Document nkX3y6B0NVvErGQQMrkBgqjY1

STATE OF ALABAMA IN THE CIRCUIT COURT OF CALHOUN COUNTY MARS HILL MISSIONARY BAPTIST CHURCH, et al., Plaintiffs, ` MONSANTO COMPANY, et al. , CIVIL ACTION NUMBER CV-96-243 / DEPOSITION OF WILLIAM B. PAJPAGBORGE, P.R. The aeooBition of WILLIAM B. PAPAGEORGE, P.E., was taken before Deborah Salere Garrett, Certified Shorthand Reporter, Registered Professional Reporter, as ConrnisBioner, commencing at 1:20 p.m. on March 31, 1998, by the Plaintiffs, at the law offices of Lighcfoot, Franklin L 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 3S9D1-0755 EXHI BITS 2 Plaintiffs' Marked u 3 One Two 4 Three Four 5 Five Six 6 Seven Eight 7 Nine Ten e El even Twelve 9 Thirteen Fourteen 10 Fifteen Sixteen 11 Seventeen Eighteen x^ iuucLccu Twenty 13 Twenty-one Twenty-two 14 Twenty-three Twenty-four 15 Twenty-five Twenty-six 16 Twenty-seven Twenty-eight 17 Twenty-nine Thirty 16 Thirty-one Thirty-two 19 Thirty-three Thircy-four 20 Thirty-five Thirty-six 21 Thirty-seven Thirty-eight . Jhirty-nine 7 11 25 28 47 53 56 59 7B 87 88 90 95 98 101 103 1D8 112 114 117 137 14 0 142 145 148 152 154 157 162 171 183 184 193 203 214 216 221 222 224 231 Offered REGIONAL REPORTING SERVICE, INC. 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, Esa. 6 KASOWITZ, BENSON, TORRES &. FRIEDMAN 1301 Avenue of the Americas 7 New York, New York 10019 e For the Defendants: 2 9 ADAM PECK, Esq. LIGHTFOOT, FRANKLIN & WHITS 10 300 Financial Center 505 North 20th Screet n Birmingham, Alabama 35203 12 GERARD H. DAVIDSON, JR., Esq. SMITH, HEU4S, MULLISS & MOORE 13 P. 0. Box 21927 Greensboro, North Carolina 27420 14 IS INDEX 16 Page 17 Stipulations 5 IB Reporter's Certificate 300 19 20 EXAMINATIONS 21 Witness: WILLIAM B. PAPAGEORGE, P.E- Page 22 By Mr. Atkin 6 23 REGIONAL REPORTING SERVICtl, INC. 1 EXHIBITS 2 Plainciffs' Marked 3 Forty-one Forty-two 4 Forty-three Forty-four 5 Forty-five Forty-six 6 Forty-seven Forty-eight 7 Forty-nine Fifty 6 Fifty-one Fifty-two 9 234 237 244 248 259 269 273 279 261 266 293 298 10 No ocher exhibits were marked for 11 identification, offered or attached as exhibits hereto. 12 13 14 15 15 17 is 19 20 21 22 23 REGIONAL REPORTING SERVICE, INC. 4 WATER_PCB-SD0000017934 1 2 3 q. 4 5 6 7 a 9 lu 11 12 13 A. 14 Q. 15 16 17 IB 19 A. 20 Q. 21 22 23 A. 117 MR. ATKIN: Thank you for clarifying that. We vill mark for identification purposes, as Exhibit Twenty to your deposition, a document bearing Bate's number MONS 098414, dated January 29th, 1971. It appears to be a memorandum from Mr. Papageorge to Mr. Savage, with several recipients. (Plaintiffs' Exhibit Number Twenty was marked for identification.) I have read the exhibit. Okay. By January 1971, you had concluded that high, levels of PCBs would continue to exist in the plant waste streams because of the PCBs trapped in the soil and the sewer system, correct? That is correct. Okay. What did you mean when you said that high levels would continue because of the PCBs trapped in the soil? Wbat I had in mind was the fact that REGIONAL REPORTING SERVICE, INC. 1 2 3 A. 4 Q. 5 A. 6 7 e 9 10 n 12 13 14 15 16 17 10 19 20 21 22 Q. 23 119 sources can be economically impractical." Do you Bee that? I do. ` What did you mean by that? I was theorizing in a way what kinds of technology could be applied to extract the PCBs in soil. And with my quick, off the top of head kind of study, I visualized that this could be a monstrous task in terms of equipment and successful achievement. So I quickly extrapolated chat into an economic kind of thought, and I was hoping that by getting others involved we could get perhaps a different perspective that could still get to the solution without my high costs estimates, which were, as I said earlier, not based on any highfalutin calculations or science. It waB just a gut feel I had that this could be a monster. Okay. You also concluded that the PCB contamination in the plant was so REGIONAL REPORTING SERVICE, INC. 118 1 PCBs tenaciously hang onto soil 2 particles like little magnets. And 3 Bince they aren't destructible in the 4 environment, they will be there forever. 5 such that any time a water flow occurs 6 in this soil, the chances of that soil. 1 with its PCB being transported, will 8 remain. And later if a sample of that 9 contaminated water is taken, sure 10 enougn, PCBs win oe round, in it. 11 Q. Which soil were you referring to? 12 A. Well, this was soil in the plant where 13 previous contamination had occurred. 14 like an overflow of those neutralization 15 pits, for example. 16 q. Okay. And what did you mean when you 17 said that the PCBs were trapped in the 18 soil? 19 A. It is another way of expressing my 20 magnetism the PCB has for surfaces, 21 clinging to them. 22 Q. In the last sentence of the second 23 paragraph you state, "Cleanup of these REGIONAL REPORTING SERVICE, INC. 1 2 3 4 A. 5 Q. 6 7 8 A. 9 Q. 10 11 12 13 14 15 A. 16 17 18 19 20 21 22 23 widespread that all of the plant's 120 effluents must be treated; is chat correct? Tes. And that this would result in a system more complex and costly than anyone had anticipated, correct? Yes. You also said the type treatment needed approaches tertiary treatment -- that's t-e-r-t-i-a-r-y -- which at Krummrich is scheduled for completion by 1973. What did you mean by tertiary treatment? There was at the time a proposal made by the technical community in Monsanto, which included researchers in the engineering department, to subject any contaminated soil to a three-step process. That is where the word "tertiary" came from. I at this point in time don't recall all of the details. But it REGIONAL REPORTING SERVICE, INC. WATER_PCB-SD0000017935