Document pmm57NbQnRkJ9r5zrmDnNXgE7

ORIGINAL 1 1 IN THE COMMONWEALTH COURT OF PENNSYLVANIA 2 PENNSYLVANIA DEPARTMENT OF GENERAL NO. 284 M.D 1990 3 SERVICES, PENNSYLVANIA 4 DEPARTMENT OF TRANSPORTATION, 5 PENNSYLVANIA PUBLIC UTILITY 6 COMMISSION, PENNSYLVANIA EMERGENCY 7 MANAGEMENT AGENCY, PENNSYLVANIA 8 DEPARTMENT OF STATE 9 Plaintif f s 10 Vs . 11 UNITED STATES MINERAL PRODUCTS THIS DEPOSITION IS TO BE READ & SIGNED AND Pit fl ' TO THE DEPOSING A': SEE INSTRUCTIONS 1C. - IN BACK OF 1 RAEioU-'iT ' 12 COMPANY, CERTAINTEED CORPORATION, 13 COURTAULDS AEROSPACE, INC; 14 CHEMREX, INC; PHILIPS ELECTRONICS 15 NORTH AMERICA CORPORATION, 16 ADVANCE TRANSFORMER COMPANY and 17 MONSANTO 18 De f endants : 19 Jurist-Begley Reporting Services 2 0 AN ESQUIRE COMMUNICATIONS, LTD. COMPANY 21 Philadelphia, PA New York, NY Princ e ton, NJ 2 2 215.546.1393 212.382.1330 609.844.0013 23 Wilmington, DE Nationally 24 302.426.9857 800.345.4940 JURIST-BEGLEY REPORTING SERVICES WATER PCB-SD0000024307 J . COLEMAN WEBER 2 1 Oral Deposition of 2 J. Coleman Weber, taken pursuant to Notice, held at 3 the Radis son Hot e1 , 7750 Carondelet Plaza, C1ay ton, 4 Missouri, on Tuesday, May 5 , 19 9 8 , a t 5 10:30 a.m., before John W. Begley, a Registered 6 Professional Reporter - Notary Publie there being 7 present. 8 APPEARANCES: HUMPHREY, FARRINGTON & MC CLAIN, P.C. 9 BY: JAMES ZIEGLER, ESQUIRE 1 0 2 21 West L exing t on - Suite 400 11 Independence, Mis souri 6 4 0 5 1 12 Phone: 816 - 836-5050 13 Representing the Plaintiffs 14 15 WHITE & WILLIAMS 16 BY: THOMAS M. GOUTMAN, ESQUIRE 17 One Liberty Place - 18th Floor 18 1650 Market Street 19 Philadelphia, PA 19102 20 Phone: 215 - 864-7000 21 Representing the De f endant Monsanto 22 Corporation 23 24 JURIST-BEGLEY REPORTING SERVICES WATER PCB-SD0000024308 J . COLEMAN WEBER 3 1 SMITH HELMS MULLISS & MOORE, L.L.P. 2 BY: GERARD G. DAVIDSON, JR., ESQUIRE 3 300 North Green Street - Suite 1400 4 Greensboro, North Carolina 27420 5 Phone: 910 - 378-5267 6 Representing the D e f endan t Monsan to 7 Corporation 8 9 CRIVELLO, CARLSON, 10 MENTKOWSKI & STEEVES, S.C. 11 BY: JEFFREY T. NICHOLS, ESQUIRE 12 The Empire Building 13 710 North P1ankinton Avenue 14 Milwaukee, Wisconsin 53203 15 Phone: 414 - 271-4438 16 Representing the De f endan t ChemRex, 17 Inc . 18 19 20 21 22 23 24 JURIST - BEGLEY REPORTING SERVICES WATER PCB-SD0000024309 J . COLEMAN WEBER 4 1 KENT & MC BRIDE 2 BY: ANTHONY V. MANNINO, III, ESQUIRE 3 Two Logan Square - Suite 600 4 18th and Arch Streets 5 Philadelphia, PA 19103 6 Phone: 215 - 568-1800 7 Representing the De f endant s 8 Philips Elec tronic s North America 9 Corporation and Advanc e Trans f ormer 10 Company 11 12 ATTENDING VIA PHONE 13 DANAHER, TEDFORD, LAGNESE & NEAL, PC 14 BY: MICHAEL J. DUGAN, ESQUIRE 15 Capitol Place 16 21 Oak Street 17 Hartford, Conne c ticu t 0 610 6 18 Phone: 860-247-3666 19 Repre s enting the D e f endan t U.S. 2 0 Mineral Company 21 22 23 24 JURIST-BEGLEY REPORTING SERVICES WATER PCB-SD0000024310 J . COLEMAN WEBER 5 1 2 3 INDEX 4 5 WITNESS PAGE 6 7 J. Coleman Weber 8 By Mr . Ziegler 8 , 47 9 By Mr . Nichols 42 10 By Mr . Mannino 45 11 12 jcji Ya InT jT. Td* jT. T S 13 14 NUMBER DESCRIPTION PAGE 15 Weber 1 Letter to Dale S. Bryson from 13 16 R. W. Flint dated 5/19/76 17 Weber 2 Letter to George F. Wirth from 23 18 J. Coleman Weber dated 3/28/77 19 Weber 3 Letter to George F. Wirth from 27 20 J. Coleman Weber dated 6/30/77 2 1 Weber 4 Letter to Dr. George Wallis 30 22 from J . Coleman Weber da t e d 3/25/76 2 3 Weber 5 Letter to E.E. Wallen from 33 2 4 J. Coleman Weber dated 3/15/76 JURIST-BEGLEY REPORTING SERVICES WATER PCB-SD0000024311 J . COLEMAN WEBER 6 1 Weber 6 Memorandum to J.C. Weber from 35 2 W . B. Papageorge dated 1/18/77 3 Weber 7 Memorandum to J.C. Weber among 37 4 others from W. B. Papageorge 5 dated 12/3/76 6 Weber 8 Memorandum to J.C. Web e r from 37 7 Peter E. B e r t eau da ted 4/17/78 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 JURIST-BEGLEY REPORTING SERVICES WATER PCB-SD0000024312 J . COLEMAN WEBER 1 DEPOSITION SUPPORT INDEX 2 3 DIRECTION TO WITNESS NOT TO ANSWER 4 PAGE LINE PAGE LINE 5 6 7 REQUEST FOR PRODUCTION OF DOCUMENTS 8 PAGE LINE PAGE LINE 9 10 11 12 STIPULATIONS 13 PAGE LINE PAGE LINE 14 15 16 17 QUESTIONS MARKED 18 PAGE LINE PAGE LINE 19 20 21 22 23 24 JURIST-BEGLEY REPORTING SERVICES 7 WATER PCB-SD0000024313 J. COLEMAN WEBER 8 1 THE COURT REPORTER: Usual 2 stipulations? 3 MR . ZIEGLER: That' s fine. 4 MR . NICHOLS: That' s fine. 5 MR . MANNINO: That' s fine. 6 MR . GOUTMAN: That' s fine, but I 7 would like the witness to read and sign the 8 transcript. 9 10 (11 is hereby stipulated by and among 11 counsel for the respective parties that the 12 sealing, fi1ing and certification are waste, 13 and that all ob j ec tions, except a s to the form 14 of the questions, be reserved unti1 the time of 15 trial . ) 16 17 J. Coleman Weber, after having first 18 been duly sworn, was examined and testified as 19 foilows: 20 2 1 EXAMINATION 22 23 BY MR. ZIEGLER: 24 Q. Could you please state your name and your JURIST-BEGLEY REPORTING SERVICES WATER PCB-SD0000024314 J. COLEMAN WEBER 9 1 address for the record. 2 A. Okay. J. Coleman Weber, 518 Sunnyside Avenue, 3 Webster Grove s, Mis souri. 4 Q. And do you still work for Mon s an t o, Mr. Weber? 5 A. No, I retiredin '85. 6 Q . In 1985? 7 A. Yes. 8 Q. And how long had you worked for Monsanto up 9 until 1985? 10 A. 2 5 years ago. Approximately. About thr e e 11 months short. 12 Q. And was your position the same always at 13 Monsanto? 14 A. Basically in the same department. Then I 15 became manager of the department, but I - - my j ob 16 c hanged a s they reorganized their divisions. 17 Q. Wha t department did you start with? 18 A. The inorganic chemic a1 division in 19 61. 19 Q . And what was your j ob title when you first 2 0 started in 1961? 2 1 A. Oh, supervisor of qua1ity, I think. 22 Q. How wou1d you de scribe your responsibilities 23 a s the supervisor of quality in 19 6 1? 24 A. Junior memb e r of the department in supplying JURIST - BEGLEY REPORTING SERVICES WATER PCB-SD0000024315 J. COLEMAN WEBER 10 1 information to customers and working with the p1ants 2 on qua1ity. 3 Q. Was your posit ion with Monsanto in 1961, was 4 that your first job out of college? 5 A . No . 6 Q. Who did you work for before that? 7 A. Unit e d States Air Force, Mallinckrodt Chemical 8 Works. 9 MR. GOUTMAN: Can you spell that for 10 the record? 11 THE WITNESS: MALLINCKRODT, 12 I think 11 is in the phone book . 13 BY MR. ZIEGLER: 14 Q. That's all right. 15 And where did you go to school? 16 A. I have a graduate degree from St. Louis 17 University and an undergraduate degree f rom the 18 Univer sity of Mis souri. 19 Q. In St. Louis? 2 0 A . No . 2 1 Q. Columbia ? 2 2 A. Yes. There didn't exist a St. Louis 2 3 University in my day. I graduated in 19 5 2 as an 24 undergraduate; ' 5 9 was gradua t e school. JURIST-BEGLEY REPORTING SERVICES WATER PCB-SD0000024316 J. COLEMAN WEBER 11 1 Q. And what did you get your BS in? 2 A. Chemis try. 3 Q. And you did do your graduate work in what ? 4 A. Business administration. I have an MBA. 5 Q. After you started with Monsanto did their come 6 a time that your job title changed in Mon s an to ? 7 A. Yes. 8 Q. What year didthat happen? 9 A. 1970, I think. I think. It might have been 10 earlier. 11 Q. What title did you assume in - - 12 A. I was a manager then. 13 Q. You said earlier that you supplied info rma tion 14 to cus tomers. Can you tell me wha t your role was in 15 supplying information to customers? 16 MR. GOUTMAN: This is back in 1961? 17 THE WITNESS: What time frame? 18 BY MR. ZIEGLER: 19 Q. B e twe en 19 61 to 19 7 0. 2 0 A. Basically specifications that they reque s ted, 21 evalua te c u s t ome r specifications, analytic a1 me thods. 22 Try to answer any ques tions on any data they wanted, 23 any information they wanted. 24 Q. And who was your immediate superior in 19 61? JURIST-BEGLEY REPORTING SERVICES WATER PCB-SD0000024317 J. COLEMAN WEBER 12 1 Do you recall? 2 A. Henry Mo ss. 3 Q. Was he your immediate sup e rio r up through 4 1970? 5 A. No, he retired and then a fellow named Joe 6 Metcalf bee ame my s up e rio r. 7 Q. Do you know if Mr. Metcalf still works for 8 Monsanto? 9 A. He's dead. 1 0 Q. When you bee ame manager in 197 0 who was your 11 immediate superior then? 12 A. I think it was Metcalf. 13 Q. Your official title, was tha t manager of 14 p roduc t acceptability? 15 A. That' s right. In the time frame in the 16 197 0 ' s . 17 Q. How wou1d you describe your responsibilities 18 a s the manage r of produc t acceptability? 19 A. 11 depends on which division, on what produc t s 2 0 I wou1d hand1e. 2 1 Q. Let's talk about Aroclors. 2 2 A. When they formed the specialty chemical 23 division unde r Earl Ha rbis on, tha t' s when I got 24 involved with the Aroclors. JURIST-BEGLEY REPORTING SERVICES WATER PCB-SD0000024318 J. COLEMAN WEBER 13 1 Q. What year was that ? 2 A. I think 1975. Time flies when you are having 3 fun . 4 Q. Did you have any responsibility or contac t 5 with Aroclors before tha t ? 6 A . No . 7 MR. ZIEGLER: Let's mark this a s Weber 8 1. (Indie a ting) . 9 (The above-referred to document was 10 marked a s Weber Exhibit 1 for identification) 11 MR. GOUTMAN: Do you want him to read 12 this? 13 BY MR. ZIEGLER: 14 Q. Mr. Weber, if you could go ahead and read 15 Exhibit Weber 1, please. 16 A . Okay. 17 Q. Have you had a chance to look a t Exhibit 1? 18 A . Yes. 19 Q. And can you identify it for me, please. 20 A. Yes. 21 Q. Please do. 22 A. The s t a t emen t a t tached was the one tha t we 23 prepared when I represented Mr. Fitzgerald in front 24 of Rus sell Train of the EPA. JURIST-BEGLEY REPORTING SERVICES WATER PCB-SD0000024319 J. COLEMAN WEBER 14 1 Q. Who was Mr. Fitzgerald? 2 A. He was the general manager a t that time of the 3 indu s trial chemical c ompany, which we were part of. 4 Q . And you had a meeting with Russ ell Train, 5 adminis trator of the E PA; is tha t correc t? 6 A. Along with several other peop1e, if I 7 remember. 8 Q. From the EPA? 9 A. 11 was EPA and indus try. 11 was televised. 10 Q. I see. And that that me e ting occurred on or 11 abou t May 13 , 19 7 6? 12 MR. GOUTMAN: Do you want him from his 13 memory or looking a t this document? 14 THE WITNESS: No, I don' t r ememb e r the 15 da te uni ess I would recal1 it from here. 16 (Indicating). 17 BY MR. ZIEGLER: 18 Q. Do you recall whe the r this meeting occurred in 19 the year 1976? 2 0 A . No . 2 1 Q. Is it true - - we 11, a t the time of this 22 meeting you were the manager of p roduc t acceptability 23 for specialty chemic a1s ? 24 A. Division. JURIST-BEGLEY REPORTING SERVICES WATER PCB-SD0000024320 J. COLEMAN WEBER 15 1 Q. You were the manager for the specialty 2 chemicals division. 3 A. Yes. 4 Q. And can you tell me what was mean t by 5 specialty in the context of that division? 6 A. I gue s s we were the sma Her bu s in e s s uni t s . 7 We had water t r ea tmen t c hemicals, lub ric ant s, 8 hydraulic s, and this type of thing, so it was the 9 sma11e r busine s s units that made up this division of 10 the Monsanto Indus trial Chemical Company. 11 Q. Could specialty refer to chemica1s which were 12 not c ommonly manufactured by other c ompanie s ? Is 13 that possible? 14 A. I don' t think so. Whoever put toge ther the 15 division had s ome thing in mind which I was not privy 16 t o . 17 Q. Is it true that Mr. Fitzgerald had previously 18 me t with the EPA and as sured the EPA tha t Monsanto 19 had no desire to remain in the business any longer 2 0 than necessary? 21 A. I don' t rememb e r. 2 2 Q. Do you know, this was part of a s tatement tha t 23 you made to the EPA? (Indicating) 24 MR. GOUTMAN: "This" referring to the JURIST-BEGLEY REPORTING SERVICES WATER PCB-SD0000024321 J . COLEMAN WEBER 16 1 exhibit? 2 MR. ZIEGLER: Yes. 3 THE WITNESS: I don't remember it. I 4 would have to read the exhibit again. If it 5 says so in here I did it. (Indicating) 6 BY MR. ZIEGLER: 7 Q. Let me give you a few moments to read the 8 s tatement and see if that refreshes your recollection 9 with respect to any of the s tatements that are in 10 there. 11 A. It says in the second paragraph that Jack 12 Fitzgerald, managing director of the operating unit, 13 met with Mr. Train in January. 14 Q. All right. I'll give you a couple of minutes. 15 If you could read it carefully and we will see if it 16 refreshes your recollection as to anything in there. 17 MR. NICHOLS: What's the date of 18 Exhibit 1? 19 MR. ZIEGLER; May 13. ^___ May 13 ,(^199^J I 7' / 7/ ^ f' 2 0 THE WITNESS: 21 MR. GOUTMAN And the cover letter is 22 May 19, ^1996. 11 ' i 23 THE WITNESS: All right. 24 BY MR. ZIEGLER: JURIST-BEGLEY REPORTING SERVICES WATER PCB-SD0000024322 J . COLEMAN WEBER 17 1 Q. Have you read the entirety of Exhibit 1? 2 A. Yes . 3 Q. Who helped you prepare Exhibit 1? Do you 4 remembe r ? 5 A. I do not remember any individual name s, no . 6 Q. Do you know what department from Monsanto did? 7 A. No, I would have to make an as sump tion. 8 Q. Is it your t e s timony that you c an' t remember 9 anybody who helped supply info rma tion that went into 10 the preparation of Exhibit 1? 11 A . No , I don't recall. 12 Q. Do you recall whe ther, a s of May 13, 197 6 13 that as soon as Monsanto was satisfied that the 14 elec trical power supply indus try needs for usable, 15 accept ab1e, alt e rna t e dielectric fluids had been me t 16 by whomever Monsanto would voluntarily shut down its 17 PCB manuf ac turing unit ? Do you recall that? 18 A. That was a s ta t emen t in here. (Indicating) . 19 Q. I'm asking you is that correc t ? 2 0 MR. GOUTMAN: If he recalls . 2 1 THE WITNESS: I don't recall any 2 2 s tatements other than unti1 I was shown this 23 memo. (Indic a ting) . 24 BY MR. ZIEGLER: JURIST-BEGLEY REPORTING SERVICES WATER PCB-SD0000024323 J. COLEMAN WEBER 18 1 Q. Do you have any independent recollec tion that 2 Monsanto in 1976 intended to shut down its PCB 3 operations a s soon as alt e rna t es c ould be derived for 4 PCBs ? 5 A. That was the intention, yes. 6 Q . And do you recall at least going to 7 Washington, DC in 1976 and meeting with the EPA to 8 reaf firm this position, that Mon s an t o intended to 9 close down the produc tion of PCBs? 10 A . Yes. 11 Q. Do you recall rec eiving inf ormation that 12 Mons an to had c onduc ted research on alternatives to 13 PCBs ? 14 A. Yes. 15 Q. And I am looking now a t the s ame page, the 16 first page of your s t a t emen t. Do you recall that 17 si1icones were the leading PCB replacement 18 Candidate s ? 19 A. Yes. 2 0 Q. Do you know why tha t is or why that was a t the 21 time? 22 A . No . 2 3 Q. Do you know whom you may have rec eived that 24 info rma tion from a t Mons an t o ? JURIST-BEGLEY REPORTING SERVICES WATER PCB-SD0000024324 J. COLEMAN WEBER 19 1 A . No . 2 Q. Do you recal1 whe ther Monsant o had shelved 3 developmental work on t ran s f o rme r fluid alt e rna t e s 4 because they do no t appear to be ab1e to compete on a 5 cost p e r f o rmanc e basis with other alternatives? 6 A. Do I recall? 7 Q. Yes. 8 A . No . 9 Q. If you could go down, on the second page of 10 your s ta t emen t, to the f our th paragraph, where you 11 state, "Since we announced our intentions to exit the 12 busine s s, demand for PCB-filled trans formers has 13 declined substantially." 14 Do you see that s t a t emen t ? 15 A. Yes. 16 Q. Do you know, in the context of that s ta t emen t, 17 do you know what the word "substantially" means ? 18 A . No . 19 Q. Do you have anyindependent recollection that 20 the demand for PCB trans f o rmers dec lined 21 sub stantially after Monsanto announc ed its intentions 2 2 to exit the business? 23 A . No . 24 Q. Do you recall what PCBsor what types of JURIST-BEGLEY REPORTING SERVICES WATER PCB-SD0000024325 J . COLEMAN WEBER 20 1 Aroc1 ors were being manufactured as of 19 7 6 by 2 Monsanto? 3 A. Not completely. 4 Q. Can you tell me what some of those were. 5 A. Aroclor 1254, 1016. That's all I remember. 6 Q. Do you know what the mo s t common, who the mo s t 7 c ommon cus tomers were for Aroclor 1016 in 19 7 6? 8 A. Capacitor manu facturers. General Electric and 9 Westinghouse were the main ones that I recall. 10 MR. NICHOLS: I didn't hear the answer. 11 THE WITNESS: Capacitor manufacturers. 12 General Electric, Westinghouse, were the main 13 ones that I recall. 14 BY MR. ZIEGLER: 15 Q. Was there a dif f eren t grade PCB for c apacitors 16 as opposed to trans formers ? Do you remember that ? 17 MR. GOUTMAN: Ob j ec tion to the use of 18 the word "grade". 19 You can answer if you can. 2 0 THE WITNESS: I don't remember the 21 differences b e tween them now, but the re was, 2 2 based on the electrical use. 23 BY MR. ZIEGLER: 24 Q. But you don' t r ememb e r wha t the dif f erence JURIST-BEGLEY REPORTING SERVICES WATER PCB-SD0000024326 J. COLEMAN WEBER 21 1 was ? 2 A. No, not anymore. 3 Q. On the last page of yours ta temen t thefirst 4 line s ays , 11 Monsanto is o f ten asked, and indeed 5 pressed, to e s tab1ish a firm exit date." 6 Can you tell me who of ten asked 7 Monsanto to e s tab1ish a firm exit date ? 8 A . No . 9 Q. Would that have been the EPA? 10 A. I'm sure it was, sincethey were involved in 11 it, but I don't recal1. 12 MR. GOUTMAN: If you don't recall, say 13 you don't recall; don't speculate. 14 THE WITNESS: I don' t recall . 15 BY MR. ZIEGLER: 16 Q. Do you recal1 that Monsanto was a s anxious as 17 anyone to settle on a firm time tab1e to c omp1e t e its 18 exit? Do you recall tha t ? 19 A. Yes. 20 Q. Can youtell me why Monsanto was anxious to 21 exit the PCB business? 22 A. What thereasons behind tha t were ? 23 Q. Yes . 24 A. I was not involved in the decision on that. JURIST - BEGLEY REPORTING SERVICES WATER PCB-SD0000024327 J. COLEMAN WEBER 22 1 Q. Further on down you state tha t Monsanto was 2 most anxious to exit this busine s s. 3 Can you tell me how you arrived a t that 4 informa tion ? 5 A. I don't remember. 6 Q. Did you, from time to time, did you prepare 7 s t a t emen t s tha t you would make to governmental 8 agencies? Do you recall that? 9 A. Yes. 10 Q. Do you recall if you might have made other 11 s t a t emen t s o ther than this one to the EPA with 12 respect to PCBs ? 13 A. I don't recall any specific s t a t emen t s, but we 14 me t with EPA and f r equen tly exchanged info rma tion. 15 Q. Was it people within your staff that helped 16 you prepare the s t a t emen t s ? 17 A. People within the c ompany would help prepare 18 the s t a t ement s. 19 Q. Do you remember wha t divisions those people 2 0 came from? 2 1 A. Tha t would be legal, publie rela tions, and 22 medic a1 depar tmen t, toxicology or medic a 1. 23 Q. When you made this s tatement to the EPA was it 24 your understanding tha t the issues upon which you JURIST-BEGLEY REPORTING SERVICES WATER PCB-SD0000024328 J. COLEMAN WEBER 23 1 spoke, that you we r e giving Monsanto's posit ion on 2 the issues about which you spoke to the EPA? 3 A. Yes . 4 MR. GOUTMAN: You are referring to this 5 exhibit? 6 MR. ZIEGLER: Yes. ? THE WITNESS: Yes, I represented 8 Mons anto before Mr. Train on May 13 , 197 6. 9 MR. ZIEGLER: We will mark this document 10 a s Weber Exhibit 2. (Indie a ting) . 11 (The above-referred to documen t was 12 marked as Weber Exhibit 2 for identification) 13 BY MR. ZIEGLER: 14 Q. If you would please take a t look a t Web e r 15 Exhibit Number 2. 16 A . Yes. 17 Q. Could you identify Exhibit Number 2 for the 18 record? 19 A. Identify it? 2 0 Q. Just tell me wha t it is. 21 A. It is a letter going to George Wirth of EPA, 2 2 who is a t the Special Chemicals Branch. 23 Q . And you wrote this letter on March 2 8, 1977 ? 24 A. That's the date of the letter, yes. JURIST-BEGLEY REPORTING SERVICES WATER PCB-SD0000024329 J . COLEMAN WEBER 24 1 Q. And you wro t e this letter; correc t? 2 A. Yes. 3 Q. Can you tell me - - let me ask you this: 11 is 4 true, isn't it, that the EPA was foilowing Monsanto's 5 phase out of PCB produc tion; correct? 6 A. Yes. 7 Q. And do you know what the EPA's interest in the 8 phas e out of PCB produc tion was ? 9 A. Well, it was on their prime list of chemicals 10 that they were watching at the time. 11 Q. In this letter youtalk about the transport of 12 PCBs. Was that something that EPA was also 13 interested in ? 14 A. Absolutely. 15 Q. Was it EPA's concern, the potential escape of 16 PCB s out of their containers and into the 17 environment ? 18 A. I think so, yes. 19 MR. GOUTMAN: Just a second. 20 BY MR. ZIEGLER: 21 Q. You also wrote, in this exhibit you wrote to 22 the EPA about transporting PCB s in drums. 2 3 A. Yes. 24 Q. Do you see that ? JURIST-BEGLEY REPORTING SERVICES WATER PCB-SD0000024330 J. COLEMAN WEBER 25 1 A. Yes . 2 Q Was the EPA concerned about the drum' s abi1ity 3 to contain PCBs ? 4 A. I don't recall. 5 Q Was the EPA coneerned that the drums were not 6 sufficient precaution to c on t ain the PCB s ? 7 A. I don't remember. 8 Q. You state in here, you talk in this letter 9 about incineration of PCB materials . I take it, 10 then, that a t s ome point s omeone decided that 11 incineration was a preferred me thod of disposing 12 PCBs ; is tha t correct? 13 MR. GOUTMAN: Obj ec tion to the form of 14 the ques tion. 15 THE WITNESS: I don't know who the 16 somebody is. 17 BY MR. ZIEGLER: 18 Q . You state this in your letter; correct? 19 MR. GOUTMAN: State what? What are you 2 0 ref erring to ? 2 1 MR. ZIEGLER: Talking abou t returns of 2 2 PCB materia1 for incineration. 2 3 MR. GOUTMAN: This letter do e sn' t refer 24 it to as being a preferred method. JURIST-BEGLEY REPORTING SERVICES WATER PCB-SD0000024331 J. COLEMAN WEBER 26 1 MR. ZIEGLER: That's what I'm asking 2 him . 3 MR . GOUTMAN: Was it a pre f erred method? 4 THE WITNESS: I don' t r ememb e r. Because 5 in the first paragraph of the second page - - 6 BY MR. ZIEGLER: 7 Q. Yes. 8 A. Our p1 an is basedon thea s sump tion that 9 tankcars or drums will be suitable for transit and 10 s torage. 11 Q. And then you go on to s ay, "If this as sump tion 12 is inc orrec t, there are obvious ad j us tmen t s needed in 13 our planning. 11 14 A. Yes. 15 Q. So youwere seeking theEPA'sadvice on the 16 prop e r way of transporting PCBs; is that correct? 17 MR. GOUTMAN: Ob j e c tion to the form of 18 the que stion. 19 THE WITNESS: I don't know, but if you 2 0 can' t ship it in a container, then we were 21 asking for their guidance on what they 22 recommended. That' s what it sounds like here, 23 but I don't recall. 24 BY MR. ZIEGLER: JURIST-BEGLEY REPORTING SERVICES WATER PCB-SD0000024332 J . COLEMAN WEBER 27 1 Q. The very next paragraph talks about returns of 2 PCB ma terial for incineration. Do you recal1 that 3 Monsanto was acc ep ting PCB s for incineration? 4 A. Yes . 5 Q Do you know when Monsanto first started 6 accepting PCB s for incineration? 7 A. I don' t remember the date. 8 Q. Do you recall, at the point of time when you 9 started, when you had contact with PCBs at Monsanto, 10 do you recall whether they were accepting PCBs for 11 incineration a t tha t time ? 12 A . No, I don't remember. 13 Q Do you recall whether Monsanto had any o ther 14 manner of dis po sing of PCBs other than incineration? 15 A . No . 16 MR . ZIEGLER: This will be Weber 17 Exhibit 3. (Indicating). 18 (The above-referred to doc umen t was 19 marked as Weber Exhibit 3 for identification) 2 0 BY MR. ZIEGLER: 2 1 Q. Mr. Weber, if you could take a look a t Weber 22 Exhibit Number 3, which is a letter from you to 23 George F. Wirth dated June 3 0 , 19 7 7. 24 A . All right. JURIST-BEGLEY REPORTING SERVICES WATER PCB-SD0000024333 J. COLEMAN WEBER 28 1 Q. And in this letter you were enclosing a notice 2 that you had sent to your customers telling them that 3 you would stop acc ep ting PCB was t e returns a s of 4 Augus t 31, 19 7 7. 5 A. Yes. 6 Q. And if you can take a look at the second 7 page - - 8 A. Yes. 9 Q. - - is that where you are? 10 A. Yes. 11 Q. This is a copy of the letter that you sent to 12 your cus tomers; correct? 13 A. That's what it says. 14 Q. Do you recall that that's the letter that you 15 were sending to your customers ? 16 A . No . 17 Q. Do you recall advising customers of alternate 18 incine ration facilities? 19 A . Yes. 20 Q. Do youhave independent recollectionof that? 21 A. No, but Iremember that when wephased out 22 that there were other indu s t ria1 sites that were 2 3 available. 24 Q. Do you recall giving your cus t ome r s JURIST-BEGLEY REPORTING SERVICES WATER PCB-SD0000024334 J . COLEMAN WEBER 29 1 of any other manner of dispo sing of 2 PCBs, such as a landfill? 3 A . No . 4 Q. Is it true that Monsanto's incinerator was 5 built to dispose of Mon s an t o's PCB produc tion unit's 6 residue and to assist its customers to dispose of 7 their was te? 8 MR. GOUTMAN: Obj ection to the form of 9 the question. 10 THE WITNESS: That's what is stated in 11 this 1etter of June 30, 1977, the second 12 paragraph, first sentence. 13 BY MR. ZIEGLER: 14 Q. Do you recal1 that Monsanto's incinerator was 15 designed to handle only s traight PCBs or those 16 contaminated with organic solvent? 17 A. No, just what I read in this letter. 18 Q. Which you wro te - - 19 A. In 1977. 2 0 Q. That's your signature, isn't it? 21 A. Yes . 22 Q. Do you recal1 that as of June 3 0 , 19 7 7 that 2 3 Monsanto had a sub stantial volume of PCB was te on 24 hand which mu s t be disposed of? JURIST-BEGLEY REPORTING SERVICES WATER PCB-SD0000024335 J. COLEMAN WEBER 30 1 A. The only facts I recall is what is stated in 2 the letter because I read the letter. 3 MR. ZIEGLER: This document will be 4 marked as Weber Exhibit 4. (Indicating) . 5 (The above-referred to document was 6 marked a s Weber Exhibit 4 for identification) 7 BY MR. ZIEGLER: 8 Q. Mr. Weber - - 9 A. Al1 right. 10 Q. And Exhibit Number 4 is a letter from you to 11 Dr. George Wallis da ted March 2 5 , 1976 ; correct? 12 A. Yes. 13 Q . And in this letter you tell Dr. Wallis t ha t 14 PCBs have been discovered to have a widespread 15 dis tribution in the environment; correc t ? 16 A. Yes. 17 Q. And you alsotell Dr.Wal1is that s ome 18 environmental occurrenc es have been associated with 19 advers e ef fee ts on certain forms of anima1 life. 2 0 A. Yes. 21 Q. Is it correct that beginning in 19 7 1 the 22 Mons anto C ompany was the sole U.S. produce r of PCBs ? 2 3 A. As stated inthe letter, yes. 24 MR. GOUTMAN: Ob j e c tion to the form of JURIST- BEGLEY REPORTING SERVICES WATER PCB-SD0000024336 J. COLEMAN WEBER 31 1 the question. That isn't what the letter 2 says . 3 THE WITNESS: "Beginning in 1971, the 4 Monsanto Company, the sole U.S. producer". 5 MR. GOUTMAN: I don't think that let ter 6 says that s tarting in 19 71 Monsanto was the 7 sole U.S. producer. 11 says , 11 Monsanto 8 Company, the sole U.S. produc er" . 11 wasn't 9 the sole U.S. produc er s tarting in 1971. 10 MR . ZIEGLER: Right. I didn't ac tually 11 mean to make that suggestion. 12 THE WITNESS: In 1971, that refers to 13 the voluntary reduc tion. 14 MR. ZIEGLER: Right. 15 BY MR. ZIEGLER: 16 Q. What do you recal1 about Monsanto's reduc tion 17 of its volume of PCB produc tion? 18 A. No thing. 19 Q. Do you recal1 whether it s topped making 2 0 certain typ e s of PCB s in 1971? 21 A. I don't remember. 22 Q. Can you tell me whe the r Monsanto res trie ted 2 3 the uses of, the sales, of PCBs to certain cus tomers 24 in 1971? JURIST-BEGLEY REPORTING SERVICES WATER PCB-SD0000024337 J. COLEMAN WEBER 32 1 A. I was not involved with PCBs in 1971. 2 Q. Do you know why it is, if you weren't involved 3 with PCBs in 1971, how you would come to have this 4 particular inf orma tion regarding Monsanto's reduc tion 5 of PCB sales in 1971? 6 A. I would assume that I received this f rom other 7 sources within Monsanto. 8 Q. Do you recall si11ing here today whe ther 9 Mons an t o was working, in 19 7 6 , on any alternatives to 10 PCBs ? 11 MR. GOUTMAN: Dielectric fluid? 12 Electrical applications? 13 MR. ZIEGLER: For electrical 14 applications. 15 THE WITNESS: Yes, we were involved in 16 t rying to find a capacitor fluid. 17 BY MR. ZIEGLER: 18 Q. Do you know if that a t temp t was success ful? 19 MR. GOUTMAN: Objection. What do you 2 0 mean by "successful"? Do you mean an exact 2 1 dup1ic a t e ? Obj ection. 11 is vague. 22 THE WITNESS: Was it commercial, do you 2 3 mean? 24 BY MR. ZIEGLER: JURIST-BEGLEY REPORTING SERVICES WATER PCB-SD0000024338 J. COLEMAN WEBER 33 1 Q Yes . 2 A . No . 3 Q Do you remember why? 4 A . No . 5 Q Do you remember whether any competitors to 6 Monsanto were attempting to deve1 op an 7 alternative to PCBs ? 8 A. Yes . 9 Q Do you remember who those were? 10 A . The only one that I recall is Dow. 11 Q Do you remember if Exxon was deve1 oping an 12 alternative fluid? 13 A . No . 14 Q. Do you remember, as of 1976, how long Monsanto 15 had been working on an alt e rna tiv e fluid? 16 A . No . 17 MR . ZIEGLER: This will be Weber 18 Exhibit 5. (Indicating). 19 (The above-referred to document was 2 0 marked as Weber Exhibit 5 for 2 1 identification) 2 2 BY MR. ZIEGLER: 2 3 Q Please take a look a t Weber Exhibit Number 5. 2 4 A . Okay . JURIST-BEGLEY REPORTING SERVICES WATER PCB-SD0000024339 J . COLEMAN WEBER 34 1 All right. 2 Q . This was, Exhibit 5, is a letter that was 3 writ ten by you to the EPA on March 15, 19 7 6 ; 4 correct? 5 A. Yes. 6 Q. And the letter was wri11en about Monsanto' s 7 cone ern over the validity of the 8 perchlorination techniques used to me a su r e 9 PCBs; correc t ? 10 A. Yes. 11 Q . Do you recal1 what perchlorination techniques 12 are? 13 A . No . 14 Q. Do you know whe ther, a t the time you we r e 15 writing this letter, you knew wha t those 16 techniques were? 17 A. Yes. 18 Q. Did you? 19 A. Did I what ? 2 0 Q . Did you know what they we re? 2 1 A. At the time I wrote the letter? 2 2 Q Yes . 23 A. I was f amiliar with them, yes. 24 Q. Today, a s you sit here, you are not. JURIST-BEGLEY REPORTING SERVICES WATER PCB-SD0000024340 J . COLEMAN WEBER 35 1 A . No . 2 Q. Do you recall in this letter tha t you were 3 expressing a c one ern to the EPA tha t 4 perchlorination techniques might tend to 5 confirm higher levels of PCBs than actually 6 existed ? 7 MR. GOUTMAN: The letter speaks for 8 itself. 9 THE WITNESS: The only thing that I 10 recall is what I just read in this letter. 11 Other than that I have no recollection. 12 BY MR. ZIEGLER: 13 Q. Can you tell me - - we wi11 move on to the next 14 one . 15 This will be Weber Exhibit 6. 16 (Indicating). 17 (The above-referred to doc umen t was 18 marked a s Weber Exhibit 6 for identification) 19 BY MR. ZIEGLER: 20 Q. Please take a look a t Weber Exhibit 6. 21 A. All right. 2 2 Q. Could you identify Exhibit Number 6 for me, 23 please. 24 A. 11 states that this is a memo from Papageorge JURIST-BEGLEY REPORTING SERVICES WATER PCB-SD0000024341 J. COLEMAN WEBER 36 1 to me a 11 aching a report from Mobil Res earch in 2 response to a phone call relating to their 3 epidemiological study. 4 Q. Do you remember whoW.B. Papageorge is? 5 A. Yes. 6 Q. Who is he ? 7 A. He was my associateand manager ofa division 8 produc t s acceptability group. 9 Q. When was the last time you talked with 10 Mr. Papageorge, to your best recollection? 11 MR. GOUTMAN: About anything? 12 MR. ZIEGLER: Yes. 13 THE WITNESS: 1985. 14 BY MR. ZIEGLER: 15 Q . Do you have any independent recollec tion of - - 16 let me ask you this: What was your interest in this 17 epidemiological s tudy? 1 8 A. I don't recal1. 19 Q. Do you have any independent recollect ion, as 2 0 we sit here today, that Mobi1 was conduc ting an 2 1 epidemiological s tudy? 2 2 A. No, I do not. 2 3 Q. Does this document c ome to you a s a complete 24 surpris e ? JURIST-BEGLEY REPORTING SERVICES WATER PCB-SD0000024342 J. COLEMAN WEBER 37 1 A. Strange. 2 Q You have no way o f c onfirming or deny i ng that 3 you received it as it indi c a tes on th is docum en t ? 4 A . No, other than the X er ox copy you pres en t ed . 5 MR . ZIEGLER: This will be Webe r 6 Exhibit 7. (Indicating) 7 (The above-referred to document was 8 marked as Weber Exhibit 7 for identification) 9 BY MR. ZIEGLER: 10 Q. That's Weber Exhibit Number 7. Do you ever 11 recal1 receiving that document? 12 MR. GOUTMAN: Take a second to review 13 the document, Mr. Weber. 14 THE WITNESS: No. 15 BY MR. ZIEGLER: 16 Q. You have no independent recollection of 17 anything that is written in tha t document ? 18 A. I do not. 19 Q. As far as you know, you have no way to c onfirm 2 0 or denying anything that is in that document ? 2 1 A . No . 2 2 MR. ZIEGLER: This will be Weber 2 3 Exhibit 8. (Indie a ting) . 24 (The above-referred to document was JURIST-BEGLEY REPORTING SERVICES WATER PCB-SD0000024343 J. COLEMAN WEBER 38 1 marked as Weber Exhibit 8 for identification) 2 BY MR. ZIEGLER: 3 Q . Mr. Weber. 4 A . Al1 right. 5 Q. Exhibit number 8 is a document or a memorandum 6 from Peter Berteau, B E R T E A U, to J.C. Weber 7 dated April 17, 1978. 8 Do you recal1 why you were interested 9 in the effect of PCBs on the reproduc tive performance 10 of rhesus monkeys ? 11 MR. GOUTMAN: Obj ec tion. No foundation 12 a s to what this witness's interes ts were or 13 were not. 14 You can answer it if you can. 15 THE WITNESS: I don't remember on this 16 exactly what we did in this s tudy. 17 BY MR. ZIEGLER: 18 Q. Before you saw that document did you have any 19 recollection that Monsanto was s tudying the effect of 2 0 PCBs on reproductive ef forts ? 2 1 A . In - - 22 Q. In rhesusmonkeys. 2 3 A . No . 24 Q. And youdon't know why Mr. Berteau sent you JURIST-BEGLEY REPORTING SERVICES WATER PCB-SD0000024344 J. COLEMAN WEBER 39 1 this memorandum? 2 A. Yes, because I was responsib1e for authorizing 3 the money to be spent on toxicology s tudies. 4 Q. When you started working with PCBs in 1975 5 was that also your responsibility, to au thoriz e 6 expenditure s for toxicological s tudie s ? 7 A. For the division, to get approval from my 8 general manager, yes. 9 Q. Do you remember what toxicology s tudies were 10 going on at the time - - 11 MR. GOUTMAN: Regarding PCBs ? 12 MR. ZIEGLER: Regarding PCBs, yes, in 13 1975 . 14 THE WITNESS: No. 15 BY MR. ZIEGLER: 16 Q. Do you know how many s tudies regarding PCBs 17 you au thorized expenditures for? 18 A , No . 19 Q. Basically your memory is pretty fuzzy as to 20 toxicological s tudie s; is that correct? 21 MR. GOUTMAN: Obj ec tion to the form of 2 2 the question. 23 THE WITNESS: PCBs, when I was involved 24 with them, was just part of the j ob that I had, JURIST-BEGLEY REPORTING SERVICES WATER PCB-SD0000024345 J. COLEMAN WEBER 40 1 so that my memory - - we had so much going on 2 that I don't recal1 specific details. 3 BY MR. ZIEGLER: 4 Q . Do you recall when you first 1earned of 5 possible PCB contamination to the environment? 6 A. When I first? 7 Q . Yes. 8 A. No, I don't remember any exact date. 9 Q. Do you remember if it was before or after you 10 s tarted working with PCBs in the c ompany? 11 A . No . 12 Q. Do you know when Monsanto first notified any 13 of its cus tomers regarding PCBs and their persis tenc e 14 in the environment ? 15 A. No, I don't r ememb e r. 16 Q. Were you involved in any tests of Aroclors for 17 biodegradability? 18 A. If we ran tests in that time f r ame I wou1d 19 have been, yes. I don't recall what we ran. 20 Q. You have nospecific recollection? 21 A . No . 22 Q. Do yourecall thede signat ion MCS 1016 sit ting 23 here today? 24 A. Yes. JURIST-BEGLEY REPORTING SERVICES WATER PCB-SD0000024346 J. COLEMAN WEBER 41 1 Q. What was MCS 1016? 2 A. It was an Aroclor for capacitors. 3 Q. It was an Aroclor. 4 A. Yes. 5 Q. Do you recall how long Monsanto - - did 6 Mons an to marke t MCS 10 16? 7 A. Yes. 8 Q. Do you know for how long they did? 9 A . No . 10 Q. Do you know when they ceased p roduc tion of MCS 11 1016? 12 A. When we phased out. 13 Q. Do you recal1 that MCS 1016 was a t least ten 14 time s better than Aroclor 12 4 2 and 7 5 times better 15 than Aroc1or 12 5 4 from an environmen t a1 viewpoin t ? 16 A . No . 17 Q. Do you ever recall hearing any allegations 18 like that within the company? 19 A. Al1ega tions ? 2 0 Q. S ta temen t s bypeople within the c ompany that, 2 1 from an environmental viewpoint, MCS 1016 was better 22 than Aroc1or 1242 and Aroclor 1254? 23 A. No, I don't recall. 24 Q. Do you recal1 ever saying that MCS 1016 was JURIST-BEGLEY REPORTING SERVICES WATER PCB-SD0000024347 J . COLEMAN WEBER 42 1 environmentally compa tib1e ? 2 MR. GOUTMAN: Who saying? 3 MR. ZIEGLER: Anyone within the 4 company. 5 THE WITNESS: I don't recall s aying 6 that. 7 BY MR. ZIEGLER: 8 Q. Do you eve r recall anybody else s aying that 9 within the company? 10 A. No, no t anymore. 11 Q. Do you recal1 ever hearing the name muti1ated 12 monochlorodiphenyl oxide ? Does it ring a bell to 13 you? 14 A . No . 15 Q. Do you recall whe ther it was ever considered 16 a s a subs titute for PCBs ? 17 A . No . 18 Q. Do you reca11 everhearing about any PCB 19 alternatives that were being manufac tured in the Far 20 East? 21 A. 22 No, Icouldn't identify those. MR. ZIEGLER: I don ' t have anymore 2 3 questions. I thank you for your time. 24 THE WITNES S: You are mo s t we 1c ome. JURIST-BEGLEY REPORTING SERVICES WATER PCB-SD0000024348 J . COLEMAN WEBER 43 1 2 BY MR . NICHOLS: 3 Q. Mr . Weber , you have you been depo s ed prior to 4 today? 5 A . Yes . 6 Q. How many times? 7 A. I don't recall 8 Q Do you know the names o f the cases that you 9 were deposed in ? 10 A . No . 11 Q When was the last time you wer e depos ed? 12 A . Several years ago . I don 't recall exactly the 13 year . 14 Q Have you ever heard o f a company called 15 ChemRex? 16 A . 17 Q I'm s o rry Have you ever heard o f a c omp any called 18 ChemRex ? 19 A . No . 20 Q. Have you eve r heard o f a c omp any called 21 Sonneborn? 2 2 A . No . 2 3 Q Have you ever dealt with those c ompanie s tha t 24 you can recall? JURIST - BEGLEY REPORTING SERVICES WATER PCB-SD0000024349 J . COLEMAN WEBER 44 1 A. Not to my knowledge. 2 Q. Do you know anything about the claims that are 3 being made agains t ChemRex in this lawsuit ? 4 A . No . 5 MR. GOUTMAN: Obj ection. 6 Go ahead 7 THE WITNESS: No. 8 BY MR. NICHOLS: 9 Q. In your emp1oyment for Monsanto, were you 10 involved with research regarding migration of PCBs? 11 A. Was I involved in the research? 12 Q. Yes. 13 A. No, I was not in res earch. 14 Q. Do you know if any res earch was done by 15 Monsanto regarding migration of PCBs ? 16 A. I have to look it up. I don' t recall . 17 Q. Well, who would have been the person in charge 18 at Monsanto? 19 A. In our research? 20 Q Yes. 2 1 MR. GOUTMAN: When? 22 THE WITNESS: Which research group ? 2 3 BY MR. NICHOLS: 24 Q. Let's start in 1970. JURIST-BEGLEY REPORTING SERVICES WATER PCB-SD0000024350 J. COLEMAN WEBER 45 1 A. I wasn't involved in 1970 in PCBs. 2 Q. Well - 3 A. A t the time I was invo1ved the Director of 4 Re search for the special chemical group was Bill 5 Hammond. 6 Q. Was who ? 7 A. Bill Hammond. 8 Q. And how long was he the head of the special 9 chemical group ? 10 A. As long as the division existed. 11 Q. How long was that ? 12 A. I don' t recall . 13 Q. And do you have an e s tima te as to how long it 14 exis ted? 15 A. Whenever Monsanto r e o rganized again. 16 Q. Would Mr. Hammond knowwhether any research 17 was conduc ted at Monsanto regarding the migra tion of 18 PCBs ? 19 MR. GOUTMAN: Objection. 2 0 THE WITNESS: Would Dr. Hammond know? 2 1 BY MR. NICHOLS: 22 Q. Yes . 2 3 A. I have no idea what it recalls . 24 MR. NICHOLS: That's all I have. JURIST-BEGLEY REPORTING SERVICES WATER PCB-SD0000024351 J. COLEMAN WEBER 46 1 MR. MANNINO: I have just a couple. 2 3 BY MR. MANNINO: 4 Q. Mr. Weber, my name is Tony Mannino . I 5 rep re s ent Philips Electronics and Advanc e Trans former 6 in this case. 7 There's some reference in the documents 8 to a fluid called MCS 123 8. Are you f amiliar with 9 that a t all? 10 A. I recall the numb e r, but not specifics . 11 Q. Do you have any idea of what the purpose of 12 that fluid was ? 13 A . No . 14 Q. Do you know if acc eptable alternatives to 15 Aroclors we r e ever deve1oped for c apacit o r use? 16 A. Yes. 17 Q. Do you know wha t the name s of any of those 1 8 we r e ? 19 A. I do not recall the trade names for them. 2 0 Q. Do you recall what time you first bee ame aware 2 1 of any accept ab1e alternative being deve1op e d and 2 2 marketed? 2 3 A. No, other than what' s writ ten down. 24 MR. MANNINO: That's all I have. JURIST-BEGLEY REPORTING SERVICES WATER PCB-SD0000024352 J . COLEMAN WEBER 47 1 2 BY MR. ZIEGLER: 3 Q . I have would be more . 4 MR. GOUTMAN: Does Mr. Dugan have any 5 questions ? 6 MR. DUGAN: I have no questions. 7 MR. ZIEGLER: I just have a quick 8 question. 9 BY MR. ZIEGLER: 10 Q. This probably is an inappropriate time to ask 11 this ques tion, but I generally ask it, are you 12 receiving some sort of pension from Monsanto 13 currently? 14 A. Yes. Absolutely. 15 Q. That's part of your retirement. 16 A. Yes. Indeed. 17 Q. Do you have any other sources of income other 18 than your pens ion from Monsanto? 19 A. Yes. 2 0 MR. ZIEGLER: I have nothing further. 2 1 MR. GOUTMAN: No ques tions . 2 2 (Witness excused. ) 23 (Deposition concluded a t 11:25 a.m. ) 24 JURIST-BEGLEY REPORTING SERVICES WATER PCB-SD0000024353 J . COLEMAN WEBER 48 1 2 CERTIFICATE 3 I, JOHN W. BEGLEY, a Registered 4 Prof essional Reporter and Notary of the State of 5 Pennsylvania, do hereby certify that I reported the 6 deposition of J. Coleman Weber in the foregoing 7 ma tter; that the foregoing is a t rue and correc t 8 trans c rip t of the stenographic not e s of testimony 9 taken by me. 10 I FURTHER CERTIFY that I am not an 11 attorney or counsel of any of the parties; nor a 12 relative or employee to any attorney or counse1 13 connec ted with the ac tion, nor am I in any way 14 intere s ted in the result of said case. 15 16 17 18 DATE : 19 *N0TE: The certification appended hereto does not 2 0 apply to any reproduc tion of same unies s under the 21 direc t control and/or supervision of the certifying 22 court reporter 23 24 JURIST-BEGLEY REPORTING SERVICES WATER PCB-SD0000024354 J . COLEMAN WEBER 49 1 INSTRUCTIONS TO THE WITNESS 2 Read your deposition over carefully. It is 3 your right to read your deposition and make any 4 changes in form or subs tance. You should assign a 5 reason in the appropriate column on the errata 6 sheet for any change made. 7 After making any change in form or 8 subs tanc e which has been noted on the foil owing 9 errata sheet along with the reason for any 10 change, sign your name on the errata sheet and 11 date it. 12 Then sign your deposition at the end of 13 your tes timony in the space provided. You are 14 signing it subj ec t to the changes you have made in 15 the errata sheet, which will be attached to the 16 deposition before fi1ing. You mus t sign it in 17 front of a witness. Have the witness sign in the 18 space provided. The witness need not be a notary 19 publie. Any competent adult may witness your 2 0 signa tur e. 21 Return the original errata sheet & transcrip t 22 to the deposing at torney, (at torney asking qu e s tions) 23 p romp tly! Court rules require fi1ing within 3 0 days 24 after you receive the deposition. Thank you. Jurist Reporting S e rvice WATER PCB-SD0000024355 J. COLEMAN WEBER 1 2 PAGE LINE # 3 / b 2-0 4 l6 _ X 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 ERRATA SHEET CHANGE 76 y REASON THEREFOR Jurist-Begley Reporting Services 50 WATER PCB-SD0000024356 J . COLEMAN WEBER 1 SIGNATURE PAGE 2 OF 3 J . COLEMAN WEBER 4 5 6 7 I hereby acknowledge that I have 8 read the aforegoing deposition and that the same is 9 a true and correct transcription of the answers 10 given by me to the que s tions propounded, except for 11 the changes, if any, noted on the at tached errata 12 sheet. 13 14 15 16 17 SIGNATURE 18 19 20 WITNESSED BY: 21 .1 22 23 DATE 24 Jurist-Begley Reporting S e rvic e s WATER PCB-SD0000024357