Document rBvO80ar5dv8vQX42Maz34Eqe

Depo of: WILLIAM B. PAPAGEORGE Monsanto v Aetna February 10, 1993 CR: 54388.0 Page 674 to Page 879 ACE-FEDERAL REPORTERS, INC. 202-347-3700 CONDENSED TRANSCRIPT & CONCORDANCE PREPARED BY: ACE-FEDERAL REPORTERS, INC. 1120 G STREET, NW SUITE 500 WASHINGTON, DC 20005 Phone: 202-347-3700 FAX: 202-737-3638 WATER PCB-SD0000063791 BSA______________________________ Depo of: WILLIAM B. PAPAGEORGE Monsanto v Aetna February 10, 1993 CR: 54388.0 XMAX(l) Page 674 [1] IN THE SUPERIOR COURT OF THE STATE OF DELAWARE [2] IN AND FOR NEW CASTLE COUNTY PI [4] MONSANTO COMPANY, ) PI ) [61 Plaintiff, ) [71 ) -- [8[ vs. ) C.A. No. 88 CJA-118-1-CV PI ) [10] AETNA CASUALTY & SURETY ) [11] COMPANY, et al. ) P2] ) [13] Defendants. ) [141 [15] VOLUME V 116] [17] Continuation of the deposition of WILLIAM [18] B. PAPAGEORGE, taken on behalf of Defendant Travelers [19] Indemnity Company, at the Ritz Carlton Hotel, in the County [20] of St. Louis, State of Missouri, recommencing at 9:00 a.m. [21] on the 10th day of February, 1993, before J. Bryan Jordan, [22] certified shorthand reporter and notary public. Page 675 [1] APPEARANCES: 121 [3! FOR THE PLAINTIFF MONSANTO COMPANY AND THE WITNESS: [4] Mr. Steven Sarfatti [5] Schwalb, Donnenfeld, Bray & Silbert [6] A Professional Corporation [7] Suite 300 [8] 1025 Thomas Jefferson Street, N.W. [9] Washington, D.C. 20006 [10] (202) 965-7910 PH [12] FOR THE DEFENDANT INTERNATIONAL (EIL) [13] Mr. James A. Hughes [14] Orrick, Herrington, & Sutcliffe [15] Old Federal Reserve Bank Building. [16] 400 Sansome Street [17] San Francisco, California 94111 [18] (415) 773-5529 [19] FAX (415) 772-5759 [20] [21] [22[ Page 676 (11 FOR THE DEFENDANT TRAVELERS INSURANCE COMPANY: ]2] Mr. Broderick D. Johnson [3] Wiley, Rein & Fielding [4] 1776 K Street, N.W. [5] Washington, D.C. 20006 [6] (202) 828-3163 [7] FAX (202) 429-7049 PI [9] FOR THE DEFENDANT North Star Reinsurance Corporation: [10] Mr. Robert M. Omrod [11] Skadden, Arps, Meagher & Flom [12] P. O. Box 636 [13] One Rodney Square [14] Wilmington, Delaware 19899 [151 [161 [17] [18] [19] [201 PIl [221 Page 677 [11 INDEX P] PAGE [3] EXAMINATION BY MR. HUGHES (Corn'd) 679 [4] EXAMINATION BY MR. OMROD 787 [5] EXAMINATION BY MR. JOHNSON 837 [6] [7] [8/ EXHiBrrs PI [10] Papageorge Deposition Exhibit 49 ............... ... 689 [111 Papageorge Deposition Exhibit 50................ ... 693 [121 Papageorge Deposition Exhibit 51 ............... ... 700 [13] Papageorge Deposition Exhibit 52 ............... ... 701 [14] Papageorge Deposition Exhibit 53 ............... ... 703 [151 Papageorge Deposition Exhibit 54 ............... ... 711 [16] Papageorge Deposition Exhibit 55 ................ ... 713 [17] Papageorge Deposition Exhibit 56 ................ ... 715 [18] Papageorge Deposition Exhibit 57 ................ ... 741 [19] Papageorge Deposition Exhibit 58 ................ ... 744 poi Papageorge Deposition Exhibit 59 ................ ... 747 PI] Papageorge Deposition Exhibit 60 ................ ... 753 P2] Papageorge Deposition Exhibit 61 ................ ... 760 Page 678 [11 Papageorge Deposition Exhibit 62 ................ ... 765 PJ Papageorge Deposition Exhibit 63 ................ ... 776 PI Papageorge Deposition Exhibit 64 ................ ... 779 [41 Papageorge Deposition Exhibit 65 ................ ... 783 PI Papageorge Deposition Exhibit 66 ................ ... 785 [61 Papageorge Deposition Exhibit 67............... .... 803 m Papageorge Deposition Exhibit 68 ................ ... 810 PI Papageorge Deposition Exhibit 69 ................ ... 833 PI Papageorge Deposition Exhibit 70 ................ ... 837 [101 Papageorge Deposition Exhibit 71 ................ ... 841' [111 Papageorge Deposition Exhibit 72................ ... 844 [121 Papageorge Deposition Exhibit 73 ................ ... 848 [13] Papageorge Deposition Exhibit 74 ................ ... 853 [14] Papageorge Deposition Exhibit 75 ................ ... 858 [151 Papageorge Deposition Exhibit 76 ............... ... 866 [16] [17] [18] [19] P0] PU P2] Page 679 [11 FEBRUARY 10, 1993 PI MR. HUGHES: Back on the record. PI EXAMINATION (Continued) [41 BY MR. HUGHES: PI Q. Good morning, Mr. Papageorge. [6] A. Good morning. m Q. You understand you are still under oath? PI A. I do. PI Q. Mr. Papageorge, yesterday we talked, we touched [10] on severed occasions on environmental policy staff meetings. HU A. Yes. [121 Q. Were environmental policy staff meetings [151 scheduled on any periodic basis? [141 A. They were held fairly regularly. I don't recall [151 that a specific day of the month was set aside, such as the [161 second Thursday or the first Monday. It wasn't that type of [17] schedule, but there was a serious attempt made to hold at [18] least one meeting a month. [19] Q. And I take it you attempted to attend those pot meetings when you could? PU A. Yes. P2] Q. Okay. Did the members of your staff attend those Page 680 [1] meetings when they could? P] A. They would attend if I invited them to join me, PI or in my behalf. [41 Q. AU right. PI A. They were not regular attendees. [61 Q. Perfect. That's what I was getting at. And am 1 [7] correct dust the otiier DEO's were regular attendees at PI environmental policy staff meetings? PI A. They were regular invitees. [101 Q. But you were a regular attendee; is dust right? [111 A. Well, no, invitee, and I would attend whenever I [121 was in the, in the area. [12] Q. And 1 think you indicated dust people from die [14] Risk Management Department would also attempt to attend [15] these environmental policy staff meetings? [161 A. Not on a regular basis. [171 Q. Can you give us an idea of under what [181 circumstances, if there was any pattern other than random. [19/ dutt people from die Risk Management Department would attend P0] environmental policy staff meetings? ACE-FEDERAL REPORTERS, INC. 202-347-3700 Page 674 to Page 680 WATER PCB-SD0000063792 BSA Depo gfi WILLIAM B. PAPAGEORGE Monsanto v Aetna February 10, 1993 CR54388.0 XMAX(2) [211 A. I don't know under what condition* they were [22J invited. All 1 do know is that they did not show up Page 681 [II regularly. Two times a year or some such frequency. [21 Q. That's fair enough. Was there a particular [3[ person from the Risk Management Department who ordinarily [4] was the individual who attendedf [5[ A. They changed through the years. Initially it was [6] Mr. Chapman, and then I recall Miss Grimm showing up [7[ occasionally, and Mr. Toth. There was no regularly-assigned [8/ individual, as I recall. [9] Q. Do you recall anyone from the Risk Management [10] Department other than Mr. Chapman and Mr. Toth and Ms. [11] Grimm, attending environmental policy staff meetings? [12] A. I don't know anyone else in that group, so I [13] don't remember any other person there. [14] Q. Fair enough. Can you tell me whether, on those [15] occasions that people from the Risk Management Department [16] attended environmental policy staff meetings, there were [17] scheduled discussions ofpotential liabilities? [18] MR. SARFATTI: Objection; vague. [19] A. Oh, I don't, I don't recall a specific subject [20] that 1 associate with their presence. [211 BY MR. HUGHES: [22]Q. Let me back up. At the environmental policy Page 682 [1] staff meetings, were there discussions concerning [2] environmental litigation in which Monsanto was involved? I [3] mean from time to time, would somebody give a report on the [4] status of the litigation? [5] A. On a rare occasion. [6] Q. You do recall that happening? [7] A. 1 remember the attorney in the room making some [8] comments about activity be was involved with. Again, I [9] don't recall specific subjects but when it came bis turn as [10] they went around the table, he would offer some comments [11] occasionally and many times he would pass, "nothing new" [12] kind of response. [13] Q. Did somebody from the Legal Department regularly [14] attend environmental policy staff meetings? [15] A. There was a represmtative at most of the [16] meetings. I don't know if they made every meeting. [17] Q. And am 1 correct that on some occasions the [18] representative was Phocion Park? [19] A. Yes. [20] Q. What other individuals do you recall being a [21] representative at - of the Legal Department at [22! environmental policy staff meetings? Page 683 /// A. I've forgotten one man, one attorney's name. [2] There was a Peter Smith and a Brent Gdhansen, and there was [3] a third one, bis name escapes me at the moment. [4] Q. And am I correct from your prior answer that [5] although you remember from time to time an attorney speaking [6[ about litigation at these meetings, you don't remember what [7] litigations they were discussing? [8] A. No. I don't. [9] Q. How many people generally attended environmental [10] policy staff meetings? How big a group? [11] A. Gosh of course, it varied. It was a table about [12] this size, twice as wide, we had about, I would guess, I [13] would say fifteen people around the table and then there [14] were people sitting in the chairs back against the wall. It [15] would go from, say, fifteen to twenty-five people. And [16] sometimes it would be down to six because they were not in [17] town. [18] Q. At environmental policy staff meetings that you [19] attended, were there ever any discussions offacts that [20] people thought potentially could turn into litigation? [21] A. I don't remember any. [22] Q. Were there discussions at environmental policy Page 684 [1] staff meetings that you attended of sites at which people [2] had determined there was some environmental issue that [3] needed to be addressed? [4] A. Oh, certainly. Mm-famm. [5] Q. Was there, ui that vein, discussions of, for 16] example, the types ofsubstances that had been released at [7] particular sites? [8] MR. SARJFATTI: Objection; vague. [9] A. There were reports from individuals such as me, [10] regarding the activities associated with sites. Speaking [111 for myself, I would report on what I understood, for [12] example, a state agency might be alleging or claiming, I [13] would report what activity Monsanto was embarked on to [14] determine the validity of that allegation. Really, in my [15] situation and others spoke shnilariy, I was trying to bring [16] the group updo-date as to what we understood of each of [17] these sites as they became known to us. [18] BY MR. HUGHES: [19] Q. Were reports along the lines that you just [20] described that you gave given by representatives of other [21] operating companies? [22] ______ A. Certainly.______________________________________ Page 685 [1] Q. Did, from time to time did you ask members of [2] your staff to give reports on particular sites that had come [3] to your attention? [4] A. Do you mean did I ask them to join me at the [5] meeting and give a formal presentation? [6] Q. That's one example, yes. [7] A. I don't recall any, any report of that nature. [8] When they were attending the meeting because 1 was not able [9] to, and if new information was available, they would, of [10] course, share that with the group. [11] Q. I take itfrom your responses that the [12] environmental policy staff meetings were used at least in [13] part as a means of keeping those individuals interested in [14] environmental issues informed about what was going on in [15] other areas of the company. [16] A. That was a - one objective of having those [17] meetings, yes. [18] Q. That's something you used those meetings for when [19] you were giving your own reports? [20] A. Well, certainly. [21] Q. When you gave a report on a particular site, you [22] uuMcated, for example, you would describe airy agency_________ Page 686 [1] allegations that had been made? [21 A. Yes. [3] Q. Would you generally tell the people at the [4] meeting where the site was? [5] A. Oh, certainly. [6] Q. What plant it wasassociated with? [7] A. Yes. [8] Q. Give them a name of the site [9] A. Yes. [10] Q. - to the extent you knew one? [11] A. Yes. [12] Q. Would you also, you would also report, l take it, [13] on wiutt facts Monsanto, itself, had discovered in its own [14] mvestigadon of the allegations? [15] A. Any information we had, yes. [16] Q. Can you identify for us any sites concerning [17] which you did give a report at an environmental policy staff ]18] meeting? [19] A. The one I specifically recall was at Texas City [20] Wye, the site we referred to as the Texas City Wye. There [21] were, of course, others, but I just don't remember the [22] specifics.____________________________________________________ Page 687 [1] Q. Can you tell us when you gave a report at an [2] environmental policy staff meeting concerning the Texas City [3] Wye? [4] A. I don't recall a specific year and month, but 1 [5] started to share that information as soon as I became aware [6] of the situation, and that would have to be, oh, late '77, [7] early '78, and as new information developed, I would share j [8] it with the group up through 1983. [9] Q. During the period that you were the DEO of [10] Monsanto Chemical Intermediates, did you - were you a [11] member of any committees that addressed environmental [12] matters? And by that, I mean within Monsanto. Let me [13] rephrase the question so that it's clear on the record, at [14] least. During the time that you were the DEO of Monsanto [15] Chemical Intermediates, did you serve on any internal [16] Monsanto committees that were charged with addressing [17] environmental issues1 [18] A. I don't recall personally belonging or being [19] assigned to a group which called itself a committee on a Page 680 to Page 687 202-347-3700 ACE-FEDERAL REPORTERS, INC. WATER PCB-SD0000063793 SS/t Depo of: WILLIAM B. PAPAGEORGE Monsanto v Aetna February 10, 1993 CR; 54388.0 XMAX(i) [20] specific subject with a chairman- I do recall participating [21] with others in a common effort, and the one that I recall [22] quite clearly is the group that worked with Mr. Corey on the Page 688 [1] list of chemicals in response to the Toxic Substance Control [2] Act inventory. [3] Q. Okay. [4] A. I don't know if that was a committee or not. I [5] just don't, in my mind, I don't recall us referring to [6] ourselves as a committee. [7] Q. Well, if I expanded it to a working group with ]8]specified members to address an issue [9] A. Well, that's the one I recall, then. [10] Q. Let me ask a slightly different question.You've [11] indicated that your - you were a regular invitee andpretty [12] regular attendee of environmental policy staff meetings, is [13] that right? [14] A. That's right [15] Q. And you were - were you also a regular attendee [16] of the DEO meetings? [17] A. As regular as 1 could be, yes. [IS] Q. Were there any other regularty-scheduled meetings [19] of any group within Monsanto to - of people who addressed [20] environmental issues that you attended? [21] A. I don't recall any others. [22] Q. Mr. Papageorge, I'm now going to move back to Page 689 [1] some issues regarding environmental impairment liability ]2] insurance, and bear with me. I'm simply attemptmg to [3] refresh your recollection, and we'll see if I have any [4] success. Okay? [5] A. Very good. [6] Q. I understand 1 have failed to date, but I'm going [7] to keep trying for awhile. So bear with me. [8] (Papageorge DepositionExhibit 49 marked for [9] identification.) [10] BY MR. HUGHES: [11] Q. Papageorge Exhibit 49 is a memorandum dated [12] October 20, 1982, from M. F. Weishaar to G. L. lessee, with [13] production numbers MCO 6034100 to 106. And Mr. Papageorge, [14] 1 understand from other evidence in the case that that [15] memorandum of October 20, which is Papageorge Exhibit 49 is [16] a response to Mr. Keating's memo, which we marked at [17] Papageorge Exhibit 48. [18] (Witness peruses said document.) [19] A. I have quickly glanced and reviewed the document. [20] Q. Now, you note, Mr. Papageorge, that on the [21] document, at least, you are shown as a carbon copy, or [22] courtesy copy, whichever way you like to refer to that. Page 690 [1] A. I note that, yes. ]2] Q. And as we 've agreed in the past, in the ordinary [3] course, if a document is actually ptu in the mail with a [4] "cc " to you, you would receive it, correct? 15] A. Very likely, yes, sir. [6] Q. Have you seen this document before, Papageorge [7] Exhibit 49? [8] A. I don't recall it. [9] Q. Having reviewed the document, does tluu refresh [10] your memory at all about a process in late 1982 where [11] Monsanto was pulling together information to give to an [12] environmental risk assessment service? [13] A. 1 certainly recognize some of the items described [14] in this document, the sites, and the study programs, et [15] cetera. [16] Q. You are saying you recognize the information? [17] A. The information, correct. I, at this point in [18] time, have difficulty remembering the activity which [19] generated the need for this document. [20] Q. And when you say you are lutving difficulty, are [21] you saying right now, you just don't remember it? [22] A. I don't remember it. Page 691 [1] Q. So right now, it's more than difficulty, it's a [2] complete inability; is that right? [3] A. Well, that's why it's, I call it difficulty. [4] Q. Would it be. would it be fair to say that a [5] matter such as this, where Mr. Weishaar was pulling together [6] information to go to this risk assessment service, for the [7] purpose of acquiring insurance, is something in which you [8] would have been interested in 1982? [9] A. Weil, I would certainly be interested in the [10] information. [11] Q. You wanted - wouldn't you have wanted to make [12] sure that it was correct? [13] A. Certainly. [14] Q. Were there instances that you can recall where [15] Monsanto was compiling information about environmental [16] issues with which it was faced to provide to some outsider, [17] and by that l mean a newspaper, an agency, something cf that [18] tutture that was outside cf Monsanto? [19] A. I do not recall any to a newspaper at all. I do [20] recall that list of chemicals to the EPA for the Toxic [21] Substances Control Act, that kind of information. I just [22] don't remember any other activity of the type you describe. Page 692 [1] Q. Were you aware of any specified procedure that [2] Monsanto employees had to follow before releasing [3] information concerning environmental conditions within the [4] company to an outsider? [5] A. I don't recall any specified procedure. It was [6] left to the judgment of the individual preparing the [7] information and releasing it. [8] Q. Mr. Papageorge, going back to an exhibit we [9] marked yesterday, Exhibit 46, attached to the cover [10] memorandum is a memorandum from Georgene Grimm that we went [11] through, and what I wanted you to take a took at now is a, [12] another attachment, the last three pages of the exhibit, [13] which is a letter on Monsanto letterhead dated September [14] 16th, 1982, from Georgene Grimm, to Mr. Thomas Burger, [15] setting forth a confidentiality agreement that was then [16] signed on behalf of Harding Lawson Associates and returned [17] to Monsanto. [18] The question is whether you had any involvement [19] in reviewing confidentiality - well, first of all, that [20] confidentiality agreement, pursuant to which environmental [21] information was to be given to Harding Lawson Associates. [22] A. The involvement you are asking about had to do Page 693 [1] with the preparation of this agreement and - or - [2] Q. With preparation being broadly defined; not just [3] that you wrote it, because I'm not asking that, but were you [4] asked to review it, to comment upon it, anything of that [5] tuuure? [6] A. I was never involved in that kind of activity. [7] Q. Never in any respect that you can remember? [8] A. That's right. [9] Q. On Exhibit 49. there is some handwriting in the [10] upper right-hand comer of the first page. Is tluu your [11] handwriting? [12] A. No, it's not. [13] MR. HUGHES: We're donewith that one. [14] (Papageorge Deposition Exhibit 50 marked for [15] identification.) [16] MR. HUGHES: We've marked as Papageorge Exhibit [17] 49 a document, the first page is a cover letter dated [18] November 5, 1992, from Adam Ross to Kent Roberts. [19] MR. JOHNSON: I'm sorry, this is Number 50. [20] MR. HUGHES: You are right. That's number 50. [21] Thank you, Broderick. [22] _______MR. HUGHES: Production numbers 1NE 000795 to Page 694 [1] 803. [2] A. I have reviewed the document. [3] BY MR. HUGHES: [4] Q. Mr. Papageorge, during the time that you were [5] at - tluu you were DEO with Monsanto, at both the operating [6] companies for which you served in that position, were you [7] ever made aware of an etuity called Vtomas E. Sears, Inc. ? [8] A. No, not that I recall. [9] Q. Have you ever seen the cover letter on this [10] exhibit before today? [11] A. No, this is the first time I've seen it. [12] Q. And then attached to this cover letter. Mr. [13] Papageorge, l will represent to you is Monsanto's [14] application or proposal, is the way this document is termed, [15] for environmental impairment liability utsurance. Have you [16] ever seen that document before today? [17] A. I have not. j [18] Q. In or abotu the tune period from July of 1982 ACE-FEDERAL REPORTERS, INC. 202-347-3700 Page 687 to Page 694 WATER PCB-SD0000063794 BSA_________________________________ Depo of; WHUAM B. PAPAGEORGE Monsanto v Aetna February 10, 1993 CR; 54388.0 XMAX(4) [19] through November 5th, 1982, which is the date on the cover 120] letter, were you ever asked by anyone from the Risk [21] Management Department to review any information that was ]22] uuended to be put into an insurance application? Page 695 [1] A. Not that I recall. 12] Q. And let me broaden that. Atany time in your [3] career at Monsanto, do you - were you asked by the ]4] Insurance Department or Risk Management Department to review ]5] information that they intended to provide to an insurer in ]6] an application for insurance? [7] A. No. [S] Q. During the time thatyou were the Director of [9] Environmental Operations for Monsanto Chemical [10] buermediates, did Jean lessee ever ask you for information [11] for the purposes of completing an insurance application? [12] A. I don't recall that request from Mr. Jessee at [131 all. [14] Q. You told us yesterday that from time to time, Mr. [15] Chapman would come to you, or maybe he called you but in any [16] event, contact you to ask you essentially what was going on [17] in the PCB area of the company; correct? [18] A. I did say that, yes. [19] Q. And did you ever have a conversation along those [20] same lines with either Mr. Toth or Georgette Grimm? [21] MR. SARFATH: Object on the grounds of [22] vagueness. I'm not sure what you are asking to compare. Page 696 [I/ MR. HUGHES: Fair enough. Let me rephrase the /2/ question. [31 BY MR. HUGHES: [4] Q. And let me make it noncompound, too, while I'm at [5] it. Did you ever - did Mr. Toth and you ever have a [6] conversation in which you provided him information on the [7] status of the PCB in the environment situation at Monsanto? [8] A. No. [9] Q. Same question withrespect to Georgette Grimm. [10/ A. No. [11] Q. Andfinally,along these tines, in any of the [12] conversations that you had with Mr. Chapman where the [13] subject matter is the status of the PCB program in Monsanto, [14] did he indicate that he was interested in that information [15] for the purpose of conveying it to an insurance company? [16] A. Not to me, no. [17] Q. Okay, you assumed that was why he wanted it, [18] didn't you? [191 A. I assumed it had something to do with insurance. [201 That's it. [21] Q. Mr. Papageorge, if you would turn to the second [22] page of Exhibit 50. Page 697 [1] A. I have it. [2] Q. And there's a section 4 on this page, it's called [3] "record'' attd then there's A, B, C, D? ]4] A. 1 see that. [5] Q. Let me ask you, would you read the question that [6] is beside the letter ''B"? [7] (Witness peruses said document.) [8] A. I've read it. [9] Q. In November of 1982, ifyou had wanted to know [10! whether there were any third-party claims against Monsanto [11] as the result of operations at any of its locations where it [12] manttfactured chemicals, who would you Itave contacted? [13] A. Monsanto's attorneys. [14] Q. You are talking about the in-house corporate [15] attorneys? [16] A. Yes. [17] Q. And would there have been a specific individual [IS] you would have contacted? [19] A. I would have started with Mr. Park or any of his [20] staff, in his absence. [21] Q. Now, if you would go and read the question that [22] is beside the letter "C, * which, for the record is, quote, Page 698 [1] `At the time of signing this proposal, are you aware of any [2] environmental impairment arising from operation at the [3] location that may give rise to a clam in the future?" [4] (Witness peruses said document.) [5] A. I've read it. [6] Q. Ifyou had wanted to know whether there was any [7] environmental impairment that might give rise to a claim in [8] the future against Monsanto in or about November of 1982, [9] who would you have gone to? [10] A. Again, I'd go to a legal person. [11] Q. Mr. Park,again? [12] A. Yes. [13] Q. Or one of the other individuals in that area in [14] the Legal Department? [15] A. Correct. [16] Q. Did your DEO group maintain information that [17] would have permitted you to respond to the question that is [18] beside the letter "C"? [19] A. No, I don't have the proper training to take what [20] information would have been available to me and relate that [21] to a possible claim and the basis for such a claim, and so [22] on._________________________________________________________ Page 699 [1] Q. Let me see if l understand you. What you are [2] saying is, although you might have had facts, not being a [3] lawyer, you would not be able to evaluate whether that was [4] something that might give rise to a claim? [5] A. I would not be able to do that and be in a [6] position to property respond to that question. [7] Q. If you'll turn back to the first page of this 18] exhibit, Mr. Papageorge, and we all understand that you [9]didn't write this letter, you didn't receive it, you are [10] seeing it now for the first time. All right? All that is [11] accepted and it's assumed in my following question; okay? [12] You'll note that the letter states, "As agreed, it has been [13] signed by Bob Toth but only after full review and approval [14] from Monsanto's Environmental Law and Regulatory Compliance [15] groups,' end quote. Okay? [16] A. 1 see it. [17] Q. In November of 1982, did you have an [18] understanding of what the Environmental Law Group was within [19] Monsanto? [20] A. I had an understanding. [21] Q. And that's the group we discussed of Mr. Park, [22] Mr. Gilhausen, Mr. Smith, and one other that you can't________ Page 700 [1] remember? [2] A. That is correct. [3] Q. Did you have an understanding of what the [4] Regulatory Compliance Group was? [5] A. My understanding, I had one, yes. [6] Q. And who hot that? [7] A. That consisted of members of Mr. Throdahl's staff [8] who were assigned the various areas in which environmental 19] pollution could occur. [101 BY MR. HUGHES: [11] Q. Mr. Papageorge, did you ever obtain any [12] information about a meeting attended by Jean Jessee and [13] Georgette Grimm in Boston with a company that was performing [14] an environmental risk assessment of Monsanto for insurance [15] reasons? [16] A. No, I just don't recall that at all. [17] (Papageorge DepositionExhibit 51 marked for [18] identification.) [19] BY MR. HUGHES: [20] Q. We've marked as Papageorge Exhibit 51 a one-page [21] document dated February 4, 1983, from Gene L. Jessee to a [22] number of addressees and CC;'s, production number MCO Page 701 [1] 0426136. [2] (Witness peruses said document.) [3] A. I have [4] Q. Do you recognize this document, Mr. Papageorge? [5] A. I don't remember it. [6] Q. Does it refresh your memory at all about a [7] meeting that Mr. Jessee had in Boston with, as he put it, [8] representatives of insurance brokerage and underwriter [9] firms? [10] A. No, it doesn't. [11] MR. HUGHES: All right. [12] (Papageorge Deposition Exhibit 52 marked for [13] identification.) [14] (Witness peruses said document.) [15] BY MR. HUGHES: [16] Q. We've marked as Papageorge Exhibit 52 an exhibit, [17] a cover memorandum dated February 22, 1983, from Page 694 to Page 701 202-347-3700 ACE-FEDERAL REPORTERS, INC. WATER PCB-SD0000063795 BSA _____________________________Depo of: WITHAM B. PAPAGEORCE Monsanto v Aetna February 10. 1993 CR: 54388.0 XMAXI5) [18[ G. L Jessee to five addressees, including Mr. Papageorge, [191 then it lias as an attachment a document with a cover page [20/ "Report On Monsanto Corporation, February II, 1983," [21] production numbers MCO 0 - I'm sorry, let me do that again. [221 MCO 6033875 to 983: and Mr. Papageorge, I don't want to take Page 702 [11 up our time reading this entire lengthy document, which is [21 103 pages in total, but I wanted to show you the format and [31 the extent of the report, and again ask whether that 14] refreshes your memory at all that you received from Mr. [5] Jessee such an environmental risk assessment of Monsanto. [6] A. I don't ranember the docummt, itself. I do [71 remember the subject matter, in terms of which sites were [8] being looked at. I just do not have any recall that 19) associates the activity that I was familiar with with this [10] impairment liability insurance that we're talking about, [111 here. I just don't ranember that at aO. [12] Q. If I understand your answer, you are again saying [13/ that you are familiar with facts stated in the report. [14] MR. SARFATTI: Well, wait a second. He hasn't [15] read the record. [16] MR. HUGHES: That's fair enough. [17] MR. SARFATTI: If you want to give him enough [18] time, sufficient time to look at 103 page document - [19] MR. HUGHES: No, I think we have better ways of [20! spending our time. I would agree with that. PI] MR. SARFATTI: Okay. Don't premise the P21 question - Page 703 [l] MR. HUGHES: Withdraw that question. P] MR. SARFATTI: - with knowledge of the contents. [3] MR. HUGHES; Withdraw that question. [4] Why don't we not spend anymore time on that one. [5] (Papageorge Deposition Exhibit 53 marked for [6] identification.) [7] MR. HUGHES: We've had marked as Papageorge [8] Exhibit 53, a three-page document. It's dated April 12, [9] 1983, from W. B. Papageorge to L. J. BOEsh (Phonetic? [10] A. BAWsh (Phonetic). [11] Q. Bosch; thank you. Production numbers MCO 6263977 [12] to 979. [13] (Witness peruses said document.) [14] MR. HUGHES: Let me know when you've had a [15] sufficient chance to review that document, Mr. Papageorge. [16] (Witness peruses said document.) [17] A. I have reviewed the document. I cannot recall [181 it. [191 Q- dll right, am I right that that is your signature PO] at the bottom? pi] A. That's my signature, yes, sir. P2] Q. Okay, and Otis is a -- can we agree this is, Page 704 [11 whether or not you remember it, this does appear to be a Pi document tluit you prepared in the regular course of your [3] duties at Monsanto? [4] A. It appears to be so, yes. 15] Q. Who was Mr. - what vuiv Mr. Bosch's position as 161 of April 1983? [7] A. April '83. Mr. Bosch was the General Manager of [8/ Manufacturing for Monsanto Industrial Chemicals Company. [9] Q. Am l correct, then, that he mrs Monsanto [101 Industrial Chemicals' equivalent to Earl Brasfield during fill die period you were DEO at Monsanto Oiemical Intermediates? 112] A. You are correct. [13] Q. As you sit here today, can you tell us what led [14] you to prepare such a memorandum as we see in Papageorge [15] Exhibit 53 for Mr. Bosch? [16] A. I don't know what triggered this. [17] Q. You have reviewed die memorandum dial you [18] drafted? The first page? [19] A. You mean right now? PO] Q. Yes. pi] A. I've glanced at it, yes, sir, mm-hmm. [22[_______ Q. Okay. Does that refresh your memory at all about Page 705 [1] luxvmg some knowledge of an environmental impairment P] liability policy? [31 A. No, it doesn't. [4] Q. Now, you'll note, you noted, didn't you, Mr. 15] Papageorge, when you reviewed this document, that bottom I [6] line, you made a recommendation to Mr. Bosch for renewal of I [7] the policy? Correct? [8] A. Yes, I did. 15/ Q. You would not have made any recommendation to Mr. [10] Bosch ifyou didn't feel you had sufficient information to [11] come to a conclusion, would you? [12] MR. SARFATTI: I'm going to object on the grounds [13] of vagueness. It's somewhat speculative, based on the [14] testimony that's been elicited so far about his knowledge of [15] the situation. [16] MR. HUGHES: Let me rephrase, Mr. Papageorge. [17] BY MR. HUGHES: [18] Q. What I'm getting at is die kind erf businessman [19] dial you were at Monsanto, it was not your practice to make PO] recommendations unless you felt, yourself, that you had pi] sufficient knowledge and information to make that P2] recommendation?___________________________________________ Page 706 [1] A. Yes, to the point where I felt, I'm going to use P] the word "comfortable'' with that support or acceptance, and [3] so on. [4] Q. And would it also be accurate to say it was your [5] practice that if you did not feel sidpcientiy comfortable [6] with your own knowledge of a subject to give a [7] recommendation, you would tell people duu they should talk [8] to somebody else on this issue? [9] A. Well, that would certainly be one approach. The [10] other would - there are many approaches to either change [11] [12] [13] [14] [15] [16] the recommendation or for me to get more information, to ending up supporting it. Q. Fair enough, but die upshot of all duu is you wouldn't have made the recommendation without either acquiring sufficient information to be comfortable, or referring it to someone else, [17] A. I'D accept that. [18] Q. Now, in the last paragraph, you wrote, quote, 7 [19] believe the potential for liability claims are great enough P0] that the protection purchased outweighs the listed PI] exclusions and the cost. " End quote. P2]_______ Now, is itfair to conclude from that sentence___________ Page 707 [1] that at April 12, 1983, you had been aware of die cost of P] this insurance? [3] A. Well, I don't recall it,but Imust have been. [4] Q. You wouldn't havewrittensomething like that if [5] you didn't have any idea what die cost was? [6] A. That's the likelihood, yes. [77 Q. And it also - you also make a reference to the [8] listed exclusions in duu same sentence, so is it fair to [9] conclude duu at April 12, 1983, you had reviewed die [10] exclusions applicable to diis insurance policy? [11] [12] A. Yes, I had. Q. Can you tell us at April 12, 1983, what [13] uiformation you had concerning die potential for liability [14] claims duu is referenced in duu same sentence? [15] A. Well, I, I'd have to read some further documents [16] regarding the sites that are described, and the conditions [17] observed or reported to refresh my memory as to how I [18] related that information to a potential for claims. [191 Q. Now, let's go back tip to die first paragraph, Mr. P0] Papageorge. Have you read duu paragraph? pi] A. Yes, I have.* P2]_______ Q. And m die first sentence,you are suiting to Mr,______ Page 708 [1] Bosch, essentially a summary of die type of damages duu P] would be covered by this insurance policy; correct? [3] MR. SARFATTI: Objection: no foundation. [4] MR. HUGHES: Let me withdraw that question, Mr. [5] Papageorge. [6] BY MR. HUGHES: [7] Q. In this Papageorge Exhibit 53, you indicated to [8] Mr. Bosch duu Monsanto had purchased a policy, To cover [9] uijury and property damage resulting from our processes and j [10] wastes despite responsible management. " Is duu right? j [11] A. That's what it says, yes, sir. ! [17] Q. Can you tell us here, today, what the basis was : [13] for that statement duu you made to Mr. Bosch in Papageorge [14] Exhibit 53? : [15] A. I don't remember where I - what I based that on. j [16] Q. Having reviewed this document in which you do ACE-FEDERAL REPORTERS, INC. 202-347-3700 Page 701 u> Page 708 WATER PCB-SD0000063796 BSA Depo of: WILUAM B. PAPAGEORGE Monsanto v Aetna February 10, 1993 CR: 54388.0 XMAXI6) [17] make some statements concerning the policy, does is refresh [18/ your recollection as to whether you had any conversations or [19] attended any presentations by risk management personnel at [201 which they describe the policy coverage and exclusions ? [2II A. I don't recall attending such a discussion. I 1221 just don't recall it.__________________________________________ Page 709 [II Q. You'll note, as well, Mr. Papageorge, that in the [I/ last sentence of that first paragraph, you told Mr. Bosch, [3] quote, "Coverage does not include product liability, fire 141 damage, et cetera, which have traditionally been covered [5[ tuuier other plans," end quote. That's what you told Mr. [6] Bosch. [7] A. That's what it says here, yes, sir. [8] Q. And you will agree that this is a memorandum that [9] you prepared? [10] A. It appears to be, yes, sir. [Ill Q. You don't know of any facts to suggest that you [12] didn't prepare this and send it to Mr. Bosch? [13] A. That is correct. [14] Q. Okay. Can you tell us here, today, on what facts [15] you based that statement to Mr. Bosch concerning what [16] coverage did not include? [17] A. I certainly received that information from some [18] source. I don't recall a specific source. It could be [19] several individuals that could have supplied that [201 information to me. [21] Q. Let me ask you this; can we agree that you did ]22l not sit down, read Monsanto insurance policies, and come to Page 710 [II tluu conclusion on your own? [2] A. That's for certain. [3] Q. Somebody with moreknowledge about insurance [4] policies at Monsanto must have given that information to [5] you? [6] A. Not necessarily. One of my staff members may [7] have given me this, that they picked up from someone else. [8] Q. You indicated that there were several potential [9] sources for the information that you gave Mr. Bosch, here, [10] about insurance coverage. [11] A. Yes. [12] Q. What sources were you thinking of? [13] A. Well, as I indicated, my staff member might have [14] done it. [15] Q. Let me interruptfor a minute. If it was your [16] staff member, you would have asked him where he got that [17] information, wouldn't you? [18] MR. SARFATTI: I'm going to object on the grounds [19] of speculation, here. We're getting into several levels of [20] speculation now. [21] MR. HUGHES: Okay. That's fine. 1221______ MR. SARFA'ITI: To this whole line, if you want to Page 711 [1] continue it. [2] BY MR. HUGHES: [3] Q. You didn't think your staff members had uisurance [4] expertise, either? [5] A. That's true. [6] Q. So wouldn't you have wanted to know where they [7] got tluu information? [8] A. Well, certainly, somehow it would have come up, [9] he would say, "I just attended the meeting," or "I just [101 talked to so und so." [Ill Q. Are there any other sources for the information [12] other titan people in the Risk Management Department, itself? [13] A. Any of the attorneys wetalked about earlier [14] could have been the source. Mr. Gene Jessee, himself, could [15] have been the source. Miss Grimm and Mr. Toth could have [16] been a source, and so on, or a DEO that attended one of our [17] meetings may have spoken for - on that subject. [18] Q. Would you have considered any of those sources [19] you just named reliable enough for you to put in that [20] memorandum and send it to Mr. Bosch? [21] A. Yes. [22] (Papageorge Deposition Exhibit 54 marked for_________________ Page 712 [II identification.) [2] MR. HUGHES: We've had marked as Papageorge [3] Exhibit 54, a two-page exhibit which appears in the original [4] to have been the front and back of a single page, memorandum [5] dated March 31st, 1983, from W. B. Papageorge to what 1 [6] believe is a list of DEO's of Monsanto Company; is that [77 right, Mr. Papageorge? Callis, Carpenter, Harness, KERN-ee [8] (Phonetic) or is it KARN-ee (Ehonetic)? And McCarville. [9] Oh, McCarville was not a DEO, was he? [10] THE WITNESS: Correct, the first four were DEO's [11] at that time. [12] MR. HUGHES: The Bates numbers are MCO 0426100 to [13] 101. [14] BY MR. HUGHES: [15] Q. We Iwd been talking about whether you attended [16] any meetings at which the FJ1. insurance presentation was [17] made, and this appears to be a notice you sent out over your [18] own signature of a meeting between the DEO's, Mr. Throdahl, [19] and Ms. Grimm, Mr. Toth and Mr. Jessee, where FIT, insurance [20] would be discussed. [21] A. That's what this document indicates, yes, sir. [22] Q. You are still drawing a blank about such a Page 713 [1] meeting? [2] A. I draw a blank on the meeting. I do. [3] Q. Were there any circumstances in or about March of [4] 1983, which is the date of Papageorge Exhibit 54, that [5] raised particular concerns about environmental liability on [6] the part - [7] A. Not that I can recall. [8] (Papageorge Deposition Exhibit 55 marked for [9] identification.) [10] BY MR. HUGHES: [11] Q. I've had marked as Papageorge Exhibit 55 a [12] memorandum, there is a cover sheet as produced that suggests [13] the original had been removed. It was copied in the [14] production process. Personally, I don't see a Bates number [15] on it, but attached to it is a document with Bates lumbers [16] MCO 0026493 to 496 which is a cover transmittal memo or [17] transmittal sheet from Robert E. Toth dated 4-13-83, with [18] attachment; and Mr. Papageorge, you'll note that the [19] memorandum attached makes reference to an April 11, 1983, [20] meeting with Mr. Throdahl, which is the same date that's [21] referenced in Papageorge Exhibit 54. [22] _______A. I see that.__________________________________________ Page 714 [1] Q. And then there is a discussion of various - [2] there's discussion by Mr. Toth, or a description of both [3] some excess liability insurance of Monsanto and [4] environmental impairment liability coverage. The question [5] to you is, havuig seen this document, whether you are [6] refreshed at all as to a meeting in April 1983 where there [7] was a presentation on scope of Monsatuo's insurance coverage [8] for environmental liability. [9] A. It does not hdp me recall, no. [10] Q. If you'll turn to the last page of this exhibit, [11] which is what appears to be something that was prepared for [12] an overhead with die heading "Major EIL Policy Exclusions "? [13] Are you there? [14] A, I see that, yes. [15] Q. At any poitu did you receive a description from [16] either Mr. Toth or Ms. Grimm of exclusions from Monsanto's [17] uisurance policies with respect to environmental claims? [18] A. I don't recall any. [19] Q. You note that there is a reference on that last [20] page of Papageorge Exhibit 55 to product liability being one [21] of the areas excluded from FIT, policy? You see diat on die [22] document?___________________________________________________ Page 715 [1] A. I do. [2] Q. Did you ever - let's broaden it past just diis [3] document or this particular presentation. While you were a I [4] DEO at either of the two operating companies, did you have [5] discussions with anybody in risk management concerning [6] uisurance coverage for product liability claims? [7] A. No. [8] Q. Did you, during that same period, have any [9] discussions with anybody concerning product liability [10] insurance coverage? ] [11] A. No. [12] Q. During that same period did you have any [13] discussions with anybody about whether there was insurance [14] coverage for environmental cleanup or remediation costs? [15] A. No. Page 708 to Page 715 202-347-3700 ACE-FEDERAL REPORTERS. INC. WATER PCB-SD0000063797 BSA Depo of: WILLIAM B. PAPAGEORGE Monsanto v Aetna February 10, 1993 CR: 54388.0 XMAXO) m (Papageorge Deposition Exhibit 56 marked for [17] identification.) [IS] MR. HUGHES: I've had marked as Papageorge [19] Exhibit 56 a document dated February 4, 1985, from Georgene 1201 Grimm to a distribution list. IPs production numbers MCO [21] 7191398 to 1399, and why don't you read this document, Mr. [22] Papageorge, and let me know when you are finished._________ Page 716 [II (Witness peruses said document.) [2] THE WITNESS: I have read the document. [1] BY MR. HUGHES: [4] Q, Do you recognize this document as being one that [51 you've seen before, Mr. Papageorge? [61 A. I don't recall it. m Q. Did you participate in any effort in the first [SI half of 1985 to pull together information regarding [9] potential claims arising from environmental impairment for [101 the purpose of giving notice under a Monsanto insurance [111 policy? [12] A. I do not recall that type of activity. [IS] Q. Did you have any discussions with Georgene Grimm [14] during the first, let's say seven months of 1985, concerning [15] the need to give notice to an insurance company of all [16] potential environmental claims? [17] A. I don't recall such a meeting. [15] Q. Or discussion? [19] A. Or discussion. [201 Q. When you moved over to Monsanto Industrial l1211 Chemicals, was Mr. Foresman on vour staff, there? ]22 A. Yes. _____________________________________________ Page 717 [11 Q. So he moved over with you to MIC? 121 A. Correct. m Q. Did you have any discussions with Mr. Foresman [41 during the first seven months of 1985 about pulling together m information of all potential environmental claims to give to [61 Georgene Grimm? [7] A. I don't recall any. [SI MR. SARFATTI: Are we at a good breaking point? [91 MR. HUGHES: We are, yes, if you need to take one [101 now. [111 (Recess from 10:25 to 10:45.) [121 MR. HUGHES: Okay, back on the record. [131 BY MR. HUGHES: [141 Q. Mr. Papageorge, during the time that you were DEO [151 of Monsanto Chemical Intermediates, 1977 to the very end of [16] 1982, there hut a significant amount offederal legislation [17] and rule making in the area of environmental matters; [15] correct? [191 A. WeU, I hope we have the same understanding of [201 "significant." There was much new legislation and [21] regulation. [221 ______ Q, Well, within Monsanto, the legislation and rule_______ Page 718 [11 making that was coming out of the federal government hot [21 considered to have the potential for having a significant [31 impact on Monsanto's operations; isn't that right? [41 MR. SARFATTI: Object, lack of foundation and PI vague. 161 A. It depended upon the individuals expressing their FI opinions regarding impact, whether it be monetary, or [SI shutting down, or what have you, so [91 BY MR. HUGHES: [101 Q. You had that view, didn't you? [HI A. I don't know that I used the word "significant." [12] I felt that it was important to keep abreast and to comply, [13] and also to, if possible, participate in these rule-making [141 activities. [151 Q. During the late 1970's, early I980's, regulations [16] under RCRA were promulgated; correct? [171 A. Yes. [181 Q. And during that same period. CRCLA was enacted: [191 correct? [201 A. Yes. [211 Q. And as Director of Environmental Operations, one 1221 of your jobs was to stay informed about the requirements of Page 719 [1] those taws and regulations. Is that frdr to say? [21 A. To what degree? [31 Q. You didn't have to know every comma and semicolon [4] in the statutes, but you had to know generally what the [5] requirements were that Monsanto was expected to meet in [6] order to comply with the federal laws and regulations? [7] A. In order for Monsanto to comply or at least the [8] parts of Monsanto within MCI, yes. [91 Q- Now, upon the enactment of the Resource [101 Conservation and Recovery Act, RCRA, Monsanto faced the [11] challenge of conforming its waste disposal practices to the [12] requirements of the federal regulations 'Mien they came out: [13] correct? [141 A. Yeah, like everyone else. [15] Q. And isn't it also true that Monsanto was [16] concerned about the potential financial impact of bringing [17] itself into compliance with the requirements under die RCRA | [18] regulations? [19] MR. SARFATTI: Objection; vague and lack of [20] foundation. [21] A. There's always concern for the cost of complying [22] with any regulation. _____________________________________ Page 720 [1] BY MR. HUGHES: [2] Q. But within Monsanto, isn't it true that in the [3] individuals at Monsanto who were mostfamiliar with [4] environmental concerns, diere was a considerable worry about [5] die amount of money it was going to cost the corporation to [6] comply with these federal regulations? [7] MR. SARFATTI: Objection; lack of foundation, [8] vague. i/9/ A. I don't know that I can use the word "worry." As i [10] part of our jobs, economic factors are considered. There is [11] always the concern of how these economic factors will affect [12] Monsanto, and every effort is made to control these [13] expenditures, so if these kinds of thoughts are considered [14] worries, I again, it's a concern, rather than a worry, in my [15] opinion. [16] BY MR. HUGHES: [17] Q. Okay, I'm not sure 1 personally draw a big [18] distinction between concerns and worries. [19] A. A worry in my mind has a more negative kind of [20] connotation. [21] MR. SARFATTI: If you don't, you should read a [22] dictionary._________________________________________________ Page 721 [1] MR. HUGHES: 1'U do that when I get home. [2] BY MR. HUGHES: [3] Q. In - you were aware, weren't you, Mr. [4] Papageorge, in the early 1980's, diat RCRA required [5] companies with waste disposal sites to provide financial [6] assurances diat they were capable of spending die money [7] necessary to close sites as necessary and to monitor sites [8] as necessary to comply with RCRA? [9] A. I, I recall that requirement, yes. [10] Q. Monsanto was required to go dirough an effort to [11] estimate what its closure and post-closure expenses would be [12] for RCRA purposes? [13] A. I faintly recall an activity of that type, yes, [14] sir. [15] Q. And at least at die time diat activity was going [16] on, diat's something dial you would have been uivolved in, [17] isn't it? [18] A. I certainly would have been aware of it, I would [19] have made assignments appropriately to get the task done, [20] yes. [21] Q. And die end result of diat process was dial [22] Monsanto lutd a number of its potential costs for closure and Page 722 [1] post closure in die tens of millions of dollars, isn't it? [2] A. I don't remember the number. [3] Q. You remember it was a fairly substantial amount, [4] don't you? [5] MR. SARFATTI: Objection; vague. [6] A. It was millinns of dollars, is all I remember. [7] BY MR. HUGHES: | [8] Q. And at the same, during die same period, it was i [9] commg to your attention, wasn't it, diat die legal I [10] interpretation of liabilities under CRCLA was broadening. \ [11] MR. SARFATTI: Objection; vague. [12] A. Yes. ; [13] BY MR. HUGHES: I [14] Q. And you were aware of the Motco site, for ACE-FEDERAL REPORTERS, INC. 202-347-3700 Page 715 to Page 722 WATER PCB-SD0000063798 BSA Depo of: WILLIAM B. PAPAGEORGE Monsanto v Aetna February 10, 1993 CR: 54388.0 XMAX(8) 115] example, or the Texas City Wye? 116] A. I was aware of it, yes. 117] Q. And that Monsanto potentially faced a 1181 considerable expense, amounting in the tens af millions of [19] dollars, to clean up that site? [20] A. Yes. [21] Q. And you were aware of that in the early 1980's, [221 well, even before 1980, weren't you?_________________________ Page 723 [1] A. I was aware of Monsanto's interest in the site, I [2] was aware of the material, the source of the material at the [3] site, or at least some of the material, I was aware - of 14] course, 1 was aware of the State's interest in the site and [5] before RCRA and CRCLA. 16] Q. And you told us about that in previous testimony. [7] A. Yeah. [8] Q. And 1 don't want to go over that again, so - [91 A. All right [101 Q. Didn 7 you hear expressions from other Monsanto [11] employees that they were concerned that with the broadening [12] net of environmental requirements, the very existence of the [13] corporation could be threatened? [14] A. Oh, I never heard that. [15] Q. Never heard anybody say that? [16] A. No. [17] Q. Never heard that from Mr. Throdahl? [18] A. No. [19] Q. Never heard that from Mr. lessee? [20/ A. No. [21/ Q. In connection with providing financial insurances [22] under RCRA, did you have discussions on that subject with Page 724 [1/ anybody from the Risk Management Department? [2] A. No. [3] Q. With whom did you discuss the issue of required [4] financial insurances under RCRA? [5] A. Again, I don't recall the specific individuals. [6] I was aware of the subject matter and I recall the operating [7] units I represented were involved, through its teams of 18] people. Specifically, 1 don't recall. [9] Q. Were you made aware of the fact that one of the [10] means of satisfying the financial insurance requirements of [11] RCRA was through insurance? [12] A. I don't know if I was informed of that or I [13] assumed it. I just don't recall the specifics. [14] Q. If I understand your answer, you are saying that [15] ivas something that was present in your own mind in the earty [16] I980's but you don't know where it came from? [17] A. That is correct. [18] Q. In your position as a Director of Environmental [19] Operations for MCI, didn 7 you concern yourself with 120] budgeting the potential costs of Monsanto's complying with [21] enviroiunental requirements within your operating company? [22] A. No._______________________________________________ Page 725 [1] Q. Didn't you review such estimate? [2] A. No, never saw them. [3/ Q. You were out of that loop entirely? [4] A. Yes. [5] Q. In the early 1980's, as all of the, as these [6] various federal enactments and regulations came on line, you [7] had discussions, didn 7 you, on the subject of where [8] Monsanto was going to get the money to pay for all of the [9] costs associated with those laws? [10/ A. That was not in my bailiwick. That was not in my [III area. [12] Q. And you never considered that, as Director cf [13] Environmental Operations? [14] A. Not as part of my job. As a personal interest [15] kind of thing, but not a professional kind of way, no. [16] Q. Was there anyone within the operating company who [17] you understood to lutve the responsibility for taking into [18] account for budgeting and financial purposes the costs of [19] environmental compliance and environmental liabilities? [201 A. Well, certainly the Managing Director is [21] involved, and I don't know which of his staff is assigned [221 that particular responsibility.________________________________ Page 726 (1/ Q. And are you telling us that they never came to [2] the Direcwr of Environmental Operations to discuss that [3] issue? [4] A. That is correct [5] Q. All right. And you are telling us that nobody [6] ever came to the Director cf Environmental Operations, at [7] least while it was William Papageorge, to discuss "How are [8] we going to budgetfor these millions and millions of [9] dollars that we're going to have to incurfor environmental [10] concerns?" [11] A. That is correct [12] MR. SARFATJ1: Objection to the extent you are [13] characterizing prior testimony. [14] BY MR. HUGHES: [15] Q. If 1 canrefer you back for a moment to [16] Papageorge Exhibit 53, Mr. Papageorge, which is the [17] memorandum we discussed in which you indicated to Mr. Bosch [18] that you were in favor cf renewing the environmental [19] insurance policy, for the purposes cf - strike that. [20] Did you have any discussions at any time with [21] anyone, and then 1'U narrow it down if the answer to this [22] is yes, but any discussions with anyone Mule you were_________ Page 727 [1] Director of Environmental Operations concerning the amount [2] of insurance coverage, in dollars, that Monsanto had for [3] environmental liabilities? ' [41 A. No. [5] Q. Now, we talked earlier about the fact that in [6] this memorandum, which we've marked as Papageorge Exhibit [7] 53, in the last paragraph, you made a comment about your i [8] belief that the potential for liability claims were great [9] enough that the cost of the policy was justified. Now, [10] at - does that indicate that at April 12, 1983, you had [11] made - given some consideration to the potential cost to [12] the company of environmental liability? [13] A. Well, I must have. [14] Q. In order to write that memorandum. [15] A. Yes, and compare it to a 250-thousand-doDar [16] cost. [17] Q. But you are telling us as you sit here today you [18] have no recollection of what that amount was, in your mind, [19] ofpotential liability exposure? [20] A. No. No, I don't know that I ever quantified it [21] Q. Wouldn't it be fair to say you had in your mind [22] an amount in the tens of millions cf dollars?___________________ Page 728 [1] A. Millions, many minions. [2] Q. Now, as someone who had been in the, in the [3] business world for decades, as of early 1980 - fair enough? [4] A. That's right [5] Q. Okay, and in the chemical business for decades, [6] correct? [7] A. Correct [8] Q. You were aware, weren 7 you, that one potential [9] source for payment of liability claims was insurance. [10] A. Oh, yes. I was aware of that. [11] Q. And that's common sense if you are ui the [12] business world, isn't it? If there's a liability claim - [13] A. I can't speak for others in terms of common [14] sense. I was aware ofthistype of resource or support. [15] Q. You were awarethat if, in the event cf a [16] lawsuit, seeking to recover damages for Monsanto, one would [17] want to see if there's insurance that would cover the claim. [18] A. Yes, sir. j [19] Q. Didn't it occur to you during the early 1980's, [20] with all of this federal regulation imposing new [21] requirements upon Monsanto, atul with an expansion of [22] potential environmental liability, that you would want the_______ Page 729 [1] know about whether there was insurance coverage for Monsanto [2] for such claims ? [3] A. I was not responsible for the cost of this [4] activity. I, I wouldn't - I had too many things to do to [5] worry about that one item. That's someone eise's [6] responsibility. Therefore, I would not have, as you say, [7] worry about it. [8] Q. Well, I'll use the word "concern," since Mr. [9] Sarfatti tells me that's a better word in this context. [10] MR. SARFATTI: Just a different word. [11] BY MR. HUGHES: [12] Q. That's not something that ever, you ever were [13] concerned with as Director of Environmental Operations? [s Page 722 to Page 729 202-347-3700 ACE-FEDERAL REPORTERS, INC. WATER PCB-SD0000063799 BSA Depo of: WILLIAM B. PAPAGEORCE Monsanto v Aetna February 10, 1993 CR: 54388.0 XMAXI9) [14] that riglu? Let me rephrase the question, because it's got [15] a - there is no antecedent, perhaps, or it's a conclusing [16] antecedent. [17] Weren't you concerned, while you were DEO of [18] Monsanto Chemical Intermediates, about whether there was [19] adequate insurance coverage for the potential environmental [20] cost facing your organization ? [21] A. That was not my responsibility. Therefore, I did ]22] not address it._____________________________________________ Page 730 [1] Q. So are you telling us that in your job as DEO, if [2] you weren't specifically assigned a responsibility, you [3] weren't concerned aboiu it? [4] A. Not as part of my job, no. [5] Q. You indicated that one of the things that came 16] into your mind during this spate offederal rule making in [7] the early 1980's was whether there should be some input by [8] Monsatuo into that ride making. Is that right? [9] A. I did say that, yes, sir. [10] Q. Okay, what did you mean by that? [1J] A. I don't have a specific in mind but it involves [12] such things as attending the appropriate meetings held by [13] the regulatory agency, participating as a, as a provider of [14] information to the agencies, commenting to proposed rules [15] that are published, and - [16] Q. Did you personalty engage in any of these [17] activities? I'm sorry, did l interrupt you? [18] A. No, that's - [19] Q. Okay. I apologize if l did. [20] MR. SARFATTI: You seem to be showing a lack of [21] interest in the answer. [22] _____ MR. HUGHES: That part is true._____________________ Page 731 [1] BY MR. HUGHES: /2] Q. Not a lack of interest, but 1 realized your [3] answer was a lot more broad than I was realty concerned [4] with. I'm more interested in whether you, yoursetf, were [5] involved in any such activities. [6] A. For what products? For what materials, what [7] parts of Monsanto or when? [8] Q. Fair enough. During the period you were Director [9] of Environmental Operations of Monsanto Chemical [10] Intermediates, did you personally have any involvement in [11] providing input to the issuing of regulations under RCRA? [12] We'll start with that, [13] A. No. [14] Q. Did you personally have any involvement in [15] providing input or comment on any other environmental [16] regulations while you were DEO of Monsanto Chemical [17] Intermediates? [18] A. No. /19[ Q. All riglu. Now. before our first break, Mr. 120] Papageorge, l marked. I won't use an adjective, but a number [21] of documents relating to environmental insurance that had [22] your name on them: riglu?___________________________________ Page 732 [1] A. Yes. [2] Q. AU riglu. You were copied on some so, you - we [3] looked at one, or several that you authored yourself; [4] correct? [5] A. That's correct. [6] Q. Now, as we went through that series of documents [7] today, were you surprised timt your name was on that number [8/ of documeius addressing the issue of environmental [9] impaimieiu liability insurance? [10] MR. SARFATTI; Objection; lackof relevancy. [11/ A. There was a surprise on my part because I bad, as [12] I indicated, completely forgotten the subject. [13] BY MR. HUGHES: [14] Q. And you have still completely forgotten the [15] subject; is tiuxt riglu? [16] A. Wefl, you are asking me to recall specific [17] meetings, specific discussions, specific activities. I [18] recall the general subject, but not the specifics. [19] Q. Here's where l am, Mr. Papageorge. Let me [20] explain to you and see what your response is. and of course. [21] I wasn t on the scene in the early I980's, but I see a [22] situation where there`s a lot of legislative activity going________ Page 733 [1] on in the environmental area, imposing obligations upon [2] Monsanto; correct? [3] A. All right. [4] MR. SARFATTI: I'm going to object to this format [5] of what you see and asking him to comment. There's a lot [6] that's in these little statements that you are making. [7] MR. HUGHES: Okay, all of that is reserved for [8/ trial. [9] MR. SARFATTI: Yes. Well, I continue to object. [10] MR. HUGHES: As you know, it's inappropriate to [11] say more than you object to the form of the question. [12] MR. SARFATTI: Well, "a lot oF is not [13] questioning, it's just statements and then asking the [14] witness to agree to an area [15] MR. HUGHES: That's called cross examination, [16] Steve, isn't it? [17] MR. SARFATTI: Well [18] MR. HUGHES: That's what cross examination is. [19] MR. SARFATTI: No, I think what it is is [20] coaching. [21] MR. HUGHES: That's what cross examination is, [22] where I went to school. Page 734 [11 BY MR. HUGHES: [2] Q. Airyway, let's proceed. [3] And you were in a position, as the Director of [4] Environmental Operations for one of the operating companies [5] at Monsanto Company in the early I980's; correct? [6] A. Correct. [7] Q. And you were aware of concerns at that time about [8] Monsanto's potential liability for waste disposal sites at [9] various places within your operating company; correct? [10] MR. SARFATTI: During what period of time are we [11] talking about? [12] MR. HUGHES: While he's DEO of Monsanto Chemical [13] Intermediates. [14] A. Yes. There was concern about some speculation [15] regarding what might transpire in the future regarding those [16] sites. [17] BY MR. HUGHES: [18] Q. Okay, and [19] MR. OMROD: I don't want to break you up. Could [20] you read the answer back? [21] THE COURT REPORTER: [22] "A. Yes. There was concern about some Page 735 [1] speculation regarding what might transpire in the future [2] regarding those sites." [3] BY MR. HUGHES: [4] Q. Well, some things, it wasn't speculation. You [5] knew tluit the State agency had been looking into the [6] situation at the Texas City Wye; correct? You had known [7] that since 1977? 18] A. True, but you speculate from that piece of [9] information as to how the agency is going to use that [10] information, when are they going to impose some action on [11] us, and how much H'D cost, and on and on. [12] Q. And in fact, by the latter half of 1981, Monsanto [13] had received a potentially responsible party letter from the [14] EPA concerning the Texas City Wye site? [15] MR. SARFATTI: Objection; lack of foundation. [16] BY MR. HUGHES: [17] Q. You knew tluit, didn't you? [18] A. I recall the letter. The date, I don't recall [19] the exact date. I do recall the letter, or the infor [20] being informed. [21] BY MR. HUGHES: [22] Q. Surety, the receipt of such a letter from the EPA Page 736 [1] on a site within the jurisdiction of your operating company [2] is something that somebody would tell you about. [3] A. Oh, sure. Sure. [4] Q. So l see Monsanto Company faced with these [5] potential financial implications of environmental | [6] development, and the Risk Managemetu Department goes out and j [7] they purchase, on behalf cf Monsanto, an environmental ` [8] impairment liability policy, and I'm surprised you didn't j [9] get involved in that in any way, Mr. Papageorge. j [10] MR. SARFATTI: Objection as to form, if that's a ! [11] question. ' I [12] BY MR. HUGHES: ACE-FEDERAL REPORTERS, INC. 202-347-3700 Page 729 to Page 736 WATER PCB-SD0000063800 BSA Depo of: WILLIAM B. PAPAGEORGE Monsanto v Aetna February 10, 1993 CR. 54388.0 XMAX(IO) [13] Q. Do you have any explanation for that, why you 114] weren't brought into those such things at all as Director of [15] Environmental Operations? [16] A. Mr. Hughes, as I mderstood my assignment, it was [17] to make certain that the plants' activities relating to [18] environmental matters complied with all the statutes that [19] were in place, that they, evm over and above that, did the [20] kinds of things that Monsanto felt was responsible. At no [21] time was my job limited by any monetary considerations. The [22] cost of these activities were the responsibility of others Page 737 [1] in terms of budgeting and obtaining the necessary binding. [21 On occasion, I would find that 1 would be in the 13] position of supporting a plant's need for "X" dollars to do [4] certain things, but in the final analysis, my job did not in [5] any way relate to the economics of achieving the end result. [6] That was the responsibility of others. That's it. 177 Q. Okay, and 1 wasn't suggesting that your job was 181 limited by monetary issues, Mr. Papageorge. In fact, 1 was [9] implying that l thought your job would be broader and [10] indeed, that you would, as a Director of Environmental [11] Operations, be dealing with the Risk Management Department [12] on ensuring they had the information they needed to take [13] care of the insurance coverage that was appropriate. [14] MR. SARFATTI: Is that a question? [15] BY MR. HUGHES: [16] Q. (Continuing) but you are telling me that you did [17] not have arty communication line with Risk Management on such [181 matters while you were Director of Environmental Operations. [19] A. I didn't say that. I didn't say that. I would [20] supply to that group the information they were seeking for [21] their own purposes. At no time did I become involved in the [22] details of why they needed some of this information. They Page 738 [1! would ask for information which we supplied, some of it in [2] writing, as we saw in these documents. Some of it was done [3] over the telephone, some was done across the desk, [4] informally. How that information was used by that group was [5] not in my bailiwick at aD. [6] Q. Let me ask you this, Mr. Papageorge. At any [7] point, did anyone from the Risk Management Department [8] communicate to you. either individually or in a group, that [9] there was certain information concerning potential [10] environmental claims dun they wanted you to make sure got [111 to diem for insurance purposes? [12] MR. SARFATTI: Object on the grounds of [13] vagueness. [14] A. I don't know that their request was couched in [15] those words. They, of course, relied on members of my team [16] to provide them with some details. I personally don't know [17] where the risk group got their information regarding the 118] potential liabilities from the situation as described by my [19] team. I don't know where they got that. [20] BY MR. HUGHES: [21] Q. Was diere some procedure set up for communication /22] from your DEO group offacts to the Risk Management Page 739 [1] Department? [2] A. There's no formal procedure, no. [3] Q. Was diere any practice that war followed while [4] you were Director of Environmental Operations to communicate [5] facts to die Risk Management Department? [6] A. No different than any other Monsanto facts, [7] whether they be environmental or marketing, or - if [8] somebody has a need, he makes the request and the response [9] is given, and sometimes formally, sometimes informally. [10] I- [11] Q. I'm not referring to instances when there is a [12] request from the Risk Management Department. 1 would assume [13] that if you got a direct request, you would respond to that [14] direct request as best you were able; correct? [15] A. Yes. [16] Q. Okay. What I'm trying to get to is whether you [17] had any understanding that diere were a certain category of [18] facts dial even in the absence of a request for die [19] information, you ought to communicate to the Risk Management [20] Department, on your own initiative. [21] MR. SARFATTI: Objection; vague. [22] A. No, 1 - no, there was - 1 don't know of any Page 740 ]1] facts that would fall into that category, because the P] request would be pretty, pretty specific. [3] BY MR. HUGHES: [4] Q. See, I don't warn to focus on requests. Let me [5] give an example from my life. [6] A. Yeah. [7] Q. If I'm driving my car and I get in a fender [8] bender, l know I better go home and call my insurance [9] company or my agent and give them - notify them of the [10] incident. [11] A. Mm-famm. [12] Q. I don't know what's going to happen, l don't know [13] whether there's coverage, but I know l ought to get that [14] information to them so they can do what's necessary. I [15] don't wait for them to call me, I call them. Was there [16] any - all right, that's the kind of thing I'm getting at. [17] Was there any similar arrangement between your DEO staff and [18] die Risk Management Department where certain incidents, you, [19] if you found out about diem, you would check to make sure PO] that information was getting to the Risk Management PI] Department? P2]_______ MR. SARFATll: Objection; vague. Page 741 [1] A. I didn't do that. My department didn't do it P] The plant may have done it. [3] BY MR. HUGHES: [4] Q. So, then, the answer to my question, as I hear [5] you saying, is no, there was no practice for the DEO group [6] to make sure certain information about environmental issues [7] got communicated to the risk management group. [8] MR. SARFATTI: Objection. Objection; vague. ]91 BY MR. HUGHES: [10] Q. Is nry statement accurate? [11] A. That is my understanding, yes, sir. [12] MR. HUGHES: Excuse me for a moment. [13] (Pause) [14] (Papageorge Deposition Exhibit 57 marked for [15] identification.) [16] (Witness peruses said document.) [17] MR. HUGHES: I've handed the witness Papageorge [18] Exhibit 57, which is a one-page exhibit dated May 30, 1979, [19] a memorandum from G. L. lessee to M. C. Throdahl, production PO] number MCO 0372862. PI] BY MR. HUGHES: [22]Q. Have you had a chance to review that, Mr. Page 742 [1] Papageorge? P] A. I have. [3] Q. Do you recognize this as a memorandum that Mr. I 14] lessee sent to Mr. Throdahl and copied you on - [5] A. Yes. ' [6] Q- - concerning the Texas City Wye? [7] A. Yes. [8] Q. A document kept in the ordinary course of [9] Monsanto's business? [10] A. Yes. [HI Q. Do you recognize diis document as one dial you [12] received from Mr. lessee? [13] A. I remember this one. [14] Q. How come you remember this one? [15] A. I don't know. [16] Q. Okay. Did you go with Phocion Park to die State [17] regulatory offices in Austin to review documents concerning [18] die Texas City Wye? [19] A. I've never been in Austin. I did not go. PO] Q I guess that answers that question. Do you know PI] if Mr. Park went? [22[A. 1 do not know. I j [1] Page 743 Q. There's a reference, here, in Mr. lessee's I P] memorandum to - in the last paragraph, to some contact with i [3] die hauler of T. C. plant wastes to the Texas City Wye. Do I [4] you see dial? [5] A. I see that. [6] Q. Were you ever provided any information beyond [7] what's contained in this memorandum about who that hauler [8] was? [91 A. Yes, a Mr. Malone, I think, yes. [10] Q. Well, die reason I'm asking you is, you told us [11] when we met in lanuary that you had a meeting with Ralph Page 736 to Page 743 202-347-3700 ACE-FEDERAL REPORTERS, INC. WATER PCB-SD0000063801 BSA Depo of: WTTIMM B. PAPAGEORGE Monsanto v Aetna February 10, 1993 CR: 54388.0 XMAXdl) 1121 Lowe where he was proposing to do chemical recovery or some [13] kind of recovery of die wastes from the Texas City Wye site. [14] A. Yes, but I don't associate him as being a - [15] Q. Holder? [16] A. - hauler of the material in the past. [17] Q. So it's the reference to the hauler that makes [18] you believe this is Mr. Malone? [19] A. That is my understanding, yes, sir. [20] Q. Did you know of any plan that Mr. Malone was [21] promoting whereby he would be responsible for cleaning up [22] die Texas City Wye site?_____________________________________ Page 744 [1] A. I never heard of the specifics of this plan. [2] Q. And can you tell us what -- whether there's any [3] particular portion of diis memorandum dial you were able to [4] recall today, after almost fourteen years? [5] A. WeD, the reference to Austin, for some reason, [6] stuck out in my mind, because I never was able to make that [7] trip. [8] Q. So you recall diere had been a trip planned diat [9] you were going to accompany Mr. Park to Austin? [10] A. Yes. [11] Q. I see. [12] A. But we never did, I didn't go with Mr. Park. [13] (Papageorge Deposition Exhibit 58 marked for [14] identification.) [15] MR. HUGHES: I've handed the witness what's been [16] marked as Papageorge Exhibit 58, a two-page exhibit. It's a [17] letter dated June 3, 1981, from Dick Whittington to William [18] J. Librizzi, with attachment, and this does not have Bates [19] numbers. [20] BY MR. HUGHES: [21] Q. And my question for you, after you've had a [22] chance to review the document, Mr. Papageorge, is whether Page 745 [1] you have seen it before today. [2] (Witness peruses said document.) [3] A. I don't remember it. [4] Q. Did you ever deal directly with Dick Whittington? [51 A. No. [6] Q. Now, after being on the Texas Department of Water [7] Resources, Mr. Whittington was later in die regional office [8] of die EPA. Did you ever deal with a Mr. Whittington at the [9] EPA? [10] A. No. [11] Q. While you were die Director of Environmental . [12] Operations at Monsanto Chemical Intermediates, did die - [13] was any effort made to obtain from State regulatory agencies [14] a listing of die sites that they were proposing to send to [15] die EPA to nominate for inclusion on Superftmd? [16] A. Not to myknowledge. [17] Q. Okay.Was any information ever provided to you [18] concerning whedier individuals at the Texas City or [19] Chocolate Bayou plants made any attempts to get information [20] from die Texas Department of Water Resources as to sites [21] that diey were interested in because ofpotential [22] environmental problems?______________________________________ Page 746 [I] A. I had the understanding that representatives of [21 the Texas plants were communicating with the appropriate [3] representatives of the regulatory agency, and that was [4] certainly a topic of their discussions. [5] Q. Can you identify for us which individuals at die [6] Texas plants at Monsanto you understood to be staying in [7] contact with die Texas Department of Water Resources? [8] A. They were members of the environmental staffs at [9] the Texas plant. [10] Q. When you say the Texas plant, are you referring [11] to Texas City or bodi Texas City and Chocolate Bayou? [12] A. Well, eventually, the environmental teamserved [13] both plants. [14] Q. This is when Mr. Himes war hearting it up at both [15] plants? [16] A. Yes. [17] Q. Can you identify which individual on those [18] staff:? [19] A. No, not really. [20] Q. Mr. Papageorge, am 1 correct thatyourDEO group [21] was uivolved in attempting to determine die identity and [22] quantity of materials that had originated at Monsanto and_______ Page 747 /1] wound up at die Texas City Wye? [2] A. Yes, we were interested in that information. [3] Q. Can you tell us what involvement the DEO group [4] had in pulling together or compiling that information? [5] A. Oh, this was amply a request from Mr. Weishaar [6] to the plant to pull that data together for him. That was [7] the only involvement. We did not, through Mr. Weishaar, [8] personally look at records and add up numbers. [9] Q. Okay. Was diat request by Mr. Weishaar to the [10] plant something diat you and he discussed? [11] A. Well, certainly an item that was included in a [12] discussion of the overall she. [13] MR. HUGHES: Let me mark this exhibit. [14] (Papageorge Deposition Exhibit 59 marked for [15] identification.) [16] MR. HUGHES: Marked as Papageorge Exhibit 59, a [17] four-page document, beginning with a cover memorandum dated [18] September 1, 1982, from M. F. Weishaar to C. E. Donaldson, [19] with a number of cc.'s. The production numbers are STG PO] 1604581 to 84. PI] (Witness peruses said document.) [22[_______ MR. HUGHES: Let me know when you've had an Page 748 [1] opportunity to review that, Mr. Papageorge. P] THE WITNESS: I've reviewed it. [3] BY MR. HUGHES: [4] Q. Do you recognize this document as a memorandum [5] prepared by Mr. Weishaar, I think, requesting the [6] information that you just referred to? [7] A. It, h appears to be that, yes, sir. [8] Q. Is this the request that you were dunking of? [9] A. WeD, I recall the request being made. I did not [10] recall it being in the form of a memorandum as distinguished [11] from a telephone call or a plant visit. This could have [12] been just a repetition of other requests made along the same [13] lines. [14] Q. Okay. Can you tell us why it was that the DEO [15] staff wanted die information that Mr. Weishaar requests in [16] this memorandum? [17] A. It was very likely in response to some other [18] request, but at the moment, I don't know who made that [19] request and for what purpose. P0] Q. Are you thinking of a request from somewhere else PI] within Monsanto? P2] A. Yes. Page 749 [1] Q. But you can't identify today who diat was? P] A. That is true. [3] Q. You are indicating diat somebody seeking [4] information had asked the DEO staff to take charge of [5] compiling it? [6] A. Yes, for this particularsite,mm-hmm. [7] Q. Was it your understandingdiat there was a desire [8] to compile a complete record of Monsanto's relationship, if [9] any, with die various persons and entities identified in die [10] attachments to this memorandum? [11] MR. SARFATT1: Objection; lack of foundation and [12/ vague. [13] A. I don't remember any such intent, or activity, [14] ot PS] BY MR. HUGHES: [16] Q. What information was expected to come back from [17] die plant level? [18] A. WeD, it depended on the, the programs in place [19] at the time. This is '82. It's concavable that somebody P0] within Monsanto was interested in an update or had reviewed pi] documents, and I could speculate aD afternoon on what the P2] purpose was, who it was, and what was submitted. This is an Page 750 [1] ongoing topic involving many people for many reasons. P] Q. You were speaking of the Texas City Wye as an [3] ongoing topic? [4] A. Yes, that's what this document is about. j [5] Q. You 'll note in the second page of this exhibit, I [6] Mr. Papageorge, that among die entities about which Mr. I [7] Weishaar inquired were Lowe Chemical Company, Hard-Lowe ! [8] Chemical Company, JOC Oil Aromatics, and Dixie Oil I [9] Processors. Do you see those names on diat list on the | [10] second page? ACE-FEDERAL REPORTERS, INC. 202-347-3700 Page 743 to Page 750 WATER PCB-SD0000063802 BSA Depo of: WILLIAM B. PAPAGEORGE Monsanto v Aetna February 10, 1993 CR: 54388.0 XMAX112) [11] A. I see than, yes, sr. 1121 Q. Okay, and his memorandum indicated attached are 1131 several lists, and it was information about the entities on f!4] those lists that he was seeking; correct? [15] A. Yes. [16] Q. Did you ever see any response to Mr. Weishoar's [17] memorandum - that's Papageorge Exhibit 59 - indicating [18] what Monsanto's business relationship was with Lowe Chemical [19] Company, Hard-Lowe Chemical Company, JOC Oil Aromatics and [20] Dixie OilProcessors? [21] A. I don't recall any. [22] _____ Q. Were you aware in 1982 that JOC Oil, an entity to Page 751 [1] whom you knew Monsanto had sent styrene tars, was also [2] alleged to be involved in some way with the Texas City Wye? [3] A. In 1982? [4] Q. Yes. [5] A. By then, yes, I had heard references to that [6] relationship. [7] Q. Between JOC Oil and the Texas City Wye? [81 A. Yes. [9] Q. When did you first hear of a relationship between [10] JOC Oil and the Texas City Wye? [Ill A. Gosh, sometime between '79 and '82. [12] Q. Can you tell us what you heard concerning a [13/ relationship between JOC Oil and the Texas City Wye? [14] A. Oh, something to the effect that they hauled, [15] they did some of the hauling to the Texas City Wye. [16] Q. From whom did you receive that information? [17] A. Oh, God, Idon't ronember. [18] Q. Did you receive any information that styrene tars [19] that Monsanto had sent to JOC Oil had then been trucked by [20] JOC Oil to the Texas City Wye and dumped? 121] A. No, notat - no. [22]Q. You were aware, however, that there was an Page 752 [1] allegation, at least, that JOC Oil had taken some materials [2] to the Texas City Wye, correct? [3] A. Yes. [4] Q. And were you also aware of an allegation that JOC ]5] Oil had improperly disposed of materials at the Texas City [6] Wye? [7] A. No, I was not aware of that. [8] Q. At the time that you learned that JOC Oil hus [9] alleged to have been involved at the Texas City Wye, do you [101 know of any steps that were taken to look into the manner in [111 which JOC Oil had handled the styrene tars that Monsanto had [12] sent to JOC Oil? [13] A. 1 don't know of any such study. 1141 Q. Did you know Mike Hancock, who worked at the [15] Texas City plant in the environmental area? [16] A. Yes, I remonber the name. Mike Hancock; yes, I [17] remember the name. [18/ Q. Did you ever talk with Mr. Hancock concerning the [19] site that later became u> be known as the Brio Refining [20] Site? [21] A. I don't remember such a discussion, no. [22] Q. Did you ever have any discussions with Mr. * 1 Page 753 [1] Hancock? [2] A. I don't remember any. [3] Q. Did you and Mr. - let me see if your memory is [4] jogged -- did you and Mr. Hancock ever have any discussion [5/ concerning Monsanto's having sold styrene tars to a company [6] in which Ralph Lowe was involved? 17] A. I don't recall any discussion on that. [8] (Papageorge Deposition Exhibit 60marked for [9] identification.) [10/ (Witness peruses said document.) [Ill MR. HUGHES: We've handed Mr. Papageorge what's [121 been marked as Exhibit 60, a one-page memorandum with [13] production number STG 1604373 and the handwritten date on it [14] 9-21-83; and containing handwriting and a copy of an article [15] entided "State Plotting Cleanup Of Waste Site That Now 116] Borders New Subdivision." [17] BY MR. HUGHES: [18/ Q. Did you ever receive a copy of this document [19] while you were with Monsanto, Mr. Papageorge? [20] A. I don't recall this at all. [21] Q. And l realize this is at a time when you had [22] changed assignments to Monsanto Industrial Chemicals;__________ Page 754 [1] correct? [2] A. That is correct. [3] Q. After you had made that switch to Monsanto [4] Industrial Chemicals, Dr. Callis succeeded you as DEO qf [5] what was then called Monsanto Fibers and Intermediates; [6] correct? [7] A. Correct. [8] Q. In any event, theorganization that had [9! responsibility for the Texas City plant, the DEO was then [10] Dr. Callis? [11] A. Correct. [12] Q. After thatreorganization took place, did Dr. [13] Callis ever contact you u> ask whether you had any knowledge [14] from the period that you were DEO at - with responsibility [15] for the Texas City plant, concerning a site in Friendswood, [16] Texas, where it was alleged Monsanto had sent styrene tars? [17] A. No, Friendswood Texas was not mentioned in any [18] discussions, to my recollection, with Dr. Callis. [19] Q. Did Dr. Callis contact you from time to time when [20] he started working on a master to ask you what you had known [21] during the period you had responsibility for the operating [22] company in which the Texas City plant was located?___________ Page 755 [1] A. On occasion, yes. [2] Q. On any of those occasions, did he ask you about [31 JOC Oil? [4] A. I don't recall any discussion with JOC OH. [5] Q. On any of those chemicals did he ask you abotu [6] Phoenix Chemical Company? [7] A. No. [8] Q. In any of those conversations did Dr. Callis ask [9] you about Ralph Lowe? [10] A. Not that I recall, no. [11] Q. In any of those conversations, did he ask you [12] about the Lowe Chemical Company, or the Hard-Lowe Chemical [13] Company? [14] A. No. [15] Q. Did Dr. Callis ever contact you and ask you about [16] an entity called Dixie Oil Processors ? [17] A. No. [18] Q. Did he ever call you and ask you about Brio [19] Refining? [20] A. No. [21] Q. When you teamed - when you heard the name "Brio [22] Refining" and that there had been an allegation that___________ Page 756 [1] Monsanto had sent materials there, did you have any [2] conversations after tlutl with Dr. Callis - [3] A. No. [4] Q. - to get informationabout what theallegations [5] were? [6] A. No. [7] Q, Did you becomeaware, by any means in the 1980's, [8] of a litigation by a plaintiff named Slaughter against [9] Monsanto and others, arising out of a chemical plant site in [10] Texas? [11] A. I recall the name "Slaughter.11 1 recall the [12] litigation, but I don't recall the details at all. [13] Q. Were you ever interviewed by anyone on behalf of [14] Monsanto in connection with the Slaughter litigation? [15] A. No, I don't remember that at all. [16] Q. How did you team of the Slaughter litigation? [17] A. I don't know. I don't remember. All I remember [18] is the name and the fact that it was litigation associated [19] with that name. [20] Q. Did you have an understanding that it arose otu [21] of a site in Texas? I [22] A. Yes. Page 757 [1] Q. Near the Texas City plant, in the Texas City [2] region? [3] A. In that area, yes, sir. [4] Q. And were you made aware of what allegations had [5] been made against Monsanto in that litigation? [6] A. 1 don't recall them now. [7] Q. Were you ever made aware that there was an [8] allegation that Monsanto had sent various chemical [9] substances to this site and that they were inappropriately Page 750 to Page 757 202-347-3700 ACE-FEDERAL REPORTERS, INC. WATER PCB-SD0000063803 BSA Depo of: WILLIAM B. PAPAGEORGE Monsanto v Aetna February 10, 1993 CR: 54388.0 XMAX(13) [10] put into landfills? [11] A. As I said earlier, I don't remember the details [12] of the allegations. [13] Q. Were you aware that that case went to trial? [14] A. No, I don't know that. I don't remember that, [15] no. [16] Q. A rather lengthy trial? You didn't know that? [17] A. I don't remember that, no. [18] Q. Did you ever see any reports about Monsanto 's ]191 having prevailed in that trial? [20] A. I don't remember that. [21] Q. Did anyone ever contact you, Mr. Papageorge. to [22] ask whether you had any knowledge that would be of any use Page 758 [1] in the litigation between the Slaughter plaintiffs and [2] Monsanto? [3] A. No. [4] Q. Mr. Papageorge. while you were Director of [5] Environmental Operations of MCI, did your DEO group [6] subscribe to any publications that reported on environmental [7] or pollution issues? In other words, thatfocused on those [8] issues? [9] A. We certainly had publications. I've forgotten [10] the specifics, other than the Federal Register, 1 remember [11] that one. There were some journal - there was a journal [12] that had the environmental - I've forgotten the names of [13] them. Of course, we had access to the Monsanto library, [14] which carried many of these types of publications. [15] Q. Were there any publications that you can teli us [16] aboiu that the DEO group made an effort to monitorfor [17] either legal or factual developments? [18] A. Not that type of monitoring, no. I'm not aware [19] of[20] Q. And what - how are you using die term "dial type [21] of monitoring"? [22] _____ A. When you described it "legal and factual."__________ Page 759 [1] Q. What type of monitoring, if any, cfperiodicals [2] was done in the DEO group while you were there? [3] A. We, of course, monitored for regulatory activity, [4] proposed regulations. That was our primary interest. [5] Secondarily, we would try to keep updated on regulatory [6] activity performed by agencies on sites, to determine [7] whether a similar situation could occur with Monsanto's MCI [8] units. In other words, to leant from others' experiences. [9! We would monitor articles that related to analytical methods [10] and we would monitor articles relating to toxicity studies, [11] health effects. That's ail that comes to mind at the [12/ present. ]13] Q. Now, you indicated that you tried to keep up with [14] regulatory activity at other sites to see if something [15] similar coidd happen to MCI, to team from odters' problems. [16] A. Yes, that was [17] Q. Were diert' specific sources that you looked to [18] for diat information? And by diat, 1 mean publications of [19] any kind. PO] A. I'm sure there were. I just don't recall their pi] title any longer.* 11 P2]_______ Q. Did you - you indicated you monitored for___________ Page 760 [1/ regulatory activity and proposed regulations. Clearly, you PI did dtat on die federal level through the Federal Register: [3] correct? 14] A. That is right. [5] Q. Did you make any similar effort to monitor [6] regulatory activity in die States where MCI had facilities? [7] A. To a lesser degree, we relied primarily on the ]8] plants to send us copies, and did our monitoring through the [9] plants. [10] Q. While you were the DEO of MCI, did your group [11] subscribe to a publication called the Texas pollution [12] reporter? [13] A. No, not to my knowledge. [14] (Discussion off the record and luncheon [15] recess from 12:05 to 1:21.) [16] (Papageorge Deposition Exhibit 61 marked for [17] identification.) [181 (Witness peruses said document.) [19] MR. HUGHES: I've handed the witness Papageorge PO] Exhibit 61, a memorandum with attachments. The memorandum PI] is dated August 13th, 1982, from G. M. Rinaldi to F. C. P2] Himes: Subject, "8/6/82 meeting with TDWR/Galveston Page 761 ]1/ County." The entire document is production numbers MCO P] 6551695 to 1708. [3] BY MR. HUGHES: [4] Q. And Mr. Papageorge, things might move more [5] quickly, if it was acceptable to you, ifyou re-reviewed [6] dtat document just to familiarize yourself and then I'll [7] direct your attention to particular parts. If you feel a [8] need to read anything further to answer my questions, dien [9] you just let me know dust. [10] A. Very good. [11] (Witness peruses said document.) [12] A. (Continuing) I have glanced through the [13] document. [14] BY MR. HUGHES: [15] Q. Okay, Mr. Papageorge, let me turn to the page I'd [16] tike to start with, which is the one ending on Bates number [17] 703: and what I'm hoping to do, Mr. Papageorge, is see if we [18] can nail down the North 80, in your mind. [19] A. Yes, sir. PO] Q. This is a map of the North 80, and this whole pl] repon is on the North 80. P2] A. Okay. Page 762 [11 Q- l^u understand dust? P] A. Yes. [3] Q. And this is a map of die North 80. All right? [4] And let me go through some of the characteristics that we [5] have of the North 80, here. First, you will recall we [6] discussed to a certain extent when we met in January die [7] issue of an owner of a bait camp having some complaints [8] about a Monsanto site. Do you recall dtat? [9] A. I do. [10] Q. And the record will speak for itself what you [11] said last time, but you note in dtis map cf the North 80, [12] there is a bait camp indicated along the north side of [13] Monsanto property? [14] A. Yes. [15] Q. And you do recall, I take it, a Monsanto site [16] owned by Monsanto where there was a bait camp at one edge of [17] the site? [18] A. I do. [19] Q. Now, you'll also note in this map of the North PO] 80, there's an indication of a pump station at the north end PI] of Monsanto's property near the bctit camp. P2] A. I see that. Page 763 [1] Q. And that's another thing dtat you recall as being PJ a physical characteristic of a Monsanto site. [3] A. Correct. [4] Q. Correct? Now, there was also some confusion [5] about sea walls, and east and west of die sea wall and ail [6] of dtat. [7] MR. SARFATTI: Object to your characterization of [8] what the discussion may have been. [9] MR. HUGHES: The record will speak for itself. [10] MR. SARFATTI: Agreed. [11] BY MR. HUGHES: [12] Q. There is a, a tine on die page that we're looking [13] at in Papageorge Exhibit 61, representing die sea wall off [14] of Galveston Bay, naming through die North 80 property. [15] MR. SARFATTI: I'm sorry, are you referring to a [16] line that's referred to as "sea wall"? [17] MR. HUGHES: No, I pointed. It's the line, the [18] double line that goes past the borrow ditch. [19] A. I interpret that double line as a road. PO] BY MR. HUGHES: PI] Q- Okay, and there was a road on top of the sea P2] wall? Page 764 [l] A. On top of the wall, yes, sir. P] Q. Fair enough. That's probably a better [3] description. Now, 1 don't dunk there's any dispute among [4] die lawyers that the North 80 site was on both sides cf die [5] sea wail, both on the Galveston Bay side and on the west [6] side cf the sea wall [7] A. Yeah,1 have noargument there. [8] Q. Okay, and in addition, along the sea wall of die ACE-FEDERAL REPORTERS, INC. 202-347-3700 Page 757 to Page 764 WATER PCB-SD0000063804 BSA Depo of; WILLIAM B. PAPAGEORGE Monsanto v Aetna February 10, 1993 CR: 54388.0 XMAX04) ]9] North 80, there was a borrow ditch to the west side, away 110] from Galveston Bay? [II] A. That's the body of water that 1 referred to. f12] Q. And does the depiction on this map comport with [13] your recollection of roughly where you saw that body of [14] water at the North 807 US] A. Yes, it does. [16] Q. Okay, and in addition, although it's not shown on [17] this map, l don't think there's arty dispute m the record [15] that Monsanto had a fire training area at the North 80. Do [191 you recall seeing a fire training area ? [20/ A. No, I don't. [21] Q. You don't recall seeing that at any site, l take P-21 it? Page 765 [1] A. No. [2] Q. And if we mm to the page ending in 696, which [3] is the second page of the entire exhibit - [4] A. I have it. [5] Q. - there's a reference in the second paragraph [6] from the bottom about a claim - well, it says, quote, [7] "Steve Reynolds, proprietor of the adjacent Dollar Bay Bait [8] Gimp, " in paren, "(claimed to own his land), " and it goes [9] on. [10] Now, did you associate the name Steve Reynolds [11] with the bait camp owners which we were talking about? [12] A. No, I've forgotten theman's name. [13] Q. But there was, I take it, only one bait camp [14] owner who you recall having made any complaint about a [15] Monsanto site? [16] A. Correct. [17] Q. And as indicated in this memorandum, that's a [18] bait shop at the North 80 site? [19! A. That is correct. [20] MR. HUGHES: Let me have this marked. [21] (Papageorge Deposition Exhibit 62 marked for [22] identification.) 1 11 Page 766 [1] MR. HUGHES: We'vehadmarked as Papageorge [2] Exhibit 62. a memorandum dated July 7, 1982, horn F. C. [3] Himes to lan Brasfield, with attachments. The entirely [4] document is STG 3414150 to 164, and Mr. Papageorge, you have [5] turned to the page ending in 152, which is where I'm going [6] to start. You can review as much of the document as you [7] think necessary first, but that's the page I would like to ]8] ask you about. [9] A. I have glanced through the document and I'm back [10] to page 152. [11] Q. Okay, looking at that page 152, do you recognize [12] that as a map of at least part of the Texas City, Texas 113] area? [141 A. Yes. [15] Q. Okay. [16] A. I'm no authority on the area, but this is my [17] understanding of the area. [IS] Q. I don't believe that there'll be any dispute in [19] the evidence that the trapezoidal, is probably the correct [20] term, shape, shaded shape along Galveston Bay on this map, [21] approximately two inches down on the right-hand side of the [22] map of the land, is the location of the North 80. You know______ Page 767 [1] there's the borrow ditch through the center, and so on. [2] Okay? [3] A. That's my understanding, yes, sir. [4] Q. Okay, and that's consistent with your memory of [5] where the North 80 was in relation to Galveston Bay? [6] A. Yes, sir. [7] Q. Do you recall tluu it was slightty, a slight [8] distance away from a larger body of -- well, from a smaller [9] body of water than Galveston Bay called Dollar Bay? [10] A. I don't remanber the name Dollar Bay, but I do [11] remember a bigger body of water than'the water on the site, [12] itself. [13] Q. And if we go down, all the way down to the [14] bottom, approximately, straight vertical line down on this [15] map, do you recognize the shaded area at the bottom of the [16] map along the Galveston Bay to be the Texas City plant site? [17] A. Yes. That's my recoDection. [18] Q. So that your recollection is clear today that you [19] would go north from the Texas City plant - and we've got [20] various estimates of approximately how far, but a certain [21] distance north to arrive at the North 80 site owned by [22] Monsanto?______________________________________________ Page 768 [1] A. That's correct. ]2] Q. Have you ever heard of another body cf water in [3] the Texas City area called Swan Lake? [4] A. Swan Lake. I don't remember that term. [5] Q. We'll leave that, then. [6] Now let me see if 1 can summarize, Mr. [7] Papageorge, to see if we've now got a picture in our minds [8] tluu it's the same site down there in Texas City. We've got [9] a site a couple of miles or so north of the plant, right on [10] Galveston Bay, correct? [11] A. That is correct. [12] Q. And it's a site through the middle of which there [13] was a road on top of a sea wail? [14] A. It's approximately middle,all right, yes. [15] Q. I don't want to quibble whether it's perfectly [16] bisecting. There was part of the site was on either side cf [17] the sea wall in the road. [18] A. That's correct. [19] Q. And on the west side of the sea wall, away from [20] the bay, there was this borrow ditch with some water in it. [21] A. Correct [22]_______ Q. And at the north end of the site, there was a Page 769 [1] bait shop? [2] A. Correct. [3] Q. Which you understood the owner of which made some [4] kind of claim against Monsanto, right? P] MR. SARFAlTl: Objection to the term "claim," if [6] you are trying to mischaracterize - if you are trying to m characterize his prior testimony. [81 A. He made some allegations regarding disrupting his m business. [101 BY MR. HUGHES: mi Q. Fair enough. I believe that's consistent with [121 wiuu you said last time. And it is now clear in your mind [131 tluu that occurred at the North 80 site? [141 A. Yes. [15] Q. And similarly, there were these pumps as part of [16] an irrigation system at the northern part of the site, [17] correct? [18] A. I don't associate the pumps with irrigation so [19] much as - [20] Q. Flood control? [21] A. Flood control, water control. [221 ______ Q. You are absolutely right. I misspoke. There_________ Page 770 [1] were some pumps there forflood or water coturol purposes of [2] the governmental agency, there. [3] A. Correct. [4] Q. Not cf Monsanto. PI A. Correct. [61 Q. Okay. Now, with tluu picture of the North 80 in [7] your mind, let's go back to the knowledge tluu you had PI concerning environmental issues at the North 80, caul when PI you learned cf them. You gave a fairly - and I'm going to [10] use an adjective you might quibble with. Let's just say you [111 testified about it when we met in January. You recall tluu? [121 A. I did. [13] Q. And then some confusion intervened in, 1 won't [14] attribute it to any particular person; confusion was in the [15] air at the end cf the deposition concerning wiuu you lutd in [16] mind as the North 80 site. [17] A. I recall that. [18] Q. Having gone through these maps and drawings of [19] wiuu war at the North 80 site, is it fair to say tluu in [20] your last sessions when you gave testimony concerning your [211 hwwledge of the North 80 site, that you were referring u> [22] this site that we're looking at in Papageorge Exhibits 61_______ Page 771 [1] and 62? [21 MR. SARFATTI: Objection. [3] A. The confusion you described also applied to me at [41 the end of our discussion because I, I may have referred to PJ this as the South 20, when in my mind I had a picture of [6] this body of water, and the pumps, and the bait shop, and [7] the sea wall. I'd have to look at the transcript again to Page 764 to Page 771 202-347-3700 ACE-FEDERAL REPORTERS, INC. WATER PCB-SD0000063805 BSA_________________________________Depo of: WILLIAM B. PAPAGEORGE Monsanto v Aetna February 10, 1993 CR: 54388.0 XMAXdSi [8/ see just what terminology I used when I was describing this [9] site. I may have used the expression "South 20." All the [10] time in my mind, I had this site, which we now have (111 BY MR. HUGHES: [121 Q- Clarified? [131 A. Identified and clarified, as theNorth 80. [141 Q Well, when you weregiving testimony the last [15J time concerning, putting to one side the Texas City Wye. [16] which we recognize is a different site -- [171 A. Correct [IS] Q. - when you were giving testimony as to another [19] site and your knowledge concerning environmental - the [20] environmental situation at that site, did you always have in [21] your mind a picture of this site that we've now talked about [22] in the last ten minutes?_______________________________________ Page 772 [1] MR. SARFATTI: Objection. You are not - well, [2] objection as to form. [3] A. I don't recall everything I said last time we [4] were together, but whenever - as an example, I mentioned a [5] sheen. [6] BY MR. HUGHES: [7] Q. Correct. [SI A. I saw the rainbow sheen on this body of water [9] that I now associate with the area described as North 80. [10] Q. Very good. [Ill A. I may have mentioned in my previous testimony and [12] used the word "South 20" in error. [13] Q. You also made reference, 1 believe, to [14] allegations of seepage by the Texas regulators. [15] A. I did. [16] Q. When you made that reference, did you hetve in [17] mind the site that now in the last ten minutes or so we have [IS] clarified as the North 80? [19] A. As best I remember, those allegations applied to [20] both sites. [21] Q. I believe you are correct, Mr. Papageorge. Can [22] you tell its, now that we have clarified in your mind the________ Page 773 [1] picture cf the North 80, is it still accurate that you [2] learned of - you received information concerning the [3] environmental situation at the North 80 soon after you took [4] over as DEO of Monsanto Chemical Intermediates? [5] A. Yes. [6] Q. And I believe last time we met, you thought it [7] was probably before the end of 1977 -- [8] MR. SARFATTI: Objection. [9] BY MR. HUGHES: [10] Q. - that you obtained information concerning the [111 North 80 and environmental allegations. [12] MR. SARFATTI: Objection. [13] A. As best I recall, it was shortly after 1 was made [14] the DEO, I would put that in the latter quarter of '77, on a [15] visit to the plant. [161 BY MR. HUGHES: [17] Q. And at that time, you actually visited the North [181 80 site? [19] A. That was my first visit, yes. [20] Q. On that trip to the Texas City plant, were you [21] given information about allegations of the State regulators1 11 [22] concerning the North 80?_____________________________________ Page 774 [1] A. Yes, that's when I was informed that the State [2] was interested and it looks like they found something. I [3] didn't, at the time, get hard numbers, so to speak, other [4] than that the State was interested and they think they saw [5] something. [6] Q. Mr. Papageorge, after seeing - ctfter this visit [7] to the Texas City plant when you first saw the North 80, [8] were there discussions among individuals at - in St. Louis [9] concerning environmental issues presented at the North 80? [10] MR. SARFATTI: Objection: lack of foundation. [11] BY MR. HUGHES: [12] Q. In which you participated; sorry. [13] A. 1 don't recall exactly under what circumstances I [14] shared this information with others. I do know that [15] sometime soon after that, 1 had informed enough individuals [16] that the environmental policy staff was aware of it. and of [17] course, my team was aware of it, and my boss, and so on. [18] Q. Your boss being Dr. Dmytryszyn ? [19] A. Dr. Dmytryszyn, and of course, that would have [20] happened within days, really, or at most a month. [21] Q. Now, am l correct, Mr. Papageorge, that the North [221 80 continued to be an issue that you were addressing during Page 775 [1] the entire period that you were the Director of [2] Environmental Operations for MCI? [3] A. It was still an open issue. The amount of time I [4] spent on it, of course, varied. It was my role to see that, [5] at least in my opinion, that things were being well managed [6] and that proper actions were being takai. [77 Q. Did you participate in any discussions concerning [8] the North 80 and whether any federal agency ought to be [9] informed of the situation there? [10] A. I don't remember that subject coming up. [11] Q. Mr. Papageorge, am 1 correct that at some point [12] in, during the last year that you were the DEO of Monsanto [13] Chemical Intermediates, from 1982, the activity concerning [14] the North 80 picked up during that year? [15] A. As best I recall, that is correct. Mm-hmm. [16] Q. And that Monsanto actually began a more in-depth [17] investigation of whether some kind of remediation was [18] necessary at the North 80 during the year 1982? [19] A. Correct. [20] Q. And in fact, last time you may recall we looked [21] at a memorandum that talked about a Managing Director's [22] Review concerning the North 80. Page 776 [1] A. Yes. [2] Q. And am l correct that that related to this more [3] in-depth investigation of whether remediation was required [4] at the North 80? [5] A. Well, that was certainly discussed as part of the [6] overall subject, mm-hmm. [7] Q. And I'm sorry, Mr. Papageorge, I've forgotten. [8] The Managing Director in 1982 was which one of the three? [9] A. I think it wasMr.Reese, the best Irecall. [10] Q. Okay. Allright, and were you actually present [11] at a meeting where the situation at the North 80 was [12] described to Mr. Reese? Not necessarily by you, but were [13] you present during such a meeting? [14] A. Yes. The reason I'm hesitating, I'm wondering [15] now if it was Mr. Cunningham. '82. [16] Q. You did indicate he was die third, and this is [17] your last year as - [18] A. Yes, it was Mr. Cunningham. [191 MR. HUGHES: Okay. [20] (Papageorge Deposition Exhibit 63 marked for [21] identification.) [22] _______ (Witness peruses said document.)________________________ Page 111 [1] MR. HUGHES: We've had marked as Papageorge 12] Exhibit 63 a document, a cover memo dated May 7, 1982, from [3] G. M. Rinaldi and Raeann Reid to F. C. Himes with a 28-page [4] attachment. I'm not going to ask you to read it all, Mr. [5] Papageorge. [61 THE WITNESS: All right. [7] MR. HUGHES: MCO 6552343 to 371. [8] (Witness peruses said document.) [9] BY MR. HUGHES: [10] Q. (Continuing) Mr. Papageorge, were you involved [11] at all in making a decision in 1982 diat in connection with [12] die more detailed investigation concerning die North 80, a [13] search of die Texas City files should be made? [14] A. Oh, I was aware of that need. I had discussed it [15] with my staff and was aware also that my staff had gone to [16] the plant, in essence, requesting or suggesting very [17] strongly that such a literature search be made, a file [18] search be made, so I was, I was involved in that fashion. [19] Q. And do you recognize this exhibit as one that you [20] received which summarized the results of a search of the [21] Texas City files diat had been performed 7 [22] _______ A. I do recognize this. I recognize my writing.________ Page 778 [1] Q. And which pan of die handwriting on the first [2] page is yours? ! [3] A. The bottom of the page, below the author's j [4] signatures. ' [5] Q. Okay, could you read it for us. die pan dust's I [6] yours? ACE-FEDERAL REPORTERS, INC. 202-347-3700 Page 771 to Page 778 WATER PCB-SD0000063806 BSA Depo cf: WTTIJAM B. PAPAGEORGE Monsanto v Aetna February 10, 1993 CR; 54388.0 XMAXQ6) [7] A. That's "5-19-82," arrow to "M.D.," "FY1. It /V/ appears T.C. Plant does not adhere to records retention [9] policy, P." 1101 Q. "M.D." was Myron Dmytryszyn? [11] A. Correct. [12] Q. Mr. Papageorge, why did you make that comment [13] concerning the Texas City plant's document retention or [14] records retention policy? [15] A. As best I remember it, I was impressed with the ]16] volume of information that the plant was able to gather, and [17] then I noted that the dates of some of the material struck [IS] me as bring of the type that indicated that these records [19] were retained longer than the policy that Monsanto bad was [20] suggesting, so I just decided to share that thought with my ]2l] boss. [22]_______ Q. In May of 1982, what did you understand to be______ Page 779 [1] Monsanto's records retention policy insofar as the length of [2] time to maintain records? [3] A. Gosh, I forgot the details. I'd have to look at [4] the, the booklet that was issued to all employees. [5] Q. Were you concerned, Mr. Papageorge, in May of [6] 1982 that because the Texas City plant had retained records [7] far beyond that period required by Monsanto, that there ]8] would be u>o much information available about events at the f9] Texas City plant? [101 A. I don't recall that that thought occurred to me. [11] I kind of felt that all this background data might be [12] helpful, instead of the very sketchy tile with a lot of [13] guessing as to what happened. [14] Q. Did you have [15] A. I [16] Q. I'm sorry, l didn't mean to interrupt. [17] A. I don't recall at this time any thought that the [18] data that was in those files would have been harmful. [19] Q. You were not troubled by the fact that there was [20] information, detailed information going far back into the [21] past that might be available to the regulators? [22] _____ A. Not really.________________________________________ Page 780 [11 (Papageorge Deposition Exhibit 64 marked for [2] identification.) [3] BY MR. HUGHES: [4] Q. Mr. Papageorge, did you and Mr. -- Dr. Dmytryszyn [5] ever have a conversation concerning the records retention 16] A. I don't remember. [7] Q. - at Texas City? I'm sorry? [8] A. I don't remember. [91 Q. Did you have discussion concerning records [10] retention at Texas City with anyone else? [111 A. Not that I recall. [12] Q. Did you ever receive any information about the [131 Tacts City plants destroying any documents? [141 A. No. [15] MR. HUGHES: I've had marked as Papageorge 64 a [161 document with a cover page, "Overall Assessment Of Texas [17] City's North 80 Disposal Site, a Presentation For Review By [IS] MCI Senior Management." It's dated June 19, 1982, [19] production number CBY 1900848 to 916. [201 (Witness peruses said document.) [21] BY MR. HUGHES;1 11 [22]_______ Q. And Mr. Papageorge, what I'm primarily interested Page 781 [1] in in this document is whether, first of ail, whether you [2! recognize this as a record of a presentation that was made [3] to the Managing Director cf Monsanto Chemical Intermediates [4] concerning the situation at the North 80 in June of 1982. [5] A. It appears [6] MR. SARFATT1: Objection; lack of foundation. [7] A. It appears to be that. [SI BY MR. HUGHES: [9] Q. You were present at that presentation ? [10] A. 1 recall it, yes. [11] Q. At that presentation, was a, a copy of the [12] overheads to be used, and so on, provided to you? [13] A. Oh, that I don't remember. [14] Q. Okay, at any time, did you receive a record of [15] the presentation that had been given to the Managing [16] Director? [17] A. I don't remember that, either. [18] Q. Nonetheless, having reviewed what we've marked as [19] Papageorge 64, you are able to recognize that as parts cf a [20] presentation that were given to the Managing Director, [21] correct? [22] _____ A. WeO, 1 recognize pieces of it as part of that_______ Page 782 [1] presentation. I cannot speak for every page in this [2] particular exhibit. [3] Q. That's fair enough. And let's see. We've now, [4] we've now determined it was Mr. Cunningham at the time? [5] A. As best I recall, yes. [6] Q. And was Mr. Cunningham present? [7] A.Yes. [8] Q. Obviously. [9] A. That was his meeting. [10] Q. Were there any lawyers present? [11] A.No. [12] Q. You were there. Were there any other members of [13] your DEO staff at the Managing Director's Review? [14] [15] A. I honestly don't know. I don't know. Q. And do you recall that Mr. Himes and Mr. Tromblee [16] were there? [17] A.Yes. [18] Q. Are they the ones who actually gave the [19] presentation? [20] [21] A. Yes. Q. Did one of thetwo of them appear to be the [22] primary presenter?_________________________________________ Page 783 [1] A. Mr. Himes did most of the presentation. [2] Q. Did Mr. Cunningham ask any questions ? [3] A. Oh, yes. [4] Q. Can you tell us any cf them? [5] A. I don't remember the details, no. [6] Q. At the end of the Managing Director's Review, did [7] Mr. Cunningham give any instructions to those in attendance [8] as to whatfurther work he would like to see done? [9] A. I recall Us instructions. 1 don't recall what [10] they were. [11] Q. So you are recalling that he did give some [12] instructions? Is that right? [13] A. Yes, inm-hmm. [14] Q. But you don't remember the content? [15] A. No, I don't. [16] (Papageorge Deposition Exhibit 65 marked for [17] identification.) [18] (Witness peruses saiddocument.) [19] MR. HUGHES: We've had marked as Papageorge [20] Exhibit 65 a document with a routing slip as the first page, [21] with a date of 1-10, unspecified year, and then an attached [22] article. Unfortunately, all of the Bates numbers aren't________ Page 784 [1] showing up, so for the record, I'U describe it by the [2] microfilm numbers, which is MST 79-1092 through 1100. [3] BY MR. HUGHES: [4] Q. Mr. Papageorge, did you subscribe to the "Texas [5] Monthly" while you were a DEO? [6] A. No. I did not. [7] Q. In the attachmem to this exhibit, which is an [8] excerpt from the "Texas Monthly" of February 1979, there's [9] an article called "The Seep Cf Death. " Did that article [10] come to your attention while you were a Director of [11] Environmental Operations at MCI? [12] A. 1 do not this article. [13] MR. HUGHES: Okay. [14] (Discussion off the record) [15] BY MR. HUGHES: [16] Q. In 1979, were you ever informed of an article [17] concerning the Texas City Wye that appeared in the [18] publication of, the "Texas Monthly"? [19] A. 1 don't recall receiving that information. [20] (Discussion off the record) [21] BY MR. HUGHES: [22]_______ Q. Now, in addition to addressing the Texas City_______ Page 785 [1] Wye, Mr. Papageorge, if it's okay ff l come over and show [2] you the page, because the numbers are not die best, it's the [3] micrcfilm number 1096, and there's a paragraph a little over [4] halfway down the page that states, quote, "Property cleaning [5] up these sites would be an expensive and dangerous job. _ Page 778 to Page 785 202-347-3700 ACE-FEDERAL REPORTERS, INC. WATER PCB-SD0000063807 BSA Depo of: WILLIAM B. PAPAGEORGE Monsanto v Aetna February 10, 1993 CR: 54388.0 XMAX07) [6] Nowhere is this more obvious than at the chemical plant four f7J miles east of Friendswood, a rapidly developing suburb of [8} Houston. Opened in 1962 by Ralph Lowe, now mayor of [9} Friendswood, the site ran into trouble in 1975. Lowe hw (10] trying to dispose of 300,000 gallons of vinyl chloride and fill had arranged to have it hauled to Brazoria County, where, (121 stale officials say, it was dumped at an unauthorized (13/ construction site. They obtained an injunction against 114] Lowe, and the hauling ceased. " [15] Then the next paragraph goes on to describe the [16] purchase of the site by the JOC Oil Company. [17] Does that refresh your recollection as to whether ]18] it was ever brought to your attention in, while you were the [19! DEO of MCI that there was an article addressing the JOC Oil [20] site in Friendswood. Texas, that was contained in the Texas [21] Monthly"? [22] ______A. No, it doesn't____________________________________ Page 786 [1] (Papageorge Deposition Exhibit 66 marked for [2] identification.) [3] MR. HUGHES: We've marked as Papageorge Exhibit [4] 66 a three-page document. It's a transmittal slip dated [5] July 2, 1979, from R. L. Neunreiter to a distribution list [6] with an attached two-page article, production numbers MCO [7] 0037772 to 74. Mr. Papageorge, I'm not going to ask you to [8] strain your eyes and read that article in detail, okay? [9] - A. Thank you. [10] Q. On the first page of this exhibit, you are shown [11] as one of the addressees. Correct? [12! A. I see that, yes, sir. [13] Q. Did you from time to time receive from Mr. [14] Neunreiter articles that I guess he decided were interesting [15] eiwugh to circulate? [16] A. Yes. [17] Q. How frequently did you receive articles from Mr. [18] Neunreiter? [19] A. Oh, golly, there was no set pattern. I have no [20] way of quantifying it. Very sporadic kind of communication [21] from him. [22] _____ Q. For the record, who was Mr. Neunreiter in July of Page 787 [1] 1979? [2] A. In '79, he was a public relations employee of [3] Monsanto, working for Monsanto Chanical Intermediates [4] Company. [5] Q. Do you recognize this document, Mr. Papageorge? [6] A. I don't recognize it, no. [7] MR. HUGHES: Off the record. [8] (Recess ftom 2:15 to 2:20.) [9] EXAMINATION [10! BY MR. OMROD: [11] Q. Good afternoon, Mr. Papageorge. [12] A. Good afternoon. [13] Q. I family get my opportunity. My name is Robert [14] Omrod, and I represent one of the other insurance companies [15] in this case, North Star Reinsurance Corporation. We're an [16] excess carrier, and we're one of the Defendants in this [17] litigation. Some follow-up, what I'll be doing, [18] essentially, this afternoon is follow-up testimony or [19] follow-up questioning, so we may bounce around a bit, and 1 [20] apologize in advance for doing that. 1211 Starting with the testimony you gave regarding1 11 ]22] the North 80, just after the lunch, in response to Mr.__________ Page 788 [1] Hughes' questioning, you said that sometime in the last [2] qmrter of 1977, after you became DEO for the MIC, you [3] became aware of environmental allegations made by a State [4] regulatory authority regarding, if / recall your testimony, [5] allegations of seepage from the North 80. Do you recall [6] that? [7] A. I recall that, yes. [8] Q. What were the allegations at that time tlmt the [9] State regulatory authority was making? [10] MR. SARFATTI: In late 1977 is what you are [11] referring to? [12] MR. HUGHES: This is, if - and correct me if the [13] time frame is wrong, but I have written down in my notes [14] that it was in the late, or rather the last quarter of 1977. [15] just after you became DEO. [16] A. That is my best recollection of the timing, and [17] the allegations, as I recall them, were that someone in the [18] State agency had determined that there were rhanirak in [19] some water samples taken at or near the ste and they were [20] at that point, not positive as yet, and they were conducting [21] further study, but it appeared from their preliminary [22] evaluation of their data that what they were seeing could Page 789 [1] well have come from the North 80 site. That's all I recall [2] about the allegation. [3] BY MR. OMROD: [4] Q. And were these samples that you referred to in [5] your testimony samples taken from the borrow ditch that ran [6] in the North 80? [7] A. That was my understanding. [8] Q. Was the State at that time asking Monsanto to [9] take any corrective action or to do anything in response to [10] their allegations of seepage from the North 80 site? [11] A. Not yet, to my knowledge. [12] Q. When did that request happen? [13] A. Oh, several years later. I've forgottm. 'SI, [14] '82, '83, somewhere in there. [15] Q. And that's when the request came from the State [16] regulatory authority? [17] A. I don't recall the request so much, but that's [18] when Monsanto was actively seeking more information and [19] arranging for whatever remedial action was considered [20] appropriate. [21] Q. Now, you also testified that you recall seeing a [22] rainbow sheen on the borrow ditch. Do you recall that________ Page 790 [1] testimony? [2] A. Yes. [3] Q. And when, just the time frame, when do you recall [4] seeing that? [5] A. As best I remember, it was my first viat, and it [6] wasn't on all of the water, it was just along one edge, as I [7] recall. [8] Q. And that was in, in 1977? [9] A. Yts. [10] Q. And that was consistent with the allegations made [11] by the State? [12] A. Not necessarily. What they had analyzed for may 113] not have been present in that sheen. [14] Q. By what they had analyzed for may not be present [15] in the sheen, the sheen, [ take it, reflected, in your mind, [16] the presence of organic chemicals on the water? [17] A. It reflected, really, some oily material that's [18] lighter than water that floated on the surface and gave that [19] rainbow image. [20] Q. And based on what you were told at the time when [21] you observed that sheen, was that, was that evidence of the [22] seep that the State was concerned about?______________________ Page 791 [1] A. Not necessarily evidence, but that could be the [2] kind of thing the State is talking about. [3] Q. You testified at that point, the State had raised [4] allegations of seeping from the North 80. You observed the [5] sheen of a rainbow sheen on the north, or on the borrow [6] ditch ? [7] MR. SARFATTI: I'm going to object to the [8] characterization of the testimony. 19] A. Yeah, the two thoughts may not be related or may [10] or may not be. The State found something. I saw something. [11] They may or may not be the same thing. [12] BY MR. HUGHES: [13] Q. They both occurred in and around the same time? [14] A. Oh, no, the State had taken these samples long [15] before I arrived at the plant, but sometime early on that [16] year; several, several months before about, as I remember. [17] Q. So the State had taken samples from the borrow [18] ditch sometime in, earlier in 1977? [19] A. That'smy understanding. [20] Q. You were made aware of - they tested those [21] samples and made allegations regarding seepage from the [221 North 80?___________________________________________________ Page 792 [1] A. Yes. [2] Q. And you were made aware of that sometime shortly [3] after you became the DEO? [41 A. Yes. ACE-FEDERAL REPORTERS, INC. 202-347-3700 Page 785 to Page 792 WATER PCB-SD0000063808 BSA_________________________________Depo of: WILLIAM B. PAPAGEORGE Monsanto v Aetna February 10, 1993 CR: 54388.0 XMAX(18) [5] Q. And your recollection is then's sometime in the [6] last quarter of '77? [7] A. That is correct. [8] Q. Was there some point in that time frame when the [9] State, based on their testing, confirmed their conclusion [10] that the seep war, war coming from the North 80? [11] MR. SARFATTI: Objection; lack of foundation. [12] A. There was a point in time - and I've forgotten [13] just when - the State was confident that their results were [14] factual or true. I just don't recall what - when that [15] conclusion was readied. I'd be guesang. I just don't [16] remember. [17] BY MR. HUGHES: [18] Q. They started their testing sometime earty in [19] 1977? [20] A. As best I remember, yes. [21] Q. Can you give a general time frame when they, when [22] they confirmed their, their conclusions? Page 793 [I] MR. SARFATTI: 1 think it's been asked and 12] answered. [3] A. '78-'79 is as dose as I can come to it. [4] BY MR. HUGHES: [5] Q. Moving on to the subject matter of the Motco [6] site, could you - and this is a general question, and I [7] recognize that, but in order to provide me at least with [8] some understanding of your involvement, could you describe [9] for me generally your involvement with the Motco site? [10] A. I was made aware of that site at about the time 1 [11] was informed of the North 80 situation. In fad, as best I [12] remember, it was the same visit. Later on, about 19, about [13] 1978, during another visit to the plant, I had an [14] opportunity to be taken to the site. This is when I [15] actually walked on it and saw the, the lush weed growth and [16] the black material that looked like road tar? You may [17] remember I described that earlier? [18] Q. I recall that testimony. [19] A. And the tanks and the shed or buildiiig of some [20] sort, some of the fencing. It was not completely fenced in. [21] As I remember, I made maybe one or two more trips to that [22] site at subsequent visits, and that would be roughly '78-'79 Page 794 [1] period. [2] I was informed that the State regulators were [3] becoming very interested in that site. I don't know that I [4] remember anything else that's outstanding in my memory, [5] here. You remember I mentioned meeting with Mr. Lowe and [6] his offer to help dean up and meeting with Mr. Malone and [7] he had indicated that yes, he had been there and made some [8] deliveries, and that's about it, really. [9] Q. Your uivolvement with the site and the visits [10] that voit made, that occurred as part of your responsibility [11] as die DEO? [12] A. Yes. [13] Q. Did you also serve on, on an uttemal Monsanto [14] committee called the Motco task force? [151 A. No. 116] Q. Do you recall the creation of that committee? [17] Aid I nury be using the - l may have the wrong name for the [18/ committee, but do you recall the creation of an internal [19] Monsanto committee to deal with the Motco site? And my [20] recollection, 1 recall seeing a document that indicated tluu [21] you were the clutirperson of that committee. [22] A. 1 was chair of that? I sure don't remember a 1 11 Page 795 [1] task force on it. [2] MR. SARFATTI: Do you want to show him the 13] document? [4] MR. OMROD: I don't have the document. 1 would. [5] A. Don't I don't recall. I do know that was one of [6] the sites that we were keeping a close eye on. 1 don't even [7] recall who would bave been on that committee. I just don't [8] remember it. [9] MR. OMROD: If we take a break this afternoon, [10] I'll look through my files of documents. I might find it. [11] THE WITNESS: That might help. [12] BY MR. OMROD: [13] Q. You said when you, during the same, the same [14] visit to the plant, that you became or was made aware of the [15] allegations relating to the North 80, you also became aware [16] of the existence of the Motco site. [17] A. That's the best of my recollection, yes, sir. [18] Q. At that - did that occur during a visit to the [19] Texas City plant? [20] A. Yes. [21] Q. At that time, were you told about agency [22! interests in the, in the Motco site?___________________________ Page 796 [1] A. Yet. [2] Q. State agencies? [3] A. I think I said that. [4] Q. So that would also be in the last quarter of [51 1977? [61 A. Yes. [7] Q. Now, I used the words "state agency interest, ` [8] and 1 think I picked that up from your testimony. What were [9] you told about what the State agency was interested in with [10] regards to Motco? [11] MR. SARFATTI: Are you referring specifically to [12] the fiist visit in late 1977? [13] MR. OMROD: Yea. Thank you. [14] A. As best 1 recall, the concern was groundwater [15] contamination of the materials that were believed to exist [16] on that property. [17] BY MR. OMROD: [18] Q. So essentially, that the materials that existed [19] on that property were contaminating the groundwater? [20] A. That was their strongsuspidon. [21] Q. And "their, " that was the State agency tluu you [22] were referring to?__________________________________________ Page 797 [1] A. Yes. [2] Q. And at that time, had the agency, the State [3] agency expressed those concerns specifically to Monsanto? [4] A. By using the word "specifically," you mean [5] uniquely to Monsanto, or - [6] Q. Not uniquely. [7] A. Oh. [8] Q. To the exclusion of others, but had they [9] expressed those - that concern directly, I think, would be [10] a better word, directly to Monsanto? [11] A. That's my understanding, yes, sir. [12] Q. At that time in the last quarter cf '77, was - [13] during your meeting or visit at the Texas City plant, was [14] there discussion about the possibility that the Suite or [15] some other organization would begin a cleanup operation or [16] some corrective operation at, at the Motco site? [17] A. As I remember, the discussion centered around the [18] strong possibility that cleanup of some sort would take [19] place, but there was no opinion expressed as to what would P0] be done and who would do it, who would pay for it. PI] Q. So the conclusion reached at that - during your P2] first visit at the Texas City plant was that there was a_________ Page 798 [1] strong possibility that a cleanup operation would actually PI utke place? [3] A. That was - [4] MR. SARFATTI: Objection to the extent you are [5] trying to characterize his testimony, it speaks for itself. [6] BY MR. OMROD: [7] Q. Is that correct? [8] A. That was the impression that I was left with 19] after our discussion. [10] Q. Again referring to that first visit in tlte last [11] quarter of 19777, mas there also discussion concerning [12] whether Monsanto would have some financial responsibility, [13] in whole or in part, for that cleanup or corrective ! [14] activity? I [15] A. Yes, there was some, really, speculative | [16] discussion regarding Monsanto's role in this effort, and it | [17] was expressed that veiy likely, Monsanto would be involved. I [18] Q. When you say, when you say speculative [19] discussion, are you referring to a discussion of a different P0] scenario by which the cleanup would take place? PI] A. No, I call it speculative because it was not P2] based on my hard data, it was just a, almost a gut feel for Page 799 [1] the way they were getting the message that Monsanto will P] very likely be involved somehow, we don't know how, but [3] we're going to get involved. That kind of message was Page 792 to Page 799 202-347-3700 ACE-FEDERAL REPORTERS, INC. WATER PCB-SD0000063809 BSA Depo of: WILLIAM B. PAPAGEORGE Monsanto v Aetna February 10, 1993 CR: 54388.0 XMAXH9) [4] relayed to me. [5] Q. So /here was. at least among the people that you [6] talked to at the Texas City plant, their gut feeling was [7] that Monsanto would have some financial responsibility? [8] A. Well, I don't know if they used the word [9] "financial." They used the word "Monsanto will get [10] involved." [Ill Q. In the cleanup? [12] A. In the cleanup. We didn't know if it would be [13] the physical effort, the economic contribution, the public [14] relations problan, and so on. [15] Q. All of which would require Monsanto to expend [16] some funds in order for the cleanup to take place ? [17] A. Well, if all of them took place, certainly. [18] Q. And if I can recall your testimony correctly, you [19] conveyed that information that you learned while, when you [20] visited the plant, Texas City plant, you conveyed that [21] information to the Environmental Policy Committee? [22] _____ A. Yes, eyentnafly, yeah. Not the committee, the______ Page 800 [1] staff. [2] Q. The staff; excuse me. [3] A. Yes. Mm-hnun. [4] Q. And was that done at your next [5] regularly-scheduled meeting ? [6] A. Very likely. 1 don't remember the exact meeting. [7] Q. With regards to the issue as to how much money [8] would have to be spent to clean up the Motco sue - and I'm [9] not restricting this to how much money Monsanto would [10] actually have to spend, btu how much money would generally [11] be spent in cleaning up the Motco site, when did that, did [12] facts relating to how much money would be spent, when did [13] that start to develop? [14] A. Hmm- I don't recall a specific number or [15] magnitude of expenditure. As best as I recan, the problem [16] was defined as involving millions of dollars, tens of [17] millions. I don't know or I don't recan any formal [18] calculations that were made to arrive at such a number. It [19] was really somebody's best guess, with the limited [20] information available in '78-'79 period. I personally do [21] not remember a specific number associated with the Texas [22] City Wye cleanup.__________________________________________ Page 801 [1] Q. But it's your recollection tluu at least in the [2] 78-79 time period, that the best guess with regards to how [3] much it would cost to clean up the Motco site was in tens of [4] millions? [5] A. Yeah, I don't know that I'd can that the best [6] guess. That was a guess based on fragmentary information [7] because we had no idea how deep the pits were or how much [8] material was there, what it would take to get it out, on and [9] on, where it would go, and so on. [10] Q. Was tluu, was that estimate, is it fair to call [11] tluu the current estimate at the time in 1978? [12] . A. That was the best estimate anybody could come up [13] with. It was a big gut feel, if I can can it that, [14] regarding the numbers involved. [15] Q. Tluu estimate was, was reached by Monsanto [16] employees? [17] A. Yes. [18] Q. Was tluu estimate prepared based, based on your [19] request? [20] A. I don't know that it was really prepared. It was [21] just the subject came up, "What do you think of the cost"1 11 [22] and somebody threw out a number, it was discussed, and Page 802 [1] everybody accepted it because of lack of anything else. [2] Q. Do you recall whether there was anyone [3] specifically who provided that, tluu estimate? [4] A. No, I don't. [5] Q. And my senseis,from your testimony, tluu this [6] estimate was, was first raised during a group discussion of [7] some kiiul. Is duu correct? [8] A. Yes. [9] Q. Wluu group was u duU die assessment was [10] provided? [11] A. It was plant, plant representatives. [12] Q. Was diis - did diis occur at one of your [13] subsequent visits to the plant? And l say subsequent, I [14] mean subsequent to your visit in the last quarter of 1977. [15] A. Yes, I'm trying to recafi just which one. It [16] might well have been maybe the second visit or so. I just [17] don't remember. [18] Q. Do you recall at any point in time the State [19] providing estimates on what the cleanup cost would be at [20] Motco? [21] A. I don't recan any. [22] _______MR. OMROD: Let me mark this as the next. That's Page 803 [1] 67. [2] MR. SARFATTI: Can I have a representation from [3] you that every document you mark is on Mr. Hughes' list? [4] MR. OMROD: No, you can't, because this document [5] comes from the documents that Mark Manta sent you. What I [6] can tell you, because obviously it's difficult - [7] MR. SARFATTI: How are you certain of that? ]8] MR. OMROD: That's what I'm going to tell you. [9] Obviously, it's difficult, because there was no list, to be [10] absolutely certain. What I asked Mr. Manta to do was to [11] send me a copy of the documents he sent to you, and he did [12] that, and I took this document from the collection. [13] MR. SARFATTI: Okay, and you'll so represent that [14] it was taken from - [15] MR. OMROD: I can represent that. [16] (Papageorge Deposition Exhibit 67 marked for [17] identification.) [18] MR. OMROD: And for the record, we've marked as [19] Papageorge Exhibit 67 a document Bates stamped STG 3414607 [20] and it runs through 611. It's dated April 6, 1981. [21] BY MR. OMROD: [22] _______Q. Mr. Papageorge, would you take a moment to look Page 804 [1] over the document, if you would like, and my questions will [2] go, as is probably obvious from my last few questions, to [3] die cleanup cost estimate provided for the Motco site. [4] (Witness peruses said document.) [5] A. I have glanced through the document. [6] Q. The document, which is entitled, or the [7] attachment, which is entitled "Cleanup Cost Estimates [8] Abandoned Hazardous Waste Sites In Texas," has a cover memo [9] from an F. C. Himes. Do you see that? [10] A. Yes. [11] Q. And there is some handwritten names on the upper [12] right-hand comer of the cover memo. One of them indicates [13] that you were at least intended to have received a copy of [14] this. Do you see that? [15] A. I see that. [16] Q. Do you recall seeing diis document? [17] A. No, Idon't. [18] Q. Is the cover memo, at least, an example of a, a [19] document diat war prepared ui die ordinary course of [20] business at Monsanto? [21] A,Yes. [22] _______Q. And is it an example of a document that would be, Page 805 [1] would be kept in the files at Monsanto? [2] A.Yes. [3] Q. This may have been covered during the prior days [4] of your deposition, but F. C. Himes, who is that? Do you [5] recall? [6] A. Mr. Himes, at that point in time, was the plant [7] superintendent, supervising the environmental activities for [8] both Monsanto plants in Texas City and Chocolate Bayou, [9] Texas. [10] Q. Is he someone who would have had as his [11] responsibility monitoring die State regulatory activities [12] with regards to Motco? [13] A. Certainly. [14] Q. The reference on die cover memo to the Texas [15] Department of Water Resources cost estimates, is that the [16] agency that was involved with die Motco site? [17] A. That was my understanding. | [18] Q. Have you ever seen diis document before? [19] A. I don't remember it. [20] Q. You don't recoil seeing it? [21] A. No. [22] ______ Q, The estimates provided, the cleanup cost_____________ Page 806 [1] estimates provided for die Motco siglu which are at, on die j [2] attachment, the third page in. do you see that? ACE-FEDERAL REPORTERS, INC. 202-347-3700 Page 799 to Page 806 WATER PCB-SD0000063810 BSA Depo of: WILLIAM B. PAPAGEORGE Monsanto v Aetna February 10, 1993 CRj 54388.0 XMAXaO) [3] A. I do. [4] Q. The estimate that's provided, there, of (5( $30,8466,000. do you see that? [6] A. That is a total that's shown in that tabulation, P1 yes. (81 Q. Is that consistent with the estimates that you [9( were receiving from your own staff? (101 A. It doesn't - it fits the concept of tens of fill millions. We - Monsanto had not come up with that accurate [I2J a number or that precise a number. (13( Q. And I take it from your testimony, then, it would [14] be generally consistent with the numbers that were discussed [15] in 1978 among, among the people you met with when you went [16] to the Texas City plant? [17] A. I would say yes. [18] Q. When - at this time in April of 1981, in terms [19] of the question whether Monsanto would have some financial [20] responsibility for cleaning up the Motco site, where did [21] things stand on that issue in terms of Monsanto's opinion as [22] to whether it would lutve responsibility? Page 807 [1] MR. SARFATT1: I'm going to object for lack of [2] foundation. [3] A. 1 don't quite know bow to describe where [41 Monsanto's thinking stood at the time. The feeling or the [5] belief was that Monsanto was certainly involved at this [6] time, at least in the eyes of the State regulatory people. [7] I believe it's at about this time that efforts were made by [8] the plant environmental staff to determine what other ]9] sources of material could be identified; the material, that [10] is, that went to the site, in addition to the material that [11] came from Monsanto's plant. [12] BY MR. OMROD: [13] Q. If 1 understand what you are referring to, is [14] that the - is that the effort that was conducted by [15] Monsanto to find other, other parties to be responsible for [16] the - to share in the responsibilities for the cleanup? [17] A. Yes, that was - there was an effort begun at [18] about that time, as best as 1 recall. [19! Q. While I don't think this comes up in these [20] documents, I've heard a reference in other depositions to [21] the fingerprinting project or something like that, using the [22] term "fingerprinting'? Do you recall that? Page 808 [1] A. I'm not familiar with the expression [2] "fingerprinting." [3] Q. You do recall, though, at around this time in [4] April of 1981, that that effort in terms offinding other [5] responsible parties began? [6] A. Yes, that's the best of my recollection, a search [7] for other sources, mmJimm. [8/ Q. Getting back to my initial question, at that [9] time, had Monsanto conchtded that it would have financial [10] responsibility to clean up the Monsanto - the Motco sue? [11] MR. SARFATTI: Objection; lack of foundation. [12] BY MR. OMROD: [13] Q. And when 1 say "that time,'' I'm sorry, the time [14] I'm referring to is April of 1981. [15] A. Til. By 1981, as best as I recall, there was a, [16] a belief that was growing stronger, if you will, with time, [17] that Monsanto was going to be involved. It became, then, a [18] matter of to what degree would that involvement be. [19] Q. So there would be some financial responsibility? [20] A. Yes. [21/ Q. And 1 take it that at this point, Monsanto was [22] beginning an effort to try to reduce that by finding other Page 809 ]1] people to share in the responsibility? [2! A. Well, that was the purpose of finding other [3] sources of material. [4] Q. The belief that Monsanto would have financial [5] responsibility, when was that conclusion reached? [6] MR. SARFATTI: Same objection; lack of [7] foundation. [8] A. I don't know that it happened on any one day or [9] anything. It was something that evolved as those who worked [10] with the issue became increasingly familiar with more [11] details, and the more they talked with the regulatory people [12] and what have you, the more they were convinced that there [13] was no way that Monsanto could avoid being involved. [14] BY MR. OMROD: [15] Q. ]f 1 recall your testimony, it started in, at [16] least m terms of your understanding, it started in the [17] late, last quarter of 77, when a gut feeling was expressed [18] that there would be some 119] A. That gut feeling, 1 don't know when that gut [20] feeling began. That was when it was shared with me in my [21] new Hsngnmmt. It might have existed at the plant before [22] MCI was formed and my job was created. 1 don't know that. Page 810 [1] that timing. [2] Q. It started as a gut feeling, and at least by [3] April of 1981, there was some certainty about it? [4] MR. SARFATTI: Objection; mischaracterizadon of [5] his testimony, if that's what you are trying to do. [6] A. It was, there was some certainty, is a good way [7] to put it, yes, sir. [8] MR. OMROD: Off the record. [9] (Discussion off the record.) [10] (Papageorge Deposition Exhibit 68 marked for [11] identification.) [12] MR. OMROD: We've just marked as Papageorge [13] Exhibit 68 a document Bates stamped CBY 1604075 through 77. [14] There are two memorandums. The first is a, is a cover [15] memorandum dated October 26, 1982: Subject, "Contract Waste [16] Disposal." [17] The memo was written by Mr. Papageorge, and there [18] is an attached memo written by Mr. Park, dated October 22, [19] 1982: Subject, "Contract Waste Disposal Liability Problem." [20] (Witness peruses said document.) [21] A. I have glanced at the documents. [22] BY MR. OMROD: Page 811 [1] Q. Before we get started in detail, let me ask the [2] basic question, which is, are these, or is this document and [3] the attached memo an example of documents that were prepared [4] by Monsanto personnel in the ordinary course of business at [5] Monsanto? [6] A. It appears to be, yes. [7] Q. And the type cf memo that would be kept in the [8] files of Monsanto in the ordinary course? [9] A. Yes. [10] Q. The cover memo appears to have been prepared by [11] you. Is that your signature? [12] A. That is my signature. [13] Q. Do you recall this, the topic tluu's reflected [14] here? [15] A. Vaguely. Not too clearly. I know the general [16] subject, and I don't recall all the details. [17] Q. The group of individuals that you sent this memo [18] to. I'm not going to ask you to describe which one of them, [19] but is there some way u> characterize, as a group, who it [20] was going to? [21] A. Plant managers. [22] _____ Q. They're allplant managers? And Mr.Tromblee was Page 812 [1] the manager of the Texas City plant? [2] A. Yes. [3] Q. And arethey, arethey the plants within the MIC [4] Company ? [5] A. Yes. [6] MR. HUGHES: Did you say "MIC"? [71 MR. OMROD: I did. ]3] A. (Continuing) I was wrong. My answer should have [9] been no. [10] BY MR. OMROD: [11] Q. MCI. Excuse me. [12] A. Right. [13] MR. SARFATTI: MCI is the phone company. [14] Before we go further with the document, can I [15] just have a general representation that all of the documents [16] you intend to use are among the ones that were sent to you [17] from Mr. Manta which are duplicates of what was sent to me? [18] MR. OMROD: It's, of course, impossible for me to [19] represent that they are duplicates. I can tell you what my [20] request was to Mark, and that I'm using documents from the [21] material that he told me he sent to you, and that's what I [22] can represent. It's my understanding that I am using 1 Page 813 [1] documents that he designated for this deposition pursuant to Page 806 to Page 813 202-347-3700 ACE-FEDERAL REPORTERS. INC. WATER PCB-SD0000063811 3SA________________________________ Depo qf; WILLIAM B. PAPAGEORGE Monsanto v Aetna February 10, 1993 CR: 54388.0 XMAXan PI the Court's seven-day designation rule. 13/ MR, SARFATTI: Well, no documents were /4/ designated. Some documents were belatedly sent to me, but 15] no list was ever sent. /6/ MR. OMROD: I wasn't party to any of that, so I'm [7] not sure what the background is, but my understanding was [3] that Mr. Manta had sent you documents. [9/ MR. SARFATTI: That's correct. .70/ MR. OMROD: And you accepted them and permitted [11] them to be used. ,72/ MR. SARFATTI: That's right. [13/ MR. OMROD: And it is my understanding this [14] document would fall among those documents, and as well as /15] the other documents that I use today. [16] BY MR. OMROD: [17] Q. You testified that you can recall generally the [18] subject matter of this memo and the attachment? [191 A. Yes. [20/ Q. What do you recall? pi] A. I recall that Mr. Park had expressed his opinion [22] regarding the vulnerability that Monsanto had regarding the Page 814 /// use of outside disposal services; and by "outside," I mean 12] other than Monsanto - and his understanding of the way the [3] federal regulatory agency would react should a mishap occur, [4] and his understanding was that any problems that occurred at [5] these sites would eventually flow back to companies like [6] Monsanto, who were the source of the materials at those [7] sites. [8] Q. And that would, that would occur based on his [9] understanding of the Superfitnd legislation? [10] A. That was his understanding at that point in time, [11] yes. That's my understanding. [12] Q. He expressed that concern in the memo that's [13] attached? [14] A. Yes. [15] Q. Did you accept that concern as being valid? [16] A. I have no reason not to. I did accept it. [17/ Q. Was Mr. Park in a position to be knowledgeable [18] about, about the concerns that he was raising? [19] A. Certainly, in my opinion. PO] Q. Why ttas that? pi] A. Well, he was an environmental attorney, very P2] active on the legislative and regulatory scene, had foDowed Page 815 [1] the activities of the Environmental Protection Agency P/ regarding these things, and I perceived him as the person [3] within Monsanto who was the closest to these statutes and ;4f regulations. .5] Q. Were there - and you took Mr. Park's memo and :6] you sent it to the platu managers? [7] ' A. Yes. [8/ Q. And why, why did you convey that concern to the [9] plant managers? 110] A. Well, it was my job to communicate opinions of 7 // this type within Monsanto to the managers who were /12] responsible for the activities at the various locations. [13] Q. Were there decisions made based on the concerns [14] raised by Mr. Park - Mr. Park? [15] MR. SARFATTI: Objection; lack of foundation. [16/ A. 1 can [17] BY MR. OMROD: [18/ Q. And I can ask it generally, were there any [19/ changes in Monsanto's policy based on - with regards to [20] outside contractors for waste disposal? ]21] MR. SARFATTI: Same objection.1 [22]_______ A. Not at the time, no. Not at any time that I know Page 816 [1] of. PI [3] BY MR. OMROD: Q. If his - if, in your mind, his concerns were [4] dewed as legitimate - [5] A. I'm sorry, 1 didn't hear the last word. [6] Q. Is that in your mind, were his concerns - did [7] you view his concents as legitimate? [8] A. Yes. [9] Q. Why wasn't there a change in Monsanto's policy [10] with regards to outside contractors? 111 MR. SARFATTI: Objection;lack of foundation. [12] A. Because the procedure we had in place at that [13] time was believed to be adequate to safeguard, within [14] reason, the kinds of stnahons that could lead to future [15] problems. [16] BY MR. OMROD: [171 Q- What procedure was that, or procedures? [18] A. This was, I forget the exact name of the [19] guideline. It had to do with one of those worldwide PO] environmental policy guidelines relating to the proper pi] disposal of wastes, and it called for evaluations to be made P2] of the service purchased, and the type of hauler, and the Page 817 [1] type of disposal site, and so on, that they be carefully PI evaluated before contracts were signed, and the service [3] used. [4] Q. So there were some efforts made at that time, [5] based on the environmental, worldwide guidelines, to [6] safeguard against liability? [7] A. Oh, certainly, [8] Q. Was it understood, though, that none of those [9] safeguards were perfect? [10] A. Were what? [11] Q. Perfect. [12] A. Oh, that's always understood in the real world. [13] Q. Well, in the real world, as with regards to the [14] Superfitnd, potential Superfitnd liability? [15] A. Well, they were as good as the technology known [16] at the time would allow them to be. Monsanto was not going [17] to drag its feet and use technology that was inappropriate. [18] Q. In your cover memo, you say - and I'll read [19] "This concern" - that concent being raised by Mr. Park PO] "was recognized by the corporate Hazardous Waste Management PI] Study Team and is reflected in the approved revision of P2] Worldwide Environmental Protection Guideline Number 2 which Page 818 [1] calls for incineration or fixation and detoxification of P] waste prior to landfilling. " Do you see that? [31 A. Yes. [4] Q. Now, you say that the concern was recognized by [5] the corporate Hazardous Waste Management Study Team. I [6] don't think that that group has come up, to date, in this [7] deposition, anyway. What hut that? [8] A. The group defined here? [9] Q. Yes, Hazardous Waste Management Study Team. [10] A. That consisted of representatives from each of [11] the operating units, DEO stalls. For example, my [12] representative at that time was Mr. Weishaar. He was joined [13] by his equivalents from the other operating units to form [14] this task force, to put together these guidelines, and now [15] to review them, in tight of the kinds of concerns expressed [16] by Mr. Park. [17] Q. And did that, did that group consider his [18] concerns legitimate? [19] A. Were given, you say? PO] Q. Did they consider his concerns legitimate? pl] A. Legitimate; yes. [22]________Q. And you remember also it indicates that the___________ Page 819 [l] concern is reflected in the approved revision to the P] Guideline Number 2. What revision was made to that [3] guideline to reflect the concern? [4] A. I forget the details. They, they were modified [5] slightly, as I remember. [6] Q. It's my sense from reacting this that at least [7] with regards to incineration and detoxification of wastes [8] prior to landfilling, that would be some effort to alleviette [9] a concern that shipping the material off site would result [10] in liability because material would be considered a [11] hazardous waste. Do you agree with that? [12] A. That was the objective, yes. [13] Q. Did that start happening atMonsanto's plants in ]14] response to Guideline Number 2? Incineration, fixation and [15] detoxification? [16] A. It did. [17] Q. So the record is clear, and my understanduig, [18] what is fixation? [19] A. It's a - I think I can best explain it by giving PO] an example that might be a tittle pl] Q. Fixation in this context. [22/_______ A. An example of fixation -____________________________ Page 820 ACE-FEDERAL REPORTERS. INC. 202-347-3700 Page 813 to Page 820 WATER PCB-SD0000063812 BSA Depo gf: WILLIAM B. PAPAGEORGE Monsanto v Aetna February 10, 1993 CR; 54388.0 XMAX<22> [1] Q. That would be useful. 12] A. - is to take a material that is apt to be either 13/ water soluble or can be moved in the environment and encase 14] it in a concrete block and then put that block in the [5] landfill. That was perceived to be a type of fixation where [6] you would create a otmtinn where that material is now [7] encapsulated and cannot be easily moved from that block out 15] into the environment. Does that help? I9] Q, That helps. That helps. And that was something [10] that started around this time, at least in part, in response [11] to the concents raised by Mr. Park? [12] A. Well, at least the consideration of these kinds [13] of things, including fixation, was included in the [14] evaluation of which procedure do you use to dispose of this [15] unwanted material. It started at about this time. [16] Q. Was that done in response to the concerns raised [17] by Mr. Park - Mr. Park? [18] A. Yes. [19/ Q. If you could turn to the attached memo that Mr. [20] Park wrote, the last sentence of Paragraph 2 - and I'll [21] read it - "Unless the contractor is able to completely [22] falfill its contract indemnity obligations, at least some of________ Page 821 [1] the cleanup costs would be borne by Monsanto, since there [2] appears to be no insurance available which protides coverage [3] for Superfitnd cleanup costs.' Do you see that? [4] A. I see that. [5] Q. Is that consistent with your understanding of the [6] availability of insurance for cleanup costs? [7] MR. SARFA'lTl: Objection; lack of foundation. [8] A. Since 1 knew so little about insurance, I took, I [9] took Mr. Phodon's word for it. I had no reason to doubt [10] it. [11] BY MR. OMROD: [12/ Q. You trusted his judgment on that point? [131 A. Yes. [14] Q. On this issue, the availability of insurance or [15] some other way to alleviate Monsanto's potential liability, [16] that's a critical component of the conclusions reached by [17] Mr. Park; isn't that correct? [18] MR. SARFAl tl: Objection.Speculative. [19] A. I have no way of determining whether or not it's 120] critical. It's certainly an important consideration. It [21] can't be ignored. It's an economic factor. [22[_______ BY MR. OMROD:_____________________________________ Page 822 [1/ Q. If the contractor that was disposing of waste for [2] Monsanto was able to meet its obligations to indemnify [3] Monsanto under the contracts, l take it at that point, [4] Monsanto wouldn V have the concerns that are reflected by [51 Mr. Park? [6] MR. SARFATTI: Objection; lack of foundation and [7] speculative. [8] A. Wefl, I'd have to believe, from Mr. Park's 191 communication here, that should those conditions be met by [10] the contractor, that the proper people within Monsanto would [11] approve that arrangement. [12] BY MR. OMROD; [13] Q. My question isn't whether the proper people would [14] approve the arrangement. My question is whether the [15] concerns about liability to Monsanto would still be, would [16] still be valid or justified. ]17] MR. SARJFATTl: Same objection; lack of foundation [18/ and speculative. [19/ A. Weil, the concerns would probably be there, but [20] if there's an indemnity, if there's an indemnity clause in [211 the contract that protects Monsanto, those concerns would [22] be, of course, reduced as compared to those situations where1 11 Page 823 [1] there is no protection for Monsanto. [21 BY MR. OMROD: [3] Q. Well, one way for Monsanto to, to protect itself [4] wtder an indemnity clause like that would be to insist that ]5] the contractor carry insurance for the possible liability. [6] MR. SARFATTI: Objection; no foundation, and [7] speculative. [81 BY MR. OMROD: 19] Q. Is that correct? [10] A. That's one, yes. [11] Q. And in fact, that's what Mr. Park is referring to ]12] here; isn `t that correct - [13] A. Yes. [14] Q. - in that sentence? And his conclusion is that [15] that's not possible because there isn't insurance available [16] for that liability for cleanup costs under the Supetfond [17] Act? [18] A. I don't read it that way. [19] (Witness peruses said document.) [20] A. (Continuing) I read this sentence a little [21] differaitly than that, because of the use of the word [22] "unless."____________________________________________________ Page 824 ]11 Q. Why don't you tell me how you read it. [2] A. The way I read that or read it now, even, is that [3] the - if that contractor who is providing this service does [4] not agree to any indemnity kind of phraseology in the [5] contract and a problon occurs at the site where this [6] activity takes place, then Mr. Park, in his evaluation of [7] the Superftmd regulations, believe that the regulatory [8] agencies would go to Monsanto, seeking funds for the 19] necessary remedial action. [10] Q. Well, that's part of it. The last clause says, [11] "Since there appears to be no insurance available which [12] provides coverage for Superfund cleanup costs." [13] A. I'm reading that as saying no insurance available [14] to Monsanto as a company to cover these cleanup costs. [15] Q. So afar reading of this, based on your reading, [16] is that Monsanto did not have insurance for cleanup costs - [17] MR. SARFATTI: Objection. There's no way he can [18] answer that. [19] BY MR. OMROD: [20] Q. Under Supetfond. I'm asking for your reading of [21] the memo. [22] _____ A. I can give you my understanding right or wrong. Page 825 [1] It's my understanding that they had no insurance for [2] Superfitnd cleanup costs, which may or may not cover all the [3] situations possible. [4] Q. And was that also your understanding at the time [5] in 1982? [6] A. Yes, sir. [7] Q. That "they,' being Monsanto, had no insurance [8] coverage for cleanup costs under Supetfond? [9] A. I'm sorry, I didn't hear the first part. [10] Q. That Monsanto did not have insurance coverage for [11] cleanup costs. [12] A. That was my understanding, then and now. [13] Q. Based on your experience as a DEO, and your [14] experience with the Motco site or your involvement with the [15] Motco site, what's your understanding of how the pollution [16] actually occurred at Motco? [17] MR. SARFATTI: Objection; vague and lack of [18] foundation. [19] A. My understanding is based on the fact that there [20] were materials present at the site and that some of these [21] materials were believed by the regulatory people to have [22] affected the environment in that area, either below the site Page 826 [1] or surrounding it. How this material found its way into [2] these areas, I do not know. [3] BY MR. OMROD: [4] Q. What is your understanding about the materials as 15] you described them, their location at the site? [6] A. Well, I have three different types that 1 would [7] describe. One is material in the tanks, then there's [8] material in excavations on that property, which were [9] referred to as pits, and then, of course, there's material [10] that's visible on the surface. [11] Q. The material that's visible on the surface, what [12] are you referring to? [13] A. This is the material I described earlier as a, a [14] black, tarry-looking solidified material that looked like [15] road tar. [16] Q. Now, 1 take it from your testimony that that's [17] distinct from the materials that was in the pits. [18] A. I don't know. I don't know if underneath that [19] material was the pit or whether the pit was off underneath [20] the weeds. I personally never did know where the pits were [21] physically located. [22] _____ Q. What you saw, though, was what looked to be a_____ Page 820 to Page 826 202-347-3700 ACE-FEDERAL REPORTERS, INC. WATER PCB-SD0000063813 BSA Depo of: WILLIAM B. PAPAGEORGE Monsanto v Aetna February 10, 1993 CR: 54388.0 XMAXC23) Page 827 [II pile of black tar material? Tar-tike material? 121 A. Mounds of tarry material, yes. Solidified; not PI gummy or tacky. [41 Q. Okay. I don't recall whether Mr. Manta asked you [5] these questions, and I actually don't think he did, bta 161 could you give me some sense of proportion of volume of the [77 material? [8] A. Gosh, I, I have no way of determining that. The [9] weeds were so profuse and covered the area, it was very [10/ difficult to come up with any proportion of how much of the [111 area was covered or not. I couldn't tell. [I2J Q. Can you give me a general sense? Was it an area [13] that was one yard in dimension or was it some other greater [14] amount? [15] A. I would suggest that - gosh, it's hard to recall [16] the specifics. Let's say there were about three, four [17] different spots, and some of them were really as big as this [IS] room, some a little smaller, and there were weeds growing in [19] the middle and on the edges. I couldn't teU when one area [20] was connected to another or not because of the weed growth [21] in between. [22] _____ Q. Were these mounds, or were they flush to the_________ Page 828 [1] ground? [2] A. Some of them were fairly flat and there were some [3] that were mounded. There were both types. [4] Q. You said there were three or four areas. The [5] area [6] A. As I remember, but then again, I did not cover [7] the entire Texas City Wye site. This was just the areas we [S] could get to. [9] Q. So we have a sense of the time frame, when was [101 this? It may be clearfrom your prior testimony, but we [II] haven't established it here. [121 A. Early '78 is as best as 1 can come up with. [13] Q. The areas that were mounded, how high were the [14] mounds? [15] A. Oh, they ranged from a foot to as high as this [16] table; three feel, four feet. [17] Q. You said that there was material, your [18] understanding is there was material in tanks, there was [19] material in pits, and that there was this material that was [20] visible, at least to your eye, on the surface. [211 A. That is my understanding. ]22]_______ Q. And that material from those three areas [ottnd_______ Page 829 [1] its way iiuo the environment? [2] MR. SARFATTI: Objection. Lack of foundation. [3] A. That is what the State representatives were HI alleging at the time. [5] BY MR. OMROD: [6] Q. Is it your understanduig that this occurred [7] gradually over time? 18] MR. SARFATTI: Objection; lack of foundation. [9] A. I assume that. I didn't ask the specific [10] question when did it occur and how quickly. [11] BY MR. OMROD: [121 Q- That was your assumption? [13] A. Yes. [14] Q. And that was based on your conversations with [15] State personnel? Plant personnel? [16] A. Plant personnel. [17] Q. Now, the material that war in the tanks, as you [18] describe it, were those tanks leaking? [19] A. No. No. [20] Q. And why is it that you believe that the material [21] in the tanks found its way or made its way into the [22] environment?_________________________________________________ Page 830 [1] A. When you asked me if it was leaking, my answer [2] was no, I did not see any evidence of leakage. I have no [3] way of knowing whether they leaked in the past or were [4] leaking in areas not visible. [5] Q. So you don't know one way or the other whether 16] the material in the tanks was a source of contamination at [7] the site? [8] A. That is correct. [9] Q. I take it that's not true with regards to the [10] material in the pits and the material visible on the i [11] surface? [12] A. I don't know that, either. I don't know anything [13] about the geology of those pits and whether they do leak or [14] not. [15] Q. What I'm asking is your understanding of the [16] circumstances. [17] A. Well, that's why I mentioned the tank, the pits, [18] and the ground surface. My understanding is that all three [19] of these sources very likely contributed to the material the [20] agency claims they found. [21] Q. And it was your understanding that that occurred [22] gradually, over a period of time? Page 831 [1] MR. SARFATTI: Objection: no foundation. [2] A. That was my assumption. [3] BY MR. OMROD: [4] Q. If you could turn to Exhibit 55 -- [5] (Witness complies). [6] Q. (Continuing) This is a document that Mr. Hughes [7] showed you earlier this afternoon, and there is a -- the ]8] first page is a distribution memo from a Robert E. Toth. Do [9] you see that? It's actually die second page, because the ]10] first page is an un-Bates-stamped page that appears to have [11] come from the production in some way. The first actual page [12] of the document, though, is a, is a cover, a distribution [13] memo from Mr. Toth to a number of people, including you. Do [14] you see that? [15] A. I do. [16] Q. Mr. Toth at the time - and this is 1983 - was [17] the Director of Risk Management for Monsanto ? [18] A. He was with the Risk Management Group. I do not [19] recall his title. [20] Q. Was it your understanding that he was the head of [21] that, that group at this time? [22] A. No, I didn't - 1 really didn't question what his Page 832 [1] position was. He just represented that group, in my, my [2] mind. [3] Q. He, Toth represented the Risk Management Group, [4] in your rmnd? [5] A. Yes. [6] Q. The memo that's attached that Mr. Toth writes to [7] Mr. Throdahl, in the second paragraph - and I'U read it - [8] "Monsaiuo is protected by its Excess Liability Insurance for [9] incidents involving sudden and accidental pollution which [10] results in bodily injury or property damage. The limit of [11] that coverage is currently $325 million subject to a $2 [12] million Monsanto 'deductible.' However, the coverage [13] excludes gradual seepage and polhttion." Do you see that? [14] A. I do. [15] Q. Is that consistent with your understanding of [16] Monsanto's coverage, insurance coverage? [17] MR. SARFATTI: Objection; lackof foundation. [18] A. 1 find that hard toanswer because I didn't [19] really dwell into the area of insurance coverage. It was [20] kind of an interesting bit of side information that had no [21] impact on my responsibilities directly, and I really did not [22] try to understand it, frankly. * 11 Page 833 [11 BY MR. OMROD: 12] Q. But did you have some totderstanding? [3] A. All I had is an understanding that Monsanto [4] somehow or other is covered by some insurance. That's other [5] people's problems. [6] Q. When you say "other people's problems, " you [7] mclude Mr. Toth and other people ui risk management? [8] A. Certainly Mr. Toth, yes. [9] Q. Now, Mr. Toth writes that Monsanto has coverage [10] for utcidents involving sudden and accidental pollution but [11] that the coverage excludes gradual seepage and pollution. [12] Now. my question is, is that consistent with your [13] understanduig of the scope of Monsanto's insurance coverage? i [14] MR. SARFATTI: Objection; lackof foundauon. ! [15] A. I didn't reach any understanding on the type of j [16] coverage, in terms of details of that kind. | [17] BY MR. OMROD: [18] Q. The description of gradual seepage and pollution, | [19] is that gradual seepage and pollution, is that consistent \ [20] with your tutderstanding of the way the pollution occurred at [21] the Motco sue? ACE-FEDERAL REPORTERS, INC. 202-347-3700 Page 827 to Page 833 WATER PCB-SD0000063814 BSA Depo of: WILLIAM B. PAPAGEORGE Monsaruo v Aetna February 10, 1993 CR; 54388.0 XMAXQ4) /22/_______MR. SARFATTI: Objection; lack of foundation.________ Page 834 11] A. Yes, I would describe, from what 1 understood of 12] that situation, that it was a gradual, rather than a ]3] catastrophic hind of accident happening, and creating the, [4] the problem. 15] MR. OMROD: That's it for me. 16] (Discussion off the record and short break.) [7] MR. OMROD: Why don't we mark this as the next in IB] order. /9/ (Papageorge Deposition Exhibit 69 marked for ]10] identification.) ]II] MR. OMROD: We've just marked as Papageorge [12] Exhibit 69 a document Bates stamped M-O 11008810. It's [13] dated September 2, 1982, re: "Supertiind response, Texas [14] City Wye," "Motco" in parens. [15] MR. SARFATTI: This document [16] MR. OMROD: Yes, this document also fits in the [17] eategoiy of documents that Mr. Manta sent me. [18/ Just so the record is clear, I'm asking Mr. [19/ Papageorge questions about this document that 1 had raised [20] earlier, that he alluded to in response to my question about ]21] whether he was ever appointed chairman of a task force [22] dealing with the Motco site.________________________________ Page 835 [1] BY MR. OMROD: [2] Q. Have you had an opportunity to look over the [3] document, Mr. Papageorge? [4] A. 1 have. [5] Q. Does this refresh any recollections regarding [6] whether you were ever appointed the chairman of the task [7] force? [8] A. I can't argue with the typewritten word, but I [9] just - I'm having difficulty picturing this group working [10] on that Motco site as a group, here, like this, but the [11] document indicates that that task force was formed. [12] Q. That's yoursignature on the document1 [13] A. I'm sorry? [14] Q. That's your signature [15] A. Yes. [16] Q. - on this one-page memo? Do you recall the task ]17] force being created? [18/ A. No, I don't [19! Q. The first paragraph says, "Pursuant to the [20] recently-approved guideline for Supetfimd response, a task [21] force has been formed to manage a response to the Texas City [22] IVvf. " and then it lists the members and you are listed as Page 836 (Ij the chairman. The reference to the guideline for Supetfimd ]2] response, what is that? ]3] A. I don't recall it. I'd have to read that [4] document over again to refresh my memory. [5] Q. Is there a document called a guideline for ]6] Supetfimd response? [7] A. I don't - that's why I'm having difficulty; I [8] just don't recall such a title. ]9] Q. Is there a source of information that would [10] provide, provide guidance, generally provide guidance on [11] Supetfimd response for Monsanto? [12] A. As best I recall, this would have to be one of [13] the environmental policy guidelines having to do with waste [14] disposal that were modified to take into account Superfund [15] regulations. [16] Q. You testified that you don't specifically recall [17] this taskforce. Do you recall the creation of another task [18] force for Supetfimd sites, within Monsanto? f19] A. I'm having difficulty recalling. I just don't ]20] remember. 1211 MR. SARFATTI: Have you now truly completed your [22] examination?______________________________________________ Page 837 [1/ MR. OMROD: I have now truly cofnpleted my ]21 examination, but I did feel like after 1 had made that [3] representation, I at least should make some effort to find [4] this document. [5] THE WITNESS: I understand. 16] (Discussion off the record) [7] EXAMINATION 181 BY MR. JOHNSON: ]9] Q. Good afternoon, Mr. Papageorge. [10] A. Good afternoon. [11] Q. I want to say thank you, certainly, for five days [12] of very patient testimony, and I'm sure it's been a long [13] time coming for you, as well, so I'U try to wrap it up, [14] here, in due order and we can all get out of here. [15] Mr. Papageorge, in your prior testimony, you've [16] testified that in 1974, you had no responsibility regarding [17] vinyl chloride and styrene. Do you recall that? [18] A. Yes, I recall it, and that is true. [19] (Papageorge Deposition Exhibit 70 marked for [20] identification.) [21] BY MR. JOHNSON: [22] _____ Q. While you are perusing this document, let me just Page 838 [1] note the Bates range number. We'll go with WHP 0323272. [2] Unfortunately, this document is not all in the order it [3] should be in. The Bates range ranges are switched, ending [4] at, WHP 0323271. [5] Steve, I'll represent that these were included in [6] the designation. [7] MR. SARFATTI: The Manta materials? [8] MR. JOHNSON: Yea . [9] MR. SARFATTI: I'll accept that. [10] MR. JOHNSON: And that will be the case with all [11] the documents I use as exhibits. [12] MR. SARFATTI: I'll accept your representation. [13] BY MR. JOHNSON: [14] Q. Mr. Papageorge, in particular, I'm interested in [15] a Monsanto "Dear Customer" letter, there, at WHP 0323267. [16] A. 1 see it. [17] (Witness peruses said document.) [18] A. (Continuing) I have read the document you refer [19] to or the letter you refer to. [20] BY MR. JOHNSON: [21] Q. Okay, and I use this just, perhaps, to refresh [22] your recollection going back to almost twenty years. Would Page 839 [1] you agree that it appears from this document that, in fact, [2] in 1974, you did fume some responsibility with regard to [3] vinyl chloride? [4] A. It depends on your definition, really, of [5] involvement and responsibility with vinyl chloride. I was [6] involved with plasticizers which were manufactured by [7] Monsanto, and one of the ingredients of manufacture was [8] vinyl chloride. The end product is not vinyl chloride, per [9] se, so when you asked me was I involved with vinyl chloride, [10] I, I really wasn't involved with vinyl chloride. [11] Q. But l believe my question was whether you had any [12] responsibility with respect to vinyl chloride. [13] A. I didn't. I had nothing to say about vinyl [14] chloride and its labeling or what have you. [15] Q. Well, in the second paragraph of this document, [16] there are the words, and in fact, you signed this letter and [17] sent it to, presumably sent it to Monsanto customers; isn't [18] tluu correct? [19] A. Yes. [20] Q. There is some language, quote - there in the [21] second paragraph, right after the vinyl chloride Unices,1 11 [22] it's in the third line, there -__________________________________ Page 840 [1] A. Yes. [2] Q. - quote, you purchase fromMonsanto are also [3] polymers derived from VC and as suchcontainresidual [4] amounts cf vinyl chloride monomer. " 1 guess I'm at a bit of [5] a quandry as to understand the distinction that you are [6] drawing as to whether you had any responsibility with regard [7] to vinyl chloride. [8] A. Well, I'm having problems understanding your, the [9] thrust of your question. In the products that I [10] represented, vinyl chloride was a contaminant, as [11] distinguished from the product sold as vinyl chloride in [12] tank cars to customers. Since it did exist as referred to, [13] residual amounts, and it's possible for these amounts to [14] build up under certain conditions of use or storage, it was [15] prudent, at least in my belief, that I inform the purchaser [16] of Monflex and Polvin materials that they might see some [17] vinyl chloride under certain conditions. This is the status [18] of the vinyl chloride situation. That was the intent of [19] this letter. [20] Q. Well, you may have misunderstood me, but I was Page 833 to Page 840 202-347-3700 ACE-FEDERAL REPORTERS, INC. WATER PCB-SD0000063815 BSA________________________________ Depo of: WILLIAM B. PAPAGEORGE Monsanto v Aetna February 10, 1993 CR; 54388.0 XMAX05) P1[ not trying to suggest that we were talking about the 122] product, itself. I was talking - I didn't use that Page 841 [i]terminology, in fact. I just was referring to vinyl 12] chloride as a chemical. PI A. Okay. [4] Q. Okay, you can put that aside, as we frequently ]5J use the expression at my firm. I should also have send and [6] now will say for the record that I represent the Travelers ]7] Indemnity Company in this litigation. PI A. An right. [9[ (Papageorge Deposition Exhibit 71 marked for [10J identification.) [11] (Witness penises said document.) [12J BY MR. JOHNSON: [131 Q. Exhibit 71 has a Bates range of MCO 8229030 [14] through 8229031. [15] Mr. Papageorge. you can - I'm not going to go [16] into the substance of this too much. Just let me know when [17} you are ready. [18] (Witness peruses said document.) [19] A. I believe I am ready. /20] Q. Okay. This appears to be a foliow-up to your pi] earlier letter we discussed as Exhibit Number 70. Would ]22] that be correct? Page 842 [1] A. It is. PI Q. And it's signed by you, as well; isn't that ]3] correct? [41 A. It is. [5] Q. Would it be fair to say this was an expression to [6] Monsanto customers of safety or health concerns regarding [7] \inyl chloride? [8] A. Yes. [9] Q. And would you just fill me inon, in a lay [10] person's term, terminology, what your concerns were about [11] the safety of vinyl chloride? [12] A. The OccupationalSafety andHealth Administration [13] had determined that vinyl chloride, under certain conditions [14] of exposure, can cause barm to human beings. As a result of [15] that determination, they established exposure levels that [16] they felt would - should be maintained to avoid harming [17] individuals in the workplace. [18] Since that position was taken by OSHA, I felt [19] that I ought to inform customers that although the vinyl po] chloride in the products we sold them was very small, we pil didn't know the conditions of use or whether it would build P2] up to a point where it could create a situation that would Page 843 [I] exceed the guidelines that OSHA, or the levels that OSHA was ]2] promulgating, that we felt that our customers at least ought PI to be informed that the material they were buying under a [4] Monsanto trademark had in it this residual amount of vinyl [5] chloride, and then they were expected to make their own [6] decisions regarding the need to take any further action. PI Q. And while you were alerting your customers to [8] these potential adverse health effects of vinyl chloride [9] monomer, were you aware that there were similar warnings [10] beuig given to Monsanto employees? [11] A. Since I wasn't involved, I can't speak personalty [12] on that. I was not involved with employee exposure at the [13] time, at the plants. ]J4] Q. Okay, btu - so whether or not you were [15] responsible, were you aware of whether or not something [16] similar was being done at Monsanto? [17] A. I had heard that these kind, this kind of [18] information was being relayed to the various Monsanto plants [19] and handled - that handled vinyl chloride, yes, but it was PO] only what I'm going to call hearsay. I personally did not ]2l] study it or pursue it any further. P2]________Q. Okay, hearsay, what do you mean by hearsay, sir? Page 844 [II A. I'm over in the Medical Department, and they're P] talking about it in the restroom, and so on, that's where I [3] heard it. ]4] Q. Did you at arty time make an effort to communicate ]5] what you knew about the concerns regarding vinyl chloride [6] within Monsanto's company and personnel? [7] A. No. . PI Q. In the, quote, "hearsay," unquote, that you PI heard, what kind cf information do you recall being urld? ]101 A. I don't remember the details, other than that [11] vinyl chloride was suspected, if my memory serves me right, [12] of causing liver damage at high levels of exposure, and [13] that's really all I remember about it. I've forgotten what [14] levels OSHA set, and so on, later. [15] MR. HUGHES: Okay, let's set that aside. [16] (Papageorge Deposition Exhibit 72 marked for [17] identification.) [18] (Witness peruses said document.) [19] MR. JOHNSON: The Bates range for Papageorge PO] Exhibit 72 is MCO 9431852 through 9431851, and it's an PI] excerpt from the "Chemical Marketing Reporter" dated April P2] 22nd, 1974. At least, that's on the first page, and the Page 845 [1] following page is an excerpt from a "Journal of Commerce" P] dated April 17, 1974. [3] A. I've reviewed it. [4] BY MR. JOHNSON: PI Q- Mr. Papageorge, you would have received a copy of [6] this document in the normal course of Monsanto mailings; ]7] isn't that correct? [8] A. I see my name listed. P] Q. Do you recall [10] A. I [11] Q. Do you recall seeing this document? [12] A. I do not recall these at all. [13] Q. Do you know why you would have been "cc;'d" on [14] this document, sir? [15] A. Because of my involvement at the time with those [16] materials I had mentioned earlier as shown in the previous [17] documents, the Monsanto products that were made with vinyl [18} chloride as one of the starting materials. [19] Q. And who would have been responsible for sending PO] this document to you? PI] A. Well, I don't know who sent the first one. P2] There's no indication. The second page came from Mr, Page 846 [1] Barton. [2] Q. And who was Mr. Barton? [3] A. He's a public relations employee of Monsanto. [4] Q. We talked several days ago, or perhaps it was P] actually sometime in January, about press clippings that you [6] would receive. Isn't that correct? [7] A. Yes, I mentioned that. P] Q. Do you think this would have been part of that P] service? [10] A. No. [11] Q. Why not? [12] A. Wdl, the service I described, I got the actual [13] clippings from newspapers, and journals and all, rather than [14] copies, such as this one, and it did not come from Mr. [15] Barton, Mr. Barton's office, so this is not the kind of [16] thing that 1 would have seen in that clipping service. [17] Q. Do you recall attending meetings to discuss this [18] issue of the safety of vinyl chloride monomer around the [19] time of this document, 1974, by around, let's say, within, PO] within six months on either side of this date? pi] A. I don't recall any vinyl chloride meeting. I P2] just don't remember one. * 11 Page 847 [1] Q. Do you recall when you were originally given the P] assignment to address vinyl chloride? [3] A. No. [4] Q. Do you recall why you were given responsibility [5] over this chemical? [6] A. WeO, back in about 1973, when, as best I recall, [7] was the time Monsanto Industrial Chemicals Company was [8] formed, I was one of three Managers of Product Acceptability P] assigned to that operating unit. That part of the operating [10] unit, the products of the operating unit assigned to me [11] included those plasticizers which were manufactured at [12] Monsanto's plants, using vinyl chloride as one of the [13] starling materials. That's how I ended up with that [14] particular product line. [15] Q. Now, given that and given the fact that we've [16] focused on vinyl chloride as one chemical that you had some [17] responsibility for by virtue of what you just described, do [18] you recall now other chemicais that wouid fall in that same [19] category leading to - within your responsibility? ACE-FEDERAL REPORTERS. INC. 202-347-3700 Page 840 to Page 847 WATER PCB-SD0000063816 BSA Depo of; WflUAM B. PAPAGEORGE Monsanto v Aetna February 10, 1993 CR; 54388.0 XMAXC26) 1201 A. You mean other chemicals containing vinyl [211 chloride? [221_______ Q- No, other chemicals other than vinyl chloride._______ Page 848 [II A. Gosh, I can't recall all of than, of course. [2] There were other plasticizers that belonged in that family /31 of chemicals. I think that's what you are referring to. [4] Q. For example? [5] A. Phosphate esters, and phthalate esters, and [6] maleic esters. [7] Q. Were there others, other chemicals that you would [8/ tmve sent warnings to customers regarding? [9] A. Regarding what? [10/ Q. Regarding the health consequences of the use of [111 those chemicals. [121 A. Only if there was some new and important [13] development regarding the ingredients present in that [14] product line, such as the vinyl chloride situation. [15] Q. Right. My question is not hypothetical, though. [16] My question is whether there were others, do you recall [17] there being others. [18] A. I don't recall any. [19] (Papageorge Deposition Exhibit 73 marked for [20] identification.) [21] (Witness peruses said document.) [22] _____ MR. JOHNSON: The Bates range is STO 3415164 and Page 849 [11 STO 3416165. [2] (Witness continues to peruses said [3] document.) [4] A. I've glanced at the article. [5] BY MR. JOHNSON: [6] Q. Mr. Papageorge, do you recall ever seeing this [7] document before? 181 A. I don't remember it. [9] Q. Up in the left-hand comer, there are some [10] handwritten notations there, and it appears that you [11] received wluu is cm XC copy of this. Would that be a [12] correct statement? [13] A. I would suggest that more correctly, an XC copy [14] was addressed to me, intended for my use, or [15] Q. And in the normal course of business and mailings [16] at Monsanto, something was directed toward you, you would [17] have received it; is that correct? [IS] A. Likely, yes. [19] Q. Okay. I don't want to go down that road again. [20] The second page of this document indicates that [21! it was apparently sent or at least written, published by the [22] Environmental Control Program, Galveston County Health Page 850 [1] District, August 24, 1979. Is that correct? [2] A. Wefl, that's what 1 read there, yes, sir. [3] Q. Could you - or, I'm sorry, scratch that. [4] Doyou recall why, as late as August 24, 1979, at [5] least, you could have received this document even later, but [6] at least as of that date, you were still receiving [7] information on vinyl chloride? [8] MR. SARFATTI: I object to the question to the [9] extent it has a certain assumption that's not borne out by [10] the testimony as to receipt of the document. [11] BY MR. JOHNSON: [12] Q. Mr. Papageorge, it appears that at least as late [13] as August 24, 1979. you were still receiving information [14] regarding vinyl chloride; is that correct? [15] MR. SARFATTI: Same objection. [16] A. I was receiving information regarding vinyl [17] chloride in a different context. This had to do with the [18] Texas City Wye, as distinguished from vinyl chloride in a [191 product sold by Monsanto. [201 BY MR. JOHNSON: [21] Q. And how critical is that distinction? [22] _____ A. Well, it depends what you are looking for.________ Page 851 [1] Q- Well, I'm sorry, sir, you made the distinction, [2] so I'm just asking you what difference it makes. [3] A. Well, you made your question sound to me as [4] though I was on somebody's mailing list that said I would [5] get a steady flow of vinyl chloride information, and I [6] didn't really perceive it that way. I got the initial [7] information as it related to an OSHA action, and it did I [8] relate to a product. This documoit I'm now looking at ! [9] relates to a reported finding from the Texas City Wye. i [10] Q. Well, you may have, perhaps, misunderstood my [11] question, but - [12] A. I may well have. [13] Q. Do you recall the, quote, "m between magazine" [14] close quote, article that apparently was attached to this j [15] originally but does not appear here, regarding the | [16] petroprocessor pits at the Wye in LaMarque? [17] A. No, I don't. [18] Q. Regarding the next sentence, and the alleged [19] exposure to, quote, "possibly deadly amounts of vinyl [20] chloride between 1973 and 1978 by some LaMarque residents," [21] do you recall that subject? [22] A. No. Where are we? I'm haying a hard time Page 852 [1] finding that. [2] Q. I'm sorry, we're at the second sentence of the [3] first paragraph. Quote, "A major criticism expressed by [4] this article is that LaMarque residents in the Sunflower [5] Mobile Home Park were exposed to 'possibly deadly amounts of [6] vinyl chloride between 1973 and 1978', ' close quote. [7] A. I don't remember that, but that's what it says. [8] Q. And again, you don't recall receiving this [9] document? [10] A. That's true. [11] Q. Would you agree with the sentence under "public [12] awareness" that reads, "The Petro-Processors Pits at the Wye [13] in LaMarque have been recognized as a serious environmental [14] problem since the early 1960's"? [15] MR. SARFATTI: Objection; lack of foundation. [16] A. 1 have no way to agree or disagree with that, [17] since 1 know nothing about the 1960's and early '70's. 1 [18] have no way to evaluate that sentence, so 1 can't agree with [19] it, I can't disagree with it. [20] BY MR. JOHNSON: [21] Q. How about under Paragraph 2, "Vinyl chloride [22] hazard," quote, "It was not until 1974 that vinyl chloride Page 853 [1] became recognized as a human carcinogen, " close quote. Do [2] you have any reaction to that sentence? [3] A. That is my understanding. I agree with that. [4] (Papageorge Deposition Exhibit 74 marked for [5] identification.) [6] (Witness peruses said document.) [7] MR. JOHNSON: The Bates range for this exhibit is [8] MCO 6550949 through MCO 6550952. It's a memo, memorandum [9] dated November 4, 1957, to a J. S. Putnam at Texas City. [10] THE WITNESS: I have glanced over the document [11] and I have - this is the first time I've seen it. [12] BY MR. JOHNSON: [13] Q. Mr. Papageorge, doesn't it appear, again, tluit [14] you were an addressee with regard to litis document, by [15] virtue of your name written next u> an "XC" in the upper [16] right-hand comer? [17] A. That is certainly there, but I just can't recall [18] this at all. [19] Q. But that's been the case with a number of [20] documents, as well, so - [21] A. That's right.1 11 [22] ________Q. But it would appear that you would, in the likely Page 854 [1] course of business, have received this documetu? [2] A. Probably. [3] Q. Okay. Do you know who J. S. Putnam is? j [4] A. No. j [5] Q. Do you have any idea who would lutve sent this | [6] document to you? ; [7] A. No. i [8] Q. Does it appear to you that, to the column just [9] below to the right of your name, there are the initials [10] "GLT"? Does that look tike "GLT" to you? [11] A. I see the "LT." I can't make out the first [12] letter. [13] Q. Were the plant manager's initials "GLT"? [14] A. 1 believe you are right, Gene Tromblee, yes, [15] mm-hmm. [16] Q. So it's - if that is GLT, then Mr. Tromblee [17] received this document as well, probably; is that correct? [18] A. Oh, I - your guess is as good as mine. Page 847 to Page 854 202-347-3700 ACE-FEDERAL REPORTERS, INC. WATER PCB-SD0000063817 BSA Depo of: WILLIAM B. PAPAGEORGE Monsanto v Aetna February 10, 1993 CR: 54388.0 XMAXQ7) [19] Q Do you have any idea as to why someone would have [20] sent this document to you? [21] A. I do not. [22] Q. Could it be that the document, this document Page 855 [1] addresses waste materials taken to North 80 for disposal? [2] You cm find that reference on the first page. [3] A. Yes, I see that reference. It could be. I have, [4] like I said earlier, I have no idea how this relates to [5] activity in 1979. [6] Q. Well, I'm sorry, sir, why are you relating it to [7] 1979? [8] A. Wed, that's when I was involved with these kinds [9! of situations. '77-'78-'79. [10] Q. You cotdd have received this document as early as [11] 1977; is that what you scad, in essence? [12] A. That's, that is - if I did receive it, that [13] would be the earliest date that I can realistically state as [14] being a possible date. [15] Q. And again, you would have received it, perhaps, [16] as early as that date for what reason? [17] A. Wed, that's when I'm having some problems [18] determining -- since I don't have any recollection on it, I [19] just would be guessing. ]201 Q. The first mtmbered paragraph discusses styrene [21] tars, and it reads, quote, "A project is now being submitted [22] for capital expenditure of $150,000 to remedy this Page 856 [I] situation." close quote. ]2] A. I see it. [3] Q. Do you have any sense as to what, quote, "this [4] situation'' refers to? [5] A. I know nothingabout it. [6] Q. Let's mm to MCO 6550951. [7] A. I have it. [8] Q. Okay, paragraph12,and it refers to chlorinated [9] tar from VCM. Would you read duu paragraph aver and tell [10] me whether you have atty recollection of what situation this [11] refers to? [12] A. I know nothing about that. [13] Q. And then below that, there is a paragraph, the ]141 first sentence of which talks about a visit to North 80 by [15] Mr. Ptunam and a Mr. Wood. Do you know Mr. Wood? [16] A. I do not. [17] Q. Have you ever heard Mr. Wood's name mentioned [18] before? [19] A. Since I don't know who Mr. Wood, which Mr. Wood [20] this is, I - [21] Q. Well, which Mr. Wood could it have been? [22] A. 1 don't know the Mr. Wood that would fit this Page 857 [1] scenario. [2] Q. Which - [3] A. I know other Mr. Woods in Monsanto who were [4] marketing people had nothing to do with this. [5] Q. You didn 't know any Mr. Woods who were at Texas [6] City? ]7] A. That is correct. /8] Q. You don't know any Mr. Woods who might have [9] visited North 80 in 1957? [10] A. I do not. [11] Q. Does the name "N. F. Wood" ring a bell with you, [12] sir? [131 A. No. [14] Q. Mr. Papageorge, when you received documetus [15] througiwut tite years you were at Monsanto, was it your [16] policy to read those documents? [17] A. Wed, it depends on the type of document, and if [18] I felt it related to what I was interested in, certainly I [19] would read it. If it was the equivalent of junk mail, I [20] didn't have time to waste on it. [21] Q. Was it your policy to read documents that were [22] addressed to you on Monsanto letterhead? Page 858 [II A. Certainly. [2] (Papageorge Deposition Exhibit 75 marked for [3] identification.) [4] (Witness peruses said document.) ]5] BY MR. JOHNSON: [6] Q. Papageorge Deposition Exhibit 75 isBates stamped I [71 MCO number 8250928, and it's a letter on Monsanto letterhead l [8] dated February 9, 1978. I assume you've been able to read I [9] this pretty quickly. [10] A. Yes, sir. [Ill Q Is that yourhandwriting on the right-hand [12] comer, "File - Styrene "? [13] A. Yes. [14] Q. So we found one tiuu has your handwriting on it; [15] okay. [16] - Who is TomSmith? Senior Vice-President, [17] Marketing Coordination, I understand tltat, but with respect [18] to what? [19] A. He is the corporate vice-president who concerns [20] himself with corporate-wide marketing activities. [21] Q. And in that connection, then, why would he be [22] writing a letter to the Manufacturing Chemists Association Page 859 [1] regarding replacing you from the Styrene Technical [2] Committee? [3] A. If memory serves me right, Mr. Smith at that time [4] was Monsanto's official representative on the Manufacturing [51 Chemists Association Board of Directors or whatever they [6] call the policy group there, and being a member of an - [7] sort of an official in the Manufacturing Chemists [8] Association, he is the one to make the assignment as to who ]9] from Monsanto would fulfill jobs of the type described here. [10] Q. What was the Styrene Technical Committee? [11] A. It was a group of representatives from the [12] various styrene manufacturers and users that met on some [13] sporadic basis to discuss anything that came up regarding [14] styrene. [15] Q. What do you mean by sporadic? [16] A. It was not a case where they met on some specific [17] time schedule. They met only on an as-needed basis, and [18] that need would be perceived either by the chairman of the [19] committee or any of the members who would ask that a meeting [20] be held to discuss some issue. [21] Q. How long were you on this committee? [22] A. As best I recall, it was from late '76 to the Page 860 [1] date of this letter. [2] Q. And Mr. Smith appointed you to this committee? [3] Is that correct? [4] A. I don't really know who appointed me. I was [5] informed that I was a member and I attended a couple of [6] meetings, and that's about the extent of my involvement. [7] Q. Where were those meetings held? [8] A. In the Manufacturing Chemists Association offices [9] in Washington, D.C. [10] Q. Why were youreplaced? [11] A. In '78 - I'm trying to associate some change. I [12] just don't know. Mr. Schlattman was a DEO of the Plastics, [13] Monsanto Plastics Company, and someone decided that Mr. [14] Schlattman, who represented the plastic company, would be a [15] more logical representative. I don't know who that was that [16] decided that. [17] Q. Did you have any objections to being replaced? [18] A. No. [19] Q. Why not? [20] A. Well, selfishly, it meant a lot of work for me, [21] and I was glad to share the workload with someone, and on [22] the other hand, 1 really didn't have any particular styrene1 11 Page 861 [1] expertise to bring to the party, so my replacanent really [2] didn't result in any loss, as far as Monsanto was concerned. [5] Q. If you didn't, touse your word, have particular [4] expertise ut styrene - [51 A. Right. [6] Q. - did it strike you as surprising that you were [7] named to the committee at all? [8] A. Not necessarily surprising, because remember, in ; [9] 1978, I was the DEO of the Monsanto Chemical Intermediates | [10] Company which manufactured the styrene, so it fit in with [11] the kinds of materials made by MCI. [12] Q. But wouldn't it be logical to assume that the [13] Styrene Technical Committee would be made up of people who [14] were experts m styrene? [15] A. WeD, I like to think that they had expertise of [16] many types represented on that committee. ACE-FEDERAL REPORTERS, INC. 202-347-3700 Page 854 to Page 861 WATER PCB-SD0000063818 BSA Depo of: WILLIAM B. PAPAGEORGE Monsanto v Aetna February 10, 1993 CR: 54388.0 XMAXC28), [17] Q. But particularly styrene. [IS] A. That's what we're talking about, styrene. [191 Q. Right. ]20] A. Yes. There's researchexpertise, there's [211 manufacturing expertise, there's marketing expertise, [22] there's health expertise, and so on. Page 862 [1/ Q. But you stud you didn't have expertise in ]2/ styrene, (sn't that correct? ]3] A. I only had a one-year assignment to styrene, so I ]4/ didn't come on board with any real background, so I couldn't [5] really bring anything to that party other than representing ]6] Monsanto, a manufacturer. [7] Q. So would you - would it be fair to say that you [8] would stay relatively quiet during these meetings of the ]91 committee? [10] A. Generally, yes. [11] Q. Now, you also said that the committee met [12] sporadically. Isn't that correct? [13] A. I did. [14] Q. You also said that when Mr. Schlattman replaced [15] you, you weren 7 disappointed because it had involved a lot [16] of work; is that correct? [17] A. Well, it involved some work. I don't know that I [18] used the word a lot of work. It involved work, which 1 was [191 willing to share -- [20] Q. Preparing? [21] A. Weil, sure, preparing, travel time, away from the 122] office, responding to correspondence, what there was of it, Page 863 [1] staying kind of tuned in, yes, it takes time. ]2] Q. Do you recall as a topic at one of the committee [3] meetings or in any correspondence while you were on the [4] committee, the issue of disposed of styrene? [5] A. No. [6] Q. When you were appointed to the committee, did you [7] have any knowledge regarding the disposal of styrene? [8] A. No. [9] Q. None whatsoever? [10] A. That's right. [11] Q. Wouldn't it be logical to think that the Styrene [12] Technical Committee would consider, among other things, the [13] disposal of styrene? [14] A. Oh, I don't know that I would call it illlogical [15] (sic). It could be a subject of discussion, assuming that [16] there was a problem. I don't recall anybody at any session [17] pointing out that, "Hey, disposal of styrene poses some [181 problem that we all need to get together on and solve." [19] That never came up. [20] Q. Would Mr. Schlattman have known more about ]21] disposal of styrene tlum you? [22] _____ A. 1 don't know. You'D have to ask someone else Page 864 [1] about that. I just don't know. [2] Q. Did you ever convene any of these meetings? 13] A. Did 1 chair them, you mean, or call for one? No. ]4] Q. Well, yeah, convene. ]5] A. I did not. [6! Q. Did anyone at Monsanto ever direct you to call [7] for such a meeting? [8/ A. Nope. [9] Q. How about health issues related to the handling [10] of styrene: Did they come up at any of these sessions you [III attended or in any of the correspondence you received? [12] A. I don't remember any health issue that wasn't [13] already well-known and well documented, so nothing came up [14] in the way of new discussions regarding health issues. [15] Q. So, then, if you didn't talk about disposal of [16] styrene, as you recall, and you didn't talk about health [17] issues related to styrene, what other issues were talked [18] about in these committee meetings regarding styrene? [19] A. I honestly don't remember. 120] Q. Did you take notes at any of these meetings? [21] A. No. I don't take notes. [22] _____ Q. Did you have to report back on what happened at Page 865 [1] these committee meetings to anyone at Monsanto? [2] A. No, unless I learned something that was - that [3] struck me as being totally new, different and important. If [4] nothing resulted from the meeting, I would have nothing to ; [5] communicate. I [6] Q. So it was discretionary with you to decide | [7] vdiether or not to communicate the results of any of these [8] meetings? [9] A. That is right. [10] Q. And how long did these meetings generally last? [11] A. A couple of hours. [12] Q. So would there just be a one-day meeting in [13] Washington, D.C.? [14] A. Yeah, something like starting at 10K)0 and finish [15] by noon, that sort of schedule. [16] Q. Presumably, you had to report to your superiors [17] that you were going to Washington, D.C., for a meeting of [18] the Styrene Technical Committee, didn't you? [19] A. You mean a report in the way of an expense [20] account, or teQ them in advance I'm going? [21] Q. Yes. [.22] A. No.________________________________________________ Page 866 [1] Q. Did you have to tell your secretary? [2] A. Oh, certainly. She arranged my travel [3] arrangements; she knew it. [4] Q. What's the approximate date, again, when you were [5] no longer on the Styrene Technical Committee? [6] A. It became effective the date of this letter, [7] really, as far as Monsanto was concerned. [8] Q. I'm sorry, Mr. Papageorge, Mr. Smith says in the [9] letter that, quote, "We would like to replace Mr. [10] Papageorge. " It doesn't say that it became effective [11] immediately, does it? [12] A. Well, in the real world, the minute Mr. Smith [13] sent this letter out, Mr. Schlattman took over. That's what [14] happened. [15] (Papageorge Deposition Exhibit 76 marked for [16] identification.) [17] MR. JOHNSON: The Bates range we'll use as WHP [18] 0323077 through WHP 0323080. It's a Monsanto memorandum 119] dated February 7, 1978: Subject, "MCA Styrene Chronic [20] Toxicology." [21] (Witness peruses said document.) ]22] BY MR. JOHNSON:___________________________________ Page 867 [1] Q. Whenever you are ready, Mr. Papageorge. [2] (Witness continues to peruses said [3] document.) [4] A. 1 have reviewed the document. [5] Q. Would you agree that this is a type of document [6] normally - I'm at a loss for words, here - that was [7] drafted and presented in the normal course of Monsanto [8] business? [9] A. Yes. [10] Q. Sorry about the lack of eloquence on that. [11] Do you recall seeing this document, Mr. [12] Papageorge? [13] A. I recall the subject matter. I'm having [14] difficulty, again, placing the specific document, [15] Q. You were "cc:'d" on this, this first document [16] dated February 7, 1978; is that correct? [17] A. That's what it shows. [18] Q. What did you know back on February 7, 1978, shall [19] I say up to the date of this memorandum, regarding the [20] toxicology of styrene? [21] MR. SARFATTI: Objection; vague, lackof1 [22] foundation.__________________________________________________ Page 868 [1] (Witness peruses said document.) [2] A. Reading this document refreshes my memory [3] slightly in terms of I recall the Dow study, the styrene and [4] leukemia, and I recall that there remained some questions [5] about the validity of that work and the need to conduct [6] further study. I just, that's all I remember. [7] BY MR. JOHNSON: [8] Q. Why would you have received this document? [9] A. Because the plant in Monsanto that manufactured [10] styrene was part of the MCI organization and I was part of [111 MCI. [12] Q. I think - correct me if I'm wrong, and if we [13] have to go back and look at the transcript, maybe we will, [14] but in response to a question by Mr. Manta regarding [15] hydrogeology - Page 861 to Page 868 202-347-3700 ACE-FEDERAL REPORTERS, INC. WATER PCB-SD0000063819 BSA Depo of: WILLIAM B. PAPAGEORGE Monsanto v Aetna February 10, 1993 CR: 54388.0 XMAXI29) [16] A. Correct. [17] Q. - you said that you had no expertise in [IS] hydrogeology, in essence, in the same sense that you had no [191 expertise in toxicology. Do you recall that? [20] A. Yes. ]21] Q. So why would you have received a report regarding [22] toxicology of styrene?________________________________________ Page 869 [1] A. Well, you'll have to ask the author of the report ]2] what intent he had in copying me in. I can't speak for him. [3] Q. Well, unfortunately, I can't ask the author of [4] the report, and l would assume that you would have a pretty [5] good understanding of why you received certain documents ]6] while you worked at Monsanto. I'm not asking about - I'm [7] not asking you about the intent of the person who sent it to [8] you, I'm asking you why you think you received this [9! document. [10/ A. Because I represented the environmental [11] operations function of the operating unit in Monsanto that [12] produced styrene, and it was within my organization that I [13] had an individual who concerned himself with industrial [14] hygiene matters as it relates to the workplace. Because of [15] that connection, in turn, from the Manager of Industrial [16] Hygiene down into the plants, this was a way to communicate [17] information of this type. That's why I would expect - I'm [IS] not surprised that I received information like this. /19] Q. Okay. I ask you to turn your attention to the 120] last page of this document, and it refers to an MCA - l [21] assume that's Manufacturing Chemists Association - Styrene [22] Toxicology Committee meeting, February of 1978. Isn't tluu Page 870 [1] correct? [2] A. It does. [3] Q. And the second paragraph, in particular, says, ]4] quote, ''The memo (MCT to IF, February 7, 1978) covers the [5] agreed-upon position and strategy that was arrived at today [6] among the following," and your claim is listed among people [7] there. What - first of all, who is "MCT"? [8] A. "MCT"? Mr. Throdafal. [9] Q. Okay, and is that "IF"? [10] A. I'm - where are we reading? [11] Q. In the parenthetical in the paragraph I just [12] quoted. The memo, "(MCT to LF)"? [13] A. "LF" is Louis Fernandez. He's referring to the [14] first several pages of this exhibit. [15] Q. Okay. Wluu do you think he means by the word [16] "strategy''? [17] MR. SARFATTI: Objection; lack of foundation. [18] A. I can only share with you my understanding of the [19] word. It's the - it's an attempt to describe the actions [20] to be taken within Monsanto to respond to this new piece of 121] information regarding styrene. ]22[BY MR. JOHNSON: Page 871 [1] Q. And would that "strategy " be communicated at a ]2] meeting of the Styrene Toxicology Committee? [3] A. Well, first, I don't know of any such committee. [4] I don't remember such a title, but that strategy, adopted by [5] Monsanto - wed, you'll have to ask the spokesman that [6] attended that MCA meeting as to what it is they did when ]7] they were there. I don't know. ]8] Q. Well, this may be a mistake by Mr. Throdahl when [9] he refers to it as the, quote, "Styrene Toxicology [10] Committee. " Perhaps he's referring to the Styrene Technical ]tl] Committee. Is that possible? [12] A. That is posable. [13] Q. Okay, atul it does say, again, that there was a, [14] an agreed-upon position arrived at by a group of people, [15] including yourself Isn't that correct? [16] A. It is correct. [17] Q. So presumably, you took part in discussions to ]I8] reach an agreed-upon position and strategy; is that correct? [19] A. That is correct. [20] Q. Do you recall what that was, again? [11] A. Not in total detail. [22] Q^. Well, in less than tPoataglede8t7a2il, then. : [1] A. It's reflected, as I said earlier, it had to do [2] with questioning, really, the validity of the Dow study [3] results and the supporting of continued studies, to either [4] confirm the findings or, or whatever the results might [5] indicate, and communicate to the employees the status of all [6] this in terms of Dow's results an Monsanto's opinion of the [7] results and what Monsanto is going to do further. [8] Q. Would this topic of styrene chronic toxicology [9] have come up at earlier meetings of the Styrene Technical [10] Committee that you attended? [11] A. I don't, I just don't remember. [12] Q. Would positions and strategies, to use those [13] words, of Monsanto, have come up at these meetings? [14] A. At the MCAStyreneCommittee meetings? [15] Q. Yes, sir. [16] A. No, sir. [17] Q. Well, could you explain to me, then, under the [18] list of names, what the paragraph means that reads, quote, [19] "This memo will serve as a guide for the MCA Styrene [20] Committee meeting in Washington, D.C., February 10"? 1'U [21] just read that much of it. [22] _____ A. That tells me that the MCA Styrene Committee had Page 873 [1] called for a meeting on February 10th to describe Dow's [2] findings, to discuss Dow's findings. Monsanto got word of [3] that and chose to develop this strategy as described in this [4] document and chose Mr. Schlattman, Dr. Levinskas, and Mr. PI Waggoner to attend that meeting and represent Monsanto's [6] position. That's what that says to me. [77 Q. So Mr. Schlattman would have had an active role [8] in this meeting on February 10th in Washington, D. C. Isn `t [9] that correct? [10] A. Yes. [11] MR. SARFATTI: Objection;lackof foundation. [12] A. (Continuing) That's what this memorandum [13] indicates. [14] BY MR. JOHNSON: [15] Q. Would it be fair to say that this would have been [16] quite a departure from the role that you had in the styrene [17] committee meetings when you sat on it, based on your [18] testimony thus far? [19] MR. SARFATTI:Objection to the form. [20] A. If managemwit within Monsanto had decided to have [21] me continue to represent Monsanto on this committee, I would [22] have been furnished the same information that Mr. Schlattman Page 874 [1] was. [2] MR. HUGHES: Would you mind reading back my [3] question? [4] I appreciate your answer, but 1 don't think it [5] responds to the question. I'm sorry. [6] (Discussion off the record.) [7] THE COURT REPORTER: [8] "Q. Would it be fair to say that this would have [9] been quite a departure from the role that you had in the [10] styrene committee meetings when you sat on it, based on your [11] testimony thus far?" [12] A. I don't see it as a departure. [13] BY MR. JOHNSON: [14] Q. You did testify earlier, though, tluu you had a, [15] sludl we say, passive rote in your attendance in the [16] meetings previously. Would that be an accurate statement? [17] A. That's because I had nothing new to offer. This [18] would have been something new, so that [19] Q. Are you saying this is the first time that, in a [20] sense, Monsanto had something new to offer at one of these [21] Styrene Technical Committee meetings? [22] A. No, I didn't say that. I said that the few times1 11 Page 875 [1] that I attended - I don't think it was more than twice [2] Monsanto had nothing new to offer to the group. If [3] something like this had come up during those two times that [4] I attended, I would have played a more active role. It's P] just the way the information was made available. [6] Q. Let's go back to the first page of the document. [7] Okay? Under "Backgroundfacts." says, "A two-year MCA study [8] by Dallas Toxicology Laboratory " [9] A. Yes. [10] Q. Okay, this was a study that was commissioned by [11] MCA; would that be fair to say? [12] A. That's what it indicates, mm-hmm. [13] Q. And a two-year study had been completed as of [14] February 7, 1978; is that correct? ACE-FEDERAL REPORTERS. INC. 202-347-3700 Page 868 to Page 875 WATER PCB-SD0000063820 BSA Depo of: WILLIAM B. PAPA GEORGE Monsanto v Aetna February 10, 1993 CR; 54388.0 [151 A. That's what it inriiratfs or implies. [16] Q. And you were on the committee before 1978, as you ]I7] testified. Isn't that correct? [181 A. For about a year. [191 Q. Right. Now, do you remember - [20] A. Or really - no, let me think a bit. Yeah, a [21] little over a year. [22] Q. Okay. When you came on the committee, were you Page 876 [1/ aware of this study being done for MCA by Dow? ]2] A. 1 was aware of an ongoing study, but 1 did not [3] have any updates on the results. 14] MR. JOHNSON: Let's go off the record, here. [5] (Discussion off the record.) [6] MR. SARFATTT: Let's just go back on the record [7] and say that we're adjourning the deposition to be [8] recommenced at a later date within the next several weeks, ]9] hopefully, convenient to all parties, and of course, the [10] witness. [11] (Whereupon, at 5:03 p.m., the deposition was [12/ recessed.) [13] [14] [151 [16] [17] [18] [19] 120] [21] [22[ Page 877 [I] COMES NOW THE WITNESS. WILLIAM B. PAPAGEORGE, and [2/ having read the foregoing transcript of the deposition taken [3/ on the 9th and 10th days of February, 1993, acknowledges by [4] signature hereto that it is a true and accurate transcript [5] of the testimony given on the date hereinabove mentioned. [6] [7] [8] [9] WILLIAM B. PAPAGEORGE [10] [HI [12] Subscribed and sworn to before me this day [13] of , 1992. [14] [15] My Commission expires: [161 [17] [IS! [19] [20/ Notary Public [211 [221 Page 878 [I] STATE OF MISSOURI ) 12/ SS: ) [3] CITY OF ST. LOUIS ) [4] I J. Bryan Jordan, notary public in and for the [5/ State of Missouri, duly commissioned, qualified and [6] authorized to administer oaths and to certify depositions, [7] do hereby certify that pursuant to agreement in the civil [8] cause now pending and undetermined in the Superior Court of /91 the State of Delaware, to be used in the trial of said cause [101 in said court, 1 was attended at the Ritz Carlton Hotel, in [11] the County of St. Louis, State of Missouri, by the aforesaid [12] witness and by the aforesaid attorneys, on the 9th and 10th [13] days of February, 1993. [141 The said witness, being of sound mind and being [15] by me first carefully examined and duly cautioned and sworn [16] to testify the truth, the whole truth, and nothing but the [17] truth in the case aforesaid, thereupon testified as is shown [18] in the foregoing transcript, said testimony being by me [19] reported in shorthand and caused to be transcribed into [20] typewriting, and that the foregoing pages correctly set [21] forth the testimony of the aforementioned witness, together [22] with the questions propounded by counsel and remarks and 1 Page 879 [1] objections thereto, and is in all respects a full, true, [2] correct and complete transcript of the questions propounded [3] to and the answers given by said witness; that signature of [4] the deponent was not waived by agreement of counsel. [5] I further certify that 1 am not of counsel or [6] attorney for either of the parties to said suit, not related [7] to nor interested in any of the parties or their attorneys. [8] Witness my hand and notarial seal at St. Louis, [9] Missouri, this day of , 1993. [10] My commission expires July 20, 1994. [HI [12] [13] J. Bryan Jordan [14] Notary Public in andfor the [15] State of Missouri [16] [17] [18] [19] [20] [21] [22]____________________________________ XMAXOO) Page 875 to Page 879 202-347-3700 ACE-FEDERAL REPORTERS, INC. WATER PCB-SD0000063821 BSA_____________________ ________ Depo oft WILLIAM B. PAPAGEORGE Monsanto v Aetna February 10, 1993 CR: 54388.0 Look-See(311 Look-See Concordance Report 2,503 UNIQUE WORDS 386 NOISE WORDS 33,027 TOTAL WORDS SINGLE FILE CONCORDANCE CASE SENSITIVE WORD RANGES @ BOTTOM OF PAGE -$- $150,000 [11 855:22 $2 [11 832:11 $30,8466,000 [1] 806:5 $325 [11 832:11 _________ - 0 0 [1] 701:21 000795 [II 693:22 0026493 [1] 713:16 0037772 [1] 786:7 0323077 [11 866:18 0323080 [11 866:18 0323267 [11 838:15 0323271 [11 838:4 0323272 [11 838:1 0372862 [1] 741:20 0426100 [I] 712:12 0426136 [11 701:1 -1- I [11 747:18 1-10 [11 783:21 10 [2] 679:1; 872:20 101 [1] 712:13 1025 [11 675:8 103 [2] 702:2, 18 106 [1] 689:13 1096 [1J 785:3 10:00 [11 865:14 10:25 [11 717:11 10:45 [1] 717:11 10th [51 674:21; 873:1, 8; 877:3; 878:12 II [21 701:20; 713:19 1100 [11 784:2 12 (61 703:8: 707:1, 9, 12; 727:10; 856:8 12:05 [11 760:15 1399 [1] 715:21 13th [1] 760:21 152 [3] 766:5, 10, 11 1604075 [11 810:13 1604373 [11 753:13 1604581 [1] 747:20 164 [I] 766:4 16th [11 692:14 17 [11 845:2 1708 [1] 761:2 1776 [11 676:4 19 [21 780:18: 793:12 1900848 [11 780:19 1957 [21 853:9; 857:9 1960 [21 852:14, 17 1962 [1] 785:8 1970 (11 718:15 1973 (31 847:6; 851:20; 852:6 1974 [61 837:16; 839:2; 844:22; 845:2; 846:19; 852:22 1975 [II 785:9 1977 [14] 717:15; 735:7; 773:7; 788:2, 10, 14; 790:8; 15; 690:7; 693:9. 17 791:18; 792:19; 796:5, 12; | 496 [11 713:16 765 [11 678:1 77 [7} 687:6; 773:14; 792:6; 798:11; 802:14; 855:11 1978 [14] 793:13; 801:11; -5 - 797:12; 809:17; 810:13: 855:9 806:15; 851:20; 852:6; | J (11 693:18 858:8; 861:9; 866:19: ; 5-19-82 [1] 778:7 867:16, 18; 869:22; 870:4: I 50 [5J 677:11; 693:14, 19, 875:14, 16 ! 20; 696:22 1979 [10] 741:18; 784:8, i 51 [31 677:12; 700:17, 20 16; 786:5; 787:1; 850:1, 4, I 52 [3] 677:13; 701:12, 16 13; 855:5, 7 1980 [12] 718:15; 721:4; 722:21, 22: 724:16; 725:5; 728:3, 19; 730:7; 732:21; 734:5; 756:7 1981 [8] 735:12; 744:17; 803:20; 806:18: 808:4, 14, 15; 810:3 1982 [28] 689:12; 690:10: 691:8; 692:14; 694:18, 19; 697:9; 698:8; 699:17; 717:16; 747:18; 750:22; 751:3; 760:21; 766:2: 775:13, 18; 776:8; 777:2, 11; 778:22; 779:6; 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810:18 22nd [11 844:22 24 [3] 850:1, 4, 13 250-thousand-dollar [1/ 727:15 26 [1] 810:15 28-page [I] 777:3 2:15 [11 787:8 781:19 65 [31 678:4; 783:16, 20 6550949 [1] 853:8 6550951 [11 856:6 6550952 [1] 853:8 6551695 [1] 761:2 6552343 [1] 777:7 66 [3] 678:5; 786:1, 4 67 [41 678:6; 803:1, 16, 19 679 [1] 677:3 68 [3] 678:7; 810:10, 13 689 [1] 677:10 69 [31 678:8; 834:9, 12 693 [11 677:11 696 [11 765:2 772-5759 [1] 675:19 773-5529 [11 675:18 776 [11 678:2 779 (11 678:3 78 [81 687:7: 793:3, 22; 800:20; 801:2; 828:12: 855:9: 860:11 783 [11 678:4 785 [11 678:5 787 [1] 677:4 79 [7] 751:11; 787:2; 793:3, 22; 800:20; 801:2; 855:9 79-1092 [1] 784:2 -8 - 8/6/82 [1] 760:22 SO [55] 761:18, 20, 21: 762:3, 5, 11, 20; 763:14; 764:4, 9, 14, 18: 765:18: 766:22; 767:5, 21; 769:13; 770:6, 8, 16, 19, 21; 771:13: 772:9, 18; 773:1, 3, 11, 18, 22; 774:7, 9. 22; 775:8, 14, 18, 22; 776:4, 11; 777:12; 780:17: 781:4; 787:22; 788:5; 789:1, 6, 10; 791:4, 22; 792:10: 793:11; 795:15; 855:1; 856:14; 857:9 803 PI 678:6; 694:1 81 PI 789:13; 808:15 810 (11 678:7 82 [4] 749:19; 751:11; 776:15; 789:14 8229030 [1] 841:13 8229031 [1] 841:14 8250928 [11 858:7 828-3163 [I] 676:6 83 p] 704:7; 789:14 833 [1] 678:8 837 PI 677:5; 678:9 84 [11 747:20 841 [11 678:10 844 [1] 678:11 848 [I] 678:12 853 [11 678:13 858 [11 678:14 866 [11 678:15 88 [11 674:8 - 9- 2:20 [I] 787:8 -7- 9 [1] 858:8 -3- 3 [11 744:17 30 [1] 741:18 300 [I] 675:7 300,000 [11 785:10 31st [11 712:5 3414150 [1] 766:4 3414607 [11 803:19 3415164 [11 848:22 3416165 [11 849:1 371 [11 777:7 7 [71 766:2; 777:2; 866:19; 867:16, 18; 870:4; 875:14 70 [41 678:9; 837:19; 841:21; 852:17 700 [1] 677:12 701 [1J 677:13 703 [2] 677:14: 761:17 71 [3] 678:10; 841:9, 13 711 [11 677:15 713 [1] 677:16 715 [1] 677:17 7191398 (11 715:21 9-21-83 [I] 753:14 916 [1] 780:19 94111 [11 675:17 9431851 [11 844:20 9431852 [11 844:20 965-7910 [I] 675:10 979 [1] 703:12 983 [11 701:22 9:00 [1] 674:20 9th PI 877:3; 878:12 -A - -4- 72 [3] 678:11; 844:16, 20 73 [2] 678:12; 848:19 a.m. [11 674:20 Abandoned [1] 804:8 4 [41 697:2; 700:21; 715:19: 74 [3] 678:13; 786:7; 853:4 able [11] 685:8; 699:3, 5; 853:9 ; 741 [11 677:18 | 739:14; 744:3, 6; 778:16; 4-13-83 [1] 713:17 400 [1] 675:16 415 [21 675:18, 19 ! 744 [1] 677:19 ! 747 [1] 677:20 i 75 [3] 678:14; 858:2, 6 I 781:19; 820:21; 822:2: | 858:8 j abreast (11 718:12 429-7049 [1] 676:7 753 [1] 677:21 j absence PI 697:20; 739:18 46 [1] 692:9 ; 76 [3] 678:15; 859:22: | absolutely pj 769:22; 48 [1] 689:17 49 [71 677:10; 689:8, 11, i 866:15 | 760 [1] 677:22 803:10 I accept [5] 706:17; 814:15, 16; 838:9, 12 Acceptability [1] 847:8 acceptable [11 761:5 acceptance [1] 706:2 accepted [3] 699:11; 802:1; 813:10 access [1] 758:13 accident [1J 834:3 accidental PI 832:9; 833:10 accompany [1] 744:9 account [3] 725:18; 836:14: 865:20 accurate [6] 706:4; 741:10: 773:1; 806:11; 874:16; 877:4 achieving (1J 737:5 acknowledges [1] 877:3 acquiring PI 691:7; 706:15 Act [4] 688:2; 691:21; 719:10; 823:17 action [6] 735:10; 789:9, 19; 824:9; 843:6; 851:7 actions PJ 775:6; 870:19 active [3] 814:22; 873:7; 875:4 actively [1] 789:18 activities [12] 684:10; 718:14; 730:17; 731:5; 732:17; 736:17, 22; 805:7, 11; 815:1, 12: 858:20 activity PI] 682:8; 684:13; 690:18; 691:22; 693:6; 702:9; 716:12; 721:13, 15: 729:4; 732:22; 749:13; 759:3, 6, 14; 760:1, 6; 775:13; 798:14; 824:6; 855:5 actual P] 831:11; 846:12 Adam [1] 693:18 add [1] 747:8 addition [4] 764:8, 16; 784:22; 807:10 address [3} 688:8; 729:22; 847:2 addressed [5] 684:3; 687:11: 688:19; 849:14; 857:22 addressee [1] 853:14 addressees [3] 700:22; 701:18; 786:11 addresses [1] 855:1 addressing [5] 687:16; 732:8; 774:22; 784:22; 785:19 adequate P] 729:19; 816:13 adhere [1] 778:8 adjacent [1] 765:7 adjective p] 731:20; 770:10 adjourning [1] 876:7 administer [1] 878:6 Administration [1] 842:12 adopted [1] 871:4 advance P] 787:20; 865:20 adverse [1] 843:8 AETNA [11 674:10 affect [11 720:11 affected [1] 825:22 aforementioned [1] 878:21 aforesaid [3] 878:11, 12, 17 afternoon [8] 749:21; 787:11, 12, 18; 795:9; 831:7; 837:9, 10 agencies [5] 730:14; 745:13; 759:6; 796:2; 824:8 Agency [1] 815:1 agency [19] 684:12; 685:22; 691:17; 730:13; 735:5, 9; 746:3; 770:2; 775:8; 788:18: 795:21; 796:7, 9, 21; 797:2, 3; 805:16; 814:3; 830:20 agent [1] 740:9 From $150,000 to agent WATER PCB-SD0000063822 BSA Depo of: WILLIAM B, PAPAGEORGE Monsanto v Aetna February 10, 1993 CR: 54388.0 _________________ Look-See(32) .we (13] 702:20; 703:22; '09:8. 21: 733:14: 819:11; 324:4; 839:1; 852:11, 16, 18; 853:3; 867:5 Agreed [1] 763:10 j creed (21 690:2; 699:12 agreed-upon (3] 870:5; 871:14, 18 agreement (5] 692:15, 20: 593:1: 878:7; 879:4 air 111 770:15 at (11 674:11 alerting [1! 843:7 allegation f6/ 684:14; 752:1, 4: 755:22; 757:8; 789:2 allegations [19] 686:1, 14; 756:4: 757:4, 12; 769:8; 772:14, 19; 773:11, 21: 788:3, 5, 8. 17: 789:10; 790:10: 791:4, 21; 795:15 alleged (4/ 751:2; 752:9; 754:16: 851:18 alleging [21 684:12; 829:4 alleviate [2/ 819:8; 821:15 allow (11 817:16 alluded (1] 834:20 amount (91 717:16; 720:5; 722:3; 727:1, 18, 22; 775:3; 827:14; 843:4 amounting [1] 722:18 amounts [5] 840:4, 13; 851:19; 852:5 analysis [1] 737:4 analytical [1] 759:9 analyzed (2] 790:12, 14 answer [14] 683:4; 702:12; 724:14; 726:21; 730:21; 731:3; 734:20; 741:4; 761:8; 812:8; 824:18; 830:1; 832:18: 874:4 answered (1) 793:2 answers (2] 742:20; 879:3 antecedent [2] 729:15, 16 anybody (7] 715:5, 9, 13; 723:15; 724:1; 801:12; 863:16 anymore [1] 703:4 Anyway [1] 734:2 anvwav [1/ 818:7 apologize (21 730:19; 787:20 apparentlv [2/ 849:21; 851:14 ' appear (61 704:1; 782:21; 851:15; 853:13, 22; 854:8 APPEARANCES [1] 675:1 appeared (2] 784:17; 788:21 appears (181 704:4; 709:10; 712:3. 17; 714:11; 748:7; 778:8: 781:5, 7: 811:6, 10; 821:2; 824:11: 831:10; 839:1: 841:20; 849:10; 350:12 applicable [1] 707:j0 application [4] 694:14, 22; 695:6, 11 / applied (21/771:3; 772:19 appointed'[5] 834:21; 835:6; 860:2. 4; 863:6 appreciate (1/ 874:4 approach [1] 706:9 approaches [1] 706:10 appropriate (4] 730:12: 737:13; 746:2; 789:20 appropriately [1] 721:19 approval [1] 699:13 approve [2] 822:11, 14 approved [2] 817:21; 819:1 approximate (1] 866:4 approximately [4] 766:21; 767:14. 20; 768:14 April [16] 703:8; 704:6, 7; 707:1, 9, 12; 713:19: 714:6: 727:10; 803:20; 806:18; 808:4, 14; 810:3; 844:21; 845:2 apt [I] 820:2 area (241 680:12; 695:17; 698:13; 717:17; 725:11; 733:1, 14; 752:15; 757:3; 764:18, 19; 766:13, 16. 17; 767:15: 768:3; 772:9; 825:22; 827:9, 11, 12, 19: 828:5; 832:19 areas [9/ 685:15; 700:8; 714:21: 826:2: 828:4, 7, 13. 22; 830:4 aren't [1] 783:22 argue [11 835:8 argument [1] 764:7 arising [3] 698:2; 716:9; 756:9 Aromatics [2] 750:8, 19 arose [1J 756:20 Arps [11 676:11 arranged (2] 785:11; 866:2 arrangement [3] 740:17; 822:11, 14 arrangements [1] 866:3 arranging [1] 789:19 arrive [2] 767:21; 800:18 arrived [3] 791:15: 870:5; 871:14 arrow [1] 778:7 article [12] 753:14; 783:22; 784:9, 12, 16; 785:19; 786:6, 8; 849:4; 851:14; 852:4 articles [4] 759:9, 10; 786:14, 17 as-needed [1] 859:17 aside [31 679:15; 841:4; 844:15 asking [151 692:22; 693:3; 695:22; 732:16; 733:5, 13; 743:10; 789:8; 824:20; 830:15; 834:18; 851:2; 869:6, 7. 8 Assessment [1] 780:16 assessment [5] 690:12; 691:6; 700:14; 702:5; 802:9 assigned [6] 687:19; 700:8: 725:21; 730:2; 847:9, 10 assignment [5] 736:16; 809:21; 847:2; 859:8; 862:3 assignments (2] 721:19; 753:22 associate (6] 681:20; 743:14; 765:10; 769:18; 772:9; 860:11 associated [5] 684:10; 686:6; 725:9; 756:18; 800:21 Associates [2] 692:16, 21 associates [1] 702:9 Association [5] 858:22; 859:5, 8; 860:8; 869:21 assume [6] 739:12; 829:9; 858:8; 861:12; 869:4, 21 assumed [4] 696:17, 19; 699:11; 724:13 assuming [1] 863:15 assumption [3] 829:12; 831:2; 850:9 assurances [1] 721:6 attached [13] 692:9; 694:12; 713:15, 19; 750:12; 783:21; 786:6; 810:18; 811:3; 814:13; 820:19; 832:6; 851:14 attachment [9] 692:12; 701:19; 713:18; 744:18; 777:4; 784:7; 804:7; 806:2; 813:18 attachments [3] 749:10; 760:20; 766:3 attempt [3] 679:17: 680:14; 870:19 attempted [1] 679:19 attempting [2] 689:2; 746:21 attempts [1] 745:19 attend [8] 679:19, 22; 680:2, 11, 14, 19; 682:14: 873:5 attendance [2] 783:7; 874:15 attended [18] 681:4, 16; 683:9, 19; 684:1; 688:20; 700:12; 708:19; 711:9, 16; 712:15; 860:5; 864:11; 871:6: 872:10; 875:1, 4; 878:10 attendee [3] 680:10; 688:12, 15 attendees [2] 680:5, 7 attending [5] 681:11; 685:8; 708:21: 730:12; 846:17 attention [6] 685:3; 722:9; 761:7; 784:10; 785:18; 869:19 attorney [5] 682:7; 683:1, 5; 814:21: 879:6 attorneys [5] 697:13, 15: 711:13; 878:12; 879:7 attribute [1] 770:14 August [4] 760:21; 850:1, 4, 13 Austin [4] 742:17, 19; 744:5, 9 author [3] 778:3; 869:1, 3 authored [1] 732:3 authority [4] 766:16; 788:4, 9; 789:16 authorized [1] 878:6 availability [2] 821:6, 14 available [10J 685:9; 698:20; 779:8, 21; 800:20; 821:2; 823:15: 824:11, 13; 875:5 avoid [2] 809:13; 842:16 aware [44] 687:5; 692:1; 694:7; 698:1: 707:1; 721:3, 18; 722:14, 16, 21; 723:1, 2, 3, 4; 724:6, 9; 728:8, 10, 14, 15; 734:7; 750:22; 751:22; 752:4, 7; 756:7: 757:4, 7, 13; 758:18; 774:16, 17; 777:14, 15; 788:3; 791:20; 792:2; 793:10; 795:14, 15; 843:9. 15; 876:1, 2 awareness [1] 852:12 awhile [1] 689:7 -B- Background [1] 875:7 background [3] 779:11; 813:7; 862:4 bailiwick [2] 725:10; 738:5 Bait [1] 765:7 bait [9] 762:7, 12, 16, 21; 765:11, 13, 18; 769:1; 771:6 Bank [1] 675:15 Barton [4] 846:1, 2, 15 Based [1] 825:13 based [18] 705:13; 708:15; 709:15; 790:20; 792:9; 798:22; 801:6, 18; 814:8; 815:13, 19: 817:5; 824:15: 825:19; 829:14; 873:17; 874:10 basic [1] 811:2 basis [6] 679:13; 680:16; 698:21: 708:12; 859:13, 17 Bates [17] 712:12; 713:14, 15; 744:18; 761:16; 783:22; 803:19; 810:13; 834:12; 838:1, 3; 841:13; 844:19; 848:22; 853:7; 858:6; 866:17 BAWsh [1] 703:10 Bay [11] 763:14; 764:5, 10; 765:7; 766:20; 767:5, 9, 10, 16; 768:10 bay [1] 768:20 Bayou [3] 745:19; 746:11; 805:8 bear [2] 689:2, 7 becoming [1] 794:3 begun [1] 807:17 behalf [51 674:18; 680:3; 692:16; 736:7; 756:13 beings [1] 842:14 belatedly [1] 813:4 belief [5] 727:8; 807:5: 808:16; 809:4; 840:15 believe [15] 706:19: 712:6: 743:18; 766:18; 769:11; 772:13, 21; 773:6; 807:7: 822:8; 824:7; 829:20; 839:11; 841:19; 854:14 believed [3] 796:15; 816:13; 825:21 bell [11 857:11 belonged [1] 848:2 belonging [1] 687:18 bender [1] 740:8 beside [3] 697:6, 22; 698:18 bigger [1] 767:11 bisecting [1] 768:16 bit [41 787:19; 832:20; 840:4; 875:20 black [31 793:16; 826:14; 827:1 blank [2] 712:22; 713:2 block [31 820:4, 7 Board [1] 859:5 board [1] 862:4 Bob [1] 699:13 bodily [I] 832:10 body [8] 764:11, 13; 767:8, 9, 11; 768:2; 771:6; 772:8 BOEsh [1] 703:9 booklet [1] 779:4 Borders [1] 753:16 borne [2] 821:1; 850:9 borrow [8] 763:18; 764:9; 767:1; 768:20; 789:5, 22; 791:5, 17 Bosch [16] 703:11; 704:5, 7, 15; 705:6, 10; 708:1, 8, 13; 709:2, 6, 12, 15: 710:9; 711:20; 726:17 boss [3] 774:17, 18; 778:21 Boston [2] 700:13; 701:7 bounce [1] 787:19 Box [11 676:12 Brasfield [2] 704:10; 766:3 Bray [1] 675:5 Brazoria [1] 785:11 break [4] 731:19; 734:19; 795:9; 834:6 breaking [1] 717:8 Brent [11 683:2 bringing [1] 719:16 Brio [3] 752:19; 755:18, 21 broad [1] 731:3 broaden [2] 695:2; 715:2 broadening [2] 722:10; 723:11 broader [1] 737:9 broadly [1] 693:2 Broderick [2] 676:2; 693:21 brokerage [1] 701:8 Bryan [3] 674:21; 878:4; 879:13 budget [1] 726:8 budgeting [3] 724:20; 725:18; 737:1 build [2] 840:14; 842:21 Building [1] 675:15 building [11 793:19 Burger [1] 692:14 business [11] 728:3, 5, 12; 742:9; 750:18; 769:9; 804:20; 811:4; 849:15; 854:1; 867:8 businessman [1] 705:18 buying [1] 843:3 - C- C.A. [1] 674:8 calculations [1] 800:18 California [1] 675:17 call [15] 691:3; 740:8, 15: 748:11; 755:18; 798:21; 801:5, 10, 13; 843:20; 859:6; 863:14; 864:3, 6 Callis [91 712:7; 754:4, 10, 13, 18, 19; 755:8, 15; 756:2 calls [11 818:1 Camp [1] 765:8 camp [6] 762:7, 12, 16, 21; 765:11, 13 capable [1] 721:6 capital [11 855:22 car [1] 740:7 carbon [1] 689:21 carcinogen [1] 853:1 care [1] 737:13 career [1] 695:3 carefully [2] 817:1; 878:15 Carlton [2] 674:19; 878:10 Carpenter [1] 712:7 carried [1] 758:14 carrier [1] 787:16 carry [I] 823:5 cars [1] 840:12 case [7] 689:14; 757:13; 787:15; 838:10; 853:19; 859:16; 878:17 CASTLE [11 674:2 CASUALTY [1] 674:10 catastrophic [1] 834:3 category [4] 739:17; 740:1; 834:17; 847:19 caused [1] 878:19 cautioned [1] 878:15 CBY [2] 780:19; 810:13 CC [1] 700:22 cc [41 690:4: 747:19: 845:13; 867:15 ceased [1] 785:14 center [1] 767:1 centered [1] 797:17 certainty [2] 810:3, 6 certified [1] 674:22 certify [3] 878:6, 7; 879:5 cetera [2] 690:15; 709:4 chair [2] 794:22; 864:3 chairman [5] 687:20; 834:21; 835:6; 836:1; 859:18 chairperson [1] 794:21 chairs [1] 683:14 challenge [1] 719:11 chance [3] 703:15; 741:22; 744:22 change [3] 706:10; 816:9: 860:11 changed [2] 681:5; 753:22 agree to changed WATER PCB-SD0000063823 BSA Depo of: WILLIAM B. PAPACEORGE Monsanto v Aetna February 10, 1993 CR; 54388.0 Look-See(3i) changes [1] 815:19 Chapman [4] 681:6, 10: 695:15: 696:12 characteristic [1] 763:2 characteristics [1] 762:4 characterization [2] 763:7: 791:8 characterize [3] 769:7: 798:5: 811:19 characterizing [1/ 726:13 charge [1] 749:4 charged [1] 687:16 check [11 740:19 Chemical [23] 687:10, 15; 695:9; 704:11; 717:15; 729:18; 731:9, 16; 734:12; 745:12; 750:7, 8, 18, 19: 755:6, 12; 773:4; 775:13: 781:3; 787:3; 844:21: 861:9 chemical [8] 728:5; 743:12; 756:9; 757:8; 785:6: 841:2; 847:5, 16 Chemicals [6] 704:8, 10; 716:21: 753:22: 754:4: 847:7 chemicals [12] 688:1; 691:20; 697:12; 755:5; 788:18; 790:16; 847:18. 20, 22; 848:3, 7. 11 Chemists [5] 858:22; 859:5, 7: 860:8; 869:21 chloride [45] 785:10; 837:17; 839:3, 5, 8, 9, 10, 12, 14, 21; 840:4, 7, 10, 11, 17, 18; 841:2; 842:7, 11, 13, 20; 843:5, 8, 19; 844:5, 11; 845:18; 846:18, 21; 847:2, 12, 16, 21, 22: 848:14; 850:7, 14, 17, 18; 851:5, 20; 852:6, 21, 22 chlorinated [1] 856:8 Chocolate [3] 745:19: 746:11; 805:8 chose [2] 873:3, 4 Chronic [1] 866:19 chronic [1] 872:8 circulate [1] 786:15 circumstances [4] 680:18; 713:3; 774:13; 830:16 CITY [1] 878:3 City [66] 686:19, 20; 687:2; 722:15; 735:6, 14; 742:6, 18: 743:3, 13, 22; 745:18: 746:11; 747:1; 750:2: 751:2, 7, 10,. 13, 15, 20; 752:2, 5, 9. 15; 754:9, 15, 22: 757:1: 766:12: 767:16, 19; 768:3, 8; 771:15; 773:20; 774:7; 777:13, 21; 778:13; 779:6, 9; 780:7, 10, 13, 17; 784:17, 22; 795:19; 797:13, 22; 799:6, 20; 800:22; 805:8; 806:16: 812:1; 828:7; 834:14; 835:21; 850:18: 851:9; 853:9: 857:6 civil [11 878:7 CJA-118-1-CV [1] 674:8 claim ]U] 698:3, 7, 21; 699:4; 728:12, 17; 765:6; 769:4. 5; 870:6 claimed [1] 765:8 claiming [1] 684:12 claims [14] 697:10; 706.19: 707:14, 18; 714:17; 715:6; 716:9, 16; 717:5; 727:8; 728:9; 729:2: 738:10; 830:20 Clarified [1] 771:12 clarified [3] 771:13; 772:18, 22 clause [31 822:20: 823:4: compared [1] 822:22 824:10 compile [1] 749:8 clean [5] 722:19; 794:6; compiling [3] 691:15; 747:4; 800:8; 801:3; 808:10 749:5 cleaning [4] 743:21; 785:4; complaint [1] 765:14 800:11; 806:20 complaints [I] 762:7 Cleanup [2] 753:15; 804:7 complete [3] 691:2; 749:8; cleanup [24] 715:14: 879:2 797:15, 18: 798:1, 13, 20; completed [3] 836:21; 837:1; 799:11, 12, 16; 800:22: 875:13 802:19; 804:3; 805:22; completely [4] 732:12, 14; 807:16; 821:1, 3, 6; 823:16: 793:20; 820:21 824:12, 14, 16; 825:2, 8, completing [1] 695:11 11 Compliance [2] 699:14; clear [6] 687:13; 767:18: 700:4 769:12; 819:17; 828:10; compliance [2] 719:17; 834:18 725:19 clipping [1] 846:16 complied [1] 736:18 clippings [2] 846:5, 13 complies [1] 831:5 closest [1] 815:3 comply [5] 718:12; 719:6, closure [3] 721:11, 22; 7; 720:6; 721:8 722:1 complying [2] 719:21; coaching [1] 733:20 724:20 collection [1] 803:12 component [1] 821:16 column [1] 854:8 comport [I] 764:12 comfortable [3] 706:2, 5, 15 conceivable [1] 749:19 coming [5] 718:1; 722:9; concept [1] 806:10 775:10; 792:10; 837:13 concern [18] 719:21; comma [1] 719:3 720:11, 14: 724:19; 729:8; comment [5] 693:4; 727:7; 734:14, 22: 796:14; 797:9; 731:15; 733:5; 778:12 814:12, 15; 815:8; 817:19; commenting [1] 730:14 818:4; 819:1, 3, 9 comments [2] 682:8, 10 concerned [11] 719:16; Commerce [1] 845:1 723:11; 729:13, 17; 730:3; Commission [1] 877:15 731:3; 779:5; 790:22; 861:2; commission [1] 879:10 866:7; 869:13 commissioned [2] 875:10; concerning [39] 682:1; 878:5 686:16; 687:2; 692:3; Committee [16] 799:21; 707:13; 708:17; 709:15; 859:2, 10; 861:13; 863:12; 715:5, 9; 716:14; 727:1; 865:18; 866:5; 869:22; 735:14; 738:9; 742:6, 17; 871:2, 10, 11; 872:10, 14, 745:18; 751:12; 752:18; 20, 22; 874:21 753:5; 754:15; 770:8, 15, committee [28] 687:19; 20; 771:15, 19; 773:2, 10, 688:4, 6; 794:14, 16, 18, 22; 774:9; 775:7, 13, 22; 19, 21; 795:7; 799:22: 777:12; 778:13; 859:19, 21; 860:2; 861:7, 780:5, 9; 781:4; 784:17; 16; 862:9, 11; 863:2, 4, 6; 798:11 864:18; 865:1; 871:3; concerns [24] 713:5; 720:4, 873:17, 21; 874:10; 875:16, 18; 726:10: 734:7; 797:3; 22 814:18; 815:13; 816:3, 6, 7; committees [2] 687:11, 16 818:15, 18, 20; 820:11, 16; common [3] 687:21; 728:11, 822:4, 15, 19, 21; 842:6, 13 10; 844:5: 858:19 communicate [9] 738:8: conclude [2] 706:22; 707:9 739:4, 19; 815:10; 844:4; concluded [1] 808:9 865:5, 7; 869:16; 872:5 conclusing [1] 729:15 communicated [2] 741:7; conclusion [7] 705:11; 871:1 710:1; 792:9, 15; 797:21; communicating [1] 746:2 809:5; 823:14 communication [4] 737:17; conclusions [2] 792:22; 738:21; 786:20; 822:9 821:16 companies [7] 684:21; concrete [1] 820:4 694:6; 715:4: 721:5; 734:4: conditions [8] 680:21; 787:14; 814:5 692:3; 707:16: 822:9; COMPANY [4] 674:4, 11: 840:14, 17; 842:13, 21 675:3; 676:1 conduct [1] 868:5 Company [19] 674:19; conducted [1] 807:14 704:8; 712:6; 734:5; 736:4: conducting [1] 788:20 750:7, 8, 19; 755:6, 12, 13: confident [1] 792:13 785:16: 787:4; 812:4; 841:7; confidentiality [3] 692:15, 847:7; 860:13; 861:10 19, 20 company [18] 685:15; confirm [1] 872:4 692:4: 695:17: 696:15; 700:13: 716:15; 724:21: j confirmed [2] 792:9, 22 ! conforming [1] 719:11 725:16; 727:12; 734:9; ; contusion [4] 763:4; 770:13, 736:1; 740:9; 753:5; 754:22;\ 14: 771:3 812:13; 824:14; 844:6; i connected [1] 827:20 860:14 connection [5] 723:21; compare [2] 695:22; 727:15 I 756:14; 777:11; 858:21; 869:15 comer [5] 693:10; 804:12; connotation [1] 720:20 849:9; 853:16; 858:12 consequences [1] 848:10 corporate [4] 697:14; Conservation [1] 719:10 817:20; 818:5; 858:19 consider [3] 818:17, 20; corporate-wide [1] 858:20 863:12 Corporation [4] 675:6: considerable [2] 720:4: 676:9; 701:20; 787:15 722:18 corporation [2] 720:5; consideration [3] 727:11; 723:13 820:12; 821:20 considerations [1] 736:21 corrective [3] 789:9; 797:16: 798:13 considered [7] 711:18; correctly [3] 799:18; 849:13; 718:2; 720:10, 13; 725:12; 878:20 789:19; 819:10 correspondence [3] 862:22; consisted [2] 700:7; 818:10 863:3: 864:11 consistent [9] 767:4: 769:11; Cost [1] 804:7 790:10; 806:8, 14; 821:5: cost [18] 706:21; 707:1, 5; 832:15; 833:12, 19 719:21; 720:5: 727:9, 11, construction [1] 785:13 16; 729:3. 20; 735:11; Cont'd [11 677:3 736:22: 801:3, 21; 802:19; contact [7] 695:16; 743:2; 804:3; 805:15, 22 746:7; 754:13, 19; 755:15; costs [15] 715:14; 721:22; 757:21 724:20; 725:9, 18; 821:1, 3. contacted [2] 697:12, 18 6; 823:16; 824:12, 14, 16; contain [1] 840:3 825:2, 8, 11 contained [2] 743:7; 785:20 couched [1] 738:14 containing [2] 753:14; counsel [3] 878:22: 879:4, 5 847:20 COUNTY [1] 674:2 contaminant [II 840:10 County [5] 674:19; 761:1; contaminating [1] 796:19 785:11; 849:22: 878:11 contamination [2] 796:15; couple [3] 768:9; 860:5; 830:6 865:11 content [1] 783:14 course [26] 683:11; 685:10: contents [1] 703:2 686:21; 690:3; 704:2; 723:4: context [3] 729:9; 819:21; 732:20; 738:15; 742:8; 850:17 758:13; 759:3; 774:17, 19; Continuation [1] 674:17 775:4; 804:19; 811:4, 8; continue [3] 711:1; 733:9; 812:18; 822:22; 826:9; 873:21 845:6; 848:1; 849:15; 854:1: Continued [1] 679:3 867:7; 876:9 continued [2] 774:22; 872:3 COURT [31 674:1; 734:21; continues [2] 849:2; 867:2 874:7 Continuing [8] 737:16; Court [2] 813:2; 878:8 761:12; 777:10; 812:8; court [1] 878:10 823:20; 831:6; 838:18; courtesy [1] 689:22 873:12 cover [25] 692:9; 693:17; Contract [2] 810:15, 19 694:9, 12, 19; 701:17, 19; contract [3] 820:22: 822:21; 708:8; 713:12, 16; 728:17: 824:5 747:17; 777:2; 780:16; contractor [5] 820:21; 804:8, 12, 18; 805:14; 822:1, 10; 823:5; 824:3 810:14; 811:10; 817:18; contractors [2] 815:20; 824:14: 825:2; 828:6; 816:10 831:12 contracts [2] 817:2; 822:3 Coverage [1] 709:3 contributed [1] 830:19 coverage [26] 708:20; contribution [1] 799:13 709:16; 710:10: 714:4, 7; Control [3] 688:1; 691:21; 715:6, 10, 14; 727:2; 729:1, 849:22 19; 737:13; 740:13; 821:2: control [5] 720:12: 769:20, 824:12; 825:8, 10; 832:11, 21; 770:1 12, 16, 19; 833:9, 11, 13, convene [2] 864:2, 4 16 convenient [1] 876:9 covered [6] 708:2; 709:4; conversation [3] 695:19; 805:3; 827:9, 11; 833:4 696:6; 780:5 covers [1] 870:4 conversations [6] 696:12; CRCLA [3] 718:18; 722:10: 708:18; 755:8, 11; 756:2; 723:5 829:14 create [2] 820:6; 842:22 convey [1] 815:8 created [2] 809:22; 835:17 conveyed [2] 799:19, 20 creating [1] 834:3 conveying [1] 696:15 creation [3] 794:16, 18; convinced [1] 809:12 836:17 Coordination [1] 858:17 critical [3] 821:16, 20: copied [3] 713:13: 732:2; 850:21 742:4 criticism [1] 852:3 copies [2] 760:8: 846:14 cross (31 733:15, 18. 21 copy [10] 689:21, 22; Cunningham [6] 776:15, 753:14, 18; 781:11; 803:11; 18; 782:4, 6; 783:2, 7 804:13; 845:5; 849:11, 13 current [1] 801:11 copying [1] 869:2 ! currently (1] 832:11 Corey [1] 687:22 Customer [1] 838:15 From changes to Customer WATER PCB-SD0000063824 BSA Depo of: WILLIAM B. PAPAGEORGE Monsanto v Aetna February 10, 1993 CR: 54388.0 Look-See(34) customers [7] 839:17; 737:11; 738:7: 739:1, 5, 12, 840:12; 842:6, 19: 843:2, 7; 20; 740:18. 21; 745:6. 20; 848:8 746:7; 805:15; 844:1 department [1] 741:1 -D- departure [3] 873:16; 874:9, D.C. 17] 675:9; 676:5; 12 860:9: 865:13. 17: 872:20: depended [2] 718:6; 749:18 873:8 depends [31 839:4; 850:22; Dallas fl] 875:8 857:17 damage [4] 708:9; 709:4: depiction [1] 764:12 832:10; 844:12 deponent [1] 879:4 damages [2] 708:1; 728:16 Deposition [57] 677:10, 11, dangerous [I] 785:5 12, 13, 14, 15, 16, 17. 18, data [5] 747:6; 779:11. 18; 19, 20, 21, 22; 678:1, 2. 3, 788:22; 798:22 4, 5, 6, 7, 8, 9, 10, 11, date [201 689:6; 694:19; 713:4. 20; 735:18, 19; 12, 13, 14, 15; 689:8; 693:14: 700:17; 701:12; 753:13: 783:21; 818:6; 703:5; 711:22; 713:8; 846:20; 850:6; 855:13, 14, 715:16; 741:14; 744:13; 16: 860:1; 866:4. 6; 867:19; 747:14: 753:8; 760:16; 876:8: 877:5 765:21; 776:20; dated [27] 689:11; 692:13; 780:1; 783:16; 786:1; 693:17; 700:21; 701:17; 803:16; 810:10; 834:9; 703:8; 712:5; 713:17; 837:19; 841:9; 844:16; 715:19: 741:18; 744:17; 848:19; 853:4; 858:2, 6; 747:17: 760:21: 766:2; 866:15 777:2; 780:18: 786:4; deposition [8] 674:17; 803:20; 810:15, 18; 834:13; 770:15; 805:4; 813:1; 818:7: 844:21: 845:2: 853:9: 858:8; 876:7, 11; 877:2 866:19; 867:16 depositions [2] 807:20; dates [11 778:17 878:6 day [51 674:21; 679:15: 809:8: 877:12: 879:9 derived [1] 840:3 describe [13] 685:22; days [6] 774:20; 805:3; 691:22; 708:20; 784:1; 837:11; 846:4; 877:3; 785:15; 793:8; 807:3; 878:13 811:18: 826:7; 829:18; deadly [2] 851:19; 852:5 834:1; 870:19; 873:1 deal [3] 745:4, 8; 794:19 described [15] 684:20; dealing [2] 737:11; 834:22 690:13; 707:16; 738:18; Dear [1] 838:15 758:22; 771:3; 772:9; Death [1] 784:9 776:12; 793:17; 826:5, 13; decades [2] 728:3, 5 846:12; 847:17; 859:9; decide [1] 865:6 873:3 decided [5] 778:20; 786:14: describing [1] 771:8 860:13, 16: 873:20 description [4] 714:2, 15; decision [1] 777:11 764:3; 833:18 decisions [2] 815:13: 843:6 designated [2] 813:1, 4 deductible [1] 832:12 designation [2] 813:2; 838:6 deep [1] 801:7 desire [1] 749:7 DEFENDANT [31 675:12; desk [1] 738:3 676:1. 9 despite [1] 708:10 Defendant [I/ 674:18 destroying [1] 780:13 Defendants [2] 674:13; detail [4] 786:8; 811:1; 787:16 871:21, 22 defined [3] 693:2; 800:16; detailed [2] 777:12; 779:20 818:8 details [11] 737:22; 738:16; definition [1] 839:4 756:12; 757:11; 779:3; degree [31 719:2; 760:7; 783:5; 809:11; 811:16; 808:18 819:4; 833:16; 844:10 DELAWARE [1] 674:1 determination [1] 842:15 Delaware [2] 676:14; 878:9 determine [4] 684:14: deliveries [11 794:8 746:21; 759:6; 807:8 DEO [461 680:7; 687:9, 14; determined [4] 684:2; 782:4; 688:16: 694:5; 698:16: 788:18; 842:13 704:11: 711:16; 712:6, 9. determining [3] 821:19; 10, 18; 715:4; 717:14: 827:8; 855:18 729:17; 730:1; 731:16; detoxification [3] 818:1; 734:12; 738:22; 740:17; 819:7, 15 741:5: 746:20; 747:3; develop [2] 800:13; 873:3 748:14: 749:4; 754:4, 9, 14; developed [1] 687:7 758:5, 16; 759:2; 760:10; developing [1] 785:7 773:4, 14; 775:12; development [2] 736:6; 782:13: 784:5; 785:19: j 848:13 788:2, 15; 792:3; 794:11; developments [1] 758:17 818:11; 825:13; 860:12; Dick [21 744:17; 745:4 861:9 I dictionary [1] 720:22 Department [27] 680:14, difference [1] 851:2 19: 681:3, 10, 15; 682:13, j differently [1] 823:21 21; 694:21; 695:4; 698:14; j difficult [3] 803:6, 9; 711:12: 724:1; 736:6; \ 827:10 difficulty [8] 690:18. 20; 715:3, 19, 21; 716:1, 2, 4; . edge [2] 762:16; 790:6 " 691:1. 3: 835:9; 836:7. 19; 741:16; 742:8, j edges [1] 827:19 867:14 11: 744:22: 745:2; 747:17, \ effect [I] 751:14 dimension (1) 827:13 21; 748:4; 750:4; 753:10, ! effective [2] 866:6, 10 direct [4] 739:13, 14; 761:7, 18; 760:18; 761:1, 6, 11, 864:6 13; 766:4, 6, 9; 776:22; \ effects [2] 759:11; 843:8 j effort [16] 687:21; 716:7; directed [11 849:16 777:2, 8; 778:13; 780:16, 720:12; 721:10; 745:13 Director (271 695:8; 718:21; 20; 781:1; 783:18, 20; | 758:16; 760:5; 798:16; 724:18: 725:12. 20; 726:2, 786:4; 787:5; 794:20: 795:3, 799:13; 807:14, 17; 808:4, 6; 727:1: 729:13; 731:8; 4; 803:3, 4, 12, 19; 804:1, 22: 819:8; 837:3; 844:4 734:3: 736:14: 737:10, 18; 4, 5, 6, 16, 19, 22; 805:18; efforts [2] 807:7; 817:4 739:4: 745:11: 758:4: 775:1, 810:13, 20; 811:2; EH [5[ 675:12; 712:16, 19; 21; 776:8; 781:3, 16, 20; 812:14; 813:14; 823:19: 714:12, 21 782:13; 783:6; 784:10; 831:6, 12: 834:12, 15, 16, elicited [1] 705:14 831:17 19; 835:3, 11, 12; 836:4, 5; eloquence [1] 867:10 Directors [11 859:5 837:4, 22; 838:2, 17, 18; embarked [1] 684:13 disagree [2] 852:16, 19 839:1, 15; 841:11, 18; employee [3] 787:2; 843:12; disappointed [1] 862:15 844:18; 845:6, 11, 14, 20; 846:3 discovered [11 686:13 discretionary [I] 865:6 846:19; 848:21; 849:3, 7, employees [6] 692:2; 723:11; 20; 850:5, 10; 851:8; 852:9; 779:4; 801:16; 843:10; ' discuss [7] 724:3; 726:2, 7; 853:6, 10, 14; 854:1, 6, 17, 872:5 846:17: 859:13, 20; 873:2 20, 22: 855:10; enacted [1] 718:18 discussed [10] 699:21; 857:17; 858:4; 866:21: enactment [1] 719,-9 712:20: 726:17; 747:10; 867:3, 4, 5, 11, 14, 15; enactments [1] 725:6 762:6: 776:5; 777:14; 868:1, 2, 8; 869:9, 20; encapsulated [1] 820:7 801:22; 806:14; 841:21 873:4; 875:6 encase [1] 820:3 discusses [11 855:20 documented [1] 864:13 End [I] 706:21 discussing [1] 683:7 documents [30] 707:15; end [12] 699:15; 709:5; Discussion [8] 760:14; 784:14. 20; 810:9; 834:6; 731:21; 732:6, 8; 738:2; 742:17; 749:21; 780:13; 717:15; 721:21; 737:5; i 762:20; 768:22; 770:15; 837:6: 874:6; 876:5 795:10; 803:5, 11; 807:20; j 771:4; 773:7; 783:6; 839:8 discussion [22] 708:21: 810:21; 811:3; 812:15. 20; I ended [1] 847:13 714:1, 2; 716:18, 19; 747:12; 752:21; 753:4, 7; 813:1, 3, 4, 8, 14, 15; 834:17; 838:11; 845:17; ! ending [5] 706:12; 761:16; i 765:2; 766:5; 838:3 755:4; 763:8; 771:4; 780:9; 853:20; 857:14, 16, 21; engage [1] 730:16 797:14, 17; 798:9, 11, 16, 869:5 ensuring [1] 737:12 19; 802:6; 863:15 doesn't [6] 701:10; 705:3; entities [3] 749:9; 750:6, 13 discussions [22] 681:17; 785:22; 806:10; 853:13; entitled [3] 753:15; 804:6, 7 682:1; 683:19, 22; 684:5; 866:10 entity [3] 694:7; 750:22; 715:5. 9, 13; 716:13; 717:3; Dollar [3] 765:7; 767:9, 10 755:16 723:22; 725:7; 726:20, 22; dollars [8] 722:1, 6, 19; environment [6] 696:7; 732:17; 746:4; 752:22; 726:9; 727:2, 22; 737:3; 820:3, 8; 825:22; 829:1, 22 754:18; 774:8; 775:7: 800:16 Environmental [24] 695:9; 864:14: 871:17 Donaldson [1] 747:18 699:14, 18; 718:21; 724:18; Disposal [31 780:17; 810:16, 19 . r disposal [15] 719:11; 721:5; 734:8: 814:1: 815:20; 816:21; 817:1: 836:14: Donnenfeld [1] 675:5 double [2] 763:18, 19 doubt [11 821:9 Dow [6] 868:3; 872:2, 6; 873:1, 2; 876:1 725:13; 726:2, 6; 727:1 729:13; 731:9; 734:4; ' 736:15; 737:10, 18; 739:4; 745:11; 758:5; 775:2; ' ! 784:11; 799:21; 815:1: 855:1: 863:4, 7, 13. 17, 21; Dr [12] 754:4, 10, 12, 18, ) 817:22: 849:22 864:15 dispose [2] 785:10; 820:14 19; 755:8, 15; 756:2; 774:18, 19; 780:4; 873:4 I environmental [87] 679:10 ! 12; 680:8, 15. 20; 681:11 disposed [1J 752:5 drafted [2] 704:18; 867:7 16, 22; 682:2, 14, 22; disposing [1] 822:1 drag [1] 817:17 683:9, 18, 22; 684:2; dispute [3] 764:3, 17; draw [21 713:2; 720:17 685:12, 14; 686:17; 687:2, 766:18 drawing [2] 712:22; 840:6 11, 17; 688:12, 20; 689:1 disrupting [1] 769:8 drawings [1] 770:18 690:12; 691:15; 692:3, 20; distance [2] 767:8, 21 driving [1] 740:7 694:15; 698:2, 7; 700:8, 14 distinct [1] 826:17 due [1] 837:14 702.5; 705:1; 713.5; 714:4 distinction [4] 720:18; duly [2/ 878:5, 15 8, 840:5: 850:21; 851:1 dumped [2] 751:20; 785:12 17; 715:14; 716:9, 16; distinguished [3] 748:10; duplicates [2] 812:17, 19 717.5, 17; 720:4; 723:12; 840:11: 850:18 duties [1] 704:3 724:21; 725:19; 726:9, 18; distribution [4] 715:20; dwell [l] 832:19 727:3, 12; 728:22; 729:19; 786:5: 831:8, 12 District [1] 850:1 - E- 731:15, 21; 732:8; 733:1; 736.5, 7, 18; 738:10; 739:7 ditch (81 763:18; 764:9; I Earl [11 704:10 767:1: 768:20: 789:5. 22: | earliest [1] 855:13 791:6. 18 Early [I] 828:12 Dixie [3] 750:8, 20; 7S5:16 early [17] 687:7; 718:15; Dmytryszyn [4] 774:18, 19; 721:4; 722:21; 724:15: 778:10; 780:4 725:5; 728:3, 19; 730:7; document [151] 689:18, 19, 732:21; 734:5; 791:15; 21; 690:3, 6, 9, 14, 19; 792:18; 852:14, 17; 855:10, 693:17; 694:2, 14, 16; 16 697:7: 698:4; 700:21; 701:2, easily [1] 820:7 4, 14, 19; 702:1. 6. 18; east [21 763:5; 785:7 703:8. 13, 15, 16, 17; economic [4] 720:10, 11; 704:2: 705:5; 708:16: 799:13: 821:21 712:21: 713:15; 714:5. 22; economics [1] 737:5 741:6; 745:22; 746:8. 12; 752:15; 758:6, 12; 770:8; 771:19, 20; 773:3, 11; 774:9, 16; 788:3; 805:7 807:8; 814:21; 816:20- ' 817.5; 836:13; 852:13 869:10 EPA [6] 691:20: 735:14 22; 745:8, 9, 15 equivalent [2] 704:10 857:19 equivalents [1] 818:13 error [1] 772:12 escapes [1] 683:3 customers to escapes WATER PCB-SD0000063825 BSA Depo of: WILLIAM B. PAPAGEORGE Monsanto v Aetna February 10, 1993 CR: 54388.0 essence [3] 777:16: 855:11: 868:18 744:16; 747:13; 750:5: familiar [5] 702:9, 13; 765:3; 777:19; 782:2: 784:7:1 720:3; 808:1; 809:10 fixation [6] 818:1; 819:14, 18. 22; 820:5, 13 essentially [4] 695:16: 786:10; 853:7; 870:14 familiarize [1] 761:6 flat [1] 828:2 708:1; 787:18; 796:18 EXHIBITS [1] 677:8 family [1] 848:2 floated [1] 790:18 established [2] 828:11; Exhibits [1] 770:22 fashion [1] 777:18 Flam [11 676:11 842:15 exhibits [1] 838:11 favor [11 726:18 Flood [2] 769:20, 21 esters [3] 848:5, 6 exist [2] 796:15; 840:12 FAX [21 675:19; 676:7 flood [1] 770:1 estimate [11] 721:11; 725:1: existed [2] 796:18; 809:21 FEBRUARY [1] 679:1 flow [2] 814:5: 851:5 801:10, 11, 12, 15, 18; existence [2] 723:12; 795:16 February [18] 674:21; flush [1] 827:22 802:3, 6; 804:3; 806:4 expanded [1] 688:7 700:21; 701:17, 20; 715:19; focus [1] 740:4 Estimates [1] 804:7 expansion [1] 728:21 784:8; 858:8; 866:19; focused [2] 758:7: 847:16 estimates [6] 767:20: expect [1] 869:17 867:16, 18; 869:22; 870:4; follow [11 692:2 802:19; 805:15, 22: 806:1, expected [3] 719:5; 749:16; 872:20; 873:1, 8; 875:14; follow-up [41 787:17, 18. 8 843:5 877:3; 878:13 19; 841:20 et [3] 674:11; 690:14: 709:4 expend [1] 799:15 Federal [3] 675:15; 758:10; followed [2] 739:3; 814:22 evaluate ]2] 699:3; 852:18 expenditure [2] 800:15; 760:2 following [31 699:11: 845:1; evaluated [1] 817:2 855:22 federal [11] 717:16; 718:1: 870:6 evaluation [3] 788:22; expenditures [1] 720:13 719:6, 12; 720:6; 725:6: foot [1] 828:15 820:14: 824:6 expense [2] 722:18; 865:19 728:20; 730:6; 760:2; 775:8; force [10] 794:14; 795:1; evaluations [1] 816:21 expenses [1] 721:11 814:3 818:14; 834:21; 835:7, 11, event [3] 695:16; 728:15; expensive [1] 785:5 feel [61 705:10: 706:5; 17, 21; 836:17, 18 754:8 experience [2] 825:13, 14 761:7; 798:22; 801:13; foregoing [3] 877:2; 878:18, events [1] 779:8 experiences [1] 759:8 837:2 20 eventually [3] 746:12; expertise [11] 711:4; 861:1, feeling [6] 799:6; 807:4; Foresman [2] 716:21; 717:3 799:22; 814:5 4, 15, 20, 21, 22; 862:1; 809:17, 19, 20; 810:2 forget [2] 816:18; 819:4 everybody [1] 802:1 868:17, 19 feet [31 817:17; 828:16 forgot [1] 779:3 evidence [5] 689:14; 766:19: experts [1] 861:14 felt [9] 705:20; 706:1; forgotten [10] 683:1; 790:21; 791:1; 830:2 expires [2] 877:15; 879:10 718:12; 736:20: 779:11; 732:12, 14; 758:9, 12; evolved [1] 809:9 explain [3] 732:20; 819:19; 842:16, 18; 843:2; 857:18 765:12; 776:7; 789:13; exact [3] 735:19: 800:6: 872:17 fenced [1] 793:20 792:12; 844:13 816:18 explanation [1] 736:13 fencing [1] 793:20 form [6] 733:11; 736:10: exactly [1] 774:13 exposed [1] 852:5 fender [1] 740:7 748:10; 772:2; 818:13: EXAMINATION [6] 677:3, exposure [6] 727:19; 842:14, Fernandez [1] 870:13 873:19 4, 5; 679:3; 787:9: 837:7 15; 843:12; 844:12; 851:19 Fibers [1] 754:5 formal [3] 685:5; 739:2; examination [5] 733:15, 18, expressed [9] 797:3, 9, 19; Fielding [1] 676:3 800:17 21; 836:22; 837:2 798:17; 809:17; 813:21; fifteen [2] 683:13, 15 formally [1] 739:9 examined [1] 878:15 814:12; 818:15; 852:3 File [11 858:12 format [2] 702:2; 733:4 example [14] 684:6, 12; expressing [1] 718:6 file [2] 777:17; 779:12 formed [4] 809:22; 835:11, 685:6, 22; 722:15; 740:5; expression [4] 771:9; 808:1; files [61 777:13, 21; 779:18; 21; 847:8 772:4; 804:18, 22: 811:3; 841:5; 842:5 795:10; 805:1; 811:8 forth [2] 692:15; 878:21 818:11; 819:20, 22; 848:4 expressions [1] 723:10 fill [1] 842:9 found [8] 740:19; 774:2; excavations [1] 826:8 extent [7] 686:10: 702:3; final [11 737:4 791:10; 826:1; 828:22; exceed [1] 843:1 726:12; 762:6; 798:4; 850:9; financial [14] 719:16; 721:5; 829:21; 830:20; 858:14 excerpt [3] 784:8; 844:21; 860:6 723:21; 724:4, 10; 725:18; foundation [29] 708:3; 845:1 eye [2] 795:6; 828:20 736:5; 798:12: 799:7, 9; 718:4; 719:20; 720:7; Excess [1] 832:8 eyes [2] 786:8; 807:6 806:19; 808:9, 19; 809:4 735:15; 749:11; 774:10; excess [2] 714:3; 787:16 excluded [I] 714:21 \ -F- find [6] 737:2; 795:10; 807:15; 832:18; 837:3; 781:6; 792:11; 807:2; 808:11; 809:7; 815:15; excludes [2] 832:13; 833:11 faced [4] 691:16; 719:10; exclusion [I I 797:8 722:17: 736:4 Exclusions [1] 714:12 facilities [1] 760:6 exclusions [5] 706:21; facing [1] 729:20 707:8, 10; 708:20; 714:16 fact [14] 724:9; 727:5; Excuse [2] 741:12: 812:11 735:12; 737:8; 756:18; excuse [1] 800:2 775:20; 779:19; 793:11; Exhibit [97] 677:10, 11, 12, 823:11; 825:19; 839:1, 16; 13, 14, 15, 16, 17, 18, 19, 841:1; 847:15 20, 21, 22; 678:1, 2, 3, 4, factor [1] 821:21 5, 6, 7, 8, 9, 10. 11, 12, factors [2] 720:10, 11 13, 14, 15; 689:8, 11. 15, facts [13] 683:19; 686:13; 17; 690:7: 692:9; 693:9, 14, 699:2; 702:13; 709:11, 14; 16; 696:22; 700:17, 20; 738:22; 739:5, 6, 18; 740:1; 701:12, 16; 703:5. 8; 800:12; 875:7 704:15; 708:7, 14: 711:22; factual [31 758:17, 22; 712:3; 713:4, 8, 11, 21; 792:14 714:20; 715:16, 19; 726:16: failed [11 689:6 727:6; 741:14, 18: 744:13. faintly [1] 721:13 16; 747:14, 16; 750:17; Fair [6] 681:14; 696:1; 753:8, 12; 760:16, 20; 706:13; 731:8; 764:2: 763:13; 765:21; 766:2; 769:11 776:20: 777:2; 780:1; fair [17] 681:2; 691:4; 783:16, 20; 786:1, 3; 702:16; 706:22; 707:8; 803:16, 19; 810:10. 13: l 719:1; 727:21; 728:3; 831:4; 834:9, 12: 837:19: i 770:19; 782:3; 801:10; 841:9, 13, 21; I 824:15; 842:5: 862:7; 844:16, 20; 848:19; 853:4; I 873:15; 874:8; 875:11 858:2, 6; 866:15 i fairly [4] 679:14; 722:3; exhibit [18] 692:8, 12: 770:9; 828:2 694:10; 699:8: 701:16: fall [31 740:1; 813:14: 712:3; 714:10; 741:18; j 847:18 855:2 finding [5] 808:4, 22; 809:2: 851:9; 852:1 findings [3] 872:4; 873:2 fine [11 710:21 fingerprinting [3] 807:21, 22; 808:2 finish [11 865:14 finished [1] 715:22 fire [31 709:3; 764:18, 19 firm [1] 841:5 firms [11 701:9 First [1] 762:5 first /501 679:16; 692:19: 693:10, 17; 694:11; 699:7, 10; 704:18; 707:19, 22; 709:2; 712:10; 716:7, 14; 717:4; 731:19: 751:9; 766:7; 773:19; 774:7; 778:1; 781:1; 783:20: 786:10: 790:5; 796:12; 797:22; 798:10; ,802:6; 810:14: 825:9; 831:8, 10 11; 835:19; 844:22; 845:21; 852:3: 853:11; 854:11; 855:2, 20; 856:14; 867:15; 870:7, 14; 871:3; 874:19; 875:6; 878:15 fit [2] 856:22; 861:10 fits [2] 806:10; 834:16 five [2] 701:18; 837:11 Fixation [1] 819:21 816:11; 821:7; 822:6, 17; 823:6; 825:18; 829:2, 8; 831:1; 832:17; 833:14, 22; 852:15: 867:22; 870:17; 873:11 four [5] 712:10; 785:6; 827:16; 828:4, 16 four-page [1] 747:17 fourteen [I] 744:4 fragmentary [1] 801:6 frame [5] 788:13; 790:3; 792:8, 21; 828:9 Francisco [1] 675:17 frankly [1] 832:22 frequency [1] 681:1 frequently [2] 786:17: 841:4 Friendswood [5] 754:15, 17; 785:7, 9, 20 front [1] 712:4 fulfill [2] 820:22; 859:9 full [2] 699:13; 879:1 function [1] 869:11 funding [1] 737:1 funds [2] 799:16; 824:8 furnished [1] 873:22 future [5] 698:3, 8; 734:15; 735:1; 816:14 FYI [1] 778:7 ________________ - G - gallons [1] 785:10 Galveston [10] 760:22; Look-See(35) 763:14; 764:5, 10; 766:20; 767:5, 9, 16; 768:10; 849:22 gather [1] 778:16 gave [9] 684:20; 685:21; 687:1; 710:9; 770:9, 20; 782:18; 787:21; 790:18 Gene [3] 700:21; 711:14; 854:14 generated [1] 690:19 geology [1] 830:13 Georgette [8] 692:10, 14; 695:20; 696:9; 700:13; 715:19; 716:13; 717:6 Gilhausen [2] 683:2; 699:22 Give [1] 686:8 give [21] 680:17; 682:3; 685:2, 5; 686:17; 690:11; 698:3, 7; 699:4: 702:17; 706:6; 716:15; 717:5; 740:5, 9; 783:7, 11; 792:21; 824:22; 827:6, 12 given [17] 684:20; 692:21; 710:4, 7; 727:11; 739:9; 773:21; 781:15, 20; 818:19; 843:10; 847:1, 4, 15; 877:5: 879:3 giving [5] 685:19; 716:10; 771:14, 18; 819:19 glad [1] 860:21 glanced [8] 689:19; 704:21; 761:12; 766:9; 804:5; 810:21; 849:4; 853:10 GET [4] 854:10, 13, 16 God [11 751:17 goes [41 736:6; 763:18; 765:8; 785:15 golly [1] 786:19 Gosh [51 683:11; 751:11; 779:3; 827:8; 848:1 gosh [1] 827:15 government [1] 718:1 governmental [1] 770:2 gradual [5] 832:13; 833:11, 18, 19; 834:2 gradually [2] 829:7: 830:22 great [2] 706:19; 727:8 greater [1] 827:13 Grimm [13] 681:6, 11; 692:10, 14; 695:20; 696:9; 700:13; 711:15; 712:19; 714:16; 715:20; 716:13; 717:6 ground [2] 828:1; 830:18 grounds [4] 695:21; 705:12; 710:18; 738:12 groundwater [2] 796:14, 19 Group [4] 699:18; 700:4; 831:18; 832:3 group [39] 681:12; 683:10; 684:16; 685:10: 687:8, 19, 22; 688:7, 19; 698:16; 699:21; 737:20: 738:4, 8, 17, 22; 741:5, 7; 746:20; 747:3; 758:5, 16; 759:2; 760:10; 802:6, 9; 811:17, 19; 818:6, 8, 17; 831:21; 832:1; 835:9, 10; 859:6, 11; 871:14; 875:2 groups [1] 699:15 growing [2] 808:16; 827:18 growth [2] 793:15; 827:20 guess [9] 683:12; 742:20; 786:14; 800:19; 801:2, 6; 840:4; 854:18 guessing [3] 779:13; 792:15; 855:19 guidance [2] 836:10 guide [1] 872:19 From essence to guide WATER PCB-SD0000063826 BSA Depo of: WILLIAM B. PAPAGEORGE Monsanto v Aetna February 10, 1993 CR: 54388.0 Look-See(36) Guideline [3] 817:22: 819:2. l home [21 721:1; 740:8 14 I honestly [2] 782:14: 864:19 guideline (5] 816:19: 819:3: I hope [11 717:19 835:20; 836:1. 5 hopefully [1] 876:9 guidelines [5] 816:20: I hoping [11 761:17 817:5: 818:14: 836:13: j Hotel (21 674:19; 878:10 843:1 . hours (lj 865:11 gummy [l] 827:3 Houston [lj 785:8 gut 17/ 798:22; 799:6; ' HUGHES [1161 677:3; 801:13; 809:17, 19: 810:2 679:2, 4; 681:21; 684:18; - H- 689:10; 693:13, 16, 20, 22; 694:3: 696:1, 3; 700:10, 19; half [2] 716:8; 735:12 701:11, 15; 702:16, 19; halfway [1] 785:4 703:1, 3, 7, 14; 705:16, 17; Hancock [5] 752:14, 16, 18: 708:4, 6; 710:21; 711:2; 753:1, 4 712:2, 12, 14; 713:10; hand [2] 860:22: 879:8 715:18; 716:3; 717:9, 12, handed [41 741:17; 744:15: 13; 718:9; 753:11; 760:19 720:1, 16; 721:1, 2; 722:7, handled [3] 752:11; 843:19 13; 726:14; 729:11; 730:22; handling [1] 864:9 731:1; 732:13; 733:7, 10, handwriting [6] 693:9, 11; 15, 18, 21; 734:1, 12, 17; 753:14: 778:1; 858:11, 14 735:3, 16, 21; 736:12; luindwritten [3/ 753:13; 737:15; 738:20; 740:3; 804:11; 849:10 741:3, 9, 12, 17, 21; happening [3] 682:6; 744:15, 20; 747:13, 16, 22; 819:13; 834:3 748:3; 749:15; 753:11, 17; hard [5] 774:3: 798:22; \ 760:19; 761:3, 14; 763:9, 827:15; 832:18; 851:22 ' 11, 17. 20; 765:20; 766:1; Hard-Lowe [3/ 750:7, 19; ' 769:10; 771:11; 772:6; 755:12 | 773:9, 16; 774:11; 776:19; Harding [2] 692:16, 21 harm [1/ 842:14 ! 777:1. 7, 9; 780:3, 15, 21; j 781:8; 783:19; 784:3, 13, harmful flj 779:18 j 15, 21; 786:3; 787:7; harming [1] 842:16 j 788:12; 791:12: 792:17: Harness [lj 712:7 793:4; 812:6; 844:15: 874:2 hasn't [II 702:14 Hughes [51 675:13; 736:16; hauled [2] 751:14; 785:11 788:1; 803:3; 831:6 Hauler [1] 743:15 human [2] 842:14; 853:1 hauler [5/ 743:3. 7, 16, 17: hydrogeology [2] 868:15, 18 816:22 Hygiene [1] 869:16 hauling [2] 751:15; 785:14 | hygiene [1] 869:14 haven't [1] 828:11 \ hypothetical [1] 848:15 hazard [1] 852:22 Hazardous [4] 804:8; } \ -I- 817:20; 818:5, 9 I'd [9] 698:10; 707:15; hazardous [1] 819:11 761:15; 771:7; 779:3; head [11 831:20 792:15; 801:5; 822:8; 836:3 heading [2] 714:12: 746:14 I I've [24] 683:1; 694:11; Health [21 842:12: 849:22 697:8; 698:5; 704:21; health [9/ 759:11; 842:6: 713:11; 715:18; 741:17; 843:8: 848:10: 861:22; 742:19: 744:15; 748:2; 864:9, 12, 14, 16 758:9, 12; 760:19; 765:12; hear [51 723:10; 741:4; 776:7; 780:15; 789:13; 751:9: 816:5: 825:9 792:12; 807:20: 844:13; heard [141 723:14, 15. 17. 845:3; 849:4; 853:11 19: 744:1: 751:5, 12; Ian [11 766:3 755:21; 768:2: 807:20: ; idea [6] 680:17; 707:5; 843:17: 844:3. 9; 856:17 1 801:7; 854:5, 19; 855:4 hearsay [4] 843:20, 22; identification [28] 689:9; 844:8 693:15; 700:18; 701:13; held [41 679:14: 730:12: 703:6; 712:1; 713:9; 715:17; 859:20: 860:7 , 741:15; 744:14; 747:15; help [41 714:9: 794:6: 753:9; 760:17; 765:22; 795:11; 820:8 776:21; 780:2: 783:17; helpful [11 779:12 786:2; 803:17; 810:11; helps [21 820:9 834:10; 837:20; 841:10; hereby [1] 878:7 844:17; 848:20; 853:5; hereinabove [lj 877:5 858:3; 866:16 hereto [11 877:4 , Identified [1] 771:13 Herrington [11 675:14 ; identified [2] 749:9; 807:9 hesitating [1] 776:14 | identify [4] 686:16; 746:5, Hey [11 863:17 ; 17; 749:1 high [3] 828:13, 15; 844:12 \ identity [1] 746:21 Himes [9] 746:14; 760:22; \ ignored [1] 821:21 766:3; 777:3; 782:15; 783:1; illlogical [11 863:14 804:9; 805:4, 6 image [1] 790:19 Hmm [1] 800:14 hold [11 679:17 I immediately [1] 866:11 j impact [4] 718:3, 7; 719:16: Home [11 852:5 j 832:21 impairment [10] 689:1; 694:15; 698:2. 7; 702:10: 705:1; 714:4; 716:9: 732:9; 736:8 implications [1] 736:5 implies [1] 875:15 implying [1] 737:9 important [4] 718:12: 821:20; 848:12; 865:3 impose [1] 735:10 imposing [2/ 728:20; 733:1 impossible [1] 812:18 impressed [lj 778:15 impression [1] 798:8 improperly [I] 752:5 in-depth [2] 775:16; 776:3 in-house [1] 697:14 inability [1] 691:2 inappropriate [2] 733:10; 817:17 inappropriately [I] 757:9 Inc [1] 694:7 inches [1] 766:21 incident [1] 740:10 incidents [3] 740:18; 832:9; 833:10 Incineration [1] 819:14 incineration [2] 818:1: 819:7 include [3] 709:3, 16; 833:7 included [4] 747:11; 820:13; 838:5; 847:11 inclusion [1] 745:15 increasingly [1] 809:10 incur [1] 726:9 indemnify [l] 822:2 Indemnity [2] 674:19; 841:7 indemnity [5] 820:22; 822:20; 823:4; 824:4 INDEX [1] 677:1 indicate [4] 696:14; 727:10; 776:16; 872:5 indicated [17] 680:13; 685:22; 688:11; 708:7; 710:8, 13; 726:17; 730:5; 732:12; 750:12; 759:13, 22; 762:12: 765:17; 778:18; 794:7, 20 indicates [81 712:21; 804:12; 818:22; 835:11; 849:20: 873:13: 875:12, 15 indicating [2] 749:3: 750:17 indication [2] 762:20: 845:22 individual [6] 681:4, 8; 692:6; 697:17; 746:17; 869:13 individually [1] 738:8 individuals [14] 682:20: 684:9; 685:13; 698:13; 709:19: 718:6; 720:3; 724:5; 745:18; 746:5; 774:8, 15; 811:17; 842:17 Industrial [7] 704:8, 10; 716:20; 753:22: 754:4; 847:7; 869:15 industrial [1/ 869:13 INE [11 693:22 infor [1] 735:19 inform [2] 840:15: 842:19 informally [2] 738:4; 739:9 information [94] 685:9; 686:15; 687:5, 7; 690:11, 16, 17; 691:6, 10, 15, 21; 692:3, 7, 21; 694:21; 695:5, 10; 696:6, 14; 698:16, 20; 700:12; 705:10, 21; 706:11, 15; 707:13, 18; 709:17, 20; 710:4, 9, 17; 711:7, 11; 716:8; 717:5; 730:14; 735:9, 10; 737:12, 20, 22; 738:1, ,i 730:17; 779:16 4, 9, 17; 739:19; 740:14, | intervened [1] 770:13 20; 741:6: 743:6; 745:17. interviewed [1] 756:13 19; 747:2, 4; 748:6, 15; inventory [1] 688:2 749:4, 16; 750:13; 751:16, investigation [4] 686:14; 18: 756:4; 759:18; 773:2, 775:17; 776:3; 777:12 10, 21; 774:14; 778:16: invited [2] 680:2, 22 779:8, 20; 780:12; 784:19: invitee [2] 680:11; 688:11 789:18; 799:19, 21; 800:20: invitees [1] 680:9 801:6; 832:20: 836:9; involved [33] 682:2, 8; 843:18; 844:9; 850:7, 13, 693:6; 721:16; 724:7; 16; 851:5, 7; 869:17, 18; 725:21; 731:5; 736:9; 870:21; 873:22; 875:5 737:21; 746:21; 751:2; informed [12] 685:14; 752:9; 753:6; 777:10, 18; 718:22; 724:12; 735:20; 798:17; 799:2, 3, 10; 774:1, 15; 775:9; 784:16; 801:14; 805:16; 807:5; 793:11; 794:2; 843:3; 860:5 808:17; 809:13; 839:6, 9, ingredients [2] 839:7; 10; 843:11, 12; 855:8; 848:13 862:15, 17, 18 initial [21 808:8; 851:6 involvement [14] 692:18, Initially [1] 681:5 22: 731:10, 14; 747:3, 7; initials [2] 854:9, 13 793:8, 9; 794:9; 808:18; initiative [1] 739:20 825:14: 839:5; 845:15; injunction [1] 785:13 860:6 injury [2] 708:9; 832:10 involves [1] 730:11 input [3] 730:7; 731:11, 15 involving [4] 750:1; 800:16; inquired [1] 750:7 832:9; 833:10 insist [1J 823:4 irrigation [2] 769:16, 18 insofar [1] 779:1 issue [17] 684:2; 688:8; instances [2] 691:14; 739:11 706:8; 724:3: 726:3; 732:8; instructions [3] 783:7, 9, 762:7; 774:22; 775:3; 800:7; 12 806:21: 809:10; 821:14; INSURANCE [11 676:1 846:18; 859:20; 863:4; insurance [2] 695:4; 832:8 864:12 insurance [58] 689:2; 691:7; issued [1] 779:4 694:15, 22; 695:6, 11; issues [15] 685:14; 687:17; 696:15, 19; 700:14; 701:8; 688:20; 689:1; 691:16; 702:10; 707:2, 10; 708:2; 737:8; 741:6; 758:7, 8; 709:22; 710:3, 10; 711:3; 770:8; 774:9; 864:9, 14, 17 712:16, 19; 714:3, 7, 17; issuing [1] 731:11 715:6, 10, 13; 716:10, 15; it'll [1] 735:11 724:10, 11; 726:19; 727:2; item [2] 729:5; 747:11 728:9, 17; 729:1, 19: items [1] 690:13 731:21; 732:9; 737:13; 738:11; -J- 740:8; 787:14; 821:2, 6, 8. 14: 823:5, 15; 824:11, 13, 16; 825:1, 7, 10; 832:16, 19; 833:4, 13 insurances [2] 723:21; 724:4 insurer [1] 695:5 intend [1] 812:16 intended [4] 694:22; 695:5; 804:13; 849:14 intent [4] 749:13; 840:18; 869:2, 7 interest [7] 723:1, 4; 725:14; 730:21; 731:2; 759:4; 796:7 interested [16] 685:13: 691:8, 9; 696:14; 731:4; 745:21; 747:2; 749:20; 774:2, 4; 780:22; 794:3: 796:9; 838:14; 857:18; 879:7 interesting [2] 786:14; 832:20 interests [1] 795:22 intermediates [16] 687:10, 15; 695:10; 704:11; 717:15: 729:18; 731:10, 17; 734:13; 745:12; 754:5; 773:4; 775:13; 781:3; 787:3: 861:9 internal [3] 687:15; 794:13, 18 INTERNATIONAL [1] 675:12 interpret [1] 763:19 interpretation [1] 722:10 interrupt [3] 710:15: James [1] 675:13 January [4] 743:11; 762:6; 770:11; 846:5 Jean [2] 695:10: 700:12 Jefferson [1] 675:8 Jessee [15] 689:12: 695:10, 12; 700:12, 21; 701:7, 18; 702:5; 711:14; 712:19; 723:19: 741:19; 742:4, 12; 743:1 job [10] 725:14; 730:1, 4; 736:21: 737:4, 7, 9; 785:5: 809:22; 815:10 jobs [31 718:22; 720:10; 859:9 JOC [17] 750:8, 19, 22; 751:7, 10, 13, 19, 20; 752:1, 4, 8, 11, 12; 755:3, 4; 785:16, 19 jogged [1] 753:4 JOHNSON [26] 677:5; 693:19; 837:8, 21; 838:8, 10, 13, 20; 841:12; 844:19; 845:4: 848:22; 849:5; 850:11, 20; 852:20; 853:7, 12: 858:5: 866:17, 22; 868:7; 870:22; 873:14; 874:13; 876:4 Johnson [1] 676:2 join [2] 680:2; 685:4 joined [1] 818:12 Jordan [3] 674:21; 878:4: 879:13 Journal [1] 845:1 journal [2] 758:11 Guideline to journal WATER PCB-SD0000063827 BSADepo of: WILLIAM B. PAPAGEORGE Monsanto v Aetna February 10, 1993 CR: 54388.0Look-Sect37) journals [1] 846:13 judgment [2] 692:6; 821:12 July [5] 694:18; 766:2; 786:5, 22; 879:10 June [3] 744:17; 780:18; 781:4 junk [1] 857:19 jurisdiction [1] 736:1 justified [2] 727:9; 822:16 - K- KARN-ee [1] 712:8 Keating [1] 689:16 keep [4] 689:7; 718:12; 759:5, 13 keeping [2] 685:13; 795:6 Kent [11 693:18 kept [31 742:8; 805:1; 811:7 KERN-ee [1] 712:7 kinds [71 720:13; 736:20; 816:14; 818:15; 820:12; 855:8; 861:11 knowing [1] 830:3 knowledge [15] 703:2; 705:1, 14, 21; 706:6; 710:3; 745:16; 754:13; 757:22; 760:13; 770:7-, 21; 771:19; 789:11; 863:7 knowledgeable [1] 814:17 -L- labeling [1] 839:14 Laboratory [1] 875:8 Lack [1] 829:2 lack [30] 718:4; 719:19; 720:7; 730:20; 731:2; 732:10; 735:15; 749:11; 774:10; 781:6; 792:11; 802:1; 807:1; 808:11; 809:6; 815:15; 816:11; 821:7; 822:6, 17; 825:17; 829:8; 832:17; 833:14, 22; 852:15; 867:10, 21; 870:17; 873:11 Lake [21 768:3, 4 LaMarque [4] 851:16, 20; 852:4, 13 land [2] 765:8; 766:22 landfill [11 820:5 landfilling [2] 818:2; 819:8 landfills [I] 757:10 language [1] 839:20 larger [1] 767:8 last [32] 692:12; 706:18; 709:2: 714:10, 19; 727:7; 743:2; 762:11; 769:12; 770:20; 771:14, 22; 772:3, 17; 773:6; 775:12, 20; 776:17; 788:1, 14; 792:6; 796:4; 797:12; 798:10; 802:14; 804:2; 809:17; 816:5; 820:20; 824:10; 865:10; 869:20 late [10] 687:6; 690:10; 718:15; 788:10, 14; 796:12; 809:17; 850:4, 12; 859:22 latices [1] 839:21 latter [2] 735:12; 773:14 Law [21 699:14, 18 laws [3] 719:1, 6; 725:9 Lawson [2] 692:16, 21 lawsuit [1] 728:16 lawyer [1] 699:3 lawyers [2] 764:4; 782:10 lay [1] 842:9 lead [I] 816:14 leading [1] 847:19 leak [1] 830:13 leakage [1] 830:2 leaked [1] 830:3 leaking [3] 829:18; 830:1, 4 learn [3] 756:16; 759:8. 15 learned [6] 752:8; 755:21; 770:9; 773:2; 799:19; 865:2 leave [11 768:5 lefi-hand [1] 849:9 Legal [31 682:13, 21; 698:14 legal [4] 698:10; 722:9; 758:17, 22 legislation [4] 717:16, 20, 22; 814:9 legislative [2] 732:22; 814:22 Legitimate [1] 818:21 legitimate [4] 816:4, 7; 818:18, 20 length [1] 779:1 lengthy [2] 702:1; 757:16 lesser [1] 760:7 letter [27] 692:13; 693:17; 694:9, 12, 20; 697:6, 22; 698:18; 699:9, 12; 735:13, 18, 19, 22; 744:17; 838:15, 19; 839:16; 840:19; 841:21; 854:12; 858:7, 22; 860:1; 866:6, 9, 13 letterhead [3] 692:13; 857:22; 858:7 leukemia [1] 868:4 level [21 749:17; 760:2 levels [5] 710:19: 842:15; 843:1; 844:12, 14 Levinskas [1] 873:4 LF [4] 870:4, 9, 12, 13 liabilities [5] 681:17; 722:10; 725:19; 727:3; 738:18 Liability [2] 810:19; 832:8 liability [30] 689:1; 694:15; 702:10; 705:2; 706:19; 707:13; 709:3; 713:5; 714:3, 4, 8, 20; 715:6, 9; 727:8, 12. 19; 728:9, 12, 22; 732:9; 734:8; 736:8; 817:6, 14; 819:10; 821:15; 822:15; 823:5, 16 library [1] 758:13 Librizzi [1] 744:18 life [11 740:5 tight [1] 818:15 lighter [1] 790:18 likelihood [1] 707:6 limit [1] 832:10 limited [3] 736:21; 737:8; 800:19 line [131 705:6; 710:22; 725:6; 737:17; 763:12, 16, 17, 18. 19; 767:14; 839:22; 847:14; 848:14 lines [4] 684:19; 695:20; 696:11; 748:13 list [11] 688:1; 691:20; 712:6; 715:20: 750:9; 786:5; 803:3, 9; 813:5; 851:4; 872:18 listed [51 706:20; 707:8; 835:22; 845:8; 870:6 listing [1] 745:14 lists [31 750:13, 14; 835:22 literature [1] 777:17 litigation [13], 682:2, 4; 683:6, 20; 756:8, 12, 14, 16, 18; 757:5: 758:1; 787:17; 841:7 litigations [1] 683:7 liver [1] 844:12 located [2] 754:22; 826:21 location [3] 698:3; 766:22; 826:5 locations [2] 697:11; 815:12 logical [31 860:15: 861:12; 863:11 looks [1] 774:2 loop [1] 725:3 loss [2] 861:2; 867:6 lot [8] 731:3; 732:22; 733:5, 12; 779:12; 860:20; 862:15, 18 LOUIS [1] 878:3 Louis [5] 674:20; 774:8; 870:13; 878:11; 879:8 Lowe [10] 743:12: 750:7, 18; 753:6; 755:9, 12; 785:8, 9, 14; 794:5 LT [11 854:11 lunch [11 787:22 luncheon [1] 760:14 tush [11 793:15 - M- M-O [1] 834:12 M.D. [2] 778:7. 10 magazine [1] 851:13 magnitude [1] 800:15 mail [2] 690:3; 857:19 mailing [1] 851:4 mailings [2] 845:6; 849:15 maintain [2] 698:16; 779:2 maintained [1] 842:16 Major [1] 714:12 major [1] 852:3 maleic [1] 848:6 Malone [41 743:9, 18, 20; 794:6 man [2] 683:1; 765:12 manage [1] 835:21 managed [1] 775:5 Management [26] 680:14, 19; 681:3, 9, 15; 694:21; 695:4; 711:12; 724:1; 736:6;\ 737:11, 17; 738:7, 22; 739:5, 12, 19; 740:18, 20; 780:18; 817:20; 818:5, 9; 831:17, 18; 832:3 management [6] 708:10, 19; 715:5; 741:7; 833:7; 873:20 Manager [2] 704:7; 869:15 manager [2] 812:1; 854:13 Managers [1] 847:8 managers [5] 811:21, 22: 815:6, 9, 11 Managing [8] 725:20; 775:21; 776:8; 781:3, 15, 20; 782:13; 783:6 manner [1} 752:10 Manta [8] 803:5, 10; 812:17; 813:8; 827:4; 834:17; 838:7; 868:14 manufacture [1] 839:7 manufactured [5] 697:12; 839:6; 847:11; 861:10; 868:9 manufacturer [1] 862:6 manufacturers [1] 859:12 Manufacturing [6] 704:8; 858:22; 859:4, 7; 860:8; 869:21 manufacturing [1] 861:21 map [11] 761:20; 762:3, 11, 19; 764:12, 17; 766:12, 20, 22; 767:15, 16 maps [1] 770:18 March [2] 712:5; 713:3 Mark [2] 803:5; 812:20 mark [4] 747:13; 802:22; 803:3; 834:7 Marked [1] 747:16 marked [51] 689:8, 16; 692:9; 693:14, 16; 700:17, 20; 701:12, 16; 703:5, 7; 711:22; 712:2; 713:8, 11; 715:16, 18; 727:6; 731:20; 741:14; 744:13, 16; 747:14; 753:8, 12; 760:16; 765:20, 21; 766:1; 776:20; 777:1; 780:1, 15; 781:18; 783:16, 19; 786:1, 3; 803:16, 18; 810:10, 12; 834:9, 11; 837:19; 841:9; 844:16; 848:19; 853:4; 858:2; 866:15 Marketing [2] 844:21; 858:17 marketing [4] 739:7; 857:4; 858:20; 861:21 material [42] 723:2, 3; 743:16; 778:17; 790:17; 793:16; 801:8; 807:9, 10; 809:3; 812:21; 819:9, 10; 820:2, 6, 15; 826:1, 7, 8, 9, 11, 13, 14, 19: 827:1, 2, 7; 828:17, 18, 19, 22; 829:17, 20; 830:6, 10, 19; 843:3 materials [19] 731:6; 746:22; 752:1, 5; 756:1; 796:15, 18; 814:6; 825:20, 21; 826:4, 17; 838:7; 840:16; 845:16, 18; 847:13; 855:1; 861:11 matter [9] 691:5; 696:13; 702:7; 724:6; 754:20; 793:5; 808:18; 813:18; 867:13 matters [5] 687:12; 717:17; 736:18; 737:18; 869:14 mayor [1] 785:8 MCA [9] 866:19; 869:20; 871:6; 872:14, 19, 22; 875:7, 11; 876:1 McCarvitle [2] 712:8, 9 MCI [17] 719:8; 724:19; 758:5; 759:7, 15; 760:6, 10; 775:2; 780:18; 784:11; 785:19; 809:22; 812:11, 13; 861:11; 868:10, 11 MCO [18] 689:13; 700:22; 701:21, 22; 703:11; 712:12; 713:16; 715:20; 741:20; 761:1; 777:7; 786:6; 841:13; 844:20; 853:8; 856:6: 858:7 MCT [4] 870:4, 7, 8, 12 Meagher [1] 676:11 mean [16] 682:3; 685:4; 687:12; 691:17; 704:19; 730:10; 759:18; 779:16; 797:4; 802:14; 814:1; 843:22; 847:20; 859:15; 864:3; 865:19 means [5] 685:13; 724:10; 756:7; 870:15; 872:18 meant [1] 860:20 Medical [11 844:1 meet [21 719:5; 822:2 meeting [39] 679:18; 682:16; 685:5, 8; 686:4, 18; 687:2; 700:12; 701:7; 711:9; 712:18; 713:1, 2, 20; 714:6; 716:17; 743:11; 760:22; 776:11, 13; 782:9; 794:5, 6; 797:13: 800:5, 6; 846:21; 859:19; 864:7; 865:4, 12, 17; 869:22; 871:2, 6; 872:20; 873:1, 5, 8 meetings [45] 679:10, 12, 20: 680:1, 8, 15, 20; 681:11, 16; 682:1, 14, 16, 22; 683:6, 10. 18; 684:1; 685:12, 17, 18: 688:12, 16, 18; 711:17; 712:16: 730:12: 732:17; 846:17; 860:6. 7: 862:8; 863:3; 864:2, 18. 20: 865:1, 8, 10; 872:9, 13. 14: 873:17; 874:10, 16, 21 member [5] 687:11; 710:13, 16; 859:6; 860:5 members [11] 679:22: 685:1: 688:8; 700:7; 710:6; 711:3: 738:15; 746:8; 782:12; 835:22; 859:19 memo [27] 689:16; 713:16: 777:2; 804:8, 12, 18; 805:14; 810:17, 18; 811:3, 7, 10, 17; 813:18; 814:12: 815:5; 817:18; 820:19; 824:21; 831:8, 13; 832:6; 835:16; 853:8; 870:4, 12: 872:19 memorandum [38] 689:11. 15; 692:10; 701:17; 704:14, 17; 709:8; 711:20; 712:4: 713:12, 19: 726:17; 727:6. 14; 741:19; 742:3; 743:2, 7; 744:3; 747:17; 748:4, 10. 16; 749:10; 750:12, 17: 753:12; 760:20; 765:17: 766:2; 775:21; 810:15; 853:8; 866:18; 867:19; 873:12 memorandums [1] 810:14 memory [12] 690:10; 701:6; 702:4; 704:22; 707:17; 753:3; 767:4; 794:4; 836:4; 844:11; 859:3; 868:2 mentioned [9] 754:17; 772:4, 11; 794:5; 830:17; 845:16; 846:7; 856:17; 877:5 message [2] 799:1, 3 methods [1] 759:9 MIC [4] 717:1; 788:2; 812:3. 6 microfilm [2] 784:2; 785:3 middle [3] 768:12, 14; 827:19 Mike [21 752:14, 16 miles [21 768:9; 785:7 million [2] 832:11, 12 Millions [1] 728:1 millions [11] 722:1, 6, 18: 726:8; 727:22; 728:1; 800:16, 17: 801:4; 806:11 mind [25] 688:5; 720:19: 724:15; 727:18, 21; 730:6. 11; 744:6; 759:11; 761:18: 769:12: 770:7, 16; 771:5. 10, 21; 772:17, 22; 790:15; 816:3, 6; 832:2, 4; 874:2; 878:14 minds [1] 768:7 mine [1] 854:18 minute [2] 710:15; 866:12 minutes [2] 771:22; 772:17 mischaracterization [1] 810:4 mischaracterize [1] 769:6 mishap [1] 814:3 Miss [2j 681:6; 711:15 MISSOURI [1] 878:1 Missouri [5] 674:20; 878:5, 11; 879:9, 15 misspoke [1] 769:22 mistake [1] 871:8 misunderstood [2] 840:20: 851:10 Mm-hmm [4] 684:4; 740:11; 775:15; 800:3 mm-hmm [7] 704:21; 749:6: 776:6; 783:13: 808:7; 854:15; 875:12 From journals to mm-hmm WATER PCB-SD0000063828 BSA Depo of: V/TT1.1AM B. PAPAGEORGE Monsanto v Aetna February 10, 1993 CR: 54388.0___________________ Look-Seet38) Mobile [11 852:5 modified [21 819:4; 836:14 moment [5] 683:3: 726:15; 741:12; 748:18: 803:22 Monday [1] 679:16 monetary [3/ 718:7; 736:21; 737:8 money [71 720:5; 721:6; 725:8: 800:7, 9, 10. 12 Monflex [1! 840:16 monitor [5/ 721:7; 758:16; 759:9, 10; 760:5 monitored [2J 759:3, 22 monitoring [51 758:18, 21; 759:1; 760:8; 805:11 monomer [3] 840:4; 843:9; 846:18 MONSANTO [21 674:4; 675:3 Monsanto [2381 682:2; 684:13; 686:13; 687:10, 12, 14, 16; 688:19; 690:11; 691:15, 18; 692:2, 13, 17; 694:5, 13; 695:3, 9; 696:7, 13; 697:10, 13; 698:8; 699:14, 19; 700:14; 701:20: 702:5; 704:3, 8, 9, 11; 705:19; 708:8: 709:22; 710:4; 712:6; 714:3, 7, 16; 716:10, 20: 717:15, 22; 718:3; 719:5, 7, 8, 10, 15; 720:2, 3, 12; 721:10, 22; 722:17; 723:1, 10; 724:20; 725:8; 727:2; 728:16, 21; 729:1, 18; 730:8; 731:7, 9, 16; 733:2; 734:5, 8, 12: 735:12; 736:4, 7, 20; 739:6; 742:9; 745:12; 746:6, 22; 748:21; 749:8, 20; 750:18; 751:1, 19; 752:11; 753:5, 19, 22; 754:3, 5, 16: 756:1, 9, 14; 757:5, 8, 18; 758:2, 13; 759:7; 762:8, 13, 15, 16, 21; 763:2; 764:18; 765:15; 767:22; 769:4; 770:4; 773:4: 775:12, 16; 778:19; 779:1, 7; 781:3; 787:3; 789:8, 18; 794:13. 19; 797:3. 5, 10: 798:12, 16, 17; 799:1. 7, 9, 15; 800:9; 801:15: 804:20; 805:1, 8; 806:11, 19, 21; 807:4, 5, 11, 15; 808:9, 10, 17, 21; 809:4, 13; 811:4, 5. 8; 813:22; 814:2, 6; 815:3, 11, 19: 816:9; 817:16: 819:13; 821:1, 15: 822:2, 3, 4, 10, 15, 21: 823:1, 3; 824:8, 14. 16; 825:7, 10: 831:17; 832:8. 12, 16; 833:3, 9, 13; 836:11, 18: 838:15; 839:7, 17; 840:2; 842:6; 843:4, 10. 16, 18; 844:6; 845:6, 17; 846:3: 847:7. 12; 849:16: 850:19; 857:3. 15, 22; 858:7; 859:4, 9; 860:13; 861:2. 9; 862:6: 864:6; 865:1; 866:7, 18; 867:7; 868:9; 869:6, 11; 870:20; 871:5; 872:6, 7, 13; 873:2, 5. 20, 21; 874:20; 875:2 month [4] 679:15, 18; 687:4; 774:20 Monthly [41 784:5, 8, 18; 785:21 months [4] 716:14; 717:4; 791:16; 846:20 morning [2] 679:5, 6 Motco [26] 722:14; 793:5, 9; 794:14, 19; 795:16. 22; 796:10; 797:16: 800:8, 11; 801:3; 802:20: 804:3; 805:12. 16; 806:1, 20; 808:10; 825:14, 15, 16; 833:21; 834:14, 22: 835:10 mounded [2] 828:3, 13 Mounds [1] 827:2 mounds [2] 827:22; 828:14 move [21 688:22; 761:4 moved [41 716:20; 717:1; 820:3. 7 Moving [1] 793:5 Ms [31 681:10; 712:19; 714:16 MST [1] 784:2 Myron [11 778:10 myself [1] 684:11 - N- N. W. [21 675:8; 676:4 nail [1] 761:18 name [22] 683:1, 3; 686:8; 731:22; 732:7; 752:16, 17; 755:21; 756:11, 18, 19; 765:10, 12; 767:10; 787:13; 794:17; 816:18; 845:8; 853:15: 854:9; 856:17; 857:11 named [3] 711:19; 756:8: 861:7 names [4] 750:9; 758:12; 804:11; 872:18 narrow [1] 726:21 nature [3] 685:7; 691:18: 693:5 negative [1] 720:19 net [1] 723:12 Neunreiter [4] 786:5, 14, 18, 22 newspaper [2] 691:17, 19 newspapers [1] 846:13 nobody [1] 726:5 nominate [1] 745:15 noncompound [1] 696:4 Nonetheless [1] 781:18 noon [1] 865:15 Nope [1] 864:8 normal [3] 845:6; 849:15; 867:7 normally [1] 867:6 North [57] 676:9: 761:18, 20. 21; 762:3, 5, 11, 19; 763:14; 764:4, 9, 14. 18; 765:18; 766:22; 767:5, 21; 769:13; 770:6, 8, 16, 19. 21; 771:13; 772:9, 18: 773:1, 3, 11, 17, 22: 774:7, 9, 21; 775:8, 14. 18. 22: 776:4, 11; 777:12; 780:17; 781:4; 787:15, 22; 788:5; 789:1, 6, 10: 791:4, 22; 792:10; 793:11; 795:15; 855:1; 856:14; 857:9 north [7] 762:12, 20; 767:19, 21; 768:9, 22; 791:5 northern [1] 769:16 notarial [1] 879:8 Notary [2] 877:20: 879:14 notary [2] 674:22; 878:4 notations [1] 849:10 note [11] 689:20: 690:1: 699:12; 705:4; 709:1; 713:18; 714:19; 750:5; 762:11, 19; 838:1 noted [21 705:4; 778:17 notes [3] 788:13: 864:20, 21 notice [3] 712:17; 716:10. 15 notify [1] 740:9 November [6] 693:18: 694:19: 697:9; 698:8: 699:17; 853:9 Nowhere [1] 785:6 Number [5] 693:19; 817:22; 819:2, 14: 841:21 number [24] 693:20; 700:22; 713:14: 721:22; 722:2; 731:20; 732:7; 741:20; 747:19; 753:13; 761:16; 780:19; 785:3; 800:14, 18, 21; 801:22: 806:12; 831:13; 838:1: 853:19; 858:7 numbered [1] 855:20 numbers [18] 689:13; 693:22; 701:21; 703:11; 712:12; 713:15; 715:20; 744:19; 747:8, 19; 761:1; 774:3; 783:22; 784:2; 785:2; 786:6; 801:14; 806:14 -O- oath [1] 679:7 oaths [1] 878:6 Object [4] 695:21: 718:4: 738:12: 763:7 object [8] 705:12; 710:18: 733:4, 9, 11; 791:7; 807:1; 850:8 Objection [46] 681:18; 684:8: 708:3: 719:19: 720:7; 722:5, 11; 726:12; 732:10; 735:15; 736:10; 739:21; 740:22; 741:8; 749:11; 769:5: 771:2; 772:1; 773:8, 12; 774:10; 781:6; 792:11; 798:4; 808:11; 810:4; 815:15; 816:11; 821:7, 18; 822:6; 823:6: 824:17; 825:17; 829:2, 8; 831:1; 832:17; 833:14, 22; 852:15; 867:21; 870:17; 873:11, 19 objection [5] 772:2; 809:6; 815:21; 822:17; 850:15 objections [2] 860:17; 879:1 objective [2] 685:16: 819:12 obligations [3] 733:1: 820:22; 822:2 observed [3] 707:17: 790:21: 791:4 obtain [21 700:11; 745:13 obtained [2] 773:10; 785:13 obtaining [1] 737:1 obvious [2] 785:6; 804:2 Obviously [2] 782:8; 803:9 obviously [1] 803:6 occasion [3] 682:5; 737:2; 755:1 occasionally [2] 681:7; 682:11 occasions [4] 679:10; 681:15; 682:17; 755:2 Occupational [1] 842:12 occur [81 700:9; 728:19; 759:7; 795:18; 802:12; 814:3, 8; 829:10 occurred [9] 769:13; 779:10: 791:13; 794:10; 814:4; 825:16; 829:6; 830:21; 833:20 occurs [1] 824:5 October [4] 689:12, 15; 810:15, 18 offer [5] 682:10; 794:6; 874:17, 20: 875:2 office [3] 745:7; 846:15; 862:22 offices [21 742:17; 860:8 official [21 859:4, 7 officials [1! 785:12 Oh [231 681:19; 684:4; 686:5; 712:9; 723:14; 728:10; 736:3; 747:5: 751:14, 17; 777:14; 781:13; 783:3; 786:19; 789:13; 791:14: 797:7; 817:7, 12; 828:15; 854:18; 863:14; 866:2 oh [1] 687:6 Oil [201 750:8, 19, 20. 22; 751:7, 10, 13, 19, 20; 752:1, 5, 8, 11, 12; 755:3, 4, 16; 785:16, 19 oily [1] 790:17 Okay [58J 679:22; 688:3; 689:4; 696:17; 699:15; 702:21; 703:22; 704:22; 709:14; 710:21; 717:12; 720:17; 728:5; 730:10, 19; 733:7; 734:18; 737:7; 739:16; 742:16; 745:17; 747:9; 748:14; 750:12; 761:15, 22; 763:21; 764:8, 16; 766:11, 15; 767:2, 4: 770:6; 776:10, 19; 778:5; 781:14; 784:13; 803:13; 827:4; 838:21; 841:3, 4, 20; 843:14, 22; 844:15; 849:19; 854:3; 856:8; 869:19; 870:9, 15; 871:13; 875:7, 10, 22 okay [4] 699:11; 785:1; 786:8; 858:15 Old [1] 675:15 OMROD [SO] 677:4; 734:19; 787:10; 789:3; 795:4, 9, 12; 796:13, 17; 798:6; 802:22; 803:4, 8, 15, 18, 21; 807:12; 808:12; 809:14; 810:8, 12, 22; 812:7, 10, 18; 813:6, 10, 13, 16; 815:17; 816:2, 16; 821:11, 22; 822:12: 823:2, 8: 824:19; 826:3; 829:5, 11; 831:3; 833:1, 17: 834:5, 7, 11, 16; 835:1; 837:1 Omrod [2] 676:10; 787:14 one-day [1) 865:12 one-page [4] 700:20; 741:18; 753:12; 835:16 one-year [1] 862:3 ones [2] 782:18; 812:16 ongoing [3] 750:1, 3; 876:2 open [1] 775:3 Opened [1] 785:8 operating [16] 684:21: 694:5; 715:4; 724:6, 21; 725:16; 734:4, 9; 736:1; 754:21: 818:11, 13; 847:9, 10; 869:11 operation [4] 698:2: 797:15, 16; 798:1 Operations [18] 695:9; 718:21; 724:19; 725:13; 726:2, 6: 727:1: 729:13; 731:9; 734:4; 736:15; 737:11, 18; 739:4; 745:12; 758:5; 775:2; 784:11 operations [3] 697:11; 718:3; 869:11 opinion [7] 720:15: 775:5; 797:19; 806:21; 813:21; 814:19; 872:6 opinions [2] 718:7; 815:10 opportunity [4] 748:1; 787:13; 793:14; 835:2 order [8/ 719:6, 7; 727:14: 793:7; 799:16; 834:8; 837:14; 838:2 ordinarily [I] 681:3 ordinary [5] 690:2; 742:8; 804:19; 811:4, 8 organic [1] 790:16 organization [5] 729:20; 754:8; 797:15; 868:10; 869:12 original [2] 712:3; 713:13 originally [2] 847:1; 851:15 originated [1] 746:22 Orrick [1] 675:14 OSHA [5] 842:18; 843:1: 844:14; 851:7 ought [5] 739:19; 740:13; 775:8; 842:19; 843:2 ourselves [1] 688:6 outside [51 691:18; 814:1; 815:20; 816:10 outsider [2] 691:16; 692:4 outstanding [1] 794:4 outweighs [1] 706:20 Overall [1] 780:16 overall [2] 747:12; 776:6 overhead [1] 714:12 overheads [I] 781:12 owned [2] 762:16; 767:21 owner [3] 762:7; 765:14: 769:3 owners [1] 765:11 -P- p.m. [11 876:11 PAGE [1] 677:2 page [421 693:10, 17; 696:22; 697:2; 699:7; 701:19; 702:18; 704:18; 712:4; 714:10, 20; 750:5, 10; 761:15; 763:12; 765:2, 3; 766:5, 7, 10, 11; 778:2, 3; 780:16; 782:1; 783:20: 785:2, 4; 786:10; 806:2; 831:8, 9, 10, 11; 844:22; 845:1, 22; 849:20; 855:2; 869:20; 875:6 pages [4] 692:12; 702:2; 870:14; 878:20 PAPAGEORGE [3] 674:18: 877:1, 9 Papageorge [175] 677:10, 11, 12, 13, 14, 15. 16, 17, 18, 19, 20. 21, 22; 678:1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15; 679:5, 9; 688:22: 689:8, 11, 13, 15, 17, 20; 690:6; 692:8: 693:14, 16; 694:4, 13; 696:21; 699:8; 700:11, 17. 20; 701:4, 12, 16, 18, 22: 703:5, 7, 9, 15; 704:14; 705:5, 16; 707:20: 708:5, 7, 13; 709:1; 711:22; 712:2, 5, 7; 713:4, 8, 11, 18. 21; 714:20; 715:16, 18, 22; 716:5; 717:14; 721:4; 726:7, 16; 727:6; 731:20; 732:19; 736:9; 737:8; 738:6; 741:14, 17; 742:1; 744:13, 16, 22; 746:20; 747:14, 16: 748:1; 750:6, 17; 753:8, 11. 19; 757:21; 758:4; 760:16, 19; 761:4, 15, 17; 763:13; 765:21; 766:1, 4; 768:7: 770:22; 772:21; 774:6, 21: 775:11; 776:7, 20; 777:1, 5, 10; 778:12; 779:5; 780:1, 4, 15, 22; 781:19; 783:16, 19: Mobile to Papageorge WATER PCB-SD0000063829 BSA Depo of: WILLIAM B. PAPAGEORGE Monsanto v Aetna February 10, 1993 CR; 54388.0 Look-See(39) 784:4; 785:1; 786:1, 3, 7; 787:5, 11; 803:16, 19, 22; 810:10, 12, 17; 834:9, 11, 19; 835:3; 837:9, 15, 19; 838:14; 841:9, 15; 844:16, 19; 845:5; 848:19; 849:6; 850:12; 853:4, 13; 857:14; 858:2, 6; 866:8, 10, 15; 867:1, 12 Paragraph [2] 820:20; 852:21 paragraph [21] 706:18; 707:19, 20; 709:2; 727:7; 743:2; 765:5; 785:3, 15; 832:7; 835:19; 839:15, 21; 852:3; 855:20; 856:8, 9, 13; 870:3, 11; 872:18 paren [1] 765:8 parens [1] 834:14 parenthetical [1] 870:11 Park [26] 682:18; 697:19; 698:11; 699:21; 742:16, 21: 744:9, 12; 810:18; 813:21; 814:17; 815:5, 14; 817:19; 818:16; 820:11, 17, 20; 821:17; 822:5, 8; 823:11; 824:6; 852:5 part [25] 685:13; 713:6; 720:10; 725:14; 730:4, 22: 732:11; 766:12; 768:16; 769:15, 16; 776:5; 778:1, 5; 781:22; 794:10; 798:13; 820:10; 824:10; 825:9; 846:8; 847:9; 868:10; 871:17 participate [3] 716:7; 718:13; 775:7 participated [1] 774:12 participating [2] 687:20; 730:13 parties [5] 807:15; 808:5; 876:9; 879:6, 7 parts [4] 719:8; 731:7; 761:7; 781:19 party [4] 735:13; 813:6; 861:1; 862:5 pass [11 682:11 passive [1] 874:15 patient [1] 837:12 pattern [2] 680:18; 786:19 Pause [1] 741:13 pay [2] 725:8; 797:20 payment [1] 728:9 PCB [3] 695:17; 696:7, 13 pending [1] 878:8 people [31] 680:13, 19; 681:15; 683:9, 13, 14, 15, 20; 684:1; 686:3; 688:19; 706:7; 711:12; 724:8; 750:1; 799:5; 806:15; 807:6; 809:1, 11: 822:10, 13; 825:21; 831:13; 833:5, 6, 7; 857:4; 861:13; 870:6; 871:14 perceive [1] 851:6 perceived [3] 815:2; 820:5; 859:18 Perfect [2] 680:6; 817:11 perfect [1] 817:9 perfectly [1] 768:15 performed [2] 759:6; 777:21 performing [1] 700:13 period [17] 687:9; 694:18; 704:11; 715:8, 12; 718:18; 722:8; 731:8; 734:10; 754:14, 21; 775:1; 779:7; 794:1; 800:20; 801:2; 830:22 periodic [1] 679:13 periodicals [1] 759:1 permitted [2] 698:17; 813:10 person [7] 681:3, 13; 698:10; 770:14; 815:2; 842:10; 869:7 personal [1] 725:14 Personally [1] 713:14 personally [11] 687:18; 720:17; 730:16; 731:10, 14; 738:16: 747:8; 800:20; 826:20; 843:11, 20 personnel [6] 708:19; 811:4; 829:15, 16; 844:6 persons [1] 749:9 peruses [32] 689:18: 697:7; 698:4; 701:2, 14; 703:13, 16; 716:1; 741:16; 745:2; 747:21; 753:10; 760:18; 761:11; 776:22; 777:8; 780:20; 783:18; 804:4; 810:20; 823:19; 838:17; 841:11, 18; 844:18; 848:21; 849:2; 853:6; 858:4; 866:21; 867:2; 868:1 perusing [1] 837:22 Peter [1] 683:2 Petro-Processors [1] 852:12 petroprocessor [1] 851:16 Phocion [3] 682:18; 742:16: 821:9 Phoenix [1] 755:6 phone [11 812:13 Phonetic [4] 703:9, 10; 712:8 Phosphate [1] 848:5 phraseology [1] 824:4 phthalate [1] 848:5 physical [2] 763:2; 799:13 physically [1] 826:21 picked [3] 710:7; 775:14: 796:8 picture [5] 768:7; 770:6; 771:5, 21; 773:1 picturing [1] 835:9 piece [2] 735:8; 870:20 pieces [1] 781:22 pile [1] 827:1 pit [21 826:19 Pits [11 852:12 pits [91 801:7; 826:9, 17, 20; 828:19; 830:10, 13. 17; 851:16 place [10] 736:19; 749:18; 754:12; 797:19; 798:2, 20; 799:16, 17; 816:12; 824:6 places [1] 734:9 placing [1] 867:14 PLAINTIFF [1] 675:3 Plaintiff [1] 674:6 plaintiff [1] 756:8 plaintiffs [1] 758:1 plan [2] 743:20; 744:1 planned [1] 744:8 plans [11 709:5 Plant [4] 778:8; 811:21; 829:15, 16 plant [51] 686:6; 737:3; 741:2; 743:3; 746:9, 10: 747:6, 10; 748:11; 749:17; 752:15; 754:9, 15, 22; 756:9; 757:1; 767:16, 19; 768:9; 773:15, 20; 774:7; 777:16; 778:13, 16; 779:6, 9; 785:6; 791:15; 793:13; 795:14; 19; 797:13 , 22; 799:6, 20; 802:11, 13; 805:6; 806:16; 807:8, 11; 809:21; 811:22: 812:1; 815:6, 9: 854:13; 868:9 plants [16] 736:17; 745:19; 712:16; 714:7; 715:3; 781:2, 746:2, 6, 13, 15; 760:8, 9; 9, 11, 15, 20; 782;1, 19; 780:13; 805:8; 812:3; 783:1 819:13; 843:13, 18; 847:12; presentations [1] 708:19 869:16 presented [2] 774:9; 867:7 plastic [1] 860:14 presenter [1] 782:22 plasticizers [3] 839:6; press [1] 846:5 847:11; 848:2 Presumably [1] 865:16 Plastics [2] 860:12, 13 presumably [2] 839:17; played [1] 875:4 871:17 Plotting [11 753:15 pretty [5] 688:11; 740:2; point [17] 690:17; 706:1; 858:9; 869:4 714:15; 717:8; 738:7; prevailed [1] 757:19 775:11; 788:20; 791:3; previous [3] 723:6: 772:11; 792:8, 12; 802:18; 805:6; 845:16 808:21; 814:10; 821:12; previously [1] 874:16 822:3; 842:22 primarily [2] 760:7; 780:22 pointed [1] 763:17 primary [2] 759:4; 782:22 pointing [1] 863:17 prior [8] 683:4; 726:13; policies [3] 709:22; 710:4; 769:7; 805:3; 818:2; 819:8; 714:17 828:10; 837:15 Policy [21 714:12; 799:21 Problem [1] 810:19 policy [41] 679:10, 12; problem [7] 799:14: 800:15; 680:8, 15, 20; 681:11, 16, 824:5; 834:4; 852:14; 22; 682:14, 22; 683:10, 18, 863:16, 18 22; 685:12; 686:17; 687:2; problems [8] 745:22; 759:15; 688:12; 705:2, 7; 707:10; 814:4; 816:15; 833:5, 6; 708:2, 8, 17, 20; 714:21; 840:8; 855:17 716:11; 726:19; 727:9; procedure [7] 692:1, 5; 736:8; 774:16; 778:9, 14, 738:21; 739:2: 816:12, 17: 19; 779:1; 815:19; 816:9, 820:14 20; 836:13; procedures [1] 816:17 857:16, 21; 859:6 proceed [1] 734:2 pollution [11] 700:9; 758:7; process [3] 690:10; 713:14; 760:11; 825:15; 832:9, 13; 721:21 833:10, 11, 18, 19, 20 processes [I] 708:9 Polvin [1] 840:16 Processors [3] 750:9, 20; polymers [1] 840:3 755:16 portion [1] 744:3 produced [2] 713:12; 869:12 poses [1] 863:17 Product [1] 847:8 position [13] 694:6; 699:6; product [11] 709:3; 714:20; 704:5; 724:18; 734:3; 737:3;\ 715:6, 9; 839:8; 840:11, 22; 814:17; 832:1; 842:18; 847:14; 848:14; 850:19; 870:5; 871:14, 18; 873:6 851:8 positions [1] 872:12 Production [2] 693:22; positive [1] 788:20 703:11 possibility [3] 797:14, 18; production [12] 689:13; 798:1 700:22; 701:21; 713:14; post [11 722:1 715:20; 741:19; 747:19; post-closure [1] 721:11 753:13; 761:1; 780:19; potential [26] 681:17; 786:6; 831:11 706:19; 707:13, 18; 710:8; products [5] 731:6; 840:9; 716:9, 16; 717:5; 718:2; 842:20; 845:17; 847:10 719:16; 721:22; 724:20; Professional [I] 675:6 727:8, 11, 19; 728:8, 22; professional [I] 725:15 729:19; 734:8; 736:5; 738:9, profuse [1] 827:9 18; 745:21; 817:14; 821:15; Program [1] 849:22 843:8 program [1] 696:13 potentially [3] 683:20; programs [2] 690:14; 749:18 722:17; 735:13 project [2] 807:21; 855:21 practice [4] 705:19; 706:5; promoting [1] 743:21 739:3; 741:5 promulgated [1] 718:16 practices [1] 719:11 promulgating [1] 843:2 precise [1] 806:12 proper [5] 698:19; 775:6; preliminary [1] 788:21 816:20; 822:10, 13 premise [1] 702:21 Properly [1] 785:4 preparation [2] 693:1, 2 properly [1] 699:6 prepare [2] 704:14; 709:12 property [8] 708:9; 762:13, prepared [9] 704:2; 709:9; 21; 763:14; 796:16, 19; 714:11; 748:5; 801:18, 20; 826:8; 832:10 804:19; 811:3, 10 proportion [2] 827:6, 10 Preparing [1] 862:20 proposal [2] 694:14; 698:1 preparing [2] 692:6; 862:21 proposed [3] 730:14; 759:4; presence [2] 681:20; 790:16 760:1 present [11] 724:15; 759:12; proposing [2] 743:12; 776:10, 13; 781:9; 782:6, 745:14 10; 790:13, 14; 825:20; propounded [2] 878:22; 848:13 879:2 Presentation [I] 780:17 proprietor [I] 765:7 presentation [12] 685:5; protect [II 823:3 protected [1] 832:8 Protection [2] 815:1: 817:22 protection [2] 706:20; 823:1 protects [1] 822:21 provide [8] 691:16: 695:5: 721:5; 738:16; 793:7; 836:10 provided [10] 696:6; 743:6: 745:17; 781:12; 802:3, 10: 804:3; 805:22; 806:1, 4 provider [1] 730:13 provides [2] 821:2; 824:12 providing [5] 723:21; 731:11, 15; 802:19; 824:3 prudent [1] 840:15 Public [2] 877:20; 879:14 public [6] 674:22: 787:2; 799:13; 846:3; 852:11; 878:4 publication [2] 760:11; 784:18 publications [5] 758:6, 9, 14, 15; 759:18 published [2] 730:15; 849:21 pull [2] 716:8; 747:6 pulling [4] 690:11; 691:5; 717:4; 747:4 pump [1] 762:20 pumps [4] 769:15, 18; 770:1; 771:6 purchase [3] 736:7: 785:16: 840:2 purchased [3] 706:20; 708:8: 816:22 purchaser [1] 840:15 purpose [61 691:7; 696:15: 716:10; 748:19; 749:22; 809:2 purposes [7] 695:11; 721:12; 725:18; 726:19; 737:21; 738:11; 770:1 Pursuant [1] 835:19 pursuant [3] 692:20; 813:1; 878:7 pursue [1] 843:21 Putnam [3] 853:9; 854:3; 856:15 putting [11 771:15 - e-_______________ qualified [1] 878:5 quandry [1] 840:5 quantified [1] 727:20 quantifying [1] 786:20 quantity [1] 746:22 quarter [9] 773:14; 788:2. 14; 792:6; 796:4; 797:12: 798:11; 802:14; 809:17 question [42] 687:13; 688:10; 692:18; 696:2, 9; 697:5, 21; 698:17; 699:6, 11; 702:22; 703:1, 3; 708:4; 714:4; 729:14; 733:11; 736:11; 737:14; 741:4; 742:20; 744:21; 793:6; 806:19; 808:8; 811:2; 822:13, 14; 829:10; 831:22: 833:12; 834:20; 839:11; 840:9; 848:15, 16; 850:8; 851:3, 11; 868:14; 874:3, 5 questioning [4] 733:13; 787:19; 788:1; 872:2 questions [9] 761:8; 783:2: 804:1, 2; 827:5; 834:19: 868:4; 878:22; 879:2 quibble [2] 768:15; 770:10 quickly [4] 689:19; 761:5; 829:10; 858:9 quiet [1] 862:8 Quote [1] 852:3 From Paragraph to Quote WATER PCB-SD0000063830 3SA Depo of: WILLIAM B. PAPAGEORGE Monsanto v Aetna February 10, 1993 CR: 54388.0 Look-See<40) .note 124] 697:22; 699:15; I 7, 17; 789:1, 17,21, 22; ~')6:18. 21; 709:3, 5; 765:6: 790:3, 7: 792:14; 793:18; -85:4: 839:20: 840:2; 844:8; 794:16. 18, 20; 795:5, 7; 51:13. 14, 19; 852:6, 22; 796:14; 799:18: 800:14, 15, <53:1; 855:21; 856:1, 3; 17; 802:2, 15, 18, 21; <66:9: 870:4; 871:9: 872:18 804:16: 805:5, 20; 807:18, .noted (11 870:12 22; 808:3, 15; 809:15; 811:13. 16; 813:17, 20. 21; - R- 827:4. 15; 831:19; 835:16: Raeann [1] 777:3 rainbow [4] 772:8; 789:22; 790:19; 791:5 raised [8] 713:5; 791:3; 802:6: 815:14: 817:19; 820:11, 16; 834:19 raising [1] 814:18 Ralph [41 743:11; 753:6; 755:9; 785:8 ran [21 785:9: 789:5 random [1] 680:18 range [7] 838:1, 3; 841:13: 844:19; 848:22; 853:7: 866:17 ranged [11 828:15 ranges [l] 838:3 rapidly (II 785:7 rare (11 682:5 RCRA fill 718:16; 719:10, 17: 721:4, 8, 12; 723:5, 22; ~24:4, 11: 731:11 re [1/ 834:13 re-reviewed [1] 761:5 reach [2] 833:15; 871:18 react [1/ 814:3 reaction [I] 853:2 read [34] 697:5, 8, 21; 698:5; 702:15; 707:15, 20; 709:22; 715:21; 716:2; 720:21; 734:20; 761:8; 777:4; 778:5: 786:8; 817:18; 820:21; 823:18, 20; 824:1, 2: 832:7; 836:3; 838:18; 850:2; 856:9; 857:16, 19, 21; 858:8; 872:21; 877:2 Reading [11 868:2 reading [81 702:1; 819:6; *24:13. 15. 20; 870:10; <74:2 reads (31 852:12; 855:21; <72:18 real 14/ 817:12. 13; 862:4; v66:12 realistically [1] 855:13 realize [1] 753:21 realized [1] 731:2 reason [7] 743:10; 744:5: 776:14; 814:16; 816:14; <21:9; 855:16 reasons [2/ 700:15: 750:1 recall [168/ 679:14; 681:6, 8. 9. 19; 682:6, 9, 20; 685:7: 686:19; 687:4, 18, 20. 21; 688:5, 9, 21; 690:8; 691:14. 19. 20; 692:5: 694:8: 695:1, 12; 700:16: 702:8; 703:17; 707:3; 708:21, 22; 709:18; 713:7; 714:9, 18; 716:6, 12, 17; 717:7; 721:9, 13: 724:5, 6, 8. 13; 732:16, IS; 735:18, 19; 744:4, 8; 748:9, 10: 750:21; 753:7, 20: 755:4. 10; 756:11, 12; 757:6; 759:20; 762:5, 8, 15; 763:1; 764:19, 21; 765:14: 767:7; 770:11, 17; 772:3; 773:13; 774:13: 775:15, 20; 776:9: 779:10. 17; 780:11; Sl:10; 782:5. 15: 783:9: 784:19; 788:4, 5. 836:3. 8, 12, 16, 17: 837:17, 18; 844:9; 845:9, 11, 12; 846:17, 21; 847:1, 4, 6, 18; 848:1, 16, 18; 849:6; 850:4; 851:13, 21; 852:8; 853:17; 859:22: 863:2, 16; 864:16; 867:11, 13; 868:3, 4, 19; 871:20 recalling [2] 783:11; 836:19 receipt [2] 735:22; 850:10 receive [12] 690:4; 699:9; 714:15; 751:16, 18; 753:18; 780:12; 781:14; 786:13, 17; 846:6: 855:12 received [22] 702:4; 709:17; 735:13: 742:12; 773:2: 777:20: 804:13; 845:5; 849:11. 17; 850:5; 854:1, 17; 855:10, 15; 857:14; 864:11; 868:8, 21; 869:5, 8, 18 receiving [6] 784:19; 806:9: 850:6, 13, 16; 852:8 recently-approved [1] 835:20 Recess [21 717:11; 787:8 recess [1] 760:15 recessed [1] 876:12 recognize [19] 690:13, 16; 701:4; 716:4; 742:3, 11; 748:4; 766:11; 767:15; 771:16; 777:19, 22; 781:2, 19. 22; 787:5, 6; 793:7 recognized [4] 817:20; 818:4; 852:13: 853:1 recollection [17] 689:3; 708:18; 727:18; 754:18; 764:13: 767:17, 18; 785:17; 788:16; 792:5; 794:20; 795:17; 801:1; 808:6; 838:22; 855:18; 856:10 recollections [1] 835:5 recommenced [1] 876:8 recommencing [1] 674:20 recommendation [6] 705:6, 9, 22; 706:7, 11, 14 recommendations [1] 705:20 record [30] 679:2; 687:13; 697:3, 22; 702:15; 717:12; 749:8; 760:14; 762:10; 763:9: 764:17; 781:2, 14; 784:1, 14, 20: 786:22: 787:7; 803:18; 810:8, 9; 819:17; 834:6, 18; 837:6; 841:6; 874:6; 876:4, 5, 6 records [9] 747:8; 778:8, 14, 18; 779:1, 2, 6; 780:5, 9 recover [1] 728:16 Recovery [1] 719:10 recovery [2J 743:12, 13 reduce [1] 808:22 reduced [1] 822:22 Reese [2] 776:9, 12 refer [4] 689:22; 726:15; 838:18, 19 reference [14] 707:7: 713:19; 714:19; 743:1, 17; 744:5; 765:5: 772:13, 16; 805:14; 807:20; 836:1; 855:2, 3 referenced [2] 707:14; 713:21 references [1] 751:5 referred [8] 686:20; 748:6; 763:16; 764:11; 771:4; 789:4; 826:9; 840:12 referring [19] 688:5; 706:16; 739:11; 746:10; 763:15; 770:21; 788:11: 796:11, 22: 798:10. 19; 807:13; 808:14; 823:11; 826:12; 841:1: 848:3; 870:13; 871:10 refers [5] 856:4, 8, 11; 869:20; 871:9 Refining [3] 752:19; 755:19, 22 reflect [1] 819:3 reflected [7] 790:15, 17; 811:13; 817:21; 819:1; 822:4: 872:1 refresh [10] 689:3; 690:9; 701:6; 704:22; 707:17; 708:17; 785:17; 835:5; 836:4; 838:21 refreshed [1] 714:6 refreshes [2] 702:4; 868:2 regard [3] 839:2; 840:6; 853:14 Regarding [3] 848:9, 10; 851:18 regarding [38] 684:10: 689:1; 707:16: 716:8: 718:7; 734:15; 735:1, 2; 738:17; 769:8; 787:21; 788:4; 791:21; 798:16; 801:14; 813:22; 815:2; 835:5; 837:16; 842:6; 843:6; 844:5; 848:8, 13; 850:14, 16; 851:15; 859:1, 13; 863:7; 864:14, 18; 867:19; 868:14, 21; 870:21 regards [9] 796:10; 800:7; 801:2; 805:12; 815:19; 816:10; 817:13; 819:7; 830:9 region [1] 757:2 regional [1] 745:7 Register [2] 758:10; 760:2 regular [10] 680:5, 7, 9, 10, 16; 688:11, 12, 15, 17; 704:2 regularly [3] 679:14; 681:1; 682:13 regularly-assigned [1] 681:7 regularly-scheduled [2] 688:18; 800:5 regulation [3] 717:21; 719:22; 728:20 regulations [14] 718:15; 719:1, 6, 12, 18; 720:6; 725:6; 731:11, 16; 759:4; 760:1; 815:4; 824:7; 836:15 regulators [4] 772:14; 773:21; 779:21; 794:2 Regulatory [2] 699:14; 700:4 regulatory [19] 730:13; 742:17; 745:13; 746:3; 759:3, 5, 14; 760:1, 6; 788:4, 9; 789:16; 805:11; 807:6: 809:11; 814:3, 22; 824:7; 825:21 Reid [1] 777:3 Rein [1] 676:3 Reinsurance [2] 676:9; 787:15 relate [3] 698:20; 737:5: 851:8 related [9] 707:18; 759:9; 776:2; 791:9; 851:7; 857:18: 864:9, 17; 879:6 relates [3] 851:9; 855:4; 869:14 relating [7] 731:21; 736:17: 759:10; 795:15; 800:12; 816:20; 855:6 relation [1] 767:5 relations [3] 787:2; 799:14; 846:3 relationship [5] 749:8; 750:18; 751:6, 9. 13 relatively [1] 862:8 relayed [2] 799:4; 843:18 released [1] 684:6 releasing [2] 692:2, 7 relevancy [1] 732:10 reliable [1] 711:19 relied [2] 738:15; 760:7 remained [1] 868:4 remarks [1] 878:22 remedial [2] 789:19; 824:9 remediation [3] 715:14; 775:17; 776:3 remedy [1] 855:22 remember [81] 681:13; 682:7; 683:5, 6, 21; 686:21; 690:21, 22; 691:22; 693:7; 700:1; 701:5; 702:6, 7, 11; 704:1; 708:15; 722:2, 3, 6; 742:13, 14; 745:3; 749:13; 751:17; 752:16, 17, 21; 753:2: 756:15, 17; 757:11, 14, 17. 20; 758:10; 767:10, 11; 768:4; 772:19: 775:10; 778:15; 780:6, 8; 781:13, 17; 783:5, 14; 790:5; 791:16; 792:16, 20; 793:12, 17, 21; 794:4, 5, 22; 795:8; 797:17; 800:6, 21; 802:17; 805:19; 818:22; 819:5; 828:6; 836:20; 844:10, 13; 846:22; 849:8; 852:7; 861:8; 864:12, 19; 868:6; 871:4; 872:11; 875:19 remembering [1] 690:18 removed [1] 713:13 renewal [1] 705:6 renewing [1] 726:18 reorganization [1] 754:12 repetition [1] 748:12 rephrase [4] 687:13; 696:1; 705:16; 729:14 replace [1] 866:9 replaced [3] 860:10, 17; 862:14 replacement [1] 861:1 replacing [1] 859:1 Report [11 701:20 report [17] 682:3; 684:11, 13; 685:7, 21; 686:12, 17; 687:1; 702:3, 13; 761:21; 864:22; 865:16. 19; 868:21; 869:1, 4 reported [4] 707:17; 758:6; 851:9; 878:19 REPORTER [2] 734:21; 874:7 Reporter [1] 844:21 reporter [2] 674:22; 760:12 reports [5] 684:9, 19; 685:2, 19; 757:18 represent [10] 694:13; 787:14; 803:13, 15; 812:19, 22; 838:5; 841:6; 873:5, 21 representation [4] 803:2; 812:15; 837:3; 838:12 representative [6] 682:15, 18. 21; 818:12; 859:4; 860:15 representatives [8] 684:20; 701:8; 746:1, 3: 802:11; 818:10; 829:3; 859:11 represented [7] 724:7; ' 832:1, 3; 840:10; 860:14; 861:16; 869:10 representing [2] 763:13; 862:5 request [20] 695:12; 738:14; 739:8, 12, 13, 14, 18: 740:2; 747:5, 9; 748:8, 9, 18, 19, 20; 789:12, 15, 17: 801:19; 812:20 requesting [2] 748:5: 777:16 requests [3] 740:4; 748:12, 15 require [1] 799:15 required [5] 721:4, 10; 724:3; 776:3; 779:7 requirement [1] 721:9 requirements [8] 718:22; 719:5, 12, 17; 723:12; 724:10, 21; 728:21 research [1] 861:20 Reserve [1] 675:15 reserved [1] 733:7 residents [2] 851:20; 852:4 residual [3] 840:3, 13; 843:4 Resource [1] 719:9 resource [1] 728:14 Resources [4] 745:7, 20; 746:7; 805:15 respect [5] 693:7; 696:9: 714:17; 839:12; 858:17 respects [1] 879:1 respond [4] 698:17; 699:6; 739:13; 870:20 responding [1] 862:22 responds [I] 874:5 response [20] 682:12; 688:1; 689:16; 732:20; 739:8; 748:17; 750:16; 787:22; 789:9; 819:14; 820:10, 16; 834:13, 20; 835:20, 21; 836:2, 6, 11; 868:14 responses [1] 685:11 responsibilities [2] 807:16; 832:21 responsibility [28] 725:17, 22; 729:6, 21; 730:2; 736:22; 737:6; 754:9, 14, 21; 794:10; 798:12; 799:7: 805:11; 806:20, 22; 808:10, 19; 809:1, 5; 837:16; 839:2, 5, 12; 840:6; 847:4, 17, 19 responsible [10] 708:10; 729:3; 735:13; 736:20; 743:21; 807:15; 808:5; 815:12; 843:15; 845:19 restricting [l] 800:9 restroom [1] 844:2 result [6] 697:11; 721:21; 737:5; 819:9; 842:14; 861:2 resulted [1] 865:4 resulting [1] 708:9 results [9] 777:20; 792:13; 832:10; 865:7; 872:3, 4, 6, 7; 876:3 retained [2] 778:19; 779:6 retention [6] 778:8, 13, 14; 779:1; 780:5, 10 returned [1] 692:16 Review [4] 775:22; 780:17: 782:13; 783:6 review [12] 693:4; 694:21; 695:4; 699:13; 703:15; 725:1; 741:22; 742:17; 744:22: 748:1; 766:6; 818:15 reviewed [13] 689:19; 690:9: 694:2; 703:17; 704:17; 705:5; 707:9; 708:16; 748:2: :ptote to reviewed WATER PCB-SD0000063831 BSA Depo of: WILLIAM B. PAPAGEORGE Monsanto v Aetna February 10, 1993 CR: 54388.0 Look-See(41) 749:20; 781:18; 845:3: 793:1; 795:2; 796:11; 798:4; session [I] 863:16 734:8, 16; 735:2; 745:14. \ 730:2; 796:11; 797:3, 4; 867:4 803:2, 7, 13: 807:1; 808:11; sessions [2] 770:20; 864:10 20; 759:6. 14; 772:20: 802:3: 836:16 reviewing [1] 692:19 809:6; 810:4; 812:13; 813:3, setting [1] 692:15 785:5; 795:6; 814:5, 7: specifics [6] 686:22; 724:13: revision [3] 817:21; 819:1, 9, 12; 815:15, 21; 816:11; seven [2] 716:14; 717:4 836:18 732:18; 744:1; 758:10; 2 821:7, 18; 822:6, 17; 823:6; seven-day [1] 813:2 sitting [1] 683:14 827:16 Reynolds [2] 765:7, 10 824:17; 825:17; shaded [2] 766:20; 767:15 situation [22] 684:15; specified [3] 688:8; 692:1, 5 Right [51 812:12; 848:15; 829:2, 8; 831:1; 832:17; shape [2] 766:20 687:6; 696:7; 705:15: speculate [2] 735:8; 749:21 861:5, 19: 875:19 833:14, 22; 834:15; 836:21: share [9] 685:10; 687:5, 7; 732:22; 735:6: 738:18: speculation [5] 710:19, 20: right [48] 680:4, 10; 838:7, 9, 12; 850:8, 15; 778:20; 807:16; 809:1; 759:7; 771:20: 773:3; 775:9; 734:14; 735:1, 4 688:13, 14; 690:21; 691:1, 852:15; 867:21; 870:17: 860:21: 862:19; 870:18 776:11; 781:4; 793:11; Speculative [1] 821:18 2; 693:8, 20: 699:10; 873:11, 19; 876:6 shared [2] 774:14; 809:20 820:6; 834:2; 840:18: speculative [7] 705:13; 701:11; 703:19; 704:19; Saifatti [2[ 675:4; 729:9 shed [1] 793:19 842:22; 848:14: 856:1, 4. 798:15, 18, 21; 822:7, 18: 708:10; 712:7; 718:3; 723:9; sat (21 873:17; 874:10 sheen [9] 772:5, 8; 789:22; 10 823:7 726:5; 728:4; 729:14; 730:8; satisfying [1] 724:10 790:13, 15, 21; 791:5 situations [4] 816:14; spend [2] 703:4; 800:10 731:19, 22; 732:2, 15; saying [8] 690:16, 21; sheet [2} 713:12, 17 822:22; 825:3; 855:9 spending [2] 702:20; 721:6 733:3; 740:16: 760:4; 762:3; 699:2; 702:12; 724:14; shipping [1] 819:9 six [2] 683:16; 846:20 spent [4] 775:4: 800:8, 11, 768:9, 14; 769:4, 22; 741:5; 824:13; 874:19 shop [3] 765:18; 769:1; size [1J 683:12 12 776:10; 777:6; scenario [2] 798:20; 857:1 771:6 Skadden [1] 676:11 spoke [11 684:15 783:12; 813:12; 824:22; scene [2] 732:21; 814:22 shorthand [2] 674:22; sketchy [1] 779:12 spoken [1] 711:17 839:21; 841:8; 844:11; schedule [3] 679:17; 859:17; 878:19 Slaughter [5] 756:8, 11, 14, spokesman [1] 871:5 853:21; 854:9, 14; 859:3; 865:15 show [41 680:22; 702:2; 16; 758:1 sporadic [3] 786:20: 859:13, 863:10; 865:9 scheduled [2] 679:13; 681:17 785:1; 795:2 slight [1] 767:7 15 right-hand [5] 693:10; Schlattman [8] 860:12, 14; showing [3] 681:6; 730:20; slightly [4] 688:10; 767:7; sporadically [1] 862:12 766:21; 804:12; 853:16; 862:14; 863:20; 866:13; 784:1 819:5; 868:3 spots [11 827:17 858:11 873:4, 7, 22 shows [1] 867:17 slip [2] 783:20; 786:4 Square [1] 676:13 Rinaldi [2] 760:21; 777:3 school [11 733:22 shutting [11 718:8 smaller [2] 767:8; 827:18 SS [11 878:2 ring [1] 857:11 Schwalb [11 675:5 sic [1] 863:15 Smith [71 683:2; 699:22; ST [11 878:3 rise [3] 698:3, 7; 699:4 scope [2] 714:7; 833:13 sides [11 764:4 858:16; 859:3: 860:2: 866:8, St [4J 674:20; 774:8; Risk [22] 680:14, 19; scratch [1] 850:3 sight [1] 806:1 12 878:11; 879:8 681:3, 9, 15; 694:20; 695:4; se [11 839:9 signature [9] 703:19, 21; sold [4] 753:5; 840:11; staff [38] 679:10. 12, 22: 711:12; 724:1; 736:6; sea [121 763:5, 13, 16, 21; 712:18; 811:11, 12; 835:12, 842:20; 850:19 680:8, 15, 20; 681:11, 16; 737:11, 17; 738:7, 22; 764:5, 6, 8; 768:13, 17, 19: 14; 877:4; 879:3 Solidified [11 827:2 682:1, 14, 22: 683:10, 18; 739:5, 12. 19: 740:18, 20; 771:7 signatures [1] 778:4 solidified [l] 826:14 684:1; 685:2, 12; 686:17; 831:17, 18; 832:3 seal [1] 879:8 signed [5] 692:16; 699:13; soluble [1] 820:3 687:2; 688:12; 697:20; risk [9] 690:12; 691:6; search [5] 777:13, 17, 18, 817:2; 839:16; 842:2 solve [1] 863:18 700:7; 710:6, 13, 16; 711:3: 700:14; 702:5; 708:19; 20; 808:6 significant [4] 717:16, 20; Somebody [1] 710:3 716:21; 725:21; 740:17; 715:5; 738:17; 741:7; 833:7 Sears [1] 694:7 718:2, 11 somebody [10] 682:3, 13; 748:15; 749:4; 774:16; Ritz [21 674:19; 878:10 second [16] 679:16; 696:21; signing [1] 698:1 706:8; 736:2: 739:8; 749:3, 777:15; 782:13; 800:1, 2; road [7] 763:19, 21; 768:13, 702:14; 750:5, 10; 765:3, 5; Silbert [1] 675:5 19; 800:19; 801:22; 851:4 806:9; 17; 793:16; 826:15; 849:19 802:16; 831:9; 832:7; single [1] 712:4 somehow [3] 711:8; 799:2; 807:8 Robert [4] 676:10; 713:17; 839:15, 21; 845:22; 849:20; sir [33] 690:5; 703:21; 833:4 staffs [31 746:8, 18; 818:11 787:13; 831:8 852:2; 870:3 704:21; 708:11; 709:7, 10; someone [10] 706:16; 710:7; stamped [41 803:19; 810:13; Roberts [1] 693:18 Secondarily [1] 759:5 712:21; 721:14; 728:18; 728:2; 729:5: 788:17: 834:12; 858:6 Rodney [1] 676:13 secretary [1] 866:1 730:9; 741:11; 743:19; 805:10; 854:19; 860:13, 21: stand [1] 806:21 role [7] 775:4; 798:16; section [1] 697:2 748:7; 750:11; 757:3; 863:22 Star [2] 676:9; 787:15 873:7, 16; 874:9, 15; 875:4 seeking [6] 728:16; 737:20: 761:19; 764:1; 767:3, 6; somewhat [1] 705:13 start [5] 731:12; 761:16; room [2] 682:7; 827:18 749:3; 750:14; 789:18; 786:12; 795:17; 797:11; somewhere [2] 748:20; 766:6; 800:13; 819:13 Ross [1] 693:18 824:8 810:7; 825:6; 843:22; 789:14 started [10] 687:5: 697:19: roughly [2] 764:13; 793:22 Seep [11 784:9 845:14; 850:2; 851:1; 855:6; Sorry [1] 867:10 754:20; 792:18; 809:15, 16: routing [1] 783:20 seep [2] 790:22: 792:10 857:12; 858:10: 872:15, sorry [18] 693:19; 701:21; 810:2; 811:1; 820:10, 15 rule [51 717:17, 22: 730:6, seepage [8] 772:14; 788:5; 16 730:17; 763:15; 774:12; Starting [1] 787:21 8; 813:2 789:10; 791:21; 832:13; sit [3] 704:13; 709:22; 776:7; 779:16; 780:7; starting [3] 845:18; 847:13; rule-making [1] 718:13 833:11, 18, 19 727:17 808:13; 816:5: 825:9; 865:14 rules [11 730:14 seeping [1] 791:4 Site [31 752:20; 753:15; 835:13; 850:3: 851:1; 852:2: STATE [2] 674:1; 878:1 running [11 763:14 selfishly [1] 860:20 780:17 855:6; 866:8: 874:5 State [38] 674:20; 723:4; runs [1] 803:20 semicolon [1J 719:3 site [891 685:21; 686:4, 8, sort [4] 793:20: 797:18; 735:5; 742:16; 745:13: send [5] 709:12; 711:20: 20; 722:14, 19: 723:1, 3, 4; 859:7; 865:15 753:15; 773:21: 774:1, 4; - S- 745:14; 760:8; 803:11 735:14; 736:1; 743:13, 22; sound [2] 851:3; 878:14 788:3, 9, 18; 789:8, 15; safeguard [2] 816:13; 817:6 safeguards [1] 817:9 Safety [1] 842:12 safety [3] 842:6, 11; 846:18 samples [6] 788:19; 789:4, 5; 791:14, 17, 21 San [11 675:17 Sansome [1] 675:16 SARFATT1 [93/ 681:18: 684:8; 695:21; 702:14, 17, 21; 703:2; 705:12; 708:3; 710:18, 22; 717:8; 718:4; 719:19: 720:7, 21; 722:5, 11: 726:12: 729:10; 730:20; 732:10; 733:4, 9. 12, 17, 19; 734:10: 735:15; 736:10; 737:14; 738:12; 739:21; 740:22; 741:8; 749:11; 763:7, 10, 15; 769:5; 771:2; 772:1; 773:8, 12; 774:10; 781:6; 788:10; 791:7; 792:11; sending [1] 845:19 747:12: 749:6; 752:19; source [10] 709:18; 711:14, 790:11, 22: 791:2, 3, 10, Senior [2] 780:18; 858:16 754:15: 756:9, 21; 757:9; 15, 16; 723:2; 728:9; 814:6; 14, 17; 792:9, 13; 794:2: sense [10] 728:11, 14; 762:8, 15, 17; 763:2: 764:4, 830:6; 836:9 796:2, 9, 21: 797:2, 14; 802:5; 819:6; 827:6, 12; 21; 765:15, 18; 767:11, 16, sources [9] 710:9, 12; 802:18; 805:11: 807:6; 828:9; 856:3; 868:18; 21; 768:8. 9, 12, 16, 22; 711:11, 18; 759:17; 807:9: 829:3, 15; 878:5, 9, 11; 874:20 769:13, 16; 770:16, 19, 808:7; 809:3; 830:19 879:15 sentence [14] 706:22; 707:8, 21, 22; 771:9, 10, 16, 19, South [3] 771:5, 9; 772:12 state [41 684:12; 785:12; 14, 22; 709:2; 820:20; 20, 21; 772:17; 773:18; spate [1] 730:6 796:7; 855:13 823:14, 20; 851:18; 852:2, 785:9, 13, 16, 20; 788:19; speak [7] 728:13: 762:10; stated [1] 702:13 11, 18; 853:2; 856:14 789:1, 10; 793:6, 9. 10, 14, 763:9; 774:3: 782:1; 843:11;' statement [5] 708:13; September [3] 692:13; 22; 794:3, 9, 19; 795:16, 869:2 709:15; 741:10; 849:12; 747:18; 834:13 22: 797:16; 800:8, 11; Speaking [1] 684:10 874:16 series [1] 732:6 801:3; 804:3; 805:16: speaking [2] 683:5; 750:2 statements [3] 708:17; serious [2] 679:17; 852:13 serve [3] 687:15; 794:13; 806:20; 807:10; 808:10; speaks {1J 798:5 733:6, 13 j817:1; 819:9; 824:5; 825:14, specific (19] 679:15; 681:19; States [1] 760:6 872:19 15, 20. 22; 826:5; 828:7; 682:9; 687:4, 20; 697:17; states [2] 699:12; 785:4 served [2] 694:6; 746:12 830:7; 833:21; 834:22; 709:18; 724:5: 730:11; stating [11 707:22 serves [2] 844:11; 859:3 835:10 732:16. 17; 740:2; 759:17; station [1] 762:20 service [8] 690:12; 691:6; Sites [1] 804:8 816:22; 817:2; 824:3; 846:9, \ sites [25] 684:1, 7, 10, 17; 800:14, 21; 829:9; 859:16; 867:14 status [5] 682:4; 696:7, 13; 840:17; 872:5 12. 16 j 685:2; 686:16; 690:14; Specifically [1] 724:8 statutes [3] 719:4; 736:18: services [1] 814:1 702:7; 707:16; 721:5, 7: specifically [7] 686:19: j 815:3 From reviewing to statutes WATER PCB-SD0000063832 3SA Depo of: WILLIAM B. PAPAGEORGE Monsanto v Aetna February 10, 1993 CR: 54388.0 Look-See (42) nav 121 718:22; 862:8 faying PI 746:6; 863:1 steady (If 851:5 steps 11] 752:10 Steve 14) 733:16; 765:7, 10; 838:5 Steven /1/ 675:4 STG [6j 747:19; 753:13; 766:4: 803:19: 848:22; 849:1 storage [1] 840:14 straight [1] 767:14 strain [1/ 786:8 strategies [lj 872:12 strategy [6] 870:5, 16; 871:1, 4, 18; 873:3 Street [3] 675:8, 16; 676:4 strike (21 726:19; 861:6 strong [31 796:20; 797:18; 798:1 stronger [1] 808:16 strongly [1[ 777:17 struck [21 778:17: 865:3 stuck [1! 744:6 studies [2! 759:10; 872:3 Stttdv 13] 817:21; 818:5, 9 study [12] 690:14; 752:13; 788:21; 843:21; 868:3, 6; 872:2: 875:7, 10, 13; 876:1, Styrene [17] 858:12; 859:1, 10: 861:13; 863:11; 865:18; 866:5. 19; 869:21; 871:2, 9, 10; 872:9, 14, 19, 22; 874:21 styrene [35] 751:1, 18; 752:11; 753:5: 754:16; 837:17; 855:20; 859:12, 14; 860:22; 861:4, 10, 14, 17, 18: 862:2, 3; 863:4, 7, 13, 17, 21; 864:10, 16, 17, 18; 867:20; 868:3, 10, 22; 869:12; 870:21; 872:8; 873:16: 874:10 Subdivision [1] 753:16 Subject [4] 760:22: 810:15, 19: 866:19 subject [221 681:19; 687:20; 696:13: 702:7; 706:6; 711:17: 723:22; 724:6; 725:7; 732:12, 15, 18; 775:10: 776:6; 793:5; 801:21: 811:16; 813:18; 832:11: 851:21; 863:15; 867:13 subjects [1] 682:9 submitted [2] 749:22; 855:21 subscribe 131 758:6; 760:11; 784:4 Subscribed [1! 877:12 subsequent [4] 793:22; 802:13. >4 Substance [If 688:1 substance [1] 841:16 Substances [1] 691:21 substances [2] 684:6; 757:9 substantial [11 722:3 suburb [II 785:7 succeeded [1] 754:4 success [1] 689:4 sudden [21 832:9; 833:10 sufficient [5] 702:18; 703:15: 705:10, 21: 706:15 sufficiently [1] 706:5 suggest [4/ 709:11; 827:15; 840:21; 849:13 suggesting [3] 737:7; 777.16: 778:20 suggests [11 713:12 suit [1] 879:6 Suite [1[ 675:7 summarize [1] 768:6 summarized [1] 777:20 summary [1] 708:1 Sunflower [1] 852:4 Superflmd [18] 745:15; 814:9; 817:14; 821:3; 823:16; 824:7, 12, 20; 825:2, 8; 834:13; 835:20; 836:1, 6, 11, 14, 18 superintendent [1] 805:7 SUPERIOR [1] 674:1 Superior [1] 878:8 superiors [1] 865:16 supervising [1] 805:7 supplied [2] 709:19; 738:1 supply [1] 737:20 support [2] 706:2; 728:14 supporting [3] 706:12; 737:3; 872:3 Surely [1] 735:22 SURETY [1] 674:10 surface [6] 790:18; 826:10, 11; 828:20; 830:11. 18 surprise [1] 732:11 surprised [3] 732:7; 736:8; 869:18 surprising [2[ 861:6, 8 surrounding [1] 826:1 suspected [1] 844:11 suspicion [1] 796:20 Sutcliffe [1] 675:14 Swan [2] 768:3, 4 switch [1] 754:3 switched [1] 838:3 sworn [2] 877:12; 878:15 system [1] 769:16 - T- T.C. [2] 743:3; 778:8 11008810 [11 834:12 table [4] 682:10; 683:11, 13; 828:16 tabulation [1] 806:6 tacky [1[ 827:3 takes [2] 824:6; 863:1 talk [41 706:7; 752:18; 864:15, 16 talked [10] 679:9; 711:10. 13; 727:5; 771:21; 775:21; 799:6; 809:11; 846:4; 864:17 talking [10] 697:14; 702:10; 712:15; 734:11; 765:11: 791:2; 840:21, 22: 844:2; 861:18 talks [11 856:14 tank [21 830:17; 840:12 tanks [71 793:19; 826:7: 828:18; 829:17, 18, 21; 830:6 tar [4] 793:16; 826:15; 827:1; 856:9 Tar-like [IJ 827:1 tarry [1] 827:2 tarry-looking [1] 826:14 tars [6] 751:1, 18; 752:11; 753:5; 754:16: 855:21 task [111 721:19; 794:14; 795:1; 818:14; 834:21; 835:6, 11, 16, 20; 836:17 TDWR [1J 760:22 Team [3] 817:21; 818:5, 9 team [4] 738:15, 19; 746:12; 774:17 teams [1/ 724:7 Technical [9] 859:1, 10; 861:13; 863:12; 865:18; 866:5; 871:10; 872:9; 874:21 742:4; 832:7; 870:8; 871:8 i unauthorized [1] 785:12 technology [2] 817:15, 17 telephone [21 738:3: 748:11 thrust [11 840:9 Thursday [1] 679:16 i underneath PI 826:18, 19 | understand [14] 679:7; telling [5] 726:1, 5; 727:17; times [41 681:1; 682:11; ! 689:6, 14; 699:1, 8; 702:12; 730:1; 737:16 tells [21 729:9; 872:22 874:22; 875:3 timing PI 788:16; 810:1 | 724:14; 762:1; 778:22; ! 807:13; 832:22; 837:5; ten (21 771:22; 772:17 title [4] 759:21; 831:19; 840:5; 858:17 tens [61 722:1, 18; 727:22; 836:8; 871:4 understanding [53] 699:18, 800:16: 801:3: 806:10 Tom [1] 858:16 20; 700:3, 5; 717:19; term [6] 758:20: 766:20; topic [61 746:4; 750:1. 3; 739:17; 741:11; 743:19; 768:4; 769:5; 807:22; 811:13; 863:2; 872:8 746:1; 749:7; 756:20; 842:10 total [41 702:2; 806:6; 766:17; 767:3; 789:7; termed [1] 694:14 871:21, 22 791:19; 793:8; 797:11; terminology [3] 771:8; totally [1] 865:3 805:17; 809:16; 812:22; 841:1; 842:10 Toth [18] 681:7, 10: 813:7, 13; 814:2, 4, 9, 10, terms [10] 702:7; 728:13; 695:20; 696:5; 699:13: 11; 819:17; 821:5; 824:22; 737:1: 806:18, 21; 808:4; 711:15; 712:19; 713:17; 825:1, 4, 12, 15, 19; 809:16: 833:16; 868:3; 714:2, 16; 831:8, 13, 16; 826:4; 828:18, 21; 829:6; 872:6 832:3, 6; 833:7, 8, 9 830:15, 18, 21; 831:20; tested [1] 791:20 touched [1] 679:9 832:15; 833:2, 3, 13, 15, testified [81 770:11; 789:21; town [1] 683:17 20; 840:8; 853:3; 869:5; 791:3; 813:17; 836:16; Toxic PI 688:1; 691:20 870:18 837:16; 875:17: 878:17 toxicity [1] 759:10 understood [9] 684:11, 16; testify [2] 874:14; 878:16 Toxicology [5] 866:20: 725:17; 736:16; 746:6; testimony [32] 705:14; 869:22; 871:2, 9; 875:8 769:3; 817:8, 12; 834:1 723:6: 726:13; 769:7; toxicology [4] 867:20; underwriter [1] 701:8 770:20; 771:14, 18; 772:11; 868:19, 22; 872:8 undetermined [1] 878:8 787:18, 21; 788:4: 789:5; trademark [1] 843:4 Unfortunately PI 783:22; 790:1: 791:8: 793:18; 796:8; traditionally [1] 709:4 838:2 798:5: 799:18: 802:5: training [3] 698:19; 764:18, unfortunately [1] 869:3 806:13; 809:15; 810:5: 19 uniquely [2] 797:5, 6 826:16; 828:10; 837:12, 15; transcribed [1] 878:19 unit [41 847:9, 10; 869:11 850:10: 873:18; 874:11; transcript [6] 771:7; 868:13: units [4] 724:7; 759:8; 877:5; 878:18, 877:2, 4; 878:18; 879:2 818:11, 13 21 transmittal [3] 713:16, 17; unquote [I] 844:8 testing [2] 792:9, 18 786:4 unspecified [11 783:21 Texas [881 686:19, 20; transpire PI 734:15; 735:1 unwanted [1] 820:15 687:2; 722:15; 735:6, 14; trapezoidal [1] 766:19 up-to-date [1] 684:16 742:6, 18; 743:3, 13, 22; travel P] 862:21; 866:2 update [1] 749:20 745:6, 18. 20; 746:2, 6, 7, TRAVELERS [1] 676:1 updated [1] 759:5 9, 10, 11; 747:1; 750:2; Travelers P] 674:18; 841:6 updates [1] 876:3 751:2, 7, 10, 13, 15, 20; trial [5] 733:8; 757:13, 16, upper [31 693:10; 804:11; 752:2. 5, 9, 15; 754:9, 15, 19; 878:9 853:15 16, 17. 22; 756:10, 21; triggered [1] 704:16 upshot [1] 706:13 757:1: 760:11; 766:12; trip [3] 744:7, 8; 773:20 useful [11 820:1 767:16, 19; trips [1] 793:21 users [1] 859:12 768:3. 8; 771:15; 772:14; 773:20; 774:7; 777:13, 21; Tromblee [4] 782:15: 811:22; 854:14, 16 i - V- 778:13: 779:6, 9; 780:7, 10, trouble [1] 785:9 13, 16: 784:4. 8, 17, 18, troubled [1] 779:19 . ! vague [13] 681:18; 684:8; 718:5; 719:19; 720:8; 722:5, 22; 785:20: 795:19; 797:13, trucked [1] 751:19 j 11; 739:21; 740:22; 741:8; 22: 799:6, 20: 800:21; True [1] 735:8 749:12: 825:17; 867:21 804:8; 805:8, 9. 14; 806:16; true [11] 711:5; 719:15; Vaguely [1] 811:15 812:1; 828:7; 834:13; 720:2; 730:22; 749:2; vagueness [3] 695:22; 835:21; 850:18; 851:9; 792:14; 830:9; 837:18; 705:13; 738:13 853:9; 857:5 852:10; 877:4; 879:1 valid PI 814:15; 822:16 Thank [3] 693:21; 786:9; truly P] 836:21; 837:1 validity [3] 684:14; 868:5; 796:13 trusted [1] 821:12 872:2 thank [21 703:11; 837:11 truth [3] 878:16, 17 varied P] 683:11; 775:4 there'll [1/ 766:18 tuned [1] 863:1 VC [lj 840:3 thereto [1] 879:1 twenty [1] 838:22 VCM [1] 856:9 thereupon [1] 878:17 twenty-five [I] 683:15 vein [1] 684:5 They 're [1/ 811:22 twice PI 683:12; 875:1 vertical [1] 767:14 they 're [1] 844:1 two-page [3] 712:3: 744:16; Vice-President [I] 858:16 thinking [4] 710:12; 748:8, 786:6 vice-president [1] 858:19 20; 807:4 two-year P] 875:7, 13 view PI 718:10; 816:7 third [41 683:3: 776:16; type P01 679:16; 691:22: viewed [1] 816:4 806:2; 839:22 708:1; 716:12; 721:13; Vinyl [1] 852:21 third-party [1] 697:10 728:14; 758:18, 20: 759:1; vinyl [44] 785:10; 837:17; Viomas [3] 675:8; 692:14; 778:18; 811:7; 815:11: 839:3, 5, 8, 9. 10, 12, 13, 694:7 816:22; 817:1; 820:5: 21; 840:4, 7, 10, 11, 17, thoughts [21 720:13: 791:9 833:15; 857:17; 859:9; 18; 841:1; 842:7, 11, 13, threatened [1] 723:13 | 867:5; 869:17 19; 843:4. 8, 19; 844:5, 11; three [9J 692:12; 776:8; types [5] 684:6; 758:14; 845:17; 846:18, 21; 847:2, 826:6; 827:16: 828:4, 16, 826:6; 828:3; 861:16 12, 16, 20, 22; 848:14; 22; 830:18; 847:8 typewriting [1] 878:20 850:7, 14, 16, 18; 851:5, three-page P] 703:8; 786:4 typewritten [1] 835:8 19; 852:6, 22 threw [1] 801:22 Throdaht [9/ 700:7; 712:18; - U- virtue P] 847:17; 853:15 visible [5] 826:10, 11; 713:20; 723:17; 741:19; un-Bates-stamped [1] 831:10 828:20; 830:4, 10 stay to visible WATER PCB-SD0000063833 BSA Depo of: WILLIAM B. PAPAGEORGE Monsanto v Aetna February 10, 1993 CR: 54388.0 visit [16] 748:11; 773:15, 19; 774:6: 790:5; 793:12, 13; 795:14, 18; 796:12; 797:13, 22; 798:10; 802:14, 16; 856:14 visited [31 773:17; 799:20; 857:9 visits [3] 793:22; 794:9: 802:13 VOLUME [11 674:15 volume [2] 778:16; 827:6 vs [1] 674:8 vulnerability [1] 813:22 whenever P] 680:11; 772:4 whereby [1] 743:21 Whereupon [1] 876:11 whichever [1] 689:22 Whittington [4] 744:17; 745:4, 7, 8 WHP [5] 838:1, 4, IS; 866:17, 18 wide [1] 683:12 Wiley [11 676:3 WILLIAM [3] 674:17; 877:1, 9 William p] 726:7; 744:17 820:20 Wye [33] 686:20; 687:3; 722:15; 735:6, 14; 742:6, 18; 743:3, 13, 22; 747:1; 750:2; 751:2, 7. 10, 13, 15, 20; 752:2, 6, 9; 771:15; 784:17; 785:1; 800:22; 828:7; 834:14; 835:22; 850:18; 851:9, 16; 852:12 -X- XC [3] 849:11, 13; 853:15 - W~ willing [1] 862:19 ~ Wilmington [1] 676:14 - Y- Waggoner [1) 873:5 wait [2] 702:14; 740:15 waived [I] 879:4 walked [1] 793:15 wall [13] 683:14; 763:5, 13, 16, 22; 764:1, 5, 6, 8; 768:13, 17, 19; 771:7 walls [1] 763:5 wanted [10] 691:11; 692:11; 696:17; 697:9; 698:6; 702-2 711:6; 738:10; 748:15 ' ' Withdraw P] 703:1, 3 I yard [1] 827:13 withdraw [I] 708:4 I Yeah [8] 719:14: 723:7; WITNESS [9] 675:3; 740:6; 764:7; 791:9; 801:5; 712:10; 716:2: 748:2; 777:<S; 865:14; 875:20 795:11; 837:5; 853:10; yeah P] 799:22; 864:4 877:1 year [10] 681:1; 687:4; Witness [34] 689:18; 697:7; 775:12, 14, 18; 776:17; 698:4: 701:2, 14; 703:13, 783:21; 791:16; 875:18, 21 16; 716:1; 741:16; 745:2; years [5] 681:5; 744:4; 747:21; 753:10; 760:18; 789:13; 838:22; 857:15 761:11; 776:22; 777:8; yesterday [3] 679:9; 692:9; warnings [2] 843:9; 848:8 Washington [7] 675:9; 676:5; 860:9; 865:13, 17; 872:20; 873:8 ' 780:20; 783:18; 804:4; | 810:20; 823:19; 831:5; 838:17; 841:11, 18; 844:18; 848:21; 849:2; 853:6; 858:4: 695:14 You'll [4] 699:12; 709:1; 750:5; 863:22 you'll [8] 699:7; 705:4; Waste PI 753:15; 804:8; 810:15, 19; 817:20; 818:5 9 866:21; 867:2; 868:1; 879:8 witness [9] 733:14; 741:17; 713:18; 714:10; 762:19; 803:13; 869:1; 871:5 You've [1] 688:10 waste [10] 719:11; 721:5; 734:8; 815:20; 818:2; 819:11; 822:1; 836:13 855:1; 857:20 744:15; 760:19; 876:10; 878:12, 14, 21; 879:3 won't PI 731:20; 770:13 wondering [1] 776:14 you've [6] 703:14; 716:5; 744:21; 747:22; 837:15; 858:8 yours P] 778:2, 6 wastes [5] 708:10; 743:3, 13; 816:21; 819:7 Wood [8] 856:15, 17, 19, 21, 22; 857:11 yourself [6] 705:20; 724:19; 731:4; 732:3; 761:6; 871:15 Water [4] 745:6, 20; 746:7 Woods [3] 857:3. 5, 8 805:15 word PO] 706:2; 718:11; water [16] 764:11, 14; 720:9; 729:8, 9, 10; 772:12; 767:9, 11; 768:2, 20; 797:4, 10; 799:8, 9; 816:5; 769:21; 770:1; 771:6; 772:8; 821:9; 823:21; 835:8; 861:3; 788:19; 790:6, 16, 18 862:18; 870:15, 19; 873:2 820:3 ' words [7] 738:15; 758:7; ways [1] 702:19 759:8: 796:7; 839:16; 867:6; We'll [3] 731:12; 768:5; 872:13 838:1 work [7] 783:8; 860:20; we'll PI 689:3; 866:17 862:16, 17, 18; 868:5 We're [3] 693:13; 710:19; worked [4] 687:22; 752:14; 787:15 809:9; 869:6 we're [9] 702:10; 726:9; working [4] 688:7; 754:20; 763:12; 770:22; 787:16: 787:3; 835:9 799:3; 852:2; 861:18; 876:7 workload [1] 860:21 We've [14] 693:16; 700:20 workplace P] 842:17; 701:16; 703:7; 712:2; 869:14 753:11; 766:1; 768:8; 777:1 world [5] 728:3, 12; 782:3; 783:19; 786:3; 817:12, 13; 866:12 810:12; 834:11 I Worldwide [1] 817:22 we've [9] 690:2; 727:6; worldwide P] 816:19; 817:5 767:19; 768:7; 771:21; worries P] 720:14, 18 781.-18; 782:4; 803:18 worry [6] 720:4, 9, 14, 19; 847:15 729:5, 7 weed P] 793:15; 827:20 Wouldn't p] 727:21; weeds [3] 826:20; 827:9, 18 863:11 weeks [If 876:8 wouldn't [8] 691:11; Weishaar [11] 689:12: 706:14; 707:4; 710:17; 691:5; 747:5, 7, 9, 18; 711:6; 729:4; 822:4; 861:12 748:5, IS; 750:7, 16; wound [1] 747:1 818:12 wrap [1] 837:13 well-known [1] 864:13 write P] 699:9; 727:14 Weren't [1] 729:17 writes [2] 832:6; 833:9 : weren't [7] 721:3; 722:22 728:8; 730:2, 3; 736:14; writing [3] 738:2; 777:22; \ 858:22 862:15 written [6] 707:4; 788:13: i west [4] 763:5: 764:5 9 810:17, 18; 849:21; 853:15 I 768:19 ' wrong [5] 788:13; 794:17; I whatsoever [1] 863:9 Whenever [1] 867:1 812:8; 824:22; 868:12 wrote [3] 693:3; 706:18; | Look-See(43) From visit to yourself Deposition, ot WILLIAM B. PAt'AGAUKCfci, y -- lu irepruary i^^j. Page Line 7 To/ 2- CORRECTIONS TO DEPOSITION Correction: 1 do*'] mind bcirUj called Ha tty. 4^ pts , rea f Icj: tnr, boh'd ouisie. Qnd ouairr/ a*i<d 3<? 0*1 . ToL 512. '3 plant- manager* u net hi-5 ** cegptnne e. of- +ha Uia^e* t /'/ <7<7t/ m i dossier. X atarx^'h rcccxll eaer hAu,n^q f^ped li$i +b<\j* 528 *bp&c.i ti'c `bo'bfcc.t , 6</^ ^ou o bed He. word `'c&n-Umfi latcct * -Hre~ 511 is ~Tkc*- 4-tjpc* whtre. CL> material from thon64d4v, eocld /><=>_ 553 11 Cornet uthich nouj, And afkr p<r ^ornuncj ,-/j -funoinm <=mol <5 59 z. (qle**, <e? ^9r. Wieure,, "There. ut/gre*------- 51 8 9 5^8 [U (p$o Z2- 1*5+ L> 3 la G 1 18 1 n YYiedical 4v'f.icih^ $4-udies t +hc biode^radahttto `$4-c'diesJ T Aamt dmew X yyionioned i4-* X u^<t6 Wtof i 4* X 5 (Sife^kct -Hi e name. PeUr Ber-lead ? Goulet dll X. can recall <*/a$ tThbb 5 r i m nr) uu4 6 inuoll><d Qrramtje -Cor +hc. I'-e.i/ieuJ, X doyj't ire member i-p t bi/t the re. a^ahn , X *n Ay 1*7o 5 X-f- tuab , i f arose. more Ph<tn once.. UK n X do~ni b+u)t4J houj to oL-gscn be- , describe^ i j- at 704 izl 7 9 (4pr\[ 5, ft)r. Boe^ch u/ab +he. Sbneral WlayiAefCn cf ^ourbe , X uua s a.u*are. ot Hie SA* 1* ^ interest /n +he. site. 19 + 12. 5 X" do Oof rgnnembcr "^hii artici-e. Th4 X d<hn'4~ recall . 7E A4niur +^a4 wat> one cf ?G3 nz >+ G i Ol)t X dayx'-h idmaiAj fMa (- X would <ca 1 j if- (o^tca/ 'i-hts i* 4erm$ o{ 'l^olu's results Qnd fthruzania's opinion cf t'he^ WATER PCB-SD0000063835