In Re: Methyl Tertiary Butyl Ether ("MTBE") Products Liability Litigation

Filing 4625

MEMORANDUM OF LAW in Opposition re: (609 in 1:08-cv-00312-VSB-DCF) MOTION to Dismiss . . Document filed by New Jersey Department of Environmental Protection, The Commissioner of the New Jersey Department of Environmental Protection. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2 part 1 of 4, # 3 Exhibit 2 part 2 of 4, # 4 Exhibit 2 part 3 of 4, # 5 Exhibit 2 part 4 of 4, # 6 Exhibit 3, # 7 Exhibit 4, # 8 Exhibit 5, # 9 Exhibit 6, # 10 Exhibit 7)Filed In Associated Cases: 1:00-cv-01898-VSB, 1:08-cv-00312-VSB-DCF.(Kaufmann, Leonard)

Exhibit 3

1
UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEW JERSEY
CIVIL ACTION NO. 15-6468 (FLW)(LHG)

__________________________
NEW JERSEY DEPARTMENT OF
ENVIRONMENTAL PROTECTION,
et al.,
Plaintiffs
v.
AMERADA HESS CORPORATION,
et al.,
Defendants
--------------------------

:
: DAUBERT HEARING
:
: JANUARY 9, 2019
:
: VOLUME 1
:
:
:

CLARKSON S. FISHER UNITED STATES COURTHOUSE
402 EAST STATE STREET, TRENTON, NJ 08608
B E F O R E:

THE HONORABLE FREDA L. WOLFSON, USDJ

A P P E A R A N C E S:
MILLER & AXINE, PC
BY: DUANE C. MILLER, ESQUIRE
-andCOHN LIFLAND PEARLMAN HERRMANN & KNOPF, LLP
BY: LEONARD Z. KAUFMANN, ESQUIRE
-andSTATE OF NEW JERSEY
DEPARTMENT OF ENVIRONMENTAL PROTECTION
BY: GWEN FARLEY, DEPUTY ATTORNEY GENERAL
-andBERGER MONTAGUE
BY: TYLER E. WREN, ESQUIRE
On behalf of the Plaintiffs
(Continued.)

* * * * *
VINCENT RUSSONIELLO, CCR
OFFICIAL U.S. COURT REPORTER
[phone]

2

A P P E A R A N C E S

C O N T I N U E D:

WEIL, GOTSHAL & MANGES, LLP
BY: DAVID J. LENDER, ESQUIRE
-andARCHER & GREINER, PC
BY: CARLOS M. BOLLAR, ESQUIRE
On behalf of Defendants ExxonMobil Corporation and
ExxonMobil Oil Corporation
GOODWIN PROCTER, LLP
BY: MARK E. TULLY, ESQUIRE
On behalf of Defendants Gulf Oil Limited Partnership
and Cumberland Farms, Inc.

3

C E R T I F I C A T E

PURSUANT TO TITLE 28, U.S.C., SECTION 753, THE
FOLLOWING TRANSCRIPT IS CERTIFIED TO BE AN ACCURATE
TRANSCRIPTION OF MY STENOGRAPHIC NOTES IN THE
ABOVE-ENTITLED MATTER.

S/Vincent Russoniello
VINCENT RUSSONIELLO, CCR
OFFICIAL U.S. COURT REPORTER

4
M O R N I N G

1

S E S S I O N

2
3

(In open court.)

4

THE DEPUTY CLERK:

5

THE COURT:

6

Everyone may be seated.

All rise.

Thank you.
I'll have the

7

appearances of counsel who will be doing the

8

questioning this morning.

9

MR. MILLER:

10
11

Good morning, your Honor.

I'm Duane Miller on behalf of the State of New
Jersey.

12

THE COURT:

Okay.

13

MR. KAUFMANN:

Leonard Z. Kaufman of Cohn,

14

Lifland, Herrmann & Knopf, Saddle Brook, New Jersey,

15

on behalf of plaintiff.

16
17
18
19

MS. FARLEY:

Gwen Farley, Deputy Attorney

General, State of New Jersey.
MR. WREN:

Tyler Wren, Berger Montague, on

behalf of the State of New Jersey.

20

MR. LENDER:

21

David Lender from the law firm of Weil,

22

Good morning, your Honor.

Gotshal & Manges for ExxonMobil.

23

MR. BOLLAR:

24

Carlos Bollar from Archer & Greiner on behalf

25

of ExxonMobil.

Good morning, your Honor.

5
1

MR. TULLY:

2

Mark Tully from Goodwin Procter for Cumberland

3

Good morning, your Honor.

Farms and Gulf Oil Limited Partnership.

4

THE COURT:

Thank you.

5

Everyone else who is here has signed in.

So

6

we have documentation of your appearance here today.

7

I only wanted the appearances of those who will

8

actually be participating in the hearing.

9

My understanding is that essentially the

10

questioning is going to be done by Exxon and perhaps

11

some by Cumberland Farms, and a number of sites are

12

not going to be inquired about by other parties, so

13

that the hearing is going to be truncated really from

14

how many days we thought we would have.

Correct?

15

MR. MILLER:

16

THE COURT:

17

(Brief discussion off-the-record discussion.)

18

THE COURT:

19

MR. MILLER:

20

THE COURT:

21

MR. MILLER:

22

(Continued on the next page.)

23
24
25

///

Correct.
Off the record.

All set?
Yes, your Honor.
Present your witness, please.
Anthony Brown.

Brown - Direct/Mr. Miller

6
1

ANTHONY BROWN, called as a witness on behalf of the

2

plaintiff, having been first duly sworn, testified as

3

follows:

4
5

THE COURT:

You may proceed.

6

MR. MILLER:

7

We premarked the witness' 2013 and 2017

Good morning, your Honor.

8

reports as Exhibits 1 and 2 for the record for

9

identification.

10

THE COURT:

11

MR. MILLER:

12

All right.
And then Exhibits 3, 4 and 5 are

Power Points.

13

I have a courtesy copy for the Court.

14

THE COURT:

I'll take that.

It appears that

15

it's generally been excerpts that have been provided

16

in the briefing.

17

me as well so I don't have to dig through various

18

excerpts?

19

So do you have a full report to give

I was hoping you were bringing that today.

MR. MILLER:

Yes, your Honor.

As you can see

20

by the thickness of the binder, it is a full report, I

21

believe.

22

THE COURT:

You don't have to send it up to

23

me.

But then I would appreciate, if you are going to

24

be referring to a particular page, that you're either

25

going to put it on the screen or give me that page so

Brown - Direct/Mr. Miller

7
1

I don't have to hunt through which exhibit it was to

2

find it.

3

MR. MILLER:

Yes, your Honor.

I don't

4

anticipate personally using the reports.

5

them for the record.

6

I'm marking

I assume counsel may question the witness

7

about the reports, so I thought it would be

8

convenient.

9

THE COURT:

That's fine.

I'm assuming if they

10

are going to go to a particular page as well, they

11

will be able to put it up for me.

12

MR. MILLER:

13

THE COURT:

Yes.
Okay.

14
15

DIRECT EXAMINATION

16

BY MR. MILLER:

17

Q.

Good morning, Mr. Brown.

18

What is your profession?

19

A.

Good morning.

20

Q.

Could you briefly explain what that science

21

entails.

22

A.

23

study of water as it appears on the surface and below

24

the surface of the earth.

25

Q.

Certainly, yes.

I am a hydrologist.

Hydrology is the scientific

Could you briefly describe for us your

Brown - Direct/Mr. Miller

8
1

educational background, particularly in that field.

2

A.

3

Yes.
I have an undergraduate degree from Kings

4

College, London, United Kingdom, in geography, with

5

primarily a focus on hydrology, geomorphology, and

6

soil science.

7

In addition, I have a postgraduate diploma in

8

civil engineering from Imperial College, London, and a

9

Masters of Science Degree in engineering hydrology

10

from Imperial College, London.

11

Q.

12

English universities, could you give us some

13

indication of its stature, please?

14

A.

15

science and engineering university within the U.K..

16

I'm sure Imperial would argue it's within the world.

17

But I think Cal Tec and MIT are probably the other two

18

comparable institutions within the United States.

19

Q.

20

universities?

21

A.

22

Imperial is actually with MIT.

23

Q.

24

environmental engineering firms?

25

A.

Since we're not necessarily familiar with

Certainly, yes.

Imperial would be the premier

Do you actually exchange students with those

Yes.

The majority of research collaboration of

Now, in the past have you held positions with

Yes.

I finished my graduate work in 1988, and

Brown - Direct/Mr. Miller

9
1

since then I have been working as a groundwater

2

consultant.

3

Q.

Were you with the Worley Parsons firm?

4

A.

Yes.

5

which eventually became called Komex.

6

company to Worley Parsons, who is a very large global

7

oil and gas consulting firm.

8

Q.

What was your position with Worley Parsons?

9

A.

I ran their global infrastructure and

I actually started my own company in 1992
We sold that

10

environment business sector, which is about 3,500

11

employees worldwide.

12

acquisitions and strategic developments for the

13

Americas.

14

Q.

15

with the subject of MTBE?

16

A.

17

time, starting in the early 1990s right up to the

18

current time, I have been working almost consistently

19

on projects that involve MTBE contamination.

20

Q.

21

governmental agencies concerning MTBE?

22

A.

23

various states that have filed claims related to MTBE

24

contamination of groundwater resources, as well as

25

county and municipal clients who, again, having to

And I also handled mergers and

Now, have you spent part of your career dealing

Yes.

I have spent a considerable amount of

Have you been consulted or provided advice to

Yes.

I have government clients, particularly

Brown - Direct/Mr. Miller

10
1

deal with MTBE contamination of water supplies.

2

THE COURT:

Let me interrupt.

3

Mr. Miller, all of this background, if this is

4

going to his qualifications, there is no objection to

5

his qualifications it's my understanding from having

6

read the Daubert papers.

7

MR. TULLY:

That's correct, your Honor.

8

THE COURT:

I have all that material.

9

him qualified.

I find

If you want to proffer the areas he is

10

in, I know there is no objection, let's just do it,

11

and we can go on to the substance of the testimony.

12

MR. MILLER:

That's fine, your Honor.

13

BY MR. MILLER:

14

Q.

15

expert witness in this case?

16

A.

17

areas of groundwater hydrology and groundwater

18

restoration.

Mr. Brown, in what areas are you acting as an

I'm providing expert witness testimony in the

19
20

MR. MILLER:

We would offer him as an expert

in those fields, your Honor.

21

THE COURT:

My understanding is that there is

22

no objection to his qualification in those areas.

23

that correct?

24
25

MR. LENDER:
motions.

Not referring to the Daubert

We didn't move on that basis.

Is

Brown - Direct/Mr. Miller

11
1

THE COURT:

Exactly.

2

MR. TULLY:

Correct, your Honor.

3

THE COURT:

All right.

He will be accepted as

4

the expert in those areas, and we'll get to the actual

5

opinions.

6

BY MR. MILLER:

7

Q.

8

experience.

9

Mr. Brown, I want to go briefly over your

Have you worked with oil companies dealing

10

with contamination?

11

A.

12

companies during the course of my career.

13

the majority of work was for originally Mobil Oil

14

Corporation, now ExxonMobil.

15

Q.

16

contamination from gasoline at service stations?

17

A.

18

investigation and remediation programs at over 100

19

service station sites and numerous field terminals,

20

pipeline releases and refineries.

21

Q.

22

investigate and proposed programs to clean up those

23

sites, is that also something that you did for this

24

case?

25

A.

Yes, I have.

I have worked for a variety of oil
I would say

In doing that work, have you dealt with

Yes, I have.

I've implemented actually

The technique or method that you used to

Yes.

The methodologies I would use in

Brown - Direct/Mr. Miller

12
1

evaluating those sites would be identical to those

2

that I used in this matter.

3

Q.

4

to discuss this morning that you employed in this

5

case, are they generally accepted?

6

A.

7

consultant or even any expert would use when

8

evaluating any contaminated site including those

9

contaminated with MTBE and other gasoline

In terms of the methodologies that we're going

Yes.

These are the methodologies that any

10

constituents.

11

Q.

12

going to cover something extremely briefly.

13

matter that relates to qualifications.

14

to the next slide.

15

Now, if we could turn to the slides.

We're
This is a

So could we go

It mentions that you went to the White House

16

to advise them on MTBE?

17

A.

18

was invited to present at the White House.

19

Q.

20

It is, yes.

Is that correct?

Under the Clinton administration I

Could we have the next slide, please.
We're going to be using some terms and one of

21

them is the "vadose zone."

22

is briefly, please?

23

A.

24

we can see this brown line is the ground surface, and

25

there is a tree growing here.

Certainly, yes.

Can you explain what that

If we refer to the figure here,

And initially when one

Brown - Direct/Mr. Miller

13
1

moves through the subsurface, there is an area of the

2

subsurface where the pore spaces -- that is the voids

3

between the soil grains or the facies in the rock are

4

not completely saturated with water, and that's

5

referred to as either the "unsaturated zone" or the

6

"vadose zone".

7

where the pore spaces as can be seen here are

8

completely saturated with water, and that's what we

9

call the "groundwater zone" or it's referred to as an

And then eventually we move to a point

10

"aquifer."

11

Q.

Is there a transition zone between the two?

12

A.

Yes.

13

the "capillary fringe," which is saturated with water

14

but it's under negative pressure.

15

Q.

16

be using today, we're going to be focusing on both the

17

"vadose zone" and the "saturated zone."

18

correct?

19

A.

20

discussion today I would assume would be related to

21

the groundwater.

22

Q.

23

cases that we're going to discuss this morning, what

24

geological settings are we talking about?

25

A.

There is a small transition zone called

And in terms of the terminology we're going to

To a degree, yes.

Is that

However, the majority of the

Now, the settings in New Jersey that relate to

Perhaps if we go to the next slide, this slide

Brown - Direct/Mr. Miller

14
1

depicts some of the typical geologic materials we

2

would see in the State of New Jersey.

3

basically two types of geologic materials:

4

There are

The first I'll refer to as "unconsolidated

5

sediments," and these are comprised of sands, gravels

6

silts, and clays.

7

form of rock.

8

might see at the beach.

9

these yellow areas on the slide being the sands, and

So they are not cemented into any

They are just like a loose sand you
These are depicted here as

10

in this case a till which is a glacial deposit of more

11

finer grained material.

12

The other type of geologic material we see

13

here in New Jersey is competent bedrock, solid rock.

14

Here, while some bedrock has what's referred to as

15

primary porosity, that is some pore space, the

16

majority of the bedrock contains water in fractures.

17

These are cracks in the rock that are usually

18

vertical, subvertical, or horizontal, and the water

19

enters these fractures rather than moving through

20

interconnected pores.

21

variable in its location within the fractured rock.

22

Q.

23

of fractured rock we have here in New Jersey.

24

correct?

25

A.

So the water is much more

And you can actually develop a well in the type

That's correct.

Is that

There are many large municipal

Brown - Direct/Mr. Miller

15
1

water supply wells in fact that are completed into

2

bedrock aquifers.

3

the pores in unconsolidated sediments, any well will

4

essentially draw water from throughout the entire area

5

of the sediments; whereas in fractured rock it will

6

only draw water from the fractures that well connects

7

with.

8
9

Because of the interconnection of

So if we have a well, say, this one on the
right, it only connects to one fracture.

Therefore,

10

its yield will be quite low; whereas, the well here

11

just to the left of it intersects many water bearing

12

fractures.

13

yields when it's pumped.

14

Q.

15

subsurface, the fractured rock versus the

16

unconsolidated materials, which of the two is more

17

complex to understand when you are dealing with

18

contamination?

19

A.

20

complex because one has to understand the orientation,

21

the density of the fractures, as well as the general

22

groundwater conditions.

23

Q.

24

where MTBE may be present in the subsurface, that is

25

when it enters fractured rock environments?

Therefore, it will have much higher water

If we compared the two types of deposits in the

Certainly the fractured rock is much more

And does that affect your ability to predict

Brown - Direct/Mr. Miller

16
1

A.

Yes, it does.

Perhaps an example:

In my career

2

I worked on a major gasoline spill from a pipeline;

3

consulting work I was performing for Shell in

4

Kankakee, Illinois, where they had a release from the

5

pipeline.

6

the plume would go in one direction.

7

fractures were oriented about 45 degrees to the

8

groundwater flow.

9

moved 45 degrees and contaminated wells that no one

The groundwater flow direction suggested
However, the

Therefore, the plume had actually

10

had expected would be contaminated.

11

Q.

12

the information you need to have and consider it to

13

predict the movement of MTBE in the subsurface.

14

that correct?

15

A.

16

valuable.

17

areas just because any surface expression of those

18

fractures is no longer evident.

19

Q.

So understanding fracture orientation is part of

Is

Where one can identify that, that is very
It's very difficult to do actually in urban

If we could turn to the next slide, please?

20

We're not going to go through each of these

21

bullets.

But basically you were retained in 2012 to

22

work on this case and to evaluate each of the original

23

19 sites.

24

A.

Yes, that is correct.

25

Q.

Today you are prepared to discuss a subset of

Is that correct?

Brown - Direct/Mr. Miller

17
1

those, a total of four, but two you will be testifying

2

on this morning.

3

A.

That's my understanding, yes.

4

Q.

Could you explain what your assignment was

5

briefly, please, in this case?

6

A.

7

Correct?

Yes.
We would review information pertinent to the

8

trial sites, and based upon that review of both

9

regional and site-specific information, at certain

10

trial sites we identified some real critical data

11

gaps.

12

And for all of the sites where there was off-site

13

groundwater contamination, we evaluated what would be

14

feasible and technical technologies to restore the

15

groundwater to a pre-discharge condition.

16

Q.

You used the term "we."

17

A.

I apologize.

18

It's a small firm of about 12 staff.

19

work would be performed by staff under my direction.

20

Q.

21

what were you trying to get, what type of information?

22

A.

23

sets: The first would be regional information that

24

would allow us to develop essentially what we refer to

25

as a site setting.

Therefore, we implemented field investigations.

Okay.

Could you explain?

I have my own consulting firm.
So some of the

In terms of your evaluation of the data,

As I indicated, there would be two types of data

So regional hydrogeology, regional

Brown - Direct/Mr. Miller

18
1

groundwater flow conditions.

2

Q.

3

predictions at a specific site?

4

A.

Very useful, yes.

5

Q.

Could you briefly explain it.

6

A.

Certainly, yes.

7

Is regional information useful in making

For example, groundwater, essentially, in

8

general, moves from what are referred to as areas of

9

recharge -- that's where there is water recharging the

10

aquifer -- to areas of discharge, and those discharge

11

locations are usually large water wells that are

12

pumping or a surface water body that's being supplied

13

with groundwater.

14

recharge and areas of discharge will often drive the

15

flow from one to the other.

16

That relationship between areas of

So it's important to understand that on a

17

regional basis.

18

essentially drive a lot of the groundwater flow.

19

Q.

20

direction of groundwater flow and why is it important

21

to do that?

22

A.

23

groundwater flow.

24
25

So where are the wells that will

How does someone in your field determine the

So there are essentially two ways to evaluate

The first would be an inferred flow based upon
that recharge/discharge relationship.

So if we know

Brown - Direct/Mr. Miller

19
1

we have large water supply wells, it's pretty clear

2

that the flow around those wells -- it could be many

3

miles -- would be towards those wells.

4

Now, we also could use actual site data where

5

we have installed monitoring wells.

6

that are not wells to produce groundwater but just

7

monitor the groundwater.

8

water levels in those wells, and from those

9

measurements we can determine the groundwater surface

10

and gradient, so we know based on those measurements,

11

just as if you were measuring the elevation on a hill,

12

where is the down-gradient direction.

13

These are wells

We can actually measure the

So we can use both site data and inferred

14

regional information to determine the direction of

15

groundwater flow.

16

Q.

So basically groundwater is flowing downhill?

17

A.

Essentially, yes, in simple terms.

18

to other factors, but, generally, topography is one of

19

the key factors in evaluating groundwater flow.

20

Q.

21

well here, and it's higher than a point here, what

22

inference do you draw based on the science that you

23

are part of?

24

A.

25

groundwater will always move from a condition of high

It's related

So if you measure the groundwater level in a

One of the key elements of hydrology is that

Brown - Direct/Mr. Miller

20
1

hydraulic head, high elevation, to a condition of low

2

hydraulic head.

3

say it flows downhill.

4

Q.

You used the term "head."

5

A.

"Head" is just the reference to, in this case,

6

evaluation within an unconfined aquifer versus

7

elevation plus pressure within a confined aquifer.

8

Q.

9

the fractured rock, do you use the same approach to

That's a lower elevation.

So as you

What does that mean?

And then if we go to the other setting, which is

10

determine the direction of flow or is it more complex?

11

A.

12

complicated because one can first measure the actual

13

groundwater flow direction based on elevations.

The

14

groundwater can only flow within the fractures.

So

15

the fractures may have an orientation that is slightly

16

different than the overall groundwater flow field.

17

As I indicated earlier, it's a little more

I'll give an example.

If you are standing at

18

the top of the hill, and you want to drive down the

19

hill, the most direct way is straight down the hill.

20

However, if the road zigzags all the way down the

21

hill, as might be a fracture network, you have to

22

follow the road.

23

Q.

24

from several miles away.

25

you explain that briefly?

Okay.

You mentioned that a well can draw water
How does that work?

Could

Brown - Direct/Mr. Miller

21
1

A.

2

Certainly, yes.
When a groundwater well starts to pump water,

3

it essentially lowers the groundwater, the elevation

4

in the vicinity of the pumping well, and it creates

5

what's referred to as a cone of depression.

6

essentially as it withdraws water from the aquifer, it

7

creates a cone around the well.

8

around the well is being depleted of water because it

9

is being pumped; and as the pumping continues, that

So

That is the area

10

cone gets deeper and gets very, very wide because it's

11

drawing water from a very large area.

12

Q.

13

water surface?

14

A.

That is correct, yes.

15

Q.

And that depression causes the water to move

16

toward the well?

17

A.

That is absolutely correct, yes.

18

Q.

Now, in this case, in addition to evaluating the

19

setting and the sites, you were asked to evaluate

20

feasible and practical technologies to restore the

21

groundwater to a pre-discharge condition.

22

start with, what is a "pre-discharge condition"?

23

A.

24

the groundwater prior to the release of the

25

pollutants.

In effect, it creates its own depression in the

I want to

A pre-discharge condition would be the state of

Brown - Direct/Mr. Miller

22
1

Q.

So in this case we are talking about MTBE.

2

that naturally present in groundwater?

3

A.

No, it is not.

4

Q.

Is it primarily associated, based on your

5

expertise and experience, with gasoline stations and

6

similar sources of gasoline releases?

7

A.

8

oxygenate in reformulated gasoline.

9

Q.

What is "reformulated gasoline"?

10

A.

Essentially, it's gasoline that had its basic

11

formula adjusted by the addition of an oxygenate, and

12

the most common oxygenates are either ether

13

oxygenates, MTBE being far the most common, or

14

alcohol-based oxygenates, most notably ethanol.

Yes.

15

Is

MTBE was most predominantly used as an

Now, originally, those compounds were added to

16

enhance the octane value of the fuel, make it burn

17

more efficiently.

18

Act amendments, it was required to add an oxygenate to

19

gasoline in certain areas of the country.

20

And then in response to Clean Air

Now, those areas coincided with most of the

21

population and most of the refineries.

So oxygenated,

22

reformulated gasoline in response to the Clean Air Act

23

amendments was widely used throughout the United

24

States.

25

Q.

Roughly what percentage of the gasoline was MTBE

Brown - Direct/Mr. Miller

23
1

and this reformulated gasoline you described?

2

A.

3

gasoline, between 11 and 15 percent by volume.

4

Q.

5

gasoline during the period of time that MTBE was in

6

gas?

7

A.

Yes, by far.

8

Q.

Are there other industries unrelated to gasoline

9

that are known to be sources of MTBE releases?

It varied depending on the grade of the

Was that the single largest constituent in

10

A.

The only other ones would be the chemical plants

11

where they are actually making the MTBE.

12

that, the uses are very, very minor.

13

identified a contamination source other than a

14

gasoline release when it comes to MTBE contamination

15

of groundwater.

16

Q.

17

the feasibility of technologies to restore groundwater

18

for this case?

19

A.

Yes, I did.

20

Q.

Did you do it for the two sites we are going to

21

discuss this morning?

22

A.

23

feasibility evaluation that addressed all of the

24

sites, and evaluated eight different technologies that

25

could be used to restore the groundwater.

Okay.

Yes.

Other than

And I never

Now, did you come up with and evaluate

We prepared actually an initial

And then we

Brown - Direct/Mr. Miller

24
1

considered that on a site-specific basis, so for each

2

of the sites based on the conditions at that site,

3

which would be the most appropriate technology to use

4

to restore the groundwater to a pre-discharge

5

condition at that particular site.

6

Q.

7

practical?

8

A.

9

feasibility analysis, evaluate the feasibility based

Did you consider whether those technologies were

Yes.

Essentially, the guidelines for doing a

10

on three criteria: effectiveness, implementability,

11

and cost.

12

implementability together determine whether the

13

technology is practical.

14

Q.

15

a minute.

16

Essentially, effectiveness and

We're going to go into that more specifically in
If we can go to the next slide, please.

This describes briefly your overall approach

17

in doing the work in this case and other matters.

18

that correct?

19

A.

20

that the methodology that I used in this particular

21

matter is identical to the methodologies that I have

22

used in many other projects.

23

every contaminant project that I work on, I use the

24

same procedures.

25

Q.

Correct, yes.

Is

It describes essentially the fact

In fact, just about

Is that true for when you were working on

Brown - Direct/Mr. Miller

25
1

gasoline station sites for the oil industry, that you

2

used the same procedures?

3

A.

Yes, it would be the identical procedures.

4

Q.

And the experts for the defendants that prepared

5

reports in this case, you reviewed them?

6

A.

I did, yes.

7

Q.

Did they use the same procedures that you did?

8

A.

Yes.

9

are used by all consultants when evaluating a

Essentially, these are the procedures that

10

contaminated site.

11

Q.

12

industry?

13

A.

14

Q.

15

consider a remediation restoration, here you've got

16

sites that you evaluated.

17

you done this type of analysis for?

18

A.

19

of the implementation of the actual investigation and

20

remediation programs at over 150 contaminated sites,

21

of which about 100 would be gasoline release sites,

22

and the others would be other types of contaminants.

23

I've also used the methodologies to evaluate

Do you currently have clients in the oil

Yes, I do.
And when you are evaluating conditions to

Approximately how many have

So I have actually used the methodology as part

24

conditions at over 500 contaminated sites, of which

25

300 or more would be gasoline release sites.

This

Brown - Direct/Mr. Miller

26
1

would be where I was working for a party that was not

2

the responsible party for contamination but had been

3

impacted by the contamination.

4

agency, a county government, or a municipal

5

government.

6

Q.

7
8

Okay.

For example, a state

Let's go to the next slide, please.

Further discussion of the overall approach
that you took in this case.

9

Did the experts for the defense arrive at the

10

same conclusions you did if they used the same

11

methodology?

12

A.

13

similar if not identical.

14

cases they used the same methodology but they reached

15

a different conclusion based upon their analysis.

16

Q.

17

did you do some investigative work in this case?

18

A.

19

The first would be the review and analysis of existing

20

information.

21

investigations where we went to a site and drilled

22

monitoring wells and collected samples in some other

23

way.

24

Q.

25

reports in 2013 and 2017 that you had the information

In some cases, some of the conclusions are
I would say many of the

Now, in terms of implementing an investigation,

Yes.

We did two types of investigative work.

The second would be actual field

Did you believe before you rendered your expert

Brown - Direct/Mr. Miller

27
1

you needed to form your opinions?

2

A.

Yes, I did.

3

Q.

Now, let's go to the methodology itself.

4

The first item you list out of four is

5

understanding the site setting and identifying

6

receptors or potential receptors.

7

what is a "receptor"?

8

A.

9

three things.

In this context,

So a receptor in this context could be one of

10

The first could be the groundwater itself, and

11

that it has been impacted by the pollution, so it is a

12

receptor.

13

The second might be a water supply well, which

14

could be a domestic well for a single residence or a

15

large municipal well that is either impacted or

16

threatened by that contamination.

17

The third would be perhaps a surface water

18

body, such as a stream or a lake or a wetland where

19

groundwater recharges that surface water body, and

20

there is a risk that the contamination could move with

21

the groundwater and contaminate that surface water

22

body.

23

Q.

24

contaminants of concern.

In this case, there are two

25

contaminants of concern.

Is that correct?

The next step in the process is to evaluate

Brown - Direct/Mr. Miller

28
1

A.

There are two particular contaminants we are

2

concerned about.

3

methyl tertiary butyl ether, and the second is

4

tertiary butyl alcohol, or TBA.

5

Q.

Is TBA also an oxygenate for gasoline?

6

A.

It had been used either directly as an

7

oxygenate, but it is also present as essentially an

8

impurity within MTBE, and it also is a degradation

9

product of MTBE.

The first we mentioned is MTBE,

10

Q.

11

some concern about and regulates it just as it does

12

MTBE?

13

A.

That is correct.

14

Q.

Now, did you consider the applicable regulations

15

in New Jersey that applied to those two chemicals in

16

evaluating evidence in this case?

17

A.

I did, yes.

18

Q.

Why would it be important to understand the

19

level the government is concerned about on a

20

regulatory basis in doing your work?

21

A.

22

Is that also a chemical that the government has

There are two considerations.
The first is the government essentially

23

establishes risk-based levels; that is, some

24

concentration that they believe there is an acceptable

25

risk for consuming or being exposed to that particular

Brown - Direct/Mr. Miller

29
1

chemical below a certain concentration, and that is

2

referred to on the national level as a maximum

3

contaminant level or an MCL.

4

Q.

5

water?

6

A.

7

supply, a purveyor of that drinking water must comply

8

with the standards that are imposed either by the

9

federal or state government; and usually most water

Do MCLs apply, for example, to public drinking

That is correct.

So for a public drink water

10

utilities, if they reach 50 percent of that standard

11

have to implement some kind of mitigation, either

12

treatment or take the well offline, or some other

13

process to ensure they don't deliver that water in

14

those concentrations to their customers.

15

Now, if I could go back to the first question.

16

I had not quite finished.

17

Q.

Sorry.

18

A.

So the MCLs are a risk-base standard

19

essentially.

20

even below the MCL poses some risk, but they believe

21

it to be an acceptable risk.

22

Go ahead.

That is, they understand that exposure

The other standard is the point at which there

23

is no perceived public health risk, and that's

24

referred to at the federal level as a maximum

25

contaminant level goal, or an MCLG.

Brown - Direct/Mr. Miller

30
1

Now, in addition to those levels, many states

2

have what they refer to as a "nondegradation

3

standard," or, in the case of New Jersey, a

4

"pre-discharge standard."

5

State does not allow degradation of one of the State's

6

resources to any degree.

7

the cleanup of a particular resource, in this case,

8

groundwater, to a pre-discharge condition.

9

Q.

That is, essentially, the

Therefore, restoration is

And for a chemical like MTBE or TBA, is it your

10

understanding then in New Jersey, that level is

11

basically the level at which you can detect it in a

12

chemical laboratory?

13

A.

14

zero because it's not a naturally occurring compound,

15

but one is limited by the detection limit that a

16

laboratory has.

17

And that's called the "practical quantitation limit"

18

or PQL.

19

Q.

20

proposed programs in some sites where the groundwater

21

would be cleaned up.

22

A.

Correct, yes.

23

Q.

And in setting a cleanup program or planning it,

24

is it important to understand what the goal is in

25

terms of the concentration, what it should be?

Yes.

So by clear inference, the level should be

How low can it detect the compound?

When you prepared your reports in this case, you

Correct?

Brown - Direct/Mr. Miller

31
1

A.

It's very important.

That's essentially your

2

target, your end point.

3

Q.

4

versus restoration, what are we talking about?

5

A.

6

resource, in this case, groundwater to those

7

risk-based standards.

8

cleanup to the pre-discharge condition.

9

Q.

And in this case, when we talk about remediation

Essentially, remediation is the cleanup of a

Whereas, restoration is the

You indicate in your third step that you

10

followed in your methodology is to prepare a detailed

11

summary of site-specific information, and you list

12

four items that are part of that.

13

A.

14

that we implement as part of our review of

15

site-specific information.

16

Q.

17

understand the contamination that is present at a

18

site, you list that, and then you talk about

19

contaminant, fate, and transport.

20

terms in your field?

21

A.

22

based upon the existing data.

23

contamination?

24

concentrations?

25

from?

Yes.

Correct?

These are four of the typical elements

Obviously, one of the things you want to do is

Yes.

Are those technical

As you mentioned, the first step is just
Where is the

What is the magnitude?

What are the

Where was it potentially released

Brown - Direct/Mr. Miller

32
1
2

The second element, the bullet there, is:
Where might it go?

3

So what is the fate and transport?

Because of

4

MTBE's particular properties, it essentially goes

5

where the groundwater goes.

6

Q.

7

We'll cover that in a minute.
You also indicate another thing you do is

8

identify deficiencies in existing work and data gaps.

9

Why is that important?

10

A.

11

that might limit your ability to complete the

12

evaluation.

13

at some of the sites we did identify those and

14

actually implemented field programs.

15

Well, one needs to identify particular data gaps

Those would be critical data gaps.

And

In others there would be data gaps that would

16

not limit your ability to reach opinions and develop

17

restoration programs, but still need to be completed

18

at some point in the future or addressed.

19

Q.

20

and in some cases recommend additional investigation?

21

A.

22

investigation.

23

did actually recommend future additional investigation

24

does need to be performed.

25

Q.

And as part of your work, did you also consider

Yes.

In some cases we actually implemented
But in all of the remaining sites, we

Did you have as one of your resources of

Brown - Direct/Mr. Miller

33
1

information reports from consultants retained by oil

2

companies who had a release site and had done their

3

own investigation?

4

A.

5

information reviewed as part of our site-specific

6

analysis.

7

Q.

8

would you get that would help you review and summarize

9

site-specific information?

Yes.

I would say that was the majority of

Apart from that, what other types of information

10

A.

11

release events at a station.

12

underground storage tank removal programs or gasoline

13

piping replacement programs at each station.

14

may not be contained within the consultant reports but

15

they would be available for a particular site.

16

Q.

17

information to the extent it was available?

18

A.

We did, yes.

19

Q.

Let's turn to Step 1.

20

information.

21

There may be in fact some records of actual
There may be records of

These

Did you attempt to get all of that type of

This is the regional

Is this basically a listing of the types of

22

information that you use and consider in understanding

23

the regional setting?

24

A.

25

that one tries to identify and review.

It is.

This is some of the typical information
As we

Brown - Direct/Mr. Miller

34
1

mentioned, just the location and topography, the

2

geologic and groundwater conditions, the surface water

3

hydrology conditions; are there streams nearby that

4

could be receptors, for example?

5

supply wells, information on receptors, such as

6

domestic and municipal supply wells?

7

land use?

8

sit on top of the contaminant plume that might be

9

exposed to vapors coming from that plume?

10

Are there water

What's the local

So, for example, are there residences that

Basically, that forms essentially an

11

understanding of the region for the setting for a

12

particular site.

13

Q.

14

Let's go to the next slide.
Are there properties of MTBE that are

15

important to understand in making predictions about

16

how it will behave in the environment?

17

A.

18

within that gasoline has certain chemical properties

19

that make it behave quite differently than gasoline

20

that doesn't contain an oxygenate when it comes to a

21

release into the environment and its impact to

22

groundwater.

23

Q.

24

chemical is released is it can dissolve into

25

groundwater.

Yes.

Gasoline containing MTBE or the MTBE

So one of the things that can happen when a

Correct?

Brown - Direct/Mr. Miller

35
1

A.

Yes.

Often you hear the old adage, oil and

2

water don't mix.

3

constituents within oil that dissolve into the water

4

and particular MTBE is highly soluble in water.

5

you can have a transfer of the MTBE from the gasoline

6

that was released into the groundwater, so it

7

dissolves into that water.

8

Q.

9

it present in levels as high as millions of parts per

Unfortunately, they do.

Some of the

So

Is MTBE so soluble that you can literally find

10

billion?

11

A.

Yes, that is absolutely true.

12

Q.

Did that actually occur at some of the sites

13

that we are talking about?

14

A.

15

concentrations in the millions of parts per billion in

16

groundwater.

17

Q.

18

chemical when it enters the soil is that it can stick

19

to the soil.

20

A.

21

constituents that are essential bound to the soil

22

particles.

23

the soil.

24

that absorption.

25

Q.

It does.

Some of the sites we had

Now, one of the things that can happen with a

Yes.

Correct?
Particularly, there are certain gasoline

They absorb onto the organic carbon within
So therefore their movement is retarded by

In other words, they don't move very far?

Brown - Direct/Mr. Miller

36
1

A.

2

-- I should point out, gasoline contains numerous

3

constituents.

4

Q.

More than?

5

A.

On the order of 100, say, depending on the

6

gasoline.

7

chain hydrocarbons or branched chain hydrocarbons.

8
9

Correct.

Particularly longer chain hydrocarbons

But the majority of them are either long

MR. MILLER:

I don't want to do a deep drive

into chemistry today, your Honor.

I'm going to avoid

10

that.

11

A.

12

compounds.

13

atoms in each compound, the number of hydrogen atoms,

14

and how those atoms are structured.

15

have a large number of carbons, they absorb very

16

readily to the soil material.

17

don't move very far at all.

18

Q.

How does MTBE compare to those?

19

A.

Well, compared to those, first, it's highly

20

soluble, as we discussed, and, secondarily, it hardly

21

absorbs to the soil particles at all.

22

essentially, it moves through the subsurface with the

23

groundwater and it's unretarded.

24

movement is not restricted by natural processes as

25

much as the gas of the gasoline constituents.

(Continuing.)

Crude oil contains hundreds of

In each they vary in the number of carbon

Hydrocarbons that

So, therefore, they

So,

That is, its

Brown - Direct/Mr. Miller

37
1

Q.

Does it almost move at the same speed as the

2

groundwater itself?

3

A.

Pretty much, yes.

4

Q.

Another characteristic that you list is that it

5

doesn't volatilize from the groundwater.

6

important?

7

A.

8

groundwater, there is still the potential the compound

9

could volatilize from the water.

Why is that

So once a compound is dissolved into the

That's controlled by

10

a chemical term called "the Henry's constant."

11

MTBE, once it's in the groundwater does not want to

12

partition; that is, it doesn't want to volatilize from

13

the groundwater.

14

partition from groundwater into the overlying vapor.

15

Particularly, a concern here would be, say,

16

chlorinated solvents, like dry cleaning solvents.

17

Q.

18

groundwater?

19

A.

20

biodegradation rate; that is, how quickly it would be

21

broken down by natural microbes.

22

many of the other gasoline constituents.

23

And

Whereas other constituents will

Is MTBE persistent when it's dissolved into the

Yes.

Once it is in groundwater, its

It's much lower than

One of the things that became apparent in the

24

early-to-mid 1990s is that one of the other

25

constituents of concern in gasoline is benzene, but it

Brown - Direct/Mr. Miller

38
1

was realized in studies in the early 1990s.

Benzene

2

actually biodegrades reasonably well.

3

there aren't many very large plumes of benzene.

4

Whereas, because of its lack of biodegradation and its

5

other properties, there is a much larger number of

6

significant MTBE plumes from gasoline releases.

7

Q.

8

about MTBE, what does that tell us about how it will

9

behave in the subsurface?

Therefore,

Given the characteristics that we've discussed

10

A.

11

the groundwater.

12

pretty much at the rate of groundwater movement.

13

will be very poorly retarded, if at all.

14

persist for a long time because its biodegradation

15

rate is low.

16

So as we discussed, the MTBE will dissolve into
It will move with that groundwater
It

It will

So because of that generally MTBE plumes, when

17

one compares it to other gasoline constituents, will

18

be longer and larger, migrate much further and deeper,

19

because as it moves away, it moves down also and

20

persists longer.

21

Q.

22

longer, could you give us some scale that we're

23

talking about?

24

what?

25

A.

When we talk about persistence and persisting

Are we talking about years, decades,

Well, depending upon site-specific conditions,

Brown - Direct/Mr. Miller

39
1

it's at least decades.

2

more than a century.

3

Q.

In some cases, it may run to

Let's turn to the next slide, please.

4

In setting your targets to be achieved, did

5

you consider the groundwater quality standards that

6

apply here in New Jersey?

7

A.

Yes, I did.

8

Q.

And could you explain what they are for MTBE and

9

TBA, please.

10

A.

As I mentioned earlier, there are essentially

11

two types of standard.

12

applies to restoration, and that is the pre-discharge

13

condition.

14

but when limited by how low the labs can detect the

15

compound, and that is what we referred to earlier as

16

the PQL, the practical quantitation limit.

17

MTBE and TBA, it's 1 part per billion for MTBE, and

18

2 parts per billion for TBA.

19

Q.

20

your target, the PQL?

21

A.

That is correct, yes.

22

Q.

And then in terms of the drinking water standard

23

here in New Jersey.

24

A.

25

federal level, we have what are called MCLs.

The first is the standard that

That is, MTBE should not be there at all,

So for

And in developing a remediation program, is that

So the other standard we discussed was at a

Brown - Direct/Mr. Miller

40
1

Now, in New Jersey we also have standards that

2

they refer to as "groundwater quality standards."

3

Those are 70 parts per billion for MTBE, and 100 parts

4

per billion for TBA.

5

Q.

6

the responsible party is trying to clean up for the

7

site, which of those two goals are typically used?

8

A.

9

implemented by the responsible party, they are usually

Now, in doing a typical gasoline cleanup, where

So for a remediation program that's being

10

targeting the groundwater quality standards, that is,

11

the higher concentrations.

12

Q.

70 for MTBE?

13

A.

That is correct.

14

Q.

And in this case did you take a look at getting

15

the contamination down to restoration levels?

16

A.

17

combination of technologies that would eventually

18

restore the groundwater to that pre-discharge

19

condition, that is a target of the PQL.

20

Q.

21

a list of the types of information that you gathered.

22

Is that correct?

23

A.

24

series of substeps.

25

site-specific data, these are the steps one goes

Yes.

My goal was to evaluate technologies or a

Let's turn to the third step.

This is basically

It's actually, one could describe it as, a
So when one is evaluating the

Brown - Direct/Mr. Miller

41
1

through in completing that evaluation.

2

Q.

3

appropriate site-specific documents.

4

A.

5

the pertinent documents and data.

6

Q.

7

and remediation history also important for you?

8

A.

9

site both in terms of its general operational history

So your attempt is to gather all of the

Yes.

Is that correct?

That's the first step is pulling together

Why is the site history and site investigation

It's important to know what is being done at the

10

where that information is available, as well as the

11

history of investigation and remediation programs that

12

may have been implemented at that site.

13

So we see from the first investigation after

14

the current time, what has the responsible party been

15

doing at the particular site.

16

Q.

17

going through each of those items in detail.

I'm going to move on to the next one without

18
19

I think, in general, at least, they have been
conceptually discussed.

20

The next is a site conceptual model.

Is that

21

a tool that is used in your field, and why and how is

22

it used?

23

A.

24

consulting industry when evaluating groundwater

25

contaminant conditions.

Yes.

This is a term that's used within the

It essentially tries to

Brown - Direct/Mr. Miller

42
1

create a picture of the current conditions with

2

respect to contamination and the projected conditions

3

based upon the fate and transport of the

4

contamination.

5

THE COURT:

6

handout.

7

I don't have page 14 in my

up a 14.

8
9
10

I go from 13 to 15.

Do you want to hand me

(Pause.)
Q.

You have some terms there that are not

self-evident to me at least.

11

What is LNAPL listed as one of the sources

12

that you evaluate?

13

A.

14

Non-Aqueous Phase Liquid."

15

Q.

And as applied to gasoline, what does that mean?

16

A.

That is essentially pure gasoline as it's

17

present in the subsurface.

18

Q.

19

measure gasoline in a monitoring well, gasoline

20

itself?

21

A.

22

subject of this matter, there are actually monitoring

23

wells that have been installed where the pure gasoline

24

in the subsurface could be measured in the wells.

25

There was so much gasoline it was accumulating in the

"LNAPL" is an acronym that stands for "Light

Can you actually have a situation where you can

Yes.

In fact, at some of the sites that are the

Brown - Direct/Mr. Miller

43
1

wells.

2

Q.

Why would that happen?

3

A.

Essentially, the release had been large enough

4

that not all of the constituents could either absorb

5

to the soil particles or dissolve into groundwater.

6

So, therefore, there was still pure gasoline present

7

in the subsurface.

8

Q.

9

release?

I take it, that's an indication of a larger

10

A.

11

significant release.

12

Q.

13

gasoline in feet in a monitoring well at some of the

14

sites?

15

A.

16

multiples of feet, and I've worked on sites where

17

there have been over 10 feet of gasoline accumulated

18

in wells.

19
20

Yes.

That would be an indication of a very

Could you actually measure LNAPL or this pure

Yes.

At some of the sites it's accumulated in

THE COURT:

Are you speaking generally or

particularly as to any of the sites here?

21

THE WITNESS:

In certain sites there was

22

gasoline observed in wells, and it was measured in

23

feet.

24

not in this matter, I've actually seen gasoline of

25

over 10 feet in a well.

But I was saying a site that I have worked on,

Brown - Direct/Mr. Miller

44
1

BY MR. MILLER:

2

Q.

3

floating on top of the groundwater?

4

A.

5

What happens to that gasoline over time that's

Essentially, two things happen.
First, obviously, the gasoline is spreading

6

out on top of the groundwater surface.

7

depicted as sort of a pancake, or the syrup on top of

8

a pancake might be a better analogy.

9

more complicated than that because it's mixing in a

10

multiphase environment.

11

So it's often

It's a little

part water.

12

So it's part gasoline and

The second thing is the gasoline, as it's in

13

contact with the water, the constituents in the

14

gasoline are dissolving into the water.

15

Q.

16

disappear if you cut off the continuous release of

17

gasoline at a site?

18

A.

19

leaking tank, if the leak had been stopped and the

20

tank replaced, now we have a finite volume of gasoline

21

within the subsurface, and eventually that gasoline or

22

the MTBE in that gasoline all of it would eventually

23

dissolve into groundwater.

24
25

So, eventually, would the LNAPL be expected to

Yes.

If, say, for example, it had come from a

Now, that may take many, many, many years if
not decades.

Therefore, many of the sites, including

Brown - Direct/Mr. Miller

45
1

some of those that are the subject of this litigation,

2

the responsible party implements programs to try and

3

recover that LNAPL, that pure gasoline.

4
5

MR. MILLER:

interrupted with questions at all if you have any.

6
7

THE COURT:

Even if you did, I would.

Take

that as it is.

8
9

Your Honor, I don't mind being

MR. MILLER:

Those guys over there sometimes

interrupt me, too.

10

Q.

So if we have gasoline released from an

11

underground storage tank, how deep in the subsurface

12

is the tank?

13

A.

14

gasoline sites, underground storage tanks, gas

15

stations, I would say vary from about 12 to 15 feet

16

below ground surface.

17

Q.

18

you've investigated and will testify about this

19

morning, how deep is the groundwater?

20

A.

21

depth.

22

groundwater.

23

straight into the groundwater.

24

Q.

25

that you evaluate is the "pathway."

Generally, the bottom of the tank at most of the

In some of the settings here in New Jersey

In some cases the groundwater is at a similar
So the tank is often literally sitting in
So when a release occurs, it goes

Now, in the conceptual model, the next factor
What do you mean

Brown - Direct/Mr. Miller

46
1

by that?

2

A.

3

contamination will move.

4

looking at particularly groundwater transport.

5

know where it's being released.

6

understanding where it's present.

7

to?

8

Q.

9

would include wells, bodies of water, et cetera.

Essentially, we're evaluating where the
So in this case we are
So we

We have an
Where will it move

What is the pathway it uses to migrate.
And the receptors you've discussed earlier, that

10

Correct?

11

A.

12

are, what are they used for, how might they be

13

exposed, and what treatment might be required if they

14

are exposed.

15

Q.

16

gasoline is flowing away from the site, if it's

17

reached the subsurface?

18

A.

19

part of that site conception model in evaluating the

20

fate and transport of the contaminant.

21

the contaminant's properties and in this case the

22

hydrogeologic conditions, and the groundwater flow,

23

and, say, based on that, where would we anticipate the

24

contamination would move to?

25

Q.

That's correct.

So we want to know where they

Can a person in your field predict where the

Yes.

That's one of the things we try to do as

So we look at

In this case, did you literally evaluate a site,

Brown - Direct/Mr. Miller

47
1

predict where the gasoline was going, and install a

2

monitoring well to determine if it had reached a

3

location away from the station it was in the direction

4

you predicted the MTBE would move?

5

A.

6

that at several sites.

7

one particular site where I had evaluated where I

8

believe the contamination had migrated to, and we

9

installed monitoring wells in that location and

Actually, yes.

As part of this matter, we did
But more recently we did it at

10

identified very high concentrations of MTBE.

11

Q.

12

contamination in the area you just described?

13

A.

14

conducted an investigation in that area.

15

Q.

16

was going.

17

A.

Was that the first time anyone had identified

It is, yes.

So you were able to accurately predict where it
Is that correct?

Correct.

18
19

The responsible party had not

MR. LENDER:

Your Honor, it would be helpful

to know which site we are talking about.

20

THE COURT:

I was going to ask that myself.

21

Q.

Mr. Brown, you have a question.

It didn't come

22

from me.

23

A.

24

of today's hearing, that site would be the Getty West

25

Windsor site.

The sites we're discussing today or the subject

Brown - Direct/Mr. Miller

48
1
2

THE COURT:

Which actually is not being

discussed today.

3

MR. MILLER:

4

THE COURT:

Correct.
We understand the work that you

5

did.

So your responses should be limited to the sites

6

that are the subject of the inquiry today, the

7

Livingston site, and the other site, the Cumberland

8

Farms is involved in, Bakers Waldwick.

9

So the question you just answered with regard

10

to installing with monitoring wells and determining

11

MTBE had flowed there, and it was not been discovered

12

by the responsible party, the site you identified is

13

not the Livingston or the Bakers Waldwick site.

14

Correct?

15
16

THE WITNESS:

That is correct.

The site we

were just discussing was the Getty West Windsor site.

17

THE COURT:

18

MR. MILLER:

19

Q.

Yes, your Honor.

BY MR. MILLER:

20

So we'll put that aside.

21

Could we go to the next slide, please.
We talked a lot about contamination in

22

groundwater.

The technical term is "plume."

Most

23

people are familiar with it.

24

illustration to explain how groundwater plumes move

25

and how you can predict their movement?

Could you use this

Brown - Direct/Mr. Miller

49
1

A.

2

Certainly, yes.
Here we have a depiction from the published

3

literature that shows a typical MTBE plume, and MTBE

4

in the words of Monty Python would that beautiful

5

plumage, and the plume essentially would migrate from

6

the gasoline release area at the service station in

7

the groundwater in the direction of groundwater flow

8

and would eventually in this case reach a surface

9

water body which is a stream.

10

They have also depicted some wells, but these

11

are actually remediation wells.

One could also

12

imagine if there was a drinking water well in a

13

similar location, that well would also be impacted.

14

Q.

15

contamination from the subsurface.

16

A.

17

shows what they are referring to as oxygen injection

18

wells where they are injecting oxygen to promote the

19

degradation and oxidation of the plume.

20

also be a capture well where one was pumping the water

21

to capture the MTBE plume.

22

called pump and treat.

23

Q.

24

a slope that's toward the stream.

25

A.

You can also use wells to intercept and remove

That's correct.

Correct?

In this case, the depiction

This could

That's done in the process

In this case, you show that the water table has

That's correct.

Correct?

You may recall I mentioned

Brown - Direct/Mr. Miller

50
1

earlier in the course of this testimony how, in

2

general, groundwater moves towards points of

3

discharge.

4

stream.

5

water supply well that had that cone or depression we

6

talked about.

7

towards the point of discharge.

8

Q.

9

don't think we've used that before.

In this case, the point of discharge is a

Now, the point of discharge could also be a

So the water moves from the release

What does the term "water table" refer to?

I

10

A.

You may recall, we talked about measuring the

11

head, the evaluation of the groundwater in monitoring

12

wells, and then we contour that surface just as if we

13

were contouring a hill, and essentially that surface

14

is referred to as a water table.

15

table, in this case, the sediments are saturated

16

completely with water.

17

Above that is the vadose zone.

18

Q.

19

the groundwater flow or movement?

20

A.

21

general groundwater surface is steeper than the

22

velocity of the groundwater, movement is increased.

23

Q.

24

your field, taking advantage of the information about

25

the slope of the groundwater, that enables you to

So below the water

That's the groundwater zone.

If the slope is steeper, how does that affect

So if the slope of the water table of the

Are there actually mathematical formulas used in

Brown - Direct/Mr. Miller

51
1

predict the speed of groundwater throw?

2

A.

3

by a gentleman called Darcy.

4

French engineer.

5

city of Dijon in the 19th Century, and he developed a

6

mathematical formula to calculate the flow of

7

groundwater, and from that formula you can calculate

8

the velocity of the groundwater.

9

Q.

Yes.

One can use an equation that was developed
Henri Darcy, he was a

He was the city engineer for the

That formula has been used for more than

10

100 years by people in your field?

11

A.

12

formula in the groundwater profession.

13

Q.

14

It is.

It's probably the most widely used

Let's go to the next slide.
This is a more complicated setting.
Yes.

Correct?

15

A.

The previous slide showed a gasoline

16

release and an MTBE plume within unconsolidated

17

sediments, so in this case a sand aquifer.

18

shows a gasoline release into fractured bedrock.

19

Q.

20

intended to represent -- if you look at the top there

21

is an underground storage tank abbreviated UST, and

22

there appears to be a fluid or something in red piling

23

up.

24

A.

25

had a leak.

There are various red lines shown.

This slide

Is that

What are we talking about there?
This is the underground tank.

The gas station

The gasoline is leaking from the

Brown - Direct/Mr. Miller

52
1

underground storage tank.

It's collecting in the

2

bottom of the tank pit, and it' entering a fracture

3

intercepted by the tank pit, and the gasoline is

4

penetrating into that fracture and then moving into

5

interconnected fractures.

6

We can see in this case, rather than really a

7

broad pancake or syrup of MTBE on top of a pancake in

8

an unconsolidated sediment, here we have linear

9

features of gasoline within the fracture network.

10

Q.

If we look at the left portion of the diagram,

11

there is something that appears to be similar to a

12

well that has red in it.

13

A.

14

three wells completed in close proximity.

15

wells has red in it, which is an accumulation of

16

gasoline.

17

intercepts a fracture that contains gasoline, whereas

18

the other well right next to it completed at a very

19

similar depth does not intercept the gasoline

20

containing fracture; therefore, it only contains

21

groundwater and no gasoline.

22

very complex distribution of the gasoline within the

23

fractures as compared to the distribution in

24

unconsolidated sediments.

25

Q.

Certainly, yes.

Could you explain, please.

So this picture is showing
One of the

This well has gasoline because it

So we can see it's a

Apart from the graphic, in the real world could

Brown - Direct/Mr. Miller

53
1

you literally have wells close together in a fractured

2

rock environment where one is contaminated and the

3

other one appears to be clean?

4

A.

5

wells within a few feet, in fact, had one well with an

6

accumulation of multiple feet of gasoline and the well

7

right next to it has no gasoline whatsoever.

8

Q.

9

to clean up MTBE that has entered into a fractured

Yes.

I actually have worked on projects where

Can that same complexity make it more difficult

10

rock environment, when compared to the other

11

environment we were discussing, which is the

12

unconsolidated materials laid down over time by

13

streams and rivers and that kind of thing?

14

A.

15

where it is located, it is much more difficult to

16

remediate and restore this aquifer zone.

17

Yes.

Clearly, because of its distribution and

Say, for example, in unconsolidated aquifers,

18

one might evaluate the use of an in-situ technology.

19

That is a technology that cleans up the contamination

20

in place.

21

approach using oxygen, somehow introducing oxygen to

22

the subsurface.

23

is, how do you get the oxygen to the contamination?

We had on that previous slide an in-situ

The issue with in-situ technologies

24

In an unconsolidated aquifer that is still

25

quite complicated, but in a fractured rock aquifer

Brown - Direct/Mr. Miller

54
1

that is extremely difficult to do.

2

Q.

3

designed to intercept and clean up MTBE next to each

4

other and only one of them might turn out to be able

5

to be used for that purpose because only one of them

6

might intercept the MTBE?

7

A.

8

settlements that can actually occur.

9

a project with Mobil where we had two wells within ten

In other words, you can drill two wells that are

That is correct.

Even in unconsolidated
I had worked on

10

feet.

11

and the other had just a few hundred.

12

unconsolidated settlements, the distribution of the

13

contamination is completion, but in fractured rock

14

settings it's extremely complex.

15

Q.

16

contaminated today in fractured rock, and you come

17

back two years later and it's not present, and you

18

come back later than that and it is?

19

A.

20

those fractures are interconnected.

21

One had tens of thousands of parts per billion,
So even in

Can you have a situation where the well is

That can occur.

That's not as common because

Let's say you implemented a product recovery

22

program at that well, you actually somehow went in and

23

sucked the pure gasoline out, and after a period of

24

time you realize, Oh, we cleaned up that gasoline, the

25

well doesn't contain gasoline now, you might come back

Brown - Direct/Mr. Miller

55
1

a few months later and the gasoline has reaccumulated.

2

It's just taking time to move through the fractures

3

and reaccumulate in the well.

4

Q.

5

recommendations at MTBE sites in this case?

6

A.

7

in determining what would be an appropriate

8

site-specific restoration program.

9

Q.

10

Does that have implications about your

That's one of the key factors we would consider

Let's go to the next slide, please.
These are steps to achieve a restoration

11

program, which you explained earlier, is getting down

12

to 1 part per billion for MTBE or below so that it can

13

no longer be detected.

Correct?

14

A.

That is the first subset

15

within the restoration.

16

Q.

In this case, how does that apply?

17

A.

So with respect to the stations that are the

18

subject of this matter, one would evaluate

19

technologies that would allow you to restore the

20

aquifer to that standard or a combination of

21

technologies.

22

Q.

23

approaches, does the setting matter?

24

A.

25

site-specific conditions because one technology may

That is correct.

What is your goal?

In evaluating the feasibility of restoration

It does, yes.

So one has to consider

Brown - Direct/Mr. Miller

56
1

work at one site but not at another.

In some cases,

2

we have technologies that are more widely applicable

3

such as pump and treat, which could be applied to many

4

if not all of the sites.

5

Q.

6

approach.

7

A.

8

applicable to multiple sites, how it's supplied is

9

different and specific for each site.

So basically it's not a one size fits all
Is that correct?

That's correct.

And even if the technology is

So the number

10

of recovery wells, the pumping rate, how it will be

11

treated, those are all site-specific conditions even

12

if the same technology is applied.

13

Q.

14

recommendations in this case for restoration?

15

A.

Yes, we did.

16

Q.

Now, you indicate that in selecting the

17

technology at an individual site, it matters whether

18

or not the contamination in point number 4 is in the

19

vadose zone or soil versus the groundwater on an

20

off-site and drinking water.

21

A.

22

is, the technology or the approach one takes to

23

remediation or restoration will vary.

24

cleaning up the vadose zone -- that is the area above

25

groundwater, it would be a different technology than

And you used that site-specific analysis in your

Why is that?

When one is considering where the contamination

Therefore,

Brown - Direct/Mr. Miller

57
1

if we were cleaning up groundwater.

2

Now, if we're cleaning up on-site groundwater

3

as compared to off-site groundwater, again, it might

4

be a different technology.

5

impacted drinking water well, the technology might be

6

somewhat similar, but now we're dealing with a

7

different type of groundwater condition where we might

8

have a well with very high flow conditions.

9

Q.

If we were cleaning up an

The last step is estimating the cost.

We are

10

not going to be spending any time on that today, I

11

believe.

I don't think that's really the focus of the

12

motion.

So let's go to the next slide, please.

13

You indicated eight technologies were

14

evaluated, and you list them on this slide.

15

"monitored natural attenuation"?

16

is self-explanatory.

17

A.

18

approach that is taken to address groundwater

19

contamination.

20

groundwater, there are processes that occur that can

21

retard that contamination's movement and also

22

processes that can in fact slowly degrade or address

23

the contamination.

24

referred to as "natural attenuation."

25

What is

I think "no action"

So "monitored natural attenuation" is an

So once a chemical is in the

Those processes collectively are

Now, to evaluate whether that's going on, you

Brown - Direct/Mr. Miller

58
1

have to actually monitor the conditions.

2

Q.

What does it mean to "monitor"?

3

A.

One has to actually measure the groundwater in

4

monitoring wells and take samples from those wells,

5

have them analyzed to evaluate whether the natural

6

attenuation processes are in fact restoring the

7

groundwater in a reasonable period of time.

8

Q.

9

be different than relying on natural attenuation

So I take it monitored natural attenuation would

10

without monitoring?

11

A.

12

monitoring it.

13

You have to monitor it to know if it's happening or

14

not.

15

Q.

Is it important to do the monitoring?

16

A.

Yes, it's very important.

17

whether the natural attenuation processes are in fact

18

sufficient to address the contamination and restore

19

the aquifer.

20

Q.

21

recommended monitored natural attenuation at some

22

point in the process?

23

A.

24

We recommended at some point as part of the

25

restoration program we would move to a monitored

Well, it's hard to rely if you are not
You do not know if it's happening.

One needs to know

Are there sites in this case where you

Yes.

I believe, actually, at all of the sites.

Brown - Direct/Mr. Miller

59
1

natural attenuation approach.

2

Q.

3

toward the end or what?

4

A.

5

implement some other form of restoration to reduce

6

contaminant concentrations to a point at which you

7

believe monitored natural contamination could address

8

the residual lower contaminations.

9

Q.

Was that at the beginning of the process or

It's essentially toward the end.

So one would

And typically at these sites, where was that

10

point where you thought you could transition from what

11

I'm going to call active remediation or cleanup to

12

monitored natural attenuation?

13

A.

14

would be once one reached the groundwater quality

15

standard -- that is, 70 parts per billion for MTBE,

16

one could transition from active remediation or active

17

restoration to monitored natural attenuation.

18

Q.

Why did you select that level?

19

A.

Based upon the work I've done at hundreds of

20

sites, we often find there is a concentration of which

21

active remediation would be no quicker addressing the

22

low concentrations than just letting natural

23

attenuation.

24

level might be, but we often find it's some multiple

25

of the restoration goal.

We indicated that we felt the appropriate point

So one doesn't know exactly what that

And in looking at the

Brown - Direct/Mr. Miller

60
1

information for many of the sites, we felt an

2

appropriate number would be a groundwater quality

3

standard.

4

Q.

5

"enhanced biodegradation."

6

injecting oxygen.

7

A.

8

enhance biodegradation.

9

Q.

The third technology you have evaluated was

Yes.

We talked earlier about

Is that an example?

That's the most common approach taken to

Why would injecting oxygen enhance

10

biodegradation?

11

A.

12

types of ways.

13

Biodegradation in the subsurface occurs in two

One is aerobic; that is, degradation by

14

bacteria that like oxygen rich environments; and

15

anaerobic, which is a degradation by the

16

microorganisms that prefer low oxygen environments.

17

Q.

18

degrading?

19

A.

20

aerobic conditions.

21

constituents, you are actually better off with

22

anaerobic conditions.

23

chlorinated solvents that are released to the

24

environment or the bacteria that degrade them prefer

25

anaerobic conditions.

Which of the two tends to be faster in

So with respect to MTBE, one would prefer to see
Now, for certain other

So, for example, many of the

Brown - Direct/Mr. Miller

61
1

Q.

So literally by injecting oxygen you could make

2

in an oxygenated environment that wouldn't exist in

3

nature that enhances the biodegradation of MTBE.

4

Correct?

5

A.

6

many of those oxygen injection programs.

7

Q.

8

vadose zone or unsaturated area because you are

9

calling it soil?

That's correct, yes.

That's the intent behind

Now, "soil vapor extraction," it applies to the

10

A.

Yes.

This is a technology that's used to treat

11

contamination in the vadose zone.

12

groundwater, floating on top of the groundwater, or

13

also slightly mixed with that capillary fringe.

14

we are relying on the natural volatility of the

15

contaminant to partition into the vapor; that is, it

16

moves from the gasoline and becomes a vapor within the

17

pore space, and you essentially suck it out.

18

Q.

19

soil zone?

20

A.

21

volatile in its pure phase, and the soil is relatively

22

permeable, soil vapor extraction is extremely well.

23

Q.

24

contaminant from the subsurface?

25

A.

That's above

Here

Is that effective if the contamination is in the

If it's in the soil and the contaminant is

Basically, is the goal to remove massive

Yes.

Essentially, the contamination that's

Brown - Direct/Mr. Miller

62
1

still present in the soil or present as LNAPL, is

2

what's referred to as a secondary source.

3

there and continues to contaminate groundwater.

4

Therefore, the technology like soil vapor extraction

5

is used to reduce that secondary source.

6

Q.

7

air sparging.

8

A.

9

or, in some cases, oxygen are injected below the

10

Another technology you considered was in-situ
Could you describe that for us, please.

In-situ air sparging is a process by which air

groundwater table.

11

It sits

They accomplish two things.

First, they can create a more aerobic

12

environment, and the second, the physical injection of

13

the air can partition or strip some of the dissolved

14

constituents from the groundwater and move them into

15

the vapor phase in the vadose zone where they can then

16

be withdrawn by soil vapor extraction.

17

Q.

What is "multiphase's extraction," briefly?

18

A.

So this is essentially combining soil vapor

19

extraction with the extraction of LNAPL, if it's

20

accumulating in wells, and the extraction of very high

21

concentrations of MTBE that are dissolved in the

22

groundwater at the site itself.

23

So it's widely used at the release site to not

24

only get rid of contamination within the vadose zone,

25

but also recover LNAPL and the very high

Brown - Direct/Mr. Miller

63
1

concentrations of MTBE in the groundwater.

2

Q.

3

water?

4

A.

5

gasoline, and water.

6

Q.

What is "in-situ chemical oxidation"?

7

A.

In this case, this technology not only injects

8

oxygen to enhance aerobic conditions, but you inject

9

an actual chemical at very high dosages to promote the

So multiphase literally captures vapor and

It's capturing in many cases vapor, pure

10

physical oxidation of the contaminant.

That is, a

11

chemical reaction will occur that eventually breaks

12

the contaminant down ultimately to carbon dioxide and

13

water.

14

Q.

So it's a chemical attacks chemical process?

15

A.

Essentially, yes.

16

oxidative compound, like hydrogen peroxide or fenton

17

reagent to promote a physical reaction in the

18

subsurface.

19

Q.

The last technology listed is "pump and treat"?

20

A.

Yes.

21

earlier, this is where one puts in a pumping well

22

that's specifically designed to intercept the plume,

23

or it could be multiple wells that are pumped at a

24

defined pumping rate to capture the contamination.

25

You essentially pump it to pull in the contamination;

You are injecting some

So pump and treat, we mentioned that

Brown - Direct/Mr. Miller

64
1

and then once it's pumped from the well, you treat it

2

with some type of above-ground technology.

3
4

MR. MILLER:

Your Honor, I'm about to shift to

the two sites.

5

THE COURT:

6

(Off-the-record discussion.)

7

BY MR. MILLER:

8

Q.

9

please.

Off the record.

10

Let's turn to the Exxon Livingston site first,
That's Plaintiff's Exhibit 4.

We've marked

the PowerPoint into three sections, 3, 4, and 5.

11

This is a description of some basic details

12

about the Exxon Livingston site which is in a township

13

in New Jersey.

14

A.

15

Correct?

That's correct.
On this figure to the left we could see an

16

insert map which shows the State of New Jersey, and

17

the yellow star would be the approximate location of

18

this particular site.

19

Q.

20

wasn't a gasoline in 1934.

21

understanding?

22

A.

That's my understanding, yes.

23

Q.

Back here on the East Coast, when was MTBE

24

introduced in the gasoline, approximately?

25

A.

It's been a gas station since 1934, but MTBE
Is that your

It varies, depending on location and oil

Brown - Direct/Mr. Miller

65
1

company, but I have seen examples where MTBE was added

2

to gasoline in the late 1970s.

3

oxygenate.

4

enhancement to improve the combustion of the gasoline.

5

So it was added at much lower percentages.

6

Q.

7

raised the octane level that we are familiar with at

8

the pump?

9

A.

It was not added as an

It was simply added as an octane

So if you add oxygen to gasoline, it literally

That's correct.

It allows the gasoline to burn

10

more efficiently.

11

Q.

12

they installed approximately 40 monitoring wells?

13

A.

That is correct, yes.

14

Q.

And those monitoring wells are used to gather

15

measurements of various chemicals, including MTBE?

16

A.

17

extends over 15 years.

18

wells for over 15 years, and having those samples

19

analyzed for gasoline constituents including MTBE.

20

Q.

21

particularly as it applies to MTBE?

22

A.

Yes, we did.

23

Q.

And in terms of the extent of the documents you

24

had on file, what is the size of the file, please?

25

A.

In that particular case, Exxon Livingston, have

Yes.

They have a chemistry data set that
So they have been sampling the

Did you evaluate the 15 years of chemistry data

With respect to this particular site, we

Brown - Direct/Mr. Miller

66
1

reviewed over 11,000 documents.

2

Q.

3

Let's go to the next slide, please.
There are some dots shown over an aerial

4

photograph of the area.

What do the dots represent?

5

A.

6

my expert report.

7

area where we see the majority of the dots.

8

the Exxon Livingston site.

9

at Mount Pleasant, the main intersection here, and the

So this figure is actually taken directly from
This is the service station in the
This is

This is Livingston Avenue

10

dots -- most of them are approximate to the site or

11

just to the west of the site, but there are also dots

12

that extend about a third of a mile to the west of the

13

site.

14

installed by ExxonMobil.

15

Q.

16

depicted?

17

A.

18

depicted on here.

19

which is about a third of a mile to the west of the

20

Exxon Livingston site, and there is also a commercial

21

well for a liquor store that's to the southwest of the

22

ExxonMobil site.

23

Q.

24

environment, a fractured bedrock environment, or what?

25

A.

These are monitoring wells that have been

And is a public drinking water supply well also

Yes.

There are actually two supply wells
This is Livingston Supply Well 11,

Are we talking about an unconsolidated deposit

So for this particular site we have a thin

Brown - Direct/Mr. Miller

67
1

veneer of unconsolidated sentiments, not so thin,

2

30 feet or so; and below that we have bedrock.

3

are addressing contamination both within

4

unconsolidated sediments and in the bedrock itself.

5

Q.

6

well, Livingston 11, is that actually completed in

7

drawing water from bedrock?

8

A.

9

slide here.

So we

So if we take the public drinking water supply

If I move down a few slides.

We go to this

10

Q.

Is this kind of a map of the subsurface?

11

A.

Yes.

12

which is the map we just looked at, and it has two red

13

lines on it.

14

show cross-sections.

15

subsurface, and the cross-sections depict the

16

geographic conditions that were mapped in the drilling

17

of the wells.

18

A prime that runs across the Exxon Livingston site to

19

the northwest, and then to the public water supply

20

well, Livingston Well No. 11.

21

Q.

22

cross-sections from?

23

A.

24

drill and install the monitoring wells or the drilling

25

company that installed the public supply well.

First, let's look at this figure here,

These lines depict where we are going to
These are vertical slices of the

So we're going to look at cross-section

Where did you get the data to do the

The data is collected by the consultants who

When a

Brown - Direct/Mr. Miller

68
1

consultant is retained, in this case for the majority

2

of the wells, by ExxonMobil, when they drill the bore

3

hole, that's the physical hole they drill into the

4

subsurface within which they will install a well, they

5

take samples of soil and rock they encounter, and they

6

describe that on what's called a boring rock.

7

my family says, yes, your job is pretty boring.

8

Q.

9

that line you have shown us that goes all the way to

And, as

So let's look at the cross-section that's along

10

Well 11.

11

A.

12

this.

13

here is the Exxon Livingston site.

14

site.

15

site all the way to Public Water Supply 11.

16

the type of geology that was detected when the

17

monitoring wells were drilled as depicted by the

18

consultants working for ExxonMobil.

19

Q.

20

the labeled zones toward the bottom of the figure that

21

we have, and it extends all the way from the

22

ExxonMobil site to the well.

23

A.

24

site, ExxonMobil's consultants first identified the

25

unconsolidated sediments that ranged from about 20 to

Yes.

It's difficult to read the particulars on

This is taken from my expert report.

This area

We've marked the

The cross-section runs from just east of the
It shows

I see Zone A, as an example, the shallowest of

That is correct.

Correct?

So when they investigated the

Brown - Direct/Mr. Miller

69
1

50 feet thick, depending on where you are; and at that

2

point they entered the bedrock, and they classified

3

the different layers of the bedrock, which is referred

4

to as strata, those different layers, and they labeled

5

them by A, B, C and D descending with depth beneath

6

the ExxonMobil station.

7

zone they referred to as Zone A, and then it went B, C

8

and D.

So the shallowest bedrock

So these are the different bedrock layers.

9

So the consultants evaluating the bedrock felt

10

there were differences within the samples that allowed

11

them to basically develop this layered model for the

12

bedrock.

13

Q.

14

those zones?

15

A.

16

characterizing the bedrock.

17

Q.

Okay.

18

A.

Now, as they advance more wells to the west of

19

the station, they realized, because of the natural

20

dip, that is, the slope of the bedrock layers, there

21

was actually a bedrock zone above A, and they just

22

referred to that as Zone Z.

23

Q.

24

a brief way to understand that?

25

A.

Do you agree with them in the way they defined

Yes.

They have done a reasonably good job of

Why would the bedrock dip in this way?

Without getting into a complex geologic

Is there

Brown - Direct/Mr. Miller

70
1

discussion, over time, historically, the layers may

2

have been deposited flat horizontally, and then over

3

time, because of the natural forces in the subsurface

4

over millions of years, the layers can become bent or

5

tipped; they can also become faulted and offset.

6

that's referred to as the dip.

7

those layers that has changed over time, and the slope

8

that is now present.

9

So

That's the slope of

This slide, slide 3 of the set shows the

10

regional geologic conditions.

So here we have the

11

natural geologic conditions regionally in the area of

12

Livingston, and we can see that same dip that occurs

13

to the west within the geologic strata.

14

Q.

15

make its way from the Exxon station all the way to

16

City Well 11 to the city of Livingston?

17

A.

Yes, it did.

18

Q.

It was detected in the well more than once?

19

A.

Yes.

20

detected in the well, but in the recent sampling over

21

the last few years no MTBE has been detected in Supply

22

Well 11.

23

Q.

24

whether there was some other MTBE source in the area

25

besides the Exxon station in Livingston at 38 East

If we go back to your cross-section, did MTBE

There was a period of time MTBE was

Did you, in evaluating this site, evaluate

Brown - Direct/Mr. Miller

71
1

Mount Pleasant Avenue?

2

A.

3

service stations within this area.

4

a Texaco station.

5

the second station.

6

and groundwater conditions at those two stations to

7

determine whether they might have contributed to the

8

MTBE detected at Livingston Supply Well 11.

9

Q.

Yes.

We actually looked at data for two other
One I remember was

I can't remember the branding of
But we evaluated the contaminant

Did you also evaluate the nearest receptors or

10

wells in doing your analysis for this site?

11

A.

12

Supply Well 11.

13

water supply wells proximate to the Exxon Livingston

14

site.

Yes, we did.

15

Obviously, we discussed Water

There are also a series of other

This figure, again, is taken from the expert

16

report.

The yellow star here is the Exxon Livingston

17

site.

18

have other water supply wells that are proximate.

19

one of real concern is Water Supply Well 11.

20

also identified a commercial well at the Bottle Stop

21

Liquor Store.

22

Q.

23

Livingston site that released MTBE in gasoline and

24

Well 11?

25

A.

Then we have Public Water Supply Well 11.

We
The

But we

What is the distance between the Exxon

We indicated here on this slide it's 1700 feet.

Brown - Direct/Mr. Miller

72
1

So about a third of a mile.

2

Q.

Did you also compile a site chronology?

3

A.

We did, yes.

4

documentation for this site and prepared a brief

5

chronology both in text format, which ran many, many

6

pages, of all of the actions that occurred at this

7

site, particularly the investigation and remediation

8

actions, and then we also prepared a bar graph to show

9

those actions over time.

We reviewed all of the

10

Q.

Did Exxon actively remediate the site?

11

A.

Yes, they did.

12

Q.

Did they do that in general before or after they

13

learned that MTBE was in City Well 11?

14

A.

15

been implemented occurred after the discovery of MTBE

16

in Water Supply Well 11.

17

Q.

18

it's been detected in a well a mile away, does that

19

help over time?

20

A.

21

the contamination, the secondary source we talked

22

about.

23

that could ultimately over time impact groundwater.

24

Q.

25

11 went away over time.

The majority of the remedial actions that have

If you do remediation back at the site after

Yes, it will.

You are removing the source of

So one is limiting the amount of contamination

You mentioned the MTBE detections in City Well
What do you attribute that

Brown - Direct/Mr. Miller

73
1

to?

2

A.

3

of the hydrogeology.

4

fractured bedrock.

5

there was some contamination, a defined fracture that

6

was intercepted by that well.

7

was no longer present in that fracture and hasn't been

8

seen since then.

9

Q.

I think the key factor would be the complexity
Well 11 pumps water from
So there may be a period of time

But over time that MTBE

Does that rule out the possibility that over

10

time some other fracture may contribute MTBE to the

11

well?

12

A.

13

plume could ultimately impact the well at a subsequent

14

time.

15

Q.

16

this site?

17

A.

Yes, I did.

18

Q.

In understanding your recommendations, the first

19

thing we need to discuss is groundwater flow?

20

A.

21

methodology I use and other consultants use in

22

evaluating these contaminated release sites, we do a

23

site-specific analysis, and one of the steps is to

24

evaluate the hydrogeology and groundwater flow

25

conditions.

No, it does not.

The continued migration of the

Now, did you make recommendations concerning

Yes.

You may recall part of the standard

How deep is the groundwater?

Which

Brown - Direct/Mr. Miller

74
1

layers, which strata is the groundwater present in?

2

And which direction does the groundwater flow within

3

those layers?

4

Q.

5

literally changes depending on what area in the

6

subsurface you are talking about.

7

A.

That is correct, yes.

8

Q.

Can you explain that, please?

9

A.

Certainly, yes.

At this site, the direction of groundwater flow

10

Is that correct?

So ExxonMobil, as part of their investigation

11

program, has installed wells at various depths.

They

12

are installed in different layers, different strata.

13

Some of the wells go into the unconsolidated

14

sediments; others are screened within defined bedrock

15

layers.

16

installed multiple wells at a single location.

17

are often referred to as cluster wells.

18

multiple wells, and they are completed at different

19

depths.

20

level in those wells that's specific to an individual

21

layer and determining the groundwater flow direction

22

in that layer.

23

Q.

24

subsurface that vary?

25

A.

And in quite a few locations, they have
These

So you have

That allows us then to monitor the water

So what are the directions of the flow in the

Certainly, yes.

Brown - Direct/Mr. Miller

75
1

So based on the data that has been collected

2

by ExxonMobil in the monitoring wells that they have

3

installed, within the unconsolidated sediments the

4

predominant groundwater flow direction is to the

5

southwest.

6

always some variation.

7

time to some degree.

8

Q.

Does it change by season, for example?

9

A.

By season.

Now, one has to understand, there is
Groundwater flow changes with

It can change in response to well

10

pumping.

But, In general, for the unconsolidated

11

zone, the flow is to the southwest.

12

Q.

Okay.

13

A.

Now, when we look at the conditions within the

14

bedrock, the wells that are completed in Zone B, that

15

is the second bedrock layer beneath the Exxon station,

16

the flow direction is also predominantly to the

17

southwest.

18

towards the commercial water supply well that was

19

impacted.

20

Q.

Well 11?

21

A.

No, the commercial well I'm talking about to the

22

southwest.

We know, for example, that's the direction

23

Now, if we look at wells that are completed in

24

Zone C, the layer below that, the water levels in that

25

zone indicate a flow direction actually to the

Brown - Direct/Mr. Miller

76
1

northwest or west-northwest.

So it's almost

2

90 degrees off from the flow direction in the layer

3

above.

4

Q.

5

Well 11?

6

A.

7

find City Well 11.

8

Q.

9

location of the commercial well, please.

And if we go to the northwest, we encounter City

Correct.

That's the direction which we would

Could we go back to the map where you show the

10

A.

11

This is the commercial well southwest of the site.

12

And this is the municipal water supply well to the

13

west-northwest of the site.

14

Q.

15

movement is to the northwest?

16

A.

17

that have been characterized as part of the

18

investigation by ExxonMobil.

19

Yes.

So this is the Exxon Livingston site.

Does City Well 11 intercept the C zone where

Yes.

It actually intercepts all of the zones

So bedrock Zone Z, A, B, C, and D because they

20

all dip to the west, but the public water supply well

21

is very deep, so it intercepts all of the different

22

bedrock zones that have been characterized by

23

ExxonMobil.

24

Q.

25

concerning the site where you characterize the

Can we turn to your slide 9 in this subset

Brown - Direct/Mr. Miller

77
1

contamination.

2

Historically, what was the maximum

3

contamination of MTBE found at the Exxon Livingston

4

site?

5

A.

6

groundwater flow conditions is, What are the

7

contaminant conditions?

8

extent?

9

So the next step after we've evaluated

So where is it?

What's the

What's the magnitude?
When we summarize some of the magnitude

10

information in this particular slide, where we have

11

the three particular contaminants of concern, MTBE,

12

TBA, and benzene, the first detected concentrations --

13

that is, when they first sampled wells at the site,

14

what was the concentration?

15

concentrations detected over the entire 15-year

16

record, which is now almost 17 years, and then the

17

maximum in the most recent sample we had at the end of

18

2016, that was documented in my 2017 expert report.

19

And the maximum

So the maximum MTBE detected in a monitoring

20

well related to the ExxonMobil site was 234,000 parts

21

per billion, and this was in a sample taken from

22

Monitoring Well 1, which is at the Exxon station taken

23

in July of 2003.

24

Q.

25

underground storage tanks?

Is it located in the station somewhat near the

Brown - Direct/Mr. Miller

78
1

A.

Relatively close, yes.

This is close to where

2

the release occurred.

3

Q.

4

from your 2017 report is 74 parts per billion and

5

change?

6

A.

7

of 2016, the highest MTBE detected in any of the

8

samples collected by ExxonMobil was 74.3 parts per

9

billion.

Today's most recent concentration that you give

Correct.

The most recent sampling in December

10

Q.

And what do you attribute that decline to?

11

A.

It's attributed to the active remediation that

12

ExxonMobil has been implementing for many years at

13

this site.

14

Q.

15

you said it produces concentrations further away over

16

time.

17

that has already left the site directly?

18

A.

19

migrated away from the site some distance.

20

what it does, it cuts off the source.

21

a finite concentration and massive contamination

22

off-site.

23

Q.

24

happens instead?

25

A.

Does the remediation at the site -- I realize

But does it actually address the contamination

It does not address the contamination that has
Obviously,

So now we have

And if you don't clean up the source, what

Instead you got continued loading of the

Brown - Direct/Mr. Miller

79
1

contaminant into the groundwater and continued

2

migration of those higher concentrations off-site.

3

That's the importance of doing on-site source

4

remediation.

5

Q.

6

of 2013 that Exxon actually made a comparable change

7

to what they have done in the past as a result of your

8

recommendations?

9

A.

10

Now, did you make recommendations in your report

Yes.
MR. LENDER:

Objection, your Honor.

11

Foundation, because it was his recommendations.

12

would like to get a foundation for that.

13

THE COURT:

14

MR. LENDER:

We

I'm not sure of your objection.
Just the foundation.

Whatever

15

ExxonMobil did was because of his expert report.

16

would like a little foundation that was assumed in the

17

question.

18

THE COURT:

19

MR. MILLER:

I

I understand.
I can try and lay that

20

foundation, your Honor.

21

BY MR. MILLER:

22

Q.

23

make some recommendations concerning additional

24

activities that should occur at the site?

25

A.

When you prepared your report in 2013, did you

Yes, I did.

In particular, I recommended that

Brown - Direct/Mr. Miller

80
1

the high levels of contaminant that were detected

2

immediately west of the site, they were off-site, but

3

immediately to the west, those should be remediated

4

also.

5

additional investigation more distant from the site be

6

conducted.

7

I made.

8

Q.

9

recommendations in the areas you've just described?

And, in addition, I also recommended an that

Those are just two of the recommendations

And did Exxon do something after you made those

10

A.

Yes.

Between the production of my expert report

11

in 2013 and my evaluation of data in 2017 for this

12

site, ExxonMobil had expanded their remediation

13

program to pump contaminated groundwater from the west

14

of the station, and they pumped that water to their

15

on-site treatment system.

16

remediation to the area immediately west of the

17

station.

18

Q.

19

contaminated groundwater.

20

said you treat it.

21

remove the MTBE?

22

A.

23

this case is one passes that contamination or the

24

contaminated water through vessels that contain

25

granular activated carbons.

So they had expanded

Let's take that a step at a time.

You take

It has MTBE in it.

You

What do you physically do to

So the technology that's most used and used in

So this is a media that

Brown - Direct/Mr. Miller

81
1

absorbs contamination.

It's usually made from either

2

ground up coconut shells or bituminous coal that's

3

been ground up.

4

Q.

5

would be similar to those granules if it was

6

bituminous?

7

A.

8

home that you can actually attach to the tap.

9

contain a granular activated carbon.

So if we looked at a filter for a fish tank, it

Yes.

Often people have filters in their own
They

So they absorb

10

organic chemicals.

11

Q.

12

MTBE to what level?

13

groundwater.

14

What do you have?

15

A.

16

non-detect below the PQL.

17

Q.

18

station to clean up contaminated groundwater?

19

A.

Yes.

20

Q.

Did they also use it in the western area

21

off-site that you described recommending they install

22

treatment in?

23

A.

24

they had on site and they just ran plumbing to

25

off-site wells just to the west, installed pumps in

So that filter can be used to literally remove
We start out with contaminated

We have to go through the treatment.

Essentially, the system is operated so it's

Did ExxonMobil use a treatment process at the

Yes.

They used that process.

They used the existing treatment system

Brown - Direct/Mr. Miller

82
1

those wells, and pumped that contaminated groundwater

2

to their on-site system.

3

Q.

4

installing treatment in the western area was

5

appropriate and necessary?

6

A.

7

I made in my 2013 report.

8

Q.

9

recommending treatment in the western area in 2013,

Do you agree that action on their part of

Yes.

It was consistent with the recommendations

Now, you mentioned that in addition to

10

you recommended some off-site investigation.

What was

11

your goal in recommending that off-site investigation?

12

A.

13

related to the release at the ExxonMobil station, that

14

is, more distant beyond, say, Livingston Avenue, and,

15

therefore, I had recommended the investigation of some

16

depth discreet monitoring wells; that is, you complete

17

the bore holes and install monitoring wells that are

18

screened within specific layers.

19

Q.

Why would you want them in specific layers?

20

A.

Because one wants to know specifically where is

21

the contamination in the subsurface, in which

22

particular layers, and also one could then calculate

23

where is it moving in those individual layers.

24

Q.

25

to conduct investigation in that area that you

So in 2013 we had quite limited off-site data

Did Exxon do anything after 2013 in your report

Brown - Direct/Mr. Miller

83
1

described?

2

A.

3

and completed sampling points at specific depths,

4

within specific layers at those locations.

5

Q.

And is that part of what you recommended?

6

A.

Yes.

7

recommended in 2013.

8

locations, but they had advanced some of those

9

locations by 2017.

Yes.

They did advance some very deep bore holes

That was somewhat consistent with what I
I actually recommended more

10

Q.

And did that investigation have something to do

11

with the distance from the service station to City

12

Well 11, Livingston Well 11?

13

A.

14

direction and was more off-site towards the water

15

supply well.

16

Q.

17

had Exxon placed any monitoring wells in the distance

18

between the station once we get away from a station

19

itself and City Well 11?

20

A.

21

monitoring wells just to the west, as far as

22

Livingston Avenue.

23

Q.

A distance of how far about?

24

A.

Maybe 350, 400 feet.

25

Q.

So we have another almost a thousand feet to go

Well, the investigation was in that general

And prior to the time that you recommended it,

Well, historically, they had installed

Brown - Direct/Mr. Miller

84
1

before we get to City Well 11?

2

A.

Correct.

3

Q.

And did you recommend that monitoring wells be

4

put over that distance?

5

A.

6

investigation that I recommended for this site.

7

Q.

8

11 have something to do with that recommendation?

9

A.

That is where I focused the additional

And did the contamination of MTBE in City Well

Yes.

Obviously, we understood that well had

10

been contaminated at some point in the past.

11

Therefore, we felt it was highly likely that there was

12

going to be some contamination within the bedrock to

13

the west of Livingston Avenue.

14

Q.

15

they determine that MTBE was in that additional

16

distance between the furthest point of on-and-off-site

17

monitoring associated with the Livingston station and

18

the well, so when they drilled in the area you

19

recommended, did they find MTBE?

20

A.

21

specific depth intervals.

22

Q.

23

and what depth they should test and then find MTBE at

24

that location?

25

A.

When those monitoring wells were drilled, did

They did find MTBE at certain locations and at

And how were you able to predict what direction

Well, one evaluated first the groundwater flow

Brown - Direct/Mr. Miller

85
1

conditions, so which direction was groundwater flowing

2

in, particularly, in the deeper bedrock, and where had

3

historically MTBE been detected.

4

We knew there were several detections at Water

5

Supply 11.

We also knew there had been detections of

6

MTBE right up to Livingston Avenue, just south and

7

north of Mount Pleasant.

8

the distribution of the existing contamination and the

9

groundwater flow direction that it was highly likely

So generally we knew from

10

that contamination would be present west of Livingston

11

Avenue.

12

Q.

13

station is the likely source of MTBE if it was

14

detected in City Well 11?

15

A.

Yes.

16

Q.

And at the time you made your initial

17

recommendations in 2013, had Exxon acknowledged that

18

they were the source of contamination in City Well 11?

19

A.

Not that I'm aware of.

20

Q.

I want to turn to your key opinions.

21

quite a list of them.

22

Is is your opinion that the Exxon Livingston

There are

Did you develop this set of posed questions

23

for each of the sites and answered them based on the

24

data for individual sites?

25

A.

Yes.

I developed a set of 21 specific questions

Brown - Direct/Mr. Miller

86
1

that I would address for each individual site.

So my

2

answer to those questions would essentially be then

3

from this list of opinions.

4

posed for every single site I evaluated, and the

5

answers vary between sites based upon the

6

site-specific information, and the answers were the

7

opinions.

8

Q.

9

because in your opinion no release from a different

So these questions were

For example, in question 6, you answered "no"

10

site commingled with the Exxon release?

11

A.

12

than not that such a commingling of contamination had

13

occurred.

14

commingling had not occurred.

15

Q.

16

Livingston site was not only a threat, if we look at

17

question 20, to the deep aquifer but also to potential

18

receptors, namely, wells?

19

A.

Yes, I did.

20

Q.

In your opinion, did the additional

21

investigation done after 2013 that you've described in

22

this courtroom between the station and the well

23

confirm that opinion?

24

A.

Yes, it did.

25

Q.

In other words, we now know that the release at

I could not conclude that it was more likely

Therefore, my opinion is that, no, such

And in 2013, did you form the opinion the Exxon

Brown - Direct/Mr. Miller

87
1

the Exxon station in your opinion is not just a threat

2

to that well, it is the source of the MTBE in that

3

well.

4

A.

5

previously detected in that well.

6

Q.

7

line between the station and the well, and MTBE was

8

found when they drilled a well at an appropriate depth

9

along that distance.

Is that correct?
The source of the contamination that had been

Now, in essence, samples were taken along the

Is that correct?

10

A.

That is correct.

11

Q.

How does that support or reject your opinion

12

that it is the source?

13

A.

14

investigation that ExxonMobil has been performing,

15

that MTBE contamination is present in discrete bedrock

16

zones to the west of Livingston Avenue, and that

17

contamination is contiguous with the contamination on

18

the east side of Livingston Avenue; that is, there is

19

now contamination present between the ExxonMobil

20

station almost all the way to the Public Water Supply

21

Well 11.

22

Q.

23

you did for this site.

24
25

We now know, based upon the additional

Okay.

Let's turn to the feasibility study that

We previously talked about each of the
technologies.

You've abbreviated them under the

Brown - Direct/Mr. Miller

88
1

heading "Approach" in this table?

2

A.

3

Action."

4

Q.

5

are medium, and some are high.

6

referred to?

7

A.

8

evaluation, we evaluated the eight technologies under

9

three criteria.

Correct, yes.

We have not included the "No

We just included the seven other approaches.

Some of the technologies are listed as low, some
What does "high"

So you may recall, as part of the feasibility

10

"Effectiveness" -- that is, would they be

11

effective at addressing the contamination and lowering

12

the risks to the environment and public health?

13

The second being their "implementability."

14

Can you implement them?

15

implementation, can you physically do it, and

16

administrative implementation?

17

to do it?

18

That is both technical

Would you be allowed

The third element would be a relative term of

19

"costs."

Are the costs low, medium, or high?

20

terms of capital, what you have to spend to put the

21

system in in the first place, and then long-term

22

operating cost.

23

THE COURT:

24

THE WITNESS:

25

Q.

Both in

So the OMM is your operating?
Operation and maintenance.

And the capital cost is the cost of installing

Brown - Direct/Mr. Miller

89
1

the treatment system or technology.

Correct?

2

A.

3

the infrastructure for the treatment plant, the

4

treatment plant itself, the design and permitting of

5

all of that.

6

occur in a short period of time.

7

Q.

8

operating maintenance cost, except for pump and

9

treatment which is rated as high, so it would be more

It's installing the pumping wells, the plumbing,

So it's all of those up-front costs that

So all of the technologies had a medium

10

expensive?

11

A.

12

conducted, if the technology has low effectiveness and

13

low implementability, then we don't consider the cost

14

because, clearly, it's not going to be effective and

15

it's not going to be implemented; therefore, the cost

16

is irrelevant.

17

don't have to evaluate the cost.

18

costs for technologies that are rated medium or high

19

in terms of their effectiveness and implementability.

20

Q.

21

technologies listed, for example, soil vapor

22

extraction at the site?

23

A.

24

a remediation system onsite that utilized soil vapor

25

extraction.

No.

Actually, the way the evaluation is

So the little dash there means we
So we only evaporate

Now, had Exxon already implemented some of the

Yes.

For the vadose zone, they had implemented

Brown - Direct/Mr. Miller

90
1

Q.

Did it work?

2

A.

Yes.

3

Q.

To explain, why did you list it as low in

4

effectiveness?

5

A.

6

to address the groundwater contamination, and SVE is

7

not really applicable to groundwater.

8

the acronym for soil vapor extraction is not really

9

applicable for groundwater.

It has worked quite well.

Because here we are looking at its effectiveness

SVE which is

It's used to treat

10

contamination above the groundwater.

11

Q.

12

your site-specific information are likely to be

13

effective, are listed as monitored natural attenuation

14

off-site as opposed to on-site.

15

A.

Correct.

16

Q.

And pump and treat?

17

A.

That is correct.

18

be both for on-site contamination and the near-site.

19

That is the area just to the west where high

20

concentrations have been detected.

21

Q.

22

with respect to the site?

23

A.

24

on-site pump and treat program; and after 2013, they

25

expanded it to include pump and treat just to the west

So the technologies that you believe, based on

Correct?

And the pump and treat would

Did Exxon also use the pump and treat technology

Yes, they did.

They implemented initially an

Brown - Direct/Mr. Miller

91
1

of the site.

2

Q.

3

they formed a similar opinion on the technology which

4

should be used and where it should be used?

5

A.

6

site are consistent with my recommendations.

7

So does it appear in terms of Exxon's actions

Yes.

The actions that Exxon has taken at this

THE COURT:

Let me understand.

You said they

8

did pump and treat on or near the site just west of

9

the site, and your recommendation is just west of the

10

site.

11

that needs to be done with regard to pump and treat or

12

has that been completed?

13

So are you suggesting there is anything else

THE WITNESS:

With respect to this particular

14

site, the current pump and treat system is the only

15

active remediation or active restoration program that

16

is required at this site.

17

contamination could be addressed through monitored

18

natural attenuation.

19
20
21
22
23
24
25

THE COURT:

The remaining parts of the

So your opinion is pump and treat

is no longer an issue for restoration?
THE WITNESS:

That is correct because

ExxonMobil is already doing that.
THE COURT:

So the only issue for this site

is, as you see it, the monitoring wells?
THE WITNESS:

There are actually two issues.

Brown - Direct/Mr. Miller

92
1

One is the ongoing monitoring of the wells to

2

demonstrate that natural attenuation is controlling

3

the contamination and reducing the concentrations into

4

the future.

5
6

The second thing is there is still required
some off-site investigation required.

7

THE COURT:

I wanted to know what we are

8

limiting ourselves to as to what still needs to be

9

done in your opinion.

10
11

Maybe this is a good time to break.
back at around 1:10, please.

12

THE DEPUTY CLERK:

13

(The luncheon recess is taken.)

14

(Continued on the next page.)

15
16
17
18
19
20
21
22
23
24
25

///

All right.

Let's be

Brown - Direct/Mr. Miller

93
A F T E R N O O N

1

S E S S I O N

2
3

(In open court.)

4

THE DEPUTY CLERK:

5

THE COURT:

6

You may continue.

All rise.

Thank you.

7
8

ANTHONY BROWN, resumed.

9
10

DIRECT-EXAMINATION (continued)

11

BY MR. MILLER:

12

Q.

Good afternoon.

13

A.

Good afternoon.

14

Q.

Mr. Brown, is the process of cleaning up

15

contaminated groundwater on-site and to the west,

16

those two extraction wells pumping to the centralized

17

treatment system, is that completed or is it ongoing?

18

A.

19

expert report in 2017, it was still ongoing.

20

Q.

21

account that Exxon had done some of the work that you

22

had proposed so as to eliminate those items from your

23

estimate?

24

A.

25

in 2013, ExxonMobil had actually done some of that

As of the time of the preparation of my updated

And did you in your 2017 report take into

Yes.

When you consider what I had recommended

Brown - Direct/Mr. Miller

94
1

work between 2013 and 2017.

2

recommendations in 2017 just to reflect what I felt

3

was outstanding.

4

Q.

5

want you to skip forward to site restoration.

6

Okay.

Therefore, I updated my

I want to go to where we are today.

So I

This is a summary of your recommendations in

7

your report.

Is that correct?

8

A.

On the 2017 report, yes.

9

Q.

You recommend six monitoring well clusters.

You

10

previously described a cluster well is where you have

11

multiple completions basically in the same hole?

12

A.

13

wells completed in different holes very close to each

14

other, within a few feet of each other.

15

Q.

Hence, the name "cluster"?

16

A.

Correct.

17

Q.

And the reason you have several of them is so

18

that you can do depth discrete sampling?

19

A.

20

consolidated zones, and within the bedrock, we have

21

Zones Z, A, B, C, D, and then clearly even zones below

22

that.

23

screened in those individual zones.

24

Q.

25

have to do with your site restoration plan?

Actually, no.

A cluster well are monitoring

That is correct.

You may recall, we have

So we had recommended that the wells be

And what did the six monitoring well clusters

Brown - Direct/Mr. Miller

95
1

A.

Essentially, they would allow us first to have

2

greater understanding of the distribution of the

3

contamination within the aquifer to the west of the

4

Exxon site, and then those wells can be used to

5

perform the ongoing monitoring needed to demonstrate

6

natural attenuation was sufficient to ultimately allow

7

the restoration of groundwater to a pre-discharge

8

condition.

9

Q.

So the monitored part of natural attenuation,

10

your proposal is six well clusters?

11

A.

12

the wells.

13

locations where additional data was needed.

14
15
16

Actually, the monitoring would be done on all of
This means we believe there were still six

THE COURT:

And how many wells was that going

to include?
THE WITNESS:

To date, there are 40 monitoring

17

wells at the site, and then we are proposing six

18

clusters.

19
20
21

THE COURT:

When you say "clusters," how many

in a cluster?
THE WITNESS:

It varies.

In some there's only

22

two, and in other there are five.

23

the exact number, but it's probably on the order of

24

about 20 more monitoring points.

25

THE COURT:

I can't remember

Is there any issue with the

Brown - Direct/Mr. Miller

96
1

location of them and who owns the property?

2

THE WITNESS:

We don't believe so.

We tried

3

to position them either on property where wells have

4

already been installed or on properties where we

5

believe you should be able to get access.

6

BY MR. MILLER:

7

Q.

8

clusters is specifically tailored to this site and

9

MTBE concentration factors?

The recommendation for six monitoring well

10

A.

Correct.

Those are specific to the conditions

11

at this particular site.

12

Q.

13

contained in your 2017 report?

14

A.

It is, yes.

15

Q.

And was an earlier version with additional

16

recommendations in your 2013 report?

17

A.

18

additional recommendations within that report.

19

Q.

20

situation?

21

A.

22

actions subsequent to 2013 that required me to reduce

23

the scope of the recommendations for this site in

24

2017.

25

Q.

Is that particular set of recommendations

There was in my 2013 report.

There were

And you've downsized them to fit the current

Correct.

ExxonMobil had performed certain

Next slide, please.

Brown - Direct/Mr. Miller

97
1

This is your list of site restoration products

2

of a part of 2017 expert report?

3

A.

That is correct, yes.

4

Q.

There is only one item that has an asterisk,

5

"well-head treatment system design permitting," 59

6

thousand and change, and the asterisk at the bottom

7

says, "claim withdrawn."

8
9

MR. MILLER:

Your Honor, to clarify, we've

notified counsel in writing that we are not making

10

that claim in view of the current situation.

11

of it describes the additional work that needs to be

12

done for --

13
14

THE COURT:

That should be crossed out and

that amount deducted.

15

MR. MILLER:

16

THE COURT:

17

THE WITNESS:

The rest

Right?
Correct.

Thank you.
I should clarify.

There is also

18

a contingency that would be deducted as well.

19

total that would be deducted is the 59,000 for that

20

line item and another 10,000 of contingency.

21

THE COURT:

22

contingency.

23

So the

But you have $247,410 on

of that?

24
25

You are only taking a small amount out

THE WITNESS:

10,000, which would be the

contingency related to the well-head treatment.

Brown - Direct/Mr. Miller

98
1

THE COURT:

2

THE WITNESS:

Tell me what "contingency" means.
So obviously when performing a

3

investigation and restoration program, when one

4

develops an initial cost, there is always some degree

5

of uncertainty what the ultimate cost might be, and in

6

fact I think it's probably pretty normal in our

7

business to find that the ultimate cost is often more

8

than one initially estimates.

9

Sort of when you get a contractor to do some

10

work on your house, the chances of him coming under

11

that bid are pretty slim.

12

the costs are greater because of uncertainties.

13

the contingency addresses those uncertainties.

14
15

THE COURT:
contingency is?

16

So, generally, we find that
So

How did you determine what the

A certain percentage?

THE WITNESS:

Correct.

For this site it's 15

17

percent, and it's based upon contingency factors that

18

are documented by USEPA for when one is preparing such

19

costs.

20

THE COURT:

Okay

21

BY MR. MILLER:

22

Q.

23

coming up with the costs?

24

A.

Yes, we did.

25

Q.

Could you briefly describe it.

Did you also use the standard methodology for

Brown - Direct/Mr. Miller

99
1

A.

Certainly.

So what we did is we developed

2

essentially a very large menu of likely items that

3

would have to be done at any particular service

4

station, and I believe they were on the order of 70

5

different items on the menu from installation of the

6

monitoring well in bedrock to 50 feet might be one

7

line item.

8

activated carbon treatment system.

It could be the installation of a granular

9

So there were various line items that when one

10

looks specifically at the site you would pick from the

11

menu, and the line item costs were based on either

12

fixed hard numbered bids that we received from local

13

contractors, estimated costs from publications.

14

are a series of publication put out that document

15

typical construction costs.

16

professional services, our own estimate, as to what

17

those would be.

18

THE COURT:

There

And then also for

Could you just explain -- because,

19

obviously, if I added every one of these line items,

20

it's more than your bottom line.

21

actually adding?

22
23
24
25

THE WITNESS:

So what am I

So you are actually adding the

total capital cost -THE COURT:

Take out the cost of the

monitoring wells on top.

Brown - Direct/Mr. Miller

100
1
2

THE WITNESS:
wellhead capital --

3
4

THE COURT:

That was all part of the total

capital.

5
6

So the monitoring wells and the

THE WITNESS:

-- would have come into total

capital.

7

THE COURT:

8

THE WITNESS:

Got it.
Because the wellheads come out,

9

the total capital amount would be the 860,000.

10

you are adding that to the NPV monitoring, the

11

730,000.

12

Then

cost and --

That's based on the annual monitoring

13

THE COURT:

14

you multiply that by five.

15
16

THE WITNESS:

It's the 159,449 is per year and

Five, and you adjust it for net

present value.

17

THE COURT:

18

THE WITNESS:

Okay.

I've got it.

And that comes to 730,000.

19

then you have a contingency on top of those two

20

numbers, which is 15 percent of the total.

21

adding it up.

22

removed -- 860, 730, and 247.

And

23

In this case now one item has been

THE COURT:

24

Q.

I have it.

Thank you.

BY MR. MILLER:

25

So you are

Why did you recommend monitored natural

Brown - Direct/Mr. Miller

101
1

attenuation for five years versus some other period of

2

time, please?

3

A.

4

long the contamination would persist from 70 parts per

5

billion to 1 part per billion based upon certain

6

degradation factors; and based on the various

7

scenarios we run, it was somewhere from five to

8

70 years.

9

that is, the lowest number of years in developing our

Well, we actually performed an analysis of how

Therefore, we took the most conservative,

10

costs, even though it could run much longer than that.

11

Q.

12

about FLUTe wells versus cluster wells. What is a

13

FLUTe well?

14

A.

15

approach to completing multi-level monitoring points.

16

Okay.

There is some discussion in the papers

So a FLUTe well is a fairly innovative new

So you may recall, what we are recommending is

17

multiple wells close to each other in a cluster.

18

There are a variety of approaches that can be used to

19

draw a single hole, and complete a much more

20

complicated completion that has multiple sample ports.

21

So essentially you only have one hole, it's a

22

bigger hole, but then you have a much more complicated

23

completion.

FLUTe well is one of those types of

24

approaches.

The other one we often see commonly is

25

called a Westbay system.

Brown - Direct/Mr. Miller

102
1

Q.

What is the concern, if any, with either the

2

Westbay or FLUTe systems, if you could briefly explain

3

that?

4

A.

5

single bore hole with multiple sample ports is that

6

you can get a cross contamination between the ports

7

because essentially your seal between the ports is

8

quite small.

Therefore, that seal can become pump

9

compromised.

So there is greater concern about how

Generally, the concern when one is completing a

10

valid the results would be from a multi port versus a

11

cluster well where you know the well is completed just

12

in just one zone.

13

THE COURT:

14

THE WITNESS:

Are FLUTe wells accepted?
Yes, they are.

15

too.

16

I know of, there have been a lot of problems with

17

Westbays, and I had clients that drilled them out and

18

had to replace them.

19
20

They have been around longer.

Westbays are

THE COURT:

With the history

I'm not sure I got a

differentiation between Westbays and FLUTe wells.

21

THE WITNESS:

They are actually just two

22

different methodologies to complete a multiple sample

23

ports in a single bore hole.

24

BY MR. MILLER:

25

Q.

If, for purposes of understanding this FLUTe

Brown - Direct/Mr. Miller

103
1

well concept, you have shallow contamination at a

2

particular layer, and you have a desire or need to

3

sample lower than that, what would happen if the

4

single bore hole was used and the system failed for

5

any reason, to maintain separation for each of the

6

layers where they are taking samples?

7

A.

8

contamination between the layers.

9

no longer as valid because it doesn't represent a

10

Obviously, the concern then is you get cross
So your sample is

single zone.

11

Now, the way the wells are intended to be

12

installed, the hope is that that doesn't occur.

13

Unfortunately, with the history I know of the Westbay

14

system, it had occurred quite a bit of time in these

15

multiple completions.

16

Q.

17

contaminated groundwater that is shallow into a deeper

18

zone?

19

A.

20

installing one of these wells in an area where there

21

is very high shallow contamination, which generally

22

that's not where they are installed.

23

installed more distant from the release.

24
25

Could you literally introduce how it

You could.

That would mean you would be

They are usually

So you would usually be in monitoring levels
that are in tens or hundreds of parts per billion, not

Brown - Direct/Mr. Miller

104
1

the tens of thousands.

2

THE COURT:

3

THE WITNESS:

4

So that's not a real concern.
Particularly for this site, that

would not be a concern.

5

These wells, the FLUTe wells that have been

6

installed, are out in the more distant location where

7

one would not expect to see very high levels in

8

shallow zones.

9

Q.

Are FLUTe wells relatively new?

10

A.

The gentleman that developed them developed them

11

some time ago.

12

used more widely in recent years.

13

the first case I'm aware of where FLUTe wells were

14

used.

15

the first one that I have come across.

16

Q.

17

tells us how reliable they are?

18

A.

19

technology in its wide-spread use.

20

Q.

21

instead of FLUTe wells?

22

A.

23

process.

24

hole for each sample interval, you know you have

25

eliminated the risk of cross contamination if you

But I would say they have only been
In fact, this is

I'm sure they've been used elsewhere, but it's

Did the FLUTe wells have a track record that

I couldn't say.

Okay.

I have not evaluated the

Why did you recommend cluster wells

Cluster wells provide a more rigorous sampling
Because you are drilling an individual bore

Brown - Direct/Mr. Miller

105
1

complete the well perfectly, which would be a normal

2

well completion process.

3

In addition, many of the existing locations

4

that have been drilled by ExxonMobil were already

5

cluster wells.

6

approach to investigate the contamination at the site

7

up until the more recent period when they had used

8

some FLUTe wells.

9
10
11

They had already been using that

THE COURT:

What is the difference in cost

between a FLUTe well and a cluster well?
THE WITNESS:

I don't know the exact number.

12

I would anticipate because it's a single bore hole or

13

be it a larger bore hole, the FLUTe wells would be

14

less expensive.

15
16
17

THE COURT:

You don't know if it's

demonstrably less or what the cost actually is?
THE WITNESS:

I don't.

We reviewed the expert

18

reports for ExxonMobil's experts and we couldn't

19

identify any cost they presented as to the cost of the

20

FLUTe wells.

21

THE COURT:

So essentially your opinion today

22

is based on what you think is the best course to take,

23

and it's not looking at a cost comparison because you

24

don't really know what the cost differential would be?

25

THE WITNESS:

I think that's a reasonable

Brown - Direct/Mr. Miller

106
1

summation, yes.

2

THE COURT:

3

THE WITNESS:

4

Is FLUTe a brand name?
I think it may even be

trademarked.

5

THE COURT:

Thank you.

6

BY MR. MILLER:

7

Q.

8

your recommendation for five years of monitored

9

natural attenuation was arbitrary and duplicative.

10

Now, the defendants in their papers claim that

Do

you have a response?

11

MR. TULLY:

Your Honor, I'm just curious, no

12

part of this defendant's motion is seeking to exclude

13

this expert on his cost calculations.

14

sure this is a productive use of our time.

15
16

MR. MILLER:

I'm just not

I'll stop, with the Court's

permission.

17

THE COURT:

18

Q.

20

Go ahead.

BY MR. MILLER:

19

Okay.

station site.

I want to move to the Bakers Gulf service

21

MR. MILLER:

Which is Plaintiff's Exhibit 5 in

22

the PowerPoint, your Honor.

23

Q.

24

Turnpike in Waldwick, New Jersey, and you reviewed the

25

history of the site and you summarized it here.

This is a station located on the Franklin

Is

Brown - Direct/Mr. Miller

107
1

that correct?

2

A.

3

Correct, yes.
In this slide we show on the left just the

4

vicinity of the site, and the yellow star in the

5

middle is the location of the service station.

6

insert map is the State of New Jersey, and we can see

7

this site is in the northeast corner of the state, and

8

then we summarize its location and the history as an

9

operating gasoline station.

10

MR. TULLY:

The

Your Honor, before we go further,

11

if we can get some clarification, a number of slides

12

referred to, and, therefore, I'm expecting the

13

testimony the witness will be attempting to give

14

relate to information that was not considered as part

15

of the August 2017 supplemental report, and that's the

16

basis of our motion.

17

I just wanted to get some guidance because it

18

would be inappropriate to now supplement essentially

19

his expert report by testifying as to data that he did

20

not review.

21
22
23

THE COURT:

That he did not review.

You mean

didn't review at the time of his 2017 report.
MR. TULLY:

Some of which was not even sought

24

after the 2017 report, and plaintiffs concede in their

25

briefing that information that was provided as to many

Brown - Direct/Mr. Miller

108
1

of these well locations, it was provided in 2013, and

2

it is not referenced in any fashion in the 2017

3

report.

4

And now in these slides, if you look at the

5

back of the deck, apparently the testimony will be as

6

to that data, starting at slide 17 -- your Honor, this

7

is what we pointed out in our reply.

8
9

The witness also submitted an affidavit in
support of the opposition to the Daubert motion that

10

made some of these same points.

And as we argued in

11

our reply, I think quite correctly, you just can't do

12

that.

13

report with information that he apparently didn't even

14

have when he finalized that report.

He's now essentially supplementing his 2017

15

That's the essence of our motion, your Honor.

16

So this examination and cross-examination will take a

17

very different tact if he's either allowed to

18

supplement his report, which I contend he should not

19

be, or if he is.

20

THE COURT:

21

MR. MILLER:

Mr. Miller.
Your Honor, I use a PowerPoint as

22

a guide, and you will see that I adjust my questions

23

to the situation and don't necessarily go over every

24

point in the PowerPoint just as I had not yet.

25

we get to that area, I can explain what we are doing

When

Brown - Direct/Mr. Miller

109
1

and why we are doing it the way we are.

2

was important to put it in context --

3

THE COURT:

I thought it

The underlying question being

4

raised is, Are there now attempts to give opinions

5

about matters for which there was evidence prior to

6

the submission of his report, which he did not include

7

in his original report but is now opining on.

8
9

MR. MILLER:
iota at all.

His opinions have not changed one

In fact, this data that they are talking

10

about is in my judgment trivial compared to the total

11

amount of data that was used and the total number of

12

documents that were used.

13

in that context, and it will assist the Court in

14

deciding whether or not their point has any real

15

relationship to his opinions.

16

THE COURT:

17

on it.

18

I think we need to put it

I'm going to allow some testimony

cross-examines --

19
20
21
22
23
24
25

We'll put it in context when he

MR. TULLY:

I was going to suggest, if we take

it conditionally -THE COURT:

That's fine.

I think that's the

way to go.
MR. MILLER:

I have no objection to taking it

conditionally.
THE COURT:

All right.

Please continue.

Brown - Direct/Mr. Miller

110
1

BY MR. MILLER:

2

Q.

3

site location.

Can we go to the next slide which discusses the

4

There are about 40 monitoring wells associated

5

with this site.

Correct?

6

A.

7

been installed by the parties responsible for the

8

release at the Gulf station or installed by other

9

parties but monitor the contamination associated with

There are 40 monitoring wells that either have

10

the release at the Gulf station.

11

Q.

We'll get to the other parties in a little bit.

12

Basically, those 40 monitoring wells

13

associated with the station, you have chemical

14

monitoring data for MTBE and TBA for how many years?

15

A.

For 19 years.

16

Q.

Do you regard that as a sufficient data set in

17

which to base opinions?

18

A.

19

chemistry data set, yes.

20

Q.

21

your analysis?

22

A.

I did, yes.

23

Q.

Up through 2017, the time of your last report.

24

Correct?

25

A.

Yes.

For this site there is a reasonable

Did you consider all 19 years of data in doing

Correct.

Brown - Direct/Mr. Miller

111
1

Q.

2

documentation you used for this site, it's over 8,000

3

documents.

4

A.

That is correct.

5

Q.

Let's go to the next slide.

6

All right.

And then in terms of the amount of

Correct?

It discusses the regional hydrogeology.

7

you explain the setting to us, please, from a

8

hydrogeological perspective .

9

A.

Can

Certainly, yes.

And I will try to keep it as

10

simple and understandable for a layman as possible.

11

Essentially, the site is located in an area

12

where the initial deposits below the ground surface

13

are again unconsolidated sediments.

14

glacial deposits.

15

units like sand and gravel, and also some finer units

16

that contain some glacial silts and clay.

17

They are actual

They contain both coarse grain

Below that there is bedrock again, and, again,

18

in this area the bedrock is essentially dipping, and

19

here it's dipping to the south, and the bedrock is

20

part of what's referred to as the Passaic Formation.

21

It contains one of the main aquifers that's used for

22

water supply in this part of New Jersey

23

Q.

24
25

The next slide, please.
You evaluated receptors.

A.

Yes.

Correct?

As part of our assessment of the regional

Brown - Direct/Mr. Miller

112
1

background information we identified eight public

2

water supply wells within one mile.

3

those are within what was termed the court delineation

4

area and the others were outside of that area.

5

Now, only two of

We also identified the nearest surface water

6

bodies, including the pond and the brook about

7

1500 feet to the south of the service station.

8

Q.

9

receptors.

10

A.

Now, there were MTBE detections in some of those
Is that correct?

That's correct.

11

The next slide actually shows some of the

12

detections at the Ridgewood Andover Well, and there

13

was one just one detection back in 1999, and there

14

were also some detections at the additional well we

15

identified.

16

and there have not been consistent detections

17

particularly in recent years.

18

Q.

19

you can briefly explain?

20

A.

Again, these were historical detections,

Why a "non-detect" followed by a "detect," if

There are two issues one has to consider here.

21

The first is, say, for example, at the

22

Ridgewood Andover Well in 1999, the concentration that

23

was detected in July of that year was .7 parts per

24

billion.

It was very low.

25

the PQL.

So non-detect might be very close to that

In fact, it was even below

Brown - Direct/Mr. Miller

113
1

concentration, but the lab just couldn't see it.

2

Q.

3

well, when you look at the chemistry data, is it

4

common to have variation in the concentration?

5

A.

6

sample is never identical each time you take a sample.

7

The old adage is:

8

twice.

9

Q.

Even if you have consistent detection in the

Yes.

In fact, one would expect that.

The

You never step in the same river

And the chronology for the site, please.

You

10

reviewed the historical data and plotted it on a

11

timeline.

12

A.

13

that we used, Step 3 was to review the site-specific

14

data, and that included developing a very complete and

15

lengthy summary of all of the activities at the site,

16

and then we summarized the key elements on this

17

timeline.

18

Q.

19

site was what and when?

20

A.

21

per billion.

22

Q.

In a monitoring well on the site property?

23

A.

It was MW-5.

24

Q.

Which is an abbreviation for monitoring well

25

No. 5 associated with this station?

Is that correct?

Yes.

You may recall in the standard methodology

The maximum concentration of the MTBE at the

The maximum concentration was 2,500,000 parts
That was detected, I believe, in 1999.

Brown - Direct/Mr. Miller

114
1

A.

That's correct.

2

Q.

You also made a note in 2012 on this chronology

3

that the latest maximum MTBE concentration at Kaplan

4

Cleaners was 14,000 parts per billion, listing a

5

monitoring well number.

6

A.

That is correct.

7

Q.

And that's in 2012 at Kaplan Cleaners Monitoring

8

Well 2-D.

9

MTBE's occurrence in Kaplan Cleaners wells?

Correct?

And in your 2013 report did you discuss

10

A.

I did, yes.

11

Q.

Now, a dry cleaners such as Kaplan Cleaners,

12

MTBE is not something you would expect to be at their

13

site from their activities.

Is that correct?

14

MR. TULLY:

Objection; foundation.

15

THE COURT:

It's basically a leading question.

16

So why don't you just ask him the question.

17

MR. TULLY:

It also calls for speculation.

18

THE COURT:

I don't know that it does.

19

real question is:

20

from what they do?

21

MR. TULLY:

22

storage tanks on premises.

23

THE COURT:

The

Do you get MTBEs from dry cleaners

You do if they have underground

Look, you're testifying for me

24

now.

That's your cross-examination.

We're talking

25

about from the general use of the dry cleaners.

Feel

Brown - Direct/Mr. Miller

115
1

free to explore this on your questioning.

We will

2

eventually get to that.

3

BY MR. MILLER:

4

Q.

5

own for their site.

6

A.

That is correct, yes.

7

Q.

What was their contaminant of concern or the

8

reason they were doing this monitoring?

9

A.

Kaplan Cleaners had monitoring wells of their
Correct?

They were investigating a release of PCE, which

10

is perchloroethylene, and it often goes just by the

11

abbreviation PCE, and that is the solvent used in dry

12

cleaning.

13

Q.

14

cleaning sites that have had releases?

15

A.

16

cleaning solvent in nearly all dry cleaning sites.

17

Q.

18

PCE, is it uncommon to have MTBE results disclosed by

19

the lab?

20

A.

21

oxygenates as part of the standard analytical package

22

for volatile constituents, the lab reports not only

23

the PCE but the concentration of the ether oxygenates,

24

including MTBE, along with many other constituents.

25

Q.

Okay.

Yes.

So is PCE commonly associated with dry

It was historically used as the dry

And when they submitted samples that tested for

No.

Now that the labs include the ether

So when you reviewed a completely separate file

Brown - Direct/Mr. Miller

116
1

for Kaplan Cleaners, did you find some MTBE data that

2

you used in your 2013 opinion?

3

A.

4

at the Kaplan Cleaners during their investigation,

5

they had detected high concentrations of MTBE in the

6

deeper samples that is within the lower intermediate

7

zone in the bedrock.

8

Q.

9

briefly?

Yes.

As part of the analysis of samples taken

How did that relate to your 2013 opinions,

10

A.

Essentially, we had identified that this site

11

was directly down-gradient of the release at the Gulf

12

station, and this site had detected high

13

concentrations of MTBE in the groundwater,

14

particularly deeper groundwater, that clearly were

15

associated with the release at the Gulf station.

16

Q.

17

in millions of parts per billion, can that create a

18

plume that is long and large?

19

A.

20

particular case, also, it dives and goes deep as it

21

migrates to the south.

22

Q.

23

more than 10,000 parts per billion, actually 14, in

24

your mind and in your opinion, is that reasonably

25

explained by migration of an MTBE plume from the gas

Now, if you have a release at the Gulf station

It can, yes, long and large; and in this

And the concentration at the dry cleaners of

Brown - Direct/Mr. Miller

117
1

station we are talking about, Bakers Waldwick Gulf, to

2

the Kaplan Cleaners site?

3

A.

4

with the release at the Gulf site.

5

Q.

6

thousand of parts per billion, did you expect that if

7

we went back there in 2017 it would all be gone?

8

A.

No.

9

Q.

Why is that?

10

A.

Essentially, the concentrations obviously were

11

very high for an off-site location.

12

active remediation going on for the groundwater in

13

that area; therefore, one would have expected the

14

concentrations to persist not only because they were

15

there previously, but because they would be continuing

16

to migrate in that direction from the Gulf site.

17

Q.

18

the nature of remediation activities at the Gulf

19

station?

20

A.

21

property itself, the Gulf property.

22

Q.

Could you describe that, briefly.

23

A.

Yes.

24

extraction and air sparging.

25

discussed those technologies earlier.

Yes, that is what's indicated.

It is associated

Since you were seeing it in 2013 in the tens of

There was no

And in forming that opinion, did you consider

Yes.

There had been ongoing remediation at the

They had been conducting some multiphase
You may recall, I
Essentially,

Brown - Direct/Mr. Miller

118
1

they were bubbling air into the aquifer to oxygenate

2

and strip out some of the contamination, and then they

3

were doing multiphase extraction to suck out high

4

levels of contamination in the vadose zone and

5

dissolved in the groundwater directly beneath the

6

site.

7

Q.

8

your 2017 report, did they have any pump and treat

9

system that was designed to prevent MTBE dissolved in

And throughout the history of this site, up to

10

groundwater from moving away from the site?

11

A.

They did not.

12

Q.

And in contrast, the Exxon Livingston station

13

did have that.

14

A.

15

treat system which they later expanded to even include

16

pumping off-site.

17

Q.

18

remediation being done at this Gulf station, did you

19

expect that distant contamination such as that at

20

Kaplan Cleaners would continue to occur?

21

A.

Yes, that's a fair statement.

22

Q.

And was that concept expressed in your written

23

reports in both 2013 and 2017?

24

A.

Yes, it was.

25

Q.

And when you were preparing your 2017 report,

Correct?

The Exxon station did have an on-site pump and

So, basically, given the nature of the

Brown - Direct/Mr. Miller

119
1

were you able to get your hands on updated Kaplan

2

Cleaners data?

3

A.

4

the 2017 report, we had expected that additional

5

samples had been taken at the Kaplan Cleaners site;

6

therefore, we made a request through legal counsel if

7

that information could be obtained.

8

time of the preparation of my report in 2017, we have

9

not received that data.

Between the preparation of the 2013 report and

But as of the

10

Q.

Now, if we look at the groundwater contamination

11

data, if we can turn to that slide, please -- I'm

12

sorry, groundwater flow.

13

I inadvertently skipped one.

This is concepts that you had about how

14

groundwater was moving with MTBE in it that were

15

expressed in your opinions.

16

reports.

17

A.

18

conditions at and to the south of the Gulf site.

19

Q.

20

here include movement of a plume of MTBE toward the

21

Kaplan Cleaners site?

22

A.

Yes.

23

Q.

And you have expressed the opinion that both in

24

bedrock and in the unconsolidated material it's moving

25

at times to the south and then other times to the

Yes.

Is that correct?

Your

Here we're summarizing the groundwater

And did the flow directions that you describe

In general, it's moving to the south.

Brown - Direct/Mr. Miller

120
1

southwest; this is the natural variation in flow

2

direction.

3

A.

4

it varies south-southwest to south-southeast; and in

5

the bedrock, generally, it's south-southeast.

Is that correct?

In the shallow zone.

In the intermediate zone,

6

Perhaps if we go to the previous slide, it

7

annotates here that cross-section that shows those

8

different zones.

9

Q.

And is that opinion about the direction of the

10

groundwater flow based on hydrogeological data,

11

namely, measurements of water levels in wells?

12

A.

That is correct.

13

Q.

Let's turn to the groundwater contamination

14

summary.

15

The first detection at the site was 81,000

16

parts per billion, but the concentration went up

17

two years later to 2,500,000 parts per billion.

18

would it go up during that period of time?

19

A.

20

different wells.

21

site, they had drilled four wells.

22

detection was in MW-1, Monitoring Well 1.

23

Why

Well, actually, those were samples taken at two
When it was first detected at the
So the first

Subsequently, they installed some additional

24

monitoring wells.

And when they sampled MW-5 a couple

25

of years later, that was the well that was closest to

Brown - Direct/Mr. Miller

121
1

the point of the release, and had the maximum

2

concentrations.

3

Q.

Is that the apparent explanation for the change?

4

A.

Yes.

5

Q.

I want to go to the remediation plan.

6

It's simply the location of the well.

Before I get there, with respect to the

7

feasibility study for Bakers Gulf, did you follow the

8

same procedures you described earlier?

9

A.

Yes.

It was the exact same analysis.

We did a

10

feasibility analysis or feasibility study that applied

11

for all of the sites, and then we specifically

12

selected the technologies that were appropriate for

13

each individual site, and the feasibility study was

14

contained within my expert report along with the

15

site-specific selection of technologies.

16

Q.

17

The next slide, please.
This is your site restoration plan.

It

18

involves a recommendation for 11 monitoring well

19

clusters and one off-site pump and treat system and

20

monitored natural attenuation for five years after

21

pump and treat.

22

A.

That is correct, yes.

23

Q.

One of the reasons you are recommending a pump

24

and treat system is to date none has ever been done at

25

this site.

Is that correct?

Is that correct?

Brown - Direct/Mr. Miller

122
1

A.

There had been no pump and treat and there had

2

been no off-site remediation to address the high

3

levels of contaminant present to the south of the Gulf

4

site.

5

Q.

6

and treat system?

7

A.

8

considered the hydrogeologic conditions that would

9

make pump and treat the most appropriate technology.

And that's the reason you recommended the pump

Yes, along with other factors.

We obviously

10

Q.

Now, does the Bakers Waldwick Gulf site have as

11

extensive an off-site monitoring network as the Exxon

12

station?

13

A.

14

a significant number of wells, especially when you

15

consider the wells that were installed as part of the

16

Kaplan Cleaners investigation.

17

significant data gaps in terms of identifying where

18

the contamination is present to the south of the site.

19

Q.

20

higher level or number of monitoring well clusters?

21

A.

That's correct.

22

Q.

You recommended monitored natural attenuation

23

for five years after pump and treat.

24

pump and treat?

25

A.

I would not say it's as extensive.

They do have

However, there's still

And is that the reason you recommended the

Why not during

Actually, the monitoring does go on while the

Brown - Direct/Mr. Miller

123
1

pump and treat is taking place.

2

done on a quarterly or in some cases semi-annual basis

3

from the time the wells are first installed.

4

So the monitoring is

So what we are recommending here is that

5

monitoring should continue for five years after the

6

pump and treat system stops operation.

7

Q.

8

70 parts per billion or lower.

9

A.

For MTBE, that's correct, yes.

10

Q.

Then you have a site restoration cost estimate,

11

the next one, and you used the same techniques for

12

developing the restoration costs and recommendations

13

for this site, as you described earlier.

14

correct?

15

A.

16

sites.

17

Q.

18

Basically, after you get down to concentrations
Correct?

Is that

Yes, the same approach we took to all of the

Now, let's go to the Kaplan data.
MR. TULLY:

Your Honor, just so that you can

19

follow along, this is now the data that was in the

20

plaintiffs' possession but not considered at the time

21

of the 2017 report.

22

THE COURT:

23

BY MR. MILLER:

24

Q.

25

Is that correct?

Thank you.

The Kaplan data involves eight monitoring wells.

Brown - Direct/Mr. Miller

124
1

A.

There are eight monitoring wells at the site,

2

that is correct.

3

Q.

4

from that set of monitoring wells that included MTBE

5

detections.

6

A.

7

the preparation of my expert report.

8

Q.

9

did your original report and 2017 when you did your

And when you did your 2013 report, you had data

Is that correct?

That is correct.

We had data collected prior to

Now, had anything changed between 2013 when you

10

supplemental report that would cause the natural

11

behavior of MTBE in groundwater to change, in your

12

opinion?

13

A.

14

continued migration.

15

Q.

16

continue to go into groundwater in the service station

17

area.

18

A.

19

that was done at the Gulf site, they had actually

20

removed most of the contamination beneath the Gulf

21

site.

22

declining significantly during the period they

23

implemented the on-site remediation program.

24

Q.

Okay.

25

A.

So we were not looking really at a situation

Not that I could think of, no, other than the

So given the nature of MTBE, you expected it to

Correct?
Actually, if you look at the on-site remediation

So the concentrations on the site had been

Brown - Direct/Mr. Miller

125
1

where there was significant new contamination being

2

added to the groundwater.

3

concentration or massive contamination that now was

4

simply migrating further to the south.

5

Q.

6

move unimpeded away from the site and toward the

7

Kaplan Cleaners, in your opinion?

8

A.

And beyond the Kaplan Cleaners.

9

Q.

And that was your opinion in 2013?

10

A.

It was, yes.

11

Q.

And 2017?

12

A.

Correct.

13

Q.

Now, if you compared all the data associated

14

with the Kaplan Cleaners site to all the data you had

15

for the overall MTBE picture for the Gulf station,

16

could you describe the relative contribution of those

17

data points for me?

18

A.

19

just took the wells that are being installed by Gulf,

20

which is approximately 32 wells, and they had

21

monitoring data for 19 years collected multiple times

22

a year for all of those locations, we had a very

23

significant data set.

24
25

So we had a finite

And the groundwater was going to continue to

If I understand the question correctly, if we

For Kaplan Cleaners they installed eight
wells, and I believe at the 2013 timeframe, the wells

Brown - Direct/Mr. Miller

126
1

had only been sampled once or twice.

So a much more

2

limited data set for the Kaplan Cleaners than we had

3

for the wells being installed by Gulf.

4

Q.

5

frequently.

6

A.

That's correct.

7

Q.

Do you have any understanding why that was?

8

A.

I can't say for certain, but I believe the

9

Kaplan Cleaners was essentially an orphan site.

So they weren't sampling the wells as
Is that correct?

That

10

means there was no responsible party who was

11

implementing the investigation remediation program and

12

therefore was relying on public funds to implement the

13

program.

14

Q.

15

since 2013 as part of your response to this motion?

16

A.

17

had assumed there may be some new samples that had

18

been collected at the Kaplan Cleaners between 2012,

19

which is when we had a data set to prepare the report,

20

and 2017 when my updated report was prepared.

21

Have you looked at the Kaplan Cleaners data

Yes.

You may recall earlier I mentioned that we

We made a request through legal counsel if

22

there was any data, but at the time of the preparation

23

of the 2017 report we had not received that data, but

24

we did receive it subsequent to the preparation of the

25

2017 report.

Brown - Direct/Mr. Miller

127
1

Q.

And did they find MTBE at lower concentrations

2

later in time?

3

A.

At Kaplan Cleaners?

4

Q.

Yes.

5

A.

No.

6

fact, slightly higher.

7

Q.

8

terms of the concentration.

9

A.

The concentrations were very similar.

In

So the conditions were essentially unchanged in

Yes.

Correct?

The new samples essentially confirmed the

10

earlier results.

11

Q.

12

didn't have before?

13

A.

14

confirmed the previous data I had that supported the

15

opinions that I presented.

16

Q.

17

the additional Kaplan's data after 2013?

18

A.

No.

19

Q.

Are your opinions the same today after reviewing

20

it?

21

A.

Yes.

22

Q.

Would it change the estimate of the cost of

23

dealing with it at all, the contamination?

24

A.

25

And did it provide any new information that you

It provided new data.

But that data simply

Did you form any new opinions because of getting

It has not, no.
MR. MILLER:

That's all the questions I have

Brown - Cross/Mr. Lender

128
1

at this time, your Honor.

2

I was trying to finish at

2:00, and I missed.

3

THE COURT:

4

Livingston is going to go first.

5

MR. LENDER:

6

I think you're close enough.

Yes, your Honor.

Would it be

okay if I just take a five-minute break.

7

THE COURT:

8

THE DEPUTY CLERK:

9

(Recess.)

10

Okay.
All rise.

* * * * *

11

(In open court.)

12

THE DEPUTY CLERK:

13

THE COURT:

14

You may proceed.

All rise.

Thank you.

15

CROSS-EXAMINATION

16

BY MR. LENDER:

17

Q.

18

concerning the Livingston site back in November of

19

2012 and a revised report in January of 2013.

20

correct?

21

A.

That is correct.

22

Q.

And then

23

August of 2017.

24

A.

That is correct.

25

Q.

During that more than four-year period between

Mr. Brown, you filed your initial expert report

Is that

you issued your most recent report in
Right?

Brown - Cross/Mr. Lender

129
1

your original report and your most recent report, the

2

Livingston site has continued to be cleaned up under

3

the direction of the LSRP.

4

A.

That's my understanding.

5

Q.

And just so we have it, that's a new term we

6

used for the first time.

7

remediation professional who is licensed by the State

8

under the supervision of the Department of

9

Environmental Protection and is responsible for

10

Correct?

An LSRP is a licensed site

cleaning up sites in New Jersey.

11

MR. KAUFMANN:

Correct?

Your Honor, that's a legal

12

issue and that's an incorrect description of what an

13

"LSRP" is.

14

An LSRP is licensed by the State and --

THE COURT:

I prefer that you not testify.

15

if you think it's not accurate, you can rephrase it;

16

or if you know the answer and you would like to

17

correct it, feel free.

18

What is an "LSRP," as you understand it?

19

THE WITNESS:

An LSRP is a licensed

20

professional within the State of New Jersey.

It's

21

hired by the responsible party to direct the

22

investigation and remediation program at a release

23

site.

24

BY MR. LENDER:

25

Q.

And the LSRP, as you understand, essentially

So

Brown - Cross/Mr. Lender

130
1

steps into the shoes of the DEP.

Correct?

2

A.

3

take over the oversight.

4

the DEP and the DEP on occasion might audit the

5

report.

6

Q.

7

report and your most recent report, you understand

8

additional monitoring wells have been installed at the

9

Livingston site.

I wouldn't use that phrase.

They essentially

They submit their reports to

During the period of time between your original

Correct?

10

A.

That's correct.

11

Q.

And you also explained during your direct

12

testimony that natural attenuation will be relied upon

13

to further clean up the Livingston site.

14

A.

15

address the contamination at this site.

16

Q.

17

biodegradation, dilution and other natural processes

18

contamination gets further reduced.

19

A.

20

essentially diluted or in some areas the

21

concentrations are actually declining as a result of

22

degradation.

23

Q.

24

are monitoring the natural attenuation or not.

25

Correct?

Yes.

Correct?

That would be one of the approaches to

Natural attenuation is the process where through

Yes.

Correct?

Either the contaminant penetrations are

And natural attenuation can occur whether you

Brown - Cross/Mr. Lender

131
1

A.

Yes.

Natural attenuation processes are natural

2

processes.

3

occurring if you actually monitor.

4

Q.

5

the monitoring that further cleans up the contaminated

6

sites.

7

A.

8

declining concentration are the natural attenuation

9

processes.

However, one only knows if they are

To be clear, it's the natural attenuation, not

Right?
The processes that actually result in the

10

Q.

So whether we add more monitoring wells or fewer

11

monitoring wells, natural attenuation still occurs and

12

occurs at the exact same rate.

13

A.

14

to confirm they are ongoing and at what rate.

15

Q.

16

the monitoring.

17

A.

The monitoring is confirming it.

18

Q.

So adding more monitoring wells will not clean

19

up the Livingston site any faster.

Correct?

20

A.

It will allow us

21

to more effectively monitor that the processes are in

22

fact occurring and occurring appropriately.

23

Q.

24

proposed, will not get the Livingston site to

25

pre-discharge conditions any faster, and if we don't

Correct?

The processes are still ongoing.

That's right.

We just need

It's the natural attenuation, not

Correct?

It will not change the rate.

And adding more monitoring wells, as you have

Brown - Cross/Mr. Lender

132
1

add those monitoring wells.

2

A.

3

whether it is actually occurring in the expected way.

4

Q.

5

remediation activities that have occurred at the

6

Livingston site since you issued your initial report

7

in 2012 has resulted in significant changes to many of

8

the opinions presented by you in your original report.

9

Correct?

No.

Correct?

We'll simply understand from the wells

Now, all of the additional investigation and

10

A.

That's correct.

Quite a few of the opinions I

11

presented in 2013 had to be changed in response to the

12

work performed by ExxonMobil.

13

Q.

14

your initial report are now no longer necessary in

15

your opinion.

16

A.

17

being implemented by ExxonMobil.

18

Q.

19

recommended that active remediation be expanded to the

20

northwest of the Livingston site.

21

A.

22

that was just on the west side of Livingston Avenue

23

where historically higher concentrations of MTBE had

24

been detected just on the east side of Livingston

25

Avenue.

And as a result, certain things you proposed in

Correct?

Either they are no longer necessary or they are

For example, in your original report you had

That is correct.

Correct?

We had recommended a system

Brown - Cross/Mr. Lender

133
1

Q.

And now you no longer believe that is justified

2

based on the conditions at the Livingston site.

3

Correct?

4

A.

5

performed by ExxonMobil in that area just west of

6

Livingston Avenue indicated that the concentrations

7

were much lower than expected; therefore, active

8

remediation would not be needed.

9

Q.

That's correct.

The subsequent investigation

So you are no longer seeking any costs for that

10

off-site remediation system.

11

A.

That is correct.

12

Q.

Now, work has continued to be done to clean up

13

MTBE in connection with the Livingston site even since

14

you issued your report in August of 2017.

15

A.

That would be my expectation, yes.

16

Q.

And you understand and concede that the dynamic

17

nature of the contamination plume and remediation

18

activities at the Exxon Livingston site means that

19

circumstances at the site are in constant flux.

20

Correct?

21

A.

22

there are changing ongoing at any particular release

23

site with respect to the migration of the

24

contamination and obviously in relation to any actual

25

remediation that's ongoing.

Yes.

Correct?

That's true for any site.

Correct?

Obviously,

Brown - Cross/Mr. Lender

134
1

Q.

So that means assuming you are allowed to

2

testify that the additional steps you have proposed in

3

your August 2017 report might no longer be necessary

4

by the time you testify at trial.

5

A.

6

would depend on data that has been collected

7

subsequent to the preparation of my 2017 report.

8

Although I would expect the majority of the

9

recommendations would still likely be needed.

Right?

I could not say whether they would or not.

It

10

Q.

And whatever you might say at a trial, for

11

example, might no longer be necessary by the time any

12

appeals run.

13

A.

14

know at this time what the data might reveal in the

15

future.

16

Q.

17

decide to do some of the things you are recommending

18

in your report.

19

A.

20

recommended in 2013 were actually implemented.

21

Q.

22

to pay for that work.

23

A.

That would be my understanding, yes.

24

Q.

And if that happens, it could moot some of your

25

opinions.

Correct?

It would depend upon site conditions.

We don't

For example, it's possible that the LSRP could

Right?

That is correct.

Just as some of the things I

And if that happens, ExxonMobil will be required

Right?

Right?

Brown - Cross/Mr. Lender

135
1

A.

Potentially.

I would have to speculate whether

2

it would or not.

3

Q.

4

reach accurate conclusions, it needs to be based on

5

the most current conditions at the site.

6

A.

7

of the cases I'm involved in, there is essentially a

8

cut-off or else you will be forever updating your

9

report over and over again every time a new piece of

In fact, you agree that for a finder of fact to

In an ideal situation, yes.

Right?

Unfortunately, most

10

data was created.

And every time you have a report,

11

then you would have depositions.

12

go to trial, there would be more data.

13

just run forever.

14

cut-off date imposed.

15

Q.

16

opinions and see where we go with that.

And by the time you
So it would

So usually there is a deadline or a

Well, let's look at some of your specific

17

It's your opinion that ExxonMobil should

18

install additional monitoring wells to assist in the

19

delineation of MTBE and to further evaluate whether

20

additional remediation might be required with respect

21

to Livingston.

22

A.

Yes, that's correct.

23

Q.

And you are seeking $860,000 for the design and

24

installation of 21 additional wells for that purpose.

25

Correct?

Correct?

Brown - Cross/Mr. Lender

136
1

A.

Correct, at six discrete cluster locations.

2

Q.

And the reason why you believe these additional

3

monitoring wells should be installed is to further

4

characterize and delineate the extent of the

5

contamination.

6

A.

Yes.

7

Q.

Now, you understand that remediation falls

8

within the province of the DEP under its LSRP program.

9

Correct?

Correct?

10

A.

Yes, that's my understanding.

11

Q.

And part of remediation is delineating the

12

extent of the contamination.

13

A.

14

that as the "remedial investigation" because they're

15

the components of the overall remedial program.

16

Q.

17

directly within the province of the LSRP.

18

A.

19

delineating, but to the groundwater quality standards.

20

Q.

21

allowed to finish its work at Livingston unless and

22

until the LSRP decides that the site is adequately

23

delineated.

24

A.

Could you read the question back to me?

25

Q.

You understand that ExxonMobil is not going to

Yes.

Correct?

In certain types of projects they refer to

In fact, adequately delineating a site falls
Correct?

My understanding is they would be adequately

And you understand ExxonMobil is not going to be

Correct?

Brown - Cross/Mr. Lender

137
1

be allowed to finish its work at the Livingston site

2

unless and until the LSRP decides that the site is

3

adequately delineated.

4

A.

5

be required to do.

6

Q.

7

finish its work at Livingston until it completes all

8

of the required remediation work as directed by the

9

LSRP.

Correct?

That's my understanding of what the LSRP would

And ExxonMobil is not going to be allowed to

Correct?

10

A.

The remediation work, yes, would be directed by

11

the LSRP.

12

Q.

13

are necessary to fully delineate the site, it will

14

require that work be done and ExxonMobil will pay for

15

it.

16

A.

17

direct the work to be performed and Exxon would pay

18

for it.

19

Q.

20

assessment, the work presumably will not be directed

21

to be done at the Livingston site.

22

A.

23

work.

24

Q.

25

the DEP, could disagree with the LSRP's assessment and

So if the LSRP believes that 21 additional wells

Correct?
That would be my assumption, that they would

Of course, if the LSRP disagrees with your

Correct?

Unless Exxon elected to voluntarily do that

And, of course, another option is your client,

Brown - Cross/Mr. Lender

138
1

they could require the work to be done.

2

A.

I believe they have that authority, yes.

3

Q.

So if the DEP, your client, believes 21

4

additional wells need to be installed to fully

5

delineate the site, it could direct the LSRP to do

6

that work?

7

MR. KAUFMANN:

Correct?

Objection, your Honor.

Now, he

8

is asking questions about DEP policy, and I don't

9

believe that that is the field of Mr. Brown's

10

expertise.

11

THE COURT:

It may not be, but he's asking his

12

understanding because he's come up with the cost

13

estimates of what has to be done and compared remedial

14

issues versus the restoration.

15

So, if you know.

16

And I think he's been answering in the way

17

that he thinks he understands.

18

MR. LENDER:

Thank you.

19

BY MR. LENDER:

20

Q.

21

need to be installed to fully delineate the site, it

22

is your understanding that it can direct the LSRP to

23

do that work.

24

A.

25

authority they have.

If the DEP believes that 21 additional wells

Correct?

I would say I do not understand the full legal
My understanding would be that

Brown - Cross/Mr. Lender

139
1

the oversight agency normally would have some

2

authority to demand such work if they felt it

3

necessary.

4

Q.

5

reviewing sites and determining whether it's

6

adequately delineated and whether additional

7

monitoring wells need to be installed.

8

A.

9

essentially the program within the LSRP.

There is an entire regulatory framework for

Correct?

There is, and we have been discussing

10

Q.

11

the DEP, has never directed that these additional

12

wells be installed.

13

A.

I'm not aware of any such direction.

14

Q.

And you have never spoken to the LSRP about the

15

work you think should be done.

16

A.

I have not.

17

Q.

Now, Mr. Brown, you are aware in March of 2019,

18

so just two months from now, the LSRP overseeing the

19

Livingston site is required to file its remediation

20

investigation report?

21

A.

22

And, to your knowledge, to date, your client,

Correct?

Right?

I wasn't aware of that.
MR. LENDER:

Your Honor, if I could just mark

23

just so we can get the timing down as Defendant's

24

Exhibit 1, a document from Kleinfelder, Bates Range

25

XOM-NJDEP-REM-31310-1073785.

Brown - Cross/Mr. Lender

140
1

(Defendant's Exhibit 1 was marked for

2

identification.)

3

BY MR. LENDER:

4

Q.

5

Kleinfelder regarding the Livingston site.

6

see that on the first page.

7

Now, Mr. Brown, Exhibit 1 is a document from
You can

If you turn to the third page, do you see

8

where it says that the initial remedial investigation

9

report was due in March 1, 2017, and that the revised

10

date it's now due March 1st, 2019?

11

A.

I see that, yes.

12

Q.

Thank you.

13

Now, you understand that the remediation

14

investigation report is a report that the LSRP is

15

required to submit to the DEP as part of the State's

16

regulatory framework.

17

A.

That's my understanding.

18

Q.

And that report will need to set forth the

19

delineation for the site.

20

A.

21

the contamination.

22

delineation, but it would need to at least comment on

23

the extent.

24

Q.

25

description including the dimensions, contamination,

Correct?

Correct?

It will need to discuss the nature and extent of
It may not address complete

The report needs to include a detailed

Brown - Cross/Mr. Lender

141
1

and suspected sources of the contamination.

2

A.

That's my understanding.

3

Q.

And the report will also propose a

4

classification exception area or a CEA.

5

A.

6

understanding.

7

Q.

8

earlier that you've reviewed the regulations?

9

A.

Yes.

10

Q.

And the CEA sets forth the outerbounds of the

11

plume where all chemicals of concern are below the

12

water quality standards.

13

A.

14

an area of the groundwater where concentrations within

15

that area are above the groundwater quality standard.

16

Q.

17

identifications of wells and/or sampling points,

18

including those that represent the farthest

19

down-gradient extent of the groundwater contamination.

20

Correct?

21

A.

22

the groundwater quality water standard, not a

23

pre-discharge standard.

24

Q.

25

to require that additional monitoring wells be

I cannot state for certain.

You know what a CEA is.

That is the intent.

Correct?

Correct?

I believe that's my

Right?

You mentioned

Correct?
It's intended to identify

And the CEA also identifies the locations and

That's the intent behind the CEA with respect to

Now, are you aware of whether the LSRP is going

Brown - Cross/Mr. Lender

142
1

installed as part of the remediation investigation

2

report?

3

A.

4

discussion about ExxonMobil planning to do some

5

additional wells after my 2017 report.

6

Q.

7

installed, you would need to revisit your opinions.

8

Right?

9

A.

I can't say for certain.

Okay.

But I do recall some

And if more monitoring wells are

That would be true of any investigation.

I

10

would need to consider that to see if the new data

11

affected my opinions in any way.

12

a new monitoring well was installed and they found

13

very high concentrations of MTBE because they

14

intercepted a fracture that contained the

15

contamination, that obviously would have an impact on

16

my opinions.

17

Q.

18

have to pay to do the same work twice.

19

A.

I think that's a reasonable position to take.

20

Q.

Okay.

21

report is provided to your client just two months from

22

now, they presumably will read it.

23

A.

I cannot speak for my client.

24

Q.

And if the DEP believes that the Livingston site

25

is not fully delineated or believes that additional

So, for example, if

And you would also agree ExxonMobil should not
Right?

Now, when the remediation investigation

Right?

Brown - Cross/Mr. Lender

143
1

monitoring wells need to be installed, it can reject

2

the report or require that they be installed.

3

Correct?

4

A.

5

my understanding of part of their authority.

6

Q.

Well, I cannot say for certain.

That would be

Thank you.

7

Now, in terms of your proposed 21 additional

8

wells, you are proposing individual casings for those

9

wells.

Is that correct?

10

A.

That is correct.

They would be cluster wells.

11

Q.

Meaning that for each well you are proposing to

12

drill a new well.

13

A.

That is correct.

14

Q.

So just for an example, for one of the places

15

where maybe you said that there should be five

16

additional depths, your opinion would require the LSRP

17

to drill five separate holes.

18

A.

That's correct.

19

Q.

And you understand that right now at the

20

Livingston site they are actually using the FLUTe

21

system.

22

A.

I didn't know whether they are using it right

23

now.

I understand for the wells installed immediately

24

prior to my 2017 report, they've used the FLUTe

25

system.

Right?

Correct?

Right?

Brown - Cross/Mr. Lender

144
1

Q.

And the FLUTe system, I think you mentioned, but

2

let's be clear, it allows you to drill one bore hole

3

but then have multiple sample locations.

4

A.

5

and you insert a very complex well construction that

6

allows for depth specific samples to be taken.

7

Q.

8

suggested the reason why you didn't recommend using

9

the FLUTe was because of some concerns you had about

That's correct.

Correct?

You drill a large diameter hole

Now, during your direct examination you

10

the FLUTe system.

Do you remember that testimony?

11

A.

12

about the FLUTe system.

13

my experience with other similar approaches to doing

14

multiple sample locations within a single bore hole.

15

Q.

16

actually ever installed and used the FLUTe technology

17

in a site investigation that you've conducted.

18

Correct?

19

A.

That's correct.

20

Q.

And you have no experience installing a

21

multi-level system like the Westbay system you

22

mentioned in bedrock.

23

A.

24

bedrock has always been using cluster wells.

25

Q.

I wouldn't say I was concerned specifically
I have some concerns based on

Well, to be clear, no one at your company has

No.

Correct?

My experience of multi-level sampling in

Not the FLUTe wells that we have been talking

Brown - Cross/Mr. Lender

145
1

about?

2

A.

Correct.

3

Q.

And the truth is, the reason why you recommended

4

installing 21 individual casings in your revised

5

report rather than a FLUTe system was because you had

6

recommended individual casings previously.

7

A.

8

that's how ExxonMobil had initially investigated the

9

contamination.

Partly.

Right?

We had recommended them previously, and

10

Q.

And that's why you recommended doing it again,

11

because that's what you had recommended before.

12

Right?

13

A.

14

investigation performed by ExxonMobil, but also my

15

experience doing similar investigations at numerous

16

sites.

17

Q.

18

alternative to installing the individual casings.

19

Correct?

20

A.

Yes.

21

Q.

And there is no question that a FLUTe system is

22

an appropriate technology.

23

A.

Yes, I think it is an appropriate technology.

24

Q.

You also concede that a FLUTe system would be

25

less expensive.

That's only part of it.

I think the existing

Now, using the FLUTe system is absolutely an

Right?

Correct?

Brown - Cross/Mr. Lender

146
1

A.

2

anticipate anticipate that even though you are

3

drilling a larger bore hole and you have multiple

4

complex completions, it would still be somewhat

5

cheaper than individual holes.

6

Q.

7

system or how much less expensive it would be than

8

installing 21 individual casings.

9

A.

I did not.

10

Q.

In fact, you have never once costed out a FLUTe

11

system in bedrock.

12

A.

That's correct.

13

Q.

And you also did no analysis to determine

14

whether you could even install additional individual

15

casings at the locations you have identified.

16

While I do not have the exact numbers, I don't

Mr. Brown, you did nothing to cost out the FLUTe

THE COURT:

Correct?

Right?

Right?

I think you want to put that in

17

context as to what you mean by whether he could.

18

you mean geographically, geologically, or ownership or

19

otherwise?

20

MR. LENDER:

21

THE COURT:

22

When did the site go to the FLUTe system?

23

MR. LENDER:

Do

Fair enough, your Honor.
While you are looking for that --

As far as I know, all of the ones

24

that are west of the site are all FLUTes.

25

know the exact date.

I can find out.

I don't

Brown - Cross/Mr. Lender

147
1

THE COURT:

That's okay.

But obviously that

2

was something that was determined by the LSRP and

3

approved by the DEP?

4
5

MR. LENDER:

Yes, or wasn't objected to by the

DEP.

6

THE COURT:

7

MR. LENDER:

8

THE COURT:

9
10

Or not objected to.
Not that I'm aware of.
I'm hearing them shake their heads

"no," but I don't know what that means.
MR. KAUFMANN:

Either out of ignorance or I

11

don't know what, there is a misrepresentation of what

12

the LSRP program does.

13

THE COURT:

14

this now.

15

The DEP,your Honor --

Well, I don't want to get into

you want.

16

I'll take it at the end of the hearing if

But I think I need to have some additional

17

information about this because it's now been made

18

clear that the FLUTe system is being utilized off-site

19

to the western part, that it's being done under the

20

auspices of the LSRP, which is under in some manner

21

the supervision of the DEP.

22

MR. LENDER:

23

THE COURT:

Yes.
Well, I see them shaking their

24

head "no," but I doubt the LSRP is acting without any

25

authority.

Brown - Cross/Mr. Lender

148
1

So I can have that legal discussion with you,

2

but it is one that I think is necessary to some of my

3

consideration.

4

Okay.

Let's move on to your questions.

5

BY MR. LENDER:

6

Q.

7

whether or not there were any access issues with

8

regard to drilling wells.

9
10

Mr. Brown, you did no analysis to determine

THE COURT:

Correct?

In a location that he has

identified?

11

MR. LENDER:

Yes.

12

A.

13

locations on properties where ExxonMobil had already

14

obtained access to drill existing locations.

15

of the locations would be on a new piece of property,

16

and it may actually be in a public right of way.

17

the other locations were all on properties where

18

ExxonMobil has already obtained assess.

19

Q.

20

wells right now.

21

Actually, we've cited five of the proposed six

Only one

But

So let's talk about the one where there are no

You did no detailed analysis to access whether

22

there would be any access issues.

23

A.

24

right of way.

25

Q.

Correct?

I believe that's why we cited it in the public

And further in places where there are FLUTe

Brown - Cross/Mr. Lender

149
1

wells already, there you did no detailed analysis

2

either; you just assumed that because there is a well

3

there now, you could drill four or five more.

4

A.

5

to drill the existing location; therefore, drilling

6

adjacent to it they would be able to obtain that

7

access also.

8

Q.

9

detailed analysis you did.

Right?

I assumed ExxonMobil had already obtained access

That's an assumption that you made, not a

10

A.

11

would appear reasonable.

12

Q.

Correct?

13

I would say that's an assumption I made, and it

Okay.
MR. LENDER:

Now, if I could I would like to

14

mark -- this was a figure put up on the screen, but

15

it's easier to have a copy of it.

16
17

So I'm going to mark as Defendant's Exhibit 2
a copy of Figure 2 from his report.

18
19

(Defendant's Exhibit 2 was marked for
identification.)

20

THE COURT:

21

MR. LENDER:

Where is that from?
This is Figure 2 from his 2017

22

report, and I believe it was also put in his

23

PowerPoint.

24
25

THE COURT:
///

Okay.

Brown - Cross/Mr. Lender

150
1

BY MR. LENDER:

2

Q.

3

that I just placed before you?

4

A.

I am.

5

Q.

This is a figure that comes from your recent

6

August 2017 report?

7

A.

That is correct.

8

Q.

And this is a map that shows the locations of

9

where you are proposing that additional monitoring

Now, Mr. Brown, you are familiar with Figure 2

10

wells be installed.

Correct?

11

A.

That's correct.

12

Q.

And as you mentioned in most of the instances

13

you are proposing that additional monitoring wells be

14

installed at or near the locations where FLUTe

15

monitoring wells already exist.

16

A.

17

some are located adjacent to existing cluster wells.

18

Q.

Correct?

Some are located adjacent to FLUTe wells and

Thank you.

That's helpful.

19

And for the FLUTe wells that have been

20

installed, you understand that the LSRP decided on the

21

depths for the sampling.

22

A.

23

consultant working on behalf of ExxonMobil selected

24

those depths.

25

Q.

Correct?

My understanding would be, yes, that a

And you are now proposing that additional wells

Brown - Cross/Mr. Lender

151
1

be installed at different depths than the LSRP has

2

concluded.

3

A.

4

locations than where the current FLUTe well is, or it

5

would be for different depths where there are existing

6

cluster wells.

7

two or three different layers in the subsurface.

8

Q.

9

monitoring should be at a certain depth, and now you

Right?

In some cases, yes.

In others, it is different

But those cluster wells only monitor

The LSRP made the judgment to decide that the

10

are here saying you disagree and they should be

11

monitored at a different depth?

12

A.

13

data and identified that there are other layers that

14

need to be monitored at one of the FLUTe well

15

locations.

16

is a need to collect samples from bedrock layers above

17

where the FLUTe well currently collects samples.

18

Q.

19

promise you.

20

I wouldn't say "disagree."

I evaluated their

FLUTe well location 20-D4, I believe there

We're going to get to 20-D4 in one minute.

I

But you understand, of course, if the LSRP

21

ultimately agrees with you, that these additional

22

depths are needed to fully delineate the site, it can

23

require that those monitoring wells be installed and

24

make ExxonMobil pay for it.

25

A.

Right?

I believe that's the question you posed earlier

Brown - Cross/Mr. Lender

152
1

and I answered yes.

2

Q.

3

Exhibit 3, which is Figure 5-B from your expert

4

report, and I believe Mr. Miller also put this up in

5

his presentation.

Okay.

Let me ask you to take a look at

6

I'll ask you to take a look at it.

7

(Defendant's Exhibit 3 was marked for

8

identification.)

9

BY MR. LENDER:

10

Q.

11

latest August 2017 report.

12

A.

Yes, it does.

13

Q.

And Figure 5B shows the depths that are

14

currently being monitored for each of the monitoring

15

wells that are currently installed at the Livingston

16

site.

17

A.

That is correct.

18

Q.

And if we look at 19-D4 as an example, the LSRP

19

has installed a FLUTe system --

20
21

25

Show me where that is.

this print is so small.
MR. LENDER:

THE COURT:
Q.

Honestly,

It's difficult for me.

19-D4 is the most northern site

on Livingston Avenue.

24

Correct?

Correct?

THE COURT:

22
23

Now, Mr. Brown, Figure 5B also comes from your

So this one.

I see it.

For Monitoring Well 19-D4, the LSRP has

Brown - Cross/Mr. Lender

153
1

installed a FLUTe system where MTBE is being sampled

2

at six different depths.

3

A.

4

located within bedrock Zone C and D.

5

Q.

6

August if 2017 report, you are proposing that five

7

additional wells be installed slightly north of 19-D4.

8

Correct?

9

A.

Correct.

10

Q.

And that's what you refer to as and AQ1.

11

Correct?

12

A.

13

location that would have five new monitoring depths,

14

four of which would be above the depth sample at

15

19-D4, and one would be below.

16

Q.

17

five additional monitoring wells in your cost

18

assessment.

19

A.

Correct.

20

Q.

And at the time you prepared your supplemental

21

report in August of 2017, no one had told you that the

22

LSRP had already proposed installing additional wells

23

near 19-D4.

24

A.

That's correct.

25

Q.

And you now know that in fact the LSRP has

That is correct.

Correct?
There are six sample ports

Now, if we go back to Exhibit 2, from your

Yes.

That location, AQ1, is the cluster

And you included the costs of installing these

Correct?

Correct?

Brown - Cross/Mr. Lender

154
1

already installed additional wells in this exact area.

2

Right?

3

A.

4

installed.

5

this area, as I sit here today.

6

Q.

7

from the declaration you submitted in connection with

8

the opposition brief in this case.

9

I was aware that additional wells were being
I couldn't say for certain whether it was

Let me see if I can refresh your recollection

Mr. Brown, this is the declaration that you

10

submitted in support of plaintiffs' opposition to this

11

Daubert motion?

12

A.

It is, yes.

13

On page 4 it makes reference in paragraph 12

14

to new monitoring wells that ExxonMobil plans in the

15

vicinity of 19-D4.

16

Q.

17

refresh your recollection that ExxonMobil has in fact

18

installed additional monitoring wells at the proximate

19

location of AQ1, and that they were also designed to

20

collect depth discrete groundwater samples as you

21

recommended in your expert report?

22

A.

23

particular location is implementing a program

24

consistent with the recommendations that I made.

25

Q.

Does this, now looking at this declaration,

Yes.

It does appear ExxonMobil at this

So because new FLUTe wells have already been

Brown - Cross/Mr. Lender

155
1

installed at this spot, your opinions and the costs

2

associated with them drop out.

3

A.

4

the completion of the new monitoring wells and

5

evaluate the impact that would have upon my current

6

opinions and my cost estimates for the restoration

7

program.

8

Q.

9

year and a half, no one provided that information to

Correct?

I would have to review obviously the data for

And since these wells were installed in the last

10

you.

Correct?

11

A.

I have not received it, no.

12

Q.

Mr. Brown, isn't the problem with your cost

13

analysis that if the LSRP agrees with you, you will

14

make us do the work and could moot your damages claim.

15

Right?

16

A.

17

would have to speculate that they were going to do it.

18

I do not know, as I sit here, whether they would

19

implement all of my recommendations.

20

I would not say that's the problem with it.

THE COURT:

I

Well, I think the question is

21

simply, if in fact they are all undertaken and the

22

work is done, it basically limits your damage

23

calculations.

24
25

Correct?

THE WITNESS:

So, yes.

If, for example, the

LSRP or ExxonMobil independently elected to go and

Brown - Cross/Mr. Lender

156
1

install the monitoring locations that I recommended in

2

my 2017 report, and they were in fact installed, then,

3

clearly, the costs to do that work would need to be

4

removed because they have just been done, because

5

ExxonMobil had decided to do something I recommended.

6

BY MR. LENDER:

7

Q.

8

LSRP disagrees with you, the work might never be done

9

because the LSRP could just decide it's unnecessary to

And, of course, the flip side of that is, if the

10

delineate the site.

Right?

11

A.

12

ExxonMobil independently elected not to do it, then

13

based upon the data to date, my recommendations

14

obviously would still stand.

15

believe that work still needs to be done and the cost

16

associated with that work would still be relevant.

17

Q.

18

inconsistent with your opinions for the State to

19

collect money from ExxonMobil to install monitoring

20

wells and then not actually install them?

21

A.

22

what NJDEP might do.

23

those wells are needed, and I've developed costs to

24

install those wells, and my understanding is that's

25

what the State of New Jersey is trying to recover.

Well, if the LSRP elected not to do it, or

Therefore, I would

Do you agree that it would be wrong and

I don't think I'm in a position to speak for
Clearly, my recommendation is

Brown - Cross/Mr. Lender

157
1

How the State would use those funds, that's beyond my

2

control.

3

Q.

4

could actually collect damages from ExxonMobil, and

5

then the LSRP requires us to put those same wells in,

6

then we're paying for the same twice?

7

A.

Is there a scenario in your mind where the State

I can't answer that.

8
9

I still would believe the wells are needed.

THE COURT:

We're dealing with his opinions,

and the issues you are raising are things I will deal

10

with at some point in time, but they don't go to the

11

validity of his opinions.

12

what he thinks are necessary.

13
14

MR. LENDER:

He's giving opinions of

Fair enough, your Honor.

Thank

you.

15

THE COURT:

I understand the points you would

16

like to make before me today, but it may not be

17

through this witness.

18

MR. LENDER:

Fair enough.

Thank you, your

19

Honor.

20

BY MR. LENDER:

21

Q.

22

is the additional $730,000 you are seeking to sample

23

monitoring wells for the next five years.

24

A.

25

program.

Let me now move to the next main opinion which

Yes.

Okay?

That would be the ongoing monitoring

Brown - Cross/Mr. Lender

158
1

Q.

Essentially, your position back in August of

2

2017, when you issued your revised report was that

3

on-site active remediation should continue you reached

4

asymptotic conditions, and after that you should

5

proceed to MNA for at least five years?

6

A.

Yes.

7

Q.

And asymptotic conditions are reached when you

8

basically are no longer recovering contaminant at an

9

appreciable amount by using the active remediation

That sounds correct.

10

system?

11

A.

12

there comes a point where the active remediation is no

13

more effective than allowing monitored natural

14

attenuation to then supplement that work.

15

Q.

16

on-site system and just do monitored natural

17

attenuation or MNA.

18

A.

That is what I'm proposing, yes.

19

Q.

Your opinion is that monitored natural

20

attenuation combined with the ongoing operation of the

21

pump and treat for a short period of time will

22

ultimately achieve pre-discharge conditions and that

23

MNA for a period of five years or slightly longer will

24

be able to demonstrate that.

25

That is correct.

You may recall earlier I said

At that point what you do is, you shut down the

MR. MILLER:

Correct?

Correct?

Objection; compound.

Brown - Cross/Mr. Lender

159
1

THE COURT:

2

MR. LENDER:

3

from his deposition.

4

THE COURT:

You can break it up.
That's actually a direct quote
That's how he said it.
If you want to just say, is your

5

opinion still today what it was at your deposition

6

that -- and phrase the question.

7

MR. LENDER:

8

BY MR. LENDER:

9

Q.

Okay.

Is it your opinion still today, as you said at

10

your deposition, that monitored natural attenuation

11

combined with the ongoing operation of pump and treat

12

for a short period of time will ultimately achieve

13

pre-discharge conditions and that MNA for a period of

14

five years or slightly longer will be able to

15

demonstrate that?

16

A.

17

through the preparation of my expert report, yes,

18

that's what I concluded.

19

Q.

20

you hit asymptotic conditions, and then you rely on

21

natural attenuation to finish the cleanup and you

22

monitor the natural attenuation.

23

A.

Yes, that's correct.

24

Q.

Now, you know, sitting here today, that the LSRP

25

has approved that the on-site system be turned off

Based upon the data that I have reviewed up

So basically you stopped active remediation when

Right?

Brown - Cross/Mr. Lender

160
1

precisely because it was at asymptotic conditions.

2

Correct?

3

A.

4

but that sounds correct.

5

Q.

6

one more time.

I don't recall definitively as I sit here today,

Let's see if we can refresh your recollection

7

Mr. Brown, I'm handing you a copy of the

8

second declaration you filed in connection with the

9

Daubert motions in this case, and if you could turn to

10

paragraph 17, and let's see if that refreshes your

11

recollection that the pump and treat was turned off

12

because it had reached asymptotic conditions?

13

A.

14

shut down the system on August 30, 2017.

15

Q.

16

should take place for at least five years.

17

A.

That's correct.

18

Q.

It may be a little more than that.

19

think five years of MNA is a reasonable timeframe.

20

Correct?

21

A.

22

of various rates of degradation and determined that

23

MNA would take between five and seven years.

24

Therefore, we conservatively took the shorter time

25

period.

Yes.

I see that now.

ExxonMobil planned to

And given that, now it's your opinion that MNA

I did, yes.

Right?

But you

You may recall that we did analysis

Brown - Cross/Mr. Lender

161
1
2

THE COURT:

actually began on August 30, 2017?

3

THE WITNESS:

4

THE COURT:

5

Would it be that the five years

Essentially, yes.
So we're essentially 1 1/2 years

in?

6

THE WITNESS:

Yes.

Obviously, the program may

7

run longer if the natural attenuation processes are

8

slower.

9
10

THE COURT:
the five years.

11

Right.

But you were working with

So it's actually begun.

THE WITNESS:

Yes.

12

BY MR. LENDER:

13

Q.

14

pre-discharge conditions and that MNA for five years

15

or slightly longer will be able to demonstrate that.

16

Right?

17

A.

That is my opinion and I think my hope.

18

Q.

And that's the reason why your cost analysis

19

includes five years of monitoring.

20

A.

21

upon the analysis that we did for the likely rates of

22

degradation, and five years would be the minimum time.

23

It may be longer, but I'm hoping not much longer.

24

Q.

25

according to your opinions, ExxonMobil might be done

So it's your opinion we will ultimately achieve

Correct?

As I said, we elected to choose five years based

At the conclusion of five years of MNA,

Brown - Cross/Mr. Lender

162
1

at the Livingston site.

Right?

2

A.

There is a chance of that, yes.

3

Q.

And, again, just so we're all clear, it's the

4

natural attenuation that's going to get us there.

5

Right?

6

A.

7

in the reduction of transportations as confirmed by

8

the monitoring.

9

Q.

It's the natural processes that actually result

In fact, there is no question in your mind that

10

the remediation program at Livingston has helped

11

groundwater to its pre-discharge condition.

12

A.

13

by ExxonMobil, specifically their remediation program,

14

has assisted in reducing the concentrations that

15

hopefully will ultimately achieve a pre-discharge

16

condition.

17

Q.

18

remediation program at the Exxon service site helped

19

restore groundwater to its baseline condition.

20

Correct?

21

A.

22

at my deposition testimony.

23

Q.

24

pre-discharge conditions.

25

A.

Correct?

There is no question that the work implemented

In your opinion, though, to be clear, the

Yes, that sounds consistent with what I offered

And "baseline," just so we're clear, you mean
Right?

That is what I meant, yes.

Brown - Cross/Mr. Lender

163
1

Q.

Now, you understand that there are currently

2

over 50 monitoring locations in connection with the

3

Livingston site.

4

A.

5

number.

6

Q.

7

more screened intervals.

8

A.

9

ExxonMobil has already installed some of those

Correct?

That's my understanding.

Approximately that

And as we discussed, you are proposing to add 21

Yes.

Right?

But as we discussed, we know that

10

locations near 19-D4.

11

Q.

12

to be adjusted to account for that.

13

A.

14

appears that they have completed a monitoring program

15

that is consistent with my recommendation, then there

16

would be no need to drill an additional cluster well

17

in that location.

18

Q.

19

damages assessment covers the cost not just for

20

monitoring the 21 new wells you are seeking to get

21

installed, but also the existing wells that the LSRP

22

is currently monitoring and sampling.

23

A.

Correct.

24

Q.

So 70 percent of the cost associated with your

25

$730,000 alleged damages number relates to the

Right.

So your cost estimate is going to have

That is correct.

Right?

Once I review that data, if it

Now, the $730,000 you have included in your

Correct?

Brown - Cross/Mr. Lender

164
1

existing monitoring wells.

2

A.

3

wells.

4

Q.

5

attributed to monitoring the 21 new wells you are

6

proposing to install over the next five years.

7

A.

8

seem to be a reasonable division of those costs, yes.

9

Q.

Yes.

Right?

The ongoing monitoring of those existing

So your $730,000 amount, only around 220,000 is

I don't know the exact number.

Right?

But that would

And you understand and you understood this when

10

you issued your report that the LSRP has been

11

requiring that existing wells be monitored, and that's

12

being paid for by ExxonMobil.

13

A.

That's my understanding, yes.

14

Q.

So if ExxonMobil would continue to pay for

15

monitoring the existing wells going forward, the

16

510,000 would actually already be accounted for and

17

should not be included in your damages calculation.

18

Right?

19

A.

20

do that work, then I would not obviously look to

21

recover funds to duplicate work.

22

Q.

23

requiring monitoring of the existing wells, you

24

included the full amount of monitoring all the wells

25

in your cost calculation.

Right?

If ExxonMobil had somehow legally committed to

And even though you knew that the LSRP was

Right?

Brown - Cross/Mr. Lender

165
1

A.

I did.

So all of the costs of the monitoring

2

moving forward irrespective of who might actually do

3

it, I assumed that in the case of the costs it would

4

have to be done.

5

Q.

6

pump and treat, until it was turned off, because of

7

asymptotic, you knew ExxonMobil was paying for that

8

but you excluded those costs.

9

A.

But for the ongoing cost associated with the

Correct.

Right?

I could see that ExxonMobil was

10

continuing to do that.

Therefore, I did not include

11

that.

12

Q.

13

differently than the monitoring costs?

14

A.

15

documentation that ExxonMobil was committed to

16

continuing to operate the on-site pump and treat

17

system.

18

ongoing monitoring, but I did not see anything to

19

confirm for how long they would be doing that.

20

Q.

21

has already required the installation of monitoring

22

wells north of 19-D4.

23

A.

24

my recommendation in that area to install additional

25

monitoring points.

So you treated the pump and treat costs

Yes.

I understood from my review of the

And I understood they would be doing some

And as we discussed just a moment ago, the LSRP

They have.

Right?

They made a decision consistent with

Brown - Cross/Mr. Lender

166
1

Q.

And they've required those monitoring wells also

2

be monitored.

3

A.

4

that to be the case.

5

Q.

6

that should be taken out of your cost estimate.

7

Right?

8

A.

9

to do that work that I felt confident that it would be

Right?

I cannot say for certain, but I would assume

So those would be additional monitoring costs

They would be if there was some legal commitment

10

done.

11

Q.

12

additional wells in the future and those are

13

monitored, that too could cut into your monitoring

14

cost assessment.

15

A.

16

example, elected to install some of the other

17

monitoring wells that I recommended, then, clearly, I

18

would not look to duplicate their work.

19

have to obviously review that work to ensure that the

20

work had actually been done and not just promised.

21

Q.

22

actually know how much of the $730,000 you included

23

for monitoring costs over a five-year period will turn

24

out to be duplicative.

25

A.

And, of course, if the LSRP decides to install

Right?

Yes, it could.

Obviously, if they, say, for

But I would

Mr. Brown, sitting here today, you don't

Correct?

I do not because I do not know for certain

Brown - Cross/Mr. Lender

167
1

exactly what ExxonMobil plans to do with respect to

2

that number.

3

Q.

4

remediation investigation report in March of 2019, you

5

understand that the LSRP will be required to file its

6

remedial action report and seek a remedial action

7

permit from the DEP by March 2024.

8

A.

9

sound reasonable.

Now, Mr. Brown, after the LSRP files its

Correct?

I don't recall the specific date, but that does

10

Q.

11

update the CEA based on any new data that the LSRP

12

has.

Right?

13

A.

It may.

14

Q.

And the remediation action permit will contain a

15

proposal for future MNA and for how long MNA should

16

continue.

17

A.

It may.

18

Q.

Okay.

19

And the remediation investigation report may

Correct?

It may.

And you understand that the DEP needs to

20

approve the remedial action permit which will identify

21

the wells to be monitored going forward for MNA and at

22

what frequency.

23

A.

24

authorities of DEP with respect to that specific issue

25

as I sit here.

Right?

I do not know the specific legal approval

Brown - Cross/Mr. Lender

168
1

MR. LENDER:

Your Honor, we could either

2

submit the regs and show this to you because the regs

3

say what they say or I could go through them with him.

4

THE COURT:

No.

I would rather do it after.

5

I'm going to permit everyone to have a, not lengthy,

6

but a final written summation you can give me after

7

this hearing and you could include those kinds of

8

things there.

9

time to do that with him.

10

I don't think it's a good use of our

MR. LENDER:

I didn't either.

That's why I

11

wanted to check.

12

BY MR. LENDER:

13

Q.

14

authorized for use at the site until the contamination

15

is adequately characterized and delineated.

16

A.

17

natural attenuation is being conducted now and it's

18

even conducted while the remediation system is

19

operating.

20

conditions at the site and monitoring natural

21

attenuation.

22

Thank you.

Mr. Brown, you understand that MNA cannot be

Actually, that's not quite true.

Right?

Monitored

We are monitoring the groundwater

So it's an ongoing process.

It isn't

23

something that only starts at the end of the active

24

remediation, the actual pump and treat.

25

recommending is five years after it continues.

What I'm

Brown - Cross/Mr. Lender

169
1

Q.

Your opinion, as the Judge said, starting in

2

August of 2017, we are now in a five-year period of

3

MNA?

4

A.

At this particular site, yes.

5

Q.

But you know that in fact at the site MNA is

6

going to occur for much longer than five years.

7

Right?

8

A.

MNA or natural attenuation itself?

9

Q.

MNA and natural attenuation.

10

A.

Potentially.

11

recommend within their reports.

12

potential that it could be recommended to continue for

13

longer than that.

14

Q.

15

recommended in your latest report is that a system be

16

designed and permitted for Public Water Supply No. 11

17

in the event that MTBE is detected in that well in the

18

future.

19

A.

20

within my report.

21

is being withdrawn.

22

Q.

23

Correct?

24

A.

25

the $70,000.

I do not know what they would
But there is the

Now, Mr. Brown, the third thing that you had

Correct?

That is one of the recommendations that I made
But my understanding is that claim

Yesterday your side abandoned that claim.

My understanding is they withdrew the claim for

Brown - Cross/Mr. Lender

170
1

Q.

And you had mentioned in response to a question

2

from Mr. Miller that there has been no MTBE detected

3

at Public Water Supply No. 11 and I wrote down in the

4

last few years.

5

A.

That's my understanding.

6

Q.

In fact, your understanding is that since 2009

7

Public Water Supply No. 11 has been sampled 28 times

8

and MTBE has been non-detect in every single one of

9

them.

That's what you said.

Right?

Right?

10

A.

That's my understanding, yes.

11

Q.

So it's not just the last few years; it's almost

12

a decade.

13

A.

That sounds correct, yes.

14

Q.

And, by the way, for the other two receptors you

15

identified in response to some questions from

16

Mr. Miller, to be clear, your side is not seeking any

17

damages to clean up those receptors.

18

A.

19

seeking any damages for those.

20

Q.

21

seeking a contingency of $247,000, which now may be a

22

little less, to account for the drop-off of the

23

permit?

24

A.

Correct.

25

Q.

Basically, you added a 15 percent kicker on top

Correct?

That's correct.

Right?

I don't believe my client is

The last thing you mentioned is that you are

Brown - Cross/Mr. Lender

171
1

of the cost estimates.

Right?

2

A.

3

earlier, because of the inherent uncertainties in

4

implementing the type of program I'm recommending.

5

Q.

6

calculation of how you came up with that 15 percent

7

number.

8

A.

9

evaluated we used a contingency based on EPA's

I've added the contingency, as I discussed

And nowhere in your report do you provide any

Right?

Actually, I believe we do.

For the sites we

10

calculations of contingency for estimates, such as the

11

ones we prepared.

12

work and the limited amount of remediation that were

13

proposed for Exxon, we actually reduced that

14

percentage, as we felt there was a higher degree of

15

confidence in the cost for the ExxonMobil site.

16

Q.

17

find a sheet of paper that calculates, comes up with

18

how you came up with the 15 percent number.

19

your testimony?

20

A.

21

will be an indication as to the percentage.

22

Q.

23

calculated based on using EPA guidance.

24
25

And because of the limited scope of

So your testimony is that in your report I'll

That's

I don't know if there's a piece of paper.

It said 15 percent.

There

But you said earlier that's

My question to you is, if I look through your
reports, will I see anywhere a document that shows how

Brown - Cross/Mr. Lender

172
1

you came up with the 15 percent number?

2

A.

3

larger percentage.

4

felt that percentage was too high.

5

Q.

6

out that calculation in your report?

7

A.

8

calculation for the contingency we applied for sites

9

where we were recommending active remediation that was

The document will show how we came up with a
But for this particular site we

So you think there's a sheet of paper that lays

There is a sheet of paper that lays out the

10

not being performed by the responsible party.

11

Q.

So not for the Livingston site then?

12

A.

For the Livingston site we actually looked on a

13

site-specific basis and said, Well, we have a much

14

more defined scope here as to what's going to be done,

15

and we're not recommending any active remediation

16

other than ExxonMobil continue to operate their

17

current system.

18

that would apply to other sites didn't need to be as

19

large for this site.

20

Q.

21

contingency in the case is that things cost more than

22

you have proposed.

23

A.

24

when you drill a monitoring well, one gets an estimate

25

as to

Therefore, we felt the contingency

And the reason why you are seeking this

Yes.

Right?

Obviously, I'm sure you are aware that

what that well might cost.

But in the field

Brown - Cross/Mr. Lender

173
1

you could come across issues where the bedrock is more

2

confident.

3

the costs are greater.

4

Therefore, the drilling takes longer, so

There are other issues that occur whenever one

5

is doing a remedial investigation or remedial

6

implementation program that requires you to have some

7

contingency for those uncertainties.

8

Q.

9

being drilled in places where there already are wells,

And, of course, because a lot of the wells are

10

it's possible that it might cost what you've proposed

11

or even less than what you've proposed.

12

A.

13

because we actually obtained fixed prices from the

14

driller, and my experience with drillers is they don't

15

give you a discount if it takes them less.

16

charge you their bid.

17

conditions have changed, they issue a change order to

18

get more money.

19

Q.

20

be no need for a contingency.

21

A.

22

obviously I would not be seeking to recover the cost

23

to do that work or the related contingency, just as

24

we've removed the 60,000 for the well and treatment

25

system and the contingency associated with that.

Right?

I would be very surprised if it cost less

They still

Obviously, if they think

And if the DEP makes us do the work, there will
Right?

If ExxonMobil elects to do the work, then

Brown - Cross/Mr. Lender

174
1
2

MR. LENDER:

Your Honor, my colleague said he

needed about 30 minutes.

3

THE COURT:

Are you going to need more than 30

5

MR. TULLY:

Maybe

6

THE COURT:

I have a suggestion actually

4

minutes?

7

because I think I'm going to want to speak with the

8

attorneys when this is all complete.

9

time to do that today.

I won't have

I'm not trying to press you to

10

do your 30 minutes and be done, particularly if there

11

is anything else we want to cover.

12

I know we had put aside the days.

I would

13

really prefer if you come back tomorrow morning and we

14

spend the morning.

15

the morning.

16

could fill in on anything else that we need.

17

We're not going to need more than

You can do your examination then.

We

I certainly want to have some discussion with

18

the lawyers about the Livingston site off the record

19

in chambers tomorrow.

20

opportunity.

21

MR. LENDER:

22

THE COURT:

23

tomorrow anyway.

So I would like that

Thank you.
You are all planning to be here

Right?

24

MR. MILLER:

25

MR. TULLY:

Yes, your Honor.
Will you also entertain brief oral

Brown - Cross/Mr. Lender

175
1

arguments on the motions?

2

THE COURT:

I may do that.

I thought I would

3

let you do it in written form.

4

now to do it, if you want to do it tomorrow and you

5

don't have to submit anything else in writing, that's

6

fine too.

7

not long, that's fine, we can do that and you can

8

prepare for that tonight then for tomorrow.

9

But I have the time

So if you all want to be ready to do that,

You can step down.

You are excused.

10

I'll see you tomorrow morning at 10:00.

11

THE WITNESS:

12

(Witness excused for the day.)

13

THE COURT:

14

Thank you.

May I see counsel for just one

moment off the record.

15

(Off-the-record discussion.)

16

(Court adjourned at 3:30 p.m.)

17
18
19
20
21
22
23
24
25

///

176
I N D E X

1
2
3

Witness

Direct

Cross

Redirect

Recross

4
5
6

Anthony Brown
By Mr. Miller
By Mr. Lender

6
--

-124

7
8
9
10
Exhibits

For Identification

11
12
13
14
15
16
17
18
19
20
21
22
23
24
25

NJDEP D-1
NJDEP D-2
NJDEP D-3

136
145
148

In Evidence

177
C E R T I F I C A T E

1
2
3

I, Vincent Russoniello, Official United States

4

Court Reporter and Certified Court Reporter of the

5

State of New Jersey, do hereby certify that the

6

foregoing is a true and accurate transcript of the

7

proceedings as taken stenographically by and before me

8

at the time, place and on the date hereinbefore set

9

forth.

10

I do further certify that I am neither a relative

11

nor employee, nor attorney, nor counsel of any of the

12

parties to this action, and that I am neither a

13

relative nor employee of such attorney or counsel and

14

that I am not financially interested in this action.

15
16
17
18
19

S/Vincent Russoniello

20

Vincent Russoniello, CCR

21

Certificate No. 675

22
23
24

178
$247,000 [1] - 170:21
$247,410 [1] - 97:21
$70,000 [1] - 169:25
$730,000 [5] - 157:22,
163:18, 163:25, 164:4,
166:22
$860,000 [1] - 135:23
0
08608 [1] - 1:11
1
1 [13] - 1:6, 6:8, 33:19,
39:17, 55:12, 77:22,
101:5, 120:22, 139:24,
140:1, 140:4, 140:9,
161:4
1/2 [1] - 161:4
10 [2] - 43:17, 43:25
10,000 [3] - 97:20, 97:24,
116:23
100 [5] - 11:18, 25:21,
36:5, 40:3, 51:10
10:00 [1] - 175:10
11 [34] - 23:3, 66:18,
67:6, 67:20, 68:10,
68:15, 70:16, 70:22,
71:8, 71:12, 71:17,
71:19, 71:24, 72:13,
72:16, 72:25, 73:3,
75:20, 76:5, 76:7, 76:14,
83:12, 83:19, 84:1, 84:8,
85:5, 85:14, 85:18,
87:21, 121:18, 169:16,
170:3, 170:7
11,000 [1] - 66:1
12 [3] - 17:18, 45:15,
154:13
124 [1] - 176:6
13 [1] - 42:6
136 [1] - 176:11
14 [3] - 42:5, 42:7,
116:23
14,000 [1] - 114:4
145 [1] - 176:12
148 [1] - 176:12
15 [13] - 23:3, 42:6,
45:15, 65:17, 65:18,
65:20, 98:16, 100:20,
170:25, 171:6, 171:18,
171:22, 172:1

15-6468 [1] - 1:2
15-year [1] - 77:15
150 [1] - 25:20
1500 [1] - 112:7
159,449 [1] - 100:13
17 [3] - 77:16, 108:6,
160:10
1700 [1] - 71:25
19 [4] - 16:23, 110:15,
110:20, 125:21
19-D4 [9] - 152:18,
152:22, 152:25, 153:7,
153:15, 153:23, 154:15,
163:10, 165:22
1934 [2] - 64:19, 64:20
1970s [1] - 65:2
1988 [1] - 8:25
1990s [3] - 9:17, 37:24,
38:1
1992 [1] - 9:4
1999 [3] - 112:13,
112:22, 113:21
19th [1] - 51:5
1:10 [1] - 92:11
1st [1] - 140:10
2
2 [8] - 6:8, 39:18, 149:16,
149:17, 149:18, 149:21,
150:2, 153:5
2,500,000 [2] - 113:20,
120:17
2-D [1] - 114:8
20 [3] - 68:25, 86:17,
95:24
20-D4 [2] - 151:15,
151:18
2003 [1] - 77:23
2009 [1] - 170:6
2012 [6] - 16:21, 114:2,
114:7, 126:18, 128:19,
132:7
2013 [35] - 6:7, 26:25,
79:6, 79:22, 80:11, 82:7,
82:9, 82:12, 82:24, 83:7,
85:17, 86:15, 86:21,
90:24, 93:25, 94:1,
96:16, 96:17, 96:22,
108:1, 114:8, 116:2,
116:8, 117:5, 118:23,
119:3, 124:3, 124:8,
125:9, 125:25, 126:15,
127:17, 128:19, 132:11,

134:20
2016 [2] - 77:18, 78:7
2017 [49] - 6:7, 26:25,
77:18, 78:4, 80:11, 83:9,
93:19, 93:20, 94:1, 94:2,
94:8, 96:13, 96:24, 97:2,
107:15, 107:22, 107:24,
108:2, 108:12, 110:23,
117:7, 118:8, 118:23,
118:25, 119:4, 119:8,
123:21, 124:9, 125:11,
126:20, 126:23, 126:25,
128:23, 133:14, 134:3,
134:7, 140:9, 142:5,
143:24, 149:21, 150:6,
152:11, 153:6, 153:21,
156:2, 158:2, 160:14,
161:2, 169:2
2019 [4] - 1:5, 139:17,
140:10, 167:4
2024 [1] - 167:7
21 [11] - 85:25, 135:24,
137:12, 138:3, 138:20,
143:7, 145:4, 146:8,
163:6, 163:20, 164:5
220,000 [1] - 164:4
234,000 [1] - 77:20
247 [1] - 100:22
28 [2] - 3:7, 170:7
2:00 [1] - 128:2
3
3 [6] - 6:11, 64:10, 70:9,
113:13, 152:3, 152:7
3,500 [1] - 9:10
30 [6] - 67:2, 160:14,
161:2, 174:2, 174:3,
174:10
300 [1] - 25:25
32 [1] - 125:20
350 [1] - 83:24
38 [1] - 70:25
3:30 [1] - 175:16
4
4 [5] - 6:11, 56:18, 64:9,
64:10, 154:13
40 [5] - 65:12, 95:16,
110:4, 110:6, 110:12
400 [1] - 83:24
402 [1] - 1:11
45 [2] - 16:7, 16:9

5
5 [4] - 6:11, 64:10,
106:21, 113:25
5-B [1] - 152:3
50 [4] - 29:10, 69:1, 99:6,
163:2
500 [1] - 25:24
510,000 [1] - 164:16
59 [1] - 97:5
59,000 [1] - 97:19
5B [2] - 152:10, 152:13
6
6 [2] - 86:8, 176:6
60,000 [1] - 173:24
609)588-9516 [1] - 1:25
675 [1] - 177:21
7
7 [1] - 112:23
70 [8] - 40:3, 40:12,
59:15, 99:4, 101:4,
101:8, 123:8, 163:24
730 [1] - 100:22
730,000 [2] - 100:11,
100:18
74 [1] - 78:4
74.3 [1] - 78:8
753 [1] - 3:7
8
8,000 [1] - 111:2
81,000 [1] - 120:15
860 [1] - 100:22
860,000 [1] - 100:9
9
9 [2] - 1:5, 76:24
90 [1] - 76:2
A
abandoned [1] - 169:22
abbreviated [2] - 51:21,
87:25
abbreviation [2] 113:24, 115:11
ability [3] - 15:23, 32:11,
32:16
able [10] - 7:11, 47:15,
54:4, 84:22, 96:5, 119:1,

179
149:6, 158:24, 159:14,
161:15
ABOVE [1] - 3:10
ABOVE-ENTITLED [1] 3:10
above-ground [1] - 64:2
absolutely [3] - 21:17,
35:11, 145:17
absorb [4] - 35:22,
36:15, 43:4, 81:9
absorbs [2] - 36:21, 81:1
absorption [1] - 35:24
acceptable [2] - 28:24,
29:21
accepted [3] - 11:3, 12:5,
102:13
access [7] - 96:5, 148:7,
148:14, 148:21, 148:22,
149:4, 149:7
accomplish [1] - 62:10
according [1] - 161:25
account [3] - 93:21,
163:12, 170:22
accounted [1] - 164:16
accumulated [2] - 43:15,
43:17
accumulating [2] 42:25, 62:20
accumulation [2] 52:15, 53:6
ACCURATE [1] - 3:8
accurate [3] - 129:15,
135:4, 177:6
accurately [1] - 47:15
achieve [5] - 55:10,
158:22, 159:12, 161:13,
162:15
achieved [1] - 39:4
acknowledged [1] 85:17
acquisitions [1] - 9:12
acronym [2] - 42:13,
90:8
Act [2] - 22:18, 22:22
acting [2] - 10:14, 147:24
ACTION [1] - 1:2
action [8] - 57:15, 82:3,
167:6, 167:14, 167:20,
177:12, 177:14
Action [1] - 88:3
actions [7] - 72:6, 72:8,
72:9, 72:14, 91:2, 91:5,
96:22

activated [3] - 80:25,
81:9, 99:8
active [17] - 59:11,
59:16, 59:21, 78:11,
91:15, 117:12, 132:19,
133:7, 158:3, 158:9,
158:12, 159:19, 168:23,
172:9, 172:15
actively [1] - 72:10
activities [6] - 79:24,
113:15, 114:13, 117:18,
132:5, 133:18
actual [10] - 11:4, 19:4,
20:12, 25:19, 26:20,
33:10, 63:9, 111:13,
133:24, 168:24
adage [2] - 35:1, 113:7
add [5] - 22:18, 65:6,
131:10, 132:1, 163:6
added [9] - 22:15, 65:1,
65:2, 65:3, 65:5, 99:19,
125:2, 170:25, 171:2
adding [6] - 99:21,
99:22, 100:10, 100:21,
131:18, 131:23
addition [7] - 8:7, 21:18,
22:11, 30:1, 80:4, 82:8,
105:3
additional [50] - 32:20,
32:23, 79:23, 80:5, 84:5,
84:15, 86:20, 87:13,
95:13, 96:15, 96:18,
97:11, 112:14, 119:4,
120:23, 127:17, 130:8,
132:4, 134:2, 135:18,
135:20, 135:24, 136:2,
137:12, 138:4, 138:20,
139:6, 139:11, 141:25,
142:5, 142:25, 143:7,
143:16, 146:14, 147:16,
150:9, 150:13, 150:25,
151:21, 153:7, 153:17,
153:22, 154:1, 154:3,
154:18, 157:22, 163:16,
165:24, 166:5, 166:12
address [11] - 57:18,
57:22, 58:18, 59:7,
78:16, 78:18, 86:1, 90:6,
122:2, 130:15, 140:21
addressed [3] - 23:23,
32:18, 91:17
addresses [1] - 98:13
addressing [3] - 59:21,

67:3, 88:11
adequately [6] - 136:16,
136:18, 136:22, 137:3,
139:6, 168:15
adjacent [3] - 149:6,
150:16, 150:17
adjourned [1] - 175:16
adjust [2] - 100:15,
108:22
adjusted [2] - 22:11,
163:12
administration [1] 12:17
administrative [1] 88:16
advance [2] - 69:18, 83:2
advanced [1] - 83:8
advantage [1] - 50:24
advice [1] - 9:20
advise [1] - 12:16
aerial [1] - 66:3
aerobic [4] - 60:13,
60:20, 62:11, 63:8
affect [2] - 15:23, 50:18
affected [1] - 142:11
affidavit [1] - 108:8
afternoon [2] - 93:12,
93:13
agencies [1] - 9:21
agency [2] - 26:4, 139:1
ago [2] - 104:11, 165:20
agree [5] - 69:13, 82:3,
135:3, 142:17, 156:17
agrees [2] - 151:21,
155:13
ahead [2] - 29:17, 106:17
Air [2] - 22:17, 22:22
air [6] - 62:7, 62:8, 62:13,
117:24, 118:1
al [2] - 1:5, 1:7
alcohol [2] - 22:14, 28:4
alcohol-based [1] 22:14
alleged [1] - 163:25
allow [7] - 17:24, 30:5,
55:19, 95:1, 95:6,
109:16, 131:20
allowed [7] - 69:10,
88:16, 108:17, 134:1,
136:21, 137:1, 137:6
allowing [1] - 158:13
allows [4] - 65:9, 74:19,
144:2, 144:6

almost [7] - 9:18, 37:1,
76:1, 77:16, 83:25,
87:20, 170:11
alternative [1] - 145:18
amendments [2] - 22:18,
22:23
AMERADA [1] - 1:7
Americas [1] - 9:13
amount [11] - 9:16,
72:22, 97:14, 97:22,
100:9, 109:11, 111:1,
158:9, 164:4, 164:24,
171:12
AN [1] - 3:8
anaerobic [3] - 60:15,
60:22, 60:25
analogy [1] - 44:8
analysis [22] - 24:9,
25:17, 26:15, 26:19,
33:6, 56:13, 71:10,
73:23, 101:3, 110:21,
116:3, 121:9, 121:10,
146:13, 148:6, 148:21,
149:1, 149:9, 155:13,
160:21, 161:18, 161:21
analytical [1] - 115:21
analyzed [2] - 58:5,
65:19
Andover [2] - 112:12,
112:22
annotates [1] - 120:7
annual [2] - 100:11,
123:2
answer [3] - 86:2,
129:16, 157:7
answered [4] - 48:9,
85:23, 86:8, 152:1
answering [1] - 138:16
answers [2] - 86:5, 86:6
Anthony [2] - 5:21, 176:5
ANTHONY [2] - 6:1, 93:8
anticipate [5] - 7:4,
46:23, 105:12, 146:2
anyway [1] - 174:23
apart [2] - 33:7, 52:25
apologize [1] - 17:17
apparent [2] - 37:23,
121:3
appeals [1] - 134:12
appear [3] - 91:2, 149:11,
154:22
appearance [1] - 5:6
appearances [2] - 4:7,

180
5:7
applicable [5] - 28:14,
56:2, 56:8, 90:7, 90:9
applied [6] - 28:15,
42:15, 56:3, 56:12,
121:10, 172:8
applies [3] - 39:12, 61:7,
65:21
apply [4] - 29:4, 39:6,
55:16, 172:18
appreciable [1] - 158:9
appreciate [1] - 6:23
approach [12] - 20:9,
24:16, 26:7, 53:21, 56:6,
56:22, 57:18, 59:1, 60:7,
101:15, 105:6, 123:15
Approach [1] - 88:1
approaches [6] - 55:23,
88:3, 101:18, 101:24,
130:14, 144:13
appropriate [11] - 24:3,
41:3, 55:7, 59:13, 60:2,
82:5, 87:8, 121:12,
122:9, 145:22, 145:23
appropriately [1] 131:22
approval [1] - 167:23
approve [1] - 167:20
approved [2] - 147:3,
159:25
approximate [2] - 64:17,
66:10
AQ1 [3] - 153:10, 153:12,
154:19
Aqueous [1] - 42:14
aquifer [14] - 13:10,
18:10, 20:6, 20:7, 21:6,
51:17, 53:16, 53:24,
53:25, 55:20, 58:19,
86:17, 95:3, 118:1
aquifers [3] - 15:2,
53:17, 111:21
arbitrary [1] - 106:9
ARCHER [1] - 2:7
Archer [1] - 4:24
area [38] - 13:1, 15:4,
21:7, 21:11, 47:12,
47:14, 49:6, 56:24, 61:8,
66:4, 66:7, 68:12, 70:11,
70:24, 71:3, 74:5, 80:16,
81:20, 82:4, 82:9, 82:25,
84:18, 90:19, 103:20,
108:25, 111:11, 111:18,

112:4, 117:13, 124:17,
133:5, 141:4, 141:14,
141:15, 154:1, 154:5,
165:24
areas [15] - 10:9, 10:14,
10:17, 10:22, 11:4, 14:9,
16:17, 18:8, 18:10,
18:13, 18:14, 22:19,
22:20, 80:9, 130:20
argue [1] - 8:16
argued [1] - 108:10
arguments [1] - 175:1
arrive [1] - 26:9
aside [2] - 48:17, 174:12
assess [1] - 148:18
assessment [6] - 111:25,
137:20, 137:25, 153:18,
163:19, 166:14
assignment [1] - 17:4
assist [2] - 109:13,
135:18
assisted [1] - 162:14
associated [15] - 22:4,
84:17, 110:4, 110:9,
110:13, 113:25, 115:13,
116:15, 117:3, 125:13,
155:2, 156:16, 163:24,
165:5, 173:25
assume [3] - 7:6, 13:20,
166:3
assumed [5] - 79:16,
126:17, 149:2, 149:4,
165:3
assuming [2] - 7:9, 134:1
assumption [3] - 137:16,
149:8, 149:10
asterisk [2] - 97:4, 97:6
asymptotic [6] - 158:4,
158:7, 159:20, 160:1,
160:12, 165:7
atoms [3] - 36:13, 36:14
attach [1] - 81:8
attacks [1] - 63:14
attempt [2] - 33:16, 41:2
attempting [1] - 107:13
attempts [1] - 109:4
attenuation [42] - 57:15,
57:17, 57:24, 58:6, 58:8,
58:9, 58:17, 58:21, 59:1,
59:12, 59:17, 59:23,
90:13, 91:18, 92:2, 95:6,
95:9, 101:1, 106:9,
121:20, 122:22, 130:12,

130:16, 130:23, 130:24,
131:1, 131:4, 131:8,
131:11, 131:15, 158:14,
158:17, 158:20, 159:10,
159:21, 159:22, 161:7,
162:4, 168:17, 168:21,
169:8, 169:9
Attorney [1] - 4:16
ATTORNEY [1] - 1:19
attorney [2] - 177:11,
177:13
attorneys [1] - 174:8
attribute [2] - 72:25,
78:10
attributed [2] - 78:11,
164:5
audit [1] - 130:4
August [12] - 107:15,
128:23, 133:14, 134:3,
150:6, 152:11, 153:6,
153:21, 158:1, 160:14,
161:2, 169:2
auspices [1] - 147:20
authorities [1] - 167:24
authority [5] - 138:2,
138:25, 139:2, 143:5,
147:25
authorized [1] - 168:14
available [3] - 33:15,
33:17, 41:10
Avenue [13] - 66:8, 71:1,
82:14, 83:22, 84:13,
85:6, 85:11, 87:16,
87:18, 132:22, 132:25,
133:6, 152:23
avoid [1] - 36:9
aware [9] - 85:19,
104:13, 139:13, 139:17,
139:21, 141:24, 147:7,
154:3, 172:23
AXINE [1] - 1:15
B
background [3] - 8:1,
10:3, 112:1
bacteria [2] - 60:14,
60:24
Bakers [6] - 48:8, 48:13,
106:19, 117:1, 121:7,
122:10
bar [1] - 72:8
base [2] - 29:18, 110:17
based [37] - 17:8, 18:24,

19:10, 19:22, 20:13,
22:4, 22:14, 24:2, 24:9,
26:15, 28:23, 31:7,
31:22, 42:3, 46:23,
59:19, 75:1, 85:23, 86:5,
87:13, 90:11, 98:17,
99:11, 100:11, 101:5,
101:6, 105:22, 120:10,
133:2, 135:4, 144:12,
156:13, 159:16, 161:20,
167:11, 171:9, 171:23
baseline [2] - 162:19,
162:23
basic [2] - 22:10, 64:11
basis [7] - 10:25, 18:17,
24:1, 28:20, 107:16,
123:2, 172:13
Bates [1] - 139:24
BE [1] - 3:8
beach [1] - 14:8
bearing [1] - 15:11
beautiful [1] - 49:4
became [2] - 9:5, 37:23
become [3] - 70:4, 70:5,
102:8
becomes [1] - 61:16
bedrock [42] - 14:13,
14:14, 14:16, 15:2,
51:18, 66:24, 67:2, 67:4,
67:7, 69:2, 69:3, 69:6,
69:8, 69:9, 69:12, 69:16,
69:20, 69:21, 69:23,
73:4, 74:14, 75:14,
75:15, 76:19, 76:22,
84:12, 85:2, 87:15,
94:20, 99:6, 111:17,
111:18, 111:19, 116:7,
119:24, 120:5, 144:22,
144:24, 146:11, 151:16,
153:4, 173:1
began [1] - 161:2
beginning [1] - 59:2
begun [1] - 161:10
behalf [9] - 1:21, 2:8,
2:11, 4:10, 4:15, 4:19,
4:24, 6:1, 150:23
behave [3] - 34:16,
34:19, 38:9
behavior [1] - 124:11
behind [2] - 61:5, 141:21
believes [5] - 137:12,
138:3, 138:20, 142:24,
142:25

181
below [16] - 7:23, 29:1,
29:20, 45:16, 50:14,
55:12, 62:9, 67:2, 75:24,
81:16, 94:21, 111:12,
111:17, 112:24, 141:11,
153:15
beneath [4] - 69:5, 75:15,
118:5, 124:20
bent [1] - 70:4
benzene [4] - 37:25,
38:1, 38:3, 77:12
Berger [1] - 4:18
BERGER [1] - 1:20
best [1] - 105:22
better [2] - 44:8, 60:21
between [24] - 13:3,
13:11, 18:13, 23:3,
71:22, 80:10, 83:18,
84:16, 86:5, 86:22, 87:7,
87:19, 94:1, 102:6,
102:7, 102:20, 103:8,
105:10, 119:3, 124:8,
126:18, 128:25, 130:6,
160:23
beyond [3] - 82:14,
125:8, 157:1
bid [2] - 98:11, 173:16
bids [1] - 99:12
bigger [1] - 101:22
billion [24] - 35:10,
35:15, 39:17, 39:18,
40:3, 40:4, 54:10, 55:12,
59:15, 77:21, 78:4, 78:9,
101:5, 103:25, 112:24,
113:21, 114:4, 116:17,
116:23, 117:6, 120:16,
120:17, 123:8
binder [1] - 6:20
biodegradation [9] 37:20, 38:4, 38:14, 60:5,
60:8, 60:10, 60:11, 61:3,
130:17
biodegrades [1] - 38:2
bit [2] - 103:14, 110:11
bituminous [2] - 81:2,
81:6
bodies [2] - 46:9, 112:6
body [5] - 18:12, 27:18,
27:19, 27:22, 49:9
Bollar [1] - 4:24
BOLLAR [2] - 2:7, 4:23
bore [12] - 68:2, 82:17,
83:2, 102:5, 102:23,

103:4, 104:23, 105:12,
105:13, 144:2, 144:14,
146:3
boring [2] - 68:6, 68:7
Bottle [1] - 71:20
bottom [5] - 45:13, 52:2,
68:20, 97:6, 99:20
bound [1] - 35:21
branched [1] - 36:7
brand [1] - 106:2
branding [1] - 71:4
break [3] - 92:10, 128:6,
159:1
breaks [1] - 63:11
brief [5] - 5:17, 69:24,
72:4, 154:8, 174:25
briefing [2] - 6:16,
107:25
briefly [15] - 7:20, 7:25,
11:7, 12:12, 12:22, 17:5,
18:5, 20:25, 24:16,
62:17, 98:25, 102:2,
112:19, 116:9, 117:22
bringing [1] - 6:18
broad [1] - 52:7
broken [1] - 37:21
Brook [1] - 4:14
brook [1] - 112:6
Brown [20] - 5:21, 7:17,
10:14, 11:7, 47:21,
93:14, 139:17, 140:4,
146:6, 148:6, 150:2,
152:10, 154:9, 155:12,
160:7, 166:21, 167:3,
168:13, 169:14, 176:5
brown [2] - 12:24,
128:17
BROWN [2] - 6:1, 93:8
Brown's [1] - 138:9
bubbling [1] - 118:1
bullet [1] - 32:1
bullets [1] - 16:21
burn [2] - 22:16, 65:9
business [2] - 9:10, 98:7
butyl [2] - 28:3, 28:4
BY [36] - 1:15, 1:17,
1:19, 1:20, 2:6, 2:7,
2:10, 7:16, 10:13, 11:6,
44:1, 48:19, 64:7, 79:21,
93:11, 96:6, 98:21,
100:24, 102:24, 106:6,
106:18, 110:1, 115:3,
123:23, 128:16, 129:24,

138:19, 140:3, 148:5,
150:1, 152:9, 156:6,
157:20, 159:8, 161:12,
168:12
C
Cal [1] - 8:17
calculate [3] - 51:6, 51:7,
82:22
calculated [1] - 171:23
calculates [1] - 171:17
calculation [5] - 164:17,
164:25, 171:6, 172:6,
172:8
calculations [3] - 106:13,
155:23, 171:10
cannot [5] - 141:5,
142:23, 143:4, 166:3,
168:13
capillary [2] - 13:13,
61:13
capital [7] - 88:20, 88:25,
99:23, 100:2, 100:4,
100:6, 100:9
capture [3] - 49:20,
49:21, 63:24
captures [1] - 63:2
capturing [1] - 63:4
carbon [5] - 35:22,
36:12, 63:12, 81:9, 99:8
carbons [2] - 36:15,
80:25
career [3] - 9:14, 11:12,
16:1
CARLOS [1] - 2:7
Carlos [1] - 4:24
case [48] - 10:15, 11:24,
12:5, 14:10, 16:22, 17:5,
20:5, 21:18, 22:1, 23:18,
24:17, 25:5, 26:8, 26:17,
27:24, 28:16, 30:3, 30:7,
30:19, 31:3, 31:6, 40:14,
46:3, 46:21, 46:25, 49:8,
49:16, 49:23, 50:3,
50:15, 51:17, 52:6, 55:5,
55:16, 56:14, 58:20,
63:7, 65:11, 68:1, 80:23,
100:21, 104:13, 116:20,
154:8, 160:9, 165:3,
166:4, 172:21
cases [13] - 13:23,
26:12, 26:14, 32:20,
32:21, 39:1, 45:20, 56:1,

62:9, 63:4, 123:2, 135:7,
151:3
casings [6] - 143:8,
145:4, 145:6, 145:18,
146:8, 146:15
causes [1] - 21:15
CCR [3] - 1:24, 3:15,
177:20
CEA [6] - 141:4, 141:7,
141:10, 141:16, 141:21,
167:11
cemented [1] - 14:6
centralized [1] - 93:16
century [1] - 39:2
Century [1] - 51:5
certain [21] - 17:9, 22:19,
29:1, 34:18, 35:20,
43:21, 60:20, 84:20,
96:21, 98:15, 101:5,
126:8, 132:13, 136:13,
141:5, 142:3, 143:4,
151:9, 154:4, 166:3,
166:25
certainly [13] - 7:22,
8:14, 12:23, 15:19, 18:6,
21:1, 49:1, 52:13, 74:9,
74:25, 99:1, 111:9,
174:17
Certificate [1] - 177:21
CERTIFIED [1] - 3:8
Certified [1] - 177:4
certify [2] - 177:5, 177:10
cetera [1] - 46:9
chain [3] - 36:1, 36:7
chambers [1] - 174:19
chance [1] - 162:2
chances [1] - 98:10
change [10] - 75:8, 75:9,
78:5, 79:6, 97:6, 121:3,
124:11, 127:22, 131:20,
173:17
changed [5] - 70:7,
109:8, 124:8, 132:11,
173:17
changes [3] - 74:5, 75:6,
132:7
changing [1] - 133:22
characteristic [1] - 37:4
characteristics [1] - 38:7
characterize [2] - 76:25,
136:4
characterized [3] 76:17, 76:22, 168:15

182
characterizing [1] 69:16
charge [1] - 173:16
cheaper [1] - 146:5
check [1] - 168:11
chemical [16] - 23:10,
28:10, 29:1, 30:9, 30:12,
34:18, 34:24, 35:18,
37:10, 57:19, 63:6, 63:9,
63:11, 63:14, 110:13
chemicals [4] - 28:15,
65:15, 81:10, 141:11
chemistry [5] - 36:9,
65:16, 65:20, 110:19,
113:3
chlorinated [2] - 37:16,
60:23
choose [1] - 161:20
chronology [4] - 72:2,
72:5, 113:9, 114:2
circumstances [1] 133:19
cited [2] - 148:12, 148:23
city [3] - 51:4, 51:5,
70:16
City [12] - 70:16, 72:13,
72:24, 76:4, 76:7, 76:14,
83:11, 83:19, 84:1, 84:7,
85:14, 85:18
CIVIL [1] - 1:2
civil [1] - 8:8
claim [7] - 97:7, 97:10,
106:7, 155:14, 169:20,
169:22, 169:24
claims [1] - 9:23
clarification [1] - 107:11
clarify [2] - 97:8, 97:17
CLARKSON [1] - 1:10
classification [1] - 141:4
classified [1] - 69:2
clay [1] - 111:16
clays [1] - 14:6
Clean [2] - 22:17, 22:22
clean [11] - 11:22, 40:6,
53:3, 53:9, 54:3, 78:23,
81:18, 130:13, 131:18,
133:12, 170:17
cleaned [3] - 30:21,
54:24, 129:2
Cleaners [22] - 114:4,
114:7, 114:9, 114:11,
115:4, 116:1, 116:4,
117:2, 118:20, 119:2,

119:5, 119:21, 122:16,
125:7, 125:8, 125:14,
125:24, 126:2, 126:9,
126:14, 126:18, 127:3
cleaners [4] - 114:11,
114:19, 114:25, 116:22
cleaning [11] - 37:16,
56:24, 57:1, 57:2, 57:4,
93:14, 115:12, 115:14,
115:16, 129:10
cleans [2] - 53:19, 131:5
cleanup [7] - 30:7, 30:23,
31:5, 31:8, 40:5, 59:11,
159:21
clear [10] - 19:1, 30:13,
131:4, 144:2, 144:15,
147:18, 162:3, 162:17,
162:23, 170:16
clearly [7] - 53:14, 89:14,
94:21, 116:14, 156:3,
156:22, 166:17
CLERK [5] - 4:4, 92:12,
93:4, 128:8, 128:12
client [6] - 137:24, 138:3,
139:10, 142:21, 142:23,
170:18
clients [4] - 9:22, 9:25,
25:11, 102:17
Clinton [1] - 12:17
close [8] - 52:14, 53:1,
78:1, 94:13, 101:17,
112:25, 128:3
closest [1] - 120:25
cluster [20] - 74:17,
94:10, 94:12, 94:15,
95:20, 101:12, 101:17,
102:11, 104:20, 104:22,
105:5, 105:10, 136:1,
143:10, 144:24, 150:17,
151:6, 153:12, 163:16
clusters [8] - 94:9, 94:24,
95:10, 95:18, 95:19,
96:8, 121:19, 122:20
coal [1] - 81:2
coarse [1] - 111:14
Coast [1] - 64:23
coconut [1] - 81:2
COHN [1] - 1:16
Cohn [1] - 4:13
coincided [1] - 22:20
collaboration [1] - 8:21
colleague [1] - 174:1
collect [4] - 151:16,

154:20, 156:19, 157:4
collected [8] - 26:22,
67:23, 75:1, 78:8, 124:6,
125:21, 126:18, 134:6
collecting [1] - 52:1
collectively [1] - 57:23
collects [1] - 151:17
College [3] - 8:4, 8:8,
8:10
combination [2] - 40:17,
55:20
combined [2] - 158:20,
159:11
combining [1] - 62:18
combustion [1] - 65:4
coming [3] - 34:9, 98:10,
98:23
comment [1] - 140:22
commercial [6] - 66:20,
71:20, 75:18, 75:21,
76:9, 76:11
commingled [1] - 86:10
commingling [2] - 86:12,
86:14
commitment [1] - 166:8
committed [2] - 164:19,
165:15
common [5] - 22:12,
22:13, 54:19, 60:7,
113:4
commonly [2] - 101:24,
115:13
companies [3] - 11:9,
11:12, 33:2
company [5] - 9:4, 9:6,
65:1, 67:25, 144:15
comparable [2] - 8:18,
79:6
compare [1] - 36:18
compared [8] - 15:14,
36:19, 52:23, 53:10,
57:3, 109:10, 125:13,
138:13
compares [1] - 38:17
comparison [1] - 105:23
competent [1] - 14:13
compile [1] - 72:2
complete [8] - 32:11,
82:16, 101:19, 102:22,
105:1, 113:14, 140:21,
174:8
completed [14] - 15:1,
32:17, 52:14, 52:18,

67:6, 74:18, 75:14,
75:23, 83:3, 91:12,
93:17, 94:13, 102:11,
163:14
completely [4] - 13:4,
13:8, 50:16, 115:25
completes [1] - 137:7
completing [3] - 41:1,
101:15, 102:4
completion [5] - 54:13,
101:20, 101:23, 105:2,
155:4
completions [3] - 94:11,
103:15, 146:4
complex [8] - 15:17,
15:20, 20:10, 52:22,
54:14, 69:25, 144:5,
146:4
complexity [2] - 53:8,
73:2
complicated [6] - 20:12,
44:9, 51:14, 53:25,
101:20, 101:22
comply [1] - 29:7
components [1] - 136:15
compound [8] - 30:14,
30:16, 36:13, 37:7, 37:8,
39:15, 63:16, 158:25
compounds [2] - 22:15,
36:12
comprised [1] - 14:5
compromised [1] - 102:9
concede [3] - 107:24,
133:16, 145:24
concentration [20] 28:24, 29:1, 30:25,
59:20, 77:14, 78:3,
78:21, 96:9, 112:22,
113:1, 113:4, 113:18,
113:20, 114:3, 115:23,
116:22, 120:16, 125:3,
127:8, 131:8
concentrations [30] 29:14, 31:24, 35:15,
40:11, 47:10, 59:6,
59:22, 62:21, 63:1,
77:12, 77:15, 78:15,
79:2, 90:20, 92:3, 116:5,
116:13, 117:10, 117:14,
121:2, 123:7, 124:21,
127:1, 127:5, 130:21,
132:23, 133:6, 141:14,
142:13, 162:14

183
concept [2] - 103:1,
118:22
conception [1] - 46:19
concepts [1] - 119:13
conceptual [2] - 41:20,
45:24
conceptually [1] - 41:19
concern [15] - 27:24,
27:25, 28:11, 37:15,
37:25, 71:19, 77:11,
102:1, 102:4, 102:9,
103:7, 104:2, 104:4,
115:7, 141:11
concerned [3] - 28:2,
28:19, 144:11
concerning [5] - 9:21,
73:15, 76:25, 79:23,
128:18
concerns [2] - 144:9,
144:12
conclude [1] - 86:11
concluded [2] - 151:2,
159:18
conclusion [2] - 26:15,
161:24
conclusions [3] - 26:10,
26:12, 135:4
condition [16] - 17:15,
19:25, 20:1, 21:21,
21:22, 21:23, 24:5, 30:8,
31:8, 39:13, 40:19, 57:7,
95:8, 162:11, 162:16,
162:19
conditionally [2] 109:20, 109:24
conditions [48] - 15:22,
18:1, 24:2, 25:14, 25:24,
34:2, 34:3, 38:25, 41:25,
42:1, 42:2, 46:22, 55:25,
56:11, 57:8, 58:1, 60:20,
60:22, 60:25, 63:8,
67:16, 70:10, 70:11,
71:6, 73:25, 75:13, 77:6,
77:7, 85:1, 96:10,
119:18, 122:8, 127:7,
131:25, 133:2, 134:13,
135:5, 158:4, 158:7,
158:22, 159:13, 159:20,
160:1, 160:12, 161:14,
162:24, 168:20, 173:17
conduct [1] - 82:25
conducted [6] - 47:14,
80:6, 89:12, 144:17,

168:17, 168:18
conducting [1] - 117:23
cone [4] - 21:5, 21:7,
21:10, 50:5
confidence [1] - 171:15
confident [2] - 166:9,
173:2
confined [1] - 20:7
confirm [3] - 86:23,
131:14, 165:19
confirmed [3] - 127:9,
127:14, 162:7
confirming [1] - 131:17
connection [4] - 133:13,
154:7, 160:8, 163:2
connects [2] - 15:6, 15:9
conservative [1] - 101:8
conservatively [1] 160:24
consider [16] - 16:12,
24:6, 25:15, 28:14,
32:19, 33:22, 39:5, 55:6,
55:24, 89:13, 93:24,
110:20, 112:20, 117:17,
122:15, 142:10
considerable [1] - 9:16
consideration [1] - 148:3
considerations [1] 28:21
considered [5] - 24:1,
62:6, 107:14, 122:8,
123:20
considering [1] - 56:21
consistent [9] - 82:6,
83:6, 91:6, 112:16,
113:2, 154:24, 162:21,
163:15, 165:23
consistently [1] - 9:18
consolidated [1] - 94:20
constant [2] - 37:10,
133:19
constituent [1] - 23:4
constituents [16] 12:10, 35:3, 35:21, 36:3,
36:25, 37:13, 37:22,
37:25, 38:17, 43:4,
44:13, 60:21, 62:14,
65:19, 115:22, 115:24
construction [2] - 99:15,
144:5
consultant [5] - 9:2,
12:7, 33:14, 68:1,
150:23

consultants [7] - 25:9,
33:1, 67:23, 68:18,
68:24, 69:9, 73:21
consulted [1] - 9:20
consulting [4] - 9:7,
16:3, 17:17, 41:24
consuming [1] - 28:25
contact [1] - 44:13
contain [7] - 34:20,
54:25, 80:24, 81:9,
111:14, 111:16, 167:14
contained [4] - 33:14,
96:13, 121:14, 142:14
containing [2] - 34:17,
52:20
contains [6] - 14:16,
36:2, 36:11, 52:17,
52:20, 111:21
contaminant [21] 24:23, 29:3, 29:25,
31:19, 34:8, 41:25,
46:20, 59:6, 61:15,
61:20, 61:24, 63:10,
63:12, 71:5, 77:7, 79:1,
80:1, 115:7, 122:3,
130:19, 158:8
contaminant's [1] 46:21
contaminants [5] 25:22, 27:24, 27:25,
28:1, 77:11
contaminate [2] - 27:21,
62:3
contaminated [20] 12:8, 12:9, 16:9, 16:10,
25:10, 25:20, 25:24,
53:2, 54:16, 73:22,
80:13, 80:19, 80:24,
81:12, 81:18, 82:1,
84:10, 93:15, 103:17,
131:5
contamination [100] 9:19, 9:24, 10:1, 11:10,
11:16, 15:18, 17:13,
23:13, 23:14, 26:2, 26:3,
27:16, 27:20, 31:17,
31:23, 40:15, 42:2, 42:4,
46:3, 46:24, 47:8, 47:12,
48:21, 49:15, 53:19,
53:23, 54:13, 56:18,
56:21, 57:19, 57:23,
58:18, 59:7, 61:11,
61:18, 61:25, 62:24,

63:24, 63:25, 67:3,
72:21, 72:22, 73:5, 77:1,
77:3, 78:16, 78:18,
78:21, 80:23, 81:1,
82:21, 84:7, 84:12, 85:8,
85:10, 85:18, 86:12,
87:4, 87:15, 87:17,
87:19, 88:11, 90:6,
90:10, 90:18, 91:17,
92:3, 95:3, 101:4, 102:6,
103:1, 103:8, 103:21,
104:25, 105:6, 110:9,
118:2, 118:4, 118:19,
119:10, 120:13, 122:18,
124:20, 125:1, 125:3,
127:23, 130:15, 130:18,
133:17, 133:24, 136:5,
136:12, 140:21, 140:25,
141:1, 141:19, 142:15,
145:9, 168:14
contamination's [1] 57:21
contaminations [1] 59:8
contend [1] - 108:18
context [6] - 27:6, 27:8,
109:2, 109:13, 109:17,
146:17
contiguous [1] - 87:17
contingency [20] 97:18, 97:20, 97:22,
97:25, 98:1, 98:13,
98:15, 98:17, 100:19,
170:21, 171:2, 171:9,
171:10, 172:8, 172:17,
172:21, 173:7, 173:20,
173:23, 173:25
continue [11] - 93:6,
109:25, 118:20, 123:5,
124:16, 125:5, 158:3,
164:14, 167:16, 169:12,
172:16
continued [9] - 1:21,
5:22, 73:12, 78:25, 79:1,
93:10, 124:14, 129:2,
133:12
Continued [1] - 92:14
continues [3] - 21:9,
62:3, 168:25
continuing [4] - 36:11,
117:15, 165:10, 165:16
continuous [1] - 44:16
contour [1] - 50:12

184
contouring [1] - 50:13
contractor [1] - 98:9
contractors [1] - 99:13
contrast [1] - 118:12
contribute [1] - 73:10
contributed [1] - 71:7
contribution [1] - 125:16
control [1] - 157:2
controlled [1] - 37:9
controlling [1] - 92:2
convenient [1] - 7:8
copy [4] - 6:13, 149:15,
149:17, 160:7
corner [1] - 107:7
CORPORATION [1] - 1:7
Corporation [3] - 2:8,
2:8, 11:14
correct [144] - 5:14,
5:15, 10:7, 10:23, 11:2,
12:16, 13:18, 14:24,
14:25, 16:14, 16:23,
16:24, 21:14, 21:17,
24:18, 24:19, 27:25,
28:13, 29:6, 30:22, 36:1,
39:21, 40:13, 40:22,
41:3, 46:11, 47:16,
47:17, 48:3, 48:14,
48:15, 49:16, 49:25,
54:7, 55:14, 56:6, 56:7,
61:5, 64:14, 65:9, 65:13,
68:23, 74:6, 74:7, 76:6,
78:6, 84:2, 87:3, 87:9,
87:10, 88:2, 90:15,
90:17, 91:21, 94:7,
94:16, 94:19, 96:10,
96:21, 97:3, 97:15,
98:16, 107:1, 107:2,
110:25, 111:4, 112:9,
112:10, 113:11, 114:1,
114:6, 114:13, 115:6,
118:13, 119:15, 120:2,
120:12, 121:21, 121:22,
121:25, 122:21, 123:9,
123:14, 123:25, 124:2,
124:5, 124:6, 125:12,
126:5, 126:6, 128:20,
128:21, 128:24, 129:10,
129:17, 130:10, 131:16,
132:1, 132:10, 132:21,
133:3, 133:4, 133:11,
134:19, 135:22, 136:1,
136:17, 138:1, 139:7,
140:19, 143:9, 143:10,

143:13, 143:18, 144:3,
144:4, 144:19, 145:2,
146:12, 148:8, 149:9,
150:7, 150:11, 152:17,
153:3, 153:9, 153:11,
153:19, 153:24, 155:23,
158:6, 158:11, 158:24,
159:23, 160:4, 160:17,
162:20, 163:13, 163:23,
165:9, 167:7, 170:13,
170:18, 170:24
Correct [87] - 17:2,
30:21, 31:12, 34:25,
35:19, 46:10, 49:15,
49:24, 51:14, 55:13,
61:4, 64:13, 68:22, 89:1,
90:14, 110:5, 110:24,
111:3, 111:24, 114:5,
115:5, 123:8, 124:17,
127:8, 129:3, 130:1,
130:9, 130:13, 130:18,
130:25, 131:12, 131:19,
132:9, 132:15, 132:20,
133:10, 133:14, 133:20,
134:12, 135:21, 135:25,
136:5, 136:9, 136:12,
136:23, 137:3, 137:9,
137:15, 137:21, 138:23,
139:12, 140:16, 141:1,
141:4, 141:12, 141:20,
143:3, 143:17, 144:18,
144:22, 145:19, 145:22,
146:8, 148:22, 150:10,
150:15, 150:21, 152:11,
152:16, 153:2, 153:8,
153:18, 153:23, 155:2,
155:10, 158:17, 160:2,
160:20, 161:19, 162:11,
163:3, 163:22, 166:24,
167:16, 169:18, 169:23,
170:12
correctly [2] - 108:11,
125:18
cost [45] - 24:11, 57:9,
88:22, 88:25, 89:8,
89:13, 89:15, 89:17,
98:4, 98:5, 98:7, 99:23,
99:24, 100:12, 105:9,
105:16, 105:19, 105:23,
105:24, 106:13, 123:10,
127:22, 138:12, 146:6,
153:17, 155:6, 155:12,
156:15, 161:18, 163:11,

163:19, 163:24, 164:25,
165:5, 166:6, 166:14,
171:1, 171:15, 172:21,
172:25, 173:10, 173:12,
173:22
costed [1] - 146:10
costs [26] - 88:19, 89:5,
89:18, 98:12, 98:19,
98:23, 99:11, 99:13,
99:15, 101:10, 123:12,
133:9, 153:16, 155:1,
156:3, 156:23, 164:8,
165:1, 165:3, 165:8,
165:12, 165:13, 166:5,
166:23, 173:3
counsel [8] - 4:7, 7:6,
97:9, 119:6, 126:21,
175:13, 177:11, 177:13
country [1] - 22:19
county [2] - 9:25, 26:4
couple [1] - 120:24
course [9] - 11:12, 50:1,
105:22, 137:19, 137:24,
151:20, 156:7, 166:11,
173:8
court [5] - 4:3, 93:3,
112:3, 128:11, 175:16
Court [4] - 6:13, 109:13,
177:4
COURT [102] - 1:1, 1:25,
3:15, 4:5, 4:12, 5:4,
5:16, 5:18, 5:20, 6:5,
6:10, 6:14, 6:22, 7:9,
7:13, 10:2, 10:8, 10:21,
11:1, 11:3, 42:5, 43:19,
45:6, 47:20, 48:1, 48:4,
48:17, 64:5, 79:13,
79:18, 88:23, 91:7,
91:19, 91:23, 92:7, 93:5,
95:14, 95:19, 95:25,
97:13, 97:16, 97:21,
98:1, 98:14, 98:20,
99:18, 99:24, 100:3,
100:7, 100:13, 100:17,
100:23, 102:13, 102:19,
104:2, 105:9, 105:15,
105:21, 106:2, 106:5,
106:17, 107:21, 108:20,
109:3, 109:16, 109:21,
109:25, 114:15, 114:18,
114:23, 123:22, 128:3,
128:7, 128:13, 129:14,
138:11, 146:16, 146:21,

147:1, 147:6, 147:8,
147:13, 147:23, 148:9,
149:20, 149:24, 152:20,
152:24, 155:20, 157:8,
157:15, 159:1, 159:4,
161:1, 161:4, 161:9,
168:4, 174:3, 174:6,
174:22, 175:2, 175:13
Court's [1] - 106:15
courtesy [1] - 6:13
COURTHOUSE [1] - 1:10
courtroom [1] - 86:22
cover [3] - 12:12, 32:6,
174:11
covers [1] - 163:19
cracks [1] - 14:17
create [3] - 42:1, 62:11,
116:17
created [1] - 135:10
creates [3] - 21:4, 21:7,
21:12
criteria [2] - 24:10, 88:9
critical [2] - 17:10, 32:12
Cross [1] - 176:3
cross [14] - 67:14, 67:15,
67:17, 67:22, 68:8,
68:14, 70:14, 102:6,
103:7, 104:25, 108:16,
109:18, 114:24, 120:7
CROSS [1] - 128:15
cross-examination [2] 108:16, 114:24
CROSS-EXAMINATION
[1] - 128:15
cross-examines [1] 109:18
cross-section [5] 67:17, 68:8, 68:14,
70:14, 120:7
cross-sections [3] 67:14, 67:15, 67:22
crossed [1] - 97:13
crude [1] - 36:11
Cumberland [4] - 2:11,
5:2, 5:11, 48:7
curious [1] - 106:11
current [10] - 9:18,
41:14, 42:1, 91:14,
96:19, 97:10, 135:5,
151:4, 155:5, 172:17
customers [1] - 29:14
cut [4] - 44:16, 135:8,
135:14, 166:13

185
cut-off [2] - 135:8,
135:14
cuts [1] - 78:20
D
D-1 [1] - 176:11
D-2 [1] - 176:12
D-3 [1] - 176:12
damage [1] - 155:22
damages [7] - 155:14,
157:4, 163:19, 163:25,
164:17, 170:17, 170:19
Darcy [2] - 51:3
dash [1] - 89:16
data [69] - 17:10, 17:20,
17:22, 19:4, 19:13,
31:22, 32:8, 32:10,
32:12, 32:15, 40:25,
41:5, 65:16, 65:20,
67:21, 67:23, 71:2, 75:1,
80:11, 82:12, 85:24,
95:13, 107:19, 108:6,
109:9, 109:11, 110:14,
110:16, 110:19, 110:20,
113:3, 113:10, 113:14,
116:1, 119:2, 119:9,
119:11, 120:10, 122:17,
123:17, 123:19, 123:24,
124:3, 124:6, 125:13,
125:14, 125:17, 125:21,
125:23, 126:2, 126:14,
126:19, 126:22, 126:23,
127:13, 127:14, 127:17,
134:6, 134:14, 135:10,
135:12, 142:10, 151:13,
155:3, 156:13, 159:16,
163:13, 167:11
date [9] - 95:16, 121:24,
135:14, 139:10, 140:10,
146:25, 156:13, 167:8,
177:8
Daubert [5] - 10:6, 10:24,
108:9, 154:11, 160:9
DAUBERT [1] - 1:4
David [1] - 4:21
DAVID [1] - 2:6
days [2] - 5:14, 174:12
deadline [1] - 135:13
deal [2] - 10:1, 157:9
dealing [6] - 9:14, 11:9,
15:17, 57:6, 127:23,
157:8
dealt [1] - 11:15

decade [1] - 170:12
decades [3] - 38:23,
39:1, 44:25
December [1] - 78:6
decide [3] - 134:17,
151:8, 156:9
decided [2] - 150:20,
156:5
decides [3] - 136:22,
137:2, 166:11
deciding [1] - 109:14
decision [1] - 165:23
deck [1] - 108:5
declaration [4] - 154:7,
154:9, 154:16, 160:8
decline [1] - 78:10
declining [3] - 124:22,
130:21, 131:8
deducted [3] - 97:14,
97:18, 97:19
deep [8] - 36:8, 45:11,
45:19, 73:25, 76:21,
83:2, 86:17, 116:20
deeper [6] - 21:10, 38:18,
85:2, 103:17, 116:6,
116:14
defendant's [1] - 106:12
Defendant's [5] - 139:23,
140:1, 149:16, 149:18,
152:7
Defendants [3] - 1:8, 2:8,
2:11
defendants [2] - 25:4,
106:7
defense [1] - 26:9
deficiencies [1] - 32:8
defined [5] - 63:24,
69:13, 73:5, 74:14,
172:14
definitively [1] - 160:3
degradation [9] - 28:8,
30:5, 49:19, 60:13,
60:15, 101:6, 130:22,
160:22, 161:22
degrade [2] - 57:22,
60:24
degrading [1] - 60:18
degree [6] - 8:3, 13:19,
30:6, 75:7, 98:4, 171:14
Degree [1] - 8:9
degrees [3] - 16:7, 16:9,
76:2
delineate [6] - 136:4,

137:13, 138:5, 138:21,
151:22, 156:10
delineated [5] - 136:23,
137:3, 139:6, 142:25,
168:15
delineating [3] - 136:11,
136:16, 136:19
delineation [4] - 112:3,
135:19, 140:19, 140:22
deliver [1] - 29:13
demand [1] - 139:2
demonstrably [1] 105:16
demonstrate [5] - 92:2,
95:5, 158:24, 159:15,
161:15
density [1] - 15:21
DEP [18] - 130:1, 130:4,
136:8, 137:25, 138:3,
138:8, 138:20, 139:11,
140:15, 142:24, 147:3,
147:5, 147:21, 167:7,
167:19, 167:24, 173:19
DEP,your [1] - 147:12
DEPARTMENT [2] - 1:4,
1:18
Department [1] - 129:8
depict [2] - 67:13, 67:15
depicted [6] - 14:8, 44:7,
49:10, 66:16, 66:18,
68:17
depiction [2] - 49:2,
49:16
depicts [1] - 14:1
depleted [1] - 21:8
deposit [2] - 14:10, 66:23
deposited [1] - 70:2
deposition [4] - 159:3,
159:5, 159:10, 162:22
depositions [1] - 135:11
deposits [3] - 15:14,
111:12, 111:14
depression [4] - 21:5,
21:12, 21:15, 50:5
depth [13] - 45:21, 52:19,
69:5, 82:16, 84:21,
84:23, 87:8, 94:18,
144:6, 151:9, 151:11,
153:14, 154:20
depths [12] - 74:11,
74:19, 83:3, 143:16,
150:21, 150:24, 151:1,
151:5, 151:22, 152:13,

153:2, 153:13
Deputy [1] - 4:16
DEPUTY [6] - 1:19, 4:4,
92:12, 93:4, 128:8,
128:12
descending [1] - 69:5
describe [8] - 7:25,
40:23, 62:7, 68:6, 98:25,
117:22, 119:19, 125:16
described [9] - 23:1,
47:12, 80:9, 81:21, 83:1,
86:21, 94:10, 121:8,
123:13
describes [3] - 24:16,
24:19, 97:11
description [3] - 64:11,
129:12, 140:25
design [3] - 89:4, 97:5,
135:23
designed [5] - 54:3,
63:22, 118:9, 154:19,
169:16
desire [1] - 103:2
detail [1] - 41:17
detailed [5] - 31:10,
140:24, 148:21, 149:1,
149:9
details [1] - 64:11
detect [8] - 30:11, 30:16,
39:14, 81:16, 112:18,
112:25, 170:8
detected [24] - 55:13,
68:16, 70:18, 70:20,
70:21, 71:8, 72:18,
77:12, 77:15, 77:19,
78:7, 80:1, 85:3, 85:14,
87:5, 90:20, 112:23,
113:21, 116:5, 116:12,
120:20, 132:24, 169:17,
170:2
detection [5] - 30:15,
112:13, 113:2, 120:15,
120:22
detections [9] - 72:24,
85:4, 85:5, 112:8,
112:12, 112:14, 112:15,
112:16, 124:5
determine [11] - 18:19,
19:9, 19:14, 20:10,
24:12, 47:2, 71:7, 84:15,
98:14, 146:13, 148:6
determined [2] - 147:2,
160:22

186
determining [4] - 48:10,
55:7, 74:21, 139:5
develop [5] - 14:22,
17:24, 32:16, 69:11,
85:22
developed [7] - 51:2,
51:5, 85:25, 99:1,
104:10, 156:23
developing [4] - 39:19,
101:9, 113:14, 123:12
developments [1] - 9:12
develops [1] - 98:4
diagram [1] - 52:10
diameter [1] - 144:4
difference [1] - 105:9
differences [1] - 69:10
different [28] - 20:16,
23:24, 26:15, 56:9,
56:25, 57:4, 57:7, 58:9,
69:3, 69:4, 69:8, 74:12,
74:18, 76:21, 86:9,
94:13, 99:5, 102:22,
108:17, 120:8, 120:20,
151:1, 151:3, 151:5,
151:7, 151:11, 153:2
differential [1] - 105:24
differentiation [1] 102:20
differently [2] - 34:19,
165:13
difficult [6] - 16:16, 53:8,
53:15, 54:1, 68:11,
152:21
dig [1] - 6:17
Dijon [1] - 51:5
diluted [1] - 130:20
dilution [1] - 130:17
dimensions [1] - 140:25
dioxide [1] - 63:12
dip [5] - 69:20, 69:23,
70:6, 70:12, 76:20
diploma [1] - 8:7
dipping [2] - 111:18,
111:19
Direct [1] - 176:3
DIRECT [2] - 7:15, 93:10
direct [8] - 20:19, 129:21,
130:11, 137:17, 138:5,
138:22, 144:7, 159:2
DIRECT-EXAMINATION
[1] - 93:10
directed [4] - 137:8,
137:10, 137:20, 139:11

direction [28] - 16:5,
16:6, 17:19, 18:20,
19:12, 19:14, 20:10,
20:13, 47:3, 49:7, 74:2,
74:4, 74:21, 75:4, 75:16,
75:17, 75:25, 76:2, 76:6,
83:14, 84:22, 85:1, 85:9,
117:16, 120:2, 120:9,
129:3, 139:13
directions [2] - 74:23,
119:19
directly [6] - 28:6, 66:5,
78:17, 116:11, 118:5,
136:17
disagree [3] - 137:25,
151:10, 151:12
disagrees [2] - 137:19,
156:8
disappear [1] - 44:16
discharge [26] - 17:15,
18:10, 18:14, 21:21,
21:22, 21:23, 24:4, 30:4,
30:8, 31:8, 39:12, 40:18,
50:3, 50:4, 50:7, 95:7,
131:25, 141:23, 158:22,
159:13, 161:14, 162:11,
162:15, 162:24
disclosed [1] - 115:18
discount [1] - 173:15
discovered [1] - 48:11
discovery [1] - 72:15
discreet [1] - 82:16
discrete [4] - 87:15,
94:18, 136:1, 154:20
discuss [7] - 12:4, 13:23,
16:25, 23:21, 73:19,
114:8, 140:20
discussed [13] - 36:20,
38:7, 38:10, 39:24,
41:19, 46:8, 48:2, 71:11,
117:25, 163:6, 163:8,
165:20, 171:2
discusses [2] - 110:2,
111:6
discussing [4] - 47:23,
48:16, 53:11, 139:8
discussion [11] - 5:17,
13:20, 26:7, 64:6, 70:1,
101:11, 142:4, 148:1,
174:17, 175:15
dissolve [5] - 34:24,
35:3, 38:10, 43:5, 44:23
dissolved [6] - 37:7,

37:17, 62:13, 62:21,
118:5, 118:9
dissolves [1] - 35:7
dissolving [1] - 44:14
distance [8] - 71:22,
78:19, 83:11, 83:17,
83:23, 84:4, 84:16, 87:9
distant [5] - 80:5, 82:14,
103:23, 104:6, 118:19
distribution [6] - 52:22,
52:23, 53:14, 54:12,
85:8, 95:2
DISTRICT [2] - 1:1, 1:1
dives [1] - 116:20
division [1] - 164:8
document [5] - 99:14,
139:24, 140:4, 171:25,
172:2
documentation [4] - 5:6,
72:4, 111:2, 165:15
documented [2] - 77:18,
98:18
documents [6] - 41:3,
41:5, 65:23, 66:1,
109:12, 111:3
domestic [2] - 27:14,
34:6
done [37] - 5:10, 25:17,
33:2, 41:8, 49:21, 59:19,
69:15, 79:7, 86:21,
91:11, 92:9, 93:21,
93:25, 95:11, 97:12,
99:3, 118:18, 121:24,
123:2, 124:19, 133:12,
137:14, 137:21, 138:1,
138:13, 139:15, 147:19,
155:22, 156:4, 156:8,
156:15, 161:25, 165:4,
166:10, 166:20, 172:14,
174:10
dosages [1] - 63:9
dots [5] - 66:3, 66:4,
66:7, 66:10, 66:11
doubt [1] - 147:24
down [19] - 19:12, 20:18,
20:19, 20:20, 37:21,
38:19, 40:15, 53:12,
55:11, 63:12, 67:8,
116:11, 123:7, 139:23,
141:19, 158:15, 160:14,
170:3, 175:9
down-gradient [3] 19:12, 116:11, 141:19

downhill [2] - 19:16, 20:3
downsized [1] - 96:19
draw [5] - 15:4, 15:6,
19:22, 20:23, 101:19
drawing [2] - 21:11, 67:7
drill [13] - 54:2, 67:24,
68:2, 68:3, 143:12,
143:17, 144:2, 144:4,
148:14, 149:3, 149:5,
163:16, 172:24
drilled [9] - 26:21, 68:17,
84:14, 84:18, 87:8,
102:17, 105:4, 120:21,
173:9
driller [1] - 173:14
drillers [1] - 173:14
drilling [7] - 67:16,
67:24, 104:23, 146:3,
148:8, 149:5, 173:2
drink [1] - 29:6
drinking [8] - 29:4, 29:7,
39:22, 49:12, 56:20,
57:5, 66:15, 67:5
drive [4] - 18:14, 18:18,
20:18, 36:8
drop [2] - 155:2, 170:22
drop-off [1] - 170:22
dry [9] - 37:16, 114:11,
114:19, 114:25, 115:11,
115:13, 115:15, 115:16,
116:22
DUANE [1] - 1:15
Duane [1] - 4:10
due [2] - 140:9, 140:10
duly [1] - 6:2
duplicate [2] - 164:21,
166:18
duplicative [2] - 106:9,
166:24
during [10] - 11:12, 23:5,
116:4, 120:18, 122:23,
124:22, 128:25, 130:6,
130:11, 144:7
dynamic [1] - 133:16
E
early [3] - 9:17, 37:24,
38:1
early-to-mid [1] - 37:24
earth [1] - 7:24
easier [1] - 149:15
East [2] - 64:23, 70:25
east [3] - 68:14, 87:18,

187
132:24
EAST [1] - 1:11
educational [1] - 8:1
effect [1] - 21:12
effective [5] - 61:18,
88:11, 89:14, 90:13,
158:13
effectively [1] - 131:21
effectiveness [7] - 24:10,
24:11, 88:10, 89:12,
89:19, 90:4, 90:5
efficiently [2] - 22:17,
65:10
eight [7] - 23:24, 57:13,
88:8, 112:1, 123:24,
124:1, 125:24
either [21] - 6:24, 13:5,
22:12, 27:15, 28:6, 29:8,
29:11, 36:6, 43:4, 81:1,
96:3, 99:11, 102:1,
108:17, 110:6, 130:19,
132:16, 147:10, 149:2,
168:1, 168:10
elected [6] - 137:22,
155:25, 156:11, 156:12,
161:20, 166:16
elects [1] - 173:21
element [2] - 32:1, 88:18
elements [3] - 19:24,
31:13, 113:16
elevation [5] - 19:11,
20:1, 20:2, 20:7, 21:3
elevations [1] - 20:13
eliminate [1] - 93:22
eliminated [1] - 104:25
elsewhere [1] - 104:14
employed [1] - 12:4
employee [2] - 177:11,
177:13
employees [1] - 9:11
enables [1] - 50:25
encounter [2] - 68:5,
76:4
end [6] - 31:2, 59:3, 59:4,
77:17, 147:14, 168:23
engineer [2] - 51:4
engineering [4] - 8:8,
8:9, 8:15, 8:24
English [1] - 8:12
enhance [4] - 22:16,
60:8, 60:9, 63:8
enhanced [1] - 60:5
enhancement [1] - 65:4

enhances [1] - 61:3
ensure [2] - 29:13,
166:19
entails [1] - 7:21
entered [2] - 53:9, 69:2
entering [1] - 52:2
enters [3] - 14:19, 15:25,
35:18
entertain [1] - 174:25
entire [3] - 15:4, 77:15,
139:4
ENTITLED [1] - 3:10
environment [13] - 9:10,
34:16, 34:21, 44:10,
53:2, 53:10, 53:11,
60:24, 61:2, 62:12,
66:24, 88:12
ENVIRONMENTAL [2] 1:5, 1:18
environmental [1] - 8:24
Environmental [1] 129:9
environments [3] 15:25, 60:14, 60:16
EPA [1] - 171:23
EPA's [1] - 171:9
equation [1] - 51:2
especially [1] - 122:14
ESQUIRE [6] - 1:15,
1:17, 1:20, 2:6, 2:7, 2:10
essence [2] - 87:6,
108:15
essential [1] - 35:21
essentially [62] - 5:9,
15:4, 17:24, 18:7, 18:18,
18:22, 19:17, 21:3, 21:6,
22:10, 24:8, 24:11,
24:19, 25:8, 28:7, 28:22,
29:19, 30:4, 31:1, 31:5,
32:4, 34:10, 36:22,
39:10, 41:25, 42:16,
43:3, 44:4, 46:2, 49:5,
50:13, 59:4, 61:17,
61:25, 62:18, 63:15,
63:25, 81:15, 86:2, 95:1,
99:2, 101:21, 102:7,
105:21, 107:18, 108:12,
111:11, 111:18, 116:10,
117:10, 117:25, 126:9,
127:7, 127:9, 129:25,
130:2, 130:20, 135:7,
139:9, 158:1, 161:3,
161:4

establishes [1] - 28:23
estimate [7] - 93:23,
99:16, 123:10, 127:22,
163:11, 166:6, 172:24
estimated [1] - 99:13
estimates [5] - 98:8,
138:13, 155:6, 171:1,
171:10
estimating [1] - 57:9
et [3] - 1:5, 1:7, 46:9
ethanol [1] - 22:14
ether [4] - 22:12, 28:3,
115:20, 115:23
evaluate [22] - 16:22,
18:22, 21:19, 23:16,
24:9, 25:23, 27:23,
40:16, 42:12, 45:25,
46:25, 53:18, 55:18,
57:25, 58:5, 65:20,
70:23, 71:9, 73:24,
89:17, 135:19, 155:5
evaluated [15] - 17:13,
23:24, 25:16, 47:7,
57:14, 60:4, 71:5, 77:5,
84:25, 86:4, 88:8,
104:18, 111:24, 151:12,
171:9
evaluating [15] - 12:1,
12:8, 19:19, 21:18, 25:9,
25:14, 28:16, 40:24,
41:24, 46:2, 46:19,
55:22, 69:9, 70:23,
73:22
evaluation [9] - 17:20,
20:6, 23:23, 32:12, 41:1,
50:11, 80:11, 88:8,
89:11
evaporate [1] - 89:17
event [1] - 169:17
events [1] - 33:11
eventually [9] - 9:5, 13:6,
40:17, 44:15, 44:21,
44:22, 49:8, 63:11,
115:2
evidence [2] - 28:16,
109:5
Evidence [1] - 176:10
evident [2] - 16:18, 42:10
exact [8] - 95:23, 105:11,
121:9, 131:12, 146:1,
146:25, 154:1, 164:7
exactly [3] - 11:1, 59:23,
167:1

EXAMINATION [3] 7:15, 93:10, 128:15
examination [5] 108:16, 114:24, 144:7,
174:15
examines [1] - 109:18
example [25] - 16:1,
18:7, 20:17, 26:3, 29:4,
34:4, 34:7, 44:18, 53:17,
60:6, 60:22, 68:19, 75:8,
75:17, 86:8, 89:21,
112:21, 132:18, 134:11,
134:16, 142:11, 143:14,
152:18, 155:24, 166:16
examples [1] - 65:1
except [1] - 89:8
exception [1] - 141:4
excerpts [2] - 6:15, 6:18
exchange [1] - 8:19
exclude [1] - 106:12
excluded [1] - 165:8
excused [2] - 175:9,
175:12
Exhibit [10] - 64:9,
106:21, 139:24, 140:1,
140:4, 149:16, 149:18,
152:3, 152:7, 153:5
exhibit [1] - 7:1
Exhibits [3] - 6:8, 6:11,
176:10
exist [2] - 61:2, 150:15
existing [17] - 26:19,
31:22, 32:8, 81:23, 85:8,
105:3, 145:13, 148:14,
149:5, 150:17, 151:5,
163:21, 164:1, 164:2,
164:11, 164:15, 164:23
expanded [5] - 80:12,
80:15, 90:25, 118:15,
132:19
expect [6] - 104:7, 113:5,
114:12, 117:6, 118:19,
134:8
expectation [1] - 133:15
expected [7] - 16:10,
44:15, 117:13, 119:4,
124:15, 132:3, 133:7
expecting [1] - 107:12
expensive [4] - 89:10,
105:14, 145:25, 146:7
experience [7] - 11:8,
22:5, 144:13, 144:20,
144:23, 145:15, 173:14

188
expert [23] - 10:15,
10:16, 10:19, 11:4, 12:7,
26:24, 66:6, 68:12,
71:15, 77:18, 79:15,
80:10, 93:19, 97:2,
105:17, 106:13, 107:19,
121:14, 124:7, 128:17,
152:3, 154:21, 159:17
expertise [2] - 22:5,
138:10
experts [3] - 25:4, 26:9,
105:18
explain [16] - 7:20,
12:21, 17:4, 17:16, 18:5,
20:25, 39:8, 48:24,
52:12, 74:8, 90:3, 99:18,
102:2, 108:25, 111:7,
112:19
explained [3] - 55:11,
116:25, 130:11
explanation [1] - 121:3
explanatory [1] - 57:16
explore [1] - 115:1
exposed [4] - 28:25,
34:9, 46:13, 46:14
exposure [1] - 29:19
expressed [3] - 118:22,
119:15, 119:23
expression [1] - 16:17
extend [1] - 66:12
extends [2] - 65:17,
68:21
extensive [2] - 122:11,
122:13
extent [8] - 33:17, 65:23,
77:8, 136:4, 136:12,
140:20, 140:23, 141:19
extraction [14] - 61:7,
61:22, 62:4, 62:16,
62:17, 62:19, 62:20,
89:22, 89:25, 90:8,
93:16, 117:24, 118:3
extremely [4] - 12:12,
54:1, 54:14, 61:22
Exxon [40] - 5:10, 64:8,
64:12, 65:11, 66:8,
66:20, 67:18, 68:13,
70:15, 70:25, 71:13,
71:16, 71:22, 72:10,
75:15, 76:10, 77:3,
77:22, 79:6, 80:8, 82:24,
83:17, 85:12, 85:17,
86:10, 86:15, 87:1,

89:20, 90:21, 91:5,
93:21, 95:4, 118:12,
118:14, 122:11, 133:18,
137:17, 137:22, 162:18,
171:13
Exxon's [1] - 91:2
ExxonMobil [68] - 2:8,
2:8, 4:22, 4:25, 11:14,
66:14, 66:22, 68:2,
68:18, 68:22, 69:6,
74:10, 75:2, 76:18,
76:23, 77:20, 78:8,
78:12, 79:15, 80:12,
81:17, 82:13, 87:14,
87:19, 91:22, 93:25,
96:21, 105:4, 132:12,
132:17, 133:5, 134:21,
135:17, 136:20, 136:25,
137:6, 137:14, 142:4,
142:17, 145:8, 145:14,
148:13, 148:18, 149:4,
150:23, 151:24, 154:14,
154:17, 154:22, 155:25,
156:5, 156:12, 156:19,
157:4, 160:13, 161:25,
162:13, 163:9, 164:12,
164:14, 164:19, 165:7,
165:9, 165:15, 167:1,
171:15, 172:16, 173:21
ExxonMobil's [2] 68:24, 105:18
F
facies [1] - 13:3
fact [27] - 15:1, 24:19,
24:22, 33:10, 42:21,
53:5, 57:22, 58:6, 58:17,
98:6, 104:12, 109:9,
112:24, 113:5, 127:6,
131:22, 135:3, 136:16,
146:10, 153:25, 154:17,
155:21, 156:2, 162:9,
169:5, 170:6
factor [2] - 45:24, 73:2
factors [7] - 19:18,
19:19, 55:6, 96:9, 98:17,
101:6, 122:7
failed [1] - 103:4
fair [4] - 118:21, 146:20,
157:13, 157:18
fairly [1] - 101:14
falls [2] - 136:7, 136:16
familiar [4] - 8:11, 48:23,

65:7, 150:2
family [1] - 68:7
far [7] - 22:13, 23:7,
35:25, 36:17, 83:21,
83:23, 146:23
Farley [1] - 4:16
FARLEY [2] - 1:19, 4:16
Farms [4] - 2:11, 5:3,
5:11, 48:8
farthest [1] - 141:18
fashion [1] - 108:2
faster [3] - 60:17, 131:19,
131:25
fate [4] - 31:19, 32:3,
42:3, 46:20
faulted [1] - 70:5
feasibility [11] - 23:17,
23:23, 24:9, 55:22,
87:22, 88:7, 121:7,
121:10, 121:13
feasible [2] - 17:14,
21:20
features [1] - 52:9
federal [3] - 29:9, 29:24,
39:25
feet [17] - 43:13, 43:16,
43:17, 43:23, 43:25,
45:15, 53:5, 53:6, 54:10,
67:2, 69:1, 71:25, 83:24,
83:25, 94:14, 99:6,
112:7
felt [10] - 59:13, 60:1,
69:9, 84:11, 94:2, 139:2,
166:9, 171:14, 172:4,
172:17
fenton [1] - 63:16
few [10] - 53:5, 54:11,
55:1, 67:8, 70:21, 74:15,
94:14, 132:10, 170:4,
170:11
fewer [1] - 131:10
field [14] - 8:1, 11:19,
17:11, 18:19, 20:16,
26:20, 31:20, 32:14,
41:21, 46:15, 50:24,
51:10, 138:9, 172:25
fields [1] - 10:20
Figure [6] - 149:17,
149:21, 150:2, 152:3,
152:10, 152:13
figure [8] - 12:23, 64:15,
66:5, 67:11, 68:20,
71:15, 149:14, 150:5

file [5] - 65:24, 115:25,
139:19, 167:5
filed [3] - 9:23, 128:17,
160:8
files [1] - 167:3
fill [1] - 174:16
filter [2] - 81:4, 81:11
filters [1] - 81:7
final [1] - 168:6
finalized [1] - 108:14
financially [1] - 177:14
finder [1] - 135:3
fine [5] - 7:9, 10:12,
109:21, 175:6, 175:7
finer [2] - 14:11, 111:15
finish [5] - 128:1, 136:21,
137:1, 137:7, 159:21
finished [2] - 8:25, 29:16
finite [3] - 44:20, 78:21,
125:2
firm [5] - 4:21, 9:3, 9:7,
17:17, 17:18
firms [1] - 8:24
first [39] - 6:2, 14:4,
17:23, 18:24, 20:12,
26:19, 27:4, 27:10, 28:2,
28:22, 29:15, 31:21,
36:19, 39:11, 41:4,
41:13, 44:5, 47:11,
55:14, 62:11, 64:8,
67:11, 68:24, 73:18,
77:12, 77:13, 84:25,
88:21, 95:1, 104:13,
104:15, 112:21, 120:15,
120:20, 120:21, 123:3,
128:4, 129:6, 140:6
fish [1] - 81:4
FISHER [1] - 1:10
fit [1] - 96:19
fits [1] - 56:5
five [36] - 95:22, 100:14,
100:15, 101:1, 101:7,
106:8, 121:20, 122:23,
123:5, 128:6, 143:15,
143:17, 148:12, 149:3,
153:6, 153:13, 153:17,
157:23, 158:5, 158:23,
159:14, 160:16, 160:19,
160:23, 161:1, 161:10,
161:14, 161:19, 161:20,
161:22, 161:24, 164:6,
166:23, 168:25, 169:2,
169:6

189
five-minute [1] - 128:6
five-year [2] - 166:23,
169:2
fixed [2] - 99:12, 173:13
flat [1] - 70:2
flip [1] - 156:7
floating [2] - 44:3, 61:12
flow [39] - 16:5, 16:8,
18:1, 18:15, 18:18,
18:20, 18:23, 18:24,
19:2, 19:15, 19:19,
20:10, 20:13, 20:14,
20:16, 46:22, 49:7,
50:19, 51:6, 57:8, 73:19,
73:24, 74:2, 74:4, 74:21,
74:23, 75:4, 75:6, 75:11,
75:16, 75:25, 76:2, 77:6,
84:25, 85:9, 119:12,
119:19, 120:1, 120:10
flowed [1] - 48:11
flowing [3] - 19:16,
46:16, 85:1
flows [1] - 20:3
fluid [1] - 51:22
FLUTe [45] - 101:12,
101:13, 101:14, 101:23,
102:2, 102:13, 102:20,
102:25, 104:5, 104:9,
104:13, 104:16, 104:21,
105:8, 105:10, 105:13,
105:20, 106:2, 143:20,
143:24, 144:1, 144:9,
144:10, 144:12, 144:16,
144:25, 145:5, 145:17,
145:21, 145:24, 146:6,
146:10, 146:22, 147:18,
148:25, 150:14, 150:16,
150:19, 151:4, 151:14,
151:15, 151:17, 152:19,
153:1, 154:25
FLUTes [1] - 146:24
flux [1] - 133:19
FLW)(LHG [1] - 1:2
focus [2] - 8:5, 57:11
focused [1] - 84:5
focusing [1] - 13:16
follow [3] - 20:22, 121:7,
123:19
followed [2] - 31:10,
112:18
FOLLOWING [1] - 3:8
follows [1] - 6:3
FOR [1] - 1:1

forces [1] - 70:3
foregoing [1] - 177:6
forever [2] - 135:8,
135:13
form [6] - 14:7, 27:1,
59:5, 86:15, 127:16,
175:3
format [1] - 72:5
Formation [1] - 111:20
formed [1] - 91:3
forming [1] - 117:17
forms [1] - 34:10
formula [5] - 22:11, 51:6,
51:7, 51:9, 51:12
formulas [1] - 50:23
forth [3] - 140:18,
141:10, 177:9
forward [4] - 94:5,
164:15, 165:2, 167:21
foundation [6] - 79:11,
79:12, 79:14, 79:16,
79:20, 114:14
four [8] - 17:1, 27:4,
31:12, 31:13, 120:21,
128:25, 149:3, 153:14
four-year [1] - 128:25
fracture [12] - 15:9,
16:11, 20:21, 52:2, 52:4,
52:9, 52:17, 52:20, 73:5,
73:7, 73:10, 142:14
fractured [15] - 14:21,
14:23, 15:5, 15:15,
15:19, 15:25, 20:9,
51:18, 53:1, 53:9, 53:25,
54:13, 54:16, 66:24,
73:4
fractures [13] - 14:16,
14:19, 15:6, 15:12,
15:21, 16:7, 16:18,
20:14, 20:15, 52:5,
52:23, 54:20, 55:2
framework [2] - 139:4,
140:16
Franklin [1] - 106:23
FREDA [1] - 1:12
free [2] - 115:1, 129:17
French [1] - 51:4
frequency [1] - 167:22
frequently [1] - 126:5
fringe [2] - 13:13, 61:13
front [1] - 89:5
fuel [1] - 22:16
full [4] - 6:16, 6:20,

138:24, 164:24
fully [5] - 137:13, 138:4,
138:21, 142:25, 151:22
funds [3] - 126:12, 157:1,
164:21
furthest [1] - 84:16
future [7] - 32:18, 32:23,
92:4, 134:15, 166:12,
167:15, 169:18
G
gaps [6] - 17:11, 32:8,
32:10, 32:12, 32:15,
122:17
gas [7] - 9:7, 23:6, 36:25,
45:14, 51:24, 64:19,
116:25
gasoline [88] - 11:16,
12:9, 16:2, 22:5, 22:6,
22:8, 22:9, 22:10, 22:19,
22:22, 22:25, 23:1, 23:3,
23:5, 23:8, 23:14, 25:1,
25:21, 25:25, 28:5,
33:12, 34:17, 34:18,
34:19, 35:5, 35:20, 36:2,
36:6, 36:25, 37:22,
37:25, 38:6, 38:17, 40:5,
42:15, 42:16, 42:19,
42:23, 42:25, 43:6,
43:13, 43:17, 43:22,
43:24, 44:2, 44:5, 44:10,
44:12, 44:14, 44:17,
44:20, 44:21, 44:22,
45:3, 45:10, 45:14,
46:16, 47:1, 49:6, 51:15,
51:18, 51:25, 52:3, 52:9,
52:16, 52:17, 52:19,
52:21, 52:22, 53:6, 53:7,
54:23, 54:24, 54:25,
55:1, 61:16, 63:5, 64:20,
64:24, 65:2, 65:4, 65:6,
65:9, 65:19, 71:23,
107:9
gather [2] - 41:2, 65:14
gathered [1] - 40:21
GENERAL [1] - 1:19
General [1] - 4:17
general [11] - 15:21,
18:8, 41:9, 41:18, 50:2,
50:21, 72:12, 75:10,
83:13, 114:25, 119:22
generally [11] - 6:15,
12:5, 19:18, 38:16,

43:19, 45:13, 85:7,
98:11, 102:4, 103:21,
120:5
gentleman [2] - 51:3,
104:10
geographic [1] - 67:16
geographically [1] 146:18
geography [1] - 8:4
geologic [8] - 14:1, 14:3,
14:12, 34:2, 69:25,
70:10, 70:11, 70:13
geological [1] - 13:24
geologically [1] - 146:18
geology [1] - 68:16
geomorphology [1] - 8:5
Getty [2] - 47:24, 48:16
given [4] - 38:7, 118:17,
124:15, 160:15
glacial [3] - 14:10,
111:14, 111:16
global [2] - 9:6, 9:9
goal [7] - 29:25, 30:24,
40:16, 55:15, 59:25,
61:23, 82:11
goals [1] - 40:7
GOODWIN [1] - 2:10
Goodwin [1] - 5:2
GOTSHAL [1] - 2:5
Gotshal [1] - 4:22
government [7] - 9:22,
26:4, 26:5, 28:10, 28:19,
28:22, 29:9
governmental [1] - 9:21
grade [1] - 23:2
gradient [4] - 19:10,
19:12, 116:11, 141:19
graduate [1] - 8:25
grain [1] - 111:14
grained [1] - 14:11
grains [1] - 13:3
granular [3] - 80:25,
81:9, 99:7
granules [1] - 81:5
graph [1] - 72:8
graphic [1] - 52:25
gravel [1] - 111:15
gravels [1] - 14:5
greater [4] - 95:2, 98:12,
102:9, 173:3
GREINER [1] - 2:7
Greiner [1] - 4:24
ground [6] - 12:24,

190
45:16, 64:2, 81:2, 81:3,
111:12
groundwater [163] - 9:1,
9:24, 10:17, 13:9, 13:21,
15:22, 16:5, 16:8, 17:13,
17:15, 18:1, 18:7, 18:13,
18:18, 18:20, 18:23,
19:6, 19:7, 19:9, 19:15,
19:16, 19:19, 19:20,
19:25, 20:13, 20:14,
20:16, 21:2, 21:3, 21:21,
21:24, 22:2, 23:15,
23:17, 23:25, 24:4,
27:10, 27:19, 27:21,
30:8, 30:20, 31:6, 32:5,
34:2, 34:22, 34:25, 35:6,
35:16, 36:23, 37:2, 37:5,
37:8, 37:11, 37:13,
37:14, 37:18, 37:19,
38:11, 38:12, 39:5, 40:2,
40:10, 40:18, 41:24,
43:5, 44:3, 44:6, 44:23,
45:19, 45:20, 45:22,
45:23, 46:4, 46:22,
48:22, 48:24, 49:7, 50:2,
50:11, 50:16, 50:19,
50:21, 50:22, 50:25,
51:1, 51:7, 51:8, 51:12,
52:21, 56:19, 56:25,
57:1, 57:2, 57:3, 57:7,
57:18, 57:20, 58:3, 58:7,
59:14, 60:2, 61:12, 62:3,
62:10, 62:14, 62:22,
63:1, 71:6, 72:23, 73:19,
73:24, 73:25, 74:1, 74:2,
74:4, 74:21, 75:4, 75:6,
77:6, 79:1, 80:13, 80:19,
81:13, 81:18, 82:1,
84:25, 85:1, 85:9, 90:6,
90:7, 90:9, 90:10, 93:15,
95:7, 103:17, 116:13,
116:14, 117:12, 118:5,
118:10, 119:10, 119:12,
119:14, 119:17, 120:10,
120:13, 124:11, 124:16,
125:2, 125:5, 136:19,
141:14, 141:15, 141:19,
141:22, 154:20, 162:11,
162:19, 168:19
growing [1] - 12:25
guidance [2] - 107:17,
171:23
guide [1] - 108:22

guidelines [1] - 24:8
Gulf [23] - 2:11, 5:3,
106:19, 110:8, 110:10,
116:11, 116:15, 116:16,
117:1, 117:4, 117:16,
117:18, 117:21, 118:18,
119:18, 121:7, 122:3,
122:10, 124:19, 124:20,
125:15, 125:19, 126:3
guys [1] - 45:8
Gwen [1] - 4:16
GWEN [1] - 1:19
H
half [1] - 155:9
hand [1] - 42:6
handing [1] - 160:7
handled [1] - 9:11
handout [1] - 42:6
hands [1] - 119:1
hard [2] - 58:11, 99:12
hardly [1] - 36:20
head [8] - 20:1, 20:2,
20:4, 20:5, 50:11, 97:5,
97:25, 147:24
heading [1] - 88:1
heads [1] - 147:8
health [2] - 29:23, 88:12
hear [1] - 35:1
HEARING [1] - 1:4
hearing [6] - 5:8, 5:13,
47:24, 147:8, 147:14,
168:7
held [1] - 8:23
help [2] - 33:8, 72:19
helped [2] - 162:10,
162:18
helpful [2] - 47:18,
150:18
hence [1] - 94:15
Henri [1] - 51:3
Henry's [1] - 37:10
hereby [1] - 177:5
hereinbefore [1] - 177:8
HERRMANN [1] - 1:16
Herrmann [1] - 4:14
HESS [1] - 1:7
high [24] - 19:25, 20:1,
35:9, 47:10, 57:8, 62:20,
62:25, 63:9, 80:1, 88:5,
88:19, 89:9, 89:18,
90:19, 103:21, 104:7,

116:5, 116:12, 117:11,
118:3, 122:2, 142:13,
172:4
higher [8] - 15:12, 19:21,
40:11, 79:2, 122:20,
127:6, 132:23, 171:14
highest [1] - 78:7
highly [4] - 35:4, 36:19,
84:11, 85:9
hill [6] - 19:11, 20:18,
20:19, 20:21, 50:13
hired [1] - 129:21
historical [2] - 112:15,
113:10
historically [6] - 70:1,
77:2, 83:20, 85:3,
115:15, 132:23
history [9] - 41:6, 41:7,
41:9, 41:11, 102:15,
103:13, 106:25, 107:8,
118:7
hit [1] - 159:20
hole [16] - 68:3, 94:11,
101:19, 101:21, 101:22,
102:5, 102:23, 103:4,
104:24, 105:12, 105:13,
144:2, 144:4, 144:14,
146:3
holes [5] - 82:17, 83:2,
94:13, 143:17, 146:5
home [1] - 81:8
honestly [1] - 152:20
Honor [39] - 4:9, 4:20,
4:23, 5:1, 5:19, 6:6,
6:19, 7:3, 10:7, 10:12,
10:20, 11:2, 36:9, 45:4,
47:18, 48:18, 64:3,
79:10, 79:20, 97:8,
106:11, 106:22, 107:10,
108:6, 108:15, 108:21,
123:18, 128:1, 128:5,
129:11, 138:7, 139:22,
146:20, 147:12, 157:13,
157:19, 168:1, 174:1,
174:24
HONORABLE [1] - 1:12
hope [2] - 103:12, 161:17
hopefully [1] - 162:15
hoping [2] - 6:18, 161:23
horizontal [1] - 14:18
horizontally [1] - 70:2
House [2] - 12:15, 12:18
house [1] - 98:10

hundred [1] - 54:11
hundreds [3] - 36:11,
59:19, 103:25
hunt [1] - 7:1
hydraulic [2] - 20:1, 20:2
hydrocarbons [4] - 36:1,
36:7, 36:14
hydrogen [2] - 36:13,
63:16
hydrogeologic [2] 46:22, 122:8
hydrogeological [2] 111:8, 120:10
hydrogeology [4] 17:25, 73:3, 73:24,
111:6
hydrologist [1] - 7:19
hydrology [6] - 7:22, 8:5,
8:9, 10:17, 19:24, 34:3
I
ideal [1] - 135:6
identical [5] - 12:1,
24:21, 25:3, 26:13,
113:6
identification [4] - 6:9,
140:2, 149:19, 152:8
Identification [1] 176:10
identifications [1] 141:17
identified [15] - 17:10,
23:13, 47:10, 47:11,
48:12, 68:24, 71:20,
112:1, 112:5, 112:15,
116:10, 146:15, 148:10,
151:13, 170:15
identifies [1] - 141:16
identify [8] - 16:15, 32:8,
32:10, 32:13, 33:25,
105:19, 141:13, 167:20
identifying [2] - 27:5,
122:17
ignorance [1] - 147:10
Illinois [1] - 16:4
illustration [1] - 48:24
imagine [1] - 49:12
immediately [4] - 80:2,
80:3, 80:16, 143:23
impact [5] - 34:21, 72:23,
73:13, 142:15, 155:5
impacted [6] - 26:3,
27:11, 27:15, 49:13,

191
57:5, 75:19
Imperial [5] - 8:8, 8:10,
8:14, 8:16, 8:22
implement [6] - 29:11,
31:14, 59:5, 88:14,
126:12, 155:19
implementability [5] 24:10, 24:12, 88:13,
89:13, 89:19
implementation [4] 25:19, 88:15, 88:16,
173:6
implemented [16] 11:17, 17:11, 32:14,
32:21, 40:9, 41:12,
54:21, 72:15, 89:15,
89:20, 89:23, 90:23,
124:23, 132:17, 134:20,
162:12
implementing [5] 26:16, 78:12, 126:11,
154:23, 171:4
implements [1] - 45:2
implications [1] - 55:4
importance [1] - 79:3
important [13] - 18:16,
18:20, 28:18, 30:24,
31:1, 32:9, 34:15, 37:6,
41:7, 41:8, 58:15, 58:16,
109:2
imposed [2] - 29:8,
135:14
improve [1] - 65:4
impurity [1] - 28:8
IN [1] - 3:9
in-situ [6] - 53:18, 53:20,
53:22, 62:6, 62:8, 63:6
inadvertently [1] 119:12
inappropriate [1] 107:18
Inc [1] - 2:11
include [10] - 46:9,
90:25, 95:15, 109:6,
115:20, 118:15, 119:20,
140:24, 165:10, 168:7
included [9] - 88:2, 88:3,
113:14, 124:4, 153:16,
163:18, 164:17, 164:24,
166:22
includes [1] - 161:19
including [8] - 12:8,
44:25, 65:15, 65:19,

112:6, 115:24, 140:25,
141:18
inconsistent [1] - 156:18
incorrect [1] - 129:12
increased [1] - 50:22
independently [2] 155:25, 156:12
indicate [4] - 31:9, 32:7,
56:16, 75:25
indicated [7] - 17:22,
20:11, 57:13, 59:13,
71:25, 117:3, 133:6
indication [4] - 8:13,
43:8, 43:10, 171:21
individual [15] - 56:17,
74:20, 82:23, 85:24,
86:1, 94:23, 104:23,
121:13, 143:8, 145:4,
145:6, 145:18, 146:5,
146:8, 146:14
industries [1] - 23:8
industry [3] - 25:1,
25:12, 41:24
inference [2] - 19:22,
30:13
inferred [2] - 18:24,
19:13
information [35] - 16:12,
17:7, 17:9, 17:21, 17:23,
18:2, 19:14, 26:20,
26:25, 31:11, 31:15,
33:1, 33:5, 33:7, 33:9,
33:17, 33:20, 33:22,
33:24, 34:5, 40:21,
41:10, 50:24, 60:1,
77:10, 86:6, 90:12,
107:14, 107:25, 108:13,
112:1, 119:7, 127:11,
147:17, 155:9
infrastructure [2] - 9:9,
89:3
inherent [1] - 171:3
initial [8] - 23:22, 85:16,
98:4, 111:12, 128:17,
132:6, 132:14, 140:8
inject [1] - 63:8
injected [1] - 62:9
injecting [5] - 49:18,
60:6, 60:9, 61:1, 63:15
injection [3] - 49:17,
61:6, 62:12
injects [1] - 63:7
innovative [1] - 101:14

inquired [1] - 5:12
inquiry [1] - 48:6
insert [3] - 64:16, 107:6,
144:5
install [15] - 47:1, 67:24,
68:4, 81:21, 82:17,
135:18, 146:14, 156:1,
156:19, 156:20, 156:24,
164:6, 165:24, 166:11,
166:16
installation [4] - 99:5,
99:7, 135:24, 165:21
installed [55] - 19:5,
42:23, 47:9, 65:12,
66:14, 67:25, 74:11,
74:12, 74:16, 75:3,
81:25, 83:20, 96:4,
103:12, 103:22, 103:23,
104:6, 110:7, 110:8,
120:23, 122:15, 123:3,
125:19, 125:24, 126:3,
130:8, 136:3, 138:4,
138:21, 139:7, 139:12,
142:1, 142:7, 142:12,
143:1, 143:2, 143:23,
144:16, 150:10, 150:14,
150:20, 151:1, 151:23,
152:15, 152:19, 153:1,
153:7, 154:1, 154:4,
154:18, 155:1, 155:8,
156:2, 163:9, 163:21
installing [11] - 48:10,
82:4, 88:25, 89:2,
103:20, 144:20, 145:4,
145:18, 146:8, 153:16,
153:22
instances [1] - 150:12
instead [3] - 78:24,
78:25, 104:21
institutions [1] - 8:18
intended [3] - 51:20,
103:11, 141:13
intent [3] - 61:5, 141:13,
141:21
intercept [6] - 49:14,
52:19, 54:3, 54:6, 63:22,
76:14
intercepted [3] - 52:3,
73:6, 142:14
intercepts [3] - 52:17,
76:16, 76:21
interconnected [3] 14:20, 52:5, 54:20

interconnection [1] 15:2
interested [1] - 177:14
intermediate [2] - 116:6,
120:3
interrupt [2] - 10:2, 45:9
interrupted [1] - 45:5
intersection [1] - 66:9
intersects [1] - 15:11
interval [1] - 104:24
intervals [2] - 84:21,
163:7
introduce [1] - 103:16
introduced [1] - 64:24
introducing [1] - 53:21
investigate [2] - 11:22,
105:6
investigated [3] - 45:18,
68:23, 145:8
investigating [1] - 115:9
investigation [44] 11:18, 25:19, 26:16,
32:20, 32:22, 32:23,
33:3, 41:6, 41:11, 41:13,
47:14, 72:7, 74:10,
76:18, 80:5, 82:10,
82:11, 82:15, 82:25,
83:10, 83:13, 84:6,
86:21, 87:14, 92:6, 98:3,
116:4, 122:16, 126:11,
129:22, 132:4, 133:4,
136:14, 139:20, 140:8,
140:14, 142:1, 142:9,
142:20, 144:17, 145:14,
167:4, 167:10, 173:5
investigations [3] 17:11, 26:21, 145:15
investigative [2] - 26:17,
26:18
invited [1] - 12:18
involve [1] - 9:19
involved [2] - 48:8, 135:7
involves [2] - 121:18,
123:24
iota [1] - 109:9
irrelevant [1] - 89:16
irrespective [1] - 165:2
IS [1] - 3:8
issue [7] - 53:22, 91:20,
91:23, 95:25, 129:12,
167:24, 173:17
issued [5] - 128:22,
132:6, 133:14, 158:2,

192
164:10
issues [8] - 91:25,
112:20, 138:14, 148:7,
148:22, 157:9, 173:1,
173:4
it' [1] - 52:2
item [6] - 27:4, 97:4,
97:20, 99:7, 99:11,
100:21
items [7] - 31:12, 41:17,
93:22, 99:2, 99:5, 99:9,
99:19
itself [10] - 27:3, 27:10,
37:2, 42:20, 62:22, 67:4,
83:19, 89:4, 117:21,
169:8
J
January [1] - 128:19
JANUARY [1] - 1:5
Jersey [24] - 4:11, 4:14,
4:17, 4:19, 13:22, 14:2,
14:13, 14:23, 28:15,
30:3, 30:10, 39:6, 39:23,
40:1, 45:17, 64:13,
64:16, 106:24, 107:6,
111:22, 129:10, 129:20,
156:25, 177:5
JERSEY [3] - 1:1, 1:4,
1:18
job [2] - 68:7, 69:15
Judge [1] - 169:1
judgment [2] - 109:10,
151:8
July [2] - 77:23, 112:23
justified [1] - 133:1
K
Kankakee [1] - 16:4
Kaplan [24] - 114:3,
114:7, 114:9, 114:11,
115:4, 116:1, 116:4,
117:2, 118:20, 119:1,
119:5, 119:21, 122:16,
123:17, 123:24, 125:7,
125:8, 125:14, 125:24,
126:2, 126:9, 126:14,
126:18, 127:3
Kaplan's [1] - 127:17
Kaufman [1] - 4:13
KAUFMANN [5] - 1:17,
4:13, 129:11, 138:7,

147:10
keep [1] - 111:9
key [6] - 19:19, 19:24,
55:6, 73:2, 85:20,
113:16
kicker [1] - 170:25
kind [3] - 29:11, 53:13,
67:10
kinds [1] - 168:7
Kingdom [1] - 8:4
Kings [1] - 8:3
Kleinfelder [2] - 139:24,
140:5
Knopf [1] - 4:14
KNOPF [1] - 1:16
knowledge [1] - 139:10
known [1] - 23:9
knows [1] - 131:2
Komex [1] - 9:5
L
lab [3] - 113:1, 115:19,
115:22
labeled [2] - 68:20, 69:4
laboratory [2] - 30:12,
30:16
labs [2] - 39:14, 115:20
lack [1] - 38:4
laid [1] - 53:12
lake [1] - 27:18
land [1] - 34:7
large [14] - 9:6, 14:25,
18:11, 19:1, 21:11,
27:15, 36:15, 38:3, 43:3,
99:2, 116:18, 116:19,
144:4, 172:19
larger [6] - 38:5, 38:18,
43:8, 105:13, 146:3,
172:3
largest [1] - 23:4
last [8] - 57:9, 63:19,
70:21, 110:23, 155:8,
170:4, 170:11, 170:20
late [1] - 65:2
latest [3] - 114:3, 152:11,
169:15
law [1] - 4:21
lawyers [1] - 174:18
lay [1] - 79:19
layer [6] - 74:21, 74:22,
75:15, 75:24, 76:2,
103:2

layered [1] - 69:11
layers [21] - 69:3, 69:4,
69:8, 69:20, 70:1, 70:4,
70:7, 74:1, 74:3, 74:12,
74:15, 82:18, 82:19,
82:22, 82:23, 83:4,
103:6, 103:8, 151:7,
151:13, 151:16
layman [1] - 111:10
lays [2] - 172:5, 172:7
leading [1] - 114:15
leak [2] - 44:19, 51:25
leaking [2] - 44:19, 51:25
learned [1] - 72:13
least [6] - 39:1, 41:18,
42:10, 140:22, 158:5,
160:16
left [5] - 15:11, 52:10,
64:15, 78:17, 107:3
legal [7] - 119:6, 126:21,
129:11, 138:24, 148:1,
166:8, 167:23
legally [1] - 164:19
Lender [2] - 4:21, 176:6
LENDER [38] - 2:6, 4:20,
10:24, 47:18, 79:10,
79:14, 128:5, 128:16,
129:24, 138:18, 138:19,
139:22, 140:3, 146:20,
146:23, 147:4, 147:7,
147:22, 148:5, 148:11,
149:13, 149:21, 150:1,
152:9, 152:22, 156:6,
157:13, 157:18, 157:20,
159:2, 159:7, 159:8,
161:12, 168:1, 168:10,
168:12, 174:1, 174:21
lengthy [2] - 113:15,
168:5
LEONARD [1] - 1:17
Leonard [1] - 4:13
less [8] - 105:14, 105:16,
145:25, 146:7, 170:22,
173:11, 173:12, 173:15
letting [1] - 59:22
level [19] - 19:20, 28:19,
29:2, 29:3, 29:24, 29:25,
30:10, 30:11, 30:13,
39:25, 59:18, 59:24,
65:7, 74:20, 81:12,
101:15, 122:20, 144:21,
144:23
levels [12] - 19:8, 28:23,

30:1, 35:9, 40:15, 75:24,
80:1, 103:24, 104:7,
118:4, 120:11, 122:3
licensed [4] - 129:6,
129:7, 129:13, 129:19
LIFLAND [1] - 1:16
Lifland [1] - 4:14
Light [1] - 42:13
likely [8] - 84:11, 85:9,
85:13, 86:11, 90:12,
99:2, 134:9, 161:21
limit [5] - 30:15, 30:17,
32:11, 32:16, 39:16
Limited [2] - 2:11, 5:3
limited [7] - 30:15, 39:14,
48:5, 82:12, 126:2,
171:11, 171:12
limiting [2] - 72:22, 92:8
limits [1] - 155:22
line [9] - 12:24, 68:9,
87:7, 97:20, 99:7, 99:9,
99:11, 99:19, 99:20
linear [1] - 52:8
lines [3] - 51:19, 67:13
Liquid [1] - 42:14
liquor [1] - 66:21
Liquor [1] - 71:21
list [10] - 27:4, 31:11,
31:18, 37:4, 40:21,
57:14, 85:21, 86:3, 90:3,
97:1
listed [5] - 42:11, 63:19,
88:4, 89:21, 90:13
listing [2] - 33:21, 114:4
literally [10] - 35:8,
45:21, 46:25, 53:1, 61:1,
63:2, 65:6, 74:5, 81:11,
103:16
literature [1] - 49:3
litigation [1] - 45:1
Livingston [66] - 48:7,
48:13, 64:8, 64:12,
65:11, 66:8, 66:18,
66:20, 67:6, 67:18,
67:20, 68:13, 70:12,
70:16, 70:25, 71:8,
71:13, 71:16, 71:23,
76:10, 77:3, 82:14,
83:12, 83:22, 84:13,
84:17, 85:6, 85:10,
85:12, 86:16, 87:16,
87:18, 118:12, 128:4,
128:18, 129:2, 130:9,

193
130:13, 131:19, 131:24,
132:6, 132:20, 132:22,
132:24, 133:2, 133:6,
133:13, 133:18, 135:21,
136:21, 137:1, 137:7,
137:21, 139:19, 140:5,
142:24, 143:20, 152:15,
152:23, 162:1, 162:10,
163:3, 172:11, 172:12,
174:18
LLP [3] - 1:16, 2:5, 2:10
LNAPL [8] - 42:11,
42:13, 43:12, 44:15,
45:3, 62:1, 62:19, 62:25
loading [1] - 78:25
local [2] - 34:6, 99:12
located [7] - 53:15,
77:24, 106:23, 111:11,
150:16, 150:17, 153:4
location [25] - 14:21,
34:1, 47:3, 47:9, 49:13,
64:17, 64:25, 74:16,
76:9, 84:24, 96:1, 104:6,
107:5, 107:8, 110:3,
117:11, 121:4, 148:9,
149:5, 151:15, 153:12,
153:13, 154:19, 154:23,
163:17
locations [26] - 18:11,
74:15, 83:4, 83:8, 83:9,
84:20, 95:13, 105:3,
108:1, 125:22, 136:1,
141:16, 144:3, 144:14,
146:15, 148:13, 148:14,
148:15, 148:17, 150:8,
150:14, 151:4, 151:15,
156:1, 163:2, 163:10
London [3] - 8:4, 8:8,
8:10
long-term [1] - 88:21
look [22] - 40:14, 46:20,
51:20, 52:10, 67:11,
67:17, 68:8, 75:13,
75:23, 86:16, 108:4,
113:3, 114:23, 119:10,
124:18, 135:15, 152:2,
152:6, 152:18, 164:20,
166:18, 171:24
looked [5] - 67:12, 71:2,
81:4, 126:14, 172:12
looking [7] - 46:4, 59:25,
90:5, 105:23, 124:25,
146:21, 154:16

looks [1] - 99:10
loose [1] - 14:7
low [13] - 15:10, 20:1,
30:16, 38:15, 39:14,
59:22, 60:16, 88:4,
88:19, 89:12, 89:13,
90:3, 112:24
lower [9] - 20:2, 37:21,
59:8, 65:5, 103:3, 116:6,
123:8, 127:1, 133:7
lowering [1] - 88:11
lowers [1] - 21:3
lowest [1] - 101:9
LSRP [52] - 129:3, 129:6,
129:13, 129:18, 129:19,
129:25, 134:16, 136:8,
136:17, 136:22, 137:2,
137:4, 137:9, 137:11,
137:12, 137:19, 138:5,
138:22, 139:9, 139:14,
139:18, 140:14, 141:24,
143:16, 147:2, 147:12,
147:20, 147:24, 150:20,
151:1, 151:8, 151:20,
152:18, 152:25, 153:22,
153:25, 155:13, 155:25,
156:8, 156:9, 156:11,
157:5, 159:24, 163:21,
164:10, 164:22, 165:20,
166:11, 167:3, 167:5,
167:11
LSRP's [1] - 137:25
luncheon [1] - 92:13
M
magnitude [3] - 31:23,
77:8, 77:9
main [3] - 66:9, 111:21,
157:21
maintain [1] - 103:5
maintenance [2] - 88:24,
89:8
major [1] - 16:2
majority [10] - 8:21,
11:13, 13:19, 14:16,
33:4, 36:6, 66:7, 68:1,
72:14, 134:8
MANGES [1] - 2:5
Manges [1] - 4:22
manner [1] - 147:20
map [6] - 64:16, 67:10,
67:12, 76:8, 107:6,
150:8

mapped [1] - 67:16
March [5] - 139:17,
140:9, 140:10, 167:4,
167:7
MARK [1] - 2:10
mark [3] - 139:22,
149:14, 149:16
Mark [1] - 5:2
marked [5] - 64:9, 68:13,
140:1, 149:18, 152:7
marking [1] - 7:4
massive [3] - 61:23,
78:21, 125:3
Masters [1] - 8:9
material [5] - 10:8, 14:11,
14:12, 36:16, 119:24
materials [4] - 14:1, 14:3,
15:16, 53:12
mathematical [2] 50:23, 51:6
MATTER [1] - 3:10
matter [8] - 12:2, 12:13,
24:21, 42:22, 43:24,
47:5, 55:18, 55:23
matters [3] - 24:17,
56:17, 109:5
maximum [10] - 29:2,
29:24, 77:2, 77:14,
77:17, 77:19, 113:18,
113:20, 114:3, 121:1
MCL [2] - 29:3, 29:20
MCLG [1] - 29:25
MCLs [3] - 29:4, 29:18,
39:25
mean [9] - 20:4, 42:15,
45:25, 58:2, 103:19,
107:21, 146:17, 146:18,
162:23
meaning [1] - 143:11
means [7] - 89:16, 95:12,
98:1, 126:10, 133:18,
134:1, 147:9
meant [1] - 162:25
measure [6] - 19:7,
19:20, 20:12, 42:19,
43:12, 58:3
measured [2] - 42:24,
43:22
measurements [4] 19:9, 19:10, 65:15,
120:11
measuring [2] - 19:11,
50:10

media [1] - 80:25
medium [4] - 88:5, 88:19,
89:7, 89:18
mentioned [16] - 20:23,
28:2, 31:21, 34:1, 39:10,
49:25, 63:20, 72:24,
82:8, 126:16, 141:7,
144:1, 144:22, 150:12,
170:1, 170:20
mentions [1] - 12:15
menu [3] - 99:2, 99:5,
99:11
mergers [1] - 9:11
method [1] - 11:21
methodologies [6] 11:25, 12:3, 12:6, 24:21,
25:23, 102:22
methodology [9] - 24:20,
25:18, 26:11, 26:14,
27:3, 31:10, 73:21,
98:22, 113:12
methyl [1] - 28:3
microbes [1] - 37:21
microorganisms [1] 60:16
mid [1] - 37:24
middle [1] - 107:5
might [33] - 14:8, 20:21,
27:13, 32:2, 32:11, 34:8,
44:8, 46:12, 46:13,
53:18, 54:4, 54:6, 54:25,
57:3, 57:5, 57:7, 59:24,
71:7, 98:5, 99:6, 112:25,
130:4, 134:3, 134:10,
134:11, 134:14, 135:20,
156:8, 156:22, 161:25,
165:2, 172:25, 173:10
migrate [4] - 38:18, 46:7,
49:5, 117:16
migrated [2] - 47:8,
78:19
migrates [1] - 116:21
migrating [1] - 125:4
migration [5] - 73:12,
79:2, 116:25, 124:14,
133:23
mile [5] - 66:12, 66:19,
72:1, 72:18, 112:2
miles [2] - 19:3, 20:24
Miller [7] - 4:10, 10:3,
108:20, 152:4, 170:2,
170:16, 176:6
mILLER [1] - 127:25

194
MILLER [46] - 1:15, 1:15,
4:9, 5:15, 5:19, 5:21,
6:6, 6:11, 6:19, 7:3,
7:12, 7:16, 10:12, 10:13,
10:19, 11:6, 36:8, 44:1,
45:4, 45:8, 48:3, 48:18,
48:19, 64:3, 64:7, 79:19,
79:21, 93:11, 96:6, 97:8,
97:15, 98:21, 100:24,
102:24, 106:6, 106:15,
106:18, 106:21, 108:21,
109:8, 109:23, 110:1,
115:3, 123:23, 158:25,
174:24
millions [4] - 35:9, 35:15,
70:4, 116:17
mind [4] - 45:4, 116:24,
157:3, 162:9
minimum [1] - 161:22
minor [1] - 23:12
minute [4] - 24:15, 32:6,
128:6, 151:18
minutes [3] - 174:2,
174:4, 174:10
misrepresentation [1] 147:11
missed [1] - 128:2
MIT [2] - 8:17, 8:22
mitigation [1] - 29:11
mix [1] - 35:2
mixed [1] - 61:13
mixing [1] - 44:9
MNA [17] - 158:5,
158:17, 158:23, 159:13,
160:15, 160:19, 160:23,
161:14, 161:24, 167:15,
167:21, 168:13, 169:3,
169:5, 169:8, 169:9
Mobil [2] - 11:13, 54:9
model [4] - 41:20, 45:24,
46:19, 69:11
moment [2] - 165:20,
175:14
money [2] - 156:19,
173:18
monitor [10] - 19:7, 58:1,
58:2, 58:13, 74:19,
110:9, 131:3, 131:21,
151:6, 159:22
monitored [27] - 57:15,
57:17, 58:8, 58:21,
58:25, 59:7, 59:12,
59:17, 90:13, 91:17,

95:9, 100:25, 106:8,
121:20, 122:22, 151:11,
151:14, 152:14, 158:13,
158:16, 158:19, 159:10,
164:11, 166:2, 166:13,
167:21, 168:16
Monitoring [4] - 77:22,
114:7, 120:22, 152:25
monitoring [121] - 19:5,
26:22, 42:19, 42:22,
43:13, 47:2, 47:9, 48:10,
50:11, 58:4, 58:10,
58:12, 58:15, 65:12,
65:14, 66:13, 67:24,
68:17, 75:2, 77:19,
82:16, 82:17, 83:17,
83:21, 84:3, 84:14,
84:17, 91:24, 92:1, 94:9,
94:12, 94:24, 95:5,
95:11, 95:16, 95:24,
96:7, 99:6, 99:25, 100:1,
100:10, 100:11, 101:15,
103:24, 110:4, 110:6,
110:12, 110:14, 113:22,
113:24, 114:5, 115:4,
115:8, 120:24, 121:18,
122:11, 122:20, 122:25,
123:1, 123:5, 123:24,
124:1, 124:4, 125:21,
130:8, 130:24, 131:5,
131:10, 131:11, 131:16,
131:17, 131:18, 131:23,
132:1, 135:18, 136:3,
139:7, 141:25, 142:6,
142:12, 143:1, 150:9,
150:13, 150:15, 151:9,
151:23, 152:14, 153:13,
153:17, 154:14, 154:18,
155:4, 156:1, 156:19,
157:23, 157:24, 161:19,
162:8, 163:2, 163:14,
163:20, 163:22, 164:1,
164:2, 164:5, 164:15,
164:23, 164:24, 165:1,
165:13, 165:18, 165:21,
165:25, 166:1, 166:5,
166:13, 166:17, 166:23,
168:19, 168:20, 172:24
MONTAGUE [1] - 1:20
Montague [1] - 4:18
months [3] - 55:1,
139:18, 142:21
Monty [1] - 49:4

moot [2] - 134:24, 155:14
morning [17] - 4:8, 4:9,
4:20, 4:23, 5:1, 6:6,
7:17, 7:19, 12:4, 13:23,
17:2, 23:21, 45:19,
174:13, 174:14, 174:15,
175:10
most [28] - 20:19, 22:7,
22:12, 22:13, 22:14,
22:20, 22:21, 24:3, 29:9,
45:13, 48:22, 51:11,
60:7, 66:10, 77:17, 78:3,
78:6, 80:22, 101:8,
122:9, 124:20, 128:22,
129:1, 130:7, 135:5,
135:6, 150:12, 152:22
motion [7] - 57:12,
106:12, 107:16, 108:9,
108:15, 126:15, 154:11
motions [3] - 10:25,
160:9, 175:1
Mount [3] - 66:9, 71:1,
85:7
move [23] - 10:25, 13:6,
19:25, 21:15, 27:20,
35:25, 36:17, 37:1,
38:11, 41:16, 46:3, 46:6,
46:24, 47:4, 48:24, 55:2,
58:25, 62:14, 67:8,
106:19, 125:6, 148:4,
157:21
moved [1] - 16:9
movement [10] - 16:13,
35:23, 36:24, 38:12,
48:25, 50:19, 50:22,
57:21, 76:15, 119:20
moves [8] - 13:1, 18:8,
36:22, 38:19, 50:2, 50:6,
61:16
moving [8] - 14:19, 52:4,
82:23, 118:10, 119:14,
119:22, 119:24, 165:2
MR [101] - 4:9, 4:13,
4:18, 4:20, 4:23, 5:1,
5:15, 5:19, 5:21, 6:6,
6:11, 6:19, 7:3, 7:12,
7:16, 10:7, 10:12, 10:13,
10:19, 10:24, 11:2, 11:6,
36:8, 44:1, 45:4, 45:8,
47:18, 48:3, 48:18,
48:19, 64:3, 64:7, 79:10,
79:14, 79:19, 79:21,
93:11, 96:6, 97:8, 97:15,

98:21, 100:24, 102:24,
106:6, 106:11, 106:15,
106:18, 106:21, 107:10,
107:23, 108:21, 109:8,
109:19, 109:23, 110:1,
114:14, 114:17, 114:21,
115:3, 123:18, 123:23,
127:25, 128:5, 128:16,
129:11, 129:24, 138:7,
138:18, 138:19, 139:22,
140:3, 146:20, 146:23,
147:4, 147:7, 147:10,
147:22, 148:5, 148:11,
149:13, 149:21, 150:1,
152:9, 152:22, 156:6,
157:13, 157:18, 157:20,
158:25, 159:2, 159:7,
159:8, 161:12, 168:1,
168:10, 168:12, 174:1,
174:5, 174:21, 174:24,
174:25
MS [1] - 4:16
MTBE [124] - 9:15, 9:19,
9:21, 9:23, 10:1, 12:9,
12:16, 15:24, 16:13,
22:1, 22:7, 22:13, 22:25,
23:5, 23:9, 23:11, 23:14,
28:2, 28:8, 28:9, 28:12,
30:9, 34:14, 34:17, 35:4,
35:5, 35:8, 36:18, 37:11,
37:17, 38:6, 38:8, 38:10,
38:16, 39:8, 39:13,
39:17, 40:3, 40:12,
44:22, 47:4, 47:10,
48:11, 49:3, 49:21,
51:16, 52:7, 53:9, 54:3,
54:6, 55:5, 55:12, 59:15,
60:19, 61:3, 62:21, 63:1,
64:19, 64:23, 65:1,
65:15, 65:19, 65:21,
70:14, 70:19, 70:21,
70:24, 71:8, 71:23,
72:13, 72:15, 72:24,
73:6, 73:10, 77:3, 77:11,
77:19, 78:7, 80:19,
80:21, 81:12, 84:7,
84:15, 84:19, 84:20,
84:23, 85:3, 85:6, 85:13,
87:2, 87:7, 87:15, 96:9,
110:14, 112:8, 113:18,
114:3, 114:12, 115:18,
115:24, 116:1, 116:5,
116:13, 116:25, 118:9,

195
119:14, 119:20, 123:9,
124:4, 124:11, 124:15,
125:15, 127:1, 132:23,
133:13, 135:19, 142:13,
153:1, 169:17, 170:2,
170:8
MTBE's [2] - 32:4, 114:9
MTBEs [1] - 114:19
multi [4] - 101:15,
102:10, 144:21, 144:23
multi-level [3] - 101:15,
144:21, 144:23
multiphase [4] - 44:10,
63:2, 117:23, 118:3
multiphase's [1] - 62:17
multiple [16] - 53:6,
56:8, 59:24, 63:23,
74:16, 74:18, 94:11,
101:17, 101:20, 102:5,
102:22, 103:15, 125:21,
144:3, 144:14, 146:3
multiples [1] - 43:16
multiply [1] - 100:14
municipal [6] - 9:25,
14:25, 26:4, 27:15, 34:6,
76:12
must [1] - 29:7
MW-1 [1] - 120:22
MW-5 [2] - 113:23,
120:24
MY [1] - 3:9
N
name [2] - 94:15, 106:2
namely [2] - 86:18,
120:11
national [1] - 29:2
natural [54] - 36:24,
37:21, 57:15, 57:17,
57:24, 58:5, 58:8, 58:9,
58:17, 58:21, 59:1, 59:7,
59:12, 59:17, 59:22,
61:14, 69:19, 70:3,
70:11, 90:13, 91:18,
92:2, 95:6, 95:9, 100:25,
106:9, 120:1, 121:20,
122:22, 124:10, 130:12,
130:16, 130:17, 130:23,
130:24, 131:1, 131:4,
131:8, 131:11, 131:15,
158:13, 158:16, 158:19,
159:10, 159:21, 159:22,
161:7, 162:4, 162:6,

168:17, 168:20, 169:8,
169:9
naturally [2] - 22:2,
30:14
nature [6] - 61:3, 117:18,
118:17, 124:15, 133:17,
140:20
near [6] - 77:24, 90:18,
91:8, 150:14, 153:23,
163:10
near-site [1] - 90:18
nearby [1] - 34:3
nearest [2] - 71:9, 112:5
nearly [1] - 115:16
necessarily [2] - 8:11,
108:23
necessary [9] - 82:5,
132:14, 132:16, 134:3,
134:11, 137:13, 139:3,
148:2, 157:12
need [26] - 16:12, 32:17,
32:24, 73:19, 103:2,
109:12, 131:13, 138:4,
138:21, 139:7, 140:18,
140:20, 140:22, 142:7,
142:10, 143:1, 147:16,
151:14, 151:16, 156:3,
163:16, 172:18, 173:20,
174:3, 174:14, 174:16
needed [9] - 27:1, 95:5,
95:13, 133:8, 134:9,
151:22, 156:23, 157:2,
174:2
needs [9] - 32:10, 58:16,
91:11, 92:8, 97:11,
135:4, 140:24, 156:15,
167:19
negative [1] - 13:14
net [1] - 100:15
network [3] - 20:21,
52:9, 122:11
never [7] - 23:12, 113:6,
113:7, 139:11, 139:14,
146:10, 156:8
NEW [3] - 1:1, 1:4, 1:18
new [21] - 101:14, 104:9,
125:1, 126:17, 127:9,
127:11, 127:13, 127:16,
129:5, 135:9, 142:10,
142:12, 143:12, 148:15,
153:13, 154:14, 154:25,
155:4, 163:20, 164:5,
167:11

New [24] - 4:10, 4:14,
4:17, 4:19, 13:22, 14:2,
14:13, 14:23, 28:15,
30:3, 30:10, 39:6, 39:23,
40:1, 45:17, 64:13,
64:16, 106:24, 107:6,
111:22, 129:10, 129:20,
156:25, 177:5
next [33] - 5:22, 12:14,
12:19, 13:25, 16:19,
24:15, 26:6, 27:23,
34:13, 39:3, 41:16,
41:20, 45:24, 48:20,
51:13, 52:18, 53:7, 54:3,
55:9, 57:12, 66:2, 77:5,
92:14, 96:25, 110:2,
111:5, 111:23, 112:11,
121:16, 123:11, 157:21,
157:23, 164:6
NJ [1] - 1:11
NJDEP [4] - 156:22,
176:11, 176:12, 176:12
NO [1] - 1:2
non [4] - 81:16, 112:18,
112:25, 170:8
Non [1] - 42:14
Non-Aqueous [1] - 42:14
non-detect [4] - 81:16,
112:18, 112:25, 170:8
nondegradation [1] 30:2
none [1] - 121:24
normal [2] - 98:6, 105:1
normally [1] - 139:1
north [3] - 85:7, 153:7,
165:22
northeast [1] - 107:7
northern [1] - 152:22
northwest [7] - 67:19,
76:1, 76:4, 76:13, 76:15,
132:20
notably [1] - 22:14
note [1] - 114:2
NOTES [1] - 3:9
nothing [1] - 146:6
notified [1] - 97:9
November [1] - 128:18
nowhere [1] - 171:5
NPV [1] - 100:10
number [23] - 5:11,
36:12, 36:13, 36:15,
38:5, 56:9, 56:18, 60:2,
95:23, 101:9, 105:11,

107:11, 109:11, 114:5,
122:14, 122:20, 163:5,
163:25, 164:7, 167:2,
171:7, 171:18, 172:1
numbered [1] - 99:12
numbers [2] - 100:20,
146:1
numerous [3] - 11:19,
36:2, 145:15
O
objected [2] - 147:4,
147:6
objection [9] - 10:4,
10:10, 10:22, 79:10,
79:13, 109:23, 114:14,
138:7, 158:25
observed [1] - 43:22
obtain [1] - 149:6
obtained [5] - 119:7,
148:14, 148:18, 149:4,
173:13
obviously [23] - 31:16,
44:5, 71:11, 78:19, 84:9,
98:2, 99:19, 103:7,
117:10, 122:7, 133:21,
133:24, 142:15, 147:1,
155:3, 156:14, 161:6,
164:20, 166:15, 166:19,
172:23, 173:16, 173:22
occasion [1] - 130:4
occur [12] - 35:12, 54:8,
54:19, 57:20, 63:11,
79:24, 89:6, 103:12,
118:20, 130:23, 169:6,
173:4
occurred [7] - 72:6,
72:15, 78:2, 86:13,
86:14, 103:14, 132:5
occurrence [1] - 114:9
occurring [5] - 30:14,
131:3, 131:22, 132:3
occurs [5] - 45:22, 60:11,
70:12, 131:11, 131:12
octane [3] - 22:16, 65:3,
65:7
OF [5] - 1:1, 1:4, 1:18,
1:18, 3:9
off-site [21] - 17:12,
56:20, 57:3, 78:22, 79:2,
80:2, 81:21, 81:25,
82:10, 82:11, 82:12,
83:14, 90:14, 92:6,

196
117:11, 118:16, 121:19,
122:2, 122:11, 133:10,
147:18
off-the-record [3] - 5:17,
64:6, 175:15
offer [1] - 10:19
offered [1] - 162:21
Official [1] - 177:3
OFFICIAL [2] - 1:25, 3:15
offline [1] - 29:12
offset [1] - 70:5
often [11] - 18:14, 35:1,
44:6, 45:21, 59:20,
59:24, 74:17, 81:7, 98:7,
101:24, 115:10
oil [10] - 9:7, 11:9, 11:11,
25:1, 25:11, 33:1, 35:1,
35:3, 36:11, 64:25
Oil [4] - 2:8, 2:11, 5:3,
11:13
old [2] - 35:1, 113:7
OMM [1] - 88:23
on-and-off-site [1] 84:16
on-site [15] - 57:2, 79:3,
80:15, 82:2, 90:14,
90:18, 90:24, 93:15,
118:14, 124:18, 124:23,
158:3, 158:16, 159:25,
165:16
once [11] - 37:7, 37:11,
37:19, 57:19, 59:14,
64:1, 70:18, 83:18,
126:1, 146:10, 163:13
one [117] - 12:20, 12:25,
15:8, 15:9, 15:20, 16:6,
16:9, 16:15, 18:15,
19:18, 19:24, 20:12,
27:8, 30:5, 30:15, 31:16,
32:10, 32:25, 33:25,
34:23, 35:17, 37:23,
37:24, 38:17, 40:23,
40:24, 40:25, 41:16,
42:11, 46:18, 47:7,
49:11, 49:20, 51:2,
52:14, 53:2, 53:3, 53:5,
53:18, 54:4, 54:5, 54:10,
55:6, 55:18, 55:24,
55:25, 56:1, 56:5, 56:21,
56:22, 58:3, 58:16, 59:4,
59:14, 59:16, 59:23,
60:13, 60:19, 63:21,
71:3, 71:19, 72:22,

73:23, 75:5, 80:23,
82:20, 82:22, 84:25,
92:1, 97:4, 98:3, 98:8,
98:18, 99:6, 99:9, 99:19,
100:21, 101:21, 101:23,
101:24, 102:4, 102:12,
103:20, 104:7, 104:15,
109:8, 111:21, 112:2,
112:13, 112:20, 113:5,
117:13, 119:12, 121:19,
121:23, 123:11, 130:14,
131:2, 143:14, 144:2,
144:15, 148:2, 148:14,
148:19, 151:14, 151:18,
152:23, 153:15, 153:21,
155:9, 160:6, 169:19,
170:8, 172:24, 173:4,
175:13
ones [3] - 23:10, 146:23,
171:11
ongoing [16] - 92:1,
93:17, 93:19, 95:5,
117:20, 131:13, 131:14,
133:22, 133:25, 157:24,
158:20, 159:11, 164:2,
165:5, 165:18, 168:22
onsite [1] - 89:24
open [3] - 4:3, 93:3,
128:11
operate [2] - 165:16,
172:16
operated [1] - 81:15
operating [5] - 88:22,
88:23, 89:8, 107:9,
168:19
operation [4] - 88:24,
123:6, 158:20, 159:11
operational [1] - 41:9
opining [1] - 109:7
opinion [32] - 85:12,
86:9, 86:13, 86:15,
86:20, 86:23, 87:1,
87:11, 91:3, 91:19, 92:9,
105:21, 116:2, 116:24,
117:17, 119:23, 120:9,
124:12, 125:7, 125:9,
132:15, 135:17, 143:16,
157:21, 158:19, 159:5,
159:9, 160:15, 161:13,
161:17, 162:17, 169:1
opinions [29] - 11:5,
27:1, 32:16, 85:20, 86:3,
86:7, 109:4, 109:8,

109:15, 110:17, 116:8,
119:15, 127:15, 127:16,
127:19, 132:8, 132:10,
134:25, 135:16, 142:7,
142:11, 142:16, 155:1,
155:6, 156:18, 157:8,
157:11, 161:25
opportunity [1] - 174:20
opposed [1] - 90:14
opposition [3] - 108:9,
154:8, 154:10
option [1] - 137:24
oral [1] - 174:25
order [4] - 36:5, 95:23,
99:4, 173:17
organic [2] - 35:22,
81:10
orientation [3] - 15:20,
16:11, 20:15
oriented [1] - 16:7
original [7] - 16:22,
109:7, 124:9, 129:1,
130:6, 132:8, 132:18
originally [2] - 11:13,
22:15
orphan [1] - 126:9
otherwise [1] - 146:19
ourselves [1] - 92:8
outerbounds [1] 141:10
outside [1] - 112:4
outstanding [1] - 94:3
overall [5] - 20:16, 24:16,
26:7, 125:15, 136:15
overlying [1] - 37:14
overseeing [1] - 139:18
oversight [2] - 130:3,
139:1
own [7] - 9:4, 17:17,
21:12, 33:3, 81:7, 99:16,
115:5
ownership [1] - 146:18
owns [1] - 96:1
oxidation [3] - 49:19,
63:6, 63:10
oxidative [1] - 63:16
oxygen [14] - 49:17,
49:18, 53:21, 53:23,
60:6, 60:9, 60:14, 60:16,
61:1, 61:6, 62:9, 63:8,
65:6
oxygenate [8] - 22:8,
22:11, 22:18, 28:5, 28:7,

34:20, 65:3, 118:1
oxygenated [2] - 22:21,
61:2
oxygenates [5] - 22:12,
22:13, 22:14, 115:21,
115:23
P
p.m [1] - 175:16
package [1] - 115:21
page [9] - 5:22, 6:24,
6:25, 7:10, 42:5, 92:14,
140:6, 140:7, 154:13
pages [1] - 72:6
paid [1] - 164:12
pancake [4] - 44:7, 44:8,
52:7
paper [4] - 171:17,
171:20, 172:5, 172:7
papers [3] - 10:6, 101:11,
106:7
paragraph [2] - 154:13,
160:10
Parsons [3] - 9:3, 9:6,
9:8
part [40] - 9:14, 16:11,
19:23, 25:18, 31:12,
31:14, 32:19, 33:5,
39:17, 44:10, 44:11,
46:19, 47:5, 55:12,
58:24, 73:20, 74:10,
76:17, 82:3, 83:5, 88:7,
95:9, 97:2, 100:3, 101:5,
106:12, 107:14, 111:20,
111:22, 111:25, 115:21,
116:3, 122:15, 126:15,
136:11, 140:15, 142:1,
143:5, 145:13, 147:19
participating [1] - 5:8
particles [3] - 35:22,
36:21, 43:5
particular [32] - 6:24,
7:10, 24:5, 24:20, 28:1,
28:25, 30:7, 32:4, 32:10,
33:15, 34:12, 35:4,
41:15, 47:7, 64:18,
65:11, 65:25, 66:25,
77:10, 77:11, 79:25,
82:22, 91:13, 96:11,
96:12, 99:3, 103:2,
116:20, 133:22, 154:23,
169:4, 172:3
particularly [14] - 8:1,

197
9:22, 35:20, 36:1, 37:15,
43:20, 46:4, 65:21, 72:7,
85:2, 104:3, 112:17,
116:14, 174:10
particulars [1] - 68:11
parties [5] - 5:12, 110:7,
110:9, 110:11, 177:12
partition [4] - 37:12,
37:14, 61:15, 62:13
partly [1] - 145:7
Partnership [2] - 2:11,
5:3
parts [22] - 35:9, 35:15,
39:18, 40:3, 54:10,
59:15, 77:20, 78:4, 78:8,
91:16, 101:4, 103:25,
112:23, 113:20, 114:4,
116:17, 116:23, 117:6,
120:16, 120:17, 123:8
party [11] - 26:1, 26:2,
40:6, 40:9, 41:14, 45:2,
47:13, 48:12, 126:10,
129:21, 172:10
Passaic [1] - 111:20
passes [1] - 80:23
past [3] - 8:23, 79:7,
84:10
pathway [2] - 45:25, 46:7
Pause [1] - 42:8
pay [6] - 134:22, 137:14,
137:17, 142:18, 151:24,
164:14
paying [2] - 157:6, 165:7
PC [2] - 1:15, 2:7
PCE [5] - 115:9, 115:11,
115:13, 115:18, 115:23
PEARLMAN [1] - 1:16
penetrating [1] - 52:4
penetrations [1] - 130:19
people [3] - 48:23, 51:10,
81:7
per [25] - 35:9, 35:15,
39:17, 39:18, 40:3, 40:4,
54:10, 55:12, 59:15,
77:21, 78:4, 78:8,
100:13, 101:4, 101:5,
103:25, 112:23, 113:21,
114:4, 116:17, 116:23,
117:6, 120:16, 120:17,
123:8
perceived [1] - 29:23
percent [10] - 23:3,
29:10, 98:17, 100:20,

163:24, 170:25, 171:6,
171:18, 171:22, 172:1
percentage [6] - 22:25,
98:15, 171:14, 171:21,
172:3, 172:4
percentages [1] - 65:5
perchloroethylene [1] 115:10
perfectly [1] - 105:1
perform [1] - 95:5
performed [9] - 17:19,
32:24, 96:21, 101:3,
132:12, 133:5, 137:17,
145:14, 172:10
performing [3] - 16:3,
87:14, 98:2
perhaps [5] - 5:10,
13:25, 16:1, 27:17,
120:6
period [19] - 23:5, 54:23,
58:7, 70:19, 73:4, 89:6,
101:1, 105:7, 120:18,
124:22, 128:25, 130:6,
158:21, 158:23, 159:12,
159:13, 160:25, 166:23,
169:2
permeable [1] - 61:22
permission [1] - 106:16
permit [5] - 167:7,
167:14, 167:20, 168:5,
170:23
permitted [1] - 169:16
permitting [2] - 89:4,
97:5
peroxide [1] - 63:16
persist [3] - 38:14, 101:4,
117:14
persistence [1] - 38:21
persistent [1] - 37:17
persisting [1] - 38:21
persists [1] - 38:20
person [1] - 46:15
personally [1] - 7:4
perspective [1] - 111:8
pertinent [2] - 17:7, 41:5
Phase [1] - 42:14
phase [2] - 61:21, 62:15
photograph [1] - 66:4
phrase [2] - 130:2, 159:6
physical [4] - 62:12,
63:10, 63:17, 68:3
physically [2] - 80:20,
88:15

pick [1] - 99:10
picture [3] - 42:1, 52:13,
125:15
piece [3] - 135:9, 148:15,
171:20
piling [1] - 51:22
pipeline [3] - 11:20, 16:2,
16:5
piping [1] - 33:13
pit [2] - 52:2, 52:3
place [5] - 53:20, 88:21,
123:1, 160:16, 177:8
placed [2] - 83:17, 150:3
places [3] - 143:14,
148:25, 173:9
plaintiff [2] - 4:15, 6:2
Plaintiff's [2] - 64:9,
106:21
plaintiffs [1] - 107:24
Plaintiffs [2] - 1:6, 1:21
plaintiffs' [2] - 123:20,
154:10
plan [3] - 94:25, 121:5,
121:17
planned [1] - 160:13
planning [3] - 30:23,
142:4, 174:22
plans [2] - 154:14, 167:1
plant [2] - 89:3, 89:4
plants [1] - 23:10
Pleasant [3] - 66:9, 71:1,
85:7
plotted [1] - 113:10
plumage [1] - 49:5
plumbing [2] - 81:24,
89:2
plume [17] - 16:6, 16:8,
34:8, 34:9, 48:22, 49:3,
49:5, 49:19, 49:21,
51:16, 63:22, 73:13,
116:18, 116:25, 119:20,
133:17, 141:11
plumes [4] - 38:3, 38:6,
38:16, 48:24
plus [1] - 20:7
point [24] - 13:6, 19:21,
29:22, 31:2, 32:18, 36:2,
50:3, 50:4, 50:7, 56:18,
58:22, 58:24, 59:6,
59:10, 59:13, 69:2,
84:10, 84:16, 108:24,
109:14, 121:1, 157:10,
158:12, 158:15

pointed [1] - 108:7
points [9] - 50:2, 83:3,
95:24, 101:15, 108:10,
125:17, 141:17, 157:15,
165:25
Points [1] - 6:12
policy [1] - 138:8
pollutants [1] - 21:25
pollution [1] - 27:11
pond [1] - 112:6
poorly [1] - 38:13
population [1] - 22:21
pore [4] - 13:2, 13:7,
14:15, 61:17
pores [2] - 14:20, 15:3
porosity [1] - 14:15
port [1] - 102:10
portion [1] - 52:10
ports [6] - 101:20, 102:5,
102:6, 102:7, 102:23,
153:3
posed [3] - 85:22, 86:4,
151:25
poses [1] - 29:20
position [5] - 9:8, 96:3,
142:19, 156:21, 158:1
positions [1] - 8:23
possession [1] - 123:20
possibility [1] - 73:9
possible [3] - 111:10,
134:16, 173:10
postgraduate [1] - 8:7
potential [4] - 27:6, 37:8,
86:17, 169:12
potentially [3] - 31:24,
135:1, 169:10
Power [1] - 6:12
PowerPoint [5] - 64:10,
106:22, 108:21, 108:24,
149:23
PQL [6] - 30:18, 39:16,
39:20, 40:19, 81:16,
112:25
practical [5] - 21:20,
24:7, 24:13, 30:17,
39:16
pre [19] - 17:15, 21:21,
21:22, 21:23, 24:4, 30:4,
30:8, 31:8, 39:12, 40:18,
95:7, 131:25, 141:23,
158:22, 159:13, 161:14,
162:11, 162:15, 162:24
pre-discharge [19] -

198
17:15, 21:21, 21:22,
21:23, 24:4, 30:4, 30:8,
31:8, 39:12, 40:18, 95:7,
131:25, 141:23, 158:22,
159:13, 161:14, 162:11,
162:15, 162:24
precisely [1] - 160:1
predict [8] - 15:23,
16:13, 46:15, 47:1,
47:15, 48:25, 51:1,
84:22
predicted [1] - 47:4
predictions [2] - 18:3,
34:15
predominant [1] - 75:4
predominantly [2] - 22:7,
75:16
prefer [5] - 60:16, 60:19,
60:24, 129:14, 174:13
premarked [1] - 6:7
premier [1] - 8:14
premises [1] - 114:22
preparation [8] - 93:18,
119:3, 119:8, 124:7,
126:22, 126:24, 134:7,
159:17
prepare [3] - 31:10,
126:19, 175:8
prepared [10] - 16:25,
23:22, 25:4, 30:19, 72:4,
72:8, 79:22, 126:20,
153:20, 171:11
preparing [2] - 98:18,
118:25
present [22] - 5:20,
12:18, 15:24, 22:2, 28:7,
31:17, 35:9, 42:17, 43:6,
46:6, 54:17, 62:1, 70:8,
73:7, 74:1, 85:10, 87:15,
87:19, 100:16, 122:3,
122:18
presentation [1] - 152:5
presented [4] - 105:19,
127:15, 132:8, 132:11
press [1] - 174:9
pressure [2] - 13:14,
20:7
presumably [2] - 137:20,
142:22
pretty [6] - 19:1, 37:3,
38:12, 68:7, 98:6, 98:11
prevent [1] - 118:9
previous [4] - 51:15,

53:20, 120:6, 127:14
previously [6] - 87:5,
87:24, 94:10, 117:15,
145:6, 145:7
prices [1] - 173:13
primarily [2] - 8:5, 22:4
primary [1] - 14:15
prime [1] - 67:18
print [1] - 152:21
problem [2] - 155:12,
155:16
problems [1] - 102:16
procedures [6] - 24:24,
25:2, 25:3, 25:7, 25:8,
121:8
proceed [3] - 6:5,
128:14, 158:5
proceedings [1] - 177:7
process [14] - 27:23,
29:13, 49:21, 58:22,
59:2, 62:8, 63:14, 81:17,
81:19, 93:14, 104:23,
105:2, 130:16, 168:22
processes [15] - 36:24,
57:20, 57:22, 57:23,
58:6, 58:17, 130:17,
131:1, 131:2, 131:7,
131:9, 131:13, 131:21,
161:7, 162:6
Procter [1] - 5:2
PROCTER [1] - 2:10
produce [1] - 19:6
produces [1] - 78:15
product [2] - 28:9, 54:21
production [1] - 80:10
productive [1] - 106:14
products [1] - 97:1
profession [2] - 7:18,
51:12
professional [3] - 99:16,
129:7, 129:20
proffer [1] - 10:9
program [30] - 30:23,
39:19, 40:8, 54:22, 55:8,
55:11, 58:25, 74:11,
80:13, 90:24, 91:15,
98:3, 124:23, 126:11,
126:13, 129:22, 136:8,
136:15, 139:9, 147:12,
154:23, 155:7, 157:25,
161:6, 162:10, 162:13,
162:18, 163:14, 171:4,
173:6

programs [11] - 11:18,
11:22, 25:20, 30:20,
32:14, 32:17, 33:12,
33:13, 41:11, 45:2, 61:6
project [2] - 24:23, 54:9
projected [1] - 42:2
projects [4] - 9:19,
24:22, 53:4, 136:13
promise [1] - 151:19
promised [1] - 166:20
promote [3] - 49:18,
63:9, 63:17
properties [8] - 32:4,
34:14, 34:18, 38:5,
46:21, 96:4, 148:13,
148:17
property [6] - 96:1, 96:3,
113:22, 117:21, 148:15
proposal [2] - 95:10,
167:15
propose [1] - 141:3
proposed [13] - 11:22,
30:20, 93:22, 131:24,
132:13, 134:2, 143:7,
148:12, 153:22, 171:13,
172:22, 173:10, 173:11
proposing [10] - 95:17,
143:8, 143:11, 150:9,
150:13, 150:25, 153:6,
158:18, 163:6, 164:6
PROTECTION [2] - 1:5,
1:18
Protection [1] - 129:9
provide [3] - 104:22,
127:11, 171:5
provided [7] - 6:15, 9:20,
107:25, 108:1, 127:13,
142:21, 155:9
providing [1] - 10:16
province [2] - 136:8,
136:17
proximate [3] - 71:13,
71:18, 154:18
proximity [1] - 52:14
public [13] - 29:4, 29:6,
29:23, 66:15, 67:5,
67:19, 67:25, 76:20,
88:12, 112:1, 126:12,
148:16, 148:23
Public [6] - 68:15, 71:17,
87:20, 169:16, 170:3,
170:7
publication [1] - 99:14

publications [1] - 99:13
published [1] - 49:2
pull [1] - 63:25
pulling [1] - 41:4
pump [38] - 21:2, 49:22,
56:3, 63:19, 63:20,
63:25, 65:8, 80:13, 89:8,
90:16, 90:17, 90:21,
90:24, 90:25, 91:8,
91:11, 91:14, 91:19,
102:8, 118:8, 118:14,
121:19, 121:21, 121:23,
122:1, 122:5, 122:9,
122:23, 122:24, 123:1,
123:6, 158:21, 159:11,
160:11, 165:6, 165:12,
165:16, 168:24
pumped [6] - 15:13,
21:9, 63:23, 64:1, 80:14,
82:1
pumping [11] - 18:12,
21:4, 21:9, 49:20, 56:10,
63:21, 63:24, 75:10,
89:2, 93:16, 118:16
pumps [2] - 73:3, 81:25
pure [8] - 42:16, 42:23,
43:6, 43:12, 45:3, 54:23,
61:21, 63:4
purpose [2] - 54:5,
135:24
purposes [1] - 102:25
PURSUANT [1] - 3:7
purveyor [1] - 29:7
put [15] - 6:25, 7:11,
48:17, 84:4, 88:20,
99:14, 109:2, 109:12,
109:17, 146:16, 149:14,
149:22, 152:4, 157:5,
174:12
puts [1] - 63:21
Python [1] - 49:4
Q
qualification [1] - 10:22
qualifications [3] - 10:4,
10:5, 12:13
qualified [1] - 10:9
quality [9] - 39:5, 40:2,
40:10, 59:14, 60:2,
136:19, 141:12, 141:15,
141:22
quantitation [2] - 30:17,
39:16

199
quarterly [1] - 123:2
questioning [3] - 4:8,
5:10, 115:1
questions [10] - 45:5,
85:22, 85:25, 86:2, 86:3,
108:22, 127:25, 138:8,
148:4, 170:15
quicker [1] - 59:21
quickly [1] - 37:20
quite [13] - 15:10, 29:16,
34:19, 53:25, 74:15,
82:12, 85:21, 90:2,
102:8, 103:14, 108:11,
132:10, 168:16
quote [1] - 159:2
R
raised [2] - 65:7, 109:4
raising [1] - 157:9
ran [3] - 9:9, 72:5, 81:24
Range [1] - 139:24
ranged [1] - 68:25
rate [8] - 37:20, 38:12,
38:15, 56:10, 63:24,
131:12, 131:14, 131:20
rated [2] - 89:9, 89:18
rates [2] - 160:22, 161:21
rather [4] - 14:19, 52:6,
145:5, 168:4
reaccumulate [1] - 55:3
reaccumulated [1] - 55:1
reach [4] - 29:10, 32:16,
49:8, 135:4
reached [7] - 26:14,
46:17, 47:2, 59:14,
158:3, 158:7, 160:12
reaction [2] - 63:11,
63:17
read [4] - 10:6, 68:11,
136:24, 142:22
readily [1] - 36:16
ready [1] - 175:6
reagent [1] - 63:17
real [6] - 17:10, 52:25,
71:19, 104:2, 109:14,
114:19
realize [2] - 54:24, 78:14
realized [2] - 38:1, 69:19
really [8] - 5:13, 52:6,
57:11, 90:7, 90:8,
105:24, 124:25, 174:13
reason [10] - 94:17,
103:5, 115:8, 122:5,

122:19, 136:2, 144:8,
145:3, 161:18, 172:20
reasonable [8] - 58:7,
105:25, 110:18, 142:19,
149:11, 160:19, 164:8,
167:9
reasonably [3] - 38:2,
69:15, 116:24
reasons [1] - 121:23
receive [1] - 126:24
received [4] - 99:12,
119:9, 126:23, 155:11
recent [11] - 70:20,
77:17, 78:3, 78:6,
104:12, 105:7, 112:17,
128:22, 129:1, 130:7,
150:5
recently [1] - 47:6
receptor [3] - 27:7, 27:8,
27:12
receptors [11] - 27:6,
34:4, 34:5, 46:8, 71:9,
86:18, 111:24, 112:9,
170:14, 170:17
recess [2] - 92:13, 128:9
recharge [2] - 18:9,
18:14
recharge/discharge [1] 18:25
recharges [1] - 27:19
recharging [1] - 18:9
recollection [4] - 154:6,
154:17, 160:5, 160:11
recommend [8] - 32:20,
32:23, 84:3, 94:9,
100:25, 104:20, 144:8,
169:11
recommendation [8] 84:8, 91:9, 96:7, 106:8,
121:18, 156:22, 163:15,
165:24
recommendations [25] 55:5, 56:14, 73:15,
73:18, 79:5, 79:8, 79:11,
79:23, 80:6, 80:9, 82:6,
85:17, 91:6, 94:2, 94:6,
96:12, 96:16, 96:18,
96:23, 123:12, 134:9,
154:24, 155:19, 156:13,
169:19
recommended [31] 58:21, 58:24, 79:25,
80:4, 82:10, 82:15, 83:5,

83:7, 83:16, 84:6, 84:19,
93:24, 94:22, 122:5,
122:19, 122:22, 132:19,
132:21, 134:20, 145:3,
145:6, 145:7, 145:10,
145:11, 154:21, 156:1,
156:5, 166:17, 169:12,
169:15
recommending [11] 81:21, 82:9, 82:11,
101:16, 121:23, 123:4,
134:17, 168:25, 171:4,
172:9, 172:15
record [11] - 5:16, 5:17,
6:8, 7:5, 64:5, 64:6,
77:16, 104:16, 174:18,
175:14, 175:15
records [2] - 33:10,
33:11
recover [5] - 45:3, 62:25,
156:25, 164:21, 173:22
recovering [1] - 158:8
recovery [2] - 54:21,
56:10
Recross [1] - 176:3
red [5] - 51:19, 51:22,
52:12, 52:15, 67:12
Redirect [1] - 176:3
reduce [3] - 59:5, 62:5,
96:22
reduced [2] - 130:18,
171:13
reducing [2] - 92:3,
162:14
reduction [1] - 162:7
refer [8] - 12:23, 14:4,
17:24, 30:2, 40:2, 50:8,
136:13, 153:10
reference [2] - 20:5,
154:13
referenced [1] - 108:2
referred [19] - 13:5, 13:9,
14:14, 18:8, 21:5, 29:2,
29:24, 39:15, 50:14,
57:24, 62:2, 69:3, 69:7,
69:22, 70:6, 74:17, 88:6,
107:12, 111:20
referring [3] - 6:24,
10:24, 49:17
refineries [2] - 11:20,
22:21
reflect [1] - 94:2
reformulated [4] - 22:8,

22:9, 22:22, 23:1
refresh [3] - 154:6,
154:17, 160:5
refreshes [1] - 160:10
regard [4] - 48:9, 91:11,
110:16, 148:8
regarding [1] - 140:5
region [1] - 34:11
regional [12] - 17:9,
17:23, 17:25, 18:2,
18:17, 19:14, 33:19,
33:23, 70:10, 111:6,
111:25
regionally [1] - 70:11
regs [2] - 168:2
regulates [1] - 28:11
regulations [2] - 28:14,
141:8
regulatory [3] - 28:20,
139:4, 140:16
reject [2] - 87:11, 143:1
relate [3] - 13:22, 107:14,
116:8
related [7] - 9:23, 13:20,
19:17, 77:20, 82:13,
97:25, 173:23
relates [2] - 12:13,
163:25
relation [1] - 133:24
relationship [3] - 18:13,
18:25, 109:15
relative [4] - 88:18,
125:16, 177:10, 177:13
relatively [3] - 61:21,
78:1, 104:9
release [35] - 16:4,
21:24, 23:14, 25:21,
25:25, 33:2, 33:11,
34:21, 43:3, 43:9, 43:11,
44:16, 45:22, 49:6, 50:6,
51:16, 51:18, 62:23,
73:22, 78:2, 82:13, 86:9,
86:10, 86:25, 103:23,
110:8, 110:10, 115:9,
116:11, 116:15, 116:16,
117:4, 121:1, 129:22,
133:22
released [7] - 31:24,
34:24, 35:6, 45:10, 46:5,
60:23, 71:23
releases [5] - 11:20,
22:6, 23:9, 38:6, 115:14
relevant [1] - 156:16

200
reliable [1] - 104:17
relied [1] - 130:12
rely [2] - 58:11, 159:20
relying [3] - 58:9, 61:14,
126:12
remaining [2] - 32:22,
91:16
remedial [10] - 72:14,
136:14, 136:15, 138:13,
140:8, 167:6, 167:20,
173:5
remediate [2] - 53:16,
72:10
remediated [1] - 80:3
remediation [64] - 11:18,
25:15, 25:20, 31:3, 31:5,
39:19, 40:8, 41:7, 41:11,
49:11, 56:23, 59:11,
59:16, 59:21, 72:7,
72:17, 78:11, 78:14,
79:4, 80:12, 80:16,
89:24, 91:15, 117:12,
117:18, 117:20, 118:18,
121:5, 122:2, 124:18,
124:23, 126:11, 129:7,
129:22, 132:5, 132:19,
133:8, 133:10, 133:17,
133:25, 135:20, 136:7,
136:11, 137:8, 137:10,
139:19, 140:13, 142:1,
142:20, 158:3, 158:9,
158:12, 159:19, 162:10,
162:13, 162:18, 167:4,
167:10, 167:14, 168:18,
168:24, 171:12, 172:9,
172:15
remember [4] - 71:3,
71:4, 95:22, 144:10
removal [1] - 33:12
remove [4] - 49:14,
61:23, 80:21, 81:11
removed [4] - 100:22,
124:20, 156:4, 173:24
removing [1] - 72:20
rendered [1] - 26:24
rephrase [1] - 129:15
replace [1] - 102:18
replaced [1] - 44:20
replacement [1] - 33:13
reply [2] - 108:7, 108:11
report [100] - 6:16, 6:20,
66:6, 68:12, 71:16,
77:18, 78:4, 79:5, 79:15,

79:22, 80:10, 82:7,
82:24, 93:19, 93:20,
94:7, 94:8, 96:13, 96:16,
96:17, 96:18, 97:2,
107:15, 107:19, 107:22,
107:24, 108:3, 108:13,
108:14, 108:18, 109:6,
109:7, 110:23, 114:8,
118:8, 118:25, 119:3,
119:4, 119:8, 121:14,
123:21, 124:3, 124:7,
124:9, 124:10, 126:19,
126:20, 126:23, 126:25,
128:17, 128:19, 128:22,
129:1, 130:5, 130:7,
132:6, 132:8, 132:14,
132:18, 133:14, 134:3,
134:7, 134:18, 135:9,
135:10, 139:20, 140:9,
140:14, 140:18, 140:24,
141:3, 142:2, 142:5,
142:21, 143:2, 143:24,
145:5, 149:17, 149:22,
150:6, 152:4, 152:11,
153:6, 153:21, 154:21,
156:2, 158:2, 159:17,
164:10, 167:4, 167:6,
167:10, 169:15, 169:20,
171:5, 171:16, 172:6
Reporter [2] - 177:4
REPORTER [2] - 1:25,
3:15
reports [15] - 6:8, 7:4,
7:7, 25:5, 26:25, 30:19,
33:1, 33:14, 105:18,
115:22, 118:23, 119:16,
130:3, 169:11, 171:25
represent [4] - 51:20,
66:4, 103:9, 141:18
request [2] - 119:6,
126:21
require [6] - 137:14,
138:1, 141:25, 143:2,
143:16, 151:23
required [15] - 22:18,
46:13, 91:16, 92:5, 92:6,
96:22, 134:21, 135:20,
137:5, 137:8, 139:19,
140:15, 165:21, 166:1,
167:5
requires [2] - 157:5,
173:6
requiring [2] - 164:11,

164:23
research [1] - 8:21
residence [1] - 27:14
residences [1] - 34:7
residual [1] - 59:8
resource [2] - 30:7, 31:6
resources [3] - 9:24,
30:6, 32:25
respect [12] - 42:2,
55:17, 60:19, 65:25,
90:22, 91:13, 121:6,
133:23, 135:20, 141:21,
167:1, 167:24
response [8] - 22:17,
22:22, 75:9, 106:10,
126:15, 132:11, 170:1,
170:15
responses [1] - 48:5
responsible [12] - 26:2,
40:6, 40:9, 41:14, 45:2,
47:13, 48:12, 110:7,
126:10, 129:9, 129:21,
172:10
rest [1] - 97:10
restoration [30] - 10:18,
25:15, 30:6, 31:4, 31:7,
32:17, 39:12, 40:15,
55:8, 55:10, 55:15,
55:22, 56:14, 56:23,
58:25, 59:5, 59:17,
59:25, 91:15, 91:20,
94:5, 94:25, 95:7, 97:1,
98:3, 121:17, 123:10,
123:12, 138:14, 155:6
restore [10] - 17:14,
21:20, 23:17, 23:25,
24:4, 40:18, 53:16,
55:19, 58:18, 162:19
restoring [1] - 58:6
restricted [1] - 36:24
result [5] - 79:7, 130:21,
131:7, 132:13, 162:6
resulted [1] - 132:7
results [3] - 102:10,
115:18, 127:10
resumed [1] - 93:8
retained [3] - 16:21,
33:1, 68:1
retard [1] - 57:21
retarded [2] - 35:23,
38:13
reveal [1] - 134:14
review [14] - 17:7, 17:8,

26:19, 31:14, 33:8,
33:25, 107:20, 107:21,
107:22, 113:13, 155:3,
163:13, 165:14, 166:19
reviewed [10] - 25:5,
33:5, 66:1, 72:3, 105:17,
106:24, 113:10, 115:25,
141:8, 159:16
reviewing [2] - 127:19,
139:5
revised [4] - 128:19,
140:9, 145:4, 158:2
revisit [1] - 142:7
rich [1] - 60:14
rid [1] - 62:24
Ridgewood [2] - 112:12,
112:22
rigorous [1] - 104:22
rise [4] - 4:4, 93:4, 128:8,
128:12
risk [9] - 27:20, 28:23,
28:25, 29:18, 29:20,
29:21, 29:23, 31:7,
104:25
risk-base [1] - 29:18
risk-based [2] - 28:23,
31:7
risks [1] - 88:12
river [1] - 113:7
rivers [1] - 53:13
road [2] - 20:20, 20:22
rock [18] - 13:3, 14:7,
14:13, 14:17, 14:21,
14:23, 15:5, 15:15,
15:19, 15:25, 20:9, 53:2,
53:10, 53:25, 54:13,
54:16, 68:5, 68:6
roughly [1] - 22:25
rule [1] - 73:9
run [6] - 39:1, 101:7,
101:10, 134:12, 135:13,
161:7
runs [2] - 67:18, 68:14
RUSSONIELLO [2] 1:24, 3:15
Russoniello [4] - 3:14,
177:3, 177:19, 177:20
S
S/Vincent [2] - 3:14,
177:19
Saddle [1] - 4:14
sample [15] - 77:17,

201
77:21, 101:20, 102:5,
102:22, 103:3, 103:8,
104:24, 113:6, 144:3,
144:14, 153:3, 153:14,
157:22
sampled [5] - 77:13,
120:24, 126:1, 153:1,
170:7
samples [19] - 26:22,
58:4, 65:18, 68:5, 69:10,
78:8, 87:6, 103:6,
115:17, 116:3, 116:6,
119:5, 120:19, 126:17,
127:9, 144:6, 151:16,
151:17, 154:20
sampling [11] - 65:17,
70:20, 78:6, 83:3, 94:18,
104:22, 126:4, 141:17,
144:23, 150:21, 163:22
sand [3] - 14:7, 51:17,
111:15
sands [2] - 14:5, 14:9
saturated [5] - 13:4,
13:8, 13:13, 13:17,
50:15
scale [1] - 38:22
scenario [1] - 157:3
scenarios [1] - 101:7
science [4] - 7:20, 8:6,
8:15, 19:22
Science [1] - 8:9
scientific [1] - 7:22
scope [3] - 96:23,
171:11, 172:14
screen [2] - 6:25, 149:14
screened [4] - 74:14,
82:18, 94:23, 163:7
seal [2] - 102:7, 102:8
season [2] - 75:8, 75:9
seated [1] - 4:6
second [11] - 26:20,
27:13, 28:3, 32:1, 44:12,
62:12, 71:5, 75:15,
88:13, 92:5, 160:8
secondarily [1] - 36:20
secondary [3] - 62:2,
62:5, 72:21
section [5] - 67:17, 68:8,
68:14, 70:14, 120:7
SECTION [1] - 3:7
sections [4] - 64:10,
67:14, 67:15, 67:22
sector [1] - 9:10

sediment [1] - 52:8
sediments [11] - 14:5,
15:3, 15:5, 50:15, 51:17,
52:24, 67:4, 68:25,
74:14, 75:3, 111:13
see [35] - 6:19, 12:24,
14:2, 14:8, 14:12, 41:13,
52:6, 52:21, 60:19,
64:15, 66:7, 68:19,
70:12, 91:24, 101:24,
104:7, 107:6, 108:22,
113:1, 135:16, 140:6,
140:7, 140:11, 142:10,
147:23, 152:24, 154:6,
160:5, 160:10, 160:13,
165:9, 165:18, 171:25,
175:10, 175:13
seeing [1] - 117:5
seek [1] - 167:6
seeking [10] - 106:12,
133:9, 135:23, 157:22,
163:20, 170:16, 170:19,
170:21, 172:20, 173:22
seem [1] - 164:8
select [1] - 59:18
selected [2] - 121:12,
150:23
selecting [1] - 56:16
selection [1] - 121:15
self [2] - 42:10, 57:16
self-evident [1] - 42:10
self-explanatory [1] 57:16
semi [1] - 123:2
semi-annual [1] - 123:2
send [1] - 6:22
sentiments [1] - 67:1
separate [2] - 115:25,
143:17
separation [1] - 103:5
series [3] - 40:24, 71:12,
99:14
service [12] - 11:16,
11:19, 49:6, 66:6, 71:3,
83:11, 99:3, 106:19,
107:5, 112:7, 124:16,
162:18
services [1] - 99:16
set [14] - 5:18, 65:16,
70:9, 85:22, 85:25,
96:12, 110:16, 110:19,
124:4, 125:23, 126:2,
126:19, 140:18, 177:8

sets [2] - 17:23, 141:10
setting [11] - 17:25, 20:8,
21:19, 27:5, 30:23,
33:23, 34:11, 39:4,
51:14, 55:23, 111:7
settings [4] - 13:22,
13:24, 45:17, 54:14
settlements [2] - 54:8,
54:12
seven [2] - 88:3, 160:23
several [4] - 20:24, 47:6,
85:4, 94:17
shake [1] - 147:8
shaking [1] - 147:23
shallow [5] - 103:1,
103:17, 103:21, 104:8,
120:3
shallowest [2] - 68:19,
69:6
sheet [3] - 171:17, 172:5,
172:7
Shell [1] - 16:3
shells [1] - 81:2
shift [1] - 64:3
shoes [1] - 130:1
short [3] - 89:6, 158:21,
159:12
shorter [1] - 160:24
show [8] - 49:23, 67:14,
72:8, 76:8, 107:3,
152:20, 168:2, 172:2
showed [1] - 51:15
showing [1] - 52:13
shown [3] - 51:19, 66:3,
68:9
shows [11] - 49:3, 49:17,
51:18, 64:16, 68:15,
70:9, 112:11, 120:7,
150:8, 152:13, 171:25
shut [2] - 158:15, 160:14
side [6] - 87:18, 132:22,
132:24, 156:7, 169:22,
170:16
signed [1] - 5:5
significant [7] - 38:6,
43:11, 122:14, 122:17,
125:1, 125:23, 132:7
significantly [1] - 124:22
silts [2] - 14:6, 111:16
similar [12] - 22:6, 26:13,
45:20, 49:13, 52:11,
52:19, 57:6, 81:5, 91:3,
127:5, 144:13, 145:15

simple [2] - 19:17,
111:10
simply [6] - 65:3, 121:4,
125:4, 127:13, 132:2,
155:21
single [12] - 23:4, 27:14,
74:16, 86:4, 101:19,
102:5, 102:23, 103:4,
103:10, 105:12, 144:14,
170:8
sit [5] - 34:8, 154:5,
155:18, 160:3, 167:25
site [266] - 12:8, 17:9,
17:12, 17:25, 18:3, 19:4,
19:13, 24:1, 24:2, 24:5,
25:10, 26:21, 27:5,
31:11, 31:15, 31:18,
33:2, 33:5, 33:9, 33:15,
34:12, 38:25, 40:7,
40:25, 41:3, 41:6, 41:9,
41:12, 41:15, 41:20,
43:23, 44:17, 46:16,
46:19, 46:25, 47:7,
47:19, 47:24, 47:25,
48:7, 48:12, 48:13,
48:15, 48:16, 55:8,
55:25, 56:1, 56:9, 56:11,
56:13, 56:17, 56:20,
57:2, 57:3, 62:22, 62:23,
64:8, 64:12, 64:18,
65:25, 66:8, 66:10,
66:11, 66:13, 66:20,
66:22, 66:25, 67:18,
68:13, 68:14, 68:15,
68:22, 68:24, 70:23,
71:10, 71:14, 71:17,
71:23, 72:2, 72:4, 72:7,
72:10, 72:17, 73:16,
73:23, 74:4, 76:10,
76:11, 76:13, 76:25,
77:4, 77:13, 77:20,
78:13, 78:14, 78:17,
78:19, 78:22, 79:2, 79:3,
79:24, 80:2, 80:5, 80:12,
80:15, 81:21, 81:24,
81:25, 82:2, 82:10,
82:11, 82:12, 83:14,
84:6, 84:16, 86:1, 86:4,
86:6, 86:10, 86:16,
87:23, 89:22, 90:12,
90:14, 90:18, 90:22,
90:24, 91:1, 91:6, 91:8,
91:9, 91:10, 91:14,

202
91:16, 91:23, 92:6,
93:15, 94:5, 94:25, 95:4,
95:17, 96:8, 96:11,
96:23, 97:1, 98:16,
99:10, 104:3, 105:6,
106:20, 106:25, 107:4,
107:7, 110:3, 110:5,
110:18, 111:2, 111:11,
113:9, 113:13, 113:15,
113:19, 113:22, 114:13,
115:5, 116:10, 116:12,
117:2, 117:4, 117:11,
117:16, 118:6, 118:7,
118:10, 118:14, 118:16,
119:5, 119:18, 119:21,
120:15, 120:21, 121:13,
121:15, 121:17, 121:19,
121:25, 122:2, 122:4,
122:10, 122:11, 122:18,
123:10, 123:13, 124:1,
124:18, 124:19, 124:21,
124:23, 125:6, 125:14,
126:9, 128:18, 129:2,
129:6, 129:23, 130:9,
130:13, 130:15, 131:19,
131:24, 132:6, 132:20,
133:2, 133:10, 133:13,
133:18, 133:19, 133:21,
133:23, 134:13, 135:5,
136:16, 136:22, 137:1,
137:2, 137:13, 137:21,
138:5, 138:21, 139:19,
140:5, 140:19, 142:24,
143:20, 144:17, 146:22,
146:24, 147:18, 151:22,
152:16, 152:22, 156:10,
158:3, 158:16, 159:25,
162:1, 162:18, 163:3,
165:16, 168:14, 168:20,
169:4, 169:5, 171:15,
172:3, 172:11, 172:12,
172:13, 172:19, 174:18
site-specific [19] - 17:9,
24:1, 31:11, 31:15, 33:5,
33:9, 38:25, 40:25, 41:3,
55:8, 55:25, 56:11,
56:13, 73:23, 86:6,
90:12, 113:13, 121:15,
172:13
sites [58] - 5:11, 11:19,
11:23, 12:1, 16:23, 17:8,
17:10, 17:12, 21:19,
23:20, 23:24, 24:2, 25:1,

25:16, 25:20, 25:21,
25:24, 25:25, 30:20,
32:13, 32:22, 35:12,
35:14, 42:21, 43:14,
43:15, 43:16, 43:20,
43:21, 44:25, 45:14,
47:6, 47:23, 48:5, 55:5,
56:4, 56:8, 58:20, 58:23,
59:9, 59:20, 60:1, 64:4,
73:22, 85:23, 85:24,
86:5, 115:14, 115:16,
121:11, 123:16, 129:10,
131:6, 139:5, 145:16,
171:8, 172:8, 172:18
sits [1] - 62:2
sitting [3] - 45:21,
159:24, 166:21
situ [6] - 53:18, 53:20,
53:22, 62:6, 62:8, 63:6
situation [7] - 42:18,
54:15, 96:20, 97:10,
108:23, 124:25, 135:6
six [10] - 94:9, 94:24,
95:10, 95:12, 95:17,
96:7, 136:1, 148:12,
153:2, 153:3
size [2] - 56:5, 65:24
skip [1] - 94:5
skipped [1] - 119:12
slices [1] - 67:14
slide [35] - 12:14, 12:19,
13:25, 14:9, 16:19,
24:15, 26:6, 34:13, 39:3,
48:20, 51:13, 51:15,
51:17, 53:20, 55:9,
57:12, 57:14, 66:2, 67:9,
70:9, 71:25, 76:24,
77:10, 96:25, 107:3,
108:6, 110:2, 111:5,
111:23, 112:11, 119:11,
120:6, 121:16
slides [4] - 12:11, 67:8,
107:11, 108:4
slightly [7] - 20:15,
61:13, 127:6, 153:7,
158:23, 159:14, 161:15
slim [1] - 98:11
slope [7] - 49:24, 50:18,
50:20, 50:25, 69:20,
70:6, 70:7
slower [1] - 161:8
slowly [1] - 57:22
small [5] - 13:12, 17:18,

97:22, 102:8, 152:21
soil [24] - 8:6, 13:3,
35:18, 35:19, 35:21,
35:23, 36:16, 36:21,
43:5, 56:19, 61:7, 61:9,
61:19, 61:20, 61:21,
61:22, 62:1, 62:4, 62:16,
62:18, 68:5, 89:21,
89:24, 90:8
sold [1] - 9:5
solid [1] - 14:13
soluble [3] - 35:4, 35:8,
36:20
solvent [2] - 115:11,
115:16
solvents [3] - 37:16,
60:23
someone [1] - 18:19
sometimes [1] - 45:8
somewhat [4] - 57:6,
77:24, 83:6, 146:4
somewhere [1] - 101:7
sorry [2] - 29:17, 119:12
sort [2] - 44:7, 98:9
sought [1] - 107:23
sound [1] - 167:9
sounds [4] - 158:6,
160:4, 162:21, 170:13
source [14] - 23:13, 62:2,
62:5, 70:24, 72:20,
72:21, 78:20, 78:23,
79:3, 85:13, 85:18, 87:2,
87:4, 87:12
sources [4] - 22:6, 23:9,
42:11, 141:1
south [13] - 85:6, 111:19,
112:7, 116:21, 119:18,
119:22, 119:25, 120:4,
120:5, 122:3, 122:18,
125:4
south-southeast [2] 120:4, 120:5
south-southwest [1] 120:4
southeast [2] - 120:4,
120:5
southwest [8] - 66:21,
75:5, 75:11, 75:17,
75:22, 76:11, 120:1,
120:4
space [2] - 14:15, 61:17
spaces [2] - 13:2, 13:7
sparging [3] - 62:7, 62:8,

117:24
speaking [1] - 43:19
specific [34] - 17:9, 18:3,
24:1, 31:11, 31:15, 33:5,
33:9, 38:25, 40:25, 41:3,
55:8, 55:25, 56:9, 56:11,
56:13, 73:23, 74:20,
82:18, 82:19, 83:3, 83:4,
84:21, 85:25, 86:6,
90:12, 96:10, 113:13,
121:15, 135:15, 144:6,
167:8, 167:23, 167:24,
172:13
specifically [8] - 24:14,
63:22, 82:20, 96:8,
99:10, 121:11, 144:11,
162:13
speculate [2] - 135:1,
155:17
speculation [1] - 114:17
speed [2] - 37:1, 51:1
spend [2] - 88:20, 174:14
spending [1] - 57:10
spent [2] - 9:14, 9:16
spill [1] - 16:2
spoken [1] - 139:14
spot [1] - 155:1
spread [1] - 104:19
spreading [1] - 44:5
staff [2] - 17:18, 17:19
stand [1] - 156:14
standard [19] - 29:10,
29:18, 29:22, 30:3, 30:4,
39:11, 39:22, 39:24,
55:20, 59:15, 60:3,
73:20, 98:22, 113:12,
115:21, 141:15, 141:22,
141:23
standards [8] - 29:8,
31:7, 39:5, 40:1, 40:2,
40:10, 136:19, 141:12
standing [1] - 20:17
stands [1] - 42:13
star [3] - 64:17, 71:16,
107:4
start [2] - 21:22, 81:12
started [1] - 9:4
starting [3] - 9:17, 108:6,
169:1
starts [2] - 21:2, 168:23
STATE [2] - 1:11, 1:18
State [15] - 4:10, 4:17,
4:19, 14:2, 30:5, 64:16,

203
107:6, 129:7, 129:13,
129:20, 156:18, 156:25,
157:1, 157:3, 177:5
state [5] - 21:23, 26:3,
29:9, 107:7, 141:5
State's [2] - 30:5, 140:15
statement [1] - 118:21
states [2] - 9:23, 30:1
States [3] - 8:18, 22:24,
177:3
STATES [2] - 1:1, 1:10
station [52] - 11:19, 25:1,
33:11, 33:13, 47:3, 49:6,
51:24, 64:19, 66:6, 69:6,
69:19, 70:15, 70:25,
71:4, 71:5, 75:15, 77:22,
77:24, 80:14, 80:17,
81:18, 82:13, 83:11,
83:18, 84:17, 85:13,
86:22, 87:1, 87:7, 87:20,
99:4, 106:20, 106:23,
107:5, 107:9, 110:8,
110:10, 110:13, 112:7,
113:25, 116:12, 116:15,
116:16, 117:1, 117:19,
118:12, 118:14, 118:18,
122:12, 124:16, 125:15
stations [6] - 11:16, 22:5,
45:15, 55:17, 71:3, 71:6
stature [1] - 8:13
steeper [2] - 50:18, 50:21
STENOGRAPHIC [1] 3:9
stenographically [1] 177:7
Step [2] - 33:19, 113:13
step [10] - 27:23, 31:9,
31:21, 40:20, 41:4, 57:9,
77:5, 80:18, 113:7,
175:9
steps [5] - 40:25, 55:10,
73:23, 130:1, 134:2
stick [1] - 35:18
still [21] - 32:17, 37:8,
43:6, 53:24, 62:1, 92:5,
92:8, 93:19, 95:12,
122:16, 131:11, 131:13,
134:9, 146:4, 156:14,
156:15, 156:16, 157:2,
159:5, 159:9, 173:15
Stop [1] - 71:20
stop [1] - 106:15
stopped [2] - 44:19,

159:19
stops [1] - 123:6
storage [7] - 33:12,
45:11, 45:14, 51:21,
52:1, 77:25, 114:22
Store [1] - 71:21
store [1] - 66:21
straight [2] - 20:19,
45:23
strata [4] - 69:4, 70:13,
74:1, 74:12
strategic [1] - 9:12
stream [4] - 27:18, 49:9,
49:24, 50:4
streams [2] - 34:3, 53:13
STREET [1] - 1:11
strip [2] - 62:13, 118:2
structured [1] - 36:14
students [1] - 8:19
studies [1] - 38:1
study [5] - 7:23, 87:22,
121:7, 121:10, 121:13
subject [6] - 9:15, 42:22,
45:1, 47:23, 48:6, 55:18
submission [1] - 109:6
submit [4] - 130:3,
140:15, 168:2, 175:5
submitted [4] - 108:8,
115:17, 154:7, 154:10
subsequent [5] - 73:13,
96:22, 126:24, 133:4,
134:7
subsequently [1] 120:23
subset [3] - 16:25, 55:14,
76:24
substance [1] - 10:11
substeps [1] - 40:24
subsurface [26] - 13:1,
13:2, 15:15, 15:24,
16:13, 36:22, 38:9,
42:17, 42:24, 43:7,
44:21, 45:11, 46:17,
49:15, 53:22, 60:11,
61:24, 63:18, 67:10,
67:15, 68:4, 70:3, 74:6,
74:24, 82:21, 151:7
subvertical [1] - 14:18
suck [2] - 61:17, 118:3
sucked [1] - 54:23
sufficient [3] - 58:18,
95:6, 110:16
suggest [1] - 109:19

suggested [2] - 16:5,
144:8
suggesting [1] - 91:10
suggestion [1] - 174:6
summarize [3] - 33:8,
77:9, 107:8
summarized [2] 106:25, 113:16
summarizing [1] 119:17
summary [4] - 31:11,
94:6, 113:15, 120:14
summation [2] - 106:1,
168:6
supervision [2] - 129:8,
147:21
supplement [3] - 107:18,
108:18, 158:14
supplemental [3] 107:15, 124:10, 153:20
supplementing [1] 108:12
supplied [2] - 18:12,
56:8
supplies [1] - 10:1
Supply [13] - 66:18,
68:15, 70:21, 71:8,
71:12, 71:17, 71:19,
72:16, 85:5, 87:20,
169:16, 170:3, 170:7
supply [20] - 15:1, 19:1,
27:13, 29:7, 34:5, 34:6,
50:5, 66:15, 66:17, 67:5,
67:19, 67:25, 71:13,
71:18, 75:18, 76:12,
76:20, 83:15, 111:22,
112:2
support [3] - 87:11,
108:9, 154:10
supported [1] - 127:14
surface [19] - 7:23, 7:24,
12:24, 16:17, 18:12,
19:9, 21:13, 27:17,
27:19, 27:21, 34:2, 44:6,
45:16, 49:8, 50:12,
50:13, 50:21, 111:12,
112:5
surprised [1] - 173:12
suspected [1] - 141:1
SVE [1] - 90:6
sVE [1] - 90:7
sworn [1] - 6:2
syrup [2] - 44:7, 52:7

system [48] - 80:15,
81:15, 81:23, 82:2,
88:21, 89:1, 89:24,
91:14, 93:17, 97:5, 99:8,
101:25, 103:4, 103:14,
118:9, 118:15, 121:19,
121:24, 122:6, 123:6,
132:21, 133:10, 143:21,
143:25, 144:1, 144:10,
144:12, 144:21, 145:5,
145:17, 145:21, 145:24,
146:7, 146:11, 146:22,
147:18, 152:19, 153:1,
158:10, 158:16, 159:25,
160:14, 165:17, 168:18,
169:15, 172:17, 173:25
systems [1] - 102:2
T
table [7] - 49:23, 50:8,
50:14, 50:15, 50:20,
62:10, 88:1
tact [1] - 108:17
tailored [1] - 96:8
tank [13] - 33:12, 44:19,
44:20, 45:11, 45:12,
45:13, 45:21, 51:21,
51:24, 52:1, 52:2, 52:3,
81:4
tanks [3] - 45:14, 77:25,
114:22
tap [1] - 81:8
target [3] - 31:2, 39:20,
40:19
targeting [1] - 40:10
targets [1] - 39:4
TBA [9] - 28:4, 28:5,
30:9, 39:9, 39:17, 39:18,
40:4, 77:12, 110:14
Tec [1] - 8:17
technical [4] - 17:14,
31:19, 48:22, 88:14
technique [1] - 11:21
techniques [1] - 123:11
technologies [22] 17:14, 21:20, 23:17,
23:24, 24:6, 40:16,
40:17, 53:22, 55:19,
55:21, 56:2, 57:13,
87:25, 88:4, 88:8, 89:7,
89:18, 89:21, 90:11,
117:25, 121:12, 121:15
technology [29] - 24:3,

204
24:13, 53:18, 53:19,
55:25, 56:7, 56:12,
56:17, 56:22, 56:25,
57:4, 57:5, 60:4, 61:10,
62:4, 62:6, 63:7, 63:19,
64:2, 80:22, 89:1, 89:12,
90:21, 91:3, 104:19,
122:9, 144:16, 145:22,
145:23
ten [1] - 54:9
tends [1] - 60:17
tens [4] - 54:10, 103:25,
104:1, 117:5
term [9] - 17:16, 20:4,
37:10, 41:23, 48:22,
50:8, 88:18, 88:21,
129:5
termed [1] - 112:3
terminals [1] - 11:19
terminology [1] - 13:15
terms [19] - 12:3, 12:20,
13:15, 17:20, 19:17,
26:16, 30:25, 31:20,
39:22, 41:9, 42:9, 65:23,
88:20, 89:19, 91:2,
111:1, 122:17, 127:8,
143:7
tertiary [2] - 28:3, 28:4
test [1] - 84:23
tested [1] - 115:17
testified [1] - 6:2
testify [4] - 45:18,
129:14, 134:2, 134:4
testifying [3] - 17:1,
107:19, 114:23
testimony [11] - 10:11,
10:16, 50:1, 107:13,
108:5, 109:16, 130:12,
144:10, 162:22, 171:16,
171:19
Texaco [1] - 71:4
text [1] - 72:5
THE [140] - 1:1, 1:12,
3:7, 3:9, 4:4, 4:5, 4:12,
5:4, 5:16, 5:18, 5:20,
6:5, 6:10, 6:14, 6:22,
7:9, 7:13, 10:2, 10:8,
10:21, 11:1, 11:3, 42:5,
43:19, 43:21, 45:6,
47:20, 48:1, 48:4, 48:15,
48:17, 64:5, 79:13,
79:18, 88:23, 88:24,
91:7, 91:13, 91:19,

91:21, 91:23, 91:25,
92:7, 92:12, 93:4, 93:5,
95:14, 95:16, 95:19,
95:21, 95:25, 96:2,
97:13, 97:16, 97:17,
97:21, 97:24, 98:1, 98:2,
98:14, 98:16, 98:20,
99:18, 99:22, 99:24,
100:1, 100:3, 100:5,
100:7, 100:8, 100:13,
100:15, 100:17, 100:18,
100:23, 102:13, 102:14,
102:19, 102:21, 104:2,
104:3, 105:9, 105:11,
105:15, 105:17, 105:21,
105:25, 106:2, 106:3,
106:5, 106:17, 107:21,
108:20, 109:3, 109:16,
109:21, 109:25, 114:15,
114:18, 114:23, 123:22,
128:3, 128:7, 128:8,
128:12, 128:13, 129:14,
129:19, 138:11, 146:16,
146:21, 147:1, 147:6,
147:8, 147:13, 147:23,
148:9, 149:20, 149:24,
152:20, 152:24, 155:20,
155:24, 157:8, 157:15,
159:1, 159:4, 161:1,
161:3, 161:4, 161:6,
161:9, 161:11, 168:4,
174:3, 174:6, 174:22,
175:2, 175:11, 175:13
therefore [31] - 15:9,
15:12, 16:8, 17:11, 30:6,
35:23, 36:16, 38:2, 43:6,
44:25, 52:20, 56:23,
62:4, 82:15, 84:11,
86:13, 89:15, 94:1,
101:8, 102:8, 107:12,
117:13, 119:6, 126:12,
133:7, 149:5, 156:14,
160:24, 165:10, 172:17,
173:2
they've [3] - 104:14,
143:24, 166:1
thick [1] - 69:1
thickness [1] - 6:20
thin [2] - 66:25, 67:1
thinks [2] - 138:17,
157:12
third [10] - 27:17, 31:9,
40:20, 60:4, 66:12,

66:19, 72:1, 88:18,
140:7, 169:14
thousand [3] - 83:25,
97:6, 117:6
thousands [2] - 54:10,
104:1
threat [2] - 86:16, 87:1
threatened [1] - 27:16
three [7] - 24:10, 27:9,
52:14, 64:10, 77:11,
88:9, 151:7
throughout [3] - 15:4,
22:23, 118:7
throw [1] - 51:1
timeframe [2] - 125:25,
160:19
timeline [2] - 113:11,
113:17
timing [1] - 139:23
tipped [1] - 70:5
TITLE [1] - 3:7
TO [2] - 3:7, 3:8
today [22] - 5:6, 6:18,
13:16, 13:20, 16:25,
36:9, 47:23, 48:2, 48:6,
54:16, 57:10, 94:4,
105:21, 127:19, 154:5,
157:16, 159:5, 159:9,
159:24, 160:3, 166:21,
174:9
today's [2] - 47:24, 78:3
together [3] - 24:12,
41:4, 53:1
tomorrow [6] - 174:13,
174:19, 174:23, 175:4,
175:8, 175:10
tonight [1] - 175:8
took [5] - 26:8, 101:8,
123:15, 125:19, 160:24
tool [1] - 41:21
top [11] - 20:18, 34:8,
44:3, 44:6, 44:7, 51:20,
52:7, 61:12, 99:25,
100:19, 170:25
topography [2] - 19:18,
34:1
total [9] - 17:1, 97:19,
99:23, 100:3, 100:5,
100:9, 100:20, 109:10,
109:11
toward [7] - 21:16,
49:24, 59:3, 59:4, 68:20,
119:20, 125:6

towards [5] - 19:3, 50:2,
50:7, 75:18, 83:14
township [1] - 64:12
track [1] - 104:16
trademarked [1] - 106:4
TRANSCRIPT [1] - 3:8
transcript [1] - 177:6
TRANSCRIPTION [1] 3:9
transfer [1] - 35:5
transition [4] - 13:11,
13:12, 59:10, 59:16
transport [5] - 31:19,
32:3, 42:3, 46:4, 46:20
transportations [1] 162:7
treat [36] - 49:22, 56:3,
61:10, 63:19, 63:20,
64:1, 80:20, 90:9, 90:16,
90:17, 90:21, 90:24,
90:25, 91:8, 91:11,
91:14, 91:19, 118:8,
118:15, 121:19, 121:21,
121:24, 122:1, 122:6,
122:9, 122:23, 122:24,
123:1, 123:6, 158:21,
159:11, 160:11, 165:6,
165:12, 165:16, 168:24
treated [2] - 56:11,
165:12
treatment [18] - 29:12,
46:13, 80:15, 81:13,
81:17, 81:22, 81:23,
82:4, 82:9, 89:1, 89:3,
89:4, 89:9, 93:17, 97:5,
97:25, 99:8, 173:24
tree [1] - 12:25
TRENTON [1] - 1:11
trial [5] - 17:8, 17:10,
134:4, 134:10, 135:12
tried [1] - 96:2
tries [2] - 33:25, 41:25
trivial [1] - 109:10
true [6] - 24:25, 35:11,
133:21, 142:9, 168:16,
177:6
truncated [1] - 5:13
truth [1] - 145:3
try [4] - 45:2, 46:18,
79:19, 111:9
trying [5] - 17:21, 40:6,
128:1, 156:25, 174:9
TULLY [14] - 2:10, 5:1,

205
10:7, 11:2, 106:11,
107:10, 107:23, 109:19,
114:14, 114:17, 114:21,
123:18, 174:5, 174:25
Tully [1] - 5:2
turn [15] - 12:11, 16:19,
33:19, 39:3, 40:20, 54:4,
64:8, 76:24, 85:20,
87:22, 119:11, 120:13,
140:7, 160:9, 166:23
turned [3] - 159:25,
160:11, 165:6
Turnpike [1] - 106:24
twice [4] - 113:8, 126:1,
142:18, 157:6
two [42] - 8:17, 13:11,
14:3, 15:14, 15:16, 17:1,
17:22, 18:22, 23:20,
26:18, 27:24, 28:1,
28:15, 28:21, 39:11,
40:7, 44:4, 54:2, 54:9,
54:17, 60:11, 60:17,
62:10, 64:4, 66:17,
67:12, 71:2, 71:6, 80:6,
91:25, 93:16, 95:22,
100:19, 102:21, 112:2,
112:20, 120:17, 120:19,
139:18, 142:21, 151:7,
170:14
Tyler [1] - 4:18
TYLER [1] - 1:20
type [9] - 14:12, 14:22,
17:21, 25:17, 33:16,
57:7, 64:2, 68:16, 171:4
types [12] - 14:3, 15:14,
17:22, 25:22, 26:18,
33:7, 33:21, 39:11,
40:21, 60:12, 101:23,
136:13
typical [6] - 14:1, 31:13,
33:24, 40:5, 49:3, 99:15
typically [2] - 40:7, 59:9
U
U.K. [1] - 8:15
U.S [2] - 1:25, 3:15
U.S.C [1] - 3:7
ultimate [2] - 98:5, 98:7
ultimately [9] - 63:12,
72:23, 73:13, 95:6,
151:21, 158:22, 159:12,
161:13, 162:15
uncertainties [4] - 98:12,

98:13, 171:3, 173:7
uncertainty [1] - 98:5
unchanged [1] - 127:7
uncommon [1] - 115:18
unconfined [1] - 20:6
unconsolidated [20] 14:4, 15:3, 15:16, 51:16,
52:8, 52:24, 53:12,
53:17, 53:24, 54:7,
54:12, 66:23, 67:1, 67:4,
68:25, 74:13, 75:3,
75:10, 111:13, 119:24
under [11] - 12:17,
13:14, 17:19, 87:25,
88:8, 98:10, 129:2,
129:8, 136:8, 147:19,
147:20
undergraduate [1] - 8:3
underground [8] - 33:12,
45:11, 45:14, 51:21,
51:24, 52:1, 77:25,
114:21
underlying [1] - 109:3
understandable [1] 111:10
understood [4] - 84:9,
164:9, 165:14, 165:17
undertaken [1] - 155:21
unfortunately [2] 103:13, 135:6
Unfortunately [1] - 35:2
unimpeded [1] - 125:6
United [4] - 8:4, 8:18,
22:23, 177:3
UNITED [2] - 1:1, 1:10
units [2] - 111:15
universities [2] - 8:12,
8:20
university [1] - 8:15
unless [3] - 136:21,
137:2, 137:22
unnecessary [1] - 156:9
unrelated [1] - 23:8
unretarded [1] - 36:23
unsaturated [2] - 13:5,
61:8
up [48] - 6:22, 7:11, 9:17,
11:22, 23:16, 30:21,
40:6, 42:7, 51:23, 53:9,
53:19, 54:3, 54:24,
56:24, 57:1, 57:2, 57:4,
78:23, 81:2, 81:3, 81:18,
85:6, 89:5, 93:14, 98:23,

100:21, 105:7, 110:23,
118:7, 120:16, 120:18,
129:2, 129:10, 130:13,
131:5, 131:19, 133:12,
138:12, 149:14, 152:4,
159:1, 159:16, 170:17,
171:6, 171:17, 171:18,
172:1, 172:2
up-front [1] - 89:5
update [1] - 167:11
updated [4] - 93:18,
94:1, 119:1, 126:20
updating [1] - 135:8
urban [1] - 16:16
USDJ [1] - 1:12
useful [2] - 18:2, 18:4
USEPA [1] - 98:18
uses [2] - 23:12, 46:7
UST [1] - 51:21
utilities [1] - 29:10
utilized [2] - 89:24,
147:18

veneer [1] - 67:1
version [1] - 96:15
versus [8] - 15:15, 20:6,
31:4, 56:19, 101:1,
101:12, 102:10, 138:14
vertical [2] - 14:18, 67:14
vessels [1] - 80:24
vicinity [3] - 21:4, 107:4,
154:15
view [1] - 97:10
VINCENT [2] - 1:24, 3:15
Vincent [2] - 177:3,
177:20
voids [1] - 13:2
volatile [2] - 61:21,
115:22
volatility [1] - 61:14
volatilize [3] - 37:5, 37:9,
37:12
VOLUME [1] - 1:6
volume [2] - 23:3, 44:20
voluntarily [1] - 137:22

V

W

vadose [12] - 12:21,
13:6, 13:17, 50:17,
56:19, 56:24, 61:8,
61:11, 62:15, 62:24,
89:23, 118:4
valid [2] - 102:10, 103:9
validity [1] - 157:11
valuable [1] - 16:16
value [2] - 22:16, 100:16
vapor [14] - 37:14, 61:7,
61:15, 61:16, 61:22,
62:4, 62:15, 62:16,
62:18, 63:2, 63:4, 89:21,
89:24, 90:8
vapors [1] - 34:9
variable [1] - 14:21
variation [3] - 75:6,
113:4, 120:1
varied [1] - 23:2
varies [3] - 64:25, 95:21,
120:4
variety [2] - 11:11,
101:18
various [8] - 6:17, 9:23,
51:19, 65:15, 74:11,
99:9, 101:6, 160:22
vary [5] - 36:12, 45:15,
56:23, 74:24, 86:5
velocity [2] - 50:22, 51:8

Waldwick [5] - 48:8,
48:13, 106:24, 117:1,
122:10
wants [1] - 82:20
water [83] - 7:23, 10:1,
13:4, 13:8, 13:13, 14:16,
14:18, 14:20, 15:1, 15:4,
15:6, 15:11, 15:12, 18:9,
18:11, 18:12, 19:1, 19:8,
20:23, 21:2, 21:6, 21:8,
21:11, 21:13, 21:15,
27:13, 27:17, 27:19,
27:21, 29:5, 29:6, 29:7,
29:9, 29:13, 34:2, 34:4,
35:2, 35:3, 35:4, 35:7,
37:9, 39:22, 44:11,
44:13, 44:14, 46:9, 49:9,
49:12, 49:20, 49:23,
50:5, 50:6, 50:8, 50:14,
50:16, 50:20, 56:20,
57:5, 63:3, 63:5, 63:13,
66:15, 67:5, 67:7, 67:19,
71:13, 71:18, 73:3,
74:19, 75:18, 75:24,
76:12, 76:20, 80:14,
80:24, 83:14, 111:22,
112:2, 112:5, 120:11,
141:12, 141:22
Water [10] - 68:15,

206
71:11, 71:17, 71:19,
72:16, 85:4, 87:20,
169:16, 170:3, 170:7
ways [2] - 18:22, 60:12
Weil [1] - 4:21
wEIL [1] - 2:5
well-head [2] - 97:5,
97:25
wellhead [1] - 100:2
wellheads [1] - 100:8
wells [196] - 15:1, 16:9,
18:11, 18:17, 19:1, 19:2,
19:3, 19:5, 19:6, 19:8,
26:22, 34:5, 34:6, 42:23,
42:24, 43:1, 43:18,
43:22, 46:9, 47:9, 48:10,
49:10, 49:11, 49:14,
49:18, 50:12, 52:14,
52:15, 53:1, 53:5, 54:2,
54:9, 56:10, 58:4, 62:20,
63:23, 65:12, 65:14,
65:18, 66:13, 66:17,
67:17, 67:24, 68:2,
68:17, 69:18, 71:10,
71:13, 71:18, 74:11,
74:13, 74:16, 74:17,
74:18, 74:20, 75:2,
75:14, 75:23, 77:13,
81:25, 82:1, 82:16,
82:17, 83:17, 83:21,
84:3, 84:14, 86:18, 89:2,
91:24, 92:1, 93:16,
94:13, 94:22, 95:4,
95:12, 95:14, 95:17,
96:3, 99:25, 100:1,
101:12, 101:17, 102:13,
102:20, 103:11, 103:20,
104:5, 104:9, 104:13,
104:16, 104:20, 104:21,
104:22, 105:5, 105:8,
105:13, 105:20, 110:4,
110:6, 110:12, 112:2,
114:9, 115:4, 120:11,
120:20, 120:21, 120:24,
122:14, 122:15, 123:3,
123:24, 124:1, 124:4,
125:19, 125:20, 125:25,
126:3, 126:4, 130:8,
131:10, 131:11, 131:18,
131:23, 132:1, 132:2,
135:18, 135:24, 136:3,
137:12, 138:4, 138:20,
139:7, 139:12, 141:17,

141:25, 142:5, 142:6,
143:1, 143:8, 143:9,
143:10, 143:23, 144:24,
144:25, 148:8, 148:20,
149:1, 150:10, 150:13,
150:15, 150:16, 150:17,
150:19, 150:25, 151:6,
151:23, 152:15, 153:7,
153:17, 153:22, 154:1,
154:3, 154:14, 154:18,
154:25, 155:4, 155:8,
156:20, 156:23, 156:24,
157:2, 157:5, 157:23,
163:20, 163:21, 164:1,
164:3, 164:5, 164:11,
164:15, 164:23, 164:24,
165:22, 166:1, 166:12,
166:17, 167:21, 173:8,
173:9
West [2] - 47:24, 48:16
west [26] - 66:11, 66:12,
66:19, 69:18, 70:13,
76:1, 76:13, 76:20, 80:2,
80:3, 80:13, 80:16,
81:25, 83:21, 84:13,
85:10, 87:16, 90:19,
90:25, 91:8, 91:9, 93:15,
95:3, 132:22, 133:5,
146:24
west-northwest [2] 76:1, 76:13
Westbay [4] - 101:25,
102:2, 103:13, 144:21
Westbays [3] - 102:14,
102:17, 102:20
western [4] - 81:20, 82:4,
82:9, 147:19
wetland [1] - 27:18
whatsoever [1] - 53:7
whereas [6] - 15:5,
15:10, 31:7, 37:13, 38:4,
52:17
White [2] - 12:15, 12:18
wide [2] - 21:10, 104:19
wide-spread [1] - 104:19
widely [5] - 22:23, 51:11,
56:2, 62:23, 104:12
Windsor [2] - 47:25,
48:16
withdrawn [3] - 62:16,
97:7, 169:21
withdraws [1] - 21:6
withdrew [1] - 169:24

witness [10] - 5:20, 6:1,
7:6, 10:15, 10:16,
107:13, 108:8, 157:17,
175:12, 176:3
WITNESS [32] - 43:21,
48:15, 88:24, 91:13,
91:21, 91:25, 95:16,
95:21, 96:2, 97:17,
97:24, 98:2, 98:16,
99:22, 100:1, 100:5,
100:8, 100:15, 100:18,
102:14, 102:21, 104:3,
105:11, 105:17, 105:25,
106:3, 129:19, 155:24,
161:3, 161:6, 161:11,
175:11
witness' [1] - 6:7
WOLFSON [1] - 1:12
words [4] - 35:25, 49:4,
54:2, 86:25
world [2] - 8:16, 52:25
worldwide [1] - 9:11
Worley [3] - 9:3, 9:6, 9:8
Wren [1] - 4:18
WREN [2] - 1:20, 4:18
writing [2] - 97:9, 175:5
written [3] - 118:22,
168:6, 175:3
wrote [1] - 170:3
X
XOM-NJDEP-REM31310-1073785 [1] 139:25
Y
year [7] - 100:13, 112:23,
125:22, 128:25, 155:9,
166:23, 169:2
years [46] - 38:23, 44:24,
51:10, 54:17, 65:17,
65:18, 65:20, 70:4,
70:21, 77:16, 78:12,
101:1, 101:8, 101:9,
104:12, 106:8, 110:14,
110:15, 110:20, 112:17,
120:17, 120:25, 121:20,
122:23, 123:5, 125:21,
157:23, 158:5, 158:23,
159:14, 160:16, 160:19,
160:23, 161:1, 161:4,
161:10, 161:14, 161:19,

161:20, 161:22, 161:24,
164:6, 168:25, 169:6,
170:4, 170:11
yellow [4] - 14:9, 64:17,
71:16, 107:4
yesterday [1] - 169:22
yield [1] - 15:10
yields [1] - 15:13
Z
zero [1] - 30:14
zigzags [1] - 20:20
Zone [7] - 68:19, 69:7,
69:22, 75:14, 75:24,
76:19, 153:4
zone [30] - 12:21, 13:5,
13:9, 13:11, 13:12,
13:17, 50:16, 50:17,
53:16, 56:19, 56:24,
61:8, 61:11, 61:19,
62:15, 62:24, 69:7,
69:21, 75:11, 75:25,
76:14, 89:23, 102:12,
103:10, 103:18, 116:7,
118:4, 120:3
zone" [1] - 13:6
Zones [1] - 94:21
zones [10] - 68:20,
69:14, 76:16, 76:22,
87:16, 94:20, 94:21,
94:23, 104:8, 120:8