STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

SUGAR CANE GROWERS COOPERATIVE OF )

FLORIDA, a Florida Agricultural )

Cooperative Marketing Association, ) CASE NOS. 92-3038

ROTH FARMS, INC., and ) 92-3039

WEDGWORTH FARMS, INC., ) 92-3040

)

and )

)

FLORIDA SUGAR CANE LEAGUE, INC.; )

UNITED STATES SUGAR CORPORATION; )

)_______________________

and )

FLORIDA FRUIT AND VEGETABLE ) DEPOSITION

ASSOCIATION, LEWIS POPE FARMS, )

W.E. SCHLECHTER & SONS, INC., ) OF

and HUNDLEY FARMS, INC., )

) GARY N. BIGHAM

Petitioners, )_______________________

)

vs. )

)

SOUTH FLORIDA WATER MANAGEMENT )

DISTRICT, an Agency of the State )

of Florida, )

)

Respondent, )

)

and )

)

THE UNITED STATES OF AMERICA )

MICCOSUKEE TRIBE OF INDIANS OF )

FLORIDA, THE FLORIDA DEPARTMENT OF )

ENVIRONMENTAL PROTECTION, THE )

FLORIDA WILDLIFE FEDERATION, )

THE FLORIDA AUDUBON SOCIETY, and )

THE SIERRA CLUB, )

Respondent-Intervenors. )

___________________________________ )

 

AT DURHAM, NORTH CAROLINA

MARCH 31, 1994

REPORTED BY:

CAROLYN Y. HALL & ASSOCIATES

 

 

 

 

 

 

 

 

 

MR. BIGHAM PAGE 2

APPEARANCES:

 

 

SUGARCANE GROWERS GARY P. SAMS, ESQUIRE

COOPERATIVE OF FLORIDA, HOPPING, BOYD, GREEN & SAMS

ROTH FARMS, INC., 123 SOUTH CALHOUN STREET

WEDGEWORTH FARMS, INC.: TALLAHASSEE, FL 32314

TELEPHONE: (904) 222-7500

 

 

FOR RESPONDENT-INTERVENOR: LISA B. HOGAN, ESQUIRE

ASSISTANT U.S. ATTORNEY

SOUTHERN DISTRICT OF

FLORIDA

99 N.E. 4TH STREET

3RD FLOOR

MIAMI, FLORIDA 33132

TELEPHONE: (305) 536-4425

 

 

 

ALSO PRESENT:

DR. RONALD JONES

DR. ELIZABETH HENRY

 

 

 

 

 

 

 

 

 

MR. BIGHAM PAGE 3

T A B L E O F C O N T E N T S

 

E X A M I N A T I O N I N D E X

 

DEPONENT - GARY N. BIGHAM - 3/31/94

 

EXAMINATION: PAGES

BY MS. HOGAN 5-133

-------------------------------------------------------

 

E X H I B I T S I N D E X

 

NUMBER DESCRIPTION MARKED

DEF. #1 NOTICE OF DEPOSITION - DUCES TECUM 13

DEF. #2 SUPPLEMENTAL DESIGNATION OF EXPERT 19

& FACT WITNESSES OF PETITIONERS,

SUGAR CANE GROWERS COOPERATIVE OF

FLORIDA, ROTH FARMS, INC., AND

WEDGWORTH FARMS, INC.

DEF. #3 CURRICULUM VITAE OF GARY N. BIGHAM 23

DEF. #4 LETTER TO DR. MIKE SOUKUP FROM TAMAR 46

BARKAY AND RATHI KAVANAUGH, DATED

FEBRUARY 18, 1993

DEF. #5 KBN REPORT ON WATER SAMPLING IN THE 50

HOLEYLAND, WATER CONSERVATION AREA-2A,

AND THE EVERGLADES NUTRIENT REMOVAL

PROJECT, DATED MARCH 1994

DEF. #6 KBN REPORT ON BIOLOGICAL SAMPLING AND 50

TISSUE ANALYSIS OF FISH COLLECTED IN

PALM BEACH COUNTY, FLORIDA, DATED

MARCH 1994

DEF. #7 LETTER TO MR. WILLIAM H. GREEN FROM 56

GARY N. BIGHAM, DATED FEBRUARY 23, 1994

 

 

MR. BIGHAM PAGE 4

E X H I B I T S I N D E X

 

NUMBER DESCRIPTION MARKED

DEF. #8 MISCELLANEOUS DATA ON FLORIDA LAKES 65

DEF. #9 MISCELLANEOUS DATA FROM EMAP PROGRAM 66

SAMPLING

DEF. #10 ADDITIONAL NOTES RELATING TO KBN DATA 68

DEF. #11 LETTER/REPORT TO WILLIAM H. GREEN 69

FROM GARY N. BIGHAM, DATED MARCH 17, 1994

DEF. #12 FAX TO GARY SAMS FROM BETSY HENRY, 121

SUBJECT: EXPERT REPORT - DRAFT, DATED

MARCH 22, 1994

DEF. #13 FINAL DRAFT REPORT PREPARED BY PTI, 121

ENTITLED, THE INFLUENCE OF PHOSPHORUS

ON MERCURY CYCLING AND BIOACCUMULATION

IN THE EVERGLADES, DATED MARCH 1994

 

-------------------------------------------------------

 

 

SIGNATURE PAGE FOR DEPONENT 134

 

 

 

CERTIFICATION OF COURT REPORTER 135

 

 

 

 

 

 

 

 

 

MR. BIGHAM PAGE 5

STIPULATIONS

ON MOTION OF COUNSEL FOR THE UNITED STATES

DEPARTMENT OF JUSTICE, ENVIRONMENTAL AND NATURAL

RESOURCES DIVISION, GENERAL LITIGATION SECTION,

WASHINGTON, D.C., THE DEPOSITION OF GARY N. BIGHAM

MAY BE TAKEN BEGINNING AT OR AROUND 9:00 A.M. ON

MARCH 31, 1994, AT THE HILTON HOTEL, 3800 HILLSBOROUGH

ROAD, THE WALKER SUITE, DURHAM, NORTH CAROLINA, AND WAS

REPORTED BY CAROLYN Y. HALL & ASSOCIATES.

THE SIGNATURE OF THE WITNESS TO THE TRANSCRIPT

OF HIS TESTIMONY IS HEREBY REQUIRED.

- - - - - - - - - - -

WHEREUPON,

GARY N. BIGHAM,

HAVING FIRST BEEN DULY SWORN,

WAS EXAMINED AND TESTIFIED

AS FOLLOWS:

EXAMINATION BY MS. HOGAN:

Q. GOOD MORNING.

A. HI.

Q. MY NAME IS LISA HOGAN, AND I REPRESENT THE

UNITES STATES IN THIS MATTER. I'M GOING TO ASK YOU A

SERIES OF QUESTIONS, IN ORDER TO ASCERTAIN YOUR

OPINIONS AND YOUR TESTIMONY THAT WILL BE GIVEN AT THE

 

 

 

 

 

 

 

 

 

MR. BIGHAM PAGE 6

HEARING IN THIS MATTER. IF YOU DON'T UNDERSTAND MY

QUESTIONS, PLEASE LET ME KNOW. I'LL TRY TO REPHRASE

THEM FOR YOU, BUT WE WILL ASSUME IF YOU ANSWER, IT

MEANS THAT YOU UNDERSTOOD WHAT I ASKED.

A. YES.

Q. OKAY. CAN YOU STATE YOUR FULL NAME FOR THE

RECORD, PLEASE?

A. MY NAME IS GARY NEIL BIGHAM.

Q. OKAY. AND WHAT IS YOUR BUSINESS ADDRESS?

A. IT'S 1601 TRAPELO ROAD, WALTHAM,

MASSACHUSETTS.

Q. WHERE IS YOUR PRESENT PLACE OF EMPLOYMENT?

A. PTI ENVIRONMENTAL SERVICES.

Q. HOW LONG HAVE YOU BEEN EMPLOYED WITH PTI?

A. APPROXIMATELY SIX AND A HALF YEARS.

Q. AND WHAT ARE YOUR PRESENT DUTIES?

A. I'M VICE-PRESIDENT RESPONSIBLE FOR THE EASTERN

REGION OF THE COMPANY.

Q. OKAY. HOW WOULD YOU DESCRIBE YOUR AREA OF

EXPERTISE AT PRESENT?

A. MY AREA OF EXPERTISE IS RELATED TO THE

VALUATION OF THE TRANSPORT, AND FATE, AND EFFECTS OF

TOXICANTS OR POLLUTANTS IN THE ENVIRONMENT.

Q. OKAY. HOW HAVE YOU GAINED THAT EXPERTISE?

 

 

 

 

 

 

 

 

 

MR. BIGHAM PAGE 7

A. THROUGH A COMBINATION OF UNIVERSITY WORK AND A

LITTLE OVER TWENTY YEARS OF EXPERIENCE.

Q. OKAY. HAVE YOU EVER TESTIFIED AT TRIAL

BEFORE?

A. YES, I HAVE.

Q. IN WHAT MATTERS?

A. THEY WERE VARIED. I GUESS THE FIRST ONE WAS

AS A FACTUAL WITNESS THAT HAD TO DO WITH THE CONDUCT OF

ENVIRONMENTAL SURVEYS THAT WERE PERFORMED BY MY

EMPLOYER AND SUBCONTRACTOR.

Q. DO YOU KNOW WHAT THE STYLE OF THAT CASE IS,

THE NAME OF THE CASE?

A. NO, IT'S QUITE -- QUITE OLD. IT WAS IN THE

LATE SEVENTIES. I THINK IT WAS -- WELL, IT MIGHT HAVE

BEEN -- IT INVOLVED TETRA TECH AND NORTH AMERICAN

ROCKWELL.

Q. OKAY. AND WHO DID YOU TESTIFY ON BEHALF OF?

A. TETRA TECH, WHO WAS MY EMPLOYER AT THAT TIME.

Q. OKAY. DO YOU HAVE THE STYLE OF THE CASE OR

THE CASE NUMBER, OR ANYTHING? DO YOU THINK YOU COULD

PUT YOUR HANDS ON IT AND LOCATE THAT INFORMATION?

A. NO, I DON'T HAVE ANY -- I HAVE NOT RETAINED

ANYTHING RELATED TO THAT.

Q. WOULD TETRA TECH STILL HAVE INFORMATION ON IT?

 

 

 

 

 

 

 

 

 

MR. BIGHAM PAGE 8

A. I HAVE NO IDEA.

Q. WHO AT TETRA TECH COULD WE CALL TO FIND OUT

THE SPECIFICS OF THE CASE?

A. YOU COULD CALL SOMEONE IN THEIR HEADQUARTERS

OFFICE IN PASADENA, CALIFORNIA?

Q. DO YOU HAVE THE NAME OF ANYBODY THAT WE COULD

POSSIBLY CONTACT?

A. THE PRESIDENT.

Q. WHAT WAS THE NATURE OF YOUR TESTIMONY IN THAT

CASE?

A. I HAD BEEN THE RESIDENT MANAGER OF OUR

OPERATIONS IN JUBAIL, SAUDI ARABIA, WHERE WE HAD A

MULTIPLE-YEAR CONTRACT TO MEASURE A VARIETY OF MARINE

WATER QUALITY, BIOLOGICAL -- MARINE BIOLOGY, SOME

GEOPHYSICAL SURVEYS, AND ALSO HAD A -- QUITE A LARGE

AIR QUALITY MONITORING NETWORK THAT WAS INSTALLED.

THERE WAS A DISAGREEMENT BETWEEN TETRA TECH AND

THE CONTRACTOR WHO INSTALLED THE AIR QUALITY MONITORING

EQUIPMENT, NORTH AMERICAN ROCKWELL, AS TO THE

PERFORMANCE OF THE SYSTEM. AND SO MY TESTIMONY RELATED

TO THE FACT THAT I WAS THE RESIDENT MANAGER AND

INVOLVED IN THE WHOLE THING.

Q. OKAY. HOW WAS THAT LITIGATION RESOLVED?

A. I THINK IT WAS ULTIMATELY DROPPED.

 

 

 

 

 

 

 

 

 

MR. BIGHAM PAGE 9

Q. OKAY. DO YOU HAVE ANY INVOLVEMENT IN ANY

OTHER LAWSUITS?

A. YES. MORE RECENTLY I WAS AN EXPERT WITNESS IN

A CASE INVOLVING SHELL OIL COMPANY, AND I ACTUALLY

DON'T REMEMBER THE, YOU KNOW, THERE'S QUITE A NUMBER OF

OTHER NAMES INVOLVED ON THE OTHER SIDE, BUT IT HAD TO

DO WITH THE LOWRY LANDFILL IN THE DENVER AREA. AND I

PROVIDED EXPERT TESTIMONY REGARDING THE NATURE OF SOME

OF SHELL'S WASTE MATERIAL, AS TO WHETHER IT CONSTITUTED

A HAZARDOUS WASTE OR NOT.

Q. WHAT TYPE OF MATERIAL WAS IT?

A. IT WAS SOLID RESIDUE FROM A PESTICIDE

INCINERATOR, SO BASICALLY A SALT MATERIAL.

Q. OKAY. WHEN WAS THIS, THIS LAWSUIT, THE SHELL

OIL?

A. IT WAS LAST YEAR, '93; AND IT'S BEEN GOING ON

FOR A LONG, LONG TIME, BUT---

Q. HAS IT BEEN RESOLVED YET?

A. I BELIEVE IT WAS SETTLED, YES, LAST JUNE.

Q. OKAY. AND SO, THE NATURE OF YOUR INVOLVEMENT

WAS TO PRESENT TESTIMONY AS AN EXPERT?

A. CORRECT.

Q. DID YOU HAVE ANY OTHER INVOLVEMENT? DID

YOU -- WAS YOUR DEPOSITION TAKEN IN THAT?

 

 

 

 

 

 

 

 

 

MR. BIGHAM PAGE 10

A. IT WAS, YES.

Q. OKAY. DID YOU HAVE ANY OTHER LAWSUITS THAT

YOU'VE BEEN INVOLVED IN?

A. THE THIRD AND LAST ONE WAS, I THINK, EARLIER

THIS YEAR. I WAS DEPOSED ON A MATTER REGARDING AN

INSURANCE COMPANY AND A COMPANY THAT I HAD DONE WORK

FOR IN THE PAST. I HAD, SEVERAL YEARS AGO, PREPARED A

WORK PLAN FOR A REMEDIAL INVESTIGATION AT THE BUNKER

HILL MINE IN IDAHO. AND SUBSEQUENT TO THAT, THERE WAS

SOME LITIGATION BETWEEN THE COMPANY THAT OWNED THE

MINE, GULF RESOURCES AND CHEMICAL COMPANY, AND THEIR

INSURANCE CARRIER, REGARDING INSURANCE COVERAGE ON

THAT. AND THE INSURANCE COMPANY WAS INTERESTED IN WHAT

I REMEMBERED ABOUT THE DEVELOPMENT OF THE WORK PLAN FOR

THE REMEDIAL INVESTIGATION.

Q. OKAY. DO YOU REMEMBER THE NAMES OF EITHER OF

THE COMPANIES?

A. WELL, GULF RESOURCES AND CHEMICAL CORPORATION

WAS THE FIRM THAT I HAD WORKED FOR BEFORE, AND THE -- I

BELIEVE IT WAS A GROUP OF INSURANCE CARRIERS, AND I

DON'T REMEMBER WHO ALL WAS INVOLVED THERE.

Q. ALL RIGHT. SO, THE GULF RESOURCES CASE, THAT

WAS AN IDAHO CASE?

A. WELL, IT'S LOCATED IN IDAHO.

 

 

 

 

 

 

 

 

 

MR. BIGHAM PAGE 11

Q. WHERE WAS THE LAWSUIT---

A. IS IT AN IDAHO CASE?

Q. ---FILED?

A. I BELIEVE IT IS AN IDAHO CASE, YES.

Q. AND WHAT ABOUT THE SHELL OIL CASE, WHAT STATE

IS THAT IN?

A. I PRESUME IT'S COLORADO.

Q. AND THE TETRA TECH CASE, WHERE WAS THAT ONE?

A. CALIFORNIA, I BELIEVE.

Q. YOU SAY YOU HAVE BEEN DEPOSED BEFORE. WERE

YOU DEPOSED IN ALL THREE OF THOSE CASES?

A. YES.

Q. OKAY. HAVE YOU BEEN DEPOSED IN ANY OTHER

CASES?

A. NO.

Q. DO YOU KNOW THE ATTORNEY FOR TETRA TECH IN THE

FIRST CASE, THE NAME OF THE LAW FIRM?

A. NO, I DON'T.

Q. OKAY. WHAT ABOUT THE SHELL OIL; WERE YOU

EMPLOYED BY SHELL OIL, THAT'S WHO YOU REPRESENTED?

A. NO, I WAS EMPLOYED BY THEIR OUTSIDE COUNSEL.

I CAN'T THINK OF THE FIRST NAME OF THE -- THE LAW FIRM.

IT'S SOMETHING, HULTON AND SPAANSTRA, IN DENVER.

Q. HOLTEN?

 

 

 

 

 

 

 

 

 

MR. BIGHAM PAGE 12

A. HULTON, H-U-L-T-O-N, AND SPAANSTRA.

Q. AND YOU JUST CAN'T REMEMBER THE FIRST NAME?

A. NO.

Q. AND THEN WHAT ABOUT THE ATTORNEYS FOR GULF

RESOURCES?

A. IN THAT CASE, I WAS NOT -- I WAS NOT RETAINED.

I WAS DEPOSED; I WAS NOT REPRESENTED BY COUNSEL.

Q. OKAY. DID IN-HOUSE COUNSEL HANDLE THAT FOR

GULF RESOURCES, OR DID THEY HAVE OUTSIDE COUNSEL?

A. GULF HAD OUTSIDE RESOURCES -- OR OUTSIDE

COUNSEL.

Q. DO YOU KNOW WHAT THE NAME OF THAT FIRM IS, OR

WHO THOSE ATTORNEYS ARE?

A. WILKIE, FARR AND GALLAGHER.

Q. OKAY. I'M GOING TO HAND YOU A COPY OF YOUR

NOTICE OF TAKING DEPOSITION DUCES TECUM.

A. UH-HUH (YES).

Q. AND ASK YOU IF THAT WAS THE NOTICE THAT YOU

RECEIVED FOR YOUR DEPOSITION TODAY.

(THEREUPON, WITNESS REVIEWS DOCUMENT.)

A. YES, I RECEIVED A COPY OF THIS.

MS. HOGAN: OKAY. WE'LL HAVE THAT

MARKED AS THE FIRST EXHIBIT TO YOUR

DEPOSITION.

 

 

 

 

 

 

 

 

 

MR. BIGHAM PAGE 13

(THEREUPON, THE DOCUMENT REFERRED

TO BELOW WAS MARKED AS DEFENDANT'S

EXHIBIT NO. 1 - GARY N. BIGHAM

DEPOSITION - FOR IDENTIFICATION.)

Q. (BY MS. HOGAN) ON PAGE SIX OF YOUR NOTICE,

THERE'S A LIST OF DOCUMENTS, WHICH WE ASKED YOU TO

PRODUCE IN CONNECTION WITH YOUR DEPOSITION THAT'S BEING

TAKEN TODAY.

A. YES.

Q. AND I'D LIKE YOU TO GO THROUGH THAT LIST AND

TELL ME IF YOU HAVE, IN FACT, PRODUCED THE DOCUMENTS

THAT ARE RESPONSIVE THERETO. HAVE YOU PRODUCED THE

DOCUMENTS THAT ARE RESPONSIVE TO REQUEST NUMBER ONE?

A. YES, I BELIEVE A COPY OF MY CV WAS INCLUDED IN

THE PACKAGE THAT WENT TO YOU.

MR. SAMS: COULD I JUST MAKE ONE

INQUIRY, SO THAT THE RECORD IS CLEAR. WE

SUBMITTED, IN EFFECT, A JOINT PRODUCTION FOR

BOTH OF THE WITNESSES FROM PTI, BIGHAM AND

HENRY, AND I ASSUME THAT YOU RECEIVED THAT

PRODUCTION THAT CONTAINED BOTH OF THEM. IS

THAT CORRECT?

MS. HOGAN: I BELIEVE THAT'S THE WAY YOU

HAD IT LABELED.

 

 

 

 

 

 

 

 

 

MR. BIGHAM PAGE 14

MR. SAMS: RIGHT, OKAY.

Q. (BY MS. HOGAN) HAVE YOU PRODUCED THE ITEMS

RESPONSIVE TO REQUEST NUMBER TWO?

A. YES.

Q. HAVE YOU PRODUCED THE ITEMS RESPONSIVE TO

REQUEST NUMBER THREE?

A. YES.

Q. HAVE YOU PRODUCED ALL OF THE ITEMS RESPONSIVE

TO REQUEST NUMBER FOUR?

A. YES, THERE WEREN'T ANY.

Q. HAVE YOU PRODUCED ALL OF THE ITEMS RESPONSIVE

TO REQUEST NUMBER FIVE?

A. YES.

Q. HAVE YOU PRODUCED ALL THE ITEMS RESPONSIVE TO

REQUEST NUMBER SIX?

A. YES.

Q. AND THE SAME FOR REQUEST NUMBER SEVEN?

A. YES.

Q. ALL OF THE ITEMS RESPONSIVE TO REQUEST NUMBER

EIGHT?

A. YES.

Q. ALL OF THE ITEMS RESPONSIVE TO REQUEST NUMBER

NINE?

A. YES.

 

 

 

 

 

 

 

 

 

MR. BIGHAM PAGE 15

Q. THOSE RESPONSIVE TO NUMBER TEN?

A. YES.

Q. AND NUMBER 11?

A. YES.

Q. AND NUMBER 12?

A. YES.

Q. 13?

A. YES.

Q. 14?

A. YES.

Q. ALL ITEMS LISTED IN NUMBER 15?

A. YES.

Q. AND NUMBER 16?

A. YES.

Q. AND NUMBER 17?

A. YES.

Q. NUMBER 18?

A. YES.

Q. NUMBER 19?

A. YES.

Q. NUMBER 20?

A. YES.

Q. NUMBER 21?

A. YES.

 

 

 

 

 

 

 

 

 

MR. BIGHAM PAGE 16

Q. 22?

A. YES.

Q. 23?

A. YES.

Q. 24?

A. YES.

Q. THOSE LISTED IN 25?

A. YES.

Q. 26?

A. YES.

Q. 27?

A. YES.

Q. 28?

A. YES.

Q. 29?

A. YES.

Q. HAVE YOU PRODUCED ALL THE ITEMS LISTED IN

NUMBER 30?

A. YES.

Q. 31?

A. YES.

Q. 32?

A. YES.

Q. 33?

 

 

 

 

 

 

 

 

 

MR. BIGHAM PAGE 17

A. YES.

Q. THOSE LISTED IN 34?

A. YES.

Q. 35?

A. YES.

Q. 36?

A. YES.

Q. 37?

A. YES.

Q. THOSE LISTED IN 38?

A. YES.

Q. AND THE ITEMS THAT ARE LISTED IN 39?

A. YES.

MS. HOGAN: IN DR. HENRY'S DEPOSITION,

YOU HANDED ME A LIST OF ITEMS THAT WERE

PRIVILEGED, THAT WERE RETAINED BECAUSE OF THE

PRIVILEGE, MR. SAMS, AND DOES THAT LIST APPLY

TO MR. BIGHAM AS WELL?

MR. SAMS: YES.

MS. HOGAN: OKAY.

Q. (BY MS. HOGAN) DO YOU UNDERSTAND THAT YOU

HAVE BEEN DESIGNATED AS AN EXPERT WITNESS IN THESE

PROCEEDINGS?

A. YES, I DO.

 

 

 

 

 

 

 

 

 

MR. BIGHAM PAGE 18

Q. OKAY. ARE YOU FAMILIAR WITH WHAT AREAS AND

ISSUES YOU'LL BE RENDERING OPINIONS ABOUT IN THIS

MATTER?

A. YES, I AM.

Q. WHAT ARE THOSE AREAS?

A. THERE ARE SEVERAL, THE FIRST BEING THAT I HAVE

REVIEWED THE LITERATURE RELATED TO INFLUENCE OF

NUTRIENTS ON BIOACUMULATION OF MERCURY FROM THIS

COUNTRY, ELSEWHERE IN THE WORLD, AND ALSO IN FLORIDA;

AND BELIEVE THAT THERE IS A DEFINITE INFLUENCE OF

PHOSPHORUS ON MERCURY BIOACCUMULATION. I HAVE LOOKED

AT THE DATA AVAILABLE FOR THE EVERGLADES AND BELIEVE

THAT WE SEE THE SAME INFLUENCE IN THE EVERGLADES

SYSTEM. WE HAVE ALSO -- OR I HAVE ALSO EVALUATED THE

QUESTION OF WHETHER OR NOT THE STA'S MAY PRODUCE OR MAY

EXHIBIT THE SO-CALLED RESERVOIR EFFECT, WITH RESPECT TO

INCREASED METHYLMERCURY BEING GENERATED AS A RESULT OF

THE WETLAND TREATMENT SYSTEM. AND I BELIEVE THAT IT'S

VERY DIFFICULT TO REACH A VERY DEFINITE CONCLUSION OR

BE ABLE TO PREDICT EXACTLY WHAT IS GOING TO COME OUT IN

THE EFFLUENT FROM THOSE. HOWEVER, I DO THINK THAT, AT

BEST, THEY WOULD NOT CONSTITUTE A SOURCE OF

METHYLMERCURY TO THE DOWNSTREAM EVERGLADES. HOWEVER I

THINK THERE IS A DISTINCT POSSIBILITY THAT THEY COULD

 

 

 

 

 

 

 

 

 

MR. BIGHAM PAGE 19

BE A SOURCE OF MERCURY TO THE -- TO THE EVERGLADES.

Q. OKAY.

A. I THINK ON BALANCE, THAT GIVEN THE POTENTIAL

RISK POSED BY MERCURY TO HUMAN HEALTH AND WILDLIFE,

THAT THERE'S NO QUESTION BUT WHAT THIS SUBJECT SHOULD

BE EVALUATED FURTHER, BY FURTHER INVESTIGATION WITHIN

THE EVERGLADES SYSTEM.

Q. OKAY. I'M GOING TO HAND YOU ANOTHER DOCUMENT,

WHICH WE RECEIVED FROM THE COOP, WHICH IS A

SUPPLEMENTAL DESIGNATION OF EXPERT AND FACT WITNESSES.

I'D ASK IF YOU'RE FAMILIAR WITH THAT DOCUMENT?

A. YES.

MS. HOGAN: OKAY. WE'RE GOING TO MARK

THAT AS THE SECOND EXHIBIT TO YOUR

DEPOSITION.

(THEREUPON, THE DOCUMENT REFERRED

TO BELOW WAS MARKED AS DEFENDANT'S

EXHIBIT NO. 2 - GARY N. BIGHAM

DEPOSITION - FOR IDENTIFICATION.)

Q. (BY MS. HOGAN) OKAY. ACCORDING TO THE

SUPPLEMENTAL DESIGNATION, THE SUBJECT MATTER OF YOUR

EXPECTED TESTIMONY IS THE FATE, TRANSPORT, AND EFFECTS

OF CONTAMINANTS IN THE ENVIRONMENT. IS THAT YOUR

UNDERSTANDING?

 

 

 

 

 

 

 

 

 

MR. BIGHAM PAGE 20

A. YES.

Q. OKAY. THE SUBSTANCE OF THE FACTS AND OPINIONS

WILL BE THE INTERPRETATION OF THE RESULTS OF MERCURY

AND RELATED SAMPLING WITHIN THE EAA AND THE EPA; AND

POTENTIAL EFFECTS OF PROPOSED SWIM PLAN ON MERCURY

CONTAMINATION IN THE PROPOSED STA'S AND THE EPA. IS

THAT YOUR UNDERSTANDING?

A. YES.

Q. OKAY. ALL RIGHT, CAN YOU SUMMARIZE FOR US,

PLEASE, THE SUBSTANCE OF YOUR OPINIONS AS TO THE

CONSTRUCTION OF THE STA'S, AND THEIR EFFECT ON

METHYLMERCURY PRODUCTION?

A. I'VE NOT LOOKED SPECIFICALLY AT THE -- I GUESS

WHAT YOU'D CALL THE CONSTRUCTION OF THE STA'S. WE'VE

REALLY EVALUATED THAT POINT FROM THE STANDPOINT THAT IT

WILL BE A WETLAND. IT WILL BE AN IMPOUNDMENT. IT WILL

BE SOMETHING THAT'S RECEIVING PHOSPHORUS OR NUTRIENTS,

AND THAT IT WILL PROVIDE PROBABLY ADDITIONAL CARBON

SOURCES TO THE SEDIMENT THAT WILL PROBABLY CREATE --

END UP CREATING CONDITIONS THAT ARE CONDUCIVE TO

MERCURY METHYLATION.

Q. OKAY. WHEN YOU SAY YOU HAVEN'T LOOKED AT THE

CONSTRUCTION, WHAT DO YOU MEAN BY CONSTRUCTION?

A. WELL, I HAVEN'T REVIEWED THE EXACT DIMENSIONS

 

 

 

 

 

 

 

 

 

MR. BIGHAM PAGE 21

AND THE DESIGN, THE DETAILS OF THE DESIGN OF THE

SYSTEM.

Q. CAN YOU SUMMARIZE THE SUBSTANCE OF YOUR

OPINIONS AS TO THE CONSTRUCTION OF THE STA'S AND THEIR

EFFECT ON METHYLMERCURY BIOACCUMULATION; WOULD YOUR

ANSWER BE THE SAME?

A. WELL, AGAIN, NOT FROM THE CONSTRUCTION POINT

OF VIEW, BUT JUST FROM THE CONCEPTUAL POINT OF VIEW

THAT YOU HAVE A SETTLING BASIN, SO TO SPEAK, WHICH IS

THE TECHNOLOGY THAT WE'RE DEALING WITH, AND THE FACT

THAT THERE MAY BE ELEVATED METHYLMERCURY WITHIN THE

SYSTEM. THIS GETS TO BE THE VERY DIFFICULT THING TO

PREDICT, AS TO WHETHER THERE IS GOING TO BE INCREASED

BIOACCUMULATION OR NOT, WITHIN THE STA. THIS GETS AT A

VERY -- OR A SOMEWHAT DIFFICULT ISSUE OF BEING ABLE TO

PREDICT WHETHER THERE WILL BE A SUFFICIENT MASS OF

PARTICLES IN THE WATER COLUMN OF THE STA TO ABSORB THE

METHYLMERCURY, AND UNDERSTANDING AN EXACT MECHANISM AS

TO THEN HOW THAT METHYLMERCURY IS GOING TO GET INTO THE

FISH. THIS GETS TO THE HEART OF THE ISSUE OF HOW

PHOSPHORUS CAN AMELIORATE BIOACCUMULATION IN FISH

TISSUE. AND EXACTLY HOW THIS IS GOING TO HAPPEN IN THE

STA IS DIFFICULT TO PREDICT.

Q. ALL RIGHT. DO YOU HAVE AN OPINION AS TO THE

 

 

 

 

 

 

 

 

 

MR. BIGHAM PAGE 22

EFFECT OF PHOSPHORUS ON METHYLMERCURY PRODUCTION?

A. YES. I THINK THAT AS YOU ADD PHOSPHORUS TO

THE SYSTEM, YOU END UP INCREASING THE AMOUNT OF ORGANIC

CARBON IN THAT SYSTEM. AND THEN A CRITICAL OR AN

IMPORTANT STEP IS THAT CARBON THEN SETTLES OUT OF THE

WATER COLUMN AND TENDS TO ENRICH THE SEDIMENTS,

PROVIDING BOTH A CARBON SOURCE TO BACTERIA, AND ALSO

ANAEROBIC CONDITIONS THAT APPEAR TO BE CONDUCIVE TO

METHYLATION BY SULFATE REDUCING BACTERIA.

Q. OKAY. DO YOU HAVE AN OPINION AS TO THE

RESERVOIR EFFECT IN THE NORTHERN AREAS OF THE COUNTRY,

AND THE NORTHERN -- THE NORTHERN LAKES, WHAT THAT IS

CAUSED BY?

A. THE EXACT CAUSE DOES NOT APPEAR TO BE CLEAR.

MOST OF THE RESEARCH THAT HAS BEEN DONE ON THE

SO-CALLED RESERVOIR EFFECT IS MORE OR LESS SIMPLY

NOTING THAT WHEN YOU FLOOD NEW AREAS THAT YOU END UP

WITH ELEVATED METHYLMERCURY IN FISH TISSUE. THE EXACT

MECHANISM AND CAUSE IS NOT WELL ESTABLISHED.

Q. WHAT IS YOUR OPINION AS TO THAT EFFECT, THAT

NORTHERN RESERVOIR EFFECT, AND HOW IT RELATES TO

SUBTROPICAL WETLANDS, THE SUBTROPICAL STA'S?

A. WELL, I'M NOT AWARE OF ANY DIRECT OBSERVATIONS

OF THE RESERVOIR EFFECT IN SUBTROPICAL AREAS, BUT I DO

 

 

 

 

 

 

 

 

 

MR. BIGHAM PAGE 23

BELIEVE THAT ONE COULD REASONABLY EXPECT THE SAME KIND

OF PHENOMENON COULD OCCUR. THE DIFFICULTY IS, AS I

MENTIONED BEFORE, IN UNDERSTANDING JUST HOW THINGS LIKE

PHOSPHORUS COULD SERVE TO MITIGATE BIOACCUMULATION IN

AN ACTUAL STA. IT SHOULD BE EXPECTED; IT SHOULD BE

EVALUATED. IT'S VERY DIFFICULT TO PREDICT, RIGHT AT

THIS TIME.

Q. WHY WOULD YOU EXPECT IT TO HAVE THE SAME

EFFECT?

A. I SAY IT SHOULD BE EXPECTED BECAUSE THE

SO-CALLED RESERVOIR EFFECT HAS BEEN OBSERVED ELSEWHERE;

THEREFORE, ONE SHOULD CONSIDER THE PROPOSED STA'S IN

LIGHT OF THAT. BEING ABLE TO PREDICT THE ACTUAL

OUTCOME, THOUGH, IS DIFFICULT AND A SUBJECT THAT

REQUIRES MORE RESEARCH.

Q. I'M GOING TO HAND YOU ANOTHER DOCUMENT, AND

ASK IF YOU CAN IDENTIFY IT FOR THE RECORD, PLEASE?

A. THIS IS A COPY OF MY RESUME.

MS. HOGAN: OKAY. I'VE GOT THE SAME

DOCUMENT. WE'RE GOING TO MARK THAT AS THE

NEXT EXHIBIT TO YOUR DEPOSITION.

(THEREUPON, THE DOCUMENT REFERRED

TO ABOVE WAS MARKED AS DEFENDANT'S

EXHIBIT NO. 3 - GARY N. BIGHAM

 

 

 

 

 

 

 

 

 

MR. BIGHAM PAGE 24

DEPOSITION - FOR IDENTIFICATION.)

Q. (BY MS. HOGAN) HOW LONG HAVE YOU BEEN INVOLVED

IN THE SCIENTIFIC ANALYSIS OF MERCURY AND MERCURY

COMPOUNDS?

A. SINCE ABOUT 1989, THE FALL OF 1989.

Q. OKAY. DOES YOUR INVOLVEMENT INCLUDE WATER,

SOILS, AND SEDIMENT?

A. YES.

Q. OKAY. WHAT HAS BEEN THE NATURE OF YOUR

INVOLVEMENT?

A. I AM THE PROJECT MANAGER FOR A MAJOR

INVESTIGATION OF MERCURY CYCLING AND BIOACCUMULATION

IN ONONDAGA LAKE, WHICH IS LOCATED IN UPSTATE NEW

YORK.

Q. WHAT ARE THE DUTIES OF A PROJECT MANAGER; WHAT

DOES THAT ENCOMPASS?

A. WELL, BASICALLY TO BE THE PRINCIPAL

INVESTIGATOR IN CHARGE OF ALL ASPECTS OF THE

INVESTIGATION.

Q. OKAY. IS THE EXTENT OF YOUR INVOLVEMENT IN

THE ANALYSIS OF MERCURY AND METAL COMPOUNDS LISTED -- I

MEAN, LIMITED TO THE ONONDAGA LAKE?

A. THAT IS THE ONLY PROJECT INVOLVING NEW DATA

COLLECTION IN MERCURY THAT I'M INVOLVED WITH, YES.

 

 

 

 

 

 

 

 

 

MR. BIGHAM PAGE 25

Q. WHAT OTHER PROJECTS HAVE YOU BEEN INVOLVED

WITH, OTHER THAN THAT, OTHER THAN -- YOUR ANSWER

IMPLIED THAT AT PRESENT THAT'S WHAT YOU'RE DOING, BUT

HAVE YOU BEEN INVOLVED IN SOMETHING PRIOR?

A. I HAVE NOT BEEN INVOLVED IN ANY OTHER FIELD

DATA COLLECTION OF MERCURY-TYPE PROJECTS IN THE PAST,

NO.

Q. OKAY. HAVE YOU HAD ANY INVOLVEMENT IN OTHER

PROJECTS, NOT NECESSARILY FIELD DATA COLLECTION, BUT

OTHER PROJECTS OR OTHER STUDIES, REGARDING---

A. RELATED TO MERCURY?

Q. TO MERCURY.

A. YES, I HAVE.

Q. AND WHAT ARE THOSE?

A. WE RECENTLY COMPLETED A PROJECT FOR ALCOA THAT

WAS A REVIEW OF MERCURY CYCLING AND BIOACCUMULATION

LITERATURE THAT I WORKED WITH BETSY HENRY ON.

Q. OKAY. ANY OTHER PROJECTS THAT YOU WORKED ON?

A. NO.

Q. SO, YOU'VE NOT HAD ANY INVOLVEMENT IN THE

ANALYSIS OR STUDY OF MERCURY AND MERCURY COMPOUNDS IN

WETLANDS?

A. NO, I HAVE NOT.

Q. WETLAND AREAS?

 

 

 

 

 

 

 

 

 

MR. BIGHAM PAGE 26

A. NONE IN WETLANDS, NO.

Q. IS ONONDAGA A LAKE OR A RESERVOIR?

A. IT'S A LAKE.

Q. OKAY. HAVE YOU HAD ANY INVOLVEMENT IN THE

STUDY OF -- AN ANALYSIS OF MERCURY AND MERCURY

COMPOUNDS IN RESERVOIRS, MAN-MADE RESERVOIRS?

A. NO. ONLY AN EVALUATION OF THE LITERATURE FROM

THOSE KINDS OF PROJECTS.

Q. OKAY. HAVE YOU PUBLISHED ANY WORKS

REGARDING MERCURY, OR MERCURY METHYLATION, OR MERCURY

COMPOUNDS?

A. YES, I'M THE CO-AUTHOR OF TWO POSTERS THAT

WERE PRESENTED AT THE SETAC CONFERENCE LAST YEAR, OR

THE SOCIETY OF ENVIRONMENTAL TOXICOLOGY AND CHEMISTRY,

REGARDING SOME OF OUR RESULTS FROM ONONDAGA LAKE.

Q. WHAT'S A POSTER?

A. IT'S A FORM OF PRESENTATION AT A CONFERENCE.

YOU PUT YOUR INFORMATION ONTO A POSTER, THAT'S, AS THE

NAME IMPLIES, THAT'S PUT ON A WALL; AND THAT

INFORMATION IS AVAILABLE TO SPEAK WITH OTHERS WHO ARE

INTERESTED IN DISCUSSING IT, RATHER THAN -- AS OPPOSED

TO A SPEECH OR PRESENTATION.

Q. OH, OKAY. IT'S NOT A PUBLICATION, IT'S NOT A

PAPER OR A REPORT?

 

 

 

 

 

 

 

 

 

MR. BIGHAM PAGE 27

A. IT'S A FORM OF A REPORT OR A PAPER. IT

CONVEYS RESULTS OF A PROJECT, AS A TALK AT A CONFERENCE

WOULD.

Q. OKAY.

A. AND WE -- I SHOULD ADD, WE PRODUCED COPIES OF

THE TEXT AND GRAPHICS FROM THAT POSTER.

Q. IN THE PRODUCTION?

A. YES.

Q. BUT OTHER THAN THAT, DO YOU HAVE ANY PUBLISHED

WORKS?

A. ONLY PROJECT-RELATED MATERIALS. THEY WOULDN'T

QUALIFY AS PUBLISHED TECHNICAL LITERATURE.

Q. OKAY. DO YOU HAVE ANY PUBLISHED WORKS

REGARDING THE EFFECTS OF PHOSPHORUS OR PHOSPHATE?

A. NO, I DON'T.

Q. HAVE YOU BEEN INVOLVED IN THE ANALYSIS OF

PHOSPHORUS IN ANY OTHER AQUATIC ENVIRONMENTS?

A. IT HAS COMMONLY COME UP IN PROJECTS IN THE

PAST. I CAN'T THINK OF A SPECIFIC EXAMPLE WHERE IT

MIGHT HAVE BEEN A MAJOR ISSUE, BUT THE---

Q. OKAY. DO YOU BELIEVE THAT YOUR BACKGROUND IS

MORE THE STUDY OF FRESHWATER NORTHERN LAKES; IS THAT

YOUR BACKGROUND?

A. NO, MY BACKGROUND IS FAR MORE VARIED THAN

 

 

 

 

 

 

 

 

 

MR. BIGHAM PAGE 28

THAT. I'VE DONE A NUMBER OF INVESTIGATION IN MARINE

WATERS, ESTUARINE WATERS, FRESHWATERS, RIVERS, LAKES,

GROUNDWATER, NORTHERN LATITUDES, SOUTHERN LATITUDES,

NORTH AMERICA, MIDDLE EAST.

Q. WHAT IS YOUR UNDERSTANDING OF THE MECHANISMS,

CHEMICAL, BIOLOGICAL AND PHYSICAL, INVOLVED IN MERCURY

BIOACCUMULATION IN BIOTA IN THE NORTHERN LAKE THAT

YOU'VE STUDIED?

A. LET ME ANSWER THAT WITH REFERENCE TO ONONDAGA

LAKE, WHICH IS THE SYSTEM THAT IS THE ONE THAT I'M MOST

FAMILIAR WITH. IT'S ALSO THE SYSTEM, I THINK, THAT'S

MOST RELEVANT TO THE EVERGLADES. WE FIND THAT MERCURY

CAN BE METHYLATED WITHIN SEDIMENTS. WE'VE ALSO FOUND

THAT MERCURY CAN BE METHYLATED WITHIN THE WATER COLUMN,

WHERE THERE'S AN ABSENCE OF DISSOLVED OXYGEN. WE FIND

THAT PARTICLES IN THE WATER COLUMN PLAY AN EXTREMELY

IMPORTANT INFLUENCE ON THE LINKAGE BETWEEN MERCURY THAT

IS -- METHYLMERCURY THAT'S BEING GENERATED AND

BIOACCUMULATION. THAT IS, IT DOES APPEAR THAT THE FACT

THAT MERCURY ADSORBS TO PARTICLES AND THEN SETTLES BACK

TO THE SEDIMENT, OR IT'S RECYCLED BACK TO THE SEDIMENT,

IS A VERY STRONG AMELIORATING INFLUENCE ON

BIOACCUMULATION. IT APPEARS THAT IN OUR ONONDAGA LAKE

SYSTEM, THAT MERCURY -- THE METHYLMERCURY THAT IS NOT

 

 

 

 

 

 

 

 

 

MR. BIGHAM PAGE 29

RECYCLED, WILL ADSORB IN ONE MANNER OR ANOTHER, TO

ORGANIC AND INORGANIC PARTICLES IN THE WATER COLUMN,

WHICH ARE THEN CONSUMED BY FISH, WHICH ARE IN TURN

CONSUMED BY FISH-EATING FISH, WHICH LEADS TO

BIOACCUMULATION.

Q. OKAY. IF ONONDAGA IS A LAKE, AND THE

RESERVOIR EFFECT IS APPLICABLE TO RESERVOIRS, DO YOU

SEE THE RESERVOIR EFFECT IN ONONDAGA LAKE?

A. NO. THE CONCEPT IS NOT RELEVANT TO ONONDAGA

LAKE BECAUSE IN THAT CASE, IT IS AN ESTABLISHED LAKE,

AND YOU -- YOU'RE NOT FLOODING WHAT WERE PREVIOUSLY

SOILS. THE BOTTOM OF THE LAKE HAS ALWAYS BEEN

SEDIMENTS. THE BOTTOM OF THE LAKE IS NOT RECENT

SOIL.

Q. OKAY. WHAT IS YOUR UNDERSTANDING OF THE

MECHANISM -- THE MECHANISMS, CHEMICAL, BIOLOGICAL AND

PHYSICAL, INVOLVED IN MERCURY BIOACCUMULATION IN BIOTA,

IN RESERVOIRS?

A. I THINK IT'S VERY SIMILAR TO THE CHAIN OF

EVENTS THAT I DESCRIBED WITH RESPECT TO ONONDAGA LAKE.

THE DIFFERENCES ARE -- RELATE TO THE FACT THAT IN

RESERVOIRS, IT APPEARS THAT THERE IS AN ENRICHMENT IN

THE SOIL/SEDIMENT, AN ENRICHMENT OF TERRIGENOUS ORGANIC

MATTER, WHICH MAY FAVOR BACTERIAL ACTIVITY. THEN AS

 

 

 

 

 

 

 

 

 

MR. BIGHAM PAGE 30

FAR AS THE IMPORTANCE OF PARTICLES IN THE WATER COLUMN,

IN MOST CASES, THOSE INVESTIGATIONS DID NOT INCLUDE

COMPLETE INFORMATION ON THE REST OF THE BEHAVIOR OF

MERCURY IN THE WATER COLUMN.

Q. OKAY. HAVE YOU BEEN CONSULTED BY OTHERS FOR

YOUR ANALYSIS OF MERCURY PROBLEMS IN RESERVOIRS?

A. NO, I HAVE NOT.

Q. AND OTHER THAN, EXCUSE ME, ONONDAGA LAKE, HAVE

YOU BEEN CONSULTED BY OTHERS IN CONNECTION WITH THE

MERCURY PROBLEMS IN NORTHERN LAKES?

A. WE, BY WHICH I MEAN MYSELF AND OTHERS IN PTI,

HAVE RECENTLY SUBMITTED A PROPOSAL TO A COUNTY

ORGANIZATION IN OREGON WITH RESPECT TO PREDICTING

MERCURY IN A NEW RESERVOIR, BUT THEY HAVE NOT SELECTED

A CONTRACTOR. AND I DON'T KNOW IF WE'LL ULTIMATELY BE

WHAT YOU MIGHT CALL CONSULTED ON THAT MATTER.

Q. WHAT'S THE NAME OF THAT RESERVOIR?

A. I DON'T RECALL THE NAME OF IT RIGHT NOW, BUT

IT'S WITH DOUGLAS COUNTY, OREGON.

Q. THIS RESERVOIR HASN'T BEEN CONSTRUCTED YET?

A. NO.

Q. WHEN IS IT PLANNED TO BE CONSTRUCTED?

A. WELL, I THINK BASICALLY AS SOON AS THEY CAN

RESOLVE THE MERCURY ISSUE. I THINK -- IT'S MY

 

 

 

 

 

 

 

 

 

MR. BIGHAM PAGE 31

UNDERSTANDING IS IT'S BEING -- FINAL APPROVAL IS BEING

WITHHELD, UNTIL THEY CAN EVALUATE WHETHER OR NOT THERE

WILL BE A PROBLEM IN THE RESERVOIR WITH RESPECT TO

MERCURY. THERE IS ALSO SOME MERCURY-BEARING MINE

TAILINGS WITHIN THE DRAINAGE BASIN THAT'S A POINT OF

CONCERN.

Q. MERCURY WHAT?

A. SOME -- THERE'S A MERCURY, HISTORIC MERCURY

MINE.

Q. DID YOU SAY BAILING?

A. TAILINGS.

Q. TAILINGS?

A. YEAH, T-A-I-L-I-N-G. IT'S---

Q. WHICH MEANS?

A. ---SOLID WASTE FROM MINING OPERATION.

Q. AND YOU HAVE A PROPOSAL IN FOR THE -- FOR THIS

OREGON RESERVOIR PROJECT?

A. CORRECT.

Q. OKAY. WAS THAT PROPOSAL PRODUCED---

A. NO.

Q. ---IN CONNECTION WITH YOUR DEPOSITION?

A. NO, IT WAS NOT, BECAUSE IT HAS NOTHING TO DO

WITH THE EVERGLADES; AND THAT'S STATED IN THE

PRODUCTION REQUEST.

 

 

 

 

 

 

 

 

 

MR. BIGHAM PAGE 32

Q. DO YOU HAVE ANY OTHER PROPOSALS IN TO STUDY

ANY OTHER RESERVOIRS?

A. NO, WE DO NOT.

Q. HAVE YOU BEEN CONSULTED FOR ANY OTHER

RESERVOIRS?

A. WITH REGARD TO MERCURY?

Q. UH-HUH (YES).

A. NO.

Q. I'M SORRY. ARE YOU AWARE OF ANY WETLANDS,

EUTROPHIC WETLANDS, WHICH ARE EXPERIENCING INCREASED

RATES OF MERCURY METHYLATION?

A. NO, I'M NOT AWARE OF ANY EUTROPHIC WETLANDS.

Q. ARE YOU AWARE OF ANY EUTROPHIC WETLANDS WHICH

ARE EXPERIENCING INCREASED BIOACCUMULATION OF

METHYLMERCURY AND BIOTA?

A. I BELIEVE THERE ARE SOME WETLANDS IN THE NEW

JERSEY AREA THAT ARE -- I'VE SEEN SOME LIMITED

LITERATURE ON -- THEY ARE ACTUALLY AN ESTUARINE

SYSTEM, WHERE THAT'S -- THAT'S CONTAMINATED WITH

MERCURY, AND THERE'S BEEN SOME EVALUATION OF

METHYLATION AND SOME ELEVATED BIOACCUMULATION HAS BEEN

NOTICED.

Q. IS AN ESTUARINE SYSTEM THE SAME AS A WETLAND

SYSTEM?

 

 

 

 

 

 

 

 

 

MR. BIGHAM PAGE 33

A. WELL, IT'S -- I'M SORRY, IT'S LIKE A SALTWATER

MARSH.

Q. OH. AND WHAT PROBLEMS ARE THEY EXPERIENCING;

THE LITERATURE WAS SAYING THEY WERE EXPERIENCING?

A. THERE HAVE BEEN OBSERVATIONS OF ENHANCED

BIO -- OR ELEVATED MERCURY IN FISH TISSUE.

Q. WHAT ARE THEY SAYING THE CAUSE OF THAT IS?

A. HISTORICAL INDUSTRIAL DISCHARGES.

Q. DO YOU KNOW OF ANY OTHER SALTWATER MARSH

SYSTEMS OR EUTROPHIC WETLANDS WHICH ARE EXPERIENCING

INCREASED BIOACCUMULATION OF METHYLMERCURY IN BIOTA?

A. OTHER THAN THE EVERGLADES, NO.

Q. ARE THE EVERGLADES A EUTROPHIC WETLAND?

A. IN GENERAL, NO.

Q. IS IT A SALTWATER MARSH?

A. NO.

Q. ARE YOU AWARE OF ANY OLIGOTROPHIC WETLANDS

WHICH ARE EXPERIENCING INCREASED MERCURY

METHYLATION?

A. NO, I'M NOT.

Q. ARE YOU AWARE OF ANY OLIGOTROPHIC WETLANDS

WHICH ARE EXPERIENCING INCREASED BIOACCUMULATION OF

METHYLMERCURY IN BIOTA?

A. COULD YOU SAY THAT AGAIN, PLEASE?

 

 

 

 

 

 

 

 

 

MR. BIGHAM PAGE 34

Q. SURE. ARE YOU AWARE OF ANY OLIGOTROPHIC

WETLANDS WHICH ARE EXPERIENCING INCREASED

BIOACCUMULATION OF METHYLMERCURY IN BIOTA?

A. NO, I'M NOT.

Q. HAVE YOU BEEN CONSULTED ON THE NEW JERSEY

ESTUARINE SYSTEM---

A. NO.

Q. ---PROBLEMS?

A. NO.

Q. OKAY. PRIOR TO YOUR INVOLVEMENT IN THIS

LITIGATION, HAVE YOU EVER STUDIED THE FLORIDA

EVERGLADES AQUATIC SYSTEM?

A. NO, I HAVE NOT.

Q. CAN YOU DESCRIBE THE MORPHOLOGY OF THE

EVERGLADES AQUATIC SYSTEM?

A. YES. FROM MY READINGS IN THE LAST SEVERAL

WEEKS, IT'S CERTAINLY AN INTERESTING AND DIVERSE ONE.

IT'S A VERY LOW GRADIENT SYSTEM THAT IS FROM THE NORTH

END TO THE SOUTH END THE ELEVATION DIFFERENCE IS ON

THE ORDER OF TEN FEET OR SO. SO, IT'S VERY FLAT. IT'S

BEEN DIVIDED UP SOMEWHAT IN A SERIES OF LEVEES AND

CANALS TO HELP DIRECT THE FLOW OF WATER THROUGHOUT THE

SYSTEM.

Q. WHAT KINDS OF ANIMALS ARE PRESENT IN THE

 

 

 

 

 

 

 

 

 

MR. BIGHAM PAGE 35

EVERGLADES?

A. IT'S A -- IT APPEARS TO BE A VERY DIVERSE

WETLANDS ECOSYSTEM, MUCH OF IT BASED ON DETRITUS, AND

TO SOME DEGREE ON OTHER PRIMARY PRODUCERS TYPICAL OF

PELAGIC SYSTEMS. THERE ARE, THEN, THE PERIPHYTON SEEMS

TO BE A SOMEWHAT UNIQUE BUT A VERY IMPORTANT COMMUNITY

OF ALGAE AND ASSOCIATED MACROINVERTEBRATES. THEN THERE

IS A WIDE ARRAY OF HIGHER LEVEL CONSUMERS OF, YOU KNOW,

OF VARIOUS FISH SPECIES AND PLANKTIVORES AND PISCIVORES

FISH SPECIES. AND THEN A WIDE ARRAY OF WILDLIFE,

ESPECIALLY AVIAN SPECIES THAT CONSUME THOSE FISH. THE

MAMMALIAN PISCIVORES INCLUDE ANIMALS LIKE RACCOONS AND,

OF COURSE, HIGHER UP ON THE FOOD CHAIN IS THE NOTORIOUS

PANTHER.

Q. WHAT KINDS OF PLANTS AND VEGETATION ARE

PRESENT WITHIN THE EVERGLADES?

A. THE AQUATIC PLANT COMMUNITY IS DOMINATED BY

SAWGRASS, OF COURSE. AND THERE'S ALSO, IN CERTAIN

PARTS OF THE AREA, CATTAILS, OR MIXED SAWGRASS/CATTAIL

COMMUNITY SEEMS TO BE AN IMPORTANT OR A MAJOR PART OF

THE PLANT COMMUNITY.

Q. DO YOU BELIEVE THAT THERE IS A MERCURY PROBLEM

IN THE EVERGLADES SYSTEM?

A. YES, I DO BELIEVE THERE IS A MERCURY PROBLEM

 

 

 

 

 

 

 

 

 

MR. BIGHAM PAGE 36

IN THE EVERGLADES.

Q. AND IN GENERAL TERMS, WHAT DO YOU REGARD AS

THE EXISTING MERCURY PROBLEM IN THE EVERGLADES?

A. THE EVIDENCE THAT I'VE RECENTLY SEEN

INDICATES THAT IN SOME PISCIVOROUS FISH SPECIES, THAT

MERCURY CONCENTRATIONS EXCEED ONE PART PER MILLION.

IN SOME CASES TWO AND OVER THREE PARTS PER MILLION,

WHICH I CONSIDER TO BE HIGH, AND ESPECIALLY IN AN

EVERGLADES-TYPE SYSTEM A POTENTIAL RISK TO WILDLIFE.

IT CAN ALSO POSE A PUBLIC HEALTH RISK, IF -- TO

INDIVIDUALS EATING FREQUENT MEALS OF THESE FISH.

Q. DO YOU KNOW THE DISTRIBUTION OF THESE FISH IN

THE SYSTEM?

A. MOST OF THE SAMPLES THAT HAVE BEEN COLLECTED

SO FAR ARE FROM THE CANALS. THE DATA THAT I'M MOST

FAMILIAR WITH ARE THOSE COLLECTED UNDER THE EPA'S EMAP

PROGRAM. THERE'S ALSO SOME DATA FROM THE FLORIDA FISH

AND GAME. IT'S NOT CLEAR TO ME THE DISTRIBUTION OF THE

FLORIDA FISH AND GAME SAMPLES YET. THAT'S SOMETHING

I'M STILL LOOKING AT. FROM THE EMAP DATA, HOWEVER,

MOST OF THE HIGHLY ELEVATED FISH CONCENTRATIONS SEEM TO

BE FROM THE SOUTHERN PART OF THE SYSTEM, THAT IS, NEAR

THE EVERGLADES NATIONAL PARK.

Q. SO YOU'RE SAYING, IT'S YOUR UNDERSTANDING THAT

 

 

 

 

 

 

 

 

 

MR. BIGHAM PAGE 37

THE HIGH LEVELS OF MERCURY ARE FOUND IN FISH IN THE

CANAL SYSTEM?

A. MOST OF THE SAMPLES I RECALL, I BELIEVE, WERE

FROM CANALS, YES.

Q. ARE YOU FAMILIAR WITH THE HYDROLOGY OF THE

EVERGLADES?

A. IN GENERAL, YES.

Q. CAN YOU JUST BRIEFLY DESCRIBE THAT?

A. THE SYSTEM OF COURSE STARTS AT LAKE

OKEECHOBEE, WHERE THE WATERS FLOW GENERALLY SOUTHWARD

WHERE THEY'RE UTILIZED IN THE EVERGLADES AGRICULTURAL

AREA, AND SOMEWHAT REGULATED BY THAT AREA. FLOWS

PROCEED THROUGH A SYSTEM OF CANALS THEN TO THE WATER

CONSERVATION AREAS, OF WHICH THERE ARE THREE. THERE

IS -- APPEARS TO BE CONSIDERABLE INTERACTION BETWEEN

SURFACE WATER AND GROUNDWATER, THAT IS THAT SURFACE

WATER IS RECHARGING THE GROUNDWATER, ESPECIALLY ON

THE EASTERN SIDE OF THE WATER CONSERVATION AREAS.

RAINFALL IS A VERY IMPORTANT SOURCE OF WATER TO THIS

SYSTEM. IN FACT, SO MUCH SO THAT AS YOU GET TO THE

SOUTHERN END OF THE SYSTEM, YOU'RE LARGELY DEALING

WITH RAINWATER, AS OPPOSED TO WATER THAT ORIGINALLY

LEFT THE LAKE OKEECHOBEE AND AGRICULTURAL AREA.

Q. I BELIEVE THAT WE PREVIOUSLY DISCUSSED THE

 

 

 

 

 

 

 

 

 

MR. BIGHAM PAGE 38

MECHANISMS INVOLVING BIOACCUMULATION OF MERCURY INTO

BIOTA. DO YOU BELIEVE THAT THE -- THAT THAT PROCESS IS

THE SAME IN EVERY AQUATIC ENVIRONMENT?

A. I THINK THE EXACT MECHANISM IS STILL NOT

COMPLETELY UNDERSTOOD, AND THAT EACH ENVIRONMENT IS

GOING TO -- OR LET ME RESTATE THAT. I BELIEVE THERE IS

A MECHANISM THAT IS CONSISTENT AMONG ALL ENVIRONMENTS

THAT WE DO NOT COMPLETELY UNDERSTAND. THERE WILL BE

DIFFERENCES FROM ONE SYSTEM TO ANOTHER, IN TERMS OF HOW

MUCH MERCURY IN FISH TISSUE ONE GETS PER UNIT MERCURY

IN WATER, OR IN SEDIMENT, OR IN PLANKTON, THAT TYPE OF

THING. BUT YET THE PROCESS OF BIOACCUMULATION OF

MERCURY IS GOING TO BE PRESENT IN VIRTUALLY EVERY

SYSTEM.

Q. DO YOU BELIEVE THAT WE HAVE AN UNDERSTANDING

OF THE BIOACCUMULATION OF METHYLMERCURY -- DO WE HAVE

AN UNDERSTANDING OF THAT PROCESS THAT'S PRESENTLY

OCCURRING IN THE EVERGLADES?

A. WELL, THERE HAVE BEEN SOME OBSERVATIONS OF

MERCURY IN FISH TISSUE, WHICH CERTAINLY INDICATES THAT

THERE'S BIOACCUMULATION GOING ON. I DON'T BELIEVE THAT

THE -- THERE'S A COMPLETE UNDERSTANDING OF EXACTLY HOW

THAT OCCURS. FOR EXAMPLE, EXACTLY THE ROLE OF VARIOUS

REGULATING MECHANISMS ON BIOACCUMULATION.

 

 

 

 

 

 

 

 

 

MR. BIGHAM PAGE 39

Q. WHAT REGULATING MECHANISMS ARE YOU REFERRING

TO?

A. WELL, THERE'S A LONG LIST OF THINGS. AN

IMPORTANT ONE WOULD BE THE INFLUENCE OF PHOSPHORUS, FOR

EXAMPLE, AND DEGREE OF EUTROPHICATION ON

BIOACCUMULATION.

Q. WHAT OTHER MECHANISMS?

A. UM---

Q. EXCUSE ME, WHAT OTHER REGULATORS?

A. OH, OTHER POTENTIAL REGULATORS IN THIS SYSTEM

WOULD BE, FOR EXAMPLE, DISSOLVED OXYGEN AND HOW THAT

MIGHT INFLUENCE THE BACTERIAL COMMUNITY -- WELL, BIOTIC

AND ABIOTIC FACTORS THAT LEAD TO MERCURY METHYLATION.

Q. DO YOU KNOW THE -- EXCUSE ME. DO YOU KNOW

WHAT THE LIMITING FACTORS CONTROLLING BACTERIAL

ACTIVITY IN THE EVERGLADES MARSH ARE?

A. I WOULD PRESUME THAT ONE OF THE MOST IMPORTANT

ONES WOULD BE AVAILABLE ORGANIC CARBON, IN THAT THE

INFORMATION I HAVE RECENTLY READ INDICATES THAT THE

PEAT PROVIDES -- OR THE ORGANIC CARBON PRESENT IN THE

PEAT IS SOMEWHAT REFRACTORY, AND THAT BIOAVAILABLE

ORGANIC CARBON WOULD BE A POTENTIAL CONTROLLING

PARAMETER.

Q. DO YOU KNOW OF ANY OTHER LIMITING FACTORS?

 

 

 

 

 

 

 

 

 

MR. BIGHAM PAGE 40

A. OF COMPARABLE IMPORTANCE -- WELL, TEMPERATURE

WOULD BE ANOTHER CONTROLLING FACTOR OF BACTERIAL

ACTIVITY.

Q. ANYTHING ELSE?

A. NO.

Q. IS IT TRUE THAT BIODILUTION IS SOMETHING THAT

OCCURS IN ALL SYSTEMS?

A. YES, I THINK IT CAN. FIRST OF ALL, MAKE SURE

WE'RE CLEAR ON WHAT BIODILUTION IS. BIODILUTION, I

BELIEVE, OCCURS AT THE LEVEL OF THE PRIMARY PRODUCERS,

OR ACTUALLY OF PARTICLES, BOTH ORGANIC AND INORGANIC,

AND REFERS TO THE FACT THAT GIVEN A MASS OF MERCURY

DISSOLVED IN WATER, THAT IT WILL TEND TO ADSORB ONTO

THE AVAILABLE PARTICLES. AND AS YOU CAN EASILY IMAGINE

THE MORE PARTICLES WE PUT INTO THAT SYSTEM, THE FURTHER

THE AVAILABLE MASS OF MERCURY HAS TO SPREAD ITSELF,

SUCH THAT THE CONCENTRATION OF METHYLMERCURY ON THOSE

PARTICLES IS SMALLER OR IS, IN OTHER WORDS, DILUTED BY

THE AVAILABLE NUMBER OF PARTICLES. AND IN EUTROPHIC

SYSTEMS, WE'RE USUALLY TALKING ABOUT BIOGENIC PARTICLES

OR PLANKTON; OR IN THE EVERGLADES, IT COULD BE

PERIPHYTON.

Q. DO YOU KNOW WHAT THE SOURCES OF MERCURY ARE IN

THE EVERGLADES?

 

 

 

 

 

 

 

 

 

MR. BIGHAM PAGE 41

A. THE PRINCIPAL SOURCE APPEARS TO BE AERIAL

DEPOSITION.

Q. ARE THERE ANY SOURCES, POTENTIAL SOURCES?

A. OTHER POTENTIAL SOURCES ARE THE MERCURY THAT'S

ALREADY SEQUESTERED IN THE SEDIMENTS IN THE SYSTEM.

Q. ANY OTHER SOURCES?

A. NOT THAT I'M AWARE OF.

Q. WHAT IS YOUR OPINION ON THE RELATIONSHIP

BETWEEN PHOSPHORUS AND THE PRODUCTION OF METHYLMERCURY

IN THE EVERGLADES?

A. WELL, I THINK IN CERTAIN PORTIONS OF THE

EVERGLADES, FOR EXAMPLE, IN A -- PROBABLY WITHIN AN

STA, OR ANY PLACE WHERE YOU'LL HAVE FAIRLY HIGH

CONCENTRATIONS OF PHOSPHORUS THAT YOU CAN PRODUCE

ADDITIONAL PHYTOPLANKTON OR BIOLOGICAL MATTER THAT

ULTIMATELY SETTLES INTO THE SEDIMENTS, WHICH CAN

PROVIDE CONDITIONS THAT ARE OPTIMUM FOR METHYLATION.

Q. HAVE YOU EVER BEEN TO THE FLORIDA

EVERGLADES?

A. NO, I HAVE NOT.

Q. HAS A MERCURY PROBLEM BEEN USED ANYWHERE THAT

YOU KNOW OF TO STOP CORRECTIVE ACTION FOR NUTRIENT

POLLUTION?

MR. SAMS: OBJECT TO THE FORM.

 

 

 

 

 

 

 

 

 

MR. BIGHAM PAGE 42

A. NOT THAT I'M AWARE OF. I MIGHT ADD THAT THE

OPPOSITE HAS BEEN PROPOSED, THAT IS TO ADD PHOSPHORUS

IN SOME CASES WHERE THERE WAS A MERCURY PROBLEM.

Q. WHY?

A. IT WAS PROPOSED THAT NUTRIENT ADDITION MIGHT

LIMIT MERCURY BIOACCUMULATION. IT'S BEEN PROPOSED FOR

SOME LAKES IN SWEDEN, ALSO FOR A SYSTEM WITH INDUSTRIAL

POLLUTION OF MERCURY IN CANADA.

Q. DO YOU KNOW WHAT THE LAKE IN SWEDEN IS, THE

NAME OF IT IS?

A. I BELIEVE IT WAS ACTUALLY A GENERAL

RECOMMENDATION. THEY HAVE A LARGE NUMBER OF LAKES WITH

MERCURY BIOACCUMULATION PROBLEMS.

Q. WAS THE RECOMMENDATION IMPLEMENTED?

A. I DON'T KNOW.

Q. WHEN WAS THIS PROPOSED?

A. IT WAS IN A PAPER THAT I BELIEVE APPEARED IN

THE EIGHTIES. I DON'T RECALL THE EXACT REFERENCE.

Q. BUT YOU DON'T KNOW WHETHER THEY IMPLEMENTED

THE RECOMMENDATION OR NOT?

A. NO, I DO NOT.

Q. WHAT WOULD BE AN ARGUMENT AGAINST THAT

RECOMMENDATION; WHY WOULDN'T IT BE IMPLEMENTED?

MR. SAMS: IF YOU KNOW.

 

 

 

 

 

 

 

 

 

MR. BIGHAM PAGE 43

A. I DON'T KNOW. I'M NOT THAT FAMILIAR WITH THE

EXACT CASE TO -- I'M NOT AWARE OF ALL OF THE ARGUMENTS

AND PRO AND CON. I KNOW THAT -- I JUST KNOW THAT IT

WAS PROPOSED IN A COUPLE OF CASES.

Q. AND WHAT WAS THE SECOND CASE, WHERE WAS THE

SECOND AREA?

A. IN ONTARIO, CANADA.

Q. DO YOU KNOW IF THE RECOMMENDATION WAS

IMPLEMENTED THERE?

A. NO, I DO NOT KNOW.

Q. DO YOU KNOW WHEN THAT RECOMMENDATION WAS

MADE?

A. I THINK THAT WAS ALSO IN THE EIGHTIES. I'M

NOT SURE OF THE EXACT CITATION.

Q. AND YOU BECAME AWARE OF IT IN WHAT MATTER,

READING---

A. WELL, I'VE BEEN AWARE OF IT, BECAUSE THROUGH

OUR STUDIES OF ONONDAGA LAKE, IT HAS TURNED OUT THAT

THE ISSUE OF PHOSPHORUS AND ITS INTERACTION WITH

MERCURY IS VERY IMPORTANT TO THAT SYSTEM, IN THAT

ONONDAGA LAKE IS A EUTROPHIC LAKE. TO UNDERSTAND, OR

TO BE ABLE TO MAKE A COMPARISON BETWEEN THAT LAKE AND

MANY OF THE OTHER LAKES THAT HAVE BEEN STUDIED IN THE

LITERATURE, YOU QUICKLY REALIZE THAT PHOSPHORUS AND THE

 

 

 

 

 

 

 

 

 

MR. BIGHAM PAGE 44

ISSUE OF INFLUENCE OF EUTROPHICATION IS ONE OF THE KEY

DIFFERENCES OR KEY REASONS FOR THE DIFFERENCES WE SEE

IN ONONDAGA LAKE AND MORE OLIGOTROPHIC LAKE SYSTEMS

THAT HAVE BEEN EXTENSIVELY STUDIED.

Q. ARE YOU GENERALLY FAMILIAR WITH THE STORMWATER

TREATMENT AREAS THAT HAVE BEEN PROPOSED IN THE

EVERGLADES SWIM PLAN?

A. GENERALLY FAMILIAR, YES.

Q. OKAY. WHAT IS YOUR BASIC UNDERSTANDING AS TO

HOW THEY'LL FUNCTION AND WHAT THEIR PURPOSE WILL BE?

A. THEIR PURPOSE IS TO REMOVE PHOSPHORUS FROM

STORMWATER, AND THEIR FUNCTION IS TO ACT AS BOTH A

SETTLING BASIN AND A NUTRIENT REMOVAL THROUGH WETLAND

VEGETATION.

Q. OKAY. WHAT PRIOR EXPOSURE HAVE YOU HAD TO

WETLAND TREATMENT AREAS?

A. ONLY VERY GENERAL, SOME LIMITED READING OF THE

LITERATURE ON THE SUBJECT.

Q. ARE YOU AWARE OF THE ARGUMENTS AGAINST THE

CONSTRUCTION OF THE STA'S?

A. PROBABLY NOT ALL OF THEM.

Q. OF THE ONES WHICH YOU ARE AWARE, WHAT IS YOUR

UNDERSTANDING OF THE ARGUMENT AGAINST THE STA'S?

A. I'M AWARE THAT THERE'S SOME DISAGREEMENT ON

 

 

 

 

 

 

 

 

 

MR. BIGHAM PAGE 45

THEIR EFFECTIVENESS, AND WHETHER THEY WILL BE EFFECTIVE

IN REMOVING PHOSPHORUS AS SET OUT IN THE OBJECTIVES OF

THE PLAN.

Q. ALL RIGHT. WHAT ARE SOME CRITICISMS AS TO THE

EFFECTIVENESS, AND WHAT WAYS WON'T THEY BE EFFECTIVE?

MR. SAMS: OBJECT TO THE FORM.

A. I'M REALLY ONLY FAMILIAR IN A GENERAL WAY.

THAT'S NOT SOMETHING I'VE REALLY SPECIFICALLY STUDIED.

Q. I'M NOT SURE IF I'VE ASKED YOU THIS BEFORE,

BUT ARE YOU AWARE OF WHETHER THERE'S BEEN AN INCREASE

IN METHYLATION IN OTHER CONSTRUCTED WETLANDS AROUND THE

WORLD?

A. NO, I'M NOT.

Q. ARE YOU FAMILIAR WITH THE STUDY CONDUCTED BY

DR. TAMAR BARKAY ON METHYLMERCURY IN THE EVERGLADES AND

WATER CONSERVATION AREA 2A?

A. I'VE READ THE PAPER. I HAVEN'T STUDIED IT

EXTENSIVELY.

Q. CAN YOU SUMMARIZE FOR ME, IF POSSIBLE, WHAT

YOUR UNDERSTANDING IS ABOUT WHAT DR. BARKAY'S FINDINGS

SHOW?

A. HER FINDINGS RELATED TO THE INFLUENCE OF

NUTRIENTS ON BOTH METHYLATION AND DEMETHYLATION.

Q. AND WHAT WERE HER FINDINGS?

 

 

 

 

 

 

 

 

 

MR. BIGHAM PAGE 46

A. ACTUALLY, I DON'T RECALL HER FINDINGS IN

DETAIL.

Q. I'M GOING TO HAND YOU ANOTHER DOCUMENT AND ASK

YOU IF YOU CAN IDENTIFY IT.

(THEREUPON, WITNESS REVIEWS DOCUMENT.)

A. YES. THIS IS A LETTER FROM DR. BARKAY TO MIKE

SOUKUP; I HAVE SEEN IT.

Q. YOU HAVE SEEN THAT DOCUMENT?

A. YES. THIS WAS -- I HAVEN'T STUDIED IT IN

DETAIL, AND IT WAS A TOPIC THAT BETSY HENRY WAS

FOCUSING ON.

MS. HOGAN: OKAY. WE'LL MARK THAT AS

THE NEXT EXHIBIT TO YOUR DEPOSITION.

(THEREUPON, THE DOCUMENT REFERRED

TO ABOVE WAS MARKED AS DEFENDANT'S

EXHIBIT NO. 4 - GARY N. BIGHAM

DEPOSITION - FOR IDENTIFICATION.)

Q. (BY MS. HOGAN) YOU SAID THAT YOU HAVE SEEN

EXHIBIT NUMBER FOUR, HAVE YOU FORMED ANY OPINION AS TO

THE FINDINGS CONTAINED THEREIN?

A. NO, I HAVE NOT.

Q. ARE YOU AWARE OF THE FINDINGS THAT ARE

CONTAINED THEREIN?

A. WELL, AS I MENTIONED BEFORE, I'M NOT FAMILIAR

 

 

 

 

 

 

 

 

 

MR. BIGHAM PAGE 47

WITH THE -- EVERY DETAIL OF THE FINDINGS, NO.

Q. SOME SCIENTISTS HAVE THEORIZED THAT IN AN AREA

SUCH AS AN STA, THERE WOULD BE A NET METHYLATION OF

MERCURY; AND IN OTHER AREAS, THERE WOULD BE AN AREA OF

DEMETHYLATION AND THAT THE PROCESS OF DEMETHYLATION

WOULD BE A STRONGER PROCESS OR A MORE SIGNIFICANT

PROCESS THAN METHYLATION AS NET IN THE STA'S. DO YOU

AGREE WITH THAT THEORY?

A. WHAT DID YOU MEAN BY OTHER AREAS? ARE YOU

STILL TALKING---

Q. WITHIN THE STA.

A. WITHIN THE STA. OKAY, COULD YOU RE-READ THE

QUESTION AGAIN?

Q. SURE. SOME SCIENTISTS HAVE THEORIZED THAT IN

AN AREA SUCH AS AN STA, THERE WOULD BE AN AREA OF NET

METHYLATION OF MERCURY, AND THEN IN ANOTHER AREA THERE

WOULD BE AN AREA OF DEMETHYLATION; AND THAT THE PROCESS

OF DEMETHYLATION WOULD BE A STRONGER PROCESS, OR A MORE

SIGNIFICANT PROCESS THAN THE METHYLATION AS A NET

WITHIN THE STA.

A. I THINK THEY'RE NOT UNREASONABLE THEORIES.

HOWEVER, I DON'T THINK IT'S POSSIBLE TO PREDICT RIGHT

NOW EXACTLY WHICH PROCESS, THAT IS METHYLATION OR

DEMETHYLATION, THAT'S GOING TO BE THE MOST IMPORTANT.

 

 

 

 

 

 

 

 

 

MR. BIGHAM PAGE 48

I ALSO THINK THAT THOSE HYPOTHESES IGNORE THE ROLE OF

PARTICLES IN CONTROLLING THE CONCENTRATION OR THE MASS

OF METHYLMERCURY IN THE WATER COLUMN ITSELF.

Q. AND WHAT ROLE IS THAT?

A. IN THAT MERCURY -- METHYLMERCURY THAT IS

ADSORBED TO PARTICLES, AND IT SUBSEQUENTLY SETTLES TO

THE BOTTOM, BACK TO THE BOTTOM, RECYCLES MUCH OF THAT

MERCURY. IT'S NOT A SIMPLE ISSUE OF MERCURY BEING

METHYLATED AT THE SEDIMENT WATER INTERFACE, GETTING

INTO THE WATER COLUMN, AND THEN JUMPING INTO THE FISH

TISSUE OR BEING DEMETHYLATED. THE SYSTEM IS FAR MORE

COMPLICATED THAN THAT, IN THAT IT DEPENDS ON THE

DYNAMICS OF ADSORPTION AND HOW PARTICLE BEHAVIOR OR HOW

THE PARTICLES BEHAVE IN THE WATER COLUMN, AND WHAT

FRACTION OF THOSE PARTICLES ARE ULTIMATELY CONSUMED BY

FISH.

Q. AND YOU BELIEVE THAT THAT THEORY DOESN'T TAKE

THAT INTO ACCOUNT?

A. WELL, NO. REMEMBER, WE TALKED EARLIER ABOUT

THIS CONCEPT OF BIODILUTION, AND THE ISSUE -- OR AS YOU

POSED THE QUESTION AS TO WHETHER METHYLMERCURY OR, I'M

SORRY, MERCURY METHYLATION OR DEMETHYLATION IS GOING TO

BE THE DOMINANT FEATURE IS NOT TAKING INTO ACCOUNT THIS

POTENTIAL BIODILUTION.

 

 

 

 

 

 

 

 

 

MR. BIGHAM PAGE 49

Q. DO YOU HAVE ANY INFORMATION ON PARTICLE

DENSITIES IN THE EVERGLADES MARSH?

A. SAY THAT AGAIN, PLEASE?

Q. DO YOU HAVE ANY INFORMATION ON PARTICLES

DENSITIES IN THE EVERGLADES MARSH?

A. NO, I DO NOT. I THINK THAT'S -- IT'S

UNFORTUNATELY SOMETHING THAT HAS BEEN OVERLOOKED BY THE

INVESTIGATORS SO FAR. I HAVE SEEN SOME NUMBERS ON

TURBIDITY; HOWEVER, YOU CAN'T DIRECTLY RELATE THAT TO

MASS OF PARTICLES. IF IT EXISTS, I'M NOT AWARE OF THE

PARTICULAR CONCENTRATION DATA.

Q. WOULD YOU EXPECT MORE DEMETHYLATION OF MERCURY

TO OCCUR IN THE STA'S THAN IN THE EAA PRESENTLY?

A. I DON'T KNOW. I GUESS I WOULD SPECULATE THAT

THEY MIGHT BE COMPARABLE, BUT I DON'T HAVE A BASIS TO

KNOW IF THEY WOULD BE VASTLY DIFFERENT.

Q. ARE THERE ANY STUDIES WHICH SHOW THAT

SUBTROPICAL AND BOREAL LAKES BEHAVE IN SIMILAR WAYS?

A. THERE'S A LOT OF INFORMATION ON BOREAL LAKES.

THERE'S VERY LITTLE ON SUBTROPICAL. FOR THAT REASON, I

AM CERTAINLY NOT AWARE OF ANY THAT HAVE ATTEMPTED TO

COMPARE THE TWO.

Q. I HAND YOU ANOTHER DOCUMENT, AND ASK IF YOU

CAN IDENTIFY IT?

 

 

 

 

 

 

 

 

 

MR. BIGHAM PAGE 50

(THEREUPON, WITNESS REVIEWS DOCUMENT.)

A. YES. THIS IS A REPORT BY KBN ON THEIR

SAMPLING THEY CONDUCTED IN THE HOLEYLAND, WCA-2A, AND

THE ENR FOR MERCURY IN WATER AND FISH.

Q. HAVE YOU REVIEWED THAT DOCUMENT?

A. YES, I HAVE.

MS. HOGAN: I'M GOING TO MARK THAT AS

THE NEXT EXHIBIT TO YOUR DEPOSITION.

(THEREUPON, THE DOCUMENT REFERRED

TO ABOVE WAS MARKED AS DEFENDANT'S

EXHIBIT NO. 5 - GARY N. BIGHAM

DEPOSITION - FOR IDENTIFICATION.)

Q. (BY MS. HOGAN) I'M GOING TO HAND YOU ANOTHER

DOCUMENT AND ASK IF YOU CAN IDENTIFY IT.

A. UH-HUH (YES). THIS IS KBN'S REPORT ON AN

ANALYSIS OF FISH TISSUE FROM THE SAME AREAS.

Q. HAVE YOU REVIEWED THAT DOCUMENT PREVIOUSLY?

A. YES, I HAVE.

MS. HOGAN: I'M GOING TO MARK THAT AS

YOUR NEXT EXHIBIT TO YOUR DEPOSITION.

(THEREUPON, THE DOCUMENT REFERRED

TO ABOVE WAS MARKED AS DEFENDANT'S

EXHIBIT NO. 6 - GARY N. BIGHAM

DEPOSITION - FOR IDENTIFICATION.)

 

 

 

 

 

 

 

 

 

MR. BIGHAM PAGE 51

Q. (BY MS. HOGAN) WHAT DID THE KBN DATA SHOW?

A. WE SUMMARIZED THE RESULTS AND OUR CONCLUSIONS

WITH RESPECT TO THE KBN IN OUR EXPERT OPINION REPORT.

Q. DO YOU HAVE A GENERAL OPINION, THOUGH, OR

JUST -- CAN YOU JUST TELL ME GENERALLY WHAT IT

SHOWED?

A. WELL, I THINK PROBABLY THE BEST SUMMARY OF

THOSE RESULTS ARE IN OUR FIGURE TWELVE, I BELIEVE, OF

OUR REPORT, WHERE WE SHOWED THE RELATIONSHIP OF

METHYLMERCURY AND WATER WITH RESPECT TO PHOSPHORUS, AND

ALSO FISH TISSUE MERCURY WITH RESPECT TO PHOSPHORUS,

FROM THE AREAS THAT WERE SAMPLED BY KBN.

Q. OKAY. SO, YOU'D PREFER IF WE LOOKED AT FIGURE

TWELVE TOGETHER?

A. WELL, I'M JUST SAYING THAT I THINK THAT

PROBABLY MOST EFFICIENTLY ANSWERS YOUR QUESTION.

Q. HOW DID YOU USE THE KBN DATA IN THE

COMPILATION OF THE REPORT -- YOUR REPORT, THE PTI

REPORT.

Q. WE LOOKED AT ALL OF THE DATA THAT HAD BEEN

PRESENTED BY KBN, AND WE THEN WERE SEEKING TO PROVIDE

AN INTERPRETATION OF WHAT THAT MEANT WITH RESPECT TO

THE INTERACTION OF, EXCUSE ME, PHOSPHORUS AND FISH

TISSUE CONCENTRATIONS OF MERCURY.

 

 

 

 

 

 

 

 

 

MR. BIGHAM PAGE 52

Q. ALL RIGHT. DO YOU BELIEVE THAT THE KBN -- THE

KBN STUDIES ARE SUFFICIENT OR WERE SUFFICIENT TO PROVE

THE HYPOTHESIS STATED IN THE PTI REPORT?

A. WELL, I THINK IT WAS A GOOD FIRST START. I

THINK THEY COLLECTED A VERY USEFUL SUITE OF PARAMETERS

IN THEIR STUDY. AS IN MOST CASES, MORE DATA IS ALWAYS

BETTER, BUT I THINK IT'S SUFFICIENT FOR US TO FORM AN

OPINION.

Q. DO YOU BELIEVE THAT THEY ARE SUFFICIENTLY TO

PROVE THE HYPOTHESIS THAT YOU'VE STATED IN THE PTI

REPORT?

A. I THINK MORE INFORMATION SHOULD BE COLLECTED

TO---

Q. SO, THEY WEREN'T SUFFICIENT?

A. WELL, AS I SAID, IT WAS SUFFICIENT FOR US TO

FORM OUR OPINION. AS FAR AS -- WELL, IT DEPENDS ON HOW

YOU DEFINE PROOF. I WOULD LIKE TO SEE SOME FURTHER

INFORMATION DEVELOP, SO THAT WE COULD UNDERSTAND THE

FULL EXTENT, FOR EXAMPLE, OF THE AREA THAT MIGHT BE

INFLUENCED BY PHOSPHORUS.

Q. GOING BACK TO THE STA'S, DO YOU BELIEVE THAT

IF THE STA'S DID PRODUCE A RESERVOIR EFFECT, WOULD YOU

EXPECT THAT AS THEY AGE, THE STA'S AGE, THAT THEY WOULD

DEVELOP REDUCING CONDITIONS IN SEDIMENT, WHICH WOULD BE

 

 

 

 

 

 

 

 

 

MR. BIGHAM PAGE 53

LESS FAVORABLE TO THE METHYLATION OF MERCURY, AS HAS

BEEN SEEN IN THE NORTHERN RESERVOIRS?

MR. SAMS: OBJECT TO THE FORM.

A. WELL, I THINK YOU'VE GOT A COUPLE OF ITEMS IN

THAT QUESTION. COULD YOU REPHRASE IT AND REPEAT IT,

PLEASE?

Q. IN THE LITERATURE THAT WAS PRODUCED IN

RESPONSE TO THE REQUEST FOR PRODUCTION FOR YOUR

DEPOSITION TODAY, ONE OF THE ARTICLES DISCUSSED THAT

THE NORTHERN RESERVOIRS, AFTER THEY AGE, BEGIN TO

DEVELOP REDUCING CONDITIONS. ARE YOU AWARE OF THAT

ARTICLE?

A. NOT ANY SPECIFIC ARTICLE THAT TALKED JUST

ABOUT DEVELOPMENT OF REDUCING CONDITIONS.

Q. ARE YOU AWARE OF THAT PHENOMENON THAT IS

OCCURRING WITH RESERVOIRS?

A. YES, YES.

Q. OKAY. WOULD YOU EXPECT THAT SAME PHENOMENON

TO OCCUR WITH STA'S?

A. YES, I THINK IT'S LIKELY.

Q. WHEN WERE YOU FIRST CONTACTED ABOUT POSSIBLE

INVOLVEMENT IN THIS LITIGATION?

A. IT WAS ABOUT MID-FEBRUARY.

Q. AND BY WHOM WERE YOU CONTACTED?

 

 

 

 

 

 

 

 

 

MR. BIGHAM PAGE 54

A. ACTUALLY, FIRST BETSY HENRY MENTIONED TO ME

THAT WE HAD RECEIVED A CALL REGARDING THIS ISSUE.

Q. OKAY. FROM WHOM DID SHE RECEIVE A CALL?

A. IT WAS ONE OF THE ATTORNEYS WITH OUR CLIENT.

I DON'T RECALL EXACTLY WHO HAD CALLED HER FIRST.

Q. FROM HOPPING, BOYD, ONE OF THE ATTORNEYS WITH

HOPPING, BOYD?

A. CORRECT.

Q. OKAY. AND WHAT DID DR. HENRY SAY TO YOU OF

THAT INITIAL CONTACT?

A. I BELIEVE SHE JUST MENTIONED THAT THE FIRM WAS

INTERESTED IN OUR OPINION REGARDING BEHAVIOR OF

MERCURY IN THE EVERGLADES, AND THAT WE WOULD -- THEY

WERE INTERESTED IN MEETING WITH US TO DISCUSS IT

FURTHER.

Q. OKAY. AND THIS FIRST CONVERSATION WITH

DR. HENRY ABOUT IT OCCURRED IN MID-FEBRUARY?

A. SOMEWHERE AROUND THERE, YES, I DON'T RECALL

THE EXACT DATE.

Q. THEN WHAT WAS THE NEXT THING THAT HAPPENED IN

CONNECTION WITH YOUR INVOLVEMENT IN THIS LITIGATION?

A. WE MET WITH THE HOPPING, BOYD FIRM IN

TALLAHASSEE.

Q. OKAY. ABOUT WHEN WAS THAT?

 

 

 

 

 

 

 

 

 

MR. BIGHAM PAGE 55

A. WELL, IT WAS JUST A FEW DAYS LATER; SO IT

HAPPENED VERY QUICKLY.

Q. AND WHAT OCCURRED AT THAT MEETING?

MR. SAMS: MR. BIGHAM, I'M GOING TO GIVE

YOU A GENERAL INSTRUCTION AT THIS POINT,

WHICH IS NOT TO DISCLOSE THE STATEMENTS OF

COUNSEL TO YOU. HOWEVER, TO THE EXTENT YOU

CAN ANSWER THE QUESTIONS WITHOUT DOING SO,

YOU'RE FREE TO PROCEED.

A. COULD YOU RESTATE THE QUESTION?

Q. WHAT HAPPENED AT THAT MEETING IN TALLAHASSEE?

A. IN THE MEETING, THEY INQUIRED ABOUT AS TO OUR

UNDERSTANDING OF ISSUES SUCH AS THE RESERVOIR EFFECT,

BIODILUTION, OUR EXPERIENCE IN MERCURY ISSUES, FOR

EXAMPLE, ONONDAGA LAKE, AND PROVIDED US WITH SOME

GENERAL BACKGROUND INFORMATION ON THE EVERGLADES, AND

THE MERCURY PROBLEM IN THE EVERGLADES.

Q. AND WHAT WAS YOUR UNDERSTANDING AS TO WHAT YOU

WERE BEING ASKED TO DO IN CONNECTION WITH THIS

LITIGATION?

A. WELL, WE WERE GIVEN THE GENERAL QUESTION AS TO

DEVELOP WHAT WAS THE INTERACTION OF NUTRIENTS AND

MERCURY BIOACCUMULATION IN A VERY GENERAL WAY. AND

ALSO TO OFFER AN OPINION AS TO WHAT WE THOUGHT OR HOW

 

 

 

 

 

 

 

 

 

MR. BIGHAM PAGE 56

WE THOUGHT THE STA'S WOULD BEHAVE WITH RESPECT TO

MERCURY METHYLATION.

Q. OKAY. AND, SO, AT THAT MEETING, DID YOU GIVE

AN OPINION?

A. NO, WE DID NOT. WE JUST DISCUSSED THE ISSUE

IN GENERAL.

Q. THEN WHAT WAS THE NEXT THING THAT HAPPENED, IN

CONNECTION WITH YOUR INVOLVEMENT?

A. WE PREPARED A PROPOSAL, GENERALLY OUTLINING

WHAT WE WOULD DO AND -- TO FORM AN OPINION.

Q. OKAY. I'M GOING TO HAND YOU ANOTHER DOCUMENT,

AND ASK YOU IF YOU CAN IDENTIFY IT.

(THEREUPON, WITNESS REVIEWS DOCUMENT.)

A. YES, THIS IS OUR PROPOSAL.

MS. HOGAN: OKAY. WE'LL MARK THAT AS

THE NEXT EXHIBIT TO YOUR DEPOSITION.

(THEREUPON, THE DOCUMENT REFERRED

TO ABOVE WAS MARKED AS DEFENDANT'S

EXHIBIT NO. 7 - GARY N. BIGHAM

DEPOSITION - FOR IDENTIFICATION.)

Q. (BY MS. HOGAN) THAT DOCUMENT HAS BEEN

PREVIOUSLY MARKED AS EXHIBIT THIRTEEN TO DR. HENRY'S

DEPOSITION.

A. YES.

 

 

 

 

 

 

 

 

 

MR. BIGHAM PAGE 57

Q. AND DR. HENRY REPRESENTED THAT SHE DRAFTED

THE PROPOSAL, AND THAT YOUR SIGNATURE IS LISTED AT THE

BOTTOM, BUT IT WAS ACTUALLY SIGNED BY SOMEONE ELSE.

THAT WAS BASIC PROTOCOL FOR PTI. IS THAT CORRECT?

A. IT'S CORRECT THAT SHE DRAFTED THE LETTER.

THE BASIC PROTOCOL IS THAT ANY PROPOSAL THAT CONTAINS

COST INFORMATION BE SIGNED BY A PTI VICE-PRESIDENT.

Q. OKAY. DID YOU HAVE ANY INVOLVEMENT IN

DRAFTING THE PROPOSAL?

A. I REVIEWED THE LETTER THAT WAS DRAFTED BY

BETSY, AND I PREPARED THE COST ESTIMATE, YES.

Q. WHY DIDN'T YOU SIGN THE LETTER?

A. WHY DID I NOT SIGN THE LETTER?

Q. UH-HUH (YES).

A. I DON'T BELIEVE I WAS IN THE OFFICE AT THE

TIME THIS WENT OUT.

Q. DID YOU -- WHEN YOU SAY THAT YOU REVIEWED THE

LETTER, WHAT DID YOUR REVIEW CONSIST OF?

A. MAKING SURE THAT IT WAS COMPLETE; THAT I

AGREED WITH WHAT IT SAID; AND JUST GENERAL TECHNICAL,

AND TO SOME DEGREE EDITORIAL REVIEW.

Q. DID YOU MAKE ANY CHANGES OR ADDITIONS TO THE

LETTER?

A. I DON'T RECALL ANY SPECIFIC CHANGES. I THINK

 

 

 

 

 

 

 

 

 

MR. BIGHAM PAGE 58

IN GENERAL, THE LETTER WAS WELL DONE ON ITS FIRST

DRAFT, AND WE DIDN'T MAKE ANY SUBSTANTIVE CHANGES TO

IT.

Q. OKAY. YOU PREPARED THE COST ESTIMATES IN THE

BACK?

A. CORRECT.

Q. WHY DID YOU PREPARE IT -- THE COST ESTIMATES

IN THE BACK, AS OPPOSED TO DR. HENRY?

A. WELL, GIVEN THAT I HAVE LONGER EXPERIENCE IN

DOING THESE TYPES OF PROJECTS; THAT MY JUDGMENT ON HOW

MUCH EFFORT IT MIGHT TAKE TO DO THIS MIGHT BE BETTER

THAN HERS.

Q. OKAY. SO, IS IT A COMPANY POLICY THAT THE

VICE-PRESIDENT PREPARES IT---

A. NO.

Q. ---THE COST ESTIMATE?

A. NO, NOT NECESSARILY, I JUST NEED TO APPROVE

IT.

Q. ARE YOU RESPONSIBLE FOR MONITORING THE BUDGET

AND THE COMPLIANCE WITH THE COSTS THAT HAVE BEEN STATED

IN THE ESTIMATE?

A. YES.

Q. ARE YOU ON BUDGET, BEHIND BUDGET, UNDER

BUDGET?

 

 

 

 

 

 

 

 

 

MR. BIGHAM PAGE 59

A. I WOULD SAY THAT WE'RE PRETTY MUCH ON BUDGET

RIGHT NOW.

Q. HAVE YOU BEEN PAID ANY PORTION OF THE -- THE

TOTAL AMOUNT THAT'S LISTED IN THE COST ESTIMATE?

A. I DON'T KNOW. I HAVEN'T -- HAVEN'T TALKED TO

OUR RECEIVABLES PEOPLE TO KNOW THAT.

Q. OKAY. DO YOU EXPECT THAT THE ESTIMATE WILL

INCREASE?

A. THAT THE WHAT WILL INCREASE?

Q. THAT THE ESTIMATE THAT YOU -- I DON'T HAVE A

COPY IN FRONT OF ME, BUT THE AMOUNT THAT YOU'VE

ESTIMATED THE TOTAL COST WILL BE, DO YOU EXPECT THAT

AMOUNT TO GO UP?

A. AT THIS TIME, NO, I DON'T.

Q. OKAY. YOU BELIEVE THE ESTIMATE WILL ENCOMPASS

ALL OF YOUR ACTIVITIES IN CONNECTION WITH YOUR

CONSULTATION IN THIS MATTER?

A. SO FAR, YES. I EXPECT THAT THIS WILL PROBABLY

COVER OUR INVOLVEMENT THROUGH THE HEARING. I'M NOT

AWARE OF ANYTHING AT THIS MOMENT THAT WOULD

SIGNIFICANTLY CHANGE THIS RIGHT NOW.

Q. HOW MUCH IS THE TOTAL COST ESTIMATE?

A. IT'S NINETY-EIGHT THOUSAND TWO HUNDRED AND

SEVENTY-FOUR DOLLARS ($98,274.00).

 

 

 

 

 

 

 

 

 

MR. BIGHAM PAGE 60

Q. IN THE PROPOSAL THAT YOU SUBMITTED IN

CONNECTION WITH THE OREGON RESERVOIR PROJECT, HOW MUCH

WAS THAT?

A. WELL, IT WAS A VERY DIFFERENT SCOPE. I THINK

IT WAS AROUND THIRTY THOUSAND, SOMETHING. I DON'T

RECALL EXACTLY.

Q. AND WHAT WERE YOU ASKED TO DO -- NO, YOU

WEREN'T ASKED TO DO THAT ONE. WHAT DID YOU PROPOSE

THAT YOU WOULD DO IN THAT PROPOSAL, THE OREGON

PROPOSAL?

A. THAT ONE INVOLVED SOME LIMITED SAMPLE

COLLECTION OF SOILS AND OF -- WE WERE PROPOSING TO

COLLECT SOME ORGANISMS ALSO FOR MERCURY ANALYSIS, AND

TO PREPARE A REPORT.

Q. A REPORT ON WHAT?

A. A REPORT DESCRIBING OR EVALUATING THE

POTENTIAL FOR BIOACCUMULATION RELATED TO THE TAILINGS,

AND THIS FLOODING OF THIS RELATIVELY SMALL RESERVOIR.

Q. OKAY. YOU MENTIONED PREVIOUSLY THAT YOU WERE

WORKING ON A PROJECT WITH THE ONONDAGA LAKE.

A. YES.

Q. THE CONSULTING PROJECT, WHAT IS YOUR COST

ESTIMATE FOR THAT CONSULTING WORK?

A. WELL, THAT'S ALSO QUITE A DIFFERENT SCOPE.

 

 

 

 

 

 

 

 

 

MR. BIGHAM PAGE 61

THAT'S OVER SEVERAL YEARS. IT'S SEVERAL MILLION

DOLLARS.

Q. DO YOU HAVE LIKE A SPECIFIC AMOUNT?

A. WELL, WE, IN THAT PARTICULAR PROJECT, WE

DEVELOPED A BUDGET ON AN ANNUAL BASIS.

Q. WHAT'S THE ANNUAL BUDGET?

A. THIS YEAR IT'S AROUND A MILLION AND A HALF.

Q. AND WHAT DOES THAT STUDY ENCOMPASS, WHAT WILL

YOU DO?

A. FOR THIS YEAR?

Q. UH-HUH (YES).

A. IT'S STRICTLY REPORT PREPARATION: DEVELOPMENT

OF HUMAN HEALTH RISK ASSESSMENT, ECOLOGICAL RISK

ASSESSMENT, REMEDIAL INVESTIGATION REPORT, AND OTHER

ACTIVITIES TO SUPPORT THE PROJECT.

Q. WITH THE OREGON RESERVOIR PROPOSAL, HOW LONG

DID YOUR -- HOW LONG WOULD YOUR CONSULTATION PERIOD

LAST?

A. I BELIEVE THAT ONE IS EXPECTED TO BE PRETTY

SHORT, ON THE ORDER OF SIX TO NINE MONTHS.

Q. CAN I HAVE THAT BACK?

A. UH-HUH (YES).

(THEREUPON, WITNESS HANDS

EXHIBIT TO MS. HOGAN FOR REVIEW.)

 

 

 

 

 

 

 

 

 

MR. BIGHAM PAGE 62

Q. IN THE LAST PARAGRAPH OF THE -- OF EXHIBIT

SEVEN, IT'S STATED THAT THE MOTIVATING QUESTION FOR

THIS REPORT IS, "`DO ELEVATED PHOSPHORUS LEVELS IN

EVERGLADES AGRICULTURAL AREA DISCHARGE TEND TO MITIGATE

MERCURY PROBLEMS IN FISH AND WILDLIFE?' OR, PUT ANOTHER

WAY, `WOULD REDUCTIONS OF PRESENT PHOSPHORUS LEVELS IN

EVERGLADES AGRICULTURAL AREA DISCHARGE BE LIKELY TO

EXACERBATE EVERGLADES FISH AND WILDLIFE MERCURY

PROBLEMS?' THE HYPOTHESIS WILL BE STRUCTURED AS

FOLLOWS: 1) OLIGOTROPHIC (LOW NUTRIENT) LAKES TEND TO

HAVE HIGH RATES OF METHYLMERCURY BIOACCUMULATION, AND

2) THE EVERGLADES ARE COMPARABLE TO OLIGOTROPHIC LAKES

WITH REGARDS TO METHYLMERCURY BIOACCUMULATION." WHAT

IS MEANT BY THE EVERGLADES ARE COMPARABLE TO

OLIGOTROPHIC LAKES WITH REGARDS TO METHYLMERCURY

BIOACCUMULATION?

A. IN THAT THEY HAVE LOW NUTRIENT CONCENTRATIONS,

AND LOW RATES OF PRIMARY PRODUCTIVITY.

Q. OKAY. THIS PROPOSAL WAS SUBMITTED ON FEBRUARY

THE 23, 1994. THEN WHAT HAPPENED NEXT IN CONNECTION

WITH YOUR INVOLVEMENT IN THE LITIGATION?

A. WELL, WE PROCEEDED TO EVALUATE THE LITERATURE,

WELL, COLLECT ADDITIONAL INFORMATION, EVALUATE THE

INFORMATION/LITERATURE THAT WE DID HAVE, AND TO DEVELOP

 

 

 

 

 

 

 

 

 

MR. BIGHAM PAGE 63

THE REPORT THAT WE'VE SUBMITTED.

Q. WHAT WAS YOUR INVOLVEMENT IN THE PREPARATION

OF THE MARCH 17, 1994, DRAFT REPORT?

A. MY INVOLVEMENT IN THAT REPORT WAS TO WORK VERY

CLOSELY WITH BETSY HENRY, WHO IS THE PRIMARY AUTHOR. I

DID SOME OF THE -- SOME OF OUR ORIGINAL ANALYSIS OF THE

DATA FROM THE EVERGLADES, ALSO OF THE DATA ON FLORIDA

LAKES, AND THEN I'VE READ MOST OF THE REFERENCES --

WELL, WE BOTH READ THE REFERENCES AND TYPICALLY WOULD

DISCUSS THEIR IMPLICATIONS TO OUR REPORT.

Q. WHAT REFERENCES?

A. THE REFERENCES CITED IN OUR REPORT.

Q. OKAY.

A. I ALSO PROVIDED A REVIEW OF THE DRAFT, IN

ADDITION TO OUR, YOU KNOW, ALMOST DAILY DISCUSSIONS.

Q. WHEN YOU SAY THAT YOU DID SOME ORIGINAL

ANALYSIS OF DATA, WHAT DID THAT ANALYSIS CONSIST OF?

A. I THINK MOST OF THEM END UP APPEARING IN THAT

REPORT. FOR EXAMPLE, LOOKING AT THE NUTRIENT

CONCENTRATIONS IN FLORIDA LAKES, THAT INFORMATION THAT

WAS CONTAINED IN A PAPER BY LANGE, ET AL., AND

EVALUATING THAT WITH RESPECT TO INFLUENCE OF

PHOSPHORUS ON MERCURY BIOACCUMULATION IN THE FLORIDA

LAKES.

 

 

 

 

 

 

 

 

 

MR. BIGHAM PAGE 64

Q. UH-HUH (YES).

A. I ALSO DID SOME EVALUATION OF THE KBN DATA,

AND AM STILL LOOKING AT THE EPA EMAP DATA.

Q. DID YOU PREPARE GRAPHS OR CHARTS? WHAT DID

YOU DO WITH THE DATA?

A. TYPICALLY, I WOULD PUT THEM INTO A SPREADSHEET

FROM WHICH I CREATED GRAPHS, YES, WHICH HAVE BEEN

SUBMITTED, EITHER IN THE REPORT, OR IN THE SUBMITTAL OF

MY PAPERS ON TUESDAY.

Q. OKAY. I'M GOING TO HAND YOU A DOCUMENT AND

ASK IF YOU CAN IDENTIFY IT FOR THE RECORD.

(THEREUPON, WITNESS REVIEWS DOCUMENT.)

A. THIS IS A COPY OF THE ADDITIONAL MATERIAL THAT

WE SUBMITTED ON TUESDAY.

Q. OKAY. WHAT IS THAT MATERIAL?

A. THESE ARE KIND OF MISCELLANEOUS SPREADSHEET

FILES, AND SOME PLOTS OF DATA, MUCH OF IT FROM THE

FLORIDA LAKES, FROM LANGE. THERE'S ALSO A COPY OF

LANGE'S PAPER, AND SOME ADDITIONAL INFORMATION WE

RECEIVED FROM HIM REGARDING PHOSPHORUS CONCENTRATIONS

IN THOSE LAKES. IN FACT, THIS ENTIRE PACKAGE RELATES

TO LANGE, OR TO THE FLORIDA LAKES DATA.

MS. HOGAN: OKAY. WE'LL MARK THAT AS

THE NEXT EXHIBIT TO YOUR DEPOSITION.

 

 

 

 

 

 

 

 

 

MR. BIGHAM PAGE 65

(THEREUPON, THE DOCUMENT REFERRED

TO ABOVE WAS MARKED AS DEFENDANT'S

EXHIBIT NO. 8 - GARY N. BIGHAM

DEPOSITION - FOR IDENTIFICATION.)

Q. (BY MS. HOGAN) IS THIS THE DATA THAT YOU WERE

REFERRING TO WHEN YOU SAID THAT YOU WERE DOING ANALYSIS

OF DATA FROM LANGE?

A. THAT'S CORRECT. THERE'S ALSO A FIGURE IN OUR

REPORT THAT IS THE -- I GUESS THE FINAL RESULT OF THIS

ANALYSIS, YES. I DON'T RECALL THE EXACT NUMBER OF THE

FIGURE RIGHT OFFHAND, OH, IT'S FIGURE SEVEN.

Q. OKAY. SO, EXHIBIT EIGHT, THE RESULTS OF THAT

DATA, OR THAT -- THE COMPILATION OF THAT DATA IS

INCLUDED IN FIGURE SEVEN OF THE FINAL REPORT?

A. YES.

Q. THE MARCH 24 REPORT?

A. YES.

Q. OKAY. I'M GOING TO HAND YOU ANOTHER DOCUMENT

AND ASK IF YOU CAN IDENTIFY IT FOR THE RECORD.

A. YES. THIS IS A COPY OF SOME OF THE EPA'S

RESULTS FROM THEIR EMAP PROGRAM SAMPLING. THERE'S A

SPREADSHEET OF THAT DATA THAT I PREPARED. THERE'S ALSO

A DIAGRAM SHOWING LOCATIONS OF SOME OF EPA'S SAMPLING

STATIONS.

 

 

 

 

 

 

 

 

 

MR. BIGHAM PAGE 66

MS. HOGAN: OKAY. WE'LL MARK THAT AS

THE NEXT EXHIBIT TO YOUR DEPOSITION.

(THEREUPON, THE DOCUMENT REFERRED

TO ABOVE WAS MARKED AS DEFENDANT'S

EXHIBIT NO. 9 - GARY N. BIGHAM

DEPOSITION - FOR IDENTIFICATION.)

MS. HOGAN: THAT'S EXHIBIT NUMBER---

COURT REPORTER: NINE.

MS. HOGAN: ---NINE.

Q. (BY MS. HOGAN) HOW WAS THAT EXHIBIT, THAT

DATA, USED IN YOUR REPORT, THE FINAL REPORT?

A. WE USED IT ONLY IN A VERY GENERAL SENSE.

FIRST OF ALL, WE'VE NOT HAD MUCH TIME TO ATTEMPT TO

EVALUATE IT. SECONDLY, WE'VE NOT HAD A CHANCE TO

DEVELOP OUR OWN SENSE AS TO HOW VALID THE DATA

THEMSELVES ARE. SO, WE ONLY COMMENTED ON THESE -- ON

THESE DATA IN A GENERAL WAY. I MEAN, SO FAR THEY SEEM

TO SUPPORT OUR HYPOTHESIS, BUT IT'S -- IT'S AN AREA

WE'D LIKE TO CONTINUE TO DO A -- TO DO FURTHER

EVALUATION OF THE DATA.

Q. SO, HOW WAS IT USED, IF IT WAS USED AT ALL IN

YOUR REPORT?

A. WELL, YES, YOU'LL FIND THE DISCUSSION TOWARD

THE END OF THE SECTION ON SUPPORTING THE HYPOTHESIS.

 

 

 

 

 

 

 

 

 

MR. BIGHAM PAGE 67

MS. HOGAN: I'M SORRY, CAN YOU READ BACK

HIS ANSWER?

(THEREUPON, THE QUESTION AND

ANSWER APPEARING ON PAGE 66,

LINE 22-25, INCLUSIVE, WAS

REPEATED BY THE COURT REPORTER.)

Q. (BY MS. HOGAN) THAT'S THE EPA DATA?

A. CORRECT.

Q. OKAY. DO YOU KNOW HOW THE METHYLMERCURY AND

TOTAL PHOSPHORUS IN WATER RELATED IN THE EPA STUDY?

A. YES. IN SOME EXTENTS, THAT IN AT LEAST IN

SOME OF THE CANAL STATIONS THAT IN THE NORTHERN PART OF

THE CANAL, THERE WAS ELEVATED PHOSPHORUS CONCENTRATIONS

THAT THERE WERE ALSO ELEVATED METHYLMERCURY

CONCENTRATIONS, OR I SHOULD SAY TOTAL METHYLMERCURY

CONCENTRATIONS.

Q. ARE YOU AWARE THAT THE EPA RESULTS ARE

OPPOSITE TO THE KBN RESULTS?

A. I DON'T -- I'M NOT SURE I WOULD AGREE WITH

THAT STATEMENT. I PRESUME THAT YOU'RE TALKING ABOUT

THE RELATIONSHIP OF PHOSPHORUS AND METHYLMERCURY. IT

IS IMPORTANT TO NOTE THAT THE KBN RESULTS ARE WITH

RESPECT TO -- OR THE KBN DATA ARE FOR DISSOLVED

METHYLMERCURY, WHEREAS THE EPA RESULT IS FOR TOTAL

 

 

 

 

 

 

 

 

 

MR. BIGHAM PAGE 68

METHYLMERCURY. I THINK A VERY IMPORTANT PART OF THAT

INTERPRETATION IS TO UNDERSTAND THE INFLUENCE OF

PARTICLES.

Q. YOU'RE SAYING IT'S YOUR UNDERSTANDING THE EPA

DISCUSSES TOTAL MERCURY, AND KBN DISCUSSES DISSOLVED?

A. WELL, IT'S MY PRESUMPTION THAT THEY DO. I

HAVEN'T REALLY SEEN ANY DETAILED INFORMATION ON EXACTLY

HOW THEY DID THOSE ANALYSIS.

(THEREUPON, MS. HOGAN AND DR. JONES CONFER.)

Q. I'M GOING TO SHOW YOU ANOTHER DOCUMENT AND ASK

IF YOU CAN IDENTIFY IT FOR THE RECORD, PLEASE.

(THEREUPON, WITNESS REVIEWS DOCUMENT.)

A. YES. THESE ARE SOME ADDITIONAL NOTES THAT I

HAD IN MY FOLDER, RELATED TO THE KBN DATA. BOTH THEIR

WATER QUALITY AND FISH TISSUE DATA. IT ALSO CONTAINS

SOME INFORMATION FROM TETRA TECH'S PHOSPHORUS MODELING

AND SOME DIAGRAMS THAT RELATED TO THEIR MODELING

EFFORT.

MS. HOGAN: OKAY. WE'LL MARK THAT AS

THE NEXT EXHIBIT TO YOUR DEPOSITION.

(THEREUPON, THE DOCUMENT REFERRED

TO ABOVE WAS MARKED AS DEFENDANT'S

EXHIBIT NO. 10 - GARY N. BIGHAM

DEPOSITION - FOR IDENTIFICATION.)

 

 

 

 

 

 

 

 

 

MR. BIGHAM PAGE 69

Q. (BY MS. HOGAN) HOW WAS EXHIBIT TEN USED IN

THE FINAL DRAFT REPORT, THE MARCH 24, 1994, REPORT?

A. MOST OF THE INFORMATION IN THESE NOTES APPEARS

IN OUR FIGURE TWELVE, AS FAR AS SHOWING THE

RELATIONSHIP OF PHOSPHORUS TO FISH TISSUE

CONCENTRATIONS, AND TO METHYLMERCURY CONCENTRATIONS.

Q. I'M GOING TO HAND YOU ANOTHER DOCUMENT, AND

ASK IF YOU CAN IDENTIFY IT FOR THE RECORD.

A. YES. THIS IS OUR DRAFT REPORT OF -- SUBMITTED

ON MARCH 17TH, TO HOPPING, BOYD.

MS. HOGAN: OKAY. WE'LL MARK THAT AS

THE NEXT EXHIBIT TO YOUR DEPOSITION.

(THEREUPON, THE DOCUMENT REFERRED

TO ABOVE WAS MARKED AS DEFENDANT'S

EXHIBIT NO. 11 - GARY N. BIGHAM

DEPOSITION - FOR IDENTIFICATION.)

(THEREUPON, THERE WAS AN

OFF-THE-RECORD DISCUSSION

WHICH WAS NOT REPORTED

BY THE COURT REPORTER AND

A SHORT BREAK WAS TAKEN.)

MS. HOGAN: MR. SAMS, DID YOU WANT A

COPY OF THIS?

MR. SAMS: YES, PLEASE.

 

 

 

 

 

 

 

 

 

MR. BIGHAM PAGE 70

Q. (BY MS. HOGAN) WHO ELSE CONTRIBUTED TO THE

PREPARATION OF THE MARCH 17, 1994, DRAFT?

A. IN ADDITION TO BETSY HENRY, WHO WAS THE

PRIMARY AUTHOR, AND THE INPUT FROM MYSELF, ANNE

McDONALD, IN OUR OFFICE IN BELLEVUE HAD DONE SOME

COLLECTION OF BACKGROUND INFORMATION ON OTHER LAKE

SYSTEMS FOR US.

Q. DID ANYONE ELSE WORK WITH YOU SPECIFICALLY ON

YOUR ANALYSIS OF THE DATA?

A. ONLY BETSY, WHOM I WORKED DIRECTLY WITH.

Q. OKAY. IN THE MARCH 17, 1994, REPORT, DRAFT

REPORT, WHICH IS MARKED AS EXHIBIT ELEVEN---

A. UH-HUH (YES).

Q. ---ON PAGE ELEVEN, THE REPORT STATED THAT THE

RATES -- ELEVEN -- STATED THAT THE RATES OF

METHYLMERCURY PRODUCTION IN THE ABSENCE OF PHOSPHOROUS

ARE UNKNOWN. DO YOU AGREE WITH THAT STATEMENT?

MR. SAMS: COULD YOU POINT OUT FOR THE

WITNESS WHERE THE STATEMENT IS ON THE PAGE?

MS. HOGAN: SURE. IT'S IN THE LAST

PARAGRAPH IN THE NINTH SENTENCE FROM THE

BOTTOM. IT SAYS, "THE RATES OF METHYLMERCURY

PRODUCTION IN THE EVERGLADES IN THE ABSENCE

OF PHOSPHOROUS ARE NOT KNOWN."

 

 

 

 

 

 

 

 

 

MR. BIGHAM PAGE 71

Q. (BY MS. HOGAN) DO YOU SEE THE STATEMENT?

A. UH-HUH, YES I DO.

Q. OKAY. ALL RIGHT. DO YOU AGREE WITH THAT

STATEMENT?

A. YES, I DO. INASMUCH THAT WE DON'T HAVE ANY

INFORMATION ON RATES OF METHYLMERCURY PRODUCTION IN THE

EVERGLADES.

Q. OKAY. IT ALSO STATES THAT IT WOULD BE

DIFFICULT TO PREDICT THE EFFECT OF PHOSPHOROUS

ENRICHMENT ON NET METHYLMERCURY PRODUCTION.

A. YES.

Q. DO YOU AGREE WITH THAT STATEMENT?

A. I AGREE WITH THAT STATEMENT BECAUSE THERE ARE

SEVERAL PROCESSES INVOLVED, AND IT TAKES MORE THAN JUST

INFORMATION ON PHOSPHOROUS TO BE ABLE TO PREDICT NET

EFFECTS.

Q. OKAY. IT ALSO STATED THAT, "IT IS IMPOSSIBLE

TO PREDICT THE NET EFFECT OF STORMWATER TREATMENT AREAS

ON METHYLMERCURY PRODUCTION." DO YOU AGREE WITH THAT

STATEMENT?

A. I AGREE WITH THAT STATEMENT, THAT IT'S -- WITH

ANY CERTAINTY AT ALL TO MAKE A PREDICTION.

Q. OKAY. DID YOU REVIEW THIS MARCH 17, 1994,

DRAFT PRIOR TO ITS SUBMISSION TO WILLIAM GREEN, GARY

 

 

 

 

 

 

 

 

 

MR. BIGHAM PAGE 72

SAMS, RICHARD Di GUILIO, AND DR. PRESLEY?

A. YES. WELL, ACTUALLY I BELIEVE I REVIEWED A

PREVIOUS DRAFT OF THIS REPORT.

Q. OKAY. DID YOU MAKE COMMENTS TO THAT DRAFT?

A. YES, I DID.

Q. HOW WERE THOSE COMMENTS MADE?

A. I READ THROUGH THE REPORT AND GAVE MY COMMENTS

TO BETSY HENRY OVER THE PHONE.

Q. VERBAL COMMENTS?

A. YES.

Q. OKAY. DID YOU TAKE NOTES OF YOUR MEETING --

EXCUSE ME. DID YOU TAKE NOTES WHICH REFLECTED WHAT

COMMENTS YOU SUGGESTED?

A. I HAD JUST MADE MARKS, HIGHLIGHTS, ON THE

DRAFT REPORT OF THINGS I WANTED TO DISCUSS WITH BETSY,

AND I DID NOT KEEP ANY SPECIFIC NOTES.

Q. WHEN YOU MADE THE MARKS OR THE HIGHLIGHTS ON

THE DRAFTS, DID YOU HAVE NOTES OUT TO THE SIDE; IS THAT

HOW YOU KEPT TRACK OF THE COMMENTS THAT YOU HAD?

A. IN GENERAL, YES.

Q. OKAY. DO YOU HAVE A COPY OF THAT DRAFT WITH

THOSE NOTES?

A. NO, I DID NOT KEEP THE DRAFT AT ALL. I THREW

IT AWAY SHORTLY AFTER THE CONVERSATION.

 

 

 

 

 

 

 

 

 

MR. BIGHAM PAGE 73

Q. OKAY. SO, YOU DON'T HAVE THAT -- YOU DON'T

HAVE A COPY OF THAT?

A. NO, I DO NOT.

Q. YOU THREW IT AWAY?

A. YES.

Q. OKAY. WOULD ANYBODY ELSE HAVE A COPY OF IT?

A. NO, IT WAS ONLY MY OWN COPY.

Q. DO YOU REMEMBER WHAT YOUR COMMENTS WERE?

A. YES. A COUPLE OF COMMENTS -- LET ME -- LET ME

START AGAIN. IN GENERAL, MY COMMENTS RELATED TO THE

ORGANIZATION OF THE REPORT. I THOUGHT -- I DON'T HAVE

ANY DISAGREEMENT OR ANY REAL RECOMMENDATIONS ON

CHANGING THE TECHNICAL COMMENT. THERE WAS -- I THOUGHT

WE MIGHT STREAMLINE THE REPORT A LITTLE BIT TO TAKE OUT

SOME OF THE INFORMATION THAT WASN'T IMPORTANT TO THE

CENTRAL ISSUE. I FELT THAT WE COULD -- SHOULD PROBABLY

BE ADDING SOME MORE INFORMATION AND BEING A LITTLE MORE

SPECIFIC WITH RESPECT TO THE RECOMMENDATIONS AT THE

END.

Q. OKAY. ANY OTHER COMMENTS THAT YOU MADE TO THE

REPORT?

A. THOSE WERE THE MAIN ONES, AND NOTHING ELSE

SPECIFIC THAT I CAN RECALL.

Q. WERE THOSE COMMENTS INCORPORATED IN THIS

 

 

 

 

 

 

 

 

 

MR. BIGHAM PAGE 74

MARCH 17TH DRAFT THAT WAS SENT?

A. YES, THEY WERE.

Q. WERE ANY OF YOUR COMMENTS NOT INCORPORATED?

A. PROBABLY, BUT I DON'T KNOW WHICH ONES THEY

MIGHT BE SPECIFICALLY.

Q. ALL RIGHT. SO, THEN, THIS DRAFT REPORT WAS

SENT TO THE PEOPLE THAT ARE LISTED ON THE TRANSMITTAL

SHEET OF EXHIBIT ELEVEN, AND THEN WHAT HAPPENED?

A. WE HAD A SUBSEQUENT MEETING IN ATLANTA TO

DISCUSS THE REPORT.

Q. IS THAT THE MEETING THAT OCCURRED ON MARCH THE

18TH?

A. CORRECT.

Q. OKAY. WHO WAS IN ATTENDANCE AT THAT MEETING?

A. BETSY AND MYSELF, GARY SAMS, BILL GREEN,

RICHARD Di GUILIO, BOB PRESLEY.

Q. OKAY. AND WHAT WAS THE PURPOSE OF THAT

MEETING?

A. IT WAS TO HAVE, MORE OR LESS, GENERAL

DISCUSSION OF THE INFORMATION THAT WE PROVIDED TO --

FOR US TO HEAR AND DISCUSS ANY COMMENTS THAT OTHERS

CARED TO OFFER.

Q. AND HOW LONG DID THE MEETING TAKE?

A. IT WAS AN ALL-DAY MEETING.

 

 

 

 

 

 

 

 

 

MR. BIGHAM PAGE 75

Q. DID YOU MAKE ANY COMMENTS TO THE REPORT AT

THAT MEETING?

A. DID I PERSONALLY?

Q. UH-HUH (YES).

A. I DON'T THINK SO. I'D PRETTY MUCH ALREADY

MADE MY COMMENTS TO BETSY, PREVIOUSLY.

Q. DID YOU TAKE NOTES AT THAT MEETING?

A. NO, I DID NOT.

Q. DID YOU OBSERVE ANYONE ELSE TAKING NOTES AT

THE MEETING?

A. I THINK BETSY WAS TAKING MOST OF THE NOTES, SO

THAT SHE COULD KEEP TRACK OF SUBSEQUENT CHANGES WE

MIGHT MAKE.

Q. DID YOU NOTICE WHETHER DR. PRESLEY WAS TAKING

NOTES?

A. I RECALL HE HAD A PAD IN FRONT OF HIM. I

DON'T RECALL IF HE WAS WRITING THINGS DOWN.

Q. DO YOU RECALL IF MR. SAMS WAS TAKING NOTES AT

THE MEETING?

A. NO, I DON'T.

Q. OR MR. GREEN?

A. NO, I DON'T.

Q. OR DR. Di GUILIO?

A. NO, I DON'T KNOW IF HE WAS TAKING NOTES.

 

 

 

 

 

 

 

 

 

MR. BIGHAM PAGE 76

Q. OKAY. WHAT COMMENTS TO THE REPORT WERE MADE

BY YOU?

A. WELL, IT REALLY WASN'T MY PURPOSE AT THE

MEETING TO PROVIDE ADDITIONAL COMMENTS, AS IT WAS TO

PARTICIPATE IN THE DISCUSSION. I REALLY DIDN'T PROVIDE

ANY SPECIFIC COMMENTS DIRECTED TOWARDS AFFECTING

CHANGES IN THE REPORT.

Q. HOW DID YOU PARTICIPATE IN THE DISCUSSION?

A. IN SOME CASES, I WAS ASKING QUESTIONS TO GAIN

FURTHER INSIGHT INTO THE EVERGLADES; ASKING OTHERS IF

THEY MIGHT HAVE INFORMATION THAT WOULD HELP US FORM OUR

OPINION.

Q. WHAT KINDS OF QUESTIONS DID YOU ASK?

A. I WAS INTERESTED TO KNOW MORE ABOUT THE FOOD

CHAIN IN THE EVERGLADES; TO HELP UNDERSTAND HOW THAT

MIGHT BE DIFFERENT FROM OTHER SYSTEMS WE'D STUDIED.

Q. WHAT OTHER QUESTIONS DID YOU ASK?

A. THAT WAS PROBABLY THE MAIN ONE THAT I WAS

ESPECIALLY INTERESTED.

Q. HOW WOULD THAT AFFECT THE REPORT?

A. WELL, IT ENDED UP THAT IT DIDN'T, BECAUSE WE

REALLY DIDN'T GET ANY ADDITIONAL INFORMATION ON THE

FOOD CHAIN OF THE EVERGLADES.

Q. HOW DID YOU THINK THAT IT WOULD HAVE AFFECTED

 

 

 

 

 

 

 

 

 

MR. BIGHAM PAGE 77

THE REPORT?

A. WELL, I CAN'T SPECULATE ON THAT.

Q. NO, WELL, MY QUESTION -- IF YOU ASKED THE

QUESTION ABOUT THE FOOD CHAIN, WHAT IN YOUR MIND HAD

YOU ENVISIONED USING IT FOR?

A. JUST TO IMPROVE MY GENERAL UNDERSTANDING OF

THE SYSTEM. I CAN'T THINK OF ANYTHING SPECIFIC THAT --

YOU KNOW, THERE WAS NOTHING -- LIKE, FOR EXAMPLE, THERE

WAS NO SECTION OF THE REPORT ON EVERGLADES FOOD CHAIN

THAT WE WERE EXPECTING TO WRITE OR ANYTHING LIKE THAT.

Q. SO, YOU ASKED THE QUESTION FOR WHAT REASON?

A. AS I THINK I ALREADY SAID, JUST FOR MY GENERAL

UNDERSTANDING.

Q. WHAT COMMENTS WERE MADE BY DR. Di GUILIO?

A. HE SAID HE REALLY DIDN'T HAVE MUCH TO

CONTRIBUTE ON THAT PARTICULAR TOPIC.

Q. ON WHAT PARTICULAR TOPIC?

A. REGARDING THE EVERGLADES FOOD CHAIN.

Q. OKAY. WHAT COMMENTS WERE MADE BY

DR. Di GUILIO IN CONNECTION WITH THE DRAFT REPORT?

A. I DON'T -- I DON'T RECALL ANY REAL SPECIFIC

COMMENTS THAT HE MADE ON THE REPORT. IN GENERAL, HE

WAS IN AGREEMENT WITH WHAT WAS IN THE REPORT, WAS MY

SENSE.

 

 

 

 

 

 

 

 

 

MR. BIGHAM PAGE 78

Q. DID HE ASK ANY QUESTIONS?

A. YES, HE ASKED QUESTIONS.

Q. WHAT QUESTIONS DID HE ASK?

A. I DON'T RECALL ANY SPECIFIC QUESTION THAT HE

ASKED.

Q. WHAT AREAS DID HE INQUIRE INTO GENERALLY?

A. WELL, IN GENERAL, HE WAS INQUIRING WITH

RESPECT TO RELATIONSHIP ON PHOSPHOROUS TO MERCURY

BIOACCUMULATION.

Q. AND WHAT DID HE ASK?

A. WELL, I DON'T RECALL ANY SPECIFIC QUESTIONS

THAT HE -- THAT HE ASKED.

Q. WELL, WHAT GENERALLY DID HE DISCUSS?

A. I THINK I'VE ALREADY ANSWERED THAT QUESTION.

Q. WELL, YOU SAY THAT YOU HAD THIS MEETING FOR

SIX HOURS THAT OCCURRED ABOUT TWO WEEKS AGO, AND I JUST

NEED AN UNDERSTANDING OF WHAT WAS DISCUSSED AT THE

MEETING.

A. AS I POINTED OUT, THE TOPIC OF DISCUSSION WAS

OUR REPORT, AND THE DISCUSSION WAS -- WAS A FAIRLY

GENERAL ONE. I MEAN, THERE'S A LOT OF ISSUES THAT --

THAT RELATE TO OUR REPORT, AS FAR AS THE HYDROLOGY,

BIOLOGY, CHEMISTRY OF THE EVERGLADES AND, YOU KNOW,

MORE SPECIFICALLY, THE INTERACTION OF PHOSPHOROUS AND

 

 

 

 

 

 

 

 

 

MR. BIGHAM PAGE 79

MERCURY BIOACCUMULATION. THOSE WERE THE GENERAL TOPICS

UNDER DISCUSSION. AS FAR AS, YOU KNOW, ATTEMPTING TO

PARAPHRASE PARTICULAR QUESTIONS, I REALLY CAN'T DO

THAT.

Q. WELL, OF THE AREAS THAT YOU JUST LISTED---

A. YES.

Q. ---WHAT GENERALLY DID THE DISCUSSION

ENCOMPASS?

A. I'M LOST. WHICH DISCUSSION?

Q. THE SIX-HOUR DISCUSSION THAT YOU HAD IN

ATLANTA.

A. THAT'S WHAT I JUST DESCRIBED WAS THE -- THE

GENERAL NATURE OF THE DISCUSSION IN OUR MEETING IN

ATLANTA.

Q. DO YOU HAVE ANY RECOLLECTION OF SPECIFIC

DISCUSSIONS OR SPECIFIC AREAS THAT YOU DISCUSSED?

A. WELL, AS I SAID, THE AREAS -- THE GENERAL

AREAS THAT WE WERE TALKING ABOUT WAS THE CHEMISTRY,

BIOLOGY, HYDROLOGY OF A SYSTEM AND, YOU KNOW, MORE

SPECIFICALLY, HOW PHOSPHOROUS AND THE EUTROPHICATION

PROCESSES PROCEED IN THE EVERGLADES AND ITS INTERACTION

WITH MERCURY BIOACCUMULATION.

Q. WELL, WHAT WERE THE DYNAMICS OF THE

DISCUSSION? WAS SOMEONE ASKING A QUESTION AND SOMEONE

 

 

 

 

 

 

 

 

 

MR. BIGHAM PAGE 80

ANSWERED THE QUESTION? WERE YOU JUST THROWING OUT

QUESTIONS? WERE YOU THROWING OUT SUBJECT AREAS?

A. IT WAS -- IT WAS THE LATTER.

Q. YOU WERE JUST THROWING OUT QUESTIONS?

A. IT WAS VERY MUCH A BACK-AND-FORTH DISCUSSION.

YOU KNOW, MUCH OF THE DISCUSSION WAS AMONG AND BETWEEN

COUNSEL.

Q. WAS MR. SAMS TALKING TO MR. GREEN?

A. PART OF THE TIME, YES.

Q. DID THE PARTICIPANTS, OTHER THAN MR. SAMS AND

MR. GREEN, HAVE QUESTIONS TO MR. SAMS AND MR. GREEN?

A. WELL, I MAY HAVE. I DON'T -- I DON'T RECALL

SPECIFIC QUESTIONS. IT WAS -- AS YOU CAN IMAGINE WITH

SEVERAL PEOPLE IN A ROOM, THERE WAS JUST -- IT WAS

BASICALLY JUST BACK-AND-FORTH DISCUSSION. THERE WAS

NOT A FIXED AGENDA OF ISSUES TO DISCUSS. IT WAS A

GENERAL DISCUSSION CENTERED AROUND OUR REPORT.

Q. OKAY. CAN YOU REMEMBER ANY SPECIFIC COMMENTS

MADE BY DR. PRESLEY?

A. WE TALKED BRIEFLY ABOUT DISSOLVED ORGANIC

CARBON AND HOW THAT MIGHT BEHAVE, WHETHER HE HAD ANY

INSIGHTS ON THAT GENERAL ISSUE. AS FAR AS HOW

DISSOLVED ORGANIC CARBON MIGHT BE TRANSPORTED, AS I

RECALL, HIS IMPRESSION WAS THAT IT WOULDN'T GO VERY

 

 

 

 

 

 

 

 

 

MR. BIGHAM PAGE 81

FAR, BUT IT WAS -- IT WAS NO MORE SPECIFIC THAN THAT.

Q. DID DR. HENRY HAVE ANY COMMENTS?

A. I'M NOT SURE I UNDERSTAND WHAT YOU MEAN BY

"COMMENTS." SHE CERTAINLY PARTICIPATED IN THE

DISCUSSION.

Q. DID SHE ASK ANY QUESTIONS?

A. I PRESUME SHE DID. AGAIN, I COULDN'T

PARAPHRASE ANY SPECIFIC QUESTION.

Q. DID YOU GO THROUGH THE DRAFT REPORT PARAGRAPH

BY PARAGRAPH?

A. NO.

Q. OKAY. LET'S TURN TO PAGE ONE OF THE

MARCH 17TH DRAFT REPORT. ON THIS PAGE, DO YOU RECALL

ANY COMMENTS OR ANY DISCUSSION BY ANY OF THE

PARTICIPANTS ON THIS PAGE?

MR. SAMS: I'M GOING TO OBJECT TO THE

FORM OF THE QUESTION, BECAUSE THE WITNESS HAS

STATED THAT IT WAS A GENERAL DISCUSSION, NOT

ITEM-BY-ITEM. ARE YOU ASKING HIM WHETHER ANY

OF THE GENERAL DISCUSSION MIGHT HAVE ANY

RELATIONSHIP TO WHAT'S ON THE FIRST PAGE?

MS. HOGAN: UH-HUH, UH-HUH (YES).

A. WELL, LET ME READ THE FIRST PAGE.

Q. OKAY.

 

 

 

 

 

 

 

 

 

MR. BIGHAM PAGE 82

(THEREUPON, WITNESS REVIEWS DOCUMENT.)

A. I DON'T RECALL ANY SPECIFIC DISCUSSION OF THE

PARAGRAPHS HERE ON THE FIRST PAGE.

Q. OKAY. CAN YOU LOOK AT THE SECOND PAGE?

(THEREUPON, WITNESS REVIEWS DOCUMENT.)

A. IS THERE A QUESTION?

Q. YES. DO YOU RECALL ANY OF THE SUBJECTS LISTED

ON THIS PAGE AS BEING DISCUSSED DURING THAT SIX-HOUR

MEETING?

A. I THINK THERE MAY HAVE BEEN SOME DISCUSSION

ALONG THE LINES OF WHAT'S IN THE LAST PARAGRAPH,

SUPPORTING THE NOTION THAT ABIOTIC METHYLATION PROBABLY

OCCURS IN ADDITION TO BIOLOGICALLY-MEDIATED

METHYLATION, AND THAT THAT MAY BE IMPORTANT IN THE

EVERGLADES.

Q. OKAY. WHO PARTICIPATED IN THAT DISCUSSION?

A. I DON'T RECALL EXACTLY.

Q. OKAY. THE THIRD PAGE, CAN YOU REVIEW THAT AND

THEN TELL ME WHETHER OR NOT ANY OF THE TOPICS ADDRESSED

ON THAT PAGE WERE DISCUSSED DURING THE SIX-HOUR

MEETING?

(THEREUPON, WITNESS REVIEWS DOCUMENT.)

MR. SAMS: I'M GOING TO OBJECT TO THE

FORM.

 

 

 

 

 

 

 

 

 

MR. BIGHAM PAGE 83

A. REALIZE THAT THE TOPIC -- YOU ASKED ME IF THE

TOPICS ON THIS PAGE WERE DISCUSSED. EARLIER YOU ASKED

ME IF -- OR, IT'S MY IMPRESSION OF WHAT YOU WERE ASKING

ME WAS WERE THESE PARAGRAPHS DISCUSSED, AND REALIZE

THAT THESE TOPICS REOCCUR THROUGHOUT THIS REPORT---

Q. I SEE. OKAY. WELL, THEN, WERE THESE

PARAGRAPHS---

A. PERHAPS YOU COULD CLARIFY WHAT YOU'RE

INTERESTED IN.

Q. OKAY.

MR. SAMS: JUST FOR THE RECORD, ARE YOU

ASKING HIM NOW WHETHER THE PARTICULAR

PARAGRAPHS WERE DISCUSSED?

MS. HOGAN: I'M ASKING HIM IF -- WHEN

THIS MEETING OCCURRED, IF THE SUBJECTS, THE

FORMAT, IF ANY OF THIS WAS DISCUSSED, IF

THIS---

MR. SAMS: I OBJECT, THEN, TO THE FORM,

BECAUSE ANY OF THIS IS IMPOSSIBLE TO ANSWER.

MAYBE WE COULD GO OFF THE RECORD; MAY WE DO

THAT?

MS. HOGAN: SURE.

(THEREUPON, THERE WAS AN

OFF-THE-RECORD DISCUSSION

 

 

 

 

 

 

 

 

 

MR. BIGHAM PAGE 84

WHICH WAS NOT REPORTED

BY THE COURT REPORTER.)

Q. (BY MS. HOGAN) WE'RE ON PAGE THREE?

A. YES.

Q. OKAY.

A. ON PAGE THREE, THERE WAS DISCUSSION OF THE

REPORT BY BARKAY AND -- WHICH, I THINK, IN GENERAL, WAS

TO CLARIFY OUR IMPRESSION OF THAT REPORT, WHICH BETSY

HENRY PARTICIPATED PRIMARILY IN THAT DISCUSSION.

Q. OKAY. WHAT DID THAT DISCUSSION CONSIST OF?

A. WAS MAINLY CONVEYING HER OPINION AS TO THE

NATURE OF THE REPORT -- YOU KNOW, DESCRIBING SOME OF

THE DETAILS THAT WERE IN IT, AND I REALLY DON'T RECALL

ALL THE SPECIFIC THINGS THAT SHE SAID.

Q. WHAT WAS HER GENERAL OPINION OF THE REPORT?

A. WELL, ONE THING THAT STANDS OUT IS THAT IT WAS

ONLY ONE FAIRLY SIMPLE EXPERIMENT, AND IT'S HARD TO

DRAW A STRONG CONCLUSION FROM JUST ONE EXPERIMENT, THAT

IT WAS AN INTERESTING OBSERVATION AND SHOULD BE

REPEATED.

Q. OKAY.

A. THERE WAS SOME DISCUSSION, I BELIEVE, RELATED

TO THE LAST PARAGRAPH ON THE INFLUENCE OF OXYGEN ON

METHYLMERCURY FORMATION, AND THAT WE HAVE OBSERVED IN

 

 

 

 

 

 

 

 

 

MR. BIGHAM PAGE 85

VERY LOW DISSOLVED OXYGEN CONTENT WATERS THAT

METHYLMERCURY -- OR, MERCURY METHYLATION OCCURS IN THE

WATER COLUMN ITSELF AND NOT ONLY IN THE SEDIMENTS.

Q. OKAY. AND WHEN YOU SAY "WE," YOU MEAN---

A. IN OUR PTI---

Q. ---PTI?

A. ---STUDIES OF ONONDAGA LAKE.

(THEREUPON, WITNESS REVIEWS DOCUMENT.)

I DON'T RECALL ANY PARTICULAR DISCUSSIONS WITH THE

PARAGRAPHS ON PAGE FOUR.

Q. ALL RIGHT. LET'S MOVE TO PAGE FIVE.

A. THERE WAS SOME GENERAL DISCUSSION OF THE FIRST

PARAGRAPH WITH RESPECT TO THE FOOD CHAIN. ONE TOPIC

THAT WE WERE NOT ABLE TO FIND MUCH INFORMATION TO

PRESENT IN THE REPORT WAS THE HYPOTHESIS THAT MERCURY

BIOACCUMULATION IN THE EVERGLADES MAY BE EXACERBATED BY

THE FACT THAT THE SYSTEM IS NUTRIENT-STARVED AND THAT

MANY OF THE FISH SPECIES OR FISH FOOD ORGANISMS, IN

SOME CASES, HAVE A DIET THAT'S BASED ON DETRITUS AS

OPPOSED TO, LET'S SAY, PLANKTON OR PERIPHYTON COMMUNITY

ORGANISMS. AND THAT THERE IS SOME SUGGESTION OR SOME

STATEMENTS IN THE LITERATURE THAT THAT CAN AGGRAVATE OR

EXACERBATE BIOACCUMULATION.

Q. OKAY. THE DETRITUS?

 

 

 

 

 

 

 

 

 

MR. BIGHAM PAGE 86

A. THAT -- COMMUNITIES THAT ARE DETRITUS-BASED.

AS THEY BECOME MORE AND MORE DETRITUS-BASED, THAT THAT

CAN AGGRAVATE BIOACCUMULATION.

(THEREUPON, WITNESS REVIEWS DOCUMENT.)

A. THERE WAS SOME GENERAL DISCUSSION ON THE

OBSERVATION IN THE SECOND PARAGRAPH THAT METHYLMERCURY

ACCUMULATES IN PROTEIN, AS OPPOSED TO FATTY TISSUE.

THERE IS SOMETIMES A MISCONCEPTION THAT METHYLMERCURY

IS JUST SIMPLY LIPOPHILIC, AND THE OBSERVATION THAT

MERCURY STRONGLY BINDS IN FISH TISSUE IS SOMETIMES

OVERLOOKED. AS I SAY, IT WAS A GENERAL DISCUSSION OF

AN OBSERVATION.

Q. OKAY.

A. ULTIMATE AGREEMENT -- OR NOT -- I SHOULDN'T

SAY ULTIMATE AGREEMENT, BUT NO FURTHER COMMENTS ON THAT

TOPIC FROM ANYBODY.

(THEREUPON, WITNESS REVIEWS DOCUMENT.)

A. AGAIN, IN THE LAST PARAGRAPH ON PAGE FIVE, IS

THIS PASSING DISCUSSION OF -- OR VERY GENERAL STATEMENT

REGARDING THE DETRITAL VERSUS PELAGIC FOOD WEBS,

ALTHOUGH I ALREADY DISCUSSED THAT; AND I THINK,

ACTUALLY, WE -- WELL, WE'VE ALREADY TALKED ABOUT THAT.

Q. PAGE SIX?

(THEREUPON, WITNESS REVIEWS DOCUMENT.)

 

 

 

 

 

 

 

 

 

MR. BIGHAM PAGE 87

A. THE PARTIAL PARAGRAPH ON THE TOP OF PAGE SIX,

I THINK THERE WAS SOME DISCUSSION WHERE WE WERE SIMPLY

AMPLIFYING THE POINT THAT IT'S VERY IMPORTANT TO

REALIZE THAT THERE IS NO GENERAL RELATIONSHIP FROM SITE

TO SITE TO SITE BETWEEN CONCENTRATIONS OF MERCURY IN

SEDIMENT OR WATER, AND RESULTING CONCENTRATIONS IN FISH

TISSUE. THAT IT'S A FAR MORE COMPLICATED SYSTEM THAT

ONE HAS TO UNDERSTAND THE VARIOUS MECHANISMS BEFORE

THEY CAN MAKE THE APPROPRIATE LINKAGE.

(THEREUPON, WITNESS REVIEWS DOCUMENT.)

A. I THINK THERE WAS SOME DISCUSSION ON THE

NEXT-TO-THE-LAST PARAGRAPH ON PAGE SIX, WHERE I WAS

POINTING OUT THAT THE EPA HAS PROPOSED SOME WATER

QUALITY CRITERIA FOR THE GREAT LAKES THAT ARE EVEN MORE

STRINGENT THAN THESE THAT ARE MENTIONED IN THE -- IN

THIS PARAGRAPH.

Q. WAS THIS PARAGRAPH CHANGED TO INCLUDE THAT

COMMENT?

A. NO, IT WAS NOT. IT WAS NOT A COMMENT; IT WAS

A---

Q. JUST AN OBSERVATION---

A. ---DISCUSSION AND, NO, WE HAVE NOT MODIFIED

THE REPORT TO TALK ABOUT OTHER CRITERIA AT THIS -- AT

LEAST, NOT YET.

 

 

 

 

 

 

 

 

 

MR. BIGHAM PAGE 88

(THEREUPON, WITNESS REVIEWS DOCUMENT.)

A. THAT WAS, I THINK -- ON PAGE SIX, I BELIEVE

THERE WAS SOME DISCUSSION THAT THIS PARAGRAPH -- LET'S

SEE, I'M NOT SURE IF IT'S THIS ONE OR NOT.

Q. THE FIRST PARAGRAPH ON PAGE SEVEN?

A. THAT THE FIRST PARAGRAPH MAY HAVE CONTAINED A

LOT MORE INFORMATION THAN WE REALLY NEEDED TO -- TO

HAVE.

(THEREUPON, WITNESS REVIEWS DOCUMENT.)

A. I THINK WE HAD SOME DISCUSSION RELATED TO THE

TOPICS IN THE MIDDLE PARAGRAPH ON PAGE SEVEN, ALONG THE

LINES TO SEE IF ANYONE HAD ANY FURTHER INFORMATION ON

THE NATURE OF ASSOCIATION OF METHYLMERCURY OR TOTAL

MERCURY WITH DISSOLVED ORGANIC CARBON. AND AS I

RECALL, IT WAS -- THERE WAS NOTHING NEW BEYOND WHAT WE

WERE ALREADY AWARE OF.

(THEREUPON, WITNESS REVIEWS DOCUMENT.)

A. THAT'S ALL FOR PAGE SEVEN.

Q. WHEN YOU SAID IN THE FIRST PARAGRAPH ON PAGE

SEVEN THAT IT MAY HAVE CONTAINED MORE INFORMATION THAN

YOU NEEDED TO HAVE, WHAT DID YOU MEAN?

A. THAT THERE WAS INFORMATION THERE THAT WAS NOT

GERMANE TO THE -- TO THE OVERALL DISCUSSION OR POINT OF

THE REPORT, AND THAT IT WAS NOT NECESSARY AND MIGHT

 

 

 

 

 

 

 

 

 

MR. BIGHAM PAGE 89

SERVE TO DETRACT THE READER IN FOLLOWING WHAT WE WERE

TRYING TO SAY.

Q. WHAT PORTIONS OF THE PARAGRAPH?

A. THE FIRST PORTION OF IT. I'M TRYING TO

REMEMBER IF WE -- THERE WAS -- I RECALL A PARAGRAPH

SIMILAR TO THIS OR, ACTUALLY, A COUPLE OF PARAGRAPHS

SIMILAR TO THIS, THAT WE ENDED UP TAKING OUT OF THE

REPORT. I'M NOT SURE IF THIS IS THE -- IF THIS MADE IT

TO THE FINAL REPORT OR THE FIRST PART OF THIS PARAGRAPH

WAS REMOVED.

Q. SO, IT'S THE DISCUSSION REGARDING THE NEGATIVE

CORRELATIONS WITH THE FISH MERCURY AND ALKALINITY,

CALCIUM, GROWTH RATE, pH?

A. CORRECT.

Q. AND THEN THE BOTTOM PART OF THE PARAGRAPH AS

WELL, OR JUST THAT TOP PART?

A. NO, WE CERTAINLY WANTED TO KEEP IN THE

DISCUSSION OF THE FIFTY-THREE FLORIDA LAKES, SINCE IT

RELATES TO FLORIDA SPECIFICALLY.

Q. OKAY. WE'RE ON TO PAGE EIGHT NOW?

A. YES.

Q. OKAY.

(THEREUPON, WITNESS REVIEWS DOCUMENT.)

A. THERE WAS SOME DISCUSSION OF THE FLORIDA LAKE

 

 

 

 

 

 

 

 

 

MR. BIGHAM PAGE 90

DATA AS TO THE RELATIONSHIP OF PHOSPHOROUS AND

CHLOROPHYLL, AND THAT WHEN ONE LOOKED AT THE

RELATIONSHIP BETWEEN CHLOROPHYLL AND FISH MERCURY

CONCENTRATIONS, FOR EXAMPLE, AND THAT THE RELATIONSHIP

APPEARED TO BE SLIGHTLY DIFFERENT, THEN IF ONE LOOKED

AT THE HIGHLY-RELATED RELATIONSHIP BETWEEN PHOSPHOROUS

AND FISH TISSUE CONCENTRATIONS. I THINK I POINTED OUT

AND I THINK BETSY PROBABLY ALSO POINTED OUT THAT IN

ATTEMPTING TO RELATE MERCURY TO NUTRIENTS, THAT THERE

CAN BE MANY CONFOUNDING FACTORS, THAT IT'S NOT ALWAYS

SIMPLE TO INTERPRET THOSE RESULTS. THAT, IDEALLY, ONE

WOULD HAVE NOT ONLY PHOSPHOROUS DATA BUT ALSO

CHLOROPHYLL a DATA, WHICH IS A MEASURE OF HOW MUCH

PHYTOPLANKTON IS IN THE WATER COLUMN AND, IN FACT, IN

OUR CASE, HOW MANY PARTICULATES ARE IN THE WATER

COLUMN, WHICH IS VERY IMPORTANT, WE BELIEVE. THAT

CHLOROPHYLL a IS ACTUALLY THE BETTER INDICATOR BUT,

UNFORTUNATELY, IT'S NOT BEEN MEASURED PREVIOUSLY TO OUR

KNOWLEDGE WITHIN THE EVERGLADES. IT SHOULD BE, BUT

IT'S NOT. AND, SO, AGAIN, IT WAS A SOMEWHAT GENERAL

DISCUSSION AND KIND OF GOING OVER HOW THOSE NUTRIENT

PRIMARY-PRODUCTIVITY RELATIONSHIPS WORK.

Q. OKAY. YOU SAID THAT CHLOROPHYLL a IS THE

BETTER INDICATOR OF---

 

 

 

 

 

 

 

 

 

MR. BIGHAM PAGE 91

A. I THINK FOR THIS PURPOSE, CHLOROPHYLL a WOULD

BE AN IMPORTANT PARAMETER TO MEASURE IN EVALUATING THE

INTERRELATIONSHIP OF PHOSPHOROUS AND MERCURY

BIOACCUMULATION, YES.

(THEREUPON, WITNESS REVIEWS DOCUMENT.)

A. THAT'S ALL FOR PAGE EIGHT.

(THEREUPON, WITNESS REVIEWS DOCUMENT.)

A. WE DID DISCUSS SOME OF THE ISSUES THAT ARE

PRESENT ON PAGE NINE. AND, OF COURSE, THIS IS STARTING

TO GET TO OUR KIND OF CENTRAL THESIS, THAT IT'S VERY

IMPORTANT TO CONSIDER THE INTERACTION OF PHOSPHOROUS

WITH THE CONCENTRATION OR MASS OF PARTICULATE MATTER IN

THE WATER COLUMN; HOW THAT INTERACTS WITH MERCURY; THE

IMPORTANCE OF BIODILUTION AND WHAT BIODILUTION REALLY

MEANS; THE FACT THAT IT'S REALLY NOT A RELEVANT CONCEPT

WITH RESPECT TO FISH TISSUE, BUT IS -- MORE OR LESS,

THE DEFINITION OF IT IS HOW IT RELATES TO PLANKTON IN

PARTICLES.

(THEREUPON, WITNESS REVIEWS DOCUMENT.)

A. I THINK THERE WAS ALSO SOME DISCUSSION OF THE

FACT THAT IT APPEARED THAT THIS IMPORTANT PROCESS HAS

SO FAR BEEN LARGELY OVERLOOKED IN THE EVERGLADES.

Q. THE PROCESS OF DILUTION?

A. BIODILUTION.

 

 

 

 

 

 

 

 

 

MR. BIGHAM PAGE 92

Q. BIODILUTION.

A. YES.

(THEREUPON, WITNESS REVIEWS DOCUMENT.)

A. I THINK THAT'S ALL FOR PAGE NINE.

(THEREUPON, WITNESS REVIEWS DOCUMENT.)

A. I DON'T THINK THERE WAS ANYTHING IN ADDITION

TO WHAT I'VE ALREADY MENTIONED WAS DISCUSSED WITH

RESPECT TO THE PARAGRAPHS ON PAGE TEN.

Q. OKAY. OTHER THAN THAT THE FOOD WEB BASE ON

THE---

A. CORRECT. YEAH, WE'RE STARTING TO GET TO THE

POINT WHERE WE'RE COMING BACK TO THE SAME TOPICS THAT

WERE IN EARLIER PARAGRAPHS.

Q. OKAY.

A. IT'S -- I THINK THAT'S ALL FOR PAGE TEN.

Q. OKAY.

(THEREUPON, WITNESS REVIEWS DOCUMENT.)

A. ON PAGE ELEVEN ON THE SECOND PARAGRAPH --

WELL, I GUESS I'VE ALREADY COVERED THAT. THAT IS THE

INTERACTION OR THE INFLUENCE OF DISSOLVED OXYGEN ON

METHYLMERCURY PRODUCTION.

Q. THAT'S IN THE LAST SENTENCE?

A. YES, IN THE LAST SENTENCE.

Q. "SEVERAL WORKERS HAVE NOTED A DAMPENING OF THE

 

 

 

 

 

 

 

 

 

MR. BIGHAM PAGE 93

DRAMATIC DIURNAL PATTERN OF DISSOLVED OXYGEN

CONCENTRATIONS IN EVERGLADE SYSTEM . . . ."

A. YES.

Q. WHAT IS MEANT BY "A DAMPENING"?

A. THAT THE EXTREME -- THAT THE HIGHS ARE NOT AS

HIGH AND THE LOWS ARE NOT AS LOW.

Q. AND WHEN IT SAYS "SEVERAL WORKERS," WHAT---

A. "HAVE NOTED A DAMPENING"?

Q. YEAH, BUT WHAT IS MEANT BY "WORKERS"?

A. OH, INVESTIGATORS; IT'S PEOPLE WHO HAVE

PUBLISHED IN THE LITERATURE.

(THEREUPON, WITNESS REVIEWS DOCUMENT.)

A. AGAIN, IN THE LAST PARAGRAPH, I DON'T KNOW IF

THEY -- THAT THERE WAS ANY CONVERSATION DIRECTLY

LINKED TO THIS PARAGRAPH, BUT IT'S -- THERE WAS, OF

COURSE, DISCUSSION OF THESE TYPES OF TOPICS, AS TO

WHETHER OR NOT IN THE VERY NUTRIENT-POOR PORTIONS OF

THE EVERGLADES THAT DEMETHYLATION WAS SOMEHOW BEING

INHIBITED, ALSO, WHICH SEEMED TO BE A POSSIBILITY.

Q. IN THE NUTRIENT-POOR?

A. CORRECT.

Q. AND WHAT KIND OF DISCUSSION DID YOU HAVE ON

THAT?

A. WELL, THAT IT WAS A POSSIBILITY BUT THERE ARE

 

 

 

 

 

 

 

 

 

MR. BIGHAM PAGE 94

NO DATA TO SUPPORT IT ONE WAY OR ANOTHER, AND IT'S

CLEARLY SOMETHING THAT SHOULD BE LOOKED INTO.

Q. OKAY. THIS PARAGRAPH WAS TAKEN OUT, FROM

METHYLMERCURY TO THE WORD PRODUCTION ON PAGE TWELVE.

WAS THAT A SUGGESTION THAT WAS MADE AT THAT MEETING?

A. I DON'T RECALL. I DON'T RECALL ANY SPECIFIC

RECOMMENDATIONS TO REMOVE THIS PARAGRAPH.

(THEREUPON, WITNESS REVIEWS DOCUMENT.)

A. THAT'S ALL ON PAGE ELEVEN.

Q. BACK ON PAGE ELEVEN, THERE'S A MENTION AGAIN

OF THE BARKAY STUDY. WAS THAT DISCUSSED AGAIN?

A. I DON'T RECALL ANY FURTHER DISCUSSION BEYOND

GENERAL DISCUSSION THAT I---

Q. MENTIONED PREVIOUSLY?

A. ---MENTIONED EARLIER, YEAH.

Q. OKAY.

(THEREUPON, WITNESS REVIEWS DOCUMENT.)

A. THERE WAS SOME DISCUSSION WITH RESPECT TO THE

FIRST FULL PARAGRAPH ON PAGE TWELVE. I'M NOT SURE IF

IT WAS OF THIS PARTICULAR PARAGRAPH, BUT THIS PARAGRAPH

REMINDS ME THAT WE DID HAVE SOME DISCUSSION OF THE

EXTENT WITHIN THE WCA, OR THE WATER CONSERVATION AREAS,

OF THE INFLUENCE OF PHOSPHOROUS ON BIOACCUMULATION.

AND THAT, OF COURSE, THE EXTENT OF THE INFLUENCE ON

 

 

 

 

 

 

 

 

 

MR. BIGHAM PAGE 95

BIOACCUMULATION IS GOING TO COVER PRETTY MUCH THE SAME

AREA AS THE EXTENT OF INFLUENCE OF THE PHOSPHOROUS, IS

THE EASY ANSWER TO THAT. HOWEVER, IT'S DIFFICULT TO

PREDICT THAT IN THAT IT WOULD BE NICE TO BE ABLE TO

COUPLE SOME OF OUR INFORMATION WITH OTHER INFORMATION

ON THE DISTRIBUTION OF THE PHOSPHOROUS THAT WE MIGHT BE

ABLE TO COME UP WITH. SO, THIS WAS AN AREA WE WERE

INTERESTED IN PURSUING FURTHER IF WE CAN GET MORE

INFORMATION ON IT.

Q. OKAY.

(THEREUPON, WITNESS REVIEWS DOCUMENT.)

A. THERE WERE A COUPLE THINGS WE DISCUSSED

RELATIVE TO THE MIDDLE PARAGRAPH HERE ON PAGE TWELVE.

Q. THE ONE THAT BEGINS WITH "IN ADDITION"?

A. YES.

Q. OKAY.

A. WITH RESPECT TO THE EPA DATA AND THE FORM OF

THE INFORMATION AVAILABLE TO US, WHICH WAS MAINLY SOME

BAR CHARTS, THAT THAT PRELIMINARY FORM OF THE DATA

COULD BE A LITTLE MISLEADING IN THAT IT DIDN'T GIVE

YOU ANY UNDERSTANDING AS TO HOW SUCCESSIVE POINTS

WERE HYDRAULICALLY CONNECTED. THAT IS, I MEAN, IT

COULD BE LIKE COMPARING ONE DATA POINT IN ONE LAKE TO

A DATA POINT IN ANOTHER LAKE AND NOT KNOWING THAT THEY

 

 

 

 

 

 

 

 

 

MR. BIGHAM PAGE 96

WERE TWO SEPARATE LAKES.

Q. OKAY.

A. AND THAT THAT WAS SOMETHING WE NEED TO PURSUE

FURTHER TO BETTER UNDERSTAND THAT DATA SET.

Q. OKAY.

(THEREUPON, WITNESS REVIEWS DOCUMENT.)

A. ALSO IN THAT PARAGRAPH WITH REGARD TO FIGURE

TWELVE, THERE WAS SOME DISCUSSION MORE OF CLARIFICATION

TO MAKE SURE EVERYONE UNDERSTOOD WHAT WE WERE

ATTEMPTING TO DEMONSTRATE HERE. AND THAT WHAT WE'RE --

THE MOST INTERESTING FEATURE HERE, MOST IMPORTANT

FEATURE, RELATES TO THE MAXIMUM VALUE THAT RELATES TO

ANY GIVEN PHOSPHOROUS CONCENTRATION.

Q. WHAT DO YOU MEAN?

A. THAT IS, THAT -- IF YOU LOOK ON FIGURE TWELVE,

THAT WE ARE ESPECIALLY INTERESTED HOW THE MAXIMUM

DISSOLVED METHYLMERCURY CONCENTRATIONS -- LET'S SAY

AT -- YOU SEE HOLEYLAND C, YOU SEE WCA-F -- THAT, IN

THE REGION OF ZERO TO TWENTY MICROGRAMS TOTAL

DISSOLVED PHOSPHOROUS, THAT WE CAN HAVE -- THAT THE

MAXIMUM VALUES CAN BE FAIRLY HIGH. OF COURSE, WE CAN

ALSO HAVE SOME VERY LOW VALUES. BUT THE IMPORTANT

THING IS HOW HIGH DOES THE HIGH GET?

THERE ARE A NUMBER OF OTHER THINGS THAT MIGHT BE

 

 

 

 

 

 

 

 

 

MR. BIGHAM PAGE 97

LIMITING THE MAXIMUM DISSOLVED METHYLMERCURY

CONCENTRATION IN ADDITION TO PHOSPHOROUS, AND THAT MAY

EXPLAIN SOME OF THESE LOW POINTS. BUT WE'RE INTERESTED

IN RELATIONSHIP TO PHOSPHOROUS; HOW HIGH CAN THAT VALUE

BE? AND AS WE SEE IN THE REGION OF ZERO TO TWENTY

MICROGRAMS PER LITER, AS YOU SEE, DISSOLVED

METHYLMERCURY CONCENTRATIONS FROM THIS DATA SET WERE UP

TO POINT TWO FOUR NANOGRAMS PER LITER. HOWEVER, WHERE

THERE WERE INCREASED LEVELS OF TOTAL DISSOLVED

PHOSPHOROUS, LET'S SAY IN THE REGION OF FORTY TO SIXTY

MICROGRAMS PER LITER, THE HIGHEST VALUES AS

REPRESENTED, LET'S SAY, BY THAT POINT ENR-C, WAS ON THE

ORDER OF POINT ONE.

Q. AND, SO, WHAT'S THE IMPLICATION?

A. THE IMPLICATION HERE AND THE POINT THAT WE

WANTED TO GET ACROSS WAS THAT THIS FIGURE IS WHAT

DEMONSTRATES THAT -- BEST DEMONSTRATES THAT VARIOUS

LEVELS OF TOTAL DISSOLVED PHOSPHOROUS SEEM TO CONTROL

THE MAXIMUM VALUE THAT CAN BE -- THAT WILL BE OBSERVED

WITH RESPECT TO DISSOLVED METHYLMERCURY IN THIS CASE.

Q. OKAY.

A. THERE SEEMS TO BE A CONTROLLING INFLUENCE.

Q. WHY, EXCUSE ME, IS THIS DATA SET NOT LIKE

COMPARING DATA FROM DIFFERENT LAKES?

 

 

 

 

 

 

 

 

 

MR. BIGHAM PAGE 98

A. YOU'RE REFERRING TO MY COMMENT ON THE EPA

DATA?

Q. YEAH.

A. THE REASON IS -- IDEALLY, I THINK THE BEST WAY

TO EVALUATE THE EPA DATA IS, FIRST OF ALL, LOOK AT THE

DATA THAT YOU KNOW ARE HYDRAULICALLY RELATED. THAT IS,

FOR EXAMPLE, PICK A CANAL AND YOU MIGHT FIND THAT THERE

ARE SEVERAL SAMPLE STATIONS IN THAT CANAL THAT GO FROM

UPSTREAM TO DOWNSTREAM. OF COURSE, THESE CANALS ARE A

LITTLE BIT UNUSUAL IN THAT THERE ARE NUMEROUS BREACHES

AND, YOU KNOW, THAT THEY -- WITHDRAWALS OF WATER ALONG

THE WAY. BUT, NEVERTHELESS, THAT, FOR EXAMPLE, WOULD

REPRESENT A SYSTEM THAT'S MOST LIKE A RIVER, LET'S SAY;

AND ONE WHERE WE HAVE AN UNDERSTANDING ALREADY FROM

OTHER INVESTIGATIONS IN THE REST OF THE WORLD AS TO HOW

WATER QUALITY SHOULD BEHAVE.

SO, FIRST OF ALL, LET'S -- YOU KNOW, WE SHOULD

LOOK AT THOSE POINTS AND SEE WHAT SORT OF RELATIONSHIPS

WE SEE, BECAUSE SOME OF THOSE CANAL STATIONS -- FOR

EXAMPLE, THE NORTH NEW RIVER CANAL MAY BE TOTALLY

DIFFERENT HYDRAULICALLY FROM SOME OTHER CANALS. FOR

EXAMPLE, THE -- THERE ARE SOME STATIONS DOWN BY THE --

I BELIEVE IT'S THE L-67a CANAL. I DON'T HAVE THE MAP.

YES, DOWN BY L-67a WHICH ARE HYDRAULICALLY VERY, VERY

 

 

 

 

 

 

 

 

 

MR. BIGHAM PAGE 99

DIFFERENT. I MEAN, THAT'S ALMOST MORE LIKE STAGNANT

WATER THAN IT IS A RIVER. ONE HAS TO BE VERY CAREFUL

IN MAKING COMPARISONS BETWEEN, YOU KNOW, THOSE TYPES OF

DIFFERENT SITUATIONS.

AND I THINK, TOO, ULTIMATELY YOU'RE GOING TO FIND

A BIG DIFFERENCE BETWEEN WHAT YOU OBSERVE IN THE CANAL

VERSUS WHAT YOU OBSERVE IN THE MARSH.

(THEREUPON, MS. HOGAN AND DR. JONES CONFER.)

Q. OKAY. DO YOU KNOW THE FLOWS IN THE L-67a, THE

FLOW RATES?

A. I KNOW THAT THEY ARE BASICALLY BORROW CANALS

CONFINED BY A SINGLE LEVY. I DID HAVE SOME INFORMATION

ON FLOW RATES; I DON'T -- IT WAS IN ONE OF MY PAPERS

THAT WE PRODUCED. AS I RECALL, IT WAS PRETTY LOW.

THERE'S NOT A WHOLE LOT OF WATER BEING MOVED IN THAT

SYSTEM.

Q. OKAY. THAT'S IN ONE OF THE DOCUMENTS YOU

PRODUCED?

A. CORRECT.

Q. OKAY. OKAY. ARE WE ON PAGE TWELVE?

A. YES, STILL ON PAGE TWELVE.

Q. OKAY.

(THEREUPON, WITNESS REVIEWS DOCUMENT.)

A. IN THE LAST PARAGRAPH, IT'S JUST SOME

 

 

 

 

 

 

 

 

 

MR. BIGHAM PAGE 100

DISCUSSION OF THE DIFFERENCES IN CANALS. I THINK I HAD

ASKED FOR SOME INFORMATION ON WATER DEPTHS, WHICH I

GOT, WHICH INDICATED THAT THROUGHOUT MOST OF THE CANAL

SYSTEMS WATER DEPTHS ARE ON THE ORDER OF TWELVE TO AS

MUCH AS TWENTY FEET, AND THAT -- OF COURSE, THAT'S FAR

GREATER THAN THE DEPTH OF WATER THROUGHOUT MOST OF THE

MARSH SYSTEM.

Q. OKAY. I WAS GOING TO ASK YOU THE

RELATIONSHIPS.

A. I THINK THAT'S ALL FOR PAGE TWELVE.

Q. OKAY.

(THEREUPON, WITNESS REVIEWS DOCUMENT.)

A. ON PAGE THIRTEEN, THERE WAS SOME DISCUSSION, I

BELIEVE, AS TO HOW DIFFERENCES IN SEDIMENTATION RATE

MIGHT INFLUENCE THE ULTIMATE CONCENTRATION OF MERCURY

IN SEDIMENTS IN THE CANAL OR IN THE EPA DATA SET; AND

THAT THIS CONCEPT OF BIODILUTION IS RELEVANT TO THAT

ISSUE, IN THAT IF YOU HAVE HIGHER CONCENTRATION OF

PARTICLES, WHICH WITH BIODILUTION HAS A RELATIVELY

LOWER CONCENTRATION OF MERCURY ON THOSE PARTICLES, THAT

THOSE TEND TO SETTLE OUT. IN FACT, YOU KNOW, YOUR

ACCUMULATION RATE OF THOSE PARTICLES ON THE BOTTOM IS

GOING TO BE HIGHER THAN SOMEPLACE FURTHER DOWNSTREAM,

LET'S SAY, WHERE THERE'S NO BIODILUTION, AND THAT THE

 

 

 

 

 

 

 

 

 

MR. BIGHAM PAGE 101

ULTIMATE CONCENTRATION OF MERCURY IN THE SEDIMENTS

WOULD END UP BEING LOWER THAN WHAT YOU MIGHT FIND

DOWNSTREAM, WHICH MIGHT BE A LITTLE BIT

COUNTERINTUITIVE.

Q. OKAY.

(THEREUPON, WITNESS REVIEWS DOCUMENT.)

A. LET'S SEE. THERE WAS, CERTAINLY, DISCUSSION

OF WHAT SORT OF INVESTIGATIONS THAT WE WOULD RECOMMEND.

IT STARTS TO GET INTO PAGE THIRTEEN AND CONTINUES ON TO

PAGE FOURTEEN. IN PARTICULAR, I KNOW WE DISCUSSED

THE -- HOW LONG OR HOW EXTENSIVE AN INVESTIGATION MIGHT

BE. AS I RECALL, I THINK WE SETTLED ON THREE YEARS,

WHICH IS WHAT WE PUT IN THE FINAL DRAFT. WE -- YOU

KNOW, FOR COMPARISON, OUR STUDIES AT ONONDAGA LAKE ARE

RIGHT NOW SCHEDULED TO BE ABOUT FOUR YEARS. AND THE

DISCUSSION WAS ALONG THE LINE, YOU KNOW, IT'S HARD TO

TELL EXACTLY HOW LONG IT'S GOING TO TAKE, BUT THESE

TYPES OF INVESTIGATIONS DO TAKE QUITE A LONG TIME BY

THE TIME YOU'RE FULLY PREPARED TO DECIDE EXACTLY -- YOU

KNOW, MAKE THE FINAL PLANS FOR THE INVESTIGATION; DO

THE DATA COLLECTION, AND THEN, ESPECIALLY, TO PREPARE

THE REPORTS WHICH CAN -- SEEMS LIKE WE WERE ALWAYS

UNDERESTIMATING THE AMOUNT OF TIME THAT THAT TAKES.

Q. HOW DID YOU SETTLE ON THE THREE YEARS?

 

 

 

 

 

 

 

 

 

MR. BIGHAM PAGE 102

A. WELL, THAT WAS, I THINK, THE BEST JUDGMENT OF

MYSELF AND BETSY, AS TO HOW LONG THAT PROCESS WOULD --

COULD TAKE. REALLY, MY FEELING IS THAT THAT'S PROBABLY

THE SOONEST THAT IT COULD BE DONE, REALISTICALLY; THAT

IT COULD CERTAINLY TAKE LONGER.

Q. WHAT TYPES OF INVESTIGATIONS WERE DISCUSSED?

A. WE TALKED ABOUT REALLY TWO -- TWO THINGS. ONE

IS WHAT YOU MIGHT CLASSIFY AS MONITORING-TYPE STUDIES,

AND THAT IS REPEATED OBSERVATIONS, AND HOW LONG IT

WOULD BE DESIRABLE TO DO THAT AND WHAT SORT OF

PARAMETERS WOULD BE GOOD TO MONITOR. THE OTHER TYPES

OF STUDIES ARE MORE MECHANISTIC, YOU MIGHT CALL THEM,

IN NATURE, AND THAT IS MORE HIGHLY FOCUSED STUDIES

AIMED AT TRYING TO DETERMINE ONE OF THE FUNDAMENTAL

MECHANISMS THAT MAY BE CONTROLLING BIOACCUMULATION, OR

SOMETHING LIKE DIRECT MEASUREMENT OF METHYLATION RATES

IN SEDIMENT AT DIFFERENT TYPES OF LOCATIONS THROUGHOUT

THE EVERGLADES.

Q. DID YOU DISCUSS THE AMOUNT OF MERCURY THAT

WOULD BE ACCUMULATING IN THE REST OF THE EVERGLADES

DURING THAT STUDY PERIOD, AND WEIGHING THAT IN TERMS OF

MORE MONITORING VERSUS MORE ACCUMULATION, MORE

METHYLATION?

A. NO, I DON'T -- I DON'T RECALL ANY -- YOU KNOW,

 

 

 

 

 

 

 

 

 

MR. BIGHAM PAGE 103

THAT POINT COMING UP OR ANY DISCUSSION ABOUT IT.

Q. WHAT DO YOU THINK ABOUT THAT?

MR. SAMS: OBJECT TO THE FORM.

A. COULD YOU REPHRASE THAT QUESTION?

Q. WELL, AT PRESENT---

A. OR RESTATE? I'M SORRY.

Q. OKAY. AT PRESENT, THERE IS AN ACCUMULATION OF

MERCURY WITHIN THE SYSTEM NOW; MERCURY IS ACCUMULATING.

A. UH-HUH (YES).

Q. AND IF YOU DELAY CONSTRUCTION OF THE STA'S TO

STUDY THE EFFECTS OF PHOSPHOROUS ON THE

BIOACCUMULATION, HAVE YOU THOUGHT ABOUT, YOU KNOW, THE

PROS AND CONS OF WAITING?

A. OH, YES, VERY MUCH SO. I MEAN, MY FEELING IS

THAT THE CONSTRUCTION OF THE STA'S ULTIMATELY COULD

AGGRAVATE THE PROBLEM OF BIOACCUMULATION IN THE

EVERGLADES, CERTAINLY IN THE VICINITY OF THE STA'S.

AND THAT IT'S OF GREAT IMPORTANCE THAT THE PROBLEM BE

EVALUATED PRIOR TO CONSTRUCTION OF THE STA'S.

Q. DO YOU THINK THAT THE METHYLATION THAT WILL

CONTINUE DURING THAT WAITING PERIOD IS GREATER THAN THE

POTENTIAL METHYLATION -- EXCUSE ME -- IS GREATER THAN

THE POTENTIAL BIOACCUMULATION THAT THE STA'S WOULD

PRODUCE DURING THAT SAME TIME PERIOD, WITHIN THE STA'S?

 

 

 

 

 

 

 

 

 

MR. BIGHAM PAGE 104

A. WELL, IN MY OPINION, WE'RE TALKING ABOUT A --

THE CURRENT CONDITION AND PAST CONDITION IS ONE WHERE A

LEVEL OF BIOACCUMULATION HAS BEEN OCCURRING THAT IS

VIEWED AS BEING UNACCEPTABLE -- AT LEAST BY THE STATE,

ACCORDING TO THEIR ADVISORIES -- AND, IN MY OPINION,

THE POSSIBILITY OF THE STA'S BEING CONSTRUCTED AND THE

RESULT OF PHOSPHOROUS REMOVAL, TO THE EXTENT THEY DO

THAT, IS GOING TO AGGRAVATE THAT PROBLEM. I WOULD SAY

THAT THE TRADE-OFF IS -- THERE'S LITTLE QUESTION THAT

IT WOULD BE WORTH IT.

FINISH THE PAGE, HUH?

Q. UH-HUH (YES). WE'RE ON FOURTEEN?

A. CORRECT.

Q. OKAY.

(THEREUPON, WITNESS REVIEWS DOCUMENT.)

A. I DON'T THINK THERE WAS ANYTHING FURTHER ON

FOURTEEN.

Q. OKAY. LET'S GO TO THE TABLES IN THE BACK.

A. UH-HUH (YES). TABLE 1, I DON'T THINK THERE

WAS ANY SPECIFIC DISCUSSION OF THIS TABLE. IT'S

RELATIVELY STRAIGHTFORWARD AND JUST IS POINTING OUT

GENERAL CHARACTERISTICS OF OLIGOTROPHIC VERSUS

EUTROPHIC SYSTEMS.

THAT'S BASICALLY THE SAME THING WITH TABLE 2,

 

 

 

 

 

 

 

 

 

MR. BIGHAM PAGE 105

WHICH IS AGAIN PROVIDING GENERAL CHARACTERISTICS OF

DIFFERENT TROPHIC-LEVEL SYSTEMS, THIS TIME IN TERMS OF

NUTRIENTS, CHLOROPHYLL a AND TRANSPARENCY MEASURED AS

SECCHI DEPTH.

NO -- NO PARTICULAR DISCUSSION OF TABLE 3 OR

TABLE 4 THAT I RECALL.

Q. OKAY. NOW WE'RE INTO THE FIGURES SECTION.

A. FIGURE 1, THE DIAGRAM SHOWS THE GENERAL

TRANSFORMATION PROCESSES IN AQUATIC SYSTEMS. THERE WAS

DISCUSSION OF THE TOPIC, BUT THERE WAS NO SPECIFIC

DISCUSSION DIRECTED AT THIS FIGURE.

Q. OKAY. WHAT WAS THE GENERAL DISCUSSION AS TO

THE TOPIC?

A. WELL, AS YOU CAN IMAGINE, THIS IS A CENTRAL

ISSUE TO THE WHOLE DISCUSSION OF BEHAVIOR OF MERCURY IN

THE ENVIRONMENT, SINCE THIS IS KIND OF A SUMMARY

DIAGRAM OF HOW IT ALL WORKS. THERE WAS NO SPECIFIC

ISSUES OR -- THAT I CAN RECALL. IT WAS -- ONLY MUCH OF

OUR CONVERSATION, YOU KNOW, HAD SOME BEARING OR WAS, IN

ONE WAY OR ANOTHER, RELATED TO CYCLING OF MERCURY.

(THEREUPON, WITNESS REVIEWS DOCUMENT.)

A. NO, THERE WAS NO SPECIFIC DISCUSSION OF

FIGURE 2 OR FIGURE 3. NO SPECIFIC DISCUSSION OF

FIGURE 4 THAT I RECALL. WE HAD DISCUSSED THE

 

 

 

 

 

 

 

 

 

MR. BIGHAM PAGE 106

INFORMATION PRESENTED IN FIGURE 5, IN THAT IT RELATES

TO SOME OF OUR OBSERVATIONS IN ONONDAGA LAKE AND THE

NATURE OF BIOACCUMULATION, AND THAT THIS IS THE TYPE OF

INFORMATION THAT NEEDS TO BE DEVELOPED FOR THE

EVERGLADES. BUT IT WAS -- THE DISCUSSION WAS ALONG THE

LINE OF OUR EXPLAINING WHAT WE HAD DONE SO EVERYBODY

ELSE WAS -- WAS AWARE OF THE DETAILS OF WHAT'S IN

FIGURE 5.

Q. OKAY.

A. SIMILAR SITUATION WITH FIGURE 6, IN THAT THIS

RELATES SOME OF OUR ONONDAGA LAKE OBSERVATIONS WITH

RESPECT TO METHYLMERCURY CONCENTRATIONS IN VARIOUS

COMPARTMENTS OF THE ONONDAGA LAKE SYSTEM. IN THIS

PARTICULAR CASE, WE'RE TALKING ABOUT THE PERCENTAGE OF

TOTAL MERCURY THAT IS REPRESENTED BY METHYLMERCURY, AND

THERE WAS SOME DISCUSSION OF THE FACT THAT IN LOWER

TROPHIC LEVELS, THAT THE FRACTION OF TOTAL MERCURY THAT

IS ACTUALLY METHYLMERCURY IS LESS THAN WHAT ONE

OBSERVES IN FISH.

THERE WAS SOME DISCUSSION OF FIGURE 7, WHICH SHOWS

THE RELATIONSHIP BETWEEN FISH MERCURY CONCENTRATIONS

AND CHLOROPHYLL a IN THE LAKES, FLORIDA LAKES, IN THE

LANGE REFERENCE. SOME OF IT, FOR EXAMPLE -- YOU KNOW,

AGAIN, POINTING OUT AND MAKING SURE THAT EVERYONE

 

 

 

 

 

 

 

 

 

MR. BIGHAM PAGE 107

UNDERSTOOD THAT WHAT WE'RE REALLY GETTING AT HERE IS

THE MAXIMUM CONCENTRATION THAT CAN OCCUR IN

RELATIONSHIP TO ANY PARTICULAR CONCEN -- YOU KNOW,

CONCENTRATION OF CHLOROPHYLL a, THAT IT'S TO BE

EXPECTED THAT YOU WILL GET POINTS THAT ARE ANYWHERE

BETWEEN THAT MAXIMUM AND ZERO BECAUSE OF OTHER

INFLUENCES. BUT AS FAR AS TRYING TO ESTIMATE THE

ACTUAL INFLUENCE OF CHLOROPHYLL a, THAT WE'RE MOST

INTERESTED IN LOOKING AT THESE MAXIMUM VALUES.

Q. WHAT WOULD THOSE OTHER INFLUENCES BE?

A. WELL, IN THE CASE OF LAKES, IT MIGHT BE

AVAILABLE LIGHT THAT YOU CAN PROVIDE THE FOOD; BUT IF

THE PLANKTON AREN'T ABLE TO PHOTOSYNTHESIZE, THEY'RE

NOT GOING TO UTILIZE THE AVAILABLE FOOD.

Q. WHAT WOULD THE INFLUENCES BE IN THE

EVERGLADES?

A. IN THE EVERGLADES, OTHER -- AT TIMES OTHER

NUTRIENTS MIGHT BE LIMITING. I DOUBT THAT LIGHT WOULD

BE THAT IMPORTANT. TEMPERATURE AT TIMES COULD BE

LIMITING THE ACTIVITY OF PLANKTON GROWTH.

Q. WHAT OTHER NUTRIENTS?

A. IRON IS A POSSIBILITY, I THINK. THAT'S KIND

OF A CLASSIC ONE. I DON'T KNOW SPECIFICALLY IF THAT'S

POSSIBLE IN THE EVERGLADES. ANOTHER LIMITING FACTOR IN

 

 

 

 

 

 

 

 

 

MR. BIGHAM PAGE 108

THE CONCENTRATION OF CHLOROPHYLL a -- OR PHYTOPLANKTON

IS JUST THE RATE IT'S BEING EATEN BY OTHER ORGANISMS,

TOO. SOMETIMES YOU GET LESS THAN OPTIMUM

CONCENTRATIONS BECAUSE THEY'RE BEING HEAVILY GRAZED.

I DON'T THINK THERE WAS ANY REAL PARTICULAR

DISCUSSION OF FIGURE 8, OTHER THAN THIS IS RIGHT OUT OF

LANGE'S PAPER, AND IT IS SHOWING QUITE CLEARLY THAT

THERE -- AS FAR AS THE LAKES IN FLORIDA, THAT THERE IS

AN INFLUENCE OF DEGREE OF EUTROPHICATION OR -- ON

CONCENTRATIONS OF MERCURY IN FISH.

Q. OKAY.

(THEREUPON, WITNESS REVIEWS DOCUMENT.)

A. I DON'T RECALL SPECIFIC DISCUSSIONS WITH

FIGURE 9. I'M SURE WE TALKED ABOUT IT, BUT I DON'T

KNOW EXACTLY WHAT WE -- WHAT THE TOPIC MAY HAVE BEEN,

OR FIGURE 10.

Q. YOU DON'T RECALL DISCUSSIONS REGARDING

FIGURE 10?

A. WELL, NOTHING -- NOTHING SPECIFIC. IT'S JUST

ONE THAT WE CREATED USING OR BASED ON HAKANSON'S MODEL

TO ILLUSTRATE THAT THE PARAMETERS THAT GO INTO THE

EQUATION THAT HE DEVELOPED IN HIS 1988 PAPER. THAT IS,

THAT SEDIMENT MERCURY CONDUCTIVITY LAKE AREA AND pH

WERE FACTORS THAT HE FOUND TO BE RELEVANT TO FISH

 

 

 

 

 

 

 

 

 

MR. BIGHAM PAGE 109

MERCURY CONCENTRATIONS IN SWEDISH LAKES, WHEN HE

STUDIED A VERY LARGE NUMBER OF LAKES. THAT HE SAW A

FAIRLY STRONG EMPIRICAL ASSOCIATION WITH THESE

PATTERNS.

THE OTHER THING TO NOTE ON THIS IS THAT WE

CONFINED THE RANGE OF THESE GRAPHS TO THE RANGE OF

HAKANSON'S OBSERVATIONS. WE ALSO PUT FISH MERCURY

CONCENTRATION ON THE SAME SCALE, SO THAT THE SLOPE OF

THE LINE WOULD GIVE THE READER A SENSE OF HOW IMPORTANT

THAT VARIABLE MIGHT BE. FOR EXAMPLE, IF YOU LOOK AT

LAKE AREA, THE SLOPE IS FAIRLY SMALL COMPARED TO

SOMETHING LIKE pH, INDICATING THAT THE pH IS A MORE --

WOULD BE A MORE IMPORTANT VARIABLE THAN -- OR MORE

SENSITIVE VARIABLE, I SHOULD SAY -- THAN LAKE AREA.

Q. DID YOU DISCUSS HOW THIS RELATES TO THE

EVERGLADES?

A. AT SOME POINT I'M SURE WE HAVE. THE -- AND

I'M SURE THE DISCUSSION WOULD BE AROUND THE POINT THAT

ONE HAS TO BE VERY CAREFUL IN TRYING TO TRANSFER

EMPIRICAL OBSERVATIONS FROM ONE AQUATIC SYSTEM TO

ANOTHER. WHETHER IT'S LAKES IN SWEDEN, THE LAKES IN

FLORIDA OR EVEN, PROBABLY, THAT COMMENT COULD APPLY TO

DIFFERENT PARTS OF THE EVERGLADES SYSTEM. THAT IT'S

IMPORTANT TO BE DEALING -- IF YOU WANT TO UNDERSTAND

 

 

 

 

 

 

 

 

 

MR. BIGHAM PAGE 110

THE MECHANISMS AND WHAT'S REALLY CONTROLLING THINGS,

THAT YOU HAVE TO HAVE APPROPRIATE DATA FROM THAT

PARTICULAR SYSTEM.

FIGURE 11, WE, OF COURSE, PROBABLY DISCUSSED THIS

IN THAT THERE WAS A FAIR AMOUNT OF DISCUSSION ABOUT THE

RESULTS OF THE KBN SAMPLING IN WCA-2A. THERE WAS

NOTHING SPECIFIC TO THIS FIGURE OTHER THAN IT WAS

AGREED THAT, YOU KNOW, THIS IS -- THESE ARE THE RESULTS

OF THE DATA, AND THAT IT SHOWS A STRONG RELATIONSHIP

BETWEEN DISSOLVED METHYLMERCURY AND TOTAL PHOSPHOROUS

CONCENTRATION.

Q. YOU'RE SAYING THIS DATA COMES FROM KBN?

A. CORRECT, AS IT MENTIONS THERE AT THE BOTTOM

WHAT THE SOURCE -- FROM KBN AND FROM THE DUKE

REPORT.

Q. OKAY.

A. AND THEN THE LAST ONE I THINK WE'VE ALREADY

DISCUSSED. I TALKED ABOUT FIGURE 12 EARLIER ON.

Q. OKAY. HAVING GONE THROUGH THE DRAFT, DOES IT

PROMPT YOU TO REMEMBER ANYTHING ELSE THAT MAY HAVE BEEN

DISCUSSED IN ADDITION TO THE ONES THAT YOU'VE JUST

MENTIONED?

A. NO.

Q. OKAY.

 

 

 

 

 

 

 

 

 

MR. BIGHAM PAGE 111

MS. HOGAN: ALL RIGHT. I THINK THIS

WOULD BE A GOOD POINT TO TAKE A BREAK FOR

LUNCH. WHY DON'T WE RESUME IN ABOUT AN HOUR.

(THEREUPON, A LUNCH BREAK WAS

TAKEN FROM 12:25 P.M. TO 1:48 P.M.)

EXAMINATION BY MS. HOGAN CONTINUES:

Q. SO, MR. BIGHAM, AFTER THE MARCH 18TH MEETING,

WHAT WAS THE NEXT STEP IN YOUR INVOLVEMENT WITH THE

REPORT?

A. AFTER THAT MEETING, BETSY HENRY TOOK THE LEAD

IN FINALIZING THE REPORT; AND OTHER THAN FREQUENT

DISCUSSIONS OF HOW PROGRESS WAS GOING AND PROBABLY

SOME ADDITIONAL DISCUSSION OF TECHNICAL ISSUES, I

REALLY DIDN'T HAVE MUCH MORE INVOLVEMENT WITH THE

REPORT.

Q. WHEN YOU SAY "TECHNICAL ISSUES," WHAT DO YOU

MEAN?

A. DISCUSSION OF ANY ADDITIONAL PAPERS WE HAD

READ; ANY FURTHER COMMENTS RELATED TO VARIOUS

MERCURY-CYCLING MECHANISMS, FOR EXAMPLE.

Q. DO YOU RECALL ANY OF THOSE DISCUSSIONS?

A. NO, I DO NOT RECALL ANYTHING SPECIFIC.

Q. OKAY. DID ANYONE ELSE BECOME INVOLVED IN THE

REPORT AFTER THE MARCH 18TH MEETING?

 

 

 

 

 

 

 

 

 

MR. BIGHAM PAGE 112

A. YES. WE HAD, AS WE TYPICALLY DO IN PTI, A

SENIOR TECHNICAL REVIEW, AS WELL AS AN EDITORIAL REVIEW

OF THE REPORT. THAT WAS DONE IN OUR OFFICE IN

BELLEVUE, WASHINGTON.

Q. AND WHO ARE THOSE PERSONS WHO DID THAT

TECHNICAL REVIEW---

A. LUCINDA JACOBS---

Q. ---AND THE EDITORIAL REVIEW?

A. ---AND ANNE McDONALD ALSO REVIEWED THE REPORT.

Q. OKAY. I'M GOING TO HAND YOU ANOTHER DOCUMENT

AND ASK IF YOU CAN IDENTIFY IT?

(THEREUPON, WITNESS REVIEWS DOCUMENT.)

A. THIS IS ANOTHER DRAFT OF OUR REPORT DATED

MARCH 22, 1994.

Q. DID YOU REVIEW THAT DRAFT REPORT?

A. NO, I DID NOT.

Q. I'M GOING TO HAND YOU ANOTHER DOCUMENT AND ASK

IF YOU CAN IDENTIFY IT?

A. THIS IS THE TRANSMITTAL LETTER OF OUR EXPERT

REPORT DATED MARCH 24TH FROM ME TO GARY SAMS AND SIGNED

BY ME OR -- EXCUSE ME -- SIGNED FOR ME BY ANNE

McDONALD.

Q. OKAY. DID YOU DRAFT THIS LETTER?

A. NO, I DID NOT. BETSY HENRY DRAFTED THAT

 

 

 

 

 

 

 

 

 

MR. BIGHAM PAGE 113

LETTER.

Q. OKAY.

A. I WAS OUT ON LEAVE THE WEEK THAT THAT WAS

TAKING PLACE AT A FUNERAL.

Q. DID YOU REVIEW THIS LETTER?

A. NO, I DID NOT.

Q. NO. I'M GOING TO HAND YOU ANOTHER DOCUMENT

AND ASK IF YOU CAN IDENTIFY IT?

(THEREUPON, WITNESS REVIEWS DOCUMENT.)

A. THIS IS A COPY OF OUR FINAL REPORT.

Q. DID YOU REVIEW THAT REPORT?

A. I'VE REVIEWED EARLIER DRAFTS, AS I EXPLAINED

EARLIER. I HAVE NOT GONE THROUGH AND REVIEWED, PER SE,

THIS PARTIC -- FINAL DRAFT.

Q. ARE YOU SAYING THAT YOU'VE NEVER SEEN THE

FINAL DRAFT UNTIL TODAY?

A. NO. I'VE SEEN IT, BUT I HAVEN'T REVIEWED

IT---

Q. DID YOU HAVE ANY---

A. ---WORD FOR WORD, PAGE FOR PAGE.

Q. OKAY. DID YOU HAVE ANY INPUT IN THAT FINAL

REPORT, OTHER THAN THE COMMENTS THAT WERE MADE AT THE

MARCH 18TH MEETING?

A. I DON'T RECALL ANY SPECIFIC CHANGES THAT WOULD

 

 

 

 

 

 

 

 

 

MR. BIGHAM PAGE 114

HAVE BEEN MADE IN RESPONSE TO ANYTHING I SAID AFTER THE

18TH MEETING.

Q. DID YOU SEE THAT REPORT PRIOR TO IT BEING SENT

OUT TO THE PEOPLE ON THIS MARCH 24, 1994, LIST?

A. NO, I DID NOT SEE IT BEFORE IT WENT OUT---

Q. OKAY.

A. ---THE FINAL. MY FEELING WAS THAT IT WAS IN

VERY GOOD ORDER, AND I WAS COMFORTABLE WITH IT GOING

OUT WITHOUT ANY FURTHER REVIEW ON MY PART BECAUSE OF

THE QUALITY OF THE PRODUCT, AS WELL AS THE EDITORIAL

AND TECHNICAL REVIEW IT RECEIVED SUBSEQUENT TO MY LAST

REVIEW.

Q. OKAY. DR. BIGHAM, IS IT COMMON KNOWLEDGE THAT

EUTROPHIC SYSTEMS DON'T HAVE MERCURY PROBLEMS?

A. EXCUSE ME, BUT IT'S MR. BIGHAM.

Q. I'M SORRY.

A. COULD YOU REPEAT THAT QUESTION?

Q. IS IT COMMON KNOWLEDGE THAT EUTROPHIC SYSTEMS

DON'T HAVE MERCURY PROBLEMS?

A. WITH REFERENCE TO THE ENTIRE POPULATION OF THE

UNITED STATES, PROBABLY NOT. I THINK WITHIN THE

COMMUNITY OF THOSE RESEARCHERS WHO HAVE BEEN CONDUCTING

RESEARCH ON BEHAVIOR OF MERCURY, I WOULD EXPECT THAT

THEY WOULD BE AWARE OF THE RELATIONSHIPS THAT HAVE BEEN

 

 

 

 

 

 

 

 

 

MR. BIGHAM PAGE 115

OBSERVED BETWEEN DEGREE OF EUTROPHY AND

BIOACCUMULATION, YES.

Q. SO, THEY WOULD BE FAMILIAR?

A. AMONG MERCURY RESEARCHERS, I WOULD THINK SO.

Q. OKAY. WHAT IS THE BASIC HYPOTHESIS OF THE

MARCH 24, 1994, DRAFT REPORT?

A. THE BASIC HYPOTHESIS OF THIS REPORT, I GUESS

TO BOIL IT DOWN TO ONE CENTRAL THEME, IS THAT WE

BELIEVE THAT PHOSPHOROUS THAT IS CURRENTLY -- OR

WHERE IT IS PRESENT AT ELEVATED LEVELS AS WE SEE IN

THE WCA-2A PROVIDES AMELIORATING OR MODERATING

INFLUENCE ON THE AMOUNT OF METHYLATION THAT OCCURS IN

THE FISH.

(THEREUPON, THERE WAS AN

OFF-THE-RECORD DISCUSSION

WHICH WAS NOT REPORTED

BY THE COURT REPORTER.)

Q. (BY MS. HOGAN) DO YOU AGREE WITH THE

HYPOTHESIS STATED IN THE REPORT?

A. YES, I DO.

Q. OKAY. DID I CUT YOU OFF?

A. (NODS NEGATIVELY.)

Q. WHAT CRITICISM DO YOU HAVE, IF ANY, OF THE

HYPOTHESIS AS STATED IN THE REPORT?

 

 

 

 

 

 

 

 

 

MR. BIGHAM PAGE 116

A. I DON'T BELIEVE I WOULD HAVE ANY CRITICISM

WITH THE HYPOTHESIS AS STATED IN THE REPORT.

Q. DOES THE REPORT IDENTIFY SPECIFIC MECHANISMS

WHICH CAUSE BIOACCUMULATION OF METHYLMERCURY IN THE

PRESENCE OF PHOSPHOROUS?

A. COULD YOU RESTATE -- SAY THAT AGAIN, PLEASE?

Q. YES. DOES THE REPORT IDENTIFY SPECIFIC

MECHANISMS WHICH CAUSE BIOACCUMULATION OF METHYLMERCURY

IN THE PRESENCE OF PHOSPHOROUS?

A. IT DOES NOT IDENTIFY THE SPECIFIC MECHANISMS.

I WISH WE COULD.

Q. OKAY. WHAT EXPERIMENTS OR STUDIES HAS PTI

CONDUCTED TO PROVE THE HYPOTHESIS THAT'S BEEN STATED IN

THE REPORT?

A. THE STUDIES WE'VE CONDUCTED TO PROVE THE

HYPOTHESIS HAS REALLY BEEN THE WORK REPORTED IN OUR

REPORT. THAT IS, WE HAVE NOT HAD TIME TO CONDUCT ANY

EXPERIMENTS. WHAT WE HAVE DONE IN THE APPROXIMATELY

SIX WEEKS WE HAVE HAD AVAILABLE WAS TO REVIEW ALL THE

LITERATURE AND INFORMATION WE COULD GET OUR HANDS ON

AND ASSIMILATE IN THAT PERIOD TO EVALUATE THAT SPECIFIC

ISSUE AS TO WHETHER OR NOT PHOSPHOROUS SEEMS TO HAVE A

MELIORATING EFFECT ON MERCURY BIOACCUMULATION.

Q. OKAY.

 

 

 

 

 

 

 

 

 

MR. BIGHAM PAGE 117

A. AND WE HAVE ATTEMPTED TO, AS COMPLETELY AS

POSSIBLE, DISPLAY ALL THE SUPPORTING EVIDENCE THAT WE

COULD COME UP WITH IN OUR REPORT.

Q. ALL RIGHT. WHAT IS YOUR HYPOTHESIS BASED ON

OTHER THAN THE CORRELATION BETWEEN PHOSPHOROUS

CONCENTRATION AND THE MERCURY IN FISH?

A. PROBABLY THE MOST IMPORTANT ADDITIONAL BIT OF

INFORMATION THAT IT'S BASED ON, IF I WERE TO TRY TO

SIMPLIFY THE ANSWER AS MUCH AS POSSIBLE, IS OUR -- ARE

THE EXTENSIVE OBSERVATIONS WE'VE MADE IN ONONDAGA LAKE

AND THE SYSTEM THAT WE'VE BEEN STUDYING FOR THE LAST

SEVERAL YEARS. AND IN ATTEMPTING -- WELL, NOT IN

ATTEMPTING BUT IN COMPARING OUR OBSERVATIONS IN THAT

SYSTEM TO THE OLIGOTROPHIC LAKES, WHERE BEHAVIOR OF

MERCURY AND BIOACCUMULATION HAS BEEN EXTENSIVELY

STUDIED.

IT HAS HIGHLIGHTED TO US, PERHAPS MORE THAN ANYONE

ELSE WHO HAS BEEN RESEARCHING THE BEHAVIOR OF MERCURY

IN VARIOUS ENVIRONMENTS, THE VERY BIG DIFFERENCE

BETWEEN THE RELATIONSHIP OF MERCURY IN WATER AND

MERCURY IN FISH. THAT IS, THAT IN OLIGOTROPHIC

SYSTEMS, A RELATIVELY SMALL AMOUNT OF MERCURY IN

WATER -- OR SEDIMENT, FOR THAT MATTER -- SEEMS TO

ULTIMATELY TRANSLATE INTO UNACCEPTABLY HIGH OR CAN

 

 

 

 

 

 

 

 

 

MR. BIGHAM PAGE 118

TRANSLATE INTO UNACCEPTABLY HIGH CONCENTRATIONS OF

MERCURY IN FISH.

ON THE OTHER HAND, IN OUR SYSTEM IN ONONDAGA LAKE,

WHICH IS TYPICALLY REFERRED TO AS HYPEREUTROPHIC, WHERE

WE HAVE LOTS -- LOTS AND LOTS OF PHOSPHOROUS, WE HAVE A

RELATIVELY HIGH CONCENTRATION OF MERCURY IN WATER AND

SEDIMENT, YET IT DOES NOT LEAD TO CORRESPONDINGLY HIGH

CONCENTRATIONS OF MERCURY IN FISH.

BASED ON THESE OBSERVATIONS, IT SEEMS QUITE CLEAR

TO US THAT PHOSPHOROUS AND THE RESULTS OF -- OR THE

EFFECTS OF EUTROPHICATION SEEM TO BE LARGELY

RESPONSIBLE FOR THIS DIFFERENCE.

Q. WHAT EXPERIMENTS OR STUDIES HAVE BEEN

CONDUCTED TO PROVE YOUR HYPOTHESIS -- NOT NECESSARILY

BY YOU, BUT JUST IN THE SCIENTIFIC COMMUNITY?

A. I THINK THERE'S A GENERAL ABSENCE OF

EXPERIMENTS THAT HAVE BEEN CONSTRUCTED TO SPECIFICALLY

PROVE THIS HYPOTHESIS OF PHOSPHOROUS/BIOACCUMULATION

RELATIONSHIP. MOST OF THE INFORMATION IN THE

LITERATURE RELATES JUST TO EMPIRICAL OBSERVATION, THAT

THIS SEEMS TO BE THE CASE. I'M NOT OF YET AWARE OF

ANYONE WHO'S BEEN ABLE TO OR HAS ATTEMPTED TO DESIGN

AND CONDUCT EXPERIMENTS THAT REALLY GET TO THE ISSUE OF

DEFINING THE MECHANISMS AND REALLY PROVING THE POINT.

 

 

 

 

 

 

 

 

 

MR. BIGHAM PAGE 119

IT'S WELL TO SUBSTANTIATE IT, BUT THERE'S STILL A LOT

MORE INFORMATION I THINK NEEDS TO BE COLLECTED.

Q. IS THE EFFECT OF PHOSPHOROUS AND

BIOACCUMULATION OF METHYLMERCURY DIRECT OR INDIRECT?

A. WELL, IT'S VERY MUCH INDIRECT, AND I THINK

THAT'S A VERY IMPORTANT FACT THAT NEEDS TO BE

RECOGNIZED AND IS OFTEN OVERLOOKED. AND WE TALKED

ABOUT SOME OF THAT THIS MORNING, AND THAT IS THAT

THE -- WE BELIEVE THAT THE PHOSPHOROUS HAS A STRONG --

CAN HAVE A STRONG INFLUENCE ON THE MASS OF PARTICLES IN

THE WATER COLUMN. AND, IN TURN, WHICH TENDS TO ADSORB

SOME OF THE METHYLMERCURY TO THE EXTENT THOSE PARTICLES

SEDIMENT OUT TO -- OR SETTLE OUT TO THE SEDIMENT

RENDERS THEM UNAVAILABLE FOR BIOACCUMULATION. THAT'S A

VERY KEY ISSUE. SO, IT'S AN INDIRECT PROCESS AND ONE

OF THE REASONS WHY IT'S SO DIFFICULT TO STUDY, TOO.

Q. IS IT POSSIBLE TO HAVE LOWER CONCENTRATIONS OF

MERCURY IN FISH AND STILL HAVE LARGER ABSOLUTE MASS OF

METHYLMERCURY IN THE SYSTEM?

A. ABSOLUTELY. IN FACT, ONONDAGA LAKE IS

PROBABLY ONE OF THE BEST EXAMPLES THAT I CAN THINK OF

OF WHERE THERE'S NO QUESTION BUT WHAT THAT'S TRUE.

COURT REPORTER: EXCUSE ME, YOU SAID

WHAT LAKE?

 

 

 

 

 

 

 

 

 

MR. BIGHAM PAGE 120

WITNESS: ONONDAGA, LET'S SEE IF I HAVE

THE SPELLING OF IT HERE, O-N-O-N-D-A-G-A.

COURT REPORTER: THANK YOU.

Q. (BY MS. HOGAN) DOES ELEVATED PHOSPHOROUS

EQUATE TO ELEVATED BIOMASS?

A. IN A NUTRIENT-LIMITED SYSTEM, IT WILL. THAT

IS, IF YOU START FROM VERY LOW PHOSPHOROUS

CONCENTRATIONS AND YOU ADD PHOSPHOROUS TO A

PHOSPHOROUS-LIMITED SYSTEM, IT WILL RESULT IN INCREASED

BIOMASS. HOWEVER, YOU CAN GET TO THE POINT WHERE IT'S

VIRTUALLY SATURATED WITH THE NUTRIENT, IN WHICH CASE

ADDITIONAL INPUT OF THE PHOSPHOROUS WILL HAVE NO EFFECT

IN INCREASING THE BIOMASS.

Q. DO YOU KNOW THE DENSITY OF THE PHYTOPLANKTON

IN THE FLORIDA EVERGLADES?

A. I AM NOT AWARE OF ANY CELL COUNTS OF

CHLOROPHYLL a MEASUREMENTS THAT HAVE BEEN MADE IN THE

EVERGLADES. I'VE BEEN LOOKING FOR THAT.

MS. HOGAN: OKAY. WE NEED TO MARK THAT

EXHIBIT AS THE NEXT EXHIBIT TO YOUR

DEPOSITION.

MR. SAMS: LISA, I DON'T THINK YOU'VE

MARKED THE ONE PRIOR TO IT, SO YOU MAY WISH

TO HAVE THE ONE THAT YOU'RE JUST MARKING

 

 

 

 

 

 

 

 

 

MR. BIGHAM PAGE 121

IDENTIFIED SPECIFICALLY FOR THE RECORD.

MS. HOGAN: OH, ALL RIGHT. THAT

EXHIBIT -- WHY DON'T WE DO THIS DIFFERENTLY.

LET'S MARK THIS ONE AS EXHIBIT 12 -- THAT

ONE, THAT'S EXHIBIT 12.

COURT REPORTER: OKAY. LET ME GET THAT

STICKER OFF OF THAT ONE.

MS. HOGAN: AND THEN WE'LL MARK THAT ONE

AS EXHIBIT 13.

(THEREUPON, THE DOCUMENTS REFERRED

TO ABOVE WERE MARKED AS DEFENDANT'S

EXHIBITS NOS. 12 & 13 - GARY N. BIGHAM

DEPOSITION - FOR IDENTIFICATION.)

MS. HOGAN: ALL RIGHT. EXHIBIT 12 WAS

THE MARCH 22, 1994, DRAFT, AND EXHIBIT 13 WAS

THE MARCH 22, 1994, DRAFT.

WITNESS: 24TH.

MS. HOGAN: WHAT DID I SAY?

WITNESS: 22ND.

MS. HOGAN: 22ND. OH, I'M SORRY.

Q. (BY MS. HOGAN) MR. BIGHAM, DID YOU REVIEW ANY

OF THE DATA PERTAINING TO ALGAL DISTRIBUTION AND

PRODUCTIVITY DONE BY SWIFT OF THE SOUTH FLORIDA WATER

MANAGEMENT DISTRICT?

 

 

 

 

 

 

 

 

 

MR. BIGHAM PAGE 122

A. NO, I DON'T BELIEVE I HAD ACCESS TO THAT.

Q. OKAY. DO YOU BELIEVE THAT IT'S POSSIBLE THAT

SULFATE-REDUCING BACTERIA IS BEING STIMULATED BY THE

PRESENCE OF SULFATE, AND THAT IT'S THE SULFATE THAT'S

CAUSING THE METHYLATION IN THE FLORIDA EVERGLADES?

A. COULD YOU REPEAT THE QUESTION, PLEASE?

Q. UH-HUH (YES). DO YOU BELIEVE THAT IT'S

POSSIBLE THAT SULFATE-REDUCING BACTERIA IS BEING

STIMULATED BY THE PRESENCE OF SULFATE, AND THAT IT'S

THE SULFATE THAT'S CAUSING THE METHYLATION?

A. I THINK IT'S POSSIBLE THAT SULFATE IN SOME

CASES OR PARTS OF THE SYSTEM MAY BE STIMULATING

METHYLATION. HOWEVER, THE LIMITED REVIEW OF THE EPA

DATA THAT I'VE BEEN ABLE TO DO SO FAR LOOKS LIKE

SULFATE IS BEING REMOVED -- OR SULFATE CONCENTRATIONS

ARE BEING REMOVED MORE BY DILUTION THAN THEY ARE BY

UTILIZATION. THAT IS, OVER TIME IN A PARCEL OF WATER,

THE PHOSPHOROUS CONCENTRATION DROPS RELATIVELY QUICKLY.

THE SULFATE CONCENTRATION DROPS AT ABOUT THE SAME RATE

THAT CONDUCTIVITY IS REDUCED, WHICH SUGGESTS DILUTION

AS OPPOSED TO UTILIZATION.

Q. MR. BIGHAM, HAVE YOU HAD THE OPPORTUNITY TO

REVIEW THE BROOKS AND RAND DATA?

A. WHICH BROOKS RAND DATA?

 

 

 

 

 

 

 

 

 

MR. BIGHAM PAGE 123

Q. THE METHYLMERCURY COMPENDIUM.

A. YES, I HAVE.

Q. OKAY. AND WHAT DID THAT DATA SHOW, IF YOU

REMEMBER?

A. WELL, THERE WERE DISSOLVED METHYLMERCURY

VALUES WHICH WE INCLUDED IN OUR REPORT, AND IT SHOWED

THAT THE CONCENTRATION OF METHYLMERCURY WAS -- LET'S

REFER TO A FIGURE -- YEAH, HERE IT IS -- FIGURE 11,

WHICH SHOWS THAT THE CONCENTRATION OF DISSOLVED MERCURY

WAS INCREASING AS TOTAL DISSOLVED PHOSPHOROUS

DECREASED.

Q. IS THAT DATA INCLUDED IN THE KBN REPORT?

A. I BELIEVE IT WAS.

(THEREUPON, THERE WAS AN

OFF-THE-RECORD DISCUSSION

WHICH WAS NOT REPORTED

BY THE COURT REPORTER.)

Q. (BY MS. HOGAN) DO YOU BELIEVE THAT YOU

REVIEWED FRONTIER GEOSCIENCE DATA IN THE KBN REPORT,

MAYBE AS OPPOSED TO BROOKS AND RAND DATA?

A. IT'S QUITE POSSIBLE.

Q. OKAY. I BELIEVE THAT WE MARKED THE KBN REPORT

AS EXHIBIT -- THAT RIGHT THERE -- OKAY, EXHIBIT 5 AND,

I BELIEVE, EXHIBIT 6.

 

 

 

 

 

 

 

 

 

MR. BIGHAM PAGE 124

(THEREUPON, WITNESS REVIEWS DOCUMENTS.)

A. WHAT'S THE QUESTION?

Q. OKAY. HAVE YOU REVIEWED OR SEEN BROOKS AND

RAND DATA ON METHYLMERCURY?

A. I'M LOOKING AT THE KBN REPORT, AND I DON'T SEE

MENTION TO BROOKS RAND.

Q. SO, YOU BELIEVE THAT YOU HAVE NOT SEEN THAT

DATA?

A. NO, I'M HAVING TROUBLE REMEMBERING WHICH --

EXACTLY WHICH DATA SET MIGHT HAVE BEEN PRODUCED BY

BROOKS RAND. I DON'T SEE ANYTHING HERE THAT SUGGESTS

THAT IT'S WITHIN THE KBN REPORT.

Q. OKAY. HAVE YOU SEEN BROOKS AND RAND DATA

BEYOND WHAT MAY OR MAY NOT HAVE BEEN INCLUDED IN THE

KBN REPORT?

A. WELL, YES. BROOKS -- BROOKS RAND HAS DONE A

LOT OF MERCURY ANALYSIS FOR ME IN ONONDAGA LAKE, AND

THAT'S WHY IT'S A FAMILIAR NAME, AND I MIGHT EASILY GET

IT MIXED UP---

Q. HAVE YOU SEEN BROOKS AND RAND DATA REGARDING

THE EVERGLADES?

A. I DON'T IMMEDIATELY RECALL WHICH DATA SET THEY

MAY HAVE DONE, IF ANY.

Q. OKAY. ALL RIGHT. HAVE YOU SEEN THIS DATA

 

 

 

 

 

 

 

 

 

MR. BIGHAM PAGE 125

BEFORE? WELL, I'M GOING TO HAND YOU ANOTHER DOCUMENT

AND ASK YOU IF YOU CAN IDENTIFY IT?

(THEREUPON, WITNESS REVIEWS DOCUMENT.)

A. I HAVE NOT SEEN THIS DOCUMENT BEFORE.

Q. OKAY. HAVE YOU EVER SEEN ANY DATA PRODUCED BY

WILLIAM PATRICK IN CONNECTION WITH METHYLMERCURY?

A. I SAW A REPORT THAT HE HAD DONE SOME TIME AGO

THAT DEALT WITH CONCENTRATIONS OF MERCURY IN SOILS AND

IN SUGAR CANE, AND WAS -- APPEARED TO BE AT THE ISSUE

OF SUGAR CANE OPERATIONS BEING A SOURCE OF MERCURY.

Q. DID YOU PRODUCE THAT REPORT?

A. I DON'T BELIEVE WE DID, BECAUSE WE DIDN'T USE

IT. IT WAS JUST KIND OF ACCESSORY INFORMATION BECAUSE

WE HAD NO INTENT OF PURSUING THAT, THE SPECIFIC ISSUE

OF MERCURY SOURCES.

MR. SAMS: FOR THE RECORD, I BELIEVE I

FORWARDED THAT TO COUNSEL FOR THE

UNITED STATES SIMULTANEOUSLY THIS PAST

WEEKEND WITH FORWARDING IT TO PTI; SO, I

WOULD REPRESENT THAT IT'S BEEN PRODUCED.

Q. (BY MS. HOGAN) ALL RIGHT. LET ME HAND YOU

THIS DOCUMENT, MR. BIGHAM, AND ASK YOU IF YOU CAN

IDENTIFY IT?

(THEREUPON, WITNESS REVIEWS DOCUMENT.)

 

 

 

 

 

 

 

 

 

MR. BIGHAM PAGE 126

A. YES. THIS IS A REPORT BY BILL PATRICK AND

OTHERS ON MERCURY IN SOILS AND PLANTS IN THE FLORIDA

EVERGLADES SUGAR CANE AREA.

Q. THAT YOU WERE REFERRING TO BEFORE?

A. CORRECT. THIS IS -- THIS IS THE REPORT BY

PATRICK THAT I HAVE SEEN.

Q. WHAT REPORT -- EXCUSE ME. WHAT IS THE DATE OF

THAT REPORT?

A. IT'S NOT DATED, ALTHOUGH THERE IS SOME

HANDWRITTEN NOTATION THAT IT'S -- PROCEEDINGS OF

MERCURY CONFERENCE, MONTEREY, CALIFORNIA, IN 1992.

Q. OKAY. IS THAT THE ONLY PATRICK DATA THAT YOU

HAVE SEEN REGARDING MERCURY IN THE EVERGLADES?

A. YES, IT IS.

(THEREUPON, THERE WAS AN

OFF-THE-RECORD DISCUSSION

WHICH WAS NOT REPORTED

BY THE COURT REPORTER.)

Q. (BY MS. HOGAN) OKAY. YOU'VE SPOKEN

FREQUENTLY TODAY ABOUT ONONDAGA LAKE AND THE WORK THAT

YOU'VE DONE UP THERE, OR THE WORK THAT PTI HAS DONE.

CAN YOU GIVE ME A GENERAL OVERVIEW OF WHAT WORK YOU'VE

DONE; WHAT ANALYSIS YOU'VE BEEN INVOLVED IN?

A. AT ONONDAGA LAKE?

 

 

 

 

 

 

 

 

 

MR. BIGHAM PAGE 127

Q. YES.

A. YES. LET ME START BY SAYING THE OBJECTIVE

OF THE WHOLE EXERCISE IN ONONDAGA LAKE IS TO TRY TO

UNDERSTAND THE MECHANISMS OF MERCURY CYCLING IN

BIOACCUMULATION SUFFICIENTLY IN ORDER TO RECOMMEND A

REMEDY FOR BIOACCUMULATION. TO THAT END, WE HAVE

TAKEN A VERY LARGE NUMBER OF SAMPLES OF SEDIMENTS OF

THE LAKE, MONTHLY WATER SAMPLES OVER ABOUT A

NINE-MONTH PERIOD. WE HAVE MEASURED CONCENTRATIONS

OF -- WELL, I SHOULD SAY WE'VE LOOKED AT -- WE HAVE

ANALYZED VARIOUS MERCURY SPECIES IN THE WATER SAMPLES.

WE'VE ALSO ANALYZED FOR METHYLMERCURY AND TOTAL

MERCURY IN PHYTOPLANKTONS, ZOOPLANKTON, NUMEROUS FISH

SPECIES.

WE HAVE DONE A -- BASICALLY, A MASS BALANCE OF

MERCURY FOR THE ENTIRE SYSTEM. WE'VE ALSO MONITORED

THE MERCURY IN TRIBUTARIES THAT COME INTO THE

ONONDAGA LAKE. WE ARE PREPARING A NUMERICAL MODEL

DESIGNED TO SIMULATE THE -- OR BE ABLE TO SIMULATE THE

CYCLING OF MERCURY, VARIOUS MERCURY SPECIES WITHIN THE

LAKE, AND ALSO TO MODEL THE PROCESSES OF

BIOACCUMULATION.

Q. AND HOW MANY YEARS DID YOU SAY YOU ENVISIONED

YOUR STUDY TAKING BEFORE ITS COMPLETION?

 

 

 

 

 

 

 

 

 

MR. BIGHAM PAGE 128

A. WE STARTED IN, I THINK IT WAS LATE '89.

HOPEFULLY, I'M NOT -- I MAY BE OFF A YEAR, BUT WE SPENT

MOST OF 1990 DEVELOPING A WORK PLAN, A VERY

COMPREHENSIVE WORK PLAN, WHICH WAS COMPLETED IN '91.

WE THEN CONDUCTED THE FIELDWORK THROUGHOUT 1992. AND I

DON'T RECALL THE EXACT NUMBER OF SAMPLES, BUT THERE ARE

THOUSANDS AND THOUSANDS OF MERCURY ANALYSES THAT WE'RE

TALKING ABOUT ALL TOGETHER, AND THERE'S ALSO A LOT OF

OTHER DATA THAT WERE COLLECTED ALONG WITH THAT. THERE

WERE A NUMBER OF ORGANIC COMPOUNDS THAT WERE ANALYZED

IN SEDIMENT TISSUE AS WELL. THERE WERE OTHER CONCERNS

BEYOND JUST -- JUST MERCURY, BUT CERTAINLY THE FOCUS OF

THIS INVESTIGATION IS MERCURY.

SO, THERE WAS QUITE AN EXTENSIVE PERIOD OF -- IT

TOOK A WHILE TO GET THE DATA BACK FROM THE LABS TO DO

CAREFUL QUALITY ASSURANCE/QUALITY CONTROL, EVALUATION

OF THOSE DATA, AND START PERFORMING THE ANALYSES.

THERE WERE SOME REPORTS PRODUCED IN '93 FOR THE STATE

OF NEW YORK, AND THEN THERE ARE -- THE MAJOR

INTERPRETIVE REPORTS ARE BEING PRODUCED THIS YEAR. AND

WE WILL -- SOME OF THOSE REPORTS WILL GO INTO NEXT

YEAR. SO, ALL IN ALL, IT'S ROUGHLY A FIVE-YEAR TIME

SPAN.

Q. OKAY. AND YOUR BUDGET FOR THE FIRST YEAR --

 

 

 

 

 

 

 

 

 

MR. BIGHAM PAGE 129

NOT NECESSARILY YOUR BUDGET, I GUESS. HOW MUCH DID IT

ACTUALLY COST TO DO THE THINGS THAT YOU DID DURING THE

FIRST YEAR OF THE PROJECT?

A. WELL, THAT WAS APPROXIMATELY A MILLION

DOLLARS.

Q. FOR THE FIRST YEAR?

A. YES.

Q. OKAY. HOW MUCH DID YOU SPEND FOR THE SECOND

YEAR -- NOT SPEND FOR THE SECOND YEAR -- HOW MUCH DID

YOU CHARGE FOR THE WORK THAT YOU DID FOR THE SECOND

YEAR?

A. THE COST OF ALL THE FIELDWORK AND THE ANALYSES

THAT WE DID IN '92 WAS ON THE ORDER OF, I BELIEVE,

AROUND THREE MILLION DOLLARS. THAT INCLUDES ALL THE

LABORATORY ANALYSES.

Q. OKAY. WHAT ARE THE TOTAL COSTS FOR 1993?

A. THAT WAS -- I BELIEVE THAT'S AROUND TWO

MILLION. I ACTUALLY -- I THINK IT WAS AROUND TWO

MILLION.

Q. AND '94?

A. '94 IS AROUND ONE POINT TWO MILLION.

Q. AND '95, YOU BELIEVE, WILL BE THE LAST YEAR OF

THE PROJECT?

A. THAT'S WHAT THE SCHEDULE SAYS SO FAR.

 

 

 

 

 

 

 

 

 

MR. BIGHAM PAGE 130

Q. HOW MUCH DO YOU ANTICIPATE THE COSTS TO BE FOR

1995?

A. HAVEN'T -- WE HAVEN'T ESTIMATED A BUDGET FOR

'94 [sic]. I DON'T REALLY KNOW YET; IT DEPENDS.

IT'S A LITTLE PREMATURE TO BE ESTIMATING THAT RIGHT NOW

BECAUSE THESE SCHEDULES CHANGE QUITE A BIT OVER TIME.

Q. OKAY. WHAT ARE THE DIMENSIONS OF THE

ONONDAGA LAKE?

A. IT'S APPROXIMATELY FIVE MILES LONG, ONE MILE

WIDE. IT'S ABOUT SIXTY FEET DEEP AT THE MAXIMUM.

Q. I DON'T KNOW IF I ASKED YOU BEFORE, BUT WHAT

DID YOU BELIEVE THE SOURCES OF THE MERCURY WERE FOR

THAT LAKE?

A. THE PRIMARY SOURCE OF THE MERCURY TO THE LAKE

IS FROM ITS TRIBUTARIES. THERE IS SOME -- SECONDARY

SOURCES WOULD BE THE FLUX OF METHYLMERCURY FROM THE

SEDIMENTS. IN THIS PARTICULAR SYSTEM, ATMOSPHERIC

DEPOSITION IS ALMOST INSIGNIFICANT SOURCE.

MS. HOGAN: OKAY. WHY DON'T WE TAKE A

TEN-MINUTE BREAK OR SO.

WITNESS: SURE.

(THEREUPON, A BREAK WAS TAKEN

FROM 2:26 P.M. TO 2:31 P.M.)

EXAMINATION BY MS. HOGAN CONTINUES:

 

 

 

 

 

 

 

 

 

MR. BIGHAM PAGE 131

Q. MR. BIGHAM, DO YOU CONSIDER YOURSELF AN EXPERT

ON MERCURY CYCLING IN ONONDAGA LAKE?

A. YES, I DO.

Q. DO YOU CONSIDER YOURSELF AN EXPERT IN MERCURY

CYCLING IN THE EVERGLADES?

A. I WOULD COUNT MYSELF AMONG THOSE WHO ARE

EXPERTS IN THE TOPIC.

Q. IN THE TOPIC OF MERCURY CYCLING---

A. OF MERCURY CYCLING IN THE EVERGLADES. THERE'S

PRECIOUS FEW DATA AND INVESTIGATIONS THAT APPEAR TO BE

DONE, BUT I THINK I UNDERSTAND THEM AS WELL AS ANYONE.

Q. I WANT TO BE CLEAR. YOU CONSIDER YOURSELF AN

EXPERT ON MERCURY CYCLING IN THE EVERGLADES?

A. YES.

Q. OKAY. AND THAT IS BECAUSE OF WHAT?

A. BECAUSE OF MY KNOWLEDGE OF THE GENERAL MERCURY

LITERATURE, AND MY EXPERIENCE WITH INVESTIGATIONS IN

ONONDAGA LAKE, AND THE REVIEW OF SPECIFIC INFORMATION

AVAILABLE TO THE EVERGLADES THAT I'VE CONDUCTED WITHIN

THE LAST SEVERAL WEEKS.

MS. HOGAN: I HAVE NO FURTHER QUESTIONS

FOR YOU AT THIS TIME. THANK YOU.

A. I HAVE ONE THING I'D LIKE TO ADD, IF I MAY.

Q. OKAY.

 

 

 

 

 

 

 

 

 

MR. BIGHAM PAGE 132

A. THIS GOES BACK TO SOME QUESTIONS EARLIER THIS

MORNING. YOU HAD ASKED ME THE NAME OF THE LAW FIRM IN

DENVER THAT I HAD WORKED FOR?

Q. OH, OKAY. YES.

A. AND---

Q. THAT WAS FOR THE GULF RESOURCES, IN CONNECTION

WITH THAT?

A. NO, NO. NO. IN CONNECTION WITH---

Q. SHELL OIL?

A. ---THE SHELL OIL CASE.

Q. OKAY.

A. IT WAS PARCEL, P-A-R-C-E-L; MAURO, M-A-U-R-O;

HULTIN & SPAANSTRA, S-P-A-A-N-T-R-A -- S-T-R-A,

PRONOUNCED SPAANSTRA.

COURT REPORTER: WAS IT PULTIN OR

HULTIN?

WITNESS: HULTIN, H-U-L-T-I-N. I THINK

IT'S T-I-N.

A. ALSO, THERE WAS ONE -- ONE RESPONSE I THINK I

MADE TO A QUESTION THAT I MAY HAVE MISSTATED SLIGHTLY.

AS I RECALL, YOU ASKED ME THIS MORNING A QUESTION

REGARDING HAD I STUDIED OR WAS I AWARE OF OLIGOTROPHIC

WET -- BEHAVIOR OF MERCURY IN OLIGOTROPHIC WETLANDS,

SOMETHING LIKE THAT. MY ANSWER PRESUMED THAT YOU MEANT

 

 

 

 

 

 

 

 

 

MR. BIGHAM PAGE 133

OTHER THAN THE EVERGLADES, BUT I'M NOT SURE THAT YOU

SAID THAT, AND I JUST WANTED TO CLARIFY THAT MY ANSWER

WAS WITH RESPECT TO OTHER THAN THE EVERGLADES.

Q. AND WHAT WAS YOUR ANSWER?

A. THAT I WAS NOT.

Q. OKAY. ANYTHING ELSE?

A. NO.

MS. HOGAN: ALL RIGHT. THANK YOU.

------------------------------------------------------

(THEREUPON, THE DEPOSITION WAS CONCLUDED AT 2:34 P.M.)

------------------------------------------------------

 

 

 

 

 

 

 

 

 

MR. BIGHAM PAGE 134

 

 

STATE OF _____________________

COUNTY OF ____________________

 

 

I, GARY N. BIGHAM, HAVE READ

THE FOREGOING TRANSCRIPT OF MY

DEPOSITION AND DO HEREBY CERTIFY

THAT THE PRECEDING 132 PAGES

CONSTITUTE A TRUE AND ACCURATE

TRANSCRIPTION OF MY TESTIMONY.

 

 

______________________________

GARY N. BIGHAM

 

 

 

 

 

 

SWORN TO AND SUBSCRIBED

BEFORE ME, A NOTARY PUBLIC,

THIS THE ____ DAY OF ________________,

1994.

 

_______________________________

NOTARY PUBLIC

 

MY COMMISSION EXPIRES:

_______________________________

 

 

 

 

 

 

 

 

 

MR. BIGHAM PAGE 135

NORTH CAROLINA

WAKE COUNTY

C E R T I F I C A T E

I, CAROL S. YOUNG, A NOTARY PUBLIC, DO HEREBY

CERTIFY THAT GARY N. BIGHAM WAS DULY SWORN PRIOR TO THE

TAKING OF THE FOREGOING DEPOSITION, AND THAT SAID

DEPOSITION WAS TAKEN AND TRANSCRIBED UNDER MY DIRECT

SUPERVISION, AND THAT THE FOREGOING 132 PAGES

CONSTITUTE A TRUE AND ACCURATE TRANSCRIPTION OF THE

TESTIMONY OF THE SAID WITNESS.

I DO FURTHER CERTIFY THAT THE PERSONS WERE PRESENT

AS STATED IN THE CAPTION.

I DO FURTHER CERTIFY THAT I AM NOT OF COUNSEL FOR,

OR IN THE EMPLOYMENT OF EITHER OF THE PARTIES TO THIS

ACTION, NOR AM I INTERESTED IN THE RESULTS OF THIS

ACTION.

IN WITNESS WHEREOF, I HAVE HEREUNTO SUBSCRIBED MY

NAME, THIS THE 25TH DAY OF APRIL, 1994.

 

 

_____________________________

CAROL S. YOUNG

CAROLYN Y. HALL & ASSOCIATES

2551 ALBEMARLE AVENUE

RALEIGH, NORTH CAROLINA 27610

MY COMMISSION EXPIRES

DECEMBER 26, 1995