Document rBx0166LR6gdvE5L36GrgKdy0

1 IN THE UNITED STATES DISTRICT COURT 2 NORTHERN DISTRICT OF ALABAMA 3 SOUTHERN DIVISION 4 5 ANTCNIA TOLBERT, et al., ) 6 Plaintiff, ) 7 -vs- )Case 01-C-1407-S B MONSANTO COMPANY, PHARMACIA, INC., and 9 SGLOTIA, INC., 1U Defendant. ) ) ) ) ) 11 12 13 STIPULATIONS 14 IT IS STIPULATED AND AGREED, by and between 15 the parties through their respective counsel that 16 the deposition of RCBERT G. KAIEY may be taken on 17 behalf of the Plaintiff at 400 20th Street North, IB The Clark Building, Birmingham, Alabama, at 19 1:30 p.m., Wednesday, July 30, 2003, before Michele 20 H. Bailey, Court Reporter and Notary Public for the 21 State of Alabama at Large. 22 23 1 1 IT IS FURTHER STIPULATED AND AGREED that the ' 2 signature to and the reading of the deposition by 3 the witness is not waived, the deposition to have 4 the same force and effect as if full compliance had 5 been had with all laws and rules of Court relating 6 to the taking of depositions. 7 IT IS EURTHER STIPULATED AND AGREED that it 8 shall not be necessary for any objections to be .made 9 by counsel to any questions, except as to form or 10 leading questions, and that counsel for the parties 11 may make objections and assign grounds at the time 12 of trial, or at the time said deposition is offered 13 in evidence, or prior thereto. 14 IT IS FURTHER STIPULATED AND AGREED that 15 notice of filing of the deposition by the reporter 16 is waived. 17 IB 19 20 21 22 23 2 i APPEARANCES 2 3 For the Plaintiff: 4 Shelby, Roden & Cartee 5 BY: ROBERT B. RODEN 6 2956 Rhodes Circle 7 Birmingham, Alabama 35205 8 9 For the Defendants: 1U Lightfoot, Franklin, White & Lucas 11 BY: KEVIN E. CLARK 12 400 20th Street North 13 The Clark Building 14 Birmingham, Alabama 35203 13 16 17 IB 19 20 21 22 23 1 INDEX 2 3 EXAMINATION BY: 4 5 Mr. Roden 6 7 EXHIBITS:. B Description 9 Pltf. 1 10 Pltf. 2 11 Pltf. 3 12 13 14 15 16 17 18 19 20 21 22 23 Deposition Notice Lawsuit Map 3 Page: 5-57 Page: 6 7 10 4 ' WATER PCB-SD0000008341 1 I, Michele H. Bailey, a Court Reporter of 2 Birmingham, Alabama, acting as Commissioner, certify 3 that on this date, as provided by Rule 30 of the 4 Alabama Rules of Civil Procedure and the foregoing 5 stipulations of counsel, there cane before me in 6 Birmingham, Alabama, Wednesday, July 30, 2003, 7 1:30p.m., ROBERT G. KAIEY, called as a witness on 8 behalf of the Plaintiff, for oral examination, 9 whereupon the following proceedings were had: 10 ROBERT G. KALEY, 11 having been first duly sworn, was examined and 12 testified as follows: 13 THE COURT REPORTER: Usual stipulations? 14 MR. ROM: Yes. 15 MR. CLARK: He would like to read and sign 16 if he hasn't already communicated that to you. 17 EXAMINATION BY MR. RODEN: 18 Q Okay. Dr. Kaley, I guess we can just 19 assume this is just another deposition that we want 20 to continue it -- do we want to make it a 21 continuation of the last one or just make it 22 separate? 23 MR. CLARK: No, and let me say this for 1 notice is my knowledge of those issues, yes. 2 Q And I guess I will mark for identification 3 the lawsuit that has been filed which is Exhibit 2. 4 Are you familiar with that? 5 (Plaintiff's Exhibit No. 2 was 6 marked for identification.) 7 A I'm familiar that the suit exists. I'm 8 not necessarily familiar with the content. 9 Q Did you provide any information to counsel 10 for preparing that lawsuit? 11 A I answered some questions as they were in 12 the process of preparing that, yes. 13 Q Okay. Now, have you been involved with 14 the sampling of various areas around the Monsanto 15 plant in the last several years? 16 A Not actively. I'm aware of what has been 17 done, yes. 18 Q You have been given the results of that 19 sampling? 20 A I would say for most of them, yes. 21 Q Are you familiar with the location of the 22 various foundries named in this lawsuit? 23 A Only in the most general terms. _______________________________________________________ 1__ 1 the record. This is -- we are putting up Dr. Kaley 2 as a rule 30(b)(6) witness on subjects identified in 3 one D and one E of the plaintiff's 30(b)(6) 4 deposition notice. And we would object to any 5 questions beyond the scope of those two subsections 6 and will raise objections at the appropriate time 7 as well. 8 Q Let me ask -- I guess, let me go ahead and 9 mark that then. Let's mark this then, the notice of 10 deposition. 11 (Plaintiff's Exhibit No. 1 was 12 marked for identification.) 13 Q All right. Dr. Kaley, I'm going to show 14 you the 30(b)(5) and (6) deposition. As I 15 understand, you are being presented to us on the 16 issues in this notice of D and E of that notice. Is 17 that your understanding? 18 A That is my understanding. 19 Q And it's -- the notice involves the action 20 that has been brought by Solutia and Pharmacia 21 against several foundries. Do you understand that 22 to be the case? . 23 A I understand that the subject of this 6 1 Q Okay. Do you have any knowledge 2 concerning any testing that has been done in and 3 around any of these facilities, these foundries? 4 A No, I do not. ' 5 Q Who would have that information? 6 A Craig Branchfield, if it exists. 7 Q Who would be the one who had done any 8 sampling, if there was any done, around these 9 foundries? ID A Well, if it were done at the direction of 11 Solutia, it would have been done under Mr, 12 Branchfield's management. I don't -- you know, I 13 don't know who would have actually done the 14 sampling. It would have been a contractor to 15 Solutia under Mr. Branchfield's management. 16 Q So you don't have any knowledge as to 17 whether it would have been, for instance, Mike Price 18 or anyone else? 19 A Not specifically, no. 20 Q Okay. What information do you have 21 concerning the foundries and the contribution that 22 these foundries played on any PCB contamination in 23 Snow Creek? 8 WATER PCB-SD0000008342 1 A I mean, all I know is as we have thought 2 about those issues over the past "x" nunfoer of 3 years, ten years or so, I mean, those issues have 4 come up as to whether the foundries could have 5 contributed to that. I have no specific knowledge 6 whatsoever. 7 Q Well, let me ask this: Are you familiar 8 with the waste water outfalls from the Monsanto - 9 the old Monsanto facility? 10 A In general, yes. Not in excruciating 11 detail. 12 Q Can you give me seme general -- your 13 general knowledge as to the location of the waste 14 outfalls as it would relate to Snow Creek, for 15 instance? 16 A Well, my knowledge would be that there 11 were no, quote, waste outfalls that went to Snow 18 Creek. There were stormwater discharges that 19 ultimately made their way to Snow Creek. 20 Q All right. Where would the stormwater 21 discharges be located? 22 A Well, there was -- there's two or three on 23 the north side of the plant which I believe carried _______________________________________________________ 9_ 1 Q Okay. 2 A This is a map of basically our plant site 3 and the surrounding areas. It was really prepared 4 to describe what are called areas of concern in some 5 of the work we were doing for ADEM. I don't know 6 what the date on this map is, 1999. So these were 7 basically addressing consent decrees that we ~ work 8 we had done on ADD!, but with the top of the map 9 being north, the south landfill is the area south of 10 what's marked as Highway 202. 11 Q Can we put a -- is it marked south 12 landfill? 13 A Well, no, it's marked SWMU and something I 14 can't even read, so... 15 Q All right. Can I just put an "s" here for 16 south landfill? 17 A Sure. 18 Q Okay. 19 A So the southlandfillbasically -- you 20 want the current discharge system or the fonner 21 discharge system? 22 Q No, the former. 23 A This reflectsunfortunately the situation ______________________n_ 1 waste water frem the north side of the plant and 2 ultimately from the West End landfill. And there 3 was a discharge on the east side of the plant which 4 was our primary plant stormwater discharge that went 5 through a series of drainage ditches to what is now 6 lovingly called the 11th Street ditch and then to 7 Snow Creek. And then there was seme surface water 8 drainage frem the south landfill which eventually 9 crossed -- well, Highway 202 once it existed and 10 also made its way to Snow Creek. 11 Q Okay. Let me show you,if I might -- are 12 you familiar with Golder Associates? 13 A Yes, I am. 14 Q Thisis a map, if youwill, that as I 15 understand was prepared by that Golder that I will 16 mark and we will copy later as Exhibit 3, if I can, 17 just so I can get an idea or at least you can give IB me your general idea of where the stormwater 19 discharges would have been located in reference to 20 this map, if you can. Do you recognize this map? 21 A Yes, I do. 22 (Plaintiff's Exhibit No. 3 was 23 marked for identification.) 10 1 after the extensive remediation we did in 1996 and 2 '97, but in this area marked AICD on the north and, 3 well, the top right of the map, there were two 4 residential neighborhoods through which a couple 5 stormwater ditches ran. The south landfill 6 discharge that I spoke about ran under Highway 202 7 to a ditch which ran behind what was Morris Hill B Missionary Baptist Church and then into the area 9 that's marked ALCD on this map. It was joined in 10 areas in a big tract of land owned by Monsanto by 11 another ditch which left our Monsanto plant in about 12 the center of the map. This was known as discharge 13 point 001 in our waste water permit. Those waters 14 flowed through, as I said, Monsanto-owned 15 properties, joined the ditch which was draining the 16 West End landfill. 17 Q Which is the 11th Street ditch? 18 A I mean, the south landfill. No, we are 19 still in the Monsanto-owned property. We are still 20 south of Bethel Missionary Baptist Church. 21 Q Okay. 22 A That material or that creek then left 23 Monsanto property after about -- well, ran behind 12 WATER PCB-SD0000008343 1 and under seme of the property of Bethel Missionary 2 Baptist Church, under West 10th Street, under some 3 railroad tracks, and then joined the 11th Street 4 ditch. 5 Q The 11th Street ditch, is that also 6 adjacent to the Miller property, they call it, I 7 believe? B A Well, it's on the other side of the 9 railroad tracks frem it. Really, I wouldn't call it 10 adjacent to it. It's really -- well, it's north of 11 it. It does run along the north side of that after 12 -- on the other side of the railroad tracks. 13 Q And prior to entering thedischarge, 14 discharge 001, was there a limestone pit? 15 A During part -- you know, certainly during 16 the operation of -- if we are talking about when 17 PCBs were being manufactured there. 18 Q Right. 19 A Yes, there was. 20 Q Okay. And that waslocated on the -- 21 A Well, it was just west of that 001 22 discharge. It would have been on the east side of 23 the Monsanto facility. _____________________________________________________ 1_3_ 1 Q And then where was the other stormwater 2 discharge? 3 A The other discharges are on the top left 4 center of the map. There is labeling here, old 5 limestone bed. That would have been part of that 6 stormwater discharge system, and there were several 7 discharge points along here which discharged into 8 the west side of -- or the west end of the 11th 9 Street ditch. 10 Q Okay. And was any of the discharges going 11 through the -- is that -- would that be discharge 12 002 or is it -- 13 A You know, I don't know. My recollection 14 is it's like, 04, 05, and 06. 15 Q Okay. 16 A But that's just my recollection. Craig 17 would be much more -- Mr. Branchfield would be much 18 more knowledgeable about those nunbers. 19 Q But whatever that -- I don't know what we 20 would call it. The discharge to the old limestone 21 pit, did that discharge include any PCB material? 22 A No, it did not. 23 Q What materials did that include? 14 1 A My recollection and understanding is that 2 was from the old parathion manufacturing process. 3 Q Okay. So the discharge 001 that 4 ultimately went into the Monsanto property and into 5 the 11th Street ditch, did it eventually -- did the 6 11th Street ditch eventually converge into Snow 7 Creek? eA Yes, that's correct. 9 Q Okay. Now, just in point of reference, 10 once it reached the 11th Street ditch, would east of 11 that ditch be considered downstream? 12 A Yes. 13 Q All right. Does the ditch -- is there -- 14 does the ditch also go west? 15 A Yes. 16 Q All right. And would that be considered 17 upstream? 18 A Yes, that's right. 19 Q Okay. 20 A It goes west up to the point where our ~ 21 what we just talked about, what I think are 4, 5, 22 and 6 discharge points and then actually further 23 west even than that into a very highly formally __________________________________________________ 1_^_ 1 industrialized area. 2 Q Okay. Can you tell me basically -- that's 3 what I was -- I'm trying to get a relationship as to 4 what -- if you can tell me generally speaking where 5 any of these foundries, and I think there's 20 in 6 number, where they would be located in relation to 7 what I will call the upstream from the 405 or 8 whatever that discharge point was. 9 A Yeah, 4, 5, and 6. Well, there are 10 actually three of them, 4, 5, and 6. Well, my 11 understanding with at least same of those foundries 12 and operations are in what is basically the upper 13 left comer of this map or the northwest section of 14 this map. 15 Q You said the majority of than are? 16 A Well, seme of them are. I don't -- I 17 haven't counted. I don't know what the 20 -- I 18 frankly don't know what the 20 facilities are and I 19 don't know where the individual ones are listed. I 20 know that sane of them are up in that northwest 21 quadrant. 22 Q Can you be specific as to which ones those 23 are? 16 WATER PCB-SD0000008344 1 A I know EMC is up there, if that is one of 2 the defendants. I know that Huron Valley Steel, I 3 believe, is up there, if that is one of the 4 defendants. And I think Union Foundry is up there 5 if that is one of the defendants. Those are the 6 ones that I can think that are still operating. As 7 far as the ones that aren't still operating, I don't 8 know. 9 MR. CLARK: Bobby, let me break in here 10 real quick. I don't know how this relates to the 11 two subjects that he is going to testify on, 12 Monsanto's knowledge of the persistence of PCBs in 13 the environment and Monsanto's efforts to minimize 14 the risk PCBs could have on the environment. I 15 don't think discussions about the foundries fall 16 within that. That's probably something that was 17 either covered or should have been covered by Mr. 18 Branchfield. 19 MR. RODEN: Well, I mean, I agree that -- 20 I will say this. D and E are very general, so I 21 don't know, but, obviously, this notice has to do 22 with factual allegations concerning the lawsuit 23 filed by Solutia against McWane and others, and I'm _____________________________________________________ n_ 1 know where the McWane Union Foundry facility is 2 located? 3 A I know vaguely that it is located north 4 and west of our existing facility, but I have no -- 5 I couldn't give you an address. I couldn't drive 6 you to Anniston and put you on that property. 7 Q According to the complaint, it's at 1501 B West 17th Street. 9 A Okay. 10 Q Now, what I'm trying to determine is: Is 11 that facility located upstream or downstream from 12 the discharge area of the -- what I will call the 4, 13 5, and 6 discharge? 14 MR. CLARK: You are asking him for his 15 opinion not for his testimony as a Rule 30(b)(6) 16 rep? 17 MR. RODEN: Well, I'm asking whatever he 18 knows. I mean, I don't know how you can 19 differentiate the two. 20 MR. CIARK: I am having a hard time 21 fitting your line of questioning into these two 22 areas. That's what I'm struggling with. I mean, if 23 you know, you can -- ______________________n_ 1 trying to see what he does know about it. 2 MR. CLARK: Okay. Well, I will let you go 3 a little while. 4 MR. RODEN: And I don't know what he does 5 know and I am trying to - 6 MR. CLARK: We are only putting him up for 7 D and E. That's my concern is that you are covering 8 areas that technically go outside the scope of that. 9 MR. RODEN: Well, but D and E would 10 include the persistence of PCBs in the environment 11 which, I guess, would include anybody in addition to 12 Monsanto who put it there. 13 MR. CLARK: I don't know about that. 14 MR. RODEN: Well, that's - 15 MR. CLARK: I will let you ask seme more 16 questions, but just keep that in mind. 17 Q Well, Dr. Kaley, the lawsuit alleges that 18 there was foundry sand, fluff, and other waste fill 19 material that was put into the West Anniston area by 20 various foundries, and I'm trying to find out what 21 you know as a representative of Solutia concerning 22 those allegations concerning these specific 23 foundries, if anything. And, for instance, do you 18 1 A I do not know specifically where Union 2 Foundry, any discharge from Union Foundry into the 3 11th Street ditch would occur with regard to those 4 three particular discharge points. 5 Q Whether it's downstream or upstream? 6 A Of those three particular discharge 7 points, that's correct, I do not know that. 8 Q What about the discharge pint of 001, 9 same question? 10 A That would be upstream of that discharge 11 pint. It would be discharged -- clearly upstream 12 of the pint at which the ditches gaining the 001 13 discharge ultimately merged with the 11th Street 14 ditch. 15 Q All right. Okay. What about Walker 16 Industries? 17 A I do not know. 18 Q U.S. Pip and Foundry? 19 A I believe U. S. Pip and Foundry is down 20 south of Anniston, and I believe -- I don't think it 21 discharged into the 1th Street ditch at all, at 22 least the facility that I'm aware of. 23 MR. CLARK: Bobby, let's move to another 20 WATER PCB-SD0000008345 1 line of inquiry here. I just don't think this is 2 within the scope of D and E. And I think you would 3 agree with me this is questioning that could have 4 been asked of Mr. Branchfield and probably was asked 5 for all I know, 6 Q Well, all right. What then -- there 7 obviously has been found PCBs in the environment in 8 West Anniston; correct? 9 A In sane places, yes. 10 Q Okay. And does the PCBs that are found -- 11 when we say in the environment, we mean the various 12 water tributaries, right, and in the soil? What 13 areas of the environment have PCBs been found? Let H me ask you that. 15 A Well, they have been found in sediments in 16 various ditches and in sane places in Snow Creek, 17 and they have been found in soils in sane IB residential properties. 19 Q Okay. And do you have any information 20 that you can give me as to whether or not the PCBs, 21 the persistence of PCBs in the sediments in Snow 22 Creek and in the soils of some residential 23 properties came -- where those came fron? 2_1_ 1 for instance, zone three or north of zone three? 2 A As I sit here today, I can't specifically 3 say whether they have or have not. 4 Q Okay. All right. 5 A I mean, I'm sure that information exists 6 and Mr. Branchfield has it, but I don't know 7 specifically if there are properties outside that 8 zone to the north that have PCBs on them or not. 9 Q Are you familiar -- during the process of 10 litigation, have you becane familiar with the 11 residence of Flora Reed? 12 A I am sure I have seen her address and 13 maybe even seen it described at times, but I 14 couldn't point it to you at a map. It's not 15 something I have knowledge of, no. 16 Q The way I have analyzed this zone three, 17 she is outside of zone three. 18 A Okay. I will be willing to take your word 19 for that. 20 Q She has -- there has been PCBs found in 21 her soil. 22 A Okay. I will take your word for that. 23 QAnd she is in -- she is up above the flood _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ ;_ _ _ _ _ _ _ _ _ _ _ _ 2j_ 1 A Sane of them, I'm sure, came from the 2 Monsanto facility. Sane of them, I'm sure, did not 3 cane fran the Monsanto facility. 4 Q Do you have any knowledge or any way to 5 quantify that? 6 A None whatsoever. 7 Q Okay. Now, when we last talked, we talked 8 about the consent decree and the various zones that 9 the consent decree would cover. 10 A I recall that, yes. 11 Q Okay. And I think we talked about the 12 fact that those zones are mainly confined to the 13 flood planes in the area of West Anniston. 14 A Well, yeah, that is generally correct, 15 yes. 16 Q Okay. And, for instance, if the -- and we 17 have got the map concerning the various levels which 18 I believe was marked Exhibit 1 to your last 19 deposition. 20 A Okay. 21 Q And with respect to the persistence of 22 PCBs in the West Anniston area, have you found in 23 your experience that PCBs, in fact, exist outside, 22 1 plane. 2 A Okay. 3 Q And there has been PCBs found in tree bark 4 by our experts. 5 MR. CLARK: Object to the form. 6 Q Would her property, if it is outside zone 7 three, be part of the consent decree? 8 A If it is outside zone three, my 9 understanding would be that it would not be sampled 10 under the consent agreement. 11 Q Okay. Have you been -- during your 12 tenure, have you actually done any review of the 13 various soil samples that have been taken on the 14 various properties? 15 A Only in the most cursory manner. 16 Q Okay. Again, is that something that 17 Mr. Branchfield would have done? 18 A Yes. 19 Q Okay. What efforts can you tell me you 20 are personally familiar with that Monsanto has done 21 to minimize the risk that PCBs could have on the 22 environment as -- which is, I think, part E of this 23 notice? 24 WATER PCB-SD0000008346 1 A Well, where do you want me tostart? 2 Q In the beginning. 3 A When do you want me to stop? 4 Q In the beginning. 5 A Well, basically in 1966 Monsanto and 6 others became aware of the presence of PCBs in the 7 environment. At that time Monsanto began an effort 8 to, number one, understand the detection and 9 presence of PCBs in the environment, to understand 10 the efforts to -- of how they could have gotten 11 there, why they were being found there, and that 12 effort continued for basically 10 or 15 years 13 subsequent to that time in great detail. 14 I think Monsanto undertook efforts at its 15 plants to see if PCBs were being discharged, to see 16 eliminate those discharges to the best of their 17 ability, many details along that range. IB They also undertook research programs to 19 understand the biodegradability of PCBs, the 20 accumulation of PCBs in animal tissues, to 21 understand how PCB moved in soils and in water, a 22 large area of research there. They also undertook 23 efforts to, on a corporate basis, to eliminate uses _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ 2_5_ 1 least fran '66 to '73, this is something you have 2 learned through, I guess, reading documents and 3 being told? 4 A Yes, that's correct. 5 Q And when you came on board, who was one of 6 the people that may have been the one that gave you 7 this information? 8 A Well, I mean, I cane on board into a group 9 that was doing a lot of the PCB analysis. So 10 certainly my supervisor Scott Tucker, Dr. Paper -- 11 not Dr., I guess Mr. Papageorge, I guess, would have 12 been the primary two sources. 13 Q Did you work with Jim Bryant? 14 A Jim Bryant? I know who Jim Bryantis. I 15 probably did analysis. He was actually in the 16 product research group where I was in the analytical 17 service group, but, you know, I'm sure -- I mean, I 18 know Jim, and I'm sure I did sarrples that he 19 generated in his laboratory work at sane point or 20 another, but I was never in the same working group 21 with him. 22 Q He wasn't ever any kind of supervisor over 23 you? _________________________________ 2J_ 1 of PCBs. They looked at the use patterns of PCBs 2 and undertook efforts to establish rules around the 3 uses of PCBs so that what were called open uses were 4 eliminated to, again, keep PCBs fran being released 5 into the environment as much as possible. Undertook 6 efforts with customers to handle PCBs appropriately. 7 Undertook product research to cane up with 8 substitutes for PCBs and, in fact, did cane up with 9 sane that eventually were not financially or were ID not successes caimercially, but we did have 11 substitutes for some PCB products. We actually 12 designed a PCB product which was meant to be more 13 environmentally corrpatible by removing the higher 14 chlorinated PCBs. 15 And within that milieu of efforts, I mean, 16 there's tons of detail which I can go into however 17 you want to, but that's basically, you know, in that 18 first 10 or 15 years the efforts we undertook to 19 minimize those risks. 20 Q You came on board with Monsanto in what 21 year? 22 A 1973. 23 Q And so all this that you have talked -- at 26 1 A No. 2 Q Prior to '66, though, there were -- were 3 there means and methods to prevent the PCBs from 4 getting into the environment? 5 A Well, I mean, I'm sure there were things 6 that had we known they were getting into the 7 environment and had we had understanding that in 8 retrospect we could have done, but the fact was that 9 the means to measure the PCBs in the environment 10 were not in place so that there was no -- you know, 11 there was no signal that that issue existed. 12 Q Would that also include air emissions? 13 A It would especially include air emissions. 14 Those methods are, I would say, in the developmental 15 stage even as we speak today. 16 Q So there was no way to measure air 17 emissions in the late sixties? 18 A No, I didn't say that, but the methods 19 were very crude. 20 Q Okay. 21 A And they would only have measured very 22 high levels. 23 Q Okay. As a matter of fact, weren't they 28 WATER PCB-SD0000008347 1 being measured at the other facility which was 2 where? Where was the other PCB facility? 3 A Besides Anniston? 4 Q Right. 5 A Sauget, Illinois. 6 Q Right. 7 A I'm not aware that they were. 8 Q You are not. Okay. You have never seen 9 anything concerning that? 10 A Not that I recall. 11 Q Okay. So you are saying thatin 1966 12 there was an undertaking made then to reduce the 13 amount of PCBs going into the environment? 14 A Well, in 1966 late, I think, December of 15 1966, the first publication or really it was a 16 little news blurb in a kind of a popular science 17 magazine appeared. 18 Q Right. 19 A We at that point beganefforts to 20 understand the situation and gear up. It was really 21 probably '68 or '69 before we really began to take 22 specific efforts at Anniston or Sauget to minimize 23 those discharges, but there was -- you know, there ______________________________ 2J_ 1 testimony, I believe you said that you felt like the 2 foundries in Anniston were using aroclor 1268 in 3 their processes? 4 A I don't know whether I said that. I 5 believe what I may have said and certainly what I 6 would say is that in many of the samples where 7 aroclor 1268 has been detected as a major or the 8 predominant aroclor product in those samples, it 9 appears to be associated with foundry sand. 10 Q Explain that to me. What do you mean? 11 You are saying that in the sanples that you are 12 aware of where the 268 is found there has also been 13 some evidence of foundry sand and other materials? 14 A Well, I nean, you know, Craig has 15 described the difference in his view of between what 16 looks like foundry sand and what looks like regular 17 soil. And in those sanples that looked like foundry 18 sand in many of those samples, aroclor 1268 was 19 there at higher levels proportionally than it would 20 be in the sanples of, quote, normal soil. 21 Q Can you tell me -- do you have any 22 information as to what, for instance, McWane Union 23 Foundry would have used in their facility? _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ 3_1_ 1 was certainly an active period of learning before 2 that to understand what the situation really was and 3 to develop the methods to measure the PCBs that were 4 being discharged, if they were. 5 Q Now, what -- and I know I have probably 6 asked you this before, and I apologize, but what 7 specific PCB products, aroclor products, were being 8 manufactured at the Anniston facility? 9 A I mean, essentially all of them were. I 10 can list the numbers, if you want me to do that. 11 Q Yeah, would you. 12 A All right. I believe at Anniston aroclor 13 1221, 1242, 1248, 1254, 1260, probably 1262, and 14 1268 were being manufactured at Anniston. I don't 15 know about aroclor 1232. It was a blended material. 16 I don't know whether that blending occurred at 17 Anniston or not. And 1016 was not manufactured at 18 Anniston. 19 Q Okay. Now, the various plants, the 20 facilities, the unions that have been sued in this 21 case - 22 A Yes. 23 Q -- as I understand from your prior 30 1 A No, I do not. 2 Q Who could tell me that with Solutia or 3 Monsanto? 4 A Well, I would assume that if any knows 5 that, Craig does. I don't, you know. 6 Q All right. So is the basis, and I guess 7 we can pull it, but the basis for your belief that 8 the foundries in Anniston were using aroclor 1268 is 9 based on the fact that you have been told at least 10 to sane extent that the 1268 is found predominantly 11 along with the foundry sand? 12 A If I said that itwas being used, that 13 would be -- 14 Q Okay. 15 A -- butwhether it'sbeing used 16 specifically or whether that association is as a 17 result of something other than direct use, I'm not 18 sure I know that. But what we discussed before and 19 your final conclusion is true. Yes, it is basically 20 on sanples where I have looked at the results and 21 have been told essentially what the nature of the 22 sample was for those results. That's the basis of 23 my statement whatever it was. 32 WATER PCB-SD0000008348 1 Q Now, other than these, I think you said at 2 least based on your knowledge of the area that the 3 Huron Valley Steel Corporation,the EMC Corporation, 4 and the Onion Foundry inyour mind were all upstream 5 from the discharge -6 MR. CLARK: Object to the form of the 7 question. 8 Q -- from the 11th Street ditch; right? 9 MR. CLARK: Object on the basis it's 10 outside the scope of the 30(b) (6) deposition notice. 11 A Yes. 12 Q Okay. Are there any others that's listed 13 on here that you can just tell me just so I will 14 know which ones to your knowledge are upstream? 15 MR. CLARK: Repeat the objection on the 16 basis that the line of inquiry is outside the scope 17 of the 30(b) (6) deposition notice. 18 A There are none others on there that I can 19 testify would be upstream. I don't know. 20 Q Okay. Now, just to be sure, and I assume, 21 Kevin, that a lot of this was covered with 22 Mr. Branchfield, I was there, but I don't remember 23 some of this stuff being covered, but let me just 33 1 ask him this: Is there anything that you know, Dr. 2 Kaley, that -- do you have any information frcm your 3 work with Solutia that would be concerning the 4 allegation that many other sources of PCB 5 contamination exist frcm parties using products 6 containing PCBs? ' 7 MR. CLARK: Object to the form. 8 Q Is there anything you know personally that 9 would -- that you could provide me about that 10 particular allegation? 11 MR. CLARK: Objection to the question on 12 the basis it's outside of D and E of the deposition 13 notice. If you want to answer, you can. 14 A I guess I would need seme definition. Are 15 you talking about in Anniston specifically - 16 Q Yeah, in Anniston. 17 A -- with regard to the defendants in that 18 action? 19 Q Right. 20 A I have no specific knowledge. 21 Q Okay. Do you have any knowledge 22 concerning the agreements which Solutia has with, 23 indemnity agreements, with Monsanto which is now 34 1 Pharmacia? 2 MR. CLARK: I object to the line of 3 questioning as being outside of the deposition. And 4 I would not answer that. 5 MR. RODEN: Well, it is inside the 6 deposition. 7 MR. CLARK: Well, it's outside the two 8 areas of testimony for which we are putting him up 9 as a 30(b)(6) witness. 10 MR. RODEN: Well, here is my problem, 11 Kevin. I understand what you are saying, but I want 12 to be sure he doesn't -- I don't know if Mr. -- I 13 don't remember Mr. Branchfield being asked that. If 14 he was asked that and he said he doesn't know and if 15 Dr. Kaley doesn't know, then the person that knows 16 that wasn't produced. Do you see what I am saying? 17 If he doesn't know, that's fine. 18 MR. CLARK: I am just saying is my 19 recollection is you probably had an opportunity to 20 ask that question and didn't. I will let him answer 21 this question, but I won't let him delve further 22 into this testimony. 23 Q Do you remember the question? _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ 3_5_ 1 A I have no specific knowledge of the 2 indemnity agreements between Pharmacia and/or 3 Solutia. 4 Q Okay. Do you have any personal knowledge 5 of how, if it did, any one of these foundries listed 6 in this complaint contributed to the PCBs into Snow 7 Creek, I mean, personal knowledge? Do you have -- 8 have you done any studies or any sampling or 9 anything that you have that in your mind that could 10 tell us what you might know concerning their 11 contribution to PCBs into Snow Creek? 12 A I have no personal knowledge. 13 Q Have you visited any of these foundries 14 for the purpose of determining -- for the purpose of 15 determining if any of their processes contributed to 16 the PCB contamination in the West Anniston area? 17 A No. 18 Q Are you familiar with the ~ you came on 19 board in, you said, '83? 20 A '73. 21 Q '73, excuse me. Are you familiar with the 22 Tull Chemical incident in1984? 23 MR. CLARK: Object to the question on the 36 WATER PCB-SD0000008349 1 grounds it's outside the scope of the subject to 2 which Dr. Kaley is put up as a rule 30(b)(6) 3 witness. Answer if you want to. 4 THE WITNESS: If I want to? 5 A Yes, I have -- 6 MR. CLARK: He is speaking not as a rule I 30(b)(6) rep, but in his individual capacity. 8 A Yes, I have sane understanding of that 9 situation. . 10 Q Were you involved with that? II A I was involved in the aftermath of sane of 12 it, yes. 13 Q And when you say "aftermath," what do you 14 mean? 15 A Well, eventually the Alabama attorney 16 general approached Monsanto about sane issues around 17 PCBs in Snow Creek, and I was involved in sane of 18 those discussions and same of the activity 19 subsequent to that. 20 Q And that had to with Tull Chemical's 21 contribution of PCBs into Snow Creek? 22 A That was the origin of the investigation, 23 yes, is my understanding. _____________________________________________________ ]_]_ 1 Q And wasn't it ultimately determined that 2 Tull Chemical did not, in fact, contribute 3 substantial amounts of PCBs into Snow Creek? 4 MR. CLARK: Object to the form. 5 A That would not be my understanding. I 6 don't know that. 7 Q Well, did you have any -- I guess I'm not B sure I understand your involvement with that 9 particular situation. 10 MR. CLARK: Let me just clarify for the 11 record, too, again, this is not testimony being 12 offered as a rule 30(b)(6) witness because again 13 it's outside of the areas for which he is being put 14 up today. 15 A Is there question pending? I thought you 16 just said you didn't understand. Is that a 17 question? 18 Q Well, here's -- and, again, I don't know 19 what your involvement was with this so that's what 20 I'm trying to understand. You said you were 21 involved with the aftermath, I think you said, and 22 I'm not sure I understand what that means. 23 A Without being a wise guy, that's still a 38 1 statement and not a question. But I was involved in 2 Monsanto's investigations of the presence of the 3 PCBs in the sediments of Snow Creek and what is now 4 called the 11th Street ditch leading up to Snow 5 Creek. I did not do the measurements, but I was 6 aware of the results and I also was involved in 7 proposing a sediment removal to address those B issues. And ultimately as one of the steps, to get 9 back to the 30(b)(6) thing, one of the steps that 10 Monsanto undertook in about 1989 was to remove 11 sediments, a large amount of sediments, from the 12 11th Street ditch and dispose of them in accordance 13 with TSCA regulations. 14 Q But in 1984 was it Monsanto's position 15 that Tull Chemical had contributed to that 16 contamination? 17 A Certainly not in the area above. I mean, IB all the area that I was involved in was above Tull 19 Chemical's discharge point, and, you know, we would 20 not have -- I mean, we were dealing with the 21 materials that were clearly not frcm Tull Chemical 22 because it was above their discharge point which is 23 down either in or near Oxford. _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ 3_9_ 1 Q So they were downstream? 2 A Yes. 3 Q I have got you. And maybe this is what's 4 confusing me. I'm not sure I know who CSI is. I am 5 not sure you do. to you know who CSI is? 6 A Not without seeing sane context. 7 Q Here is a document that evidently is a -- 8 it's along the lines of the ADEM -- the attorney 9 general and ADEM contacting Tull Chemical -- 10 A Okay. 11 Q -- and talking about the Snow Creek 12 contamination. 13 A Okay. 14 Q And in their conclusion, they concluded 15 that Tull did not contribute -- did not 16 substantially contribute to the Snow Creek -- I 17 can't remember what their word was. 18 A Well, I mean, the statement says these 19 results reveal that Tull Chemical Company has not 20 caused any significant contamination of Snow Creek 21 sediments, and I agree that it says that. I have 22 not seen this document. 23 Q Okay. 40 WATER PCB-SD0000008350 1 A I can't raiment. I don't know what it's 2 addressing specifically. 3 Q Okay. And you -- 4 A I do not know who -- 5 Q CSI? 6 A -- or what that even means. I mean, if 7 you read the first station or the first sentence, it 8 doesn't even make sense, anyway, so I don't know 9 what it means. . 10 Q Okay. 11 A I do notknow what those three letters 12 stand for. 13 MR. CLARK: Before we go any further, 14 again, I want, Bobby, to just ask you how does this 15 pertain to Monsanto's knowledge of the persistence 16 of PCBs in the environment or any efforts they made 17 to minimize the risk PCBs could have on the 18 environment? 19 MR. RODEN: Well, it has a lot to do with 20 it if, in fact, their knowledge of the persistence 21 of PCBs in the environment has to do with the other 22 foundries contributing to that persistence. 23 MR. CLARK: That's a different question. _____________________________________________________ u_ 1 MR. CLARK: But we have designated a 2 witness for those others, and that witness had an 3 opportunity to be questioned and examined about 4 those. If the questions weren't asked, that was 5 plaintiff's ~ 6 MR. RODEN: Well, I understand that, but 7 it doesn't natter. If he is being produced pursuant 8 to this notice, I can ask him questions that's in 9 this notice. I can ask him. If he doesn't know, he 10 doesn't know. 11 MR. CLARK: Well, I will just put on the 12 record that anything beyond D and E is not Rule 13 30(b)(6) testimony. You can ask him just as an 14 individual that's before you now. That's fine, but 15 it doesn't bind the corporation. 16 Q All right. Now, let me go back to this 17 issue concerning aroclor 1268 -- IB A Okay. 19 Q -- and itsuse in the foundries. And 20 there was a deposition taken on March 23rd of '01 21 and the -- did you give a deposition March 23? 22 A I have no clue. 23 Q This is an excerpt from that deposition, u_ 1 That's the source of PCBs. 2 MR. RODEN: Well - 3 MR. CLARK: We are talking about 4 Monsanto's knowledge of the persistence of PCBs in 5 the environment. You are asking questions about the 6 source of those PCBs. 7 MR. RODEN: Well, how are they going to 8 get there? 9 MR. CLARK: We are not talking about 10 source. 11 MR. RODEN: I know, but if they are 12 persistent in the environment, you are talking about 13 how if they don't go away; is that you are saying? 14 MR. CLARK: Exactly. 15 MR. RODEN: Well, this notice has to do 16 with what Dr. Kaley knows concerning this area of 17 inquiry concerning these other foundries. 18 MR. CLARK: And that's not a part of D and 19 E. 20 MR. RODEN: Well, you are designating him 21 as D and E. He may -- he may know something about 22 it. I can't tell if-he knows anything else about 23 these. 42 1 and the question was, "There has been a suggestion 2 in questions that 1268 was the aroclor that could 3 have been used by foundries. Can you give me any 4 basis for asserting that aroclor would have been 5 used by foundries?" And your answer was -- 6 A Somebody's answer was. 7 MR. CLARK: I object to the form. 8 Q Well, okay. Well, I will find it. 9 A Well, I mean, if you are going to assert 10 that this is my deposition, then I will accept that 11 assertion. You never asserted that. You said 12 somebody. 13 MR. CLARK: I object to the form on the 14 assumption that it is Bob Kaley's deposition. 15 Q Well, we will have to get it, I guess, but 16 I - 17 A I will take your word -- 18 Q Okay. 19 A -- for the purpose of this, you know. 20 Kevin is going to object, anyway. 21 Q I'm just asking you, are saying just ray 22 general understanding of the kind of processes that 23 the aroclor materials were being used for in foundry 44 WATER PCB-SD0000008351 1 operations, then I believe some reports, I can't 2 give -- can't point you to anything specifically, 3 but various use surveys that talk about the fact 4 that those kinds of materials were being used. And 5 I'm just trying -- and you mentioned a VERSAR 6 report. 7 A Yes. B Q I'm just trying to -- other than what we 9 talked about earlier about your basis for thinking 10 that the 1268 was used in these foundries, that you 11 said before because the soil was -- found 1268 in 12 the foundry sand, is there another basis for it? 13 Does that refresh your memory about another basis? 14 MR. CLARK: Object to the form. 15 A Okay, If that was me saying that and it 16 very well could have been because I would say I 17 would stand by that testimony, I'm aware from my 18 studies and understanding of uses of PCBs that 19 aroclor 1268 or even a more highly chlorinated 20 aroclor which is decachlorobiphenyl was used in a 21 foundry process that was called lost wax casting. I 22 have reached the extent of my knowledge about lost 23 wax casting and its use in foundries, but that's ________________________________________ 1 what I was speaking of. 2 Q Okay. 3 A I have no evidence that any of those 4 foundries in Anniston were using that process or 5 that they weren't. They may very well have been, 6 but that was the basis of that statement and is 7 really the basis of my knowledge about the potential B for aroclor 1268-like materials being used in 9 foundries. 10 Q Okay. Now, with respect to the 11 persistency of the PCBs in the environment in 12 Anniston, West Anniston, do the PCBs in the soil 13 remain in the soil for a period of time and do you 14 know what period of time that would be? Once the 15 PCBs are put in the soil, how long -- 16 A The answer to that question is dependent 17 on what kinds of PCBs were put in the soil. Some of 18 the lower chlorinated PCBs will disappear within 19 matters of hours or days. 20 Q Okay. 21 A Seme of the morehighly chlorinated will 22 disappear in matters of weeks or maybe years. Seme 23 of the materials, it may be decades. I think u 1 because we have only been studying PCBs for decades, 2 they have only been made for decades, I don't think 3 we know specifically about the extent of time, but 4 the more highly chlorinated materials can persist 5 for long periods of time. The less chlorinated 6 essentially do not persist at all. 7 Q When you say "highly chlorinated," would 8 1242 be a lower or higher? 9 A I would consider that lower chlorinated. 10 It has some low small amounts of the higher 11 chlorinated congeners, but in general it is a lower 12 chlorinated product. 13 Q And how about 1248? 14 A 1248 and 1254 I would call moderately 15 chlorinated. 1260, 1268 I would call highly 16 chlorinated. 17 Q Okay. Now, do you have any -- 18 A Can I supplement that answer? 19 Q Yeah, sure. 20 A And I want to be sure that we understand 21 that in each of those product designations there is 22 a wide range of congeners, so if 1268 has seme of 23 those three and four chlorinated species, they are _____________________________________________________ u_ 1 going to disappear more rapidly as well as a 2 preponderance of the more highly that are less 3 persistent and that would be true of each one of 4 those. 5 Q Okay. Now, I think we talked about, a 6 little bit, about the persistency with respect to 7 the persistency of PCBs in the environment. Your 8 explanation if, in fact, it's found to be true that 9 PCBs are found in various tree barks in the western 10 Anniston area - 11 MR. CLARK: Object to the form. 12 Q -- do you have any way to tell me how 13 long -- one, how it got there and, two, how long it 14 would stay in a tree bark? Do you have any way of 15 knowing that? 16 MR. CLARK: Object to the form. 17 A Well, I mean, assuming that the findings 18 are what they purport to be - 19 Q Correct. 20 A -- I think there are two explanations of 21 how they got there. One, theyare deposition fron 22 vaporized materials that have deposited on the tree 23 trunk or they could also have been PCBs that were H WATER PCB-SD0000008352 1 attached to small particles of dust that blew up 2 against and adhered to the tree trunk. When they 3 got there, I don't think anyone knows. How long 4 they have been there, I don't think anyone knows. 5 How long they are going to stay there, I don't think 6 anyone knows. I don't think there is any way to 7 predict any of that. 8 Q But either one of those two ways is 9 through the air or not? 10 A I would say it's through air transport, 11 yes. 12 Q Okay. 13 A But it could be very, very, very small 14 amounts over very, very, very long periods of time, 15 so, you know... 16 Q You mean in an accumulative fashion? 17 A Well, it's definitely in an accumulative 18 fashion. I don't know think if those reports are 19 true and believable, then I think it is clearly an 20 accumulative fashion. 21 Q But you couldn't say how long -- there is 22 no way to know how long they have been there? 23 A That's correct. 1 Q Okay. Now, you went through a long list 2 earlier when I asked you what efforts Monsanto has 3 taken to minimize the risk that PCBs could have on 4 the environment. Can you -- is there -- what 5 physical things, what structures or what things have 6 they actually done to reduce the or minimize the 7 PCBs, the risk that the PCBs have on the 8 environment? And I'm talking about such things as 9 the landfill or the sediment basin or anything like 10 that. 11 A Are you talking about Anniston 12 specifically? 13 Q Yeah, I'm sorry, yeah. 14 A Well, they worked very diligently in the 15 late 1960s to cut off PCBs at the source to get them 16 out of the discharge waters. They shut down the 17 plant in 1971 partly -- largely I think as a 18 business decision because once they withdrew from a 19 lot of markets, they didn't have the market for PCBs 20 and they decided to consolidate manufacturing in 21 Illinois, but it also had an effect on the discharge 22 of PCBs into the environment in Anniston. They 23 continued -- in the 1980s they did a -- we talked 50 1 about the sediment removal in the 11th Street ditch. 2 They also undertook a closure of the south landfill 3 under RCRA, R-C-R-A, regulations and that included 4 putting an extensive soil cover on top of what were 5 the old PCB cells in that landfill. And then in the 6 1990s, they have obviously done a huge amount of 7 remediation including capping of landfills and 8 collection of stormwater and treating of stormwater, 9 a variety of things to actually eliminate the 10 potential for discharges. 11 Q The runoff from the landfill goes into 12 the -- ultimately goes into the catch basin? 13 A Yes, detention basin, that's correct. 14 Q And then does the PCB actually go into the 15 catch basin to your knowledge? 16 A Well, there should not be any PCBS going 17 into the catch basin because the soil on top of the 18 landfill are clean soils so there currently 19 certainly should be no PCBs attached to the sediment 20 particles going into that detention basin. 21 Q And are there any PCBs caning -- being -- 22 traveling through the air from the landfill to your 23 knowledge? _____________________________________ 1 A Not that I'm aware of. 2 Q Is that something that's been monitored? 3 A We are doing sane air monitoring, yes. 4 Q At the top of the landfill? 5 A I believe there is a monitor certainly at 6 the edge of the West End landfill, at the edge of 7 the south landfill. I don't know whether there is B still a monitor on top of the landfill or not. 9 Q Would that be something you would want to 10 have? 11 MR. CLARK: Object to the form. 12 A Not necessarily, no. 13 Q You think the air monitor at the bottom or 14 the edge at the lower end of the landfill would be 15 adequate? 16 A Well, I think -- I mean, the philosophy of 17 our air monitoring to the extent there is one is 18 largely to check for the levels of PCBs that are at 19 our fence line to determine or establish whether 20 PCBs are, in fact, leaving the facility at the fence 21 line. 22 Q The fence line being? 23 A Well, whatever the fence line is of our 52 WATER PCB-SD0000008353 1 property in Anniston. I mean, that's primarily 2 where our monitors are currently located. 3 Q At the fence line? 4 A Yes. We have just instituted in April an 5 expanded air monitoring program to try to answer 6 some questions about the effects of temperature, I wind direction, potential source questions, but 8 those data are so new, we have so few of them, that 9 we are not able to really address those issues. 10 Q Is there monitoring in the catch basin, II sanples taken? Do you know? 12 A Air sanples? 13 Q No, no, I am sorry. 14 A Well, I mean, there actually isan air 15 sample near the catch basin. 16 Q Right. 17 A I do not believe -- certainly, there is 18 not routine monitoring of either the water or 19 sediments in the basin, no. 20 Q So the only way to know that the -- so 21 what you are -- you base the fact that PCBs aren't 22 going into the catch basin on the fact that the 23 landfill has clean soil on top of the PCBs? ________________________________________ 1 A That's correct. 2 Q Any other basis for that? 3 A No, that's -- I mean, the only way it can 4 get into the catch basin is through stormwater 5 runoff, and that's the only PCBs that would -- 6 Q That would be frcm landfill? 7 A Would be frcm the landfill, would be from 8 the surficial soils on that landfill. 9 Q Do you know if there has been any 10 further -- since the cleanup of the 11th Street 11 ditch which was when? When was that? 12 A The one we talked about previously? 13 Q Yes, sir. 14 A 1989. 15 Q Has there been another cleanup since then? 16 A We are trying, but I don't think it's 17 occurred yet. 18 Q 11th Street ditch? 19 A Yes. 20 Q Why? What do you mean? 21 A Well, we had one of our proposed interim 22 actions, interim, whatever the term is -- 23 Q Uh-huh. Si 1 A -- was to clean up the 11th Street ditch. 2 We had a plan in to ADEM which was basically 3 approved, but then EPA basically took over 4 jurisdiction for the area including the 11th Street 5 ditch, so we now have an approved plan with EPA, and 6 we are negotiating with Norfolk Southern for access 7 to that property. That is my understanding, but 8 Craig would know better than I. 9 Q Okay. Okay. So whatever sampling has 10 been done in the 11th Street ditch, Craig would know 11 that? 12 A Yes. 13 Q You don't know if any additional sampling 14 that has been done detects higher levels of PCBs 15 than had been before in '89, for instance? 16 A I'm not aware specifically of what you are 17 talking about. There may or may not be. I don't 18 know. 19 MR. RODEN: Okay. Let's take about two 20 minutes. 21 (A short break was taken.) 22 MR. RODEN: I don't have any more 23 questions. _____________________________________________________ 5_^_ 1 (The deposition was concluded.) 2 3 4 5 b I 8 9 1U 11 12 13 14 15 lb 17 18 19 2U 21 22 23 56 WATER PCB-SD0000008354 1 STATE OF ALABAMA I COUNTY OF SHELBY ) ) 3 1 I, MICHELE H. BAILEY, Shorthand Reporter in and for the County of Shelby, State of Alabana, do b hereby certify: b That prior to being examined, the witness named V in the foregoing deposition, ROBERT G. KALEY, was by me duly sworn to testify the truth, the whole truth, B and nothing but the truth. 8 That said deposition was taken before me at the ill time and place set forth and was taken down by me in shorthand and thereafter reduced to ccnputerized 11 transcription under my direction and supervision, and I hereby certify the foregoing deposition is a II full, true, and correct transcript of my shorthand notes so taken. 13 14 I further certify that I am neither counsel for nor related to any party to said action nor anywise lb interested in the outcome thereof. lb IN WITNESS WHEREOF, I have hereunto subscribed 17 my name this 11th day of August, 2003. IB IB lU MEKELS H". BAlIEY II NOTARY PUBLIC, IN AND FOR THE STATE OF AIABAMA AT LARGE 22 MY COMMISSION EXPIRES: 4/24/04 23 SIGNATURE PAGE 57 1 I,have read the 2 foregoing pages of my testimony or have had the 3 foregoing pages of my testimony read to me and have 4 noted any changes to form or substance of my 5 testimony together with their respective corrections 6 and the reasons therefore, on the following errata 7 sheet (s). 8 9 Signature 10 Date 11 12 I,, a Notary Public 13 in and for the State of, hereby 14 acknowledge that the above-named deponent personally 15 appeared before me, swore to the truth of the 16 foregoing statements and affixed her/his signature 17 above as her/his true act and deed. 18 19 Signature 20 Date 21 My Commission Expires 22 13 58 "aftermath 1248 30:13, 37:13 47:13, 47:14 "highly 47:7 1254 30:13, "s" 11:15 47:14 "there 44:1 1260 30:13, "x" 9:2 47:15 '01 43:20 1262 30:13 '66 27:1, 1268 30:14, 28:2 31:2, 31:7, '6B 29:21 31:18, 32:8, '69 29:21 32:10, 43:17, '73 27:1, 44:2, 45:10, 36:20, 36:21 45:11, 45:19, 'B3 36:19 47:15, 47:22 '89 55:15 1268-like '97 12:2 46:8 (6) 6:14 15 25:12, lease 1:9 26:18 -vs- 1:9 1501 19:7 001 12:13, 17th 19:8 13:14, 13:21, 1960s 50:15 15:3, 20:8, 20:12! 1966 25:5, 002 14:12 29:11, 29:14, 04 14:14 29:15 05 14:14 1971 50:17 06. 14:14 1973 26:22 1 4:10, 6:11,. 1980s 50:23 22:18 1984 36:22, 10 4:12, 39:14 25:12, 26:18 1989 39:10 1016 30:17 1989. 54:14 10th 13:2 1990s 51:6 11th 10:6, 1996 12:1 12:17, 13:3, 1999. 11:6 13:5, 14:8, 15:5, 1th 20:21 15:6, 15:10, 2 4:11, 7:5 20:3, 20:13, 2. 7:3 33:8, 39:4, 20 16:5, 39:12, 51:1, 16:17, 16:18 54:10, 54:1B, 202 10:9, 55:1, 55:4, 11:10, 12:6 55:10, 57:31 23 43:21 1221 30:13 23rd 43:20 1232. 30:15 268 31:12 1242 30:13, 3 4:12, 47:8 10:16, 10:22 30 5:3 30(b) (5 6:14 30(b) (6 6:2, 6:3, 19:15, 33:10, 33:17, 35:9, 37:2, 37:7, 38:12, 39:9, 43:13 4 15:21, 16:9, 16:10, 19:12 405 16:7 5 15:21, 16:9, 16:10, 19:13 5-57 4:6 6 4:10, 15:22, 19:13 6. 16:9, 16:10 7 4:11 <A> ability 25:17 able 53:9 above 23:23, 39:17, 39:18, 39:22, 58:17 above-named 58:14 accept 44:10 access 55:6 accordance 39:12 According 19:7 accumulation 25:20 accumulative 49:16, 49:17, 49:20 acknowledge 58:14 act 58:17 acting 5:2 54 action 6:19, 52:13, 52:17, 53:5 34:18, 57:26 53:5, 53:12, answered 7:11 actions 54:2253:14 anybody 18:11 active 30:1 AIABAMA 1:2, anyway 41:8, actively 7:161:27, 3:10, 3:24,44:20 activity 5:2, 5:4, 5:6, anywise 57:26 37:18 37:15, 57:1, apologize actually 57:6, 57:38 30:6 8:13, 15:22, 16:10, 24:12, AICD 12:2, 12:9 APPEARANCES 3:1 26:11, 27:15, allegation appeared 50:6, 51:9, 34:4, 34:10 29:17, 58:15 51:14, 53:14 allegations appears 31:9 addition 17:22, 18:22 approached 18:11 alleges 18:1737:16 additional already 5:16 appropriate 55:13 amount 29:13,6:6 address 19:5,39:11, 51:6 appropriately 23:12, 39:7, 53:9 amounts 38:3,26:6 addressing 47:10, 49:14 approved 11:7,-41:2 analysis 55:3, 55:5 ADEM 11:5, 27:9, 27:15 April 53:4 11:8, 40:8, 40:9, analytical area 11:9, 55:2 27:16 12:2, 12:8, 16:1, adequate analyzed 18:19, 19:12, 52:15 23:16 adhered 49:2 and/or 36:2 25:22, 33:2, adj acent animal 25:20 36:16, 39:17, 13:6, 13:10 Anniston 39:18, 42:16, affixed 58:1618:19, 19:6, 48:10, 55:4 aftermath 20:20, 21:8, areas 7:14, 37:11, 38:21 22:13, 22:22, 11:3, 11:4, agree 17:19, 29:3, 29:22, 12:10, 18:B, 21:3, 40:21 30:B, 30:12, 19:22, 21:13, AGREED 1:20, 30:14, 30:17, 35:8, 38:13 2:1, 2:7, 2:14 30:18, 31:2, aroclor 30:7 agreement 32:8, 34:15, 30:12, 30:15, 24:10 34:16, 36:16, 31:2, 31:7, 31:8, agreements 46:4, 46:12, 31:18, 32:8, 34:22, 34:23, 46:12, 48:10, 43:17, 44:2, 36:2 50:11, 50:22, 44:4, 44:23, ahead 6:8 53:1 45:19, 45:20, Air 28:12, Answer 34:13,,46:8 28:13, 28:16, 35:4, 35:20, around 7:14, 49:9, 49:10, 37:3, 44:5, 44:6, 8:3, 8:8, 26:2, 51:22, 52:3, 46:16, 47:18, 37:16 a WATER PCB-SD0000008355 assert 44:9 11:2, 11:7, bind 43:15 asserted 11:19, 16:2, biodegradabil 44:11 16:12, 25:5, ity 25:19 asserting 25:12, 26:17, Birmingham 44:4 32:19, 55:2, 55:35:2 assertion basin 50:9, bit 48:6 44:11 51:12, 51:13, blended 30:15 assign 2:11 51:15, 51:17, blending associated 51:20, 53:10, 30:16 31:9 53:15, 53:19, blew 49:1 Associates 53:22, 54:4 blurb 29:16 10:12 basis 25:23, board 26:20, association 32:6, 32:7, 27:5, 27:8, 36:19 32:16 32:22, 33:9, Bob 44:14 assume 5:19, 33:16, 34:12, Bobby 17:9, 32:4, 33:20 44:4, 45:9, 20:23, 41:14 assuming 45:12, 45:13, bottom 52:13 48:17 46:6, 46:7, 54:2 Branchfield assumption became 25:6 8:6, 14:17, 44:14 become 23:10 17:18, 21:4, attached bed 14:5 23:6, 24:17, 49:1, 51:19 began 25:7, 33:22, 35:13 attorney 29:19, 29:21 Branchfield's 37:15, 40:8 beginning 8:12, 8:15 aware 7:16, 25:2, 25:4 break 17:9, 20:22, 25:6, behalf 1:23, 55:21 29:7, 31:12, 5:8 brought 6:20 39:6, 45:17, behind 12:7, Bryant 27:13, 52:1, 55:16 12:23 27:14, 27:14 away 42:13 belief 32:7 Building 1:24 believable business 49:19 50:18 <B> believe 9:23, back 39:9, 13:7, 17:3, 43:16 20:19, 20:20, <c> BAXLEY 1:26, 22:18, 30:12, call 13:6, 5:1, 57:5, 57:36 31:1, 31:5, 45:1, 13:9, 14:20, Baptist 12:8,,52:5, 53:17 16:7, 19:12, 12:20, 13:2 Besides 29:3 47:14, 47:15 bark 24:3, best 25:16 called 5:7, 48:14 Bethel 12:20,.10:6, 11:4, 26:3, barks 48:9 13:1 39:4, 45:21 base 53:21 better 55:8 capacity 37:7 based 32:9, beyond 6:5, capping 51:7 33:2 43:12 carried 9:23 basically big 12:10 case 6:22, a 30:21 clue 43:22 containing casting collection 34:6 45:21, 45:23 51:8 contamination catch 51:12, caning 51:21 8:22, 34:5, 51:15, 51:17, comment 41:1 36:16, 39:16, 53:10, 53:15, camercially 40:12, 40:20 53:22, 54:4 26:10 content 7:8 caused 40:20 Commission context 40:6 cells 51:5 57:39, 58:21 continuation center 12:12,. Commissioner 5:21 14:4 5:2 continue 5:20 Certainly communicated continued 13:15, 27:10, 5:16 25:12, 50:23 30:1, 31:5, Company 40:19 contractor 39:17, 51:19, compatible 8:14 52:5, 53:17 26:13 contribute certify 5:2, complaint 38:2, 40:15, 57:7, 57:20, 19:7, 36:6 40:16 57:25 compliance contributed changes 58:4 2:4 9:5, 36:6, 36:15, Check 52:18 computerized 39:15 Chemical 57:18 contributing 36:22, 3B:2, concerning 41:22 39:15, 39:21, 17:22 contribution 40:9, 40:19 concluded 8:21, 36:11, Chemical's 40:14 37:21 37:20, 39:19 concluded. converge 15:6 chlorinated 56:1 copy 10:16 26:14, 45:19, conclusion comer 16:13 46:18, 46:21, 32:19, 40:14 corporate 47:4, 47:5, 47:7, confined 25:23 47:9, 47:11, 22:12 Corporation 47:12, 47:15, confusing 33:3, 33:3, 43:15 47:16, 47:23 40:4 Correct 15:8, Church 12:8, congeners 20:7, 21:8, 12:20, 13:2 47:11, 47:22 22:14, 27:4, Civil 5:4 consent 11:7,,48:19, 49:23, clarify 38:1022:8, 22:9, 24:7, 51:13, 54:1, clean 51:18, 24:10 57:21 53:23, 55:1 consider 47:!3 corrections cleanup considered 58:5 54:10, 54:15 15:11, 15:16 counsel 1:21, clearly consolidate 2:9, 2:10, 5:5, 20:11, 39:21, 50:20 7:9, 57:25 49:19 contacting counted 16:17 closure 51:2 40:9 County 57:3, 4 2- - 57:6 days 46:19 23:13, 31:15 couple 12:4 dealing 39:20 Description COURT 1:1, decachlordbip4:9 1:26, 2:5, 5:1, henyl 45:20 designated 5:13 decades 43:1 cover 22:9, 46:23, 47:1, 47:2 designating 51:4 December 42:20 covered 29:14 designations 17:17, 17:17, decided 50:2047:21 33:21, 33:23 ddeecciissiioonn designed covering I"B:75~ 0:18 26:12 Craig 8:6, decree 22:8, detail 9:11, 14:16, 31:14, 22:9, 24:7 25:13, 26:16 32:5, 55:8, 55:10 decrees 11:7 details 25:17 Creek 8:23, deed 58:17 detected 31:7 9:14, 9:18, 9:19, Defendants detection 10:7, 10:10, 3:14, 17:2, 17:4 ,25:8 12:22, 15:7, 17:5, 34:17 detects 55:14 21:16, 21:22, definitely detention 36:7, 36:11, 49:17 51:13, 51:20 37:17, 37:21, definition determine 3B:3, 39:3, 39:5, 34:14 19:10, 52:19 40:11, 40:16, 40:20 delve 35:21 determined dependent 38:1 crossed 10:9 46:16 determining crude 28:19 deponent 36:14, 36:15 CSI 40:4, 58:14 develop 30:3 40:5, 41:5 deposited developmental current 11:2048:22 28:14 currently Deposition difference 51:18, 53:2 1:22, 2:2, 2:3, 31:15 cursory 24:152:12, 2:15, 4:10 , different customers 5:19, 6:4, 6:10, 41:23 26:6 6:14, 22:19, differentiate cut 50:15 33:10, 33:17, 19:19 34:12, 35:3, diligently 35:6, 43:20, 50:14 <D> 43:21, 43:23, direct 32:17 data 53:8 44:10, 44:14, direction date 5:3, 48:21, 56:1, 8:10, 53:7, 57:19 11:6 57:11, 57:16, disappear Date 57:20 46:18, 46:22, depositions 48:1 5B:10, "2:6 discharged 58:20 describe 11: 414:7, 20:11, day 57:31 described 20:21, 25:15, k3 30:4 57:17 eliminated discharges downstream 26:4 9:18, 9:21, 15:11, 19:11, emissions 10:19, 14:3, 20:5, 40:1 28:12, 28:13, 14:10, 25:16, drainage 28:17 29:23, 51:10 10:5, 10:8 End 10:2, discussed draining 12:16, 14:8, 32:18 12:15 52:6, 52:14 discussions drive 19:5 entering 17:15, 37:18 duly 5:11, 13:13 dispose 39:1257:12 environment DISTRICT 1:1, During 13:15,17:13, 17:14, 1:2 13::15, 23:9, IB:: 10, 21:7, ditch 10:6, 24 :11 21::11, 21:13, 12::7, 12:11, dust 49: 1 24::22, 25:7, 12::15,, 12:17, 25::9, 26:5, 28:4, 13::4, 13:5, 14:9, 28::7, 28:9, 15::5, 15:6, <E> 29:: 13, 41:16, 15:: 10,, 15:11, E.. 18:7, 41::18, 41:21, 15:: 13,. 15:14, 21:: 2, 42:19, 42::5, 42:12, 20;;3,. 20:14, 42::21 46::11, 48:7, 20: 21,. 33:8, earlier 45: 9,50::4, 50:8, 50:22 39:: 4, 39:12, 50;:2 environmental 51::1, 54:11, 54::18,. 55:1, east 10: 3, 13::22, 15:10 ly 26:13 EPA 55:3, 55::5, 55:10 edge 52: 6, 55:: 5 ditches 10:5,,52:: 6, 52:14 errata 58:6 12::5, 20:12, effect 214, especially 21::16 50;:21 28:: 13 DIVISION 1:3 effects 53:6 essentially document effort 25:7, 30:9, 32:21, 47:6 40:7, 40:22 25:12 establish documents efforts 26:2, 52:19 27:2 17:13, 24:19, eventually doing 11:5, 25:10, 25:14, 10:8, 15:5, 15:6, 27:9, 52:3 25:23, 26:2, 26:9, 37:15 done 7:17, 26:6, 26:15, evidence ' 8:2, 8:7, 8:8, 26:18, 29:19, 2:13, 31:13, 46:3 8:10, 8:11, 8:13,29:22, 41:16, evidently 11:8, 24:12, 50:2 40:7 24:17, 24:20, either 17:17 Exactly 42:14 28:8, 36:B, 50:6,39:23, 49:8, EXAMINATION 51:6, 55:10, 53:18 4:4, 5:8, 5:17 55:14 eliminate examined down 20:19, 25:16, 25:23, 5:11, 43:3, 57:10 39:23, 50:16, 51:9 except 2:9 WATER PCB-SD0000008356 excerpt 43:2328:8, 28:23, 5:9, 58:6 excruciating 32:9, 38:2, follows 5:12 9:10 41:20, 45:3, force 2:4 excuse 36:21 48:8, 52:20, foregoing Exhibit 6:11,53:21, 53:22 5:4, 57:11, 7:3, 7:5, 10:16, factual 17:2257:20, 58:2, 10:22, 22:18 fall 17:15 58:3, 58:16 EXHIBITS 4:8 familiar 7:4, form 2:9, exist 22:23, 7:7, 7:8, 7:21, 24:5, 33:6, 34:7, 34:5 9:7, 10:12, 23:9, 38:4, 44:7, existed 10:9,23:10, 24:20, 44:13, 45:14, 28:11 36:18, 36:21 48:11, 48:16, existing 19:4 far 17:7 52:11, 58:4 exists 7:7, fashion formally 8:6, 23:5 49:16, 49:18, 15:23 expanded 53:549:20 former 11:20, experience felt 31:1 11:22 22:23 fence 52:19, forth 57:17 experts 24:4 52:20, 52:22, found 21:7, EXPIPES 57:3952:23, 53:3 21:10, 21:13, Expires few 53:B 21:15, 21:17, 58T2T filed 7:3, 22:22, 23:20, Explain 31:1017:23 24:3, 25:11, ' explanation f'iling 2:15 31:12, 32:10, 48:8 fill 18:18 45:11, 48:8, 48:9 explanations final 32:19 foundries 48:20 financially 6:21, 7:22, B:3, extensive 26:9 8:9, 8:21, 8:22, 12:1, 51:4 find 18:20, 9:4, 16:5, 16:11, extent 32:10,44:8 17:15, 18:20, 45:22, 47:3, findings 18:23, 31:2, 52:17 48:17 32:8, 36:5, fine 35:17, 36:13, 41:22, 43:14 42:17, 43:19, <F> first 5:11, 44:3, 44:5, facilities 26:18, 29:15, 45:10, 45:23, 8:3, 16:18, 30:2041:7, 41:7 46:4, 46:9 facility 9:9, fitting 19:21 Foundry 17:4, 13:23, 19:1, flood 22:13, 18:18,. 19:1, 19:4, 19:11, 23:23 20:2, 20:2, 20:22, 22:2, Flora 23:11 20:18,. 20:19, 22:3, 29:1, 29:2, flowed 12:14 31:9, 31:13, 30:8, 31:23, fluff 18:18 31:16,. 31:17, 52:20 FMC 17:1, 31:23,. 32:11, fact 22:12, 33:3 33:4, 44:23, 22:23, 26:8, following 45:12,. 45:21 four 47:23 H. 1:26, 5:1, including frankly 16:1857:5, 57:36 51:7, 55:4 full 2:4, handle 26:6 indemnity 57:21 hard 19:20 34:23, 36:2 her/his INDEX 4:1 58:16, 58:17 individual <G> hereby 57:7, 16:19, 37:7, G. 5:10 57:20, 58:13 43:14 gaining 20:12 hereunto industrialize gave 27:6 57:30 d 16:1 gear 29:20 high 28:22 Industries general 7:23, higher 26:13,20:16 9:10, 9:12, 9:13,31:19, 47:8, information 10:18, 17:20, 47:10, 55:14 7:9, 8:5, 8:20, 37:16, 40:9, highly 15:23,21:19, 23:5, 44:22, 47:11 45:19, 46:21, 27:7, 31:22, 34:2 generally 47:4, 47:15, 48:2 ing 8:2, 16:4, 22:14 Highway 10:9,8:21, 18:21, generated 11:10, 12:6 18:22, 22:17, 27:19 Hill 12:7 29:9, 34:3, getting 28:4, hours 46:19 34' :22, 36:10, 28:6 huge 51:6 42:16, 42:17, give 9:12, Huron 17:2, 43:17 10:17, 19:5, 33:3 inquiry 21:1, 21:20, 43:21, 33:16, 42:17 44:3, 45:2 inside 35:5 given 7:18 <I> instance Golder 10:12, I. 55:8 8:17, 9:15, 10:15 idea 10:17, 18:23, 22:16, gotten 25:10 10:18 23:1, 31:22, great 25:13 i'dentificatio55:15 instituted 37:1 identificatio53:4 group 27:8, n. 6:12, 7:6, interested 27:16, 27:17, 10:23 57:27 27:20 identified interim guess 5:18, 6:2 54:21, 54:22 6:8, 7:2, 18:11, Illinois 27:2, 27:11, 29:5, 50:21 investigation 37:22 27:11, 32:6, 34:14, 38:7, incident 36:22 investigation s 39:2 44:15 guy 38:23 include 14:21, 14:23, involved 7:13, 37:10, 18:10, 18:11, 37:11, 37:17, <H > 28:12, 28:13 38:21, 39:1, included 51 339:6, 39:18 u involvement 45:22, 46:7, learning 30:1 38:8, 38:19 51:15, 51:23 least 10:17, involves 6:19 knowledgeablel6:ll, 20:22, issue 28:11, 14:18 27:1, 32:9, 33:2 43:17 known 12:12 leaving 52:20 issues 6:16, knows 19:18, left 12:11, 7:1, 9:2, 9:3, 32:4, 35:15, 12:22, 14:3, 37:16, 39:8, 53:942:16, 42:22, 16:13 49:3, 49:4, 49:6 less 47:5, 48:2 <J> letters 41:11 Jim 27:13, <L> levels 22:17, 27:14, 27:14, labeling 14:428:22, 31:19, 27:18 laboratory 52:18, 55:14 joined 12:9, 27:19 limestone 12:15, 13:3 land 12:10 13:14, 14:5, jurisdiction landfill 14:20 55:4 10:2, 10:8, 11:9, line 19:21, 11:12, 11:16, 21:1, 33:16, 11:19, 12:5, 35:2, 52:19, <K> 12:16, 12:18, 52:21, 52:22, Kaley 5:10, 50:9, 51:2, 51:5,52:23, 53:3 5:18, 6:1, 6:13, 51:11, 51:18, lines 40:8 18:17, 34:2, 51:22, 52:4, list 30:10, 35:15 , 37:2 , 52:6, 52:7 , 52:8 , 50:1 42:16 52:14, 53:23, listed 16:19, Kaley's 44:1454:6, 54:7, 54:8 33:12, 36:5 keep 18:16, landfills litigation 26:4 51:7 23:10 Kevin 33:21, LARGE 1:27, little 18:3, 35:11, 44:20 25:22, 39:11, 29:16, 4B:6 kind 27:22, 57:38 located 9:21, 29:16, 44:22 largely 10:19, 13:20, kinds 45:4, 50:17, 52:18 16:6, 19:2, 19:3, 46:17 last 5:21, 19:11, 53:2 knowing 48:157:15, 22:7, 22:18 location knowledge late 28:17, 7:21, 9:13 7:1, 8:1, 8:16, 29:14, 50:15 long 46:15, 9:5, 9:13, 9:16, later 10:16 47:5, 48:13, 17:12, 22:4, laws 2:5 48:13, 49:3, 23:15, 33:2, Lawsuit 4:11,49:5, 49:14, 33:14, 34:20, 7:3, 7:10, 7:22, 49:21, 49:22, 34:21, 36:1, 17:22, 18:17 50:1 36:4, 36:7, leading 2:10, looked 26:1, 36:12, 41:15, 39:4 31:17, 32:20 41:20, 42:4, learned 27:2 looks 31:16, 44- 31:16 markets 50 :1928:14, 28:18, lost 45:21, material 30:3 45:22 12:22, 14:21, MICHELE 1:25, lot 27:9, 18:19, 30:15 5:1, 57:5, 57:36 33:21, 41:19, materials Mike 8:17 50:19 14:23, 31:13, milieu 26:15 lovingly 10:1539:21, 44:23, Miller 13:6 low 47:10 45:4, 46:8, mind 18:16, lower 46:18, 46:23, 47:4, 33:4, 36:9 47:8, 47:9, 48:22 minimize 47:11, 52:14 matter 28: 23,17:13, 24:21, 43:7 26:19, 29:22, matters 41:17, 50:3, 50:6 <M> 46:19, 46:22 minutes 55:20 magazine Mcwane 17: 23, Missionary 29:17 19:1, 31:22 12:8, 12:20, 13:1 mainly 22:12 mean 9:1, moderately major 31:7 9:3, 12:18, 47:14 majority 17:19, 19:18, monitor 52:5, 16:15 19:22, 21:11, 52:8, 52:13 management 23:5, 26:15, monitored 8:12, 8:15 27:8, 27:17, 52:2 manner 24:15 28:5, 30:9, monitoring manufactured 31:10, 31:14, 52:3, 52:17, 13:17, 30:8, 36:7, 37:14, 53:5, 53:10, 30:14, 30:17 39:17, 39:20, 53:18 manufacturing40:18, 41:6, monitors 53:2 15:2, 50:20 44:9, 48:17, Monsanto Map 4:12, 49:16, 52:16, 7:14, 9:8, 9:9, 10:14, 10:20, 10:20, 11:2, 53:1, 53:14, 54:3, 54:20 12:10, 12:11, 12:23, 13:23, 11:6, 11:8, 12:3, means 28:3 , 15:4, 18:12, 12:9, 12:12, 28:9, 38:22, 22:2, 22:3, 14:4, 16:13, 41:6, 41:9 24:20, 25:5, 16:14, 22:17, meant 26:12 25:7, 25:14, 23:14 measure 28 :9,26:20, 32:3, March 43:20, 28:16, 30:3 34:23, 37:16, 43:21 measured 39:10, 50:2 mark 6:9, 28:21, 29:1 Monsanto's 6:9, 7:2, 10:16 measurements 17:12, 17:13, marked 6:12, 39:5 39:2, 39:14, 7:6, 10:23, memory 45: 13 41:15, 42:4 11:10, 11:11, mentioned Monsanto-owne 11:13, 12:2, 45:5 d 12:14, 12:19 12:9, 22:IB merged 20: 13 Morris 12:7 market 50:19 methods 28 :3, move 20:23 a WATER PCB-SD0000008357 moved 25:21 33:17, 34:13, open 26:3 42:15, 43:8, 43:9 operating number 9:2, 17:6, 17:7 <N > 16:6, 25:8 operation name 57:31 numbers 13:16 named 7:22, 14:18, 30:10 operations 57:10 16:12, 45:1 nature 32:21 opinion 19:15 near 39:23, <O> opportunity 53:15 Object 6:4, 35:19, 43:3 necessarily 24:5, 33:6', 33:9* , oral 5:8 7:8, 52:12 34:7, 35:2, origin 37:22 necessary 2:836:23, 38:4, others 17:23, need 34:14 44:7, 44:13, 25:6, 33:12, negotiating 44:20, 45:14, 33:18, 43:2 55:6 48:11, 48:16, outcome 57:27 neighborhoods52:11 outfalls 9:8, 12:4 Objection 9:14, 9:17 neither 57:2533:15, 34:11 outside 18:8, new 53:8 objections 22:23, 23:7, news 29:16 2:8, 2:11, 6:6 23:17, 24:6, No. 6:11, obviously 24:8, 33:10, 7:5, 10:22, 17:21, 21:7, 51:633:16, 34:12, 36:17, 52:12 occur 20:3 35:3, 35:7, 37:1, none 33:18 occurred 38:13 nor 57:26, 30:16, 54:17 owned 12:10 57:26 offered 2:12 Oxford 39:23 Norfolk 55:6 38:12 normal 31:20 old 9:9, north 9:23, 14:4, 14:20, <P> 10:1, 11:9, 12:2, 15:2, 51:5 PAGE 4:5, 13:10, 13:11, Once 10:9, 4:9, 57:40 19:3, 23:1, 23:8 15:10, 46:14, pages 58:2, NORTHERN 1:2 50:18 58:3 northwest One 5:21, Papageorge 16:13, 16:20 6:3, 6:3, 8:7, 27:11 Notary 1:26, 17:1, 17:3, 17:5 Paper 27:10 57:37, 58:12 25:8, 27:5, 27:6 parathion noted 58:4 36:5, 39:8, 39:9 15:2 notes 57:22 48:3, 48:13, part 13:15, nothing 57:1348:21, 49:8, 14:5, 24:7, Notice 2:15, 52:17, 54:12, 24:22, 42:18 4:10, 6:4, 6:9, 54:21 particles 6:16, 6:16, 6:19, ones 16:19, 49:1, 51:20 7:1, 17:21, 16:22, 17:6, particular 24:23, 33:10, 17:7, 33:14 20:4, 20:6, 6 9- - - 34:10, 38:9. 14:21 preponderance parties 1:21, place 28:10, 48:2 2:10, 34:5 57:17 presence partly 50:17 places 21:9, 25:6, 25:9, 39:2 party 57:26 21:16 presented past 9:2 Plaintiff's 6:15 patterns 26:16:3, 6:11, 7:5, prevent 28:3 PCB 8:22, 10:22, 43:5 previously 14:21, 25:21, plan 55:2, 54:12 26:11, 26:12, 55:5 Price 8:17 27:9, 29:2, 30:7, plane 24:1 primarily 34:4, 36:16, planes 22:13 53:1 51:5, 51:14 plant 7:15, primary 10:4, pending 38:159:23, 10:1, 10:3,27:12 people 27:6 10:4, 11:2, Prior 2:13, period 30:1, 12:11, 50:17 13:13, 28:2, 46:13, 46:14 plants 25:15,30:23, 57:10 periods 47:5,30:19 probably 49:14 played 8:22 17:16, 21:4, permit 12:13 Pltf 4:10, 27:15, 29:21, persist 47:4,4:11, 4:12 30:5, 30:13, 47:6 point 12:13, 35:19 persistence 15:9, 15:20, problem 35:10 17:12, 18:10, 16:8, 20:8, Procedure 5:4 21:21, 22:21, 20:12, 23:14, proceedings 41:15, 41:20, 27:19, 29:19, 5:9 41:22, 42:4 39:19, 39:22, process 7:12, persistency 45:2 15:2, 23:9, 46:11, 48:6, 48:7 point. 20:11 45:21, 46:4 persistent points 14:7, processes 42:12, 48:3 15:22, 20:4, 20:731:3, 36:15, person 35:15 popular 29:1644:22 personal position produced 36:4, 36:7, 36:1239:14 35:16, 43:7 personally possible 26:5 product 26:7, 24:20, 34:8, potential 26:12, 27:16, 58:14 46:7, 51:10, 53:731:8, 47:12, pertain 41:15 predict 49:7 47:21 Pharmacia predominant products 6:20, 35:1, 36:2 31:8 26:11, 30:7, philosophy predominantly30:7, 34:5 52:16 32:10 program 53:5 physical 50:5 . prepared programs Pipe 20:1B, 10:15, 11:3 25:18 20:19 preparing properties . pit 13:14, 7:10, 7:12 12:15, 21:18, 21:23, 23:7, 41:23, 44:1, recollection 24:14 46:16 14:13, 14:16, property questioned 15:1, 35:19 12:19, 12:23, 43:3 record 6:1, 13:1, 13:6, 15:4, questioning 38:11, 43:12 19:6, 24:6, 53:1,19:21, 21:3, 35:3 reduce 29:12, 55:7 questions 50:6 proportionally:9, 2:10, 6:5, reduced 57:18 y 31:19 7:11, 18:16, Reed 23:11 proposed 42:5,43:4, 43:8, reference 54:21 44:2, 53:6, 53:7, 10:19, 15:9 proposing 55:23 reflects 39:7 quick 17:10 11:23 provide 7:9, quote 9:17, refresh 45:13 34:9 31:20 regard 20:3, provided 5:3 34:17 Public 1:26, regular 31:16 57:37, 58:12 <R> regulations publication R-C-R-A 51:3 39:13, 51:3 29:15 railroad relate 9:14 pull 32:7 13:3, 13:9, 13:12 related 57:26 purport 48:18 raise 6:6 relates 17:10 purpose ran 12:5, relating 2:5 36:14, 36:14, 12:6, 12:7, 12:23 relation 16:6 44:19 range 25:17, relationship pursuant 43:747:22 16:3 put 11:11, rapidly 48:1 released 26:4 11:15, 18:12, RCRA 51:3 remain 46:13 18:19, 19:6, reached remediation 37:2, 38:13, 15:10, 45:22 12:1, 51:7 43:11, 46:15, read 5:15, remember 46:17 11:14, 41:7, 33:22, 35:13, putting 6:1, 58:1, 58:3 35:23, 40:17 18:6, 35:8, 51:4 reading 2:2, removal 39:7, 27:2 51:1 real 17:10 remove 39:10 <Q > Really 11:3, removing quadrant 13:9, 13:10, 26:13 16:21 29:15, 29:20, rep 19:16, quantify 22:529:21, 30:2, 37:7 question 46:7, 53:9 Repeat 33:15 20:9, 33:7, reasons 58:6 report 45:6 34:11, 35:20, recall 22:10, Reporter 35:21, 35:23, 29:10 1:26, 2:15, 5:1, 36:23, 38:15, recognize 5:13, 57:5 38:17, 39:1, 10:20 reports 45:1, -U- 49:18 run 13:11 39:3, 39:11, representativ runoff 51:11,39:11, 40:21, e 18:21 `54:5 53:19 research seeing 40:6 25:18, 25:22, seen 23:12, 26:7, 27:16 <S> 23:13, 29:8, residence S. 20:19 40:22 23:11 sample 32:22, sense 41:8 residential 53:15 sentence 41:7 12:4, 21:18, sanpled 24:9 separate 5:22 21:22 sanples series 10:5 respect 24:13, 27:18, service 27:17 22:21, 46:10, 31:6, 31:8, set 57:17 48:6 31:11, 31:17, several 6:21, respective 31:18, 31:20, 7:15, 14:6 1:21, 58:5 32:20, 53:11, shall 2:8 result 32:17 53:12 sheet(s 58:7 results 7:18, sampling Shelby 57:3, 32:20, 32:22, 7:14, 7:19, 8:8, 57 6 39:6, 40:19 8:14, 36:8, 55:9, short 55:21 retrospect 55:13 Shorthand 28:8 sand 18:18, 57:5, 57:18, reveal 40:19 31:9, 31:13, 57:21 review 24:12 31:16, 31:18, show 6:13, risk 17:14, 32:11, 45:12 10:11 24:21, 41:17, Sauget 29:5, shut 50:16 50:3, 50:7 29:22 side 9:23, risks 26:19 saying 29:11,10:1, 10:3, 13:8, ROBERT 5:10 31:11, 35:11, 13:11, 13:12, RODEN 4:6, 35:16, 35:18, 13:22, 14:8 5:14, 5:17, 42:13, 44:21, sign 5:15 17:19, 18:4, 45:15 signal 28:11 18:9, 18:14, says 40:18, SIGNATURE 19:17, 35:5, 40:21 2:2, 57:40, 58:16 35:10, 41:19, science 29:16' Signature 42:2, 42:7, scope 6:5, 42:11, 42:15, 18:8, 21:2, --5HT?;------- 42:20, 43:6, 33:10, 33:16, 55:19, 55:22 37:1 significant routine 53:18 Scott 27:10 40:20 Rule 5:3, section 16:13 sir 54:13 6:2, 19:15, 37:2, sediment sit 23:2 37:6, 38:12, 39:7, 50:9, 51:1, site 11:2 43:12 51:19 situation Rules 2:5, sediments 11:23, 29:20, 5:4, 26:2 21:15, 21:21, 30:2, 37:9, 38:9 XL WATER PCB-SD0000008358 sixties 28:1755:6 Street 10:6, small 47:10, speaking 12:17, 13:2, 49:1, 49:13 16:4, 37:6, 46:1 13:3, 13:5, 14:9, Snow 8:23, species 47:2315:5, 15:6, 9:14, 9:17, 9:19, specific 9:5 15:10, 19:8, 10:7, 10:10, 16:22, 18:22, 20:3, 20:13, 15:6, 21:16, 29:22, 30:7, 20:21, 33:8, 21:21, 36:6, 34:20, 36:1 39:4, 39:12, 36:11, 37:17, specifically 51:1, 54:10, 37:21, 38:3, 8:19, 20:1, 23:2, 54:18, 55:1, 39:3, 39:4, 23:7, 32:16, 55:4, 55:10 40:11, 40:16, 34:15, 41:2, structures 40:20 45:2, 47:3, 50:5 soil 21:12, 50:12, 55:16 struggling 23:21, 24:13, spoke 12:6 19:22 31:17, 31:20, stage 28:15 studies 36:8, 45:11, 46:12, stand 41:12, 45:18 46:13, 46:15, 45:17 studying 47:1 46:17, 51:4, start 25:1 stuff 33:23 51:17, 53:23 State 1:27, subject 6:23, soils 21:17, 57:1, 57:6, 37:1 21:22, 25:21, 57:37, 58:13 subjects 6:2, 51:18, 54:8 statement 17:11 Solatia 6:20 32:23, 39:1, subscribed 8:11, 8:15, 40:18, 46:6 57:30 17:23, 18:21, statements subsections 32:2, 34:3, 58:16 6:5 34:22, 36:3 STATES 1:1 subsequent somebody station 41:7 25:13, 37:19 44:12 stay 48:14, substance Somebody1s 49:5 58:4 44:6 Steel 17:2, substantial sorry 50:13, 33:3 38:3 53:13 steps 39:8, substantially source 42:1, 39:9 40:16 42:6, 42:10, STIPULATED substitutes 50:15, 53:7 1:20, 2:1, 2:7, 26:8, 26:11 sources 2:14 successes 27:12, 34:4 STIPULATIONS 26:10 south 10:8, 1:19, 5:5, 5:13 sued 30:20 11:9, 11:9, stop 25:3 suggestion 11:11, 11:16, stormwater 44:1 11:19, 12:5, 9:18, 9:20, 10:4, suit 7:7 12:18, 12:20, 10:18, 12:5, supervision 20:20, 51:2, 52:714:1, 14:6, 51:B, 57:19 Southern 1:3 51:8, 54:4 supervisor _ _ _ _ _ _ _ _ _ 1.3 . . 27:10, 27:22 thereafter 49:2 supplement 57:18 truth 57:12, 47:18 thereof 57:2757:12, 57:13, surface 10:7 thereto 2:13 58:15 surficial thinking 45: 9 try 53:5 54:8 though 28:2 trying 16:3, surrounding three 9:22, 18:1, 18:5, 11:3 16:10, 20:4, 18:20, 19:10, surveys 45:3 20:6, 23:1, 23:1,,38:20, 45:5, SWMU 11:13 23:16, 24:7, 45:8, 54:16 swore 58:15 24:8, 41:11, TSCA 39:13 sworn 5:11, 47:23 Tucker 27:10 57:12 three. 23:17 Tull 36:22, system 11:20,, tissues 25:2037:20, 38:2, 11:21, 14:6 today 23:2, 39:15, 39:18, 28:15, 38:14 39:21, 40:9, together 58:540:15, 40:19 <T > tons 26:16 two 6:5, taken. 55:21 took 55:3 9:22, 12:3, talked 15:21,, top 11:8, 17:11, 19:21, 22:7, 22:7, 12:3, 14:3, 51:4,,27:12, 35:7, 22:11, 26:23, 51:17, 52:4, 48:13, 48:20, 45:9, 48:5, 52:8, 53:23 49:8, 55:19 50:23, 54:12 tracks 13:3, two. 19:19 technically 13:9, 13:12 18:8 tract 12:10 temperature transcript <U > 53:6 57:21 U. 20:19 ten 9:3 transcription ultimately tenure 24:12 57:19 9:19, 10:2, 15:4, term 54:22 transport 20:13, 38:1, terms 7:23 49:10 39:8, 51:12 testified traveling understand 5:12 51:22 6:15, 6:21, 6:23, testify treating 51: B10:15, 25:8, 17:11, 33:19, tree 24:3, 25:9, 25:19, 57:12 48:9, 48:14, 25:21, 29:20, testimony 48:22, 49:2 30:2, 30:23, 19:15, 31:1, trial 2:12 35:11, 38:8, 35:8, 35:22, tributaries 38:16, 38:20, 38:11, 43:13, 21:12 38:22, 43:6, 45:17, 58:2, true 32:19, 47:20 58:3, 58:5 48:3, 48:8, understanding testing 8:2 49:19, 57:21, 6:17, 6:18, 15:1, there's 9:22,,58:17 16:11, 24:9, 16:5, 26:16 trunk 48:23, 28:7, 37:8, u 37:23, 3B:5, view 31:15 52:19 44:22, 45:18, visited 36:13 whole 57:12 55:7 wide 47:22 undertaking will 6:6, 29:12 <w> 7:2, 10:14, Undertook waived 2:3, 10:15, 10:16, 25:14, 25:18, 2:16 16:7, 17:20, 25:22, 26:2, Walker 20:15 1B:2, 18:15, 26:5, 26:7, waste 9:8, 19:12, 23:18, 26:18, 39:10, 9:13, 9:17, 10:1, 23:22, 33:13, 51:2 12:13, 18:18 35:20, 43:11, unfortunately water 9:8, 44:8, 44:10, 11:23 10:1, 10:7, 44:15, 44:17, Union 17:4, 12:13, 21:12, 46:18, 46:21 19:1, 20:1, 20:2, 25:21, 53:18 willing 23:18 31:22, 33:4 waters 12:13 wind 53:7 unions 30:20 50:16 wise 38:23 UNITED 1:1 wax 45:21, withdrew upper 16:12 45:23 50:18 upstream ways 49:8 within 17:16, 15:17, 16:7, weeks 46:22 21:2, 26:15, 19:11, 20:5, West 10:2, 46:18 20:10, 20:11, 12:16, 13:2, Without 33:4, 33:14, 13:21, 14:8, 38:23, 40:6 33:19 14:8, 15:14, WITNESS 2:3, uses 25:23, 15:20, 15:23, 5:7, 6:2, 35:9, 26:3, 26:3, 45:1818:19, 19:4, 37:3, 37:4, using 31:2, 19:8, 21:8, 38:12, 43:2, 32:8, 34:5, 46:4 22:13, 22:22, 43:2, 57:10, Usual 5:13 36:16, 46:12, 57:30 52:6 word 23:18, western 48:9 23:22, 40:17, <V> whatever 44:17 vaguely 19:3 14:19, 16:8, work 11:5, Valley 17:2, 19:17, 32:23, 11:7, 27:13, 33:3 52:23, 54:22, 27:19, 34:3 vaporized 55:9 worked 50:14 48:22 whatsoever working 27:20 variety 51:9 9:6, 22:6 various 7:14 WHEREOF 57:30 7:22, 18:20, whereupon 5: 9 <Y> 21:11, 21:16, Whether 8:17 year 26:21 22:8, 22:17, 9:4, 20:5, 21:20, years 7:15, 24:13, 24:14, 23:3, 30:16, 9:3, 9:3, 25:12, 30:19, 45:3, 48:931:4, 32:15, 26:18, 46:22 VERSAR 45:5 32:16, 52:7, _ _ _ _ _ _ _ _ _ Li <z> zone 23:1, 23:1, 23:8, 23:16, 23:13, 24:6, 24:8 zones 22:8, 22:12 < Dates > 4/24/04 57:39 august, 2003. 57:31, 57:31 u WATER PCB-SD0000008359