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4/21/1998 Brown, Jerry; Mars Hill STATE OF ALABAMA IN THE CIRCUIT COURT OF CALHOUN COUNTY MARS HILL MISSIONARY , BAPTIST CHURCH, et al.. versus Plaintiffs, CIVIL ACTION NUMBER MONSANTO COMPANY, et al,. CV-96-2 4 3 Defendants. / DEPOSITION OF JERRY BROWN The deposition of JERRY BROWN, was taken before Deborah Saiers Garrett, Certified Shorthand Reporter, Registered Professional Reporter, as Commissioner, commencing at 9:1S a.m. on ApriL 21, 1998, by the Plaintiffs, at the law offices of Merrill, Porch, Dillon & Fite, Suite 500, 1000 Quintard Avenue, Anniston, Alabama, pursuant to the stipulations set forth herein. Regional Reporting Service, Inc. 755 Walnut Street Gadsden, Alabama 35901-0755 1/31/2004 9:05 AM 4/21/1998 Brown, Jerry; Mars Hill 1 APPEARANCES 2 3 For the Plaintiffs: 5 DONALD W. STEWART, Esq. STEWART & SMITH 6 1131 Leighton Avenue Anniston, Alabama 36201 9 For the Defendants: 10 11 ADAM PECK ES'"*. LIGHTFOOT, FRANKLIN fi, WHITE 12 300 Financial Center 505 North 20th Street 13 Birmingham, Alabama 35203 14 15 MICHAEL E. KELLY, Esq. 16 SMITH, HELMS, MULLISS & MOORE 17 Greensboro, North Carolina 27420 8/31/2004 9:05 AM 4/21/1998 Brown, Jerry; Mars Hill 1 INDEX 2 Page 3 Stipulations 4 Reporter's Certificate 4 275 5 6 E X AMINATI0NS 7 Witness: JERRY BROWN Page 8 By Mr. Stewart 5 9 10 11 EXHIBITS 12 Plaintiffs' Marked Offered 13 One 160 14 Two 161 15 Three 190 16 Four ' 200 17 Five 246 18 Six 257 19 20 No other exhibits were marked for 21 identification. offered or attached as exhibits hereto 22 23 2 8/31/2004 9:05 AM 4/21/1998 Brown, Jerry; Mars Hill 1 STIPULATIONS 2 IT IS STIPULATED AND AGREED by the 3 parties, through their respective counsel, 4 that the deposition of JERRY BROWN, may be 5 taken before Deborah Saiers Garrett, CSR, RPR, 6 as Commissioner and Notary Public, Alabama at 7 Large, at Anniston, Alabama, on April 21, 8 1998, at 9:15 a.m. 9 IT IS STIPULATED AND AGREED that the .10 signature to and reading of the deposition by 11 the witness is waived, the deposition to have 12 the same force and effect as if full 13 compliance were had with all laws and rules of 14 Court relating to the taking of depositions. 15 IT IS STIPULATED AND AGREED that it 16 shall not be necessary for any objections to 17 be made by counsel to any questions except as 18 to form or leading questions and that counsel 19 may make objections and assign grounds at the 20 time of trial or at the time said deposition 21 is offered in evidence or prior thereto. 22 IT IS STIPULATED AND AGREED that notice 23 of filing by the Commissioner is waived. 4 3 8/31/2004 9:05 AM 5 ADAD21-003610 HARTOLDMONOQ33566 4/21/1998 Brown, Jerry; Mars Hill 1 STATE OF ALABAMA, ANNISTON, APRIL 21, 1998 2 3 JERRY BROWN, after having been first duly sworn, was examined and testified as follows: EXAMINATION BY MR. STEWART: 9 Q. Mr. Brown, I'm Donald Stewart, and I'm 10 one of the attorneys that represents the n plaintiffs in this case in the claim 12 against Monsanto. I'm going to ask you 13 some questions. And if you don't 14 understand my question or have some 15 difficulty, you have a right to ask me 16 to repeat it. And you certainly have a 17 right to ask -- to have some time to 18 talk to your counsel. That is perfectly 19 okay. 20 I'll try to make the questions as 21 simple as I can so you do understand 22 them. Let me also say to you that I 23 sometimes ask more than one question. ^31/2004 9:05 AM 4/21/1998 Brown, Jerry; Mars Hill 1 If you want me to separate the two 2 questions, I'll be glad to. If you 3 understand it, of course, go ahead and 4 answer it. 5 From time to time there will be 6 people that object. Adam might object 7 to something. 8 MR. STEWART: We have the usual 9 stipulations, Adam? 10 MR. PECK: Yes. 11 Q. In the event he does that, it doesn't 12 mean you don't have to answer. You need 13 to consult with him about it if he tells 14 you not to. But if he doesn't tell you 15 not to, go ahead and answer the 16 question. 17 The other thing I will say to 18 you -- To save some trouble with Debby, 19 if you will, wait until after I get 20 through with my question to answer it, 21 and I'll try to wait until you get | through with your answer before I say 23 anything. 8/31/2004 9:05 AM 4/21/1998 Brown, Jerry; Mars Hill 1 2 3 A. 4 Q. 5 A. 6 Q7 8 9 A. 10 Q. 11 A. 12 Q13 14 A. 15 Q. 16 17 A. 18 19 Q. 20 21 22 A. 23 Have you ever given a deposition before? Yes, I have. In what instances, for Monsanto? Both Monsanto and otherwise. Okay. For Monsanto in connection with a toxic tort case, is that where you gave the deposition? Yes. When was that? The last time was about two years ago. Okay. Can you tell me the names of the parties involved in that case? I don't remember. Do you remember where the suit was filed? In -- All I remember is I went to Birmingham. You went to Birmingham. Was the suit filed by some individual here in Calhoun County? No, sir. MR. PECK: It was one of the lake 8/31/2004 9:05 AM 4/21/1998 Brown, Jerry; Mars Hill 1 2 Q3 4 A. 5 Q6 7 8 9 A. 10 11 12 Q. 13 14 A. 15 Q. 16 A. 17 18 Q. 19 A. 20 Q. 21 22 A. 23 cases, lake cases. And you gave a deposition in that case in connection with PCB contamination? Yes. Okay. And any other case that you might have testified in? You have indicated apparently by your answer that there were others. I guess the next one prior to that would have perhaps been five years to seven years ago in Texas. And what was the nature of that case, a PCB case? No. What was -- It had to do with empty parathion drums on property. Empty parathion drums? That's correct. And Monsanto was a defendant in the case? Yes. It was a matter -- a case where there were numerous empty drums left on 7 8/31/2004 9:05 AM 9 ADAD21-003611 HARTOLDMON0033567 4/21/1998 Brown, Jerry; Mars Hill 1 this piece of property, and everybody 2 whose name was on a label was -- 3 Q- Was sued? jf A. Was basically -- But after this deposition, we were dropped from the 6 case at that point. 7 Q. Do you know why you were dropped from 8 the case? 9 A. No. 10 Q. But you gave a deposition in that case? 11 A. Yes, I did. 12 Q. Where did you go to give that 13 deposition? 14 A. In Houston. 15 G- And do you know the name of the 16 plaintiff in that case? 17 A. No, I don't. 18 Q. Do you know the lawyer that was involved 19 on the other side? 20 A. No, I don't. 21 Q- Do you know the firm? 22 A. No. 23 Q. Okay. But that -- 4/21/1998 Brown, Jerry; Mars Hill i A. 2 Q3 4 5 A. 6 Q7 A. 8 0. 9 A. 10 Q. 11 12 13 14 15 A. 16 Q17 A. 18 Q19 A. 20 G. 21 A. 22 Q23 A. No. Have you testified in more than one deposition in connection with PCB cases that grew out of the lake or just one? Just one. Where do you Live, Mr. Brown? I live just outside of Heflin. What's your address? 10064 Highway 46, Heflin, 36264. And can you give me some idea of the kinds of organizations that you belong to, social, religious, those type of things? What church affiliation do you have? I belong to Pine Grove Baptist Church. Where is that located? It is in the Bells Mill Community. In Cleburne County? In Cleburne County. Who is your pastor there? T. J. Morgan. Is that a Southern Baptist church? Yes, it is. 1/2004 9:05 AM 4/21/1998 Brown, Jeny; Mars Hill A. That's been, you know, as I say probably at least seven years ago, and I simply don't remember. Q. Any other case -- First, before we go any further, I didn't get this. Could you state your full name for the record? And I'll ask you some identifying questions. A. Jerry Lex, L-e-x, Brown. Q. And you are an employee, of course, of Monsanto? A. Today Solatia. Q. But at the time this lawsuit began it was Monsanto, was it not? A. That's correct. Q. And how long have you worked for them? A. Thirty and a half years. Q. You began to work there when, now? A. 1967, August. Q. Okay. I'll go back to that in a few minutes. Let me get the rest of these cases. Any other case that you have testified in other than the lake case? 10 8/31/2004 9:05 AM 4/21/1998 Brown, Jerry; Mars Hill 1 Q. 2 3 4 A. 5 Q. 6 A. 7 Q. 8 9 10 A. 11 12 13 14 Q. 15 16 A. 17 Q. 18 19 20 A. 21 Q. 22 23 A. Is that where you have gone to church most of your adult life or all your life? Yes, it is. Which one, adult life or all your life? All. All your life. What kind of civic organizations do you belong to, Mr. Brown? Well, I've typically been active in the Chamber of Commerce both in Calhoun and Cleburne County, school organizations, booster clubs. Tell me what booster club you belong to. Is that, in Cleburne County or here? Heflin. Do you belong to any kind of booster organization or affiliate with any school here in CdihQUn COURty? No. What other civic groups do you belong to? 12 8/31/2004 9:05 AM 11 8/31/2004 9:05 AM 13 ADAD21-003612 HARTOLDMON0033568 4/21/1998 Brown, Jerry; Mars Hill 1 about It. 2 0. Do you belong to any fork and knife club 3 here like Lions or Rotary or anything like that here in Anniston? 5 A. No. 6 Q. Have you participated in any civic 1 organization here in Anniston other than the Chamber of Commerce? 9 A. Not as a member, no. 10 Q, How otherwise? 11 A. I've gone as guests to Rotary a number 12 of times. 13 Q. When is your most recent appearance that 14 you made at Rotary? Did you make a 15 speaking -- was that a speaking 16 engagement? 17 A. I have. 18 Q. To Rotary here in Anniston? 19 A. But that has been probably ten years ago 20 for that. 21 Q. What did you speak of at that time, 22 Mr. Brown? 23 A. The -- really the current status of the 4/21/1998 Brown, Jerry; Mars Hill 6 9 10 11 12 13 14 15 Q. 1 6 A. 17 18 19 20 21 22 23 make it. And initially the thought was to relocate the rest of the plant to other places because historically it is not a wise decision to run a real -small plant, which it would have been for the remaining parts of the operation. What were you producing in. the remaining parts of the operation? Well, the two primary product lines are Therzninol heat transfer products and para-nitrophenol, which was raw material for acetaminophen, which is a non-aspirin pain reliever. Anything else? That encompasses -- I mean, within Therminol# there are some individual members, but that encompasses it. Tell me about Therminol. What kind of product is that, Mr. Brown? Well, basically that is a trade name that applies to a family of products that are used for heating or cooling. U31/2004 9:05 AM 4/21/1998 Brown, Jerry; Mars Hilt 1 operations in Anniston. 2 Q. Current status of the Monsanto plant? 3 A. Yes. 4 Q. Just -- were you just talking about what 5 y'all were producing at that time and - 6 A. No. During that era, the corporate 7 decision had been made to either close or sell this facility, and we were 9 working on alternative possibilities to 10 try to save a portion of it as a 11 Monsanto plant. 12 Q. Tell me if you would what caused 13 Monsanto to think about closing this 14 particular -- Was it unprofitable, or 15 were you having some problems with it or 16 what? 17 A. About two-thirds of the plant was 18 dedicated to the production of the 19 intermediates of parathion. And 20 parathion -- that was an old generation pesticide that was basically being phased out, and it was no longer commercially feasible to continue to 14 8/31/2004 9:05 AM 4/21/1998 Brown, Jerry; Mars Hill 1 whatever the case may be, in ranges that 2 are outside water and steam or glycol. 3 I mean, von are familiar with the 4 use of glycol in your car radiator. 5 That removes heat from your engine at a 6 certain temperature. 7 There are many applications that require extremely high temperatures for 9 the transfer of heat to a process. As 10 an example, spinning of synthetic fibers 11 or solar energy collection. 12 So we make a line of products that 13 are used on the very high temperature 14 ranges, raging primarily from five 15 hundred to seven hundred fifty degrees. 16 Then we have a line of products that we 17 have in our business that are not made 18 at this plant but elsewhere that are 19 used in the real low temperature ranges, 20 the minus twenty to minus sixty degree 21 range. 22 Q. Were those heat transfer agents? Is 23 that what you call them, or am I 16 8/31/2004 9:05 AM 15 6/31/2004 9:05 AM 17 ADAD21-003613 HARTOLDMON0033569 4/21/1998 Brown, Jerry; Mars Hill 1 misstating it? 2 A. Heat transfer fluids. 3 Q- Heat transfer fluids is what the ) Therminols are? A. Yes. It is designed to either remove 6 heat from someplace or add heat. 7 Q. You make that with the biphenyl process? 8 Is that what you do? 9 A. Well, it is more technical to say the 10 polyphenyl. 11 0- Now, what did y'all finally decide about 12 this parathion? What did y'all 13 substitute for it? 14 A. We didn't substitute anything. 15 Q- Well, what did you do to keep the plant 16 here? 17 A. Oh, we basically totally reorganized as 18 a very small plant and reduced the 19 staffing of the plant to fit the needs 20 of a very small plant. And I say very 21 small. I'm talking a plant of about a 22 hundred as opposed to a plant of three 23 hundred fifty. |B/31/2004 9:05 AM 4/21/1998 Brown, Jerry; Mars Hill 1 Q. So a plant of a hundred employees as 2 opposed to a plant of three hundred 3 fifty employees? 4 A. Right. 5 Q. Scaled down your operation here, then? 6 A. And all the other facilities were 7 dismantled and moved. 6 Q. When you say other facilities -9 A. The facilities were no longer operating 10 associated with parathion and the 11 intermediates. 12 Q. So you removed those production 13 facilities? 14 A. Yes. So basically two-thirds of the 15 plant was torn down. 16 Q. What happened to those production 17 facilities as you removed them, 18 Mr. Brown? 19 A. A lot of the equipment was cleaned and 20 sold as used equipment. Some was moved 21 to other plants within Monsanto. Stuff of no value -- Well, it was basically -- 23 a lot of the scrap metal was melted down 4/21/1998 Brown, Jerry; Mars Hill 1 and recycled as scrap metal. Then the 2 remaining debris kinds of stuff was 3 placed in what we call cell 5-E of the 4 RCRA landfill. 5 n. Mqwwhere is that located, on the south 6 side of 202? 7 A. Yes. 8 Q. And about what time did that occur? 9 When did that take place? 10 A. '88, *89. 11 Q. And who was responsible for the -- 12 basically the disposal -- demolition of 13 that and the disposal of waste in cell 14 5-E? 15 A. Well, basically we had the -- a group of 16 people who were working on 17 dismantlement. 18 Q. Who is that? 19 A. And let's see. I believe George Watson 20 was in charge of the overall 21 dismantlement program. And I'm trying 22 to remember -- 23 Q. Were you a part of the group, Mr. Brown? 8/31/2004 9:05 AM 1 A. 2 Q. 3 A. 4 5 Q. 6 A. 7 O. 8 9 A. 10 Q. 11 A. 12 Q. 13 14 A. 15 16 Q. 17 A. 18 19 O. 20 A. 21 Q. 22 23 4/21/1998 Brown, Jerry; Mars I Yes, yes, X was. What was Mr. Watson's position? Well, it was a special position that was in charge of -- Dismantling the parathion facilities? Of taking down the operations, yes. But what was his position at the plant at that time? That was it. That is what -- Yes. Was he an employee who had been previously working there? Yes. And his previous job was no longer in existence as part of the downsizing. What had he done previously? Previously he was operations superintendent. Okay. So he was moved - Maintenance superintendent. So he was moved from operations superintendent and maintenance superintendent to the person who was in 8/31/2004 9:05 AM 19 8/31/2004 9:05 AM 21 ADAD21-003614 HARTOLDMON0033570 4/21/1998 Brown, Jerry; Mars Hill 1 charge of dismantling this parathion 2 production facility? 3 A. That's correct. I5 Q- And you worked with it. Who else worked 5 with it? 6 A. 7 8 9 Q. 10 A. 11 12 13 I'm trying to remember when Robert actually came on board. Robert Jones came on board while it was underway. All right. A guy by the name ot Jim Chisolm was somewhat, I'd say, the field guy who was there supervising contractors on a day-by-day basis. 14 Q. 15 A. 16 Q. 17 18 19 A. The actual work that was done? Uh-huh (indicating yes). Where had Mr. Chisolm been before he assumed that position? Was he an employee here too? Yes. 20 0 What had he done before he began to do 21 that work? 22 A. 23 Let's see. Jim was maintenance engineer. 4/21/1998 Brown, Jen 1 A. 2 Q. 3 4 A. 5 0. 6 7 A. 6 Q. 9 10 11 12 13 A. 14 15 16 17 18 19 20 21 22 Q. 23 Gosh, I siamlu can't remembet Okay. Who did Mr. Watson repo directly? The plant manager. And who was the plant manager at ti time? At that time Dave Denner. And was the plant manager ultimately responsible for the operation -- I mean, for this whoLe operation, the person who was held accountable by the folks in St. Louis? Yes. But his -- you know, his more major focus was on reorganization of the ongoing operations. And we were basically going from what at that time was Monsanto Agricultural Products Company to Monsanto Chemical Company. And the dismantlement was actually done as part of the agricultural products funds and that kind of thing. Well, you say Monsanto Agricultural Company, is that what is known as MAC in 8/31/2004 9:05 AM 4/21/1998 Brown, Jerry; Mars Hill 1 Q. At the plant? 2 A. Yes. 3 Q. Had his job been phased out? 4 A. Well, no. He is still an employee at 5 the plant today. 6 Q. He is still working there? 7 A. Yes. 8 Q. And what is his position today? 9 A. He's in the maintenance organization and 10 supervising any contractors and some 11 maintenance activities. 12 Q. What other employees worked with this 13 particular endeavor? 14 A. Bruce Voiles is one that I remember. 15 Q. What was Bruce's position? Is that 16 V-o-y-l-e-s? 17 A. v-o-i-l-e-s. He would have been a 18 foreman type person. 19 Q. Anybody else you can remember? 20 A. Mo. I really can't think of anybody 21 else. `2 Q. What contractor or what company did you 23 get to assist you in doing this work? 22 8/31/2004 9:05 AM 4/21/1998 Brown, Jerry; Mars Hill 1 2 3 A. 4 Q. 5 6 A. 7 Q8 9 A. 10 11 12 13 14 15 16 17 18 19 20 0. 21 22 23 A. some of the literature I see and some of the memos? Right. And MCC would be Monsanto Chemical Company? Right. And that changeover took place sometime in the '80s? Well, the plant was part of a transition. The parathion was an agricultural product. So even though the other products were not, they were called guest operations. So MAC was response or M-AG was responsible for the operation of the plant. With all the ag operations going away, the only thing left was the chemical company, so in May of *87 we transferred to the chemical company. When you say chemical company now, are you talking about a separate company or a-- A separate operating unit. 24 8/31/2004 9:05 AM 23 8/31/2004 9:05 AM 25 ADAD21-003615 HARTOLDMON0033571 4/21/1998 Brown, Jerry; Mars Hill 1 0. Okay. And who did the testing for you? 2 Most of it was done in our facility. 3 Q. And did you handle that? A. I did not directly, but people responsible to me did. Yes. Q. So you were the man responsible for the 7 testing in the parathion removal process? 9 A. Yes. 10 Q. Did y'all make those available to ADEM? 11 A. Yes, we did. 12 Q. Okay. And when you tested did you make 13 a determination at some point in time 14 that there was no longer any parathion 15 contamination in the soil inside the 16 plant itself? 17 A. Yes, we did. 18 Q. When you earlier spoke about cell 5 did 19 I understand you to say it was a closed 20 RCRA faciLity, that it had been closed? 21 A. Today it has. But at that time -- 22 0. It was open and active? 23 A. It was open and active and permitted. 5/31/2004 9:05 AM 4/21/1998 Brown, Jerry; Mars Hill 1 Q. How did you remove -- What process did 2 you use to transport these waste 3 materials up to the site itself? How 4 did you get them up there? 5 A. In dump trucks. 6 Q- Was this just -- 7 A. And I don't mean -- A big box-type dump 8 truck. 9 Q. What type materials were there that you 10 buried in cell 5-E that had to do with 11 parathion? 12 A. Well, if you can visualize taking up an 13 underground sewer. When you take a big 14 track hoe and go in there and dig up all 15 that, you have a mixture of broken pipe 16 and soils. 17 Q. That was the pipe and soil contaminated 18 with parathion? 19 A. And we took out all the soil, the 20 foundations, the concrete, all that kind 21 of stuff. I2 Q. And buried that? z3 A. In 5-E. 8/31/2004 9 05 4/21/1996 Brown, Jerry; Mars Hill O, 2 3 4 A. 5 7 8 Q. 9 10 11 12 13 14 15 16 17 18 19 Q. 20 21 22 23 Q. Did you drum that -stuff up, or did you bury it just in its raw form, just take it and drop it in S-E? Well, you don't drum big chunks of concrete. You basically take it in a dump truck and put it in a cell and entomb it in clay. Okay. Was there any kind of cover over that cell S-E that you -- Oh, sure. Did y'all break the cover and put the stuff in it, or did you just bury this on top of other stuff that was there? Well, when you say cover, now, there is intermediate cover, and then there is final cover. And each time you put a layer in there, you put an intermediate cover on top of it. Was there a liner at the bottom of the pit that you placed this in at any point in time? Yes. There is a liner at the bottom of the 8/31/2004 9:05 AM 4/21/1998 Brown, Jerry; Mars Hill 1 pit? 2 A. Yes. 3 Q. What kind of material is that made out 4 of, Mr. Brown? 5 A. It was -- It was a layer of -- Let me 6 back up. On the very bottom was 7 compacted clay, sloped to a particular 8 point in the cell, then a layer of 9 sandstone, which basically is a porous 10 layer, then on top of that, compacted 11 clay. 12 Q. 13 That's what was at the bottom of cell 5-E? 14 A. Yes. And that was the technology at 15 that point in time. 16 Q. Tell roe -- 17 A. The purpose of the sandstone was to 18 intercept any liquid that may move down 19 and carry it to a particular spot. 20 Q. 21 Tell me, Mr. Brown, who told you that that was the process that you used at 22 the time? 23 A. Who told me that -- 32 8/31/2004 3:05 AM ADAD21-003616 HARTOLDMON0033572 4/21/1998 Brown, Jerry; Mars Hill 1 0- I mean, is that something that you know 2 of your own knowledge? 3 A. I saw it. 0- And your training and experience at that -- 6 A. That I described to you? 7 Q. Yes. 8 A. I watched that under construction. 9 Q. You just indicated that was the known 10 technology at that time. You indicated 11 that perhaps something else has come 12 along since that time, who told you 13 that was the technology that was 14 available at the time? 15 A. Oh, gosh, our consultants on issues like 16 this was a firm called Garrity and 17 Miller. 18 Q. They are the ones who told you? 19 A. Yes. 20 0- Who made the determination that that is 21 the kind of lining that you were going 22 to put at the bottom of the pit? 23 A. Well, the group of engineers who 4/21/1998 Brown. Jerry; Mars Hill 1 you had to do away with that you might 2 have buried in that -- 3 A. You mean off-spec product? 4 Q. Yeah. 5 A. Absolutely not. 6 Q. Where would you put that? 7 A. We had a biological waste treatment 8 plant where any liquids or organic kinds 9 of waste were biologically degraded. 10 Q- So that is what you did with the off -- 11 spec, as you call it -- 12 A. Yes. 13 0. -- the parathion you might make that 14 didn't meet specifications? 15 A. That was a very rare situation. But 16 when an occurrence did occur, if there 17 was, let's say, a spill of something 18 that had to be cleaned up and disposed 19 of, yes, that is where it went, to the 20 biological waste treatment. 21 Q- And you did that in order to detoxify it 22 or take out the contaminant basically? 23 A. Well, a biological waste treatment *8/31/2004 9:05 AM 4/21/1998 Brown, Jerry; Mars Hill 1 designed the cell and submitted the 2 design to EPA and to ADEM as part of the 3 -- for approval as part of the approval 4 process. 5 0. When in relation to when you put the 6 parathion -- 7 A. That permitting process was done, if I remember correctly, in the '85, *86 kind 9 of era. 10 Q. What else was buried in this cell 5 11 besides parathion? 12 A. Nothing. 13 Q. Was there a residue of parathion waste 14 that had been part of the manufacturing 15 process that was also buried there? 16 A. Well, in that ceil, you know, such 17 things as contaminated gloves, debris, IS general waste that you would not put in 19 a non-regulated kind of cell. It may 20 have been some -- a piece of spin 21 equipment, for example. G. Is there anything by way of parathion that might not have met standards that 34 8/31/2004 9:05 AM 4/21/1998 Brown, Jerry; Mars Hill 1 2 3 4 5 Q. 6 A. 7 Q. 8 9 10 A. 11 12 13 14 Q. 15 16 17 18 19 20 21 22 23 A. process involves a conversion to carbon dioxide. I mean, the bugs -- they basically use it as food, and in doinq so -- Convert it to a safe substance? They totally degrade it, yes. And why is it you did that, Mr. Brown? Is that what the company expected you to do in situations like that? Well, that was our technology that we developed back almost day one in parathion for the disposing of that kind of waste and waste water, liquids. Tell me, Mr. Brown if someone, a person, were to come in contact with some fairly highly concentrated substance like parathion, a human being, if they were to come in contact with that, get some on their skin, on their hands or arms or something like that, inhale something from it, what would that cause that person to do? Well, parathion was a pesticide. And 36 35 8/31/2004 9:05 AM 37 ADAD21-003617 HARTOLDMON0033573 4/21/1998 Brown, Jerry; Mars Hill 1 like most pesticides, it has a degree of 2 toxicity- And parathion for humans has a very high level of toxicity. So if you got material on your skin and you got soap and water and washed it off 6 within a reasonable amount of time, it 7 wouldn't do anything to you. 8 Q. What if you didn't? 9 A. If you didn't, it would depress the 10 cholinesterase level in your blood, 11 which could lead to very serious health 12 problems, including death. 13 Q- Tell me if you would if a highly 14 concentrated level of parathion reached 15 my skin or your skin, could it cause you 16 to have difficulty in breathing? 17 A. Well, as it starts affecting -- as you 18 depress the cholinesterase level in your 19 blood, you start -- It starts 20 interfering with the nerve 21 transmissions. And obviously our 22 nervous system controls our breathing, 23 so, yes, that could be one potential 4/21/1998 Brown, Jerry; Mars Hill 1 the nervous system through the effects 2 it has on that part of the blood? 3 MR. PECK: Object to the form of 4 the question, lack of 5 foundation. 6 Q. You don't know what the product does? 7 How does it work? I don't know how it kills a bug. That 9 is not my area of expertise. 10 Q. Okay. Tell me if you would -- Well, 11 I'll get to that in a minute. Let me go 12 through some other things and come back 13 to that. While we are there, let me 14 just ask you about your educational 15 background, Mr. Brown. 16 A. I have a BS in chemistry from Auburn 17 University and a masters in science from 18 Auburn University. 19 Q. When did you gets your BS in chemistry 20 from Auburn? 21 A. 1965. 22 Q. 23 A. Then you had a masters in chemistry? 1967. .8/31/2004 9:05 AM 4/21/1998 Brown, Jem'* Mare Hill 2 Q. 3 5 6 A. 9 10 11 12 13 14 15 16 17 Q. 18 A. 19 20 21 R effect. So it would shut your breathing down, might have difficulty doing that, cause problems with you heart-wise and otherwise? Oh, yes, sir. MR. PECK: Object to the form of the question, lack of foundation. So it attacks the central nervous system? Is that what it does? MR. PECK: Object to the form of the question, lack of foundation. I think I described it to you. I said it depresses the cholinesterase level. Tell me what that is. Interferes with the nerve transfer -- It stops the transmission in the nervous system. Beyond that, I can't describe it any further. I don't know. So that's the way bugs and things are killed with the pesticides, just attacks 38 8/31/2004 9:05 AM 4/21/1993 orown, Jerry; Mare Hill 2 3 4 5 A. 6 7 8 Q. 9 10 11 12 A. 13 14 15 16 17 18 19 Q. 20 A. 21 Q. 22 23 And what area did you specialized in, Mr. Brown? I mean, was there any particular area that you did your masters work in? Well/ it would have been considered physical analytical, I guess, major in organic and inorganic minor. And did you have any training or educational professional kind of training after you left Auburn when you got your masters in 1967? Well, you know, that's really been an ongoing part of my career with Monsanto. Yes. I mean, there is always some sort of courses, professional and short courses, technical short courses, company courses. That has always been a part of - Part of your educational training? Yes. Can you give us some idea of the kinds of things you have studied just in summary since you have been with them, 40 8/31/2004 9:05 AM 39 8/31/2004 9:05 AM ADAD21-003618 HARTOLDMONOQ33574 4/21/1998 Brown, Jerry; Mars Hill 1 Mr. Brown? 2 A. Well, obviously a lot in the analytical 3 area. Back in the early days in my career as new technology developed, in industrial hygiene aspects and applicate rules and regulations, environmental rules and regulations. Q. Okay. Tell me if you would in the 9 analytical area what specific studies 10 did you do or participate in, seminar 11 type stuff or short courses at colleges 12 13 A. 14 and universities? Typically you are talking short courses from manufacturers of certain types of 15 equipment. 16 Q. When you say certain types of equipment, 17 you are talking about analytical 18 equipment? 19 A. Yes. 20 G. Can you tell me specifically some of the 21 courses you attended -- 22 A. Well, courses on gas chromatography for 23 example. 4/21/1998 Brown, Jerry; Mars Hill i 2 A. 3 Q4 5 A. 6 Q7 A. 9 09 10 A. 11 Q12 A. 13 14 Q. 15 16 17 A. 18 19 20 21 22 Q. 23 A. particular technology? I did not personally, no. Did people under you do that with your supervision? Yes, at one point in time, yes. When was that? '72 time frame. And where did you perform these tests. here at the local plant? Yes. And what were you looking for? That specific testing was being done on PCBs in water and fish. And where were those tests performed? From what particular sites did you take samples and perform those tests? Well, now, I was working strictly in the analytical end at that time. And I have no direct knowledge of exactly the sites, but I do know that discharge water was being monitored. For what? For PCBs. *8/31/2004 9:05 AM 4/21/1333 BfOWn, Jerry; Mars Hill 1 Q. When did you take those? 2 A. That would have been back in the '70s, 3 late '60s, '70s. 4 Q. Okay. Did you study that in particular 5 with the kind of chemicals that y'all 6 were producing or had produced here at 7 the plant? A. Well, you know, that was an emerging and 9 developing technology that could be 10 applied to your needs at the plant. So, n you know, it was a matter of staying 12 abreast and learning and applying new 13 technologies as new equipment and new 14 technologies came available. So, yes, 15 it was to be -- 16 Q. Used by you here? 17 A. Yes, uh-huh. 18 Q. Did you use that at any point in time to 19 analyze either soil samples or water 20 samples, air samples -- maybe that can't 21 be done -- in connection with PCBs? Did you do any testing yourself in connection with those using that 42 8/31/2004 9:05 AM 4/21/1998 Brown, Jerry; Mars Hill 1 Q. Okay. 2 A. And I do know that certain fish species 3 were being tested and monitored, soil 4 samples. 5 Q- You said soil samples? 6 A. Uh-huh (indicating yes}. 7 Q. Tell me where the fish -- From what body 8 of water were the fish taken? 9 A. All I can tell you is downstream bodies, 10 primarily Choccolocco. 11 Q. Choccolocco Creek? 12 A. Uh-huh (indicating yes). 13 Q. Was that below the Anniston sewer plant, 14 sewer facility, where the fish were 15 taken? 16 MR. PECK: Object to the form of 17 the question. 18 A. Here I'm speculating now -- 19 MR. PECK: You don't have to 20 speculate. 21 Q. Do you know whether or not it was below 22 that? 23 A. I don't know. 8/31/2004 9:05 AM /2004 3:05 AM 45 ADAD21-003619 HARTOLDMON0033575 4/21/1998 Brown, Jerry; Mars Hill 1 Q- But you know the fish were taken from 2 Choccolocco Creek and analyzed? 3 %) A. Yes. Q. Were -- Where were the soil samples taken from? 6 A. From different streams leaving the 7 plant- 6 Q. When you say different streams, are you 9 talking about the little drainage 10 ditches leaving the plant? 11 A. Well, there was specifically discharge 12 001. 13 Q. What is discharge 001? Where is it 14 located? 15 A. On the east side of the plant. 16 Q- When you say east side of the plant, 17 would that be in the Cobb Town and Sweet 18 Valley area? 19 A. Well, it left the plant and went through 20 a portion of that area. 21 Q. Okay. Did it get near the Bethel Church 22 or Mars Hill Missionary Baptist Church? 23 A. It went close to Bethel. ^8/31/2004 9:05 AM 4/21/1998 Brown, Jerry; Mars Hill 1 Q2 3 4 A. 5 6 7 8 Q. 9 10 11 12 13 A. 14 15 16 17 18 19 20 21 Ip So testing was done of the ditch. drainage ditch, near Bethel Church in *72? There again I know water that went down that ditch was tested. I don't know anything about soil samples and where they were taken. Okay. But there was some concern apparently that Monsanto had at that point in time about PCBs being present in the water and in the fish? Is that correct? Well, if you go back to that era, the technology I've described to you was developed in the late '60s. And as this technology was applied and Monsanto busted their rear ends with, you know. extensive resources developing methodology, we learned more and more. And that is what we were frantically trying to do, is learn exactly what was going on with the advent of the new technology. 1 Q. 2 A. 3 Q. 4 5 6 A. 7 8 9 10 Q11 A. 12 Q. 13 A. 14 15 16 Q. 17 A. 18 Q. 19 20 21 A. 22 23 Q. 4/21/1998 Brown, Jerry; Mars Hill With PCBs? Yes. Now, Mr. Brown, in connection with that testing who all was involved in that testing other than you? Well, you know, it is my recollection that Eugene Wright was probably most involved at that point in time and Toby Bell, James T. Bell. Were those people here? Pardon me? Were those people here? Yes, they were. The methodology was developed in St. Louis by, if I remember correctly, Dr. Tucker. Scott Tucker? Yes. Who else other than Mr. Bell and the other gentleman you mentioned? Who else was here or involved in it? I guess Mr. Miller was involved to some degree, Gerald Miller. Who was Mr. Miller? 8/31/2004 9:05 AM 4/21/1998 Brown, Jerry; Mars Hill 1 A. 2 3 4 Q. 5 A. 6 7 8 Q. 9 10 11 A. 12 Q13 14 A. 15 16 17 18 Q. 19 A. 20 21 Q. 22 A. 23 Gerald was the plant chief chemist for a portion of time there, and then Toby Bell assumed that function. Okay. And they were part of a technical service organization that was headed up by Joe Landwehr. PCBs were found to be present in the ditch, were they not, off the plant site east of Monsanto? I don't know. I'm assuming so. Well, what do you base that assumption on, Mr. Brown? Basically what I've heard. I'm. not -- As I say, I didn't get involved in any of the direct sediment sampling during that era. Tell me what you heard at that time. I've told you I heard there was presence in sediments. And then there was PCBs in the water? Well, we were monitoring discharge 001 to monitor exactly what was leaving the B/3i/2U04 SIUOAM ADAD21-003620 HARTOLDMON0033576 4/21/1998 Brown, Jerry; Mars Hid 1 facility. 2 Q. And y'all found it in the water? 3 A. Yes. Q. And it had been found in the fish; is that correct? Yes. Now, who were y'all reporting to at that time, Mr. Brown? 9 A. From what standpoint? 10 Q. Regulatory agencies. 11 A. My recollection on that is the head of 12 the state water group at the time, and 13 two names that come to my mind were Joe 14 Crockett and John Williford. 15 Q. So Mr. Williford and Mr. Crockett, were 16 they in positions of leadership with the 17 Alabama Water Improvement Commission? 18 A. It was -- I guess that1s the name of the 19 agency that was in place at that time. 20 Q. And that is who y'all reported to about 21 any kind of contamination? 22 A. Right. 23 Q. Now, what is it, Mr. Brown, that you 4/21/1998 Brown, Jerry; Mars Hill 1 Q. And what was your title when you first 2 started? 3 For the first few months, analytical 4 chemist. Then it changed to PR and D 5 chemist. 6 Q. What is PR and D? 7 A. Process research and development. 8 Q Okay. And how long did you serve in 9 that capacity? 10 A. Well, I moved from that to the PR and D 11 supervisor job in -- I don't know -- 12 *71, i believe. 13 Q. Okay. And -- 14 A. And that was kind of a working 15 supervisor type role. 16 Q. What kind of responsibility did you have 17 in that particular role, Mr. Brown? 18 A. Well, I was actually doing work -- I was 19 running a pilot unit on the polyphenyl 20 operation from my personal stuff and was 21 supervising the activities of a couple 22 or three others who were in the group at 23 the time. 1.8/31/2004 9:05 AM 1/21/1338 Brown, Jerry; Mars Hill 1 knew in your position as an analytical 2 chemist -- And I assume you went to work 3 straight out of Auburn for Monsanto. Is 4 that correct? 5 A. Yes. 6 Q Where did you go to work? 7 A. Here. Q Here in Anniston? 9 A. Yes. 10 Q. What kind of position did you assume 11 here? 12 A. I was working in a plant process 13 research and development group. 14 Q. Were you doing any analysis of testing 15 from time to time of the product itself? 16 Is that what you did? 17 No. There were technicians and analysts 18 who did that kind of work. I was 19 working on new technology for 20 improvements in processes. 21 Q. Of the manufacturing process is what you are talking about? A. Yes. 50 8/31/2004 9:05 AM 4/21/1998 Brown, Jerry; Man Hill 1 Q. When you say you were running a pilot. 2 some kind of process that would improve 3 the manufacturing process that you were 4 testing? Is that what you were doing? 5 A. Yes. 6 Q- In the manufacturing of what product? 7 A. Polyphenyls. 8 Q. PCBs? 9 A. No, no, no, polyphenyls. 10 Q- So you weren't involved in PCB 11 manufacturing? 12 A. Not in the manufacture. I did some work 13 one time on refining the electrical 14 properties of Aroclors. 15 Q- And when was that? 16 A. Probably in '70, thereabout. 17 Q- Who did you do that for? Who did you 18 report to? Did somebody give you that 19 responsibility? 20 A. Yeah. I was reporting to Toby Bell at 21 that time. 22 Q. And he was -- 23 A. He was PR and D supervisor. 52 a/31/2004 9:05 AM 8/31/2004 53 ADAD21 -003621 HARTOLDMON0033577 4/21/1998 Brown, Jerry; Mars Hill 1 Q. And you took his place? 2 A. Yes. 3 Q- Where did you move after that. Mr. Brown? Did you stay there? A, After the PR and D supervisor job I 6 moved to chief chemist. 7 Q. When did that happen? 8 A. Well, let's see. I went first to what 9 is called laboratory supervisor. That 10 was in '73, and then chief chemist in 11 '74. 12 Q- And as chief chemist or lab supervisor 13 first and then chief chemist, what were 14 your responsibilities? 15 A. As lab supervisor it was simply 16 supervising the analyst and technician 17 who monitored product quality. 18 Q. Did you have anything to do with 19 environmental such as the effluent or 20 waste water? 21 A. Not as part of that job. 22 Q- When did that start with you? 23 A. '74. 1/2004 9:05 AM 4/21/1998 Brown, Jerry; Mars Hill 1 o. And what position did you assume then? 2 A. Chief chemist. 3 Q. So when you assumed the chief chemist 4 job, in addition to looking at product 5 quality, you also were concerned with 6 emissions from the plant, whether it be 7 in water, air or -- 8 A. That's correct. 9 Q- Now, was that related at any point in 10 time to PCBs? 11 A. In '74, no. The plant had been long 12 torn down and was history at that point 13 in time. 14 Q. Was history? 15 A. From an operational standpoint, yes. 16 Q- But what about from the standpoint of 17 the emission in the environment of PCB 18 contamination? 19 A. Well, there was none in '74. 20 Q. Am I to understand your testimony here 21 today that there was none in '74, no PCB If2 contamination coming out of any part of 23 the facility in 1974? 8/31/2004 9:05 AM 4/21/1998 Brown, Jerry; Mars Hill A. 2 3 4 Q. 5 6 7 A. 8 Q. 9 A. 10 Q. 11 A. 12 13 O. 14 A. 15 Q. 16 17 A. 18 Q. 19 20 A. 21 Q22 A. 23 Q. miak x 4ii sayluy IS uieiS was HO manufacturing operation producing any PCB waste in 1974. Well, there was waste buried on property, was there net, Mr. Brown, that was owned by Monsanto at that time? Yes. Where was that buried? South of 202. Anyplace else? No. West of the plant there was another area. Okay. That was an older area. The western landfill, as we know it today? Yes. And where in particular were the PCBs buried south of 202? In what was called cells 2-E and 3-E. 2-E and 3-E? Yes. And in what form was that buried? 8/31/2004 9:05 AM 4/21/1998 Brown, Jerry; Mars Hill 1 A. It was primarily solid steel residue 2 that was drummed. 3 0. And buried? 4 A. Yes. 5 Q. And were they solid waste management 6 units, actual cells similar to what you 7 previously described where the parathion 8 was buried? 9 A. Well, it obviously didn't have the same 10 technology applied in the earlier years 11 because that was not known. 12 Q. Tell me what you mean by that. 13 Mr. Brown. 14 A. Well -- 15 Q- First let me go back and withdraw that 16 question and ask you -- When was this 17 buried in these particular areas? 18 A. Well, to the best of my knowledge -- and 19 this is not firsthand knowledge because 20 I wasn't involved -- but from perhaps 21 early '60s, late '50s until the plant 22 was torn out in *71, '2. 23 Q. So in '71 or '2 you stopped 56 55 8/31/2004 9:05 AM 57 ADAD21-003622 HARTOLDMON0033578 4/21/1998 Brown, Jerry; Mars Hill 1 manufacturing PCBs here at this plant? 2 A. Yes. 3 Q. And tore out the facilities? ) A. Yes. Q. And what happened to those -- that plant 6 production type facility? Was that 7 buried up there too? 0 A. I think part of it was and -- I really 9 don't know. I wasn't involved, and I 10 simply don't know. 11 Q- Well, let's get back to this question. 12 then. You are saying that everything 13 was basically buried in 19 -- Well, 14 discontinued in *71 and '72; is that 15 right? 16 A. That's correct. 17 Q. And as early as 1974, then, y'all didn't 18 have a problem with PCB Leaving the 19 plant site or leaving a landfill site? 20 Is that your testimony? 21 A. I knew nothing about any PCBs leaving 22 the site in 1974. 23 Q. Maybe I misunderstood, Mr. Brown. If I 4/21/1998 8rown, Jerry; Mars Hill l the question. 2 MR. STEWART: I thought he had. 3 MR. PECK: He was still talking. 4 Are you going to let him 5 answor Hie nimctinnl 6 MR. STEWART: I thought he had. 7 A. No. You stopped me. 8 Q9 A. 10 Okay. Go ahead. Based on -- Again, I wasn't involved personally, but based on my 11 understanding at some point in time the 12 levels had diminished to low levels. 13 And the agreement was reached with 14 Alabama Water Improvement Commission to IS phase that laboratory out because the 16 plant had been torn down and dismantled 17 Q- Phase what laboratory out? 18 A. The PCB laboratory. 19 Q- Are you talking about the manufacturing 20 process or the lab that was doing the 21 analyses and tests? 22 A. The laboratory where PCB monitoring was 23 done. It was a special laboratory that *6/31/2004 9:05 AM 4/21/1998 Brown, Jerry; Mars Hill 1 did, I certainly apologize. You 2 indicated to me y'all had been doing 3 some testing where y'all had found PCBs 4 in Choccolocco Creek. Was it in pretty 5 high levels? 6 MR. PECK: Object to the form of 1 the question. I don't know. Q. Do you have any idea, Mr. Brown, sitting here today, what those levels were? A. No, I don't. Q- And do you know what the levels were in the water or in the ditches east of the plant? No. Q. Was there not some testing done in Snow Creek at that time? The testing program was done, based on my recollection, through some period after the plant was shut down. Q. As chief chemist, were the results not - - MR. PECK: Can you let him answer 58 8/31/2004 9:05 AM 4/21/1998 Brown, Jerry; Mars Hill 1 was set up in a mobile building with 2 special equipment. And that equipment, 3 was moved to St. Louis, and the building 4 was moved away. 5 Q. Okay. And that arrangement was made 6 with Mr. Crockett and others after you 7 did the initial testing? 8 A. It is my recollection that was done at 9 some time after the dismantlement was 10 complete. 11 Q. You were involved as head of the lab 12 generally or the plant supervisor of the 13 lab as superintendent in what year? 14 A. '72, '73. 15 Q. And is it yourstatement here today -- 16 and I want to make sure I understand 17 what you are telling me -- that no one 18 told you what the results were of these 19 PCB tests that were done at this special 20 lab in that position? 21 A. Let me clarify what I was head of at 22 that point in time. 23 Q. Okay. 60 os 8/31/2004 9:05 AM 61 ADAD21-003623 HARTOLDMON0033579 4/21/1998 Brown, Jerry; Mars Hill 1 A. 2 3 Q. A. 9 Q. 10 11 A. 12 Q. 13 A. 14 Q. 15 A. 16 17 Q. 18 19 20 A. 21 22 a 23 I was head of the plant laboratory that was responsible for monitoring raw materials and product quality for the ongoing operations. Okay. I was not -- The PCB laboratory was not a part of that laboratory. It was a separate entity. Testing for contamination off-site; is that right? It was a special PCB laboratory. Testing for PCB contamination? Yes. Off-site? Testing for PCB whether it was on-site or off-site, not -- When you took the position as chief chemist in 1974, that became a part of your responsibility, didn't it? That had already been phased out at that time. But if there was any testing that was done for contamination off-site, that 4/21/1998 Brown, Jerry; Mars Hill 1 n. Would ''ou not think it would be 2 important for you to know that as a 3 person who was responsible not only for 4 the quality of the product but also for 5 what contaminants might be leaving the 6 plant site in '74? 7 A. In 1974, in the previous five years we 8 -- Monsanto had gone from a position of 9 knowing nothing about PCBs in the 10 environment to learning that there were 11 emissions and shutting the plant down 12 and stopping it. And that was perceived 13 by all parties involved to be the most 14 responsible action that could possibly 15 be taken. And based on all knowledge at 16 that point in time there was no 17 identified need in any human brain to 18 continue to do anything. 19 Q. And who is it that made that particular 20 determination, Mr. Brown? 21 A. Well, it would have been a corporate 22 kind of -- along with regulatory. 23 Q. And who at the corporate level made that 3/31/2004 9:05 AM 4/21/1998 Brown, Jerry; Mare Hill 1 would have been your responsibility, 2 wouldn't it? 3 A. Yes. 4 Q. Are you telling me the people who did 5 that PCB work did not share with you 6 what their findings were when you became 7 plant chemist in 1974? A. It had been stopped at that point in 9 time. 10 Q. Well, there was some data that had been 11 accumulated, was there not, Mr. Brown? 12 A. I'm assuming so. 13 Q. And was that not shared with you? 14 A. It was not an ongoing activity that I 15 had any need to address at that point in 16 time. 17 Q. Let me ask you, Mr. Brown. Did anybody 18 say here, as the chemist for this plant, 19 knowing there were PCBs buried in the 20 landfill, you might want to know what we 21 found in -- Did anybody say anything like that to you? A. No. 62 8/31/2004 9:05 AM 4/21/1998 Brown, Jerry; Mare Hid 1 decision? 2 A. I'm assuming that Mr. Papageorge was a 3 part of it. 4 Q. All right. 5 A. And others were part of it. But it was 6 not made by any one particular person 7 that I could give you the name of. 8 Q. But it was a corporate decision to sort 9 of shut down the lab and to work with 10 regulators to shut down any further 11 testing for PCBs? 12 A. 13 Well, shutting down the lab was a part of the phase-down or the shutdown of the 14 plant that was agreed to by the 15 regulators. I mean, the most 16 responsible thing, shutting a plant 17 down, had been done and completed. 18 Q. All right. Other than Mr. Papageorge, 19 who was the plant manager at that time? 20 A. At what, '75, '74? I guess Gene Jessee 21 was. 22 Q. Mr. Gene Jessee? 23 A. Yes. 64 8/31/2004 3:05 AM 63 8/31/2004 9:05 AM 65 ADAD21-003624 HARTOLDMON0033580 4/21/1998 Brown, Jerry; Mars Hill 1 Q. Who else at the national level would 2 have been invoLved in. this decision in addition to Mr. Papageorge? A. I do not know. Q. Did Mr. Hosmer come along at some point 6 in time in that, Mr. Brown? 7 A. Yes. Dez had different roles. He was a 8 former plant manager, and then he had 9 some corporate responsibility that 10 involved the plant. You know, I don't 11 remember specifically what those were, 12 but, yes, he was involved. 13 Q. And what about Mr. Landwehr, 14 L-a-n-d-w-e-h-r? 15 A. Joe was the USD superintendent. And the 16 group of people I talked about before 17 reported to Joe until that job was -- 18 With the shut down facility, that job 19 was eliminated. 20 Q. Okay. Now, was there anybody from the 21 national level involved in some of these 22 things in the medical department? Do 23 you remember the medical department 4/21/1998 Brown, Jerry; Mars HilJ 2 Q. One pound? 3 A. Yes. 4 Q. Of what? 5 A, Per day. 6 Q. One pound of PCBs leaving the plant per 7 day? 0 A. Right. 9 Q. Was that in water? 10 A. Yes. 11 Q. And do you know whether or not that was 12 achieved? 13 A. You know, reductions were achieved, but 14 the decision to close the plant was made 15 before the final technology to do that 16 was ever put in place or finished. 17 Q. Am I to understand that it was not done, 18 that the goal that you set was not 19 achieved? 20 A. In what I'm remembering in '70 was a 21 program to develop technology for 22 removal of PCBs from water. A lot of 23 things were being done. But by '71 a *8/31/2004 9:05 AM 4/21/1338 Brown, Jerry; Mare Hill 1 2 A. 3 4 0. 5 A. 6 Q. 7 A. 10 11 12 13 14 15 16 17 18 0. 19 20 A. 21 being involved? Well, you know, I remember Dr. Kelly being very much involved. What about Jack Garrett? Yeah. Jack was involved too. What was Mr. Garrett's position? Jack was in our corporate safety department and the developer of the original industrial hygiene program within Monsanto. Were you aware, Mr. Brown, at this time of what contaminant levels y'all were seeking in the effluent that left the plant, the discharge that left the plant? MR. PECK: What time? Are you talking about *74? In the '70 to *74 period were you ever aware of that? Well, I remember back in -- And I'll refer to the '70 era, you know, somewhere along in there, the goal of reducing to one pound was established at 66 8/31/2004 9:05 AM 4/21/1998 Brown, Jerry; Mare Hill 1 decision was made to shut the plant. 2 All those ongoing programs became a moot 3 point at that point. 4 Q- Okay. 5 MR. PECK: Can we take a quick 6 break? 7 <A break was taken.) 8 Q. We were talking about what was shared 9 with you by the parties who conducted 10 this study. You have indicated to us 11 that, Mr. Brown, there were no 12 contaminants that were leaving the 13 plant, PCBs that were leaving the plant, 14 to your knowledge after you became the 15 head chemist at the plant in 1974. 16 A. Yes. You know, that monitoring had 17 continued to the point where the levels 18 were demonstrated to be extremely low, 19 non-detects to very, very low levels. 20 The plant was gone. 21 Q. What were those levels, Mr. Brown, if 22 you don't mind telling me, that were -- 23 A. Well, you know, I've really, not seen 68 8/31/2004 9:05 AM 67 8/31/2004 9:05 AM 69 ADAD21-003625 HARTOLDMON0033581 4/21/1998 Brown, Jerry; Mars Hill 1 nor heard of that since 1972 or '3. 2 Q. In connection with your deposition 3 today/ what documents did you review? Oh, in connection -- I have not reviewed any of that kind of documentation. Q. What documents did you review? A. Really very few. Q. Well/ tell me what they were. 9 A. I'm trying to think specifically. One 10 of them was a priority pollutant scan 11 that we did in *81. 12 Q. A what, now? 13 A. Priority pollutant scan. 14 Q. That you did in 1981? 15 A. Yes. 16 Q. Okay. What else? 17 I can't specifically name another 18 document, you know, that I remember the 19 name of. 20 Q. You don't remember any other document 21 you looked at? 22 A. No. 23 Q. Did you look at any depositions? 4/21/1998 Brown, Jerry; Mars Hill 1 A. 2 3 4 Q. 5 A, 6 7 8 9 10 11 12 Q. 13 A. 14 Q. 15 16 A. 17 Q. 18 A. 19 Q. 20 A. 21 Q. 22 23 A. there were a number of things listed that were called priority pollutants. Were PCBs one of them? T don't remember PCB being included from a regulatory standpoint as part of the priority pollutants. It may have been. My memory is unclear on that. But typically you could do a priority pollutant scan plus PCB scan as part of the same package of work. Was it done in *81? Yes. And what were the results of the testing that was done in *81? None detected. None detected? Yes. Where was the testing done? You mean what stream? Yes. I mean where. Was it stream sediment? The testing was done in Dayton, Ohio, *8/31/2004 9:05 AM 4/21/1998 Brown, Jerry; Mars Hill 1 A. No. 2 Q. Didn't read any depositions? 3 A. No. 4 Q. Did you look at any test data that was 5 done either in the '70s or '80s? No, not other than the document that I 7 mentioned to you. 0. Tell me who did that priority pollutant 9 scan in 1981. 10 A. Well, that was done at our -- what we 11 called our MRC group in Dayton, Ohio, 12 who had a great deal of special analysis 13 technology in place. Monsanto Research 14 Corporation is what it was called. It 15 was a laboratory for special testing in 16 Dayton, Ohio. 17 Q. What kind of testing did they do at that 18 time? 19 A. Well, the priority pollutant scan 20 testing and PCB testing was, you know -- 21 Do you know what I mean when I say priority pollutant scan? Q. No. Tell me what it is. 70 8/31/2004 9:05 AM 4/21/1998 Brown, Jerry; Mars Hill 1 2 3 Q. 4 A. 5 Q. 6 7 8 9 10 A. 11 12 13 14 15 16 17 Q. 18 19 A. 20 Q. 21 22 23 hut if you want to know what species of testing, it was water discharge. Water discharge from the plant? Yes. But if y'all weren't manufacturing PCBs -- Maybe it is a stupid question. It won't be the first one I have asked probably. What were you testing water discharge for PCBs for? As I mentioned, it was a very common thing when you do priority pollutant testing. We weren't manufacturing priority pollutants either. But it was part of environmental testing protocol that we and everybody else did at that point in time. So the water that you tested was water that was discharged from the plant? Yes. And would it be highly unlikely that you would find PCB contamination in that water if y'all weren't manufacturing PCBs at that time and dismantled the 72 8/31/2004 9:05 AM 71 8/3i/2uu4 y:us Am 73 ADAD21-003626 HARTOLDMON0033582 4/21/1998 Brown, Jerry; Mars Hill 1 facilities? 2 A. Yes. 3 Q. Did you check the water in Snow Creek? A. No. At that point in time, no, because we were testing discharges from the plant, because the permitting processes was for water discharges. Q. Getting back to the *70s, do you recall 9 having any kind of conversations with 10 anybody about an EPA inquiry that was 11 given to y'all in '75? 12 A. No. 13 Q. Youweren't made aware of it as a 14 chemist who was responsible for 15 analyzing chemicals that may -- 16 A. No. 17 Q. No onetold youabout that? 18 A. No. 19 Q. Were you aware of any reply that y'all 20 might have made to the Environmental 21 Protection Agency out of Washington in 22 connection with the PCBs that were 23 manufactured or waste product stored on 4/21/1998 Brown, Jerry; Mars Hill 1 Q. Where would one get a figure of ten 2 million pounds? 3 A. I would expect from calculations of the 4 amount generated from residues, I mean, 5 if that is a figure that has been 6 generated. Now, I don't know that 7 number. I'm answering you based on how I would expect that kind of number to be generated. 10 Q. And tell me again how that would be. 11 A. Well, you know, records onproduction 12 were very well documented. And it was 13 known then for each pound of production 14 how much -- how many pounds of residue 15 may have remained behind. 16 Q. Are those figures available now, 17 production figures? 18 A. I don't know. All of that has been in 19 archives for many, many years. I have 20 not seen any of that kind of data since 21 it was archived. 22 Q. Where is it archived? 23 A. In St. Louis. *8/31/2004 9:05 AM iiunu, jcuyi M4i niii this plant site in 1975? A. No. Q. Nobody asked you to get involved in that? A. No. Q. And do you remember any kind of statement being made as to the waste materials that were buried in the landfill, PCB waste materials, you being asked or talked to about any kind of report that might have been made to them about the waste materials, EPA, in *75? You know, it is very possible that I could have been asked what I knew, but I simply don't remember being asked. Q- Well, tell me if you would, what did you know about the amount of PCBs that were buried in the landfill south of 202 at that time? I knew that the drums of residual material had been buried from the production for several years. As far as a specific quantity, I did not know. 74 8/31/2004 9:05 AM 4/2i/iyys Brown, Jerry; Mars Hiii 1 Q. 2 3 4 5 6 A. 7 Q. 8 9 10 11 12 13 A. 14 Q15 A. 16 17 18 o. 19 20 21 22 23 But there are production figures for PCB archived in St. Louis? MR. PECK: Object to the form of the question, lack of foundation. I'm assuming so. I don't know. And you say it would be easy to calculate from production what waste materials were buried in the landfill. Were the waste materials from PCB production in Anniston ever buried anywhere else -- No. -- other than those cells? No, not to my knowledge. You know, what happened in the *30s, I would not expect it because the practice was on-site. Okay. And has any of that -- Other than what Mr. Mayausky told us about the four hundred thousand pounds that was removed from the western landfill, has any of that been removed from either the south or west landfill to your knowledge? 76 8/31/2004 9 05 AM 75 8/31/2004 9 05 AM 77 ADAD21-003627 HARTOLDMON0033583 4/21/1998 Brown, Jerry; Mars Hill 1 A. 2 Q. 7 8 9 A. 10 Q. 11 12 13 14 15 16 17 18 19 A. 20 21 22 23 No Do you know of your own personal knowledge how the arrangements were made to close down the inquiry that apparently the Alabama Water Improvement Commission was making about PCBs in 1971 and '72 when this lab testing was going on? How to close down the inquiry? You indicated earlier -- And maybe I misunderstood you, Mr. Brown. I certainly don't want to put words in your mouth. You indicated y'all closed production, closed this lab down, and apparently y'all had worked something out with the Alabama Water Improvement Commission at that point. Am I correct or incorrect? Well, it is my, you know, recollection that monitoring continued for some period of time. Levels were extremely low, indicating no, you know, ongoing release from the manufacturing site. B/31/2004 9:05 AM 4/21/1998 Brown, Jerry; Mars Hill 1 Q. What about waste site? 2 MR. PECK; What did you say? 3 MR. STEWART; Waste site, the 4 landfills. 5 A. The waste site was covered over. 6 o. Were you monitoring at all for PCB 7 releases from the waste site in any 8 fashion? 9 A. I do not know. 10 Q- Well, I'm asking if you were as the 11 chemist. Was anybody working under you 12 there at the plant doing that from 1975 13 on? 14 A. No. 15 Q- Now, you've mentioned Choccolocco Creek 16 earlier. Was there any work done to 17 your knowledge by these people who were 18 doing the testing in the early '70s in 19 Snow Creek? 20 A. From -- 21 Q. A. For PCBs in sediment or in water? X would assume so. 0. Was there any found there that caused B/3i/2O04 9:0tAM 4/21/1998 Brown, Jerry; Mars Hill 2 3 4 5 A.. 6 7 Q. 8 9 10 11 A. 12 Q13 A. 14 Q. 15 16 17 18 A. 19 Q. 20 21 A. 22 Q. 23 MB. PECK: Object to the form of the question, lack of foundation. X reall'7 doi*T t know what was found there in *71, '2, `3. Was any sediment removed or work done around Snow Creek to change either the direction of the creek or take any sediment out and remove it? During that period of time? Yes. No. At that particular period of time do you recall a suit being filed by any regulatory agency against Monsanto, in the '70s, about PCB contamination? No. Any other organization bring any action against Monsanto here in Anniston? No. Do you remember -- Do you know the organization VASK? 78 8/31/2004 9:05 AM 4/21/1998 Brown, Jerry; Mars Hill 1 A. 2 Q. 3 4 5 A. 6 Q. 7 e 9 10 u 12 13 A. 14 15 16 17 18 19 Q. 20 21 22 23 I've heard of it. Was there any effort made by them in the '70s about contamination of Logan Martin Lake? If there was, I do know. Do you remember any concern being expressed by your colleagues at Monsanto either here or from St. Louis about some problem about Logan Martin Lake and perhaps closing it for fishing purposes in the '70s because of PCB contamination? Well, I remember some of the fish species were sampled all the way down to the mouth of Choccolocco at Logan Martin. But so far as any further discussions of what that meant, I was not involved with it, and I do not know. Okay. So it is your understanding that the plant's production facilities were phased out, the testing was phased out. and the levels were so low that everything was worked out at that point 80 8/31/2004 9:05 AM ADAD21-003628 HARTOLDMON0033584 4/21/1998 Brown, Jerry; Mars Hill 1 in time with the regulatory agencies and 2 y'all did no more testing after that point in time for PCB contamination in the '70s? A. That's correct. 6 Q. Now, tell me if you would what city, 7 county, or state officials locally here were talked to by Monsanto Chemical 9 Company here in Anniston, the Anniston 10 plant, in the '70s about PCB 11 contamination? 12 A. That's a question for somebody like 13 Mr. Papageorge or the plant manager 14 whose job interfaced with the community 15 and elected officials more than me. I 16 do not know. 17 Q. Do you know of any official meeting that 18 Monsanto had with local city or county 19 officials or state officials such as the 20 state health department, the local 21 outfit here in the '70s? 22 A. Not that I know of, no. 23 Q. Do you know of any meeting that was had 4/21/1998 Brown, Jerry; Mars Hill 2 A. No 3 Q- Now, Mr. Brown, what is it that you knew 4 at that particular point in time about 5 6 possible contamination of the environment? What did you understand, at that particular point in time as a 9 chemist here at the local plant and as 10 being responsible for monitoring 11 potential contamination by that property 12 or any property? 13 MR. PECK: Are you now in '75 or 14 what time frame? 15 Q- Well, from the time you became head 16 chemist here at the Anniston plant. 17 The only thing that had been identified 18 that led to the closure of the plant was 19 the stability of the material in the 20 environment. 21 And who is it that told you that? 22 The testing that was developed and then 23 the data generated from the testing. r/31/2004 9:05 AM 4/21/1998 Brown, Jerry; Mars Hill 1 2 3 4 5 6 7 9 10 11 12 13 14 15 16 17 18 19 20 21 Q. A. Q. A. Q. A. Q. . with anybody at, say, this Bethel Baptist Church or any of the neighbors who lived around that ditch where you have indicated that PCBs were found east of the plant? Were there any meetings that you all held with members of the community at that particular time? Well, there again, I don't know. To your knowledge were any meetings held with any of the residents? To ray knowledge? Yes. I wasn't involved, so I don't know. Are you saying there could have been but you just don't know about any? Sure, yes. Did you participate in any meetings, community-wide meetings, where the problem was discussed, not only with residents that lived around the plant but people in general here in the Anniston area, about PCBs, Mr. Brown? In what era? 82 8/31/2004 9:05 AM 4/21/1998 Brown, Jerry; Mars Hill 1 Q- Well, did you know at that time or were 2 you made aware at that time of any 3 health risks that the PCB contamination 4 might pose to human beings? 5 I've never seen -- I've never seen or 6 heard of any known health risks from 7 PCBs. 8 Q. Did you ever have an opportunity to talk 9 to Mr. Papageorge about it? 10 Specifically talking about -- Yeah, back 11 as data was emerging, uh-huh. You know, 12 there were different things that were 13 being alleged and -- 14 Q. 15 What were they, Mr. Brown? Well, one incident was the Japanese 16 situation where I believe it was rice 17 oil that was contaminated. 18 Q. And when did you learn about that? Was 19 that in *75? 20 A. That would perhaps have been earlier 21 than *75. I don't remember. But 22 somewhere in that era. 23 0. And what happened there? Do you know? 84 3/31/2004 9:05 AM 83 8/31/2004 9:05 AM 85 ADAD21-003629 HARTOLDMON0033585 4/21/1998 Brown, Jerry; Mere Hill 8 Q. 9 A. 10 Q. 11 A. 12 13 Q. 14 15 A. 16 Q. 17 18 19 A. 20 Q21 22 23 I don't remember the details. Was there some harm that came to humans at that time? There was some harm that was thought to come from PCBs but then later proven to be from other impurities that were in that particular system. Is that what you understood? Yes. And who did you understand that from? Different publications that I've read over the years. Did anybody in particular at the company tell you those things? Not that I can specifically remember. Did you know of any other problems that were associated with human exposure to PCBs either on a chronic or acute basis? No. And that was your understanding of the only study that had been done by anybody that indicated there might be some harm that was caused by PCBs to people? /31/2004 9:05 AM 4/21/1998 Brown, Jerry; Mars Hill Well, you know, I did a lot of my own, 2 observations with people who worked in 3 it for fifty years. And without any A ever obvious or known health problem 5 whatsoever, I've worked in it myself. I 6 have had it all over my hands day after 7 day for many days, never had any health 8 problem whatsoever then or now. 9 Q. Did you know of any other studies that 10 might have been done? Did anybody ever 11 tell you about any studies that Monsanto 12 had done that indicated it might cause 13 some harm to humans, that Monsanto had 14 actually paid for? 15 A. No. 16 Q. Did Mr. Papageorge ever tell you, 17 Mr. Brown, we have done a study and it 18 indicates there is a potential harmful 19 effect to humans, liver disorders, 20 intellectual impairment, impairing the 21 immune system? Did they ever indicate 2 anything like that to you? 23 A. No. 4/21/1998 Brown, Jerry; Mars Hill 8 9 010 A. 11 Q. 12 13 14 15 16 A. 17 0. 18 19 20 21 A. 22 23 Q. I've heard that chloracne is a problem that has happened with people with PCB exposure. It usually clears up. Was Mr. Elmer Wheeler working with the company when you first went there? I know the name, and that's the extent of it. Uacn' V H & ani the medical department? I think so. but you know -Did you ever communicate with him about the potential harm or did he ever communicate with you as a chemist here at the plant about the potential harm PCBs might cause human beings? I've never talked to Mr. Wheeler. Do you know whether the regulatory agency, EPA, or the U.S. Government ever outlawed or made this a regulated toxic chemical compound? It was regulated as part of the TOSCA regulations in '77, as I remember. '77? 8/31/2004 9:05 AM 4/21/1998 Brown, Jerry; Mars Hill 1 A. Uh-huh (indicating yes). 2 Q. Did that have anything to do with -- 3 A. *77, '78, in that era. 4 0 Do you know whether that had anything to 5 do with the closing of the production 6 facilities here? 7 A. The facilities were closed here because 8 we learned it was stable in the 9 environment. 10 Q. And potentially contaminating the 11 environment? 12 A. Well, if it is stable in the 13 environment, that means it is not being 14 degraded in the environment and can stay 15 around for long periods of time. 16 Q. And might have a harmful effect on 17 people? 18 A. I've never known of any harmful effects 19 documented. 20 Q. And that is your position? 21 A. Yes, it is. 22 Q. Okay. 23 A. I know personally somebody that started 6/31/2004 9:05 AM 87 8/31/2004 9:05 AM 4/21/1998 Brown, Jerry; Mars Hill 1 off working in 1929 and worked in the 2 operation fifty years or forty-five to fifty years. Q One man? A. He is ninety-six or seven now. 6 0. As a scientist, as a chemist - 7 A. But there are a lot -- 8 Q. -- you don't understand that to be a 9 basis for making a statement that it is 10 not harmful, is it? 11 A. But there are many others also. 12 Q. You haven't done any scientific testing 13 of that -- 14 A. Me personally, no. 15 Q. Okay. Tell me if you know of any 16 products that were removed from the 17 market and y'all stopped production of 18 here in Anniston because of a problem 19 not only with PCBs but with other kinds 20 of byproducts in the '70s that y'all 21 stopped producing. 22 MR. PECK: Monsanto's Anniston 23 plant? n. 2 3 4 5 6 7 10 11 A. 12 13 14 15 16 17 Q. 18 19 A. 20 21 22 23 4/21/1998 Brown, Jerry; Mars Hill Oka'7. Do you know of any studies or tests -- Did anybody share with you any studies or tests that came out of Sweden or California at that time in the '70s? If I read those at that point in time, I simply can't remember any details of it. When if you recall, Mr. Brown, did y'all next have problems with PCB contamination at the Monsanto plant that you were involved in personally? Well, the question arose when the Soil Conservation Service was preparing to dredge Choccolocco Creek. And we were approached about consulting with them on the proper disposal of the dredge material. Why would they consult with you, Mr. Brown? Because the regulatory agencies, ADEM at the time, had told them that they needed to learn the PCB concentration in sediment they might remove for proper disposing of that sediment. 1/31/2004 9:05 AM 4/21/1998 Brown, Jerry; Mars Hill 1 MR. STEWART: Yes, at the Monsanto 2 Anniston plant. 3 MR. PECK: PCB? 4 MR. STEWART: A PCB type product, 5 yes. 6 Q. That y'all removed from the market. 7 A. We were making chlorinated terphenyls. 8 Q. What is that? 9 A. Well, that is exactly what it is. I 10 don't mean to be short, but it is 11 chlorinated terphenyls. 12 Q. What was it used for? 13 A. I did not know the marketplace. 14 Q. So you don't know what the product was 15 used for? You just knew what you were 16 making? When was it discontinued? 17 A. As part of the same -- within a year of 18 the PCBs, '72. 19 Q. Okay. Do you know why it was 20 discontinued? 21 A. Well, the -- The concern about the same stability in the environment concerns that applied to PCBs. 90 8/31/2004 9:05 AM 4/21/1998 Brown, Jerry; Mars Hill 1 Q2 A. 3 Q. 4 5 6 A. 7 9 10 11 12 13 14 15 16 17 18 A. 19 20 21 22 Q23 So they came to y'all based on -- On the requests of ADEM. And who at ADEM had requested the Soil Conservation people come talk to you all? I can't specifically name the person but, you know, this led to a series of meetings between ADEM, Soil Conservation and us. And it seems like Bill Lott might have been involved, and Charles Horn. When did that take place? I want to say '83-ish. Bill Lott and Charles Horn recommended that the Soil Conservation people meet with y'all about dredging activities in Choccolocco Creek? Yeah. They request that they consult with us about testing and proper disposal of dredge material that may be removed. What contaminant was there that y'all had the expertise in? 92 8/31/2004 3:05 AM 91 8/31/2004 9:05 AM 93 ADAD21-003631 HARTOLDMON0033587 4/21/1998 Brown, Jerry; Mars Hill 1 A. PCB. 2 Q. Tell me if you would if they had done some testing and found some PCBs in the soil and sediment in Choccolocco Creek. A. I don't remember if they had or not. Q. Why is it that they thought there was that substance there? well -- 9 10 11 12 13 Q. MR. PECK: Wait a minute. Object to the form of the question, calls for speculation as to what they thought. Go ahead. Go ahead, Mr. Brown. 14 A. Well, the agencies knew and had 15 documented that this was a PCB 16 manufacturing plant. That was no 17 secret. It had been well communicated. 18 The fact that downstream is the water 19 discharge from this plant was well 20 documented. 21 Q. So that is where it came from, from your 22 plant? 23 MR. PECK: Object to the form of 4/21/1996 Brown, Jerry; Mars Hill 2 A. 3 4 5 Q. 6 A. 7 8 9 Q. 10 A. 11 Q. 12 13 A. 14 Q. 15 16 A. 17 18 19 20 21 22 Q. 23 A. Well, ADEM, Soil Conservation, us, and then the group who had the expertise in doing this kind of work. Who w-as that? It was a group out of our environmental sciences group in either St. Louis or Dayton. I can't remember. That is Monsanto's environmental group? Yes. And was the testing actually done there at Choccolocco Creek? Yes, it was. And what determination or findings were made? It was found that the levels in the sediment were generally ten and below and diminished on downstream. MR. PECK: Ten parts per million? THE WITNESS: Ten parts per million. That's what y'all found? That's what the study found. 1/31/2004 9:05 AM 4/21/1996 Brown, Jerry; Mars Hill 1 the question. 2 Q. That's what you are saying, isn't it? 3 A. What I'm saying is the potential was 4 there that needed to be investigated. 5 Q. Okay. The potential are you talking 6 about -- 7 A. That the sediments could contain PCBs. Q. That came from Anniston's Monsanto 9 plant? 10 MR. PECK: Object to the form of 11 the question. 12 Q. Is that right, Mr. Brown? 13 Yes. That's what I've said. 14 Q. Did y'all make the determination and did 15 the agency make the determination that 16 in fact the PCB contamination had 17 migrated from the plant down to 18 Choccolocco Creek? 19 A. Well, what we did at that time was put 20 together people who were expert in 21 sampling streams, put together a sampling plan for Choccolocco Creek. Q. And who was it that was a part of that 94 8/31/2004 9:05 AM 4/21/1998 Brown, Jerry; Mars Hill 1 Q. 2 A. 3 Q. 4 5 A. 6 Q. 7 8 9 A. 10 11 Q12 13 A. 14 15 Q. 16 A. 17 Q. 18 19 A. 20 21 22 23 I mean, it was Monsanto's study? It was a joint study. Between ADEM and Soil Conservation and Monsanto? Right, and was done by the consultants. Went you say consultants -- I understood you to say, Mr. Brown, that these were Monsanto employees. They were, but they were people who had expertise in this area. And who exactly was that that supervised that testing? 1 remember Bill Adams and Tom Hegheem as the two principal. H-o-g-e-m? H-e-g-h-e-e-m, I believe, Hegheem. Okay. And they performed the testing and provided the results to the state? They did the sampling. The protocol was written up specifying exactly what to do. This was agreed to by all parties involved. They came down and executed this protocol. 96 9i> 6/31/2004 9:05 AM 97 ADAD21-003632 HARTOLDMON0033588 4/21/1998 Brown, Jerry; Mars Hill 1 0- And what happened after that? 2 A. The samples were then sent to the 3 laboratory and analyzed and the results generated, which led to another meeting where these results were rouieueri 6 Q. And who was the meeting with where the 7 results were reviewed, Mr. Brown? 8 A. Soil Conservation, ADEM, and us. 9 Q. And what decision was made about the 10 dredging of Choccolocco Creek at that 11 time? 12 A. Well, the regulatory limit as 13 established by the Toxic Substances 14 Control Act that you alluded to earlier. 15 was fifty parts per million. 16 Q. In the soil? 17 A. Didn't matter what it was in. I mean. 18 if it was considered to be -- If 19 anything contained more than fifty parts 20 per million PCBs, it was regulated by 21 TOSCA. If it was below that it was not. 22 Q. And that is what y'all were traveling 23 under? 4/21/1998 Brown, Jerry; Mars Hill i generated when 1-20 was built. And 2 based on the data and based on the 3 regulations and laws in place at that 4 time, that was a perfectly acceptable 5 place lor the disposal oc that 6 sediment. 7 And that is what y'all recommended? 8 MR. PECK: Object to the form of 3 the question. 10 I mean, that was the state of the laws 11 and technology at that time, so, yes. 12 Am I to understand, Mr. Brown, you to be 13 14 go back earlier, y'all had known there 15 was some off migration of PCBs in the 16 water systems here through the drainage 1 7 and ditches and into Snow Creek as early 18 as the '70s, didn't you? 19 Yes. 20 And now here we are in the '80s and it 21 has migrated -- How many miles away 22 would Choccolocco Creek be from the 23 plant? B/31/2004 9:05 AM 4/21/1998 Brown, Jerry; Mars Hill 1 A. That was the reg. That's a law, yeah. 2 Q. And what would you do if it was more 3 than fifty parts per million? 4 A. The sediments would have been landfilled 5 in a PCB approved landfill. 6 Q. But you found none that were above that 7 level? A. That's correct. The average was less 9 than ten, as I remember. 10 Q. Average was less than ten? 11 A. Yes. 12 Q. Where all did you sample at that time in 13 the '80s, just Choccolocco Creek? 14 A. For that study, yes. That was 15 specifically for the dredging program 16 that SCS was proposing on Choccolocco 17 Creek. 18 Q. What recommendations were made at that 19 time? 20 A. The recommendation was made that -- 21 their questioning at the time was whether or not the sediments could be placed in borrow pits that were 98 8/31/2004 9:05 AM 4/21/1998 Brown, Jerry; Mars Hill 1 A. Three to four. 2 Q Three to four miles from the plant? 3 A. Yes, about four miles. 4 Q. Okay. And it was found in levels 5 down -- Was any fish testing done at 6 that time? 7 A. Ho. 8 Q Was there not some testing of fish being 9 done by the conservation department and 10 the state in the '80s? 11 A. I'm sure there was. I mean, that is 12 their job, and I'm sure there was some 13 done. 14 0. Wasn't there some concern about the 15 capabilities of allowing people to 16 continue to fish and to use that 17 facility down there for that purpose 18 down there in the '80s, Mr. Brown? 19 I don't know. I mean, I wasn't involved 20 in those discussions, so you now, I do 21 not know. 22 0. Well, do you not recall the Attorney 23 General of the State of Alabama becoming 100 8/31/2004 9:05 AM 8/31/2004 9:05 AM 101 ADAD21-003633 HARTOLDMON0033589 4/21/1998 Brown, Jerry; Mars Hill A. Q. 5 6 7 A. 9 Q. 10 A. 11 12 Q. 13 14 15 A. 16 Q. 17 18 19 20 21 22 23 concerned about PCBs and contamination of Logan Martin Lake in the '80s? Yes. Didn't that happen about the same time that y'all were talking about the dredging in Choccolocco Creek? That happened in the year or two after that, as I recollect. Weren't you involved in that? Yes. I was involved in the next step, which was done on Snow Creek then. Why was a study done on Snow Creek, the next study, Mr. Brown? What particular problem were you looking for, PCBs? Yes. Is it not a fact, Mr. Brown, that the fish -- levels in the fish that were found in the mid '80s were above what was the recommended levels, Mr. Brown? MR. PECK: Object to the form of the question, lack of foundation. I don't know. 4/21/1996 Brown, Jerry; Mars Hill 1 investigated and found a pcb discharge 2 coming out of that. And I don't mean 3 parts per million. I mean pure stuff. 4 And the guy who owned the facility said, 5 "Well, if you think I have a problem, 6 you need to look at Monsanto." And that 7 of course -- The Attorney General I 8 think filed an injunction or whatever 9 against that company, and that problem 10 was eventually resolved. 11 And then that led to them doing 12 some screening samples up Snow Creek 13 that they approached us about, which 14 then led to another study that was done 15 on a segment of creeks that was defined 16 by their screening study. And when I 17 say that, that screening study, they did 18 some scoop tests to define an area that 19 needed to be tested further. 20 And that testing then -- The 21 protocol was put together for that, and 22 then that was carried out. That was 23 again a multi-agency effortinvolving 1/31/2004 9:05 AM 4/21/1998 Brown, Jerry; Mars Hill You don't have any idea? No. I mean, I don't know. Well, is it not fair to say just historically, so we get the record straight, that Choccolocco does spill into or pour into Logan Martin Lake? Am I not correct about that? 8 A. Yes. 9 Q- And there was a PCB problem in the lake 10 that the Attorney General was worried 11 about in the mid '80s, Charlie Craddock? 12 MR. PECK: Object to the form of 13 the question. 14 A. You know, the PCB problem that I 15 remember in the mid '80s was 16 precipitated by a discharge into Snow 17 Creek that was discovered by the state 18 and reported. 19 e. Okay. 20 A. From a different facility. 21 Q- Tell me about that. 1 A. Well, they noticed an oily discharge out of a facility on Snow Creek and 102 8/31/2004 9:05 AM 4/21/1998 Brown, Jerry; Mars Hill three groups, EPA out of Atlanta, two sections of ADEM, and a representative from the Attorney General's Office. And did you participate with that group? Yes, I did. Who was the representative out of the Attorney General's Office? 8 A. Gary Allen was the field representative. 9 Q- Okay. Who represented ADEM? 10 A. I believe Bill Lott did, represented the 11 what water group, and then they had 12 somebody else that represented the solid 13 waste group. And I don't remember who 14 that would have been. 15 Q. Okay. And who all from the community 16 was involved? What city officials, what 17 county officials were involved, and what 18 state health people were involved. 19 Mr. Brown? 20 A. Well, we had the three groups from EPA, 21 the two from ADEM, the Attorney 22 General's Office and us, and that was 23 the involvement as I remember. 104 8/31/2004 3:05 AM 103 8/31/2004 9:05 AM 105 ADAD21-003634 HARTOLDMON0033590 4/21/1998 Brown, Jerry; Mars Hill 1 Q. There weren't any local officials 2 involved? 3 A. No. i Q. Did you talk to anybody with the engineering department of the City of 6 Anniston? 7 A. We did as this progressed, yes. 8 Q. Who did you talk to there? 9 A. I think Don Warden. 10 Q- And what did you talk to Don Warden 11 about? 12 A. I talked to him about the fact that we 13 were looking at dredging, removing some 14 sediment from a section of that stream 15 or tributary. 16 Q. A section of Snow Creek? 17 A. A tributary, yes. L8 Q. And did you get permission from him to 19 do that? 20 A. Yes. 21 Q- And was that in writing? 22 A. 1 don't remember. 23 Q. Did you participate in the conversations 1/31/2004 9:05 AM 4/^1/1998 Brown, Jerry; Mars Hill 1 with him? 2 A. Yes, I did. 3 Q. What exactly was Mr. Warden told? 4 A. We had maps where we had done samplings 5 and had generated sediment 6 concentrations of PCBs. 7 Q- What were those levels? 8 A. They typically ranged from a thousand or 9 thereabouts. 10 Q- Parts per million? U A. Down to four or five, six, seven. 12 something like that. 13 Q. Four or five, six, parts per million? 14 A. Right. 15 Q. But you had readings as I high as a 16 thousand parts per million in the 17 sediment along Snow Creek -- 18 A. A tributary leading to Snow Creek. 19 Q. -- in the mid '80s? 20 A. Yes. 21 Q. Where was this tributary located, east 1 of the plant? ^3 A. Northeast. 4/21/1998 Brown, Jerry; Mars Hill 1 n, Anri whri it- in r-nnnai-einn wi*-h 2 where Bethel Church is and Mars Hill? 3 A. It would have been alongside Bethel but 4 north of Mars Hill. 5 Q. I assume that v'all immeriiafelv called a 6 meeting of the Bethel church, of the 7 community and told them what you found. 8 did you not? 9 A. 10 We met with representatives of the church. 11 Q. Did you tell them what you had found? 12 A. And told them we had discovered sediment 13 samples containing PCBs and that we were 14 entering into what we needed to, a 15 remediation program. 16 Q. Who else did you meet with in that 17 community? 18 A. The land owners of the particular 19 sections of creek there that adjoined 20 that particular stream. 21 Q. And was that the extent of the people 22 you met with? 23 A. Yes. We explained basically what we 8/31/2004 9:05 AM 4/21/1998 Brown, Jerry; Mars Hill 1 proposed to do and needed to get their 2 permission to do it. 3 Q- And what did you do? 4 A. For that upper section there, we removed 5 the sediment and put in a pipe and 6 covered it over. 7 Q. When you say upper section, what are you 3 talking about? 9 A. That would have been a section from 10 Tenth Street to Bethel Church. 11 Q. So you removed the sediment from around 12 -- from Tenth Street to Bethel Church 13 and put a pipe in there? 14 A. That's correct. 15 Q. 16 A. What else did you do? We removed sediment alongside Eleventh 17 Street and the railroad track to just 18 below the confluence with Snow Creek. 19 Q. All right, sir. What else did you do? 20 A. That was the program. 21 Q. What happened to the soil that you 22 removed from the site, Mr. Brown? 23 A. It was stored in a pile in the landfill 0/31/2UU4 y.UD AM ADAD21-003635 HARTOLDMON0033591 4/21/1998 Brown, Jerry; Mere Hill 1 area, sampled to determine -- sampled 2 statistically to determine, according to 3 specified protocols, concentration and then was shipped to Emelle for 5 landfilling. 6 Q. What were the concentrations in the 7 sediment you took out of Snow Creek and 8 Bethel to Tenth Street? 9 MR. PECK: Object to the form. 10 The composite sampling of that was 11 something over fifty parts per million. 12 I don't remember exactly. 13 Q- So in that setting you needed to remove 14 it to someplace like Emelle. That is 15 what y'all were required to do? 16 That's correct. 17 Q- That was true in '85 and would be true 18 in '95, wouldn't it? 19 MR. PECK: Object to the form of 20 the question. 21 For PCB waste today, yes. 22 0. Now, tell me, Mr. Brown, if you can, 23 what y'all found by way of 4/21/1998 Brown, Jerry; Mars Hill Q. So am I to understand that beyond the 2 walls of the concrete culvert -- y'all 3 went beyond that in the sediment that 4 was alongside the ditch there, and y'all 5 6 '80s along that ditch? 7 A. Yes, yes. 8 Q. Aren't those fairly high levels of a 9 thousand parts per million, five hundred 10 and four hundred parts per million? 11 Aren't those considered pretty high 12 levels of PCB in soil, Mr. Brown? 13 MR. PECK: Object to the form of 14 the question. 15 A. It was obviously above the target limit 16 of fifty parts per million that was 17 established as the standard, and that is 18 why we proposed to move that sediment. 19 Q. Am I to understand, Mr. Brown, that 20 y'all had done no monitoring from the 21 time that you all shut down your 22 operation in '74 until this particular 23 matter was brought to your attention by B/31/2004 9:05 AM 4/21/1998 Brown, Jerry; Mars Hill 1 2 3 4 5 A. 6 Q7 9 Q. 10 11 12 13 14 15 Q. 16 17 13 19 20 A. 21 concentrations in the soil that was taken from Tenth to Eleventh. Was it different from the concentrations of PCBs y'all found in - From Tenth to Eleventh? You mentioned that across Tenth Street y'all took some. Yes. What were -- That was primarily a concrete channel, so there weren't sediments in that section that could be sampled. So we had to get out of that concrete channel then to take more sediments. And what kind of concentrations did you find? MR. PECK: On the other side of the concrete channel? MR. STEWART: Yes. A hundred, you know. I remember on the order of a hundred and two hundred parts per million and then diminishing on down to below ten. 110 8/31/2004 9:05 AM 4/21/1998 Brown, Jerry; Mars Hill 1 2 3 4 A. 5 6 Q. 7 8 9 10 11 12 A. 13 14 15 Q. 16 A. 17 0. 18 19 20 21 22 23 the Attorney General and by the state in about 1985? Had y'all done any monitoring of any kind for PCBs? Not in that segment of stream. That's correct. Well, the landfill itself that is south of 202, the water that drains off that landfill went into a stream, or a drainage ditch that ultimately ran into Snow Creek, didn't it, down through the Cobb Town and Sweet Valley Community? Yes, but that landfill had been capped way before that. There was no exposed waste. No exposed waste? No. Well, had y'all not -- Can you tell me then what you are saying? Are you saying it is your contention and the contention of Monsanto at that time that the PCB that was found in the sediment along Snow Creek did not come from the landfill south of 202? 112 e/a1/2004 y:iAM 111 8/31/2004 9:05AM 113 ADAD21-003636 HARTOLDMON0033592 4/21/1998 Brown, Jerry; Mars Hill 1 A. It was expected it had come from 2 discharge 001, which had been monitored and documented in the early '70s. Maybe I misunderstood you. Of course I'm getting older, so mv recollection is not as good as it used to be. But it is 7 my understanding, Mr. Brown, based on what you had previously told me that 9 y'all didn't have a big problem with 10 PCBs in the '70s. Didn't you tell me 11 that earlier? We can go back and look 12 at your testimony, but I thought you had 13 told me that. 14 A. What I had attempted to tell you was 15 there was a known discharge of PCBs that 16 was then stopped and was no longer 17 continuing. 18 Q. But you also told me, I believe, 19 Mr. Brown -- And you correct me if I'm 20 wrong, because I certainly don't want 21 the record to misspeak at this point. 22 But you also told me that y'all had got 23 it down to rather moderate levels, 4/21/1998 Brown, Jerry; Mars Hill MR. STEWART: Let me ask him the 2 question. 3 MR. PECK; He is entitled to 4 answer -- MR. STEWART; I understand that. 6 He is entitled to answer the 7 question, but if he has some 8 confusion about it, I'm g 10 question like I want him to 11 ask him. it is my 12 deposition. If you have an 1 3 obiection, make one. 14 MR. PECK: I am making one. You 15 won't let him answer the 16 question. If you don't let 17 him answer, wp are going to 18 stop the deposition. 19 MR. STEWART: What, now? 20 MR. PECK: If you don't let him 21 answer the question, we are 22 going to stop the deposition. 23 MR. STEWART; No, we are not going 731/2004 9:05 AM 4/21/1998 Brown, Jerry; Mars Hill 1 certainly not anything like a thousand 2 parts -- 3 A. In the water levels, yes. That's in the 4 water that was monitored, yes, exactly 5 right. 6 Q. So are you telling me that the PCB 7 concentrations that you found over there 8 near the Bethel Church came from 9 someplace other than this southern 10 landfill? 11 A. I have no evidence it came from the 12 landfill. We were measuring is -- You 13 are confusing water levels and sediment 14 levels. 15 0. I thought you were talking about 16 sediment levels. 17 A. PCBs are known to attach to sediments 18 and hold themselves. 19 Q- Okay. But it is my understanding. 20 Mr. Brown, that -- 21 MR. PECK: Wait, wait, wait just a 1 minute. Let him answer the question. 114 8/31/2004 9:05 AM 4/21/1998 Brown, Jerry; Mars Hill 1 to stop the deposition. 2 MR.. PECK: We will. If you don't 3 let him answer questions, if 4 you cut him off, we will stop 5 the deposition and get it 6 ruled on. He is entitled to 7 answer the question. 8 MR . STEWART: That is fine. You 9 do whatever you need to do. 10 MR . PECK: What was that? 11 MR . STEWART: I said you do 12 whatever you need to. That 13 is exactly what I said. 14 MR . PECK: I just didn't hear you. 15 MR . STEWART: I just want to make 16 sure you understand that. 17 MR . PECK: I understand you. 18 Q- Tell me if you weren't talking about 19 sediment levels or levels in the soil, a 20 thousand parts per million, or as much 21 as four ihundred or five hundred parts 22 per million across Tenth Street when you 23 were talking about testing you did in 116 6/31/2004 9:05 AM 115 8/31/2004 9:05 AM 117 ADAD21-003637 HARTOLDMON0033593 4/21/1998 Brown, Jerry; Mars Hill 1 1985? Is that not correct? 2 A. I was talking about sediments. 3 Q. Along the ditch? A. Yes. 0. So we are not talking about apples and apples. Did you do any sediment testing in 1971 or '72, or were you talking about water? 9 I was talking about water, the water 10 being discharged from the plant. 11 So it is your testimony that to your 12 knowledge there were no sediment tests 13 done in 1971 and *72 by this lab? 14 I'm sure some were done. 15 Do you know - 16 But the concern in 1972, if I may 17 explain a little bit -- 18 Okay. All right. 19 Was -- There was a water stream that 20 left the manufacturing unit and had for 21 many, many years. And that water stream 22 in the 1969 to '70 era, we quantitated 23 and learned how much PCB was in that 4/21/1998 Brown, Jerry; Mars Hid 2 3 4 5 6 7 8 9 A. 10 11 12 13 14 15 Q. 16 17 18 19 A. 20 Q. 21 22 23 trying to find out how much PCBs came off the plant site itself in water discharge. But were there not some sampling Choccolocco Creek at that same time in the '70s and the Logan Martin Reservoir in the '70s by these same lab people? In fish. veS; I remember. In water, I don't remember. So you are saying there were some fish sampling done to your knowledge in 1971 and '72, along in that same period? Yes, yes. But would that not be -- Because of the potential migration of PCBs from the plant site to Snow Creek to Choccolocco Creek to the reservoir? Yes, yes. And were there not some findings at that point in time that indicated a significant problem with PCBs in the lake? And at that time, I mean '71, '72 ^31/2004 9:05 AM 4/21/1998 Brown, Jerry; Mars Hill 1 water stream. The entire thought 2 process was to stop that discharge from 3 that water stream. That was done, as demonstrated by 5 testing for some period of time after 6 the plant was shut down. Okay. 7 I'm sure simultaneously during 8 that period of time some sediment 9 testing was done. I don't know what the 10 data were. I wasn't a part of it. 11 However, the fact that PCB in a 12 sediment in 1985, the reason -- The bad 13 thing about PCB, as I stated earlier, 14 was its stability in the environment. 15 And when it hooked onto something, it 16 stayed there. 17 So if I understand your statement to me, 18 what you were trying to tell me a minute 19 ago -- And I did cut you off, and I 20 apologize to you. But what you were 21 trying to tell me a minute ago was the testing y'all did around the plant was for water discharge, and y'all were 118 8/31/2004 9:05 AM 4/21/1998 Brown, Jerry; Mars Hill 1 2 3 4 A. 6 7 Q. 8 9 10 11 12 13 Q. 14 15 16 17 Q. 18 19 20 21 22 23 period. MR. PECK: Object to the form of the question, lack of foundation. I don't remember specifically anything about the lake. Okay. Well, I don't want to rehash that information, but I thought we had gone over that there was some problem earlier that you were familiar with. Choccolocco ties into the lake, and there was some connection there. And there was some potential problem at that time that you remember. Am I correct or incorrect? Yes. So it should not have been a surprise to you, Mr. Brown, nor to anybody at Monsanto that y'all found this problem in 1985, was it, at Snow Creek, whether it was Bethel or across the road from Tenth to Eleventh Street there in Snow Creek where you had to remove sediment, 120 8/31/2004 3:05 AM 119 8/31/2004 9:05 AM 121 ADAD21-003638 HARTOLDMON0033594 4/21/1998 Brown, Jerry; Mars Hill if vnij had a nrob 1 sip. in the '70s as fair down the creek as where it enters Choccolocco and possibly even with the Logan Martin Reservoir? It wouldn't 5 have been a surprise to you,- would it? 6 A. The fact PCBs were present, that was not 7 a surprise, no. 8 Q. And what information did you provide to 9 -- other than to Don Warden -- to the 10 local city and county officials about 11 the problem y'all had found there? Any? 12 Do you recall any? 13 A. We talked to, along with Don Warden -- 14 who -- I can't remember if it was the 15 mayor or city manager at that time, but 16 those two. 17 Q. What testing did you do beyond just the 18 testing there along the creek bank, any? 19 Not as part of that testing, no. 20 Q. Did you do any beyond the creek bank? 21 A. No. 22 Q. Mr. Brown, you were familiar with the 23 PCB production area, weren't you, when 4/21/1998 Brown, Jerry; Mars Hill 2 3 A. 4 6 A. 7 Q. 8 A. 9 Q. 10 11 12 13 A. 14 Q. 15 16 A. 17 18 Q. 19 20 21 A. 22 23 were to be washed or cleaned? Well, laundry was done. It has always been done on work clothing. Was that done on the plant site? It is done by a commercial - Off the plant site? Uh-huh (indicating yes). Was there anv special precaution taken with clothing that one might wear who worked in a -- a worker who worked in the PCB area? No. What about eating food around the PCB area? Was that allowed? Well, we had lunchrooms next to the control rooms. But were they right at the production site, or were there any special precautions taken? Yes. They were right -- I mean, if this were the production site, and this was the control room, it typically was done m1/31/2004 9:05 AM 4/21/1998 Brown, Jerry; Mars Hill 1 the plant was operating? 2 A. Yes. 3 Q. You were there and observed it? 4 A. Yes. 5 Q. Didn't y'ali have some rules and 6 regulations that y'all went by in 7 connection with that production as far as clothing that people had to wear? 9 A. Well, it doesn't matter where you work, 10 safety shoes, hard hat, and safety 11 glasses were required. 12 Q. Did you not have some special kind of 13 clothing that one had to wear if they 14 went in the PCB production area? 15 No. 16 Q. You don't recall having your workers 17 wear a specific kind of boots or a 18 special kind of clothing? 19 No. I didn't. I mean, we had -- We 20 have standard plant-issued uniforms that are clothing that people wear regardless of where they work. Q. Were there any special instructions 122 8/31/2004 9:05 AM 4/21/1998 Brown, Jerry; Mare Hill 1 2 0. 3 4 5 6 7 8 A. 9 10 11 Q. 12 A. 13 14 Q. 15 16 17 18 19 20 21 22 23 in the control room (indicating). Did Monsanto say to workers that it was all right for them to eat in the production area? I mean, did you have to eat in the control room, or could you eat in the production area where PCBs were produced, eat meals? Well, eating in the plant, normally you want to sit down to eat. And that is a place -- I'm talking about - You know, a place to sit down was provided. But I'm talking about did y'all -- If Mr. Papageorge or somebody of his ilk said y'all took special precautions to protect workers by way of clothing or where they could eat around PCB production, are you saying that wasn't carried out here at this plant? MR. PECK: Object to the form of the question. It is improper, asking him to 124 8/31/2004 9:05 AM 123 8/31/2004 9:0SAM 125 ADAD21-003639 HARTOLDMON0033595 4/21/1998 Brown, Jerry; Mars Hill 1 comment on the testimony of 2 another. A. You know, what is considered special to one person is subject to, you know, personal opinion- We provided eating 6 areas in all areas of the plant. 7 So there weren't any special precautions? But the fact -- We provided clothing and 10 laundry for everybody in the plant, n special compared to somebody doing a job 12 someplace else. But you know, it was 13 not necessarily -- You know, for 14 somebody who worked in a facility like 15 that, I wouldn't consider it special. 16 It is routine. It is the way things are 17 done. 18 Q. So there wasn't anything unique about 19 the kinds of things y'all did for PCB 20 production as opposed to what you would 21 do for production of any other product 22 you make at the plant? 23 A. Well, you have to consider we were 4/21/1998 Brown, Jerry; Mars Hill method that you suggested that GE or 2 Westinghouse use to deal with using PCBs 3 in either loading or unloading or using 4 them in the production process? See, we had group a vf people whose responsibility it was to take care of 1 that kind of thing. I never was 8 involved in that. 9 Q. 10 the product having some kind of 11 particular warning document that was 12 attached to it when it left the plant to 13 tell them about the notential hazards of 14 PCBs and what they might expect or how 15 they would treat it? Do you remember 16 that? 17 A. I'm sure that was the case, but I can't 18 remember specifically what it was. 19 Q. Do you remember what the general area 20 was like, the residential area? Were 21 there people located to the west of your 22 plant and to the north of your plant who 23 lived in houses, trailers, that kind of C/31/2004 9:05 AM 4/21/1998 Brown, Jerry; Mars Hill making parathion. And parathion was considered to be extremely toxic. And there were no known toxicity hazards associated with PCBs at all. 5 0- So y'all didn't -- 6 A. And so the real concern in our plant was 7 more on parathion than it was PCBs. 8 Q. Okay. Wow, were you familiar with the 9 outlying areas -- As head chemist here 10 at this particular time, were you 11 familiar -- Before we get to that, let 12 me withdraw that and ask you. Were you 13 familiar with the warning labels y'all 14 used with the PCBs that you attached to 15 the product itself when it left the 16 plant and went to, say, GE or someplace 17 like that for putting in transformers or 10 whatever? 19 A. Well, if you ask me what that had on 20 there, I couldn't say. But if I saw 21 one, would it ring a bell from years past, it probably would. .3 Q. Do you recall if y'all had a particular 126 8/31/2004 9:05 AM 4/21/1998 Brown, Jerry; Mars Hill 1 situation? 2 A. Yes. 3 Q. Was that true in the '70s and '80s that 4 we have talked about? 5 A. Yes. 6 Q. And were there people who lived in Cobb 7 Town and Sweet Valley in houses and 8 trailers and that type of facility in 9 that same period of time? 10 A. Yes. 11 0. And do you recall, Mr. Brown, whether or 12 not those people either to the west of 13 the plant site here in Anniston or to 14 the south -- there were people located 15 to the south across the road, weren't 16 17 A. there, residents over there? Yes. 18 Q. Do you remember whether or not any of 19 those people in any of the areas I have 20 mentioned, north, south, west, and east 21 of the plant, raised gardens? 22 A. Yes. 23 Q. And can you tell me whether or not they 128 o/aw^uu4 :usam 8/31/2004 9:05 AM 129 ADAD21-003640 HARTOLDMON0033596 4/21/1998 Brown, Jerry; Mars Hill cattle or anything like that? I don't remember any cattle. I remember a few chickens, and I have heard of Okay. In that area? Uh-huh (indicating yes). Now, were you told by either Mr. Wheeler 9 or anybody with the medical department 10 of Monsanto, Mr. Papageorge or anybody 11 in his category, that there might be a 12 particular problem with someone who 13 raised a garden in an area where PCB 14 contamination might exist? 15 No. 16 Were you ever told about cattle or hogs. 17 where some problem might exist with the 18 people who ate those particular kinds of 19 meats in an area that might be 20 contaminated by PCBs? 21 A. I never had any particular direct 22 instructions, but it is -- being a 23 chemist, I know it is simply not good 4/21/1998 Brown, Jerry; Mars Hill Well, as it moves up the food chain does it become more and more concentrated? Is that part of that biomagnification, Mr. Brown? Well, that particular molecule uoesn't, but if you keep bringing it in, it becomes more concentrated. Do you understand that PCBs settled in 4.-4V.W.o 4. J. 4- i W*, r- n, f -w HWD Wv* 10 perhaps a cow if they are eating 11 contaminated material? 12 In theory it would go in the fatty 13 tissue. 14 Do the same thing in plants, certain 15 plants? 16 Plants don't have fatty tissue. 17 Q. But does it concentrate in those? 18 A. I have never seen any document of any 19 uptake in plants. 20 Q. You don't understand it to become 21 biomagnified in plants? 22 A. No. 23 Q. Now, tell me if you would if there was fi/31/2004 9:05 AM 4/21/1998 Brown, Jerry; Mars Hill 1 practice that you want to eat in areas 2 where various chemicals may be. 3 Q. Which would include PCBs? 4 A. Yeah. 5 Do you know the term and did anyone 6 share with you the term 7 "biomagnification"? 8 Yes. 9 0- When did you learn about that? 10 During the development of the knowledge n on DDT and PCBs and those kinds of 12 materials that were determined to be 13 stable in the environment. 14 Q. So that would have been sometime in the 15 '70s that you began to understand that? 16 A. Yes. 17 Q. Can you tell me what your understanding 18 is of biomagnification? 19 A. It is a matter of things that are stable 20 that could perhaps be picked up in one 21 part of the food chain, could be transmitted to the next segment of the food chain. 130 8/31/2004 9:05 AM 4/21/1998 Brown, Jerry; Mars Hill 1 any warning ever issued from the '70s to 2 those who might be eating cattle or when 3 you had the information about the PCB 4 contamination -- Was there any warning 5 issued to any resident of Cobb Town or 6 Sweet Valley or anybody who happened to 7 live in the west of the plant or north 8 of the plant or south of the plant? Did 9 y'all ever issue any warning to anybody 10 about the particular health hazards? 11 A. You said cows. I don't remember any 12 cows in that area. 13 Q. Well, hogs? 14 A. I don't remember anyspecific warnings. 15 Q. None at all? 16 A. Not that I was a part of or knew of. 17 Q. I'm talking about any that would emanate 18 from the Monsanto Chemical plant here in 19 Anniston that might have gone to anybody 20 in that area, and from anybody in the 21 plant, either a plant manager or 22 somebody like Robert Jones or anybody 23 like that. 132 8/31/2004 9:05 AM 131 8/31/2004 9:05 AM 133 ADAD21-003641 HARTOLDMON0033597 4/21/1998 Brown, Jerry; Mars Hill 5 6 7 8 Q. 9 10 A. 11 Q. 12 13 14 A. 15 16 Q. 17 18 A. 19 Q. 20 21 A. 22 23 MR. PECK: Talking about -- MR. STEWART: I was talking about somebody of his ilk or somebody who might be over him. 1 think he mentioned a Mr. Bell who I think was head chemist at one point in time. Do you remember any of them ever issuing any warnings about PCB contamination? Not that I'm aware of. Do you ever remember Monsanto buying cattle or hogs from a particular individual in the '70s or '80s? I've heard the story of some pigs or hogs being purchased. Do you remember when that was or when that supposedly took place? I would guess in the '71 era. And do you remember why the hogs were purchased? One reason is because they were squatting on the land, on Monsanto-owned land. And it was a way of -- the 4/21/1998 Brown, Jerry; Mars Hill 1 A. 2 Q. 3 A. 4 Q. 5 6 7 A. 8 Q. 9 10 11 A. 12 13 14 15 Q. 16 17 A. 18 19 Q. 20 A. 21 22 23 Q. nh--huh (indicating yes). Is that where 202 went through there? Yes. Can you tell me the name of the individual from whom the hoos were purchased? No, I do not know. And the concern was that they might be contaminated with PCBs at that time, correct? I mentioned two. One, squatting on the land, and the other was a question or concern of whether or not there was any potential for contamination. Now, who instructed -- who actually made the deal from Monsanto? Well, it is my understanding that Mike Mullally did. Who was Mike Mullally? He was, as I remember, a shipping supervisor in charge of all truck movement in the plant and shipments. All right. And who had instructed him |fi/31/2004 9:05 AM 4/21/1998 Brown, Jerry; Mars Hill 1 easiest way of getting the hogs off the 2 land. 3 Q. Was there not some problem about the 4 meat being potentially contaminated by 5 PCBs, Mr. -- 6 A. Well, you know, there might have been a 7 concern of whether north -- or a question. And to eliminates any 9 question, the hogs were purchased and 10 done away with. 11 Q. Okay. Tell me if you would where those 12 hogs were located there. When you say 13 on Monsanto land, where is the land that 14 we are talking about that you purchased 15 the hogs? 16 A. Well, it is -- Of course, I never went 17 there. So all l can tell you is my 18 understanding. But basically a section 19 of woods that would have been just 20 immediately north of what is known now 21 as the south landfill. Q. So immediately north of the south landfill? 134 8/31/2004 9:05 AM 4/21/1998 Brown, Jerry; Mars Hill 8 Q. 9 10 A. 11 12 Q. 13 14 15 16 17 18 19 20 21 22 23 to do that? He didn't take it on himself to do it. Who instructed him to do that, Mr. Brown? I don't know. I never did know. Who was plant manager? I guess Bill Papageorge was still plant manager. Would Mr. Papageorge have been involved in that? He may or may not have been. I simply don't know. What warning was given to the person from whom the hogs were purchased? Was there any statement made to him to your knowledge that your hogs may be contaminated with PCBs? It was my understanding that he had to search out who owned the hogs. And in going through the community to find out who owned the hogs, there was some discussion that there may be some contamination and we need to get rid of that. 136 0/31/2004 y:utj AM 135 8/31/2004 9:05 AM 137 ADAD21-003642 HARTOLDMON0033598 4/21/1998 Brown, Jerry; Mars Hill 1 O. Was there any specific reference to that 2 concern expressed -- And this was in the '70s, '71, '72, period. Was there any particular concern expressed at all by either Mr. Papageorge or this fellow 6 Mike -- 7 A. Mullally. 9 Q. How do you spell that last name? 9 A. M-u-l-l-a-l-l-y. 10 Q- Was there any concern expressed by them 11 to the owner or to the community that 12 y'all had some kind of written record of 13 about PCBs in the area? 14 A. I don't know of a written record. 15 Q. So it is just your surmise that this 16 might have been said? 17 A. Well, like I told you when this 18 questioning started, I don't have 19 personal knowledge of this. All I know 20 is what I was told transpired at that 21 point in time. 22 Q. Who told you that? 23 A. Mike, and I think EugeneWright was 4/21/1998 Brown, Jerry; Mars Hitt A. I can't remeiuuer chickens, you know, in 2 the west area I remember -- particularly 3 northwest I remember some chicken pens. 4 Q. Any of that poultry bought? 6 Q. 7 9 10 11 12 13 14 15 16 17 A. 18 19 Q. 20 21 22 A. 23 Was there any garden produce bought by Monsanto during this period of time? Pertaining to PCBs, no. Pertainin'* to anythin**, Mr. Brown? Well, as we go into the *74, '75, '76 era, we had an air pollution problem caused by sulfur dioxide that from time to time could do some vegetation damage in gardens. And when that damage occurred, the people were paid for -- Taking their garden out? They were paid for the damage to the plants. Okay. Well, was there anything in connection with PCBs, any purchases of garden plots or plants? I have never known any association of PCBs with gardens. All the data I've J/31/2004 9:05 AM 4/21/1998 Brown, Jerry; Mars Hill 1 involved in it. 2 Q. So there is no doubt in your mind that 3 it happened? 4 A. I have no reason to believe it didn't 5 happen. 6 Q. And the concern expressed was -- There 7 is no doubt that those were the concerns 8 they had when they bought them? 9 A. Whether there would be contamination and 10 squatting on the property. 11 Q. Could be PCB contamination and squatting 12 on the property; is that right? 13 MR. PECK; Object to the form of 14 the question. 15 A. Yes. 16 Q- Now, was there any other actions taken 17 by Monsanto to purchase anybody else's 18 livestock or produce in the Cobb Town or 19 Sweet Valley area or area west of the 20 plant or north of the plant? There were 21 chickens in that general vicinity there 1 near the plant all the time, wasn't .3 there? 138 8/31/2004 9:05 AM 4/21/1998 Brown, Jerry; Mars Hill 1 2 3 G4 5 6 7 A. 8 Q. 9 A. 10 Q. 11 A. 12 13 14 15 0. 16 17 18 A. 19 20 21 22 23 seen I've never known of any uptake or any concern at all with gardens. Tell me if you would, Mr. Brown, while you were doing the sampling in the '70s and doing the sampling in the '805, did you in fact do any air sampling? Did a tremendous amount of air rates. For PCBs? No, for sulfur dioxide. I'm talking about PCBs. No. Well, you said air sampling. But air sampling for PCBs, other than the workplace prior to the closure of the plant, no. Now, how did you do the air sampling for the workplace prior to the closure of the plant, Mr. Brown? Again, this was technology that had to be developed, and that kind of technology back in those days, today we would consider it quite crude. It was through a series of scrubbers and then that followed by GCF analysis. 140 8/31/2004 9:05 AM 8/31/2004 9:05 AM ADAD21-003643 HARTOLDMON0033599 4/21/1998 Brown, Jerry; Mars Hill 1 O. What is GCF? 2 A. Gas chromatography. 3 Q. So you used gas chromatography to test \ what you found in your structure? 5 A. Right. 6 0. When did y'all perform those tests? 7 A. Well, prior to the closure of the plant. 8 Now, I don't know exactly when it 9 started. 10 Q. Would it have been as early as the late 11 '60s? 12 A. Perhaps starting in '69, '70. 13 Q. And continued until you closed that 14 plant down in '71? 15 A. *71. 16 Q. Do you know or remember what the 17 findings were? 18 A. No. 19 Q. Were the levels fairly significantly 20 high or low, or do you have any idea? 21 A. They were low. 22 Q. What were they? 23 A. I don't know. 4/21/1998 Brown, Jerry; Mars Hill 1 A. No. 2 Q. Do you know whether or not after that 3 air testing was done for PCBs in 1970 -- 4 say maybe the late '60s up through '71, 5 did y'aii do any testing in the '70s by 6 air for PCB? 7 A. After the plant was closed? e Q- Yes? 9 A- No. 10 G11 A. Did you do any in the '80s? No. 12 Q. Did you do any in the '90s? 13 A. Well, I have seen your monitors and some 14 of the others floating around. 15 Q16 You have seen our monitors. Are you talking about the one at Carter Street 17 and on top of Mars Hill? 18 A. Uh-huh (indicating yes). 19 Q. Tell me if you would if you know of any 20 others out there, Mr. Brown, that are 21 monitoring the air. 22 A. I don't know of any. 23 Q. Well, have you seen -- I mean, with the /31/2004 9:05 AM 4/21/1998 Brown, Jerry; Mars Hill 1 Q. How do you know they were low, 2 Mr. Brown? I'm just curious. 3 A. Just based on how I know anything. I 4 mean, it is based on remembering from 5 twenty-five, thirty years. 6 Q. You are just saying someone told you 7 they were low or not as high as you 8 expected them to be? 9 A. Yes. And then looking at it from a 10 technical standpoint, you are dealing 11 with a very, very heavy molecules that 12 can't stay in the air very long. They 13 can't move in the air very long. It is 14 not like an organic carbon. If you 15 generate an airborne level, it simply 16 cannot exist for very long and be 17 transported very far. 18 Q. Tell me if you would, Mr. Brown, if you 19 were aware at that time of what level 20 might be considered to be a dangerous 21 level of PCBs. 2 A. I don't remember. 23 Q. Do you know anything about that today? 142 8/31/2004 9:05 AM 4/21/1998 Brown, Jerry; Mars Hill 1 2 3 4 A. 5 Q- 7 9 10 Q. 11 12 13 14 15 16 Q. 17 18 Q. 19 20 21 22 23 Q. naked eye have you seen what appears to be an air monitor of y'all's property, Mr. -- I've not looked or noticed. No. I thought you meant -- I thought you said -- Maybe I misunderstood you again, Mr. Brown. The only one I have personally seen was the one sticking up on top of Mars Hill. Okay. Are you aware of the fact that there are other air monitors located on your property either near the catchment basin or over on the southern landfill? I have heard that some air monitoring was perhaps underway. And who did you hear that from? Alan Faust. Alan Faust told you there was some air monitoring -- Well, he didn't -- In routine communications facts like that are typically mentioned. What did he say? 8/31/2004 9:05 AM 143 8/31/2004 9:05 AM 4/21/199 Brown, Jerry; Mars Hill A. Exactly that. There was some air monitoring underway. Q. Who did he say was doing the air monitoring? 5 A. He didn't say. 6 Q. You mean Monsanto has people who are 7 doing air monitoring on their property, Mr. Brown, and you don't know -- 9 MR. PECK: Donald, you know it is 10 being done by the lawyers. 11 MR. STEWART: This is our 12 deposition. Let us ask the 13 question. 14 MR. PECK: Well, you know it is 15 being done by the lawyers. 16 If you want to beat him up 17 about it, go I had. Have 18 fun. 19 MR. STEWART: I'm not going to 20 beat him up. I just want to 21 ask him some questions. 22 Q. Is that being done by someone other than 23 Monsanto? 4/21/1998 Brown, Jerry; Mars Hill l A. 2 Q. 3 4 5 A. 6 7 8 Q. 9 10 11 A 12 Q. 13 A 14 15 16 17 18 19 20 21 Q 22 23 Well, we don't have the expertise. You mean Monsanto doesn't have the expertise to monitor the presence of PCBs in the air? When I say we,- I'm talking about the Anniston, Alabama facility does not have the expertise today. Okay. Mr. Brown, tell me if in fact that expertise would be available to you through St. Louis. I don't know. Okay. Has anybody checked? I have been away from that segment so long I am not up to date. I do not know. My function now is roughly twenty-five to thirty percent at this facility, seventy-five percent the rest of the world. So I check in here. I have an office here, but I don't have a full-time job in Anniston, Alabama. So it would be an unfair question to ask of you, Mr. Brown. We will go on to something else. 31/2004 9:05 AM 4/21/1998 Brown, Jerry; Mars Hill 1 I have told you specifically what he 2 told me, what I have heard communicated 3 and the fact that some was being done, 4 period. That's all. 5 Q. Was the statement ever made to you about 6 the findings by Mr. Faust? 7 A. No. 8 Q. Not at all. Is it common practice for 9 y'all to have someone else, Mr. Brown, 10 monitor the air around your plant other 11 than Monsanto? Is that common practice 12 for you? 13 In today's environment, more and more 14 contractors are being used. That is a 15 very common practice across all 16 industry. 17 Q. Is this a contractor as you understand 18 it that you use? 19 A. I don't know. I don't know. 20 Q* Do you any idea who is doing the work? A. No. Q. Do you know why your lawyers chose to do it as opposed to you, Mr. Brown? 146 8/31/2004 9:05 AM 4/21/1998 Brown, Jerry; Mars Hill 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 Q. 16 17 18 19 A 20 21 22 23 MR. PECK: What do you want to do about lunch? MR. STEWART: Well, 1 really do want to take a fairly short break for lunch today because I have to leave to go to the airport this afternoon. And I'm going to try ray best to go like a bat out of you-know-what. So I will sit right here, and I'll be here when you get back. (A lunch break was taken from 12:00 noon to 12:30 p.tn.) (By Mr. Stewart) Let me ask you, Mr. Brown, if you remember a task force that was put together in the '70s on the plant dump itself at the Anniston plant. I vaguely remember, you know -- You know, I'm recollecting the '71, '72, era, something like that. It began to recognize that maybe -- Maybe it was early *70. But I don't remember. But 148 8/31/2004 9:05 AM 147 8/31/2004 9:05 AM 149 ADAD21-003645 HARTOLDMON0033601 4/21/1998 Brown, Jerry; Mars Hill anyway,- historical operations were typically called dumps. Actually what I'm talking about is a task force that was set -- 5 A. Let me continue -- 6 Q. Okay. I'm sorry. I cut you off. 7 A. In the early '70s the identification of operating what had been known at that 9 point in time as dumps as landfills 10 would -- a standard of operation that 11 was being developed at that point in 12 time. 13 Q- Okay. 14 And so what I think you're referring to 15 is a group of people who would have been 16 put together to put those kinds of 17 practices in place. 18 In the '70s? 19 In the early '70s. 20 Would a Mr. Mullally, M-u-l-l-a-1-1-y -- 21 M. B. Mullally, does that name ring a 22 Bell? 23 Yes. 4/21/1998 Brown, Jerry; Mars Hill 2 3 Q. 4 6 7 A. 8 Q. 9 A. 10 11 Q. 12 A. 13 14 Q. 15 A. 16 Q. 17 18 A. 19 20 Q. 21 22 A. 23 Q. Nu, I don't. I don't reiuiubr tuat and don't know anything about it. Do you remember anybody ever talking to you about the PCB dump area being identified as a potential serious water pollution source? No. Who is J. L. Corder? superintendent at that point in time. Jesse Corder? And - Jess or Jessie, however you pronounce it. Would Mr. Mullally have reported to him? Probably so at that point in time. And in the overall scheme of things, who would Mr. Corder have reported to? Whoever the plant manager was at that time. Could it have been Mr. Papageorge or his successor? Yes. Who followed Mr. Papageorge at the m1/31/2004 9:05 AM 4/21/1998 Brown, Jerry; Mars Hill 1 Q- And Hal Brazelton, is that an employee 2 who was working at the plant at that 3 time? 4 A. Yes. 5 Q. And Mr. J. L. Etheredge, T. W. Lawrence, 6 J. H. Powell, and E. G. Wright, are 7 those all people who worked at the plant 8 in the '70s? 9 A. Yes. 10 Q- Do you recall them working on this task 11 force on the plant dump at that time tc 12 make this transition that you are 13 talking about? 14 A. I remember the effort. I couldn't have 15 named the people that were involved. 16 Q. But those people -- Are those people I 17 mentioned people that logically would 18 have been involved in something like 19 that? 20 A. Yes. 21 Q. Do you remember one of the problems that were areas of concern during that period 23 of time being leakage from the PCB dump? 8/31/2004 9:05 AM 4/21/1998 Brown, Jerry; Mars Hill 1 plant? 2 A. Gene Jessee. 3 Q. So it was either Mr. Papageorge or 4 Mr. Jessee that Mr. Corder reported to? 5 A. Yes. 6 Q- And is it your understanding if there is 7 an environmental problem and you have to 8 deal with regulators that the person who 9 is ultimately responsible at the plant 10 is the plant manager? 11 A. Yes, sir. 12 Q. 13 So if there is something that has to be signed off on or some regulation that 14 has to be complied with it is the 15 responsibility, as you understand it, 16 Mr. Brown, of the plant manager, whether 17 it be Gene Jessee or Papageorge or who 18 at the plant to take that 19 responsibility? 20 A. In most cases that regulations were 21 developed, that was acceptable practice. 22 yes. 23 Q. He is the one who is held accountable 152 8/31/2004 9:05 AM 151 8/31/2004 9:05 AM 153 ADAD21-003646 HARTOLDMON0033602 4/21/1996 Brown, Jerry; Mars Hill 1 also by Monsanto, is he not, for what 2 happens in the environmental area here 3 at this plant? h A. He along with others, uh-huh (indicating 5 yes) . 6 Q- Well, who are the others? 7 A. Well, today, for example? 8 Q. Yes, just give me that as an example. 9 A. Well, there is an EHS lead who is 10 responsible for this plant. 11 Q- Who is that and what is that? 12 A. It is environmental safety and health 13 lead who has responsibility for -- 14 Robert Jones reports directly to him. 15 He doesn't report to the plant manager. 16 Q. So that person is over and above -- In 17 the hierarchy of the company, is that 18 person over and above Mr. Blake 19 Hamilton, who is now the plant manager 20 here? 21 A. There is no such thing as over and 22 above. It is a matrix type 23 organization. 4/21/1996 Brown, Jerry; Mars Hill 1 2 Q. 3 4 5 6 7 A. 8 Q. 9 10 11 A. 12 Q13 14 15 16 17 A. 18 Q19 20 21 22 A. 23 Q. In the overall scheme of things/ though, at the local plant, Mr. Hamilton is ultimately responsible as far as rennlators are concerned as vou understand it for the environmental? Yes. He has the signature authority. Okay. And then does Mr. Jones or his predecessors -- did they actually report to the plant manager in the past? Yes. And can Mr. Hamilton or his predecessor, Mr. Mayausky -- can they tell whoever is in Robert Jones' place, whether it is Robert Jones or you, tell them what to do about environmental matters? Can they? Did they? In other words, did you report to them about decisions that were made at the local plant level about environmental matters? Sure. About emissions and all that stuff? l 8/31/2004 9:05 AM 4/21/1996 Brown, Jerry; Mars Hill 1 Q. Well, on environmental affairs does the 2 chain of command work this way, that EHS 3 lead, as you have termed it, is that 4 person the one that Mr. Hamilton 5 responds to? 6 A. No. 7 Q. Okay. Who does he respond to? The operations excellent lead, who is Dennis Cavner. Q. So there is a different chain of command? A. Yeah. It is a matrix. MR. PECK: You are not thinking politically correct, Donald. MR. STEWART: Yeah, I know. The diffusion of responsibility. That is what they did in Congress. They did away with people who had capability to make decisions. Now we have all of them making them, and we are not getting any. And you can leave that on the 154 8/31/2004 9:05 AM 4/21/1998 Brown, Jerry; Mars Hill 1 A. 2 Q. 3 4 5 A. 6 7 8 Q. 9 A. 10 Q11 A. 12 Q. 13 14 15 A. 16 17 Q18 19 20 A. 21 22 23 Sure. So ultimately they were in your chain of command? Did you hold Robert Jones' position before he took it? There were other people in that position between the time I had the direct responsibility and Robert. Who were they? Robert Cheever was one. Is he still here at the plant? No. He is in St. Louis. And was he a chemist and a trained environmentalist, or what was his background? He is a chemical engineer, is trained in environmental. Is he a long-time employee of Anniston, or was he brought in to take over environmental affairs? He moved in here as a promotional opportunity in the environmental organization back in I guess '82 or something like that. 156 6/31/2004 9:05 AM 155 8/31/2004 9:05 AM 15/ ADAD21-003647 HARTOLDMON0033603 1 o. 2 A. 6 A. 1 8 Q. 9 10 11 A. 12 13 14 15 16 17 18 19 20 21 Q. 22 23 A. 4/21/1998 Brown, Jerry; Mare Hitt He took your position in '82? He actually worked for me for a while and then was moved directly to report to the plant manager. When did that occur? Mid '80s, something along there. I'm not sure exactly when. Okay. And then who replaced him? Was there anybody between Mr. Cheever and Mr. Jones? It was open for a period of time when we were going through that transition in the late '80s and didn't know if the plant was going to be here or not. And I basically filled in that responsibility along with a lot of other roles during that period of time. Then when we reorganized, Robert Jones was brought in and hired for that specific job. So you filled in some of the time when it was open? Right. 4/21/1998 Brown, Jerry; Mars HiH 1 this task force that was dealing with 2 the dump site did? Did you make 3 yourself familiar with that? 4 A. Well, what I remember was the upgrading 6 standards - 7 Q. What was done in that regard? Do you know? 9 A. 10 Q. 11 A. Do you know what was done - Weil, it was basically capping and 12 operational procedures of routine 13 covering and controlling of water inflow 14 and controlling of water outflow and 15 things of this nature. 16 Q. Isn't it correct that one of the 17 concerns they had was PCB outflow from 18 the dump? 19 I don't remember that as being a 20 concern. 21 Q. 22 If I showed you a document - MR. STEWART: How about marking 23 that. 1/31/2004 9:05 AM 4/21/1998 Brown, Jerry; Mars Hill 1 Q- So then it was -- You had the 2 environmental job, and then Mr. Cheever 3 took it over, worked for you for a while 4 and took it over in '85, and then you 5 filled in after he left? 6 A. Right, 7 Q. When exactly did he leave? 8 A. I*m guessing the *87 era. No. Let's 9 see. '86, '87, somewhere along there. 10 *86 is when we were really into the 11 downsizing. *86, '87 time frame. 12 Q. And then Robert came in -- 13 A. Was it '89? 14 Q. So you might have held it -- held the 15 position again for, say, two years? 16 A. Uh-huh (indicating yes). 17 Q. Two, two and a half years? 18 A. Uh-huh (indicating yes). Some of these 19 dates are hard to pin down. 20 Q. I understand, I understand. As the 21 person who was to analyze in '74 the 1 waste that might have left the plant *23 site, were you familiar at all with what 158 8/31/2004 9:05 AM 4/21/1998 Brown, Jerry; Mars Hill 1 (Plaintiffs' Exhibit Number 2 One was marked for 3 identification.) 4 I show you a document here that talks 5 about the task force. It is Plaintiffs' 6 Exhibit One to your deposition. How 1 about looking at that, and maybe that 8 will refresh your recollection. Then I 9 will ask you some questions about it. 10 Now, does that sort of help you 11 and improve your recollection of what 12 happened? 13 Well, I mean, you know, I was aware that 14 something -- the upgrading was being 15 done. You know, I never saw this 16 document. I didn't know the specifics 17 of what that -- what was being done. So 18 you know, does it help ray recollection? 19 No. It informs me about some stuff that 20 is documented that I wasn't aware of. 21 If you will look on the first page 22 there, it talks about something I want 23 to ask you some questions about. It 160 8/31/2004 9:0$ AM 159 8/31/2004 9:05 AM 161 ADAD21-003648 HARTOLDMON0033604 4/21/1998 Brown, Jerry; Mars Hill 2 dump and a lack of security throughout the dump area. Water leakage from the PCB dump is what I have reference to. And then in the next paragraph it 6 says, "In light of the attention PCB has received, it is highly probable that the 8 Monsanto PCB dump area could be 9 classified as a serious water pollution 10 source." 11 Now, let me ask you if you would 12 to take a look at Plaintiffs' Exhibit 13 Two. 14 (Plaintiffs' Exhibit Number 15 Two was marked for 16 identification.) 17 Q. Just take a look at that. This purports 18 to be the western landfill section. Are 19 you familiar with that? Is this the 20 western or the southern? 21 A. This is the southern landfill. 22 Q. Well, I guess what I have trouble with 23 is it says location of interceptor wells 4/21/1996 Brown, Jerry; Mars Hill 1 Q2 3 4 5 6 7 8 10 11 12 i3 14 15 A. 16 0. 17 18 19 20 21 22 A. 23 Q. Okay. I'm not trying to fuss with you about anything. I have -- We have had an understanding previously, Mr. Brown, in this case that when we talked about the western landfill we were talking about a landfill that was located west of the plant. And we call that -- I call that the western landfill, and I think we have generally been calling it that. So you are educating me a little bit. What you are telling me -- And I'm not fussing with you at all. This is the landfill as you understood it which would be south of 202? That's correct. Now, are all these -- Are the cells that a re Hor>icted on Plaintiffs' Exhibit Number Two to your deposition, which is this map that we are looking at -- Is that all the cells that are located in that landfill? Yes. Now, tell me if you would -- If you can, 1/31/2004 9:05 AM 4/21/1998 Brown, Jerry; Mars Hill 1 and observation wells for the western 2 landfill corrective action system. Is 3 this southern or the western? 4 A. Let me help you with a little bit of 5 confusion. 6 Q Well, I've got some. 7 A. What is known today as the western landfill was not in existence as a 9 landfill -- identified landfill at this 10 point in time. 11 <2. 12 13 Okay. So what you are talking about here is the western part of the southern landfill? 14 This was the western portion of the 15 landfill itself. 16 Of the southern? 17 This was known as the landfill. 18 Q Okay. 19 A. You can call it whatever you want to, 20 but at this point in time it was the 21 landfill. And this was the correction in the western part of the landfill area. 162 8/31/2004 9:05 AM 4/21/1998 Brown, Jerry; Mars Hill 1 2 3 4 5 6 A. 7 0. 3 9 10 11 12 13 14 15 A. 16 17 18 19 Q. 20 21 A. 22 23 designate it, and I would want you to mark it with a pen, if you can designate what ^articular area or cell in this landfill houses the PCB waste, if you know. This area here (indicating). Now, you have marked -- and if you would, I would like for you to make that a little darker. But you have marked cell 1-E and what appears to be cell -- it is hard to read on this little map, and 1 think that is as much a fault of the copier as anything -- 2-E and 3-E; is that right? You know, I'm not that familiar with what is designated as 1-E to know the difference between it and this cell. And the only -- Maybe you can mark it better with that one, Mr. Brown. If I had a broader tip or something. And whether I drew it here or here, I'm not certain on (indicating). But if you 8/31/2004 9:05 AM 163 8/31/2004 9:05 AM 4/21/1996 Brown, Jerry; Mars Hill 1 ask me specifically to give you cell 2 numbers, I would have told you 2-E and 3-E. Q. So 2-E and 3-E are what you understand to be the cells in which the PCB 6 contamination or wastes or whatever you 7 want to call it is stored? 8 And perhaps 1-E. That one I'm not sure 9 of. 10 Could be? 11 Right. 12 We are certainly not going to hold 13 you -- I understand what the situation 14 is. I'm not going to hold you to any 15 great degree of accuracy about that. 16 Now, when you -- Go back to this letter 17 or report -- or recommendation, rather, 18 of the task force. 19 Mr. Mulially and his group are 20 talking about, in that first paragraph, 21 water leakage from the PCB dump. And 22 then they are talking about that being a 23 problem of a serious water pollution 4/21/1996 Brown, Jerry; Mars Hill 2 3 6 A. 7 8 9 Q. 10 11 12 13 14 A. 15 Q. 16 17 18 19 20 21 22 23 them m the pit, and theie wasn't any cover or anything before this task force made its recommendations in 1970? MR. PECK: Object to the form of tne question. I can't directly answer that question because I never went up there, never saw it. paragraph, says immediate action. Would you read that, and then I'll ask you some questions about it. It goes on to the next page. Okay. It says there were old drums -- It says immediate actions. That is on the first page. And it talks about eliminate PCB drainage from the present dump site. What it says is, "To accomplish this it is recommended that extensive changes be made in the present dump area." And it goes on to say what they were going to do with the old drums that were just 1/31/2004 9:05 AM 4/21/1998 Brown, Jerry; Mars Hill 1 source. Are we talking about, again 2 going back to Plaintiffs' Exhibit Two, 3 these same cells as you understand it, 4 Mr. Brown? 5 A. Yes. 6 Q. And that was where the PCB as you 7 understand it -- the PCBs were buried in 1970 and the time period that Mr. Mulially and his group would have been looking at the dump? That is the dump they are talking about? A. Yes. Q- And at the time is it fair to say it was not a dump but was -- Well, it was a dump and wasn't a landfill. I got my statements wrong. Y'all weren't following any regulations at that time, just dumping it? A. in 1970 to '71 is when it was converted from the open operation to closed landfill operation. Q. So I guess what I'm talking about is you just took the barrels up there and put 8/31/2004 9:05 AM 4/21/1998 Brown, Jerry; Mars Hill 1 2 3 4 A. 5 Q. 6 7 8 9 10 11 12 A. 13 Q14 15 16 17 18 19 20 Q. 21 A. 22 23 Q. lying on the banks, that that should be moved to the bottom of a hole. Do you see that? Uh-huh (indicating yes). Do you understand -- It talks about sufficient dirt should be brought in to cover it and be compacted and so forth. Is that what you are talking about that they had done earlier when they made that transition from a dump to a regulated landfill? Yes. Would it be fair to say, then, from reading this paragraph that there were drums just laying out there on the bank of this particular hole that they had previously been put into? MR. PECK: Object to the form of the question. You can go ahead. All I know is what I read from the documents. You don't have any reason to disagree 168 8/31/2004 9:05 AM 167 8/31/2004 9:05 AM 169 ADAD21-003650 HARTOLDMON0033606 4/21/1996 Brown, Jerry; Mars Hill with Mr. Muiiaiiy and ftis Cask force 2 about what they had been tasked to do? A. I have no reason to agree or disagree. Q. You don't have any information to --------------- v^ OltJ 6 differently than what it says in the 7 report, do you? 6 9 Now. tell me if ou would, Mr. Brown if 10 other than in these cells there was any 11 PCBs buried anywhere else to your 12 knowledge during the time of operation 13 there. You have talked about during the 14 '50s and * 60s. 15 MR. PECK: You mean during the 16 operation of that landfill? 17 MR. STEWART: From the time of the 18 operation up to '70, during 19 the operation of the 20 production facility is what 21 I'm talking about. 22 Q. Do you know if PCB waste, the steel 23 residue, was buried anywhere else? 4/21/1998 Brown, Jerry; Mars Hill 2 3 4 5 Q. 6 A. 7 Q8 A. 10 11 Q. 12 13 A. 14 Q. 15 16 17 18 A. 19 Q. 20 21 A. 22 Q. 23 I think the way it is actually referred to in the documents now, to avoid confusion is west end. West end, e--n--u, west of the plant -- Plant wastes prior to 1960. Do you know what kind of plant waste? Well, that could have involved phosphorus and phosphate slags and residues from the PCB manufacturing. Okay. Anything else that you understood was -- Not to m.v knowledge. Now, to get some sense of direction here, are we talking now about -- Can you show me where south would be on Plaintiffs' Two? (Indicating.) Can you just mark it with your pen with an S? (Executed by the witness.) And then put north on there, and then we will know what the rest of it is. md/2004 9:05 AM 4/21/1998 Brown, Jerry; Mars Hill 1 A. 2 3 Q. 4 5 6 7 8 9 A. 10 11 Q. 12 A. 13 14 Q. 15 A. 16 Q. 17 18 A. 19 20 Q. 21 |2 23 It is my understanding in the western landfill. Now, you have said something a minute ago that I frankly had not understood until you said it. But you indicated a minute ago that the western landfill was not a dump or a landfill and treated as such. Is that correct or incorrect? Well, it was closed out in 1960 or thereabouts and capped. And capped? How was it capped? Dirt was put on top of it. Clay was put on top of it. Just clay was put on top of it? Yeah. Did you have any idea what was buried over there? No, not other than what I have heard from older employees. What did you understand from older employees was buried in that western landfill? MR. PECK: Just for the sake of -- 8/31/2004 9:05 AM 4/21/1998 Brown, Jerry; Mars Hill 1 A. 2 Q. 3 4 5 6 7 A. 8 9 Q. 10 A. 11 Q. 12 A. 13 Q. 14 15 A. 16 Q. 17 A. 18 Q. 19 20 A. 21 22 Q. 23 A. (Executed by the witness.) Okay. Now, do you know where the -- So that we -- while we are on this, we might as well get it -- where the PCBs are buried, what that was before y'all started using it as a dump site? It was my understanding it was an iron ore hole. Iron ore? Yes. Do you know who the previous owner was? No, I do not. Do you know if you had gone down to bedrock, Mr. Brown? I do not. If the previous owner had? I do not know. Do you know anything at all about the hydrology of the area? I know what we have learned through the '80s, through many, many, many borings. And what is that? Basically a hundred feet of -- plus or 172 8/31/2004 9:05 AM 171 8/31/2004 9:05 AM 173 ADAD21-003651 HARTOLDMON0033607 4/21/1998 Brown, Jerry; Mars Hill 1 minus a hundred, hundred twenty feet of 2 very, very highly impermeable clay 3 pretty much over that entire section. |j Q. What, at the bottom of the pit? Is that what you are talking about? 6 A. No, over the entire section there. 7 Q- Oh, the surface is -8 A. from the surface down for a hundred to a 9 hundred and twenty feet is highly 10 impermeable clay. 11 Q. Okay. What's below that? 12 A. You start getting into some rock 13 formation. 14 Q- Do you know whether or not the pit had 15 been dug out to the point -- Was there 16 one pit or two pits? 17 A. I don't know. 18 Q- And do you know whether or not whatever 19 number of pits there were had been dug 20 out to bedrock before Monsanto started 21 using it? 22 A. I do not know. I would not expect so -- 23 Q- What about -- 1/31/2004 9:05 AM 4/21/1998 Brown, Jerry; Mare Hill 1 A. -- based on -- 2 Q. Go ahead. 3 A. -- based on the boring work that was 4 done in the '80s. You know, going down 5 a hundred to a hundred and twenty feet 6 is an awfully deep hole to dig. I have 7 heard figures of thirty to forty feet 8 deep. 9 Q- So you think it might have been as much 10 as thirty to forty feet deep before 11 y'all started using it? 12 A. That is the figures I have been told. 13 Q- And who told you that? 14 A. Gosh, I don't remember. 15 Q. 16 Just general history or knowledge about the -- 17 A. Yes. 18 Q- Now, when you talk about that, you are 19 talking about these cells that you have 20 circled here on Plaintiffs' Exhibit Two 21 where the PCBs are buried? 1 A. That's correct. Q. Was there any other waste material or 8/31/2004 9:05 AM 4/21/1998 Brown, Jerry; Mars Hill 1 2 3 A. 4 Q. 5 6 7 8 A. 9 O, 10 A. 11 12 Q. 13 A. 14 15 16 17 18 19 20 Q. 21 A. 22 Q. 23 A. matter buried there other than PCS waste? Not to my knowledge. Can you tell us just if you have any knowledge about what is buried in those other cells or these other solid waste management units? Yes, I do. Can you tell us what it is? These other cells were built primarily to support parathion operation. All the other cells have parathion? Or parathion intermediates, PNP kind of wastes. PNP stands for para-nitrophenol. And certain of these cells contain primarily sulfur that had a surface coating of organophosphate on the sulfur. And that is all that is in this cell (indicating). Which cell is that? 4-W. 4-W has sulfur in it? Yes. 8/31/2004 9:05 AM 4/21/1998 Brown, Jerry; Mare Hill 1 Q. 2 A. 3 04 A. 5 6 7 Q8 9 A. 10 Q11 A. 12 13 14 15 16 17 Q18 19 A. 20 21 22 Q. 23 A. Okay. And sulfur is in 3 -- 2 and 3 also. 2 and 3? Yes. MR. PECK: 2-W2 THE WITNESS: 2-W. Is there any parathion in any of those cells that you have just mentioned? Well -- 3-W, 2-W-A and 4-W? Not in 4-W. In 2 and 3-W there is some parathion residue. And when I say residue, I'm talking about it would be parathion contaminated articles like rags and gloves and sample bottles, not liquid parathion. What about cell 2-W and cell 1-W? What is that, parathion? The 1-W is the old cell that was used for the very first parathion type wastes, All right. What about 2-W? It also had sulfur and parathion 8/31/2004 9:05 AM ADAD21-003652 HARTOLDMON0033608 4/21/1998 Brown, Jerry; Mars Hill 1 contaminated type waste in it. 2 Q. What about 4-E -- and I don't know what the other is. 4-E and 5-E are the two cells we have spoke about earlier. These are both 6 RCRA cells. 5-E contains all the 7 demolition debris from the parathion 8 demolition, including the dirt from 9 underneath the plant. 4-E contains both 10 some sulfur, and it contains a portion 11 of material that was picked up and 12 relocated from this area when the 13 highway came through (indicating). 14 0. Mark that area you are talking about, 15 5-E or 4-E? 16 A. 4-E. 17 Q. 18 A. 19 20 It contains some highway area material? Yes. It contains some -- See, this cell actually -- You know, what I'm showing you is for illustration only. I don't 21 know the exact boundaries. 22 Q- I understand. 23 A. But it was something li^e so 4/21/1998 Brown, Jerry; Mars Hill 2 3 4 6 7 8 Q. 9 A. 10 Q. 11 12 A. 13 O. 14 A. 15 Q. 16 A. 17 18 19 20 21 22 Q. 23 A. landfill -- Weil, ana there is one other -- Well, let me finish that. There was debris from a particular building that was torn down, a large cement building that was torn down in, like, 1990, '91. All the debris was placed here (indicating). When you say here, what cell was that? 3-E. So in 3-E you placed all the debris from a building that was torn done? Right. Around when? 1990. Okay. And we also had one other material called Santotire, which is a steel bottom from polyfoam manufacturing, asphalt-like material, nonhazardous material that some of it was buried in this cell also (indicating). In 3-E? Yes. /31/2004 9:05 AM 4/21/1998 Brown, Jerry; Mars Hill 1 (indicating)- 2 Q. So the parathion cell or cell 1-W moved 3 out a little on the right-of-way? 4 A. When the right-of-way came through, it 5 went across that cell. All of that was 6 excavated and relocated to 4-E. 7 Q. Okay. When you talk about the highway, 8 you are talking about 202? 9 A. Yes. 10 Q. Anything else buried there in any of 11 those cells? 12 A. Not to -- Well, you have general plant 13 trash kinds of stuff. 14 Q- Like paper and stuff like that that was 15 buried? 16 A. Right, right. 17 G. Tell me -- 18 A. Most of that was buried over in this 19 section (indicating). 20 Q. Which is -- 21 A. 3-E. 1 Q- 3-E? .3 A. Yes. The last thing disposed of in the 6/31/2004 9:05 AM 4/21/1998 Brown, Jerry; Mars Hill 1 Q2 3 4 A. 5 Q. 6 7 A. 8 Q9 A. 10 11 G12 A. 13 Q. 14 15 16 17 18 A. 19 20 21 22 A. 23 Q. Now, can you tell us how much acreage is -- Do you know how much acreage there is -Within fence here there is -- Not within fence. I'll ask you -- Well, tell me fence first. Within fence is about thirty acres. How many acres are -- In cells, around twelve, fifteen, in that neighborhood is my understanding. Close to half of the thirty acres? Uh-huh (indicating yes). Now, tell me if you would. Hr. Brown, who the operator of this landfill was -- There is a suggestion in here that there be an operator or management person. Who did that? Let me see what you are -- MR. PECK: Referring to Plaintiffs' Exhibit One? HR. STEWART: Yes. Which page are you looking at? In paragraph five on page two. 180 8/31/2004 9:05 AM 179 8/31/2004 9:05 AM 181 ADAD21-003653 HARTOLDMON0033609 4/21/1999 Brown, Jerry; Mars Hill 1 A. Okay. 2 Q- It says the entire dump and solid waste 3 disposal should be made the > responsibility of one person. Who did that become? 6 A. Bill Taffee. 1 Q. And is Hr. Taffee still living? 8 A. Barely. 9 Q. How old is he? 10 A. Eighty-something. 11 Q. And where does he live? 12 A. Just over -- Not far from you. 13 Q. Here in Anniston? 14 A. Yeah. 15 Q. What, somewhere in the -- Keith or Knox? 16 A. Keith comes to mind. I don't remember. 17 Q. So he was the operator of the landfill 18 for what period of time, from the time 19 the task force put this thing together 20 until he retired or -- 21 A. Until he retired in probably '82. 22 Q- So he operated the landfill from '70 23 to -- |/31/2004 9:05 AM 4/21/1998 Brown, Jerry; Mars Hill 1 A. Now, when we say operated, he had 2 responsibility for management of what 3 went on from an operational standpoint 4 of that landfill. 5 Q- Who did he report to? 6 A. Initially he reported to the SD 7 superintendent until -- 8 Q- Who was that? 9 A. That would have been Joe Landwehr until 10 he left and that position was phased 11 out. And then he reported to Bill Voss 12 then from probably mid to early -- mid 13 '70s to '80, and in 1980 he reported to 14 me. 15 Q. Reported to you? 16 A. Uh-huh {indicating yes). 17 Q. And how long did he report to you, until 18 he retired? 19 A. Two years. Uh-huh (indicating yes). 20 Q. Did someone take his place? 21 A. That became more a part of the 1 responsibility of the person for -- who Ws was in charge of the environmental o/o //zuo* s.uoam 4/21/1998 Brown, Jerry; Mars Hill i 2 Q. 3 4 A. 5 6 7 Q8 A. 9 Q10 A. 11 Q. 12 A. 13 14 Q. 15 A. 16 Q. 17 18 19 20 21 A. 22 23 Q. control at the plant. Which would have been Robert Jones or Mr. Cheever? Yes. Of course when Jones came most of it had been capped out and closed up. But Cheever and prior to Cheever -- And where is Mr. Cheever now? He is in St. Louis. Working with Monsanto? Solutia. What is his position there? He is in the environmental control at rtiippnv nlanfIn -- St. Louis. Tell me if you would, Mr. Brown, what water or drainage would come off of this plant. Would it run north off the bottom of Coldwater Mountain -- off this landfill, would it run north? The general surface flow is, yes, to the north. Is there a drainage ditch that runs -- 8/31/2004 9:05 AM 4/21/1998 Brown, Jerry; Mars Hill 1 2 3 4 A. 5 Q. 6 7 8 9 10 11 A. 12 Q. 13 14 A. 15 Q. 16 17 18 19 20 21 22 23 ultimately ran under the highway that would accept or take the water and then -- There were two or three of them. And does that then go into the drainage ditches that y'all had previously found some -- in the '70s and '80s found some PCB contamination? MR. PECK; Object to the form of the question. Ultimately it does. Okay. And then does it ultimately go into Snow Creek? YesSo when Mr. Mullally and his crew were talking about -- this task force were talking about the PCBs at the private dump operation posing a water pollution problem or health hazard, as a practical matter what they would be talking about is that drainage that would come off -- Would they be talking about the surface water that comes off there and goes to 8/31/2004 9:05 AM ADAD21-003654 HARTOLDMON0033610 4/21/1998 Brown, Jerry; Mars Hill 1 Snow Creek ultimately? 2 MR. PECK: Object to the form of the question, lack of foundation. A. All I know is what I read right here. 6 Q. What else could they be talking about 7 other than that, Mr. -- I don't know of anything. 9 Q. Okay. Now, during the time that 10 Mr. Taffee worked or served as this 11 operations manager, was he required to 12 maintain some kind of record of what was 13 buried in the landfill? 14 He kept records. 15 Q. 16 A. In what form? In the form of designation of what type 17 waste went into what type cell. 18 Q. What about amount? 19 There was no measurement of quantity 20 per se until the late '70s or early 21 '80s. 22 Q. And was there any estimation made as to, 23 say, parathion or PCB, the pounds of 4/21/1998 Brown, Jerry; Mars Hill 2 know, the technique that I would assume 3 would have been used. 4 Q. And is it your understanding that that 5 i e: what Mr. Taffee or Mr. Chesver or 6 whoever did that particular application 7 probably used? 8 A. Well, see, that was -- That had been 9 stopped. Ongoing operations did not -- 10 I mean, that didn't affect ongoing 11 operations at all. 12 Q. But there were RCRA applications that 13 were filed after y'all stopped and 14 estimations y'all had to make of what 15 was buried in these landfills, didn't 16 you? Isn't that a fact? 17 A. I can't remember any RCRA application 18 that would have included something like 19 that. It perhaps was. But then if 20 there was a request for that kind of 21 thing, you'd have to do the best 22 estimate you possibly could. 23 Q. And you are saying the method they *8/31/2004 9:05 AM 4/21/1998 Brown, Jerry; Mars Hill 1 2 3 A. 4 Q. 5 6 7 A. 9 10 11 12 13 14 15 16 Q. 17 18 19 20 21 that material that might be Located, in these cells? You mean from previous operations? From previous operations, from those operations that continued on through the time frame that you talked about. Well, you know, what I've told you about through the '70s. And starting in late 70s and early '80s manifesting, if you will, a piece of paper of each movement of waste, you know. Basically there is a transition leading up to that. They did not retroactively develop information. That was for current and ongoing operations. So how is it, then, that one would come up with -- Let's just say that Monsanto had filed a document with a regulatory agency. How is it that you would have come up with an estimation of the amount of pounds of PCBs, for instance, that was located in these cells in the south landfill? 186 6/31/2004 9.05 AM 4/21/1998 Brown, Jerry; Mars Hill 1 2 3 4 5 A. 6 7 Q. 8 9 10 A. 11 12 13 Q. 14 15 16 A. 17 Q. 18 19 20 21 A. 22 23 probably used to calculate it is what you previously -- I don't want you to go through it again. We have already got that. That is -- That is the most logical way I know of to estimate something like that. Where are Mr. Taffee's records, if you know? You indicated he kept records. Where are they? Whatever exists is in the archives. You know, beyond that, I can't tell you. I don't know. But you know he kept records during the time he worked there from about '70-something to 1982? Right. And the purpose of those was so y'all could know, was it not, Mr. Brown, what was in these cells, what you were putting in there? You know, if you go back to the 1970s purpose and the 1980s purpose, I mean, things change. 188 6/31/2004 9:05 Am 187 8/31/2004 9:05 AM 189 ADAD21-003655 HARTOLDMON0033611 4/21/1999 Brown, Jerry; Mars Hill 1 Q- Y'all were concerned about PCBs to the 2 point where you bought some hogs in the 1970s-something, Mr. Brown. Are you telling me you weren't concerned about where these things were from the '70s to 6 the '80s? You are not telling me that, 7 are you? e A. What I'm telling you is that what was 9 there was entombed and not moving 10 anyplace. 11 Q- Well, y'all were concerned in '70 with 12 the task force with it moving someplace, 13 weren't you? 14 A. And this task force was put together to 15 address what had been learned and 16 eliminate the -- you know, things that 17 had been learned that were not 18 considered to be good practice. 19 Q. Then in '85 you have some 20 correspondence, I believe, from the 21 Attorney General that you were involved 22 in, I believe. Maybe I'm mistaken about 23 it. But didn't y'all have some 4/21/1998 Brown, Jerry; Mars Hill xiaintlltS laiuuh iwj.ee ana dsn yuu <_u 2 take a look at that. And the plant site 3 is located there, and then we have the 4 cells that are shown just a little bit. 5 6 describing on the south of 202. And 7 then there is an area east of the plant 8 across Clydesdale. Can you draw for me 9 the route that that discharge point that 10 you are talking about would take, 001, 11 off the plant site? I assume it comes 12 off the plant site. That is what you 13 are talking about isn't it, Mr. Brown? 14 A. That's correct. 15 Q. Draw that if you would and show where it 16 goes on the eastern part of 202 -- I 17 mean, property east of the plant, across 18 Clydesdale. Just to orient you a little 19 bit, if you will look, there is a -- It 20 has Alabama 202 there, and the plant is 21 supposed to be right there (indicating). 22 Is that enough of a map for you to show 23 me where that 001 is? B/31/2004 9:05 AM 4/21/1998 Brown, Jerry; Mars Hill 1 2 3 A. 4 Q5 A. 6 Q. 7 6 9 10 11 12 A. 13 14 Q. 15 A. 16 Q. 17 A. 18 19 20 21 1 Q- correspondence with the Attorney General at that time about -- Yes, we did. -- some problem that might have existed? In the sediments in Snow Creek. And we have gone through that earlier. so I won't do that. But that was in the same general area that is served by these drainage ditches that we have previously talked about, isn't it? MR. PECK: Object to the form. Hydraulically downstream of discharge point 001 as I have described earlier. And 001, where is that, now? It would be right down (indicating). Oh, you mean it is off the plant site? The plant site is not shown here. That's a landfill. (Plaintiffs' Exhibit Number Three was marked for identification.) Let me show you this, and maybe we can locate that. Let me show you 190 8/31/2004 9:05 AM 4/21/1998 Brown, Jerry; Mars Hill 1 A. 2 3 4 Q. 5 6 A. 1 08 9 10 11 12 13 14 15 Q. 16 17 18 19 20 21 22 A. 23 Q. It would be basically -- Looking at this parking lot, the street is not in proportion here. This proportion -- Now, this is Solutia's map. Be careful about criticizing it. I'm stating facts at I try to read it. I'm just kidding. MR. PECK: You think that street is too far down? THE WITNESS: It keeps putting me too far down this way (indicating). But basically it is, like, right here (indicating). Would you label that on Plaintiffs' Exhibit Three, just mark off to the side there what you're -- You are saying D 001 is discharge point. Now, where does the -- Is there water that is discharged off the plant site at that particular point? Yes. And where does that water come from, if 192 OI-3~iUU*j4 s:uo AM 8/31/2004 9:05 AM ADAD21-003656 HARTOLDMON0033612 4/21/1998 Brown, Jerry; Mars Hill itself? A. From the plant itself. Q. And is it your understanding that wh at --6 A. And storm water. 7 Q. And storm water? 8 A. (Jh-huh (indicating yes). 9 0. That might fall on the church property 10 -- not church property, but plant 11 property? 12 A. yes. 13 Q. Tell me if you would if that particular 14 discharge point is affected at all by 15 storm water that would come from the 16 southern landfill area. I"7 A. Part of the drainage area is down 18 through here, and it combines at this 19 point (indicating). 20 0. Could you draw from what portion of the 21 southern landfill appears on Plaintiffs' 22 Exhibit Three that general drainage 23 area? I'm not going to hold you to it. fi/31/2004 9:05 AM 4/21/1998 Brown, Jerry; Mars Hill 1 Just give me your best judgment. 2 Mr. Brown, because that would help us 3 locate what you are talking about. 4 A. Basically from here over (indicating). 5 Q- If you would just draw -- If you want to 6 shade it in, where it comes from, please 7 do that. 8 A. (Executed by the witness.) 9 (A break was taken.) 10 G- You have drawn, since we took a break. 11 this discharge thing. And so that 1 12 understand it, you have drawn it across 13 Clydesdale? 14 A. That's correct- 15 Q. And it comes off the plant property; is 16 that correct? 17 A. There is really plant property on down 18 to this point (indicating). 19 Q- Now, is that -- 20 A. I was drawing it in without seeing the 21 dark spot on this map. That first one i is an error there. It tied in right along there (indicating). 8/31/2004 9:05 AM 4/21/1998 Brown, Jerry; Mars Hill Now, what I was concerned about, that's on the eastern side of the plant, and it goes into Snow Creek? It goes on out to a tributary which joins Snow creek down here (indicating). So this line down here that you have drawn here from the discharge point goes into a tributary which subsequently goes into Snow Creek; is that correct? 10 Yes. 11 You have indicated there was drainage 12 off the southern landfill, which is the property south of 202. Does it feed into this discharge point? As I have illustrated right here, this is a drainage ditch -- old 202 used to went just like so (indicating). But after 202 came through, it came under 202 along here, tied into this ditch and then alongside Clydesdale and joined up 22 at this point here (indicating). 23 Can you draw that line from the ditch 8/31/2004 9:05 AM 4/21/1998 Brown, Jerry; Mars Hill 1 there where it came off? 2 A. Well, I have drawn this, just referring 3 Vr, -Hic t'**-*- - ^ P__ 4 Q. Well, put an arrow to it if you would. 5 Mr. Brown, and how about labeling it in 6 some fashion, drainage off south 1 1snHfi11 8 A. All right. I put an arrow. It ties 9 into that ditch which basically goes 10 under this road and then under -- 11 O. Clydesdale? 12 A. -- Clydesdale and just right down along 13 like so (indicating). 14 o. 15 So it goes east of Clydesdale at some point and ties into that discharge 16 point? 17 A. Yes. 18 G- Now, are you saying that the state was 19 concerned about the discharge point that 20 you have marked that came off the plant. 21 or were they concerned about just PCBs 22 being present in Snow Creek in '85? 23 MR. PECK: Object to the form of 8/31/2004 9:05 AM ADAD21-003657 HARTOLDMON0033613 4/21/1998 Brown, Jerry; Mars Hill 1 the question. 2 A. When you say the state, you are talking about the Attorney General? Q. Yeah. A. Okay. If you remember, earlier today 6 when I referred to the other situation 7 that developed on Snow Creek with the finding of a discharge of PCBs from 9 another facility into Snow Creek -- 10 Q. Uh-huh (indicating yes). 11 A. -- that ADEM water department actually 12 found and the Attorney General picked up 13 on that and filed some sort of 14 injunction against the operation of that 15 facility -- 16 Q. Uh-huh (indicating yes). Is that what 17 you are saying the Attorney General's 18 concern was in 19 -- 19 A. Let me continue on. 20 Q Okay. Go ahead. 21 A. As part of that investigation, the owner 22 of that facility said, "If you think we 23 have a PCB problem, you ought to look 4/21/1998 Brown, Jerry; Mars Hill 1 At a.east tuat is my recoxxecLion cx it. 2 Q. And it is your recollection that that 3 resulted in a citation or some kind of 4 legal action taken against Mr. Allen and 6 9 10 11 Q. 12 13 14 15 16 A. 17 Q. 18 A. 19 Q. 20 21 A. 22 Q. 23 Attorney General on y'all; is that correct? He basically said, "Look, if you think I have a PCB problem here, you ought to look on up the stream toward Monsanto." My only question to you, Mr. Brown, is who did the testing in Monsanto's direction. And you have indicated to me it was not ADEM, that it was somebody from the Attorney General's Office? That's correct. And that was Mr. Allen? Gary Allen. Do you remember who was Attorney General at that time? Charlie Graddock. And was Mr. Broadwater in charge of the Alabama Department of Environmental B/31/2004 9:05 AM 4/21/1998 Brown, Jerry; Mars Hill 1 further up Snow Creek." 2 Q. Are you saying that -- Is that Tull 3 Allen? 4 A. That's correct. 5 Q. And -- 6 A. So subsequent to that investigation they 7 did the screening study on up Snow Creek 8 that I referred to earlier this morning. 9 Q. Who is think? 10 A. Gary Allen. 11 Q. And was that somebody with -- 12 A. The Attorney General's Office. 13 Q. At any point in time did anyone from 14 ADEM do that work, any of that work? 15 A. I'm not aware of ADEM being a part of 16 that screening study that Gary Allen and 17 the Attorney General did. 18 Q. What I'm talking about is what was 19 precipitated by the spill at Tull 20 Allen's facility. 21 A. ADEM was a part of that. In fact ADEM referred that situation to the Attorney General for some sort of legal action. 198 8/31/2004 9:05 AM 4/21/1998 Brown, Jerry; Mars Hilt 1 2 A. 3 4 5 Q. 6 7 A. 8 9 10 Q11 12 13 A. 14 15 16 17 18 19 Q. 20 21 22 A. 23 Q Management? Probably. I don't -- Probably so. I don't remember who was the overall director at that point in time. Were you handling environmental affairs for the plant at that time? Yes, but working primarily with the specific agencies like water group, solid waste group. Were you the point man on this particular problem that y'all had with the Attorney General at that time? Me and Bob Cheever, yes. We were both involved. Bob was working for me at that point in time. (Plaintiffs' Exhibit Number Four was marked for identification.J I show you a letter from a Craig Kneisel. It is sort of printed poorly here. I apologize for the copy here. I know Craig. It is a letter to Mr. Joe Broadwater, 200 8/31/2004 9:05 AM 199 8/31/2004 9:05 AM 201 ADAD21-003658 HARTOLDMON0033614 4/21/1998 Brown, Jerry; Mars Hill 2 the Alabama Department of Environmental Management. It is dated February 26, 1985. A. Ri^ht. 6 Q. It says that on Monday, February 25th, 7 1985, members of the Attorney General's e staff met with representatives of 9 Monsanto Chemical Company concerning the 10 finding by this office of PCBs in Snow 11 Creek sediment. Are you familiar with 12 the meeting he is talking about? 13 A. Yes, I am. 14 Q. And do you remember who all was at that 15 meeting? 16 A. No. But this -- This is the screening 17 study that they did that I was referring 18 to. 19 Q. When you saythe screeningstudy, you 20 are talking about where the Attorney 21 General's Office and Gary Allen -- 22 A. Yes. 23 Q. Is Tull Allen's facilityabove or 4/21/1998 Brown, Jerry; Mars Hill 2 3 A. 4 Q. 6 7 A. 8 Q. Q 10 11 A. 12 Q. 13 14 15 16 17 A. 18 Q. 19 20 A. 21 Q. 22 23 uickuUfdwtUriuy Of his particular ChciuiCaj. he made there; is that correct? He used it in his heat transfer system. In the heat transfer system. But he did not use it as a part of the product he produced? No. Y'all did, didn't you? I mean, y'all PCBs rather manufactured them in large size quantities at Monsanto? Uh-huh (indicating yes). So would it be fair to say that if the PCB-S were found in the sediment that would be upstream from Tull Allen's facility and downstream from Monsanto came from your plant, wouldn't they? That is a likely possibility. Well, that is where they came from then, isn't it, Mr. Brown? More than likely, yes. Okay. And so when the -- When you talk about the Attorney General getting on to Mr. Allen at this point in time. 1/2004 9:05 AM 4/21/1998 Brown, Jerry; Mars Hill 1 below -- Is it downstream on Snow Creek 2 from Monsanto? 3 A. Yes. 4 Q. Do you know whether or not the sediment 5 levels they were talking about finding 6 in Craig Kneisel's letter were found 7 above Tull Allen's plant on Snow Creek, or were they found below Tull Allen's 9 plant on Snow Creek? 10 A. This sediment screening study was done 11 above Tull Allen's plant on Snow Creek. 12 Q. As a practical matter the leak you are 13 talking about of PCBs at his plant or 14 his facility came from -- What did you 15 understand that came from, Mr. Brown? 16 A. 17 It was equipment he had in the operation that used PCBs. 18 Q. So there was some heat transfer -- PCBs 19 in some heat transfer mechanism, say a 20 transformer or something like that in his facility or a - A. Some of his processing equipment. Q. But he didn't use it in the 202 8/31/2004 9:05 AM 4/21/1998 Brown, Jerry; Mars Hill 1 2 3 4 5 6 7 A. 8 Q. 9 10 11 12 13 14 15 16 A. 17 18 19 20 21 Q. 22 23 wouldn't it be fair to say, Mr. Brown, there was some concern expressed by the Attorney General and some agreement worked out with y'all and the Attorney General about your plant site and contamination of Snow Creek? I don't understand that question. Let me see if I can phrase it a little more artfully so you do understand it. You have indicated that the person who had the problem with the Attorney General, Tull Allen, and sicced them on y'all, y'all then had a problem with the Attorney General, didn't you, about PCB contamination? We had a problem in that their screening study picked up PCBs, yes. And we met with the Attorney General and ADEM, and that led to the next study on that section on Snow Creek. Well, now, they indicate in here that the levels were in excess of a hundred parts per million. You have indicated 204 8/31/2004 9:05 AM 203 8/31/2004 9:05 AM 205 ADAD21-003659 HARTOLDMON0033615 4/21/1998 Brown, Jerry; Mars Hill 1 earlier that you understand actionable 2 levels would be above fifty parts per 3 million. Did y'all find -- Y'all found in your next studies levels far in excess of that, did you not, far in excess of the hundred parts per million? We found up to a thousand parts per million, yes. 9 Q. Ten times as much, which caused you to 10 remove that material from Snow Creek; is 11 that right? Is that what you worked out 12 that you would do? 13 Yes. 14 Q. So in all fairness you all had a problem 15 at the same time Mr. Allen had a problem 16 with a regulatory agency or a state 17 official? In this instance it was the 18 Attorney General; is that correct? 19 We didn't have a problem with them. We 20 had a situation that was discovered, 21 investigated, and carried out. 22 Q. 23 Is it not a fact, Mr. Brown, that before the Attorney General's representative. 4/21/1998 Brown, Jerry; Mars Hill 1 2 A. 3 4 5 6 7 9 Q. 10 11 A. 12 13 Q. 14 15 A. 16 17 18 19 Q. 20 A. 21 Q. 22 23 Chemical Company? I don't recollect the data you are referring to. You know, I was dealing with a person by the name of Bill Lott at that point in time. He was our point of contact. How well did you know Bill Lott? I knew him as a regulator. How often did you see him and talk to him? Whenever we had a need to interface and communicate on water dealings. Well, who did you talk to in the land division? As I mentioned earlier. Buddy Cox until he made his move and then two or three people during an interim period of time there. Who would it have been in 1985, Mr. Cox? I think Buddy was still there in *85. And can you tell me if you in fact did or did not talk to ADEM officials about some findings that they had received 1/31/2004 9:05 AM 4/21/1998 urown, Jerry; Mars Hill Gary Allen, found this, that an individual from ADEM found high levels of PCBs in the sediment of Snow Creek above Tull Allen's plant and below the Monsanto plant? About the same period of time they both were looking -- I'm trying to remember the exact data, but I can't remember 9 specifically what -- 10 Q. Wasn't there a young fellow named Clay 11 Scott who found high levels of PCBs in 12 the sediment of Snow Creek above -- on 13 the stream above Tull Allen's plant and 14 below Monsanto? 15 I never remember working with a person 16 by the name of Clay Scott. 17 Weren't you informed at some time as the 18 environmental representative or the 19 person in charge of the environment that 20 ADEM had in fact found high levels of 21 PCBs in the sediment of Snow Creek in the same vicinity I just mentioned above Tull Allen's facility and below Monsanto 206 8/31/2004 9:05 AM 4/21/1996 Brown, Jerry; Mars Hill 1 from one of their field reps about the 2 -- the same time period you got this 3 letter from the Attorney General and 4 Mr. Allen was being investigated? That 5 all happened during the same time period, wasn't it? 7 A. It was all during the same -- And we 8 went down to Montgomery and met with 9 Charles Horn. 10 Q. Now, who is Charles Horn? 11 A. Horn was the - 12 Q13 A. Head of the land division? Head of the land division, well, head of 14 the industrial water division. 15 Q. Industrial water division. So you knew 16 Mr. Lott, and you knew Mr. Horn. Did 17 y'all ever have any conversations with 18 them or tell them that y'all weren't 19 responsible for what appeared to be high 20 levels of contamination of PCBs in Snow 21 Creek below your plant and before you 22 got to Tull Allen's plant? 23 A. I never remember any such discussion. 208 8/31/2004 207 S/sl/^004 s:05AM 209 ADAD21-003660 HARTOLDMON0033616 4/21/1998 Brown, Jerry; Mars Hilt 1 Q. 2 3 5 A. 6 Q. 9 A. 10 Q. 11 12 13 A. 14 15 16 Q. 17 18 19 20 21 22 23 Wouldn't it be logical to assume,- based on this fairly heavy molecule that you have mentioned -- And it is not very water soluble/ is it? No. Wouldn't it be logical to assume that stuff didn't move upstream but would migrate downstream? Yes. You know that to be the case, Mr. Brown, from dealing with it? Isn't that correct? I don't have data to prove that, but I would certainly, based on technical knowledge, agree with that, yes. Tell me, Mr. Brown, if at any point in time you all had any conversation before you met with the Attorney General in 1985 about this sediment with anybody at ADEM, including Bernard or Buddy Cox, Lott, Poole, John Poole, or the other fellow you mentioned, John Horn? Did you have any conversation with any of 4/21/1998 Brown, Jerry; Mars Hilt 1 2 3 Q4 A. 5 6 Q. 7 8 A. 9 Q10 11 A. 12 13 14 15 Q16 A. 17 Q18 A. 19 Q. 20 A. 21 Q. 22 23 A. specifically from mid '70s forward, when I was personally involved. Is that with ADEM? Well, it was the Water Improvement Commission prior to ADEM. Did you work with the Water Improvement Commission? Yes, I did. And who was it that you worked with there? Was that Mr. Crockett? I believe Mr. Crockett had retired by that time and Charles Horn was actually a part of that organization back in those years. So he moved over? He was our -- Point person? Direct point person, permitting person. And then Mr. Horn moved -- He and Jim War, they were the two. The person who is the present director of ADEM? Yes . JI/31/2004 9:05 AM 4/21/1998 Brown, Jerry; Mars Hill 1 them? 2 A. Charles Horn. 3 Q. Charles Horn. Did you have any 4 conversation with any of them about the 5 problem on Snow Creek and PCBs in the 6 sediment? 7 A. You know, there was open dialogue and 8 discussion about PCBs all the way 9 through these years. 10 Q- You mean there was a continuing 11 conversation going on between Monsanto 12 and the people at ADEM about it? 13 A. When -- When -- You know, I want to say 14 when it was appropriate, but I know that 15 is nebulous. And I don't mean on a 16 monthly basis, but I mean as the 17 evolution of permits and evolution of 18 technology and everything occurred, 19 there was an open line of communication. 20 Q- Well, did that start with the Alabama 21 Water Improvement Commission back in the 1^3 A. '70s and continue on through ADEM? I can really answer the question more 210 8/31/2004 9:05AM 4/21/1998 Brown, Jerry; Mars Hill 1 Q. 2 3 4 A. 5 6 7 8 9 Q. 10 11 12 A. 13 14 Q. 15 A. 16 17 Q18 A. 19 20 21 22 23 So y'all have had a longstanding relationship. Is Mr. Horn still working at ADEM? I think so. I'm not really sure. I've not seen him in years. But I think he is still part of the -- I think he is head of the water division, but I'm not sure. How often during Che '70s did ADEM come out and check in Snow Creek or your dump site? How often did they come? Okay. Are you familiar with NPDS permitting? Educate me, Mr. Brown. That's the National Permit Discharge System permit. Okay. This was a system of permitting that addressed every water discharge from a facility. All of that permitting process -- the laws were put in place in the mid '70s and all that permitting process occurred during the '70s. 212 8/31/2004 9:05 AM 8/31/2004 9:05 AM 213 ADAD21-003661 HARTOLDMON0033617 4/21/1998 Brown, Jerry; Mars Hil) Back to my question. How often did ADEM come out -- Let me continue. Okay. That permitting process was a continuing dialogue of paperwork, on-site inspections, rerouting of streams within the plant, inspections that went forward 9 all the way through the '70s. So the 10 interchange with the Water Improvement 11 Commission at that time was very 12 frequent and regular all the way through 13 the mid and latter '70s. Okay. 14 Your next question pertained to 15 landfill. That was operated under the 16 solid waste division of the Public 17 Health Department. They did quarterly 18 on-site inspections of that landfill all 19 through those years. 20 Q. All through the '70s? 2L A. Yes. 22 Q. What did -- I want to get to those 23 quarterly inspections the health m1/2004 9:05 AM 4/21/1998 Brown, Jerry; Mars Hill 1 department did. But what kind of 2 testing -- Let me withdraw that. What 3 kind of frequently did ADEM's 4 representatives come to the plant during 5 the '70s? 6 A. See, ADEM didn't exist until -- 7 Q. Well, Water Improvement Commission. 8 A. Water Improvement Commission, typically 9 four times a year. 10 Q. Okay. About quarterly? 11 A. Uh-huh (indicating yes). 12 Q* And what did they test for when they 13 came? 14 A. Okay. Water discharge standards were 15 being developed as part of the 16 regulatory process. 17 Q. Did they test for PCBs, Mr. Brown, 18 during that period of time? 19 A. No, no, because we were dealing with 20 discharges from the plant, from 21 manufacturing operations. 1 Q- At any point in time, Mr. Brown, do you know if Mr. Mullally or anybody. 8/31/2004 9:05 AM 4/21/1998 Brown, Jerry; Mars Hill 1 iur. rapageorgts, wuu wa um pxetin. 2 manager in *69, did y'all ever tell him 3 y'all might have a leak at the PCB dump? 4 A. I don't know what Mullally told 5 Papageorge. 6 Q. Did you ever tell him that? 7 A. This is the first time I have seen this 8 document. 9 q. You never told him that? 10 A. No. How could I tell him if I have 11 never seen it? 12 Q. Well, as part of environmental -- 13 A. I wasn't part of environmental atthis 14 time. 15 Q. In '74 you became chief chemist there, 16 and it is my understanding you were 17 responsible for emissions. 18 A. By then we had a landfill and routine 19 operations were being inspected on a 20 quarterly basis. 21 Q. Did you tell anybody at the Attorney 22 General's Office that y'all had some 23 suspicions at the time you began working 8/31/2004 9:05 AM 4/21/1998 Brown, Jerry; Mars Hill 1 2 3 4 5 A. 6 7 8 9 10 11 A. 12 13 Q. 14 15 16 17 A. 18 Q19 20 A. 21 Q22 23 on this dump in the '70s, when he came up and talked about this sediment in Snow Creek, that you might have a problem there? Did you tell him that? I didn't know this. MR. PECK: In 1975 did he tell them about what happened in 1970? Is that what you are asking? MR. STEWART: Yes. I didn't know this. I have told you that fifteen times now. Well, to your knowledge did anybody from Monsanto that was involved -- Mr. Mullally was still working there in '85, wasn't he, Mr. Brown? No. Weren't some of those people that were on this task force working there? No. So that just stayed in limbo, and no one knew about the concerns? And maybe I'm missing something -- 8/31/2004 9:05 AM ADAD21 -003662 HARTOLDMON0033618 1 A. 2 3 \ 5 6 7 Q. 8 9 A. 10 11 Q12 A. 13 G. 14 15 16 A. 17 Q. 18 19 20 A. 21 Q. 22 A. 23 Q. 4/21/1998 Brown, Jerry; Mars Hill What I'm tpIlinrT unn i t-his loH fn 1-h< operation of that landfill as a landfill operation managed by Bill Taffee and inspected on a quarterly basis by the state solid waste division of public health. Was the solid waste division checking about releases from the -- They inspected it for releases every quarter. Well, how did they do that? By on-site visual walk-around. Did they ever do any actual testing for PCBs in sediment or soil that was north of the south landfill? To my knowledge, no. Did they ever check in any of the drainage ditches that fed off this landfill south of 202? To my knowledge, no. Did y'all? No. So the only testing that you all ever 4/21/1998 Brown, Jerry; Mars Hill 1 2 3 4 5 6 Q7 8 9 10 11 A. 12 Q. 13 14 15 16 17 A. 18 Q19 A. 20 Q. 21 22 23 There was 002 off the biological waste treatment plant. Then there were two or three more on this side that were part of the routine discharge reporting, Mr. Brown, after '85, after y'all discovered this sediment with high levels of PCBs in it down there on Snow Creek and y'all removed that, y'all took that to Emelle; is that correct? That's correct. What do you understand -- Who do you understand, rather, is the person who is probably the foremost expert in Monsanto Chemical Company as far as PCBs is concerned that you are familiar with? As -- Knows the most about it. Today? Well, at any point in time from the time we first started talking about this problem in the '70s and on through the '80s, somebody that you would know and 3/31/2004 9:05 AM 4/21/1998 Brown, Jerry; Mars Hill 1 did was this Attorney General's 2 investigation for PCBs? 3 A. The Attorney General didn't have 4 anything to do with the '70s. That was 5 mid * 80s. 6 Q. That is what I'm talking about. 7 A. You said -- 8 Q. From the `70s to mid '80, the only 9 testing y'all did for PCBs off site had 10 to do with, as you shut the lab down in 11 the early '70s, had to do with this 12 investigation by the Attorney General? 13 We tested the discharge points for 14 priority pollutants and PCBs. 15 Q. Well, was there discharge point testing 16 down around the southern landfill? 17 There was no regulated discharge point 18 from the southern landfill. 19 Q. Okay. 20 A. And if you look at the regulatory process all discharge points were controlled to specific and regulated discharge points, this being D 001. 218 8/31/2004 9:05 AM 4/21/1998 Brown, Jerry; Mars Hill 1 be familiar with? Would that be Bill 2 Papageorge, William Papageorge? 3 A. Well, Bill retired, and a fellow by the 4 name of John Craddock was responsible 5 for the PCB issues for a number of years 6 and now Dr. Kaley. 7 Q. Before Dr. Kaley and before 8 Mr. Craddock, would Mr. Papageorge have 9 held that kind of position? 10 A. He did for a period of time, but I'm not 11 that clear on the time frame. 12 Q. When did he retire? 13 A. I don't remember. 14 Q. Wasn't it in the '80s? 15 A. I have no idea. 16 Q. Okay. Did you ever talk to 17 Mr. Papageorge when you were dealing 18 with this problem in the '70s about PCB 19 contamination in the '70s or '80s? Did 20 you ever talk to him? 21 A. 22 Let me clarify the time. In the '80s the point of contact was John Craddock. 23 Q. Okay. Did you talk to him about it? 220 8/31/2004 9:05 AM 219 8/31/2004 9:05 AM zzi ADAD21-003663 HARTOLDMON0033619 4/21/1998 Brown, Jerry; Mars Hill 1 A. Yes, sir, routinely. 2 Q. Now, did you all ever discuss at any 3 point in time the most appropriate method of removing PCBs from property 5 that you either had control of or were 6 responsible for such as the sediments in 7 Snow Creek? 6 MR. PECK: Object to the form of 9 the question. 10 A. We discussed in detail the sediment of 11 Snow Creek. 12 Q. Okay. Did y'ali discuss -- When you say 13 we, you are talking about Mr. Craddock? 14 A. I'm really talking about everybody 15 associated with this particular project 16 within Monsanto, the state, ADEM groups. 17 Q. I'm looking for who in Monsanto you 18 talked to, Mr. Brown. Who would that 19 have been? 20 A. Well, me, Cheever, Craddock, a guy by 21 the name of Don Cayard. 22 Q. Where was he located? 23 A. In St. Louis. 4/21/1999 Brown, Jerry; Mars Hill 2 3 4 Q5 6 7 8 9 A. 10 Q. 11 A. 12 Q. 13 14 15 A. 16 17 18 19 20 21 22 23 which specifically regulates PCBs. They had their emergency cleanup group involved, and I guess water. Now, tell me if you would how y'ali arrived at the decision to remove the sediment and to just temporarily store it at -- Where did you do that, at the landfill site? Yes. Then you moved it to Emelle? That's correct. Did you do that at the instructions of EPA or ADEM or the Attorney General? Who instructed you to do that? Well, you have to look at what constitutes PCB wastes under regulations. Just the sheer fact that some PCB might be someplace doesn't mean that it is specifically regulated under TOSCA. But if I go dig up something and I have to do something with it then, I then have got something I have to know exactly what to do with it under the /31/2004 9:05 AM 4/21/1998 Brown, Jerry; Mars Hill 1 Q. What was his position? 2 A. See, at this point in time we, the 3 plant, were part of Monsanto 4 Agricultural Products Company. He was 5 the manager for Monsanto Agricultural, 6 Products. 7 0. So you talked to him? 8 A. So he had the responsibility for the 9 plant although PCB was not an ag issue. 10 It belonged over to a corporate issue, 11 John Craddock. But they were both 12 involved. Then from an agency 13 standpoint, the Attorney General's 14 Office, Craig Kneisei and Gary Allen. 15 From ADEM standpoint. Bill Lott, Charles 16 Horn, solid waste folks. And there 17 again, I'm having a hard time 18 remembering when Buddy Cox made his 19 move, and EPA had three different 20 agencies involved. 21 Q. Okay. 2 A. They had the TOSCA group involved. 23 That's the Toxic Substances Control Act 222 8/31/2004 9:05 AM 4/21/1998 Brown, Jerry; Mars Hill 1 2 3 4 5 Q. 6 7 A. 9 10 11 12 13 A. 14 15 16 Q. 17 18 19 A. 20 21 22 23 Q. regulation. So that had to be removed and analyzed to determine exactly the right course of action to go with under the regulation. Once you analyzed it, you took it to Emelle? That's correct. Was there any consideration that you all made, Mr. Brown, as a company about what y'ali considered to be the better methods of disposing of this particular waste? We had no options. If it was determined to be PCB waste, to comply with the law, we had to dispose of it as PCB waste. Okay. And take it to Emelle. You didn't have a choice at that point in time? Well, the options for disposing of PCB waste are tremendously restrictive. There aren't many, and Emelle is by far the closest one to us. Tell me if you would if y'ali talked at 8/31/2004 9:05 AM 223 8/31/2004 9:05 AM 4/21/1998 Brown, Jerry; Mars Hill 1 any point in time, you and -- Is it 2 Craddock? That's correct. The other fellow, what is his name? How do you spell his name? 6 A. C-a-y-a-r-d. 7 Q. Did y'all talk at any point in time about the method of disposal that y'all 9 felt was the best method of disposal as 10 far as PCBs were concerned or any 11 contaminant? 12 A. Well, we had only one available if it 13 was PCB regulated waste. So there was 14 never a discussion. 15 Q. Y'all never talked about what Monsanto 16 viewed was the best method of disposing 17 of a contaminant, whether it be PCBs or ie parathion or whatever it is? 19 A. It depends on what it is. 20 Q. Are you familiar with a best selection 21 kind of process that Monsanto suggests 22 you go through if you find, say, PCBs in 23 these high levels? 4/21/1998 Brown, Jerry; Mars Hill 2 could be biologically treated. 3 Q. Then it doesn't create a problem for 4 anybody any more once you detoxify it, 5 so to speak? 6 A. That's right. "7 Q- And is not incineration a form of detoxifying, just changing -- 10 11 12 13 14 Q. 15 16 17 18 A. 19 20 21 Q. 22 23 chemical reaction to convert it from one thing to another. Most of the times the properties are dramatically changed and in effect detoxified. Well, isn't that a better choice than just leaving it somewhere? MR. PECK: Object to the form of the question. Some things are very amenable to incineration. Other things simply are not. Did y'all ever discuss at any point in time about the sediment you found on Snow Creek, incinerating it? '31/2004 9:05 AM 4/21/1998 Brown, Jerry; Mars Hill 1 I have never heard a term "best 2 selection." I don't know what you are 3 talking about. 4 Well, best methods of disposing of it. 5 Do you know whether or not they have 6 ranked them and said here is what we 7 feel are the best methods of disposing of contaminants? 9 A. Do you mean worldwide guidelines that 10 may have been established for managing 11 waste? Is that what you are referring 12 to? 13 Q. It could be. I'm just asking you if you 14 have an understanding. Let me just give 15 you some alternatives, Mr. Brown, and 16 see what you as a thirty-year employee 17 of the company feel like the company 18 would choose. Let's say you found a 19 contaminate and you could detoxify it in 20 some fashion. Is that not the best 21 approach to take? A. Sure. And that is the purpose, as I described earlier, of the biological 226 8/31/2004 9:05 AM 4/21/1998 Brown, Jerry; Mars Hill 1 A. 2 3 4 5 6 7 8 Q. 9 10 11 A. 12 13 14 Q. 15 16 17 18 19 20 21 22 A. 23 No, because the technology for incinerating dirt was something that is extremely hard to do. I mean, the PCB molecule is extremely hard to incinerate. And when you start trying to incinerate dirt along with that, it's an extremely difficult technology. Did Craddock ever mention it or the other fellow from the ag division ever mention it? You know, at that point in time there was no technology available and permitted for incinerating PCB dirt. Okay. Then the next best -- If you could have done that, would that have been better than just taking it and putting it somewhere else, if you could have incinerated it, Mr. Brown? MR. PECK: Object to the form of the question, calls for speculation. Until the technology is demonstrated, I can't answer the question. 228 8/31/2004 9:05AM 227 8/31/2004 9:05 AM 229 ADAD21-003665 HARTOLDMON0033621 4/21/1998 Brown, Jerry; Mars Hill 1 Q. Then the next best approach would be tc 2 take it to Emelle, wouldn't it? A. That was the only available approach from a regulatory standpoint. Q. To take it to Emelle because of the high 6 levels of PCBs you found? 1 A. Because we had a waste material we had 9 to dispose of that was more than fifty 9 parts per million of PCBs. 10 Q. And that is what you were supposed to do 11 with it? 12 A. With waste material that I have 13 generated that I have to dispose of. 14 Q. Have you ever heard Mr. Papageorge 15 indicate that if PCBs were in a place 16 where they could affect a water supply, 17 that that would also -- or a stream or 18 river or something like that, that would 19 also have something to do with the 20 method of disposal? 21 A. 22 I've never heard Mr. Papageorge speak on that issue. 23 Q. Have you ever heard anybody in Monsanto 4/21/1998 Brown, Jerry; Mars Hill Well, isn't that what y'all did, 2 according to your statement to me 3 earlier, in the '70s when y'all started 4 this capping of the landfill over 6 A. That's correct. 7 Q. -- south of 202? 8 A. That's correct. 9 Q. And wouldn't it ! 10 since that time there has been a 11 demonstrable problem that has been 12 created for Monsanto and for the 13 residents of Cobb Town, Sweet Valley, 14 Mars Hill, by a leaching out of PCBs 15 from the landfill? 16 A. Absolutely not. 17 Q. Well, where did it come from, Mr. Brown? 18 A. It has not leached from that landfill. 19 Q. Where did it come from, Mr. Brown? 20 A. I don't know where it came from, but 21 there -- And it is a very broad term 22 here. And you know, we are dealing with 23 analytical technology today that is ,8/31/2004 9:05 AM 4/21/1998 Brown, Jerry; Mars Hill 1 speak at that issue, where it is 2 indicated that if PCBs are contaminating 3 the environment and a part of that 4 environment they are contaminating is a 5 stream, that the method of removing that 6 contamination should be either remove it 7 from the site someplace like Emelle or incinerate it? 9 MR. PECK; Object to the form of 10 the question. 11 You know, what you are getting at is 12 highly debatable, highly speculative, 13 and you can get experts on that that can 14 discuss it from one spectrum to the 15 other, because the potential to create 16 more problems than you solve exists. 17 I'll get to that in a minute. But what 18 I'm getting at is what Monsanto's 19 position has been through people like 20 Mr. Papageorge and like Mr. Craddock. 21 The guidance I'm mostly familiar with is simply capping it, entombing it so it can never move. 230 8/31/2004 9:05 AM 4/21/1998 Brown, Jerry; Mars Hill 1 2 3 4 Q5 6 7 8 A. 9 Q10 11 12 13 14 15 A. 16 17 18 Q. 19 20 21 A. 22 23 Q. analyzing in parts per trillion that detects stuff that couldn't be detected then. I'm asking you, Mr. Brown, where this stuff came from. You have indicated it didn't come from the landfill. Where did it come from? I don't know. Well, why is it, Mr. Brown -- I mean, I'm going to get back to these other questions I wanted to ask you. But why is it, Mr. Brown, y'all are doing all the work on the south end landfill? What is the purpose of that? The purpose of that is to put the absolute latest technology closure on that facility. Well, if the PCBs don't come from that facility, what in the world are you doing that for, Mr. Brown? A lot of it is being done for other reasons besides PCBs. Give me those. 8/31/20O4 9:05 AM 231 8/31/2004 9:05 AM 4/21/1998 Brown, Jerry; Mare Hill 1 A. The program that we have had in place 2 remediating organophosphate movements underneath the soil. What are those? Trace contaminants off the sulfur that 6 was buried. I Q. That is why you are doing all that work 8 over there? 9 A. I said that is part of it. 10 o. What else? II A. The other part is the fact that very, 12 very low levels of PCBs have been 13 detected on the surface that most likely 14 have been there all these years. 15 Q. On the surface of what, Mr. Brown? 16 A. Some of the soils. 11 Q. Of the -- 18 A. But not on the -- Not on the cap of the 19 PCB area. 20 Q. You mean on top of the landfill? 21 A. Well, some of the areas around it, yes. 22 Q. Some of the areas around the landfill? 23 Tell me where those are. 4/21/1998 Brown, Jerry; Mars Hill 2 3 A. 4 Q. 6 7 A. 8 Q 10 Q. 11 12 13 14 15 A. 16 17 Q. 18 19 20 A. 21 Q. 22 A. 23 Q. Could you mark an X where you made it a minute -- a minute ago. (Executed by the witness.) Do you mind if we puts PCB there and a little arrow? Where else were findings made if you know, Mr. Brown? I don't know. I mean, I have not been a part of that process. I don't know all Tell me if it is a fact, Mr. Brown, that where you have made this X on Plaintiffs' Exhibit Two is outside of the landfill or outside the regulated cells. The landfill is this entire area. That is the regulated landfill. Mr. Brown, is it not a fact that the cells are where the PCBs are supposed to be buried? Yes. And that is by law and regulation? Yes. And to bury it outside of that is a m1/31/2004 9:05 AM 4/21/1998 Brown, Jerry; Mars Hill 1 A. I'm really talking about more areas in 2 wooded areas in between cells where very 3 low levels of PCBs have been detected as 4 part of this very, very intensive 5 sampling and monitoring program has been 6 underway. 7 Q. How about marking on Plaintiffs' Exhibit 8 Two, Mr. Brown, where you are talking 9 about. And mark it with an X where you 10 are talking about y'all found levels of 11 PCBs outside these cells. Is that what 12 you are talking about? 13 A. And to get that kind of data, you need 14 to get with somebody else because I 15 don't know it. I've not seen it other 16 than strictly general discussion, and 17 what I provide would be highly 18 speculative because I have not been a 19 part of it. 20 Q. Mr. Brown, I want to ask you. You made 21 a motion a minute ago toward some areas, and you said some wooded area. And it appeared to be in between these cells. 234 8/31/2004 9:05 AM 4/21/1998 Brown, Jerry; Mars Hill 1 violation of law, isn't it, Mr. Brown? 2 A. I'm not saying PCBs were buried outside 3 of that. What I'm saying is - 4 Q- The answer to the question is yes, isn't 5 it, Mr. Brown? 6 MR. PECK: He can explain his 7 answer if he wants to. 8 0 But it is a violation of the law to bury 9 PCBs or regulated substance outside 10 these cells, is it not? 11 MR. PECK: In 1960, 1970, 1980, 12 1990? 13 MR. STEWART: Adam, that is not an 14 objection. 15 MR. PECK: Okay. I object to the 16 form of the question because 17 there is no time and I don't 18 know what time we are talking 19 about. 20 Q. When the government began to regulate 21 PCBs and other substances under TOSCA 22 they indicated to you and anybody else 23 that had anything to do with them that 236 B/31/2004 9:05 AM 235 8/31/2004 9:05 AM 237 ADAD21-003667 HARTOLDMON0033623 4/21/1998 Brown, Jerry; Mars Hill 1 it was against the law to bury them 2 outside these cells, didn't they? 3 A. And no PCBs have been buried in that period of time. 5 0. If they had been outside one of these 6 cells that is depicted on Plaintiffs' 7 Exhibit Two, that would be a violation of the law, wouldn't it? 9 A. After the law was put in place, it is a 10 violation to bury any more there, 11 period. You couldn't -- in or outside 12 the cell. You simply could not do it. 13 Q. You cannot bury anything -- 14 A. This was never approved under the law 15 for continued use as a PCB disposing 16 site and was not. 17 Q. Okay. So if you found PCBs in any 18 process on property that was not in 19 these cells, then you had to dispose of 20 it at Emelle, didn't you, or some 21 regulated facility? 22 A. No, no, no, no, no, no. 23 Q. What would you do with it? 4/21/1998 Brown, Jerry; Mars Hill 1 2 3 4 5 6 A. 7 G. 8 9 10 11 12 13 A. 14 Q. 15 16 17 A. 18 19 Q. 20 21 22 23 understand it -- I want to make sure I understand. These cells are not even qualified to take it if you dig it up outside the cell now anyway, are they? MR. PECK*. Object to the form. They never have been under TOSCA. Okay. Thank you. And are there criminal penalties associated with violating that law? MR. PECK: Object to the form of the question, lack of foundation. Most regulations are, do have. Do you know whether there are criminal penalties, Mr. Brown, associated with that kind of activity? I would assume so, violations of TOSCA. I will qualify that. Now, any decision that was made in connection with this landfill from '70 through 1998, through where we sit today, would have been made by Monsanto or by representatives from Monsanto, J/31/2004 9:05 AM 4/21/1998 Brown, Jerry; Mars Hili 1 A. No, no, no. There is nothing that says 2 it has to be moved. 3 Q- What if it is at levels above fifty 4 parts per million and it is outside one 5 of these cells, Mr. Brown? Are you 6 telling me it has to be put in a 7 regulated facility like Emelle? 8 A. I'm telling you that there is no law 9 that states it has to be dug up, period. 10 Q. Well, what if you dig it up, Mr. Brown? 11 A. If you dig it up and it is greater than 12 fifty parts per million, it has to go to 13 a regulated cell. 14 Q. Otherwise it is a violation of the law. 15 isn't it? 16 A. Yes. 17 Q. And it is criminal, isn't it? 18 MR. PECK: Object to the form, 19 lack of foundation. 20 Q. Weren't there criminal penalties 21 associated with digging up and locating If2 PCBs and burying it outside one of these 23 cells? And you are telling me -- As I 8/31/2004 9:05 AM 4/21/1998 Brown, Jerry; Mars Hill 1 2 A. 3 Q. 4 5 6 A. 7 Q. 8 9 10 11 12 13 14 A. 15 16 G. 17 18 19 A. 20 Q. 21 22 23 wouldn't it, Mr. Brown? Yes. So if a contractor ran into something. y'all were the ones who made a decision on what to do with it, weren't you? Yes. How is it that process worked, even in this latest remediation process. Mr. Brown? MR. PECK: Object to the form of the question, lack of foundation. He has not been involved. I don't understand your question or your point. If you ran into something that people didn't know what it was, they would call you all, wouldn't they? Yes. And y'all would make the decision through Alan Faust, wouldn't you? MR. PECK: Object to the form of the question, lack of 240 6/3i/2Uu4 y;0o AM 239 8/31/2004 9:05 AM 241 ADAD21-003668 HARTOLDMON0033624 4/21/1998 Brown, Jerry; Mars Hill l foundat i rvn . Wo. uoss 2 involved. 3 A. I mean, I'm totally ignorant of what you ) are talking about. I have no idea what you are talking about. 6 Q. During the remediation process are you 7 telling me you didn't have any part to 8 play in it? Your office had no part in 9 the -- 10 A. I had absolutely no part whatsoever in 11 any remediation activity that has been 12 underway out there. 13 Q- Out there at the plant since '93? 14 A. Even before '93. 15 Q. You have not been involved -- 16 A. Not whatsoever. 17 Q. But it is your understanding that if 18 something were found that is a toxic 19 substance regulated by federal law, even 20 though it was turned over to the state. 21 then Monsanto made the decision as to 22 what to do with that material; is that 23 correct? 1 2 3 4 5 6 7 A. 8 9 10 11 12 13 14 Q. 15 16 17 18 19 20 21 A. 22 Q23 4/21/1998 Brown, Jerry; Mars Hill didn't let some contractor make some decision about something like that, did they, Mr. Brown? MR. PECK: Hto Object to the form of ~ot-i~ e~v speculation. No. Contractors didn't -- It was either -- The word "contractor" can rnvpr snrh a :ner,1-niin Th rnnlrl be somebody who is very highly educated or somebody who is not. It as a resource for knowledge on a particular situation. In this case the construction of the remediation efforts was something that y'all had to approve the plan for; is that correct? MR. PECK: Object to the form of the question, lack of foundation. Again, I don't know anything about it. Who handled that? Was Mr. Jones involved in that? 1/31/2004 9:05 AM 4/21/1998 Brown, Jerry; Mars Hid 1 HR. PECK: Object to the form of 2 the question, calls for 3 speculation. 4 A. All I can answer you on is the practice 5 that I was associated with the years I 6 was involved. If there is ever any 7 question about it being right or wrong, 8 we talked with the agencies involved. I 9 have never, and I repeat, absolutely 10 never, seen any attempt on anybody's 11 part associated with Monsanto to 12 knowingly violate a regulation in any 13 decision they made. 14 Q. What I have reference to is you work 15 with independent contractors from time 16 to time who did work with you while you 17 were involved in environmental work, 18 didn't you? 19 Yes. 20 Q. If there was any material that was found 21 outside one of these cells in that time frame, y'all's practice was at that time to make the decision yourself? Monsanto 8/31/2004 9:05 AM 4/21/1998 Brown, Jerry; Mars Hill 1 A. 2 Q. 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 A. 20 21 Q. 22 23 Mr. Faust is the manager of that. When we talked to Mr. Mayausky, he indicated to us -- and the reason I'm asking these questions -- that you and Mr, Jones were the ones who interfaced with the regulators about any problems that might have been experienced as far as this particular program y'all have out there. That is the reason I'm asking these questions. It is not out of ignorance on my part. It is out of where he directed me to come. He didn't know anything about it, so I'm asking you. And I need to know if somebody out there -- Everybody may point the finger this way, but I have to have somebody who knows something about it. Robert Jones has been the direct contact to the regulatory community. And has he been the direct contact for Monsanto in connection with any decision that had to be made in the remediation 244 8/31/2004 9:05 AM 243 8/31/2004 9:05 AM 245 ADAD21-003669 HARTOLDMON0033625 4/21/1998 Brown, Jerry; Mars Hill 1 process out there? You haven't been. 2 He has? I have not been. And before he took that position, were you in that position? Yes, I was. 7 Q- If you had a contractor constructing 8 something for you -- let's say just 9 taking some material up to the dump. 10 You had some people do that from time to 11 time, didn't you, while you were there? 12 A. Yes, yes. 13 Q. If you had a problem with some material 14 they ran into when you were there, 15 didn't they call on you, Mr. Brown? 16 Yes. And you are the one who made the 18 decision on what to do with that 19 particular material, aren't you? 20 And if I had a doubt about it, I called 21 the regulatory community involved and my 22 specialist in St. Louis. 23 Okay. 4/21/1998 Brown, Jerry; Mars Hill identification.) 2 Before we leave that, I want to ask you 3 some questions about Exhibit Two. What 4 do you know, if you know anything about 5 it, was done with this material that 6 they found, Mr. Brown, that had PCB 7 contamination in it in the spot where 8 you marked X on Plaintiffs' Exhibit Two? 9 What happened to that? 10 A. Well, that was very low levels of PCBs, 11 and all that area has been capped over. 12 0. So you just capped it as it sat? 13 A. Yes. 14 Q. Would that indicate to me -- Just 15 consider me real stupid about this 16 stuff, not having -- you coming from 17 Cleburne County, and I can better you in 18 that as I come from Munford. We used to 19 have a blinking light, but we don't any 20 more. So I don't know a whole lot about 21 this stuff. Would that indicate there 22 were PCBs buried under there, or am I to 23 assume -- C/31/2004 9:05 AM 4/21/1998 Brown, Jerry; Mare Hill 1 A. Using the best collective knowledge, we 2 made the decision based on that. 3 Q. That is what y'all did? 4 A. Yes. 5 Q. But the ultimate decision certainly 6 wasn't left with some contractor y'all 7 had hired. That was Monsanto's property 8 and Monsanto's material or substance, 9 and you are the ones who made the 10 decision? 11 A. That's correct. 12 Q- Do you know of any change in that 13 process that occurred when Robert Jones 14 took over your position? 15 A. No, I don't. 16 Q- Now, you have indicated to roe what was 1? buried in these landfills right here. I 18 want you to take a look at what would be 19 Exhibit -20 MR. STEWART: Mark that 21 Plaintiffs' Exhibit Five. 1 (Plaintiffs' Exhibit Number 2 3 Five was marked for 246 8/31/2004 9:05 AM 4/21/1998 Brown, Jerry; Mare Hill 1 A. 2 Q. 3 A. 4 5 6 7 8 Q. 9 A. 10 Q. 11 A. 12 13 14 15 16 17 18 19 20 21 22 23 No. Well, where did the PCBs come from? I think we have talked before about the molecule being stable in the environment and adhering to clay particles. And if you look many places in the environment, you can find PCBs. So it is your testimony here -- And -- Go ahead. Finish up. Just like DDT and other molecules that have been determined to be stable in the environment, they are gradually depleting with time, but it is a very. very slow process. And as technology is developed analytically, where PCB -- Let roe give you an example. Land is determined or sediments that were determined not to have PCBs in the '70s may be analyzed today and found to contain low levels of PCBs. But it doesn't mean that some has been put there. I guess what I'm trying to say 248 0/31/2UU4 y:ut> AM 247 8/31/2004 9:05 AM 249 ADAD21-003670 HARTOLDMON0033626 4/21/1998 Brown, Jerry; Mars Hill 1 is that when you start dealing with 2 parts per million and parts per billion, to say specifically where it came from, it is a very difficult situation to answer. 6 Q. What kind of readings did you get in 7 this spot? e A. I don't know. I don't know. 9 Q. Was it less than ten parts per million? 10 A. I'm honestly saying I do not know. 11 0. Would Mr. Jones know? 12 A. I would expect that he would. 13 Q. Who performed the tests? 14 A. I do not know. 15 Q. How wide an area in this thirty-acre 16 tract that you call the southern 17 landfill did y'all check and make 18 determinations as to whether or not you 19 had PCBs? 20 A. I assuming the whole thing. Thousands 21 of samples were taken over the whole 22 part of the country out there. 23 Q. Were there thousands of samples taken in 4/21/1998 Brown, Jerry; Mars Hill 1 place around here to dispose of it. 2 Q. Is that again because the regulations 3 say if you dug it up you had to take it 4 to Emelle? You couldn't leave it on 6 7 A. 8 Q. 9 10 A. 11 12 13 O. 14 15 A. 16 Q. 17 A. 18 Q. 19 20 A. 21 Q. 22 A. 23 Q. MB. PECK: Object to the form. Could you repeat that? Is that again because of the TOSCA regulations, that if you dug it up - This wasn't something dug up. It was equipment sitting on top of the ground that was disposed of. Why was it disposed of? Was it contaminated with PCBs? I don * t know. Wasn't it this old PCB equipment? Again, I don't know. I wasn't involved. Well, do you understand anything at all about what kind of equipment it was? No, I do not. I did not look at it. Do you remember the year that was done? I'm guessing three or four years ago. Sometime in '93? 1/2004 9:05 AM 4/21/1998 Brown, Jerry; Mars Hill 1 the landfill? 2 A. Well, this entire area was sampled. 3 Q. All of that landfill was sampled? 4 A. That is my understanding, but again I S have not specifically looked at the 6 sampling locations and data. 7 Q. But that is where you got the 8 information that there were perhaps some 9 PCBs located outside the cells in this 10 little spot that you marked with an X? 11 A. Right. 12 Q. Now, were there drums found anywhere out 13 there in the sampling that was done? 14 A. There was -- not drums, I don't think. 15 But there was some equipment that may 16 have been stored there years ago. 17 Q. Was that removed? 18 A. Yes. 19 0. And where was it taken, to Emelle? 20 A. I'm assuming Emelle. I don't know. 21 Q. Why? A. Well, if you are going to dispose of ^3 something someplace, that is the only 8/31/2004 9:05 AM 4/21/1998 Brown, Jerry; Mars Hill 1 A. 2 Q3 4 A. 5 Q6 7 8 A. 9 10 11 12 13 14 15 16 17 Q18 19 20 21 22 A. 23 -Q. '3, '4, something like that. And was Mr. Jones in charge of that project? Yes, he was. And did he write to the regulatory authorities and tell them what he had been doing? Are you familiar with that? No. MR. PECK: I object to the form of the question. It calls for speculation. MR. STEWART: I'm trying to find out so he won't speculate. MR. PECK: Let's take a quick break. (A break was taken.) Let me show you Plaintiffs' Exhibit Five. Is that what we have now learned or I have now learned -- I think everybody else knew it but me -- is the west end landfill? That's correct. And your statement previously in this 252 8/31/2004 9:05 AM 251 8/31/2004 9:05 AM 253 ADAD21-003671 HARTOLDMON0033627 4/21/1998 Brown, Jerry; Mars Hilt 1 deposition was that that was not a 2 landfill as such like the property south 3 of 202. What is it that you understand ) it was used for before the problem arose, say, in '93? 6 A. That was the disposal area probably from 7 the teens to the late * 50s. 8 Q. When you say disposal area, what did you 9 understand was put there? Did you know. 10 have any idea? 11 A. As I mentioned earlier, I would assume 12 the steel bottom residue from PCBs, some 13 of the phosphates, slag from the former 14 phosphate operations, and that is 15 basically what I have been told by some 16 long-time employees. 17 Q. Who were those people that told you 18 that, Mr. Brown? 19 A. Billy Clemmett. 20 Q. Is he living? 21 A. Yes. 22 Q. Where does Mr. Clemmett live? 23 A. Just off Coldwater Road. 4/21/1998 Brown, Jerry; Mare Hill 1 2 3 A. 4 05 A. 6 7 Q. 8 9 10 11 12 A. 13 14 15 16 17 Q. 18 A. 19 20 Q. 21 22 23 referring to this 230 KY switchyard that is located on -- Yes. -- Plaintiffs' Exhibit Five? That land was transferred to Alabama Power Company in about 1960. When you say that land, is the land you are referring to the property that is sketched in this little rectangle here that says Alabama Power, 230 KY switchyard, or KV? All of this here (indicating). There was a land swap, and I'm not -- I can't sketch out exactly what was involved. but this part was transferred, including some of this, to Alabama Power -- Is it your understanding that -- -- for, I believe, a piece of property down here (indicating)Can you show me just in your best judgment -- and I'm not asking you and holding you to this. But just in your best judgment what was swapped? /31/2004 9:05 AM 4/21i133o Brown, jerry; Mars Hiii 1 Q. 2 A. 3 Q. 4 5 A. 6 Q. 7 A. 8 Q. 9 10 11 12 A. 13 14 Q. 15 A. 16 Q. 17 18 19 A. 20 21 ^^3 Q. How do you spell that last name? C-l-e-m-m-e-t-t. Is that the way his name is listed in the phone book? As far as I know, yes. Is he retired from Monsanto? Yes. And how would Mr. Clemmett know what was buried there? Did he work there at the time the production waste was disposed of in this landfill? Part of it. He would have started his employment probably in the '50s. When did he retire? I guess in '92 something like that. Do you know whether or not this particular landfill was capped before the work was done on it in *93 and '94? It was covered with a clay cap and stayed that way for many, many years, until it was partially disrupted by the construction of the switchyard. When you say switchyard, are you 254 8/31/2004 9:05 AM 4/21/1998 Brown, Jerry; Mare Hill 1 A. That is what I was trying to do. 2 Q. Okay. Can you mark it out with this 3 pen, just sort of mark through it with 4 lines as to what was traded to the 5 Alabama Power Company. 6 A. I think the land that Monsanto needed at 7 the time was down here (indicating). 8 Q. All right. Can you draw that in 9 completely and just -- 10 A. I mean, this -- 11 Q. And put an M in it. 12 A. You know, this is very shaky now. I*m 13 not guaranteeing this. 14 Q. I understand. 15 A. And something like this was traded 16 for -- 17 Q. When you say something like this, is 18 that all of the shaded area within that 19 area you have marked in? 20 A. 21 Q. Yes. Put APC in that if you would. And that 22 was the APC land that the Monsanto 23 traded for the land down there that they 256 8/31/2004 9:05 AM 255 8/31/2QG4 3:05 AM 257 ADAD21-003672 HARTOLDMON0033628 4/21/1999 Brown, Jerry; Mars Hill 1 needed? 2 A. That's correct. 3 Q. And when did that occur? ) A. About 1960. Q. 1960? 6 A. '59, '60. 7 Q. I want to ask you some more questions -- 8 A. It was land down in here. I'm not -- 9 The land to APC down here and Monsanto 10 down here, basically something like that 11 (indicating). 12 Q. I'm going to ask you some more questions 13 about that at another time. But before 14 we do that, I want to show you a 15 document that I want to mark as 16 Plaintiffs' Exhibit Six. 17 (Plaintiffs' Exhibit Number 18 Six was marked for 19 identification.) 20 Q. Now, if you will take a look at this 21 document and read over it -- Before you 22 get to read it, who is Henry Hudson? Do 23 you know who Henry Hudson is? 4/21/1998 Brown, Jerry; Mars Hill But I Want to ask you some 2 questions about this. Have you had an 3 opportunity to read over this now? 4 Let's go to the back page back here. Thej.e ate auiu<= name mentioned, George 6 Morris, Fred Stroud, John Johnson, Ray 7 Wilkerson, and Ralph Jennings. Do you 8 know any of those people? 9 10 familiar as the name Henry Hudson is. 11 In other words, they are both vaguely 12 familiar. The others I simply don't 13 remember at all. 14 Do you remember Mr. Jennings being 15 someone who might have been involved 16 with EPA or some federal agency? 17 That's my best guess. 18 There is a little map that is drawn on 19 page three of this exhibit, and it shows 20 Snow Creek and a tributary leading to 21 Snow Creek, Monsanto, and it has a 22 Little reading there that Snow Creek has 23 PCBs below this point. The tributary /31/2004 9:05 AM 4/21/1998 Brown, Jerry; Mars Hill 1 2 3 4 5 6 7 9 10 n 12 13 14 15 16 17 18 19 20 21 ^^23 A. I'm trying to remember. Q. Was he connected with Monsanto? A. No. Q. Was he connected with the health department? A. I can't remember. If I read this, it might trigger something. Q. Okay. Just read over it. A. I believe Henry Hudson is one of the EPA people who were involved in this. Q. Okay. MR. PECK: Henry Hudson was with who, EPA? THE WITNESS: I believe EPA, but I have never seen this document. A. I mean, do you know who Henry Hudson is? Q. No, Mr. Brown.That's thereason I'm asking you. I mean, you were the one who was working with Monsanto in 1985. I'm just trying to identify these documents we have gotten from various sources. 258 8/31/2004 9:05 AM 4/21/199$ Brown, Jerry; Mars Hill 1 appears to be coming from Monsanto's 2 plant. Do you have any disagreement -- 3 And apparently this is Mr. Hudson's 4 drawing. Do you have any disagreement 5 with this drawing as to the source of 6 PCBs and presence of PCBs in Snow Creek 7 in this '85 period? 8 MR. PECK: Object to the form of 9 the question. 10 A. I mean, it is a very crude simulation, 11 but I don't have any particular 12 disagreement with it. 13 Q. All right. There is a note that appears 14 down there. If you will read that for 15 the record, and then I want to ask you 16 some questions about it. The note down 17 at the bottom of the map, could you read 18 that into the record? 19 A. "Note: Several churches shown in this 20 area on Attorney General's map. 21 Attorney General says area residents are 22 on city water." 23 Q. Tell me if you would, Mr. Brown, what 8/31/2004 9:05 AM 259 8/31/2004 9:05 AM 4/21/1998 Brown, Jerry; Mars Hill 1 churches, if you know, Mr. Hudson would 2 have been referring to at that 3 particular time. The two that were specifically looked at when the group did the tour on this particular project would have been Bethel and the one located between Tenth and Eleventh. I don't remember the name 9 of it, but that -- in that community 10 there where that tributary crosses to 11 Eleventh Street. 12 Q. Was Mars Hill located at its present 13 location in 1985? 14 A. Yes. 15 Q. 16 17 Okay. Did you ever go to Mars Hill or were you ever involved in talking to anybody from Mars Hill? To your 18 knowledge was anybody else from Monsanto 19 at that particular period of time? 20 A. Well, Bill Taffee would have perhaps 21 talked to them more than anybody, 22 because he was in and out of the borrow 23 pit. 4/21/1998 Brown, Jerry; Mars Hill 2 3 4 5 6 7 8 9 10 11 12 13 14 A. 15 Q. 16 A. 17 G18 19 A. 20 Q. 21 22 A. 23 G- first page. There is a statement over here in the first paragraph where Mr. Hudson refers to the fact that PCBs have been found in the sediment of the tributary and from Snow Creek that range into the hundreds of parts per million. Is that -- To your knowledge was that correct or incorrect? My understanding when you talked about this a minute ago you just mentioned the tributary. But was sediment tested to your knowledge by the Attorney General in Snow Creek? Yes, uh-huh. Below this tributary? Yes. In accordance with the way this map shows it on the back? In a very crude fashion, yeah. And you don't have any disagreement with the hundreds of parts per million? NOW -- 1/2004 9:05 AM 4/21/1998 Brown, Jerry; Mars Hill 1 Q- Borrow pit? 2 A. Where clay was moved. 3 G- Where would that have been, Mr. -- 4 A. Just east -- 5 Q- East of Mars Hill? 6 A. Yes. 7 Q- Was anything ever buried over there? e A. No. 9 Q. Anything ever buried by Monsanto near 10 Bethel Church? 11 A. No. 12 Q- Any PCB residue? 13 A. No. 14 Q- What about across Tenth Street on 15 property near this tributary? 16 A. NO. 17 G. North of that tributary? 18 A. You say north of Tenth Street? 19 G. Yes. 20 A. No. 21 Q. Where the tributary ties in to Snow 1 creek? A. No. 8/31/2004 9:05 AM 4/21/1998 Brown, Jerry; Mars Hill 1 A. 2 3 4 5 Q. 6 7 8 9 10 11 A. 12 Q. 13 A. 14 G. 15 16 A. 17 18 19 o. 20 A. 21 022 A. 23 Q. I mean, it says ranging up to the hundreds. It doesn't mean all of them were that high. But the range went up that high. In the next paragraph Ml. Hudson indicates that Monsanto's chief counsel -- Do you know who that was at the time, by the way? You haven't mentioned him, and I didn't know if you did or didn't. I'm guessing that was Bob Wilkerson. Was he located in St. Louis? Yes. Was he involved in the discussions early on in connection with this process? It is my recollection that, yes, he was. And I hope I'm not getting his time frame mixed up, you know -- Now, it indicates -- -- because it run -- Go ahead. I'm sorry. I can't remember his exact correct name. Okay. But his last name is Wilkerson as 264 8/31/2W4 9:05 AM 263 8/31/2004 9:05 AM 265 ADAD21-003674 HARTOLDMON0033630 4/21/1998 Brown, Jerry; Mars Hill 2 A. Q. 6 9 10 A. 11 Q. 12 13 14 15 16 17 18 19 20 21 22 23 Q. That's what I remember. He indicates he disagreed with the state's sampling or didn't believe the state's data. In other words vja some feeling on your part and others here that there should not have been any presence of PCBs in Snow Creek or in this tributary? No. Did y'all ever tell Mr. Wilkerson, "We just don't believe what they are saying"? MR. PECK: Wait, wait, wait, wait, wait. As I understand it, Mr. Wilkerson is a lawyer? is that right? THE WITNESS; (Nods head affirmatively.) MR. PECK: Then don't tell him what you discussed with your counsel. Let me just ask you this about the data 4/21/1998 Brown, Jerry; Mars Hill The highest one was m that order of 2 magnitude. 3 Q- Now, there is a proposal that y'all had 4 made at some point in time apparently to 7 g 10 A. 11 12 13 14 Q. 15 16 17 A. 18 19 20 Q. 21 22 Q. 23 backfilling with clay over the affected stream bed and diverting the creek through a culvert. Is that what y'all oro^osed to do? No. What we proposed to do was remove sediment, placing a culvert in there and covering over with clay, as I described earlier today. Well, read -- Just read this first sentence in the third paragraph and let me ask you a question there, Mr. Brown. Yeah. I've read it. And that's a very poorly stated interpretation of the proposal that was made. Is that the proposal y'all made, though? MR. PECK: Object to the form. Or at least something similar to what y'all made? 1/31/2004 9:05 AM 4/21/1998 Brown, Jerry; Mars Hill itself. Did you ever question the state's data, or did you believe what they were saying was true? A. From a scientific standpoint, there are the best ways to do a study. And the thing that was discussed with the Attorney General is that a grab sampling is not necessarily the best way to quantitate a situation. Q. And y'all didn't -- A. And that is what they had done. Q. So y'all did it differently? A. No. We proposed a joint program where accepted protocol was used. Q. Well, if you read on in what Mr. Hudson had to say, he said Monsanto's results were even higher than the state's. You do not disagree with that, do you? A. In some places they were higher and some lower. Q. Twelve hundred and fifty parts per million is listed here. Do you disagree with that? 266 8/31/2004 9:05 AM 4/21/1998 Brown, Jerry; Mars Hill 1 A. 2 Q3 A. 4 5 6 Q. 7 A. 8 9 10 11 12 13 14 Q. 15 16 A. 17 18 Q. 19 20 21 22 23 Well, I will restate it. Okay. We proposed removing the sediments from the stream bed, placing a culvert in there and covering it over with clay. So - From a scientific standpoint, you have to have a place to put something, and then you put it in there and cover it over. He is saying backfilling with clay and running the creek through a cuLvert. That doesn't make sense. You can't fill it up and then run a culvert. You are saying -- Then you backfill after you remove the sediment? Right. You have to remove the sediment, put the culvert in, and then backfill. This sentence appears to indicate there was an initial proposal where y'all just said you were going to put a culvert in there and then cover it up with clay. Was there ever any proposal like that that left out the removal of the 268 8/31/2004 9:05 AM 267 8/31/2004 9:05 AM 269 ADAD21-003675 HARTOLDMON0033631 4/2111998 Brown, Jerry; Mars Hill 1 sediment at any point in time that v'all 2 made? 3 A. No. In another portion of the stream it was simply sediment removal. There were 5 two different segments. 6 Q. Now, this refers to -- This little map 7 on the back refers to Snow Creek below e the point where the tributary enters 9 Snow Creek. Was there any sediment at 10 any point in time taken out of Snow 11 Creek itself, or was it just the 12 tributary? 13 A. A short distance. 14 Q. What is the short distance? Can you 15 give us a judgment? 16 A. Probably fifty feet, something like 17 that18 Q. This indicates, this little proposal 19 here or the summary of what had been 20 found and -- By the way# the subject 21 here is Monsanto/Snow Creek PCBs. I 22 notice it doesn't mention Hr. Allen. 23 Was he involved at any point in time 4/21/1998 Brown, Jerry; Mars Hill 2 3 A. 4 Q. 5 6 7 8 Q. 9 10 11 12 13 14 15 A. 16 17 18 Q. 19 20 21 22 23 the question. At lower levels. He says for as much as a mile, probably more than a mile, doesn't he? MR. PECK: Object to the form of the question. In fact, his words are for at least a mile, probably a good bit more. Is that correct or incorrect, what he says there? MR. PECK: Object to the form of the question. The document speaks for itself. There were levels in the sediments in that section of the creek on the order of ten parts per million or below. So it is your understanding that under what you understood y'all's approach to that particular level would be is that you didn't remove it at that point, or what did you do to it, cap it or what? MR. PECK: Object to the form of /31/2004 9:05 AM 4/21/1998 Brown, Jerry; Mars Hill 2 A. 3 Q. A A. 5 Q. 6 A. 7 e Q. 9 10 11 12 13 14 A. 15 16 17 18 Q. 19 20 21 WL 3 with this? Gary Allen? Tull. No, no. So this had to do just with y'all - Not in our studies, you know. He had his own situation. And Snow Creek apparently was infected with PCBs or contaminated with PCBs for a good distance more than fifty feet, wasn't it, Mr. Brown? MR. PECK: Object to the form of the question. In -- If you have this, you ought to have, you know, results of the study that show the exact locations and the number. But what I'm asking you, Mr. Brown, is it -- Let me just ask it this way: Doesn't this indicate that it is contaminated -- PCB contamination exists in Snow Creek for more than fifty feet according to Mr. Hudson? 270 8/31/2004 9:05 AM 4/21/1998 Brown, Jerry; Mars Hill 1 2 A. 3 4 5 Q. 6 7 8 9 10 A. 11 12 13 Q. 14 15 A. 16 Q. 17 A. 18 19 20 Q. 21 22 23 the question. There was no known or identified need for removing these low levels at that point in time. Okay. And what did you base that on, what Mr. Hudson said to you or what ADEM said to you? How is it that y'all made the determination that you would not remove the sediment -- The only guidance we had was the regulatory guidelines found in the Toxic Substances Control Act. Is there something there that says if it is less than ten parts per million -- Less than fifty. Just leave it? It says it is not regulated. It is not a PCB regulated situation if it is less than fifty parts per million. And so as a result of that y'all made a decision that you would just go fifty feet or yards, whatever it was, down Snow Creek and wouldn't go any further? 8/31/2004 9:05 AM 271 8/31/2004 9:05 AM 4/21/1998 Brown, Jerry; Mars Hill MR. PECK: Object to the form of 2 the question. A. Based on the sampling that we had, we were addressing what was considered at that point in time to bs the higher 6 levels of sediments in Snow Creek. 7 Q. When did it change? Was there ever a change, a point in time where it changed? 10 A. No. I mean -- TOSCA still is like it 11 was. Now, you get into the later 12 drivers, I can't comment on that. I do 13 not know. 14 Q. Well, is there some regulation or some 15 EPA standard that would require you 16 today to remove the sediment? 17 18 19 20 A. MR. PECK: Object to the form of the question, lack of foundation. I can't answer. I don't know. 21 Q. Mr. Brown -- Well, that is probably an 22 inappropriate question to ask you. 23 MR. STEWART: I'm going to have to 9:05 AM 1 2 3 4 5 6 7 9 10 11 12 13 14 15 16 17 18 19 20 21 4/21/1998 Brown, Jerry; Mar* HilJ scoot. Is from some time that y'all could arrange Alan Faust, for us to get him? We have a problem in that -- Off the record. (Discussion held off record.) (The deposition concluded at 3:20 p.m.) 274 4/21/1998 Brown, Jerry; Mars Hill 1 I do hereby certify that the witness 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 8 afterwards transcribed by means of computer 9 aided transcription. The foregoing is a true 10 and accurate transcript of the whole of the 11 testimony given by said witness, as aforesaid. 12 I do further certify that I am not 13 connected by blood or marriage with any of the 14 parties or their attorneys or agents and that 15 I am not an employee of any of them, nor 16 interested in the matter of controversy. 17 IN WITNESS WHEREOF, I have hereunto set 18 my hand and affixed my notarial seal at 19 Gadsden, Alabama, County of Etowah, this 1st 20 day of May 1998. 21 _____________________________________________________ Deborah Salers Garrett 22 Certified Shorthand Reporter Registered Professional Reporter 23 Notary Public, Alabama-at-Large My Commission expires: 3-7-2001 8/31/2004 9:05 AM 8/31/2004 9:05 AM 275 ADAD21-003677 HARTOLDMON0033633 4/?1/1Q9fi Rrnuin irslorn#- Ms o 21 [2:] [5:7] [6:1] 21927 [3:] 5-e [20:3,14] [27:15] [31:10 81 [70:11] [72:12,15] ,23] [32:3,9] [33:13] [178:4 82 [157:22] [158:1] [182:21] 230 [256:1,10] ,6,15] 83 [93:131 001 [46:12,13] [49:22] [114: 246 [4:] -- 83ish [93:13] 2] [191:13,14] [192:10,23] 257 [4:] 6 83-ish [93:13] [193:18] [219:23] 002 [220:1] 25th [202:6] 26 [202:3] 60 [258:6] 85 [35:8] [110:17] [159:4] [190:19] [197:22] [208:20] 27420 [3:17] 60s [43:3] [47:15] [57:21] [217:16] [220:6] [261:7] 275 [4:4] [142:11] [144:4] [170:14] 86 [35:8] [159:9,10,11] 2e [56:20,21] [165:13] [166: 69 [142:12] [216:2] 87 [25:18] [159:8,9,11] 1 [165:10,16] [166:8] [177:17 2,4] 88 [20:10] ,19] [179:2] 1000 [2:] 2-e [56:20,21] [165:13] [166:2,4] 89 [20:10] [159:13] 10Q64 [12:9] 113113:6] <. W Ml I 7/ 7l -C a 4I / OOl 2-w [177:5,6,17,22] 7 [:] 9 70 [53:16] [67:18,21] [68:20] 12:00 [149:14] 2wa [177:10] [118:22] [142:12] [149:23] 9:15 [2:] [5:8] 12:30 [149:14] 2-w-a [177:10] [170:18] [182:22] [189:15] 90s [144:12] 160 [4:] [190:11] [240:20] 91 [180:6] 161 M:1 19 [58:13] [198:18] 70s [43:2,3] [71:5] [74:8] [79:18] [80:17] [81:3,11] 92 r255'151 93 [242:13! 14] [252:23] 190 [4:] 3 [56:20,21] [70:1] [80:6] [82:4,10,21] [84:1] [90:20] [254:5] [255:18] 1929 [90:1] [165:13] [166:3,4] [177:2,3 [92:4] [100:18] [114:3,10] 94 [255:18] 1960 [171:9] [172:6] [237:11] ,10,11] [179:21,22] [180:9,10 [120:7,8] [122:1] [129:3] 95 [110:18] [256:6] [258:4,5] ,22] [253:1] f:l [131:151 [133:11 M34:131 96 f2:l 1965 [40:21] 3:20 [275:10] 138:3] [141:4] 144:5] 1967 [11:19] [40:23] [41:11] 300 [3:12] [149:17] [150:7,18,19] A 1969 [118:22] 30s [77:16] [151:8] [183:13] [185:7] 1970 [144:3] [167:8,19] 35203 [3:13] [186:20] [187:8,9] [190:5] a.m [2:] [5:8] [168:3] [217:8] [237:11] 35901 [2:] [211:22] [212:1] [213:9,22 above [99:6] [102:18] [112: 19r0s [189:21] 190:3] 359010755 [2:] ,23] [214:9,13,20] [215:5] 15] [154:16,18,22] [202:23] 1970ssomething [190:3] 35901-0755 [2:] [217:1] [219:4,8,11] [220:22] [203:7,11] [206:2] [207:4,12 1970s-something [190:3] 36201 [3:1 [221:18,19] [232:3] [249:19] ,13,22] [239:3] 1971 [78:6] [118:7,13] [120: 36264 [12:9] 70something [189:15] abreast [43:12] 12] 372001 [:] 70-something [189:15] absolute [233:16] 4 070 f7A--nJ LM1 4IUQ..4IU/MJ 3-7-2001 [:] 71 [52:12] [57:22,23] [58:14] absolutely [28:20] [36:5] 1974 [55:23] [56:3] [58:17,22] 3e [56:20,21] [165:13] [166: [68:23] [80:6] [120:23] [232:16] [242:10] [243:9] [62:18] [63:7] [64:7] [69:15] 3,4] [179:21,22] [180:9,10,22] [134:18] [138:3] [142:14,15] accept [185:2] 1975 [75:1] [79:12] [217:6] 3-e [56:20,21] [165:13] [144:4] [149:20] [167:19] acceptable [100:4] [153:21] 1980 [183:13] [237:11] [166:3,4] [179:21,22] 72 [44:7] [47:3] [58:14] accepted [267:14] 1980s [189:22] [180:9,10,22] [61:14] [78:7] [91:18] auwumtJioii i iuo. 1 oj 1981 [70:14] [71:9] 3w [177:10,11] [118:7,13] [120:13,23] accordance [264:17] 1982 [189:15] 3-w [177:10,11] [138:3] [149:20] according [110:2] [232:2] 1985 [113:2] [118:1] [119:12] 73 [54:10] [61:14] [271:23] [121:20] [202:4,7] [208:19] 74 [54:11,23] [55:11,19,21] accountable [24:11] [153:23] [210:19] [259:20] [262:131 [64:6] [65:20] [67:17,18] accumulated [63:11] 1990 [180:6,14] [237:12] 4 [4:3] [176:21,22] [177:10,11] [112:22] [140:10] [159:21] accuracy [166:15] 1998 [2:] [5:8] [6:1] [240:21] [178:2,4,9,15,16] [179:6] [216:15] accurate [:10] [20] [253:1] 75 [65:20] [74:11] [75:12] acetaminophen [16:13] 1e [165:10,16] [166:8] 46 [12:9] [84:13] [85:19,21] [140:10] achieved [68:12,13,19] 1-e [165:10,16] [166:8] 4e [178:2,4,9,15,16] [179:6] 755 [2:] acreage [181:1,2] 1st [:19] 4-e [178:2,4,9,15,16] [179:6] 76 [140:10] acres [181:7,8,11] 1w [177:17,19] [179:2] 4w [176:21,22] [177:10,11] 77 [88:22,23] [89:3] across [111:6] [117:22] 1-w [177:17,19] [179:2] 4-w [176:21,22] [177:10,11] 78 [89:3] [121:21] [129:15] [147:15] [179:5] [192:8,17] [195:12] 2 8 [263:14] act [98:14] [223:23] [273:12] 2 [56:20,21] [57:22,23] 5 [4:] [20:3,14] [27:15] [30:18] 80 [183:13] [219:8] action [2:] [64:14] [80:19] [80:6] [165:13] [166:2,4] [31:10,23] [32:3,9] [33:13] 80s [25:8] [71:5] [99:13] [163:2] [168:10] [199:23] [177:2,3,5,6,10,11,17,22] [35:10] [178:4,6,15] [100:20] [101:10,18] [102: [200:4] [225:3] 200 [4:] 500 [2:] 2,18] [103:11,15] [107:19] actionable [206:1] 202 [20:6] [56:9,19] [75:18] OUO 1.0.j [112:6] [129:3] [134:13] actions [27:13] [139:16] [113:7,23] [136:2] [164:14] 50s [57:21] [170:14] [254:7] [141:5] [144:10] [158:6,13] [168:16] [179:8] [192:6,16,20] [255:13] [173:21] [175:4] [185:7] active [13:10] [30:22,23] [196:13,16,19,20] [218:19] 59 [258:6] [186:21] [187:9] [190:6] activities [23:11] [27:22] [232:7] [254:3] m --i--j 5e [20:3,14] [27:15] [31:10,23] [32:3,9] [33:13] [178:4,6,15] [219:5] [220:23] [221:14,19 . [52,:s2i_1. ]re[9o3.a:1a61 ]ro a n. a activity [oo. i*tj iuj 8/31/2004 9:05 AM A.1 ADAD21-003678 HARTOLDMON0033634 4/21/1998 Brown, Jerry; Mars Hi!! 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IUJ i MJW. 1 vj [lUl.Clj [219:16] [234:21,22] [252: afternoon [149:7] [113:22] [118:3] [120:13] [165:13] [168:2] [172:11] 1] afterwards [:8] [122:13,18] [154:4] [158:6 [173:18] [179:10] [186:8] arrange [275:2] ag [25:15] [223:9] [229:9] ,16] [159:9] [195:23] [196:17 [219:4] [237:23] [238:13] arrangement [61:5] again r47:41160:91176:101 .2011197:1211229:61 [244:21] [245:13] [248:4] arrangements [78:3] [83:8] [104:23] [141:18] alongside [108:3] [109:16] [252:18] [263:7,9]* ' arrived [224:5] [145:6] [159:15] [167:11 [112:4] [196:211 anyway [150.1] [240:4] arrow [197:4,8] [236:5] [189:3] [223:17] [244:21] already [62:20] [189:3] anywhere [77:12] [170:11,23] artfully [205:9] [251:4] [252:2,8,17] alternative [15:9] [251:12] articles [177:14] against [6:12] [80:16,20] alternatives [227:15] ape [257:21,22] [258:9] ask [6:12,15,17,23] [11:7] [104:9] [198:14] [200:4] although [223:9] apologize [59:1] [119:20] [40:14] [57:16] [63:17] [238:1] always [41:14,17] [124:3] [201:21] [116:1,9,11] [127:12,19] agencies [50:10] [82:1] am [17:23] [55:20] [68:17] apparently [9:7] [47:9] [146:12,21] [148:21] [149: [92:19] [94:14] [201:8] [78:17] [100:12] [103:6] [78:5,15] [261:3] [268:4] 15] [161:9,23] [162:11] [223:20] [243:8]_ [112:1,19] [116:14] [121:14] [271:8] [166:1] [168:11] [181:5] agency [26:3] [2/:4] [50:19] [148:14] [202:13] [248:22] appearance [14:13] [192:1] [233:11] [235:20] [74:21] [80:16] [88:18] [:12,15] appeared [209:19] [235:23] [248:2] [258:7,12] [260:1] [95:15] [187:19] [206:16] amenable [228:18] appears [145:1] [165:10] [261:15] [266:23] [268:16] [223:12] [260:16] amount [38:6] [75:17] [76:4] [194:21] [261:1,13] [269:18] [271:19] [274:22] agents [17:22] [:14] [141:7] [186:18] [187:20] apples [118:5,6] asked [73:7] [75:3,10,14,15] -- --ro.44i rr\.4Hi yu jo. i ij ijl.ii.4j analyses [60:21] appiicate [42:5] asking [79:10] [125:23] [14:19] [119:19,21] [171:4 analysis [51:14] [71:12] application [188:6,17] [128:9] [217:9] [227:13] ,6] [235:21] [236:2] [251:16] [141:23] applications [17:7] [188:12] [233:4] [245:4,10,14] [252:22] [264:10] analyst [54:16] applied [43:10] [47:16] [256:21] [259:19] [271:18] agree [170:3] [210:15] analysts [51:17] [57:10] [91:23] aspects [42:5] anraorl W-O Q "31 OOl rftR--l.il applies [16:22]J i-tj maaicaaIiwy IuIuaoaiI fyH Cl p i .wj 1/tOO Q -171 i /j jm on. 4 m 8/31/2004 9:05 AM A.2 ADAD21-003679 HARTOLDMON0033635 4/21/1998 Brown, Jerry; .Mars Hi!! asphaltlike [180:19] [157:22] [166:16] [167:2] best [57:18] [149:8] [188:21] broken [31:15] asphalt-like [180:19] [189:21] [211:21] [212:13] [195:1] [226:9,16,20] brought [112:23] [157:18] assign [5:19] [214:1] [233:10] [260:4] [227:1,4,7,2011229:141 1158:191 [169:61 assist [23:23] [264:1,18] [270:7] [230:1] [247:1] [256:20,23] brown [2:] [4:] [5:4] [6:3,9] associated [19:10] [86:17] backfill [269:14,17] [260:17] [267:5,8] [11:9] [12:6] [13:9] [14:22] [127:4] [222:15] [239:21] backfilling [268:6] [269:10] bethel [46:21,23] [47:2] [16:20] [19:18] [20:23] [240:8,15] [243:5,11] background [40:15] [157:14] [83:1] [108:2,3,6] [109:10,12] [26:4] [28:16] [33:4,20] association [140:22] bad [119:12] [110:8] [115:8] [121:21] [37:7,14] [40:15] [41:2] assume [51:2,10] [55:1] bank [122:1a,20] [169:15] [262:7] [263:10] [42:1] [48:3] [49:13] [50:8,23] [79:22] [108:5] [188:2] banks [169:1] better [27:2] [165:19] [225:10] [52:17] [54:4] [56:5] [57:13] [192:11] [210:1,6] [240:17] baptist [2:] [12:15,22] [46:22] [228:14] [229:16] [248:17] [58:23] [59:9][63:11,17] [248:23] [254:11] [83:2] beyond [39:20] [112:1,3] [64:20] [66:6] [67:11] assumed [22:17] [49:3] [55:3] barely [182:8] MC7-001 uai ici9 i iwi .4<jj [122:17,20] [189:11] big [31:7,13] [32:4] [114:9] [69:11,21] [78:11] [83:22] rfti.m rn r. a a i ro --r. a --rt Ioh-.oj jpo; i^j |p/; 11] assuming [49:11] [63:12] base [49:12] [273:5] bill [93:9,14] [97:13] [105:10] [92:7,18] [94:13] [95:12] [65:2] [77:6] [250:20] based [59:18] [60:9,10] [137:6] [182:6] [183:11] [96:1] [97:7] [98:7] [100:12] [251:20] [64:15] [76:7] [93:1] [100:2] [208:4,7] [218:3] [221:1,3] [101:18] [102:13,16,19] assumption [49:12] [114:7] [143:3,4] [175:1,3] [223:15] [262:20] [105:19] [109:22] [110:22] ate [130:18] atlanta [105:1] [210:1,14] [247:2] [274:3] Knjlcn r25Q:2^ basically [10:4] [15:21] biiiy~[2547l9]J r112:12 191 r114:7 19' [115:20] [121:18] [122:22] attach [115:17] [16:21] [18:17] [19:14,22] biological [36:7,20,23] [129:11] [132:4] [137:3] attached [4:21] [127:14] [20:12,15] [24:16] [28:11] [220:1] [227:23] [140:9] [141:3,17] [143:2,18] [128:12] [:2] [32:5] [33:9] [36:22] [37:3] biologically [36:9] [228:2] [144:20] [145:7] [146:8] attacks [39:10,23] [49:14] [58:13] [108:231 biomagnification f131.7,181 1147:9.2311148:8.221 attempt [243:10] [135:18] [158:15] [160:11] [132:3] ` [149:16] [153:16] [164:3] attempted [114:14] [173:23] [187:11] [193:1,12] biomagnified [132:21] [165:20] [167:4] [170:9] attended [42:21] [195:4] [197:9] [200:8] biphenyl [18:7] [173:14] [181:13] [184:16] attention [112:23] [162:6] [254:15] [258:10] birmingham [3:13] [8:18,19] [189:18] [190:3] [192:13] attorney [101:22] [103:10] basin [145:13] bit [118:17] [163:4] [164:11] [194:1] [195:2] [197:5] [104:7] [105:3,7,21 j [113:1] basis [22:13] [26:7] [28:16] [192:4,19] [272:9] [200:11] [203:15] [204:19] [190:21] [191:1] [198:3,12 [86:18] [90:9] [211:16] blake [154:181 [205:1] [206:22] [210:10,16] ,17] [199:12,17,22] [200:6,15 [216:20] [218:4] blinking [248:19] [213:14] [215:17,22] [217: ,19] [201:12] [202:7,20] bat [149:9] blood [38:10,19] [40:2] 16] [220:6] [222:18] [225:9] [204:22] [205:3,4,11,14,18] beat [146:16,20] rOAC-HO OO1 fOAA.OI fO-4 n, 4 Ol iu. lOj became [62:18] [63:6] 13] board [22:7,8] [227:15] [229:18] [232:17,19] [233:4,9,12,20] [234:15] [216:21] [219:1,3,12] [69:2,14] [84:15] [183:21] bob [201:13,14] [265:11] [235:8,20] [236:6,10,17] [223:13] [224:13] [261:20,21] [216:15] bodies [45:9] [237:1,5] [239:5,10] [240:15] [264:13] [267:7] [268:5] become [132:2,20] [182:5] body [45:71 [241:1,9] [244:3] [246:15] attorneys [6:10] [:14] becomes [132:7] auburn f4Q ift ia 201 ui-mi horjrtmjng [101 i23] [51:3] 1 bedl268:7]1 [269:4] book [255:4] uvvewi jm, i \j-. ni -ii -ar, ii7i ij boots [123:17] [248:6] [254:18] [259:18] ryri-i iroc-iI .*4>.'3^1j n[Cc.UoU..-IicVJiJ [, f | . t I , -i1oUij [274:21] august [11:19] bedrock [173:14] [174:20] boring [175:3] bruce [23:14] authorities [253:6] began [11:13,18] [22:20] borings [173:21] bruces [23:15] authority [156:7] [131:15] [149:21] [216:23] borrow [99:23] [262:22] bs [40:16,19] available [30:10] [34:141 r237:201 [263:1] buddv 127:2.711208:15.20] [43:14] [76:16] [148:9]' behind [76:15] bottles [177:15] [210:20] [223:18] [226:12] [229:12] [230:3] beings [85:4] [88:15] bottom [32:19,23] [33:6,12] bug [40:8] avenue [2:] [3:6] believe [20:19] [52:12] [34:22] [169:2] [174:4] bugs [37:2] [39:22] average [99:8,10] [85:16] [97:16] [105:10] [180:18] [184:19] [254:12] build [27:18] avoid [172:3] [114:18] [139:4] [170:5] [261:17] building [61:1,3] [180:4,5,11] aware [67:11,19] [74:13,19] [190:20,22] [212:11] [256: bought [139:8] [140:4,6] built [100:1] [176:10] [85:2] [134:10] [143:19] 18] [259:9,14] [266:4,12] [190:2] buried [31:10,22] [35:10,15] [145:10] [161:13,20] [199: [267:2] boundaries [178:21] [36:2] [56:4,8,19,23] [57:3 15] bell [48:9,18] [49:3] [53:20] box [3:] [31:7] ,8,17] [58:7,13] [63:19] away [25:16] [36:1] [61:4] [127:21] [134:6] [150:22] boxtype [31:7] [75:8,18,21] [77:9,11] [100:21] [135:10] [148:13] bells [12:17] box-type [31:7] [167:7] [170:11,23] [171:16 [155:18] belong [12:11,15] [13:8,14,17 brain [64:17] ,21] [173:5] [175:21] [176:1 awfully [175:6] ,21] [14:2] brazelton [151:1] ,5] [179:10,15,18] [180:20] belonged [223:10] break [32:11] [69:6,7] [149: [186:13] [188:15] [234:6] below [45:13,21] [96:17] rrko.o ai mnn.-ini ta a a .oni jcro. I j l IUJ7. IOJ [ 1 I I .Z.OJ 5,13] [195:9,10] [253:15,16] Dreaming [oo: io.z^J loy.^j [236:19] [237:2] [238:3] . i / jrsi a-7 . a -ri rn jn.Am ^ r. ai back [11:20] [33:6] [37:11] [174:11] [203:1,8] [207:4,14 bring [80:19] [263:7,9] [40:12] [42:3] [43:2] [47:13] ,23] [209:21] [260:23] bringing [132:6] bury [32:2,12] [236:23] [57:15] [58:11] [67:20] [264:15] [270:7] [272:17] broad [232:21] [244:9] [237:8] [238:1,10,13] [74:8] [85:10] [100:14] bemard [27:6] [210:20] broader [165:21] burying [239:22] ri 14-1 ii ri4i-9ni m^q-loi L.............. ... J l ' ' ' -- ~J L '--J weoiMVO [w. i i j i__ ,,,,-4.rorwooi ron-jo-ai M7 4 71 8/31/2004 9:05 AM A.3 ADAD21-003680 HARTOLDMON0033636 4/21/1998 Brown, Jerry; Msrs Hi!! busted [47:17] cell [20:3,13] [27:15,17] chemistry [40:16,19,22] clothing [123:8,13,18,21] buying [134:11] [30:18] [31:10] [32:6,9] chicken [140:3] [124:4,10] [125:17] [126:9] byproducts [90:20] [33:8,12] [35:1,10,16,19] chickens [130:1,4] [139:21] club [13:14][14:2] [165:3,10,17] [166:1] [140:1] clubs [13:13] C [176:19,20] [177:17,19] chief [49:1] [54:6,10,12,13] Clydesdale [192:8,18] [178:18] [179:2,5] [180:8,21] [55:2,3] [59:21] [62:17] [195:13] [196:21] [197:11,12 calculate [77:8] [189:1] [186:17] [238:12] [239:13] [216:15] [265:6] .14] calculations [76:3] [240:4] _ __ chisolm [22:10,16] coating [176:17] camoun io.^uj [ij:i i, is] ceiis [56:20] [57:6] [77:14] chloracne [88:1,2] cobb [46:17] 1113:11] [129: California [92:4] [164:16,20] [166:5] [167:3] chlorinated [91:7,11] 6] [133:5] [139:18] [232:13] call [17:23] [20:3] [36:11] [170:10] [175:19] [176:6,10 choccolocco [45:10,11] coldwater [184:19] [254:23] [163:19] [164:7,8] [166:7] ,12,16] [177:8] [178:4,6] [46:2] [59:4] [79:15] [81:15] colleagues [81:7] [241:17] [246:15] [250:16] [179:11] [181:9] [187:2,22] [92:13] [93:17] [94:4] collection [17:11] railh rofvisi r^d-161 154-91 '"[5&20] [7i~1 1/14] [72:3] rI -iino--Ii\o4Ji lmloo a ci m-jc-o t| -|t ,23] [236:14,18] [237:10] me.ho ooi mjc7ev..hi^oji rno.nm pg. ivj [99:13,16] [100:22] [102:6] ____ii____i:.roH*7.m WUIHiWlIVy )*/. Ij colleges [42:11] t108:5] [150:2] [180:17] [238:2,6,19] [239:5,23] [103:5] [120:6,17] [121:11] combines [194:18] [246:20] [240:2] [243:21] [251:9] [122:3] coming [55:22] [104:2] calling [164:9] cement [180:5] choice [225:17] [228:14] [248:16] [261:1] calls f94:111 [229:201 T243:21 center [3:12] [244:5] [253:10] central [39:10] cholinesterase [38:10,18] command [155:2,11] [157:3] "'[39:16]" 1 commencing [2:] cannot [143:16] [238:13] certain [17:6] [27:3] [42:14,16]choose [227:18] comment [126:1] [274:12] cant [23:20] [24:1] [27:9] [45:2] [132:14] [165:23] chose [147:22] commerce [13:11] [14:8] [39:20] [43:20] [70:17] [176:15] chromatography [42:22] commercial [124:6] [92:6] [93:6] [96:8] [122:14] certainly [6:16] [59:1] [78:12] [142:2,3] commercially [15:23] [128:17] [140:1] [143:12,13] [114:20] [115:1] [166:12] chronic [86:18] commission [50:17] [60:14] [168:6] [188:17] [189:11] [210:14] [247:5] chunks [32:4] [78:6,17] [211:21] [212:5,7] [207:8] [229:23] [256:13] certificate [4:4] church [2:] [12:13,15,22] [214:11] [215:7,8] [:] [259:6] [265:22] [269:13] certified [2:] [:22] [13:1] [46:21,22] [47:2] commissioner [2:] [5:6,23] [274:12,20] certify [: 1,12] [83:2] [108:2,6,10] [109:10 common [73:10] [147:8,11,15] cap [234:18] [255:19] [272: chain [131:21,23] [132:1] 22] [155:2,10] [157:2] ,12] [115:8] [194:9,10] [263:10] communicate [28:5] [88:11 ,13] [208:12] capabilities [101:15] chamber [13:11] [14:8] churches [261:19] [262:1] communicated [94:17] capability [155:19] change [80:8] [189:23] circled [175:20] [147:2] capacity [52:9] [247:12] [274:7,8] circuit [2:] communication [27:21,22] Uap|JCU Ml I IIOO..IIOI M[ I 7/ 41 ..41 AV, 4I 4I1j _i____________i fro.ii roon.ioi unangea \o. citation [200:3] [zo: ioj [a 11: imj [184:5] [248:11,12] [255:17] [274:9] city [29:15] [82:6,18] [105:16] communications [145:21] capping [160:11] [231:22] changeover [25:7] [106:5] [122:10,15] [261:22] community [12:17] [82:14] [232:4] changes [168:20] civic [13:7,21,23] [14:6] [83:7,18] [105:15] [108:7,17] car [17:4] changing [228:8] civil [2:] [113:11] [137:19] [138:11] carbon [37:1] [143:14] care [128:6] channel [111:10,13,18] cjalm ^6*1 charge [20:20] [21:4] [22:1] clarify [61:21] [221:21] nACi-im i-mro-ii nKoai communitywide [83:18] career [41:13] [42:4] [136:21] [183:23] [200:22] classified [162:9] community-wide [83:18] careful [193:4] [207:19] [253:2] clay [32:7] [33:7,11] [171:12 compacted [33:7,10] [169:7] Carolina [3:17] Charles [93:10,14] [209:9,10] ,14] [174:2,10] [207:10,16] company [2:] [23:22] [24:18 carried [104:22] [125:201 r211:2.3] [212:121 [223:151 1249:511255:1911263:21 .231125:5.17.19.20.211 [206:21] Charlie [103:11] [200:21] ' [268:6,12] [269:5,11,21] [37:8] [41:17] [82:9] [86:13] carry [33:19] check [74:3] [148:18] [213: cleaned [19:19] [36:18] [88:6] [104:9] [154:17] carter [144:16] 10] [218:17] [250:17] [124:2] [202:9] [208:1] [220:15] case [6:11] [8:7,13] [9:2,5,12 checked [148:12] cleanup [224:2] [223:4] [225:9] [227:17] ,13,21,22] [10:6,8,10,16] checking [218:7] clear [221:11] [256:6] [257:5] [11:4,22,23] [17:1] [128:17] cheever [157:9] [158:9] clears [88:4] compared [126:11] [164:4] [210:10] [244:14] [159:2] [184:3,6,7] [188:5] Cleburne [12:18,19] [13:12,15]complete [61:10] cases [9:1] [11:22] [12:3] [201:13] [222:20] [248:17] completed [65:17] [153:20] chemical [24:18] [25:4,17,18 clemmett [254:19,22] [255: completely [257:9] catchment [145:12] ,20] [82:8] [88:20] [133:18] 2,8] compliance [5:13] category [130:11] [157:15] [202:9] [204:1] c-l-e-m-m-e-t-t [255:2] complied [153:14] cattle [130:2,3,16] [133:2] [208:1] [220:15] [228:10] close [15:7] [46:23] [68:14] comply [225:14] [134:12] chemicals [43:5] [74:15] [78:4,9] [181:11] composite [110:10] cause [37:21] [38:15] [39:3] [131:2] closed [30:19,20] [78:13,14] compound [88:20] [87:12] [88:15] [:4] chemist [49:1] [51:2] [52:4,5] rcH.o <4 r\ ho hoi rcc.n m JOt.U, I U# I I OJ [89:7] [142:13] [144:7] ooi ta *r a . m r a n a .__ [ ID/ .A\J\ l I t 1.5JJ [lOH.Oj computer [:8] c__o___n___c__e___n_At._r_a_ftHeOO[ 1.H0-471.1 / j [86:23] [140:12] [206:9] [59:21] [62:18] [63:7,18] closest [225:22] concentrated [37:16] [38:14] cautioned [:3] [69:15] [74:14] [79:11] closing [15.13] [81:10] [132:2,7] cavner [155:9] [84:9,16] [88:13] [90:6] [89:5] concentration [92:21] cayard [222:21] [226:6] r.a.v.A.r^l r99fi'fil i--'`'J [127:9] [130:23] [134:7] [157:12] [216:15] closure [84:18] [141:13,16] II AO-71 fOTS-lftl [110:3] 11 nVWI IV vi nuviM[ v7< A*v1j 8/31/2004 9:05 AM A.4 ADAD21-003681 HARTOLDMON0033637 4/21/ wii j) iRwNicAaii>9e LIall i mi [110:6] [111:1,3,15] [115:7] [231:2,4] couldnt [127:20] [151:14] csr [5:5] concern [47:8] [80:1] [81:6] contamination [9:3] [30:15] [233:2] [238:11] [252:4] culvert [112:2] [268:8,11] [91:21] [101:14] [118:16] [50:21] [55:18,22] 162:9,12 counsel [5:3.17.181 T6:181 [269:4,12,13,17,20] [127:6] [135:7] [136:8,13] ,23] [73:21] [80:17] [81:3,12] [265:7] [266:22] curious [143:2] [138:2,4,10] [139:6] [141:2] [82:3,11] [84:6,11] [85:3] country [250:22] current [14:23] [15:2] [187: [151:22] [160:20] [198:18] [92:9] [95:16] [102:1] county [2:] [8:21] [12:18,19] 14] [205:2] [130:14] [133:4] [134:9] [13:12,15,19] [82:7,18] cut [117:4] [119:19] [150:6] concerned [55:5] [102:1] [136:14] [137:22] [139:9,11] [105:17] [122:10] [248:17] cv[2:] [156:5] [190:1,4,11] [196:1] [166:6] [185:8] [205:6,15] [:19] cv96243 [2:] [197:19,21] [220:16] [226: [209:20] [221:19] [231:6] couple [52:21] cv-96-243 [2:] 10] [248:7] [271:21] course [7:3] [11:10] [104:7] concerning [202:9] contention [113:19,20] [114:4] [135:16] [184:4] D concerns [91:22] [139:7] continue [15:23] [64:18] [225:3] MfifV-lTI rod *7.001 l I W. I I J 1^1/ [101:16] [150:5] [198:19] courses [41:15,16,17] aaiiy [26:7,12] [27:20] concluded [275:9] [211:22] [214:3] [42:11,13,21,22] damage [140:13,14,17] concrete [31:20] [32:5] continued [69:17] [78:20] court [2:] [5:14] dangerous [143:20] [111:10,13,18] [112:2] [142:13] [187:5] [238:15] cover [32:8,11,14,15,16,18] dangers [84:5] conducted [69:9] continuing [114:17] [211:10] [168:2] [169:7] [244:9] dark [195:21] confluence [IOQ1I8] r214:51 Ij Udl IWI lIlKJ.vTj confusing [115:13] contractor [23:22] [147:17] covered [79:5] [109:6] data [63:10] [71:4] [76:20] confusion [116:8] [163:5] [241:3] [244:1,8] [246:7] [255:19] [84:23] [85:11] [100:2] [172:4] [247:6] covering [160:13] [268:12] [119:10] [140:23] [207:8] congress [155:18] contractors [22:12] [23:10] [269:5] [208:2] [210:13] [235:13] connected [259:2,4] [:13] [147:14] [243:15] [244:7] cow [132:10] r?3fi-91 f?51fil f266'5 231 connection [8:6] [9:3] control [98:14] [124:17,23] cows [133:11,12] [267:2] [12:3] [26:5] [43:21,23] [125:1,5] [184:1,12] [222:5] cox [27:2,6,7] [208:15,19] date [148:14] [48:3] [70:2,4] [74:22] [223:23] [273:12] [210:20] [223:18] dated [202:3] [108:1] [121:12] [123:7] controlled [219:22] craddock [221:4,8,22] dates [159:19] [140:20] [240:20] [245:22] controlling [160:13,14] [222:13,20] [223:11] [226: dave [24:7] [265:15] controls [38:22] 2] [229:8] [231:20] day [22:13] [37:11] [68:5,7] conservation [92:12] [93:4 controversy [:16] craig [201:19,22] [203:6] [87:6,7] [:20] ,8,15] [96:2] [97:3] [98:8] conversation [210:17,23] [223:14] daybyday [22:13] [101:9] [211:4,11] create [228:3] [231:15] day-by-day [22:13] consider [126:15,23] [141:21] conversations [74:9] [106: created [232:12] days [42:3] [87:7] [141:20] [248:15] 23] [209:17] creek [45:11] [46:2] [59:4,17] dayton [71:11,16] [72:23] consideration [225:8] conversion [37:1] [74:3] [79:15,19] [80:8,9] [96:8] considered [41:5] [98:18] convert [37:5] [228:10] [92:13] [93:17] [94:4] ddt [131:11] [249:11] [112:11] [126:3] [127:2] converted [167:19] [95:18,22] [96:12] [98:10] deal [71:12] [128:2] [136:16] [143:20] [190:18] [225:10] f07AA1 I'-'-'TJ cooling [16:23] f4CC.401 [lUO.IOJ [99:13,17] [100:17,22] [TAI nUo4.l./O>, AI AI,Ai 4mlj T[AI UnOo..4I ~f7,zn.ooji [153:8] _I___I!_____TA A^S.A m rA*r\.A 1 dealing iuj [ iou. j constitutes [224:16] copy [201:21] [104:12] [106:16] [107:17,18] [208:3] [210:11] [215:19] constructing [246:7] corder [152:8,9,11,17] [108:19] [109:18] [110:7] [221:17] [232:22] [250:1] construction [34:8] [244:14] [153:4] [113:10,22] [120:6,17,18] dealings [208:12] [255:22] corporate [15:6] [64:21,23] consult [7:13] [92:17] [93:18] rfi'vfti rRfi-Qi IR7-71 roonni L ''J L ' **J L '"'J consultants [34:15] [97:5,6] corporation [71:14] [121:20,23] [122:2,18,20] dealt [26:4] ri 85:131 f186:1! r191:5! no--ioi {l 96:3,5,9] [197:22] [198:7 debatable [231:12] consulting [92:14] correct [9:19] [11:15] [22:3] ,9] [199:1,7] [202:11] [203: debby [7:18] contact [26:8,19,21] [37:15 [28:22] [47:12] [50:5] 1,7,9,11] [205:6,20] [206:10] deborah [2:] [5:5] [:] ,18] [208:6] [221:22] [245:19 [51:4] [55:8] [58:16] [78:17] [207:3,12,21] [209:21] debris [20:2] [35:17] [178:7] .21] [82:51 [99:81 [103:71 T109:141 f211:51 [213:1011217:31 [180:3,6,10] contain [95:7] [176:16] 1110:16] [113:5] [114:19] [220:9] [222:7,11] [228:23] decide [18:11] [249:21] [118:1] [121:15] [136:10] [260:20,21,22] [261:6] decision [15:7] [16:5] [65:1 contained [98:19] [:5] [155:14] [160:16] [164:15] [263:22] [264:6,13] [266:8] ,8] [66:2] [68:14] [69:1] containing [108:13] [171:8] [175:22] [192:14] [268:7] [269:11] [270:7,9,11 [98:9] [224:5] [240:19] contains [178:6,9,10,17,18] [195:14,16] [196:9] [199:4] ,21] [271:8,22] [272:16] [241:4,20] [242:21] [243:13 contaminant [36:22] [67:12] [200:7,16] [204:2] [206:18] [273:23] [274:6] ,23] [244:2] [245:22] [246:18] [93:22] [226:11,17] [210:12] [220:10,11] [224: creeks [104:15] [247:2,5,10] [273:21] contaminants [64:5] [69:12] 11] [225:7] [226:3] [232:6,8] crew [185:15] decisions [155:20] [156:19] [227:8] [234:5] [242:23] [244:17] [247:11] criminal [239:17,20] [240:8 dedicated [15:18] contaminate [227:19] [253:22] [258:2] [264:9] ,14] deep [175:6,8,10] contaminated [31:17] [265:22] [2/2:10] criticizing [193:5] defendant [9:20] [35:17] [85:17] [130:20] correction [163:21] crocked [50:14,15] [61:6] defendants [2:] [3:9] [132:11] [135:4] [136:9] corrective [163:2] [212:10,11] define [104:18] [137:16] [177:14] [178:1] correctly [35:8] [48:15] crosses [262:10] defined [104:15] [252:14] [271:9,21] correspondence [190:20] crude [141:21] [261:10] degrade [37:6] ron.4m uvuuiiiiiiitniiiy iuj rno a . a m i j degraded [36:9] [89:14] 8/31/2004 9:05 AM A.5 ADAD21-003682 HARTOLDMON0033638 U.. U..O UiH uciij, mciio iiisi degree [17:20] [38:1] [48:22] dldnt [11:5] [18:14] [28:21] [206:20] [220:7] [24:19] [30:2] [35:7] [43:21] [166:15] [36:14] [38:8,9] [49:15] discuss [222:2,12] [228:21] [44:12] [47:1] [59:16,18] degrees [17:15] [57:91 [58:171 f62:191 [231:14] 160:231161:8.191 r62:231 demolition [20:12] [26:5] [71:2j [98:17j [100:18] discussed [83:19] [222:10] [65:17] [68:17,23] [71:5,10] [178:7,8] [102:4] [113:10] [114:9,10] [266:21] [267:6] [72:12,15,19,23] [79:16] demonstrable [232:11] [117:14] [123:5,19] [127:5] discussion [137:21] [209:23] [80:7] [86:21] [87:10,12,17] demonstrated [69:18] [137:1] [139:4] [145:20] [211:8] [226:14] [235:16] [90:12] [94:2] [96:11] [119:4] [229:22] denner [24:7] [146:5] [158:13] [161:16] [275:6] [97:5] [101:5,9,13] [102:11 [188:10,15] [190:23] [203: discussions [81:17] [101:20] ,12] [104:14] [107:4] [112:20] dennis [155:9] 23] [204:8] [205:14] [206:19] [265:14] [113:2] [118:13,14] [119:4 department [66:22,23] [210:7] [215:6] [217:5,11] dismantle [29:3] ,9] [120:5,12] [124:3,4,5,6,23] [67:8] [82:20] [88:9] [101:9] [219:3] [225:17] [233:6] dismantled [19:7] [60:16] [126:17] [135:10] [144:3] [106:5] [130:9] [198:11] maa.aoi ronA.Ai rr\A a . a -n [cuu.coj [zu^.zj [c re: i / j [238:2,20] [241:17] [242:7] [73:23] [243:18] [244:1,7] [245:13] dismantlement [20:17,21] [146:10,15,22] [147:3] [160:/,10] [161:15,1 /j [215:1] [259:5] [246:11,15] [265:9,10] [24:19] [61:9] [169:9] [170:5] [175:4] depends [226:19] [266:4] [267:10] [272:21] dismantling [21:5] [22:1] [180:11] [203:10] [229:15] depicted [164:17] [238:6] difference [165:17] disorders [87:19] [233:21] [248:5] [251:13] depleting [249:14] different [46:6,8] [66:7] Honneitinn F9*l *11 Ofil " [8:13H9:2]*"[10r5,'i 0/i 3]' fatMOi tor-in rura-om IVSIS. 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IUJ I*tj IUJ [195:5] [196:23] [257:8] [89:16] [228:13] enough [192:22] [253:20] drawing [195:20] [261:4,5] effects [40:1] [89:18] entering [108:14] everything [27:19] [58:12] drawn [195:10,12] [196:7] effluent [54:19] [67:13] enters [122:2] [270:8] [81:23] [211:18] [197:2] [260:18] effort [81:2] [104:23] [151:14] entire [119:1] [174:3,6] evidence [5:21] [115:11] dredge [92:13,15] [93:20] dredging [93:16] [98:10] efforts [244:15] ehs [154:9] [155:2] [182:2] [236:15} [251:2] evolution ^211 entitled [116:3,6,9] [117:6] exactll78:2i] [207:8] [99:15] [102:6] [106:13] eighty [182:10] entity [62:8] [265:22] [271:16] drew [165:22] eightysomething [182:10] entomb [32:7] exactly [26:16] [27:9] [29:2] drivers [274:12] eighty-something [182:10] entombed [190:9] [44:19] [47:21] [49:23] drop [32:3] either [15:71 [18:51 [43:191 entombing [231:22] [91:91197:11.201 [107:31 dropped [10:5,7] [71:5] [73:13] [77':22] environment [55:17] [64:10] [110:12] [115:4] [117:13] drum [32:1,4] [80:8] [81:8] [86:18] [96:7] [84:7,20] [89:9,11,13,14] [142:8] [146:1] [158:7] drummed [57:2] [128:3] [129:12] [130:8] [91:22] [119:14] [131:13] [159:7] [224:23] [225:2] drums [9:16,18,23] [75:20] [133:21] [138:5] [145:12] [147:13] [207:19] [231:3,4] [256:14] [168:15,23] [169:15] [251: [153:3] [222:5] [231:6] [249:4,6,13] examination [6:7] 12,14] [244:8] environmental [42:6] [54:19] examined [6:5] dug [174:15,19] [239:9] elected [82:15] [73:14] [74:20] [96:6,9] example [17:10] [35:21] [252:3,9,10] electrical [53:13] [153:7] [154:2,12] [155:1] [42:23] [154:7,8] [249:17] duly [6:4] [:3] eleventh [109:16] [111:2,5] [156:6,16,21] [157:16,19,21] excavated [179:6] dump [31:5,7] [32:6] [149:18] [121:22] [262:8,11] [159:2] [183:23] [184:12] excellent [155:8] [151:11,23] [152:4] [160:2 eliminate [168:17] [190:16] [200:23] [201:5] [202:2] except [5:17] ,18] [162:2,3,4,8] [166:21] eliminated [66:19] [207:18] [216:12,13] [243: excess [205:22] [206:5,6] [167:10,11,14,15] [168:18 eliminates [135:8] 17] executed [97:22] [172:21] ,21] [169:10] [171:7] [173:6] elmer [88:5] environmentalist [157:13] [173:1] [195:8] [236:3] [182:2] [185:18] [213:10] else [16:15] [22:4] [23:19,21] epa [35:2] [74:10] [75:12] exhibit [161:1,6] [162:12,14] [216:3] [217:1] [246:9] mx-ii ni j r[oeuc.'-imvji rp/wQ.-iivo/, -iIoi [88:18] [105:1,20] [223:19] H[ IRU/T1-.1I 711j r[iICU71-,71.j [MI 7I CVO.tWA1J dumping [167:18] [56:10] [66:1] [70:16] [224:13] [259:9,13,14] [181:20] [191:19] [192:1] dumps [150:2,9] [73:15] [77:12] [105:12] [260:16] [274:15] [193:16] [194:22] [201:16] during [15:6] [49:16] [80:11] [108:16] [109:15,19] [126: equipment [19:19,20] [26:6] [235:7] [236:12] [238:7] [119:7] [131:10] [140:7] 12] [147:9] [148:23] [170:11 [35:21] [42:15,16,18] [247:19,21,22] [248:3,8] [151:221 [158:171 ri70:12.13 .231 M72:111 fl79:101 [43:13] [61:2] [203:16,22] [253:1711256:41 [258:16,17] .15,18] [186:9] [189:13] [186:6] [229:17] [234:10] [251:15] [252:11,16,19] ' [260:19] ^ " [208:17] [209:5,7] [213:9,23] [235:14] [236:5] [237:22] era [15:6] [27:2] [35:9] exhibits [4:] [215:4,18] [242:6] [253:20] [262:18] [47:13] [49:17] [67:21] exist [130:14,17] [143:16] elses [139:17] [83:23] [85:22] [89:3] [215:6] elsewhere [17:18] [118:22] [134:18] [140:11] existed [191:4] emanate [133:17] [149:21] [159:8] existence [21:15] [163:8] earlier [27:1] [30:18] [57:10] emelle [110:4,14] [220:10] error [195:22] exists [189:10] [231:16] [78:10] [79:16] [85:20] [224:10] [225:6,16,21] escape [29:14] [271:21] [98:14] [100:14] [114:11] [230:2,5] [231:7] [238:20] esq [3:5,11,] expect [76:3,8] [77:16] [119:13] [121:9] [169:9] [239:7] [251:19,20] [252:4] established [67:23] [98:13] [128:14] [174:22] [250:12] [1 r8:5j [188:1] [191:6,13] emergency [224:2] [112:17] [227:10] expected [37:8] [1i4:1] [198:5] [199:8] [206:1] emerging [43:8] [85:11] estimate [188:22] [189:6] [143:8] [208:15] [227:23] [232:3] emission [55:17] estimation [186:22] [187:20] experience [34:4] [254:11] [268:13] emissions [55:6] [64:11] estimations [188:14] experienced [245:7] early [42:3] [57:21] [58:17] [156:23] [216:17] et[2:] expert [95:20] [220:14] [79:18] [100:17] [114:3] employee [11:10] [21:12] eineredge [151:5] expemse i3.zoj [142:10] [149:23] [150:7,19] [22:18] [23:4] [151:1] etowah [:19] [96:3] [97:10] [148:1,3,7,9] [183:12] [186:20] [187:9] [157:17] [227:16] [:15] eugene [48:7] [138:23] experts [231:13] [219:11] [265:14] employees [19:1,3] [23:12] even [25:11] [122:3] [240:2] expires [:] easiest [135:1] rzR -ic -id uo-ini "-'J IT"** [97:8] [124:1] [171:19,21] [254:16] [241:7] [242:14,19] [267:17] explain [118:17] [237:6] cvcm [i . i ij bA|jiaiiravi fiAQ-OOl 8/31/2004 9:05 AM A.7 ADAD21-003684 HARTOLDMON0033640 4/21/1998 Brown, Jerry; Mars Hi!! exposed [113:13,15] fellow [138:5] [207:10] food [37:3] [124:14] [131:21 full [5:12] [11:6] [148:20] exposure [86:17] [88:4] [210:22] [221:3] [226:4] ,23] [132:1] fulltime [148:20] expressed [81:7] [138:2,4,10] [229:9] [139:6] [205:2] felt [226:9] force [5:121 ri49:16] [150:41 full-time [148:201 [151:11] [160:1] [161:5] fun [146:18] * extensive [47:18] [168:20] fence [181:4,5,6,7] [166:18] [168:2] [170:1] function [49:3] [148:15] extent [88:7] [108:21] few [11:20] [52:3] [70:7] [182:19] [185:16] [190:12,14]funds [24:21] extremely [17:8] [69:18] [130:4] [217:19] further [11:5] [39:21] [65:10] [78:21] [127:2] [229:3,4,7] fibers [17:10] foregoing [:9] [81:16] [104:19] [199:1] fieid [22:11] [10t>:Hj [209:1] foreman [23:18] [273:23] [: 12] fifteen [181:9] [217:12] foremost [220:14] fuss [164:1] fifty [17:15] [18:23] [19:3] fork [14:2] fussing [164:12] [87:3] [90:2,3] [98:15,19] form [5:18] [32:2] [39:7,12]--------------------------------------- facilities [19:6,8,9,13,17] [21:5] [58:3] [74:1] [81:20] [89:6,7] [99:3] [110:11] [112:16] ronc-oi roon-Qi non.o 401 i -\ [40:3] [45:16] [56:23] [267:21] [270:16] [271:10,22] [95:10] [100:8] [102:20] G gadsden [2] 1:19] facility [15:8] [22:2] [30:2,20] [273:15,19,21] [103:12] [110:9,19] [112:13] garden [130:13] [140:6,16,21] [45:14] [50:1] [55:23] figure [76:1,5] [121:2] [125:21] [139:13] gardens [129:21] [140:14,23] [58:6] [66:18] [101:17] figures [76:16,17] [77:1] [168:4] [169:18] [185:9] [141:2] n 03:20.23] f104:41 ri 26:141 [175:7,12] [129:8] [148:6,17] [170:20] ` filed [8:16,20] [80:15] [104: [198:9,15,22] [199:20] 8] [187:18] [188:13] [198:13] M86:2,15,16] r191:111 garrett [2:] [5:5] [67:4] [i 97:23]l222:8]l228:J7,9,16] I:] [229:19] [231:9] [237:16] garretts [67:6] [202:23] [203:14,21] [204: filing [5:23] [239:18] [240:5,10] [241:10 garrity [34:16] 15] [207:23] [213:20] [233: fill [269:13] ,22] [243:1] [244:4,18] gary [105:8] [199:10,16] 17,19] [238:21] [239:7] filled [158:15,21] [159:51 1252:61 r253:911261:81 1200:1811202:2111207:11 fact [94:18] [95:16] [102:16] final [32:16] [68:15] [268:21] [271:12] [272:1,6 {223:14] [271:2] ' [106:12] [119:11] [122:6] finally [18:11] ,12,23] [274:1,17] gas [42:22] [142:2,3] [126:9] [141:6] [145:10] financial [3:12] formal [27:17] gave [8:7] [9:2] [10:10] [147:3] [148:8] [188:16] find [73:21] [111:16] [120:1] formation [174:13] gcf [141:23] [142:1] [199:21] [206:22] [207:20] [137:19] [206:3] [226:22] former [66:8] [254:13] ge [127:16] [128:1] [208:21] [224:1 r\ [234:11] [249:7] [253:12] forth [2:] [169:7] gene [65:20,22] [153:2,17] [236:10,17] [264:4] [272:8] finding [198:8] [202:10] forty [90:2] [175:7,10] general [35:18] [83:21] facts [145:21] [193:6] [203:5] fortyfive [90:2] [101:23] [103:10] [104:7] fair [103:3] [167:13] [169:13] findings [63:6] [96:14] forty-five [90:2] [113:1] [128:19] [139:21] [204:12] [205:1] [232:9] [120:20] [142:17] [147:6] forward [212:1] [214:8] [175:15] [179:12] [184:21] fairly [37:15] [112:8] [142:19] [208:23] [236:5] found [49:8] [50:2,4] [59:3] [190:21] [191:1,8] [194:22] [149:4] [210:2] fine [117:8] [63:21] [79:23] [80:5] [198:3,12] [199:17,23] fairness [206:14] finger [245:16] [83:4] [94:3] [96:16,22,23] [200:6,19] [201:12] [204:22] fall [194:9] finish [180:2] [249:10] [99:6] [101:4] [102:18] [205:3,5,12,14,18] 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,5] [220:15] [225:21] [226:10] [46:1] [47:11] [50:4] [81:13] foundation [39:9,14] [40:5] generated [76:4,6,9] [84:23] [245:7] [255:5] [266:1] [101:5,8,16] [102:17] [77:5] [80:4] [102:22] [98:4] [100:1] [107:5] fashion [79:8] [197:6] [227: [120:9,11] [121:4] [186:4] [239:19] [230:13] 20] [264:19] fishing [81:10] [240:12] [241:12] [242:1] generation [15:20] fatty [132:9,12,16] fit [18:19] [244:20] [274:19] gentleman [48:19] fault [165:12] fite [2:] foundations [31:20] george [20:19] [260:5] faust [145:17,18] [147:6] five [4:] [9:10] [17:14] [64:7] four [4:] [77:19] [101:1,2,3] gerald [48:22] [49:1] [241:21] [245:1] [275:3] [107:11,13] [112:9] [117:21] [107:11,13] [112:10] [117: gets [40:19] feasible [15:23] [181:23] [247:21,23] [253: 21] [201:17] [215:9] [252:22] getting [74:8] [114:5] [135:1] february [202:3,6] 18] [256:4] frame [44:7] [84:14] [159:11] [155:22] [174:12] [204:22] fed [218:18] floating [144:14] [187:6] [221:11] [243:22] [231:11,18] [265:17] federal [242:19] [260:16] flow [184:21] [265:18] give [10:12] [12:10] [41:21] f6u [186:13] fluids [18:2,3] frankiin [3] [53:18] [65:/j [154:8] feel [227:7,17] focus [24:14] frankly [171:4] [166:1] [195:1] [227:14] feeling [266:6] folks [24:11] [223:16] frantically [47:20] [233:23] [249:17] [270:15] feet [173:23] [174:1,9] followed [141:23] [152:23] fred [260:6] given [8:1] [74:11] [124:1] [175:5,7,10] [270:16] following [167:17] follows [6:5] frequent [27:22] [214:12] n<ic.oi IIC^UCIHiy [4.I*2.0J [137:12] [:11] r-7.m yiau {i xj 8/31/2004 9:05 AM A.8 ADAD21-003685 HARTOLDMON0033641 4/21/1998 Brown, Jerry; Mars Hill glasses [123:11] gloves [35:17] [177:15] guy [22:10,11] [104:4] [222:20] [159:14] [221:9] [275:6] helms [3:16] [19:1,2] [77:20] [111:20,21] [112:9,10] [117:21] [173:23] glycol [17:2,4] helD H61:10.1811163:41 1174:1.8.911175:511205:221 go [7:3,15] [10:12] [11:4,20] H [195:2] [206:6] [267:21] ` [28:1] [31:14] [40 :11] henry [258:22,23] [259:9,12 hundreds [264:7,21] [265:2] [47:13] [51:6] [57:15] hal [151:1] ,17] [260:10] hydraulically [191:12] [60:8] [94:12,13] [100:14] half [11:17] [159:17] [181:11] hereby [:1] hydrology [173:19] [114:11] [132:12] [140:10] hamilton [154:19] [155:4] [146:17] [148:22] [149:6,9] [156:3,12] herein [2:] [:5] hereto [4:] hygiene [42:5] [67:9] [166:16] [169:20] [175:2] hand [:18] hereunto [:17] I [185:5,12] [189:2,21] handle [30:3] hes [23:9] [198:20] [224:20] [225:3] handled [244:22] hierarchy [154:17] 20 [100:1] [226:22] [239:12] [249:10] handling [201:5] high [17:8,13] [38:3] [59:5] i-20 [100:1] [260:4] [262:15] [264:1] j. nc.-ini ro~7.4m rnT.r>i IlCtllUS \.\ jo/ . ISJ [O/.OJ [107:15] [112:8,11] [142:20] id [22:11] [265:21] [273:21,23] handson [26:12] [143:7] [207:2,11,20] idea [12:10] [41:21] [59:9] goal [67:22] [68:18] hands-on [26:12] [209:19] [220:7] [226:23] [103:1] [142:20] [147:20] goes [168:12,22] [185:23] happen [54:7] [102:4] [139: [230:5] [265:3,4] [171:16] [221:15] [242:4] [192:16] [196:3,4,7,8] T197:9.141 going [6:12] [24:16] [25:16] 5] happened [19:16] [58:5] [77:16f[85:23] [88:3] higher [267:17,19] [274:5] [254:10] fai/'afaAef r[OtWftf.l'Ht J identification [4:21] [150:7] highly [37:16] [38:13] [73:20] [161:3] [162:16] [191:21] [27:23] [28:19] [34:21] [98:1] [102:7] [109:21] [162:7] [174:2,9] [231:12] [201:18] [248:1] [258:19] [47:22] [60:4] [78:7] [116:17 [133:6] [139:3] [161:12] [235:17] [244:10] identified [64:17] [84:17] ,22,23] [137:19] [146:19] [209:5] [217:7] [248:9] highway [12:9] [178:13,17] [152:5] [163:9] [273:2] [149:8] [158:12,14] [166:12 happens [154:21 fl 79:71 ri85:11 identify [259:21] ,14] [167:2] [168:22] [175:4] hard [123:10] [159:19] hill [2:] [46:22] [108:2,4] identifying [11:7] [194:23] [211:11] [233:10] [165:11] [223:17] [229:3,4] [144:17] [145:9] [232:14] ignorance [245:11] [251:22] [258:12] [269:20] harm [86:2,4,22] [87:13] [262:12,15,17] [263:5] ignorant [242:3] [274:23] [88:12,14] hired [26:18] [158:19] [247: ilk [125:15] [134:3] gone [13:1] [14:11] [64:8] [69:20] [121:8] [133:19] harmful [87:18] [89:16,18] [90:10] 7] historical [150:1] ill [6:20] [7:2,21] [11:7,20] [40:11] [67:20] [149:11] [173:13] [191:6] hat [123:10] historically [16:4] [103:4] [168:11] [181:5] [231:17] good [114:6] [130:23] [190: havent [90:12] [246:1] history [55:12,14] [175:15] illustrated [196:15] 18] [271:10] [272:9] [265:8] hoe [31:14] illustration [178:20] gosh [24:1] [34:15] [175:14] having [6:4] [15:15] [26:15] hog [132:9] im [6:9,12] [18:21] [20:21] ____rocn.om yuuen j [74:9] [123:16] [128:10] nogem [97:15] [22:6] [26:15] [28:8] [29:20 government [88:18] [237:20] [223:17] [248:16] h-o-g-e-m [97:15] ,23] [45:18] [49:11,14] grab [267:7] hazard [185:19] hogs [130:1,5,16] [133:13] [56:1] [63:12] [65:2] [68:20] graddock [103:11] [200:21] hazards [127:3] [128:13] [134:12,15,19] [135:1,9,12 [70:9] [76:7] [77:6] [79:10] gradually [249:13] [133:10] ,15] [136:5] [137:13,15,18,20] [95:3] [101:11,12] [114:5,19] great [71:12] [166:15] haort ren-i 4i re-in i on a [ww. i j [w I . I I 1j IMI finoi M114iCu-.Qu1j M 11 4i u. i-Ar1j f[-il-iin*7.7. i1j greater [239:11] [62:1] [69:15] [84:15] hold [115:18] [157:3] [166:12 [125:11,14] [128:9,17] greensboro [3:17] [127:9] [134:6] [202:1] ,14] [194:23] [133:17] [134:10] [141:10] grew [12:4] [209:12,13] [213:7] [266:18] holding [256:22] [143:2] [146:19] [148:5] ground [252:11] headed [49:6] hole [169:2,16] [173:8] [149:8,20] [150:3,6] [158:6] grounds [5:191 health f38:111 r82:201185-3 [175:6] [159:8] [164:1,11] [165:15 group [20:15,23] [34:23] ,6] [87:4,7] [105:18] [133:10] honestly [250:10] ,22] [166:8,14] [167:22] [50:12] [51:13] [52:22] [154:12] [185:19] [214:17,23]hooked [119:15] [170:21] [177:13] [178:19] [66:16] [71:11] [96:3,6,7,9] [218:6] [259:4] hope [265:17] [190:8,22] [193:6,7] [194:23] [105:4,11,13] [150:15] hear [117:14] [145:16] horn [93:11,14] [209:9,10,11 [199:15,18] [207:7] [213:4 [166:19] [167:9] [201:8,9] heard [49:14,18,191 [70:1] ,161 [210:22] [211:2,31 ,71 [217:22] r218:1ir219:61 [223:22] [224:2] [262:5] [81:1] [85:6] [88:2] [130:4] [212:12,19] [213:2] [223:16] [221:10] [222:14,17] [223: groups [13:21] [105:1,20] [134:14] [145:14] [147:2] hosmer [66:5] 17] [227:13] [231:18,21] [128:5] [222:16] [171:18] [175:7] [227:1] houses [128:23] [129:7] [233:4,10] [235:1] [237:2,3] grove [12:15] [230:14,21,23] [165:4] [239:8] [242:3] [245:3,9,14] guaranteeing [257:13] heart [39:4] houston [10:14] [249:23] [250:10] [251:20] guess [9:9] [13:23] [41:6] heartwise [39:4] however [119:11] [152:12] [252:22] [253:12] [256:13,21] [48:21] [50:18] [65:20] heart-wise [39:4] hudson [258:22,23] [259:9,12 [257:12] [258:8,12] [259:1 [134:18] [137:6] [157:22] heat [16:11] [17:5,9,22] ,17] [260:10] [262:1] [264:4] ,18,21] [265:11,17,21] [162:22] [167:22] [224:3] [18:2,3,6] [203:18,19] [265:5] [267:15] [271:23] [271:18] [274:23] [249:23] [255:15] [260:17] [204:3,4] [273:6] immediate [168:10,16] guessing (.i^s.oj neaung [ io:zoj nuasons [261:3] immeaiateiy [108:5] [135:20 [265:11] heavy [143:11] [210:2] human [37:17] [64:17] ,22] guest [25:13] heflin [12:7,9] [13:16] [85:4] [86:17] [88:15] immune [87:21] guests [14:11] hegheem [97:13,16] humans [38:2] [86:2] [87:13 impairing [87:20] guidance [231:21] [273:10] guidelines [227:9] [273:11] h-e-g-h-e-e-m [97:16] ,19] held [24:11] [83:6,9] [153:23] hundred [17:15] [18:22,23] impairment [87:20] ---------------------- _t_i. r-f-7,4.o 4m iinp;iiii6ciuic [ i / -r.^, iuj 8/31/2004 9:05 AM A. 9 ADAD21-003686 HARTOLDMON0033642 4/21/1998 Brown, Jerry; important [64:2] inquiry [74:10] [78:4,9] [49:14,19] [69:23] [81:1] kinds [12:11] [20:2] [26:13] improper [125:23] inside [30:15] [85:5] [86:11] [87:5] [88:2,16] [28:12] [36:8] [41:21] improve [53:2] [161:11] inspected [216:19] [218:4,9] [89:181 [95:13] [134:141 [90:19] [126:19] [130:18] improvement [50:17] [60:14] inspections [214:7,8,18,23] [140:23] [141:1] [145:4] [131:11] [150:16] [179:13] [78:5,16] [211:21] [212:4,6] instance [187:21] [206:17] [163:6] [187:7] [213:4] kneisel [201:20] [223:14] [214:10] [215:7,8] instances [8:4] [230:21] [235:15] [268:17] kneisels [203:6] improvements [51:20] instructed [136:15,23] knew [51:1] [58:21] [75:14,20] impurities [86:6] ro^i.om [137:2] [224:14] J instructions [123:23] [130: [84:3] [91:15] [94:14] [133:16] [208:8] [209:15,16] inc [2:] 22] [224:12] jack [67:4,5,7] [217:22] [253:20] incident [85:15] intellectual [87:20] james [48:9] knife [14:2] incinerate [229:5,6] [231:8] intensive [235:4] japanese [85:15] know [10:7,15,18,21] [11:1] incinerated [229:18] incineratinn f228:23] [229' 2,13] intercept [33:18] snterceptor [162:23] interchange [214:10] jennings [260:7,9,14] jerry [2:] [4:] [5:4] [6:3] [11:9] [24:13] [27:14,21] [34:1] [35:16] [39:21] [40:6,8] [41:12] [43:8,11] [44:20] incineration [228:7,9,19] interested [:16] jess [152:12] [45:2,21,23] [46:1] [47:4,5 include [131:3] interface [208:11] jesse [152:9,11] ,17] [48:6] [49:11] [52:11] included [28:11] [72:5] interfaced [82:14] [245:5] jessee [65:20,22] [153:2,4,17] [56:15] [58:9,10] [59:8,12] [188:18] including [38:12] [178:8] interferes [39:18] interfering [38:20] jes: mro-iio<-ij jim [22:10,22] [212:20] rco.om re* a .01 rat*, a a rn [67:2,21] [68:11,13] [69:16 [210:20] [256:15] interim [208:17] job [21:14] [23:3] [52:11] ,23] [70:18] [71:20,21] incorrect [78:18] [121:15] intermediate [32:15,17] [54:5,21] [55:4] [66:17,18] [73:1] [75:13,17,23] [76:6,11 [171:8] [264:9] [272:10] intermediates [15:19] [82:14] [101:12] [126:11] ,18] [77:6,15] [78:2,19,22] independent [243:15] [19:11] [176:13] [148:20] 1158:20] [159:2] [79:9] [80:5,22] [81:5,18] indicate [87:21] [170:5] internal [29:23] joe [49:7] [50:13] [66:15,17] [82:16/17,22,23] [83:8,13,15] [205:21] [230:15] [248:14,21] interpretation [268:18] [183:9] [201:23] [85:1,11,23] [86:16] [87:1,9] [269:18] [271:20] investigate [29:3] john [50:14] [210:21,22] [88:7,10,17] [89:4,23] indicated [9:6] [34:9,10] investigated [95:4] [104:1] [221:4,22] [223:11] [260:6] [90:15] [91:13,14,19] [59:2] [69:10] [78:10,13] [206:21] [209:4] johnson [260:6] [92:11 [93:71 [101:19,211 [83:4] [86:22] [87:12] investigation [198:21] joined [196:21] [102:23] [103:2,14] [111:20] [120:21] [171:5] [189:8] [199:6] [219:2,12] joins [196:5] [118:15] [119:9] [125:12] [196:11] [200:13] [205:10,23]involved [8:13] [10:18] joint [97:2] [267:13] [126:3,4,12,13] [130:23] [231:2] [233:5] [237:22] [27:3] [48:4,8,20,21] [49:15] jones [22:7] [133:22] [154:14] [131:5] [135:6] [136:7] [245:3] [247:16] [53:10] [57:20] [58:9] [156:8,14,15] [157:3] [137:4,11] [138:14,19] indicates [87:18] [265:6,19] [60:9] [61:11] [64:13] [158:10,18] [184:2,4] [140:1] [142:8,16,23] [266:3] [270:18] [66:2,10,12,21] [67:1,3,5] [244:22] [245:5,19] [247:13] [143:1,3,23] [144:2,19,22] indicating [22:15] [45:6,12] [75:3] [81:18] [83:13] [250:11] [253:2] [146:8,9,14] [147:19,22] [78:22] [89:1] [124:8] [92:10] [93:10] [97:22] judgment [195:1] [256:21,23] [148:11,15] [149:10,19,20] [125:1] [130:7] [136:1] [101:19] [102:9,10] [105:16 [270:15] [152:2] [155:15] [158:13] M 44:181 fl 54:4] [159:16,18] ,17,18] [106:2] [128:8] [160:8,10] [161:13,15,16,18] [165:6,23] [169:4] [172:18] [137:8] [139:1] [151:15,18] K [165:5,15,16] [169:21] [176:19] [178:13] [179:1,19] [172:8] [190:21] [201:14] [170:22] [172:7,23] [173:2 [180:7,21] [181:12] [183:16 [212:2] [217:14] [223:12,20 kaley [221:6,7] ,11,13,17,18,20] [174:14,17 ,19] [191:15] [192:21] ,22] [224:3] [241:13] [242:2 keep [18:15] [132:6] ,18,22] [175:4] [178:2,19,21] [193:12,14] [194:8,19] ,151 [243:6.8.1711244:231 keeps [193:10] [181:2] [186:5,8] [187:7,11] [195:4,18,23] [196:5,18,22] [246:21] [252:17] [256:14] keith [182:15,16] [188:2] [189:5,8,11,12,13,18 [197:13] [198:10,16] [204: [259:10] [260:15] [262:16] kelly [3:] [67:2] ,21] [190:16] [194:1] [201:22] 11] [215:11] [256:12,19] [265:14] [270:23] kept [186:14] [189:8,13] [203:4] [208:3,7] [210:10] [257:7] [258:11] involvement [105:23] kidding [193:7] [211:7,13,14] [215:23] individual [8:20] [16:17] involves [37:1] killed [39:231 [216:411217:5.111 [220:23] [134:13] [136:5] [207:2] involving [104:23] kills [40:8] [224:22] [227:2,5] [229:11] industrial [42:5] [67:9] iron [173:7,9] kind [13:7,17] [16:19] [24:21] [231:11] [232:20,22] [233: [209:14,15] isnt [95:2] [160:16] [188:16] [27:11] [28:6] [31:20] 8] [235:15] [236:6,7,8] industry [147:16] [191:10] [192:13] [204:19] [32:8] [33:3] [34:21] [35:8,19] [237:18] [240:14] [241:17] infected [271:8] [210:11] [228:14] [232:1] [37:12] [41:9] [43:5] [50:21] [244:21] [245:13,14] [247: inflow [160:13] [23/: 1,4] [239:15,17] [51:10,18] [52:14,16] 12] [248:4,20] [250:8,10,11 information [121:8] [122:8] issue [133:9] [223:9,10] [53:2] [64:22] [70:5] [71:17] ,14] [251:20] [252:15,17] [133:3] [170:4] [187:14] [230:22] [231:1] [74:9] [75:6,10] [76:8,20] [254:9] [255:5,8,16] [257:12] [251:8] issued [133:1,5] [96:4] [111:15] [112:5] [258:23] [259:17] [260:8] informed [207:17] issues [34:15] [221:5] [113:3] [123:12,17,18] [262:1] [265:7,9,18] [271:6 SIllnfVfAIiI*ImIOe f[^61i*.1iQojl issuing [lo^f.oj [128:7,10,23] [138:12] ,15] [274:13,20] inhale [37:20] itself [30:16] [31:3] [51:15] [141:19] [172:7] [176:13] knowing [63:19] [64:9] initial [61:7] [269:19] [113:6] [120:2] [127:15] [186:12] [188:20] [200:3] knowingly [243:12] initially [16:2] [183:6] [149:18] [163:15] [194:2,3] [215:1,3] [221:9] [226:21] knowledge [34:2] [44:19] injunction [104:8] [198:14] [267:1] [270:11] [272:14] [235:13] [240:16] [250:6] [57:18,19] [64:15] [69:14] inorganic- [41:7] ive [13:10] [14:11] [47:14] rne^.4 m [77:15,23] [78:3] [79:17] 8/31/2004 9:05 AM A.10 ADAD21-003687 HART OLDMON0033643 4/21/1998 Brown, Jerry; Mars Hi!! [83:9,11] [118:12] [120:12] l-a-n-d-w-e-h-r [66:14] 19] [205:8] [214:3] [215:2] [251:9] [256:2] [262:7,12] [131:10] [137:15] [138:19] large [5:7] [180:4] [204:10] [221:21] [227:14] [244:1] [265:12] [170:12] [172:13] [175:15] last [8:11] [138:8] [179:231 [249:161 [253:17] [266:231 locatina 1239:211 [176:3,5] [210:15] [217:13] [255:1] [265:23] ' [268:15] [271:19] location [162:23] [262:13] [218:16,20] [244:12] [247: late [43:3] [47:15] [57:21] lets [20:19] [22:22] [36:17] locations [251:6] [271:16] 1] [262:18] [264:8,12] [142:10] [144:4] [158:13] [54:8] [58:11] [159:8] logan [81:3,9,15] [102:2] known [24:23] [27:7] [34:9] [186:20] [187:8] [254:7] [187:17] [227:18] [246:8] [103:6] [120:7] [122:4] [57:11] [76:13] [85:6] later [86:5] [274:11] [253:14] [260:4] logical [189:5] [210:1,6] [87:4] [89:18] [100:14] latest [233:16] [241:8] letter [166:16] [201:19,23] logically [151:17] [114:15] [115:17] [127:3] latter [214:13] [203:6] [209:3] long [11:16] [52:8] [55:11] [135:20] [140:22] [141:1] laundry [124:3] [126:10] level [38:3,10,14,18] [39:16] [89:15] [143:12,13,16] [150:8] [163:7,17] [273:2] law [2:] [99:1] [225:14] [64:23] [66:1,21] [99:7] [148:14] [157:17] [183:17] knows [220:18] [245:17] [236:21] [237:1,8] [238:1,8 [143:15,19,21] [156:20] [254:16] Irrwiv HfiO'151 kv"[256:7i] ,9,14] [239:8,14] [240:9] [242:19] [272:20] levels [59:5,10,12] [60:12] ionger [15:22] [19:9] [21:14] [30:14] [114:16] ky [256:1,10] lawrence [151:5] [67:12] [69:17,19,21] longstanding [213:1] laws [5:13] [100:3,10] [213: [78:21] [81:22] [96:16] longtime [157:17] [254:16] 21] [101:4] [102:17,19] [107:7] long-time [157:17] [254:16] lawsuit [11:13] lab [54:12,15] [60:20] [61:11 iawyer [10:18] [266:16] m 12;5 8 121 r114:2s1 [115:3J 3,14J6]'[117:19] iiunu^ii\, [n( nU.ob'^iij [i i.-rj h[lUiu-T.Ui;ij [114:11] [161:21] [162:12,17] ,13,20] [65:9,12] [78:7,14] lawyers [146:10,15] [147:22] [142:19] [203:5] [205:22] [192:2,19] [198:23] [200:8 [118:13] [120:8] [219:10] layer [32:17] [33:5,8,10] [206:2,4] [207:2,11,20] ,10] [219:20] [224:15] label [10:2] [193:15] laying [169:15] [209:20] [220:8] [226:23] [247:18] [249:6] [252:20] labeling [197:5] leached [232:18] f230:61 [234:12] [235:3,10] [258:20] labels [127:13] leaching [232:14] [239:3j [248:10] [249:21] looked [70:21] [145:4] laboratory [54:9] [60:15,17 lead [38:11] [154:9,13] [272:3,15] [273:3] [274:6] [251:5] [262:4] ,18,22,23] [62:1,6,7,11] [155:3,8] lex [11:9] looking [44:11] [55:4] [102: [71:15] [98:3] leadership [50:16] l-e-x [11:9] 14] [106:13] [143:9] [161:7] lack [39:8,13] [40:4] [77:4] leading [5:18] [107:18] life [13:2,3,5,7] [164:19] [167:10] [181:22] [80:3] [102:21] [121:3] [187:12] [260:20] light [162:6] [248:19] [193:1] [207:7] [222:17] [162:2] [186:3] [239:19] leak [203:12] [216:3] lightfoot [3:] lot [19:19,23] [42:2] [68:22] [240:11] [241:11,23] [244: leakage [151:23] [162:1,3] likely [204:17,20] [234:13] [87:1] [90:7] [158:16] 19] [274:18] [166:21] limbo [217:21] [193:2] [233:21] [248:20] lake [8:23] [9:1] [11:23] learn [47:21] [85:18] [92:21] limit [98:12] [112:15] lott [93:9,14] [105:10] [208: [12:4] [81:4,9] [102:2] [131:9] 'line [17:12,16] [196:6,23] 4,/] [209:16] [210:21] [103:6,9] [120:23] [121:6,11] learned [47:19] [89:8] [118: [211:19] [223:15] land [108:18] [134:22,23] 23] [173:20] [190:15,17] liner [32:19,23] louis [24:12] [48:14] [61:3] [135:2,13] [136:12] [208:13] [253:18,19] lines [16:10] [257:4] [76:23] [77:2] [81:8] [96:7] [209:12,13] [249:17] [256: learning [43:12] [64:10] lining [34:21] [148:10] [157:11] [184:8,15] R7111 f947-fi 99 991 T9M- - * 1 "'i 1*-Vj |*.wO. m 1 -oi rorwv-n roco-ooi l* I .-j Ij [4.UU.2.4.J lions [14:3] roo'i.ooi roic.AAi \.....0\ [4UJ. \~\ 8,9] [272:8] liquid [33:18] [177:16] low [17:19] [60:12] [69:18,19] landfill [20:4] [56:15] [58:19] leave [149:6] [155:23] [159 liquids [36:8] [37:13] [78:22] [81:22] [142:20,21] [63:20] [75:9,18] [77:9,21,23] 7] [248:2] [252:4] [273:16] listed [72:2] [255:3] [267:22] [143:1,7] [234:12] [235:3] [99:5] [109:23] [113:6,8,12 leaving [46:6,10] [49:23] literature [25:1] [248:10] [249:21] [273:3] ,23] [115:10,121 fl35:21.231 158:"18.1--9--.2--1--1-1--64:51 ffifi-6] little [46:9] [118:17] [163:4] lower [267:20] [272:3] [145:13] [160:5] [162:18,21] [69:12,13] [228:15]" [164:10]' [165:9,11] [179:3] lunch [149:2,5,13] [163:2,8,9,13,15,17,21,22] led [84:18] [93:7] [98:41 [192:4,18] [205:8] [236:5] lunchrooms [124:16] [164:5,6,8,13,21] [165:4] [104:11,14] [205:19] [218: [251:10] [256:9] [260:18,22] lying [169:1] [167:15,21] [169:11] [170: 1] [270:6,18] 16] [171:2,6,7,22] [180:1] left [9:23] [25:17] [29:21,22] live [12:6,71 [133:7] [182:111 M [181:14] [182:17,22] [183: [41:10] [46:19] [67:13,14] [254:22] 4] [184:20] [186:13] [187:23] [118:20] [127:15] [128:12] lived [83:3,20] [128:23] mac [24:23] [25:13] [191:18] [194:16,21] [196: [159:5,22] [183:10] [247:6] [129:6] mag [25:14] 12] [197:7] [214:15,18] [269:23] liver [87:19] m-ag [25:14] [216:18] [218:2,15,19] legal [199:23] [200:4] livestock [139:18] magnitude [268:2] [219:16,18] [224:6] [232:4 leighton [3:6] living [182:7] [254:20] maintain [186:12] ,15,18] [233:6,13] [234:20,22]less [99:8,10] [250:9] [273:14 loading [128:3] maintenance [21:20,22] [236:13,15,16] [240:20] ,15,18] local [44:9] [82:18,20] [22:22] [23:9,11] [250:17] [251:1,3] [253:21] let [6:22] [11:21] [26:23] [84:9] [106:1] [122:10] major [24:14] [41:6] [254:2] [255:11,17] jx;ii_ j rnrt.4i IdllUlllieU [33:5] [40:11,13] [57:15] rrA.AAi r/>rt. [oa:zoj iou:^j jo i :<Mj [156:3,20] Iocaiiy 82:7] making [78:6] [90:9] [91:7,16] [116:14] [127:1] [155:21] landfilling [110:5] [63:17] [115:22] [116:1,15 locate [191:23] [195:3] man [30:6] [90:4] [201:10] landfills [79:4] [150:9] ,16,20] [117:3] [127:11] located [12:16] [20:5] [46:14] managed [218:3] [188:15] [247:17] [146:12] [149:15] [150:5] [107:21] [128:21] [129:14] management [57:5] [176:7] landwehr [49:7] [66:13,14] [162:11] [163:4] [180:2] [135:12] [145:11] [164:6,20] [181:16] [183:2] [201:1] ML wfllw-O.wIj [181:18] [191:22,23] [198: MO*7.4 OOI r4AO,'51 MAA.AA1 [IO/. I fAAA.m 8/31/2004 9:05 AM A. 11 ADAD21-003688 HARTOLDMON0033644 4/21/1998 Brown, -Jerry; Mars Hi!! manager [24:4,5,8] [65:19] maybe [43:20] [58:23] [107:19] [112:5] [158:6] ,23] [147:11] [148:2] [154:1] [66:8] [82:13] [122:15] [73:6] [78:10] [114:4] [183:12] [212:1] [213:22] [162:8] [174:20] [184:9] [133:21] [137:5,7] [152:18] [144:4] [145:6] [149:22] [214:13] [219:5,8] [187:171 [200:5.101 [202:91 [153:10,16] [154:15,19] [161:7] [165:19] [190:22] migrate [210:8] [203:2] [204:10,15] [207:5 [156:10] [158:4] [186:11] [191:22] [217:22] migrated [95:17] [100:21] ,14,23] [211:11] [217:14] [216:2] [223:5] [245:1] mayor [122:15] migration [100:15] [120:16] [220:14] [222:16,17] [223: managing [227:10] mcc [25:4] mike [136:17,19] [138:6,23] 3,5] [226:15,21] [230:23] manifesting [187:9] meals [125:7] mile [272:4,5,9] [232:12] [240:22,23] [242: manufacture [53:12] mean [/:12j [16:16] [17:3] miles [100:21] [101:2,3] 21] [243:11,231 [245:22] manufactured [74:23] [24:9] [31:7] [34:1] [36:3] mill [12:17] [255:6] [257:6,22] [258:9] [204:9] [37:2] [41:2,14] [57:12] miller [34:17] [48:21,22,23] [259:2,20] [260:21] [262:18] manufacturers [42:14] [65:15] [71:21] [72:20,21] million [76:2] [96:19,21] [263:9] manufacturing [35:14] [76:4] [91:10] [97:1] [98:17] [98:15,20] [99:3] [104:3] monsanto/snow [270:21] [51:21] [53:3,6,11] [56:2] [100:10] [101:11,19] [103: [107:10,13,16] [110:11] monsantoowned [134:22] [58:1] [60:19] [73:5,12,22] 2] [104:2,3] [120:23] [123:19] [111:22] [112:9,10,16] monsanto-owned [134:22] [78:23] [94:16] [118:20] [124:21] [125:4] [143:4] [117:20,22] [205:23] [206: monsantos [90:22] [96:9] [172:10] [180:18] [204:1] [144:23] [146:6] [148:2] 3,6,8] [230:9] [239:4,12] [97:1] [200:12] [231:18] [215:21] [161:13] [170:15] [187:3] [250:2,9] [264:7,21] [267:22] [247:7,8] [261:1] [265:6] maD [164:191 f165: 111 [192:22] [193:4] [195:21] [188:10] [189:22] [191:16] 272:17' r273:14,19' [192:17] [204:8] [211:10,15 mind [50:13] [69:22]ll 39:2] montgomery [209:8] [260:18] [261:17,20] [264: ,16] [224:18] [227:9] [229:3] [182:16] [236:4] monthly [211:16] 17] [270:6] [233:9] [234:20] [236:7] minor [41:7] months [52:3] maps [107:4] [242:3] [249:22] [257:10] minus [17:20] [174:1] moore [3:16] mark [165:2,19] [172:19] [259:17,19] [261:101 [265: minute [40:111 [94:91 ri 15:221 moot [69:2] [178:14] [193:16] [235:9] 1,2] [274:10] [119:18,21] [171:3,6] morgan [12:21] [236:1] [247:20] [257:2,3] means [89:13] [:7,8] [231:17] [235:21] [236:2] morning [199:8] [258:15] meant [81:17] [145:5] [264:10] morris [260:6] marked [4:] [161:2] [162:15] measurement [186:19] minutes [11:21] mostly [231:21] [165:7,9] [191:20] [197:20] measuring [115:12] missing [217:23] motion [235:21] [201:17] [247:23] [248:8] meat [135:4] missionary [2:] [46:22] mountain [184:19] [251:10] [257:19] [258:18] meats [130:19] misspeak [114:21] mouth [78:13] [81:15] market [90:17] [91:6] mechanism [203:19] misstating [18:1] move [33:18] [54:3] [112:18] marketplace [91:13] medical [66:22,23] [88:9] mistaken [190:22] [143:13] [208:16] [210:7] marking [160:22] [235:7] [130:9] misunderstood [58:23] [223:19] [231:23] r-4 Ol iiamayc (_ ivsj meet |oo. [o. ioj [iuo. ioj [78:11] [114:4] [145:6] moved [19:7,20] [21:19,21] mars [2:] [46:22] [108:2,4] [160:5] mixed [265:18] [27:4] [52:10] [54:6] [61:3,4] [144:17] [145:9] [232:14] meeting [82:17,23] [98:4,6] mixture [31:15] [157:20] [158:3] [169:2] [262:12,15,17] [263:5] [108:6] [202:12,15] mobile [61:1] [179:2] [212:15,19] [224:10] martin [81:3,9,16] [102:2] meetings [83:5,9,17,18] moderate [114:23] [239:2] [263:2] [103:6] [120:7] [122:4] r93:8i M'lo-ci ro-m-oi IIIUICUUIC |.l\7..j iiiuvcincm i iou.ttj i ivi . luj masters [40:17,22] [41:4,11] melted [19:23] [229:4] [249:4] movements [234:2] material [16:12] [33:3] member [14:9] molecules [143:11] [249:11] moves [132:1] [38:4] [75:21] [84:19] members [16:18] [83:6] monday [202:6] moving [190:9,12] [92:16] [93:20] [132:11] [202:7] monitor [49:23] [145:2] mr [4:] [6:8,9] [7:8,10] [8:23] [175:23] [178:11,1711180: memory [72:8] [147:10] [148:3] [12:61 [13:9] [14:22] [16:20] 16,19,20] [187:1] [206':10] memos [25:2] monitored [44:21] [45:3] [19:18] [20:23] [21:2] [230:7,12] [242:22] [243:20] mention [229:8,10] [270:22] [54:17] [114:2] [115:4] [22:16] [24:2] [26:4] [28:16] [246:9,13,19] [247:8] mentioned [48:19] [71:7] monitoring [49:22] [60:22] [33:4,20] [37:7,14] [39:7,12] [248:5] [73:10] [79:15] [111:6] [62:2] [69:16] [78:20] [40:3,15] [41:2] [42:1] materials [31:3,9] [62:3] [129:20] [134:5] [136:11] [79:6] [84:10] [112:20] [45:16,19] [48:3,18,21,23] [75:8,9,12] [77:9,10] [131: 12] [145:22] [151:17] [177:8] [188:1] [207:22] [208:15] [113:3] [144:21] [145:14,19] [49:13] [50:8,15,23] [52:17] [146:2,4,7] [220:5] [235:5] [54:4] [56:5] [57:13] [58:23] matrix [154:22] [155:12] [210:3,22] [254:11] [260:5] monitors [144:13,15] [145: [59:6,9,23] [60:2,3,6] matter [9:22] [43:11] [98:17] [264:11] [265:9] 11] [61:6] [63:11,17] [64:20] [112:23] [123:9] [131:19] merrill [2:] monsanto [2:] [6:12] [8:4,5 [65:2,18,22] [66:3,5,6,13] [176:1] [185:20] [203:12] met [35:^3] [108:9,22] ,6] [9:20] [11:11,14] [15:2,11 [67:6,11,16] [69:5,11,21] [:16] [202:8] [205:17] [209:8] ,13] [19:21] [24:17,18,22] [77:3,19] [78:11] [79:2,3] matters [156:16,21] [210:18] [25:4] [26:1] [41:13] [47:9,16] [80:2] [82:13] [83:22] may [5:4,19] [17:1] [25:17] metal [19:23] [20:1] [49:10] [51:3] [56:6] [64:8] [84:3,13] [85:9,14] [87:16,17] [33:18] [35:19] [72:7] method [128:1] [188:23] [67:10] 171:13] [80:16,20] [88:5,16] [90:22] [91:1,3,4] [74:15] [76:15] [93:20] [222:4] [226:8,9,16] [230:20] [81:7] [82:8,18] [87:11,13] [92:7,18] [94:9,13,23] [118:16] [131:2] [137:10,15 [231:5] [91:1] [92:9] [95:8] [97:4,8] [95:10,12] [96:1,19] [97:7] ,21] [227:10] [245:15] methodology [47:19] [48:13] [104:6] [113:20] [121:19] [98:7] [100:8,12] [101:18] [249:20] [251:15] [:20] methods [225:11] [227:4,7] [125:2] [130:10] [133:18] [102:13,16,19,20] [103:12] mayausky [77:19] [156:13] michael [3:] [134:11,22] [135:13] [136: [105:19] [107:3] [109:22] r94*-9i L-- ,W,"J IvIitIsW-J M^ I VA&O.. "IIVfi/lj H^ IA\J%QJ.-IH1,1*1C1j 16] [139:17] [140:7] [146:6 [110:9,19,22] [111:17,19] 8/31/2004 9:05 AM A. 12 ADAD21-003689 HARTOLDMON0033645 4/21/1998 Brown, J@rryj Msrs Hi!! [112:12,13,19] [114:7,19] - [142:18] [144:1,9,11] [145:4] [239:18] [240:5,10] [241:10 [115:20,21] [116:1,3,5,14,19 N [147:7,21] [152:1,7] [154:21] ,22] [243:1] [244:4,18] ,20,23] [117:2,8,10,11,14,15 - n 55:61 [157:11] [159:81 [252:61 [253:91 [261:81 ,17] [121:2,18] [122:22] naked [145:1] [161:19] [170:3,8'] [171:18] [268:21]' [271:12] [272:1,6 [125:15,21] [129:11] [130: name [10:2,15] [11:6] [16:21] [173:12] [174:6] [186:19] ,12,23] [274:1,17] 8,10] [132:4] [134:1,2,6] [22:10] [50:18] [65:7] [202:16] [204:7] [210:5] objection [116:13] [237:14] [135:5] [137:3,81 [138:5] [70:17,19] [88:7] [93:6] [215:19] [216:10] [217:17,20 objections [5:16,19] [139:13] [140:9] [141:3,17] [136:4] [138:8] [150:21] ,21] [218:16,20,22] [219:17] observation [163:1] [143:2,18] [144:20] [145:3 [207:16] [208:4] [221:4] [221:15] [225:13] [228:9] observations [87:2] ,7] [146:8,9,11,14,19] [222:21] [226:4,5] [255:1,3] [229:1,12] [237:17] [238:3 observed [123:3] [147:6,9,23] [148:8,22] [260:5,9,10] [262:8] [265:22 ,22] [239:1,8] [242:4,8,10] obvious [87:4] [149:1,3,15,16] [150:20] ,23] [244:7] [247:15] [249:1] obviously [38:21] [42:2] [151:5] [152:14,17,20,23] named [151:15] [207:10] [252:20] [253:8] [259:3,18] [57:9] [112:15] rl -lien-T/i iIfWiiJH| ICVT/,'iIguij narnos [8;12] [27:1,5] [50:13] rAAA.A A A A A /> Art rtrtl occur_ _ _ rrtrt.nl rrtrt.xrti t a t- r\. ri lzu:oj loo. ioj l ioo:oj [155:4,13,15] [156:3,8,12,13] national [66:1,21] [213:15] [264:22] [266:10] [267:13] [258:3] [158:9,10] [159:2] [160:22] nature [9:12] [160:15] [268:10] [270:3] [271:4] occurred [140:15] [211:18] [164:3] [165:20] [166:19] near [46:21] [47:2] [115:8] [273:2] [274:10] [213:23] [247:13] [167:4,9] [168:4] [169:18] [139:22] [145:12] [263:9,15] nobody [75:3] occurrence [36:16] [170:1,9,15,17] [171:23] nebulous [211 il 5] I IVMO r|_OfRcWR . -IIvRjl [173:14] [177:5f[181:13,19 necessarily [126:13] [267:8] non [16:14] [35:19] [69:19] nt* ini raa-en r/ia-ai VII ^W.V) I vj ivv.vj J-TS/.vj [62:9,14,16,23] [90:1] ,21] [182:7] [184:3,7,16] necessary [5:16] nonaspirin [16:14] [100:15] [113:7] [117:4] [185:9,15] [186:2,7,10] need [7:12] [63:15] [64:17] non-aspirin [16:14] [119:19] [120:2] [124:7] [188:5] [189:7,18] [190:3] [104:6] [117:9,12] [137:22] nondetects [69:19] [135:1] [150:6] [153:13] [191:11] [192:13] [193:8] [208:111 [235:131 [245:141 non-detects 169:191 M84:17.18.19iri85:21.231 [194:1] [195:2] [197:5,23] [273:2] none [55:19,21] [72:16,17] [191:16] [192:11,12] [193: [200:4,11,17,22] [201:23] needed [92:20] [95:4] [104: [99:6] [133:15] 16,20] [195:15] [196:12] [203:15] [204:19,23] [205: 19] [108:14] [109:1] [110:13] nonhazardous [180:19] [197:1,6,20] [218:18] 1] [206:15,22] [208:19] [257:6] [258:1] nonregulated [35:19] [219:9] [220:1] [234:5] [209:4,16] [210:10,16] needs [18:19] [43:10] non-regulated [35:19] [254:231 [275:4,6] [212:10,11,19] [213:2,14] neighborhood [181:10] noon [149:14] offered [4:21] [5:21] [215:17,22,23] [216:1] neighbors [83:2] nor [70:1] [121:18] [:15] office [105:3,7,22] [148:19] [217:6,10,15,16] [220:6] nerve [38:20] [39:18] normally [125:8] [199:12] [200:15] [202:10,21] [221:8,17] [222:8,13,18] nervous [38:22] [39:10,19] north [3:17] [108:4] [128:22] [216:22] [223:14] [242:8] [225:9] [227:15] [228:16] [40:1] [129:20] [133:7] [135:7,20 offices [2:] io, oj [zoo. ij new [42:4] [43:12,13] [47:22] ,22] [139:20] [172:22] official [82:17] [206:17] [231:9,20] [232:17,19] [51:19] [184:18,20,22] [218:14] officials [82:7,15,19] [105:16 [233:4,9,12,20] [234:15] next [9:9] [92:8] [102:10,13] [263:17,18] ,17] [106:1] [122:10] [208:22] [235:8,20] [236:6,10,17] [124:16] [131:22] [162:5] northeast [107:23] offsite [62:9.14,16,23] [237:1,5,6,11,13,15] [239: [168:13] [205:19] [206:4] northwest [140:3] off-site [62:9,14,16,23] 5,10,1s1 ^Q^.IQ.IS1 [241:1,9j6,22i [243:1] [214:14] [229:14] [230:1] [265:5] r- d qi nuixiiiai iuj notary [5:6] [:23] vi i9|JCU ivv.vj off-spec [36:3] [244:3,4,18,22] [245:1,2,5] nine [29:5] note [261:13,16,19] often [208:9] [213:9,11] [246:15] [247:20] [248:6] ninety [90:5] nothing [35:12] [58:21] [214:1] [250:11] [252:6] [253:2,9,12 ninetysix [90:5] [64:9] [239:1] [:4] .141 [254:18.221 f255:81 ninety-six [90:5] notice [5:22] [270:22] [259:12,18] [260:14] [261: no [4:] [8:22] [9:14] [10:9,17 noticed [103:22] [145:4] oh [18:17] [32:10] [34:15] T39-61 r70-41 M7471 [191161 L------------1 I' ' '4 I................ Ohio [71:11,16] [72:23] 3,8,23] [262:1] [263:3] ,20,22] [12:1] [13:20] [14:5 npds [213:12] oil [85:17] [264:4] [265:5] [266:11,14 ,9] [15:6,22] [19:9,22] number [2:] [14:11] [72:2] oily [103:22] ,16,20] [267:15] [268:16,21] [21:14] [23:4,20] [29:16] [76:7,8] [161:1] [162:14] okay [6:19] [8:6,12] [9:5] [270:22] [271:11,12,18,23] [30:14] [44:2,19] [51:17] [164:18] [174:19] [191:19] [10:23] [11:20] [21:19] [272:1,6,12,23] [273:6] [53:91 [55:11,21] [56:1,11] [201:16] [221:5] [247:22] [24:2] [26:23] [28:14,23] [274:1,17,21,23] [59:11,15] [60:7] [61:17] [258:17] [271:17] [30:1,12] [32:8] [40:10] mrc [71:11] [63:23] [64:16] [69:11] numbers [166:2] [42:8] [43:4] [45:1] [46:21] mullally [136:18,19] [138:7 [70:22] [71:1,3,6,23] [74:4 numerous [9:23] [47:8] [49:4] [52:8,13] ,9] [150:20,21] [152:14] ,12,16,17,18] [75:2,5] [56:13] [60:8] [61:5,23] [166:19] [1b/:9] [170:1] [77:13,15] [78:1,22] [79:14] O [62:5] [66:20] [69:4] [70:16] [185:15] [215:23] [216:4] [80:13,18,21] [82:2,22] [77:18] [81:19] [89:22] [217:15] [84:2] [86:19] [87:15,23] object [7:6] [39:7,12] [40:3] [90:15] [91:19] [92:1] m-u-l-l-a-l-l-y [138:9] [150:20] [90:14] [94:16] [101:7] [45:16] [59:6] [77:3] [80:2] [95:5] [97:17] [101:4] mulliss [3:16] [103:2] [106:3] [112:20] [94:9,23] [95:10] [100:8] [103:19] [105:9,15] [115:19] mum [ iuh.^oj [113:13,15,16] [114:16] [102:20] [103:12] [110:9,19] [ i io: ioj [ i i:oj iizi:oj multiagency [104:23] [115:11] [116:23] [118:12] [112:13] [121:2] [125:21] [127:8] [130:61 [135:11] multi-agency [104:23] [122:7,19,21] [123:15,19] [139:13] [168:4] [169:18] [140:19] [145:10] [148:8,12] munford [248:18] [124:13] [127:3] [130:15] [185:9] [186:2] [191:11] [150:6,13] [155:7] [156:8] myself [87:5] [132:22] [136:7] [139:2,4,7] [197:23] [222:8] [228:16] [158:8] [163:11,18] [164:1] M-rf/VC Q1 MyH O 11 4A1 l i IT t i I , i*j roo^.Qi roo7-4ci [44.9. 1 C7J [4U I .wTJ [4\;r . I oj MCO.O -lyll M7T -HI ri-71-11 [ IW.<7, [II I IJ [ I I V.^j 8/31/2004 9:05 AM A. 13 ADAD21-003690 HARTOLDMON0033646 4/21/1998 Brown, Jerry; Mars Hi!! [174:11] [177:1] [179:7] [188:9,11] [215:21] [216:19] [176:15] past [127:22] [156:10] [180:15] [182:1] [185:12] [254:14] para-nitrophenol [16:12] pastor [12:20] [186:9] [198:5,20] [204:21] operator [181:14,16] [182:17] [176:15] pcb [9:3,13] [12:3] [53:10] [213:12,17] [214:4,13] opinion [126:5] parathion [9:16,18] [15:19,20] [55:17,21] [56:3] [58:18] [215:10,14] [219:19] [221: opportunity [85:8] [157:21] [18:12] [19:10] [21:5] [60:18,22] [61:19] [62:6,11 16,23] [222:12] [223:21] [260:3] [22:1] [25:10] [26:6] [29:13 ,12,15] [63:5] [71:20] [72:5 [225:16] [229:14] [237:15] opposed [18:22] [19:2] ,14] [30:7,14] [31:11,18] ,10] [73:21] [75:9] [77:1,10] [238:17] [240:7] [246:23] [126:20] [147:23] [35:6,11,13,22] [36:13] [79:6] [80:17] [81:11] [257:2] [259:8,11] [262:15] options [225:13,19] [a/:1z,1 (;zS\ [38:z,14] [82:3,10] [85:3] [88:3] [265:23] [269:2] [273:5] order [36:21] [111:21] [57:7] [127:1,7] [176:11,12 [91:3,4] [92:8,21] [94:1,15] old [15:20] [168:15,23] [268:1] [272:16] ,13] [177:7,12,14,16,18,20 [95:16] [99:5] [103:9,14] [177:19] [182:9] [196:16] ore [173:8,9] ,23] [178:7] [179:2] [186:23] [104:1] [110:21] [112:12] [252:16] organic [36:8] [41:7] [143:14] [226:18] [113:21] [115:6] [118:23] n---I-H----o--ri-T--V---S---1-4'1i irild''^'lj Ml 7 1-1Q H `l1 Ifil M ^ `71 vijjciiiu.aiiv<i [iv, ivj ii-r.ij ,20] [23:9] [49:6] [80:19,23] MO<4 HI pdiuuu i ij parking [193:2] fHHrVHH -lOI MOO.OOl Mno. I j i sy. i i, i 1 14] [124:12,14] [125:18] once [225:5] [228:4] [154:23] [157:22] [212:13] part [20:23] [21:15] [24:20] [126:19] [130:13] [133:3] one [4:] [6:10,23] [8:23] organizations [12:11] [25:9] [26:13] [28:10] [134:9] [139:11] [144:6] [9:9] [12:2,4,5] [13:5] r23:14H29:181137:111 [13:8,12] [35:2,3,14] [40:2] [41:13,18 [151:23] [152:4] [160:17] omanonhosphate [176:17] ,19] [49:5] [54:21] [55:22] [162:1,4,6,8] [165:4] [166: [38:23] [44:5] [53:13] [234:3 [58:8] [62:7,18] [65:3,5,12] 5,21] [167:6i,[168:i7] [61:17] [65:6] [67:23] orient [192:18] [72:6,10] [73:14] [88:21] [170:22] [172:10] [176:1] [68:1,2,6] [70:9] [72:4] original [67:9] [91:17] [95:23] [119:10] [185:8] [186:23] [198:23] [73:7] [74:17] [76:1] [85:15] otherwise [8:5] [14:10] [122:19] [131:21] [132:3] [200:9] [205:14] [216:3] [90:4] [116:13,14] [123:13] [39:5] [239:14] [133:16] [163:12,22] [183: [221:5,18] [223:9] [224:16 [124:10] [126:4] [127:21] ought [198:23] [200:9] 21] [192:16] [194:17] [197: ,18] [225:14,15,19] [226:13] [131:20] [134:7,21] [136:11] [271:14] 3] [198:21] [199:15,21] [229:3,13] [234:19] [236:4] [144:16] [145:8,9] [151:21] outfit [82:21] [204:5] [212:13] [213:6] [238:15] [248:6] [249:16] [153:23] [155:4] [157:9] outflow [160:14,17] [215:15] [216:12,13] [220: [252:16] [263:12] [271:21] [160:16]| [161:2,6] [165:20] outlawed [88:19] 3] [223:3] [231:3] [234:9,11] [273:18] [166:8] [174:16] [180:1,16] outlying [127:9] [235:4,19] [236:8] [242:7,8 pcbs [43:21] [44:13,23] [181:20] [182:4] [187:16] outside [12:7] [17:2] [235:11] ,10] [243:11] [245:11] [47:10] [48:1] [49:8,21] [195:21] [209:1] [217:21] [236:12,13,23] [237:2,9] [250:22] [255:12] [256:15] [53:8] [55:10] [56:18] [225:22] [226:12] [228:10] [238:2,5,11] [239:4,22] [266:6] [58:1,21] [59:3] [63:19] [231:14] [238:5] [239:4,22] [240:4] [243:21] [251:9] rono-om 1-TkJ.. Ij rocn.Q 4qi I I j I overall jjoz: 10] partially [255:21] participate [42:10] [83:17] [64:9] [65:11] [68:6,22] [69:13] [72:4] [73:5,9,23] [262:7] [268:1] [156:2] [201:3] [105:4] [106:23] [74:22] [75:17] [78:6] ones [34:18] [241:4] [245:5] own [34:2] [78:2] [87:1] participated [14:6] [79:21] [83:4,22] [84:5] [247:9] [271:7] particles [249:5] [85:7] [86:5,18,23] [88:15] ongoing [24:15] [26:7] owned [56:6] [104:4] [137:18 particular [15:14] [23:13] [90:19] [91:18,23] [94:3] [41:13] [62:4] [63:14] [69:2] [78:22] [187:15] ,20] owner [138:11] [173:11,16] r33:7 191 r41:31 r43:4' [44:1 !i5] [52:17] [56:18] [95:7] [98:20] [100:15] [102:1,14] [107:6] [108:13] [188:9,10] [198:21] [57:17] [64:19] [65:6] [111:4] [113:3] [114:10,15] onsite [62:15] [77:17] [214: owners [108:18] [80:14] [83:7] [84:4,8] [115:17] [120:1,16,22] 6,18] [218:12] [86:7,13] [102:13] [108:18 [122:6] [125:6] [127:4,7,14] on-site [62:15] [77:17] P .201 ri 12:221 M27:10.231 [128:2.141 [130:201 [131:3 [214:6,18] [218:12] [128:11] [130:12,18,21] ,11] [132:8] [135:5] [136:9] onto [119:15] p.m [149:14] [275:10] [132:5] [133:10] [134:12] [137:16] [138:13] [140:8,20 open [30:22,23] [158:11,22] package [72:11] [138:4] [165:3] [169:16] ,23] [141:8,10,12] [143:21] [167:20] [211:7,19] page [4:2,] [161:21] [168:13 [180:3] [188:6] [193:21] [144:3] [148:4] [167:7] operated [28:17] [182:22] ,17] [181:22,23] [260:4,19] [194:13] [201:11] [204:1] [170:11] [173:4] [175:21] [183:1] [214:15] [264:2] [222:15] [225:11] [244:12] [185:17] [187:21] [190:1] operating [19:9] [25:23] paid [87:14] [140:15,17] [245:8] [246:19] [255:17] [197:21] [198:8] [202:10] [26:1] [123:1] [150:8] pain [16:14] [261:11] [262:3,6,19] [203:13,17,18] [204:9,13] operation [16:7,9] [19:5] papageorge [65:2,18] [272:20] [205:17] [207:3,11,21] [24:9,10] [25:15] [52:20] [66:3] [82:13] [85:9] [87:16] particularly [140:2] [209:20] [211:5,8] [215:17] [56:2] [90:2] [112:22] [125:15] [130:10] [13 / :6,8] parties [5:3] [8:13] [64:13] [218:14] [219:2,9,14] [150:10] [167:20,21] [170: [138:5] [152:20,23] [153:3 [69:9] [97:21] [:14] [220:8,15] [222:4] [224:1] 12,16,18,19] [176:11] ,17] [216:1,5] [221:2,8,17] parts [16:7,9] [96:19,20] [226:10,17,22] [230:6,9,15] [185:18] [198:14] [203:16] [230:14,21] [231:20] [98:15,19] [99:3] [104:3] [231:2] [232:14] [233:18,22] [218:2,3] ro-7-4rcc.ici vpciauuncii \-i. ivj ivj paper [179:14] [187:10] __________________i, ro a a ,oi (jciperwurK \t. ih.dj [107:10,13,16] [110:11] tA A A .r\A1 TA A A f\ A A1 |l I \\. ij [l 1^.57, IU, IUJ [234:12] [235:3,11] [236:18] mm.o c\ *141 noo.o 471 [160:12] [183:3] para [16:12] [176:15] [115:2] [117:20,21] [205:23] [239:22] [248:10,22] [249: operations [15:1] [21:6,17,21]paragraph [162:5] [166:20] [206:2,6,7] [230:9] [233:1] 2,7,19,21] [250:19] [251:9] [24:15] [25:13,16] [62:4] [168:10] [169:14] [181:23] [239:4,12] [250:2,9] [264:7 [252:14] [254:12] [260:23] [150:1] [152:9] [155:8] [264:3] [265:5] [268:15] ,21] [267:21] [272:17] [261:6] [264:4] [266:8] naranS1IVtrI Anls&nAl [IW. i 107'k `t,A-r, -,IQv,1j f07n o-n ro7-i-ai l-- j 1-- j 8/31/2004 9:05 AM A.14 ADAD21-003691 HARTOLDMON0033647 4/21/1998 Brown. Jerry: Mars HU! peck [3:11] [7:10] {8:23] [158:11,17] [167:8] [182:18] places [16:4] [249:6] [267:19] [60:11] [61:22] [63:8,15] [39:7,12] [40:3] [45:16,19] [207:6] [208:17] [209:2,6] placing [268:11] [269:4] [64:16] [66:5] [68:1] [69:3,17] [59:6,23] [60:3] [67:16] [215:18] [221:10] [238:4,11] plaintiff [10:16] [73:16] [74:4] [78:17] [69:5] [77:3] [79:2] [80:2] [439:9] [261:7] [262:19] plaintiffs [2:] [3:3] [4:] [81:23] [82:3] [84:4,8] [84:13] [90:22] [91:3] periods [89:15] [6:11] [161:1,5] [162:12,14] [92:5] [114:21] [120:21] [94:9,23] [95:10] [96:19] permission [106:18] [109:2] [164:17] [167:2] [172:17] [134:7] [138:21] [150:9,11] [100:8] [102:20] [103:12] permit [213:15,16] [175:20] [181:20] [191:19] [152:10,15] [163:10,20] [110:9,19] [111:17] [112:13] permits [211:17] [192:1] [193:15] [194:21] [174:15] [190:2] [191:13] [115:21] [116:3,14,20] ermitted [201:16] [235:7] [236:12] [19'2:9] [i9a:l8,2l] [194:14 [117:2,10,14,17] [121:2] [229:13] [238:6] [247:21,22] [248:8] ,19] [195:18] [196:7,14,22] [125:21] [134:1] [139:13] permitting [28:9,10] [35:7] [253:17] [256:4] [258:16,17] [197:15,16,19] [199:13] [146:9,14] [149:1] [155:13] [74:6] [212:18] [213:13,18 plan [95:22] [244:16] [201:4,10,15] [202:1] [168:4] [169:18] [170:15] ,20,22] [214:5] plans [29:2] [204:23] [208:5] [210:16] ri71:23U177:51f181:191 [185:9] [186:2]'[191:11] person [21:23] [23:18] ^ [24:1 of [26:18,19,20] plant [15:2,11,17] [16:3,5] [212:17,18] [215:22] [219: [17:18] [18:15,18,19,20,21 15,17] [220:20] [221:22] [193:8] [197:23] [217:6] [37:14,22] [64:3] [65:6] ,22] [19:1,2,15] [21:7] [222:3] [223:2] [225:17] [222:8] [228:16] [229:19] [93:6] [126:4] [137:12] [23:1,5] [24:4,5,8] [25:9,15] [226:1,7] [228:21] [229:11] [231:9] [237:6,11,15] [153:8] [154:16,18] [155:4] [29:22] [30:16] [36:8] [241:15] [245:16] [260:23] [239:18] [240:5,10] [241:10 [159:211 ri81:161 [182:41 [43:7.101 f44:91 145:13] [268:4] [270:1,8,10,23] .22] [243:1] [244:4,18] [183:22] [205: loj [207:15,19] [46:7,10'l5,16,19] [49:1,9] [272:21] [273:4] [274:5,8] [252:6] [253:9,14] [259:12] [208:4] [212:17,18,21] [51:12] [55:6,11] [56:11] points [219:13,21,23] [261:8] [266:14,20] [268:21] [220:13] [57:21] [58:1,5,19] [59:14,20] politically [155.14] [271:12] [272:1,6,12,23] personal [52:20] [78:2] [60:16] [61:12] [62:1] pollutant [70:10,13] [71:8,19 [274:1,17] [126:5] [138:19] [63:7,18] [64:6,11] [65:14,16 ,22] [72:10] [73:11] pen [165:2] [172:19] [257:3] personally [26:21] [44:2] ,19] [66:8,10] [67:14,15] pollutants [72:3,7] [73:13] penalties [239:201 [240:8,151 [60:10] [89:23] [90:14] [68:6,14] [69:1,13,15,20] [219:14] pens [140:3] [92:10] [145:8] [212:2] [73:3,18] [74:6] [75:1] pollution [140:11] [152:6] people [7:6] [20:16] [26:14] pertained [214:14] [79:12] [82:10,13] [83:5,20] [162:9] [166:23] [185:18] [30:4] [44:3] [48:10,12] pertaining [140:8,9] [84:9,16,18] [88:14] [90:23] polyfoam [180:18] [63:4] [66:16] [78:17] pesticide [15:21] [37:23] [91:2] [92:9] [94:16,19,22] polyphenyl [18:10] [52:19] [83:21] [86:23] [87:2] pesticides [38:1] [39:23] [95:9,17] [100:23] [101:2] polyphenyls [53:7,9] [88:3] [89:17] [93:4,15] phase [60:15,17] [65:13] [107:22] [118:10] [119:6,22] poole [210:21] [95:20] [97:9] [101:15] phased [15:22] [23:3] [62:20] [120:2,17] [123:1,20] poorly [201:20] [268:18] [105:18] [108:21] [120:8] [81:21] [183:10] [124:5,7] [125:8,20] [126.6 porch [2:] [123:8,21] [128:5,21] [129:6il2,14,19] [130:18] 5 loevuvni i fftR'l 'll i uj phase-down [65:13] . no.fti [129:13,21] [133:7,8,18,21] portion [15:10] [46:20] [140:15] [146:6] [150:15] phone [255:4] [136:22] [137:5,6] [139:20 [49:2] [163:14] [178:10] [151:7,15,16,17] [155:19] phosphate [172:9] [254:14] ,22] [141:14,17] [142:7,14] [194:20] [270:3] [157:5] [208:17] [211:12] phosphates [254:13] [144 7] [147:10] [149:18] pose [85:4] [217:18] [231:191 r241:161 phosphorus [172:9] [246:10] [254:17] [259:10] phrase [205:8] [151 2,7,11] [152:18] [153 l|9Jo! 16,18] [154:3,10 position [21:2,3,7] [22:17] [260:8] physical [41:6] ,15,19] [156:3,10,20] [157: [23:8,15] [51:1,10] [55:1] per [68:5,6] [96:19,20] picked [131:20] [178:11] 10] [158:4,14] [159:22] [61:20] [62:17] [64:8] [98:15,20] [99:3] [104:3] [198:12] [205:17] [164:7] [172:5,6,7] [178:9] [67:6] [89:20] [157:4,5] [107:10,13,16] [110:11] piece [10:1] [35:20] [187:10] [179:121 [184:1,13,181 ri58:11 [159:1511183:101 [111:22] [112:9,10,16] [256:18] [191:16,17] [192:2,7,11,12 [184:11] [221:9j [223:1] [117:20,22] [186:20] [205: pigs [134:14] ,17,20] [193:20] [194:1,3,10] [231:19] [246:4,5] [247:14] 23] [206:2,6,7] [230:9] pile [109:23] [195:15,17] [196:2] [197:20] positions [50:16] [233:1] [239:4,12] [250:2,9] pilot [52:19] [53:1] [201:6] [203:7,9,11,13] possibilities [15:9] [264:7,21] [267:21] [272:17] pin [159:19] [204:16] [205:5] [207:4,5,13] possibility [204:17] [273:14,19] pine [12:15] [209:21,22] [214:8] [215:4 possible [75:13] [84:6] perceived [64:12] pipe [31:15,17] [109:5,13] ,20] [216:1] [220:2] [223:3,9] possibly [64:14] [122:3] percent [148:16,17] pit [32:20] [33:1] [34:22] [228:1] [242:13] [261:2] [188:22] perfectly [6:18] [100:4] [168:1] [174:4,14,16] plantissued [123:20] potential [38:23] [84:11] perform [44:8,16] [142:6] [262:23] [263:1] plant-issued [123:20] [87:18] [88:12,14] [95:3,5] performed [29:8] [44:14] pits [99:23] [174:16,19] piants [19:21] [81:20] [132: [120:16] [121:13] [128:13] [97:17] [250:13] place [20:9] [25:7] [27:20] 14,15,16,19,21] [140:18,21] [136:14] [152:5] [231:15] perhaps [9:10] [34:11] [28:9,11] [29:2] [50:19] play [242:8] potentially [89:10] [135:4] [57:20] [81:10] [85:20] [54:1] [68:16] [71:13] please [195:6] poultry [140:4] [130:1] [131:20] [132:10] [93:12] [100:3,5] [125:10,12] plots [140:21] pound [67:23] [68:2,6] ri4? 191 MiA-tAl HRA-ftl --j t "'jr [188:19] [251:8] [262:20] [134:17] [150:17] [156:14] plus [7 ..^Oj [160:9] [183:20] [213:21] pnp [176:13,14] ryg. 4 oi pounds [76:2,14] [77:20] period [59:19] [67:18] [78:21] [230:15] [234:1] [238:9] point [10:6] [26:11] [27:3] [186:23] [187:21] [80:11,14] [119:5,8] [120:13] [252:1] [269:8] [29:18,19] [30:13] [32:20] pour [103:6] [121:1] [129:9] [138:3] placed [20:3] [32:20] [99:23] [33:8,15] [43:18] [44:5] powell [151:6] 1140:71 f147:411151:221 fl 80-7 101 [47;10] [48:8] [55:9,12] nnuuar rww.v,1iwH,I.fWil j^r9WRI7.W'5]j 8/31/2004 9:05 AM A.15 ADAD21-003692 HARTOLDMON0033648 4/21/1998 Brown, Jerry; Mars Hi!! pr [52:4,6,10] [53:23] [54:5] [31:1] [33:21] [35:4,7,15] provide [122:8] [235:17] questioning [99:21] [138:18] practical [185:19] [203:12] [37:1] [51:12,21] [52:7] provided [97:18] [125:13] questions [5:17,18] [6:13,20] practice [77:17] [131:1] [53:2,3] [60:20] [119:2] [126:5,9] 17:21111:811117:311146:211 [147:8,11,15] [153:21] [128:4] [213:21,23] [214:5] public [5:6] [214:16] [218:5] [161:9,23] [168:12] [233:11] [190:18] [243:4,22] [215:16] [219:21] [226:21] [23] [245:4,10] [248:3] [258:7,12] practices [150:17] [236:8] [238:18] [241:7,8] publications [86:11] [260:2] [261:16] precaution [124:9] [242:6] [246:1] [247:13] purchase [139:17] quick [69:5] [253:14] precautions [124:20] [125: A (M TA n/J.QI IOJ l I^U.O] [249:15] [265:15] _ processes [51:20] [/4:b] purchased [134:15,20] quintard [2:] [135:9.14] [136:6] [137:13] quite [141:21] precipitated [103:16] [199: processing [203:22] purchases [140:20] 19] produce [139:18] [140:6] pure [104:3] R predecessor [156:12] produced [43:6] [125:7] purports [162:17] predecessors [156:9] [204:6] purpose [33:17] [101:17] radiator [17:4] preparing [92! 12] pivuuviiiy MC-C1 [MluC-.Qu1j ta on. a ~7 om roo-7.001 rooo. [ IOC7. I t j [400. r__a__g_;i_n__g_tAi-wT.A. iA*1tj presence [49:19] [148:3] [43:6] [56:2] [90:21] 14,15] rags [177:15] [261:6] [266:8] [:6] product [16:10,20] [25:11] purposes [81:10] railroad [109:17] present [47:10] [49:8] [122: [36:3] [40:6] [51:15] [53:6] pursuant [2:] raised [129:21] [130:1,13] 6] [168:18,21] [197:22] [54:17] [55:4] [62:3] [64:4] put [28:2,11,12] [32:6,11,16 ralph [260:7,9] [212:211 T262:121 [74:23] [91:4,14] [126:21] pretty [27:20] [59:4] [112:11] [127:15] [128:10]l[204:5] J71 T34:22] [35:5,18] r36:6] [68:16j[78:12] [95:19^21 ] rii'vai [246:14] nAi161 [174:3] production [15:18] [19:12,16] [104:21] [109:5,13] [149:17] range [17:21] [264:6] [265:3] previous [21:14] [64:7] [22:2] [58.6] [75:22] [76:11 [150:16] [167:23] [169:17] ranged [107:8] [173:11,16] [187:3,4] ,13,17] [77:1,8,11] [78:14] [171:12,14] [172:22] [182: ranges [17:1,14,19] previously [21:13,16,17] [81:20] [89:5] [90:171 191 [190:141 ri 97:4,81 ranging [265:1] [57:7] [114:8] [164:3] [122:23] [123:7,14] [124:18 [213:21] [233:15] [238:9] ranked [227:6] [169:17] [185:6] [189:2] ,22] [125:4,6,19] [126:20,21] [239:6] [249:22] [254:9] rare [36:15] [191:10] [192:5] [253:23] [128:4] [170:20] [255:10] [257:11,21] [269:8,9,17,20] rates [141:7] primarily [17:14] [45:10] products [16:11,22] [17:12 puts [236:4] rather [114:231 [166:17] [57:1] [111:10] [176:10,16] ,16] [24:17,20] [25:12] putting [127:17] [189:20] [204:9] [220:13] [201:7] [90:16] [223:4,6] [193:10] [229:17] raw [16:12] [32:2] [62:2] primary [16:10] principal [97:14] printed [201:20] professional [2:] [41:9,15] [:] program [20:21] [59:18] Q ray [260:6] rcra [20:4] [27:16] [28:10] [30:20] [178:6] [188:12,17] prior [5:21] [9:9] [141:13,16] [67:9] [68:21] [99:15] qualified [240:3] reached [38:14] [60:13] M 4 0.-71 M*70.C1 M04.01 [ i i j [ 11 [108:15] [109:20] [234:1] qualify [240:18] reaction [228:10] [212:5] [235:5] [245:8] [267:13] quality [54:17] [55:5] [62:3] read [71:2] [86:11] [92:5] priority [70:10,13] [71:8,19 programs [69:2] [64:4] [165:11] [168:11] [169:21] ,22] [72:3,7,9] [73:11,13] progressed [106:7] quantitate [267:9] [186:5] [193:6] [258:21,22] [219:14] project [222:15] [253:3] quantitated [118:22] [259:6,8] [260:3] [261:14,17] pr{\/ate [185; 17] roftORi ^uaiiuiico [rtoun->ri. ini iuj [267:15] [268:14,17] probable [162:7] promotional [157:20] quantity [75:23] [186:19] reading [5:10] [169:14] probably [11:1] [14:19] pronounce [152:12] quarter [218:10] [260:22] [48:7] [53:16] [73:8] [127:22] proper [92:15,22] [93:19] quarterly [214:17,23] [215: readings [107:15] [250:6] [152:15] [182:21] [183:12] properly [27:16] 10] [216:20] [218:4] real [16:5] [17:19] [127:6] [188:71 [189:1] [201:21 properties [53:14] [228:12] aueenv T184:131 1248:151 [220:14]" [254:6]" [255:13] property [9:17] [10:1] [56:5] question [6:14,23] [7:16,20] really [14:23] [23:20] [27:1] [270:16] [272:4,9] [274:21] [84:11,12] [139:10,12] [39:8,13] [40:4] [45:17] [41:12] [58:8] [69:23] problem [58:18] 181:9] [145:2,12] [146:7] [192:17] [57:16] [58:11] [59:7] [70:7] [80:5] [149:3] [159:10] [83:19] [87:4,8] [88:1,2] [194:9,10,11] [195:15,17] [60:1,5] [73:6] [77:4] [80:3] [195:17] [211:23] [213:4] [90:18] [102:14] [103:9,14] [196:13] [222:4] [238:18] [82:12] [92:11] [94:10] [222:14] [235:1] [104:5,9] [114:9] [120:22] [247:7] [254:2] [256:8,18] [95:1,11] [100:9] [102:21] rear [47:17] [121:9,13,19] [122:1,11] [263:15] [103:13] [110:20] [112:14] reason [119:12] [134:21] [130:12,17] [135:3] [140:11] proportion [193:3] [115:23] [116:2,7,10,16,21] [139:4] [169:23] [170:3] [153:7] [166:23] [185:19] proposal [268:3,19,20] [117:7] [121:3] [125:22] [245:3,9] [259:18] [191:4] [198:23] [200:9] [269:19,22] [270:18] [135:8,9] [136:12] [139:14] reasonable [38:6] [201:11] [205:11,13,16] proposed [109:1] [112:18] [146:13] [148:21] [168:5,6] reasons [233:22] [206:14,15,19] [211:5] [267:13] [268:5,9,10] [169:19] [185:10] [186:3] recall [74:8] [80:15] [92:7] [217:4] [220:22] [221:18] [269:3] [198:1] [200:11] [205:7] [101:22] [122:12] [123:16] [228:3] [232:11] [246:13] proposing [99:16] [211:23] [214:1,14] [222:9] [127:23] [129:11] [151:10] [254:4] [275:4] protect [125:17] [228:17] [229:20,23] [231: [266:1] pruuiemS [iU, iyj [OO, l^j protection [74:21] iuj t^J/:4, ioj i*eu:vij received [162:7] [208:23] [39:4] [86:16] [92:8] [151:21] protocol [73:14] [97:19,23] [241:11,14,23] [243:2,7] recent [14:13] [236:9] [231:16] [245:6] [104:21] [267:14] [244:5,19] [253:10] [261:9] recognize [149:22] procedures [160:12] protocols [110:3] [267:1] [268:16] [271:13] recollect [102:8] [208:2] process [17:9] [18:7] [27:18] prove [210:13] [272:2,7,13] [273:1] [274:2 recollecting [149:20] [28:9,10] [29:8,19] [30:8] proven [86:5] IQ TTI .aaaIIa-*:-- mo ai rcn-d -m 8/31/2004 9:05 AM A.16 ADAD21-003693 HARTOLDMON0033649 4/21 /I 998 Brown, Jerry; Mars Hi!! [59:19] [61:8] [78:19] [114:5] release [78:23] representative [105:2,6,8] [58:15] [62:10] [65:4,18] [161:8,11,18] [200:1,2] releases [79:7] [218:8,9] [206:23] [207:18] [68:8] [95:12] [97:5] [107:14] [265:16] reliever [16:14] reDresentatives fl 08:91 ri09:19] [115:5] [118:18] recommendation [99:20] [166:17] religious [12:12] relocate [16.3] [202:8] [215:4] [240:23] represented [105:9,10,12] [124:1831] [125:3] [136:23] [139:12] [142:5] [149:11] recommendations [99:18] relocated [178:12] [179:6] [168:3] remained [76:15] represents [6:10] reps [209:1] [158:23] [159:6] [165:14] [166:11] [177:22] [179:3,4 recommended [93:14] remaining [16:7,8] [20:2] request [93:18] [188:20] ,16] [180:12] [186:5] [189:16] [100:7] [102:19] [168:20] remediating [234:2] requested [93:3] [191:15] [192:21] [193:13] record [11:6] [103:4] [114:21] remediation [108:15] [241: requests [93:2] [195:22] [196:15] [197:8,12] [138:12,14] [156:1] [186:12] 8] [242:6,11] [244:15] require [17:8] [274:15] [202:5] [206:11] [225:3] [261:15,18] [275:5,6] [245:23] required [110:15] [123:11] [228:6] [243:7] [247:17] records [76:11] [186:14] remember [8:14,15,17] [186:11] [251:11] [257:8] [261:13] [189:7,8,13] [11:3] [20:22] [22:6] [23:14 requirements [220:5] [266:17] [269:16] rectangle [256:9] ,19] [24:1] [27:1,5,9] [35:8] rerouting [214:7] rightofway [179:3,4] recycled [20:1] [48:14] [66:11,23] [67:2,20] research [51:13] [52:7] right-of-way [179:3,4] reduced [18:18] [:6] [70:18,20] [72:5] [75:6,15] [71:13] ring [127:21] [150:21] reducing [67:23] [80:22] [81:6,13] [85:21] reservoir [120:7,18] [122:4] risks [85:3,6] reductions 168:131 refer [67:21]' [86:1,15] [88:22] [92:6] [94:5] [96:8] [97:13] [99:9] ri aweoSiurtcAiniiI 1F11 \*j3 Q\j`.A\j1\ residential [128:20] non. a oi iivci iuj road [121:21] [129:15] reference [138:1] [162:4] [103:15] [105:13,23] [106: residents [83:10,20] [129:16] [197:10] [254:23] [243:14] 22] [110:12] [111:20] [120: [232:13] [261:21] robert [22:6,7] [26:9,17] referred [172:2] [198:6] 9,10] [121:5,14] [122:14] residual [75:20] [133:22] [154:14] [156:14,15] [199:8,22] [128:9,15,18,191 [129:181 residue 135:131 r57:11 F76:14] [157:3,7,9] [158:18] [159:12] referring [150:14] [181:19] [130:3] [133:11,14] [134:8 [170:23] [177:12,13] [254: [184:2] [245:19] [247:13] [197:2] [202:17] [208:3] ,11,16,19] [136:20] [140:1,2 12] [263:12] rock [174:12] [227:11] [256:1,8] [262:2] ,3] [142:16] [143:22] [149:16 residues [76:4] [172:10] role [52:15,17] refers [168:9] [264:4] [270:6 ,19,23] [151:14,21] [152:1,3] resolved [104:10] roles [66:7] [158:17] .7] [160:4,19] [175:14] [182:16] resource [244:12] room [124:23] [125:1,5] refining [53:13] [188:17] [198:5] [200:19] resources [47:18] rooms [124:17] refresh [161:8] [201:3] [202:14] [207:7,8,15] respective [5:3] rotary [14:3,11,14,18] reg [99:1] [209:23] [221:13] [252:21] respond [155:7] roughly [148:15] regard [160:7] [259:1,6] [260:13,14] responds [155:5] route [192:9] regardless [123:21] ro.i icvjiviicii |..j [262:8] [265:22] [266:2] response [25:14] remembering [26:16] [68:20] responsibilities [54:14] routine [126:16] [145:20] [160:12] [216:18] [220:4] registered [2:] [:] [143:4] [223:18] responsibility [52:16] routinely [222:1] regular [28:15] [214:12] removal [29:4] [30:7] [68:22] [53:19] [62:19] [63:1] rpr [5:5] regulate [237:20] [269:23] [270:4] [66:9] [128:6] [153:15,19] ruled [117:6] regulated [88:19,21] [98:20] remove [18:5] [31:1] [80:10] [154:13] [155:16] [157:7] rules [5:13] [42:6,7] [123:5] [169:11] [219:17,22] [224: [92:22] [110:13] [121:23] MCOMC1 T4 00.41 T400.0 OOl l I UU. 1UJ [I run [16:5] [184:18,20] [265: 19] [226:13] [236:13,16] [206:10] [224:5] [231:6] [223:8] 20] [269:13] [237:9] [238:21] [239:7,13] [268:10] [269:15,16] [272: responsible [20:11] [24:9] running [52:19] [53:1] [242:19] [273:17,18] 21] [273:9] [274:16] [25:14] [30:5,6] [62:2] [269:11] regulates [224:1] removed [19:12,17] [29:10] [64:3,14] [65:16] [74:14] runs [184:23] regulation [153:131 [225:1,41 177:20.221180:71190:16] [84:10] [153:9] [154:10] [236:21] [243:12] [274:14] ' [91:6] [93:21] [109:4,11,16 [156:4] [209:19] [216:17] S regulations [42:6,7] [72:1] ,22] [220:9] [225:1] [251:17] [221:4] [222:6] [88:22] [100:3] [123:6] removes [17:5] rest [11:21] [16:3] [148:17] safe [37:5] [153:20] [167:17] [224:17] removing [106:13] [222:4] [172:23] safety [67:7] [123:10] [154: [240:13] [252:2,9] [231:5] [269:3] [273:3] restate [269:1] 121 regulator [208:8] reorganization [24:14] restrictive [225:20] sake [171:23] regulators [65:10,15] [153: reorganized [18:17] [158:18] result [273:20] salers [2:] [5:5] [:] 8] [156:5] [245:6] repeat [6:16] [243:9] [252:7] resulted [200:3] sample [99:12] [177:15] regulatory [26:3] [27:11] replaced [158:8] results [59:21] [61:18] sampled [81:14] [110:1] [50:10] [64:22] [72:6] reply [74:19] [72:14] [97:18] [98:3,5,7] [111:12] [251:2,3] [80:16] [82:1] [88:1 /j report [24:2] [53:18] [75:11] [267:16] [271:15] samples [43:19,20] [44:16] [92:19] [98:12] [187:18] [154:15] [156:9,19] [158:3] retire [221:12] [255:14] [45:4,5] [46:4] [47:6] [98:2] [206:16] [215:16] [219:20] [166:17] [170:7] [183:5,17] retired [182:20,21] [183:18] [104:12] [108:13] [250:21,23] [230:4] [245:20] [246:21] reported [50:20] [66:17] [212:11] [221:3] [255:6] sampling [49:16] [95:21,22] [253:5] [273:11] [103:18] [152:14,17] [153: retroactively [187:13] [97:19] [110:10] [120:4,5,12] itriicisHi rin\o.4i..-/71j 4] [183:6,11,13,15] review [70:3,6] [141:4,5,6,11,12,15] [235: related [55:9] reporter [2:] [:22,] reviewed [70:4] [98:5,7] 5] [251:6,13] [266:4] [267:7] relates [84:5] reporters [4:4] rice [85:16] [274:3] relating [5:14] reporting [2:] [50:7] [53:20] rid [137:22] samplings [107:4] relation [35:5] [220:4,5] right [6:15,17] [19:4] [22:9] sandstone [33:9,17] relationship [213;2] ArN V|SVI M [ ^-r. I -TJ j/. / . | I jroe.o em M7.-M1 rcn.ooi sanioure [ i ou. i / j 8/31/2004 9:05 AM A.17 ADAD21-003694 HARTOLDMON0033650 4/21/1998 Brown, Jsrryj Msrs Hi!! sat [248:12] security [162:2] shipments [136:22] slag [254:13] save [7:18] [15:10] sediment [49:16] [72:22] shipped [110:4] slags [172:9] saw [34:3] [127:20] [161:15] [79:21] [80:7,10] [92:22,231 shipping [136:20] sloped [33:7] [168:7] [94:4] [96:17] [100:6] ' shoes [123:10] slow [249:15] say [6:22] [7:17,22] [11:1] [106:14] [107:5,17] [108:12] short [41:15,16] [42:11,13] small [16:5] [18:18,20,21] [18:9,20] [19:8] [22:11] [109:5,11,16] [110:7] [91:10] [149:4] [270:13,14] smith [3:16] [24:22] [25:20] [30:19] [112:3,18] [113:21] [115:13 shorthand [2:] [:22] snow [59:16] [74:3] [79:19] [32:14] [36:17] [42:16] ,16] [117:19] [118:6,12] show [161:4] [172:16] [80:8] [100:17] [102:11,12] [46:8,16] [49:15] [53:1] [11y:a,i2] [121:23] [202:11] [191:22,23] [192:15,22] [103:16,23] [104:12] [106: [63:18,21] [71:21] [77:7] [203:4,10] [204:13] [207:3 [201:19] [253:17] [256:20] 16] [107:17,18] [109:18] [79:2] [83:1] [93:13] [97:6,7] ,12,21] [210:19] [211:6] [258:14] [271:16] [110:7] [113:10,22] [120:17] [103:3] [104:17] [109:7] [217:2] [218:14] [220:7] showed [160:21] [121:20,22] [185:13] [186: [125:2] [127:16,20] [132:9] [135:12] [144:4] [145:23] [222:10] [224:6] [228:22] showing [178:19] ihown [13roc a - c 401 roco ,44i rocn.4 e l^.j [4UO. I Ij [409. I a 1] [1r9A 1r\t:~5i.]--7[a19i 6ra:3r\r,5\-,a9]-t[i197: ..\ [iyo./,j i,/j [146:3,5] [148:5] [159:15] ,16] [270:1,4,9] [273:9] [261:19] [202:10] [203:1,7,9,11] [167:13] [168:22] [169:13] [274:16] shows [260:19] [264:18] [205:6,20] [206:10] [207:3 [177:12] [180:8] [183:1] sediments [49:20] [95:7] shut [39:2] [59:20] [65:9,10] ,12,21] [209:20] [211:5] [186:23] [187:17] [198:2] [99:4,22] [111:11,14] [66:18] [69:1] [112:21] [213:10] [217:3] [220:8] f202:191 [203:19] [204:12] [205:1] [211:13] [222:12]' [115:17] [118:2] [191:5] [222:6] [249.18] [269:3] rL i lo rn j ri--9-io-"in'ii shutdown [65:13] r222:7,11] r228:23j [260:20 .21,22V[261:6] [263:21] [226:22] [227:18] [232:9] [272:15] [274:6] shutting [64:11] [65:12,16] [264:6,13] [266:8] [270:7,9 [246:8] [249:23] [250:3] seeing [195:20] sicced [200:5] [205:12] ,10] [271:8,22] [273:23] [252:3] [254:5,8] [255:23] seeking [67:13] side [10:19] [20:6] [46:15,16] [274:6] [256:7] [257:17] [263:18] seems [93:91 [111:1711193:1611196:21 soap [38:5] [267:16] seen [69:23] [76:20] [85:5] [220:3] social [12:12] saying [56:1] [58:12] [83:14] [132:18] [141:1] [144:13,15 signature [5:10] [156:7] soil [30:15] [31:17,19] [95:2,3] [100:13] [113:18,19] ,23] [145:1,8] [213:5] [216: signed [153:13] [43:19] [45:3,5] [46:4] [120:11] [125:19] [143:6] 7,11] [235:15] [243:10] significant [120:22] [47:6] [92:11] [93:3,8,15] [188:23] [193:17] [197:18] [259:15] significantly [142:19] [94:4] [96:2] [97:3] [98:8,16] [198:17J [199:2] [237:2,3] segment [104:15] [113:4] similar [57:6] [268:22] [109:21] [111:1] [112:12] [250:10] [266:13] [267:3] [131:22] [148:13] simple [6:21] [117:19] [218:14] [234:3] [269:10,14] segments [270:5] simply [11:2] [24:1] [54:15] soils [29:3] [31:16] [234:16] says [162:6,23] [168:10,15,19]selection [226:20] [227:2] [58:10] [75:15] [92:6] solar [17:11] [170:6] [182:2] [202:6] sell [15:8] [130:23] [137:10] [143:15] sold [19:20] roorv.4i wr/>.4M |09. I] [4.DO. IUJ I Ij seminar [42:10] [228:19] [231:22] [238:12] soiid [57:1,5] [105:12] [265:1] [272:4,10] [273:13 sense [172:14] [269:12] [260:12] [270:4] [176:6] [182:2] [201:9] ,17] sent [98:2] simulation [261:10] [214:16] [218:5,7] [223:16] scaled [19:5] sentence [268:15] [269:18] simultaneously [119:7] soluble [210:4] scan [70:10,13] [71:9,19,22] separate [7:1] [25:21,23] sir [8:22] [27:11] [39:6] solutia [11:12] [184:10] *72: IQ1 scheme [152:16] [156:2] [26:1] [62:8] series [93:7] [141:22] rIi\rJtCnJ-, dt^m7J m| 1c\Jo\J.--!I I j r\Co-Co-oC-*.-Inj sit [125:9,12] [149:10] solve [231:16] school [13:12,19] serious [38:11] [152:5] [240:21] somebody [53:18] [82:12] science [40:17] [162:9] [166:23] site [29:7] [31:3] [49:9] [89:23] [105:12] [125:15] sciences [96:7] serve [52:8] [58:19,22] [64:6] [75:1] [126:11,14] [133:22] [134: scientific 190:121 r267:41 served 1186:101 fl91:81 [78:23] [79:1,3,5,7] [109:22] 3.41 ri99:1111200:14] [269:7] service [2:] [49:6] [92:12] [120:2^ 17] [124:5,7,19,22] [220:23] [235:14] [244:10,11] scientist [90:6] set [2:] [61:1] [68:18] [150:4] [129:13] [159:23] [160:2] [245:15,17] scoop [104:18] [17] [168:18] [173:6] [191:16,17] someone [37:14] [130:12] scoot [275:1] setting [110:13] [192:2,11,12] [193:20] [143:6] [146:22] [147:9] scott [48:16] [207:11,16] settled [132:8] [205:5] [213:11] [219:9] [183:20] [260:15] scrap [19:23] [20:1] seven [9:10] [11:2] [17:15] [224:8] (231:7] [238:16] someplace [18:6] [110:14] screening [104:12,16,17] [90:5] [107:11] [252:5] [115:9] [126:12] [127:16] [199:7,16] [202:16,19] seventy [148:17] sites [44:15,20] [190:12] [224:18] [231:7] [203:10] [205:16] seventyfive [148:17] sitting [59:9] [252:11] [251:23] scrubbers [141:22] seventy-five [148:17] situation [36:15] [85:16] something [7:7] [27:19] scs [99:16] several [75:22] [261:19] [129:1] [166:13] [198:6] [34:1,11] [36:17] [37:20] sd [183:6] sewer [29:14] [31:13] [45:13 [199:22] [206:20] [244:13] [78:15] [107:12] [110:11] se [186:20] ,14] [250:4] [267:9] [271:7] [119:15] [148:23] [149:21] seal [:18] sewers [29:4,10,12,13,20] [273:18] [151:18] [153:12] [157:23] search [137:18] shade [195:6] situations [37:9] [158:6] [161:14,22] [165:21] secret [94:17] shaded [257:18] six [4:] [107:11,13] [258:16,18]' [171:3] [178:23] [188:18] section [106:14,16] [109:4,7 shaky [257:12] sixty [17:20] [189:6] [203:20] [217:23] ,9] [111:12] [135:18] [162:18] shall [5:16] size [204:10] [224:20,21,22] [229:2] [174:3,6] [179:19] [205:20] share [63:5] [92:2] [131:6] sketch [256:14] [230:18,19] [241:3,16] [272:16] shared [63:13] [69:8] sketched [256:9] [242:18] [244:2,15] [245:17] sections [105:2] [108:19] fi~. aKiu mjo#-.t1noij roQA -ici iv/j ro/ift-Qi roe-Ii-o'ii nco-irmwj 8/31/2004 9:05 AM A. 18 ADAD21-003695 HARTOLDMON0033651 4/21/1998 Brawn Jerry; Mars Hi!! 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[35:1] taffees [189:7] [86:15] [93:6] [99:15] statistically [110:2] subsequent [199:6] taken [2:] [5:5] [45:8,15] [121:5] [128:18] [147:1] status [14:23] [15:2] subsequently [196:8] [46:1,5] [47:7] [64:15] [166:1] [207:9] [212:1] stay [54:4] [89:14] [143:12] substance [37:5,16] [94:7] [69:7] [111:2] [124:9,20] [224:1,19] [250:3] [251:5] stayed [119:16] [217:21] [237:9] [242:19] [247:8] [139:16] [149:13] [195:9] [262:4] [255:20] substances [98:13] [223:23] [200:4] [250:21,23] [251:19] specifications [36:14] staying [43:11] [237:21] [273:12] [253:16] [270:10] [:2] specifics [161:16] steam [17:2] substitute [18:13,14] taking [5:14] [21:6] [31:12] specified [110:3] steel [57:1] [170:22] [180:17] successor [152:21] [140:16] [229:16] [246:9] specifying [97:20] [254:12] sued [10:3] talk [6:18] [85:8] [93:4] spectrum [231:14] [244:9] stenography [:7] sufficient [169:6] [106:4,8,10] [175:18] speculate [45:20] [253:13] step [102:10] suggested [128:1] [179:7] [204:21] [208:9,13 speculating [45:18] Stewart [3:5,] [4:] [6:8,9] suggestion [181:15] ,22] [221:16.20,23] [226:7] speculation [94:11] [229:21] [7:8] [60:2,6] [79:3] [91:1,4] suggests [226:21] talked [66:16] [75:10] [82:8] [243:3] [244:6] [253:11] [111:19] [116:1,5,19,23] suit [8:15,19] [80:15] [88:16] [106:12] [122:13] speculative [231:12] [235:18] .AA^o 44 A ci r404.ni 11 I I .O, I I , I U] 11 _ ,u . ro.i suite iz:j [129:4] [164:4] [170:13] spell [138:8] [226:5] 1255:1] [146:11,19] [149:3,15] sulfur [140:12] [141:9] [187:6] [191:10] [217:2] spill [36:17] [103:5] [199:19] [155:15] [160:22] [170:17] [176:16,18,22] [177:2,23] [222:18] [223:7] [225:23] spin [35:20] [181:21] [217:10] [237:13] [178:10] [234:5] [226:15] [243:8] [245:2] spinning [17:10] [247:20] [253:12] [274:23] summary [41:23] [270:19] [249:3] [262:21] [264:10] snoke 130181 117R-5] -r*"' i 'J i " ^J cfirlrinn w*"'r',"3 l `-.w.wj ni'io on oo II ltd IUCIII [* < I talking [15:4] [18:21] [25:21] 8/31/2004 9:05 AM A.19 ADAD21-003696 HARTOLDMON0033652 4/21/1998 Brown, Jerry; Mars Hi!! [27:6] [28:3] [29:20,23] [261:23] [266:11,20] [:4] thereabouts [107:9] [171:10] [63:9,16] [64:16] [65:19] [42:13,17] [46:9] [51:22] telling [28:4,8] [29:6] [61:17] thereto [5:21] [66:6] [67:11,16] [68:1] [60:3,19][67:17] [69:8] [63:4] [69:22] [115:6] therminol [16:11,17,19] [71:181 [73:16,231 [74:41 [85:10] [95:5] [102:5] [164:11] [190:4,6,8] [218:1] therminols [18:4] [75:19] [78:21] [80:11,14] [109:8] [115:15] [117:18,23] [239:6,8,23] [242:7] thing [7:17] [24:21] [25:16] [82:1,3] [83:7] [84:4,8,14,15] [118:2,5,7,9] [125:11,14] tells [7:13] [65:16] [73:11] [84:17] [85:1,2] [86:3] [89:15] [133:17] [134:1,2] [135:14] temperature [17:6,13,19] [119:13] [128:7] [132:14] [92:4,5,20] [95:19] [98:11] [141:10] [144:16] [148:5] temperatures [17:8] [154:21] [179:23] [182:19] [99:12,19,21] [100:4,11] [150:3] [151:13] [152:3] temporarily [224:6] [188:21] [195:11] [228:11] [101:6] [102:4] [112:21] [163:11] [164:5] [166:20,22] ten [14:19] [76:1] [96:17,19 [250:20] [267:6] [113:20] [119:5,8] [120:6,21 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9] [187-6] [189*14]' fl 91:2] talks [161:4,22] [162:1] test [71:4] [142:3] [215:12,17] [134:5,6] [138:23] [150:14] [199:13] [200:20] [201:4,6 [168:17] [169:5] tested [30:12] [45:3] [47:5] [164:9] [165:12] [172:1] ,12,15] [202:1] [204:23] target [112:15] [73:17] [104:19] [219:13] [175:9] [188:1] [193:8] [206:15] [207:6,17] [208:5 task [149:16] [150:4] [151:10] [264:121 [198:221 [199:91 [200:81 .171 f209:2.51 r210:171 [160:1] [161:5] [166:18] testified [6:5] [9:6] [11:23] [208:20] [213:4,5',6] [249:3] [212:12] [214:11] [215:18,22] [168:2] [170:1] [182:19] [12:2] [251:14] [253:19] [257:6] [216:7,14,23] [220:20] [185:16] [190:12,14] [217: testimony [55:20] [58:20] thinking [155:13] [221:10,11,21] [222:3] 19] [114:12] [118:11] [126:1] third [268:15] [223:2,17] [225:18] [226:1 tasked [170:2] [249:8] [ 5,11] thirty [11:17] [143:5] [148:16] ,7] [228:22] [229:11] [232:10] team [96:1] testing [29:7] [30:1,7] [43:22] [175:7,10] [181:7,11] [237:17,18] [238:4] [243:15 tear [28:2] [44:12] [47:1] [48:4,51 [227:16] [250:15] ,16,21,22] [246:10,11] technical [18:9] [41:16] [51:14] [53:4] [59:3,16,18] thirtyacre [250:15] [249:14] [255:10] [257:7] [49:5] [143:10] [210:14] [61:7] [62:9,12,15,22] thirty-acre [250:15] [258:13] [262:3,19] [265:8 technician [54:16] [65:11] [71:15,17,20] thirtyyear [227:16] ,17] [268:4] [270:1,10,23] rc4.4*7i ICUIIIIUdl 19 I 1 /J [72:14,19,23] [73:2,8.12,14] thirty-year [227:16] [273:4] [274:5,8] [275:1] technique [188:2] [74:5] [78:7] [79:18] [81:21] though [25:11] [156:2] times [14:12] [206:9] [215:9] technologies [43:13,14] [82:2] [84:22,23] [90:12] [242:20] [268:20] [217:12] [228:11] technology [33:14] [34:10,13] [93:19] [94:3] [96:11] thought [16:2] [60:2,6] tip [165:21] [37:10] [42:4] [43:9] [44:1] [97:12,17] [101:5,8] [104:20] [86:4] [94:6,12] [114:12] tissue [132:9,13,16] [47:14,16,23] [51:19] [117:23] [118:6] [119:5,9,22] M| I 4IVC-.-1I VCJl Ml I-IIO<*-.1I1j jMI OII .UQJI ie [52:1] [57:10] [68:15,21] [71:13] [122:17,18,19] [144:3,5] [145:5] toby [48:8] [49:2] [53:20] [100:11] [141:18,20] [211: [200:12] [215:2] [218:13,23] thousand [77:20] [107:8,16] today [11:12] [23:5,8] [30:21] 18] [229:1,7,12,22] [232:23] [219:9,15] [112:9] [115:1] [117:20] [55:21] [56:16] [59:10] [233:16] [249:15] tests [44:8,14,16] [60:21] [206:7] [61:15] [70:3] [100:13] teens [254:7] [61:191 r92:2.31 T104:181 thousands 1250:20.231 1110:211 ri 41:201 f143:23] tell [7:14] [8:12] [13:14] [118:12] [142:6] [250:13] three [4:] [18:22] [19:2] [148:7] [149:5] [154:7] [15:12] [16:19] [26:3] texas [9:11] [52:22] [101:1,2] [105:1,20] [163:7] [198:5] [220:19] [33:16,20] [37:14] [38:13] thank [240:7] [185:4] [191:20] [192:1] [232:23] [240:22] [249:20] [39:17] [40:10] [42:8,20] thats [9:19] [11:1,15] [13:23] [193:16] [194:22] [208:16] [268:13] [274:16] [45:7,9] [49:18] [57:12] [22:3] [28:22] [33:12] [220:3] [223:19] [252:22] todays [147:13] [70:8] [71:8,23] [75:16] [39:22] [41:12] [50:18] [260:19] together [95:20,21] [104:21] [76:10] [82:6] [86:14] [55:8] [58:16] [82:5,12] throughout [162:2] [149:17] [150:16] [182:19] [87:11,16] [90:15] [94:2] [88:7] [95:2,13] [96:22,23] tied [195:22] [196:20] [190:14] [103:21] [108:11] [110:22] [99:1,8] [109:14] [110:16] ties [121:11] [197:8,15] told [28:18] [33:20,23] [113:17] [114:10,14] [117: [113:4] [115:3] [147:4] [263:21] [34:12,18] [49:19] [61:18] 18] [119:18,21] [128:13] [164:15] [1 /5:22] [191:18] time [5:20] [6:17] [7:5] [74:17] [77:19] [84:21] [129:23] [131:17] [132:23] [192:14] [195:14] [196:1] [8:11] [11:13] [14:21] [92:20] [107:3] [108:7,12] [135:11,17] [136:4] [141:3] [199:4] [200:16] [213:15] [15:5] [20:8] [21:8] [24:6,7 [114:8,13,18,22] [130:8,16] [143:18] [144:19] [148:8] [220:11] [223:23] [224:11] ,16] [26:12] [27:14] [30:13,21] [138:17,20,22] [143:6] [156:13,15] [164:23] [170: [225:7] [226:3] [228:6] [32:16,21] [33:15,22] [145:18] [147:1,2] [166:2] 9] [176:4,9] [179:17] [181:1 [232:6,8] [247:11] [253:22] [34:10,12,14] [38:6] [43:18] [iro:i^, ioj [io/:/j [zio.^i ,6,13] [184:16] [189:11] [258:2] [259:18] [260:17] [44:5,7,18] [47:10] [48:8] ,9] [217:11] [254:15,17] [194:13] [208:21] [209:18] [266:2] [268:17] [49:2,18] [50:8,12,19] tom [97:13] [210:16] [216:2,6,10,21] themselves [115:18] [51:15] [52:23] [53:13,21] took [25:7] [27:13] [31:19] [217:4,6] [224:4] [225:23] theory [132:12] [55:10,13] [56:6] [59:17] [54:1] [62:17] [110:7] r934-931 T99R-im T9;9-R1 i-- ~ --~j i--w~- ienhi re-io ooi reo-o-n [VV. I I j [V I .C',..j j i e-'J. \J~r. i^ i i * . j M^ iOC -i1vC1j [ i *i171j 8/31/2004 9:05 AM A.20 ADAD21-003697 HARTOLDMON0033653 4/21/1998 Brown, Jerry: Mars Hill [157:4] [158:1] [159:3,4] trucks [31:5] understand [6:14,21] [7:3] [173:6] [174:21] [175:11] [167:23] [195:10] [220:9] true [110:17] [129:3] [267:3] [30:19] [55:20] [61:16] [247:1] [225:5] [246:4] [247:14] [:9] top [32:13,18] [33:10] [144: truth [:4] [68:17] [84:7] [86:10] usual [7:8] [90:8] [100:12] [112:1,19] usually [88:4] 17] [145:9] [171.12,13,14] try [6:20] [7:21] [15:10] [116:5] [117:16,17] [119:17] [234:20] [252:11] [149:8] [193:6] [131:15] [132:8,20] [147:17] V tore [58:3] trying [20:21] [22:6] [47:21] [153:15] [156:6] [159:20] torn [19:15] [55:12] [57:22] [70:9] [119:18,21] [120:1] [166:4,13] [167:3,7] [169:5] vaguely [149:19] [260:11] rcn-ici min-4 c i-n [W. I WJ l I I Ij 1 j1 i j t .f [171:20] [178:22] [195:12] vaiiey [46:18] [113:11] tort [8:7] [249:23] [253:12] [257:1] [203:15] [205:7,9] [206:1] [129:7] [133:6] [139:19] tosca [88:21] [98:21] [223:22] [259:1,21] [220:12,13] [240:1,2] [232:13] [224:20] [237:21] [240:6,17] tucker [48:15,16] [241:14] [252:18] [254:3,91 value [19:22] [252:8] [274:10] tull [199:2,19] [202:23] [257:14] [266:15] various [131:2] [259:22] totallv fl8:171 f37:6] [242:3] f2Q3:7,8,111 r204:14' tour [262:5] " [205:12H207-4! 13,23] UIIUCI ^7iai IVIIIIVJ [V/U. I Ij [81:19] [86:20] [114:7] ,iAALr rcn ooi V09IV vegetation [140:13] toward [200:10] [235:21] [209:22] [271:3] [115:19] [131:17] [135:18] versus [2:] town [46:17] [113:11] [129: turned [242:20] [136:17] [137:17] [153:6] vicinity [139:21] [207:22] 7] [133:5] [139:18] [232:13] twelve [181:9] [267:21] [164:3] [171:1] [173:7] viewed [226:16] toxic [8:7] [88:19] [98:131 twentv [17:201 T143:51 1181:101 fl 88:41 M 94:41 violate [243:12] [127:2] [223:23] [242:18] [148:16] [174:1,9] [175:5] [216:16] [227:14] [242:17] violating [240:9] [273:11] twentyfive [143:5] [148:16] [251:4] [256:17] [264:9] violation [237:1,8] [238:7,10] toxicity [38:2,3] [127:3] twenty-five [143:5] [148:16] [272:18] [239:14] trace [234:5] twothirds [15:17] [19:14] understood [86:8] [97:6] violations [240:17] track [31:14] [109:17] two-thirds [15:17] [19:14] [164:13] [171:4] [172:11] visual [218:12] tract [250:16] type [12:12] [23:18] [31:9] [272:19] visualize [31:12] trade [16:21] [42:11] [52:15] [58:6] underway [22:8] [145:15] voiles [23:14,17] traded [257:4,15,23] [91:4] [129:8] [154:22] [146:2] [235:6] [242:12] v-o-i-l-e-s [23:17] trailers [128:23] [129:8] [177:20] [178:1] [186:16,17] unfair [148:21] voss [183:11] trained [157:12,15] types [42:14,16] uniforms [123:20] voyles [23:16] training [34:4] [41:8,10,19] typicaiiy i13:10j [42:13] unique [126:18] v-o-y-l-e-s [23:16] transcribed [:8] [72:9] [107:8] [124:23] unit [25:23] [26:1] [52:19] transcript [: 10] [145:22] [150:2] [215:8] [118:20] W transcription [:9] units [57:6] [176:7] transfer [16:11] [17:9,22] U universities [42:12] wait [7:19,21] [94:9] [115:21] MI fVt-.o. , 'VlSlJ na-. i1 fVl/ij r^oVn/Oi-.iQI U| -iIov/ij ____.______!i_. f Ar\.A ~7 4 01 university ihu. i /, ioj f*%/>/>..4 A A Cl 1^00. IH, IOJ [204:3,4] u.s [88:18] unlikely [73:20] waived [5:11,23] transferred [25:18] [256:5,15] uh [22:15] [43:17] [45:6,12] unloading [128:3] walk [218:12] transformer [203:20] [85:11] [89:1] [124:8] unprofitable [15:14] walkaround [218:12] transformers [127:17] [130:7] [136:1] [144:18] until [7:19,21] [57:21] [66:17] walk-around [218:12] transition f25:101 T26:14 15 [154:4] [159:16,18] [169:4] ,17] [27:10] [151:12] [158:12] [181:12] [183:16,19] [194: M 12:221 fi42:13] [171:5] [182:20^21] fl83:7l,9,i7]J uusije M 12:2] walnut [2:] [169:10] [187:12] 8] [198:10,16] [204:11] [186:20] [208:15] [215:6] want [7:1] [61:16] [63:20] transmission [39:19] [215:11] [264:14] [229:22] [255:21] [73:1] [78:12] [93:13] transmissions [38:21] uhhuh [22:15] [43:17] [45:6 upgrading [160:4] [161:14] [114:20] [116:10] [117:15] transmitted [131:22] ,12] [85:11] [89:11 [124:81 upper [109:4,7] 1121:71 [125:91 f131:11 transpired [138:20] [130:7] [136:1] [144:18] upstream [204:14] [210:7] [146:16,20] [149:1,4] transport [31:2] [154:4] [159:16,18] [169:4] uptake [132:19] [141:1] [161:22] [163:19] [165:1] transported [143:17] [181:12] [183:16,19] [194: us [41:21] [69:10] [77:19] [166:7] [189:2] [195:5] trash [179:13] 8] [198:10,16] [204:11] [93:9,19] [96:2] [98:8] [211:13] [214:22] [235:20] traveling [98:22] [215:11] [264:14] [104:13] [105:22] [146:12] [240:1] [247:18] [248:2] treat [128:15] uh-huh [22:15] [43:17] [176:4,9] [181:1] [195:2] [258:7,14,15] [260:1] treated [171:7] [228:2] [45:6,12] [85:11] [89:1] [225:22] [245:3] [270:15] [261:15] treatment [36:7,20,23] [124:8] [130:7] [136:1] [275:3] wanted [233:11] [220:2] [228:1] [144:18] [154:4] [159:16,18] usd [66:15] wants [237:7] tremendous [141:7] [169:4] [181:12] [183:16,19] use [17:4] [31:2] [37:3] war [212:20] tremenuuusiy [194:8] [198:10,16] [204:11] 43:18] [101:16] [128:2] warden [106:9,10] [107:3] trial [5:20] [215:11] [264:14] [147:18] [203:23] [204:5] [122:9,13] tributary [106:15,17] [107:18 ultimate [247:5] [238:15] warning [127:13] [128:11] ,21] [196:4,8] [260:20,23] ultimately [24:8] [113:9] used [16:23] [17:13,19] [133:1,4,9] [137:12] [262:10] [263:15,17,21] [153:9] [156:4] [157:2] [19:20] [33:21] [43:16] warnings [133:14] [134:9] r^O^vRs~Ar-.Rvj, 1i -1I 1 1i Cvlj reRR-.Ocrjl <H 191 MOC.41 [ iuD. i, i i, i^j [ i ou. i j [91:12,15] [114:6] [127:14] wasnea too.oj [270:8,12] unclear [72:8] [142:3] [147:14] [177:19] Washington [74:21] trigger [259:7] underground [29:4,10,12] [188:3,7] [189:1] [196:16] wasnt [57:20] [58:9] [60:9] trillion [233:1] [31:13] [203:17] [204:3] [248:18] [83:13] [88:9] [101:14,19] trouble [7:18] [162:22] underneath [29:3] [178:9] truck [31:8] [32:6] [136:21] [234:3] [254:4] [267:14] neinn Hl-911 M OR O 11 L ,w"-wj i<--.-,wj [119:10] [125:19] [126:18] HL 1Q-071 tM.Rw-1. 00-J1i LM. R7-.1RW1J 8/31/2004 9:05 AM A.21 ADAD21-003698 HARTOLDMON0033654 4/21/1998 Brown, Jerry; Mars Hill [168:1] [207:10] [209:6] [126:23] [127:19] [132:1,5] [188:6] [259:20] [216:13] [217:16] [221:14] [133:13] [135:6,16] [136:17] whole [24:10] [29:5] [248:20] workplace [141:13,16] [247:6] [252:10,16,17] [271:11] [138:17] [140:10,19] [141: [250:20,211 f:101 world [148:18] [233:19] 11] [142:7] [144:13,23] whom [26:20] [136:5] [137: worldwide [227:9] waste [20:13] [31:2] [35:13,18] [145:20] [146:14] [148:1] 13] worried [103:10] [36:7,9,20,23] [37:13] [149:3] [154:6,7,9] [155:1] whose [10:2] [82:14] [128:5] wouldnt [38:7] [63:2] [110:18] [54:20] [56:3,4] [57:5] [160:4,11] [161:13] [162:22] [2] [122:4] [126:15] [204:16] [74:23] [75:7,9,12] [77:8,10] [163:6] [167:14] [171:9] why [10:7] [28:14] [37:7] [205:1] [210:1,6] [230:2] [79:1,3,5,7] [105:13] [110: [172:8] [173:4] [177:9] [91:19] [92:17] [94:6] [232:9] [238:8] [241:1,18,21] 21] [113:14,15] [159:22] [179:12] [180:1,2] [181:5] [102:12] [112:18] [134:19] [273:23] [165:4] [170:22] [172:7] [187:7] [188:1,8] [190:11] [147:22] [233:9,11] [234:7] wright [48:7] [138:23] [151: [175:23] [176:2,6] [178:1] [197:2,4] [204:18] [205:21] [251:21] [252:13] 6] [182:2] [186:17] [187:11 ] [208:7,13] [209:13] [211:201 wide [250:15] write [253:5] [201:9] [214:16] [218:5,7] [212:4] [215:7] [216:12] wiikerson [260:7] [265:11,23] writing [106:21] [:6j [220:1] [223:16] [225:12,14 [217:13] [218:11] [219:15] [266:11,16] written [97:20] [138:12,14] ,15,20] [226:13] [227:11] [220:20] [221:3] [222:20] will [7:5,17,19] [117:2,4] wrong [114:20] [167:16] [228:1] [230:7,12] [255:10] [224:15] [225:19] [226:12] [148:22] [149:10] [161:8,9 [243:7] wastes [166:6] [172:6] [227:4] [228:14] [232:1,17] ,21] [172:23] [187:10] [176:14] [177:21] [224:16] watched [34:8] f233:9,18T r234:211 r239:101 [192:19] [240:18] [258:20] [248:10] [249:2j [251:2^2]^ [261:14] [269:1] water [17:2] [29:18] [37:13] [252:18] [262:20] [267:15] william [221:2] yall [15:5] [18:11,12] [26:4] [38:5] [43:19] [44:13,21] [268:14] [269:1] [274:14,21] Williford [50:14,15] [27:12] [28:1,18] [29:6,10] [45:8] [47:4,11] [49:21] wells [162:23] [163:1] wise [16:5] [30:10] [32:11] [43:5] [50:2,12,17] [54:201 [55:71 went T8:17.191 [26:141 withdraw T57:151 M 27:121 [50:2,7,20] [58:17] [59:2,3] [59:13] [60:14] [68:9,22] [27:4] [29:1] [36:19] [46:19 [215:2] ` [67:12] [73:5,22] [74:11,19] [72:1] [73:2,3,8,17,22] ,23] [47:4] [51:2] [54:8] within [16:16] [19:21] [38:6] [78:13,15] [82:2] [90:17,20] [74:3,7] [78:5,16] [79:21] [88:6] [97:6] [112:3] [113:8] [67:10] [91:17] [181:4,5,7] [91:6] [92:7] [93:1,16,22] [94:18] [100:16] [105:11] [123:6,14] [127:16] [135:16] [214:7] [222:16] [257:18] [95:14] [96:22] [98:22] [113:7] [115:3,4,13] [118:8 [136:2] [168:7] [179:5] without [28:3] [87:3] [195:20] [100:7,13,14] [102:5] ,9,19,21] [119:1,3,23] [183:3] [186:17] [196:18] witness [4:] [5:11] [96:20] [108:5] [110:15,23] [111:4 [120:2,9] [152:5] [160:13,14] [209:8] [214:8] [265:3] [172:21] [173:1] [177:6] ,7] [112:2,4,20] [113:2,17] [162:1,3,9] [166:21,23] werent [53:10] [73:5,12,22] [193:10] [195:8] [236:3] [114:9,22] [119:22,23] [184:17] [185:2,18,23] [74:13] [102:9] [106:1] [259:14] [266:18] [:1,11,17] [121:19] [122:11] [123:5,6] [193:19,23] [194:6,7,15] [111:11] [117:18] [122:23] witnesses [:7] [125:14,16] [126:19] [127: [198:11 ] [201:8j [208:12] [126:rj [129:15] [167:16] wont [73:7] [116:15] [191:7] 5,13,23] [133:9] [138:12] [209:14,15] [210:4] [211:21] [190:4,13] [207:17] [209:18] [253:13] [142:6] [144:5] [147:9] [212:4,6] [213:7,19] [214:10] [217:18] [239:20] [241:5] wooded [235:2,22] [167:16] [173:5] [175:11] [215:7,8,14] [224:3] [230:16] west [56:11] [77:23] [128:21] woods [135:19] [185:6] [188:13,14] [189:17] [261:22] [129:12,20] [133:7] [139:19] word [244:8] [190:1,11,23] [200:6] i,,otcnn ron -i ai 1-0401 L"-^ '-'I M AC\ Ol '.j MC4-C1 IIVT.UJ Ml I*!70-4 Cl _______l_ no.4 4 01 f7Q.<l01 WUIU5 |CO. I, lOJ [/U. I^j rofH .4 4i ron.rf.oi nnc.>i 401 [4U i. i tj [twt.u] ioj watsons [21:2] [253:21] [156:18] [260:11] [266:5] [206:3] [209:17,18] [213:1] ways [267:5] western [56:15] [77:21] [272:8] [216:2,3,22] [218:21] wear [123:8,13,17,21] [162:18,20] [163:1,3,7,12,14 work [11:18] [22:14,21] [219:9] [220:6,9] [222:12] [124:10] ,22] [164:5,8] [171:1,6,21] [23:23] [40:7] [41:4] [51:2,6 [224:4] [225:10,23] [226:7 well f13:10iri6:10.211 [18:9,15] [19:22] [20:15] westinghouse [128:2] whatever [17:1] [104:8] ,18] [52:18] [53:12] [63:5] [65:9] [72:11] [79:16] ' 8~ 1' --5jirt?---?---8-------2---1--jir2i--3----2------1-- . 3--1. [233:12] [235:10] [241:4,20] [21:3] [23:4] [24:22] [25:9] [117:9,12] [127:18] [163:19] [80:7] [96:4] [123:9,22] [244:16] [245:8] [247:3,6] [26:7] [27:14] [28:8] [31:12] [166:6] [174:18] [189:10] [124:4] [147:20] [155:2] [250:17] [266:11] [267:10,12] [32:4,14] [34:23] [35:16] [226:18] [273:22] [175:3] [199:14] [212:6] [268:3,5,8,20,23] [269:19] [36:23] [37:10,23] [38:17] whats [12:8] [174:11] [233:131 [234:71 [243:14,16 [270:11 r271:5U273:7,201 [40:10] [41:5,12] [42:2,22] whatsoever [87:5,8] [242:10 ,17] [255:9,18] [275:2j [43:8] [44:17] [46:11,19] ,16] worked [11:16] [22:4] [23:12] yalls [145:2] [243:22] [272:19] [47:13] [48:6] [49:12,22] wheeler [88:5,16] [130:8] [27:7] [78:15] [81:23] yards [29:5] [273:22] [52:10,18] [54:8] [55:19] whenever [208:11] [87:2,5] [90:1] [124:11] yeah [36:4] [53:20] [67:5] [56:4] [57:9,14,18] [58:11,13]whereof [: 17] [126:14] [151:7] [158:2] [85:10] [93:18] [99:1] [63:10] [64:21] [65:12] whether [45:21] [55:6] [159:3] [186:10] [189:14] [131:41 155:12,15] [171:15] [67:2,20] [69:23] [70:8] [62:15] [68:11] [88:17] [205:4] [206:11] [212:9] [182:14] [198:4] [264:19] [71:10,19] [75:16] [76:11,12] [89:4] [99:22] [121:20] [241:7] [268:17] [78:19] [79:10] [81:13] [129:11,18,23] [135:7] worker [124:11] year [61:13] [91:17] [102:7] [83:8] [84:15] [85:1,15] [136:13] [139:9] [144:2] workers [123:16] [125:2,17] [215:9] [252:21] [87:1] [89:12] [91:9,21] [153:16] [156:14] [165:22] working [15:9] [20:16] years [8:11] [9:10,11] [11:2 [92:11] [94:8,14,17,19] [174:14,18] [203:4] [226:17] [21:13] [23:6] [44:17] ,17] [14:19] [57:10] [64:7] [95:19] [96:2] [98:12] [227:5] [240:14] [250:18] [51:12,19] [52:14] [79:11] [75:22] [76:19] [86:12] [101:22] [103:3,22] [104:5] [255:16] [88:5] [90:1] [151:2,10] [87:3] [90:2,3] [118:21] [105:20] [113:6,17] [121:7] white [3:] [184:9] [201:7,14] [207:15] [127:21] [143:5] [159:15,17] Ml I 04.00.*C0J1J Ml Orf-O 41CU1J lMIOC-Q1 ______ r 4 CO . 4 Ol r-4 C*. A Ol wnucvei loj [luo. ioj ro^e.noi n-n.-ic 4 ni 1C I0.41J j/L 10.^0] 1 / . IO, IOJ r400.4A1 fri4 4.ni r0 4 0.4 41 [ too. I OJ \- I I .9j \.. inj 8/31/2004 9:05 AM A.22 ADAD21-003699 HARTOLDMON0033655 4/21/1998 Brown, Jerry; Mars Hi!! [213:5] [214:19] [221:5] [234:14] [236:9] [243:5] [251:16] [252:22] [255:20] yes [7:10] [8:3,9] [9:4,22] [10:111 [12:23] [13:4] 115:3] [18:5] [19:14] [20:7] [21:1,6,11,14] [22:15,19] 123:2,7] [24:13] [26:2] [27:9] [29:i 1] [3u:5,9,11,17] [32:22] [33:2,14] [34:7,19] [36:12.19] [37:6] [38:23] [39:6] [41:14,20] [42:19] [43:14,17] [44:5,10] [45:6,12] [46:3] [48:2,13,17] [50:3,6] [51:5,9,23] [53:5] [54:2] [55:15] [56:7,17,22] [57:4] [58:2,4] [62:13] [63:3] [65:23] [66:7,12] [68:3,10] 169:161 T70:15] [72:13,18,21] [73:4,19] [74:2] [80:121 [83:12,16] [86:9] [89:1,21] [91:1,5] [95:13] [96:10,13] [99:11,14] [100:11,19] [101:311102:3,10,15] [103:8] [105:5] [106:7,17,20] [107:2,20] [108:23] [110:21] [111:8,19] [112:7] [113:12] [115:3,4] [118:4] [120:9,14 ,19] [121:16] [123:2,4] [124:8,21] [129:2,5,10,17,22] [130:7] [131:8,16] [136:1,3] [139:15] [143:9] [144:8,18] [150:23] [151:4,9,201 [152:22] [153:5,11,22] [154:5,8] [156:7,11] [159:16 ,18] [164:22] [167:5,12] 1169:4,12] [173:10] [175:17] [176:8,23] [177:4] [178:18] [179:9,23] [180:23] [181:12 21] [183:16,19] [184:4,21] '[185:14] [191:3] [193:22] [194:8,12] [196:10] [197:17] [198:10,16] [201:7,13] [202:13,22] [203:3] [204:11 201 f205:171 [206:8,13] [210:9,15] [212:8,23] [214:21] [215:11] [217:10] [222:1] [224:9] [234:21] [236:20,22] [237:4] [239:16] [241:2,6,19] [243:19] [246:6,12,16] [247:4] [248:131 [251:18] [253:4] [254:211 [255:5,7] [256:3] [257:20] [262:14] [263:6,19] [264:14,16] [265:13,16] youd [188:21] youknowwhat [149:10] you-know-what [149:10] young [207:10] youre [150:14] [193:17] yourseif [43:22j [160:3] [243:23] youve [79:15] 8/31/2004 9:05 AM A. 23 ADAD21-003700 HARTOLDMONOQ33656