Yes. It states as follows: "Finally, Papageorge, William P.E. Vol I (fmr Anniston Mgr) in MARS HILL (former Monsanto Employee) Pages 285 - 288 HARTOLDMON0034454 Page 289 Page 291 1 Mr. Piccorello brought up the testimony 1 MR. PECK: Object to the form of 2 about PCBs in Washington. He said he 2 the question. 3 understood that fish in a river in 3 Q. What are they? 4 Alabama contained a great deal more PCBs 4 MR. PECK: Object to the form of 5 than was permitted and our plant 5 the question. 6 discharged to this river. Three hundred 6 A. In the area in which the Anniston plant 7 parts per million were quoted." Do you 7 -- Monsanto's plant is located, it is an 8 see that? 8 industrial area and had several 9 A. 1 do. 9 foundries, for example, that spewed all 10 Q. Do you know what river in Alabama was 10 kinds of materials, quench waters, 11 being referred to here? 11 acids, fires blazing with fumes going 12 MR. PECK: Object to the form of 12 out in the atmosphere. It was quite a 13 the question. 13 site at night at that time, a lot of 14 A. Right or wrong, 1 assume he was 14 industrial activity. So 1 can 15 referring to the Coosa River. 15 understand why Mr. Hosmer, who 16 Q. Okay. And Hosmer states, "1 said the 16 incidentally used to be a plant manager 17 stream was a creek, not a river. And 17 at Anniston, was aware of the conditions 18 there were many other discharges to it 18 in that industrial area. 19 and doubted if 1 would want to wade in 19 Q. Okay. And Mr. Hosmer indicated that he 20 the creek for many reasons." 20 doubted if he would want to wade in the 21 Is the Coosa River a creek? 21 creek for many reasons, correct? 22 A. Not in my understanding. 22 A. Yes, he did. 23 Q. What difference, if any, does it make if 23 Q. And is that because the creek was so 1 2 3 4 5 6 7 A. 8 Q. 9 A. 10 11 12 13 14 15 16 17 18 19 Q. 20 21 22 23 A. Page 290 the body of water being referred to as 1 being contaminated by PCBs was a creek 2 or a river? 3 MR. PECK: Object to the form of 4 the question, calls for 5 speculation. 6 It doesn't. 7 A. It doesn't make any difference? 8 In my way of thinking, there could be 9 differences. Not all creeks are capable 10 Q. of supporting fish, for example; whereas 11 a river is more capable of supporting 12 several species. So when they are 13 A. talking here about contaminated fish, 1 14 tend to think of a river as 15 Q. distinguished from a creek. That 16 doesn't make it right, but that is the 17 way it struck me. 18 Okay. He refers to the fact that there 19 A. were many other discharges to this -- 20 what he calls a creek. Do you know what 21 other discharges he is talking about? 22 Q. 1 believe 1 do, yes. 23 Page 292 contaminated that he believed it was dangerous? MR. PECK: Object to the form of the question, calls for speculation as to what Hosmer thought, whatever he did. 1 can't speak for Mr. Hosmer, but it was an industrial area with many materials present in that neighborhood. Did you ever ask -- Did you ever discuss the contents of this letter with Mr. Hosmer? Yes, 1 did. 1 don't remember the specifics any longer. Do you remember whether or not you discussed that specific statement about doubting whether he would want to wade in the creek? He said, "Oh, man, there is all this stuff in there, Bill. It would chew the skin off of my legs," that kind of talk. Okay. Thank you. 1 hand you what will be marked for identification as Papageorge, William P.E. Vol I (fmr Anniston Mgr) in MARS HILL (former Monsanto Employee) Pages 289 - 292 HARTOLDMON0034455 1 2 3 4 5 Q. 6 7 8 9 10 11 12 13 14 15 A. 16 Q. 17 18 A. 19 Q. 20 A. 21 Q. 22 A. 23 Q. Page 293 Papageorge Fifty-one. (Plaintiffs' Exhibit Number Fifty-one was marked for identification.) 1 hand you for identification what will be marked as Papageorge Fifty-one. And for identification purposes, this is a letter dated August 15th, 1971, with two pages of attachments. The designation -- the Bate's designation on the letter -- Here we go. The designation is MONS 0N899 - 089995 through 089999. And I'd ask you to take a look at that, please, sir, if you could. 1 have scanned the exhibit. Thank you. Do you recognize this letter? 1 do. Did you receive a copy of this letter? 1 don't believe 1 did. Okay. How do you recognize it? 1 saw it the other week, last week. When you met with the attorneys? 1 2 3 4 A. 5 Q. 6 7 8 9 10 11 A. 12 13 Q. 14 A. 15 Q. 16 17 18 19 20 21 A. 22 Q. 23 Page 295 levels, as Aroclor 1254, compared with the controls. There is a seventeen percent difference." Do you see that? Yes. On page two of the letter, in the middle section, Dr. Suttkus refers to a second test in which fish exposed to PCBs similarly did not show a reduction in their PCB levels compared to the controls. Is that correct? Yes. The word "similar" is your word. 1 was looking for it in the text. Okay. That's correct. In fact, it indicates and states specifically, "However, the results are not good since both analyses show us that Aroclor 1254 residues have not reduced as we had hoped they would," correct? That's what it states, yes. It then goes on to refer to analysis three, correct? Page 294 Page 296 1 A. Yes. 1 A. It does. 2 Q. Okay. This letter appears to be a 2 Q. Okay. And the final sentence in that 3 summary of a study of PCB levels in fish 3 section states, "At this point we would 4 in Choccolocco Creek, the Coosa River, 4 have to say that the data are 5 and its tributaries, correct? 5 detrimental to Monsanto," correct? 6 A. Correct. 6 A. It does say that, yes. 7 Q. And at the time, at the bottom of the 7 Q. Okay. On the last page of this letter 8 first page, Dr. Buttkus indicates 8 it indicates that the fish in the 9 that -- 9 Anniston area not only had high levels 10 MR. PECK: Suttkus. 10 of PCBs but also were deformed, sick, 11 MR. ATKIN: I'm sorry? 11 and listless, correct, referring to 12 MR. PECK: Suttkus. 12 the -- 13 MR. ATKIN: Oh, Suttkus. Thank 13 A. 1 do see it, yes. 14 you. 14 Q. In the first paragraph? 15 Q. Dr. Suttkus indicates that fish exposed 15 A. That is correct. 16 to PCBs did not show a decrease in PCBs 16 Q. Specifically it states, "Of course 17 in their system, is that correct, 17 visual observations won't tell us what 18 compared with the controls? 18 caused these fishes to become deformed 19 A. At the very bottom of the first page? 19 or sick, but we must consider the total 20 Q. Yes. The part that states, "This 20 observations as a crude indication that 21 comparison shows that the fishes in the 21 something is indeed wrong in these 22 experimental area do not show a 22 areas," correct? 23 corresponding decrease in PCB residue 23 A. Yes. Papageorge, William P.E. Vol I (fmr Anniston Mgr) in MARS HILL (former Monsanto Employee) Pages 293 - 296 HARTOLDMON0034456 Page 297 1 Q. On the last page he also indicates that 1 2 he understands that Monsanto's discharge 2 3 of PCBs was decreased as compared to 3 4 previous years, correct? 4 5 A. Yes. 5 6 Q. Do you know how much more extensive 6 7 Monsanto's PCB releases to the river 7 8 were before this period of time? 8 9 MR. PECK: Object to the form of 9 10 the question. 10 11 A. I don't know how far back he goes, sir, 11 12 to make his comparison. 12 13 Q. Okay. In that same paragraph -- Well, 13 14 hold on. In that same paragraph, he 14 15 states -- Dr. Suttkus states, "Certainly 15 16 you would not want to give the discharge 16 17 figures" -- Well, he doesn't say -- "you 17 18 would not want to give the figures in a 18 19 news release," correct? 19 20 A. It does say that, yes. 20 21 Q. Were the discharge figures, the 21 22 discharge levels that he is referring 22 23 to, ever released publically in a news 23 Page 299 some planes and the fact that I have more questioning. We are going to pick this up at another time. (At 4:20 p.m. the deposition was continued to an unspecified date and time.) 1 2 A. 3 4 5 Q. 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 Page 298 Page 300 release? 1 I do hereby certify that the witness 1 think the local newspaper had reference to them, but 1 don't recall the specifics anymore. Okay. That's all 1 have on that. We'll mark this for identification 2 whose attached deposition was taken before me 3 was by me first duly cautioned and sworn to 4 tell nothing but the truth in the cause 5 aforesaid; that the testimony contained herein 6 was by me reduced to writing in the presence 7 of said witnesses by means of stenography and as Monsanto Exhibit Fifty-two. 8 afterwards transcribed by means of computer (Plaintiffs' Exhibit Number 9 aided transcription. The foregoing is a true Fifty-two was marked for identification.) MR. PECK: Can we take a short break? MR. ATKIN: Sure. (A break was taken.) 10 and accurate transcript of the whole of the 11 testimony given by said witness, as aforesaid. 12 Ido further certify that I am not 13 connected by blood or marriage with any of the 14 parties or their attorneys or agents and that 15 I am not an employee of any of them, nor 16 interested in the matter of controversy. MR. ATKIN: Just for the record, 17 IN WITNESS WHEREOF, I have hereunto set we are going to adjourn the 18 my hand and affixed my notarial seal at deposition of Mr. Papageorge at this time to be continued at another date upon agreement of counsel, given the hour of the day and the fact that counsel and 19 Gadsden, Alabama, County of Etowah, this 15th 20 day of April 1998. 21 _________________________________________ Deborah Salers Garrett 22 Certified Shorthand Reporter Registered Professional Reporter 23 Notary Public, Alabama-at-Large Mr. Papageorge have to catch My Commission expires: 3-7-2001 Papageorge, William P.E. Vol I (fmr Anniston Mgr) in MARS HILL (former Monsanto Employee) Pages 297 - 300 HARTOLDMON0034457 [& -1248] Transcript Word Index & & 1:1 2:6,9,12 9:23 0 0011379 224:15 0011402 224:15 002501 260:1,11 002504 260:12 003895 282:1 003896 282:2 007275 260:15 007284 267:2 007294 260:2 007295 260:16 009731 278:22 009734 278:22 0100442 244:19 0108099 69:20 0108100 75:11 0108101 69:20 011387 225:18 013117 112:3 013118 112:3 013186 53:9 54:10 013187 54:5,21 55:11 013191 53:9 013382 147:23 013383 148:18 013384 147:23 149:8 013395 145:22 146:13 013408 140:20 013409 140:20 013422 137:8 013424 137:9 013776 234:18 235:6,22 013810 234:11 236:7 013900 98:20 013901 98:21 013907 114:10 013908 114:11 013975 87:6 013983 87:23 013987 87:7 014091 104:3 014096 231:5 014097 231:5 014277 27:23 014281 28:1 014284 28:19 36:9 014289 40:8 014295 28:19 014379 248:14 014380 250:1 014381 251:13 014382 248:15 014798 142:19 014799 144:1 014800 142:19 015232 153:19 154:1,23 015233 154:23 015272 153:20 018254 274:2 018255 274:3 023540 154:3 0236 172:2 023645 172:5 023646 172:7 176:13 0237645 172:1 02406 244:20 027584 192:23 027590 198:14 027591 193:2 029900 162:19 033851 79:6 033854 79:7 056663 59:3 056667 59:4 056670 59:18 63:4 056671 60:20 056672 60:23 61:22 62:14 056673 59:3 64:1 089995 293:12 089999 293:12 093668 152:2 093704 152:2 096865 185:4 096866 185:4 098219 108:9 098414 117:6 099126 237:12 0n899 293:12__________________ 1 1 123:2 1:20 1:1 5:8 10019 2:7 1006 268:17 101 3:10 103 3:10 108 3:11 10-8-69 64:12 10th 62:21 171:21 11 3:3 268:16 11-10-69 224:18 112 3:11 114 3:12 117 3:12 11th 286:1 12 156:1 1221 107:20 151:12238:12 239:22 243:13,21,23 244:4 1232 151:6,15 1242 47:20 104:23 105:2,4 115:20 116:14 137:21 141:5,11 150:9,15284:1 1248 89:10,19 Papageorge, William P.E. Vol I (fmr Anniston Mgr) in MARS HILL (former Monsanto Employee) HARTOLDMON0034458 [1254-281] 1254 18th 1970 (cont.) 2 74:13 76:2,11 89:11 116:1 90:8 231:8 261:8 190:12,18202:16,18231:8 200 116:2,5 137:21 141:5,11 193 233:9 274:6,12 279:4 282:5 2:3 150:10,16 164:15295:1,18 3:19 1970s 203 1260 1930s 159:20 160:6,21 161:2,21 3:19 151:5,15 198:3 273:7 162:7 20th 1262 1943 1971 1:1 2:10 238:13 239:23 9:19 57:9 113:1,2,3,15 114:8,18 214 1268 1947 115:2,18 117:7,14 121:23 3:20 151:6,15 9:22 10:3 122:2,11 139:2 141:7,10 216 12-8-1970 1951 142:23 143:13 144:3 3:20 112:6 10:4 11:13 146:12,20 147:9 196:23 21927 12th 1954 197:1 198:3 199:5 235:19 2:13 155:16 12:8 236:16 237:14,21 246:7 21st 1300 1955 271:13 286:2 293:8 57:14 58:23 62:16 105:3,18 157:10 12:11 1972 221 1301 1956 242:3 3:21 2:6 13:14 1973 222 1310 1957 16:13,21 120:12 3:21 156:21 157:8 13:22 1974 224 13187 1958 261:8 269:8 271:2,10 3:22 54:10 183:8,23 1977 22nd 137 1959 17:5,21 133:18 59:8 105:5 3:13 14:10 1978 231 140 1960s 222:14 3:22 3:13 197:13 273:7 1980s 233 142 1961 142:12 159:20 160:7,22 154:2 3:14 15:1 161:3,22 162:8 234 145 1964 1982 4:3 3:14 15:20 216:14217:1 237 148 1965 1983 4:3 3:15 16:5 31:6 18:18 134:7 152:20 153:14 23 rd 14th 1967 158:2,11,20 159:9,16 28:17 47:12 158:2,10 185:5 269:8 171:21 174:17 177:23 1984 244 152 1968 155:16 156:1,18 157:7 4:4 3:15 33:10,21 40:14,22 41:19 1985 248 154 44:9 45:14,22 155:4 4:4 3:16 1969 1986 24th 157 27:20 28:18 30:10 31:4,9 19:2,8 27:20 142:23 3:16 32:12 33:5 37:23 38:2 44:9 1987 25 15th 45:14,23 47:12,16,19 67:17 129:7 131:6,14 132:17 3:4 60:1 62:15 88:14 105:1,18 72:2 73:1,18 161:14 185:5 134:14,17,23 259 155:4 293:8 300:19 193:14 198:19206:18 1993 4:5 162 207:4 230:16 214:10 269 3:17 1970 1994 4:5 171 16:7 52:13 54:14,18 56:7 126:7 273 3:17 56:16 57:14 59:1,8,8 60:1,1 1995 4:6 175 60:9 62:16,16,21 69:17 126:7 27420 269:5 72:21 78:9 81:23 82:6 85:1 1998 2:13 183 87:3 88:3,14 89:7,8 90:8 1:1 5:8 6:1 300:20 279 3:18 93:8,18 96:15 97:7,12 1st 4:6 184 98:19 100:2 101:16,22 57:9 108:8 112:23 113:2 28 3:18 102:5,12 105:1 106:11 237:14,16,17,21 282:5 3:4 189 108:8 112:8 113:16 137:20 281 269:6 163:12,17 165:1 168:3 4:7 173:21 174:2 188:1 190:2,9 Papageorge, William P.E. Vol I (fmr Anniston Mgr) in MARS HILL (former Monsanto Employee) HARTOLDMON0034459 [286 - adhere] 286 4:7 28th 153:14 293 4:8 298 4:8 29th 117:6___________ 3 30 196:22 300 1:1 2:10,18 304 2:4 30th 60:1 163:12,17 31 1:1 5:8 6:1 196:22 35203 2:11 35901-0755 1:1 3-7-2001 300:23 3rd 214:10__________ 4 4 235:5,22 4:20 299:5 40 35:7 40202 2:4 47 3:5 4th 59:8 60:9________ 5 5 2:17 505 1:1 2:10 5060 238:13 51 11:13 5-10 63:7,8 53 3:5 5460 238:12,13239:15241:13 243:13,21 244:1,4 58 3:6 5th 183:7__________________ 6 6 2:22 47:16 54:18 56:16 274:6 60s 215:10 6671 63:5 68 33:16,22 73:12 69 3:6 73:4,8,13 230:19 6th 69:17______________ 7 7 3:3 70 72:11 70s 22:8 160:3,11,13 203:7 279:23 71 63:6 86:18 97:14,17 139:4 169:17,18 197:7,9 199:5 755 1:1 78 3:7 7th 78:9 101:16 112:7_______ 8 80s 160:14 86 19:9 87 3:7 88 3:8 135:18 89 135:18 8-9-70 89:4 8th 67:17 87:2 9 accurate 9tf0 123:2 90 3:8 9-13-70 93:2 95 3:9 96 126:10 96-243 1:1 98 3:9 9th 193:14__________________ a 46:12 138:9 197:21 230:15 230:21 262:18 283:4 300:10 accurately 27:11 accused 213:1,3 226:18 achieve 122:12 achieved 121:23 122:4 achievement 119:11 acid 44:10 47:21 49:19 52:21 acids 291:11 acm a.m. 260:1,2 123:2 acquisition a1221 133:12 242:18 243:10 act a5460 250:21 251:2,7 253:17 242:18 243:10 action abatement 1:1 235:20 236:4 247:17 224:19 actions abilities 93:16 233:16,19 138:20 activities ability 14:6,9,14 79:16 99:14 33:8 103:5,8 138:8 226:22 130:16 228:20 activity able 25:20 50:23 91:6 124:7 38:23 42:14 48:18 50:13 129:6 130:14 136:8,16 121:19 176:20 263:4 264:9 167:22 191:6 199:23 absolutely 256:13291:14 54:8 111:16 268:7 actual absorb 12:1520:1561:11 50:1 adam absorbed 2:9 19:21 103:13 200:12 added acceptability 13:2 240:2 16:22 17:6,10 18:5 addition acceptable 18:3 79:17 96:20 240:19,21 additional 241:22 242:10 9:22 110:5 accident additive 51:4 179:13 accomplished additives 279:14 13:10 account addressed 136:15 47:13 112:12 158:5 183:9 accounting 194:19 195:20 249:17 136:12 adhere accumulation 63:18 288:11 Papageorge, William P.E. Vol I (fmr Anniston Mgr) in MARS HILL (former Monsanto Employee) HARTOLDMON0034460 [adjourn - appears] adjourn agricultural altogether anniston (cont.) 298:16 124:22 158:6 24:11 109:3,8,12 111:19 113:3 adm agriculture amalgamation 122:6,9 137:21 141:6,12 260:10,11,12,14 267:2 158:4 159:7 190:5 191:2 244:17 142:3 148:8 151:2 156:17 administration ahead ambient 158:7,17 159:1 161:4,13,15 179:12 54:7 252:15 115:7 161:23 162:9 182:20 191:9 admission aided american 191:19 196:3,15,21 197:4,6 204:1 300:9 115:9 197:17,23 198:7,11 199:1 adopt ailments americas 199:10,21,22 200:10 195:22 226:17 2:6 206:21 207:3,11 208:13,19 adopted aimed ammonia 208:23 209:3,8 216:13 141:22,23 233:23 211:10 231:6,22 250:20 251:1,6 adverse air amount 275:22 281:14291:6,17 247:23 248:3 96:3,6,6,10,22 97:1,22 62:13,22 77:2 113:13 296:9 advice 111:17,18 115:7,13,21 115:12 147:14,17 220:9 announced 208:8 116:11,16 122:1 128:6,6 252:10,16,20,21 253:5 168:2 advised 141:20 161:20,23 174:19 262:20 276:21 281:11,13 annual 187:1 airplane amounts 133:20 advising 23:16 35:6 36:4 64:3 252:2 annually 123:23 airport 272:15 133:4,5 affairs 128:5 analogy answer 44:4 al 284:12 10:15 11:2 44:1645:8,18 affect 1:1,1 91:12 92:3,6 203:15 analyses 46:7 63:19 65:23 67:12 275:18 alabama 41:23 74:3 143:20 155:15 98:7 145:10 160:11 182:23 affidavit 1:1,1,1 2:11 5:7,8 6:1 16:6 155:23 156:13 295:17 204:16,19,21 205:3,6,14 269:4,7,16 270:9 27:22 28:17 82:12 85:12 analysis 214:20215:16 affixed 104:9 106:5,18 107:5,14 72:6 144:17 145:4 148:9 answered 300:18 150:6,13 155:7,10 158:7,17 156:3,16 295:22 170:10206:9 281:16 aforesaid 191:9,19 196:4,16,21 197:6 analysts answers 300:5,11 197:17 198:1,6,12207:11 106:14 247:10 33:20,23 46:9 africa 229:11,13,14 232:22,22 analytical anticipated 172:20 275:23 289:4,10 300:19,23 41:12 51:16 70:5,8,23 91:2 120:7 213:22 afternoon alabama's 95:3 103:5 138:8,13,20 anybody 6:1620:16201:15,17 155:14 143:19 263:1 264:8 265:9 32:10 45:16 68:18 97:4 age alarm 269:21 101:5 168:17 175:9 196:11 273:2 275:6,12 analyze 225:11 243:22 284:18 agencies alike 39:7 75:3,7 209:6 233:20 anymore 17:18 122:16 190:16 235:9 analyzed 122:13 288:19 298:4 agency alive 41:4 46:1 anyway 94:10 139:14 283:2 280:1 analyzing 229:14 agents allegation 41:15 142:9 apologize 300:14 228:4 animal 25:15 65:17 146:5 agitator allegations 31:10 169:13 182:10242:2 apparently 14:20 175:20,22 176:9 212:16 250:14 29:11 30:9 42:3 69:18 ago 226:7,16 227:2,4,11 animals 78:11 101:17 105:21 112:4 8:20 249:5 282:18 alleged 32:3 167:3,11,15 169:10 137:10 156:2 171:22 agree 213:3 226:2,3,11 248:8 180:9 227:19,21,22 228:14 186:17 193:2 214:8 284:20 139:6 207:10 213:6 220:17 alien 229:5 267:9 280:5 appear 253:14 155:8 156:12 anniston 23:5 94:16,21 234:22 agreed allow 16:6,9 24:20 27:1,22 28:3 appeared 5:2,9,15,22 102:23 182:7 204:8 285:16 28:17 29:15 35:14 44:9,19 178:6 258:21 262:22 agreement allowed 45:11,22 55:14 56:1 59:2 appearing 245:16 247:21 298:20 77:2 113:20 71:12 73:8 77:20 81:12 136:18,19 agreements allowing 88:2 90:9,15 91:1 95:10 appears 246:5,10 253:13 6:9 96:11 97:5,9,12,16,20,23 117:7 125:8 149:9,20,21 99:4 100:23 102:1 104:8 163:12219:15224:17 Papageorge, William P.E. Vol I (fmr Anniston Mgr) in MARS HILL (former Monsanto Employee) HARTOLDMON0034461 [appears - back] appears (cont.) aroclor (cont.) assume audited 226:12 231:5 234:11 235:2 76:3,11 88:3 89:10,11,14 11:3 289:14 30:18 237:12 294:2 89:18 106:12 107:19 assumed audits application 114:19 115:19 116:1,5 144:21 258:14 24:19,22 26:1,10,13 27:3,7 272:4 137:20,20 141:5,10,11 assuming 27:14 33:4 72:14 73:3,4 applied 146:20 150:9,15 151:1,5,5 39:10 august 119:6 151:6,12,15 164:15 167:1 assure 69:17 78:9 82:6 88:3 89:8 applies 169:8 172:15,18 193:15 96:19 231:8 233:8 286:1 293:8 46:3 198:20 238:12 239:7,15 asterisk author apply 241:13 243:20 284:1 295:1 60:14,16 61:21 43:22 80:14 90:21 263:21 295:18 ate authored appointed aroclors 76:23 183:8 195:17 12:11 13:14,21 15:1 16:5,7 35:5,11 55:18,19,23 106:13 atkin authorities 16:21 17:5,21 18:19 106:18,23 107:1,13 172:23 2:5,22 6:7,15,19 11:17 25:8 107:5 152:17 appreciate 201:19 206:20 207:3,8 29:6 57:11 58:9 83:21 90:5 authority 46:8,10 238:15,21 241:14275:18 98:12 103:10,19 117:1 247:11 approach 276:4 122:19,22 123:8 151:10 authors 14:23 121:4 129:11 130:7 arrives 154:4,16 168:20 169:19,23 224:23 252:5,11 136:13 170:6,20 171:3,7,13 172:5 author's approached asked 193:6 197:17201:9,15 44:6 91:23 99:18 102:13,19 246:8 25:22 40:4 126:1 138:3 211:6 222:11 224:2 234:22 automatically approaches 145:1,9 270:3 278:7 283:11 245:1 255:17 260:5,17,22 176:2 120:10 124:2 283:12 286:20 268:7,10,21 273:23 294:11 automobile approaching asking 294:13 298:13,15 13:10 8:13 197:19 152:8 238:12,14 246:9 atlanta available appropriate 255:11,13 81:8 83:11 250:11 33:9,18 135:8 202:12,14,20 7:19 179:14 207:1 270:19 asks atmosphere 262:3 263:2 approval 138:1 277:14 291:12 avenue 99:13 279:10 aspects atmospheric 2:6 approximate 192:6 266:2 115:7 average 134:19,21 asphalt attached 34:5,6,11 36:4 37:1,3,7 approximately 201:2 4:11 54:12 266:7 300:2 59:7,13 62:4,6,8,13 102:4 8:9 11:9 24:2,10 34:13 assign attachments 141:10,14 149:9,11,14,22 132:10,12,14,18 197:2 5:19 261:2 293:9 150:5,8,15 153:5 197:13 283:18 assigned attempt averaged april 12:19,20 14:16 15:20 16:3 106:22 192:4,11 194:7 59:22 60:4 147:9 54:18 56:7,15 59:7,23 17:11 18:10,11 41:1355:7 208:21 262:17 274:19 aviarian 62:15 72:11 73:20 123:2 90:15 attempting 267:8 141:10,14,15 206:18 207:4 assignment 190:16 283:6 avoid 300:20 11:13 12:7,22 13:5,15 attention 182:13235:19236:3,17 area 29:17 87:20 183:21 87:21 101:19 277:11 125:11 127:17 135:19 assignments attorney aware 143:16 156:17 161:4,23 15:17 18:23 183:20 87:18 155:9,16,19 156:5,6 25:4 52:23 53:1 82:6,9 162:9 186:9,11 219:18 assistance 156:15 170:22 184:9 136:12 152:15 156:15 221:4 223:19,20 235:17 15:14 143:15 attorneys 157:16 159:6,11 164:13,19 236:1,2 291:6,8,18 292:8 assistant 23:7,18 24:5,13 46:15 167:21 233:6,10,14 280:12 294:22 296:9 14:10 71:7 108:17,22 53:19 85:3 87:15 129:13 291:17 areas associate 130:11 232:11 249:7 awful 165:7 172:21 296:22 111:10273:4 293:23 300:14 33:13 39:3 arithmetic associated attributed awic 65:9,22,22 67:1 264:7 165:5 176:1 187:3 227:12 138:15,17 149:10233:12 aroclor associates 27:14 28:4 30:6,22 31:3,8 275:1 31:21 33:4 35:13,15 44:11 association 47:15,20 48:5,14 59:1,7,13 266:19 59:21 60:4 65:2 74:13 76:2 227:14 b audit 25:2,23 26:16,23 28:3 30:5 bachelor 916 30:9,14,21 31:3,7 33:18,19 back 35:23 37:10 72:12 73:7,10 11:11 14:12 16:10,1422:1 Papageorge, William P.E. Vol I (fmr Anniston Mgr) in MARS HILL (former Monsanto Employee) HARTOLDMON0034462 [back - buck] back (cont.) bed better (cont.) booties 22:8 26:4 31:15 48:11 50:11 253:1 207:22 77:13 84:8 135:5 136:11 began beyond borne 146:3 192:2 200:18 243:6 73:16,18 106:3 131:6 63:11 227:5 243:20 265:19 277:16 133:19 bigger bothered 297:11 beginning 14:18 215:4 background 84:7 87:4 123:3 130:7 bill bottom 9:11,15 129:14 153:8,10 176:15 258:11 268:16 24:3,12 55:13 132:8,11 48:4 62:6 214:20 217:16 176:18,23 177:5 behalf 135:23 136:20,21 292:20 222:11 247:18 264:12 bacterial 264:21 283:7 billing 270:14 283:14 294:7,19 267:6 behave 135:23 boundaries baptist 258:13 billion 38:19,22 1:1 68:16211:7 217:2,9 behavior 42:6 43:1 56:13,18 57:8 boundary 220:12,19 222:15 284:6 285:14 59:10,23 62:15,17,22 63:1 39:12 217:13,20 218:4,6,9 base belgium 64:4 65:2 66:9,11,16,19 218:10,20 169:4 205:2 172:13 67:23 68:1,2 88:6 101:2 box based believe 102:6,15 103:4 104:23 2:1321:8 144:12 100:6 102:21 103:4,7 9:3 27:3 31:2 32:20 35:4 105:2,4 112:23 113:1,4,10 bracket 119:18 122:14210:20 36:6 48:13 84:10 95:1 113:14 114:20 147:11 60:15 basin 103:8 116:11 124:17 144:8 149:23 153:7 265:6 bracketed 52:5,15 160:15 204:10 217:3,8 biology 60:13 62:1,7 basis 218:23 232:15 239:18 143:9 bran 133:20 161:17 175:21 254:10 258:4 272:20 283:1 biphenyl 187:1 batch 288:11,15290:23 293:20 34:20,20 35:6 107:9,21 break 72:20 believed 151:14 185:11 244:1 47:2 84:4 169:22 170:1 bate 43:23 50:12 122:16 246:19 biphenyls 201:14 224:4,5 268:6,8,9 27:23 28:18 53:7,8 224:12 247:5 258:6 259:8 285:5 35:15 107:1,6,16,17 192:7 280:21 298:12,14 bate's 292:1 239:22 245:14 275:9 breaks 59:2 69:18 79:6 87:6,23 bell 280:13 64:8 98:20 104:2 108:9 112:2 32:13 90:9,23 91:1 94:20 bird breathing 114:10 117:5 137:8 140:19 140:3 227:12 178:10 182:14 142:18 145:22 146:12 beneficial birds briefly 147:22 151:22,23 153:18 263:11 226:15 227:9 228:6 275:18 9:10,14 11:7 170:3 269:12 154:23 162:18 172:1 185:3 beneficiaries birmingham bringing 192:23 231:4 234:11,17 135:9 1:1 2:11 5:7 6:1 155:7 173:23 174:10 237:12 244:15,18 248:14 benefits birth brings 260:1,4,13 267:2 268:13,15 121:16 135:3 280:5,14 147:19 153:16 166:22 268:22 269:5 274:2 278:21 benignus bit 244:7 273:16 282:1 293:10 282:6 16:1431:17201:21 brittle bcs benson blackboard 13:2 282:5 2:6 195:13 brochures bearing benzene blazing 17:16 178:6 181:13 28:18 53:7 59:2 69:17 34:19 291:11 broken 87:22 98:20 104:2 108:9 bergen block 42:4 112:2 114:10 117:5 137:8 78:9,17,18 163:20,21 38:18,22 39:9,10,11 43:12 brought 142:18 146:12 151:22 168:23 189:13 195:4 blocks 166:10 194:6 289:1 153:18 154:22 162:18 bergen's 68:19 brown 185:3 192:23 224:12 231:4 79:9 164:10 blood 158:6,13,15 161:8 162:2,11 234:17 237:11 248:13 best 300:13 227:23 260:1 268:13,15 269:5 11:9 14:22 16:1 49:3 72:10 bloomington brussels 274:1 81:22 85:1 97:7 122:10 203:14 172:13 bears 126:10 131:23 134:3 139:2 body buchanan 27:22 79:6 87:5 140:19 165:1 168:4 173:11 238:22 208:22 209:4,7 221:21 173:8,9 145:21 147:22 171:23 250:9 262:19 264:5 290:1 buck 234:10 278:21 better booklet 79:21 95:12 110:7,18,21 171:11 100:9,14,16 Papageorge, William P.E. Vol I (fmr Anniston Mgr) in MARS HILL (former Monsanto Employee) HARTOLDMON0034463 [bud - clarify] bud carefully 19:21 182:6 building Carolina 2:3 204:23 2:13 287:3 built carry 203:4 230:13 bulldozers case 258:22 8:18,21 21:12,20 125:23 burdens 126:6,22 127:4,7 129:12 208:22 209:4,7 214:6,9 240:8 254:12 burn 258:21 200:7 cases burst 8:6,9 126:13,17 180:23 219:22 214:9 business casperi 78:19 79:2,11,13,23 163:22 184:9 164:5,11 183:16 189:15 catch 194:16 195:2,6 238:7 52:5,15,16 298:23 buttkus categories 294:8 74:20 buyer category 247:21 107:22 c catfish calculate 89:19 24:9 65:7,23 calculated 27:11 74:13 cattle 165:4,5 cause calculations 14:21 119:19 191:12,20 242:5 243:21 275:6 280:14 300:4 calhoun caused 1:1 California 228:1 call 21:11 23:8 31:22 44:6 80:13 109:20 134:11 192:14 216:8 227:20 275:12 296:18 caution 276:10 cautioned 300:3 186:10 277:8 281:19 called 13:1 34:18 62:6 70:17 116:5 214:6 225:20 288:12 calls cavenaugh 274:5,23 275:11,14 cc 286:2 cced 46:7 52:6 284:10 290:5,21 292:4 cameron 87:5 172:21 capable 173:7 CCS 282:5 center 1:1 2:10 143:19 193:13 290:10,12 199:23 capital 207:5 central 41:13 car 39:4 carbon cerro 9:2 certain 276:18 careful 58:18 79:15 82:23 100:7 106:17 107:12 124:1,2 50:22 135:17 180:18 191:12,20 228:14 277:17,20 certainly chemist 32:3 82:9 86:15 102:21 33:14 70:5 168:14 207:21 233:17 chemistry 277:15 297:15 8:4 123:23 129:17 263:1 certificate chemists 2:18 41:13 certified chew 1:1 300:22 292:20 certify Chicago 300:1,12 185:8 186:4 chairman chickens 266:14 228:20,22 229:4 288:10 chance children 54:20 58:13 97:20 114:15 210:4,9 146:14 170:8 185:11 286:3 chlorinated chances 35:15,16 36:23 106:23 118:6 107:2,5,8 185:10 192:6 change 207:8 239:14,22 240:2 84:2 158:19 208:2 242:19 244:2 244:4 260:13 265:16 chlorine changed 276:19 16:15 130:8 266:4 choccolocco changes 37:14,22 38:4 44:21 45:13 257:2,18 64:6 67:19 72:3,9 74:15 channeled 81:1 82:22 86:8 89:3,20 221:4 143:14 144:4 148:11 characteristics 152:20 159:8,16,22 160:8 263:12 233:1,8,12235:18236:2 charge 272:21 273:4 294:4 23:22 161:9 189:14 chromatography charged 153:1 131:16 Chrysler Charles 125:1 126:9,10 127:14 2:3 128:3,5,15 131:18 charts church 84:20 1:1 68:16,22 156:21 157:4 check 157:8 209:13,14,19,20 136:13 210:15,16,22,23 211:3,5,7 checked 211:8,9 217:2,9 220:12,19 38:3 222:15 284:7 checking circuit 44:20 1:1 chemical circulate 9:17,20 12:9 17:1,6,7,23 287:14 19:5 90:14 95:13 126:3 citizens 179:9,15 180:15211:10 187:2 215:18 239:10 272:13 city chemically 39:10,11 67:1968:8,18 116:3 203:14 281:8 chemicals civil 12:16,18 13:7,9 18:8,11,22 1:1 34:16 41:15 55:7 78:20 clarification 109:1 124:22 164:3 179:18 10:21 116:13213:15 238:18 241:6 249:15,19 clarify 273:13 276:17,23 277:1 10:22 106:22 280:9 Papageorge, William P.E. Vol I (fmr Anniston Mgr) in MARS HILL (former Monsanto Employee) HARTOLDMON0034464 [clarifying - consolidated] clarifying coming 57:6 117:2 171:15231:16 32:6 46:15 167:20 255:18 commencing clay 1:1 50:11 comment clean 270:12 15:12 194:2 195:9,23 196:4 commented 235:14,16,23 256:19 257:14 265:8 cleaned commenting 62:1 280:4 cleaning comments 236:17 45:5 261:21 270:3,6 cleanup commerce 49:11 118:23 191:3 clear commercial 105:22 111:16 149:19 116:4 150:19206:11,11 170:18 171:9 223:19 233:2 238:18 268:1 239:13 261:5 commission clearly 82:13 106:6,19 107:14 136:6 150:7,14 232:23 300:23 clerk commissioner 261:10 1:1 5:6,23 clinging commitment 118:21 247:15 close commonwealth 9:4 127:10 139:4 217:19 214:6 233:1,12 communicate closed 107:4 136:9 285:3 271:23 272:1 communications closely 17:17 91:4 community closest 120:16 217:18 companies closure 128:18 233:8 company clothes 1:1 17:1,8,23 18:22 19:6 208:3 43:17,22 44:3 68:13 78:21 cloud 108:20 109:1 124:18 219:22 125:12 126:20,23 127:2,3 coast 128:13 132:7 158:7 164:4 124:18 227:23 286:21,23 178:14 183:15245:15 287:2 247:2 249:20 274:15,16 collect 279:20 280:10 105:10,12 148:8 company's collected 44:1 40:13,23 51:5,10 72:4 89:4 compare 89:8 104:19 152:17 215:20 67:13 235:21 collection compared 73:23 259:2 66:3 213:19 216:8 235:11 colors 271:12 294:18 295:1,9 223:9 297:3 column comparison 65:18 66:9 75:18,18 102:13 294:21 297:12 columns compensated 62:8 22:20 23:2,21 compensation conducting 22:23 26:1 27:2 30:14 completed conference 30:9 42:1 242:3 115:10 189:3 completion confidence 120:12 103:6 138:6,13,20 complex confidential 120:6 43:17 44:2 80:5,10 91:7 compliance 92:1 99:16 138:2 139:8,17 5:13 140:10 147:3 148:18 comply confine 184:15 46:8 component confirmed 35:10 48:10 components confluence 25:2 27:8 267:23 74:16 81:2 compounds confuse 76:4 240:18 241:18,21 107:6 207:7 computer confused 300:8 41:661:6 144:10218:3 conceive 231:12 201:7 confusing concentration 22:15 59:7,21 64:8 65:2 67:4 connected 76:18 115:8 252:18 253:4 300:13 concentrations connection 153:4 8:1824:12 124:12 125:3,13 concern 128:12,15 130:22 131:10 31:9,11 179:1,6 207:13 131:17 132:6,16 136:17 239:6,8 258:19 275:16 163:5,6 246:5 249:10 concerned consecutive 37:12,21 50:18 79:23 244:23 165:23 166:6,12,15 174:18 consensus 175:10,19 176:10 179:9,22 176:16 246:11 conservation concerning 158:5 84:16 177:10,17 178:21 conservative 182:20 251:22 275:7,13 277:9 286:18 consider concerns 111:6 124:1 167:8 296:19 79:18,19 175:15,17 186:17 considerable 246:15,16,18 251:18,21 concluded considerably 117:15 119:22 93:1,7 conclusion consideration 176:5 103:7 167:13 conditions considered 241:7 242:11 262:4 263:7 167:23 177:15213:5 216:1 263:17 264:2 270:20 271:5 271:23 276:9 291:17 consist conduct 73:22 25:1 26:13 28:3 179:10 consistent 208:11,17 238:19 240:9 49:22 conducted consolidated 24:19 25:5 26:16 37:11 214:9 229:22 242:2 270:16 Papageorge, William P.E. Vol I (fmr Anniston Mgr) in MARS HILL (former Monsanto Employee) HARTOLDMON0034465 [constructed - creek] constructed continue Cornell corresponding 105:9 12:1,3 15:15 113:21 117:16 228:3 294:23 consult 117:21 199:16241:8 corner costly 53:20 92:15 124:8 241:3 256:15 219:2,7 120:6 consultant continued corporate costs 19:10,12 123:14,17,20 123:1 142:9 181:1 245:13 70:6,21 71:3 188:7 119:17 130:6 131:3,6 287:21 298:18 299:6 corporation counsel consultants continuing 125:1 126:9,10 127:14 5:3,17,18 7:1 163:6 170:7 109:10,16 94:5 128:15 131:19 185:9 216:16221:10222:4 224:1 consultation continuously 186:19 203:16 214:8 298:20,22 132:15 216:7 correct counterpart consulted contribute 8:7,8 10:8 29:12,13 30:1,2 164:11 195:1 225:13 238:6 163:6 255:8 30:7,8,11,12 33:1,2,5 36:5 country consulting control 36:17 37:9 38:10 40:14 24:16 202:11 7:21,22 23:6,18 24:4,13 16:8,15 94:16,22 95:8,11 41:5,19 44:17 47:13,14,22 county 85:4 124:1 125:1 128:12,14 112:20,20 148:19247:13 47:23 48:2,6 50:15 56:13 1:1 7:14300:19 128:18 129:1,4 131:10,18 253:2 56:19 57:9,10 59:11,12,16 couple 143:10,11 171:1 controlled 60:2,3,11 61:2 63:2 64:6,7 20:15 168:2 234:14 consumed 278:13,16 64:10 67:23 69:15,16 74:16 course 111:5,8 controls 74:17 76:5,12 77:21 78:12 128:2 129:19 161:9 174:8 contact 294:18 295:2,10 78:13 79:4 80:2 83:19 219:23 223:20 276:18,20 256:14 controversy 85:20 88:8 89:4,5,12 91:8 287:22 296:16 contacted 300:16 93:10 96:5 97:8 98:8 99:1 court 167:10 286:16 conversations 101:18,20,21 102:2 105:5 1:1 5:14 9:5,6,9 123:5 contacts 139:15 168:13 188:21 105:20 109:4 111:19,20 126:14 127:11,12,18,19 167:2 169:9 243:18 243:19 112:14,15,17 113:5,6,13 cover contain convey 114:21 115:3 117:18,19 25:5 112:5 137:10 222:9 206:8 86:3 120:3,7 122:2,3,17 123:14 248:16 contained conveyed 123:15 124:14 131:4,5,7,8 coverage 105:19 165:10215:12 77:10,19 85:13,21 275:21 137:3,4,17,18,22 141:2,3,8 135:6 271:22 287:23 289:4 300:5 287:11 141:9,13,17,18 143:2,3,5,6 covered containers conveyers 146:21,22 147:3,6,11,18 35:15 111:15 201:6 287:11 148:12,13 149:2 150:10 covering containing convinced 155:17,18 156:5,14 157:2 14:7 63:17 240:7 258:4 157:14 158:8,9,12 159:3,13 cox contains cooperate 159:14 163:15,16,17,18 19:21 20:13 104:15 116:3 285:6 164:7,8,17,18 165:15,16 craftsmen contaminant coordinate 174:20,21 176:11 180:11 13:17 213:5 254:13,20 180:14,19 181:19 182:15 create contaminated coordination 186:20 187:4,12 193:22 175:15 259:1 275:7 109:3 118:9 120:19 164:21 255:9 194:3 195:10,19,21 198:21 created 201:23 202:3 205:10 coosa 198:22 201:19 205:3,13 220:4 273:6 275:12 277:21 209:14,21 210:17211:14 89:3 289:15,21 294:4 224:20,21 232:2,3 237:15 creating 211:15,16212:4 290:2,14 copied 237:22 248:23 250:21 206:13 292:1 70:11 264:16 266:15 270:11 creatures contamination copies 277:14,23 280:22,23 226:21 227:10 118:13 119:23 165:14 103:14 169:1 173:18 283:20 284:2,3 285:11,18 credits 210:3,4 212:14,20 233:4 216:12 265:10 285:19 291:21 294:5,6,17 9:23 272:20 277:13 copper 295:10,14,20,23 296:5,11 creek content 9:2 296:15,22 297:4,19 37:13,14,22,22 38:3,4 46:1 76:12 168:10 copy corrected 40:13 41:1 44:21,21 45:14 contents 22:7 80:1 98:23 149:7 213:22 45:14 50:20 51:6,8 61:1,4,9 32:14 168:18 292:11 173:14 235:10 245:11 correctly 62:10,15,23 64:5,6,14 continual 293:19 170:11,13 264:22 67:19 72:4,9,23 73:14,16 214:2 copying correspondence 74:15,16 81:1,2 82:2,8,22 195:12 22:7 86:9 89:3 91:13 92:20 Papageorge, William P.E. Vol I (fmr Anniston Mgr) in MARS HILL (former Monsanto Employee) HARTOLDMON0034466 [creek - depending] creek (cont.) cut days (cont.) defined 93:19 94:21 101:23 102:11 268:19,20 235:10,12 136:7 143:14 144:4 148:11 cv ddd definite 152:20 157:8 159:8,16,22 1:1 11:16 227:16 200:5 160:1,8,21 215:7 233:1,8 cyanides ddt definitely 233:12 235:15,16,23 211:10___________________ 176:2 182:16 236:18 258:3,7 259:9,10,15 d ddts definitive 272:21,21 273:5 289:17,20 289:21 290:2,16,21 291:21 291:23 292:18 294:4 daily 34:6 100:22 106:4,4 141:5 damage 226:18 227:15 deal 258:18 289:4 35:22 deformed 296:10,18 creeks 181:2 184:18 226:3,4 dealings defrosted 290:10 crockett 82:12,18 83:2,10 84:13,22 91:11,20 92:5,23 93:20 137:13 139:6,16 140:9 damages 226:12 dangerous 292:2 data 84:13,22 deals 8:3 deaths 187:21 75:1 degradation 227:15 267:6,17 degree 9:16,20 10:3 130:10 210:2 141:8 148:7 232:20 233:6 27:10 62:3,5 83:8 84:18 debate 265:18 252:3,9 253:14,18,23 254:10,15,21 255:14 91:13 92:19 93:19 94:9 138:1,9,18 139:7,13,17 271:15 deborah degrees 63:21 202:23 203:1 256:12,18 257:1,9,14 crockett's 83:7,15 256:1,7,9,17 140:9 143:13 144:2 177:10 177:17 178:21 179:3,7,19 179:23 180:6 182:20 262:3 1:1 5:5 300:21 decades 32:10 181:14 273:6 284:8 deliberate 213:16214:1 216:7 deliver crude 296:20 269:22 270:17,23 280:12 285:14 296:4 deceased 249:22 15:10 demonstrate crystal 105:22 csr date 22:11 77:4 86:17 93:22 113:7 122:13 134:7 155:18 december 112:7 137:20 155:16 156:1 156:17 157:7 183:7 237:18 92:22 demonstrated 203:3 205:6,12 206:1,2 5:6 cubic 173:23 181:12,15,18 183:22 233:11 298:19 237:19 246:7 decide 228:18 242:4,6 dense 115:20 116:11,16,17,20 299:7 14:22 139:14 165:8 Cunningham 2:3 215:3 229:17 curb 45:3 curious dated 28:17 64:12 88:14 117:6 47:12 54:18 58:23 67:17 69:17 78:9 101:16 108:8 112:6,7 155:3 158:10 163:11 decided 194:1 199:10 decision 194:11 199:6 decisions department 11:15 12:11 13:7 14:13 27:15,21 28:4,16 30:7,17 30:23 31:4,8 33:5 36:1 37:2 41:14 52:7 58:23 70:6 71:3 215:3 163:17 171:21 183:7 185:4 71:17 71:22 85:19 87:16 92:12 current 146:19 253:20 271:14 currently 262:2 customary 193:13 231:7 237:14 274:5 282:4 286:1 293:8 dates 122:5 daughter decrease 294:16,23 decreased 297:3 deemed 98:19 99:5 104:8 114:9 120:18 146:10,19 158:4 159:7 164:14 165:13 172:12 173:20 185:18 190:5 191:2,3,3 231:7,13 92:9,13 customer 186:19 188:23 205:1 246:23 customers 211:12,21,23 212:3 davidson 2:12 19:20,23 20:19 day 20:5,5,9 34:14 36:5,13 37:2 179:14,16 264:1 defects 280:5,14 defend 239:1,3 246:17 231:14,22 232:1 241:4 283:1 departmental 24:19,22 26:9 27:2 departments 77:10 166:23 167:9 169:7 37:4 55:23 56:9,12,19 57:8 193:18 25:3 27:9 34:13 44:12 177:9,16,21 178:21 179:2 179:21 180:17 182:13 59:13,23 60:4 82:3,8 88:7 93:4 102:7 114:21 115:15 defendant 127:5,6 128:3 department's 14:18 54:15 185:23 186:10,11 187:22 188:6,9,14,17 189:2,6 192:12 230:11,16 246:4,9 121:22 122:1 138:16 141:13,21 147:10 149:15 150:1,8,9,15 161:18203:8 defendants dependably 1:1 2:8 127:4 128:4 203:16 203:5 defense depended 263:20 customer's 232:8,10 253:20 273:2 298:21 300:20 193:14 define 33:12 92:13 depending 189:1 246:21 days 67:7 262:17 276:19 56:4 60:9 62:20 115:15 Papageorge, William P.E. Vol I (fmr Anniston Mgr) in MARS HILL (former Monsanto Employee) HARTOLDMON0034467 [deposited - division's] deposited detach different (cont.) discussed (cont.) 283:18 148:21 121:20 152:18 183:19 274:19 292:16 deposition detail 200:14 206:14 284:13 discusses 1:1,1 5:4,10,11,20 7:2 109:9 263:9 265:5,14 difficult 88:2 96:3 101:22 109:2 19:1721:10,16,1922:22 details 95:5 111:9 148:6 23:5,13,19 24:6 53:20 22:13 81:11 120:23 262:11 difficulty discussing 58:21 69:7 85:5 117:5 detect 33:11 40:15 84:9 123:1 126:15 136:19 163:7 38:23 103:6 161:3,22 162:8 diggings discussion 163:8 203:13 204:1,7,10 253:8 264:9 259:3 58:12 103:20 122:23 169:2 214:5 249:11 298:17 299:5 detectable diluting 189:19251:22 279:15 300:2 252:2,10,16,20 253:5 252:18 281:20 depositions detected dioxins discussions 5:14 8:12,15 10:7 126:16 106:14 250:23 251:5 125:18,20 277:4,5 94:19 95:2 101:4,7 107:11 136:18 detection direct 140:7 174:6 254:6,9 deposits 265:7 58:17 87:21 225:23 284:12 dismantling 110:6,13 determination directed 142:8 describe 34:4 147:6 241:9,19 242:1 101:19 155:7 displayed 245:18 255:5 272:13 determine direction 194:13 described 42:14 44:21 51:6 60:17 220:23 disposal 15:17 18:4 71:17215:14 86:11 208:21,22 209:6 directive 49:15 198:20 216:7 216:6 221:5 determined 189:4,9,12 dispose describes 80:9 121:11,17 165:10 directly 199:1 283:9 26:12 228:8 229:23 131:2 221:4 256:10 disposed describing detrimental director 276:4 17:16 205:21 216:5 296:5 17:22 18:20 70:15 71:7 disposing description detroit 78:18 79:10,12 85:11 276:8 61:16 102:17,19,20 127:16 128:16 133:17 163:21 194:15 dispute design develop 225:9 125:9 192:9 97:2 204:14 dirt dissolvents designate developed 49:19211:15 121:1 217:7 219:4 223:16 73:7 97:19 246:2 287:18 dirty distance designated developing 201:3 69:2 98:6 12:9 99:16 70:8 96:23 270:3 discharge distilled designation development 213:8 215:17,22 252:1 63:16 9:4 27:23 28:18 53:8 80:18 33:15 297:2,16,21,22 distinction 111:23 152:1 268:23 269:1 device discharged 107:15 108:2 213:16 293:9,10,11 52:6 289:6 distinguished designed devised discharges 250:13 290:16 72:15 105:10,12 200:8 193:18 289:18 290:20,22 district desirable diagrams discharging 9:8 243:5 258:3 84:20 82:2,7 disturb desire dialogue disclose 259:13 83:16 94:5 44:8 45:21 184:14,17 disturbing desk died disclosed 211:20 112:5 137:10 187:20 288:16,18 68:12 disturbs destroy diet discounting 206:1 80:6,11 99:17,19,23 100:18 229:1 263:11 ditch 147:3 148:21 149:4 202:21 difference discourage 104:20 105:7,9,14,19 destroying 16:19 74:18 106:22 212:2 165:8 156:21 157:8,9 215:7 100:2 205:9 213:23 223:9 289:23 290:8 discuss divided destructible 295:3 81:13 109:8,13 168:10,17 172:20 118:3 differences 175:17 176:21 275:5 division destruction 290:10 283:16 292:10 55:6,7 78:20 164:3 183:15 204:14 205:19 206:6 different discussed 249:16,19 280:10 276:20 14:19 18:23 45:1 49:6 51:3 71:11 83:2,6 110:20 139:20 division's 64:5 69:18 95:4 119:15 139:23 189:18,23 190:8 55:9 71:15 90:14 Papageorge, William P.E. Vol I (fmr Anniston Mgr) in MARS HILL (former Monsanto Employee) HARTOLDMON0034468 [doctor - emission] doctor downstream dsw (cont.) effective 10:2 71:4,5 225:6 238:10 39:1445:1381:1 149:8 153:18 154:1,23 263:13 276:7 242:16 dozen 231:4 234:11,17 235:6,22 effects doctors 16:2 282:18 236:7 248:14,14 249:23 37:12,21 44:22 175:20 247:8 dr 251:13 274:2,3 278:22 177:20 178:3,7 185:10 document 69:21,23 70:22 71:8 85:10 due 186:20 191:13,21 211:19 25:14 26:22 27:19 28:5,13 86:1 88:15 143:1,7,8,12,17 34:15 213:20 226:14,22 227:8,17 228:13 28:23 29:10,11,23 30:3,5 163:14 166:4,9,12 167:21 duly 230:13,18,19238:18248:3 32:15,17 35:3,23 38:6,8 168:10 171:22 175:5,9 6:4 300:3 267:17 273:11 40:9 43:23 46:2,22 47:8,9 176:21 178:23 179:6,21 duplicating effluent 49:5 53:7,13,15,18 54:2,9 194:23 195:1,4,11 225:5,8 33:12 37:13 44:23 50:6 59:22 54:11 57:13 58:14,18 59:14 225:12,12 238:6,9,11 dusting 88:4 112:22 113:5 121:22 59:17 60:22 74:12 77:15 239:13,16,20 240:13,15,20 211:13 148:10266:12270:18 78:11,14 79:5 85:2 86:5 242:15,17,21 243:12 267:4 duties 271:4 87:12,13 89:1,2 90:4,6 267:12,18 269:21 282:21 18:1 158:18,19___________ effluents 101:13 104:1,3 108:4 112:2 283:7 284:22 285:4 294:8 e 120:2 257:8 117:5 137:7,12,19 140:13 294:15 295:6 297:15 earlier effort 140:17,23 141:2,4 145:12 draft 145:20 146:5,8,15 147:2 91:16 194:5 224:17 269:18 28:5 36:12 51:16 67:6 71:11,18 72:1373:3 80:12 255:9 efforts 148:4,17 149:4 151:19,21 152:13 153:18,22 154:10 154:22,22 155:11,13 drafted 224:22 drafting 119:18 128:23 129:12 171:9 190:11 216:6 281:16 283:19,20 49:8,11 eggs 228:23 288:8 157:20 162:17,18 163:2,4 245:20 270:1 279:9 163:11 171:21 173:18 drafts early 73:18 81:23 85:1 142:12 eight 3:6,16,21 4:6 14:6 20:9,21 174:4,7,9 182:17 183:7 185:3 192:20,22 194:13 195:8,17 223:23 224:12 270:2 drainage 215:7 159:20,20 160:3,6,14,21 161:3,22 162:8 165:1 168:4 173:21 190:13 196:22 42:8 60:10 62:17 67:22 69:6,6,9 76:10 88:7 104:22 105:3 114:20 115:15 225:15 226:12 231:4 draw 232:13 234:9,10,13,14,16 218:13 284:12 203:6 earned 134:20 150:2 152:18 157:21,23 222:2,6 278:20 235:3 236:7,14 237:11 dredge 9:23 279:1 281:19 238:1 245:8,21 246:2,22 258:3 247:6 248:13,15,16 257:22 dredged 259:23 260:3 261:8 266:8,9 258:7 259:15 268:5,13,15 269:3 270:1 dredging 271:8 273:16 274:1,7 259:8,10 ease 192:5,12 easier 103:17 163:3 east eighteen 3:11 59:9 111:21 112:10 133:9 eighty 88:6,7 93:3 135:14 271:12 278:19 282:2 286:8 drippage 8:23 199:13217:14,15 either documents 201:4 16:17 20:23 22:4,5,14,17 drips 26:3 58:1 100:3,7,17 39:4 103:15 124:3 130:17 146:2 drive 154:14 162:23 234:6,19 121:3 134:6 218:2 286:21,22 287:2 easy 258:18 eat 76:14 212:3 23:16 52:4 77:20 126:12 135:18 163:12 179:12 185:5 188:8,23 209:11 212:12 electric 249:9 260:18 261:1 269:13 drop doing 254:12 46:4 72:8 74:8 233:18 dropped dollars 42:4 23:23 131:20 132:2,9,15 drug eating 211:15 economic 119:12 economically 203:16245:12,15 electrical 15:12263:14266:18 274:13 elevated 206:19,23 179:11 119:1 121:14,15 209:3 don 172:21 173:2 185:7 drums 49:14 200:15 201:8 edema 288:12 eleven 3:8 37:1 64:4 88:13,19 double 160:16,17 doubted dsw 27:23 28:1,18,19 36:9 40:8 53:8 54:5,10,21 87:6,6,23 edge 217:4 educational eliminated 277:14 elmer 289:19 291:20 doubting 98:20,20 104:2 112:2 114:10 137:8,9 140:19,20 9:10,14 effect 173:19 225:4 269:22 emission 292:17 142:19,19 144:1 145:22 5:12 31:11 228:19,21 229:2 93:14 254:1 146:13 147:22 148:17 229:7 247:23 Papageorge, William P.E. Vol I (fmr Anniston Mgr) in MARS HILL (former Monsanto Employee) HARTOLDMON0034469 [emissions - exposure] emissions 91:13 92:19 93:1,19 94:9 250:20,23 251:5 253:16 254:2 emmet 163:13,14 emphasis 179:10 emphasize 10:12 emphasizes 180:5 employed 7:17,18 123:14,17,20 employee 158:16 172:11 183:14 300:15 employees 100:10 employment 11:7 74:9 empty 221:15 enable 61:17 enclosed 154:11 155:22 enclosure 154:10 encompass 36:14 encouragement 190:20 ended 259:2 engineer 11:14 12:9 engineering 8:3 9:17,21 11:15 12:10 14:11,12,14,21 99:6,14 120:18 123:22 215:9 engineers 14:15 engman 95:19 enormously 94:14 enter 272:3 entered 6:23 51:7 entering 56:22 57:2 entry 75:20 182:10 environment europe exhibit (cont.) 111:3 118:4 182:4,8 193:20 130:3 172:20 145:16 148:1 152:3 154:18 213:10,17215:23 226:9 evaluate 157:22 162:20 171:16 253:2 258:13 272:3 273:10 110:23 202:8 172:9 183:2,12 184:22 284:13 event 185:15 193:8,16 203:17 environmental 51:4 195:16 204:2 206:16 214:4,13,16 16:8,15,16 17:22 18:14,20 eventually 216:17221:6,11 222:5 22:10 29:17,20 55:8 71:13 13:8 93:21,23 133:23 134:1 224:6,10 231:2,9 234:3,7,8 71:16 79:18 133:18 150:22 142:4,5,10 165:9 182:8 237:6 244:7,9,13 247:19 158:22 174:11 190:18 287:23 248:20 259:18 269:9 194:22 213:5 224:19 everybody 273:18 278:23 281:21 247:10 249:18 250:13 103:17 150:21 179:17 286:4 293:2,15 298:7,8 environs evidence exhibits 216:14 5:21 39:2 193:19 4:10,11 21:18 epa evolved exist 148:7 250:4,11 255:23 130:9,10 117:16272:6 256:10,14,20 257:4,16,20 exact existed 261:10,23 262:7 264:15 81:14 110:5,12 181:18 273:8 epa's 184:4 244:23 existing 265:12 exactly 254:2 263:6,17 270:20 epidemiological 183:21 190:22 235:9 271:5 208:12,18 examination exists epidemiology 6:14 116:12212:11 208:15 examine expected equal 210:23 211:3 255:5 88:6 207:13 examined expedite equipment 6:5 211:8 31:16 99:11,12 119:10 138:8,21 example experience 274:13 91:22 118:15 136:17 176:7 33:14 erroneous 178:14 189:3 246:19 experienced 201:6 263:14 264:10 277:3 33:11 149:12258:20 escape 290:11 291:9 experiencing 182:7 exceed 56:16 113:11 escaping 141:21 202:22 experimental 252:22 excess 294:22 especially 253:19 expert 175:3 177:9 245:19 excessive 124:16 125:2 126:9 espey 181:1 experts 274:15 excuse 109:19 esq 113:17 expires 2:3,5,9,12 executed 300:23 essence 28:8,11 222:18 223:5 explain 174:9 exercise 166:19 established 133:21 explains 121:12 138:7 270:18 exercised 16:19 estimate 134:8,13,17 explosions 187:19 exhibit 263:15 estimates 6:12,21 7:4 11:18,1922:2 expose 119:17 25:9,11,19 26:12 28:20 210:4 et 47:4 52:1 53:10 58:4,6,20 exposed 1:1,1 91:12 92:3,6 203:15 69:8,11,12 73:5 77:23 78:2 110:16 115:14210:11 ethologists 79:8 85:6 87:8 88:18,23 294:15 295:7 109:20 89:23 90:11 95:21 98:9,22 exposing etowah 101:10 103:21 108:6,11 121:2 300:19 112:9 114:6,12 117:4,10,13 exposure 137:14 140:14 142:20 115:16 178:9 181:2,7 Papageorge, William P.E. Vol I (fmr Anniston Mgr) in MARS HILL (former Monsanto Employee) HARTOLDMON0034470 [exposure - flow] exposure (cont.) fallen fgl (cont.) first 189:19211:23 78:22 244:20 6:4 20:5 34:10 36:8,11,22 express fallon field 37:15,16 38:12,15 39:17 179:1 189:13 128:6 184:19 186:3,3,6 43:18 48:8 52:19 54:4 56:5 expressed falls 188:2 189:5 243:5 64:11 69:23 72:1 73:16 195:7 237:3 275:16 220:10,17 fifteen 80:20 82:1 84:21 85:9,10 expressing familiar 3:10 37:3 47:20 48:19 60:5 91:10 92:21 100:20 110:2 118:19 179:6 10:7 24:23 129:16 221:22 101:11,14 112:4 116:14 126:20 expression 232:16 fifty 134:10 137:7,9 146:3 148:5 24:21 35:21 194:10 226:11 far 4:7,8,8 23:23 42:8 48:22 149:22 152:1,9,11 153:23 245:17 64:18,19 68:15,22 297:11 55:17,23 112:23 131:20 154:5 155:22 173:18 174:3 extensive farrar 132:9 136:4,10 214:21 174:13 177:14,15 181:9 180:8 297:6 70:15 194:23 225:12 285:21 286:5 293:1,3,6 186:22 187:5,8 189:22 extent 237:14 238:5 242:15,15,17 298:7,9 193:23 194:7 224:14 234:9 86:11 258:20 242:21 243:12 figure 234:10,14 235:14 236:23 extract fat 42:5 75:17 149:20 238:8 244:18 246:3,8 75:6 119:6 121:1 75:7,8 76:18,19 144:16 figures 247:18,19,20 249:23 extrapolated 145:3 93:14 94:15 149:22 297:17 251:12,15,16 261:7,7 275:3 119:12 favorable 297:18,21 277:23 283:14 286:15 extreme 92:23 265:14 file 294:8,19 296:14 300:3 93:13 252:17 fda 148:22 149:6 fish extremely 80:22 81:7,13 83:10 179:23 files 31:13 32:11 45:23 72:4,18 242:7 189:16,18,20,23,23 190:3,3 100:12 72:20 74:1,14 75:16 76:14 eyesight 191:4 238:11,14,19239:10 filing 76:19 77:2 80:23 81:10 219:10 240:9 242:9 250:10 5:23 82:22 86:6,8 89:2,6 109:3 f fda's facilities 81:5,19 239:7 240:12 142:7,8 facility feasibility 202:9 125:11 126:4 128:7 209:10 feasible 215:15 216:13 287:2 fact 231 30 6 31 21 3415 37 6 41:17 51:5 60:8 63:10 65:19 89:17 93:18 94:20 202:4 205:5,12,19 206:3 february 27:19 89:7 171:21 173:21 185:4 216:14217:1 federal 113:10 117:23 121:7 122:4 9:6,8 17:19 83:10 127:12 122:15 140:8 148:6 165:5 175:23 176:22 196:4 207:2 228:13 236:8 241:19,21 251:1 275:11 278:6 288:15 290:19 295:15 298:22 127:19 152:16 191:6 250:21 251:2,7 261:20 262:9 270:10 feed 167:2,10 169:9,13 182:10 299:1 288:1,2 feeding filled 201:18 filtered 63:16 final 149:9 266:5 296:2 finally 19:6 288:23 financial 1:1 2:10 find 22:1 40:3 130:18 203:2 204:21 211:20 212:11 finding 40:15 102:14 findings 80:22 81:5,9,19,20 84:17 165:3 182:3 109:19 110:7,19 111:2,8,11 143:8,16,17 144:3 162:9 174:19 193:20211:16 212:3 250:11 287:4,6,20,22 289:3 290:11,14 294:3,15 295:7 296:8 fisheries 229:10 fishes 143:14 294:21 296:18 fishing 233:3 fit 10:19 107:22 139:11 five 3:5,15,20 4:5 37:4 46:23 47:5 52:1 53:16 55:17,22 56:9,12,12,17,18 64:22 213:14 278:15 284:16 fahrenheit 202:23 203:1 238:19 feeds 250:14 fine 6:18 26:7 86:22 123:12 138:11 171:7,14218:11 failed feel 278:19 282:20 486 fair 10:21 119:20 177:9 178:23 finished 252:9 15:11 27:6 63:23 80:20 95:7 142:16 160:19 221:23 223:15 284:4 felt 92:15 256:15 261:23 262:15 fire 263:12 fires falcon 228:2 fence 235:18 236:2 291:11 firm fall fgi 124:10 128:22 129:2 136:23 137:1 190:13 220:1 224:15,15 225:18 244:19 143:10 68:18 77:6 93:3 105:1 115:15 116:20 135:14 147:20,22 148:2 197:9 203:10 214:4,17 244:21 259:19,22 flexible 13:3 floor 39:5 210:10 florida 229:12,12 flow 27:1091:1392:19 118:5 Papageorge, William P.E. Vol I (fmr Anniston Mgr) in MARS HILL (former Monsanto Employee) HARTOLDMON0034471 [flowing - goal] flowing formulation full general (cont.) 281:8 167:2,10 169:8 5:12 7:7 21:8 25:5 198:16 245:12,14 272:18 280:8 fluid formulators 206:11 251:12,15,16 288:4 184:19 287:9,14 288:1 fumes generally fluids forth 291:11 43:22 61:15 123:21 203:23 78:19 79:1,11,12,22 173:4 1:1 270:9 fuming general's 183:17,17 184:3 185:20 forty 96:21 156:6 186:1 193:15 3:22 4:3,3,4,4,5,5,6,6,7 function generated fold 8:13 25:23 59:15 84:6 15:9 100:3 125:18 206:8 273:5 247:14 113:12 132:12 147:11 functional generation folks 196:23 231:2,10 234:4,8 78:19 79:1,11,12,22 163:22 233:22 173:7 237:7,10 243:3 244:8,10,14 164:5 173:4 194:16 195:5 gentlemen following 248:12,21 259:19,22 225:10 20:12240:17241:1 12:7 13:20 80:21 86:17 268:11 269:10 271:10,20 funding geographic 253:13 273:17,19 278:20 279:1 247:8 61:16 186:9 follows 281:19,22 funds georgia 6:5 150:7 288:23 forward 99:13 247:11 81:8 165:4 food 204:8 furans gerald 167:2,10,14 169:9,13 forwarded 277:2 143:1 178:13 179:11,13 182:11 261:3 further gerard 228:9 found 10:5 124:4 233:21 240:10 2:12 19:20 foot 31:10 32:2 42:17 64:4 88:9 253:1 259:1 271:2 300:12 getting 115:21 116:16 111:4,9 118:10 164:15 future 50:20 85:4 110:16 119:14 force 174:11 188:4 189:21 267:6 114:4 255:22 137:2 174:18 237:20 5:12 190:6,14 forced 232:23 254:12 foregoing 300:9 foresman 95:18 forever 118:4 forget 121:3 forgotten 22:11 29:18 73:11 229:1 form 5:18 66:7 153:11 156:7 267:7,18 285:9 g foundation 251:9 gadsden 1:1 300:19 foundries 291:9 gallons 47:20 48:17,19,22 52:20 four galvanized 3:4,14,19 4:4 20:6 28:14,21 32:18 33:1 34:2 43:14 46:14 60:5 67:15 86:5 89:10 100:21 101:1 104:22 141:12 145:14,17,21 146:7 15710 garage 39 5 21010 gardening 211:14 147:10 203:11,18 244:21 garrett 248:12,21 257:6 261:16 267:1 271:8 280:19 fourteen 1:1 5:6 71:19,20 85:14,17 88:17 232:1 233:7 300:21 262:12 give 11:2 37:6 60:23 61:16 69:19 74:12,21 77:13 126:1 126:15 138:9 224:13 270:6 285:20 297:16,18 given 29:16 42:5 48:11 75:3 80:17 133:11 134:23 167:13 186:8 207:22 208:8 247:12 298:20 300:11 gives 41:17 42:9,11 65:16 104:21 152:23 giving 166:1 175:7 179:4 180:2 3:9 24:14 59:22 98:10,13 187:17 191:15 192:16 98:17 113:3 196:5 200:3 202:6 209:17 francisco 209:23 210:18211:17 127:10 212:6 213:11 219:16 franklin 220:20 221:17 223:11 1:1 2:9 226:5 236:9 240:5 241:15 frankly 246:13 248:6 251:8 252:12 8:11 254:17,23 256:21 258:8 free 272:23 284:9 289:12 290:4 10:21 291:1,4 292:3 297:9 friedman formal 2:6 9:22 front formed 121:17 146:4 190:19 276:17 frozen formulating 72:5 181:21 153:1 gasses 205:15216:3 glanced 206:7 gather 189:2 gathered 1668 30:4 245:6 glenaddie 64:15,17 gloves 207:22 gc 15514 23 geary go 10:5 16:14 22:1 26:4 29:3 53:13 54:7,10 58:9 176:12 155:8 gene 140:3 160:16 179:23 182:18 199:11 204:8 215:7 234:20,23 252:15 265:19 268:4 general 15:1,22 16:2 26:1 108:17 293:11 goal 108:22 128:2,4 155:9,16,19 57:7 205:8 156:5,16 164:2 183:10 Papageorge, William P.E. Vol I (fmr Anniston Mgr) in MARS HILL (former Monsanto Employee) HARTOLDMON0034472 [goes - hill] goes group (cont.) happen heated 11:1094:12 154:2 207:16 266:20 76:22 174:23 208:16 287:8,14,16 260:14 295:22 297:11 groups 277:10 held going 188:5 227:13 happened 11:8 33:19 58:12 103:20 11:2 21:1022:1624:14 growth 48:1,11 49:1 288:6,16 122:23 138:2 139:8 246:11 26:5 45:7 46:21 53:5 54:3 165:9 284:15 happening 248:4 281:20 58:17 64:21 83:21 88:12 gsw 277:11 helms 105:15 109:20 129:10 278:22 harm 2:12 124:10 129:3,5 130:6 134:11 138:11 140:8 guess 121:18,20 210:5 281:12 131:11 132:16 135:11,23 142:12 152:8 166:23 169:5 7:18 29:6 57:19 62:13 harmful 136:21 199:22 201:12 212:9 214:3 64:18 92:8 132:4 142:14 193:20 help 222:9 224:9 234:6 240:9 160:4 181:16 199:19215:3 harmless 11:22 14:21 15:1424:21 254:1 256:9 259:21 266:9 217:18219:5 261:4 245:16 246:5,10 247:20,22 40:17 111:13 124:5 130:19 268:10 273:21 277:8 guessing 248:5 280:22 136:15 269:19,23 278:17 291:11 298:16 31:6 92:7 277:9 hatch helped 299:3 guidance 228:23 288:8 269:20 good 63:14 100:19 hatched helpful 6:16,19 12:7 22:19 53:23 guide 230:1 22:19 67:10 68:6 123:8,10 187:19 100:11 hauled helping 201:10,15,17215:9 219:10 gulf 49:15 200:16 109:21 295:17 229:11,12,13,18 haupt herds gotten gunning 99:3,15 100:21 146:23 164:17 33:23 109:23 110:1 143:1,7,8,12 haupt's hereto government 143:17 147:5 4:11 92:11 190:16 gustaf hazardous hereunto governmental 186:14 241:6 242:7 300:17 94:9 115:11 122:16 gustaf's hazards hesitate grab 192:5 180:19 182:21 56:20 63:13 105:13 gut hb hesitating grabbed 119:20___________________ 35:7 9:7 97:13 63:20 graham 275:4 282:6 grandchildren 209:12210:15 grazing 165:6 great 74:22 217:11 218:16 289:* greater 113:12 115:1 258:20 greensboro 2:13 gross 94:13 grounds 5:19 group 12:19,20 17:11 19:1 51:15 51:17 71:23 78:19 79:2,12 79:13,15 81:12,16 83:9 90:14,19 107:9,13 116:8 163:23 164:5,12 183:16 188:23 190:19 194:7,17 195:6 225:10,13 238:7 241:1 242:23 243:1 255:3 h hcgih hesitation half 16:1 20:5 68:9 116:10 217:4 282:18 hand 116:9,10 hcl 36:1,4,4 37:2,2,7,8 44:11 head 34:15 190:2 193:2 high 60:8 62:23 66:1,6 67:4,7,13 80:23 82:21 86:9 89:8 108:4 114:5 219:2,6 224:9 49:19 87:16 90:19 119:8 100:22 102:5,11,18 117:15 234:6 237:9 248:11 259:21 292:22 293:5 300:18 handle 82:14,19 83:8 182:6 198:20 handled 190:20 195:5 headed 70:21 71:22 99:5 231:21 health 220:23 117:21 119:17206:12 242:4 246:20 278:15 296:9 higher 149:17254:11 highest 83:17 handling 83:2 275:8,13 hands 223:23 19:3 71:6,9 85:11 164:14 165:13 175:19 177:19 178:3 180:18 182:21 208:12,18 211:19 243:22 283:1 89:13 highfalutin 119:19 highlighted 57:21 handwriting hear highlighting 236:13 handwritten 177:3 heard 58:2 highly 54:16,23 55:1 234:12 235:3 235:10,15 236:7 242:12 handwrote 45:19 116:14 170:13 hearing 68:6 175:11 261:9 264:19 50:12 276:12,13 277:18,20 278:7 highway 236:23 hang hearings 265:20 221:2 hill 118:1 heat 1:1 68:15211:6 217:2,8,14 185:20 186:1 189:15 287:7 220:12,19 222:15 284:6 Papageorge, William P.E. Vol I (fmr Anniston Mgr) in MARS HILL (former Monsanto Employee) HARTOLDMON0034473 [hillside - individuals] hillside hundred (cont.) identify (cont.) incinerate 221:2 113:11 114:19 131:12,20 222:14,19 223:1,6 273:22 200:8 history 132:9,14 135:14 136:4,10 illinois incineration 11:7 95:9 144:5 147:10 156:23 157:9 8:23 15:21 199:13,14 201:22 202:2,3 205:11,20 hits 157:13 187:16 202:22 207:12 213:1 276:5,7,11,15 277:19 232:21 212:5 260:7 289:6 illnesses 280:20 hodges hundreds 288:10 incinerator 55:2,4,5 71:14 78:8 80:15 52:19 159:17 imagine 198:20,23 199:12,21 200:6 80:18,19 88:17 90:8,22 hurt 98:5 include 92:17 93:11 94:12,20 212:9 259:14 imagined 180:21 253:3 194:22 225:14,14 hydraulic 248:9 included hold 183:16 184:3,19 immediate 60:13 62:3,8 90:21 99:9 32:23 181:16 245:16 246:4 hydrogen 148:20 120:17 181:10 182:5,9 246:10 247:20,22 277:20 276:18 immediately 191:1 201:1,2,3 297:14 hydrogenated 194:3 195:10 includes holding 34:20 implemented 149:17 75:13 134:6 hydrogeologist 52:10 97:20 including home 220:14 implies 95:20 97:4 128:22 168:8 210:7 243:7 hygiene 156:9 248:18 hope 18:6 71:23 imply incorporated 16:18 hygienists 23:3 195:16 hoped 115:11 116:8 247:9 important increase 92:17,20 169:6 295:19 112:19 167:4 246:17 206:19 207:2 hoping idea 277:13 increased 119:13 hosmer 90:17,18 248:17 249:13,14 56:3 107:4 110:7,18,22 111:1,2 129:20 131:21 132:10 142:11 153:13 impractical 119:2 121:11,13,15 impressed 88:4 93:2 incurred 62:2 250:3 258:1 285:23 286:15 289:16 291:15,19 292:5,7 196:11,18 198:5 identification 166:18 265:23 impression indicate 28:7 29:9 94:16,22 112:1 292:12 4:11 7:6 11:21 25:1328:14 9:8 83:5 256:11 265:22 218:13 236:6 277:12 host 266:19 hour 23:23 115:15 131:20 132:9 136:4 298:21 28:22 46:23 47:6 53:6,12 57:12 58:8 69:5,10 78:4,5 87:10 88:13,20 90:2,7 95:15,16,23 98:11,16 101:12,15 103:23 108:5,13 impressions 129:21 improper 204:4 214:14 276:11,15 277:19 283:23 indicated 32:1080:12 157:15 191:13 240:16243:9 291:19 indicates hourly 112:11 114:7,14 117:3,12 improve 18:13 39:20 62:19 65:4 135:22 hours 20:1623:1724:11,14 131:21,23 136:9 house 137:6,16 140:16,18 142:17 142:22 145:15,18,19,20 147:20,21 148:3 151:20 152:5 153:17 154:20 157:21 158:1 162:15,22 13:10 improvement 82:13 92:21 106:5,19 107:14 150:7,14 232:23 inch 89:22 99:2 194:1 198:17 238:11 250:3 252:3 267:4 272:15280:3,13 281:2 294:8,15 295:15 296:8 297:1 210:11 huh 13:4 73:9 98:14 human 169:13 182:11 171:18,20 183:4,6 185:1,2 192:21 193:10 203:10,19 214:18216:12,19221:7,13 222:1,7 224:8,11 231:3,11 234:5 237:8,10 244:11 217:4 inches 220:1 incidences 53:3 indicating 13:4 21:7 73:9 98:14 182:22217:21 219:11 indication 285:7 296:20 humans 248:13,22 259:20,23 incident indicator 167:3,11,15 169:10 177:11 177:18 178:22 182:21 268:12 269:11 273:20 278:21 279:2 281:23 51:22 52:19,23 81:7 106:21 67:11 167:7 187:4,11,14,23 188:3 individual 211:19 247:23 248:3 hundred 23:22,23 37:1,4 43:6,10,15 285:21,22 286:6 292:23 293:4,5,7 298:6,10 identified 188:10,17 189:7,17 190:1 191:10213:19286:21,22 incidentally 29:15 55:5 71:14 79:14 158:21 186:8 189:14 231:20 249:15 47:20 48:19,22 56:13,18 59:9,22 60:10 62:17 63:1 26:22 42:22 219:1 identify 291:16 incidents individuals 18:7 124:4 169:2 173:2 67:2,22 76:10 88:5 102:6 25:2 27:7 47:10 78:6 87:1 53:1 242:22 243:18 255:3 102:14 104:23 105:4 113:4 130:19217:1,12218:21 Papageorge, William P.E. Vol I (fmr Anniston Mgr) in MARS HILL (former Monsanto Employee) HARTOLDMON0034474 [induce - keller] induce installation introduced jerry 280:5 14:8 52:4 121:7 200:17 273:9 285:17 158:6,13,15 162:2,11 industrial installed 287:6,20 jessee 17:1 18:6,22 71:9,22 52:13,15 199:4 introducing 140:3 160:16,16 108:23 115:10,11 116:8 installing 252:17 job 179:8,15,18 180:15 183:17 13:18 introduction 18:5 53:23 95:12 215:18 239:10 241:5 247:9 instance 129:13213:17214:1,2 joe 272:13 273:13 291:8,14,18 277:7 inventories 82:11 91:11 292:8 instituting 15:3 john industry 86:10 involve 15:19 250:3 279:16,17 95:12 instructed 18:1 286:2,16 inference 188:2 involved joined 271:19 instrument 10:6 13:16,17 18:1423:12 11:12 inform 13:20 34:16 70:16 71:13,16 85:18 joint 138:16 instrumentation 109:11 119:14 121:1,2 6:8,22 informally 252:19 125:5 126:5 128:2 129:13 jot 190:19 insurance 130:11 136:8 142:15 194:8 information 126:23 135:5 150:22 182:2 184:2 191:6 jotted 17:15 32:9 43:21 77:9,18 intend 206:23 225:5 245:20 195:13 80:6,11 82:15,20 83:4,18 275:6 85:12,22,23 93:15 94:8 intended 250:11 263:22 284:15 involvement jr 2:12 78:9 99:10 104:15,17 110:5,12 10:18 194:20 30:13,15 125:23 130:5 juanita 111:13 148:20 174:13 intent 181:20 182:1 155:4 175:11 178:5 180:22 97:3 involving judgment 181:10 184:15,17 188:12 interagency 8:6 123:22 185:23 238:7 44:6 91:23 99:18 188:14,19 230:14 243:20 190:6,14 island judgmental 275:21 intercede 229:21 80:13 informed 283:6 issue july 259:16 interceding 22:10 32:11 84:23 125:17 28:17 30:10 31:4 37:23 ingest 283:5 150:23 190:18 232:21 38:2 57:13 58:23 146:12,20 178:12 interest 255:7 147:9 274:5 initial 150:20 240:8 250:10 issued jump 11:13 12:22 134:3 interested 22:8 100:10 169:15 189:4 260:9 initially 54:4 238:17 261:21 300:16 189:11 279:4 jumping 228:7 interesting issues 277:16 initiated 22:12 18:1429:1855:8 71:13 june 250:19 interim 158:22 249:18 24:16 60:1 62:16 injuries 253:15 item jurisdiction 192:14 246:12 interior 82:1 235:5,22 78:23 127:9 injury 181:6,17 191:2 intermediates j justified 175:16 innocuous 273:13 inquiries 186:18 inquiry 185:9 insisted 285:13 insisting 248:4 insofar 79:22 inspection 38:9 17:8,23 internal 106:16 internally 100:4 international 17:19214:7 interpret 72:18 interpretation 240:22 interrupt 26:2 introduce 1 91 -R 2:5 48:16 85:14 JaCK6l 287 13 19 jacketed 287 12 january 112:23 114:8,18 115:2,18 117:6,14 155:4 173:21 174:2 261:8 japan 130:3 japanese 187:2 jenssen 174:15 justify 204:23 juvenile 230:2 k kasowitz 2:6 keep 50:16 100:7,11 105:15 153:20 176:18,23 177:5 245:3 260:20 266:9 keeping 169:12 keller 70:20 88:17 Papageorge, William P.E. Vol I (fmr Anniston Mgr) in MARS HILL (former Monsanto Employee) HARTOLDMON0034475 [kelly - lifetime] kelly know (cont.) land leave 19:20,23 20:19 71:8 163:14 212:17 219:21 220:1,3,7 165:6 201:18 161:12259:12 163:14 165:22 166:4,12 221:19 223:10,13 224:22 landfill led 167:21 168:10 171:22 225:3,4 226:3 232:18 49:1568:23 105:10 111:7 254:10 175:5,9 176:21 178:23 236:11 238:14 239:3,16 111:10 196:14 198:8,11 left 179:6,21 240:20 242:20 243:2,4,8,11 200:2,9,16,21 201:19 74:9 191:4 279:22 kelly's 243:12 245:7,23 246:3 218:21,23 219:9,20 220:2 legal 166:9 249:21 250:5,6,7 253:6,23 220:11,18 221:16 223:2,7 87:16 91:12,21 92:6,12 kentucky 254:4 255:19 256:4,6,8,18 283:10285:11,17 93:12,16 125:7 164:7 2:4 214:7 256:23 257:1,5,11,13,21 landfills 165:19,22 166:5 225:20 kept 258:6 259:16 267:11 275:2 283:3 269:23 8:11 44:2 77:4 278:1 279:22 280:1,2 281:9 landwehr legally killed 281:13,17 282:16,22 231:6,15,19,20 234:17 246:1 230:5 288:18 289:10 290:21 236:8,20 237:4 legs kind 297:6,11 landwehr's 292:21 13:12 18:23 32:12 50:22 knowingly 236:12 lend 67:11 108:1 119:8,12 125:3 215:17 language 272:5 125:16 130:14 161:19 knowledge 178:19 284:22 lends 178:5,12201:4 215:18 44:7 52:18,22 68:14 77:22 large 271:14 233:23 243:22 244:14 94:6,11 177:15 188:13 5:7 300:23 letter 247:17 255:4 272:4 292:21 192:18 198:13 208:20 lasted 91:11,14,17,19,20 92:5 kinds 209:1 227:17 251:3 12:8 95:17 112:7 142:23 143:4 63:21 100:7 119:5 175:10 knowledgeable late 155:3 158:2,10 159:4 226:8,17,20 264:10 291:10 162:4,12 11:1320:1681:22 190:13 163:13,19 171:22 184:10 kitchen known lately 185:6 188:16261:9,12,18 210:10 10:1 174:1 187:4,10 200:23 124:9 266:7,8 274:3,11 276:2 knew 200:23 230:13,17 243:21 latest 277:12 282:3,12,15 285:23 70:2 177:21,22 178:7 259:11 281:12 91:1292:19 292:11 293:8,11,17,19 189:20 210:16 knows law 294:2 295:5 296:7 know 255:7 1:1 124:10 128:22 letters 9:1 10:10,21 11:10,12 krummrich laws 92:10 107:10 24:18 26:3,4,23 28:8 32:14 96:4,8,9 97:1,19 120:11 5:1327:10 level 35:1 37:20 39:22 41:10 121:5,8 122:11 209:10 lawsuits 57:8 66:1,6 76:15 88:5 93:7 42:23 47:3 51:13,18 52:12 212:15 225:23 113:20 115:1,17 146:20 55:22 60:15 61:4,8,15,21 1 62:9 63:18 64:20 65:6 67:7 label 67:13 68:17 73:15,22 74:10 74:18 76:16,20,21,21 77:1 80:17 81:18 83:1 85:21 86:19 91:14,18,18,19 92:3 93:17,22 96:16 97:22 99:15 169:12 labeled 43:17 100:18 labeling 17:15 184:16 100:8 105:7 108:2 121:10 124:20 125:7 126:19,21 127:11,13,18,21 136:6,10 136:13 138:3 139:10 142:5 152:15 155:19 157:4 labels 16914 18121 230 13 laboratories 155:6 156:10 laboratory 158:13,18 160:9,10,10,19 33:13 91:2 143:21 174:12 161:5,6,6 162:1,10 166:3 166:11 169:17 171:8 206 5 229 10 19 22 lack 172:19 178:22 186:14 173:8 175:5 178:2,3 183:20 184:5,5,6 187:20 188:1,5 94:16,22 251 9 lagoon 95:8,11 228:9 189:11,18,20,22 191:11 194:4 195:11 196:17 197:1 2155 lakes 197:14 202:8 209:5,9,11 272:17 210:2,6,6,20 211:18,22 lawyers 229:2 230:8 233:4 246:21 245:19 251:22 253:15,20 254:11 lay 264:8 265:7 175:2 levels laymen's 33:9 63:11 77:5 80:23 129:15 82:21 86:9 98:4 100:22 lead 101:23 102:10 111:18 233:18 113:8 117:15,21 122:4,15 leaders 122:17 153:8,10 178:8 227:13 243:6 207:13210:5 211:23212:1 leading 229:1,23 230:6 242:4 294:3 5:18 295:1,9 296:9 297:22 leak liability 52:16 213:21 216:8 287:18 225:21 leakage liable 49:12 174:23 246:11 leaking liberty 50:5 201:7 2:4 learn life 48:8 190:17 135:8 275:19 learning lifetime 10:9 115:16 Papageorge, William P.E. Vol I (fmr Anniston Mgr) in MARS HILL (former Monsanto Employee) HARTOLDMON0034476 [lightfoot - marked] lightfoot location lot manager (cont.) 1:1 2:9 40:1964:14 110:6,12 10:7 22:16 26:6 33:13 39:3 126:2 140:3 160:12 161:9 limestone 223:17 138:13219:19,21 291:13 164:2 280:8 291:16 50:5,6,8,11 52:5 55:20 logan louder managers 61:23 233:2 9:13 68:5 243:6 limit logistics loughry managing 199:7 254:1,3 25:17 282:21 283:7 285:4 79:15 limited london loughry's mandated 116:7 171:23 284:22 215:10 limiting long louis manner 33:6 251:22 20:4,14 26:4 55:22 74:5 7:14,15 8:23 9:18 14:3 83:8 215:13 line 94:1 100:6,11 129:1,4 16:10,11 17:2 20:3 87:4 manufacture 39:12 48:4 107:7 218:7,13 135:16 138:9 196:20 143:19 173:10 176:17 12:16,23 196:20 208:14 lines 284:17 285:15 287:16 183:11 185:19 199:13 262:4 263:7,17,20 264:2 165:7 longer 243:7 274:14 278:9 linked 144:11 159:1 181:3 199:22 louisville manufactured 228:12 292:14 2:4 76:4 151:2 197:23 198:6 lipid look low 271:11 74:19 75:5 76:12 144:16 25:14 28:23 36:6 39:3,23 67:9 93:14 229:23 230:8 manufacturers liquid 54:2,6,20 56:5 60:19 62:14 lower 266:19 200:15,17 201:7 63:7 64:1,11 67:10 72:15 102:16 216:20 manufacturing liquids 76:8 88:21 108:15 111:10 lunch 15:7,23 71:15 90:14 129:17 50:2 200:7 114:15 140:21 143:22 20:6 201:14,21 194:23 197:3,7,15 200:18 list 144:7 145:13 146:14 152:6 lying 249:16 267:20 274:16 16:3 87:12 239:15,17,21,23 152:10 183:5 185:11 49:17 281:3 240:3,4,7,7,11 listed 29:22 59:14 173:13 listened 265:15 listing 263:10 listless 296:11 lists 64:3 literally 193:11 216:20 230:9 245:4 m 286:3 293:13 magazine looked 22:5 155:1 201:2 279:3 286 17 magnetism looking 11820 22:3 32:17 34:2 39:2,5 67:8 78:6 90:6 130:17 216:22 218:1 220:16 230:10 278:18 295:12 looks 54:9 magnets 118:2 magnitude 42:22 69:1 maintenance 90:3 145:23 153:23 219:12 13:14,21 14:5 15:8 213:20 232:15 244:12,16,17 260:9 map 39:23 40:3 march 1:1 5:86:1 47:16 141:7,15 141:16,18 143:13 144:2 163:11,17269:8 marine 275:19 mark 11:1725:8 28:1334:1 46:22 53:5 57:11 69:5 77:23 88:12 95:14 108:5 150:21 literature 181:14 litigation 124:13 125:4 128:11,13 130:23 little 68:4 118:2 144:11 201:21 237:20 liver 180:22 181:2,11 living 174:20 260:10,15,17 lose 70:10 losing 27 8 35 4 9 15019 majority 200:11,13 making 253:7,7 loss 34:5 37:1 47:19 102:4 281:2 losses 13:8 241:8 269:16 malloy 48:16 mammalian 267:9 34:6,12 36:4 37:3,7,8 56:7 man 56:8,17 57:1,3 59:1,13 60:4 88:4 94:14,21 101:23 106:4 45 2 17816 17 235 10 12 292:19 106:12 112:21 113:11 117:3 137:5 142:17 162:15 203:9 214:3 216:11 221:7 222:1 234:7 268:10 298:6 marked 3:2 4:2,10 6:21 7:5 11:20 25:12 28:21 47:5 53:11 58:3,7 69:9 78:3 87:9 88:19 90:1 91:7 95:22 98:10 101:11 103:22 108:12 112:10 114:5,13 117:11 137:15 140:15 142:21 145:17 147:2 148:2 152:4 154:19 157:23 162:21 local 17:18 298:2 located 9:18 14:2 15:21 16:11 185:18 186:4 287:3 291:7 114:19 137:20 141:5,11,20 147:8 149:10,11 150:4,5,14 44:3 253:6 management 271:15 272:6,10,14,14 lost 9210 manager 44:12 48:20 55:18 56:1,21 16:6,7,14,16,21 17:5,9 19:2 237:19281:14 30:16 71:9,12 108:18,23 171:17 183:3 184:23 193:9 203:18214:17216:18 221:12 222:6 224:7 231:1 231:10 234:4 237:7 244:10 248:11,21 259:19,22 269:10 273:19 279:1 Papageorge, William P.E. Vol I (fmr Anniston Mgr) in MARS HILL (former Monsanto Employee) HARTOLDMON0034477 [marked - mishap] marked (cont.) mean (cont.) memo (cont.) mid (cont.) 281:22 285:20 286:5 120:13 121:14,14 127:8 194:18231:6 233:11,16 216:14 279:23 292:23 293:3,6 298:9 129:23 132:20 139:18 234:2 237:13,22 242:13 middle marketing 167:17 196:8 200:13 248:16 249:1,4 285:23 97:17 104:16 106:10 129:6 172:12,15,17,22 173:3,6,9 202:13,19208:16212:18 288:21 160:11 193:4,6 217:6 295:5 173:12 184:2 185:18,20 219:21,22,23 227:7 228:21 memoranda midst 242:17,20,22 230:3 232:9 240:4 267:22 106:16,16 107:10 233:17 marks 271:18 272:9,17 273:3 memorandum mile 226:13 281:9,10 285:2 47:11 48:9 52:1 69:13,21 68:9,20 152:19 marriage meaningless 77:9,19 78:7 84:14 87:3,22 miles 300:13 44:15 88:14 101:16 108:7 110:3 64:21 89:20 mars means 112:12,18 117:7 149:2 milk 1:1 68:15211:6 217:2,8,14 50:16 60:16 142:5 153:6 163:13 166:7 185:5 186:15 164:16,20 165:4 220:12,19 222:15 284:6 300:7,8 191:14241:14 milligram martin meant memory 115:20 116:10,15 233:2 23:4,1041:10 141:16 21:23 22:2 25:20 26:11 milligrams mason 171:14 175:5 187:5 239:16 28:6 32:13 39:16 48:21 116:23 108:8,16,17 109:6,13 110:3 240:20 241:3 243:12 285:3 101:9 109:23 million 110:11,14,22 measure memos 33:9 42:16,19 43:1 65:6,11 master 33:8 103:8 101:8 106:10 65:13,17,18,20 66:5,14,17 9:19 measured mental 66:20 67:3 74:13 75:15,23 master's 64:20 68:17 65:9 76:1,11 77:6 89:9,11,18 71:5 mechanical mention 93:3 144:6 157:1,12,13 matched 14:8 151:11 210:21 282:21 159:18 197:19206:19 154:14 media mentioned 212:5 271:10,12,20 289:7 material 175:2,14 36:11 73:12 128:22 177:3 millions 15:10 34:12,22 36:12,17 medical 178:14 180:18 190:14 197:22 200:1 48:23 49:9,14 50:4,14 51:7 71:3,5,21 85:18 135:5 241:14 minckler 56:22 57:1 63:20 75:4 173:20 178:16,16 192:7,13 mentioning 164:1,2 280:6,7,11 110:8 138:2 139:8,17 208:5 231:7,13,14 232:1 168:21 mind 140:10 200:8,17,21,22 241:4 288:12 met 22:14 50:16 107:18 108:3 201:4 210:22 215:19 medically 20:1,9,12,18 53:19 83:9 117:23 132:5 140:4 160:12 287:10,15 240:18,21 241:21 242:8,9 170:22 249:6 262:23 161:7 166:10 168:6 192:5 materials medicare 293:23 206:4 13:1,2 31:21,23 34:21 135:5 metabolism minds 35:19,20,22 36:16 129:18 meet 267:8,17 192:12 200:9 213:9 226:1 240:8 19:15,19,22 20:4 meter minimum 242:5 258:15 276:13,14 meeting 116:11,18,20 184:14 197:22215:15,16 277:18,21 278:3,8 280:22 20:2,15 148:14 250:4,8 meters minor 291:10 292:8 252:7 253:12 254:14,15,21 116:23 13:18 matter 254:22 255:6 266:11,14,17 method minteer 81:14 83:12 87:19 125:14 meetings 41:5,7 138:12 276:8 183:9,18,19 125:16 126:20 127:15,22 140:6 163:5 188:3,23 189:1 methodologies minus 128:16 131:22 132:7 member 70:8 42:8 43:9 203:14,22 300:16 71:2,21 90:13 99:4 104:7 methodology minute matters 266:21 95:3 264:9 265:9,11 26:20 56:4 171:4 201:13 18:3 185:23 memo metrics 214:23 maximum 47:9 49:16 55:1,10 70:12 116:22 minutes 77:2 72:1 80:1,5,9,17,21 86:17 michael 266:11 267:1 meal 90:8 91:7 94:1 95:17 96:3 19:20 miscellaneous 287:4,6,20,22 99:19 101:6 104:11,14,16 michigan 70:18 mean 106:20 109:2 114:17 127:16 128:16 mishandled 8:2 23:3 26:2 31:14 38:21 164:14,20 166:16 167:17 microbes 247:4 43:20 61:15 62:4 93:23 167:18 168:9,19,22 173:8 284:14 mishap 113:21 115:10 116:2 174:17 179:20 183:22 mid 216:9 117:20 118:16 119:4 184:7 186:17 193:12 160:6,13,21 161:2,21 162:7 Papageorge, William P.E. Vol I (fmr Anniston Mgr) in MARS HILL (former Monsanto Employee) HARTOLDMON0034478 [misleading - nine] misleading 61:20 missed 71:20 missing 40:5 missionary 1:1 68:15211:7 217:2,9 220:12,19 222:15 284:6 missouri 7:14 9:19 125:19,20 mists 182:15 misunderstanding 200:6 misunderstood 25:21 199:18 misused 247:4 mixed 49:18 154:13 mixture 67:9 116:4,7 276:23 mixtures 76:6 150:20 151:1 268:1 modest 271:15 272:10,14,22 273:11 modified 270:5 modify 265:20 modifying 99:11 moment 60:17 73:17 267:15 monitor 29:17 monitored 247:1 monitoring 17:13 50:22 55:8 91:6 208:5 236:1 monochlor 107:21 monochlorinated 107:17 monochloro 151:14244:1 mons 59:3,17 60:19 61:22 63:4 64:1 79:6 108:9 117:6 154:3 185:3,4 237:12 293:12 monsanto 1:1 9:3 11:8,12 14:1 15:18 monsanto (cont.) monstrous natural 15:22 16:23 17:1,7,11,23 119:10 63:19 18:19,22 19:4,5 21:11 montgomery nature 22:20 24:18 25:1,22,23 155:9 123:21 125:22 226:2 33:3 35:14 37:11,20 38:2 month 279:12 38:22 39:13 44:8,20 45:11 94:2 102:5 135:15 141:6,15 ncr 45:21 48:18 50:13,18 51:5 197:9 275:4 177:9,21 178:13,15 68:13 70:4,17 72:8 74:5 monthly near 76:5,7 78:20 82:7,18 83:1,7 54:16 98:18 114:9,17 7:1598:3 210:9 217:14 83:16 84:12 93:8,17 94:7 135:10 137:2 146:11,18 219:1 223:8 94:22 95:7 100:1 101:5 257:7,10,15 nearby 106:3,17 108:23 111:17 months 86:8 113:7 115:4,9 116:5 120:16 16:16 113:7 168:3 237:19 necessary 123:16 131:3 133:1,6,12 moore 5:16 152:12 184:15 134:23 135:3,4 138:10,19 2:12 124:11 129:3 need 140:6 141:22 143:11,19 morning 10:20 47:2 63:14 65:7 68:4 148:15 150:12,21 152:16 20:18 123:8,10 121:12 152:10 157:9 158:6,16 159:21 morrissey needed 160:7,20 161:2,21 162:7 2:3 15:14 110:14 120:9 247:8 164:4 167:8 169:7 172:11 motor needs 174:13,18 176:17,22 177:4 39:4 45:3 14:18 285:5 177:4,15,22 178:20 180:11 motors negligible 180:18 181:22 182:12,19 128:2,4 281:4,9,10 183:10,14,15 184:14 186:5 mound neighborhood 186:23 187:22 188:13 21:5 292:9 189:3,4,6,16,22 191:8,18 mouth neighbors 192:11 193:18 194:1,12 83:14 45:2 195:8,22 196:4,20,22 197:2 move neither 197:15,23 198:7,10,23 45:7 40:4 199:20 201:18 202:5,9 moves neutralization 206:18 207:2,14 208:11,17 80:21 49:11,20 52:8,14 55:20 208:21 209:2,6 211:3 mud 118:14 212:13,18,23 213:8 218:7 39:13,20 40:12,23 45:12 nev 228:18 233:15 236:17,19 64:9 65:3 86:6 152:1,2 172:1,1,7 176:12 236:22 239:6 242:9,23 mulliss 192:23 193:1 198:14 282:1 245:12 246:3,9 247:22 2:12 124:10 129:3 nevada 248:4 250:5 252:4,9 253:23 multi 21:11 254:13,19 255:4 259:8 180:9 nevertheless 261:23 263:8,19,21 264:2 multiple 121:4 264:13,18,21 265:21 65:15 95:19 new 266:17,21 267:4,5,14,20 multiplies 2:7,7 13:18,19,19,19 14:19 270:9 275:22 279:5,19 94:14 14:2041:1499:11 260:13 280:10,11 281:2 283:4,17 myers 274:17 284:21 296:5 298:7 85:11 86:1 newcombe monsanto's n 41:13 55:6 70:6,20 71:2,21 name 74:9 77:10 85:3,18 87:14 7:7 69:23 126:21 127:21 92:9 112:21 121:23 129:20 168:1 173:20 178:16 179:2 161 7 named 185:18 188:9 194:10 192 196:15 198:18216:15 221:10 222:4 230:16 244:3 names 109:18,22 124:3 128:17 254:2 257:7 263:16 265:10 280:20 291:7 297:2,7 140:4 160:18 173:13 national monster 266:18 119:21 184:8 newly 105:9 230:1 news 175:2,14 230:20 297:19,23 newspaper 298:2 night 291:13 nine 3:7,17,22 4:7 20:21 78:1,3 84:10,12 85:6 86:23 87:22 Papageorge, William P.E. Vol I (fmr Anniston Mgr) in MARS HILL (former Monsanto Employee) HARTOLDMON0034479 [nine - okay] nine (cont.) number (cont.) observer oh (cont.) 88:1 153:5,5 162:16,21 154:18 157:22 162:18,20 39:1 294:13 204:9 214:21 224:7,10 171:16 172:1 183:2 184:22 obtain Ohio 281:22 185:3 187:2,15 193:8 110:4 270:17,23 283:8 164:14,17 165:13 167:7 nineteen 203:17213:13214:4,16 obtained oil 3:12 114:6,13 216:17 221:11 222:5 224:6 143:21 39:4 45:3 187:1 ninety 224:12 230:7 231:4,9 234:3 obvious oils 60:10 62:23 75:15,22 144:5 234:11,17 237:6,12 244:7,9 160:11 165:8,10 non 244:18 248:14,20 253:18 obviously okay 144:18 259:18 260:1,4,13 267:2 10:6 57:23 94:13 111:2 7:20 8:5,14 10:15,23 11:1,4 nonproductive 268:19,20 269:9 273:18 159:11 204:7 205:17 220:6 11:6 12:17 13:13 14:4 45:5 274:2 278:23 281:21 286:4 243:18 244:22 253:17 15:16 16:20 17:4,20 18:12 noon 293:2 298:8 257:13 18:1720:8,11 21:1323:14 20:10 numbers occasion 23:21 24:1,15 26:14,19 normal 44:15 60:13 62:1,7 69:19 136:2,3 27:6 28:1,9 29:14,22 30:13 101:7 115:14255:2 95:5,6 132:5 137:8 144:12 occasional 31:2,7,20 32:14 33:7 34:2,4 normally 147:22 149:14 151:22,23 213:19,23 34:23 39:13,19 40:2 41:17 49:14 154:23 192:23 197:10 occasions 43:16 44:5,7 45:10,18,21 north 244:15 260:8 268:14,16,20 136:5 46:13,18,21 47:18 49:1,7 1:1 2:10,13 228:5 287:3 269:2,5 278:21 282:1 occupational 49:16 50:4,18 51:5 52:2,9 notarial numerous 19:3 52:12,18 53:5 54:20 55:4 300:18 87:4 248:18 occurred 55:10 56:5,23 57:5,17 58:3 notary nutritionist 118:13 188:4 288:5 58:13,17 59:6,20 60:19 5:6 300:23 76:17 occurring 61:4 62:9,12 63:23 65:12 note o 53:2 29:22 60:12 61:22 78:10 80:4 104:12 oath 123:7 170:17 171:5 occurs 118:5 138:16213:20 noted 38:17 229:3 273:12 288:7 object 66:7 153:11 156:7 166:1 October 57:9 67:17 72:2 73:1,13 notes 175:7 179:4 180:2 187:17 98:19 100:2 101:16 105:1,3 54:17,23 195:13 234:12 242:12,12 notice 5:22 notified 191:15 192:16 196:5 200:3 202:6 203:23 209:17,23 210:18211:17212:6 213:11 219:16 220:20 221:17 223:11 226:5 236:9 105:5,18,18 108:8 282:4 offer 243:16 offered 3:2 4:2,11 5:21 195:14 230:12,17 240:5 241:15 246:13 248:6 204:3 205:22 265:10 notropis 75:19 november 47:12,19 230:16 113:3,16 158:2,10 251:8 252:12 256:21 258:8 289:12 290:4 297:9 objecting 254:17,23 272:23 284:9 291:1,4 292:3 offhand 22:4 40:6 86:21 office 136:11 155:8 156:6,11 186:5 190:21 243:7 255:23 npc 69:20,20 75:11 number 1:1 7:4 11:1925:9,11 27:17 28:20 36:10,11 42:21,23 262:7 objection 203:20 214:12 objectionable 263:8 264:1 256:1,7,9,17 offices 1:1 81:13 183:10 official 194:12 246:20 47:4 48:5 53:8,10 58:6 59:2 objections officially 67:15,16 69:8 72:4 78:1,2 79:6 87:6,8,23 88:18 89:13 5:16,19264:15270:10,13 objective 230:12 officials 89:23 95:21 98:9,20 101:10 103:9,21 104:2 108:9,11 112:2,9 114:6,10,12 117:6 27:4 objectives 112:19 92:11 247:2 oh 8:16 20:5 21:8 40:7 43:9 117:10 137:14 140:14,19 142:19,20 144:7,8,23 observation 239:9 61:11 76:16 84:15 89:10 100:15 151:5 168:2,11,14 145:16,22 146:13 148:1 observations 172:19 182:16 187:15 149:17 152:3 153:18 154:3 296:17,20 255:19 279:23 292:19 66:1 67:4,15 68:11,15,20 69:12 70:3,9 71:1,10 72:1 73:10,19,21 74:2,5,8,11 75:9 77:1,12,17 79:5 81:16 83:1 85:2 86:19,22 87:21 88:11 89:17 90:12,17,20,23 91:7 92:3,17 93:11 94:6 95:14 96:13,16 97:6,22 98:7 99:3,7,15 100:13 101:14 103:10,10 104:11 104:16 105:17 106:1,15 107:3,23 108:4,10 109:2,16 110:18 111:6,14 112:18 114:5,23 115:22 117:14,20 118:16 119:22 121:21 122:14,19 123:19 124:6,15 126:8,19 127:1,6 128:9 130:4 131:2 132:3,13 133:16,21 134:1,13,16 135:7,10 136:3,17 137:5,5 139:6 140:5,12,12 141:19 142:13,17 143:22 144:9 145:13 146:17 147:19 148:5 149:8 151:18 152:12 152:15,22 154:4,8,16 155:3 156:14,20 157:4 158:13 159:6 160:19 161:1,11,20 162:6,14 163:1,11 164:13 165:12 166:21 168:9,12 169:19 170:20 171:3,7 172:10,14,22 173:7,14 174:3,17 175:17 176:6 Papageorge, William P.E. Vol I (fmr Anniston Mgr) in MARS HILL (former Monsanto Employee) HARTOLDMON0034480 [okay - part] okay (cont.) operation (cont.) overflow panic 177:8 178:2 182:1 183:13 204:17 278:13 118:14 275:7,12 184:5,10,13,21 185:16 operations overly papageorge 186:17 187:22 189:11 12:15 17:22 18:20 126:3 166:17 277:9 1:1,1 2:21 5:4 6:3,16 7:9,10 191:18,23 192:19 193:17 133:18 overseas 7:13 19:1527:1328:14 195:3 196:3 198:10 199:17 operator 129:22,23 31:15 33:1 34:2 46:14,23 201:9 203:9 204:13 207:2 128:5 overtones 47:1 53:6,16 55:13 58:21 207:10208:11,17209:10 operators 165:20,22 166:5,8,11,14 69:6,7,14 84:9,10,12 86:23 211:12212:10214:3 215:1 125:10 287:21 288:3 oxygen 87:3 88:13,16 90:10 94:7 216:10217:5 218:11 219:3 opinion 276:19,21________________ 95:15,20 98:12,17 101:14 219:14 220:6 221:3,6,14,23 44:2 195:7 241:5 243:15 P 104:1 106:3 112:6,13 114:6 223:4,15,22 224:15,17 opinionated 225:11,15 227:2 228:11,16 285:9,12 229:4 230:9,23 232:6,17 opinions 233:15 234:2,23 236:16 126:1 239:12 240:14 241:2 opportunities p.e. 1:1,1 2:21 5:5 6:3 p.m. 1:1 5:8 84:1 299:5 packaging 117:8 123:6,9 137:5,11 140:17 142:18 145:14,21 146:6 147:19,21 151:21 153:16 154:21 157:20 162:16 163:15 171:19 242:15,19 243:2,10,12,14 133:20 17:14 183:5 192:22 201:16203:9 243:17 244:3,4,6 245:1,7 opportunity 246:3 247:18 248:10 249:3 105:13 114:3 134:4 210:3 page 2:16,21 27:16 34:10 36:9 216:11 221:8 222:2 224:9 231:2 237:10244:7 248:12 249:6 250:15 251:12 254:6 opposed 254:13 256:18 257:22 8:15 9:5 261:6 262:12 263:6 264:12 option 36:11 37:15,16 38:12,15 39:17 40:8,9 41:20 43:18 47:11 54:5 55:10 59:4 248:19 259:22 261:3 268:11 269:4 273:16 274:4 278:20 282:3 284:4 285:21 264:18 265:1 267:16 268:4 133:19 134:4,9 269:14 270:8,14 271:4 options 60:20 61:22 63:3 64:1,3 75:11,12,20 85:10 86:5,6 286:1 293:1,6 298:17,23 paper 272:9,19 273:15 277:6 278:4,19 280:3 284:19 288:20 289:16 290:19 133:11,22 134:13,17,22 oral 48:10 87:22 88:1 89:16 95:17 103:12 104:2 108:7 112:1,4 137:7,7,9 145:20 146:4,4,7 21:5 65:7 paragraph 36:22 37:16 38:15 40:21 291:19 292:22 293:21 294:2 295:13 296:2,7 order 53:14 69:1 202:21 277:10 148:5,17 149:8,9 154:22 162:17 171:20 176:12 54:4 56:6 82:11 85:10 88:10 100:20 109:6 110:2 297:13 298:5 organic 183:7 193:3,5,7,23 198:14 110:20 118:23 165:17 Oklahoma 9:23 10:1,2 old 222:19,21 223:17 olson 34:6,12,22 35:5,10,19,21 36:12,15,1741:4,8,11 44:10 51:16 55:6,6,9 71:15 78:20 90:13 108:18 164:3 183:15 249:15,18 280:9 198:16 204:9,11 214:21,21 217:17225:18231:3 234:13,15 235:6,12,22 237:1,3,11 244:20,23 247:18,19,20 248:15 166:21 174:22 175:6 176:13,15,16 182:3,6 186:23 187:5,8 191:14 192:1,3 198:17 230:9 232:17,20 238:8 239:12 173:2 organics 249:23 250:16 251:13 240:15251:11,12,15,16 once 11:2 108:15 ones 228:16 ongoing 34:18 organization 246:22 247:7 266:22 275:15 284:21 organize 253:10 255:20 257:22 260:8 261:16,22 264:13 267:1 270:14,15 271:8 274:1 276:2 280:3,19 282:2 283:14,15,22,23 294:8,19 253:9,9 257:6,23 261:22 271:9 275:3,17 276:3,10 281:1 282:20 286:15 288:20 296:14 297:13,14 parameters 15:15 oozing 201:7 open 168:7 266:17 original 14:12 57:23 265:19 originally 55:18 72:14 234:20 295:5 296:7 297:1 pages 74:11 152:9,11 153:22 154:1,5 203:12 214:5 234:10,15 245:5 260:6,7 100:6 parentheses 144:13 145:11 parenthetical 144:15,18 145:2 openly ought 293:9 park 216:8 operate 44:2 92:15 outer paid 23:6,11,13,15,17 131:9 87:13 164:7 part 203:4 287:22 operating 16:22 18:21 25:3,6 27:9 287:13,18 outline 224:18 170:5,16 paint 165:14 167:1,9 169:8 21:19 23:8 33:8 56:10 73:18 79:1 80:13 81:16 83:7 87:20 91:2 106:10 34:17 128:7 206:12 operation outlining 255:21 paints 168:8 272:7 136:14 142:14 143:15 168:5 169:2 171:1 190:12 15:6 35:17 44:1 48:14 outside palatability 193:17 197:12 198:18 52:16 197:10 199:16 25:23 68:13 97:23 111:18 31:12 32:8,11 235:14,15 236:4 241:1 Papageorge, William P.E. Vol I (fmr Anniston Mgr) in MARS HILL (former Monsanto Employee) HARTOLDMON0034481 [part - picked] part (cont.) pcb (cont.) pcbs (cont.) period 294:20 181:22 182:14 184:16 294:16,16 295:7 296:10 10:3 33:15 60:6 73:20 participate 190:17 192:12 199:7,23 297:3 134:5,6 161:16 173:1 199:5 134:4 140:5 148:14 279:9 201:22 202:3 205:9,10 peck 202:18 273:9 297:8 participation 211:13,14,15212:17,20 2:9 6:11 11:16 19:21 20:13 periods 279:13 222:19 223:17 224:18 20:19 29:3 53:22 54:6 58:3 129:12 134:12285:16 particles 229:1 232:21 235:16 236:1 58:11 66:7,12 90:3 98:14 permissible 118:2 246:12 250:20 251:23 103:18 111:22 116:13,19 253:15 particular 253:16 256:12 257:7 122:20 144:14,23 151:9 permission 15:6 24:6 26:12 34:17 266:11 267:19 271:11 153:11,23 154:8 156:7 283:8 62:21 166:20 211:22 272:20 275:5 278:18 280:4 166:1 168:18 169:21 172:3 permit 226:16 272:17 274:15 281:3 283:9 287:9,14 294:3 172:6 175:7 179:4 180:2 253:17 particularly 294:23 295:9 297:7 187:17 191:15 192:16 permitted 164:15 pcbs 193:4 196:5 197:4,16 200:3 178:9 251:23 272:3 289:5 parties 8:6 22:11 31:9,12 33:8,20 202:6,15 203:20 209:17,23 person 5:3 9:1 261:21 300:14 34:6,18 36:15 37:12,22 210:18211:5,17212:6 70:7 92:14 115:13 162:3,12 parts 38:4 39:3 41:4 42:16 44:22 213:11 214:11 217:22 185:21 194:22 279:15,15 42:6,16,19,23 43:1,6,10 48:18 49:2,17 50:19 52:20 219:16 220:20 221:17 personal 56:13,18 57:8 59:9,23 56:17 62:13,22 63:17 64:3 222:8 223:11 226:5 229:13 188:21 62:14,17,22 63:1 64:4 65:2 66:1,6 67:5 74:12 75:7,15 229:15 232:18 234:19 personally 65:5,10,18,20 66:5,9,10,13 76:6,11,15 77:2 78:22 81:9 236:9 240:5 241:15 244:12 85:14 86:3 110:16,21 66:15,17,19,20 67:3,23 82:3,8,21 84:17,19 85:13 246:13 248:6 251:8 252:12 144:10 183:20 188:1,5 68:1,2 74:12 75:15,23 76:1 86:9 92:11 93:4 98:3 252:15 254:17,23 255:11 195:12 203:2 210:7 254:5 76:11 77:6 88:6 89:9,11,18 104:23 105:15,19 110:19 256:21 258:8 260:3,8,20 personnel 93:3 101:1 102:6,14 103:4 111:4,7 112:21 114:3 115:5 261:6 268:6,18 272:23 109:11 252:4 104:23 105:2,4 112:23 115:8 116:4 117:15,17,22 273:21 284:9 289:12 290:4 perspective 113:1,4,10,14 114:20 144:5 118:1,10,17 119:7 121:3,22 291:1,4 292:3 294:10,12 119:15215:8 271:14272:5 147:11 149:23 153:7 157:1 125:5 129:14 144:6 149:10 297:9 298:11 peru 157:12,13 159:18212:5 151:16 157:1,11 161:3,22 pelican 287:6 265:6 289:7 162:8 164:15,21 165:11,14 227:23 pharmaceutical pass 166:19 167:9,14 168:7 pencil 179:13 194:7 173:6 174:1,11,19 175:12 65:7 pharmaceuticals passed 176:3 177:20 178:4,22 Pennsylvania 124:21 189:13 180:13 182:4,21 186:20 282:23 283:9 285:15,18 pharmacological pasteurize 187:3 190:7,15 191:7,12,20 pensacola 180:8 287:8,17 192:14 193:18,19 194:2 229:20,21 phase paul 195:23 196:3,14,20 197:2 pension 167:20 90:8 225:14 197:22 198:6,10 199:1 133:1,3 135:2 phasing pay 200:2,15 202:21 206:8 people 169:3 171:5 208:9,14,22 209:4,7,14,21 70:11 76:14 83:7,11 87:4 photo pcb 210:7,9,12,17,20,21 211:1 87:12 130:16 149:1 187:13 217:1 8:18 31:22 35:2 38:23 39:7 211:4,9,19212:5,15213:2 187:20 242:18,20 247:1 photograph 41:16 46:1 52:7 64:8 70:8 213:4,8 215:12,19 226:8 288:12 216:21 217:13,22,23 70:16 72:5 76:1 80:23 227:7,20 228:7,11,12,19 perceived 218:22 220:16 222:3,10,13 84:22 87:19 93:18 94:8,21 229:6 230:1,6,18 238:7 114:1 121:16 151:13 222:22 94:23 95:8 97:16 100:22 242:2 246:6 247:3,13,22,23 158:21 199:16 259:11 photographs 101:23 102:4,10 106:4 248:3 250:10,12 252:10,21 273:11,12 216:13221:9,14,20 107:22 109:3 110:6,12 253:2 258:12,14,16,20 percent phrase 111:18 112:20 113:8,11,19 259:1 262:17,21 263:12 43:4,5,9 295:3 182:9 113:22 115:12,19,23 118:7 264:8 267:6,7 268:2 270:11 perceptions piccorello 118:20 119:22 124:12 271:15 272:2,7,10 273:4,5 91:23 286:17,20 289:1 125:13 129:20 130:2,22 273:9 274:13 275:13 276:8 peregrine pick 141:20 142:7 147:8 148:9 276:11,15 277:19,22 228:2 15:11,13 175:2 299:3 150:4,14,19,22 151:13 280:21 281:7,14 283:17 performance picked 153:4 156:16 159:8 167:20 284:5 285:14 286:18 13:11 79:17 113:20 18:5 169:3 176:23 177:6 181:6 287:19,23 289:2,4 290:2 Papageorge, William P.E. Vol I (fmr Anniston Mgr) in MARS HILL (former Monsanto Employee) HARTOLDMON0034482 [picking - press] picking plant (cont.) point (cont.) pounds (cont.) 110:8,19 73:8 81:13 82:9 88:4 90:15 203:8 226:10 228:11 114:21 141:13 147:10 picture 91:1 95:10 96:4,7,8,9,11 239:20 241:20 249:14 149:15 150:1,8,9,15 196:9 107:6 97:2,5,10,12 98:1,6 100:23 252:19 253:19 270:20 196:13,13 197:1,14,22 pile 102:1,22 104:9 109:10,13 271:6,9,21 277:7 278:6 198:5 200:1 253:19271:10 223:7,13 111:19 112:21 113:10 296:3 271:12,20 pin 115:6 117:16 118:12 pointed power 121:19 119:23 121:6,8 122:6,8,9 252:4 15:12,1221:11 165:6 pinpoint 122:11 125:6,20 126:2 pointing practical 61:17 95:6 137:21 140:2,2 141:6,12 240:1 67:8 203:22 pipe 142:3 143:15 148:8,10 poisoning practice 157:10 149:12 151:2 158:17,23 187:1 215:23 pit 159:1 160:12 161:9,13,15 policy practices 49:12,20 50:6,7 52:6,8,14 189:1 199:11,14209:8 100:1,16 135:8 188:8,11 215:9 56:22 57:2,4,5 61:23 212:15,23 217:13,20 218:3 195:22 precaution pits 218:9,10,15,17,20 231:7,22 pollution 207:14 118:15 250:20 251:1,6 274:15 148:19 206:13 224:19 precautionary place 275:5 284:15 289:5 291:6,7 polychlorinated 182:5 26:18 201:10 254:16,22 291:16 107:16 245:14 275:8 precisely places plants 280:13 225:4 111:11 113:23 18:7,8,9,15,16 19:1 26:1 pond predict plaintiff 122:1 125:19 199:9,15 215:20 219:12,15 223:1,8 284:16 126:21 127:21 207:17,19 247:7 274:12 ponds prefer plaintiffs 281:3 219:8,11 221:15 29:7 1:1,1 2:2 3:2 4:27:4 11:19 plant's populations preferably 25:11 28:20 47:4 53:10 11:1499:4 113:9 120:1 263:22 202:23 259:12 58:4,6,20 69:6,8 77:23 78:2 plasticizer portion preferring 87:8 88:18 89:23 95:21 164:11 195:2 225:13 243:1 50:4 222:10 254:11 98:9 101:10 103:21 108:6 plasticizers portions pregnant 108:11 112:9 114:12 13:1 70:17 173:6,12 57:21 58:18 225:1 267:21 211:12,21 117:10 137:14 140:14 plastics 269:21 preliminary 142:20 145:16 148:1 152:3 13:3 position 194:6 154:18 157:22 162:20 platform 18:2 70:3 184:4,18 223:21 preparation 171:16 183:2 184:22 193:8 221:20 244:3 21:1 23:9 170:21 249:11 203:15,17214:16216:17 played positive prepare 221:11 222:5 224:6 231:9 129:15 9:9 219:13 19:16 235:20 274:22 234:3 237:6 244:9,13 playing possibility prepared 248:20 259:18 269:9 192:7,8,13 161:8 164:20 29:11 32:15 146:23 236:3 273:18 278:23 281:21 please possible preparing 286:4 293:2 298:8 7:7 10:13 54:8 185:14 181:6,11,17 225:23 226:22 22:21 23:4 99:12 plan 225:18 293:14 233:7 235:19 236:3,18 presence 24:12 26:13 28:7,8,10 73:7 plural 278:12 113:23 121:19 125:5,18 121:5 198:18224:19 241:17 potential 166:19 226:21 300:6 planes plus 186:11 present 299:1 42:8 43:8 potentially 35:20 46:4 56:7,8,23 111:4 plans point 215:11 132:18 135:20 139:19 24:15 255:22 25:22 35:13 43:8,9,14 poultry 157:11 212:1 226:1 262:4 plant 50:21 51:14 53:2 59:14 288:1,2,3,4,6,15,17 268:3 276:21 284:2,6,7 12:18 13:22,23 14:1,2,9 60:5 65:1,10,15,1666:18 pound 292:9 15:4,5,19,21 16:6,7 24:20 70:10 89:9,10,18 91:3 93:2 121:21 122:1 141:21 presently 25:7 27:2,22 28:3,17 29:16 106:2 114:20 116:20 197:20 7:12,17 82:2 29:18 30:16,16 35:14 37:13 120:22 133:13,14 134:7 pounds president 38:18,22 39:11,14 43:13 138:12,14 141:12 142:10 34:14 36:13 37:1,4 43:14 246:21 247:6 280:9 44:13,22 45:13 47:21 55:9 145:8 147:9 150:1,8 153:5 43:15 44:10 55:17,23 56:9 press 56:2,16 59:2,21 64:18,19 166:22 167:12,16 179:1,8 56:12,18 59:15 60:5,10 175:14 232:22 253:18 67:20 68:8,9,16,23 71:12 180:10 181:3 194:11 203:6 82:3,7 88:7 93:4 102:7 254:1 279:4,10 280:19 Papageorge, William P.E. Vol I (fmr Anniston Mgr) in MARS HILL (former Monsanto Employee) HARTOLDMON0034483 [presumed - quietly] presumed produced (cont.) property purposes 228:6 250:12 277:18 278:1,2,8 196:15 198:8 218:7 95:1698:17 114:7 117:4 pretty producers proposal 140:19 145:19,21 147:21 130:12 129:22 130:1,2 120:15 122:14 141:19,23 148:20 151:20 162:16 prevent producing 261:19 262:14,20 263:23 185:2 192:21 224:11 51:21 233:21 247:3 16:5 52:7 126:4 142:7 264:3 285:22 293:7 prevention product proposals pursuant 182:10 15:11 16:21 17:6,9 18:3,4 262:1,7 263:8 264:15,19 1:1 previous 178:6 181:13,14 200:20 265:16 pursue 118:13297:4 227:15 propose 247:12 previously production 121:21 124:20 127:23 put 30:22 139:12 206:10 12:12,13 13:5 14:17 57:4 243:4 6:7 49:1483:14 131:21 primarily 199:12 206:20 207:3 proposed 181:22 192:5,11 196:14 35:5 125:17 129:10 130:10 222:19 223:17 276:12 91:11,16,20 92:5,10 96:6 198:7 199:13,20 200:14,15 130:15 228:9 277:22 122:15 266:3,11 270:10 201:5 217:10219:5,6,14,18 primary products proposing 222:8,11,17 223:4,19 225:2 226:23 270:8,12 13:12 16:4 17:12,13,16 167:22 265:6 230:23 235:1 274:18 principal 18:15 70:16 107:7 158:7 protected putting 70:7 163:22 164:5 172:15,18 207:20 92:14 111:22 215:4 224:23 principles 173:4 181:22 194:16 195:6 protection q 123:22 prior 199:7 225:10 230:11 16:17 240:16241:11,12267:19 prove quantity 1155 197 11 20 5:21 31:4 33:21 37:23 84:12 204:1,5 214:14 267:21 professional 233:3 proven quarter 2021 22 1394 15219 271:12 privy 139:15,18 1:1 178:17 300:22 professor 143:8 175:20 227:19 provide 27:9 110:11 182:19 queeny 14:2 15:4,19 quench probably profit 49:17 51:14 54:9,11 104:17 79:18 provided 15:6 131:11 156:4 178:20 291 '10 question 146:1 203:21 profitable 180:17 221:9 222:3 253:16 10:13,14,19 11:4 25:21 problem 82:14,19 83:3,17 86:11 95:9 109:2,14 113:19,22 121:16 165:19 176:19 177:1,6 206:13 213:21 50:17 prudent program 209:15,22 210:14 213:7 25:4 96:7,22 100:5 112:20 215:17 134:5 167:20 168:1 194:12 public 233:23 5:7 71:6 79:19 82:15 83:4 28:2 34:1 46:6 66:8 73:11 153:12 156:8 166:2 175:8 1795 1803 18718 19116 192:17 193:19 196:6,8 200:4 202:7 204:13,17,20 259:5 275:5 programs 83:1885:11 175:14279:18 205:1,4,8 206:9 209:18 problems 26:15 94:15,23 178:10,10 180:22 212:15,17,19,20 243:22 259:1 procedure 72:13 progress 27:20 28:15 43:16 57:14 58:22 project 300:23 publically 297:23 publicity 165:19 166:11,14,18 210:1,13,13,19 211:20 2127 213 12 214 20 215 2 219:17220:21 221:18 223:12 226:6 236:10 240:6 241-16 246-14 2487 255:2 256:16 procedures 129:18 process 10:8 11:14 14:19 120:20 206:22 207:5 projects 13:18 41:16 99:12 247:12 prolonged 182:14 published 227:14 239:2 pump 13:19 14:19221:19 pumpable 252:13254:18255:1,16 256:22 258:9 273:1 284:10 289:13 290:5 291:2,5 292:4 297 10 questioning 138:10 167:19200:18 promise 200:7 2992 213:18 264:7 processed 138:14 prompted pumps 221:15 questions 5:17,18 130:21 152:8 170:8 287:10 processes 15:15 274:11 proper 17:14,14 192:8 242:10 purchase 134:22 246:6 purchasing 17719 quick 72:5 119:7 169:22 prod 247:16 276:9 properly 99:11 purpose quickly 119:11 produced 226:23 278:13 26:23 27:1,7 247:14 270:8 quietly 18:8,16 273:6 276:14 270:12 82:14,19 83:3 Papageorge, William P.E. Vol I (fmr Anniston Mgr) in MARS HILL (former Monsanto Employee) HARTOLDMON0034484 [quite - reflects] quite reading (cont.) receive recovery 10:19 165:18 169:5 187:2 148:21 149:5 153:8,10 22:23 99:22 131:17 133:19 50:17 210:6 219:10 225:3 291:12 175:9 185:13 135:2,4 293:19 recurrence quotation reads received 51:21 226:13 29:4 34:11 183:22 204:13 9:16,19 72:20 75:1 80:1 recycled quote 215:2 98:23 132:13 149:1 156:11 200:19 271:13 ready 165:3 166:6 168:9,22 169:1 reduce quoted 85:4 174:13 287:4,5 57:7 114:3 252:21 253:4 289:7 real receiver reduced quotes 176:4 248:8 276:22 48:6 130:14 197:11 295:19 192:3 realistic receiving 300:6 r radiating 221:1 rags 201 '3 rain 220 1 rainfall 220 10 rains 220:4 rainwater 105:10 220:17 ramifiratinnc 125:8 randy 2754 ranging 157:11 rate 135:23 272:12 30:3 286:10 reducing really recipient 253:3 15:6 21:8 35:12,2261:19 78:11 104:13 141:1 143:4 reduction 70:18 107:21 121:17 237:22 295:8 152:10 175:15 178:8 recipients refer 258:11 266:5 279:14 29:23 88:16 90:9 95:19 31:1548:22 204:9 281:18 reason 117:9 163:19 184:7 194:20 295:22 31:2,7 32:20 33:3 40:5 194:21 248:18 reference 44:14 45:15 46:4 54:12 recognize 37:17 40:15 108:1 168:6 155:21 210:21 235:1 173:13 236:13 238:1 169:11 181:1 235:9 271:19 238:23 261:12 269:14 274:7 279:7 298:3 reasons 282:7 286:8 293:16,21 referenced 289:20 291:21 recollection 179:20 recall 11:10,23 12:5 22:18 26:6,9 referencing 8:14,19 12:20 21:5,6 22:7 27:16 29:2 30:20 35:9 62:20 27:13 30:3 32:7 38:11 37:18 38:1 49:5,6,23 73:17 referred 48:1749:3,851:11 72:10 83:13,15 97:8 130:16 14:1 16:23 18:21 19:5 40:1 73:5 77:7 78:14,16 81:5,7 161:12 51:15 180:7 182:3 186:14 81:10,12,14,20 83:11 84:21 recommend 202:1 226:4,14 242:23 91:3,16,17,19 100:13,19 270:16 262:10 286:23 289:11 101:4 104:14,14 106:8,15 recommendation 290:1 106:21 107:9 109:12,22 51:23 52:2,3,9 referring 276:20 rational 115:17 120:23 122:6,12 126:5 127:2,23 128:17 recommendations 51:21 12:1,4 27:16 31:19 34:9 36:8,12,21 37:15 38:5 45:15 130:20 131:23 133:9 134:2 recommended 55:13 57:1 75:17 81:19 rationale 463 raw 1510 reach 134:3 138:15 151:8 152:14 250:18 152:21 159:5 160:15 165:1 reconsider 166:17 168:5,12,21 173:11 266:1 174:6 181:9,18 184:3,12 record 187:15,21 190:22 197:10 6:8 7:8 12:6 27:18 29:4 89:13 91:15 92:4,18 100:9 104:18 105:7 109:17 113:15 118:11 130:1,2 138:21 157:5 182:9 203:7 214:19,22 235:13 236:4 202:23 206:5 233:4 252:16 reached 62:23 142:2,10 253:13 reaches 50:11 202:22 205:15,18 206:17 47:10 57:20 58:12,20 69:13 241:12 242:21 264:11 206:22,22 208:15 227:23 78:7 79:5 84:2,8 87:2 98:16 271:1 272:16289:15 228:1,4 229:5 232:6 238:22 103:18,19,20 112:1 122:20 296:11 297:22 243:23 249:1,3 250:9 122:23 281:20 298:15 refers 261:14 262:12,13,16,20 recorded 41:12 52:3 61:21 290:19 reactions 263:6,10,23 264:5,22 265:1 7:3 295:6 1669 read 265:3,5,8,12 266:2 267:15 records 267:16 269:16 270:4 100:5 reflect 35:23 56:6 63:11 21:21 41:23 43:2,2 47:7 78:16 90:11 99:17 100:18 117:13 140:23 147:3 166:9 274:23 275:14 282:19 286:10 288:9,19 298:3 recalling recover 48:18 49:9 50:14 181:3 recovered reflected 27:3 46:1 51:23 54:14 63:10 183:12 185:15 215:1 252 23 262 10 26:15 receipt 48:23 200:19 recovering reflects 30:5 36:3 38:8,17 40:11 reading 167:17,18 50:16 41:3 47:18 48:1 49:16 5:10 65:8 99:19 100:13 55:10 56:15 75:13 76:9 Papageorge, William P.E. Vol I (fmr Anniston Mgr) in MARS HILL (former Monsanto Employee) HARTOLDMON0034485 [reflects - resulted] reflects (cont.) release (cont.) report required 88:3 89:6 102:10 105:17 297:19 298:1 27:20 28:15 37:6 43:16 14:20 17:17 199:8 247:13 114:17,18 147:8 174:17 released 48:10 54:16 57:14 58:22 requirement refresh 297:23 93:13 94:13 98:18 99:1,16 262:23 264:6 11:22 12:4 21:22 22:2,18 releases 100:20 106:17 114:9,18 research 25:20 26:5,8,11 27:15 28:6 96:19 297:7 146:11,18 148:5,6 165:3 41:5,8,11,1451:1670:6,7 29:1 30:20 35:8 37:18 releasing 255:21 280:4 70:15,21,23 193:12 194:15 39:16 48:21 49:4 161:11 82:20 83:17 reported 225:9 267:11 285:14 refuse relevant 81:9 93:18 104:10 106:12 researchers 250:21 251:2,7 253:17 270:17 141:15 149:10,14 150:6 120:17 228:3 267:5,13 regarding reliable 157:3 164:6 165:12 171:6 reserved 22:9 23:19 32:4 53:20 27:10 227:21 203:21 63:15 82:21 92:1,11 94:8 reluctance reporter reservoir 100:17 107:12 125:9 126:2 93:13 1:1,1 123:5 300:22,22 233:2,5 129:14,21 130:20 138:7 remain reporter's reservoirs 139:16 140:8 143:16 118:8 2:18 174:20 174:14 175:12,22 176:23 remainder reporting reside 177:5,19 178:3 184:16 49:1,17 137:11 1:1 16:10 37:7 71:8 106:4 7:12 192:5,12 193:14 226:8 remaining 107:12 141:4 150:13 residents 245:13 254:14,20 262:20 122:7 156:12 44:8,19 45:11,22 77:20 264:14 272:5 285:10 remember reports 182:19 191:9,19 208:19,23 regional 8:21 16:1 20:1 22:13 28:2 82:10 100:21 102:4 137:19 209:2 275:22 1:1 28:10 34:19 39:7 40:6 155:13 192:8,14 227:14 residue register 46:17,18,1951:1971:6 257:7,10,15,19 72:6 143:13 294:23 214:11 261:20 262:9 73:2 74:7 77:5 86:21 94:4 represent residues registered 96:14,18 103:3 107:15 251:4,10 177:11,18295:18 1:1 300:22 108:1,20 109:18 122:10 representative resistance registration 126:11 128:1,8 132:1 173:10 185:17 186:4,6 263:13 179:12 180:1 134:18 139:3 140:1 159:23 191:5 279:19 respective regular 160:17 169:11,14 172:21 representatives 5:3 161:16,18 176:8 180:23 181:12,15 81:8 140:1,7 148:7 188:2 respond regulations 184:8 190:11 199:5 216:3 190:4 191:1 233:19 184:16 266:3,6 270:11 230:7 232:12 262:11,19 represented responding regulatory 274:9 282:9 287:4 292:13 76:2 115:19 14:17 17:18 283:2 292:15 representing response reiterate remind 255:3 256:12 233:16243:9 261:19 171:11 123:6 represents 265:12 relate removal 194:5 responsibilities 263:16 235:17 236:1 reproduce 79:10 90:16 99:8 186:7 related remove 226:23 responsibility 12:16 22:10 91:4 95:2 75:6 reproduction 30:19 186:9 246:12 reorganization 226:15 227:9,12,18 228:20 responsible relates 18:18 19:4 reproductive 14:6 16:4 17:12 79:2,14 96:6 179:22 reorganizations 228:13 229:7 125:10 172:14,17,22 173:3 relating 108:21 reproductivity 173:5 185:19213:7 216:1 5:14 18:15 99:10 158:22 rep 228:22 rest relation 186:12 reps 54:11 154:7 64:17 repair 189:5 restrictive relations 14:8 213:20 request 262:2,15 79:19 279:18 repeat 82:18 83:6,16 139:7,11 result relationship 147:15 239:7 18:1851:1 120:5 210:5 167:14 rephrase requested 228:5 253:12 265:20 relatively 160:5 85:22,23 91:12 246:4 250:4 276:11 281:11 93:14 replacement 250:7 274:17,21,22 resulted release 240:16241:11,12 requests 79:16 95:4 168:1 82:15 83:3 279:4,10 280:19 179:7 Papageorge, William P.E. Vol I (fmr Anniston Mgr) in MARS HILL (former Monsanto Employee) HARTOLDMON0034486 [resulting - scott] resulting right (cont.) s sat 80:22 213:18 96:21 98:2 103:11 110:1 safe 24:8 results 115:2 130:23 132:4 137:23 98:4 saturated 26:17 33:12 36:3 38:9 144:6 147:14,17 149:13,16 safely 63:15 41:1842:9,11,15 51:18 151:16 153:2 184:1 193:21 202:21 saturation 61:1 68:11 86:19 104:21 206:15 207:17 217:20,21 safety 63:12,14 138:14 143:20,22 152:23 218:5,19219:2,6,18220:11 17:13 177:11,17 178:22 sauget 154:12 155:13,23 156:13 220:18 221:16 227:3 sale 15:21 199:14207:12213:1 156:20,23 157:16 159:12 229:18 235:13 245:1 199:7 savage 159:17 234:1 239:1 283:22 247:17 254:8 259:9 260:7 salers 90:12,13 101:17 102:22 283:23 295:16 260:17 266:10 268:21 1:1 5:5 300:21 112:16 117:8 retainer 289:14 290:17 sales savage's 135:10,16 136:15 137:2 ring 168:7 169:3 184:18 186:12 90:18 102:20 retainers 32:12 188:3 243:1 saw 170:4 river salesman 36:6 39:8 72:13 105:22 retention 89:3 273:14 289:3,6,10,15 186:3 163:1 166:16 173:18 174:3 100:5,17 288:14 289:17,21 290:3,12,15 salesmen 189:10 210:20 232:6 249:3 retired 294:4 297:7 243:5 282:11,15 293:22 19:6 131:4 rivers sample sawdust return 272:18 40:18 42:2,3,7 43:12 60:9 201:3 161:15 road 63:20 64:12,14 65:3 67:15 saying returned 201:2 217:21 67:16 72:22 74:23 75:6 10:16 132:22 179:19218:6 201:18 roadway 89:19 118:8 144:7 233:20 says reuse 218:10 233:21 27:4 35:4 40:18,21 41:8 48:23 50:17 robert sampled 48:4 55:14,17 56:8,14,23 review 158:3 74:14 144:3 61:9 62:3 67:12 72:2 73:13 20:23 21:4,13,18 46:14 rockwell samples 80:4,21 81:18 85:10 92:4 53:18 58:14 85:2 92:10 214:7 39:13,18,19,20 40:11,12,23 92:17 93:11 104:18 105:21 163:4 170:2 172:7 roder 41:3,18,21 42:1,17,18 110:3 148:18 150:5 153:4 reviewed 185:8 186:2,3 45:12,23 51:6,10 61:8,11 154:11 155:22 165:17 29:10 58:16 69:11 73:3 role 62:10 63:9 64:5,9 68:12 186:23 225:23 230:11 91:21 101:13 152:11 126:2 129:15,20 130:8 72:15,18 73:23 74:4 84:18 235:19 240:23 253:12 162:23 172:9 232:13 room 86:8 89:2,6 96:14,16 97:6 scanned 249:10 256:19 257:14 139:19 189:3 190:4 211:14 97:11,22 98:2 104:19 25:19 38:11 58:15 79:8 269:13 286:12 rough 105:13,17 111:17 143:17 88:23 98:22 148:4 193:16 reviewing 194:5 224:17 143:18 148:9,11 152:18 279:3 293:15 23:7 91:10 92:4 185:13 roughly 153:1 155:15,20 156:1,3,11 schalk revolves 20:20 33:10 156:16 157:7,17 159:8,12 173:5 130:15 roush 159:16,21 160:7,20 161:20 scheduled richard 185:7,7,16,17,21 186:23 164:16 174:12 238:12,15 120:12 193:12 194:14,15 195:7,11 rpr 239:7,11 262:22 science 195:18 225:5,7 237:13 5:6 sampling 9:16,20 10:3 119:19 190:21 238:9,9,11 239:13,16,20 rubber 61:1,5,9 86:7 95:3 96:3,6,7 286:17 240:15,20 13:9,11 96:23 97:9 142:9 159:9,23 scientific richard's rule 161:1 162:6 176:4 280:12 195:1,4 225:8,12 238:6 10:11 samplings scientifically 240:13 rules 86:10 96:10 262:18 rid 5:13 10:11 san scientist 258:16 run 127:10 282:23 right 29:5,7,8 125:6 179:8,11 sand scoop 21:7 26:20,21 27:4 36:18 201:12 244:15 49:19 258:15 36:19 38:5 42:5,10 43:4 running santowax score 45:8,18 51:8 55:4,15 57:17 135:14 35:6 8:11 62:18 63:3,12 65:3,19 runs Saratoga scott 66:18,21 67:1 71:19 73:6 219:19220:11,18 274:16 70:1,1 75:13,23 85:19 89:21 93:9 Papageorge, William P.E. Vol I (fmr Anniston Mgr) in MARS HILL (former Monsanto Employee) HARTOLDMON0034487 [screw - sir] screw sending setup shovels 287:11 143:12 221:22 258:22 sea senior seven show 228:5 12:9 3:6,16,21 4:6 34:14 36:13 22:16 28:12 46:21 92:21 seal sense 44:10 58:4,7,20 62:16 104:1,21 171:19 206:6,7 300:18 275:10 67:22 75:15,22 76:10 88:5 221:14 231:1 252:20 sealants sent 90:9 114:19 144:5 153:17 283:22 294:16,22 295:8,17 272:8 51:13,15 55:1 69:13 87:12 154:19,21 157:12 221:8,12 showed sealed 143:18 188:16 200:21 273:17,19 36:23 53:15 86:9 98:3 201:5 255:23 256:5,6,8,10 257:3 seventeen 157:10288:10 search 257:8,11,15,19 3:11 108:6,12 212:4 295:2 showing 124:2 sentence seventh 159:17 second 31:18 34:11 36:21 72:1 65:1,14 66:19 shown 13:5 34:10 42:3 43:12 52:4 80:20 85:9 91:10 93:11 seventy 227:8,19 228:12 229:6,6 52:13 58:10 72:19 75:12 118:22 155:22 177:8 180:4 60:5 283:23 77:13 88:9 109:6 116:19 182:9 186:22 187:7 191:23 severe shows 118:22 122:21 143:23 192:2 193:23 230:10 228:10 41:23 91:9 144:2 221:21 176:12 186:22 187:6,7 270:15 284:19 296:2 sewer 294:21 198:16 224:4,10,14 234:12 separate 36:23 47:21 49:10,18 52:21 shrimp 235:12 237:3 239:12 153:22 56:1,17,21 59:10 100:23 230:1,2 240:14 251:13 266:7 September 117:18 shut 275:17 276:2 277:16 40:14,22 54:14 87:2 88:14 sewers 97:13,16,21 122:7,9 282:20 283:15 288:20 90:7 92:22 93:8,18 101:22 50:2 shutdown 295:6 102:5,12 113:2 121:23 share 142:6 199:9 secretary 153:14 193:13 198:19 97:3 139:13 188:11,13 sick 82:12 214:10 237:14,16,17,21 shared 187:13296:10,19 section series 84:19 177:20 188:19 194:9 sicknesses 148:19 150:4 152:23 221:9,14 shares 242:5 225:20 295:6 296:3 serious 133:8 134:16 side sections 165:18 166:22 167:12 sharing 218:15 223:20 242:13 99:6 270:4 seriously 84:18 sign sediment 167:23 sheet 246:4,10 42:2,12,15,18 63:17,22 seriousness 59:6,20 64:23 signal 72:16 74:1 84:17 152:17 113:19,22 sheets 239:14 215:20 served 60:23 62:5,12 63:10 signature sediments 124:16 ship 5:10261:16 42:10 serves 198:10 signed seeing 109:23 shipped 234:16 237:4 246:22 247:6 22:7 38:11 46:19 78:14 service 72:5 silos 106:15 107:9 159:5 165:12 1:1 45:1,3 54:15 158:5 shoes 165:15 249:1 171:2 202:11 210:8 similar seen services shooting 69:3,4 115:23 116:2 179:11 46:13 104:11 152:13 15:7 27:21 28:16 58:23 102:16,23 103:1,3 226:17 295:11 155:10 159:4 184:10 98:19 99:5 104:8 114:9 shores similarities 225:15 232:4,5 238:2,3 132:8 146:9,10,19 231:21 229:11,12,13,19 235:8 segment set short similarly 152:19 1:1 25:16 60:13 62:10 298:11 284:5 295:8 segregated 115:4,9,11 149:22 198:19 shortcoming sincerely 215:13 198:23 224:13,14,14 33:6 246:19 self 260:14 270:9 271:4 300:17 shorthand sir 7:18 123:14,17,20 sets 1:1 300:22 21:8 24:17,1837:1938:16 semiannual 40:12,22 69:18 144:12 shot 38:21 41:9 43:5,19 44:7 72:3,8 73:14,15 151:22 224:13 217:23 218:1 45:1 46:3,10,13 52:18 send settine shovel 56:15 61:21 63:3,13 66:3 136:20 155:5 50:2 67:14 76:16 77:1 86:21 89:16,22 91:9 93:17 94:11 Papageorge, William P.E. Vol I (fmr Anniston Mgr) in MARS HILL (former Monsanto Employee) HARTOLDMON0034488 [sir - states] sir (cont.) smith source sprayed 95:7,11 113:14 149:6 2:12 124:10 129:3,5 130:6 98:3 111:7 213:2,3 250:12 165:7 150:11 155:18 158:14 131:11 132:16 135:11,23 270:21 271:6 spring 163:10 170:14 187:9 202:9 136:20 183:8,13,14 sources 81:23 204:10 205:16 206:17 snow 35:4 119:1 springgate 207:6,10 208:1,4,7 209:12 37:13,22 38:3 40:13 41:1 south 164:9,10 168:23 210:2 211:8,13,18212:13 44:20 45:14 50:20 51:6,8 68:23 218:21,23 springs 213:4 218:3 219:19 220:14 61:1,4,9 62:10,15,23 64:5 southern 274:17 222:16,23 231:12 232:5 64:14 74:16 81:2 82:2,8 228:1 St 236:11,16 249:2,8,12 254:4 91:13 92:20 93:19 94:21 speak 7:14,15 8:23 9:18 14:3 254:19 255:2 261:15 101:23 102:11 157:8 9:13 12:231:5 35:1263:13 16:10,11 17:2 20:3 87:4 264:20 274:7 282:8,10 160:20 235:14,16,23 68:4,7 80:19 96:22 292:7 143:18 173:10 176:16 293:14 297:11 236:18 258:3,7 259:8,10,15 speaking 183:10 185:19 199:13 sit 272:21 107:20 242:8 243:7 23:15 soil special staff site 72:15 117:18,22 118:1,6,6 245:11 71:16 185:22 236:12 110:17212:14,17,20 213:2 118:11,12,18 119:7 120:19 species stain 291:13 156:17 158:4 159:16 161:4 74:14 75:16,19 76:8 229:5 39:8 sites 283:17 284:2,7,14 275:18 290:13 stamp 152:18 198:11 soils specific 27:23 28:18 53:7,8 224:12 situation 285:15 115:5 169:15 175:23 standard 18:9 110:17 111:3 129:21 sold 181:12 190:3 263:5 292:16 115:12 116:12 130:13 166:20 288:5 76:7 183:16 271:21 288:1,2 specifically standards situations solicited 22:551:1 61:14 169:17 266:12270:18271:4 49:13 261:20 198:17 214:19 243:8 245:4 standpoint six solid 246:1 262:16 266:2 282:16 93:12 3:5,15,20 4:5 8:16 14:15,15 200:8 201:23 202:1,4 295:16 296:16 stands 39:20 40:9 43:14 53:6,11 204:14 205:9,10,20 206:20 specifics 101:8 62:23 65:1,10,13,15,16 207:3,8 22:12 262:13 292:14 298:4 stapled 66:18 67:3 89:9,18 93:2 solidified specified 234:21 244:20 102:6,14 114:23 134:5 200:11 235:17 start 151:21 152:4 157:1,13 solids spectrum 72:8 162:13 216:11,18268:11 269:10 200:10,12 25:6 started sixteen solution speculation 67:6 129:6 238:22 246:7 3:10 82:3,7 103:22 202:22 119:16 236:10 284:11 290:6 292:5 starting sixth solve spell 35:18 53:22 106:9 133:17 65:17 259:5 7:10 188:1 194:3 195:10254:11 sixty somebody spend starts 59:22 62:17 89:10 104:22 65:23 236:21,22 275:15 137:1 251:17 133:5 214:22 sorry spent state size 9:12,13 17:7 19:11,1226:8 23:18 24:4,11 130:13 136:9 1:1 6:1 7:79:5 10:1,10 206:11 28:1 42:11 43:2 53:14 57:5 206:18 17:1827:1994:12 112:18 sketchy 57:16 67:16 68:4,7 70:1 spewed 118:23 127:11,18 139:13 175:10 71:20 77:12,14 108:15,18 291:9 152:16256:13261:23 skin 113:17 116:17 141:16 spill 264:13 270:15 271:13 178:7,9 292:21 145:23 151:10 153:9 47:15 48:8 51:2,7 275:17 276:3 284:19 slash 154:17 187:7 199:18 224:2 spilled stated 88:17 180:8 231:14 237:20 241:10 49:2 50:19 52:20 281:2 slight 264:4 266:9 268:14,17 sponsored statement 222:9 273:23 282:13,14 287:5 228:17 56:11 280:15281:5 292:16 slip 294:11 sport statements 112:5 137:10 sort 233:3 182:5 small 12:22 177:10,17 216:9 spot states 272:15 sounds 61:11 36:23 82:1,11 86:7 91:10 smaller 207:1 spotted 94:12 109:7 158:4 159:7 35:6 269:2 39:6 166:21 172:23 174:22 Papageorge, William P.E. Vol I (fmr Anniston Mgr) in MARS HILL (former Monsanto Employee) HARTOLDMON0034489 [states - taken] states (cont.) strategy sufficient sure 175:1 176:16,20 177:8 193:17 254:14,20 228:9 6:11 10:10,1325:1 51:3 192:1,3 232:20 235:14,16 stream suggest 58:11 111:16 118:9 122:22 235:23 239:13 240:15 213:18215:11 289:17 8:1267:9 131:12 156:9 132:6,19 144:19 147:16 242:17 247:21 250:18,22 streams 190:13 192:4 153:19 169:23 170:15 251:21 255:21 257:6,23 117:17221:1 suggested 191:4 298:13 275:3 280:20 286:16 street 252:1,23 257:2,18 258:2 surface 288:23 289:16 294:20 1:1,1 2:4,10 suggestions 105:11 295:15,21 296:3,16 297:15 streets 257:2 surfaces 297:15 281:8 suit 118:20 stating strictly 250:19 surprised 106:16 107:20 suite 168:14 station strike 2:3 survey 45:2,4 61:2,5,8,10 45:7 sum 72:3,23 73:14 143:13 stationed strong 168:12 202:10 17:2 161:8 162:5 summary surveys status struck 34:10 36:22 54:13,14 114:8 72:9 73:16,21 74:6 22:9 82:1 290:18 146:11,17 152:22 255:21 suspect stays studied 256:4,6,19 257:3 274:18,22 154:9 212:12 244:5 175:13 294:3 suspected stenography studies summer 114:1 226:17 300:7 179:10 228:2 238:19 81:23 168:4 190:13 274:12 suspicion step 240:10 242:2 270:16,22 sump 162:5 120:19 271:2 104:20 105:14 suttkus steps study superintendent 109:23 110:1 294:10,12,13 233:15 119:8 144:11 174:14,15 13:21 14:5,11 15:2,23 294:15 295:6 297:15 Stillwater 180:9 190:19 208:12,18 superintendents Swedish 10:2 227:13 228:17 229:10,23 16:2 174:12 stipulate 283:16 294:3 supervised swelling 57:20 stuff 12:15 14:13 288:13,14 stipulated 215:5 292:20 supervision switch 5:2,9,15,22 subject 13:6,16 91:5 83:22 stipulation 47:15 89:1 109:9 120:18 supervisor sworn 6:9,23 174:10 175:2 185:9 193:14 12:12,14 13:6,15 29:20 6:4 269:7 300:3 stipulations subjects 48:13 90:18 155:5 156:10 symptoms 1:1 2:17 102:3 190:7 163:21 195:5 176:1 288:7,10 stir submitted supervisors syntax 258:23 24:3 14:7 15:8 124:18 125:12 126:19 stock subparagraph supplied 127:3 128:13 132:7 133:6,12 134:23 250:15 255:20 257:6 216:15 synthetic stood subpart supply 184:19 70:2 262:10 15:12245:13 system stop subpoenaed supplying 117:18 120:5 192:8 204:15 168:16 175:4 201:11 93:15 99:9 124:3 252:22 272:2 280:21 287:7 stopped subsequent support 287:8,16 294:17 74:7 79:21 74:3 176:4 204:22 systemic stops subsequently supported 181:6,17 191:13,21 171:5 227:4 262:2 systems storm substance supporting 207:20 271:22,23 272:1 228:5 281:7 storms 168:13 265:3 successful 290:11,12 suppose t 228:10 str 119:11 239:1,4 successively 23:8 supposed 104:4,6,7 162:18 straight 213:9 260:16 successors 160:18 100:10 supposedly 191:5 1:1 5:5 21:10 39:22 40:11 41:1845:12,23 61:1272:22 72:23 80:23 81:10 84:4 Papageorge, William P.E. Vol I (fmr Anniston Mgr) in MARS HILL (former Monsanto Employee) HARTOLDMON0034490 [taken - three] taken (cont.) telephone tertiary think (cont.) 89:7 98:2 105:18 111:11 188:21 120:10,13,21 231:17 239:8 240:17 118:9 143:17 155:15 157:7 tell test 260:22,23 264:22 265:8 170:1 201:14 217:23 9:10,14 11:6 22:3,4 24:1,10 180:9 295:7 268:18 284:17 290:15 222:13 224:5 259:3 268:9 44:18 45:10 54:3 60:18 testified 298:2 278:14 298:14 300:2 70:14 72:19 133:16 152:7 6:5 8:5,10,15,17 264:21 thinking talk 153:6 166:23 169:7 170:6 testify 32:4 168:15 229:16 290:9 44:14 1547 178:16 180:16 182:13 187:22 188:8,8 46:16 126:12 264:14,18 third 181:5 284:21 292:21 189:5,16 191:8,18202:17 testifying 82:11 121:3 165:17 174:22 talked 209:2 211:21 225:2 231:18 22:22 23:1 205:18 192:1,3 257:23 261:22 170:3 188:5 243:11 277:17 239:19 240:22 296:17 testimony 271:9 talking 300:4 19:16,17 21:1 23:4 203:13 thirteen 21:23 45:1651:1 107:8 telling 204:2,5 205:16 214:5,15 3:9 95:15,22 178:17,18 201:22 202:15 45:2 167:8 216:4 265:4,13 289:1 300:5 thirty 202:18 206:10 210:8 tells 300:11 3:17,18,18,19,19,20,20,21 217:16 220:3 227:18 39:1 212:8 testing 3:21,22 8:13 20:7,10 59:9 232:11 267:12,13,18 277:1 temperature 238:20 67:3,22 76:10 84:1 89:9,17 290:14,22 121:2 278:14 text 102:7 105:1 132:1 149:23 talks temperatures 235:4,22 249:23 295:12 171:17,19 182:18 183:3,6 86:6 206:6,12 276:22 thank 184:23 192:22 193:9 tank ten 44:18 46:6 47:9 57:5 58:9 197:19203:10,11,18204:9 13:19 14:18 96:21 3:7 8:16 14:7 57:8 65:1,13 66:23,23 69:12 75:10 79:9 214:4,17216:11,18221:8 tape 65:14,15,17 66:18 75:22 89:1 90:5 98:23 101:15 221:12 222:2,6 224:7,10 29:5 84:7 123:4 201:11 87:9 89:19 103:4 113:1,4,9 103:16 116:6 117:1 141:1 243:3 283:18,19 284:1 tapes 113:14 132:20 134:20 145:7,13 151:18 154:16 thirtyish 83:22 84:3 235:10 265:6 157:19 171:15 184:21 20:21 target tenaciously 197:18 206:15 219:8 224:2 thompson 102:15,23 103:1 115:5 118:1 231:15,15 237:9 245:7 158:3 142:1,2 147:13239:15,17 tend 248:10 255:17 292:22 thoroughly 239:21,23 240:4,11 290:15 293:16 294:13 58:16 175:13 targeted teratogenic thawed thought 93:8 113:8,13,15 115:1 238:20 75:2 39:6 73:4 110:4,14 119:13 147:17 term theorizing 166:10 170:12 171:10,11 tars 41:10 138:11 119:5 171:13 178:12 195:15 201:1 terminal theory 236:23 237:2 239:21 task 128:6 205:23 278:5 281:16 292:6 14:16 55:8 119:10 190:6,14 terminals thereabouts thoughts team 286:21,23 287:2 64:22 168:4 196:23 199:6 167:14 194:6,8 263:3 13:1641:12 172:19 195:2 termination thereto thousand 243:6 255:9 168:7 5:21 37:4 65:19 66:5,13,17,20 technical terminology thing 67:23 75:14 76:10 88:5 7:23 8:1 27:21 28:16 54:15 24:23 124:17 129:16 121:20 161:19 188:22 101:1,1 104:22 105:2 58:22 98:18 99:5,10 104:7 218:17240:11,12,13 215:21 131:12 132:1,12,14 133:5 114:8 120:16 123:21 146:9 278:10 things 133:10 134:20 144:5 203:1 146:10,18 175:1 178:19 terms 8:3 18:6 31:16 32:5 45:4 thousands 185:21,23 231:21 26:11 36:17 65:5 91:5 169:5 182:12 226:8,18,20 42:16,19 technically 119:10 178:9 196:8,13 233:18 249:17 264:11 three 202:4 205:4,12,19 206:3 211:21 233:20 247:2 277:9 think 3:4,14,19 4:4 14:15 25:9,12 technicians 284:13 31:22 53:22 54:10 71:17 27:17 31:16 32:17,19,20 14:16 terphenyl 75:12 83:21 97:17 109:7 46:14 48:5,22 55:19 59:9 technology 239:14 240:2 244:2 110:21 111:14 139:3 59:1564:21 65:1,10,15,16 33:17 41:15 96:23 97:2,4 terphenyls 144:14,23 145:2 153:21 66:13,18 67:17 73:5 74:11 97:18 103:5 119:6 190:22 35:16 107:2 207:6,9 162:2,11 167:3 172:3 187:5 84:1,6 89:9,17 114:19 203:3 205:22 253:8 259:10 terrific 196:7,11 200:5 201:9 120:19 123:4 137:7 141:12 263:1 219:19 205:21 209:15,21 210:14 141:13 142:18,21 144:7 219:15227:3 229:11,17,18 152:11,19 153:21 164:16 Papageorge, William P.E. Vol I (fmr Anniston Mgr) in MARS HILL (former Monsanto Employee) HARTOLDMON0034491 [three - typewritten] three (cont.) today (cont.) transcripts try (cont.) 173:13 192:22 193:9 116:12 123:11 135:4 21:22 130:19285:8 234:13,15 237:19 244:8,10 136:19 249:11 transfer trying 244:14 248:15 253:19 today's 185:20 186:1 189:15 8:19 60:18 72:10,12 73:2 255:20 289:6 295:23 77:5 transferred 91:3 108:19 109:18 114:2 tie told 97:1 176:3 129:16 133:9 160:4,15 72:12 48:14 68:18 85:17 104:5 transplant 166:19 199:19265:7 time 123:13 159:15 184:13,20 259:4 tubing 5:20,20 8:17 10:9 20:15,17 208:2 231:17 232:21 transported 13:11 22:21 23:2,11,15,17 24:4 242:18 118:7 tucker 35:13 37:10 39:15 44:19 tolerate trapped 69:15,21 70:22 88:15 267:4 47:2 50:21 51:14 52:19 122:17 285:11 117:17,22 118:17 267:12,18 269:21 53:2 61:7 65:21 66:22 tolerated trapping tucker's 70:11 76:20 77:5 82:16 115:6 262:21 55:19 69:23 83:23 84:5 91:4 95:5 100:1 top trash tulane 106:2,9 108:19 109:19 43:17 77:15 80:4 96:21 15:13 109:21 143:9 118:5 120:15,22 130:5,8,13 119:8 148:18 158:21 traversed tuned 133:13,14 136:21,23 137:1 214:21 217:18,19 247:2 287:15 130:12 159:2 161:10,16 163:1 264:13 283:15 treat tuning 167:12,16 170:23 173:1,11 topics 140:9 138:11 177:14 179:2,8 180:10 274:18 treated turn 181:9 184:4 185:14 190:23 torres 80:10 120:2 207:13 40:8 59:4,17 144:1 198:14 193:11 194:9,11 200:15 2:6 treating 199:8 201:5 225:18288:2 203:6 213:13 226:10,19 total 139:16 287:7 turned 227:21 228:11 233:13 34:5,12 59:21 62:6 132:2 treatment 217:15270:13 238:16 239:20 241:20 132:11,20 149:11,21 67:20 68:8 120:9,10,14 tutorial 249:14 258:10 259:11 206:23 281:13 296:19 trend 129:11 130:7 173:19,22 271:21 277:8 278:6,14 totally 92:23 twelve 280:17 282:11,14 285:16 58:15 121:20 trial 3:8 14:15 20:22 90:1 286:12 291:13 294:7 297:8 touch 5:20 8:18 204:4 235:12 298:18 299:4,7 169:4 trials twenty times tour 8:12,14 3:12,13,13,14,14,15,15,16 65:1 66:18 113:12 114:23 109:8 tributaries 3:16,1734:1436:1344:10 136:7 touring 294:5 55:17,22 65:10,16,19 66:4 timing 109:12 110:15 trick 66:13 102:6,14 105:3 117:4 81:15 toxic 31:14 117:11 137:6,15 140:15,18 tire 185:10 186:20 191:12,20 trickle 142:18,21 145:14,17,21 13:10 192:6 238:17 242:7 276:12 50:10 146:7 147:20,22 148:2 tired 276:13 277:18,21 278:7 triggered 151:21 152:4 153:17 237:20 toxicity 32:3 154:19,21 157:1,12,13,21 tissue 85:12,23 192:13 269:22 trouble 157:23 162:16,21 31:10 32:2 toxicological 181:11 twice tissues 180:7 trough 147:13,16 111:5 toxicologist 287:13,19 type title 76:17 troughs 7:22 18:3 51:22 52:17 76:1 16:13,14 18:1329:19 184:4 traced 287:12 89:14 106:20,21 120:9 190:23 225:8 165:13 true 123:19 124:7 129:8 138:19 titled trainee 32:23 33:18 83:20 181:16 179:3,19,22 180:6 188:22 59:1 12:23 212:13,22 236:16 237:5 206:14 215:21 272:17 titles transcribed 277:20 280:14 281:5 300:9 287:9 11:8 16:18 300:8 truth types toby transcript 300:4 99:14 116:3 161:1,20 162:6 90:8 140:3 21:9,15 300:10 truthful 239:23 276:13 277:17 today transcription 46:11 285:10 19:17 21:2 22:22 23:5 300:9 try typewritten 31:22 46:16 53:20 77:1,4 10:22 58:17 68:7 82:13,19 235:11 Papageorge, William P.E. Vol I (fmr Anniston Mgr) in MARS HILL (former Monsanto Employee) HARTOLDMON0034492 [typical - ways] typical united venue want 39:11 180:14 158:3 159:6 172:23 176:20 127:8 6:20 10:11 29:3,5 49:4 54:6 typically units venued 77:1283:1392:8 111:15 178:15 116:21 202:10 203:4 8:22 127:7 132:19207:7 211:13 u university venustus 215:22 258:17 260:20 u.s. 199:9 261:10271:11 ug 153:5 uh 13:4 73:9 98:14 182:22,22 unacceptable 114:2 unclear 213:12 unconfirmed 175:12 226:10 uncovered 223:7 undergo 267:7 undergoing 33:15 underneath 52:15 55:15 112:7 understand 10:14,16,17,18 11:5 132:19 142:4 188:7 196:7 199:20 255:16 258:12 291:15 understanding 74:21 145:5 273:8 289:22 understands 297:2 understood 11:3 158:20 170:16258:10 272:1 276:16 285:5 289:3 undertaken 270:22 283:16 undertaking 245:11 underway 80:22 9:18,22 10:1 109:21 143:9 155:6,14 228:3 unrealistically 262:1,15 unspecified 299:7 unusable 276:3 unusual 239:9 upper 217:4 219:1,6 upstream 89:20 104:20 usage 242:10 use 32:7 35:18 41:6 44:3 67:8 70:19 129:10 138:11 151:23 154:6 167:1,9 169:8 186:1 194:9 200:23 204:5 204:22 214:14 262:5 263:7 263:18,19 268:22 275:7,13 278:10 useful 109:7 110:4 201:1 uses 129:18 168:8 199:8 241:7 263:14 usually 23:22 utilities 15:3 utsu 187:4,10,13,23 188:9,17 189:6,17 190:1 191:10 v 75:19 versus 1:1 9:2 21:11 203:15214:7 vice 246:20 247:5 280:9 videographer 83:23 84:5 123:3 videography 6:10 7:3 view 259:7 viland 282:4 283:13 violation 251:2,6 visible 105:19 visited 148:8 274:12 275:4 visiting 274:14 visits 161:18 188:22 visual 38:9 296:17 visualize 220:22 visualized 119:9 visually 38:3,23 44:20 vividly 132:5 volume 253:4 volumes 252:17_________________ underwent value w 173:19 200:20 wade undesirable values 289:19 291:20 292:17 252:5,11 258:5 259:9,12 100:22 waiting undue vapor 134:12 275:6,12 116:7 185:9 186:19 waived unique vapors 5:11,23 289:19 291:20 292:17 297:16,18 wanted 138:18 170:14 176:22 177:4 184:14236:17 264:14 wants 85:12 warehouse 15:2 59:10 warn 209:15,22 210:14 warned 233:7 warning 169:16 181:21 warnings 180:16,21 181:5,10 208:8 warranted 262:3 Washington 9:17,21 289:2 waste 24:19,22 25:2,6 26:10 27:2 27:8,10 35:10 38:23 44:11 112:22 113:5,9 117:16 146:20 201:23 202:1,4 204:14 205:9,10,20 215:10 223:7,13 233:22 wastes 283:9 285:10 water 15:13 37:13 39:14,21 40:12 40:23 42:2,3,6 44:23 45:12 63:16,16,17 64:9 72:16 73:23 82:12 84:17 86:6 105:11,23 106:5,18 107:14 112:22 113:5,9 118:5,9 121:22 141:20 150:6,13 167:3,11 169:9 219:19 220:4,6,9,10,22 221:21 232:22 252:17 253:3 262:22 264:6 283:3 288:11 288:14 290:1 43:23 270:19 271:5 115:13 182:14 walked waters unit various 16:22 18:10,21 25:7 34:17 74:14 175:1 285:15 210:10 walnut 291:10 waterways 57:4 70:21,23 97:13,15,16 vast 97:21 199:4 204:22 206:11 200:11,13 206:12 222:20,21 223:18 ventilation 249:16 287:21 207:20 1:1 waiter 173:4 125:6 143:16271:16272:6 272:11,16 ways 26:4 50:1 Papageorge, William P.E. Vol I (fmr Anniston Mgr) in MARS HILL (former Monsanto Employee) HARTOLDMON0034493 [wear - zeros] wear witness (cont.) writing 207:23 116:17,21 124:16 125:2 189:9,10 247:15 258:1 weed 126:9 144:20 151:11 170:2 261:14 274:9,18 282:9 165:8 170:10,21 171:4,8 222:18 300:6 week 223:5,23 269:12 300:1,11 written 20:1 85:15 92:21 115:16 300:17 78:8 94:1 101:17 112:13 170:23 249:5 282:17 witnesses 185:6,6 231:23 236:8 293:22,22 300:7 248:16 254:8 255:23 weeks wondered wrong 94:2 233:10 170:12 65:9 172:4 268:18 289:14 weigh wondering 296:21 75:2 73:15 wrote weight wood 194:18 261:9____________ 74:19,23 75:3,5,16 144:16 171:23 172:10,11 y went word y'all 39:2,5 49:12 70:1 81:13 32:7 35:14 41:6 70:18 256:20 258:21 120:20 129:11 139:18 west 174:8,8 258:17 295:11,11 2:4 124:18 wording westinghouse 182:2 203:15 283:7,8 words wet 29:21 56:20 83:14 74:19,23 75:16 144:19 work whales 25:1841:14 123:16,19 228:6 125:12 126:8 128:12,14,19 wheeler 129:2,4,8 131:2,10,18 71:2 88:16 173:20,23 174:7 132:16 185:22 255:22 184:6 193:13 194:18,19 worked 195:20 225:5 269:22 30:17 70:22 87:18 179:17 wheeler's 208:13 174:9 worker whereof 96:20 300:17 workers white 207:16,19 208:13 209:7 1:1 2:9 250:3,6,18 251:4 working 252:1 253:14 257:8,11 18:7,10 105:15 115:15 258:2,6,11 172:12 173:10 256:16 widespread world 120:1 179:17 wild worried 226:15,21 227:9,11,21 174:23 william worse 1:1,1 2:21 5:4 6:3 7:9 98:6 137:11 worst willing 277:10 285:8 wright 154:12 yard 209:13,20 yards 157:9 yeah 23:10 38:14 45:9 57:3 73:2 88:9 172:6 193:1,6 196:10 210:9 219:3 220:5 260:8 year 19:7 24:16 72:21 94:3 97:18 131:9,13 132:15,17 132:20,22 134:2,5 135:17 142:11 180:9 197:12,14,20 219:23 220:2 years 8:20 11:9 31:5 132:20 158:19 196:23 281:15 282:18 283:18,20 284:1 297:4 yesterday 20:13 123:13231:17 yield 278:2 yielded 278:11,12 york 2:7,7 274:17 young 230:2___________________ wise 29:12,14 30:17 32:16 47:12 z 136:12 48:12 50:12 51:20 71:11 zero withdrawn 88:15 91:5 104:4,4,9,18 33:20 150:1,8 253:19 21:14 24:2 37:19 77:16,16 137:12 138:1 140:2 141:7 272:14 128:10 163:2 241:10 143:1,12 zeros 251:11 259:6 wright's 65:13 withhold 139:7 94:8 write witness 261:18 263:4 274:11 2:21 5:11 23:1 66:10,15 Papageorge, William P.E. Vol I (fmr Anniston Mgr) in MARS HILL (former Monsanto Employee) HARTOLDMON0034494